Senate Bill sb1290c1

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    Florida Senate - 2001                           CS for SB 1290

    By the Committee on Children and Families; and Senator
    Campbell




    300-1666-01

  1                      A bill to be entitled

  2         An act relating to children; creating as a

  3         pilot program an Office of Counsel for Children

  4         in the tenth regional district of the

  5         Department of Children and Family Services to

  6         represent the legal interests of children in

  7         out-of-home care pursuant to court order;

  8         providing an administrative counsel for the

  9         office; specifying qualifications; placing the

10         office in the Department of Legal Affairs for

11         budget purposes; requiring the court to appoint

12         the office to represent the legal inerests of

13         the child continued in out-of-home care;

14         providing for appointment by the Governor;

15         providing duties of the Office of Counsel for

16         Children; providing that a child may not waive

17         the right to counsel supplied by the office;

18         providing that the office is substituted for

19         the department in dependency cases when

20         appointed by the court; requiring a report to

21         the Legislature and the Governor; requiring the

22         office to conduct an evaluation of the pilot

23         program with a report to the Legislature and

24         Governor; providing for the expiration of the

25         pilot program; amending s. 39.013, F.S.;

26         providing that time limitations under ch. 39,

27         F.S., do not include continuances requested by

28         any party; providing limitations on

29         continuances; amending s. 39.402, F.S.;

30         providing that time limitations governing

31         placement of a child in a shelter do not

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    Florida Senate - 2001                           CS for SB 1290
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  1         include continuances requested by any party;

  2         providing limitations on continuances; amending

  3         s. 39.506, F.S.; eliminating the requirement

  4         for a court's continued review of a child's

  5         placement in a shelter; amending s. 39.601,

  6         F.S.; modifying case-plan requirements;

  7         requiring the department to adopt rules

  8         governing the content and format of case plans;

  9         amending s. 39.602, F.S.; eliminating certain

10         criteria in case plans when parents do not

11         participate and the child is in out-of-home

12         care; providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  (1)  It is the intent of the Legislature

17  that children who are placed and maintained in out-of-home

18  care by court order under section 39.402, Florida Statutes,

19  receive cost-effective, competent representation of their

20  legal interests. It is further the intent of the Legislature

21  that providing for such representation be done in a manner

22  that promotes efficient and appropriate use of scarce judicial

23  resources; advances and appropriately balances the interests

24  of children in timely resolution of dependency litigation and

25  in family integrity and rehabilitation where appropriate; and

26  ensures prompt systematic response to any circumstance

27  adversely affecting the health, safety, and welfare of

28  children who are maintained in out-of-home care. The

29  Legislature recognizes that the legal interests of children

30  maintained in out-of-home care include at law, without

31  limitation, compliance with the objective criteria and

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    Florida Senate - 2001                           CS for SB 1290
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  1  procedures established by law, the expeditious resolution of

  2  dependency proceedings so that the child can remain or return

  3  home or be placed in a safe, nurturing, and permanent

  4  environment, and the use of the least restrictive or

  5  detrimental alternatives available.

  6         (2)(a)  There is created as a pilot program an Office

  7  of Counsel for Children in the tenth regional district of the

  8  Department of Children and Family Services. The office shall

  9  be administered by an administrative counsel, who shall

10  oversee all administrative needs of the office, hire and

11  supervise staff attorneys and support staff, and serve as an

12  attorney for clients of the office as time permits. The

13  administrative counsel must be, and must have been for the

14  preceding 5 years, a member in good standing of The Florida

15  Bar or similar organization in another state, and must have 5

16  or more years of experience in the area of child advocacy,

17  child welfare, or juvenile law.

18         (b)  The Governor shall appoint the administrative

19  counsel based upon an application process to be determined by

20  the Office of the Governor. The administrative counsel shall

21  be appointed for a term of 3 years and shall devote his or her

22  full business time and effort to the office. Vacancies shall

23  be filled in the same manner as appointments.

