Senate Bill sb1740c2

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    Florida Senate - 2003                    CS for CS for SB 1740

    By the Committees on Criminal Justice; Children and Families;
    and Senator Lynn




    307-2421-03

  1                      A bill to be entitled

  2         An act relating to dependent children; amending

  3         s. 39.202, F.S.; clarifying a right of access

  4         to records for certain attorneys and providing

  5         a right to access for certain school employees

  6         and certain employees and volunteers of a

  7         certified domestic violence center; authorizing

  8         the Department of Children and Family Services

  9         and specified law enforcement agencies to

10         release certain information when a child is

11         under investigation or supervision; providing

12         an exception; providing that persons releasing

13         such information are not subject to civil or

14         criminal penalty for the release; creating s.

15         39.0136, F.S.; providing standards for

16         background screening of persons seeking

17         approval as relative and nonrelative caregivers

18         of children; enumerating offenses the existence

19         of which will cause disapproval; specifying the

20         date that application of standards for

21         background screening becomes effective;

22         amending ss. 39.301, 39.401, 39.521, F.S.;

23         clarifying the screening that must occur for

24         purposes of a child protective investigation,

25         for the placement of a child, and for providing

26         information to the court; amending s. 39.812,

27         F.S.; requiring certain screening of

28         prospective adoptive parents; amending s.

29         63.037, F.S.; exempting adoption proceedings

30         initiated under ch. 39, F.S., from certain

31         provisions of s. 63.092, F.S., relating to

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 1         records checks; amending s. 63.092, F.S.;

 2         conforming a cross-reference; amending s.

 3         119.07, F.S.; providing for the venue of

 4         actions sought to release exempted public

 5         records under ch. 39, F.S.; creating s.

 6         409.017, F.S.; providing standards for

 7         background screening of persons in a household

 8         seeking licensure as a foster home; enumerating

 9         offenses the existence of which will cause

10         disapproval; providing for rescreening;

11         imposing a duty upon the licensee; specifying

12         the date that application of the standards for

13         background screening becomes effective;

14         amending s. 409.175, F.S.; redefining the term

15         "personnel" and deleting the definition of the

16         term "screening"; creating s. 409.177, F.S.;

17         providing standards for background screening

18         for child-placing and residential child-caring

19         agencies; providing for denial of a license and

20         exclusion from employment; creating s.

21         409.1759, F.S.; providing for background

22         screening for summer camp personnel; providing

23         an exception; repealing s. 435.045, F.S.,

24         relating to requirements for placement of

25         dependent children; amending s. 937.021, F.S.;

26         providing for the filing of police reports for

27         missing children in the county or municipality

28         where the child was last seen; providing an

29         effective date.

30  

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

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 1         Section 1.  Subsection (2) of section 39.202, Florida

 2  Statutes, is amended, present subsections (4) through (7) of

 3  that section are renumbered as subsections (5) through (8),

 4  respectively, and subsection (4) is added to that section to

 5  read:

 6         39.202  Confidentiality of reports and records in cases

 7  of child abuse or neglect.--

 8         (2)  Except as provided in subsection (4), access to

 9  such records, excluding the name of the reporter which shall

10  be released only as provided in subsection (5) (4), shall be

11  granted only to the following persons, officials, and

12  agencies:

13         (a)  Employees, authorized agents, or contract

14  providers of the department, the Department of Health, or

15  county agencies responsible for carrying out:

16         1.  Child or adult protective investigations;

17         2.  Ongoing child or adult protective services;

18         3.  Healthy Start services; or

19         4.  Licensure or approval of adoptive homes, foster

20  homes, or child care facilities, or family day care homes or

21  informal child care providers who receive subsidized child

22  care funding, or other homes used to provide for the care and

23  welfare of children.

24  

25  Also, employees or agents of the Department of Juvenile

26  Justice responsible for the provision of services to children,

27  pursuant to chapters 984 and 985.

28         (b)  Criminal justice agencies of appropriate

29  jurisdiction.

30  

31  

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 1         (c)  The state attorney of the judicial circuit in

 2  which the child resides or in which the alleged abuse or

 3  neglect occurred.

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

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

 6  child, and their attorneys, including any attorney

 7  representing a child in civil or criminal proceedings. This

 8  access shall be made available no later than 30 days after the

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

10  abandonment. However, any information otherwise made

11  confidential or exempt by law shall not be released pursuant

12  to this paragraph.

13         (e)  Any person alleged in the report as having caused

14  the abuse, abandonment, or neglect of a child. This access

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

16  department receives the initial report of abuse, abandonment,

17  or neglect and, when the alleged perpetrator is not a parent,

18  shall be limited to information involving the protective

19  investigation only and shall not include any information

20  relating to subsequent dependency proceedings. However, any

21  information otherwise made confidential or exempt by law shall

22  not be released pursuant to this paragraph.

23         (f)  A court upon its finding that access to such

24  records may be necessary for the determination of an issue

25  before the court; however, such access shall be limited to

26  inspection in camera, unless the court determines that public

27  disclosure of the information contained therein is necessary

28  for the resolution of an issue then pending before it.

29         (g)  A grand jury, by subpoena, upon its determination

30  that access to such records is necessary in the conduct of its

31  official business.

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 1         (h)  Any appropriate official of the department

 2  responsible for:

 3         1.  Administration or supervision of the department's

 4  program for the prevention, investigation, or treatment of

 5  child abuse, abandonment, or neglect, or abuse, neglect, or

 6  exploitation of a vulnerable adult, when carrying out his or

 7  her official function;

 8         2.  Taking appropriate administrative action concerning

 9  an employee of the department alleged to have perpetrated

10  child abuse, abandonment, or neglect, or abuse, neglect, or

11  exploitation of a vulnerable adult; or

12         3.  Employing and continuing employment of personnel of

13  the department.

