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





                                                  SENATE AMENDMENT

    Bill No. SB 2566

    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 76, following line 31

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16  insert:

17         Section 45.  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 2-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. SB 2566

    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)  An attorney ad litem must be a member in good

26  standing of The Florida Bar and may not serve as an attorney

27  ad litem until he or she has completed the training program.

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

29  representation of children in the Ninth Judicial Circuit under

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

31  shelter hearing conducted under section 39.402, Florida

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                                                  SENATE AMENDMENT

    Bill No. SB 2566

    Amendment No.    





 1  Statutes, if the court deems attorney ad litem representation

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

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

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

 5  has not yet been appointed and the court deems such

 6  representation necessary. The attorney ad litem's

 7  representation shall be limited to proceedings initiated under

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

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

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

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

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

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

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

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

16  records concerning the child.

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

18  administrator shall assign an attorney ad litem to represent

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

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

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

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

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

24  same duties of advocacy, loyalty, confidentiality, and

25  competent representation which are due an adult client. The

26  court must approve any action by the attorney ad litem

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

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

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

30  because permanency has been achieved or the court believes

31  that the attorney ad litem is no longer necessary.

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                                                  SENATE AMENDMENT

    Bill No. SB 2566

    Amendment No.    





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

 2  conduct research and gather statistical information to

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

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

 5  assessing the effects of the pilot program, including

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

 7  evaluation must include a comparison of children within the

 8  Ninth Judicial Circuit who are appointed an attorney ad litem

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

10  the Legislature and the Governor by October 1, 2001 regarding

11  its findings. The office shall submit a final report by

12  October 1, 2002, which must include an evaluation of the pilot

13  program; findings on the feasibility of a statewide program;

14  and recommendations, if any, for locating, establishing, and

15  operating a statewide program.

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

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

18  include the duties, responsibilities, and conduct of an

19  attorney ad litem. The Office of the State Courts

20  Administrator, in consultation with the Dependency Court

21  Improvement Committee of the Supreme Court, shall develop

22  implementation guidelines for the attorney ad litem pilot

23  program.

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

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

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

27  positions are authorized for Court Operations - Circuit Courts

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

29  pilot program in the Ninth Judicial Circuit and provide

30  adequate guardian ad litem representation that is in the best

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

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                                                  SENATE AMENDMENT

    Bill No. SB 2566

    Amendment No.    





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

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

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

 4  interests representation by the Guardian Ad Litem Program as

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

 6  funds is appropriated from the General Revenue Fund to the

 7  Supreme Court for the Office of the State Courts Administrator

 8  for the purpose of evaluating the pilot program.

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

10  take effect October 1, 2000.

11

12  (Redesignate subsequent sections.)

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

16  And the title is amended as follows:

17         On page 3, line 24, following the semicolon

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19  insert:

20         providing legislative intent with respect to

21         providing competent legal representation for

22         children in state custody; requiring that the

23         Office of the State Courts Administrator create

24         a pilot Attorney Ad Litem Program in the Ninth

25         Judicial Circuit; authorizing the office to

26         contract with a private or public entity to

27         operate the pilot program; providing for the

28         pilot program to operate independently of other

29         state agencies responsible for the care of

30         children in state custody; providing for

31         administration of the program; requiring that

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                                                  SENATE AMENDMENT

    Bill No. SB 2566

    Amendment No.    





 1         the Office of the State Courts Administrator

 2         develop a training program for attorneys ad

 3         litem; requiring that the court direct the

 4         pilot program to assign an attorney ad litem;

 5         requiring that the Department of Children and

 6         Family Services provide information to the

 7         pilot-program administrator; providing for

 8         assigning an attorney ad litem to represent the

 9         child's wishes; requiring the Office of the

10         State Courts Administrator to make annual

11         reports to the Legislature; requiring that the

12         Office of the States Courts Administrator

13         evaluate the pilot program; requesting that the

14         Supreme Court adopt rules of juvenile

15         procedure; providing appropriations for the

16         pilot program;

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