24         (c)  The administrative counsel shall ensure that all

25  staff attorneys either have at the time of hiring, or acquire

26  through supplementary training conducted within a reasonable

27  period of time after hiring, sufficient knowledge regarding

28  the dynamics and needs of children, families, and foster

29  families in cases of child abuse, abandonment, and neglect to

30  perform the duties relating to legal representation of

31  dependent children. Relevant training may include programs or

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  1  materials developed under the requirements of chapter 39,

  2  Florida Statutes, by the Department of Children and Family

  3  Services, the Department of Education, the Department of

  4  Health, and the Office of the State Courts Administrator.

  5         (d)  The Office of Counsel for Children is assigned to

  6  the Department of Legal Affairs for budget purposes only. The

  7  administrative counsel for the Office of Counsel for Children

  8  shall annually prepare a budget request that is not to be

  9  changed by the Department of Legal Affairs but shall be

10  transmitted to the Governor for transmittal to the

11  Legislature. The Office of Counsel for Children is not subject

12  to control, supervision, or direction by the Department of

13  Legal Affairs in the performance of its duties.

14         (3)(a)  When a court determines at a shelter hearing

15  held pursuant to section 39.402, Florida Statutes, that a

16  child shall be continued in out-of-home care, the court shall

17  appoint the Office of Counsel for Children to represent the

18  legal interests of the child and order that office substituted

19  as the petitioner. The Counsel for Children's representation

20  shall be limited to proceedings initiated under this chapter

21  only and any appeals associated with the proceedings. Upon

22  appointment of the office by the court, the Department of

23  Children and Family Services shall provide to the Office of

24  Counsel for Children, at a minimum, the name of the child, the

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

26  department's authorized agent and contact information, copies

27  of all notices sent to the parent or legal custodian of the

28  child, and other information and records concerning the child.

29  Upon receipt of appointment, the administrative counsel shall

30  assign a staff attorney employed by the office to represent

31  the child's legal interests as set forth in chapter 39,

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    Florida Senate - 2001                           CS for SB 1290
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  1  Florida Statutes. The office and the assigned attorney must in

  2  all circumstances fulfill the same duties of advocacy,

  3  loyalty, confidentiality, and competent representation as are

  4  due an adult client under the Rules of Professional

  5  Responsibility.

  6         (b)  The office shall represent the child until

  7  discharged by order of the court because permanency has been

  8  achieved or whenever the court believes that the child no

  9  longer needs ongoing representation of his or her legal

10  interests. Notwithstanding such discharge, the office may be

11  reassigned by the court at a later time if necessary.

12         (c)  The Office of Counsel for Children shall:

13         1.  Represent the legal interests of the minor in all

14  proceedings under chapter 39, Florida Statutes, and any

15  appeals arising therefrom.

16         2.  Conduct an independent investigation to obtain

17  first-hand understanding of the situation of the child and the

18  family to the extent necessary to discharge the duties under

19  this section.

20         3.  Monitor the actions of the Department of Children

21  and Family Services which impact on the child's legal

22  interests, including, without limitation, efforts by the

23  department to explore and investigate placement options,

24  pursuit of alternatives to continued removal of the child,

25  development of the case plan, and provision of services to all

26  parties under the case plan.

27         4.  Ensure that all relevant evidence bearing on

28  decisions as to the child's best interests are timely provided

29  to the court at appropriate stages of the proceedings, through

30  efforts that include:

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    Florida Senate - 2001                           CS for SB 1290
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  1         a.  Reviewing all relevant written records relative to

  2  the child, including department, medical, educational, and

  3  psychological records.

  4         b.  Conducting interviews, as appropriate and permitted

  5  by law and the Rules of Professional Responsibility, with the

  6  child's parents, foster parents, caseworkers, therapists,

  7  counselors, school personnel, and mental health professionals,

  8  and, if any injuries or abuse have occurred or are alleged,

  9  reviewing photographs and available video or audio tape of

10  interviews with the minor.

11         c.  Personally meeting with and interviewing the minor

12  as is appropriate given the psychosocial development of the

13  child to determine the minor's goals and concerns regarding

14  placement and permanency options and to monitor regularly the

15  appropriateness and safety of the child's placement.

16         5.  Attend all court and administrative hearings and

17  file written petitions, motions, responses, reports,

18  objections, and any other litigation action necessary to

19  protect the legal interests of the child, including all

20  necessary efforts to enforce statutory time standards and

21  minimize the delay of proceedings, and as otherwise necessary

22  to safeguard the physical health, mental health, and welfare

23  of the child.

24         6.  As appropriate, keep the minor advised of the

25  status of court proceedings, court actions, and proposals made

26  by other parties, as well as psychiatric, medical, or other

27  treatment or diagnostic services that are to be provided to

28  the minor.