14         (i)  Any person authorized by the department who is

15  engaged in the use of such records or information for bona

16  fide research, statistical, or audit purposes. Such individual

17  or entity shall enter into a privacy and security agreement

18  with the department and shall comply with all laws and rules

19  governing the use of such records and information for research

20  and statistical purposes. Information identifying the subjects

21  of such records or information shall be treated as

22  confidential by the researcher and shall not be released in

23  any form.

24         (j)  The Division of Administrative Hearings for

25  purposes of any administrative challenge.

26         (k)  Any appropriate official of a Florida advocacy

27  council investigating a report of known or suspected child

28  abuse, abandonment, or neglect; the Auditor General or the

29  Office of Program Policy Analysis and Government

30  Accountability for the purpose of conducting audits or

31  

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 1  examinations pursuant to law; or the guardian ad litem for the

 2  child.

 3         (l)  Employees or agents of an agency of another state

 4  that has comparable jurisdiction to the jurisdiction described

 5  in paragraph (a).

 6         (m)  The Public Employees Relations Commission for the

 7  sole purpose of obtaining evidence for appeals filed pursuant

 8  to s. 447.207.  Records may be released only after deletion of

 9  all information which specifically identifies persons other

10  than the employee.

11         (n)  Employees or agents of the Department of Revenue

12  responsible for child support enforcement activities.

13         (o)  Any person in the event of the death of a child

14  determined to be a result of abuse, abandonment, or neglect.

15  Information identifying the person reporting abuse,

16  abandonment, or neglect shall not be released. Any information

17  otherwise made confidential or exempt by law shall not be

18  released pursuant to this paragraph.

19         (p)  The principal of a public school, private school,

20  or charter school where the child is a student. Information

21  contained in the records which the principal determines are

22  necessary for a school employee to effectively provide a

23  student with educational services may be released to that

24  employee.

25         (q)  An employee or a volunteer of a certified domestic

26  violence center if the employee or volunteer is working at the

27  department's request as a case consultant or working with a

28  client who is also a client of the department.

29         (4)  Notwithstanding any other provision of law, when a

30  child under investigation or supervision of the department or

31  

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 1  its contracted service providers is determined to be missing,

 2  the following shall apply:

 3         (a)  The department may release the following

 4  information to the public when it believes the release of the

 5  information is likely to assist efforts in locating the child

 6  or to promote the safety or well-being of the child:

 7         1.  The name of the child and the child's date of

 8  birth;

 9         2.  A physical description of the child, including at a

10  minimum the height, weight, hair color, eye color, gender, and

11  any identifying physical characteristics of the child; and

12         3.  A photograph of the child.

13         (b)  With the concurrence of the law enforcement agency

14  primarily responsible for investigating the incident, the

15  department may release any additional information it believes

16  likely to assist efforts in locating the child or to promote

17  the safety or well-being of the child.

18         (c)  The law enforcement agency primarily responsible

19  for investigating the incident may release any information

20  received from the department regarding the investigation, if

21  it believes the release of the information is likely to assist

22  efforts in locating the child or to promote the safety or

23  well-being of the child.

24  

25  The good-faith publication or release of this information by

26  the department, a law enforcement agency, or any recipient of

27  the information as specifically authorized by this subsection

28  shall not subject the person, agency or entity releasing the

29  information to any civil or criminal penalty. This subsection

30  does not authorize the release of the name of the reporter,

31  which may be released only as provided in subsection (5).

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 1         Section 2.  Section 39.0136, Florida Statutes, is

 2  created to read:

 3         39.0136  Security background investigations.--

 4         (1)  The department shall conduct security background

 5  investigations for any relative or nonrelative caregiver who

 6  is not a licensed foster or shelter parent and who is being

 7  considered for placement of a child subject to the provisions

 8  of this chapter. The security background investigation shall

 9  include all persons older than 12 years of age who reside in

10  the home of the potential caregiver. For purposes of this

11  section, the term "relative" does not include the parent who

12  was designated by the court as the secondary residential

13  parent in any situation in which the court ordered shared

14  parental responsibility or the parent who was granted sole

15  parental responsibility if the court did not order shared

16  parental responsibility.  The term "relative" does include the

17  parent who was not granted sole parental responsibility if the

18  court did not order shared parental responsibility.

19         (2)  For the purposes of this section, security

20  background investigations shall include, but not be limited

21  to, fingerprinting for all purposes and checks in this

22  subsection, statewide criminal and juvenile records checks

23  through the Department of Law Enforcement and the Department

24  of Juvenile Justice, national criminal records checks through

25  the Federal Bureau of Investigation, and local criminal

26  records checks through local law enforcement agencies. For

27  children older than 12 years of age, the security background

28  investigation shall be limited to statewide criminal and

29  juvenile records checks through the Department of Law

30  Enforcement and the Department of Juvenile Justice and local

31  

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 1  criminal records checks through local law enforcement

 2  agencies.

 3         (3)  An offense that would otherwise be a disqualifying

 4  offense under this section shall not be considered a

 5  disqualifying offense if committed by a current or former

 6  foster child before his or her 18th birthday.

 7         (4)  When fingerprinting is required under this section

 8  and a placement decision is being made under exigent

 9  circumstances, the placement may be made based on the results

10  of a national name check through the National Crime

11  Information Center, so long as the required fingerprint

12  information is provided to the Federal Bureau of Investigation

13  within the timeframe established by the Federal Government.

