Senate Bill sb0288

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    Florida Senate - 2002                                   SB 288

    By Senator Campbell





    33-132-02

  1                      A bill to be entitled

  2         An act relating to children; amending s.

  3         39.013, F.S.; providing that time limitations

  4         under ch. 39, F.S., do not include continuances

  5         requested by any party; providing limitations

  6         on continuances; amending s. 39.402, F.S.;

  7         providing that time limitations governing

  8         placement of a child in a shelter do not

  9         include continuances requested by any party;

10         providing limitations on continuances; amending

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

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

13         placement in a shelter; amending s. 39.601,

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

15         requiring the department to adopt rules

16         governing the content and format of case plans;

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

18         criteria in case plans when parents do not

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

20         care; providing an effective date.

21

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

23

24         Section 1.  Subsection (10) of section 39.013, Florida

25  Statutes, is amended to read:

26         39.013  Procedures and jurisdiction; right to

27  counsel.--

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

29  include:

30         (a)  Periods of delay resulting from a continuance

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

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    Florida Senate - 2002                                   SB 288
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  1  counsel or the child's guardian ad litem, if one has been

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

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

  4  the consent of the child.

  5         (b)  Periods of delay resulting from a continuance

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

  7  department or petitioner, if the continuance is granted:

  8         1.  Because of an unavailability of evidence material

  9  to the case when the requesting party attorney for the

10  department or petitioner has exercised due diligence to obtain

11  such evidence and there are substantial grounds to believe

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

13  if the requesting party department or petitioner is not

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

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

16  court on its own motion may impose appropriate sanctions,

17  which may include dismissal of the petition.

18         2.  To allow the attorney for the department or

19  petitioner additional time to prepare the case and additional

20  time is justified because of an exceptional circumstance.

21         (c)  Reasonable periods of delay necessary to

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

23  however, the petitioner shall continue regular efforts to

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

25         (d)  Reasonable periods of delay resulting from a

26  continuance granted at the request of the parent or legal

27  custodian of a subject child.

28         (e)  Notwithstanding the foregoing, continuances and

29  extensions of time are limited to the number of days

30  absolutely necessary to complete a necessary task in order to

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

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

  2  dependent children in conducting dependency proceedings in

  3  accordance with the time limitations set forth in this

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

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

  6  party in advance of the particular circumstances or need

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

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

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

10  during dependency proceedings except under extraordinary

11  circumstances necessary to preserve the constitutional rights

12  of a party or when substantial evidence demonstrates that the

13  child's best interests will be affirmatively harmed without

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

15  continuance or extension of time granted under this subsection

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

17  the circumstances.

18         Section 2.  Subsections (14) and (16) of section

19  39.402, Florida Statutes, are amended to read:

20         39.402  Placement in a shelter.--

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

22  include:

23         (a)  Periods of delay resulting from a continuance

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

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

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

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

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

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

30

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  1         (b)  Periods of delay resulting from a continuance

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

  3  department, if the continuance is granted:

  4         1.  Because of an unavailability of evidence material

  5  to the case when the requesting party attorney for the

  6  department has exercised due diligence to obtain such evidence

  7  and there are substantial grounds to believe that such

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

  9  requesting party department is not prepared to proceed present

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

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

12  its own motion may impose appropriate sanctions, which may

13  include dismissal of the petition.

14         2.  To allow the attorney for the department additional

15  time to prepare the case and additional time is justified

16  because of an exceptional circumstance.

17         (c)  Reasonable periods of delay necessary to

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

19  legal custodians; however, the petitioner shall continue

20  regular efforts to provide notice to the parents or legal

21  custodians during such periods of delay.

22         (d)  Reasonable periods of delay resulting from a

23  continuance granted at the request of the parent or legal

24  custodian of a subject child.

25         (e)  Notwithstanding the foregoing, continuances and

26  extensions of time are limited to the number of days

27  absolutely necessary to complete a necessary task in order to

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

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

30  dependent children in conducting dependency proceedings in

31  accordance with the time limitations set forth in this

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

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

  3  party in advance of the particular circumstances or need

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

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

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

  7  during dependency proceedings except under extraordinary

  8  circumstances necessary to preserve the constitutional rights

  9  of a party or when substantial evidence demonstrates that the

10  child's best interests will be affirmatively harmed without

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

12  continuance or extension of time granted under this subsection

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

14  the circumstances.