29         7.  Monitor all matters and actions by other parties

30  affecting the child's health, safety, and welfare in order to

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  1  inform the court promptly and seek court intervention as

  2  needed. This shall include:

  3         a.  Monitoring matters influencing the implementation

  4  of the child's treatment plan and compliance with any

  5  disposition orders to determine whether services ordered by

  6  the court are actually provided, provided in a timely manner,

  7  and accomplishing their intended goal.

  8         b.  Monitoring timely and complete development and

  9  implementation of all aspects of the case plan.

10         c.  Monitoring compliance with court orders, including

11  orders that particular services be made available to the

12  child, to his or her family of origin, and to foster parents.

13         d.  Monitoring whether the child's family takes

14  advantage of court-ordered services and whether those services

15  are achieving their intended purpose.

16         e.  Monitoring for any violation of orders by the

17  parties, new developments, or other changes that justify

18  review of the case.

19         8.  Participate in mediation and negotiating

20  settlements.

21         (4)(a)  All privileges provided by Florida Statutes

22  applicable to legal representation shall apply to the Office

23  of Counsel for Children. All personnel, including attorneys,

24  employees, and volunteers, of the Office of Counsel for

25  Children who come into regular contact with children shall be

26  subject to the same requirements to which department

27  contractors are subjected under section 39.001(2), Florida

28  Statutes. Administration of the requirements must be performed

29  by the Office of Counsel for Children. The right to duly

30  appointed counsel of the Office of Counsel for Children may

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  1  not be waived by any child except pursuant to the Rules of

  2  Professional Responsibility.

  3         (b)  Once counsel or the Office of Counsel for Children

  4  has entered an appearance or been appointed by the court to

  5  represent the child, the attorney or office shall continue to

  6  represent the child throughout the proceedings. If the

  7  attorney-client relationship is discontinued, the court shall

  8  appoint appropriate new counsel for the remainder of the

  9  proceedings.

10         (c)  Upon being appointed by the court in a dependency

11  case, the Office of Counsel for Children is substituted for

12  the Department of Children and Family Services as the moving

13  party in the case.

14         (d)  Appointment of the Office of Counsel for Children

15  does not eliminate the need for appointment of a guardian ad

16  litem pursuant to other provisions of law, including section

17  39.822, Florida Statutes.

18         (5)  The Office of Counsel for Children shall identify

19  defined and measurable performance outcomes, including the

20  impact of counsel on child safety, improvements in the

21  provision of appropriate services, compliance with statutory

22  time standards, and any associated reduction in the length of

23  stay of children in state care. The office shall report

24  annually to the Legislature and the Governor regarding these

25  and other appropriate performance measures. For the purposes

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

27  shall conduct an evaluation of the establishment, operation,

28  and impact of the pilot program in meeting the legal needs of

29  dependent children. The Office of State Courts Administrator

30  shall submit a preliminary report to the Legislature and

31  Governor by October 1, 2003, and a final report by October 1,

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  1  2004, which must include an evaluation of the pilot program,

  2  findings on the feasibility of a statewide program, and

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

  4  operating a statewide program.

  5         (6)  The Office of Counsel for Children pilot program

  6  expires June 30, 2005, unless continued by action of the

  7  Legislature.

  8         Section 2.  Subsection (10) of section 39.013, Florida

  9  Statutes, is amended to read:

10         39.013  Procedures and jurisdiction; right to

11  counsel.--

12         (10)  The time limitations in this chapter do not

13  include:

14         (a)  Periods of delay resulting from a continuance

15  granted at the request or with the consent of the child's

16  counsel or the child's guardian ad litem, if one has been

17  appointed by the court, or, if the child is of sufficient

18  capacity to express reasonable consent, at the request or with

19  the consent of the child.

20         (b)  Periods of delay resulting from a continuance

21  granted at the request of any party the attorney for the

22  department or petitioner, if the continuance is granted:

23         1.  Because of an unavailability of evidence material

24  to the case when the requesting party attorney for the

25  department or petitioner has exercised due diligence to obtain

26  such evidence and there are substantial grounds to believe

27  that such evidence will be available within 30 days. However,

28  if the requesting party department or petitioner is not

29  prepared to proceed present its case within 30 days, the

30  parent may move for issuance of an order to show cause or the

31

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  1  court on its own motion may impose appropriate sanctions,

  2  which may include dismissal of the petition.

  3         2.  To allow the attorney for the department or

  4  petitioner additional time to prepare the case and additional

  5  time is justified because of an exceptional circumstance.