14         (5)  The security background investigations under this

15  section must ensure that no person older than 12 years of age

16  who resides in the home of a relative or nonrelative with whom

17  a child is to be placed has been found guilty of, regardless

18  of adjudication, or entered a plea of nolo contendere or

19  guilty to, any felony offense prohibited under any of the

20  following provisions of the Florida Statutes or under any

21  similar statute of another jurisdiction at any time:

22         (a)  Any statute creating a felony offense relating to

23  domestic violence, as defined in s. 741.28.

24         (b)  Section 782.04, relating to murder.

25         (c)  Section 782.07, relating to manslaughter,

26  aggravated manslaughter of an elderly person or disabled

27  adult, or aggravated manslaughter of a child.

28         (d)  Section 784.021, relating to aggravated assault.

29         (e)  Section 784.045, relating to aggravated battery.

30         (f)  Section 794.011, relating to sexual battery.

31  

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 1         (g)  Former s. 794.041, relating to prohibited act of

 2  persons in familial or custodial authority.

 3         (h)  Section 796.03, relating to procuring a person

 4  younger that 18 years of age for prostitution.

 5         (i)  Section 800.04, relating to lewd or lascivious

 6  offenses committed upon or in the presence of persons younger

 7  than 16 years of age.

 8         (j)  Section 827.03, relating to child abuse,

 9  aggravated child abuse, or neglect of a child.

10         (k)  Section 827.04(3), relating to the impregnation of

11  a child younger than 16 years of age by a person 21 years of

12  age or older.

13         (l)  Former s. 827.05, relating to negligent treatment

14  of children.

15         (m)  Section 827.071, relating to sexual performance by

16  a child.

17         (n)  Section 847.0135, relating to computer

18  pornography.

19         (o)  Section 847.0145, relating to the selling or

20  buying of minors.

21         (6)  The security background investigations under this

22  section must ensure that no person older that 12 years of age

23  who resides in the home of a relative or nonrelative with whom

24  a child is to be placed has been found guilty of, regardless

25  of adjudication, or entered a plea of nolo contendere or

26  guilty to, any felony offense prohibited under any of the

27  following provisions of the Florida Statutes or under any

28  similar statute of another jurisdiction and the offense was

29  committed within the previous 5 years:

30         (a)  Section 414.39, relating to public assistance

31  fraud.

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 1         (b)  Section 415.111, relating to adult abuse, neglect,

 2  or exploitation of an aged person or disabled adult.

 3         (c)  Section 782.071, relating to vehicular homicide.

 4         (d)  Section 782.09, relating to killing of an unborn

 5  child by injury to the mother.

 6         (e)  Section 784.011, relating to assault, if the

 7  victim of the offense was a minor.

 8         (f)  Section 784.03, relating to battery, if the victim

 9  of the offense was a minor.

10         (g)  Section 784.075, relating to battery on a staff

11  member of a detention or commitment facility.

12         (h)  Section 787.01, relating to kidnapping.

13         (i)  Section 787.02, relating to false imprisonment.

14         (j)  Section 787.04(2), relating to taking, enticing,

15  or removing a child beyond the state limits with criminal

16  intent pending custody proceedings.

17         (k)  Section 787.04(3), relating to carrying a child

18  beyond the state lines with criminal intent to avoid producing

19  a child at a custody hearing or delivering the child to the

20  designated person.

21         (l)  Section 790.115(1), relating to exhibiting

22  firearms or weapons within 1,000 feet of a school.

23         (m)  Section 790.115(2)(b), relating to possessing an

24  electric weapon or device, destructive device, or other weapon

25  on school property.

26         (n)  Chapter 796, relating to prostitution, except s.

27  796.03, relating to procuring a person younger than 18 years

28  of age for prostitution.

29         (o)  Section 798.02, relating to lewd and lascivious

30  behavior.

31  

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 1         (p)  Chapter 800, relating to lewdness and indecent

 2  exposure with the exception of s. 800.04, relating to lewd or

 3  lascivious offenses committed upon or in the presence of

 4  persons younger than 16 years of age.

 5         (q)  Section 806.01, relating to arson.

 6         (r)  Chapter 812, relating to theft, robbery, and

 7  related crimes, if the offense is a felony.

 8         (s)  Section 817.563, relating to the fraudulent sale

 9  of controlled substances, if the offense was a felony.

10         (t)  Section 825.102, relating to abuse, aggravated

11  abuse, or neglect of an elderly person or disabled adult.

12         (u)  Section 825.1025, relating to lewd or lascivious

13  offenses committed upon or in the presence of an elderly

14  person or disabled adult.

15         (v)  Section 825.103, relating to exploitation of an

16  elderly person or disabled adult, if the offense was a felony.

17         (w)  Section 826.04, relating to incest.

18         (x)  Section 827.04, relating to contributing to the

19  delinquency or dependency of a child except s. 827.04(3),

20  relating to impregnation of a child younger than 16 years of

21  age by a person 21 years of age or older.

22         (y)  Section 831.01, relating to forgery.

23         (z)  Chapter 837, relating to perjury.

24         (aa)  Section 843.01, relating to resisting arrest with

25  violence.

26         (bb)  Section 843.025, relating to depriving a law

27  enforcement officer, correctional officer, or correctional

28  probation officer of means of protection or communication.

29         (cc)  Section 843.12, relating to aiding in an escape.

