Senate Bill sb0686c3

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    Florida Senate - 2002              CS for CS for CS for SB 686

    By the Committees on Appropriations; Children and Families;
    Judiciary; and Senators Burt and Cowin




    309-2044-02

  1                      A bill to be entitled

  2         An act relating to legal proceedings involving

  3         minor children; providing for the transfer of

  4         the guardian ad litem program to the Statewide

  5         Public Guardianship Office; providing for

  6         county funding of program elements; renaming

  7         each guardian ad litem office as a Circuit

  8         Office of Children's Representation; providing

  9         for a study to determine the organizational

10         placement of the Statewide Public Guardianship

11         Office and Children's Representation offices

12         with recommendations to the Legislature by

13         February 1, 2003; amending s. 25.388, F.S.;

14         including the Statewide Public Guardianship

15         Office representation of children as recipients

16         of moneys from the Family Courts Trust Funds;

17         amending s. 744.7021, F.S.; requiring the

18         Statewide Public Guardianship Office to

19         establish standards for the representation of

20         children; requiring an annual report to the

21         Legislature; requiring the office to establish

22         a Circuit Office of Children's Representation

23         in each judicial circuit; authorizing the

24         circuit offices to provide and coordinate the

25         provision of legal services for children when

26         private representation is unavailable;

27         requiring the circuit offices to provide

28         representation for children in dependency

29         proceedings; providing for appointing a lay

30         representative and an attorney to represent the

31         best interest of the child; authorizing the

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  1         Statewide Public Guardianship Office or the

  2         Circuit Offices of Children's Representation to

  3         establish a nonprofit organization to assist in

  4         funding the services provided to children;

  5         amending s. 27.51, F.S.; authorizing a public

  6         defender to enter into an agreement for

  7         representation of a child in a dependency

  8         proceeding; amending s. 39.001, F.S.; requiring

  9         the Statewide Public Guardianship Office to

10         participate in revising the statewide plan to

11         prevent abuse, abandonment, and neglect of

12         children; requiring that the Circuit Offices of

13         Children's Representation participate in

14         revising local plans; amending s. 39.01, F.S.;

15         redefining the term "party" to include, under

16         certain circumstances, a guardian ad litem;

17         limiting a child's right to file documents;

18         providing for notice to a party; providing for

19         excusing a child from appearing in court;

20         amending s. 39.013, F.S.; providing for

21         representation of children in proceedings under

22         ch. 39, F.S.; amending s. 39.202, F.S.;

23         authorizing access to records by the guardian

24         ad litem and the child; amending s. 39.302,

25         F.S.; requiring notification of the guardian ad

26         litem or legal counsel of reports of

27         institutional child abuse, neglect, or

28         abandonment; amending s. 39.305, F.S.;

29         providing for the Statewide Public Guardianship

30         Office to participate in developing the model

31         plan for intervention and treatment in certain

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  1         sexual-abuse cases; amending s. 39.402, F.S.;

  2         providing for notice of and representation for

  3         a child at a shelter hearing; providing for

  4         continuance of the hearing in order for the

  5         child to obtain representation; amending s.

  6         39.407, F.S.; authorizing legal counsel to

  7         represent a child placed in residential

  8         treatment; requiring that notice and

  9         information regarding the child's treatment be

10         provided to the child's guardian ad litem and

11         legal counsel; amending s. 39.4085, F.S.;

12         requiring that the child, the guardian ad

13         litem, or legal counsel participate in

14         developing a case plan; providing for the right

15         of a child to be heard at all review hearings;

16         providing for appointment of a guardian ad

17         litem or legal counsel; repealing s. 39.4086,

18         F.S., relating to a pilot program for

19         appointing attorneys ad litem for dependent

20         children; amending s. 39.502, F.S.; providing

21         for notice and service of process on legal

22         counsel or guardian ad litem; amending s.

23         39.504, F.S.; authorizing the child's guardian

24         ad litem or attorney to file for an injunction

25         to prevent child abuse or an unlawful sexual

26         offense; amending s. 39.505, F.S.; specifying

27         that the guardian ad litem need not file an

28         answer to a petition or pleading; amending s.

29         39.510, F.S.; authorizing the representative of

30         a party to appeal a court order; amending s.

31         39.521, F.S.; requiring that a case plan and

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  1         certain reports be provided to specified

  2         parties; limiting discharge of a guardian ad

  3         litem or legal counsel unless other

  4         representation is provided to a child;

  5         authorizing approval of withdrawal request;

  6         amending s. 39.701, F.S.; authorizing the court

  7         to dismiss a child from a judicial review

  8         hearing; requiring that notice be provided to

  9         the child and legal counsel; requiring service

10         of reports on specified parties; requiring the

11         court to determine whether a child needs a

12         guardian ad litem or attorney; amending s.

13         39.801, F.S.; requiring that notice of a

14         petition be served on a child; exempting a

15         child's legal counsel from payment of fees for

16         service of process or other papers; amending s.

17         39.802, F.S.; providing for a child through

18         legal counsel to file a petition for

19         termination of parental rights; amending s.

20         39.805, F.S.; providing that a guardian ad

21         litem need not file an answer; amending s.

22         39.806, F.S.; providing requirements for a

23         child in filing a petition for termination of

24         parental rights; amending s. 39.807, F.S.;

25         providing requirements for the representation

26         provided to a child by the guardian ad litem or

27         legal counsel; eliminating provisions related

28         to posting of a bond and service on a guardian

29         ad litem; amending s. 39.808, F.S.; providing

30         for appointment of legal counsel following a

31         petition to terminate parental rights; amending

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  1         s. 39.810, F.S.; providing for the court to

  2         consider the expressed interest of the child in

  3         a hearing on a petition to terminate parental

  4         rights; providing that the court must consider

  5         information related to best-interest

  6         requirements provided by a guardian ad litem;

  7         amending s. 39.811, F.S.; requiring that the

  8         court consider information provided by the

  9         child or the guardian ad litem in determining

10         whether to retain jurisdiction over a dependent

11         child; amending s. 39.820, F.S.; amending the

12         definition of the term "guardian ad litem" to

13         eliminate references to the guardian ad litem

14         program; amending s. 39.821, F.S.; providing

15         qualifications for guardians ad litem and staff

16         members of the Circuit Office of Children's

17         Representation providing representation to

18         children; amending s. 39.822, F.S.; designating

19         who may be a guardian ad litem; providing for

20         appointment of the Circuit Office of Children's

21         Representation when the child and parents are

22         indigent; requiring background checks of

23         specified guardians ad litem; creating s.

24         39.8225, F.S.; providing powers and duties of a

25         guardian ad litem; requiring that a guardian ad

26         litem represent the child's best interest;

27         requiring 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,

14         staff or volunteer in a Circuit Office of

15         Children's Representation, and a

16         court-appointed psychologist; creating s.

17         39.8226, F.S.; providing for appointment of

18         legal counsel for a child; requiring that the

19         court determine capacity of a child before

20         appointing legal counsel; providing for

21         appointment of legal counsel when the Circuit

22         Office of Children's Representation is

23         providing representation; authorizing the

24         Circuit Office of Children's Representation to

25         petition for appointment of counsel; amending

26         s. 40.24, F.S.; providing for payment for

27         jurors to be used to fund the representation of

28         children in a proceeding under ch. 39, F.S.,

29         and related proceedings; amending s. 215.5601,

30         F.S.; providing for the Director of the

31         Statewide Public Guardianship Office rather

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  1         than the director of the guardian ad litem

  2         program to be a member of the Lawton Chiles

  3         Endowment Fund Advisory Council; amending s.

  4         985.308, F.S.; substituting the Statewide

  5         Public Guardianship Office for the guardian ad

  6         litem program on the membership of a sexual

  7         abuse intervention network; providing an

  8         effective date.

  9

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

11

12         Section 1.  The guardian ad litem program is

13  transferred to the Statewide Public Guardianship Office, and

14  each circuit guardian ad litem office is renamed as the

15  Circuit Office of Children's Representation. The Director of

16  the Statewide Public Guardianship Office shall employ a deputy

17  director for children's representation who is an attorney and

18  who is knowledgeable about dependency law and has management

19  experience. The deputy director for children's representation

20  shall supervise each Circuit Office of Children's

21  Representation.

22         Section 2.  The Statewide Public Guardianship Office,

23  in consultation with appropriate parties, including the

24  judicial branch, Office of the Governor, Attorney General, and

25  a representative of the Justice Administrative Commission,

26  shall study the organizational placement of the Statewide

27  Public Guardianship Office, including the Deputy Director and

28  related staff and the Circuit Offices of Children's

29  Representation, and shall make recommendations regarding the

30  placement to the Legislature by February 1, 2003.

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  1         Section 3.  Effective October 1, 2002, the guardian ad

  2  litem program in the Office of the State Court Administrator

  3  and in each judicial circuit and all of its statutory powers,

  4  duties, and functions, and its records, personnel, property,

  5  and unexpended balances of appropriations, allocations, or

  6  other funds, are transferred by a type two transfer, as

  7  defined in section 20.06(2), Florida Statutes, to the

  8  Statewide Public Guardianship Office. The counties shall

  9  continue to fund those existing elements of the guardian ad

10  litem offices when the offices become Circuit Offices of

11  Children's Representation.  Such funding shall be consistent

12  with current practice including providing for additions to

13  office staffing until the Legislature expressly assumes the

14  responsibility for funding such elements.

15         Section 4.  Subsection (1) of section 25.388, Florida

16  Statutes, is amended to read:

17         25.388  Family Courts Trust Fund.--

18         (1)(a)  The trust fund moneys in the Family Courts

19  Trust Fund, administered by the Supreme Court, shall be used

20  to implement family court plans in all judicial circuits of

21  this state.

22         (b)  The Supreme Court, through the Office of the State

23  Courts Administrator, shall adopt a comprehensive plan for the

24  operation of the trust fund and the expenditure of any moneys

25  deposited into the trust fund. The plan shall provide for a

26  comprehensive integrated response to families in litigation,

27  including domestic violence matters, Statewide Public

28  Guardianship Office's representation of children in dependency

29  proceedings guardian ad litem programs, mediation programs,

30  legal support, training, automation, and other related costs

31  incurred to benefit the citizens of the state and the courts

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  1  in relation to family law cases. The trust fund shall be used

  2  to fund the publication of the handbook created pursuant to s.

  3  741.0306.

