Senate Bill sb0686e2

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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  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 and Children's

  6         Representation Office; renaming each guardian

  7         ad litem office as a Circuit Office of

  8         Children's Representation; providing for a

  9         study to determine the organizational placement

10         of the Statewide Public Guardianship and

11         Children's Representation Office and Circuit

12         Children's Representation Offices with

13         recommendations to the Legislature by a

14         specified date; providing for county funding of

15         program elements; amending s. 25.388, F.S.;

16         including the Statewide Public Guardianship and

17         Children's Representation Office as recipients

18         of moneys from the Family Courts Trust Funds;

19         amending s. 744.701, F.S.; redesignating the

20         Public Guardianship Act as the "Public

21         Guardianship and Children's Representation

22         Act"; amending s. 744.702, F.S.; providing

23         legislative intent with respect to children

24         involved in dependency proceedings and

25         incapacitated persons; amending s. 744.7021,

26         F.S.; establishing the Statewide Public

27         Guardianship and Children's Representation

28         Office within the Department of Elderly

29         Affairs; providing a term of office and

30         qualifications for the executive director;

31         providing for appointment of deputy directors;


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1         providing qualifications for deputy directors;

  2         requiring the Statewide Public Guardianship and

  3         Children's Representation Office to establish

  4         standards for the representation of children;

  5         requiring an annual report to the Legislature;

  6         requiring the office to establish a Circuit

  7         Office of Children's Representation in each

  8         judicial circuit; authorizing the circuit

  9         offices to provide and coordinate the provision

10         of legal services for children when private

11         representation is unavailable; requiring the

12         circuit offices to provide representation for

13         children in dependency proceedings; providing

14         for appointing a lay representative and an

15         attorney to represent the best interest of the

16         child; authorizing the Statewide Public

17         Guardianship and Children's Representation

18         Office or the Circuit Offices of Children's

19         Representation to establish a nonprofit

20         organization to assist in funding the services

21         provided to children; amending ss. 744.703,

22         744.706, 744.707, 744.708, 744.7081, 400.148,

23         F.S., relating to the office of public

24         guardian, budget, procedures and rules, reports

25         and standards, access to records, and Medicaid

26         contracts; conforming provisions to changes

27         made by the act; amending s. 27.51, F.S.;

28         authorizing a public defender to enter into an

29         agreement for representation of a child in a

30         dependency proceeding; amending s. 39.001,

31         F.S.; requiring the Statewide Public


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1         Guardianship and Children's Representation

  2         Office to participate in revising the statewide

  3         plan to prevent abuse, abandonment, and neglect

  4         of children; requiring that the Circuit Offices

  5         of Children's Representation participate in

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

  7         redefining the term "party" to include, under

  8         certain circumstances, a guardian ad litem;

  9         limiting a child's right to file documents;

10         providing for notice to a party; providing for

11         excusing a child from appearing in court;

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

13         representation of children in proceedings under

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

15         authorizing access to records by the guardian

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

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

18         litem or legal counsel of reports of

19         institutional child abuse, neglect, or

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

21         providing for the Statewide Public Guardianship

22         and Children's Representation Office to

23         participate in developing the model plan for

24         intervention and treatment in certain

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

26         providing for notice of and representation for

27         a child at a shelter hearing; providing for

28         continuance of the hearing in order for the

29         child to obtain representation; amending s.

30         39.407, F.S.; authorizing legal counsel to

31         represent a child placed in residential


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1         treatment; requiring that notice and

  2         information regarding the child's treatment be

  3         provided to the child's guardian ad litem and

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

  5         requiring that the child, the guardian ad

  6         litem, or legal counsel participate in

  7         developing a case plan; providing for the right

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

  9         providing for appointment of a guardian ad

10         litem or legal counsel; repealing s. 39.4086,

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

12         appointing attorneys ad litem for dependent

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

14         for notice and service of process on legal

15         counsel or guardian ad litem; amending s.

16         39.504, F.S.; authorizing the child's guardian

17         ad litem or attorney to file for an injunction

18         to prevent child abuse or an unlawful sexual

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

20         that the guardian ad litem need not file an

21         answer to a petition or pleading; amending s.

22         39.510, F.S.; authorizing the representative of

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

24         39.521, F.S.; requiring that a case plan and

25         certain reports be provided to specified

26         parties; limiting discharge of a guardian ad

27         litem or legal counsel unless other

28         representation is provided to a child;

29         authorizing approval of withdrawal request;

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

31         to dismiss a child from a judicial review


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1         hearing; requiring that notice be provided to

  2         the child and legal counsel; requiring service

  3         of reports on specified parties; requiring the

  4         court to determine whether a child needs a

  5         guardian ad litem or attorney; amending s.

  6         39.801, F.S.; requiring that notice of a

  7         petition be served on a child; exempting a

  8         child's legal counsel from payment of fees for

  9         service of process or other papers; amending s.

10         39.802, F.S.; providing for a child through

11         legal counsel to file a petition for

12         termination of parental rights; amending s.

13         39.805, F.S.; providing that a guardian ad

14         litem need not file an answer; amending s.

15         39.806, F.S.; providing requirements for a

16         child in filing a petition for termination of

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

18         providing requirements for the representation

19         provided to a child by the guardian ad litem or

20         legal counsel; eliminating provisions related

21         to posting of a bond and service on a guardian

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

23         for appointment of legal counsel following a

24         petition to terminate parental rights; amending

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

26         consider the expressed interest of the child in

27         a hearing on a petition to terminate parental

28         rights; providing that the court must consider

29         information related to best-interest

30         requirements provided by a guardian ad litem;

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


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1         court consider information provided by the

  2         child or the guardian ad litem in determining

  3         whether to retain jurisdiction over a dependent

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

  5         definition of the term "guardian ad litem" to

  6         eliminate references to the guardian ad litem

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

  8         qualifications for guardians ad litem and staff

  9         members of the Circuit Office of Children's

10         Representation providing representation to

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

12         who may be a guardian ad litem; providing for

13         appointment of the Circuit Office of Children's

14         Representation when the child and parents are

15         indigent; requiring background checks of

16         specified guardians ad litem; creating s.

17         39.8225, F.S.; providing powers and duties of a

18         guardian ad litem; requiring that a guardian ad

19         litem represent the child's best interest;

20         requiring that a guardian ad litem investigate

21         allegations in a pleading filed; providing

22         requirements for conducting an investigation;

23         requiring that the guardian ad litem and

24         attorney consult with the child; requiring a

25         report; providing for attorney review of the

26         report and presentation to the court; requiring

27         that the court be informed of the expressed

28         interest of the child; authorizing the court to

29         issue a blanket order for the guardian ad litem

30         to obtain information; authorizing the guardian

31         ad litem to petition the court to issue orders;


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1         providing for notice of written reports to all

  2         parties; requiring that the guardian ad litem

  3         file certain pleadings through counsel;

  4         creating s. 39.84, F.S.; providing for

  5         confidentiality; creating s. 39.86, F.S.;

  6         providing immunity for a guardian ad litem,

  7         staff or volunteer in a Circuit Office of

  8         Children's Representation, and a

  9         court-appointed psychologist; creating s.

10         39.8226, F.S.; providing for appointment of

11         legal counsel for a child; requiring that the

12         court determine capacity of a child before

13         appointing legal counsel; providing for

14         appointment of legal counsel when the Circuit

15         Office of Children's Representation is

16         providing representation; authorizing the

17         Circuit Office of Children's Representation to

18         petition for appointment of counsel; amending

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

20         jurors to be used to fund the representation of

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

22         and related proceedings; amending s. 215.5601,

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

24         Statewide Public Guardianship and Children's

25         Representation Office rather than the director

26         of the guardian ad litem program to be a member

27         of the Lawton Chiles Endowment Fund Advisory

28         Council; amending s. 985.308, F.S.;

29         substituting the Statewide Public Guardianship

30         and Children's Representation Office for the

31         guardian ad litem program on the membership of


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1         a sexual abuse intervention network; reenacting

  2         ss. 39.3035, 39.202, F.S., relating to child

  3         advocacy centers and adjudicatory hearings, to

  4         incorporate the amendment to s. 39.202, F.S.,

  5         in references thereto; reenacting s. 63.052,

  6         F.S., relating to the designation of guardians,

  7         to incorporate the amendment to 39.701, F.S.,

  8         in references thereto; reenacting s. 984.03,

  9         F.S., relating to probation and community

10         control, to incorporate the amendment to s.

11         39.402, F.S., in references thereto; providing

12         an effective date.