30         (dd)  Section 843.13, relating to aiding in the escape

31  of a juvenile inmate in a correctional institution.

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 1         (ee)  Chapter 847, relating to obscene literature,

 2  except s. 847.0135, relating to computer pornography, and s.

 3  847.0145, relating to the selling or buying of minors.

 4         (ff)  Chapter 893, relating to drug abuse prevention

 5  and control, if the offense was a felony or if any other

 6  person involved in the offense was a minor.

 7         (gg)  Section 944.35(3), relating to inflicting cruel

 8  or inhuman treatment on an inmate resulting in great bodily

 9  harm.

10         (hh)  Section 944.46, relating to harboring,

11  concealing, or aiding an escaped prisoner.

12         (ii)  Section 944.47, relating to introduction of

13  contraband into a correctional facility.

14         (jj)  Section 985.40445, relating to sexual misconduct

15  in a juvenile justice program.

16         (kk)  Section 985.4046, relating to introduction of

17  contraband into a detention facility.

18         (7)  If the security background investigation of a

19  relative or nonrelative being considered for placement of a

20  child reveals any misdemeanor conviction, any findings of

21  delinquency, or any felony conviction not identified in

22  subsection (5) or subsection (6), this information shall be

23  recorded in the record of the investigation and shall be

24  considered as a part of the risk assessment that is used to

25  determine the appropriate placement for the child.

26         (8)  All information concerning any person with whom

27  the child is placed which was obtained through the security

28  background investigation shall be presented to the court at

29  the shelter hearing. All information from the Federal Bureau

30  of Investigation and any information that has been sealed or

31  

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 1  any reference to the existence of expunged information may be

 2  shared only with the court in an inspection in camera.

 3         (9)  Any caregiver who becomes aware of a person

 4  becoming a household member of a household where a child is

 5  placed must, within 5 days after that person has become a

 6  household member, submit to the department the information

 7  necessary to conduct a screening under this section.

 8         (10)  A relative or nonrelative caregiver with whom a

 9  child had been placed subject to the provisions of this

10  chapter as of June 30, 2003, shall not be subject to the

11  provisions of this section. The placement of any child subject

12  to the provisions of this chapter with a relative or

13  nonrelative caregiver after June 30, 2003, shall require that

14  the relative or nonrelative caregiver be subject to the

15  security background investigation provided for in this

16  section.

17         Section 3.  Paragraph (c) of subsection (9) of section

18  39.301, Florida Statutes, is amended to read:

19         39.301  Initiation of protective investigations.--

20         (9)  For each report it receives, the department shall

21  perform an onsite child protective investigation that includes

22  a face-to-face interview with the child, other siblings,

23  parents, and other adults in the household and an onsite

24  assessment of the child's residence in order to:

25         (c)  Determine the immediate and long-term risk to each

26  child by conducting a security background check as provided in

27  s. 39.0136 state and federal records checks, including, when

28  feasible, the records of the Department of Corrections, on the

29  parents, legal custodians, or caregivers, and any other

30  persons in the same household. This information shall be used

31  solely for purposes supporting the detection, apprehension,

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 1  prosecution, pretrial release, posttrial release, or

 2  rehabilitation of criminal offenders or persons accused of the

 3  crimes of child abuse, abandonment, or neglect and shall not

 4  be further disseminated or used for any other purpose. The

 5  department's child protection investigators are hereby

 6  designated a criminal justice agency for the purpose of

 7  accessing criminal justice information to be used for

 8  enforcing this state's laws concerning the crimes of child

 9  abuse, abandonment, and neglect.

10         Section 4.  Subsection (3) of section 39.401, Florida

11  Statutes, is amended to read:

12         39.401  Taking a child alleged to be dependent into

13  custody; law enforcement officers and authorized agents of the

14  department.--

15         (3)  If the child is taken into custody by, or is

16  delivered to, an authorized agent of the department, the

17  authorized agent shall review the facts supporting the removal

18  with an attorney representing the department. The purpose of

19  this review shall be to determine whether probable cause

20  exists for the filing of a shelter petition.  If the facts are

21  not sufficient to support the filing of a shelter petition,

22  the child shall immediately be returned to the custody of the

23  parent or legal custodian. If the facts are sufficient to

24  support the filing of the shelter petition and the child has

25  not been returned to the custody of the parent or legal

26  custodian, the department shall file the petition and schedule

27  a hearing, and the attorney representing the department shall

28  request that a shelter hearing be held as quickly as possible,

29  not to exceed 24 hours after the removal of the child. While

30  awaiting the shelter hearing, the authorized agent of the

31  department may place the child in licensed shelter care or may

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 1  release the child to a parent or legal custodian or

 2  responsible adult relative who shall be given priority

 3  consideration over a licensed placement, or a responsible

 4  adult approved by the department when this is in the best

 5  interests of the child. Any placement of a child which is not

 6  in a licensed shelter must be preceded by a security

 7  background investigation, as described in s. 39.0136 local and

 8  state criminal records check, as well as a search of the

 9  department's automated abuse information system, on all

10  members of the household, to assess the child's safety within

11  the home. In addition, the department may authorize placement

12  of a housekeeper/homemaker in the home of a child alleged to

13  be dependent until the parent or legal custodian assumes care

14  of the child.

15         Section 5.  Paragraphs (k) and (r) of subsection (2) of

16  section 39.521, Florida Statutes, are amended to read:

17         39.521  Disposition hearings; powers of disposition.--

18         (2)  The predisposition study must provide the court

19  with the following documented information:

20         (k)  A Central Florida Abuse Hotline Information System

21  (FAHIS) history and criminal records check as provided for in

22  s. 39.0136 for all caregivers, family members, and individuals

23  residing within the household from which the child was

24  removed.