  4         Section 5.  Present subsections (3) and (4) of section

  5  744.7021, Florida Statutes, are redesignated as subsections

  6  (4) and (5), respectively, and a new subsection (3) is added

  7  to that section to read:

  8         744.7021  Statewide Public Guardianship Office.--There

  9  is hereby created the Statewide Public Guardianship Office

10  within the Department of Elderly Affairs. The Department of

11  Elderly Affairs shall provide administrative support and

12  service to the office to the extent requested by the executive

13  director within the available resources of the department. The

14  Statewide Public Guardianship Office may request the

15  assistance of the Inspector General of the Department of

16  Elderly Affairs in providing auditing services, and the Office

17  of General Counsel of the department may provide assistance in

18  rulemaking and other matters as needed to assist the Statewide

19  Public Guardianship Office. The Statewide Public Guardianship

20  Office shall not be subject to control, supervision, or

21  direction by the Department of Elderly Affairs in the

22  performance of its duties.

23         (3)(a)  The office shall establish standards for

24  representation of children by the Circuit Offices of

25  Children's Representation, including recommended case loads

26  for attorneys and for volunteers and staff lay representatives

27  of a child.

28         (b)  The office shall document the need for child

29  representation throughout the state and report annually on

30  October 1 to the Legislature concerning the need and the cost

31  to adequately provide representation for children in

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  1  dependency proceedings. The report must include information

  2  concerning the type and level of advocacy provided in prior

  3  years by both public entities and private entities providing

  4  contract or pro bono services.

  5         (c)  The office shall develop performance measures and

  6  standards for its services throughout the state and shall

  7  annually report on the performance of the Circuit Offices of

  8  Children's Representation.

  9         (d)  The office shall establish a Circuit Office of

10  Children's Representation in each judicial circuit in the

11  state. Each circuit office shall consist of an administrator,

12  staff or pro bono attorneys, social workers, volunteer

13  coordinators, volunteer or staff lay representatives for

14  children, and support staff. The administrator in each office

15  must be knowledgeable and proficient in the legal process and

16  the legal representation of children in court proceedings, as

17  well as discovery and mediation processes.

18         (e)  Each Circuit Office of Children's Representation

19  may provide and coordinate the provision of legal

20  representation of children in each aspect of dependency

21  proceedings when the child and the child's parents are

22  indigent pursuant to s. 27.52 or the child's rights are not

23  otherwise protected. The office must provide representation

24  for each child not otherwise represented who is a party to a

25  dependency proceeding.

26         (f)  If a Circuit Office of Children's Representation

27  is appointed to represent a child, a staff or volunteer

28  representative and a staff or pro bono attorney shall be

29  assigned to provide the office's representation of the best

30  interests of the child.

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  1         (g)  To the extent possible, the Statewide Public

  2  Guardianship Office or the Circuit Offices of Children's

  3  Representation may augment staff through agreements or

  4  contracts with the public defenders, private entities, or

  5  public or private colleges or universities for contract or pro

  6  bono legal representation to children as court-appointed

  7  counsel for the child, to provide pro bono representation to

  8  the office, or to provide non-legal volunteer representation.

  9         (h)  The Office of Statewide Public Guardianship and

10  each Circuit Office of Children's Representatives may

11  establish a not-for-profit support organization under section

12  501(c)(3) of the Internal Revenue Code to assist in funding

13  the needs of children receiving services through the Circuit

14  Offices of Children's Representation.

15         Section 6.  Present subsection (7) of section 27.51,

16  Florida Statutes, is redesignated as subsection (8) and a new

17  subsection (7) is added to that section to read:

18         27.51  Duties of public defender.--

19         (7)  A public defender may enter into an agreement with

20  the Circuit Office of Children's Representation to provide

21  representation to a child in a dependency proceeding when the

22  court has determined that the child qualifies for independent

23  counsel under s. 39.8226(2)(b) or (3).

24         Section 7.  Paragraph (a) of subsection (7) of section

25  39.001, Florida Statutes, is amended to read:

26         39.001  Purposes and intent; personnel standards and

27  screening.--

28         (7)  PLAN FOR COMPREHENSIVE APPROACH.--

29         (a)  The department shall develop a state plan for the

30  prevention of abuse, abandonment, and neglect of children and

31  shall submit the plan to the Speaker of the House of

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  1  Representatives, the President of the Senate, and the Governor

  2  no later than January 1, 1983. The Department of Education,

  3  and the Division of Children's Medical Services Prevention and

  4  Intervention of the Department of Health, and the Statewide

  5  Public Guardianship Office shall participate and fully

  6  cooperate in the development of the state plan at both the

  7  state and local levels. Furthermore, appropriate local

  8  agencies and organizations shall be provided an opportunity to

  9  participate in the development of the state plan at the local

10  level. Appropriate local groups and organizations shall

11  include, but not be limited to, community mental health

12  centers; Circuit Offices of Children's Representation guardian

13  ad litem programs for children under the circuit court; the

14  school boards of the local school districts; the Florida local

15  advocacy councils; private or public organizations or programs

16  with recognized expertise in working with children who are

17  sexually abused, physically abused, emotionally abused,

18  abandoned, or neglected and with expertise in working with the

19  families of such children; private or public programs or

20  organizations with expertise in maternal and infant health

21  care; multidisciplinary child protection teams; child day care

22  centers; and law enforcement agencies, and the circuit courts,

23  when guardian ad litem programs are not available in the local

24  area.  The state plan to be provided to the Legislature and

25  the Governor shall include, as a minimum, the information

26  required of the various groups in paragraph (b).

27         Section 8.  Subsection (51) of section 39.01, Florida

28  Statutes, is amended to read:

29         39.01  Definitions.--When used in this chapter, unless

30  the context otherwise requires:

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  1         (51)  "Party" means the parent or parents of the child,

  2  the petitioner, the department, the guardian ad litem as

  3  defined in s. 39.820 or the representative of the guardian ad

  4  litem program when the program has been appointed, and the

  5  child. While the child is a party, he or she may file

  6  documents in a proceeding under this chapter only through a

  7  court-appointed attorney or guardian ad litem. If information

  8  or notice must be provided to a party, service shall be made

  9  as provided in s. 39.502. The presence of the child may be

10  excused by order of the court when the child requests to be

11  excused presence would not be in the child's best interest.

12  Notice to the child and the presence of the child may be

13  excused by order of the court when the age, capacity, or other

14  condition of the child is such that the notice or the presence

15  of the child would be meaningless, physically dangerous, or

16  emotionally detrimental to the child.

17         Section 9.  Present subsections (9), (10), and (11) of

18  section 39.013, Florida Statutes, are redesignated as

19  subsections (10), (11) and (12), respectively, and a new

20  subsection (9) is added to that section to read:

21         39.013  Procedures and jurisdiction; right to

22  counsel.--

23         (9)  A child is entitled to representation at each

24  stage of the proceedings under this chapter, and, for each

25  child, the court shall appoint either a guardian ad litem

26  under s. 39.822 to provide representation in accordance with

27  s. 39.8225 or appoint any attorney under s. 39.8226.

28         Section 10.  Paragraph (d) of subsection (2) and

29  subsection (5) of section 39.202, Florida Statutes, are

30  amended to read:

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  1         39.202  Confidentiality of reports and records in cases

  2  of child abuse or neglect.--

  3         (2)  Access to such records, excluding the name of the

  4  reporter which shall be released only as provided in

  5  subsection (4), shall be granted only to the following

  6  persons, officials, and agencies:

  7         (d)  The parent or legal custodian of any child who is

  8  alleged to have been abused, abandoned, or neglected, and the

  9  child, the guardian ad litem, and their attorneys. This access

10  shall be made available no later than 30 days after the

11  department receives the initial report of abuse, neglect, or

12  abandonment. However, any information otherwise made

13  confidential or exempt by law shall not be released pursuant

14  to this paragraph.

15         (5)  All records and reports of the child protection

16  team of the Department of Health are confidential and exempt

17  from the provisions of ss. 119.07(1) and 456.057, and shall

18  not be disclosed, except, upon request, to the state

19  attorney;, law enforcement agencies;, the department;, and

20  necessary professionals, in furtherance of the treatment or

21  additional evaluative needs of the child; to the child, the

22  guardian ad litem, and their attorneys; by order of the

23  court;, or to health plan payors, limited to that information

24  used for insurance reimbursement purposes.

25         Section 11.  Present subsections (4), (5), and (6) of

26  section 39.302, Florida Statutes, are redesignated as

27  subsections (5), (6), and (7), respectively, and a new

28  subsection (4) is added to that section to read:

29         39.302  Protective investigations of institutional

30  child abuse, abandonment, or neglect.--

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  1         (4)  Upon receipt of a report of institutional child

  2  abuse, abandonment, or neglect as provided in subsection (1)

  3  the department shall, within 24 hours, notify the guardian ad

  4  litem or legal counsel for any child alleged to be abused,

  5  abandoned, or neglected. Copies of the child-protective

  6  investigation shall be provided to the guardian ad litem or

  7  attorney immediately upon completion.

  8         Section 12.  Section 39.305, Florida Statutes, is

  9  amended to read:

10         39.305  Intervention and treatment in sexual abuse

11  cases; model plan.--The department shall develop a model plan

12  for community intervention and treatment of intrafamily sexual

13  abuse in conjunction with the Department of Law Enforcement,

14  the Department of Health, the Department of Education, the

15  Attorney General, the Statewide Public Guardianship Office the

16  state Guardian Ad Litem Program, the Department of

17  Corrections, representatives of the judiciary, and

18  professionals and advocates from the mental health and child

19  welfare community.

20         Section 13.  Subsection (5) and paragraphs (b), (c),

21  and (e) of subsection (8) of section 39.402, Florida Statutes,

22  are amended to read:

23         39.402  Placement in a shelter.--

24         (5)(a)  The parents or legal custodians of the child,

25  the child, and either the child's guardian ad litem, if known,

26  or the Circuit Office of Children's Representation shall be

27  given such notice as best ensures their actual knowledge of

28  the date, time, and location of the shelter hearing.  If the

29  parents or legal custodians are outside the jurisdiction of

30  the court, are not known, or cannot be located or refuse or

31  evade service, they shall be given such notice as best ensures

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  1  their actual knowledge of the date, time, and location of the

  2  shelter hearing.  The person providing or attempting to

  3  provide notice under this paragraph to the parents or legal

  4  custodians shall, if the persons or entities to be provided

  5  notice parents or legal custodians are not present at the

  6  hearing, advise the court either in person or by sworn

  7  affidavit, of the attempts made to provide notice and the

  8  results of those attempts.