  6         (c)  Reasonable periods of delay necessary to

  7  accomplish notice of the hearing to the child's parents;

  8  however, the petitioner shall continue regular efforts to

  9  provide notice to the parents during such periods of delay.

10         (d)  Reasonable periods of delay resulting from a

11  continuance granted at the request of the parent or legal

12  custodian of a subject child.

13         (e)  Notwithstanding the foregoing, continuances and

14  extensions of time are limited to the number of days necessary

15  to complete a necessary task in order to preserve the rights

16  of a party or the best interests of a child. Time is of the

17  essence for the best interests of dependent children in

18  conducting dependency proceedings in accordance with the time

19  limitations established in this chapter. Time limitations are

20  a right of the child which may not be waived, extended, or

21  continued at the request of any party in advance of the

22  particular circumstances or need arising upon which delay of

23  the proceedings may be warranted.

24         (f)  A party may not be granted more than 60 days in

25  continuances or extensions of time within any 12-month period

26  during dependency proceedings, except under extraordinary

27  circumstances necessary to preserve the constitutional rights

28  of a party or when substantial evidence demonstrates that the

29  child's best interests will be affirmatively harmed without

30  the granting of a continuance or extension of time. Any

31  continuance or extension of time granted under this subsection

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  1  must be limited to the number of days necessary under the

  2  circumstances.

  3         Section 3.  Subsections (14) and (15) of section

  4  39.402, Florida Statutes, are amended to read:

  5         39.402  Placement in a shelter.--

  6         (14)  The time limitations in this section do not

  7  include:

  8         (a)  Periods of delay resulting from a continuance

  9  granted at the request or with the consent of the child's

10  counsel or the child's guardian ad litem, if one has been

11  appointed by the court, or, if the child is of sufficient

12  capacity to express reasonable consent, at the request or with

13  the consent of the child's attorney or the child's guardian ad

14  litem, if one has been appointed by the court, and the child.

15         (b)  Periods of delay resulting from a continuance

16  granted at the request of any party the attorney for the

17  department, if the continuance is granted:

18         1.  Because of an unavailability of evidence material

19  to the case when the requesting party attorney for the

20  department has exercised due diligence to obtain such evidence

21  and there are substantial grounds to believe that such

22  evidence will be available within 30 days.  However, if the

23  requesting party department is not prepared to proceed present

24  its case within 30 days, the parent or legal custodian may

25  move for issuance of an order to show cause or the court on

26  its own motion may impose appropriate sanctions, which may

27  include dismissal of the petition.

28         2.  To allow the attorney for the department additional

29  time to prepare the case and additional time is justified

30  because of an exceptional circumstance.

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  1         (c)  Reasonable periods of delay necessary to

  2  accomplish notice of the hearing to the child's parents or

  3  legal custodians; however, the petitioner shall continue

  4  regular efforts to provide notice to the parents or legal

  5  custodians during such periods of delay.

  6         (d)  Reasonable periods of delay resulting from a

  7  continuance granted at the request of the parent or legal

  8  custodian of a subject child.

  9         (e)  Notwithstanding the foregoing, continuances and

10  extensions of time are limited to the number of days

11  absolutely necessary to complete a necessary task in order to

12  preserve the rights of a party or the best interests of a

13  child. Time is of the essence for the best interests of

14  dependent children in conducting dependency proceedings in

15  accordance with the time limitations set forth in this

16  chapter. Time limitations are a right of the child which may

17  not be waived, extended, or continued at the request of any

18  party in advance of the particular circumstances or need

19  arising upon which delay of the proceedings may be warranted.

20         (f)  A party may not be granted more than 60 days in

21  continuances or extensions of time within any 12-month period

22  during dependency proceedings except under extraordinary

23  circumstances necessary to preserve the constitutional rights

24  of a party or when substantial evidence demonstrates that the

25  child's best interests will be affirmatively harmed without

26  the granting of a continuance or extension of time. Any

27  continuance or extension of time granted under this subsection

28  must be strictly limited to the number of days necessary under

29  the circumstances.

30         (15)  At the conclusion of a shelter hearing, the court

31  shall notify all parties in writing of the next scheduled

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  1  hearing to review the shelter placement. Such hearing shall be

  2  held no later than 30 days after placement of the child in

  3  shelter status, in conjunction with the arraignment hearing,

  4  and at such times as otherwise provided by law or determined

  5  by the court to be necessary every 15 days thereafter until

  6  the child is released from shelter status.