25         (r)  If the child has been removed from the home and

26  will be remaining with a relative or other adult approved by

27  the court, a home study report concerning the proposed

28  placement shall be included in the predisposition report.

29  Prior to recommending to the court any out-of-home placement

30  for a child other than placement in a licensed shelter or

31  foster home, the department shall conduct a study of the home

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 1  of the proposed legal custodians, which must include, at a

 2  minimum:

 3         1.  An interview with the proposed legal custodians to

 4  assess their ongoing commitment and ability to care for the

 5  child.

 6         2.  Records checks through the Central Florida Abuse

 7  Hotline Information System (FAHIS), and a security background

 8  investigation as provided for in s. 39.0136 local and

 9  statewide criminal and juvenile records checks through the

10  Department of Law Enforcement, on all household members 12

11  years of age or older and any other persons made known to the

12  department who are frequent visitors in the home.

13  Out-of-state criminal records checks must be initiated for any

14  individual designated above who has resided in a state other

15  than Florida provided that state's laws allow the release of

16  these records. The out-of-state criminal records must be filed

17  with the court within 5 days after receipt by the department

18  or its agent.

19         3.  An assessment of the physical environment of the

20  home.

21         4.  A determination of the financial security of the

22  proposed legal custodians.

23         5.  A determination of suitable child care arrangements

24  if the proposed legal custodians are employed outside of the

25  home.

26         6.  Documentation of counseling and information

27  provided to the proposed legal custodians regarding the

28  dependency process and possible outcomes.

29         7.  Documentation that information regarding support

30  services available in the community has been provided to the

31  proposed legal custodians.

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 1  

 2  The department shall not place the child or continue the

 3  placement of the child in a home under shelter or

 4  postdisposition placement if the results of the home study are

 5  unfavorable, unless the court finds that this placement is in

 6  the child's best interest.

 7  

 8  Any other relevant and material evidence, including other

 9  written or oral reports, may be received by the court in its

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

11  child and may be relied upon to the extent of its probative

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

13  Except as otherwise specifically provided, nothing in this

14  section prohibits the publication of proceedings in a hearing.

15         Section 6.  Subsection (6) is added to section 39.812,

16  Florida Statutes, to read:

17         39.812  Postdisposition relief; petition for

18  adoption.--

19         (6)  Any person considered for placement for the

20  adoption of a child under this chapter must meet the screening

21  requirements set forth in s. 39.0136.

22         Section 7.  Section 63.037, Florida Statutes, is

23  amended to read:

24         63.037  Proceedings applicable to cases resulting from

25  a termination of parental rights under chapter 39.--A case in

26  which a minor becomes available for adoption after the

27  parental rights of each parent have been terminated by a

28  judgment entered pursuant to chapter 39 shall be governed by

29  s. 39.812 and this chapter. Adoption proceedings initiated

30  under chapter 39 are exempt from the following provisions of

31  this chapter: disclosure requirements for the adoption entity

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 1  provided in s. 63.085; general provisions governing

 2  termination of parental rights pending adoption provided in s.

 3  63.087; notice and service provisions governing termination of

 4  parental rights pending adoption provided in s. 63.088; and

 5  procedures for terminating parental rights pending adoption

 6  provided in s. 63.089; and the records check of the

 7  department's central abuse hotline and criminal records

 8  correspondence checks provided in s. 63.092(3)(b).

 9         Section 8.  Subsection (3) of section 63.092, Florida

10  Statutes, is amended to read:

11         63.092  Report to the court of intended placement by an

12  adoption entity; at-risk placement; preliminary study.--

13         (3)  PRELIMINARY HOME STUDY.--Before placing the minor

14  in the intended adoptive home, a preliminary home study must

15  be performed by a licensed child-placing agency, a

16  child-caring agency registered under s. 409.176, a licensed

17  professional, or agency described in s. 61.20(2), unless the

18  petitioner is a stepparent, a spouse of the parent, or a

19  relative.  The preliminary study shall be completed within 30

20  days after the receipt by the court of the adoption entity's

21  report, but in no event may the minor be placed in the

22  prospective adoptive home prior to the completion of the

23  preliminary study unless ordered by the court. If the

24  petitioner is a stepparent, a spouse of the parent, or a

25  relative, the preliminary home study may be required by the

26  court for good cause shown.  The department is required to

27  perform the preliminary home study only if there is no

28  licensed child-placing agency, child-caring agency registered

29  under s. 409.176, licensed professional, or agency described

30  in s. 61.20(2), in the county where the prospective adoptive

31  parents reside. The preliminary home study must be made to

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 1  determine the suitability of the intended adoptive parents and

 2  may be completed prior to identification of a prospective

 3  adoptive minor.  A favorable preliminary home study is valid

 4  for 1 year after the date of its completion. Upon its

 5  completion, a copy of the home study must be provided to the

 6  intended adoptive parents who were the subject of the home

 7  study. A minor may not be placed in an intended adoptive home

 8  before a favorable preliminary home study is completed unless

 9  the adoptive home is also a licensed foster home under s.

