House Bill hb0629

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    Florida House of Representatives - 2002                 HB 629

        By Representative Lerner






  1                      A bill to be entitled

  2         An act relating to child advocacy; amending s.

  3         43.16, F.S.; creating the Office of Child

  4         Advocate; providing an additional duty of the

  5         Justice Administrative Commission to manage and

  6         direct the Office of Child Advocate; creating

  7         s. 43.165, F.S.; providing for the Office of

  8         Child Advocate; providing legislative intent;

  9         providing for the appointment and term of the

10         child advocate; providing for staff and

11         funding; providing for an annual report;

12         providing for duties; providing for access to

13         information; providing for the rights and

14         powers of the advocate; providing for

15         confidentiality; providing for indemnification;

16         providing for the transfer of the guardian ad

17         litem program from the Office of State Court

18         Administration to the Office of Child Advocate;

19         creating s. 63.406, F.S.; providing for the

20         award of reasonable fees and costs to the

21         guardian ad litem under certain circumstances;

22         providing an effective date.

23

24         WHEREAS, the Legislature finds that periodic reports

25  which include recommendations for changes in polices and

26  procedures to improve the health, safety, and welfare of

27  children would be helpful in order to timely influence the

28  public policy of this state and the Office of Child Advocate

29  should be created to serve as a centralized resource for

30  providing such information to the Legislature, and

31

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  1         WHEREAS, the Office of Child Advocate should be created

  2  to identify, receive, investigate, and seek resolution or

  3  referral of complaints made by or on behalf of children

  4  concerning any act, omission to act, practice, policy, or

  5  procedure of any agency or any contractor or agent of such

  6  agency that may adversely affect the health, safety, or

  7  welfare of children, and

  8         WHEREAS, while numerous agencies and citizen

  9  organizations are engaged in monitoring a wide range of

10  children services, there is a greater need for coordination of

11  monitoring efforts, for using resources to obtain information

12  most useful for achieving relevant local, state, and federal

13  requirements regarding children services, and for making the

14  information more accessible to those agencies and

15  organizations implementing children programs and projects, and

16         WHEREAS, it is the intent of the Legislature to

17  encourage the focusing of existing state agencies monitoring

18  and reporting activities necessary to focus on child welfare

19  in the State of Florida, NOW, THEREFORE,

20

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

22

23         Section 1.  Subsection (5) of section 43.16, Florida

24  Statutes, is amended to read:

25         43.16  Justice Administrative Commission; membership,

26  powers and duties.--

27         (5)  The duties of the commission shall include, but

28  not be limited to, the following:

29         (a)  The maintenance of a central state office for

30  administrative services and assistance when possible to and on

31  behalf of the state attorneys and public defenders of Florida,

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    Florida House of Representatives - 2002                 HB 629

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  1  the office of capital collateral representative of Florida,

  2  and the Judicial Qualifications Commission.

  3         (b)  Each state attorney and public defender and the

  4  Judicial Qualifications Commission shall continue to prepare

  5  necessary budgets, vouchers which represent valid claims for

  6  reimbursement by the state for authorized expenses, and other

  7  things incidental to the proper administrative operation of

  8  the office, such as revenue transmittals to the treasurer,

  9  automated systems plans, etc., but will forward same to the

10  commission for recording and submission to the proper state

11  officer.  However, when requested by a state attorney or a

12  public defender or the Judicial Qualifications Commission, the

13  commission will either assist in the preparation of budget

14  requests, voucher schedules, and other forms and reports or

15  accomplish the entire project involved.

16         (c)  The management and direction of the Office of

17  Child Advocate which is created within the commission.

18         Section 2.  Section 43.165, Florida Statutes, is

19  created to read:

20         43.165  Office of Child Advocate; legislative intent;

21  appointment to office; staff; funding; duties; powers;

22  confidentiality; indemnification from liability.--

23         (1)  Legislative intent.--It is the intent of the

24  Legislature through the creation of the Office of Child

25  Advocate and the enactment of this section to:

26         (a)  Provide that all children in the state shall be

27  ensured representation individually and as a class of their

28  best interests in child abuse and neglect proceedings.

29         (b)  Provide that the policies and programs created to

30  ensure their health, education, and welfare remain effective,

31  integrated, and serve the purpose for which created.

