CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    Amendment No. ___

                            CHAMBER ACTION
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11  Senator McKay moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 84, between lines 2 and 3,

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16  insert:

17         Section 52.  Pilot program for attorneys ad litem for

18  dependent children.--

19         (1)  LEGISLATIVE INTENT.--In furtherance of the goals

20  set forth in section 39.4085, Florida Statutes, it is the

21  intent of the Legislature that children who are maintained in

22  out-of-home care by court order under s. 39.402 receive

23  competent legal representation.

24         (2)  RESPONSIBILITIES.--

25         (a)  The Office of the State Courts Administrator shall

26  establish a 3-year pilot Attorney Ad Litem Program in the

27  Ninth Judicial Circuit.

28         (b)  The Office of the State Courts Administrator shall

29  establish the pilot program in the Ninth Judicial Circuit by

30  October 1, 2000. The Ninth Judicial Circuit may contract with

31  a private or public entity in the Ninth Judicial Circuit to

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                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    Amendment No. ___





  1  establish the pilot program. The private or public entity must

  2  have appropriate expertise in representing the rights of

  3  children taken into custody by the Department of Children and

  4  Family Services. The Office of the State Court Administrator

  5  shall identify measurable outcomes, including, but not limited

  6  to, the impact of counsel on child safety, improvements in the

  7  provision of appropriate services, and any reduction in the

  8  length of stay of children in state care. The pilot program

  9  shall be established and operate independently of any other

10  state agency responsible for the care of children taken into

11  custody.

12         (c)  The Ninth Judicial Circuit shall designate an

13  attorney within the Ninth Judicial Circuit to conduct the

14  administrative oversight of the pilot program. The program

15  administrator must be a member in good standing of The Florida

16  Bar and must have 5 or more years of experience in the area of

17  child advocacy, child welfare, or juvenile law. The

18  administrative oversight of the pilot program is subject to

19  supervision by the Ninth Judicial Circuit.

20         (d)  The Office of the State Courts Administrator in

21  conjunction with the pilot program shall develop a training

22  program for attorneys ad litem which includes, but need not be

23  limited to, appropriate standards of practice for attorneys

24  who represent children.

25         (e)  Within funds specifically appropriated for this

26  pilot program, the Office of the State Courts Administrator in

27  conjunction with the pilot program shall design an appropriate

28  attorney ad litem program and may establish the number of

29  attorneys needed to serve as attorneys ad litem and may employ

30  attorneys and other personnel. An attorney ad litem must be a

31  member in good standing of The Florida Bar and may not serve

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                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    Amendment No. ___





  1  as an attorney ad litem until he or she has completed the

  2  training program.

  3         (f)  The court shall appoint the entity responsible for

  4  representation of children in the Ninth Judicial Circuit under

  5  the pilot program who are continued in out-of-home care at the

  6  shelter hearing conducted under section 39.402, Florida

  7  Statutes, if the court deems attorney ad litem representation

  8  necessary. At any time following the shelter hearing, the

  9  court may appoint an attorney ad litem upon the motion of any

10  party, or upon the court's own motion if an attorney ad litem

11  has not yet been appointed and the court deems such

12  representation necessary. The attorney ad litem's

13  representation shall be limited to proceedings initiated under

14  chapter 39, only. The court must appoint a guardian ad litem

15  pursuant to s. 39.822 for all children who have been appointed

16  an attorney ad litem. Upon this action by the court, the

17  department shall provide to the administrator, at a minimum,

18  the name of the child, the location and placement of the

19  child, the name of the department's authorized agent and

20  contact information, copies of all notices sent to the parent

21  or legal custodian of the child, and other information or

22  records concerning the child.

23         (g)  Upon the court's direction, the pilot program

24  administrator shall assign an attorney ad litem to represent

25  the child. Once assigned, the attorney ad litem shall

26  represent the child's wishes for purposes of proceedings under

27  chapter 39, Florida Statutes, as long as the child's wishes

28  are consistent with the safety and well being of the child.