10  409.175.  The preliminary home study must include, at a

11  minimum:

12         (a)  An interview with the intended adoptive parents;

13         (b)  Records checks of the department's central abuse

14  hotline registry and criminal records correspondence checks

15  pursuant to s. 435.03 s. 435.045 through the Department of Law

16  Enforcement on the intended adoptive parents;

17         (c)  An assessment of the physical environment of the

18  home;

19         (d)  A determination of the financial security of the

20  intended adoptive parents;

21         (e)  Documentation of counseling and education of the

22  intended adoptive parents on adoptive parenting;

23         (f)  Documentation that information on adoption and the

24  adoption process has been provided to the intended adoptive

25  parents;

26         (g)  Documentation that information on support services

27  available in the community has been provided to the intended

28  adoptive parents; and

29         (h)  A copy of each signed acknowledgment required by

30  s. 63.085.

31  

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 1  If the preliminary home study is favorable, a minor may be

 2  placed in the home pending entry of the judgment of adoption.

 3  A minor may not be placed in the home if the preliminary home

 4  study is unfavorable.  If the preliminary home study is

 5  unfavorable, the adoption entity may, within 20 days after

 6  receipt of a copy of the written recommendation, petition the

 7  court to determine the suitability of the intended adoptive

 8  home.  A determination as to suitability under this subsection

 9  does not act as a presumption of suitability at the final

10  hearing. In determining the suitability of the intended

11  adoptive home, the court must consider the totality of the

12  circumstances in the home. No minor may be placed in a home in

13  which there resides any person determined by the court to be a

14  sexual predator as defined in s. 775.21 or to have been

15  convicted of an offense listed in s. 63.089(4)(b)2.

16         Section 9.  Paragraph (d) is added to subsection (7) of

17  section 119.07, Florida Statutes, to read:

18         119.07  Inspection, examination, and duplication of

19  records; exemptions.--

20         (7)

21         (d)  Notwithstanding s. 47.011, any action seeking to

22  establish good cause for the release of public records that

23  are exempt and confidential pursuant to chapter 39 may be

24  brought in any county where some of the records are located,

25  where the individuals referred to in the records reside, where

26  the petitioner resides, or where the agency is located. If the

27  venue might have been laid in two or more counties, the person

28  bringing the action may select the county in which the action

29  is sought, subject only to the discretion of the court in the

30  fair administration of justice.

31  

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 1         Section 10.  Section 409.017, Florida Statutes, is

 2  created to read:

 3         409.017  Background screening for foster parents.--

 4         (1)  The department shall conduct security background

 5  investigations for any person being considered by the

 6  department for licensure as a foster parent. This

 7  investigation shall be completed before the person may be

 8  licensed as a foster parent and before a child is placed with

 9  the prospective foster parent. The screening shall include any

10  person older than 12 years of age who resides in the home.

11         (2)  For the purposes of this section, security

12  background investigations shall include, but not be limited

13  to, fingerprinting for all purposes and checks in this

14  subsection, statewide criminal and juvenile records checks

15  through the Department of Law Enforcement and the Department

16  of Juvenile Justice, national criminal records checks through

17  the Federal Bureau of Investigation, and local criminal

18  records checks through local law enforcement agencies. For

19  children older than 12 years of age, the security background

20  investigation shall be limited to statewide criminal and

21  juvenile records checks through the Department of Law

22  Enforcement and the Department of Juvenile Justice and local

23  criminal records checks through local law enforcement

24  agencies.

25         (3)  For purposes of this section, offenses that would

26  otherwise be disqualifying are not disqualifying if committed

27  by a current or former foster child before the 18th birthday

28  of the child.

29         (4)  The security background investigations under this

30  section must ensure that no foster parent licensed by the

31  state or person older than 12 years of age who resides in a

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 1  foster home, with the exception of current or former foster

 2  children as specified in subsection (3), has been found guilty

 3  of, regardless of adjudication, or entered a plea of nolo

 4  contendere or guilty to, any felony offense prohibited under

 5  any of the following provisions of the Florida Statutes or

 6  under any similar statute of another jurisdiction at any time:

 7         (a)  Any statute creating a felony offense relating to

 8  domestic violence, as defined in s. 741.28.

 9         (b)  Section 782.04, relating to murder.

10         (c)  Section 782.07, relating to manslaughter,

11  aggravated manslaughter of an elderly person or disabled

12  adult, or aggravated manslaughter of a child.

13         (d)  Section 784.021, relating to aggravated assault.

14         (e)  Section 784.045, relating to aggravated battery.

15         (f)  Section 794.011, relating to sexual battery.

16         (g)  Former s. 794.041, relating to prohibited act of

17  persons in familial or custodial authority.

18         (h)  Section 796.03, relating to procuring a person

19  younger that 18 years of age for prostitution.

20         (i)  Section 800.04, relating to lewd or lascivious

21  offenses committed upon or in the presence of persons younger

22  than 16 years of age.

23         (j)  Section 827.03, relating to child abuse,

24  aggravated child abuse, or neglect of a child.

25         (k)  Section 827.04(3), relating to the impregnation of

26  a child younger than 16 years of age by a person 21 years of

27  age or older.

28         (l)  Former s. 827.05, relating to negligent treatment

29  of children.

30         (m)  Section 827.071, relating to sexual performance by

31  a child.

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 1         (n)  Section 847.0135, relating to computer

 2  pornography.

 3         (o)  Section 847.0145, relating to the selling or

 4  buying of minors.

 5         (5)  The security background investigations under this

 6  section must ensure that no foster parent licensed by the

 7  state or person residing in a foster home who is older than 12

 8  years of age, with the exception of current or former foster

 9  children as specified in subsection (3), has been found guilty

10  of, regardless of adjudication, or entered a plea of nolo

11  contendere or guilty to, any felony offense prohibited under

12  any of the following provisions of the Florida Statutes or

13  under any similar statute of another jurisdiction and the

14  offense was committed within the previous 5 years:

15         (a)  Section 414.39, relating to public assistance

16  fraud.