  9         (b)  The parents or legal custodians, the child, and

10  either the child's guardian ad litem, if known, or the Circuit

11  Office of Children's Representation shall be given written

12  notice that:

13         1.  They will be given an opportunity to be heard and

14  to present evidence at the shelter hearing; and

15         2.  The parents They have the right to be represented

16  by counsel and the child has the right to counsel as provided

17  in s. 39.013., and,

18         a.  If indigent, the parents have the right to be

19  represented by appointed counsel, at the shelter hearing and

20  at each subsequent hearing or proceeding, pursuant to the

21  procedures set forth in s. 39.013.

22         b.  If the parents or legal custodians appear for the

23  shelter hearing without legal counsel, then, at their request,

24  the shelter hearing may be continued up to 72 hours to enable

25  the parents or legal custodians to consult legal counsel.

26         c.  If the child appears for the shelter hearing

27  without a guardian ad litem, legal counsel, or representation

28  by the Circuit Office of Children's Representation, the

29  shelter hearing may be continued up to 72 hours to enable

30  representation to be retained on behalf of the child.

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  1         d.  If a continuance is requested by the parents or

  2  legal custodians, or on behalf of the child, the child shall

  3  be continued in shelter care for the length of the

  4  continuance, if granted by the court.

  5         (8)

  6         (b)  The parents or legal custodians of the child, the

  7  child, and either the child's guardian ad litem, if known, or

  8  the Circuit Office of Children's Representation shall be given

  9  such notice as best ensures their actual knowledge of the time

10  and place of the shelter hearing. The failure to provide

11  notice to a party or participant does not invalidate an order

12  placing a child in a shelter if the court finds that the

13  petitioner has made a good faith effort to provide such

14  notice. The court shall require the parents or legal

15  custodians present at the hearing to provide to the court on

16  the record the names, addresses, and relationships of all

17  parents, prospective parents, and next of kin of the child, so

18  far as are known.

19         (c)  At the shelter hearing, the court shall:

20         1.  Appoint representation for the child in accordance

21  with s. 39.013 a guardian ad litem to represent the best

22  interest of the child, unless the court finds that such

23  representation of the child is otherwise provided is

24  unnecessary;

25         2.  Inform the parents or legal custodians of their

26  right to counsel to represent them at the shelter hearing and

27  at each subsequent hearing or proceeding, and the right of the

28  parents to appointed counsel, pursuant to the procedures set

29  forth in s. 39.013; and

30         3.  Give the parents or legal custodians an opportunity

31  to be heard and to present evidence.

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  1         (e)  At the shelter hearing, the department shall

  2  provide the court and the child and either the child's

  3  guardian ad litem, if known, or the Circuit Office of

  4  Children's Representation copies of any available law

  5  enforcement, medical, or other professional reports, and shall

  6  also provide copies of abuse hotline reports pursuant to state

  7  and federal confidentiality requirements.

  8         Section 14.  Subsection (5) of section 39.407, Florida

  9  Statutes, is amended to read:

10         39.407  Medical, psychiatric, and psychological

11  examination and treatment of child; physical or mental

12  examination of parent or person requesting custody of child.--

13         (5)  Children who are in the legal custody of the

14  department may be placed by the department in a residential

15  treatment center licensed under s. 394.875 or a hospital

16  licensed under chapter 395 for residential mental health

17  treatment only pursuant to this section or may be placed by

18  the court in accordance with an order of involuntary

19  examination or involuntary placement entered pursuant to s.

20  394.463 or s. 394.467. All children placed in a residential

21  treatment program under this subsection must have a guardian

22  ad litem or legal counsel appointed.

23         (a)  As used in this subsection, the term:

24         1.  "Residential treatment" means placement for

25  observation, diagnosis, or treatment of an emotional

26  disturbance in a residential treatment center licensed under

27  s. 394.875 or a hospital licensed under chapter 395.

28         2.  "Least restrictive alternative" means the treatment

29  and conditions of treatment that, separately and in

30  combination, are no more intrusive or restrictive of freedom

31  than reasonably necessary to achieve a substantial therapeutic

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  1  benefit or to protect the child or adolescent or others from

  2  physical injury.

  3         3.  "Suitable for residential treatment" or

  4  "suitability" means a determination concerning a child or

  5  adolescent with an emotional disturbance as defined in s.

  6  394.492(5) or a serious emotional disturbance as defined in s.

  7  394.492(6) that each of the following criteria is met:

  8         a.  The child requires residential treatment.

  9         b.  The child is in need of a residential treatment

10  program and is expected to benefit from mental health

11  treatment.

12         c.  An appropriate, less restrictive alternative to

13  residential treatment is unavailable.

14         (b)  Whenever the department believes that a child in

15  its legal custody is emotionally disturbed and may need

16  residential treatment, an examination and suitability

17  assessment must be conducted by a qualified evaluator who is

18  appointed by the Agency for Health Care Administration. This

19  suitability assessment must be completed before the placement

20  of the child in a residential treatment center for emotionally

21  disturbed children and adolescents or a hospital. The

22  qualified evaluator must be a psychiatrist or a psychologist

23  licensed in Florida who has at least 3 years of experience in

24  the diagnosis and treatment of serious emotional disturbances

25  in children and adolescents and who has no actual or perceived

26  conflict of interest with any inpatient facility or

27  residential treatment center or program.

28         (c)  Before a child is admitted under this subsection,

29  the child shall be assessed for suitability for residential

30  treatment by a qualified evaluator who has conducted a

31

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  1  personal examination and assessment of the child and has made

  2  written findings that:

  3         1.  The child appears to have an emotional disturbance

  4  serious enough to require residential treatment and is

  5  reasonably likely to benefit from the treatment.

  6         2.  The child has been provided with a clinically

  7  appropriate explanation of the nature and purpose of the

  8  treatment.

  9         3.  All available modalities of treatment less

10  restrictive than residential treatment have been considered,

11  and a less restrictive alternative that would offer comparable

12  benefits to the child is unavailable.

13

14  A copy of the written findings of the evaluation and

15  suitability assessment must be provided to the department and

16  to the guardian ad litem or legal counsel, who shall have the

17  opportunity to discuss the findings with the evaluator.

18         (d)  Immediately upon placing a child in a residential

19  treatment program under this section, the department must

20  notify the guardian ad litem or legal counsel and the court

21  having jurisdiction over the child and must provide the

22  guardian ad litem or legal counsel and the court with a copy

23  of the assessment by the qualified evaluator.

24         (e)  Within 10 days after the admission of a child to a

25  residential treatment program, the director of the residential

26  treatment program or the director's designee must ensure that

27  an individualized plan of treatment has been prepared by the

28  program and has been explained to the child, to the

29  department, and to the guardian ad litem or legal counsel, and

30  submitted to the department. The child must be involved in the

31  preparation of the plan to the maximum feasible extent

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  1  consistent with his or her ability to understand and

  2  participate, and the guardian ad litem or legal counsel and

  3  the child's foster parents must be involved to the maximum

  4  extent consistent with the child's treatment needs. The plan

  5  must include a preliminary plan for residential treatment and

  6  aftercare upon completion of residential treatment. The plan

  7  must include specific behavioral and emotional goals against

  8  which the success of the residential treatment may be

  9  measured. A copy of the plan must be provided to the child, to

10  the guardian ad litem or legal counsel, and to the department.

11         (f)  Within 30 days after admission, the residential

12  treatment program must review the appropriateness and

13  suitability of the child's placement in the program. The

14  residential treatment program must determine whether the child

15  is receiving benefit towards the treatment goals and whether

16  the child could be treated in a less restrictive treatment

17  program. The residential treatment program shall prepare a

18  written report of its findings and submit the report to the

19  guardian ad litem or legal counsel and to the department. The

20  department must submit the report to the court. The report

21  must include a discharge plan for the child. The residential

22  treatment program must continue to evaluate the child's

23  treatment progress every 30 days thereafter and must include

24  its findings in a written report submitted to the guardian ad

25  litem or legal counsel and the department. The department may

26  not reimburse a facility until the facility has submitted

27  every written report that is due.

28         (g)1.  The department must submit, at the beginning of

29  each month, to the court having jurisdiction over the child

30  and to the guardian ad litem or legal counsel, a written

31

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  1  report regarding the child's progress towards achieving the

  2  goals specified in the individualized plan of treatment.

  3         2.  The court must conduct a hearing to review the

  4  status of the child's residential treatment plan no later than

  5  3 months after the child's admission to the residential

  6  treatment program. An independent review of the child's

  7  progress towards achieving the goals and objectives of the

  8  treatment plan must be completed by a qualified evaluator and

  9  submitted to the court and to the guardian ad litem or legal

10  counsel before the court's its 3-month review.

11         3.  For any child in residential treatment at the time

12  a judicial review is held pursuant to s. 39.701, the child's

13  continued placement in residential treatment must be a subject

14  of the judicial review.

15         4.  If at any time the court determines that the child

16  is not suitable for continued residential treatment, the court

17  shall order the department to place the child in the least

18  restrictive setting that is best suited to meet his or her

19  needs.

20         (h)  After the initial 3-month review, the court must

21  conduct a review of the child's residential treatment plan

22  every 90 days.

23         (i)  The department must adopt rules for implementing

24  timeframes for the completion of suitability assessments by

25  qualified evaluators and a procedure that includes timeframes

26  for completing the 3-month independent review by the qualified

27  evaluators of the child's progress towards achieving the goals

28  and objectives of the treatment plan which review must be

29  submitted to the court. The Agency for Health Care

30  Administration must adopt rules for the registration of

31  qualified evaluators, the procedure for selecting the

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  1  evaluators to conduct the reviews required under this section,

  2  and a reasonable, cost-efficient fee schedule for qualified

  3  evaluators.

  4         Section 15.  Subsections (11), (12), (19), (20), and

  5  (21) of section 39.4085, Florida Statutes, are amended to

  6  read:

  7         39.4085  Legislative findings and declaration of intent

  8  for goals for dependent children.--The Legislature finds and

  9  declares that the design and delivery of child welfare

10  services should be directed by the principle that the health

11  and safety of children should be of paramount concern and,

12  therefore, establishes the following goals for children in

13  shelter or foster care:

14         (11)  To be the subject of a plan developed by the

15  counselor and the shelter or foster caregiver with the child,

16  when the child is of an age or capacity to participate, and

17  the child's guardian ad litem and with their legal counsel to

18  deal with identified behaviors that may present a risk to the

19  child or others.

