House Bill hb0549

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    Florida House of Representatives - 2001                 HB 549

        By Representative Gottlieb






  1                      A bill to be entitled

  2         An act relating to dependent children; creating

  3         s. 39.4087, F.S.; providing for the

  4         establishment of a pilot program for the

  5         representation of dependent children; providing

  6         legislative intent; providing responsibilities

  7         of the Statewide Public Guardianship Office;

  8         providing for contract with a public or private

  9         entity to establish the pilot program;

10         providing for measurable outcomes; providing

11         for a pilot program administrator; providing

12         for employment and training of attorneys;

13         providing for appointment of the pilot program

14         to represent children at shelter hearings;

15         providing for appointment of the guardian ad

16         litem program to represent the child's best

17         interests, under certain circumstances;

18         directing the Broward County sheriff's office

19         and the Department of Children and Family

20         Services to provide certain notices and

21         information to the pilot program administrator;

22         directing the Office of the State Courts

23         Administrator to evaluate the pilot program and

24         submit reports to the Legislature; requesting

25         the Supreme Court to adopt rules; providing

26         appropriations; providing an effective date.

27

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

29

30         Section 1.  Section 39.4087, Florida Statutes, is

31  created to read:

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    Florida House of Representatives - 2001                 HB 549

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  1         39.4087  Broward County pilot program; legal counsel

  2  for dependent children.--

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

  4  set forth in s. 39.4085, it is the intent of the Legislature

  5  that children who are maintained in state custody by court

  6  order under s. 39.402 receive competent legal representation.

  7         (2)  RESPONSIBILITIES.--

  8         (a)  The Legislature directs the Statewide Public

  9  Guardianship Office within the Department of Elderly Affairs

10  to adopt rules and procedures for the establishment of a

11  3-year pilot program to provide legal counsel for children in

12  Broward County.

13         (b)  The Statewide Public Guardianship Office shall

14  establish the pilot program by October 1, 2001. The office

15  shall contract with a private or public entity to establish

16  the pilot program. The private or public entity must have

17  appropriate expertise in representing the rights of children

18  who are the subject of dependency proceedings initiated under

19  this chapter. The private or public entity must also have

20  appropriate expertise in the related areas of children's

21  education, mental health, and development services. The office

22  shall identify measurable outcomes for the pilot program,

23  including, but not limited to, the impact of legal counsel for

24  children on child safety, improvements in the provision of

25  appropriate services, and the reduction of the time to

26  permanency for children in state care. The pilot program shall

27  be established and operate independently of any other state

28  agency responsible for the care of children taken into state

29  custody.

30         (c)  Administrative oversight of the pilot program

31  shall be conducted by an attorney designated by the

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    Florida House of Representatives - 2001                 HB 549

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  1  contracting private or public entity to be the pilot program

  2  administrator. The pilot program administrator must be a

  3  member in good standing of The Florida Bar and must have at

  4  least 5 years of experience in child advocacy, child welfare,

  5  or juvenile law. Administrative oversight of the pilot program

  6  shall be subject to the supervision of the Statewide Public

  7  Guardianship Office.

  8         (d)  The pilot program administrator, in conjunction

  9  with the Statewide Public Guardianship Office, shall develop a

10  training program for staff attorneys, which shall include, but

11  not be limited to, appropriate standards of practice for

12  attorneys representing children.

13         (e)  Within funds specifically appropriated for the

14  pilot program, the public or private contracting entity, in

15  conjunction with the Statewide Public Guardianship Office, is

16  authorized to employ the number of attorneys, as well as other

17  support personnel, needed to provide competent legal

18  representation for children who are the subject of dependency

19  proceedings under this chapter. An attorney providing

20  representation for children through the pilot program must be

21  a member in good standing of The Florida Bar. An attorney may

22  not provide legal representation for children through the

23  pilot program until he or she has successfully completed the

24  training program provided for in paragraph (d).

25         (f)  At the commencement of each shelter hearing

26  conducted pursuant to s. 39.402, the court shall appoint the

27  pilot program to represent the child who is the subject of the

28  proceedings. The pilot program administrator shall ensure that

29  an attorney from the program is present at each shelter

30  hearing. At the conclusion of the shelter hearing, if the

31  court orders that the child is to be continued in state

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  1  custody, the court shall also order that the pilot program

  2  continue its representation of the child. If the child is

  3  returned to the custody of the parent or placed in relative or

  4  nonrelative shelter care, the court shall allow the pilot

  5  program to withdraw as counsel for the child. Withdrawal by

  6  the pilot program at the conclusion of the shelter hearing

  7  does not preclude the court from reappointing the pilot

  8  program at any subsequent time in the proceedings if the child

  9  has been placed into state custody of if the court, based upon

10  specific findings of fact, finds that good cause exists to

11  reappoint the pilot program. If the court continues the

12  appointment of the pilot program at the shelter hearing or

13  reappoints the pilot program at a subsequent time in the

14  proceedings, the court must, pursuant to s. 39.822, appoint

15  the guardian ad litem program to represent the child's best

16  interests.