13

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

15

16         Section 1.  The guardian ad litem program is

17  transferred to the Statewide Public Guardianship and

18  Children's Representation Office, and each circuit guardian ad

19  litem office is renamed as the Circuit Office of Children's

20  Representation.

21         Section 2.  The Statewide Public Guardianship and

22  Children's Representation Office, in consultation with

23  appropriate parties, including the judicial branch, Office of

24  the Governor, Attorney General, and a representative of the

25  Justice Administrative Commission, shall study the

26  organizational placement of the Statewide Public Guardianship

27  and Children's Representation Office, including the Deputy

28  Director and related staff and the Circuit Offices of

29  Children's Representation, and shall make recommendations

30  regarding the placement to the Legislature by February 1,

31  2003.


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  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 and Children's Representation

  9  Office. The counties shall continue to fund those existing

10  elements of the guardian ad litem offices when the offices

11  become Circuit Offices of Children's Representation.  Such

12  funding shall be consistent with current practice including

13  providing for additions to office staffing until the

14  Legislature expressly assumes the responsibility for funding

15  such elements.

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

17  Statutes, is amended to read:

18         25.388  Family Courts Trust Fund.--

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

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

21  to implement family court plans in all judicial circuits of

22  this state.

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

24  Courts Administrator, shall adopt a comprehensive plan for the

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

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

27  comprehensive integrated response to families in litigation,

28  including domestic violence matters, the Statewide Public

29  Guardianship and Children's Representation Office's

30  representation of children in dependency proceedings guardian

31  ad litem programs, mediation programs, legal support,


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  training, automation, and other related costs incurred to

  2  benefit the citizens of the state and the courts in relation

  3  to family law cases. The trust fund shall be used to fund the

  4  publication of the handbook created pursuant to s. 741.0306.

  5         Section 5.  Section 744.701, Florida Statutes, is

  6  amended to read:

  7         744.701  Short title.--This act shall be known and may

  8  be cited as the "Public Guardianship and Children's

  9  Representation Act."

10         Section 6.  Section 744.702, Florida Statutes, is

11  amended to read:

12         744.702  Legislative intent.--The Legislature finds

13  that children involved in dependency proceedings and

14  incapacitated persons are the state's most vulnerable

15  residents.

16         (1)  If a minor child is a party to a dependency

17  proceeding, every effort should be made to ensure that the

18  child has representation through a guardian ad litem or legal

19  counsel. If the child and the child's parents are indigent,

20  the state should ensure that the child is protected in

21  dependency proceedings. One of the purposes of this part is to

22  ensure that the rights and interests of a child who is a party

23  to a dependency proceeding are protected when those rights and

24  interests are not otherwise represented.

25         (2)  The Legislature finds that private guardianship

26  for an incapacitated person is inadequate where there is no

27  willing and responsible family member or friend, other person,

28  bank, or corporation available to serve as guardian for an

29  incapacitated person, and such person does not have adequate

30  income or wealth for the compensation of a private guardian.

31  The Legislature intends through this act to establish the


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  Statewide Public Guardianship and Children's Representation

  2  Office, and permit the establishment of offices of public

  3  guardian for the purpose of providing guardianship services

  4  for incapacitated persons when no private guardian is

  5  available. The Legislature further finds that alternatives to

  6  guardianship and less intrusive means of assistance should

  7  always be explored, including, but not limited to, guardian

  8  advocates, before an individual's rights are removed through

  9  an adjudication of incapacity.  The purpose of this

10  legislation is to provide a public guardian only to those

11  persons whose needs cannot be met through less drastic means

12  of intervention.

13         Section 7.  Section 744.7021, Florida Statutes, is

14  amended to read:

15         744.7021  Statewide Public Guardianship and Children's

16  Representation Office.--There is hereby created the Statewide

17  Public Guardianship and Children's Representation Office

18  within the Department of Elderly Affairs. The Department of

19  Elderly Affairs shall provide administrative support and

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

21  director within the available resources of the department. The

22  Statewide Public Guardianship and Children's Representation

23  Office may request the assistance of the Inspector General of

24  the Department of Elderly Affairs in providing auditing

25  services, and the Office of General Counsel of the department

26  may provide assistance in rulemaking and other matters as

27  needed to assist the Statewide Public Guardianship and

28  Children's Representation Office. The Statewide Public

29  Guardianship and Children's Representation Office shall not be

30  subject to control, supervision, or direction by the

31


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  Department of Elderly Affairs in the performance of its

  2  duties.

  3         (1)  The head of the Statewide Public Guardianship and

  4  Children's Representation Office is the executive director,

  5  who shall be appointed by the Governor for a term of 3 years

  6  and who shall report to the Governor. The executive director

  7  must be a licensed attorney who has experience in managing

  8  legal services or similar management experience. The executive

  9  director shall appoint a deputy director of the Children's

10  Representation Program and a deputy director of the Statewide

11  Public Guardianship Program. The deputy director of the

12  Children's Representation Program must be a licensed attorney

13  who is knowledgeable in dependency law and has experience in

14  managing the provision of legal services. The deputy director

15  of the Statewide Public Guardianship Program must be a

16  licensed attorney with a background in guardianship law and

17  knowledge of social services available to meet the needs of

18  incapacitated persons., shall serve on a full-time basis, and

19  shall personally, or through representatives of the office,

20  carry out the purposes and functions of the Statewide Public

21  Guardianship Office in accordance with state and federal law.

22  The executive director shall serve at the pleasure of and

23  report to the Governor.

24         (2)  The Statewide Public Guardianship and Children's

25  Representation Office shall, within available resources, have

26  oversight responsibilities for all public guardians.

27         (a)  The office shall review the current public

28  guardian programs in Florida and other states.

29         (b)  The office, in consultation with local

30  guardianship offices, shall develop statewide performance

31  measures and standards.


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1         (c)  The office shall review the various methods of

  2  funding guardianship programs, the kinds of services being

  3  provided by such programs, and the demographics of the wards.

  4  In addition, the office shall review and make recommendations

  5  regarding the feasibility of recovering a portion or all of

  6  the costs of providing public guardianship services from the

  7  assets or income of the wards.

  8         (d)  No later than October 1, 2000, the office shall

  9  submit to the Governor, the President of the Senate, the

10  Speaker of the House of Representatives, and the Chief Justice

11  of the Supreme Court an interim report describing the progress

12  of the office in meeting the goals as described in this

13  section. No later than October 1, 2001, the office shall

14  submit to the Governor, the President of the Senate, the

15  Speaker of the House of Representatives, and the Chief Justice

16  of the Supreme Court a proposed public guardianship plan

17  including alternatives for meeting the state's guardianship

18  needs. This plan may include recommendations for less than the

19  entire state, may include a phase-in system, and shall include

20  estimates of the cost of each of the alternatives. Each year

21  thereafter, the office shall provide a status report and

22  provide further recommendations to address the need for public

23  guardianship services and related issues.

24         (e)  The office may provide assistance to local

25  governments or entities in pursuing grant opportunities. The

26  office shall review and make recommendations in the annual

27  report on the availability and efficacy of seeking Medicaid

28  matching funds. The office shall diligently seek ways to use

29  existing programs and services to meet the needs of public

30  wards.

31


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1         (f)  The office shall develop a guardianship training

  2  program. The training program may be offered to all guardians

  3  whether public or private. The office shall establish a

  4  curriculum committee to develop the training program specified

  5  in this part. The curriculum committee shall include, but not

  6  be limited to, probate judges. A fee may be charged to private

  7  guardians in order to defray the cost of providing the

  8  training. In addition, a fee may be charged to any training

  9  provider for up to the actual cost of the review and approval

10  of their curriculum. Any fees collected pursuant to this

11  paragraph shall be deposited in the Department of Elderly

12  Affairs Administrative Trust Fund to be used for the

13  guardianship training program.

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

15  representation of children by the Circuit Offices of

16  Children's Representation, including recommended case loads

17  for attorneys and for volunteers and staff lay representatives

18  of a child.

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

20  representation throughout the state and report annually on

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

22  to adequately provide representation for children in

23  dependency proceedings. The report must include information

24  concerning the type and level of advocacy provided in prior

25  years by both public entities and private entities providing

26  contract or pro bono services.

27         (c)  The office shall develop performance measures and

28  standards for its services throughout the state and shall

29  annually report on the performance of the Circuit Offices of

30  Children's Representation.

31


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



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

  2  Children's Representation in each judicial circuit in the

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

  4  staff or pro bono attorneys, social workers, volunteer

  5  coordinators, volunteer or staff lay representatives for

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

  7  must be knowledgeable and proficient in the legal process and

  8  the legal representation of children in court proceedings, as

  9  well as discovery and mediation processes, and in the

10  supervision and training of volunteers.

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

12  may provide and coordinate the provision of legal

13  representation of children in each aspect of dependency

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

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

16  otherwise protected. The office must provide representation

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

18  dependency proceeding.

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

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

21  representative and a staff or pro bono attorney shall be

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

23  interests of the child.

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

25  Guardianship and Children's Representation Office or the

26  Circuit Offices of Children's Representation may augment staff

27  through agreements or contracts with the public defenders,

28  private entities, or public or private colleges or

29  universities for contract or pro bono legal representation to

30  children as court-appointed counsel for the child, to provide

31


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  pro bono representation to the office, or to provide non-legal

  2  volunteer representation.