20         (12)  To be involved and incorporated, where

21  appropriate, and to have the child's guardian ad litem and the

22  legal counsel of the child and of the guardian ad litem

23  involved in the development of the case plan, to have a case

24  plan which will address their specific needs, and to object to

25  any of the provisions of the case plan.

26         (19)  To be heard by the court, if appropriate, at all

27  review hearings, unless the child chooses not to be heard or

28  because of age, capacity, or other condition of the child, the

29  court determines it would be meaningless, physically

30  dangerous, or emotionally detrimental to the child.

31

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  1         (20)  To have a guardian ad litem appointed to

  2  represent, within reason, their best interests and, as

  3  provided in s. 39.8226 where appropriate, legal counsel an

  4  attorney ad litem appointed to represent their expressed legal

  5  interests; the guardian ad litem and legal counsel attorney ad

  6  litem shall have immediate and unlimited access to the

  7  children they represent.

  8         (21)  To have all their records available for review by

  9  their guardian ad litem and legal counsel attorney ad litem if

10  they deem such review necessary.

11         Section 16.  Section 39.4086, Florida Statutes, is

12  repealed.

13         Section 17.  Section 39.502, Florida Statutes, is

14  amended to read:

15         39.502  Notice, process, and service.--

16         (1)  Unless parental rights have been terminated, all

17  parents must be notified of all proceedings or hearings

18  involving the child. Notice in cases involving shelter

19  hearings and hearings resulting from medical emergencies must

20  be that most likely to result in actual notice to the parents.

21  In all other dependency proceedings, notice must be provided

22  in accordance with subsections (4)-(9).

23         (2)  Notice of all proceedings or hearings involving

24  the child and all documents and reports related to those

25  proceedings or required to be given to the child shall be

26  served on or delivered to the child through the court

27  appointed representative for the child, either the guardian ad

28  litem or the child's or the guardian ad litem's legal counsel.

29  If the court has not appointed a representative for the child,

30  service or delivery shall be made to the child unless the

31  court determines that, because of age, capacity, or other

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  1  condition of the child, it would be meaningless or emotionally

  2  detrimental to the child.

  3         (3)(2)  Personal appearance of any person in a hearing

  4  before the court obviates the necessity of serving process on

  5  that person.

  6         (4)(3)  Upon the filing of a petition containing

  7  allegations of facts which, if true, would establish that the

  8  child is a dependent child, and upon the request of the

  9  petitioner, the clerk or deputy clerk shall issue a summons.

10         (5)(4)  The summons shall require the person on whom it

11  is served to appear for a hearing at a time and place

12  specified, not less than 72 hours after service of the

13  summons.  A copy of the petition shall be attached to the

14  summons.

15         (6)(5)  The summons shall be directed to, and shall be

16  served upon, all parties other than the petitioner.

17         (7)(6)  It is the duty of the petitioner or moving

18  party to notify all participants and parties known to the

19  petitioner or moving party of all hearings subsequent to the

20  initial hearing unless notice is contained in prior court

21  orders and these orders were provided to the participant or

22  party. Proof of notice or provision of orders may be provided

23  by certified mail with a signed return receipt.

24         (8)(7)  Service of the summons and service of

25  pleadings, papers, and notices subsequent to the summons on

26  persons outside this state must be made pursuant to s.

27  61.1312.

28         (9)(8)  It is not necessary to the validity of a

29  proceeding covered by this part that the parents be present if

30  their identity or residence is unknown after a diligent search

31  has been made, but in this event the petitioner shall file an

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  1  affidavit of diligent search prepared by the person who made

  2  the search and inquiry, and the court shall may appoint a

  3  guardian ad litem or legal counsel for the child.

  4         (10)(9)  When an affidavit of diligent search has been

  5  filed under subsection (8), the petitioner shall continue to

  6  search for and attempt to serve the person sought until

  7  excused from further search by the court. The petitioner shall

  8  report on the results of the search at each court hearing

  9  until the person is identified or located or further search is

10  excused by the court.

11         (11)(10)  Service by publication shall not be required

12  for dependency hearings and the failure to serve a party or

13  give notice to a participant shall not affect the validity of

14  an order of adjudication or disposition if the court finds

15  that the petitioner has completed a diligent search for that

16  party.

17         (12)(11)  Upon the application of a party or the

18  petitioner, the clerk or deputy clerk shall issue, and the

19  court on its own motion may issue, subpoenas requiring

20  attendance and testimony of witnesses and production of

21  records, documents, and other tangible objects at any hearing.

22         (13)(12)  All process and orders issued by the court

23  shall be served or executed as other process and orders of the

24  circuit court and, in addition, may be served or executed by

25  authorized agents of the department, or the guardian ad litem,

26  or legal counsel for the child.

27         (14)(13)  Subpoenas may be served within the state by

28  any person over 18 years of age who is not a party to the

29  proceeding and, in addition, may be served by authorized

30  agents of the department, or the guardian ad litem, or legal

31  counsel for the child.

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  1         (15)(14)  No fee shall be paid for service of any

  2  process or other papers by an agent of the department, or the

  3  guardian ad litem, or legal counsel for the child. If any

  4  process, orders, or any other papers are served or executed by

  5  any sheriff, the sheriff's fees shall be paid by the county.

  6         (16)(15)  A party who is identified as a person with

  7  mental illness or with a developmental disability must be

  8  informed by the court of the availability of advocacy services

  9  through the department, the Association for Retarded Citizens,

10  or other appropriate mental health or developmental disability

11  advocacy groups and encouraged to seek such services.

12         (17)(16)  If the party to whom an order is directed is

13  present or represented at the final hearing, service of the

14  order is not required.

15         (18)(17)  The parent or legal custodian of the child,

16  the attorney for the department, the guardian ad litem, the

17  child, and all other parties and participants shall be given

18  reasonable notice of all hearings provided for under this

19  part.

20         (19)(18)  In all proceedings under this part, the court

21  shall provide to the parent or legal custodian of the child,

22  the child, and the child's guardian ad litem, at the

23  conclusion of any hearing, a written notice containing the

24  date of the next scheduled hearing. The court shall also

25  include the date of the next hearing in any order issued by

26  the court.

27         Section 18.  Subsections (1) and (4) of section 39.504,

28  Florida Statutes, are amended to read:

29         39.504  Injunction pending disposition of petition;

30  penalty.--

31

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  1         (1)(a)  When a petition for shelter placement or a

  2  petition for dependency has been filed or when a child has

  3  been taken into custody and reasonable cause, as defined in

  4  paragraph (b), exists, the court, upon the request of the

  5  department, a law enforcement officer, the state attorney, the

  6  child through the guardian ad litem or legal counsel, or other

  7  responsible person, or upon its own motion, may shall have the

  8  authority to issue an injunction to prevent any act of child

  9  abuse or any unlawful sexual offense involving a child.

10         (b)  Reasonable cause for the issuance of an injunction

11  exists if there is evidence of child abuse or an unlawful

12  sexual offense involving a child or if there is a reasonable

13  likelihood of such abuse or offense occurring based upon a

14  recent overt act or failure to act.

15         (4)  A copy of any injunction issued pursuant to this

16  section shall be delivered to the protected party, or a parent

17  or caregiver or individual acting in the place of a parent who

18  is not the respondent, the guardian ad litem, and to any law

19  enforcement agency having jurisdiction to enforce such

20  injunction. Upon delivery of the injunction to the appropriate

21  law enforcement agency, the agency shall have the duty and

22  responsibility to enforce the injunction.

23         Section 19.  Section 39.505, Florida Statutes, is

24  amended to read:

25         39.505  No answer required.--No answer to the petition

26  or any other pleading need be filed by any child, guardian ad

27  litem, parent, or legal custodian, but any matters that which

28  might be set forth in an answer or other pleading may be

29  pleaded orally before the court or filed in writing as any

30  such person may choose. Notwithstanding the filing of an

31  answer or any pleading, the respondent shall, prior to an

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  1  adjudicatory hearing, be advised by the court of the right to

  2  counsel and shall be given an opportunity to deny the

  3  allegations in the petition for dependency or to enter a plea

  4  to allegations in the petition before the court.

  5         Section 20.  Subsection (1) of section 39.510, Florida

  6  Statutes, is amended to read:

  7         39.510  Appeal.--

  8         (1)  Any party to the proceeding who is affected by an

  9  order of the court, who represents a party affected by an

10  order of the court, or the department may appeal to the

11  appropriate district court of appeal within the time and in

12  the manner prescribed by the Florida Rules of Appellate

13  Procedure. Appointed counsel shall be compensated as provided

14  in this chapter.

15         Section 21.  Paragraphs (a) and (d) of subsection (1),

16  paragraph (b) of subsection (5), and subsection (8) of section

17  39.521, Florida Statutes, are amended to read:

18         39.521  Disposition hearings; powers of disposition.--

19         (1)  A disposition hearing shall be conducted by the

20  court, if the court finds that the facts alleged in the

21  petition for dependency were proven in the adjudicatory

22  hearing, or if the parents or legal custodians have consented

23  to the finding of dependency or admitted the allegations in

24  the petition, have failed to appear for the arraignment

25  hearing after proper notice, or have not been located despite

26  a diligent search having been conducted.

27         (a)  A written case plan and a predisposition study

28  prepared by an authorized agent of the department must be

29  filed with the court and served upon the parents of the child,

30  provided to the child, representative of the guardian ad litem

31  program, if the program has been appointed, and provided to

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  1  all other parties, not less than 72 hours before the

  2  disposition hearing. All such case plans must be approved by

  3  the court. If the court does not approve the case plan at the

  4  disposition hearing, the court must set a hearing within 30

  5  days after the disposition hearing to review and approve the

  6  case plan.

  7         (d)  The court shall, in its written order of

  8  disposition, include all of the following:

  9         1.  The placement or custody of the child.

10         2.  Special conditions of placement and visitation.

11         3.  Evaluation, counseling, treatment activities, and

12  other actions to be taken by the parties, if ordered.

13         4.  The persons or entities responsible for supervising

14  or monitoring services to the child and parent.