17         (b)  Section 415.111, relating to adult abuse, neglect,

18  or exploitation of an aged person or disabled adult.

19         (c)  Section 782.071, relating to vehicular homicide.

20         (d)  Section 782.09, relating to killing of an unborn

21  child by injury to the mother.

22         (e)  Section 784.011, relating to assault, if the

23  victim of the offense was a minor.

24         (f)  Section 784.03, relating to battery, if the victim

25  of the offense was a minor.

26         (g)  Section 784.075, relating to battery on a staff

27  member of a detention or commitment facility.

28         (h)  Section 787.01, relating to kidnapping.

29         (i)  Section 787.02, relating to false imprisonment.

30  

31  

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 1         (j)  Section 787.04(2), relating to taking, enticing,

 2  or removing a child beyond the state limits with criminal

 3  intent pending custody proceedings.

 4         (k)  Section 787.04(3), relating to carrying a child

 5  beyond the state lines with criminal intent to avoid producing

 6  a child at a custody hearing or delivering the child to the

 7  designated person.

 8         (l)  Section 790.115(1), relating to exhibiting

 9  firearms or weapons within 1,000 feet of a school.

10         (m)  Section 790.115(2)(b), relating to possessing an

11  electric weapon or device, destructive device, or other weapon

12  on school property.

13         (n)  Chapter 796, relating to prostitution, except s.

14  796.03, relating to procuring a person younger than 18 years

15  of age for prostitution.

16         (o)  Section 798.02, relating to lewd and lascivious

17  behavior.

18         (p)  Chapter 800, relating to lewdness and indecent

19  exposure with the exception of s. 800.04, relating to lewd or

20  lascivious offenses committed upon or in the presence of

21  persons younger than 16 years of age.

22         (q)  Section 806.01, relating to arson.

23         (r)  Chapter 812, relating to theft, robbery, and

24  related crimes, if the offense is a felony.

25         (s)  Section 817.563, relating to the fraudulent sale

26  of controlled substances, if the offense was a felony.

27         (t)  Section 825.102, relating to abuse, aggravated

28  abuse, or neglect of an elderly person or disabled adult.

29         (u)  Section 825.1025, relating to lewd or lascivious

30  offenses committed upon or in the presence of an elderly

31  person or disabled adult.

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 1         (v)  Section 825.103, relating to exploitation of an

 2  elderly person or disabled adult, if the offense was a felony.

 3         (w)  Section 826.04, relating to incest.

 4         (x)  Section 827.04, relating to contributing to the

 5  delinquency or dependency of a child except s. 827.04(3),

 6  relating to impregnation of a child younger than 16 years of

 7  age by a person 21 years of age or older.

 8         (y)  Section 831.01, relating to forgery.

 9         (z)  Chapter 837, relating to perjury.

10         (aa)  Section 843.01, relating to resisting arrest with

11  violence.

12         (bb)  Section 843.025, relating to depriving a law

13  enforcement officer, correctional officer, or correctional

14  probation officer of means of protection or communication.

15         (cc)  Section 843.12, relating to aiding in an escape.

16         (dd)  Section 843.13, relating to aiding in the escape

17  of a juvenile inmate in a correctional institution.

18         (ee)  Chapter 847, relating to obscene literature,

19  except s. 847.0135, relating to computer pornography, and s.

20  847.0145, relating to the selling or buying of minors.

21         (ff)  Chapter 893, relating to drug abuse prevention

22  and control, if the offense was a felony or if any other

23  person involved in the offense was a minor.

24         (gg)  Section 944.35(3), relating to inflicting cruel

25  or inhuman treatment on an inmate resulting in great bodily

26  harm.

27         (hh)  Section 944.46, relating to harboring,

28  concealing, or aiding an escaped prisoner.

29         (ii)  Section 944.47, relating to introduction of

30  contraband into a correctional facility.

31  

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 1         (jj)  Section 985.40445, relating to sexual misconduct

 2  in a juvenile justice program.

 3         (kk)  Section 985.4046, relating to introduction of

 4  contraband into a detention facility.

 5         (6)  If the security background investigation of a

 6  person seeking licensure as a foster parent or any person

 7  residing in the home, with the exception of current or former

 8  foster children, reveals any findings of delinquency, any

 9  misdemeanor conviction, or any felony conviction not

10  identified in subsection (4) or subsection (5), this

11  information shall be considered as a part of the determination

12  as to whether to issue a foster care license to the applicant

13  or to revoke a foster care license. In addition, any offenses

14  which would otherwise be disqualifying but which are not

15  disqualifying as a result of subsection (3) shall be

16  considered as a part of the determination as to whether to

17  issue a foster care license to the applicant or revoke a

18  foster care license.

19         (7)  The security background investigation of a

20  prospective foster parent must ensure that the previous

21  licensing of any prospective foster parent and any information

22  relevant to such previous license is considered in deciding

23  whether or not to issue a foster care license.

24         (8)  Persons who are licensed as foster parents shall

25  be rescreened pursuant to this section no less frequently than

26  upon each application for relicensing. The rescreening must

27  include, at a minimum, local criminal records checks through

28  local law enforcement agencies. At a minimum of every 5 years,

29  statewide criminal records checks through the Department of

30  Law Enforcement must also be conducted. The department may by

31  rule provide for more frequent rescreening.

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 1         (9)  The licensee is responsible for ensuring that any

 2  person becoming a member of the household of a licensed foster

 3  home submits to the department, within 5 days after becoming a

 4  household member, the information necessary to conduct a

 5  screening under this section.