  7         Section 4.  Subsection (8) of section 39.506, Florida

  8  Statutes, is amended to read:

  9         39.506  Arraignment hearings.--

10         (8)  At the arraignment hearing, and no more than every

11  15 days thereafter until the child is returned home or a

12  disposition hearing has been conducted, the court shall review

13  the necessity for the child's continued placement in the

14  shelter. The court shall also make a written determination

15  regarding the child's continued placement in shelter within 24

16  hours after any violation of the time requirements for the

17  filing of a petition or prior to the court's granting any

18  continuance as specified in subsection (5).

19         Section 5.  Subsections (2) and (3) of section 39.601,

20  Florida Statutes, are amended and subsection (11) is added to

21  that section to read:

22         39.601  Case plan requirements.--

23         (2)  When the child or parent is receiving services,

24  the case plan shall be filed with the court, for approval by

25  the court, at least 72 hours prior to the disposition hearing.

26  The case plan must be served on all parties whose whereabouts

27  are known at least 72 hours prior to the disposition hearing.

28  and must include, in addition to the requirements in

29  subsection (1), at a minimum:

30

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  1         (a)  A description of the problem being addressed that

  2  includes the behavior or act of a parent resulting in risk to

  3  the child and the reason for the department's intervention.

  4         (b)  A description of the tasks with which the parent

  5  must comply and the services to be provided to the parent and

  6  child specifically addressing the identified problem,

  7  including:

  8         1.  Type of services or treatment.

  9         2.  Frequency of services or treatment. <

10         3.  Location of the delivery of the services.

11         4.  The accountable department staff or service

12  provider.

13         (c)  A description of the measurable objectives,

14  including timeframes for achieving objectives, addressing the

15  identified problem.

16         (3)  When the child is receiving services in an

17  out-of-home placement, the case plan must be filed with the

18  court, for approval by the court, at least 72 hours prior to

19  the disposition hearing.  The case plan must be served on all

20  parties whose whereabouts are known at least 72 hours prior to

21  the disposition hearing. and must include, in addition to the

22  requirements in subsections (1) and (2), at a minimum:

23         (a)  A description of the permanency goal for the

24  child, including the type of placement. Reasonable efforts to

25  place a child in a home that will serve as an adoptive

26  placement if reunification is not successful, or with a legal

27  custodian, may be made concurrently with reasonable efforts to

28  prevent removal of the child from the home or make it possible

29  for the child to return safely home.

30         (b)  A description of the type of home or institution

31  in which the child is to be placed.

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  1         (c)  A description of the financial support obligation

  2  to the child, including health insurance, of the child's

  3  parents.

  4         (d)  A description of the visitation rights and

  5  obligations of the parents during the period the child is in

  6  care.

  7         (e)  A discussion of the safety and appropriateness of

  8  the child's placement, which placement is intended to be safe,

  9  the least restrictive and most family-like setting available

10  consistent with the best interest and special needs of the

11  child, and in as close proximity as possible to the child's

12  home. The plan must also establish the role for the foster

13  parents or legal custodians in the development of the services

14  which are to be provided to the child, foster parents, or

15  legal custodians. It must also address the child's need for

16  services while under the jurisdiction of the court and

17  implementation of these services in the case plan.

18         (f)  A description of the efforts to be undertaken to

19  maintain the stability of the child's educational placement.

20         (g)  A discussion of the department's plans to carry

21  out the judicial determination made by the court, with respect

22  to the child, in accordance with this chapter and applicable

23  federal regulations.

24         (h)  A description of the plan for assuring that

25  services outlined in the case plan are provided to the child

26  and the child's parent or parents, to improve the conditions

27  in the home and facilitate either the safe return of the child

28  to the home or the permanent placement of the child.

29         (i)  A description of the plan for assuring that

30  services as outlined in the case plan are provided to the

31  child, the child's parents, and the child's legal custodians,

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  1  to address the needs of the child, and a discussion of the

  2  appropriateness of the services.

  3         (j)  A description of the plan for assuring that

  4  services are provided to the child and the child's legal

  5  custodians or foster parents to address the needs of the child

  6  while in an out-of-home placement, which shall include an

  7  itemized list of costs to be borne by the parent associated

  8  with any services or treatment that the parent and child are

  9  expected to receive.

