Senate Bill sb0686c1
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Florida Senate - 2002 CS for SB 686
By the Committee on Judiciary; and Senator Burt
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1 A bill to be entitled
2 An act relating to legal proceedings involving
3 minor children; amending s. 25.388, F.S.;
4 including the public defenders' representation
5 of children as recipients of moneys from the
6 Family Courts Trust Funds; amending s. 27.51,
7 F.S.; requiring the public defender to provide
8 representation for a child in a proceeding
9 under ch. 39, F.S., and related proceedings;
10 requiring appointment as guardian ad litem and
11 the provision of best-interest representation
12 to the child; requiring petition to the court
13 to retain best-interest representation for a
14 child; amending s. 39.001, F.S.; requiring an
15 appointed public defender to participate in
16 revising the statewide plan to prevent abuse,
17 abandonment, and neglect of children; requiring
18 that the public defender's offices participate
19 in revising local plans; amending s. 39.01,
20 F.S.; redefining the term "party" to include,
21 under certain circumstances, a guardian ad
22 litem; limiting a child's right to file
23 documents; providing for notice to a party;
24 providing for excusing a child from appearing
25 in court; amending s. 39.202, F.S.; authorizing
26 access to records by the guardian ad litem and
27 the child; amending s. 39.302, F.S.; requiring
28 notification of the guardian ad litem or legal
29 counsel of reports of institutional child
30 abuse, neglect, or abandonment; amending s.
31 39.305, F.S.; providing for a public defender
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1 to participate in developing the model plan for
2 intervention and treatment in certain
3 sexual-abuse cases; amending s. 39.402, F.S.;
4 providing for notice of and representation for
5 a child at a shelter hearing; providing for
6 continuance of the hearing in order for the
7 child to obtain representation; amending s.
8 39.407, F.S.; authorizing legal counsel to
9 represent a child placed in residential
10 treatment; requiring that notice and
11 information regarding the child's treatment be
12 provided to the child's guardian ad litem and
13 legal counsel; amending s. 39.4085, F.S.;
14 requiring that the child, the guardian ad
15 litem, or legal counsel participate in
16 developing a case plan; providing for the right
17 of a child to be heard at all review hearings;
18 providing for appointment of a guardian ad
19 litem or legal counsel; repealing s. 39.4086,
20 F.S., relating to a pilot program for
21 appointing attorneys ad litem for dependent
22 children; amending s. 39.502, F.S.; providing
23 for notice and service of process on legal
24 counsel or guardian ad litem; amending s.
25 39.504, F.S.; authorizing the child's guardian
26 ad litem or attorney to file for an injunction
27 to prevent child abuse or an unlawful sexual
28 offense; amending s. 39.505, F.S.; specifying
29 that the guardian ad litem need not file an
30 answer to a petition or pleading; amending s.
31 39.510, F.S.; authorizing the representative of
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1 a party to appeal a court order; amending s.
2 39.521, F.S.; requiring that a case plan and
3 certain reports be provided to specified
4 parties; limiting discharge of a guardian ad
5 litem or legal counsel unless other
6 representation is provided to a child; amending
7 s. 39.701, F.S.; authorizing the court to
8 dismiss a child from a judicial review hearing;
9 requiring that notice be provided to the child
10 and legal counsel; requiring service of reports
11 on specified parties; requiring the court to
12 determine whether a child needs a guardian ad
13 litem or attorney; authorizing the court to
14 determine whether a child's placement is
15 appropriate; amending s. 39.801, F.S.;
16 requiring that notice of a petition be served
17 on a child; exempting a child's legal counsel
18 from payment of fees for service of process or
19 other papers; amending s. 39.802, F.S.;
20 providing for a child through legal counsel to
21 file a petition for termination of parental
22 rights; amending s. 39.805, F.S.; providing
23 that a guardian ad litem need not file an
24 answer; amending s. 39.806, F.S.; providing
25 requirements for a child in filing a petition
26 for termination of parental rights; amending s.
27 39.807, F.S.; providing requirements for the
28 representation provided to a child by the
29 guardian ad litem or legal counsel; eliminating
30 provisions related to posting of a bond and
31 service on a guardian ad litem; amending s.
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1 39.808, F.S.; providing for appointment of
2 legal counsel following a petition to terminate
3 parental rights; amending s. 39.810, F.S.;
4 providing for the court to consider the
5 expressed interest of the child in a hearing on
6 a petition to terminate parental rights;
7 providing that the court must consider
8 information related to best-interest
9 requirements provided by a guardian ad litem;
10 amending s. 39.811, F.S.; requiring that the
11 court consider information provided by the
12 child or the guardian ad litem in determining
13 whether to retain jurisdiction over a dependent
14 child; amending s. 39.820, F.S.; amending the
15 definition of the term "guardian ad litem" to
16 eliminate references to the guardian ad litem
17 program; amending s. 39.821, F.S.; providing
18 qualifications for guardians ad litem and staff
19 members of the public defender providing
20 representation to children; amending s. 39.822,
21 F.S.; designating who may be a guardian ad
22 litem; requiring background checks of specified
23 guardians ad litem; creating s. 39.8225, F.S.;
24 providing powers and duties of a guardian ad
25 litem; requiring that a guardian ad litem
26 represent the child's best interest; requiring
27 that a guardian ad litem investigate
28 allegations in a pleading filed; providing
29 requirements for conducting an investigation;
30 requiring that the guardian ad litem and
31 attorney consult with the child; requiring a
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1 report; providing for attorney review of the
2 report and presentation to the court; requiring
3 that the court be informed of the expressed
4 interest of the child; authorizing the court to
5 issue a blanket order for the guardian ad litem
6 to obtain information; authorizing the guardian
7 ad litem to petition the court to issue orders;
8 providing for notice of written reports to all
9 parties; requiring that the guardian ad litem
10 file certain pleadings through counsel;
11 creating s. 39.84, F.S.; providing for
12 confidentiality; creating s. 39.86, F.S.;
13 providing immunity for a guardian ad litem and
14 a court-appointed psychologist; creating s.
15 39.8226, F.S.; providing for appointment of
16 legal counsel for a child; requiring that the
17 court determine capacity of a child before
18 appointing legal counsel; providing for
19 appointment of legal counsel when the public
20 defender is providing representation;
21 authorizing the public defender to petition for
22 appointment of counsel; amending s. 40.24,
23 F.S.; providing for payment for jurors to be
24 used to fund the representation of children in
25 a proceeding under ch. 39, F.S., and related
26 proceedings; amending s. 215.5601, F.S.;
27 providing for an appointed public defender
28 rather than the director of the guardian ad
29 litem program to be a member of the Lawton
30 Chiles Endowment Fund Advisory Council;
31 amending s. 985.308, F.S.; excluding the
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1 guardian ad litem program from the membership
2 of a sexual abuse intervention network;
3 providing an effective date.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Subsection (1) of section 25.388, Florida
8 Statutes, is amended to read:
9 25.388 Family Courts Trust Fund.--
10 (1)(a) The trust fund moneys in the Family Courts
11 Trust Fund, administered by the Supreme Court, shall be used
12 to implement family court plans in all judicial circuits of
13 this state.
14 (b) The Supreme Court, through the Office of the State
15 Courts Administrator, shall adopt a comprehensive plan for the
16 operation of the trust fund and the expenditure of any moneys
17 deposited into the trust fund. The plan shall provide for a
18 comprehensive integrated response to families in litigation,
19 including domestic violence matters, public defender's
20 representation of children in dependency proceedings guardian
21 ad litem programs, mediation programs, legal support,
22 training, automation, and other related costs incurred to
23 benefit the citizens of the state and the courts in relation
24 to family law cases. The trust fund shall be used to fund the
25 publication of the handbook created pursuant to s. 741.0306.
26 Section 2. Section 27.51, Florida Statutes, is amended
27 to read:
28 27.51 Duties of public defender.--
29 (1) The public defender shall represent, without
30 additional compensation, any person who is determined by the
31 court to be indigent as provided in s. 27.52 and who is:
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1 (a) Under arrest for, or is charged with, a felony;
2 (b) Under arrest for, or is charged with, a
3 misdemeanor, a violation of chapter 316 which is punishable by
4 imprisonment, criminal contempt, or a violation of a municipal
5 or county ordinance in the county court, unless the court,
6 prior to trial, files in the cause an order of no imprisonment
7 which states that the defendant will not be imprisoned if he
8 or she is convicted;
9 (c) Alleged to be a delinquent child pursuant to a
10 petition filed before a circuit court; or
11 (d) Sought by petition filed in such court to be
12 involuntarily placed as a mentally ill person or sexually
13 violent predator or involuntarily admitted to residential
14 services as a person with developmental disabilities. However,
15 a public defender does not have the authority to represent any
16 person who is a plaintiff in a civil action brought under the
17 Florida Rules of Civil Procedure, the Federal Rules of Civil
18 Procedure, or the federal statutes, or who is a petitioner in
19 an administrative proceeding challenging a rule under chapter
20 120, unless specifically authorized by statute; or.
21 (e) A child who is a party in a proceeding under
22 chapter 39.
23 (2) The court may not appoint the public defender to
24 represent, even on a temporary basis, any person who is not
25 indigent. The court, however, may appoint private counsel in
26 capital cases as provided in s. 925.035.
27 (3) Each public defender shall serve on a full-time
28 basis and is prohibited from engaging in the private practice
29 of law while holding office. Assistant public defenders shall
30 give priority and preference to their duties as assistant
31
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1 public defenders and shall not otherwise engage in the
2 practice of criminal law.
3 (4) The public defender for a judicial circuit
4 enumerated in this subsection shall, after the record on
5 appeal is transmitted to the appellate court by the office of
6 the public defender which handled the trial and if requested
7 by any public defender within the indicated appellate
8 district, handle all felony appeals to the state and federal
9 courts required of the official making such request:
10 (a) Public defender of the second judicial circuit, on
11 behalf of any public defender within the district comprising
12 the First District Court of Appeal.
13 (b) Public defender of the tenth judicial circuit, on
14 behalf of any public defender within the district comprising
15 the Second District Court of Appeal.
16 (c) Public defender of the eleventh judicial circuit,
17 on behalf of any public defender within the district
18 comprising the Third District Court of Appeal.
