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.

 3  

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

 5  

 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.

31  

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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

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