HB 1145 2003
1	A bill to be entitled
2	An act relating to child custody placement; amending s.
3	39.521, F.S.; revising procedures for the placement of a
4	child adjudicated dependent to provide for the child to be
5	placed with a residential child-caring agency or in a
6	family foster home; amending s. 39.623, F.S.; revising
7	options and requirements for the long-term custody
8	placement of a child; amending s. 39.704, F.S.; providing
9	an exemption from judicial review; providing an effective
10	date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Paragraphs (b) and (d) of subsection (1) and
15	paragraphs (c) and (d) of subsection (3) of section 39.521,
16	Florida Statutes, are amended to read:
17	39.521 Disposition hearings; powers of disposition.--
18	(1) A disposition hearing shall be conducted by the court,
19	if the court finds that the facts alleged in the petition for
20	dependency were proven in the adjudicatory hearing, or if the
21	parents or legal custodians have consented to the finding of
22	dependency or admitted the allegations in the petition, have
23	failed to appear for the arraignment hearing after proper
24	notice, or have not been located despite a diligent search
25	having been conducted.
26	(b) When any child is adjudicated by a court to be
27	dependent, the court having jurisdiction of the child has the
28	power by order to:
29	1. Require the parent and, when appropriate, the legal
30	custodian and the child, to participate in treatment and
31	services identified as necessary.
32	2. Require, if the court deems necessary, the parties to
33	participate in dependency mediation.
34	3. Require placement of the child either under the
35	protective supervision of an authorized agent of the department
36	in the home of one or both of the child's parents or in the home
37	of a relative of the child or another adult approved by the
38	court, or in the custody of the department or a child care
39	facility registered under s. 409.176. Protective supervision
40	continues until the court terminates it or until the child
41	reaches the age of 18, whichever date is first. Protective
42	supervision shall be terminated by the court whenever the court
43	determines that permanency has been achieved for the child,
44	whether with a parent, another relative, or a legal custodian,
45	and that protective supervision is no longer needed. The
46	termination of supervision may be with or without retaining
47	jurisdiction, at the court's discretion, and shall in either
48	case be considered a permanency option for the child. The order
49	terminating supervision by the department shall set forth the
50	powers of the custodian of the child and shall include the
51	powers ordinarily granted to a guardian of the person of a minor
52	unless otherwise specified. Upon the court's termination of
53	supervision by the department, no further judicial reviews are
54	required, so long as permanency has been established for the
55	child.
56	(d) The court shall, in its written order of disposition,
57	include all of the following:
58	1. The placement or custody of the child.
59	2. Special conditions of placement and visitation.
60	3. Evaluation, counseling, treatment activities, and other
61	actions to be taken by the parties, if ordered.
62	4. The persons or entities responsible for supervising or
63	monitoring services to the child and parent.
64	5. Continuation or discharge of the guardian ad litem, as
65	appropriate.
66	6. The date, time, and location of the next scheduled
67	review hearing, which must occur within the earlier of:
68	a. Ninety days after the disposition hearing;
69	b. Ninety days after the court accepts the case plan;
70	c. Six months after the date of the last review hearing;
71	or
72	d. Six months after the date of the child's removal from
73	his or her home, if no review hearing has been held since the
74	child's removal from the home.
75	7. If the child is in an out-of-home placement, child
76	support to be paid by the parents, or the guardian of the
77	child's estate if possessed of assets which under law may be
78	disbursed for the care, support, and maintenance of the child.
79	The court may exercise jurisdiction over all child support
80	matters, shall adjudicate the financial obligation, including
81	health insurance, of the child's parents or guardian, and shall
82	enforce the financial obligation as provided in chapter 61. The
83	state's child support enforcement agency shall enforce child
84	support orders under this section in the same manner as child
85	support orders under chapter 61. Placement of the child shall
86	not be contingent upon issuance of a support order.
87	8.a. If the court does not commit the child to the
88	temporary legal custody of an adult relative, legal custodian,
89	or other adult approved by the court, the disposition order
90	shall include the reasons for such a decision and shall include
91	a determination as to whether diligent efforts were made by the
92	department to locate an adult relative, legal custodian, or
93	other adult willing to care for the child in order to present
94	that placement option to the court instead of placement with the
95	department.
96	b. If diligent efforts are made to locate an adult
97	relative willing and able to care for the child but, because no
98	suitable relative is found, the child is placed with the
99	department, a Type II child care facility under s. 409.176,or a
100	legal custodian or other adult approved by the court, both the
101	department and the court shall consider transferring temporary
102	legal custody to an adult relative approved by the court at a
103	later date, but neither the department nor the court is
104	obligated to so place the child if it is in the child's best
105	interest to remain in the current placement.
