Senate Bill sb1974

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    Florida Senate - 2003                                  SB 1974

    By Senator Campbell





    32-742-03

  1                      A bill to be entitled

  2         An act relating to guardian ad litem services;

  3         providing legislative findings and intent;

  4         creating the Statewide Guardian Ad Litem Office

  5         within the Justice Administrative Commission;

  6         providing for the appointment of an executive

  7         director; providing for the duties of the

  8         executive director; providing responsibilities

  9         of the office; requiring the office to submit

10         to the Governor, legislative leaders, and the

11         Chief Justice of the Florida Supreme Court an

12         annual report and a plan for meeting the

13         guardian ad litem needs of the state;

14         transferring a pilot program for attorneys ad

15         litem for dependent children to the office;

16         transferring funds and positions to the office;

17         providing an effective date.

18  

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

20  

21         Section 1.  Creation of the Statewide Guardian Ad Litem

22  Office; legislative findings and intent; appointment of an

23  executive director; duties of the office; transfer of existing

24  programs.--

25         (1)  LEGISLATIVE FINDINGS AND INTENT.--

26         (a)  The Legislature finds that for the past 20 years

27  the guardian ad litem program has been the only mechanism for

28  representing the best interests of children in this state who

29  are involved in dependency proceedings.

30         (b)  The Legislature also finds that, while the

31  guardian ad litem program has been supervised by the Office of

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    Florida Senate - 2003                                  SB 1974
    32-742-03




 1  the State Courts Administrator since the inception of the

 2  program, there is a perceived conflict of interest created by

 3  the supervision of program staff by the judges before whom

 4  they appear.

 5         (c)  The Legislature further finds that the guardian ad

 6  litem program has not been identified as a core element of the

 7  judicial branch and is therefore scheduled to be moved out of

 8  the branch in 2004 as a result of a revision to Article V of

 9  the State Constitution. It is, therefore, the intent of the

10  Legislature to assign the guardian ad litem program to an

11  appropriate agency and to provide a statewide infrastructure

12  to improve functioning and increase standardization among the

13  local programs currently operating in the 20 judicial

14  circuits.

15         (2)  STATEWIDE GUARDIAN AD LITEM OFFICE.--There is

16  created a Statewide Guardian Ad Litem Office within the

17  Justice Administrative Commission. The Justice Administrative

18  Commission shall, within the available resources of the

19  commission, provide administrative support and services to the

20  office to the extent requested by the executive director of

21  the office. The Statewide Guardian Ad Litem Office is not

22  subject to control, supervision, or direction by the Justice

23  Administrative Commission in the performance of its duties.

24         (a)  The head of the Statewide Guardian Ad Litem Office

25  is the executive director, who shall be appointed by the

26  Governor in consultation with the Chief Justice of the Florida

27  Supreme Court. The executive director must have knowledge of

28  dependency law and knowledge of social service delivery

29  systems available to meet the needs of children who have been

30  adjudicated dependent. The executive director shall serve full

31  time and shall personally or through representatives of the

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    Florida Senate - 2003                                  SB 1974
    32-742-03




 1  office carry out the purposes and functions of the Statewide

 2  Guardian Ad Litem Office in accordance with state and federal

 3  law. The executive director shall serve at the pleasure of the

 4  Governor and shall report to the Governor.

 5         (b)  The Statewide Guardian Ad Litem Office shall,

 6  within available resources, have oversight responsibilities

 7  for and provide technical assistance to all guardian ad litem

 8  programs located within the judicial circuits.

 9         1.  The office shall review the current guardian ad

10  litem programs in this state and in other states.

11         2.  The office, in consultation with local guardian ad

12  litem offices, shall develop statewide performance measures

13  and standards.

14         3.  The office shall develop a guardian ad litem

15  training program. The office shall establish a curriculum

16  committee to develop the training program, which committee

17  shall include, but is not limited to, dependency judges,

18  directors of circuit guardian ad litem programs, active

19  certified guardians ad litem, a mental health professional who

20  specializes in the treatment of children, a member of a child

21  advocacy group, a representative of the Florida Coalition

22  Against Domestic Violence, and a social worker who is

23  experienced in working with victims and perpetrators of child

24  abuse.

25         4.  The office shall review the various methods of

26  funding guardian ad litem programs, shall maximize the use of

27  those funding sources as much as possible, and shall review

28  the kinds of services that are being provided by circuit

29  guardian ad litem programs.

30         5.  The office may conduct or contract for

31  demonstration projects, within the funds that have been

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    Florida Senate - 2003                                  SB 1974
    32-742-03




 1  appropriated or through gifts, grants, or contributions for

 2  such purposes, to determine the feasibility or desirability of

 3  new concepts of organization, administration, financing, or

 4  service delivery designed to preserve the civil and

 5  constitutional rights and to fulfill other needs of dependent

 6  children.

 7         6.  By October 1, 2004, the office shall submit to the

 8  Governor, the President of the Senate, the Speaker of the

 9  House of Representatives, and the Chief Justice of the Supreme

10  Court an interim report that describes the progress of the

11  office in meeting the goals described in this section. By

12  October 1, 2004, the office shall also submit to the Governor,

13  the President of the Senate, the Speaker of the House of

14  Representatives, and the Chief Justice of the Supreme Court a

15  proposed plan that includes alternatives for meeting the

16  guardian ad litem needs in this state. This plan may include

17  recommendations covering less than the entire state, may

18  include a phase-in system, and must include estimates of the

19  cost of each of the alternatives. Each year thereafter, the

20  office shall submit a status report and provide further

21  recommendations to address the need for guardian ad litem

22  services and related issues.

23         Section 2.  The pilot program for attorneys ad litem

24  for dependent children, established under section 39.4086,

25  Florida Statutes, is transferred from the Office of the State

26  Courts Administrator to the Statewide Guardian Ad Litem Office

27  within the Justice Administrative Commission.

28         Section 3.  All funds and positions associated with the

29  guardian ad litem program in the Office of the State Courts

30  Administrator are transferred by a type II transfer to the

31  

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    Florida Senate - 2003                                  SB 1974
    32-742-03




 1  Statewide Guardian Ad Litem Office within the Justice

 2  Administrative Commission.

 3         Section 4.  This act shall take effect July 1, 2003.

 4  

 5            *****************************************

 6                          SENATE SUMMARY

 7    Creates the Statewide Guardian Ad Litem Office within the
      Justice Administrative Commission. Provides legislative
 8    findings and intent. Provides for the appointment of an
      executive director. Provides the duties of the executive
 9    director. Provides responsibilities of the office.
      Requires the office to submit to the Governor,
10    legislative leaders, and the Chief Justice of the Florida
      Supreme Court an annual report and a plan for meeting the
11    guardian ad litem needs of the state. Transfers a pilot
      program for attorneys ad litem for dependent children to
12    the office. Transfers funds and positions from the Office
      of the State Courts Administrator to the Statewide
13    Guardian Ad Litem Office.

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