Senate Bill sb2124
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Florida Senate - 2003 SB 2124
By Senator Peaden
2-1155-03 See HB
1 A bill to be entitled
2 An act relating to legal representation for
3 dependent children; amending s. 39.4086, F.S.;
4 requiring each circuit court in the state to
5 establish a system of representation for
6 children in state custody; authorizing the
7 judicial circuits to contract with a public or
8 private entity to provide representation;
9 requiring the Office of the State Courts
10 Administrator in conjunction with the circuit
11 courts to develop a training program for
12 attorneys to be appointed to represent
13 dependent children; providing requirements for
14 such attorneys; providing circumstances under
15 which the court shall appoint an attorney to
16 represent a child in a dependency proceeding;
17 requiring the Department of Children and Family
18 Services to provide specified information to a
19 court-appointed attorney; providing
20 requirements with respect to the attorney's
21 representation of the dependent child;
22 requiring the Office of the State Courts
23 Administrator to evaluate the system;
24 eliminating the 3-year pilot Attorney Ad Litem
25 Program in the Ninth Judicial Circuit; creating
26 s. 39.8225, F.S.; requiring the circuit courts
27 of the state to establish a system to provide
28 representation to children in child abuse,
29 abandonment, or neglect proceedings through the
30 appointment of a guardian ad litem; authorizing
31 the circuit courts to contract with public or
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Florida Senate - 2003 SB 2124
2-1155-03 See HB
1 private entities to provide guardian ad litem
2 services; providing an effective date.
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4 Be It Enacted by the Legislature of the State of Florida:
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6 Section 1. Section 39.4086, Florida Statutes, is
7 amended to read:
8 39.4086 Pilot program for Attorneys ad litem for
9 dependent children.--
10 (1) LEGISLATIVE INTENT.--In furtherance of the goals
11 set forth in s. 39.4085, it is the intent of the Legislature
12 that children who are maintained in out-of-home care by court
13 order under s. 39.402 receive competent legal representation.
14 (2) RESPONSIBILITIES.--
15 (a) Each circuit court in the state shall establish a
16 system of representation for children in the dependency
17 system. Each judicial circuit may contract with a private or
18 public entity to provide this representation. The private or
19 public entity must have appropriate expertise in representing
20 the rights of children taken into custody by the Department of
21 Children and Family Services. The Office of the State Courts
22 Administrator shall establish a 3-year pilot Attorney Ad Litem
23 Program in the Ninth Judicial Circuit.
24 (b) The Office of the State Courts Administrator shall
25 establish the pilot program in the Ninth Judicial Circuit by
26 October 1, 2000. The Ninth Judicial Circuit may contract with
27 a private or public entity in the Ninth Judicial Circuit to
28 establish the pilot program. The private or public entity must
29 have appropriate expertise in representing the rights of
30 children taken into custody by the Department of Children and
31 Family Services. The Office of the State Courts Administrator
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Florida Senate - 2003 SB 2124
2-1155-03 See HB
1 shall identify measurable outcomes, including, but not limited
2 to, the impact of counsel on child safety, improvements in the
3 provision of appropriate services, and any reduction in the
4 length of stay of children in state care. The pilot program
5 shall be established and operate independently of any other
6 state agency responsible for the care of children taken into
7 custody.
8 (c) The Ninth Judicial Circuit shall designate an
9 attorney within the Ninth Judicial Circuit to conduct the
10 administrative oversight of the pilot program. The program
11 administrator must be a member in good standing of The Florida
12 Bar and must have 5 or more years of experience in the area of
13 child advocacy, child welfare, or juvenile law. The
14 administrative oversight of the pilot program is subject to
15 supervision by the Ninth Judicial Circuit.
16 (b)(d) The Office of the State Courts Administrator in
17 conjunction with the circuit courts pilot program shall
18 develop a training program for attorneys to be appointed to
19 represent dependent children ad litem which includes, but need
20 not be limited to, appropriate standards of practice for
21 attorneys who represent children. The Office of the State
22 Courts Administrator may contract with a private or public
23 entity to provide the training program.
24 (c)(e) Within funds specifically appropriated for this
25 pilot program, the Office of the State Courts Administrator in
26 conjunction with the pilot program shall design an appropriate
27 attorney ad litem program and may establish the number of
28 attorneys needed to serve as attorneys ad litem and may employ
29 attorneys and other personnel. An attorney appointed to
30 represent dependent children ad litem must be a member in good
31 standing of The Florida Bar and may not serve as an attorney
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Florida Senate - 2003 SB 2124
2-1155-03 See HB
1 under this section ad litem until he or she has completed the
2 training program established pursuant to paragraph (b).