19 (d) Public defender of the fifteenth judicial circuit,
20 on behalf of any public defender within the district
21 comprising the Fourth District Court of Appeal.
22 (e) Public defender of the seventh judicial circuit,
23 on behalf of any public defender within the district
24 comprising the Fifth District Court of Appeal.
25 (5) When the public defender for a judicial circuit
26 enumerated in subsection (4) has represented at trial a person
27 sentenced to death, the public defender shall not represent
28 that person in any direct appellate proceedings. That public
29 defender shall notify the Florida Supreme Court within 10 days
30 after filing a notice of appeal, and the Court shall appoint
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1 another public defender enumerated in subsection (4) to
2 represent the person in any direct appellate proceedings.
3 (6)(a) When direct appellate proceedings prosecuted by
4 a public defender on behalf of an accused and challenging a
5 judgment of conviction and sentence of death terminate in an
6 affirmance of such conviction and sentence, whether by the
7 Florida Supreme Court or by the United States Supreme Court or
8 by expiration of any deadline for filing such appeal in a
9 state or federal court, the public defender shall notify the
10 accused of his or her rights pursuant to Rule 3.850, Florida
11 Rules of Criminal Procedure, including any time limits
12 pertinent thereto, and shall advise such person that
13 representation in any collateral proceedings is the
14 responsibility of the capital collateral representative. The
15 public defender shall then forward all original files on the
16 matter to the capital collateral representative, retaining
17 such copies for his or her files as may be desired. However,
18 the trial court shall retain the power to appoint the public
19 defender or other attorney not employed by the capital
20 collateral representative to represent such person in
21 proceedings for relief by executive clemency pursuant to s.
22 925.035.
23 (b) It is the intent of the Legislature that any
24 public defender representing an inmate in any collateral
25 proceedings in any court on June 24, 1985, shall continue
26 representation of that inmate in all postconviction
27 proceedings unless relieved of responsibility from further
28 representation by the court.
29 (7) When representing a child who is a party in a
30 proceeding under chapter 39 the public defender's office shall
31 be appointed as the guardian ad litem for the child as defined
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1 in s. 39.820, and shall provide for representation of the best
2 interest of the child through a staff or volunteer lay
3 representative and an attorney who shall represent the child
4 as provided in s. 39.8225. The public defender may also
5 represent the child in proceedings related to collateral
6 issues such as education, medical treatment or testing, or
7 other treatment of the child who is a party in a proceeding
8 under chapter 39. However, the public defender must petition
9 the court for legal representation of the expressed interest
10 of the child as provided in s. 39.8226(3) and may petition the
11 court for legal representation as provided in s. 39.8226(4).
12 (8)(7) A sum shall be appropriated to the public
13 defender of each judicial circuit enumerated in subsection (4)
14 for the employment of assistant public defenders and clerical
15 employees and the payment of expenses incurred in cases on
16 appeal.
17 Section 3. Paragraph (a) of subsection (7) of section
18 39.001, Florida Statutes, is amended to read:
19 39.001 Purposes and intent; personnel standards and
20 screening.--
21 (7) PLAN FOR COMPREHENSIVE APPROACH.--
22 (a) The department shall develop a state plan for the
23 prevention of abuse, abandonment, and neglect of children and
24 shall submit the plan to the Speaker of the House of
25 Representatives, the President of the Senate, and the Governor
26 no later than January 1, 1983. The Department of Education,
27 and the Division of Children's Medical Services Prevention and
28 Intervention of the Department of Health, and a public
29 defender appointed by the Governor shall participate and fully
30 cooperate in the development of the state plan at both the
31 state and local levels. Furthermore, appropriate local
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1 agencies and organizations shall be provided an opportunity to
2 participate in the development of the state plan at the local
3 level. Appropriate local groups and organizations shall
4 include, but not be limited to, community mental health
5 centers; public defenders guardian ad litem programs for
6 children under the circuit court; the school boards of the
7 local school districts; the Florida local advocacy councils;
8 private or public organizations or programs with recognized
9 expertise in working with children who are sexually abused,
10 physically abused, emotionally abused, abandoned, or neglected
11 and with expertise in working with the families of such
12 children; private or public programs or organizations with
13 expertise in maternal and infant health care;
14 multidisciplinary child protection teams; child day care
15 centers; and law enforcement agencies, and the circuit courts,
16 when guardian ad litem programs are not available in the local
17 area. The state plan to be provided to the Legislature and
18 the Governor shall include, as a minimum, the information
19 required of the various groups in paragraph (b).
20 Section 4. Subsection (51) of section 39.01, Florida
21 Statutes, is amended to read:
22 39.01 Definitions.--When used in this chapter, unless
23 the context otherwise requires:
24 (51) "Party" means the parent or parents of the child,
25 the petitioner, the department, the guardian ad litem as
26 defined in s. 39.820 or the representative of the guardian ad
27 litem program when the program has been appointed, and the
28 child. While the child is a party, he or she may file
29 documents in a proceeding under this chapter only through a
30 court-appointed attorney or guardian ad litem. If information
31 or notice must be provided to a party, service shall be made
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1 as provided in s. 39.502. The presence of the child may be
2 excused by order of the court when the child requests to be
3 excused presence would not be in the child's best interest.
4 Notice to the child and the presence of the child may be
5 excused by order of the court when the age, capacity, or other
6 condition of the child is such that the notice or the presence
7 of the child would be meaningless, physically dangerous, or
8 emotionally detrimental to the child.
9 Section 5. Paragraph (d) of subsection (2) and
10 subsection (5) of section 39.202, Florida Statutes, are
11 amended to read:
12 39.202 Confidentiality of reports and records in cases
13 of child abuse or neglect.--
14 (2) Access to such records, excluding the name of the
15 reporter which shall be released only as provided in
16 subsection (4), shall be granted only to the following
17 persons, officials, and agencies:
18 (d) The parent or legal custodian of any child who is
19 alleged to have been abused, abandoned, or neglected, and the
20 child, the guardian ad litem, and their attorneys. This access
21 shall be made available no later than 30 days after the
22 department receives the initial report of abuse, neglect, or
23 abandonment. However, any information otherwise made
24 confidential or exempt by law shall not be released pursuant
25 to this paragraph.
26 (5) All records and reports of the child protection
27 team of the Department of Health are confidential and exempt
28 from the provisions of ss. 119.07(1) and 456.057, and shall
29 not be disclosed, except, upon request, to the state
30 attorney;, law enforcement agencies;, the department;, and
31 necessary professionals, in furtherance of the treatment or
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1 additional evaluative needs of the child; to the child, the
2 guardian ad litem, and their attorneys; by order of the
3 court;, or to health plan payors, limited to that information
4 used for insurance reimbursement purposes.
5 Section 6. Present subsections (4), (5), and (6) of
6 section 39.302, Florida Statutes, are redesignated as
7 subsections (5), (6), and (7), respectively, and a new
8 subsection (4) is added to that section to read:
9 39.302 Protective investigations of institutional
10 child abuse, abandonment, or neglect.--
11 (4) Upon receipt of a report of institutional child
12 abuse, abandonment, or neglect as provided in subsection (1)
13 the department shall, within 24 hours, notify the guardian ad
14 litem or legal counsel for any child alleged to be abused,
15 abandoned, or neglected. Copies of the child-protective
16 investigation shall be provided to the guardian ad litem or
17 attorney immediately upon completion.
18 Section 7. Section 39.305, Florida Statutes, is
19 amended to read:
20 39.305 Intervention and treatment in sexual abuse
21 cases; model plan.--The department shall develop a model plan
22 for community intervention and treatment of intrafamily sexual
23 abuse in conjunction with the Department of Law Enforcement,
24 the Department of Health, the Department of Education, the
25 Attorney General, a public defender appointed by the Governor
26 the state Guardian Ad Litem Program, the Department of
27 Corrections, representatives of the judiciary, and
28 professionals and advocates from the mental health and child
29 welfare community.
30
31
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1 Section 8. Subsection (5) and paragraphs (b), (c), and
2 (e) of subsection (8) of section 39.402, Florida Statutes, are
3 amended to read:
4 39.402 Placement in a shelter.--
5 (5)(a) The parents or legal custodians of the child,
6 the child, and the child's guardian ad litem, if known, or the
7 public defender shall be given such notice as best ensures
8 their actual knowledge of the date, time, and location of the
9 shelter hearing. If the parents or legal custodians are
10 outside the jurisdiction of the court, are not known, or
11 cannot be located or refuse or evade service, they shall be
12 given such notice as best ensures their actual knowledge of
13 the date, time, and location of the shelter hearing. The
14 person providing or attempting to provide notice to the
15 parents or legal custodians, the child, and the child's
16 guardian ad litem, if known, or the public defender shall, if
17 the person's or entities to be provided notice parents or
18 legal custodians are not present at the hearing, advise the
19 court either in person or by sworn affidavit, of the attempts
20 made to provide notice and the results of those attempts.
21 (b) The parents or legal custodians, the child, and
22 the child's guardian ad litem, if known, or the public
23 defender shall be given written notice that:
24 1. They will be given an opportunity to be heard and
25 to present evidence at the shelter hearing; and
26 2. The parents They have the right to be represented
27 by counsel and the child has the right to counsel as provided
28 in s. 39.8226 or a guardian ad litem as provided in s.
29 39.8225., and,
30 a. If indigent, the parents have the right to be
31 represented by appointed counsel, at the shelter hearing and
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1 at each subsequent hearing or proceeding, pursuant to the
2 procedures set forth in s. 39.013.
3 b. If the child's parents and the child are indigent
4 or time or circumstances prevent obtaining a private guardian
5 ad litem or counsel, the public defender shall be appointed to
6 represent the child.
7 c. If the parents or legal custodians appear for the
8 shelter hearing without legal counsel, then, at their request,
9 the shelter hearing may be continued up to 72 hours to enable
10 the parents or legal custodians to consult legal counsel.
11 d. If the child appears for the shelter hearing
12 without a guardian ad litem, legal counsel, or representation
13 by the public defender, the shelter hearing may be continued
14 up to 72 hours to enable representation to be retained on
15 behalf of the child.