15         5.  Continuation or discharge of the guardian ad litem

16  or legal counsel for the child, as appropriate. The guardian

17  ad litem or legal counsel for the child may not be discharged

18  pursuant to this section before termination of supervision by

19  the department unless other legal representation is provided

20  for the child. The court may approve a request to withdraw

21  from a Circuit Office of Children's Representation when the

22  court finds that the child no longer needs active

23  representation and the resources of the office are

24  insufficient to provide appropriate representation in other

25  pending cases.

26         6.  The date, time, and location of the next scheduled

27  review hearing, which must occur within the earlier of:

28         a.  Ninety days after the disposition hearing;

29         b.  Ninety days after the court accepts the case plan;

30         c.  Six months after the date of the last review

31  hearing; or

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  1         d.  Six months after the date of the child's removal

  2  from his or her home, if no review hearing has been held since

  3  the child's removal from the home.

  4         7.  If the child is in an out-of-home placement, child

  5  support to be paid by the parents, or the guardian of the

  6  child's estate if possessed of assets which under law may be

  7  disbursed for the care, support, and maintenance of the child.

  8  The court may exercise jurisdiction over all child support

  9  matters, shall adjudicate the financial obligation, including

10  health insurance, of the child's parents or guardian, and

11  shall enforce the financial obligation as provided in chapter

12  61. The state's child support enforcement agency shall enforce

13  child support orders under this section in the same manner as

14  child support orders under chapter 61.  Placement of the child

15  shall not be contingent upon issuance of a support order.

16         8.a.  If the court does not commit the child to the

17  temporary legal custody of an adult relative, legal custodian,

18  or other adult approved by the court, the disposition order

19  shall include the reasons for such a decision and shall

20  include a determination as to whether diligent efforts were

21  made by the department to locate an adult relative, legal

22  custodian, or other adult willing to care for the child in

23  order to present that placement option to the court instead of

24  placement with the department.

25         b.  If diligent efforts are made to locate an adult

26  relative willing and able to care for the child but, because

27  no suitable relative is found, the child is placed with the

28  department or a legal custodian or other adult approved by the

29  court, both the department and the court shall consider

30  transferring temporary legal custody to an adult relative

31  approved by the court at a later date, but neither the

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  1  department nor the court is obligated to so place the child if

  2  it is in the child's best interest to remain in the current

  3  placement.

  4

  5  For the purposes of this subparagraph, "diligent efforts to

  6  locate an adult relative" means a search similar to the

  7  diligent search for a parent, but without the continuing

  8  obligation to search after an initial adequate search is

  9  completed.

10         9.  Other requirements necessary to protect the health,

11  safety, and well-being of the child, to preserve the stability

12  of the child's educational placement, and to promote family

13  preservation or reunification whenever possible.

14         (5)

15         (b)  The results of the assessment described in

16  paragraph (a) and the actions taken as a result of the

17  assessment must be included in the next judicial review of the

18  child. At each subsequent judicial review, the court must be

19  advised in writing of the status of the child's placement,

20  with special reference regarding the stability of the

21  placement and the permanency planning for the child. A copy of

22  this report must be provided to the child and the child's

23  guardian ad litem prior to the judicial review.

24         (8)  The court may enter an order ending its

25  jurisdiction over a child when a child has been returned to

26  the parents, except that provided the court may shall not

27  terminate its jurisdiction or the department's supervision

28  over the child until 6 months after the child's return. The

29  court shall determine whether its jurisdiction should be

30  continued or terminated in such a case after consideration of

31  based on a report of the department or agency, report of or

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  1  the child's guardian ad litem, or any testimony of the child,

  2  and any other relevant factors; if its jurisdiction is to be

  3  terminated, the court shall enter an order to that effect.

  4         Section 22.  Paragraph (a) of subsection (2), paragraph

  5  (d) of subsection (5), paragraphs (b) and (c) of subsection

  6  (6), subsection (7), and paragraphs (a) and (d) of subsection

  7  (8) of section 39.701, Florida Statutes, are amended to read:

  8         39.701  Judicial review.--

  9         (2)(a)  The court shall review the status of the child

10  and shall hold a hearing as provided in this part at least

11  every 6 months until the child reaches permanency status. The

12  court may dispense with the attendance of the child at the

13  hearing upon the child's request or when, based on the child's

14  age, capacity, or other condition, the court determines that

15  the child's attendance would be meaningless, physically

16  dangerous, or emotionally detrimental to the child. The court,

17  but may not dispense with the hearing or the presence of other

18  parties to the review unless before the review a hearing is

19  held before a citizen review panel.

20         (5)  Notice of a judicial review hearing or a citizen

21  review panel hearing, and a copy of the motion for judicial

22  review, if any, must be served by the clerk of the court upon:

23         (d)  The child and guardian ad litem for the child, or

24  the representative of the guardian ad litem program if the

25  program has been appointed.

26

27  Service of notice is not required on any of the persons listed

28  in paragraphs (a)-(f) if the person was present at the

29  previous hearing during which the date, time, and location of

30  the hearing was announced.

31         (6)

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  1         (b)  A copy of the social service agency's written

  2  report and any the written report of the guardian ad litem

  3  must be served on all parties whose whereabouts are known; to

  4  the foster parents or legal custodians; to the child and the

  5  guardian ad litem, unless the guardian ad litem prepared the

  6  report; and to the citizen review panel, at least 72 hours

  7  before the judicial review hearing or citizen review panel

  8  hearing. The requirement for providing parents with a copy of

  9  the written report does not apply to those parents who have

10  voluntarily surrendered their child for adoption or who have

11  had their parental rights to the child terminated.

12         (c)  In a case in which the child has been permanently

13  placed with the social service agency, the agency shall

14  furnish to the court a written report concerning the progress

15  being made to place the child for adoption. If the child

16  cannot be placed for adoption, a report on the progress made

17  by the child towards alternative permanency goals or

18  placements, including, but not limited to, guardianship,

19  long-term custody, long-term licensed custody, or independent

20  living, must be submitted to the court. The report must be

21  submitted to the court and all parties as provided in

22  paragraph (b) at least 72 hours before each scheduled judicial

23  review.

24         (7)  The court and any citizen review panel shall take

25  into consideration the information contained in the social

26  services study and investigation and all medical,

27  psychological, and educational records that support the terms

28  of the case plan; testimony by the social services agency, the

29  parent, the foster parent or legal custodian, the child, the

30  guardian ad litem if one has been appointed for the child, and

31  any other person deemed appropriate; and any relevant and

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  1  material evidence submitted to the court, including written

  2  and oral reports to the extent of their probative value. These

  3  reports and evidence may be received by the court in its

  4  effort to determine the action to be taken with regard to the

  5  child and may be relied upon to the extent of their probative

  6  value, even though not competent in an adjudicatory hearing.

  7  In its deliberations, the court and any citizen review panel

  8  shall seek to determine:

  9         (a)  If the parent was advised of the right to receive

10  assistance from any person or social service agency in the

11  preparation of the case plan.

12         (b)  If the parent has been advised of the right to

13  have counsel present at the judicial review or citizen review

14  hearings. If not so advised, the court or citizen review panel

15  shall advise the parent of such right.

16         (c)  If a guardian ad litem needs to be appointed for

17  the child in a case in which a guardian ad litem has not

18  previously been appointed or if there is a need to continue a

19  guardian ad litem in a case in which a guardian ad litem has

20  been appointed.

21         (c)(d)  The compliance or lack of compliance of all

22  parties with applicable items of the case plan, including the

23  parents' compliance with child support orders.

24         (d)(e)  The compliance or lack of compliance with a

25  visitation contract between the parent and the social service

26  agency for contact with the child, including the frequency,

27  duration, and results of the parent-child visitation and the

28  reason for any noncompliance.

29         (e)(f)  The compliance or lack of compliance of the

30  parent in meeting specified financial obligations pertaining

31

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  1  to the care of the child, including the reason for failure to

  2  comply if such is the case.

  3         (f)(g)  The appropriateness of the child's current

  4  placement, including whether the child is in a setting which

  5  is as family-like and as close to the parent's home as

  6  possible, consistent with the child's best interests and

  7  special needs, and including maintaining stability in the

  8  child's educational placement.

  9         (g)(h)  A projected date likely for the child's return

10  home or other permanent placement.

11         (h)(i)  When appropriate, the basis for the

12  unwillingness or inability of the parent to become a party to

13  a case plan. The court and the citizen review panel shall

14  determine if the efforts of the social service agency to

15  secure party participation in a case plan were sufficient.

16         (8)(a)  Based upon the criteria set forth in subsection

17  (7) and the recommended order of the citizen review panel, if

18  any, the court shall determine whether or not the social

19  service agency shall initiate proceedings to have a child

20  declared a dependent child, return the child to the parent,

21  continue the child in out-of-home care for a specified period

22  of time, or initiate termination of parental rights

23  proceedings for subsequent placement in an adoptive home. The

24  court must determine whether a guardian ad litem or legal

25  counsel needs to be appointed for the child in a case in which

26  a guardian ad litem or legal counsel has not previously been

27  appointed or when there is a need to continue a guardian ad

28  litem or legal counsel in a case in which a guardian ad litem

29  or legal counsel has been appointed. Modifications to the plan

30  must be handled as prescribed in s. 39.601. If the court finds

31  that the prevention or reunification efforts of the department

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  1  will allow the child to remain safely at home or be safely

  2  returned to the home, the court shall allow the child to

  3  remain in or return to the home after making a specific

  4  finding of fact that the reasons for the creation of the case

  5  plan have been remedied to the extent that the child's safety,

  6  well-being, and physical, mental, and emotional health will

  7  not be endangered.

  8         (d)  The court may extend the time limitation of the

  9  case plan, or may modify the terms of the plan, based upon

10  information provided by the social service agency, the child,

11  and the guardian ad litem, if one has been appointed, the

12  parent or parents, and the foster parents or legal custodian,

13  and any other competent information on record demonstrating

14  the need for the amendment. If the court extends the time

15  limitation of the case plan, the court must make specific

16  findings concerning the frequency of past parent-child

17  visitation, if any, and the court may authorize the expansion

18  or restriction of future visitation. Modifications to the plan

19  must be handled as prescribed in s. 39.601. Any extension of a

20  case plan must comply with the time requirements and other

21  requirements specified by this chapter.