  3         (h)  The Statewide Public Guardianship and Children's

  4  Representation Office and each Circuit Office of Children's

  5  Representatives may establish a not-for-profit support

  6  organization under section 501(c)(3) of the Internal Revenue

  7  Code to assist in funding the needs of children receiving

  8  services through the Circuit Offices of Children's

  9  Representation.

10         (4)(3)  The office may conduct or contract for

11  demonstration projects, within funds appropriated or through

12  gifts, grants, or contributions for such purposes, to

13  determine the feasibility or desirability of new concepts of

14  organization, administration, financing, or service delivery

15  designed to preserve the civil and constitutional rights of

16  persons of marginal or diminished capacity. Any gifts, grants,

17  or contributions for such purposes shall be deposited in the

18  Department of Elderly Affairs Administrative Trust Fund.

19         (5)(4)  The office has authority to adopt rules

20  pursuant to ss. 120.536(1) and 120.54 to carry out the

21  provisions of this section.

22         Section 8.  Subsections (1) and (6) of section 744.703,

23  Florida Statutes, are amended to read:

24         744.703  Office of public guardian; appointment,

25  notification.--

26         (1)  The executive director of the Statewide Public

27  Guardianship and Children's Representation Office, after

28  consultation with the chief judge and other circuit judges

29  within the judicial circuit and with appropriate advocacy

30  groups and individuals and organizations who are knowledgeable

31  about the needs of incapacitated persons, may establish,


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  within a county in the judicial circuit or within the judicial

  2  circuit, an office of public guardian and if so established,

  3  shall create a list of persons best qualified to serve as the

  4  public guardian, and such qualifications shall include review

  5  pursuant to s. 744.3135. The public guardian must have

  6  knowledge of the legal process and knowledge of social

  7  services available to meet the needs of incapacitated persons.

  8  A nonprofit corporation under s. 744.309(5) may be appointed

  9  public guardian only if:

10         (a)  It has been granted tax-exempt status from the

11  United States Internal Revenue Service; and

12         (b)  It maintains a staff of professionally qualified

13  individuals to carry out the guardianship functions, including

14  a staff attorney who has experience in probate areas and

15  another person who has a master's degree in social work, or a

16  gerontologist, psychologist, registered nurse, or nurse

17  practitioner.

18         (6)  Public guardians who have been previously

19  appointed by a chief judge prior to the effective date of this

20  act pursuant to this section may continue in their positions

21  until the expiration of their term pursuant to their

22  agreement. However, oversight of all public guardians shall

23  transfer to the Statewide Public Guardianship and Children's

24  Representation Office upon the effective date of this act. The

25  executive director of the Statewide Public Guardianship and

26  Children's Representation Office shall be responsible for all

27  future appointments of public guardians pursuant to this act.

28         Section 9.  Section 744.706, Florida Statutes, is

29  amended to read:

30         744.706  Preparation of budget.--Each public guardian,

31  whether funded in whole or in part by money raised through


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  local efforts, grants, or any other source or whether funded

  2  in whole or in part by the state, shall prepare a budget for

  3  the operation of the office of public guardian to be submitted

  4  to the Statewide Public Guardianship and Children's

  5  Representation Office.  As appropriate, the Statewide Public

  6  Guardianship and Children's Representation Office will include

  7  such budgetary information in the Department of Elderly

  8  Affairs' legislative budget request.  The office of public

  9  guardian shall be operated within the limitations of the

10  General Appropriations Act and any other funds appropriated by

11  the Legislature to that particular judicial circuit, subject

12  to the provisions of chapter 216.  The Department of Elderly

13  Affairs shall make a separate and distinct request for an

14  appropriation for the Statewide Public Guardianship and

15  Children's Representation Office. However, this section does

16  shall not be construed to preclude the financing of any

17  operations of the office of the public guardian by moneys

18  raised through local effort or through the efforts of the

19  Statewide Public Guardianship and Children's Representation

20  Office.

21         Section 10.  Section 744.707, Florida Statutes, is

22  amended to read:

23         744.707  Procedures and rules.--The public guardian,

24  subject to the oversight of the Statewide Public Guardianship

25  and Children's Representation Office, is authorized to:

26         (1)  Formulate and adopt necessary procedures to assure

27  the efficient conduct of the affairs of the ward and general

28  administration of the office and staff.

29         (2)  Contract for services necessary to discharge the

30  duties of the office.

31


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  1         (3)  Accept the services of volunteer persons or

  2  organizations and provide reimbursement for proper and

  3  necessary expenses.

  4         Section 11.  Subsections (3), (4), (5), (7), and (8) of

  5  section 744.708, Florida Statutes, are amended to read:

  6         744.708  Reports and standards.--

  7         (3)  A public guardian shall file an annual report on

  8  the operations of the office of public guardian, in writing,

  9  by September 1 for the preceding fiscal year with the

10  Statewide Public Guardianship and Children's Representation

11  Office, which shall have responsibility for supervision of the

12  operations of the office of public guardian.

13         (4)  Within 6 months after of his or her appointment as

14  guardian of a ward, the public guardian shall submit to the

15  clerk of the court for placement in the ward's guardianship

16  file and to the executive director of the Statewide Public

17  Guardianship and Children's Representation Office a report on

18  his or her efforts to locate a family member or friend, other

19  person, bank, or corporation to act as guardian of the ward

20  and a report on the ward's potential to be restored to

21  capacity.

22         (5)  An independent audit by a qualified certified

23  public accountant shall be performed at least every 2 years.

24  The audit should include an investigation into the practices

25  of the office for managing the person and property of the

26  wards. A copy of the report shall be submitted to the

27  Statewide Public Guardianship and Children's Representation

28  Office. In addition, the office of public guardian shall be

29  subject to audits or examinations by the Auditor General and

30  the Office of Program Policy Analysis and Government

31  Accountability pursuant to law.


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1         (7)  The ratio for professional staff to wards shall be

  2  1 professional to 40 wards.  The Statewide Public Guardianship

  3  and Children's Representation Office may increase or decrease

  4  the ratio after consultation with the local public guardian

  5  and the chief judge of the circuit court. The basis of the

  6  decision to increase or decrease the prescribed ratio shall be

  7  reported in the annual report to the Governor, the President

  8  of the Senate, the Speaker of the House of Representatives,

  9  and the Chief Justice of the Supreme Court.

10         (8)  The term "professional," for purposes of this

11  part, shall not include the public guardian nor the executive

12  director of the Statewide Public Guardianship and Children's

13  Representation Office.  The term "professional" shall be

14  limited to those persons who exercise direct supervision of

15  individual wards under the direction of the public guardian.

16         Section 12.  Section 744.7081, Florida Statutes, is

17  amended to read:

18         744.7081  Access to records by Statewide Public

19  Guardianship and Children's Representation Office;

20  confidentiality.--Notwithstanding any other provision of law

21  to the contrary, any medical, financial, or mental health

22  records held by an agency, or the court and its agencies,

23  which are necessary to evaluate the public guardianship

24  system, to assess the need for additional public guardianship,

25  or to develop required reports, shall be provided to the

26  Statewide Public Guardianship and Children's Representation

27  Office upon that office's request. Any confidential or exempt

28  information provided to the Statewide Public Guardianship and

29  Children's Representation Office shall continue to be held

30  confidential or exempt as otherwise provided by law. All

31  records held by the Statewide Public Guardianship and


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  Children's Representation Office relating to the medical,

  2  financial, or mental health of vulnerable adults as defined in

  3  chapter 415, persons with a developmental disability as

  4  defined in chapter 393, or persons with a mental illness as

  5  defined in chapter 394, shall be confidential and exempt from

  6  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

  7  This section is subject to the Open Government Sunset Review

  8  Act of 1995 in accordance with s. 119.15, and shall stand

  9  repealed on October 2, 2004, unless reviewed and saved from

10  repeal through reenactment by the Legislature.

11         Section 13.  Subsection (6) of section 400.148, Florida

12  Statutes, is amended to read:

13         400.148  Medicaid "Up-or-Out" Quality of Care Contract

14  Management Program.--

15         (6)  The agency shall, jointly with the Statewide

16  Public Guardianship and Children's Representation Office,

17  develop a system in the pilot project areas to identify

18  Medicaid recipients who are residents of a participating

19  nursing home or assisted living facility who have diminished

20  ability to make their own decisions and who do not have

21  relatives or family available to act as guardians in nursing

22  homes listed on the Nursing Home Guide Watch List. The agency

23  and the Statewide Public Guardianship and Children's

24  Representation Office shall give such residents priority for

25  publicly funded guardianship services.