16 e. If a continuance is requested by the parents or
17 legal custodians, or on behalf of the child, the child shall
18 be continued in shelter care for the length of the
19 continuance, if granted by the court.
20 (8)
21 (b) The parents or legal custodians of the child, the
22 child, and the child's guardian ad litem, if known, or the
23 public defender shall be given such notice as best ensures
24 their actual knowledge of the time and place of the shelter
25 hearing. The failure to provide notice to a party or
26 participant does not invalidate an order placing a child in a
27 shelter if the court finds that the petitioner has made a good
28 faith effort to provide such notice. The court shall require
29 the parents or legal custodians present at the hearing to
30 provide to the court on the record the names, addresses, and
31
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1 relationships of all parents, prospective parents, and next of
2 kin of the child, so far as are known.
3 (c) At the shelter hearing, the court shall:
4 1. Appoint an attorney for the child pursuant to s.
5 39.8226 or a guardian ad litem to represent the best interest
6 of the child pursuant to s. 39.8225, unless the court finds
7 that such representation of the child is otherwise provided is
8 unnecessary;
9 2. Inform the parents or legal custodians of their
10 right to counsel to represent them at the shelter hearing and
11 at each subsequent hearing or proceeding, and the right of the
12 parents to appointed counsel, pursuant to the procedures set
13 forth in s. 39.013; and
14 3. Give the parents or legal custodians an opportunity
15 to be heard and to present evidence.
16 (e) At the shelter hearing, the department shall
17 provide the court and the child and either the child's
18 guardian ad litem, if known, or the public defender copies of
19 any available law enforcement, medical, or other professional
20 reports, and shall also provide copies of abuse hotline
21 reports pursuant to state and federal confidentiality
22 requirements.
23 Section 9. Subsection (5) of section 39.407, Florida
24 Statutes, is amended to read:
25 39.407 Medical, psychiatric, and psychological
26 examination and treatment of child; physical or mental
27 examination of parent or person requesting custody of child.--
28 (5) Children who are in the legal custody of the
29 department may be placed by the department in a residential
30 treatment center licensed under s. 394.875 or a hospital
31 licensed under chapter 395 for residential mental health
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1 treatment only pursuant to this section or may be placed by
2 the court in accordance with an order of involuntary
3 examination or involuntary placement entered pursuant to s.
4 394.463 or s. 394.467. All children placed in a residential
5 treatment program under this subsection must have a guardian
6 ad litem or legal counsel appointed.
7 (a) As used in this subsection, the term:
8 1. "Residential treatment" means placement for
9 observation, diagnosis, or treatment of an emotional
10 disturbance in a residential treatment center licensed under
11 s. 394.875 or a hospital licensed under chapter 395.
12 2. "Least restrictive alternative" means the treatment
13 and conditions of treatment that, separately and in
14 combination, are no more intrusive or restrictive of freedom
15 than reasonably necessary to achieve a substantial therapeutic
16 benefit or to protect the child or adolescent or others from
17 physical injury.
18 3. "Suitable for residential treatment" or
19 "suitability" means a determination concerning a child or
20 adolescent with an emotional disturbance as defined in s.
21 394.492(5) or a serious emotional disturbance as defined in s.
22 394.492(6) that each of the following criteria is met:
23 a. The child requires residential treatment.
24 b. The child is in need of a residential treatment
25 program and is expected to benefit from mental health
26 treatment.
27 c. An appropriate, less restrictive alternative to
28 residential treatment is unavailable.
29 (b) Whenever the department believes that a child in
30 its legal custody is emotionally disturbed and may need
31 residential treatment, an examination and suitability
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1 assessment must be conducted by a qualified evaluator who is
2 appointed by the Agency for Health Care Administration. This
3 suitability assessment must be completed before the placement
4 of the child in a residential treatment center for emotionally
5 disturbed children and adolescents or a hospital. The
6 qualified evaluator must be a psychiatrist or a psychologist
7 licensed in Florida who has at least 3 years of experience in
8 the diagnosis and treatment of serious emotional disturbances
9 in children and adolescents and who has no actual or perceived
10 conflict of interest with any inpatient facility or
11 residential treatment center or program.
12 (c) Before a child is admitted under this subsection,
13 the child shall be assessed for suitability for residential
14 treatment by a qualified evaluator who has conducted a
15 personal examination and assessment of the child and has made
16 written findings that:
17 1. The child appears to have an emotional disturbance
18 serious enough to require residential treatment and is
19 reasonably likely to benefit from the treatment.
20 2. The child has been provided with a clinically
21 appropriate explanation of the nature and purpose of the
22 treatment.
23 3. All available modalities of treatment less
24 restrictive than residential treatment have been considered,
25 and a less restrictive alternative that would offer comparable
26 benefits to the child is unavailable.
27
28 A copy of the written findings of the evaluation and
29 suitability assessment must be provided to the department and
30 to the guardian ad litem or legal counsel, who shall have the
31 opportunity to discuss the findings with the evaluator.
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1 (d) Immediately upon placing a child in a residential
2 treatment program under this section, the department must
3 notify the guardian ad litem or legal counsel and the court
4 having jurisdiction over the child and must provide the
5 guardian ad litem or legal counsel and the court with a copy
6 of the assessment by the qualified evaluator.
7 (e) Within 10 days after the admission of a child to a
8 residential treatment program, the director of the residential
9 treatment program or the director's designee must ensure that
10 an individualized plan of treatment has been prepared by the
11 program and has been explained to the child, to the
12 department, and to the guardian ad litem or legal counsel, and
13 submitted to the department. The child must be involved in the
14 preparation of the plan to the maximum feasible extent
15 consistent with his or her ability to understand and
16 participate, and the guardian ad litem or legal counsel and
17 the child's foster parents must be involved to the maximum
18 extent consistent with the child's treatment needs. The plan
19 must include a preliminary plan for residential treatment and
20 aftercare upon completion of residential treatment. The plan
21 must include specific behavioral and emotional goals against
22 which the success of the residential treatment may be
23 measured. A copy of the plan must be provided to the child, to
24 the guardian ad litem or legal counsel, and to the department.
25 (f) Within 30 days after admission, the residential
26 treatment program must review the appropriateness and
27 suitability of the child's placement in the program. The
28 residential treatment program must determine whether the child
29 is receiving benefit towards the treatment goals and whether
30 the child could be treated in a less restrictive treatment
31 program. The residential treatment program shall prepare a
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1 written report of its findings and submit the report to the
2 guardian ad litem or legal counsel and to the department. The
3 department must submit the report to the court. The report
4 must include a discharge plan for the child. The residential
5 treatment program must continue to evaluate the child's
6 treatment progress every 30 days thereafter and must include
7 its findings in a written report submitted to the guardian ad
8 litem or legal counsel and the department. The department may
9 not reimburse a facility until the facility has submitted
10 every written report that is due.
11 (g)1. The department must submit, at the beginning of
12 each month, to the court having jurisdiction over the child
13 and to the guardian ad litem or legal counsel, a written
14 report regarding the child's progress towards achieving the
15 goals specified in the individualized plan of treatment.
16 2. The court must conduct a hearing to review the
17 status of the child's residential treatment plan no later than
18 3 months after the child's admission to the residential
19 treatment program. An independent review of the child's
20 progress towards achieving the goals and objectives of the
21 treatment plan must be completed by a qualified evaluator and
22 submitted to the court and to the guardian ad litem or legal
23 counsel before the court's its 3-month review.
24 3. For any child in residential treatment at the time
25 a judicial review is held pursuant to s. 39.701, the child's
26 continued placement in residential treatment must be a subject
27 of the judicial review.
28 4. If at any time the court determines that the child
29 is not suitable for continued residential treatment, the court
30 shall order the department to place the child in the least
31
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1 restrictive setting that is best suited to meet his or her
2 needs.
3 (h) After the initial 3-month review, the court must
4 conduct a review of the child's residential treatment plan
5 every 90 days.
6 (i) The department must adopt rules for implementing
7 timeframes for the completion of suitability assessments by
8 qualified evaluators and a procedure that includes timeframes
9 for completing the 3-month independent review by the qualified
10 evaluators of the child's progress towards achieving the goals
11 and objectives of the treatment plan which review must be
12 submitted to the court. The Agency for Health Care
13 Administration must adopt rules for the registration of
14 qualified evaluators, the procedure for selecting the
15 evaluators to conduct the reviews required under this section,
16 and a reasonable, cost-efficient fee schedule for qualified
17 evaluators.
18 Section 10. Subsections (11), (12), (19), (20), and
19 (21) of section 39.4085, Florida Statutes, are amended to
20 read:
21 39.4085 Legislative findings and declaration of intent
22 for goals for dependent children.--The Legislature finds and
23 declares that the design and delivery of child welfare
24 services should be directed by the principle that the health
25 and safety of children should be of paramount concern and,
26 therefore, establishes the following goals for children in
27 shelter or foster care:
28 (11) To be the subject of a plan developed by the
29 counselor and the shelter or foster caregiver with the child,
30 when the child is of an age or capacity to participate, and
31 the child's guardian ad litem and with their legal counsel to
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1 deal with identified behaviors that may present a risk to the
2 child or others.
3 (12) To be involved and incorporated, where
4 appropriate, and to have the child's guardian ad litem and the
5 legal counsel of the child and of the guardian ad litem
6 involved in the development of the case plan, to have a case
7 plan which will address their specific needs, and to object to
8 any of the provisions of the case plan.
9 (19) To be heard by the court, if appropriate, at all
10 review hearings, unless the child chooses not to be heard or
11 because of age, capacity, or other condition of the child, the
12 court determines it would be meaningless, physically
13 dangerous, or emotionally detrimental to the child.
14 (20) To have a guardian ad litem appointed to
15 represent, within reason, their best interests and, as
16 provided in s. 39.8226 where appropriate, legal counsel an
17 attorney ad litem appointed to represent their expressed legal
18 interests; the guardian ad litem and legal counsel attorney ad
19 litem shall have immediate and unlimited access to the
20 children they represent.
21 (21) To have all their records available for review by
22 their guardian ad litem and legal counsel attorney ad litem if
23 they deem such review necessary.
24 Section 11. Section 39.4086, Florida Statutes, is
25 repealed.