106
107	For the purposes of this subparagraph, "diligent efforts to
108	locate an adult relative" means a search similar to the diligent
109	search for a parent, but without the continuing obligation to
110	search after an initial adequate search is completed.
111	9. Other requirements necessary to protect the health,
112	safety, and well-being of the child, to preserve the stability
113	of the child's educational placement, and to promote family
114	preservation or reunification whenever possible.
115	(3) When any child is adjudicated by a court to be
116	dependent, the court shall determine the appropriate placement
117	for the child as follows:
118	(c) If no fit parent is willing or available to assume
119	care and custody of the child, place the child in the temporary
120	legal custody of a Type II child care facility under s. 409.176
121	oran adult relative or other adult approved by the court who is
122	willing to care for the child, under the protective supervision
123	of the department. The department must supervise this placement
124	until the child reaches permanency status in this home, and in
125	no case for a period of less than 6 months. Permanency in a
126	relative placement shall be by adoption, long-term custody, or
127	guardianship.
128	(d) If the child cannot be safely placed in a nonlicensed
129	placement or in a Type II child care facility, the court shall
130	commit the child to the temporary legal custody of the
131	department. Such commitment invests in the department all rights
132	and responsibilities of a legal custodian. The department shall
133	not return any child to the physical care and custody of the
134	person from whom the child was removed, except for court-
135	approved visitation periods, without the approval of the court.
136	The term of such commitment continues until terminated by the
137	court or until the child reaches the age of 18. After the child
138	is committed to the temporary legal custody of the department,
139	all further proceedings under this section are governed by this
140	chapter.
141
142	Protective supervision continues until the court terminates it
143	or until the child reaches the age of 18, whichever date is
144	first. Protective supervision shall be terminated by the court
145	whenever the court determines that permanency has been achieved
146	for the child, whether with a parent, another relative, or a
147	legal custodian, and that protective supervision is no longer
148	needed. The termination of supervision may be with or without
149	retaining jurisdiction, at the court's discretion, and shall in
150	either case be considered a permanency option for the child. The
151	order terminating supervision by the department shall set forth
152	the powers of the custodian of the child and shall include the
153	powers ordinarily granted to a guardian of the person of a minor
154	unless otherwise specified. Upon the court's termination of
155	supervision by the department, no further judicial reviews are
156	required, so long as permanency has been established for the
157	child.
158	Section 2. Section 39.623, Florida Statutes, is amended to
159	read:
160	39.623 Long-term licensed or registeredcustody.--The
161	court may approve placement of the child in long-term licensed
162	or registeredcustody, as a permanency option, when all of the
163	following conditions are met:
164	(1) The child is 14 years of age or older.
165	(2) The child is living in a licensed or registeredhome
166	and the foster parents desire to provide care for the child on a
167	permanent basis and the foster parents and the child do not
168	desire adoption.
169	(3) The foster parents have made a commitment to provide
170	for the child until he or she reaches the age of majority and to
171	prepare the child for adulthood and independence.
172	(4) The child has remained in the home for a continuous
173	period of no less than 12 months.
174	(5) The foster parents and the child view one another as
175	family and consider living together as the best place for the
176	child to be on a permanent basis.
177	(6) The department's or the registered agency'ssocial
178	services study recommends such placement and finds the child's
179	well-being has been promoted through living with the foster
180	parents.
181
182	Notwithstanding the retention of jurisdiction and supervision by
183	the department or the registered agency, long-term licensed or
184	registeredcustody placements made pursuant to this section
185	shall be considered a permanency option for the child. For
186	purposes of this section, supervision by the department shall be
187	defined as a minimum of semiannual visits. The order placing the
188	child in long-term licensed or registeredcustody as a
189	permanency option shall set forth the powers of the foster
190	parents of the child and shall include the powers ordinarily
191	granted to a guardian of the person of a minor unless otherwise
192	specified. The court may modify the permanency option of long-
193	term licensed or registeredcustody if it finds that the
194	placement is no longer in the best interest of the child.
195	Section 3. Section 39.704, Florida Statutes, is amended to
196	read:
197	39.704 Exemptions from judicial review.--Judicial review
198	does not apply to:
199	(1) Minors who have been placed in adoptive homes by a
200	licensed child-placing agency; or
201	(2) Minors who are refugees or entrants to whom federal
202	regulations apply and who are in the care of a social service
203	agency; or
204	(3) Minors who are placed in a registered Type II facility
205	or boarding school directly by their parents or legal guardian
206	and for whom no current court case exists.
207	Section 4. This act shall take effect upon becoming a law.