26         Section 14.  Present subsection (7) of section 27.51,

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

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

29         27.51  Duties of public defender.--

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

31  the Circuit Office of Children's Representation to provide


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  representation to a child in a dependency proceeding when the

  2  court has determined that the child qualifies for independent

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

  4         Section 15.  Paragraph (a) of subsection (7) of section

  5  39.001, Florida Statutes, is amended to read:

  6         39.001  Purposes and intent; personnel standards and

  7  screening.--

  8         (7)  PLAN FOR COMPREHENSIVE APPROACH.--

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

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

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

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

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

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

15  Intervention of the Department of Health, and the Statewide

16  Public Guardianship and Children's Representation Office shall

17  participate and fully cooperate in the development of the

18  state plan at both the state and local levels. Furthermore,

19  appropriate local agencies and organizations shall be provided

20  an opportunity to participate in the development of the state

21  plan at the local level. Appropriate local groups and

22  organizations shall include, but not be limited to, community

23  mental health centers; Circuit Offices of Children's

24  Representation guardian ad litem programs for children under

25  the circuit court; the school boards of the local school

26  districts; the Florida local advocacy councils; private or

27  public organizations or programs with recognized expertise in

28  working with children who are sexually abused, physically

29  abused, emotionally abused, abandoned, or neglected and with

30  expertise in working with the families of such children;

31  private or public programs or organizations with expertise in


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  maternal and infant health care; multidisciplinary child

  2  protection teams; child day care centers; and law enforcement

  3  agencies, and the circuit courts, when guardian ad litem

  4  programs are not available in the local area.  The state plan

  5  to be provided to the Legislature and the Governor shall

  6  include, as a minimum, the information required of the various

  7  groups in paragraph (b).

  8         Section 16.  Subsection (51) of section 39.01, Florida

  9  Statutes, is amended to read:

10         39.01  Definitions.--When used in this chapter, unless

11  the context otherwise requires:

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

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

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

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

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

17  documents in a proceeding under this chapter only through a

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

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

20  as provided in s. 39.502. The child has the right to attend

21  court proceedings, but it is not mandatory for the child to do

22  so unless the court finds that the appearance in court would

23  be in the best interest of the child. The presence of the

24  child may be excused by order of the court when presence would

25  not be in the child's best interest. Notice to the child and

26  the presence of the child may be excused by order of the court

27  when the age, capacity, or other condition of the child is

28  such that the notice or the presence of the child would be

29  meaningless, physically dangerous, or emotionally detrimental

30  to the child.

31


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



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

  2  section 39.013, Florida Statutes, are redesignated as

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

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

  5         39.013  Procedures and jurisdiction; right to

  6  counsel.--

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

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

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

10  under s. 39.822 to provide representation in accordance with

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

12         Section 18.  Paragraph (d) of subsection (2) and

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

14  amended to read:

15         39.202  Confidentiality of reports and records in cases

16  of child abuse or neglect.--

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

18  reporter which shall be released only as provided in

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

20  persons, officials, and agencies:

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

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

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

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

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

26  abandonment. However, any information otherwise made

27  confidential or exempt by law shall not be released pursuant

28  to this paragraph.

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

30  team of the Department of Health are confidential and exempt

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


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



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

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

  3  necessary professionals, in furtherance of the treatment or

  4  additional evaluative needs of the child; for proceedings

  5  under this chapter, the guardian ad litem or the attorney for

  6  the child; by order of the court;, or to health plan payors,

  7  limited to that information used for insurance reimbursement

  8  purposes.

  9         Section 19.  Present subsections (4), (5), and (6) of

10  section 39.302, Florida Statutes, are redesignated as

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

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

13         39.302  Protective investigations of institutional

14  child abuse, abandonment, or neglect.--

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

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

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

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

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

20  investigation shall be provided to the guardian ad litem or

21  attorney immediately upon completion.

22         Section 20.  Section 39.305, Florida Statutes, is

23  amended to read:

24         39.305  Intervention and treatment in sexual abuse

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

26  for community intervention and treatment of intrafamily sexual

27  abuse in conjunction with the Department of Law Enforcement,

28  the Department of Health, the Department of Education, the

29  Attorney General, the Statewide Public Guardianship and

30  Children's Representation Office the state Guardian Ad Litem

31  Program, the Department of Corrections, representatives of the


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  judiciary, and professionals and advocates from the mental

  2  health and child welfare community.

  3         Section 21.  Subsection (5) and paragraphs (b), (c),

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

  5  are amended to read:

  6         39.402  Placement in a shelter.--

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

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

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

10  given such notice as best ensures their actual knowledge of

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

12  parents or legal custodians are outside the jurisdiction of

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

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

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

16  shelter hearing.  The person providing or attempting to

17  provide notice under this paragraph to the parents or legal

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

19  notice parents or legal custodians are not present at the

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

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

22  results of those attempts.

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

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

25  Office of Children's Representation shall be given written

26  notice that:

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

28  to present evidence at the shelter hearing; and

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

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

31  in s. 39.013., and,


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



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

  2  represented by appointed counsel, at the shelter hearing and

  3  at each subsequent hearing or proceeding, pursuant to the

  4  procedures set forth in s. 39.013.

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

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

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

  8  the parents or legal custodians to consult legal counsel.

  9         c.  If the child appears for the shelter hearing

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

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

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

13  representation to be retained on behalf of the child.

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

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

16  be continued in shelter care for the length of the

17  continuance, if granted by the court.

18         (8)

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

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

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

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

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

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

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

26  petitioner has made a good faith effort to provide such

27  notice. The court shall require the parents or legal

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

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

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

31  far as are known.


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



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

  2         1.  Appoint representation for the child in accordance

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

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

  5  representation of the child is otherwise provided is

  6  unnecessary;

  7         2.  Inform the parents or legal custodians of their

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

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

10  parents to appointed counsel, pursuant to the procedures set

11  forth in s. 39.013; and

12         3.  Give the parents or legal custodians an opportunity

13  to be heard and to present evidence.

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

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

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

17  Children's Representation copies of any available law

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

19  also provide copies of abuse hotline reports pursuant to state

20  and federal confidentiality requirements.

21         Section 22.  Subsection (5) of section 39.407, Florida

22  Statutes, is amended to read:

23         39.407  Medical, psychiatric, and psychological

24  examination and treatment of child; physical or mental

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

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

27  department may be placed by the department in a residential

28  treatment center licensed under s. 394.875 or a hospital

29  licensed under chapter 395 for residential mental health

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

31  the court in accordance with an order of involuntary


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  examination or involuntary placement entered pursuant to s.

  2  394.463 or s. 394.467. All children placed in a residential

  3  treatment program under this subsection must have a guardian

  4  ad litem or legal counsel appointed.

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

  6         1.  "Residential treatment" means placement for

  7  observation, diagnosis, or treatment of an emotional

  8  disturbance in a residential treatment center licensed under

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

10         2.  "Least restrictive alternative" means the treatment

11  and conditions of treatment that, separately and in

12  combination, are no more intrusive or restrictive of freedom

13  than reasonably necessary to achieve a substantial therapeutic

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

15  physical injury.

16         3.  "Suitable for residential treatment" or

17  "suitability" means a determination concerning a child or

18  adolescent with an emotional disturbance as defined in s.

19  394.492(5) or a serious emotional disturbance as defined in s.

20  394.492(6) that each of the following criteria is met:

21         a.  The child requires residential treatment.

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

23  program and is expected to benefit from mental health

24  treatment.

25         c.  An appropriate, less restrictive alternative to

26  residential treatment is unavailable.

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

28  its legal custody is emotionally disturbed and may need

29  residential treatment, an examination and suitability

30  assessment must be conducted by a qualified evaluator who is

31  appointed by the Agency for Health Care Administration. This


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  suitability assessment must be completed before the placement

  2  of the child in a residential treatment center for emotionally

  3  disturbed children and adolescents or a hospital. The

  4  qualified evaluator must be a psychiatrist or a psychologist

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

  6  the diagnosis and treatment of serious emotional disturbances

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

  8  conflict of interest with any inpatient facility or

  9  residential treatment center or program.

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

11  the child shall be assessed for suitability for residential

12  treatment by a qualified evaluator who has conducted a

13  personal examination and assessment of the child and has made

14  written findings that:

15         1.  The child appears to have an emotional disturbance

16  serious enough to require residential treatment and is

17  reasonably likely to benefit from the treatment.

18         2.  The child has been provided with a clinically

19  appropriate explanation of the nature and purpose of the

20  treatment.

21         3.  All available modalities of treatment less

22  restrictive than residential treatment have been considered,

23  and a less restrictive alternative that would offer comparable

24  benefits to the child is unavailable.

25

26  A copy of the written findings of the evaluation and

27  suitability assessment must be provided to the department and

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

29  opportunity to discuss the findings with the evaluator.

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

31  treatment program under this section, the department must


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



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

  2  having jurisdiction over the child and must provide the

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

  4  of the assessment by the qualified evaluator.