26 Section 12. Section 39.502, Florida Statutes, is
27 amended to read:
28 39.502 Notice, process, and service.--
29 (1) Unless parental rights have been terminated, all
30 parents must be notified of all proceedings or hearings
31 involving the child. Notice in cases involving shelter
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1 hearings and hearings resulting from medical emergencies must
2 be that most likely to result in actual notice to the parents.
3 In all other dependency proceedings, notice must be provided
4 in accordance with subsections (4)-(9).
5 (2) Notice of all proceedings or hearings involving
6 the child and all documents and reports related to those
7 proceedings or required to be given to the child shall be
8 served on or delivered to the child through the court
9 appointed representative for the child, either the guardian ad
10 litem or the child's or the guardian ad litem's legal counsel.
11 If the court has not appointed a representative for the child,
12 service or delivery shall be made to the child unless the
13 court determines that, because of age, capacity, or other
14 condition of the child, it would be meaningless or emotionally
15 detrimental to the child.
16 (3)(2) Personal appearance of any person in a hearing
17 before the court obviates the necessity of serving process on
18 that person.
19 (4)(3) Upon the filing of a petition containing
20 allegations of facts which, if true, would establish that the
21 child is a dependent child, and upon the request of the
22 petitioner, the clerk or deputy clerk shall issue a summons.
23 (5)(4) The summons shall require the person on whom it
24 is served to appear for a hearing at a time and place
25 specified, not less than 72 hours after service of the
26 summons. A copy of the petition shall be attached to the
27 summons.
28 (6)(5) The summons shall be directed to, and shall be
29 served upon, all parties other than the petitioner.
30 (7)(6) It is the duty of the petitioner or moving
31 party to notify all participants and parties known to the
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1 petitioner or moving party of all hearings subsequent to the
2 initial hearing unless notice is contained in prior court
3 orders and these orders were provided to the participant or
4 party. Proof of notice or provision of orders may be provided
5 by certified mail with a signed return receipt.
6 (8)(7) Service of the summons and service of
7 pleadings, papers, and notices subsequent to the summons on
8 persons outside this state must be made pursuant to s.
9 61.1312.
10 (9)(8) It is not necessary to the validity of a
11 proceeding covered by this part that the parents be present if
12 their identity or residence is unknown after a diligent search
13 has been made, but in this event the petitioner shall file an
14 affidavit of diligent search prepared by the person who made
15 the search and inquiry, and the court shall may appoint a
16 guardian ad litem or legal counsel for the child.
17 (10)(9) When an affidavit of diligent search has been
18 filed under subsection (8), the petitioner shall continue to
19 search for and attempt to serve the person sought until
20 excused from further search by the court. The petitioner shall
21 report on the results of the search at each court hearing
22 until the person is identified or located or further search is
23 excused by the court.
24 (11)(10) Service by publication shall not be required
25 for dependency hearings and the failure to serve a party or
26 give notice to a participant shall not affect the validity of
27 an order of adjudication or disposition if the court finds
28 that the petitioner has completed a diligent search for that
29 party.
30 (12)(11) Upon the application of a party or the
31 petitioner, the clerk or deputy clerk shall issue, and the
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1 court on its own motion may issue, subpoenas requiring
2 attendance and testimony of witnesses and production of
3 records, documents, and other tangible objects at any hearing.
4 (13)(12) All process and orders issued by the court
5 shall be served or executed as other process and orders of the
6 circuit court and, in addition, may be served or executed by
7 authorized agents of the department, or the guardian ad litem,
8 or legal counsel for the child.
9 (14)(13) Subpoenas may be served within the state by
10 any person over 18 years of age who is not a party to the
11 proceeding and, in addition, may be served by authorized
12 agents of the department, or the guardian ad litem, or legal
13 counsel for the child.
14 (15)(14) No fee shall be paid for service of any
15 process or other papers by an agent of the department, or the
16 guardian ad litem, or legal counsel for the child. If any
17 process, orders, or any other papers are served or executed by
18 any sheriff, the sheriff's fees shall be paid by the county.
19 (16)(15) A party who is identified as a person with
20 mental illness or with a developmental disability must be
21 informed by the court of the availability of advocacy services
22 through the department, the Association for Retarded Citizens,
23 or other appropriate mental health or developmental disability
24 advocacy groups and encouraged to seek such services.
25 (17)(16) If the party to whom an order is directed is
26 present or represented at the final hearing, service of the
27 order is not required.
28 (18)(17) The parent or legal custodian of the child,
29 the attorney for the department, the guardian ad litem, the
30 child, and all other parties and participants shall be given
31
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1 reasonable notice of all hearings provided for under this
2 part.
3 (19)(18) In all proceedings under this part, the court
4 shall provide to the parent or legal custodian of the child,
5 the child, and the child's guardian ad litem, at the
6 conclusion of any hearing, a written notice containing the
7 date of the next scheduled hearing. The court shall also
8 include the date of the next hearing in any order issued by
9 the court.
10 Section 13. Subsections (1) and (4) of section 39.504,
11 Florida Statutes, are amended to read:
12 39.504 Injunction pending disposition of petition;
13 penalty.--
14 (1)(a) When a petition for shelter placement or a
15 petition for dependency has been filed or when a child has
16 been taken into custody and reasonable cause, as defined in
17 paragraph (b), exists, the court, upon the request of the
18 department, a law enforcement officer, the state attorney, the
19 child through the guardian ad litem or legal counsel, or other
20 responsible person, or upon its own motion, may shall have the
21 authority to issue an injunction to prevent any act of child
22 abuse or any unlawful sexual offense involving a child.
23 (b) Reasonable cause for the issuance of an injunction
24 exists if there is evidence of child abuse or an unlawful
25 sexual offense involving a child or if there is a reasonable
26 likelihood of such abuse or offense occurring based upon a
27 recent overt act or failure to act.
28 (4) A copy of any injunction issued pursuant to this
29 section shall be delivered to the protected party, or a parent
30 or caregiver or individual acting in the place of a parent who
31 is not the respondent, the guardian ad litem, and to any law
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1 enforcement agency having jurisdiction to enforce such
2 injunction. Upon delivery of the injunction to the appropriate
3 law enforcement agency, the agency shall have the duty and
4 responsibility to enforce the injunction.
5 Section 14. Section 39.505, Florida Statutes, is
6 amended to read:
7 39.505 No answer required.--No answer to the petition
8 or any other pleading need be filed by any child, guardian ad
9 litem, parent, or legal custodian, but any matters that which
10 might be set forth in an answer or other pleading may be
11 pleaded orally before the court or filed in writing as any
12 such person may choose. Notwithstanding the filing of an
13 answer or any pleading, the respondent shall, prior to an
14 adjudicatory hearing, be advised by the court of the right to
15 counsel and shall be given an opportunity to deny the
16 allegations in the petition for dependency or to enter a plea
17 to allegations in the petition before the court.
18 Section 15. Subsection (1) of section 39.510, Florida
19 Statutes, is amended to read:
20 39.510 Appeal.--
21 (1) Any party to the proceeding who is affected by an
22 order of the court, who represents a party affected by an
23 order of the court, or the department may appeal to the
24 appropriate district court of appeal within the time and in
25 the manner prescribed by the Florida Rules of Appellate
26 Procedure. Appointed counsel shall be compensated as provided
27 in this chapter.
28 Section 16. Paragraphs (a) and (d) of subsection (1),
29 paragraph (b) of subsection (5), and subsection (8) of section
30 39.521, Florida Statutes, are amended to read:
31 39.521 Disposition hearings; powers of disposition.--
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1 (1) A disposition hearing shall be conducted by the
2 court, if the court finds that the facts alleged in the
3 petition for dependency were proven in the adjudicatory
4 hearing, or if the parents or legal custodians have consented
5 to the finding of dependency or admitted the allegations in
6 the petition, have failed to appear for the arraignment
7 hearing after proper notice, or have not been located despite
8 a diligent search having been conducted.
9 (a) A written case plan and a predisposition study
10 prepared by an authorized agent of the department must be
11 filed with the court and served upon the parents of the child,
12 provided to the child, representative of the guardian ad litem
13 program, if the program has been appointed, and provided to
14 all other parties, not less than 72 hours before the
15 disposition hearing. All such case plans must be approved by
16 the court. If the court does not approve the case plan at the
17 disposition hearing, the court must set a hearing within 30
18 days after the disposition hearing to review and approve the
19 case plan.
20 (d) The court shall, in its written order of
21 disposition, include all of the following:
22 1. The placement or custody of the child.
23 2. Special conditions of placement and visitation.
24 3. Evaluation, counseling, treatment activities, and
25 other actions to be taken by the parties, if ordered.
26 4. The persons or entities responsible for supervising
27 or monitoring services to the child and parent.
28 5. Continuation or discharge of the guardian ad litem
29 or legal counsel for the child, as appropriate. The guardian
30 ad litem or legal counsel for the child may not be discharged
31 pursuant to this section before termination of supervision by
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1 the department unless other legal representation is provided
2 for the child.
3 6. The date, time, and location of the next scheduled
4 review hearing, which must occur within the earlier of:
5 a. Ninety days after the disposition hearing;
6 b. Ninety days after the court accepts the case plan;
7 c. Six months after the date of the last review
8 hearing; or
9 d. Six months after the date of the child's removal
10 from his or her home, if no review hearing has been held since
11 the child's removal from the home.
12 7. If the child is in an out-of-home placement, child
13 support to be paid by the parents, or the guardian of the
14 child's estate if possessed of assets which under law may be
15 disbursed for the care, support, and maintenance of the child.
16 The court may exercise jurisdiction over all child support
17 matters, shall adjudicate the financial obligation, including
18 health insurance, of the child's parents or guardian, and
19 shall enforce the financial obligation as provided in chapter
20 61. The state's child support enforcement agency shall enforce
21 child support orders under this section in the same manner as
22 child support orders under chapter 61. Placement of the child
23 shall not be contingent upon issuance of a support order.
24 8.a. If the court does not commit the child to the
25 temporary legal custody of an adult relative, legal custodian,
26 or other adult approved by the court, the disposition order
27 shall include the reasons for such a decision and shall
28 include a determination as to whether diligent efforts were
29 made by the department to locate an adult relative, legal
30 custodian, or other adult willing to care for the child in
31
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1 order to present that placement option to the court instead of
2 placement with the department.
