House Bill hb0511c1

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    Florida House of Representatives - 2002              CS/HB 511

        By the Committee on Child & Family Security and
    Representatives Cusack and Lynn





  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; providing an effective

14         date.

15  

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

17  

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

19  Statutes, is amended to read:

20         39.013  Procedures and jurisdiction; right to

21  counsel.--

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

23  include:

24         (a)  Periods of delay resulting from a continuance

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

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

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

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

29  the consent of the child.

30  

31  

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    Florida House of Representatives - 2002              CS/HB 511

    602-167-02






  1         (b)  Periods of delay resulting from a continuance

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

  3  department or petitioner, 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 or petitioner has exercised due diligence to obtain

  7  such evidence and there are substantial grounds to believe

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

  9  if the requesting party department or petitioner is not

10  prepared to proceed present its case within 30 days, any other

11  party the parent may move for issuance of an order to show

12  cause or the court on its own motion may impose appropriate

13  sanctions, which may include dismissal of the petition.

14         2.  To allow the attorney for the department or

15  petitioner additional time to prepare the case and additional

16  time is justified because of an exceptional circumstance.

17         (c)  Reasonable periods of delay necessary to

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

19  however, the petitioner shall continue regular efforts to

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

21         (d)  Reasonable periods of delay resulting from a

22  continuance granted at the request of the parent or legal

23  custodian of a subject child.

24         (e)  Notwithstanding the foregoing, continuances and

25  extensions of time are limited to the number of days

26  absolutely necessary to complete a necessary task in order to

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

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

29  dependent children in conducting dependency proceedings in

30  accordance with the time limitations set forth in this

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

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    Florida House of Representatives - 2002              CS/HB 511

    602-167-02






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

  2  party in advance of the particular circumstances or need

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

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

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

  6  during dependency proceedings except under extraordinary

  7  circumstances necessary to preserve the constitutional rights

  8  of a party or when substantial evidence demonstrates that the

  9  child's best interests will be affirmatively harmed without

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

11  continuance or extension of time granted under this subsection

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

13  the circumstances.

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

15  39.402, Florida Statutes, are amended to read:

16         39.402  Placement in a shelter.--

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

18  include:

19         (a)  Periods of delay resulting from a continuance

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

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

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

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

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

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

26         (b)  Periods of delay resulting from a continuance

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

28  department, if the continuance is granted:

29         1.  Because of an unavailability of evidence material

30  to the case when the requesting party attorney for the

31  department has exercised due diligence to obtain such evidence

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    Florida House of Representatives - 2002              CS/HB 511

    602-167-02






  1  and there are substantial grounds to believe that such

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

  3  requesting party department is not prepared to proceed present

  4  its case within 30 days, any other party the parent or legal

  5  custodian may move for issuance of an order to show cause or

  6  the court on its own motion may impose appropriate sanctions,

  7  which may include dismissal of the petition.

  8         2.  To allow the attorney for the department additional

  9  time to prepare the case and additional time is justified

10  because of an exceptional circumstance.

11         (c)  Reasonable periods of delay necessary to

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

13  legal custodians; however, the petitioner shall continue

14  regular efforts to provide notice to the parents or legal

15  custodians during such periods of delay.

16         (d)  Reasonable periods of delay resulting from a

17  continuance granted at the request of the parent or legal

18  custodian of a subject child.

19         (e)  Notwithstanding the foregoing, continuances and

20  extensions of time are limited to the number of days

21  absolutely necessary to complete a necessary task in order to

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

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

24  dependent children in conducting dependency proceedings in

25  accordance with the time limitations set forth in this

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

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

28  party in advance of the particular circumstances or need

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

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

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

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    Florida House of Representatives - 2002              CS/HB 511

    602-167-02






  1  during dependency proceedings except under extraordinary

  2  circumstances necessary to preserve the constitutional rights

  3  of a party or when substantial evidence demonstrates that the

  4  child's best interests will be affirmatively harmed without

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

  6  continuance or extension of time granted under this subsection

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

  8  the circumstances.

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

10  shall notify all parties in writing of the next scheduled

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

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

13  shelter status, in conjunction with the arraignment hearing,

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

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

16  thereafter until the child is released from shelter status.

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

18  Statutes, is amended to read:

19         39.506  Arraignment hearings.--

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

21  15 days thereafter until the child is returned home or a

22  disposition hearing has been conducted, the court shall review

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

24  shelter. The court shall also make a written determination

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

26  hours after any violation of the time requirements for the

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

28  continuance as specified in subsection (5).

29         Section 4.  This act shall take effect July 1, 2002.

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