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

  6  residential treatment program, the director of the residential

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

  8  an individualized plan of treatment has been prepared by the

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

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

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

12  preparation of the plan to the maximum feasible extent

13  consistent with his or her ability to understand and

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

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

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

17  must include a preliminary plan for residential treatment and

18  aftercare upon completion of residential treatment. The plan

19  must include specific behavioral and emotional goals against

20  which the success of the residential treatment may be

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

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

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

24  treatment program must review the appropriateness and

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

26  residential treatment program must determine whether the child

27  is receiving benefit towards the treatment goals and whether

28  the child could be treated in a less restrictive treatment

29  program. The residential treatment program shall prepare a

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

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


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



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

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

  3  treatment program must continue to evaluate the child's

  4  treatment progress every 30 days thereafter and must include

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

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

  7  not reimburse a facility until the facility has submitted

  8  every written report that is due.

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

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

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

12  report regarding the child's progress towards achieving the

13  goals specified in the individualized plan of treatment.

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

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

16  3 months after the child's admission to the residential

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

18  progress towards achieving the goals and objectives of the

19  treatment plan must be completed by a qualified evaluator and

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

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

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

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

24  continued placement in residential treatment must be a subject

25  of the judicial review.

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

27  is not suitable for continued residential treatment, the court

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

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

30  needs.

31


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



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

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

  3  every 90 days.

  4         (i)  The department must adopt rules for implementing

  5  timeframes for the completion of suitability assessments by

  6  qualified evaluators and a procedure that includes timeframes

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

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

  9  and objectives of the treatment plan which review must be

10  submitted to the court. The Agency for Health Care

11  Administration must adopt rules for the registration of

12  qualified evaluators, the procedure for selecting the

13  evaluators to conduct the reviews required under this section,

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

15  evaluators.

16         Section 23.  Subsections (11), (12), (19), (20), and

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

18  read:

19         39.4085  Legislative findings and declaration of intent

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

21  declares that the design and delivery of child welfare

22  services should be directed by the principle that the health

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

24  therefore, establishes the following goals for children in

25  shelter or foster care:

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

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

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

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

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

31  child or others.


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1         (12)  To be involved and incorporated, where

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

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

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

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

  6  any of the provisions of the case plan.

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

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

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

10  court determines it would be meaningless, physically

11  dangerous, or emotionally detrimental to the child.

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

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

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

15  attorney ad litem appointed to represent their expressed legal

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

17  litem shall have immediate and unlimited access to the

18  children they represent.

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

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

21  they deem such review necessary.

22         Section 24.  Section 39.4086, Florida Statutes, is

23  repealed.

24         Section 25.  Section 39.502, Florida Statutes, is

25  amended to read:

26         39.502  Notice, process, and service.--

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

28  parents must be notified of all proceedings or hearings

29  involving the child. Notice in cases involving shelter

30  hearings and hearings resulting from medical emergencies must

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


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  In all other dependency proceedings, notice must be provided

  2  in accordance with subsections (5)-(10) (4)-(9).

  3         (2)  Notice of all proceedings or hearings involving

  4  the child and all documents and reports related to those

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

  6  served on or delivered to the child through the court

  7  appointed representative for the child, either the guardian ad

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

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

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

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

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

13  detrimental to the child.

14         (3)(2)  Personal appearance of any person in a hearing

15  before the court obviates the necessity of serving process on

16  that person.

17         (4)(3)  Upon the filing of a petition containing

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

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

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

21         (5)(4)  The summons shall require the person on whom it

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

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

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

25  summons.

26         (6)(5)  The summons shall be directed to, and shall be

27  served upon, all parties other than the petitioner.

28         (7)(6)  It is the duty of the petitioner or moving

29  party to notify all participants and parties known to the

30  petitioner or moving party of all hearings subsequent to the

31  initial hearing unless notice is contained in prior court


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  orders and these orders were provided to the participant or

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

  3  by certified mail with a signed return receipt.

  4         (8)(7)  Service of the summons and service of

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

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

  7  61.1312.

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

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

10  their identity or residence is unknown after a diligent search

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

12  affidavit of diligent search prepared by the person who made

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

14  guardian ad litem or legal counsel for the child.

15         (10)(9)  When an affidavit of diligent search has been

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

17  search for and attempt to serve the person sought until

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

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

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

21  excused by the court.

22         (11)(10)  Service by publication shall not be required

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

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

25  an order of adjudication or disposition if the court finds

26  that the petitioner has completed a diligent search for that

27  party.

28         (12)(11)  Upon the application of a party or the

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

30  court on its own motion may issue, subpoenas requiring

31


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  attendance and testimony of witnesses and production of

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

  3         (13)(12)  All process and orders issued by the court

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

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

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

  7  or legal counsel for the child.

  8         (14)(13)  Subpoenas may be served within the state by

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

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

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

12  counsel for the child.

13         (15)(14)  No fee shall be paid for service of any

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

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

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

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

18         (16)(15)  A party who is identified as a person with

19  mental illness or with a developmental disability must be

20  informed by the court of the availability of advocacy services

21  through the department, the Association for Retarded Citizens,

22  or other appropriate mental health or developmental disability

23  advocacy groups and encouraged to seek such services.

24         (17)(16)  If the party to whom an order is directed is

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

26  order is not required.

27         (18)(17)  The parent or legal custodian of the child,

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

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

30  reasonable notice of all hearings provided for under this

31  part.


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1         (19)(18)  In all proceedings under this part, the court

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

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

  4  conclusion of any hearing, a written notice containing the

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

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

  7  the court.

  8         Section 26.  Subsections (1) and (4) of section 39.504,

  9  Florida Statutes, are amended to read:

10         39.504  Injunction pending disposition of petition;

11  penalty.--

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

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

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

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

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

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

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

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

20  abuse or any unlawful sexual offense involving a child.

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

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

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

24  likelihood of such abuse or offense occurring based upon a

25  recent overt act or failure to act.

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

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

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

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

30  enforcement agency having jurisdiction to enforce such

31  injunction. Upon delivery of the injunction to the appropriate


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



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

  2  responsibility to enforce the injunction.

  3         Section 27.  Section 39.505, Florida Statutes, is

  4  amended to read:

  5         39.505  No answer required.--No answer to the petition

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

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

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

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

10  such person may choose. Notwithstanding the filing of an

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

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

13  counsel and shall be given an opportunity to deny the

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

15  to allegations in the petition before the court.

16         Section 28.  Subsection (1) of section 39.510, Florida

17  Statutes, is amended to read:

18         39.510  Appeal.--

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

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

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

22  appropriate district court of appeal within the time and in

23  the manner prescribed by the Florida Rules of Appellate

24  Procedure. Appointed counsel shall be compensated as provided

25  in this chapter.

26         Section 29.  Paragraphs (a) and (d) of subsection (1),

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

28  39.521, Florida Statutes, are amended to read:

29         39.521  Disposition hearings; powers of disposition.--

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

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


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  petition for dependency were proven in the adjudicatory

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

  3  to the finding of dependency or admitted the allegations in

  4  the petition, have failed to appear for the arraignment

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

  6  a diligent search having been conducted.

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

  8  prepared by an authorized agent of the department must be

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

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

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

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

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

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

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

16  days after the disposition hearing to review and approve the

17  case plan.

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

19  disposition, include all of the following:

20         1.  The placement or custody of the child.

21         2.  Special conditions of placement and visitation.

22         3.  Evaluation, counseling, treatment activities, and

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

24         4.  The persons or entities responsible for supervising

25  or monitoring services to the child and parent.

26         5.  Continuation or discharge of the guardian ad litem

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

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

29  pursuant to this section before termination of supervision by

30  the department unless other legal representation is provided

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


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



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

  2  court finds that the child no longer needs active

  3  representation and the resources of the office are

  4  insufficient to provide appropriate representation in other

  5  pending cases.

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

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

  8         a.  Ninety days after the disposition hearing;

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

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

11  hearing; or

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

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

14  the child's removal from the home.

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

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

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

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

19  The court may exercise jurisdiction over all child support

20  matters, shall adjudicate the financial obligation, including

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

22  shall enforce the financial obligation as provided in chapter

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

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

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

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

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

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

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

30  shall include the reasons for such a decision and shall

31  include a determination as to whether diligent efforts were


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



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

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

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

  4  placement with the department.

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

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

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

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

  9  court, both the department and the court shall consider

10  transferring temporary legal custody to an adult relative

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

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

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

14  placement.

15

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

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

18  diligent search for a parent, but without the continuing

19  obligation to search after an initial adequate search is

20  completed.

21         9.  Other requirements necessary to protect the health,

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

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

24  preservation or reunification whenever possible.

25         (5)

26         (b)  The results of the assessment described in

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

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

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

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

31  with special reference regarding the stability of the


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



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

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

  3  guardian ad litem prior to the judicial review.