3 b. If diligent efforts are made to locate an adult
4 relative willing and able to care for the child but, because
5 no suitable relative is found, the child is placed with the
6 department or a legal custodian or other adult approved by the
7 court, both the department and the court shall consider
8 transferring temporary legal custody to an adult relative
9 approved by the court at a later date, but neither the
10 department nor the court is obligated to so place the child if
11 it is in the child's best interest to remain in the current
12 placement.
13
14 For the purposes of this subparagraph, "diligent efforts to
15 locate an adult relative" means a search similar to the
16 diligent search for a parent, but without the continuing
17 obligation to search after an initial adequate search is
18 completed.
19 9. Other requirements necessary to protect the health,
20 safety, and well-being of the child, to preserve the stability
21 of the child's educational placement, and to promote family
22 preservation or reunification whenever possible.
23 (5)
24 (b) The results of the assessment described in
25 paragraph (a) and the actions taken as a result of the
26 assessment must be included in the next judicial review of the
27 child. At each subsequent judicial review, the court must be
28 advised in writing of the status of the child's placement,
29 with special reference regarding the stability of the
30 placement and the permanency planning for the child. A copy of
31
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1 this report must be provided to the child and the child's
2 guardian ad litem prior to the judicial review.
3 (8) The court may enter an order ending its
4 jurisdiction over a child when a child has been returned to
5 the parents, except that provided the court may shall not
6 terminate its jurisdiction or the department's supervision
7 over the child until 6 months after the child's return. The
8 court shall determine whether its jurisdiction should be
9 continued or terminated in such a case after consideration of
10 based on a report of the department or agency, report of or
11 the child's guardian ad litem, or any testimony of the child,
12 and any other relevant factors; if its jurisdiction is to be
13 terminated, the court shall enter an order to that effect.
14 Section 17. Paragraph (a) of subsection (2), paragraph
15 (d) of subsection (5), paragraphs (b) and (c) of subsection
16 (6), subsection (7), and paragraphs (a) and (d) of subsection
17 (8) of section 39.701, Florida Statutes, are amended to read:
18 39.701 Judicial review.--
19 (2)(a) The court shall review the status of the child
20 and shall hold a hearing as provided in this part at least
21 every 6 months until the child reaches permanency status. The
22 court may dispense with the attendance of the child at the
23 hearing upon the child's request or when, based on the child's
24 age, capacity, or other condition, the court determines that
25 the child's attendance would be meaningless, physically
26 dangerous, or emotionally detrimental to the child. The court,
27 but may not dispense with the hearing or the presence of other
28 parties to the review unless before the review a hearing is
29 held before a citizen review panel.
30
31
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1 (5) Notice of a judicial review hearing or a citizen
2 review panel hearing, and a copy of the motion for judicial
3 review, if any, must be served by the clerk of the court upon:
4 (d) The child and guardian ad litem for the child, or
5 the representative of the guardian ad litem program if the
6 program has been appointed.
7
8 Service of notice is not required on any of the persons listed
9 in paragraphs (a)-(f) if the person was present at the
10 previous hearing during which the date, time, and location of
11 the hearing was announced.
12 (6)
13 (b) A copy of the social service agency's written
14 report and any the written report of the guardian ad litem
15 must be served on all parties whose whereabouts are known; to
16 the foster parents or legal custodians; to the child and the
17 guardian ad litem, unless the guardian ad litem prepared the
18 report; and to the citizen review panel, at least 72 hours
19 before the judicial review hearing or citizen review panel
20 hearing. The requirement for providing parents with a copy of
21 the written report does not apply to those parents who have
22 voluntarily surrendered their child for adoption or who have
23 had their parental rights to the child terminated.
24 (c) In a case in which the child has been permanently
25 placed with the social service agency, the agency shall
26 furnish to the court a written report concerning the progress
27 being made to place the child for adoption. If the child
28 cannot be placed for adoption, a report on the progress made
29 by the child towards alternative permanency goals or
30 placements, including, but not limited to, guardianship,
31 long-term custody, long-term licensed custody, or independent
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1 living, must be submitted to the court. The report must be
2 submitted to the court and all parties as provided in
3 paragraph (b) at least 72 hours before each scheduled judicial
4 review.
5 (7) The court and any citizen review panel shall take
6 into consideration the information contained in the social
7 services study and investigation and all medical,
8 psychological, and educational records that support the terms
9 of the case plan; testimony by the social services agency, the
10 parent, the foster parent or legal custodian, the child, the
11 guardian ad litem if one has been appointed for the child, and
12 any other person deemed appropriate; and any relevant and
13 material evidence submitted to the court, including written
14 and oral reports to the extent of their probative value. These
15 reports and evidence may be received by the court in its
16 effort to determine the action to be taken with regard to the
17 child and may be relied upon to the extent of their probative
18 value, even though not competent in an adjudicatory hearing.
19 In its deliberations, the court and any citizen review panel
20 shall seek to determine:
21 (a) If the parent was advised of the right to receive
22 assistance from any person or social service agency in the
23 preparation of the case plan.
24 (b) If the parent has been advised of the right to
25 have counsel present at the judicial review or citizen review
26 hearings. If not so advised, the court or citizen review panel
27 shall advise the parent of such right.
28 (c) If a guardian ad litem needs to be appointed for
29 the child in a case in which a guardian ad litem has not
30 previously been appointed or if there is a need to continue a
31
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1 guardian ad litem in a case in which a guardian ad litem has
2 been appointed.
3 (d) The compliance or lack of compliance of all
4 parties with applicable items of the case plan, including the
5 parents' compliance with child support orders.
6 (e) The compliance or lack of compliance with a
7 visitation contract between the parent and the social service
8 agency for contact with the child, including the frequency,
9 duration, and results of the parent-child visitation and the
10 reason for any noncompliance.
11 (f) The compliance or lack of compliance of the parent
12 in meeting specified financial obligations pertaining to the
13 care of the child, including the reason for failure to comply
14 if such is the case.
15 (g) The appropriateness of the child's current
16 placement, including whether the child is in a setting which
17 is as family-like and as close to the parent's home as
18 possible, consistent with the child's best interests and
19 special needs, and including maintaining stability in the
20 child's educational placement.
21 (h) A projected date likely for the child's return
22 home or other permanent placement.
23 (i) When appropriate, the basis for the unwillingness
24 or inability of the parent to become a party to a case plan.
25 The court and the citizen review panel shall determine if the
26 efforts of the social service agency to secure party
27 participation in a case plan were sufficient.
28 (8)(a) Based upon the criteria set forth in subsection
29 (7) and the recommended order of the citizen review panel, if
30 any, the court shall determine whether or not the social
31 service agency shall initiate proceedings to have a child
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1 declared a dependent child, return the child to the parent,
2 continue the child in out-of-home care for a specified period
3 of time, or initiate termination of parental rights
4 proceedings for subsequent placement in an adoptive home. The
5 court must determine whether a guardian ad litem or legal
6 counsel needs to be appointed for the child in a case in which
7 a guardian ad litem or legal counsel has not previously been
8 appointed or when there is a need to continue a guardian ad
9 litem or legal counsel in a case in which a guardian ad litem
10 or legal counsel has been appointed. The court may also
11 determine whether the current placement of the child is
12 appropriate to protect the child's safety; well-being; and
13 physical, mental, and emotional health. Modifications to the
14 plan must be handled as prescribed in s. 39.601. If the court
15 finds that the prevention or reunification efforts of the
16 department will allow the child to remain safely at home or be
17 safely returned to the home, the court shall allow the child
18 to remain in or return to the home after making a specific
19 finding of fact that the reasons for the creation of the case
20 plan have been remedied to the extent that the child's safety,
21 well-being, and physical, mental, and emotional health will
22 not be endangered.
23 (d) The court may extend the time limitation of the
24 case plan, or may modify the terms of the plan, based upon
25 information provided by the social service agency, the child,
26 and the guardian ad litem, if one has been appointed, the
27 parent or parents, and the foster parents or legal custodian,
28 and any other competent information on record demonstrating
29 the need for the amendment. If the court extends the time
30 limitation of the case plan, the court must make specific
31 findings concerning the frequency of past parent-child
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1 visitation, if any, and the court may authorize the expansion
2 or restriction of future visitation. Modifications to the plan
3 must be handled as prescribed in s. 39.601. Any extension of a
4 case plan must comply with the time requirements and other
5 requirements specified by this chapter.
6 Section 18. Paragraph (a) of subsection (3) and
7 subsections (5) and (7) of section 39.801, Florida Statutes,
8 are amended to read:
9 39.801 Procedures and jurisdiction; notice; service of
10 process.--
11 (3) Before the court may terminate parental rights, in
12 addition to the other requirements set forth in this part, the
13 following requirements must be met:
14 (a) Notice of the date, time, and place of the
15 advisory hearing for the petition to terminate parental rights
16 and a copy of the petition must be personally served upon the
17 following persons, specifically notifying them that a petition
18 has been filed:
19 1. The parents of the child.
20 2. The legal custodians of the child.
21 3. If the parents who would be entitled to notice are
22 dead or unknown, a living relative of the child, unless upon
23 diligent search and inquiry no such relative can be found.
24 4. Any person who has physical custody of the child.
25 5. Any grandparent entitled to priority for adoption
26 under s. 63.0425.
27 6. Any prospective parent who has been identified
28 under s. 39.503 or s. 39.803.
29 7. The child and the guardian ad litem for the child
30 or the representative of the guardian ad litem program, if the
31 program has been appointed.
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1
2 The document containing the notice to respond or appear must
3 contain, in type at least as large as the type in the balance
4 of the document, the following or substantially similar
5 language: "FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY
6 HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL
7 RIGHTS OF THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON
8 THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS
9 A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION
10 ATTACHED TO THIS NOTICE."
11 (5) All process and orders issued by the court must be
12 served or executed as other process and orders of the circuit
13 court and, in addition, may be served or executed by
14 authorized agents of the department, or the guardian ad litem,
15 or the child.
16 (7) A fee may not be paid for service of any process
17 or other papers by an agent of the department, or the guardian
18 ad litem, or the child's legal counsel. If any process,
19 orders, or other papers are served or executed by any sheriff,
20 the sheriff's fees must be paid by the county.