 6         (10)  Persons in a foster home that holds a valid

 7  license on June 30, 2003, shall be subject only to the

 8  rescreening requirements of subsection (8). The background

 9  screening requirements that were in effect June 30, 2003,

10  shall continue to be the standards required for relicensure.

11         Section 11.  Paragraphs (i) and (k) of subsection (2)

12  of section 409.175, Florida Statutes, are amended to read:

13         409.175  Licensure of family foster homes, residential

14  child-caring agencies, and child-placing agencies.--

15         (2)  As used in this section, the term:

16         (i)  "Personnel" means all owners, operators,

17  employees, and volunteers working in a child-placing agency,

18  family foster home, or residential child-caring agency who may

19  be employed by or do volunteer work for a person, corporation,

20  or agency which holds a license as a child-placing agency or a

21  residential child-caring agency, but the term does not include

22  those who do not work on the premises where child care is

23  furnished and either have no direct contact with a child or

24  have no contact with a child outside of the presence of the

25  child's parent or guardian.  For purposes of screening, the

26  term shall include any member, over the age of 12 years, of

27  the family of the owner or operator or any person other than a

28  client, over the age of 12 years, residing with the owner or

29  operator if the agency or family foster home is located in or

30  adjacent to the home of the owner or operator or if the family

31  member of, or person residing with, the owner or operator has

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 1  any direct contact with the children. Members of the family of

 2  the owner or operator, or persons residing with the owner or

 3  operator, who are between the ages of 12 years and 18 years

 4  shall not be required to be fingerprinted, but shall be

 5  screened for delinquency records. For purposes of screening,

 6  the term "personnel" shall also include owners, operators,

 7  employees, and volunteers working in summer day camps, or

 8  summer 24-hour camps providing care for children.  A volunteer

 9  who assists on an intermittent basis for less than 40 hours

10  per month shall not be included in the term "personnel" for

11  the purposes of screening, provided that the volunteer is

12  under direct and constant supervision by persons who meet the

13  personnel requirements of this section.

14         (k)  "Screening" means the act of assessing the

15  background of personnel and includes, but is not limited to,

16  employment history checks as provided in chapter 435, using

17  the level 2 standards for screening set forth in that chapter.

18  Screening for employees and volunteers in summer day camps and

19  summer 24-hour camps and screening for all volunteers included

20  under the definition of "personnel" shall be conducted as

21  provided in chapter 435, using the level 1 standards set forth

22  in that chapter.

23         Section 12.  Section 409.177, Florida Statutes, is

24  created to read:

25         409.177  Background screening for personnel of

26  child-placing agencies and residential child-caring agencies

27  providing care for children.--

28         (1)  The department must conduct criminal records

29  checks equivalent to the level 2 screening requirement of s.

30  435.04 for the following persons:

31  

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 1         (a)  The personnel of any child-caring or child-placing

 2  agency.

 3         (b)  Any person other than a client older than 12 years

 4  of age who resides with the owner or operator of a

 5  child-placing agency or residential child-caring agency if the

 6  agency is located in or adjacent to the home of the owner or

 7  operator or if the person residing with the owner or operator

 8  has any direct contact with the children.

 9  

10  For children older than 12 years of age who reside with the

11  owner or operator, the security background investigation shall

12  be limited to statewide criminal and juvenile records checks

13  through the Department of Law Enforcement and local criminal

14  records checks through local law enforcement agencies.

15         (2)  When the department has reasonable cause to

16  believe that grounds exist for the denial of a license or

17  exclusion from employment based on the screening required by

18  this section, it shall follow the provisions of s. 435.06.

19         (3)  Exemptions from disqualification may be granted,

20  at the discretion of the department, as provided in section

21  435.07.

22         Section 13.  Section 409.1759, Florida Statutes, is

23  created to read:

24         409.1759  Background screening for summer day camps and

25  summer 24-hour camps.--

26         (1)  Operators, owners, employees, and volunteers of

27  summer day camps and summer 24-hour camps must obtain criminal

28  records checks equivalent to the level 1 screening requirement

29  of s. 435.03.

30         (2)  A volunteer who assists on an intermittent basis

31  for less than 40 hours per month is not required to be

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 1  screened if the volunteer is under direct and constant

 2  supervision by persons who have been screened pursuant to this

 3  section.

 4         Section 14.  Section 435.045, Florida Statutes, is

 5  repealed.

 6         Section 15.  Section 937.021, Florida Statutes, is

 7  amended to read:

 8         937.021  Missing child reports.--

 9         (1)  Upon the filing of a police report that a child is

10  missing by the parent or guardian, the law enforcement agency

11  receiving the report written notification shall immediately

12  inform all on-duty law enforcement officers of the existence

13  of the missing child report, communicate the report to every

14  other law enforcement agency having jurisdiction in the

15  county, and transmit the report for inclusion within the

16  Florida Crime Information Center computer.

17         (2)  A police report that a child is missing may be

18  filed with the law enforcement agency having jurisdiction in

19  the county or municipality in which the child was last seen

20  prior to the filing of the report, without regard to whether

21  the child resides in or has any significant contacts with that

22  county or municipality. The filing of such a report shall

23  impose the duties specified in subsection (1) upon that law

24  enforcement agency.

25         Section 16.  This act shall take effect July 1, 2003.

26  

27          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
28                            CS/SB 1740

29                                 

30  Provides a reference to the Department of Juvenile Justice as
    it relates to a juvenile record's check.
31  

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