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

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

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

  7  terminate its jurisdiction or the department's supervision

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

  9  court shall determine whether its jurisdiction should be

10  continued or terminated in such a case after consideration of

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

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

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

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

15         Section 30.  Paragraph (a) of subsection (2), paragraph

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

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

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

19         39.701  Judicial review.--

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

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

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

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

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

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

26  the child's attendance would be meaningless, physically

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

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

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

30  held before a citizen review panel.

31


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



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

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

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

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

  5  the representative of the guardian ad litem program if the

  6  program has been appointed.

  7

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

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

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

11  the hearing was announced.

12         (6)

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

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

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

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

17  guardian ad litem, unless the guardian ad litem prepared the

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

19  before the judicial review hearing or citizen review panel

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

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

22  voluntarily surrendered their child for adoption or who have

23  had their parental rights to the child terminated.

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

25  placed with the social service agency, the agency shall

26  furnish to the court a written report concerning the progress

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

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

29  by the child towards alternative permanency goals or

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

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


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



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

  2  submitted to the court and all parties as provided in

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

  4  review.

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

  6  into consideration the information contained in the social

  7  services study and investigation and all medical,

  8  psychological, and educational records that support the terms

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

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

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

12  any other person deemed appropriate; and any relevant and

13  material evidence submitted to the court, including written

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

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

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

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

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

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

20  shall seek to determine:

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

22  assistance from any person or social service agency in the

23  preparation of the case plan.

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

25  have counsel present at the judicial review or citizen review

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

27  shall advise the parent of such right.

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

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

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

31


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



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

  2  been appointed.

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

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

  5  parents' compliance with child support orders.

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

  7  visitation contract between the parent and the social service

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

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

10  reason for any noncompliance.

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

12  parent in meeting specified financial obligations pertaining

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

14  comply if such is the case.

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

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

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

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

19  special needs, and including maintaining stability in the

20  child's educational placement.

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

22  home or other permanent placement.

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

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

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

26  determine if the efforts of the social service agency to

27  secure party participation in a case plan were sufficient.

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

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

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

31  service agency shall initiate proceedings to have a child


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



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

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

  3  of time, or initiate termination of parental rights

  4  proceedings for subsequent placement in an adoptive home. The

  5  court must determine whether a guardian ad litem or legal

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

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

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

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

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

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

12  that the prevention or reunification efforts of the department

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

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

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

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

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

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

19  not be endangered.

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

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

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

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

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

25  and any other competent information on record demonstrating

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

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

28  findings concerning the frequency of past parent-child

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

30  or restriction of future visitation. Modifications to the plan

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


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  case plan must comply with the time requirements and other

  2  requirements specified by this chapter.

  3         Section 31.  Paragraph (a) of subsection (3) and

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

  5  are amended to read:

  6         39.801  Procedures and jurisdiction; notice; service of

  7  process.--

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

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

10  following requirements must be met:

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

12  advisory hearing for the petition to terminate parental rights

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

14  following persons, specifically notifying them that a petition

15  has been filed:

16         1.  The parents of the child.

17         2.  The legal custodians of the child.

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

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

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

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

22         5.  Any grandparent entitled to priority for adoption

23  under s. 63.0425.

24         6.  Any prospective parent who has been identified

25  under s. 39.503 or s. 39.803.

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

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

28  program has been appointed.

29

30  The document containing the notice to respond or appear must

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


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    CS for CS for CS for SB 686             Second Engrossed (ntc)



  1  of the document, the following or substantially similar

  2  language:  "FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY

  3  HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL

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

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

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

  7  ATTACHED TO THIS NOTICE."

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

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

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

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

12  or the child.

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

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

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

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

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

18         Section 32.  Subsection (1) of section 39.802, Florida

19  Statutes, is amended to read:

20         39.802  Petition for termination of parental rights;

21  filing; elements.--

22         (1)  All proceedings seeking an adjudication to

23  terminate parental rights pursuant to this chapter must be

24  initiated by the filing of an original petition by the

25  department, the child through legal counsel appointed pursuant

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

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

28  believes that they are true.

29         Section 33.  Section 39.805, Florida Statutes, is

30  amended to read:

31


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  1         39.805  No answer required.--No answer to the petition

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

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

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

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

  6  choose. Notwithstanding the filing of any answer or any

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

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

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

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

11  to allegations in the petition before the court.

12         Section 34.  Subsection (1) of section 39.806, Florida

13  Statutes, is amended to read:

14         39.806  Grounds for termination of parental rights.--

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

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

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

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

19  petition for the termination of parental rights under any of

20  the following circumstances:

21         (a)  When the parent or parents have voluntarily

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

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

24  department for subsequent adoption and the department is

25  willing to accept custody of the child.

26         1.  The surrender document must be executed before two

27  witnesses and a notary public or other person authorized to

28  take acknowledgments.

29         2.  The surrender and consent may be withdrawn after

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

31


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

  2  duress.

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

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

  5  cannot be ascertained by diligent search within 60 days.

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

  7  toward the child or toward other children that demonstrates

  8  that the continuing involvement of the parent or parents in

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

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

11  child irrespective of the provision of services. Provision of

12  services may be evidenced by proof that services were provided

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

14  welfare agency.

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

16  state or federal correctional institution and either:

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

18  to be incarcerated will constitute a substantial portion of

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

20  years;

21         2.  The incarcerated parent has been determined by the

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

23  775.084, a habitual violent felony offender as defined in s.

24  775.084, or a sexual predator as defined in s. 775.21; has

25  been convicted of first degree or second degree murder in

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

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

28  or has been convicted of an offense in another jurisdiction

29  which is substantially similar to one of the offenses listed

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

31  "substantially similar offense" means any offense that is


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  1  substantially similar in elements and penalties to one of

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

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

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

  5  possession or territory thereof, or any foreign jurisdiction;

  6  or

  7         3.  The court determines by clear and convincing

  8  evidence that continuing the parental relationship with the

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

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

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

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

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

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

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

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

17  substantially comply for a period of 12 months after an

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

19  placement into shelter care, whichever came first, constitutes

20  evidence of continuing abuse, neglect, or abandonment unless

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

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

23  the failure of the department to make reasonable efforts to

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

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

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

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

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

29  reunification with the parent, whichever came first.

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

31  conduct or had the opportunity and capability to prevent and


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  1  knowingly failed to prevent egregious conduct that threatens

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

  3  the child or the child's sibling.

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

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

  6  parent or parents regardless of whether the child is related

  7  legally or by consanguinity.

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

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

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

11  or outrageous by a normal standard of conduct. Egregious

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

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

14  endanger the life of the child.

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

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

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

18  chronic abuse.

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

20  or voluntary manslaughter of another child, or a felony

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

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

23  solicited to commit such a murder or voluntary manslaughter or

24  felony assault.

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

26  sibling have been terminated involuntarily.

27         Section 35.  Subsection (2) of section 39.807, Florida

28  Statutes, is amended to read:

29         39.807  Right to counsel; guardian ad litem.--

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

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


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  1  child in any proceedings for termination of parental rights as

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

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

  4  counsel has been appointed.

  5         (b)  The guardian ad litem has the following

  6  responsibilities:

  7         1.  To investigate the allegations of the petition and

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

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

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

11  recommendations of the guardian ad litem and must be provided

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

13  disposition hearing.

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

15  by the court.

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

17  the jurisdiction of the court over the child terminates or

18  until excused by the court.

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

20  but shall file an acceptance of the office.

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

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

23  Juvenile Procedure.

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

25  relinquishment of parental rights proceeding.

26         Section 36.  Subsection (2) of section 39.808, Florida

27  Statutes, is amended to read:

28         39.808  Advisory hearing; pretrial status conference.--

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

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

31  parties in accordance with legal requirements, and shall


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

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

  3         Section 37.  Subsections (10) and (11) of section

  4  39.810, Florida Statutes, are amended to read:

  5         39.810  Manifest best interests of the child.--In a

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

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

  8  This consideration shall not include a comparison between the

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

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

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

12  court shall consider and evaluate all relevant factors,

13  including, but not limited to:

14         (10)  The expressed interests reasonable preferences

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

16  sufficient intelligence, understanding, and experience to

17  express a preference.

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

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

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

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

22  representative.

23         Section 38.  Subsections (1) and (9) of section 39.811,

24  Florida Statutes, are amended to read:

25         39.811  Powers of disposition; order of disposition.--

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

27  termination of parental rights have not been established by

28  clear and convincing evidence, the court shall:

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

30  adjudicate or readjudicate the child dependent and:

31


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

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

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

  4  parents. The court shall retain jurisdiction over a child

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

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

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

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

  9  shall make a determination as to whether its jurisdiction

10  shall continue or be terminated.

11         (b)  If grounds for dependency have not been

12  established, dismiss the petition.

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

14  shall retain jurisdiction over any child for whom custody is

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

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

17  39.701(8)(a), the appropriateness of the child's placement and

18  the progress being made toward permanent adoptive placement.