3 (d)(f) The court shall appoint an attorney to
4 represent a child in a dependency proceeding the entity
5 responsible for representation of children in the Ninth
6 Judicial Circuit under the pilot program who are continued in
7 out-of-home care at the shelter hearing conducted under s.
8 39.402 if the court deems attorney ad litem representation
9 necessary. At any time following the shelter hearing, the
10 court may appoint an attorney for a child ad litem upon the
11 motion of any party, or upon the court's own motion if an
12 attorney ad litem has not yet been appointed and the court
13 deems such representation necessary. The attorney ad litem's
14 representation shall be limited to proceedings initiated under
15 this chapter only. The court must appoint a guardian ad litem
16 pursuant to s. 39.822 for all children who have been appointed
17 an attorney ad litem. Upon this action by the court, the
18 department shall provide to the attorney administrator, at a
19 minimum, the name of the child, the location and placement of
20 the child, the name of the department's authorized agent and
21 contact information, copies of all notices sent to the parent
22 or legal custodian of the child, and other information or
23 records concerning the child.
24 (e)(g) Upon the court's direction, the pilot program
25 administrator shall assign an attorney ad litem to represent
26 the child. Once assigned, the attorney ad litem shall
27 represent the child's wishes after consulting with and
28 advising the child in a manner appropriate to the child's age
29 for purposes of proceedings under this chapter as long as the
30 child's wishes are consistent with the safety and well-being
31 of the child. The child's attorney must in all circumstances
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Florida Senate - 2003 SB 2124
2-1155-03 See HB
1 fulfill the same duties of advocacy, loyalty, confidentiality,
2 and competent representation which are due an adult client.
3 The court must approve any action by the attorney for a
4 dependent child ad litem restricting access to the child by
5 the guardian ad litem or by any other party. The attorney ad
6 litem shall represent the child until the program is
7 discharged by order of the court because permanency has been
8 achieved or the court believes that the attorney ad litem is
9 no longer necessary.
10 (f)(h) The Office of the State Courts Administrator
11 shall conduct research and gather statistical information to
12 evaluate the establishment, operation, and impact of the
13 system in the circuit courts the pilot program in meeting the
14 legal needs of dependent children. In assessing the effects of
15 the pilot program, including achievement of outcomes
16 identified under paragraph (b), the evaluation must include a
17 comparison of children within the Ninth Judicial Circuit who
18 are appointed an attorney ad litem with those who are not. The
19 office shall submit a report to the Legislature and the
20 Governor by October 1, 2001, and by October 1, 2002, regarding
21 its findings. The office shall submit a final report by
22 October 1, 2003, which must include an evaluation of the pilot
23 program; findings on the feasibility of a statewide program;
24 and recommendations, if any, for locating, establishing, and
25 operating a statewide program.
26 (3) STANDARDS.--The Supreme Court is requested, by
27 October 1, 2000, to adopt rules of juvenile procedure which
28 include the duties, responsibilities, and conduct of an
29 attorney ad litem. The Office of the State Courts
30 Administrator, in consultation with the Dependency Court
31 Improvement Committee of the Supreme Court, shall develop
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Florida Senate - 2003 SB 2124
2-1155-03 See HB
1 implementation guidelines for the attorney ad litem pilot
2 program.
3 (4) FUNDING.--The Office of the State Courts
4 Administrator shall conduct the pilot program subject to the
5 specific appropriation of funds.
6 (5) The provisions in this section of the act shall
7 take effect October 1, 2000.
8 Section 2. Section 39.8225, Florida Statutes, is
9 created to read:
10 39.8225 Statewide system of guardian ad litem
11 representation.--
12 (1) Each circuit court in the state shall establish a
13 system to provide representation to a child, which
14 representation shall be in the child's best interests, in any
15 child abuse, abandonment, or neglect judicial proceeding,
16 whether civil or criminal, through the appointment of a
17 guardian ad litem by the court.
18 (2) In selecting the entity responsible for providing
19 representation under subsection (1) in each judicial circuit,
20 the circuit courts may contract with public or private
21 entities to provide guardian ad litem services. The public or
22 private entity must have appropriate expertise in representing
23 the rights of children taken into custody by the Department of
24 Children and Family Services.
25 (3) Statewide funding standards for programs providing
26 guardian ad litem services throughout the state shall be
27 established in a manner that allows sufficient flexibility in
28 each judicial circuit to provide those services and spend
29 contracted funds using a model that best suits the needs of
30 the communities in each judicial circuit.
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Florida Senate - 2003 SB 2124
2-1155-03 See HB
1 Section 3. This act shall take effect upon becoming a
2 law.
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