10         (k)  A written notice to the parent that failure of the

11  parent to substantially comply with the case plan may result

12  in the termination of parental rights, and that a material

13  failure to substantially comply may result in the filing of a

14  petition for termination of parental rights sooner than the

15  compliance periods set forth in the case plan itself. The case

16  staffing committee shall coordinate its efforts with the child

17  protection team of the Department of Health.

18         (l)  In the case of a child for whom the permanency

19  plan is adoption or placement in another permanent home,

20  documentation of the steps the agency is taking to find an

21  adoptive family or other permanent living arrangement for the

22  child, to place the child with an adoptive family, with a fit

23  and willing relative, with a legal custodian, or in another

24  planned permanent living arrangement, and to finalize the

25  adoption, legal guardianship, or long-term custodial

26  relationship. At a minimum, such documentation shall include

27  child-specific recruitment efforts such as the use of state,

28  regional, and national adoption exchanges, including

29  electronic exchange systems.

30         (11)  The department shall adopt rules governing the

31  content and format of case plans and establishing procedures

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  1  for developing, implementing, and changing the case plans. The

  2  plans at a minimum must comply with the requirements of Title

  3  IV-E of the Social Security Act, 42 U.S.C. 671 and 675 (1980),

  4  as amended.

  5         Section 6.  Section 39.602, Florida Statutes, is

  6  amended to read:

  7         39.602  Case planning when parents do not participate

  8  and the child is in out-of-home care.--

  9         (1)  In the event the parents will not or cannot

10  participate in preparation of a case plan, the department

11  shall submit a full explanation of the circumstances and state

12  the nature of its efforts to secure such persons'

13  participation in the preparation of a case plan.

14         (2)  In a case in which the physical, emotional, or

15  mental condition or physical location of the parent is the

16  basis for the parent's nonparticipation, it is the burden of

17  the department to provide substantial evidence to the court

18  that such condition or location has rendered the parent unable

19  or unwilling to participate in the preparation of a case plan,

20  either pro se or through counsel. The supporting documentation

21  must be submitted to the court at the time the plan is filed.

22         (3)  The plan must include, but need not be limited to,

23  the specific services to be provided by the department, the

24  goals and plans for the child, and the time for accomplishing

25  the provisions of the plan and for accomplishing permanence

26  for the child.

27         (3)(a)(4)(a)  At least 72 hours prior to the hearing in

28  which the court will consider approval of the case plan, all

29  parties must be provided with a copy of the plan developed by

30  the department. If the location of one or both parents is

31  unknown, this must be documented in writing and included in

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    Florida Senate - 2001                           CS for SB 1290
    300-1666-01




  1  the plan submitted to the court.  After the filing of the

  2  plan, if the location of an absent parent becomes known, that

  3  parent must be served with a copy of the plan.

  4         (b)  Before the filing of the plan, the department

  5  shall advise each parent, both orally and in writing, that the

  6  failure of the parents to substantially comply with a plan may

  7  result in the termination of parental rights, but only after

  8  notice and hearing as provided in this chapter. If, after the

  9  plan has been submitted to the court, an absent parent is

10  located, the department shall advise the parent, both orally

11  and in writing, that the failure of the parents to

12  substantially comply with a plan may result in termination of

13  parental rights, but only after notice and hearing as provided

14  in this chapter. Proof of written notification must be filed

15  with the court.

16         Section 7.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                           CS for SB 1290
    300-1666-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1290

  3

  4  Creates the Office of Counsel for Children as a pilot program.

  5  Requires an evaluation of the pilot program that is to be
    conducted by the Office of State Courts Administrator. A
  6  preliminary report is to be submitted to the legislature by
    October 1, 2003 and a final report by October 1, 2004.
  7
    Provides for the expiration of the pilot program June 30, 2005
  8  unless continued by the legislature.

  9  Places the Office of Counsel for Children in the Department of
    Legal Affairs for budget purposes only. Stipulates that the
10  office will prepare its budget and will not be under the
    control, supervision or direction of the Department of Legal
11  Affairs.

12  Adds 42 U.S.C. 675 of Title IV-E to the requirements with
    which the Florida case plans must comply.
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    Provides specific direction for the appointment of children to
14  the Office of Counsel for Children.

15  Clarifies the privileges being applied to the Office of
    Counsel for Children as those provided in law to legal
16  representation. References to applying confidentiality to the
    records of the office is eliminated
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