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

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

21  court may review the appropriateness of the adoptive placement

22  of the child.

23         Section 39.  Section 39.820, Florida Statutes, is

24  amended to read:

25         39.820  Definitions.--As used in the Florida Statutes

26  this part, the term:

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

28  criminal proceeding includes the following: a Circuit Office

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

30  volunteers appointed by the Circuit Office of Children's

31  Representation to provide the best-interest representation to


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

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

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

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

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

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

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

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

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

10  until discharged by the court.

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

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

13  pursuant to the provisions of this part.

14         Section 40.  Section 39.821, Florida Statutes, is

15  amended to read:

16         39.821  Qualifications of guardians ad litem.--

17         (1)  Because of the special trust or responsibility

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

19  Office of Children's Representation representing children in

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

21  Representation Guardian Ad Litem Program may use any private

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

23  designated, to conduct a security background investigation

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

25  security background investigation must include, but need not

26  be limited to, employment history checks, checks of

27  references, local criminal records checks through local law

28  enforcement agencies, and statewide criminal records checks

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

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

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


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  1  background investigation conducted under this section. The

  2  information contained in the personnel record may include, but

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

  4  why the employee was terminated from employment. An employer

  5  who releases a personnel record for purposes of a security

  6  background investigation is presumed to have acted in good

  7  faith and is not liable for information contained in the

  8  record without a showing that the employer maliciously

  9  falsified the record. A security background investigation

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

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

12  a Circuit Office of Children's Representation to represent

13  children in proceedings under chapter 39 if the person has

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

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

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

17  435.04(2) or under any similar law in another jurisdiction.

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

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

20  Representation to represent children in proceedings under

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

22  chief judge of the circuit court may request a federal

23  criminal records check of the applicant through the Federal

24  Bureau of Investigation. In analyzing and evaluating the

25  information obtained in the security background investigation,

26  the office program must give particular emphasis to past

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

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

29  program has the sole discretion in determining whether to

30  certify a person based on his or her security background

31  investigation. The information collected pursuant to the


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  1  security background investigation is confidential and exempt

  2  from s. 119.07(1).

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

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

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

  6  or a licensed professional who has undergone a comparable

  7  security background investigation as a condition of licensure

  8  within 5 years before of applying for certification as a

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

10  Children's Representation representing children in proceedings

11  under chapter 39.

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

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

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

15  false statement, misrepresentation, impersonation, or other

16  fraudulent means, to disclose in any application for a

17  volunteer position or for paid employment with a Circuit

18  Office of Children's Representation to represent children in

19  proceedings under chapter 39 the Guardian Ad Litem Program,

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

21  applicant's qualifications for such position.

22         Section 41.  Section 39.822, Florida Statutes, is

23  amended to read:

24         39.822  Appointment of guardian ad litem for abused,

25  abandoned, or neglected child.--

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

27  representative of a Circuit Office of Children's

28  Representation, must be an individual investigated by the

29  Circuit Office of Children's Representation and appointed by

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

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


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  1  appointing an individual under this chapter, the court shall

  2  request the Circuit Office of Children's Representation to

  3  conduct a security background investigation as provided in s.

  4  39.821. A guardian ad litem who is not an attorney and who is

  5  investigated for the limited representation in a case must be

  6  represented by legal counsel in all proceedings related to the

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

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

  9  abandonment, or neglect judicial proceeding, whether civil or

10  criminal. Any person participating in a civil or criminal

11  judicial proceeding resulting from such appointment shall be

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

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

14  that otherwise might be incurred or imposed.

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

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

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

18  provision of guardian ad litem services and legal services.

19  Reimbursement for services contracted through a Circuit Office

20  of Children's Representation to the individual providing

21  guardian ad litem services shall not be contingent upon

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

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

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

25  Representation shall be appointed to represent the child.

26         (4)(3)  In proceedings under this chapter, the guardian

27  ad litem or the program representative of the Circuit Office

28  of Children's Representation shall review all disposition

29  recommendations and changes in placements, and must be present

30  at all critical stages of the dependency proceeding and shall

31  or submit a written report of findings in proceedings to


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  1  determine dependency and to terminate parental rights and may

  2  submit a report of findings in other proceedings and when

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

  4  recommendations to the court. Written reports must be filed

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

  6  known at least 72 hours prior to the hearing.

  7         Section 42.  Section 39.8225, Florida Statutes, is

  8  created to read:

  9         39.8225  Guardians ad litem; powers, duties, and

10  authority.--

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

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

13  to protect the best interest of the child.

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

15  of Juvenile Procedure for dependency proceedings, the guardian

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

17  investigating the allegations in the pleadings and the needs

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

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

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

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

22  Representation, must be represented by an attorney.

23         (3)  The guardian ad litem shall investigate the

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

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

26  investigation, shall:

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

28  child.

29         (b)  When appropriate for the representation, observe

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

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


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

  2  observe his or her socialization skills at school or other

  3  care facilities.

  4         (c)  Conduct interviews with persons involved with the

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

  6  when appropriate for the representation, an interview with the

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

  8  family; medical professionals treating or evaluating the

  9  child; other caretakers or proposed adoptive parents; staff

10  members of the Department of Children and Family Services or

11  the Department of Juvenile Justice; law enforcement personnel

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

13  guardian ad litem and the attorney determines appropriate.

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

15  psychological reports relevant to understanding the facts of

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

17  participants in the proceeding. However, the attorney client

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

19  legal counsel on behalf of their clients.

20         (4)  The guardian ad litem, and the attorney if the

21  child is going to be present in court, shall consult with the

22  child before any hearing, court appearance, or other

23  proceeding unless the court has excused the child's presence

24  in court pursuant to court order under 39.01(51). If the child

25  is of an age and capacity to understand, the proceeding must

26  be explained to the child in language appropriate to the

27  child's age, education, and comprehension ability, and the

28  child shall be offered the opportunity to attend the

29  proceeding.

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

31  discuss with legal counsel information on all observations,


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  1  documentation obtained, and factual information the guardian

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

  3  a best-interest determination for the child regarding the

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

  5  Representation is providing representation, the information

  6  may be discussed with representatives of the office, as

  7  required by office procedures. After reviewing the information

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

  9  staff members of the Circuit Office of Children's

10  Representation, the attorney and the guardian ad litem shall

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

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

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

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

15  must be informed of the expressed interest of the child

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

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

18  information to the court as required by law. 

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

20  recommendations, the guardian ad litem must be prepared to

21  present the court with a recommendation as to the best

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

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

24  available information and make a request to the court.

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

26  may issue an order directing persons and entities contacted by

27  the guardian ad litem to allow the guardian ad litem to

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

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

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

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


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

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

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

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

  5  dentist, psychologist, or psychiatrist, which order directs

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

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

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

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

10  petition shall be obtained only after notice to all parties

11  and a hearing thereon.

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

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

14  any stipulation or agreement, whether incidental, temporary,

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

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

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

18  by the court.

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

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

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

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

23  psychiatrist, psychologist, or other licensed or certified

24  mental health professional employed or supervised by a

25  licensed physician, psychiatrist, or psychologist.

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

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

28  include recommendations and shall include any expressed

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

30  filed and served on all parties at least 3 days before the

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


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

  2  different time.

  3         (11)  The guardian ad litem must be provided with

  4  copies of all pleadings, notices, and other documents filed in

  5  the action and is entitled to reasonable notice before any

  6  action affecting the child is taken by any of the parties,

  7  their counsel, or the court.

  8         (12)  A guardian ad litem, acting through counsel,

  9  shall actively file any pleadings, motions, or petitions for

10  relief which the guardian ad litem considers appropriate or

11  necessary in furtherance of the guardian's representation of

12  the child. The guardian ad litem, through counsel, is entitled

13  to be present and to participate in all depositions, hearings,

14  and other proceedings in the action, and, through counsel, may

15  compel the attendance of witnesses.

16         (13)  The duties and rights of a nonattorney guardian

17  ad litem does not include the right to practice law.

18         (14)  A guardian ad litem is not required to post bond

19  but shall file an acceptance of the office.

20         (15)  A guardian ad litem is entitled to receive

21  service of pleadings and papers as provided by the Florida

22  Rules of Procedure applicable to the case.

23         Section 43.  Section 39.8226, Florida Statutes, is

24  created to read:

25         39.8226  Legal counsel for a child.--

26         (1)  The court may appoint counsel to represent the

27  expressed interest of a child, in lieu of or in addition to a

28  guardian ad litem, in any dependency case related to the

29  child, if the court determines that the child is of an age and

30  capacity to participate in his or her representation and the

31


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  1  child or the child's parents or guardian can pay for the

  2  representation.