21 Section 19. Subsection (1) of section 39.802, Florida
22 Statutes, is amended to read:
23 39.802 Petition for termination of parental rights;
24 filing; elements.--
25 (1) All proceedings seeking an adjudication to
26 terminate parental rights pursuant to this chapter must be
27 initiated by the filing of an original petition by the
28 department, the child through legal counsel appointed pursuant
29 to s. 39.8226, the guardian ad litem, or any other person who
30 has knowledge of the facts alleged or is informed of them and
31 believes that they are true.
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1 Section 20. Section 39.805, Florida Statutes, is
2 amended to read:
3 39.805 No answer required.--No answer to the petition
4 or any other pleading need be filed by any child, guardian ad
5 litem, or parent, but any matters that which might be set
6 forth in an answer or other pleading may be pleaded orally
7 before the court or filed in writing as any such person may
8 choose. Notwithstanding the filing of any answer or any
9 pleading, the child or parent shall, prior to the adjudicatory
10 hearing, be advised by the court of the right to counsel and
11 shall be given an opportunity to deny the allegations in the
12 petition for termination of parental rights or to enter a plea
13 to allegations in the petition before the court.
14 Section 21. Subsection (1) of section 39.806, Florida
15 Statutes, is amended to read:
16 39.806 Grounds for termination of parental rights.--
17 (1) The department, the child through legal counsel
18 appointed pursuant to s. 39.8226, the guardian ad litem, or
19 any person who has knowledge of the facts alleged or who is
20 informed of those facts and believes that they are true may
21 petition for the termination of parental rights under any of
22 the following circumstances:
23 (a) When the parent or parents have voluntarily
24 executed a written surrender of the child and consented to the
25 entry of an order giving custody of the child to the
26 department for subsequent adoption and the department is
27 willing to accept custody of the child.
28 1. The surrender document must be executed before two
29 witnesses and a notary public or other person authorized to
30 take acknowledgments.
31
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1 2. The surrender and consent may be withdrawn after
2 acceptance by the department only after a finding by the court
3 that the surrender and consent were obtained by fraud or under
4 duress.
5 (b) Abandonment as defined in s. 39.01(1) or when the
6 identity or location of the parent or parents is unknown and
7 cannot be ascertained by diligent search within 60 days.
8 (c) When the parent or parents engaged in conduct
9 toward the child or toward other children that demonstrates
10 that the continuing involvement of the parent or parents in
11 the parent-child relationship threatens the life, safety,
12 well-being, or physical, mental, or emotional health of the
13 child irrespective of the provision of services. Provision of
14 services may be evidenced by proof that services were provided
15 through a previous plan or offered as a case plan from a child
16 welfare agency.
17 (d) When the parent of a child is incarcerated in a
18 state or federal correctional institution and either:
19 1. The period of time for which the parent is expected
20 to be incarcerated will constitute a substantial portion of
21 the period of time before the child will attain the age of 18
22 years;
23 2. The incarcerated parent has been determined by the
24 court to be a violent career criminal as defined in s.
25 775.084, a habitual violent felony offender as defined in s.
26 775.084, or a sexual predator as defined in s. 775.21; has
27 been convicted of first degree or second degree murder in
28 violation of s. 782.04 or a sexual battery that constitutes a
29 capital, life, or first degree felony violation of s. 794.011;
30 or has been convicted of an offense in another jurisdiction
31 which is substantially similar to one of the offenses listed
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1 in this paragraph. As used in this section, the term
2 "substantially similar offense" means any offense that is
3 substantially similar in elements and penalties to one of
4 those listed in this subparagraph, and that is in violation of
5 a law of any other jurisdiction, whether that of another
6 state, the District of Columbia, the United States or any
7 possession or territory thereof, or any foreign jurisdiction;
8 or
9 3. The court determines by clear and convincing
10 evidence that continuing the parental relationship with the
11 incarcerated parent would be harmful to the child and, for
12 this reason, that termination of the parental rights of the
13 incarcerated parent is in the best interest of the child.
14 (e) A petition for termination of parental rights may
15 also be filed when a child has been adjudicated dependent, a
16 case plan has been filed with the court, and the child
17 continues to be abused, neglected, or abandoned by the
18 parents. In this case, the failure of the parents to
19 substantially comply for a period of 12 months after an
20 adjudication of the child as a dependent child or the child's
21 placement into shelter care, whichever came first, constitutes
22 evidence of continuing abuse, neglect, or abandonment unless
23 the failure to substantially comply with the case plan was due
24 either to the lack of financial resources of the parents or to
25 the failure of the department to make reasonable efforts to
26 reunify the parent and child. Such 12-month period may begin
27 to run only after the child's placement into shelter care or
28 the entry of a disposition order placing the custody of the
29 child with the department or a person other than the parent
30 and the approval by the court of a case plan with a goal of
31 reunification with the parent, whichever came first.
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1 (f) When the parent or parents engaged in egregious
2 conduct or had the opportunity and capability to prevent and
3 knowingly failed to prevent egregious conduct that threatens
4 the life, safety, or physical, mental, or emotional health of
5 the child or the child's sibling.
6 1. As used in this subsection, the term "sibling"
7 means another child who resides with or is cared for by the
8 parent or parents regardless of whether the child is related
9 legally or by consanguinity.
10 2. As used in this subsection, the term "egregious
11 conduct" means abuse, abandonment, neglect, or any other
12 conduct of the parent or parents that is deplorable, flagrant,
13 or outrageous by a normal standard of conduct. Egregious
14 conduct may include an act or omission that occurred only once
15 but was of such intensity, magnitude, or severity as to
16 endanger the life of the child.
17 (g) When the parent or parents have subjected the
18 child to aggravated child abuse as defined in s. 827.03,
19 sexual battery or sexual abuse as defined in s. 39.01, or
20 chronic abuse.
21 (h) When the parent or parents have committed murder
22 or voluntary manslaughter of another child, or a felony
23 assault that results in serious bodily injury to the child or
24 another child, or aided or abetted, attempted, conspired, or
25 solicited to commit such a murder or voluntary manslaughter or
26 felony assault.
27 (i) When the parental rights of the parent to a
28 sibling have been terminated involuntarily.
29 Section 22. Subsection (2) of section 39.807, Florida
30 Statutes, is amended to read:
31 39.807 Right to counsel; guardian ad litem.--
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1 (2)(a) The court shall appoint a guardian ad litem or
2 legal counsel, or both, to represent the best interest of the
3 child in any proceedings for termination of parental rights
4 proceedings and shall ascertain at each stage of the
5 proceedings whether a guardian ad litem or legal counsel has
6 been appointed.
7 (b) A guardian ad litem shall represent the best
8 interest of the child as provided in s. 39.8225.
9 (c) Legal counsel for a child must be an attorney
10 appointed as provided in s. 39.8226.
11 (b) The guardian ad litem has the following
12 responsibilities:
13 1. To investigate the allegations of the petition and
14 any subsequent matters arising in the case and, unless excused
15 by the court, to file a written report. This report must
16 include a statement of the wishes of the child and the
17 recommendations of the guardian ad litem and must be provided
18 to all parties and the court at least 72 hours before the
19 disposition hearing.
20 2. To be present at all court hearings unless excused
21 by the court.
22 3. To represent the best interests of the child until
23 the jurisdiction of the court over the child terminates or
24 until excused by the court.
25 (c) A guardian ad litem is not required to post bond
26 but shall file an acceptance of the office.
27 (d) A guardian ad litem is entitled to receive service
28 of pleadings and papers as provided by the Florida Rules of
29 Juvenile Procedure.
30 (d)(e) This subsection does not apply to any voluntary
31 relinquishment of parental rights proceeding.
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1 Section 23. Subsection (2) of section 39.808, Florida
2 Statutes, is amended to read:
3 39.808 Advisory hearing; pretrial status conference.--
4 (2) At the hearing the court shall inform the parties
5 of their rights under s. 39.807, shall appoint counsel for the
6 parties in accordance with legal requirements, and shall
7 appoint a guardian ad litem or legal counsel to represent the
8 interests of the child if one has not already been appointed.
9 Section 24. Subsections (10) and (11) of section
10 39.810, Florida Statutes, are amended to read:
11 39.810 Manifest best interests of the child.--In a
12 hearing on a petition for termination of parental rights, the
13 court shall consider the manifest best interests of the child.
14 This consideration shall not include a comparison between the
15 attributes of the parents and those of any persons providing a
16 present or potential placement for the child. For the purpose
17 of determining the manifest best interests of the child, the
18 court shall consider and evaluate all relevant factors,
19 including, but not limited to:
20 (10) The expressed interests reasonable preferences
21 and wishes of the child, if the court deems the child to be of
22 sufficient intelligence, understanding, and experience to
23 express a preference.
24 (11) Any information related to subsections (1)
25 through (10) which is provided by the guardian ad litem and,
26 when requested by the court, any The recommendations for the
27 child provided by the child's guardian ad litem or legal
28 representative.
29 Section 25. Subsections (1) and (9) of section 39.811,
30 Florida Statutes, are amended to read:
31 39.811 Powers of disposition; order of disposition.--
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1 (1) If the court finds that the grounds for
2 termination of parental rights have not been established by
3 clear and convincing evidence, the court shall:
4 (a) If grounds for dependency have been established,
5 adjudicate or readjudicate the child dependent and:
6 1. Enter an order placing or continuing the child in
7 out-of-home care under a case plan; or
8 2. Enter an order returning the child to the parent or
9 parents. The court shall retain jurisdiction over a child
10 returned to the parent or parents for a period of 6 months,
11 but, at that time, based on a report of the social service
12 agency, information provided by the child and the guardian ad
13 litem, if appointed, and any other relevant factors, the court
14 shall make a determination as to whether its jurisdiction
15 shall continue or be terminated.
16 (b) If grounds for dependency have not been
17 established, dismiss the petition.
18 (9) After termination of parental rights, the court
19 shall retain jurisdiction over any child for whom custody is
20 given to a social service agency until the child is adopted.
21 The court shall review the status and, pursuant to s.
22 39.701(8)(a), the appropriateness of the child's placement and
23 the progress being made toward permanent adoptive placement.