22         Section 23.  Paragraph (a) of subsection (3) and

23  subsections (5) and (7) of section 39.801, Florida Statutes,

24  are amended to read:

25         39.801  Procedures and jurisdiction; notice; service of

26  process.--

27         (3)  Before the court may terminate parental rights, in

28  addition to the other requirements set forth in this part, the

29  following requirements must be met:

30         (a)  Notice of the date, time, and place of the

31  advisory hearing for the petition to terminate parental rights

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  1  and a copy of the petition must be personally served upon the

  2  following persons, specifically notifying them that a petition

  3  has been filed:

  4         1.  The parents of the child.

  5         2.  The legal custodians of the child.

  6         3.  If the parents who would be entitled to notice are

  7  dead or unknown, a living relative of the child, unless upon

  8  diligent search and inquiry no such relative can be found.

  9         4.  Any person who has physical custody of the child.

10         5.  Any grandparent entitled to priority for adoption

11  under s. 63.0425.

12         6.  Any prospective parent who has been identified

13  under s. 39.503 or s. 39.803.

14         7.  The child and the guardian ad litem for the child

15  or the representative of the guardian ad litem program, if the

16  program has been appointed.

17

18  The document containing the notice to respond or appear must

19  contain, in type at least as large as the type in the balance

20  of the document, the following or substantially similar

21  language:  "FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY

22  HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL

23  RIGHTS OF THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON

24  THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS

25  A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION

26  ATTACHED TO THIS NOTICE."

27         (5)  All process and orders issued by the court must be

28  served or executed as other process and orders of the circuit

29  court and, in addition, may be served or executed by

30  authorized agents of the department, or the guardian ad litem,

31  or the child.

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  1         (7)  A fee may not be paid for service of any process

  2  or other papers by an agent of the department, or the guardian

  3  ad litem, or the child's legal counsel. If any process,

  4  orders, or other papers are served or executed by any sheriff,

  5  the sheriff's fees must be paid by the county.

  6         Section 24.  Subsection (1) of section 39.802, Florida

  7  Statutes, is amended to read:

  8         39.802  Petition for termination of parental rights;

  9  filing; elements.--

10         (1)  All proceedings seeking an adjudication to

11  terminate parental rights pursuant to this chapter must be

12  initiated by the filing of an original petition by the

13  department, the child through legal counsel appointed pursuant

14  to s. 39.8226, the guardian ad litem,  or any other person who

15  has knowledge of the facts alleged or is informed of them and

16  believes that they are true.

17         Section 25.  Section 39.805, Florida Statutes, is

18  amended to read:

19         39.805  No answer required.--No answer to the petition

20  or any other pleading need be filed by any child, guardian ad

21  litem, or parent, but any matters that which might be set

22  forth in an answer or other pleading may be pleaded orally

23  before the court or filed in writing as any such person may

24  choose. Notwithstanding the filing of any answer or any

25  pleading, the child or parent shall, prior to the adjudicatory

26  hearing, be advised by the court of the right to counsel and

27  shall be given an opportunity to deny the allegations in the

28  petition for termination of parental rights or to enter a plea

29  to allegations in the petition before the court.

30         Section 26.  Subsection (1) of section 39.806, Florida

31  Statutes, is amended to read:

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  1         39.806  Grounds for termination of parental rights.--

  2         (1)  The department, the child through legal counsel

  3  appointed pursuant to s. 39.8226, the guardian ad litem, or

  4  any person who has knowledge of the facts alleged or who is

  5  informed of those facts and believes that they are true may

  6  petition for the termination of parental rights under any of

  7  the following circumstances:

  8         (a)  When the parent or parents have voluntarily

  9  executed a written surrender of the child and consented to the

10  entry of an order giving custody of the child to the

11  department for subsequent adoption and the department is

12  willing to accept custody of the child.

13         1.  The surrender document must be executed before two

14  witnesses and a notary public or other person authorized to

15  take acknowledgments.

16         2.  The surrender and consent may be withdrawn after

17  acceptance by the department only after a finding by the court

18  that the surrender and consent were obtained by fraud or under

19  duress.

20         (b)  Abandonment as defined in s. 39.01(1) or when the

21  identity or location of the parent or parents is unknown and

22  cannot be ascertained by diligent search within 60 days.

23         (c)  When the parent or parents engaged in conduct

24  toward the child or toward other children that demonstrates

25  that the continuing involvement of the parent or parents in

26  the parent-child relationship threatens the life, safety,

27  well-being, or physical, mental, or emotional health of the

28  child irrespective of the provision of services. Provision of

29  services may be evidenced by proof that services were provided

30  through a previous plan or offered as a case plan from a child

31  welfare agency.

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  1         (d)  When the parent of a child is incarcerated in a

  2  state or federal correctional institution and either:

  3         1.  The period of time for which the parent is expected

  4  to be incarcerated will constitute a substantial portion of

  5  the period of time before the child will attain the age of 18

  6  years;

  7         2.  The incarcerated parent has been determined by the

  8  court to be a violent career criminal as defined in s.

  9  775.084, a habitual violent felony offender as defined in s.

10  775.084, or a sexual predator as defined in s. 775.21; has

11  been convicted of first degree or second degree murder in

12  violation of s. 782.04 or a sexual battery that constitutes a

13  capital, life, or first degree felony violation of s. 794.011;

14  or has been convicted of an offense in another jurisdiction

15  which is substantially similar to one of the offenses listed

16  in this paragraph.  As used in this section, the term

17  "substantially similar offense" means any offense that is

18  substantially similar in elements and penalties to one of

19  those listed in this subparagraph, and that is in violation of

20  a law of any other jurisdiction, whether that of another

21  state, the District of Columbia, the United States or any

22  possession or territory thereof, or any foreign jurisdiction;

23  or

24         3.  The court determines by clear and convincing

25  evidence that continuing the parental relationship with the

26  incarcerated parent would be harmful to the child and, for

27  this reason, that termination of the parental rights of the

28  incarcerated parent is in the best interest of the child.

29         (e)  A petition for termination of parental rights may

30  also be filed when a child has been adjudicated dependent, a

31  case plan has been filed with the court, and the child

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  1  continues to be abused, neglected, or abandoned by the

  2  parents. In this case, the failure of the parents to

  3  substantially comply for a period of 12 months after an

  4  adjudication of the child as a dependent child or the child's

  5  placement into shelter care, whichever came first, constitutes

  6  evidence of continuing abuse, neglect, or abandonment unless

  7  the failure to substantially comply with the case plan was due

  8  either to the lack of financial resources of the parents or to

  9  the failure of the department to make reasonable efforts to

10  reunify the parent and child. Such 12-month period may begin

11  to run only after the child's placement into shelter care or

12  the entry of a disposition order placing the custody of the

13  child with the department or a person other than the parent

14  and the approval by the court of a case plan with a goal of

15  reunification with the parent, whichever came first.

16         (f)  When the parent or parents engaged in egregious

17  conduct or had the opportunity and capability to prevent and

18  knowingly failed to prevent egregious conduct that threatens

19  the life, safety, or physical, mental, or emotional health of

20  the child or the child's sibling.

21         1.  As used in this subsection, the term "sibling"

22  means another child who resides with or is cared for by the

23  parent or parents regardless of whether the child is related

24  legally or by consanguinity.

25         2.  As used in this subsection, the term "egregious

26  conduct" means abuse, abandonment, neglect, or any other

27  conduct of the parent or parents that is deplorable, flagrant,

28  or outrageous by a normal standard of conduct. Egregious

29  conduct may include an act or omission that occurred only once

30  but was of such intensity, magnitude, or severity as to

31  endanger the life of the child.

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  1         (g)  When the parent or parents have subjected the

  2  child to aggravated child abuse as defined in s. 827.03,

  3  sexual battery or sexual abuse as defined in s. 39.01, or

  4  chronic abuse.

  5         (h)  When the parent or parents have committed murder

  6  or voluntary manslaughter of another child, or a felony

  7  assault that results in serious bodily injury to the child or

  8  another child, or aided or abetted, attempted, conspired, or

  9  solicited to commit such a murder or voluntary manslaughter or

10  felony assault.

11         (i)  When the parental rights of the parent to a

12  sibling have been terminated involuntarily.

13         Section 27.  Subsection (2) of section 39.807, Florida

14  Statutes, is amended to read:

15         39.807  Right to counsel; guardian ad litem.--

16         (2)(a)  The court shall appoint a guardian ad litem or

17  legal counsel, or both, to represent the best interest of the

18  child in any proceedings for termination of parental rights as

19  provided in s. 39.013 proceedings and shall ascertain at each

20  stage of the proceedings whether a guardian ad litem or legal

21  counsel has been appointed.

22         (b)  The guardian ad litem has the following

23  responsibilities:

24         1.  To investigate the allegations of the petition and

25  any subsequent matters arising in the case and, unless excused

26  by the court, to file a written report. This report must

27  include a statement of the wishes of the child and the

28  recommendations of the guardian ad litem and must be provided

29  to all parties and the court at least 72 hours before the

30  disposition hearing.

31

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  1         2.  To be present at all court hearings unless excused

  2  by the court.

  3         3.  To represent the best interests of the child until

  4  the jurisdiction of the court over the child terminates or

  5  until excused by the court.

  6         (c)  A guardian ad litem is not required to post bond

  7  but shall file an acceptance of the office.

  8         (d)  A guardian ad litem is entitled to receive service

  9  of pleadings and papers as provided by the Florida Rules of

10  Juvenile Procedure.

11         (b)(e)  This subsection does not apply to any voluntary

12  relinquishment of parental rights proceeding.

13         Section 28.  Subsection (2) of section 39.808, Florida

14  Statutes, is amended to read:

15         39.808  Advisory hearing; pretrial status conference.--

16         (2)  At the hearing the court shall inform the parties

17  of their rights under s. 39.807, shall appoint counsel for the

18  parties in accordance with legal requirements, and shall

19  appoint a guardian ad litem or legal counsel to represent the

20  interests of the child if one has not already been appointed.

21         Section 29.  Subsections (10) and (11) of section

22  39.810, Florida Statutes, are amended to read:

23         39.810  Manifest best interests of the child.--In a

24  hearing on a petition for termination of parental rights, the

25  court shall consider the manifest best interests of the child.

26  This consideration shall not include a comparison between the

27  attributes of the parents and those of any persons providing a

28  present or potential placement for the child. For the purpose

29  of determining the manifest best interests of the child, the

30  court shall consider and evaluate all relevant factors,

31  including, but not limited to:

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  1         (10)  The expressed interests reasonable preferences

  2  and wishes of the child, if the court deems the child to be of

  3  sufficient intelligence, understanding, and experience to

  4  express a preference.