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  1         (c)  Recognize the need for a single point of

  2  accountability for children services. The Office of Child

  3  Advocate shall be operated to create an efficient and cohesive

  4  means to ensure the rest of the government works together in a

  5  cohesive manner and brings together the values of education

  6  and health to our state's children. This office shall

  7  strengthen the state's ability in protecting children and

  8  assure that the legislators are overseers of government

  9  programs involving children and ensure there is no other

10  agenda for the best interest of the state.

11         (2)  Appointment and term.--The Governor with the

12  advice and consent of the Senate shall appoint a member of The

13  Florida Bar who has been admitted to practice law for a least

14  3 years to fill the Office of Child Advocate, who shall be a

15  person qualified by training and experience to perform the

16  duties of the office. The appointment shall be made from a

17  list of at least three persons prepared and submitted by a

18  committee consisting of two attorneys appointed by The Florida

19  Bar; two judges appointed by the chief judge; one medical

20  doctor appointed by the Board of Medicine; one psychologist

21  appointed by the Board of Psychology; a House member appointed

22  by the Speaker of the House of Representatives; a Senate

23  member appointed by the President of the Senate; one social

24  worker appointed by the Board of Clinical Social Work,

25  Management and Family Therapy, and Mental Health Counseling;

26  one person appointed as a representative of private children's

27  agencies by the Governor; one person representing the general

28  public appointed by the Governor; and one person appointed by

29  the Secretary of Children and Family Services. The person

30  appointed child advocate shall hold office for a term of 2

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  1  years and shall continue to hold office until his or her

  2  successor is appointed and qualified.

  3         (3)  Staff; experts.--

  4         (a)  The child advocate may appoint such assistants as

  5  may be deemed necessary whose powers and duties shall be

  6  similar to those imposed upon the child advocate by law and

  7  such other staff as deemed necessary. The duties of the

  8  assistants and other staff members shall be performed under

  9  and by the advice and direction of the child advocate.

10         (b)  The Legislature shall annually appropriate such

11  sums as it may deem necessary for the payment of the salaries

12  of the staff and for the payment of office expenses and other

13  actual expenses incurred by the child advocate in the

14  performance of his or her duties; and the comptroller is

15  hereby authorized and directed to draw a warrant upon the

16  treasurer for the payment of such sum or sums or so much

17  thereof as may from time to time be required upon receipt by

18  him or her of proper vouchers approved by the child advocate.

19         (4)  Annual report.--The child advocate shall annually

20  submit to the Governor and the Legislature a detailed report

21  analyzing the work of his or her office and any

22  recommendations resulting therefrom.

23         (5)  Duties.--The child advocate shall perform the

24  following duties:

25         (a)  Ensure that each child in protective care,

26  custody, or treatment and, in proper cases any other person

27  interested in the child's welfare, is apprised of his or her

28  rights under this chapter and other applicable provisions of

29  the statutes;

30         (b)  Review periodically the procedures established by

31  the Department of Children and Family Services with a view

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  1  toward the rights of the children and to investigate in

  2  accordance with the established rules adopted by the child

  3  advocate, the circumstances relating to the death of any child

  4  who has received services from the department;

  5         (c)  Review complaints of persons and investigate those

  6  where it appears that a child may be in need of assistance

  7  from the child advocate;

  8         (d)  To periodically review the facilities and

  9  procedures of any and all institutions and/or residences,

10  public and private, where a juvenile has been placed by the

11  family court or the Department of Children and Family

12  Services;

13         (e)  To recommend changes in the procedures for dealing

14  with juvenile problems and in the systems for providing child

15  care and treatment;

16         (f)  To take all possible action, including, but not

17  limited to, programs of public education, legislative

18  advocacy, and formal legal action, to secure and ensure the

19  legal, civil, and special rights of children;

20         (g)  To provide training and technical assistance to

21  guardians ad litem and special advocates appointed by the

22  family court to represent children in proceedings before that

23  court; and

24         (h)  To review orders of the court relating to

25  juveniles with power to request reviews as required by the

26  best interest of the child.

27         (6)  Access to information.--The child advocate shall

28  have access to the following information:

29         (a)  The names of all children in protective services,

30  treatment, or other programs under the jurisdiction of the

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  1  Department of Children and Family Services for children and

  2  their families, and their location if in custody.

  3         (b)  All written reports of child abuse and neglect.