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

16  shall notify all parties in writing of the next scheduled

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

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

19  shelter status, in conjunction with the arraignment hearing,

20  and at such times as are otherwise provided by law or

21  determined by the court to be necessary and every 15 days

22  thereafter until the child is released from shelter status.

23         Section 3.  Subsection (8) of section 39.506, Florida

24  Statutes, is amended to read:

25         39.506  Arraignment hearings.--

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

27  15 days thereafter until the child is returned home or a

28  disposition hearing has been conducted, the court shall review

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

30  shelter. The court shall also make a written determination

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

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  1  hours after any violation of the time requirements for the

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

  3  continuance as specified in subsection (5).

  4         Section 4.  Subsections (2) and (3) of section 39.601,

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

  6  that section to read:

  7         39.601  Case plan requirements.--

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

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

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

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

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

13  and must include, in addition to the requirements in

14  subsection (1), at a minimum:

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

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

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

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

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

20  child specifically addressing the identified problem,

21  including:

22         1.  Type of services or treatment.

23         2.  Frequency of services or treatment. <

24         3.  Location of the delivery of the services.

25         4.  The accountable department staff or service

26  provider.

27         (c)  A description of the measurable objectives,

28  including timeframes for achieving objectives, addressing the

29  identified problem.

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

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

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    Florida Senate - 2002                                   SB 288
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  1  court, for approval by the court, at least 72 hours prior to

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

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

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

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

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

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

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

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

10  custodian, may be made concurrently with reasonable efforts to

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

12  for the child to return safely home.

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

14  in which the child is to be placed.

15         (c)  A description of the financial support obligation

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

17  parents.

18         (d)  A description of the visitation rights and

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

20  care.

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

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

23  the least restrictive and most family-like setting available

24  consistent with the best interest and special needs of the

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

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

27  parents or legal custodians in the development of the services

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

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

30  services while under the jurisdiction of the court and

31  implementation of these services in the case plan.

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

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

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

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

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

  6  federal regulations.

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

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

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

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

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

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

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

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

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

16  appropriateness of the services.

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

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

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

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

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

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

23  expected to receive.

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

25  parent to substantially comply with the case plan may result

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

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

28  petition for termination of parental rights sooner than the

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

30  staffing committee shall coordinate its efforts with the child

31  protection team of the Department of Health.

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

  2  plan is adoption or placement in another permanent home,

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

  4  adoptive family or other permanent living arrangement for the

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

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

  7  planned permanent living arrangement, and to finalize the

  8  adoption, legal guardianship, or long-term custodial

  9  relationship. At a minimum, such documentation shall include

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

11  regional, and national adoption exchanges, including

12  electronic exchange systems.

13         (11)  The department shall adopt rules governing the

14  content and format of case plans and establishing procedures

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

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

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

18  as amended.

19         Section 5.  Section 39.602, Florida Statutes, is

20  amended to read:

21         39.602  Case planning when parents do not participate

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

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

24  participate in preparation of a case plan, the department

25  shall submit a full explanation of the circumstances and state

26  the nature of its efforts to secure such persons'

27  participation in the preparation of a case plan.

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

29  mental condition or physical location of the parent is the

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

31  the department to provide substantial evidence to the court

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  1  that such condition or location has rendered the parent unable

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

  3  either pro se or through counsel. The supporting documentation

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

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

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

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

  8  the provisions of the plan and for accomplishing permanence

  9  for the child.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

26  substantially comply with a plan may result in termination of

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

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

29  with the court.

30         Section 6.  This act shall take effect July 1, 2002.

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  2                          SENATE SUMMARY

  3    Amends various sections of ch. 39, F.S., relating to
      procedures for out-of-home placement of a child. Provides
  4    that the provisions of ch. 39, F.S., relating to time
      limitations do not include continuances requested by any
  5    party. Specifies additional limitations. Deletes a
      requirement for a court's continued review of a child's
  6    placement in a shelter. Modifies case-plan requirements.
      Requires the department to adopt rules governing case
  7    plans. Eliminates certain criteria in case plans when
      parents do not participate and the child is in
  8    out-of-home care. Requires a report to the Governor and
      the Legislature. Requires the office to evaluate the
  9    pilot program.

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