  5         (11)  Any information related to subsections (1)

  6  through (10) which is provided by the guardian ad litem and,

  7  when requested by the court, any The recommendations for the

  8  child provided by the child's guardian ad litem or legal

  9  representative.

10         Section 30.  Subsections (1) and (9) of section 39.811,

11  Florida Statutes, are amended to read:

12         39.811  Powers of disposition; order of disposition.--

13         (1)  If the court finds that the grounds for

14  termination of parental rights have not been established by

15  clear and convincing evidence, the court shall:

16         (a)  If grounds for dependency have been established,

17  adjudicate or readjudicate the child dependent and:

18         1.  Enter an order placing or continuing the child in

19  out-of-home care under a case plan; or

20         2.  Enter an order returning the child to the parent or

21  parents. The court shall retain jurisdiction over a child

22  returned to the parent or parents for a period of 6 months,

23  but, at that time, based on a report of the social service

24  agency, information provided by the child and the guardian ad

25  litem, if appointed, and any other relevant factors, the court

26  shall make a determination as to whether its jurisdiction

27  shall continue or be terminated.

28         (b)  If grounds for dependency have not been

29  established, dismiss the petition.

30         (9)  After termination of parental rights, the court

31  shall retain jurisdiction over any child for whom custody is

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  1  given to a social service agency until the child is adopted.

  2  The court shall review the status and, pursuant to s.

  3  39.701(8)(a), the appropriateness of the child's placement and

  4  the progress being made toward permanent adoptive placement.

  5  As part of this continuing jurisdiction, for good cause shown

  6  by the guardian ad litem for the child or by the child, the

  7  court may review the appropriateness of the adoptive placement

  8  of the child.

  9         Section 31.  Section 39.820, Florida Statutes, is

10  amended to read:

11         39.820  Definitions.--As used in the Florida Statutes

12  this part, the term:

13         (1)  "Guardian ad litem" as referred to in any civil or

14  criminal proceeding includes the following: a Circuit Office

15  of Children's Representation as represented by the staff or

16  volunteers appointed by the Circuit Office of Children's

17  Representation to provide the best-interest representation to

18  the child, certified guardian ad litem program, a duly

19  certified volunteer, a staff attorney, contract attorney, or

20  certified pro bono attorney working on behalf of a guardian ad

21  litem or the program; staff members of a program office; a

22  court-appointed attorney; or a responsible adult who is

23  appointed by the court to represent the best interests of a

24  child in a proceeding as provided for by law, including, but

25  not limited to, this chapter, who is a party to any judicial

26  proceeding as a representative of the child, and who serves

27  until discharged by the court.

28         (2)  "Guardian advocate" means a person appointed by

29  the court to act on behalf of a drug dependent newborn

30  pursuant to the provisions of this part.

31

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  1         Section 32.  Section 39.821, Florida Statutes, is

  2  amended to read:

  3         39.821  Qualifications of guardians ad litem.--

  4         (1)  Because of the special trust or responsibility

  5  placed in a guardian ad litem and the staff of the Circuit

  6  Office of Children's Representation representing children in

  7  proceedings under chapter 39, the Circuit Office of Children's

  8  Representation Guardian Ad Litem Program may use any private

  9  funds collected by the program, or any state funds so

10  designated, to conduct a security background investigation

11  before certifying a volunteer or staff member to serve. A

12  security background investigation must include, but need not

13  be limited to, employment history checks, checks of

14  references, local criminal records checks through local law

15  enforcement agencies, and statewide criminal records checks

16  through the Department of Law Enforcement. Upon request, an

17  employer shall furnish a copy of the personnel record for the

18  employee or former employee who is the subject of a security

19  background investigation conducted under this section. The

20  information contained in the personnel record may include, but

21  need not be limited to, disciplinary matters and the reason

22  why the employee was terminated from employment. An employer

23  who releases a personnel record for purposes of a security

24  background investigation is presumed to have acted in good

25  faith and is not liable for information contained in the

26  record without a showing that the employer maliciously

27  falsified the record. A security background investigation

28  conducted under this section must ensure that a person is not

29  certified as a guardian ad litem or hired as a staff member of

30  a Circuit Office of Children's Representation to represent

31  children in proceedings under chapter 39 if the person has

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  1  been convicted of, regardless of adjudication, or entered a

  2  plea of nolo contendere or guilty to, any offense prohibited

  3  under the provisions of the Florida Statutes specified in s.

  4  435.04(2) or under any similar law in another jurisdiction.

  5  Before certifying an applicant to serve as a guardian ad litem

  6  or as a staff member of a Circuit Office of Children's

  7  Representation to represent children in proceedings under

  8  chapter 39, the Circuit Office of Children's Representation

  9  chief judge of the circuit court may request a federal

10  criminal records check of the applicant through the Federal

11  Bureau of Investigation. In analyzing and evaluating the

12  information obtained in the security background investigation,

13  the office program must give particular emphasis to past

14  activities involving children, including, but not limited to,

15  child-related criminal offenses or child abuse. The office

16  program has the sole discretion in determining whether to

17  certify a person based on his or her security background

18  investigation. The information collected pursuant to the

19  security background investigation is confidential and exempt

20  from s. 119.07(1).

21         (2)  This section does not apply to a certified

22  guardian ad litem who was certified before October 1, 1995, an

23  attorney who is a member in good standing of The Florida Bar,

24  or a licensed professional who has undergone a comparable

25  security background investigation as a condition of licensure

26  within 5 years before of applying for certification as a

27  guardian ad litem or as a staff member of a Circuit Office of

28  Children's Representation representing children in proceedings

29  under chapter 39.

30         (3)  It is a misdemeanor of the first degree,

31  punishable as provided in s. 775.082 or s. 775.083, for any

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  1  person to willfully, knowingly, or intentionally fail, by

  2  false statement, misrepresentation, impersonation, or other

  3  fraudulent means, to disclose in any application for a

  4  volunteer position or for paid employment with a Circuit

  5  Office of Children's Representation to represent children in

  6  proceedings under chapter 39 the Guardian Ad Litem Program,

  7  any material fact used in making a determination as to the

  8  applicant's qualifications for such position.

  9         Section 33.  Section 39.822, Florida Statutes, is

10  amended to read:

11         39.822  Appointment of guardian ad litem for abused,

12  abandoned, or neglected child.--

13         (1)  A guardian ad litem for a child must be a

14  representative of a Circuit Office of Children's

15  Representation, must be an individual investigated by the

16  Circuit Office of Children's Representation and appointed by

17  the court for one specific case, or must be an attorney who is

18  a member in good standing of The Florida Bar. Before

19  appointing an individual under this chapter, the court shall

20  request the Circuit Office of Children's Representation to

21  conduct a security background investigation as provided in s.

22  39.821. A guardian ad litem who is not an attorney and who is

23  investigated for the limited representation in a case must be

24  represented by legal counsel in all proceedings related to the

25  child. shall be appointed by the court at the earliest

26  possible time to represent the child in any child abuse,

27  abandonment, or neglect judicial proceeding, whether civil or

28  criminal. Any person participating in a civil or criminal

29  judicial proceeding resulting from such appointment shall be

30  presumed prima facie to be acting in good faith and in so

31

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  1  doing shall be immune from any liability, civil or criminal,

  2  that otherwise might be incurred or imposed.

  3         (2)  In those cases in which the parents are

  4  financially able, the parent or parents of the child shall pay

  5  reimburse the court, in part or in whole, for the cost of

  6  provision of guardian ad litem services and legal services.

  7  Reimbursement for services contracted through a Circuit Office

  8  of Children's Representation to the individual providing

  9  guardian ad litem services shall not be contingent upon

10  successful collection by the court from the parent or parents.

11         (3)  When a child and the child's parents are indigent

12  under s. 27.52, the Circuit Office of Children's

13  Representation shall be appointed to represent the child.

14         (4)(3)  In proceedings under this chapter, the guardian

15  ad litem or the program representative of the Circuit Office

16  of Children's Representation shall review all disposition

17  recommendations and changes in placements, and must be present

18  at all critical stages of the dependency proceeding and shall

19  or submit a written report of findings in proceedings to

20  determine dependency and to terminate parental rights and may

21  submit a report of findings in other proceedings and when

22  requested by the court, the guardian ad litem may submit

23  recommendations to the court. Written reports must be filed

24  with the court and served on all parties whose whereabouts are

25  known at least 72 hours prior to the hearing.

26         Section 34.  Section 39.8225, Florida Statutes, is

27  created to read:

28         39.8225  Guardians ad litem; powers, duties, and

29  authority.--

30

31

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  1         (1)  A guardian ad litem shall act in the child's best

  2  interest, advocate for the child, and take appropriate action

  3  to protect the best interest of the child.

  4         (2)  In an action brought pursuant to the Florida Rules

  5  of Juvenile Procedure for dependency proceedings, the guardian

  6  ad litem shall represent the best interest of the child after

  7  investigating the allegations in the pleadings and the needs

  8  of the child, after discussing the allegations with the child

  9  and legal counsel, and after giving significant weight to the

10  expressed interests of the child. The guardian ad litem, other

11  than a representative of a Circuit Office of Children's

12  Representation, must be represented by an attorney.

13         (3)  The guardian ad litem shall investigate the

14  allegations in the pleadings and the needs of the child for

15  the case and the guardian ad litem, in his or her

16  investigation, shall:

17         (a)  Visit and when possible discuss the case with the

18  child.

19         (b)  When appropriate for the representation, observe

20  the child's interactions with parents, siblings, or foster

21  parents; observe the child's family placement or proposed

22  permanent placement when there is one; and, when appropriate,

23  observe his or her socialization skills at school or other

24  care facilities.

25         (c)  Conduct interviews with persons involved with the

26  child or related to the case, including, but not limited to,

27  when appropriate for the representation, an interview with the

28  child's parent, guardian, custodian, teacher, or foster

29  family; medical professionals treating or evaluating the

30  child; other caretakers or proposed adoptive parents; staff

31  members of the Department of Children and Family Services or

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  1  the Department of Juvenile Justice; law enforcement personnel

  2  who are involved in the case; and any other person whom the

  3  guardian ad litem and the attorney determines appropriate.

  4         (d)  Obtain the legal, social, medical, or

  5  psychological reports relevant to understanding the facts of

  6  the case and the status and conditions of the child and other

  7  participants in the proceeding. However, the attorney client

  8  privilege and the work-product privilege may be claimed by

  9  legal counsel on behalf of their clients.