24 As part of this continuing jurisdiction, for good cause shown
25 by the guardian ad litem for the child or by the child, the
26 court may review the appropriateness of the adoptive placement
27 of the child.
28 Section 26. Section 39.820, Florida Statutes, is
29 amended to read:
30 39.820 Definitions.--As used in the Florida Statutes
31 this part, the term:
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1 (1) "Guardian ad litem" as referred to in any civil or
2 criminal proceeding includes the following: a public defender
3 as represented by the staff or volunteers appointed by the
4 public defender to provide the best-interest representation to
5 the child, certified guardian ad litem program, a
6 court-appointed duly certified volunteer guardian ad litem, a
7 staff attorney, contract attorney, or certified pro bono
8 attorney working on behalf of a guardian ad litem or the
9 program; staff members of a program office; a court-appointed
10 attorney; or a responsible adult who is appointed by the court
11 to represent the best interests of a child in a proceeding as
12 provided for by law, including, but not limited to, this
13 chapter, who is a party to any judicial proceeding as a
14 representative of the child, and who serves until discharged
15 by the court.
16 (2) "Guardian advocate" means a person appointed by
17 the court to act on behalf of a drug dependent newborn
18 pursuant to the provisions of this part.
19 Section 27. Section 39.821, Florida Statutes, is
20 amended to read:
21 39.821 Qualifications of guardians ad litem.--
22 (1) Because of the special trust or responsibility
23 placed in a guardian ad litem and the staff of the public
24 defenders representing children in proceedings under chapter
25 39, the public defenders Guardian Ad Litem Program may use any
26 private funds collected by the program, or any state funds so
27 designated, to conduct a security background investigation
28 before certifying a volunteer or staff member to serve. A
29 security background investigation must include, but need not
30 be limited to, employment history checks, checks of
31 references, local criminal records checks through local law
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1 enforcement agencies, and statewide criminal records checks
2 through the Department of Law Enforcement. Upon request, an
3 employer shall furnish a copy of the personnel record for the
4 employee or former employee who is the subject of a security
5 background investigation conducted under this section. The
6 information contained in the personnel record may include, but
7 need not be limited to, disciplinary matters and the reason
8 why the employee was terminated from employment. An employer
9 who releases a personnel record for purposes of a security
10 background investigation is presumed to have acted in good
11 faith and is not liable for information contained in the
12 record without a showing that the employer maliciously
13 falsified the record. A security background investigation
14 conducted under this section must ensure that a person is not
15 certified as a guardian ad litem or hired as a staff member of
16 a public defender to represent children in proceedings under
17 chapter 39 if the person has been convicted of, regardless of
18 adjudication, or entered a plea of nolo contendere or guilty
19 to, any offense prohibited under the provisions of the Florida
20 Statutes specified in s. 435.04(2) or under any similar law in
21 another jurisdiction. Before certifying an applicant to serve
22 as a guardian ad litem or as a staff member of a public
23 defender to represent children in proceedings under chapter
24 39, the public defender chief judge of the circuit court may
25 request a federal criminal records check of the applicant
26 through the Federal Bureau of Investigation. In analyzing and
27 evaluating the information obtained in the security background
28 investigation, the office program must give particular
29 emphasis to past activities involving children, including, but
30 not limited to, child-related criminal offenses or child
31 abuse. The office program has the sole discretion in
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1 determining whether to certify a person based on his or her
2 security background investigation. The information collected
3 pursuant to the security background investigation is
4 confidential and exempt from s. 119.07(1).
5 (2) This section does not apply to a certified
6 guardian ad litem who was certified before October 1, 1995, an
7 attorney who is a member in good standing of The Florida Bar,
8 or a licensed professional who has undergone a comparable
9 security background investigation as a condition of licensure
10 within 5 years before of applying for certification as a
11 guardian ad litem or as a staff member of a public defender
12 representing children in proceedings under chapter 39.
13 (3) It is a misdemeanor of the first degree,
14 punishable as provided in s. 775.082 or s. 775.083, for any
15 person to willfully, knowingly, or intentionally fail, by
16 false statement, misrepresentation, impersonation, or other
17 fraudulent means, to disclose in any application for a
18 volunteer position or for paid employment with a public
19 defender to represent children in proceedings under chapter 39
20 the Guardian Ad Litem Program, any material fact used in
21 making a determination as to the applicant's qualifications
22 for such position.
23 Section 28. Section 39.822, Florida Statutes, is
24 amended to read:
25 39.822 Appointment of guardian ad litem for abused,
26 abandoned, or neglected child.--
27 (1) A guardian ad litem for a child must be a public
28 defender, must be an individual investigated by a public
29 defender and appointed by the court for one specific case, or
30 must be an attorney who is a member in good standing of The
31 Florida Bar. Before appointing an individual under this
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1 chapter, the court shall request the public defender to
2 conduct a security background investigation as provided in s.
3 39.821. A guardian ad litem who is not an attorney and who is
4 investigated for the limited representation in a case must be
5 represented by legal counsel in all proceedings related to the
6 child. shall be appointed by the court at the earliest
7 possible time to represent the child in any child abuse,
8 abandonment, or neglect judicial proceeding, whether civil or
9 criminal. Any person participating in a civil or criminal
10 judicial proceeding resulting from such appointment shall be
11 presumed prima facie to be acting in good faith and in so
12 doing shall be immune from any liability, civil or criminal,
13 that otherwise might be incurred or imposed.
14 (2) In those cases in which the parents are
15 financially able, the parent or parents of the child shall pay
16 reimburse the court, in part or in whole, for the cost of
17 provision of guardian ad litem services and legal services.
18 Reimbursement for services contracted through a public
19 defender to the individual providing guardian ad litem
20 services shall not be contingent upon successful collection by
21 the court from the parent or parents.
22 (3) In a dependency proceeding, the guardian ad litem
23 or the program representative of the public defender shall
24 review all disposition recommendations and changes in
25 placements, and must be present at all critical stages of the
26 dependency proceeding and shall or submit a written report of
27 findings in proceedings to determine dependency and to
28 terminate parental rights and may submit a report of findings
29 in other proceedings and when requested by the court, the
30 guardian an litem may submit recommendations to the court.
31 Written reports must be filed with the court and served on all
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1 parties whose whereabouts are known at least 72 hours prior to
2 the hearing.
3 Section 29. Section 39.8225, Florida Statutes, is
4 created to read:
5 39.8225 Guardians ad litem; powers, duties, and
6 authority.--
7 (1) A guardian ad litem shall act in the child's best
8 interest, advocate for the child, and take appropriate action
9 to protect the best interest of the child.
10 (2) In an action brought pursuant to the Florida Rules
11 of Juvenile Procedure for dependency proceedings, the guardian
12 ad litem shall represent the best interest of the child after
13 investigating the allegations in the pleadings and the needs
14 of the child, after discussing the allegations with the child
15 and legal counsel, and after giving significant weight to the
16 expressed interests of the child. The guardian ad litem, other
17 than a public defender, must be represented by an attorney.
18 (3) The guardian ad litem shall investigate the
19 allegations in the pleadings and the needs of the child for
20 the case and the guardian ad litem, in his or her
21 investigation, shall:
22 (a) Visit and when possible discuss the case with the
23 child.
24 (b) When appropriate for the representation, observe
25 the child's interactions with parents, siblings, or foster
26 parents; observe the child's family placement or proposed
27 permanent placement when there is one; and, when appropriate,
28 observe his or her socialization skills at school or other
29 care facilities.
30 (c) Conduct interviews with persons involved with the
31 child or related to the case, including, but not limited to,
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1 when appropriate for the representation, an interview with the
2 child's parent, guardian, custodian, teacher, or foster
3 family; medical professionals treating or evaluating the
4 child; other caretakers or proposed adoptive parents; staff
5 members of the Department of Children and Family Services or
6 the Department of Juvenile Justice; law enforcement personnel
7 who are involved in the case; and any other person whom the
8 guardian ad litem and the attorney determines appropriate.
9 (d) Obtain the legal, social, medical, or
10 psychological reports relevant to understanding the facts of
11 the case and the status and conditions of the child and other
12 participants in the proceeding. However, the attorney client
13 privilege and the work-product privilege may be claimed by
14 legal counsel on behalf of their clients.
15 (4) The guardian ad litem and the attorney shall
16 consult with the child before any hearing, court appearance,
17 or other proceeding unless the court has excused the child's
18 presence in court pursuant to court order under 39.01(51). If
19 the child is of an age and capacity to understand, the
20 proceeding must be explained to the child in language
21 appropriate to the child's age, education, and comprehension
22 ability, and the child shall be offered the opportunity to
23 attend the proceeding.
24 (5) Before each hearing, the guardian ad litem shall
25 discuss with legal counsel information on all observations,
26 documentation obtained, and factual information the guardian
27 ad litem believes that the court should have in order to make
28 a best-interest determination for the child regarding the
29 issues before the court. If a public defender is providing
30 representation, the information may be discussed with
31 representatives of the office, as required by office
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1 procedures. After reviewing the information and consulting
2 with the child and, when appropriate, with staff members of
3 the public defender, the attorney and the guardian ad litem
4 shall determine the best manner in which to provide the court
5 with all information necessary for the court to know the
6 child, know the expressed interests of the child, and
7 determine what is in the best interest of the child. In every
8 case the court must be informed of the expressed interest of
9 the child related to the proceeding. When the law requires a
10 written report, the guardian ad litem and counsel shall
11 provide the information to the court as required by law.
12 (6) If a written report is not required to include
13 recommendations, the guardian ad litem must be prepared to
14 present the court with a recommendation as to the best
15 interest of the child based on what the child would want if he
16 or she could, using adult judgment and knowledge, evaluate the
17 available information and make a request to the court.
18 (7) When a guardian ad litem is appointed, the court
19 may issue an order directing persons and entities contacted by
20 the guardian ad litem to allow the guardian ad litem to
21 inspect and copy any documents related to the child, the
22 child's parents, or other custodial persons or any household
23 member with whom the child resided, currently resides, or is
24 proposed to reside or any person who is otherwise related to
25 the allegation in the pleadings. The guardian ad litem,
26 through counsel, may also petition the court for an order
27 directed to a specified person, agency, or organization,
28 including, but not limited to, a hospital, medical doctor,
29 dentist, psychologist, or psychiatrist, which order directs
30 that the guardian ad litem be allowed to inspect and copy any
31 records or documents that relate to the minor child, the
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1 child's parent or other custodial person, or any household
2 member with whom the child resides. An order based on a
3 petition shall be obtained only after notice to all parties
4 and a hearing thereon.