  4         (7)  Rights and powers of advocate.--The child advocate

  5  shall have the following rights and powers:

  6         (a)  To communicate privately by mail or orally with

  7  any child in treatment or under protective services;

  8         (b)  To have access, including the right to inspect,

  9  copy, and/or subpoena records held by the clerk of the court,

10  law enforcement agencies, and institutions, public or private,

11  and other agencies wherein, or persons with whom a particular

12  child has been either voluntarily or otherwise placed for

13  care, or has received treatment within or without the state;

14         (c)  To take whatever steps are appropriate to see that

15  persons are made aware of the services of the child advocate's

16  office, its purpose, and how it can be contacted;

17         (d)  To apply for and accept grants, gifts, and

18  bequests of funds from other states, federal and interstate

19  agencies, and independent authorities, and private firms,

20  individuals, and foundations, for the purpose of carrying out

21  his or her lawful responsibilities; and

22         (e)  To exercise the powers conferred upon a trustee.

23         (8)  Criminal injuries to children, additional

24  powers.--

25         (a)  The child advocate, or his or her designee, shall

26  have the power to commence in court a civil action against the

27  state on behalf of any child the custody of whom has been

28  assigned to any institution or agency under the control of the

29  Department of Children and Family Services or any other

30  private agency.

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  1         (b)  Any judgment for compensation or order for

  2  settlement of the claim for compensation entered by the court

  3  shall be considered as the estate of the child for whose

  4  benefit the judgment or order is entered, to be held by the

  5  office as guardian of such compensation, and shall be

  6  deposited into an account established by the office for the

  7  purposes of distributing such funds to such child in

  8  accordance with the plan adopted by the court.

  9         (9)  Confidentiality.--All records of the child

10  advocate pertaining to the care and treatment of a child shall

11  be confidential. Information contained in those records may

12  not be disclosed publicly in such manner as to identify

13  individuals, but records shall be available to persons

14  approved, upon application for good cause, by the family

15  court.

16         (10)  Indemnification.--The State of Florida shall

17  protect and hold harmless any attorney, director,

18  investigator, social worker, or other person employed by the

19  Office of the Child Advocate and/or any volunteer appointed by

20  the child advocate from financial loss and expense, including

21  legal fees and costs, if any, arising out of any claim,

22  demand, or suit for damages resulting from acts or omissions

23  committed in the discharge of his or her duties with the

24  program within the scope of his or her employment or

25  appointment which may constitute negligence but which acts are

26  not wanton, malicious, or grossly negligent as determined by a

27  court of competent jurisdiction.

28         Section 3.  Section 63.406, Florida Statutes, is

29  created to read:

30         63.406  Guardian ad litem; award of reasonable fees and

31  costs authorized.--In any action for dissolution of marriage,

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    Florida House of Representatives - 2002                 HB 629

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  1  paternity, modification, parental responsibility, custody, or

  2  visitation, if the court appoints a guardian ad litem, it may,

  3  from time to time, after considering the financial resources

  4  of the parties, award to the guardian ad litem and apportion

  5  between the parties a reasonable fee for his or her services

  6  and reimbursement for the reasonable costs expended in

  7  connection with his or her services as a guardian ad litem.

  8  The guardian ad litem may apply to the court for an award of

  9  reasonable fees and costs without the necessity of being

10  represented by an attorney. An application for fees or costs

11  by a guardian ad litem shall not require corroborating expert

12  testimony to support an award of fees or costs to the guardian

13  ad litem. In all cases, the court may order that the amount be

14  paid directly to the guardian ad litem, who may enforce the

15  order in that guardian ad litem's name.

16         Section 4.  The guardian ad litem program within the

17  Office of State Court Administration is transferred by a type

18  two transfer pursuant to s. 20.06(2), Florida Statutes, to the

19  Office of Child Advocate as described in s. 43.165, Florida

20  Statutes. The guardian ad litem program shall continue to

21  operate in all judicial circuits throughout the state with the

22  exception of the Orange County Circuit under the direction of

23  the Office of Child Advocate.

24         Section 5.  This act shall take effect July 1, 2002.

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26            *****************************************

27                          HOUSE SUMMARY

28
      Provides for the creation of the Office of Child Advocate
29    within the Justice Administrative Commission. Transfers
      the guardian ad litem program within the Office of State
30    Court Administration to the Office of Child Advocate.
      Authorizes the award of reasonable fees and costs to the
31    guardian ad litem under described circumstances. See bill
      for details.
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