10         (4)  The guardian ad litem and the attorney shall

11  consult with the child before any hearing, court appearance,

12  or other proceeding unless the court has excused the child's

13  presence in court pursuant to court order under 39.01(51). If

14  the child is of an age and capacity to understand, the

15  proceeding must be explained to the child in language

16  appropriate to the child's age, education, and comprehension

17  ability, and the child shall be offered the opportunity to

18  attend the proceeding.

19         (5)  Before each hearing, the guardian ad litem shall

20  discuss with legal counsel information on all observations,

21  documentation obtained, and factual information the guardian

22  ad litem believes that the court should have in order to make

23  a best-interest determination for the child regarding the

24  issues before the court. If a Circuit Office of Children's

25  Representation is providing representation, the information

26  may be discussed with representatives of the office, as

27  required by office procedures. After reviewing the information

28  and consulting with the child and, when appropriate, with

29  staff members of the Circuit Office of Children's

30  Representation, the attorney and the guardian ad litem shall

31  determine the best manner in which to provide the court with

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  1  all information necessary for the court to know the child,

  2  know the expressed interests of the child, and determine what

  3  is in the best interest of the child. In every case the court

  4  must be informed of the expressed interest of the child

  5  related to the proceeding. When the law requires a written

  6  report, the guardian ad litem and counsel shall provide the

  7  information to the court as required by law. 

  8         (6)  If a written report is not required to include

  9  recommendations, the guardian ad litem must be prepared to

10  present the court with a recommendation as to the best

11  interest of the child based on what the child would want if he

12  or she could, using adult judgment and knowledge, evaluate the

13  available information and make a request to the court.

14         (7)  When a guardian ad litem is appointed, the court

15  may issue an order directing persons and entities contacted by

16  the guardian ad litem to allow the guardian ad litem to

17  inspect and copy any documents related to the child, the

18  child's parents, or other custodial persons or any household

19  member with whom the child resided, currently resides, or is

20  proposed to reside or any person who is otherwise related to

21  the allegation in the pleadings. The guardian ad litem,

22  through counsel, may also petition the court for an order

23  directed to a specified person, agency, or organization,

24  including, but not limited to, a hospital, medical doctor,

25  dentist, psychologist, or psychiatrist, which order directs

26  that the guardian ad litem be allowed to inspect and copy any

27  records or documents that relate to the minor child, the

28  child's parent or other custodial person, or any household

29  member with whom the child resides. An order based on a

30  petition shall be obtained only after notice to all parties

31  and a hearing thereon.

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  1         (8)  The guardian ad litem shall submit his or her

  2  report to the court, if a report is to be submitted, regarding

  3  any stipulation or agreement, whether incidental, temporary,

  4  or permanent, which affects the interest or welfare of the

  5  minor child, within 10 days after the date the stipulation or

  6  agreement is served upon the guardian ad litem or as directed

  7  by the court.

  8         (9)  The guardian ad litem, through counsel, may

  9  request the court to order an expert examination of the child,

10  the child's parent, or any other interested party by a medical

11  doctor, dentist, or other health care provider, including a

12  psychiatrist, psychologist, or other mental health

13  professional.

14         (10)  The guardian ad litem may, unless a report is

15  otherwise required by law, file a written report that may

16  include recommendations and shall include any expressed

17  interests of the child. When a report is filed, it must be

18  filed and served on all parties at least 20 days before the

19  hearing at which it will be presented, unless the court waives

20  the time limit or the law requiring the report specifies a

21  different time.

22         (11)  The guardian ad litem must be provided with

23  copies of all pleadings, notices, and other documents filed in

24  the action and is entitled to reasonable notice before any

25  action affecting the child is taken by any of the parties,

26  their counsel, or the court.

27         (12)  A guardian ad litem, acting through counsel,

28  shall actively file any pleadings, motions, or petitions for

29  relief which the guardian ad litem considers appropriate or

30  necessary in furtherance of the guardian's representation of

31  the child. The guardian ad litem, through counsel, is entitled

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  1  to be present and to participate in all depositions, hearings,

  2  and other proceedings in the action, and, through counsel, may

  3  compel the attendance of witnesses.

  4         (13)  The duties and rights of a nonattorney guardian

  5  ad litem does not include the right to practice law.

  6         (14)  A guardian ad litem is not required to post bond

  7  but shall file an acceptance of the office.

  8         (15)  A guardian ad litem is entitled to receive

  9  service of pleadings and papers as provided by the Florida

10  Rules of Procedure applicable to the case.

11         Section 35.  Section 39.8226, Florida Statutes, is

12  created to read:

13         39.8226  Legal counsel for a child.--

14         (1)  The court may appoint counsel to represent the

15  expressed interest of a child, in lieu of or in addition to a

16  guardian ad litem, in any dependency case related to the

17  child, if the court determines that the child is of an age and

18  capacity to participate in his or her representation and the

19  child or the child's parents or guardian can pay for the

20  representation.

21         (2)(a)  If a Circuit Office of Children's

22  Representation has been appointed to represent the child, the

23  court may appoint counsel to represent the expressed interest

24  of a child, in lieu of or in addition to a guardian ad litem,

25  only if the court finds that the child is of an age and

26  capacity to participate in his or her representation and

27  either the expressed interests of the child and the

28  best-interest representation by the guardian ad litem do not

29  coincide or the complexity of the pending case or other legal

30  actions suggest that representation for the child is

31  appropriate.

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  1         (b)  If the guardian ad litem's best-interest

  2  representation and the expressed interests of the child do not

  3  coincide, the Circuit Office of Children's Representation must

  4  petition the court for a review to determine whether the

  5  provisions of paragraph (a) have been met, whether the child

  6  wants independent counsel and whether the child wants or it is

  7  appropriate or required under the law for a guardian ad litem

  8  to continue to represent the best interest of the child in

  9  some or all issues.

10         (3)  Upon petition of the Circuit Office of Children's

11  Representation, the court may appoint independent counsel to

12  represent the child in collateral issues if the office does

13  not have the expertise to provide appropriate representation.

14  The petition must address whether the guardian ad litem will

15  continue to represent the best interest of the child in any or

16  all proceedings.

17         Section 36.  Section 39.84, Florida Statutes, is

18  created to read:

19         39.84  Guardians ad litem; confidentiality.--The

20  guardian ad litem shall maintain as confidential all

21  information and documents received from any source and may not

22  disclose such information or documents except, as provided by

23  law or Florida rules of evidence and procedure, in testimony

24  or a report to the court. When a report is filed with the

25  court, it must be served upon the parties to the action and

26  their counsel or as directed by the court.

27         Section 37.  Section 39.86, Florida Statutes, is

28  created to read:

29         39.86  Guardians ad litem and psychologists;

30  immunity.--Any person participating in a judicial proceeding

31  as a guardian ad litem, as staff or a volunteer representing

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  1  the Circuit Office of Children's Representation in a

  2  proceeding under this chapter, or a court-appointed

  3  psychologist shall be presumed prima facie to be acting in

  4  good faith, and, in so doing, shall be immune from any

  5  liability, civil or criminal, that otherwise might be incurred

  6  or imposed.

  7         Section 38.  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 the Statewide Public Guardianship Office for expenditure to

14  represent children in dependency proceeding the 26 U.S.C. s.

15  501(c)(3) organization specified by the guardian ad litem

16  program or to a domestic violence shelter as specified

17  annually on a rotating basis by the clerk of court in the

18  circuit for the juror's county of residence. The funds

19  collected may not reduce or offset the amount of compensation

20  that the guardian ad litem program or domestic violence

21  shelter would otherwise receive from the state. The clerk of

22  court shall ensure that all jurors are given written notice at

23  the conclusion of their service that they have the option to

24  so donate their compensation, and that the applicable program

25  specified by the guardian ad litem program or a domestic

26  violence shelter receives all funds donated by the jurors.

27  Any guardian ad litem program receiving donations of juror

28  compensation must expend such moneys on services for children

29  for whom guardians ad litem have been appointed.

30         Section 39.  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.  The Director of the Statewide Public Guardianship

25  Office A representative of the Guardian Ad Litem Program,

26  appointed by the Governor;

27         9.  A representative of a child welfare lead agency for

28  community-based care, appointed by the Governor;

29         10.  A representative of an elder care lead agency for

30  community-based care, appointed by the Governor;

31

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  1         11.  A representative of a statewide child advocacy

  2  organization, appointed by the Governor;

  3         12.  One consumer caregiver for children, appointed by

  4  the Governor;

  5         13.  One person over the age of 60 years to represent

  6  the interests of elders, appointed by the Governor;

  7         14.  One person under the age of 18 years to represent

  8  the interests of children, appointed by the Governor; and

  9         15.  One consumer caregiver for a functionally impaired

10  elderly person, appointed by the Governor.

11         Section 40.  Subsection (12) of section 985.308,

12  Florida Statutes, is amended to read:

13         985.308  Juvenile sexual offender commitment programs;

14  sexual abuse intervention networks.--

15         (12)  Membership of a sexual abuse intervention network

16  shall include, but is not limited to, representatives from:

17         (a)  Local law enforcement agencies;

18         (b)  Local school boards;

19         (c)  Child protective investigators;

20         (d)  The office of the state attorney;

21         (e)  The office of the public defender;

22         (f)  The juvenile division of the circuit court;

23         (g)  Professionals licensed under chapter 458, chapter

24  459, s. 490.0145, or s. 491.0144 providing treatment for

25  juvenile sexual offenders or their victims;

26         (h)  The Statewide Public Guardianship Office guardian

27  ad litem program;

28         (i)  The Department of Juvenile Justice; and

29         (j)  The Department of Children and Family Services.

30         Section 41.  This act shall take effect October 1,

31  2002.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                           CS/CS/SB 686

  3

  4  Provides that counties are to continue to fund the existing
    elements of the guardian ad litem offices when they become
  5  Circuit Offices of Children's Representation until such time
    as the Legislature expressly assumes responsibility for
  6  funding.

  7  Provides that the court may approve a request to withdraw from
    a Circuit Office of Children's Representation when the court
  8  finds that the child no longer needs active representation and
    the resources of the office are insufficient to provide
  9  appropriate representation in other pending cases.

10  Deletes language that allowed the court to determine if the
    current placement of the child was appropriate to protect the
11  child's safety; well-being; and physical, mental and,
    emotional health.
12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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