House Bill hb0511c2

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    Florida House of Representatives - 2002           CS/CS/HB 511

        By the Council for Healthy Communities and 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.

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

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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.

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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 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, inclusive of the parent or legal custodian, the parent

12  may move for issuance of an order to show cause or the court

13  on its own motion may impose appropriate sanctions, which may

14  include dismissal of the petition.

15         2.  To allow the requesting party attorney for the

16  department or petitioner additional time to prepare the case

17  and additional time is justified because of an exceptional

18  circumstance.

19         (c)  Reasonable periods of delay necessary to

20  accomplish notice of the hearing to the child's parent or

21  legal custodian parents; however, the petitioner shall

22  continue regular efforts to provide notice to the parents

23  during such periods of delay.

24         (d)  Reasonable periods of delay resulting from a

25  continuance granted at the request of the parent or legal

26  custodian of a subject child.

27         (e)  Notwithstanding the foregoing, continuances and

28  extensions of time are limited to the number of days

29  absolutely necessary to complete a necessary task in order to

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

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

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    Florida House of Representatives - 2002           CS/CS/HB 511

    404-156-02






  1  dependent children in conducting dependency proceedings in

  2  accordance with the time limitations set forth in this

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

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

  5  party in advance of the particular circumstances or need

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

  7         (f)  Continuances or extensions of time may not total

  8  more than 60 days for all parties within any 12-month period

  9  during proceedings under this chapter. A continuance or

10  extension of time beyond the 60 days may be granted only for

11  extraordinary circumstances necessary to preserve the

12  constitutional rights of a party or when substantial evidence

13  demonstrates that the child's best interests will be

14  affirmatively harmed without the granting of a continuance or

15  extension of time.

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

17  39.402, Florida Statutes, are amended to read:

18         39.402  Placement in a shelter.--

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

20  include:

21         (a)  Periods of delay resulting from a continuance

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

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

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

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

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

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

28         (b)  Periods of delay resulting from a continuance

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

30  department, if the continuance is granted:

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  1         1.  Because of an unavailability of evidence material

  2  to the case when the requesting party attorney for the

  3  department has exercised due diligence to obtain such evidence

  4  and there are substantial grounds to believe that such

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

  6  requesting party department is not prepared to proceed present

  7  its case within 30 days, any other party, inclusive of the

  8  parent or legal custodian, may move for issuance of an order

  9  to show cause or the court on its own motion may impose

10  appropriate sanctions, which may include dismissal of the

11  petition.

12         2.  To allow the requesting party attorney for the

13  department additional time to prepare the case and additional

14  time is justified because of an exceptional circumstance.

15         (c)  Reasonable periods of delay necessary to

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

17  legal custodians; however, the petitioner shall continue

18  regular efforts to provide notice to the parents or legal

19  custodians during such periods of delay.

20         (d)  Reasonable periods of delay resulting from a

21  continuance granted at the request of the parent or legal

22  custodian of a subject child.

23         (e)  Notwithstanding the foregoing, continuances and

24  extensions of time are limited to the number of days

25  absolutely necessary to complete a necessary task in order to

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

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

28  dependent children in conducting dependency proceedings in

29  accordance with the time limitations set forth in this

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

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

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    Florida House of Representatives - 2002           CS/CS/HB 511

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  1  party in advance of the particular circumstances or need

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

  3         (f)  Continuances or extensions of time may not total

  4  more than 60 days for all parties within any 12-month period

  5  during proceedings under this chapter. A continuance or

  6  extension of time beyond the 60 days may be granted only for

  7  extraordinary circumstances necessary to preserve the

  8  constitutional rights of a party or when substantial evidence

  9  demonstrates that the child's best interests will be

10  affirmatively harmed without the granting of a continuance or

11  extension of time.

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

13  shall notify all parties in writing of the next scheduled

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

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

16  shelter status, in conjunction with the arraignment hearing,

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

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

19  thereafter until the child is released from shelter status.

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

21  Statutes, is amended to read:

22         39.506  Arraignment hearings.--

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

24  15 days thereafter until the child is returned home or a

25  disposition hearing has been conducted, the court shall review

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

27  shelter. The court shall also make a written determination

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

29  hours after any violation of the time requirements for the

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

31  continuance as specified in subsection (5).

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

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