  3         (2)(a)  If a Circuit Office of Children's

  4  Representation has been appointed to represent the child, the

  5  court may appoint counsel to represent the expressed interest

  6  of a child, in lieu of or in addition to a guardian ad litem,

  7  only if the court finds that the child is of an age and

  8  capacity to participate in his or her representation and

  9  either the expressed interests of the child and the

10  best-interest representation by the guardian ad litem do not

11  coincide or the complexity of the pending case or other legal

12  actions suggest that representation for the child is

13  appropriate.

14         (b)  If the guardian ad litem's best-interest

15  representation and the expressed interests of the child do not

16  coincide, the Circuit Office of Children's Representation must

17  petition the court for a review to determine whether the

18  provisions of paragraph (a) have been met, whether the child

19  wants independent counsel and whether the child wants or it is

20  appropriate or required under the law for a guardian ad litem

21  to continue to represent the best interest of the child in

22  some or all issues.

23         (3)  Upon petition of the Circuit Office of Children's

24  Representation, the court may appoint independent counsel to

25  represent the child in collateral issues if the office does

26  not have the expertise to provide appropriate representation.

27  The petition must address whether the guardian ad litem will

28  continue to represent the best interest of the child in any or

29  all proceedings.

30         Section 44.  Section 39.84, Florida Statutes, is

31  created to read:


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  1         39.84  Guardians ad litem; confidentiality.--The

  2  guardian ad litem shall maintain as confidential all

  3  information and documents received from any source and may not

  4  disclose such information or documents except, as provided by

  5  law or Florida rules of evidence and procedure, in testimony

  6  or a report to the court. When a report is filed with the

  7  court, it must be served upon the parties to the action and

  8  their counsel or as directed by the court.

  9         Section 45.  Section 39.86, Florida Statutes, is

10  created to read:

11         39.86  Guardians ad litem, immunity.--Any person

12  participating in a judicial proceeding as a guardian ad litem,

13  as staff or a volunteer representing the Circuit Office of

14  Children's Representation in a proceeding under this chapter,

15  shall be presumed prima facie to be acting in good faith, and,

16  in so doing, shall be immune from any liability, civil or

17  criminal, that otherwise might be incurred or imposed.

18         Section 46.  Subsection (8) of section 40.24, Florida

19  Statutes, is amended to read:

20         40.24  Compensation and reimbursement policy.--

21         (8)  In circuits that elect to allow jurors to donate

22  their jury service fee upon conclusion of juror service, each

23  juror may irrevocably donate all of the juror's compensation

24  to the Statewide Public Guardianship and Children's

25  Representation Office for expenditure to represent children in

26  dependency proceeding the 26 U.S.C. s. 501(c)(3) organization

27  specified by the guardian ad litem program or to a domestic

28  violence shelter as specified annually on a rotating basis by

29  the clerk of court in the circuit for the juror's county of

30  residence. The funds collected may not reduce or offset the

31  amount of compensation that the guardian ad litem program or


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  1  domestic violence shelter would otherwise receive from the

  2  state. The clerk of court shall ensure that all jurors are

  3  given written notice at the conclusion of their service that

  4  they have the option to so donate their compensation, and that

  5  the applicable program specified by the guardian ad litem

  6  program or a domestic violence shelter receives all funds

  7  donated by the jurors.  Any guardian ad litem program

  8  receiving donations of juror compensation must expend such

  9  moneys on services for children for whom guardians ad litem

10  have been appointed.

11         Section 47.  Paragraph (a) of subsection (6) of section

12  215.5601, Florida Statutes, is amended to read:

13         215.5601  Lawton Chiles Endowment Fund.--

14         (6)  ADVISORY COUNCIL.--The Lawton Chiles Endowment

15  Fund Advisory Council is established for the purpose of

16  reviewing the funding priorities of the state agencies,

17  evaluating their requests against the mission and goals of the

18  agencies and legislative intent for the use of endowment

19  funds, and allowing for public input and advocacy.

20         (a)  The advisory council shall consist of 15 members,

21  including:

22         1.  The director of the United Way of Florida, Inc., or

23  his or her designee;

24         2.  The director of the Foster Parents Association, or

25  his or her designee;

26         3.  The chair of the Department of Elderly Affairs

27  Advisory Council, or his or her designee;

28         4.  The president of the Florida Association of Area

29  Agencies on Aging, or his or her designee;

30         5.  The State Long-Term Care Ombudsman, or his or her

31  designee;


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  1         6.  The state director of the Florida AARP, or his or

  2  her designee;

  3         7.  The director of the Florida Pediatric Society, or

  4  his or her designee;

  5         8.  The Director of the Statewide Public Guardianship

  6  and Children's Representation Office A representative of the

  7  Guardian Ad Litem Program, appointed by the Governor;

  8         9.  A representative of a child welfare lead agency for

  9  community-based care, appointed by the Governor;

10         10.  A representative of an elder care lead agency for

11  community-based care, appointed by the Governor;

12         11.  A representative of a statewide child advocacy

13  organization, appointed by the Governor;

14         12.  One consumer caregiver for children, appointed by

15  the Governor;

16         13.  One person over the age of 60 years to represent

17  the interests of elders, appointed by the Governor;

18         14.  One person under the age of 18 years to represent

19  the interests of children, appointed by the Governor; and

20         15.  One consumer caregiver for a functionally impaired

21  elderly person, appointed by the Governor.

22         Section 48.  Subsection (12) of section 985.308,

23  Florida Statutes, is amended to read:

24         985.308  Juvenile sexual offender commitment programs;

25  sexual abuse intervention networks.--

26         (12)  Membership of a sexual abuse intervention network

27  shall include, but is not limited to, representatives from:

28         (a)  Local law enforcement agencies;

29         (b)  Local school boards;

30         (c)  Child protective investigators;

31         (d)  The office of the state attorney;


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  1         (e)  The office of the public defender;

  2         (f)  The juvenile division of the circuit court;

  3         (g)  Professionals licensed under chapter 458, chapter

  4  459, s. 490.0145, or s. 491.0144 providing treatment for

  5  juvenile sexual offenders or their victims;

  6         (h)  The Statewide Public Guardianship and Children's

  7  Representation Office guardian ad litem program;

  8         (i)  The Department of Juvenile Justice; and

  9         (j)  The Department of Children and Family Services.

10         Section 49.  For purposes of incorporating the

11  amendment to section 39.202, Florida Statutes, in references

12  thereto, paragraph (f) of subsection (1) of section 39.3035,

13  Florida Statutes, is reenacted to read:

14         39.3035  Child advocacy centers; standards; state

15  funding.--

16         (1)  In order to become eligible for a full membership

17  in the Florida Network of Children's Advocacy Centers, Inc., a

18  child advocacy center in this state shall:

19         (f)  Provide case tracking of child abuse cases seen

20  through the center.  A center shall also collect data on the

21  number of child abuse cases seen at the center, by sex, race,

22  age, and other relevant data; the number of cases referred for

23  prosecution; and the number of cases referred for mental

24  health therapy. Case records shall be subject to the

25  confidentiality provisions of s. 39.202.

26         Section 50.  For purposes of incorporating the

27  amendment to section 39.202, Florida Statutes, in references

28  thereto, subsection (2) of section 39.507, Florida Statutes,

29  is reenacted to read:

30         39.507  Adjudicatory hearings; orders of

31  adjudication.--


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  1         (2)  All hearings, except as provided in this section,

  2  shall be open to the public, and a person may not be excluded

  3  except on special order of the judge, who may close any

  4  hearing to the public upon determining that the public

  5  interest or the welfare of the child is best served by so

  6  doing. The parents or legal custodians shall be allowed to

  7  obtain discovery pursuant to the Florida Rules of Juvenile

  8  Procedure, provided such discovery does not violate the

  9  provisions of s. 39.202. Hearings involving more than one

10  child may be held simultaneously when the children involved

11  are related to each other or were involved in the same case.

12  The child and the parents, caregivers, or legal custodians of

13  the child may be examined separately and apart from each

14  other.

15         Section 51.  For purposes of incorporating the

16  amendment to section 39.701, Florida Statutes, in references

17  thereto, subsection (4) of section 63.052, Florida Statutes,

18  is reenacted to read:

19         63.052  Guardians designated; proof of commitment.--

20         (4)  If a minor is voluntarily surrendered to an

21  adoption entity for subsequent adoption and the adoption does

22  not become final within 180 days, the adoption entity must

23  report to the court on the status of the minor and the court

24  may at that time proceed under s. 39.701 or take action

25  reasonably necessary to protect the best interest of the

26  minor.

27         Section 52.  For purposes of incorporating the

28  amendment to section 39.402, Florida Statutes, in references

29  thereto, subsection (20) of section 984.03, Florida Statutes,

30  is reenacted to read:

31


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  1         984.03  Definitions.--When used in this chapter, the

  2  term:

  3         (20)  "Detention hearing" means a hearing for the court

  4  to determine if a child should be placed in temporary custody,

  5  as provided for under s. 39.402, in dependency cases.

  6         Section 53.  This act shall take effect October 1,

  7  2002.

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