5 (8) The guardian ad litem shall submit his or her
6 report to the court, if a report is to be submitted, regarding
7 any stipulation or agreement, whether incidental, temporary,
8 or permanent, which affects the interest or welfare of the
9 minor child, within 10 days after the date the stipulation or
10 agreement is served upon the guardian ad litem or as directed
11 by the court.
12 (9) The guardian ad litem, through counsel, may
13 request the court to order an expert examination of the child,
14 the child's parent, or any other interested party by a medical
15 doctor, dentist, or other health care provider, including a
16 psychiatrist, psychologist, or other mental health
17 professional.
18 (10) The guardian ad litem may, unless a report is
19 otherwise required by law, file a written report that may
20 include recommendations and shall include any expressed
21 interests of the child. When a report is filed, it must be
22 filed and served on all parties at least 20 days before the
23 hearing at which it will be presented, unless the court waives
24 the time limit or the law requiring the report specifies a
25 different time.
26 (11) The guardian ad litem must be provided with
27 copies of all pleadings, notices, and other documents filed in
28 the action and is entitled to reasonable notice before any
29 action affecting the child is taken by any of the parties,
30 their counsel, or the court.
31
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1 (12) A guardian ad litem, acting through counsel,
2 shall actively file any pleadings, motions, or petitions for
3 relief which the guardian ad litem considers appropriate or
4 necessary in furtherance of the guardian's representation of
5 the child. The guardian ad litem, through counsel, is entitled
6 to be present and to participate in all depositions, hearings,
7 and other proceedings in the action, and, through counsel, may
8 compel the attendance of witnesses.
9 (13) The duties and rights of a nonattorney guardian
10 ad litem does not include the right to practice law.
11 (14) A guardian ad litem is not required to post bond
12 but shall file an acceptance of the office.
13 (15) A guardian ad litem is entitled to receive
14 service of pleadings and papers as provided by the Florida
15 Rules of Procedure applicable to the case.
16 Section 30. Section 39.8226, Florida Statutes, is
17 created to read:
18 39.8226 Legal counsel for a child.--
19 (1) The court may appoint counsel to represent the
20 expressed interest of a child, in lieu of or in addition to a
21 guardian ad litem, in any dependency case related to the
22 child, if the court determines that the child is of an age and
23 capacity to participate in his or her representation and the
24 child or the child's parents or guardian can pay for the
25 representation.
26 (2)(a) If a public defender has been appointed to
27 represent the child, the court may appoint counsel to
28 represent the expressed interest of a child, in lieu of or in
29 addition to a guardian ad litem, only if the court finds that
30 the child is of an age and capacity to participate in his or
31 her representation and either the expressed interests of the
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1 child and the best-interest representation by the guardian ad
2 litem do not coincide or the complexity of the pending case or
3 other legal actions suggest that representation for the child
4 is appropriate.
5 (b) If the guardian ad litem's best-interest
6 representation and the expressed interests of the child do not
7 coincide, the public defender must petition the court for a
8 review to determine whether the provisions of paragraph (a)
9 have been met, whether the child wants independent counsel and
10 whether the child wants or it is appropriate or required under
11 the law for a guardian ad litem to continue to represent the
12 best interest of the child in some or all issues.
13 (3) Upon petition of the public defender, the court
14 may appoint independent counsel to represent the child in
15 collateral issues if the office does not have the expertise to
16 provide appropriate representation. The petition must address
17 whether the guardian ad litem will continue to represent the
18 best interest of the child in any or all proceedings.
19 Section 31. Section 39.84, Florida Statutes, is
20 created to read:
21 39.84 Guardians ad litem; confidentiality.--The
22 guardian ad litem shall maintain as confidential all
23 information and documents received from any source and may not
24 disclose such information or documents except, as provided by
25 law or Florida rules of evidence and procedure, in testimony
26 or a report to the court. When a report is filed with the
27 court, it must be served upon the parties to the action and
28 their counsel or as directed by the court.
29 Section 32. Section 39.86, Florida Statutes, is
30 created to read:
31
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1 39.86 Guardians ad litem and psychologists;
2 immunity.--Any person participating in a judicial proceeding
3 as a guardian ad litem or a court-appointed psychologist shall
4 be presumed prima facie to be acting in good faith, and, in so
5 doing, shall be immune from any liability, civil or criminal,
6 that otherwise might be incurred or imposed.
7 Section 33. Subsection (8) of section 40.24, Florida
8 Statutes, is amended to read:
9 40.24 Compensation and reimbursement policy.--
10 (8) In circuits that elect to allow jurors to donate
11 their jury service fee upon conclusion of juror service, each
12 juror may irrevocably donate all of the juror's compensation
13 to public defender's office for expenditure to represent
14 children in dependency proceeding the 26 U.S.C. s. 501(c)(3)
15 organization specified by the guardian ad litem program or to
16 a domestic violence shelter as specified annually on a
17 rotating basis by the clerk of court in the circuit for the
18 juror's county of residence. The funds collected may not
19 reduce or offset the amount of compensation that the guardian
20 ad litem program or domestic violence shelter would otherwise
21 receive from the state. The clerk of court shall ensure that
22 all jurors are given written notice at the conclusion of their
23 service that they have the option to so donate their
24 compensation, and that the applicable program specified by the
25 guardian ad litem program or a domestic violence shelter
26 receives all funds donated by the jurors. Any guardian ad
27 litem program receiving donations of juror compensation must
28 expend such moneys on services for children for whom guardians
29 ad litem have been appointed.
30 Section 34. Paragraph (a) of subsection (6) of section
31 215.5601, Florida Statutes, is amended to read:
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1 215.5601 Lawton Chiles Endowment Fund.--
2 (6) ADVISORY COUNCIL.--The Lawton Chiles Endowment
3 Fund Advisory Council is established for the purpose of
4 reviewing the funding priorities of the state agencies,
5 evaluating their requests against the mission and goals of the
6 agencies and legislative intent for the use of endowment
7 funds, and allowing for public input and advocacy.
8 (a) The advisory council shall consist of 15 members,
9 including:
10 1. The director of the United Way of Florida, Inc., or
11 his or her designee;
12 2. The director of the Foster Parents Association, or
13 his or her designee;
14 3. The chair of the Department of Elderly Affairs
15 Advisory Council, or his or her designee;
16 4. The president of the Florida Association of Area
17 Agencies on Aging, or his or her designee;
18 5. The State Long-Term Care Ombudsman, or his or her
19 designee;
20 6. The state director of the Florida AARP, or his or
21 her designee;
22 7. The director of the Florida Pediatric Society, or
23 his or her designee;
24 8. A public defender A representative of the Guardian
25 Ad Litem Program, appointed by the Governor;
26 9. A representative of a child welfare lead agency for
27 community-based care, appointed by the Governor;
28 10. A representative of an elder care lead agency for
29 community-based care, appointed by the Governor;
30 11. A representative of a statewide child advocacy
31 organization, appointed by the Governor;
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1 12. One consumer caregiver for children, appointed by
2 the Governor;
3 13. One person over the age of 60 years to represent
4 the interests of elders, appointed by the Governor;
5 14. One person under the age of 18 years to represent
6 the interests of children, appointed by the Governor; and
7 15. One consumer caregiver for a functionally impaired
8 elderly person, appointed by the Governor.
9 Section 35. Subsection (12) of section 985.308,
10 Florida Statutes, is amended to read:
11 985.308 Juvenile sexual offender commitment programs;
12 sexual abuse intervention networks.--
13 (12) Membership of a sexual abuse intervention network
14 shall include, but is not limited to, representatives from:
15 (a) Local law enforcement agencies;
16 (b) Local school boards;
17 (c) Child protective investigators;
18 (d) The office of the state attorney;
19 (e) The office of the public defender;
20 (f) The juvenile division of the circuit court;
21 (g) Professionals licensed under chapter 458, chapter
22 459, s. 490.0145, or s. 491.0144 providing treatment for
23 juvenile sexual offenders or their victims;
24 (h) The guardian ad litem program;
25 (h)(i) The Department of Juvenile Justice; and
26 (i)(j) The Department of Children and Family Services.
27 Section 36. This act shall take effect October 1,
28 2002.
29
30
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 686
3
4 The committee substitute makes the following substantial
changes to SB 686:
5
-- The representation of children is moved from the
6 Office of Public Advocacy to the public defender.
7 -- The creation of the Office of Public Advocacy and
the circuit offices of public advocacy are removed
8 from the bill.
9 -- The Department of Children and Families is
required to notify a child's guardian ad litem or
10 legal counsel of reports of institutional abuse,
neglect, or abandonment and to furnish a copy of
11 the completed report to the guardian ad litem or
legal counsel.
12
-- The court is required to consider information
13 regarding the best interest of the child furnished
by the guardian ad litem and any recommendations
14 of the guardian ad litem when making a decision
regarding termination of parental rights.
15
-- The guardian ad litem is required to notify the
16 court of the expressed interests of a dependent
child represented by the guardian ad litem.
17
-- The court is authorized to issue a blanket order
18 regarding the guardian ad litem's ability to
obtain information regarding the child rather than
19 requiring an order for each document to be
obtained.
20
-- Section 39.84, F.S., is created to provide that
21 information obtained by a guardian ad litem is
confidential except as provided by law or rules of
22 evidence and as provided to the court in testimony
or a report.
23
-- Section 39.86, F.S., is created to provide
24 immunity to a guardian ad litem and a court
appointed psychologist participating in a judicial
25 proceeding.
26 -- The bill is limited to representation in
dependency cases. Thus, provisions of the bill
27 related to representation of a child in education,
family law, abandoned newborns, adoption
28 proceedings, mental health proceedings and
criminal proceedings are removed from the bill.
29
-- Representation by the public defender's offices is
30 limited to dependency and related proceedings.
31
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