29  The child's attorney must in all circumstances fulfill the

30  same duties of advocacy, loyalty, confidentiality, and

31  competent representation which are due an adult client. The

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                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    Amendment No. ___





  1  court must approve any action by the attorney ad litem

  2  restricting access to the child by the guardian ad litem or by

  3  any other party. The attorney ad litem shall represent the

  4  child until the program is discharged by order of the court

  5  because permanency has been achieved or the court believes

  6  that the attorney ad litem is no longer necessary.

  7         (h)  The Office of the State Courts Administrator shall

  8  conduct research and gather statistical information to

  9  evaluate the establishment, operation, and impact of the pilot

10  program in meeting the legal needs of dependent children. In

11  assessing the effects of the pilot program, including

12  achievement of outcomes identified under paragraph (2)(b), the

13  evaluation must include a comparison of children within the

14  Ninth Judicial Circuit who are appointed an attorney ad litem

15  with those who are not. The office shall submit a report to

16  the Legislature and the Governor by October 1, 2001 and by

17  October 1, 2002, regarding its findings. The office shall

18  submit a final report by October 1, 2003, which must include

19  an evaluation of the pilot program; findings on the

20  feasibility of a statewide program; and recommendations, if

21  any, for locating, establishing, and operating a statewide

22  program.

23         (3)  STANDARDS.--The Supreme Court is requested, by

24  October 1, 2000, to adopt rules of juvenile procedure which

25  include the duties, responsibilities, and conduct of an

26  attorney ad litem. The Office of the State Courts

27  Administrator, in consultation with the Dependency Court

28  Improvement Committee of the Supreme Court, shall develop

29  implementation guidelines for the attorney ad litem pilot

30  program.

31         (4)  FUNDING.--The sums of $1,040,111 in recurring

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                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    Amendment No. ___





  1  funds and $48,674 in nonrecurring funds are appropriated from

  2  the General Revenue Fund and two full-time-equivalent

  3  positions are authorized for Court Operations - Circuit Courts

  4  in the State Court System to operate the attorney ad litem

  5  pilot program in the Ninth Judicial Circuit and provide

  6  adequate guardian ad litem representation that is in the best

  7  interests of all children involved in the pilot program. The

  8  sum of $696,798 in recurring funds is appropriated from the

  9  General Revenue Fund, and 14 full-time equivalent positions

10  are authorized, for the circuit court budget to ensure best

11  interests representation by the Guardian Ad Litem Program as

12  part of the pilot program. The sum of $75,000 in nonrecurring

13  funds is appropriated from the General Revenue Fund to the

14  Supreme Court for the Office of the State Courts Administrator

15  for the purpose of evaluating the pilot program.

16         (5)  The provisions in this section of the act shall

17  take effect October 1, 2000.

18

19  (Redesignate subsequent sections.)

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21

22  ================ T I T L E   A M E N D M E N T ===============

23  And the title is amended as follows:

24         On page 5, line 7, following the semicolon

25

26  insert:

27         providing legislative intent with respect to

28         providing competent legal representation for

29         children in state custody; requiring that the

30         Office of the State Courts Administrator create

31         a pilot Attorney Ad Litem Program in the Ninth

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                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    Amendment No. ___





  1         Judicial Circuit; authorizing the office to

  2         contract with a private or public entity to

  3         operate the pilot program; providing for the

  4         pilot program to operate independently of other

  5         state agencies responsible for the care of

  6         children in state custody; providing for

  7         administration of the program; requiring that

  8         the Office of the State Courts Administrator

  9         develop a training program for attorneys ad

10         litem; requiring that the court direct the

11         pilot program to assign an attorney ad litem;

12         requiring that the Department of Children and

13         Family Services provide information to the

14         pilot-program administrator; providing for

15         assigning an attorney ad litem to represent the

16         child's wishes; requiring the Office of the

17         State Courts Administrator to make annual

18         reports to the Legislature; requiring that the

19         Office of the States Courts Administrator

20         evaluate the pilot program; requesting that the

21         Supreme Court adopt rules of juvenile

22         procedure; providing appropriations for the

23         pilot program;

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