17         (g)  Upon the court's order continuing the pilot

18  program's representation of the child or reappointing the

19  program at a subsequent time in the proceedings, the pilot

20  program administrator shall designate an attorney within the

21  pilot program to represent the child. Once appointed, the

22  pilot program shall represent the child for the sole purpose

23  of any proceeding conducted pursuant to chapter 39, until the

24  pilot program is discharged by order of the court because

25  permanency for the child has been achieved or the court, based

26  upon specific findings of fact, finds that good cause exists

27  to terminate the representation. The child's attorney must in

28  all circumstances fulfill the same duties of advocacy,

29  loyalty, confidentiality, and competent representation that

30  are due an adult client.

31

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  1         (h)  Once the court continues the appointment of the

  2  pilot program at the conclusion of the shelter hearing or

  3  reappoints the program at a subsequent time, the Broward

  4  County sheriff's office and the Department of Children and

  5  Family Services shall provide to the pilot program

  6  administrator, at a minimum, the name of the child, the

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

  8  department's authorized agent, and contact information, copies

  9  of all notices sent to the parents or legal custodians of the

10  child, and copies of any other information or records in their

11  possession that pertain to the child. Additionally, the

12  Broward County sheriff's office, the Department of Children

13  and Family Services, Children's Legal Services of the Office

14  of the Attorney General, or any other entity providing legal

15  services to the department and other parties to the matter

16  shall ensure that all pleadings and documents filed with the

17  court shall be served on the pilot program.

18         (i)  The Office of the State Courts Administrator, in

19  conjunction with the pilot program, shall conduct research and

20  gather statistical information to evaluate the establishment,

21  operation, and impact of the pilot program in meeting the

22  legal needs of dependent children, including the achievement

23  of the measurable outcomes identified under paragraph (b). The

24  Office of the State Courts Administrator shall submit annual

25  reports to the Legislature by October 1, 2002, and by October

26  1, 2003, regarding its findings. The office shall submit a

27  final report by October 1, 2004, which shall include its

28  evaluation of the pilot program, findings on the feasibility

29  of a proposed statewide program, and recommendations, if any,

30  for the establishment, operation, and location of a statewide

31  program.

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  1         (3)  The Supreme Court is requested, by October 1,

  2  2001, to adopt rules of juvenile procedure which include the

  3  duties, responsibilities, and conduct of an attorney

  4  representing a child in dependency proceedings, consistent

  5  with the American Bar Association standards of practice for

  6  lawyers who represent children in abuse and neglect cases.

  7         Section 2.  (1)  There is hereby appropriated from the

  8  General Revenue Fund to the Statewide Public Guardianship

  9  Office within the Department of Elderly Affairs an amount

10  sufficient to establish and operate the pilot program as

11  described in s. 39.4087, Florida Statutes, in Broward County.

12         (2)  There is hereby appropriated from the General

13  Revenue Fund to the Office of the State Courts Administrator

14  an amount sufficient to ensure best interests representation

15  by the guardian ad litem program in Broward County and to

16  conduct the evaluation of the pilot program.

17         Section 3.  This act shall take effect July 1, 2001.

18

19            *****************************************

20                          HOUSE SUMMARY

21
      Directs the Statewide Public Guardianship Office within
22    the Department of Elderly Affairs, through contract with
      a private or public entity, to establish a 3-year pilot
23    program, in Broward County, for the representation of
      dependent children. Provides for a pilot program
24    administrator and for employment and training of staff
      attorneys. Provides for appointment of the pilot program
25    to represent children who are the subject of dependency
      hearings under ch. 39, F.S. Provides for appointment of
26    the guardian ad litem program to represent the child's
      best interests, under certain circumstances. Directs the
27    Broward County sheriff's office and the Department of
      Children and Family Services to provide relevant notices,
28    documents, records, and information to the pilot program
      administrator. Directs the Office of the State Courts
29    Administrator to evaluate the pilot program and provide
      reports to the Legislature. Requests the Supreme Court to
30    adopt rules of juvenile procedure relating to the
      responsibilities and conduct of attorneys representing
31    children in dependency proceedings. Provides
      appropriations.
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