HB 0569 2003
1	A bill to be entitled
2	An act relating to legal representation for dependent
3	children; amending s. 39.4086, F.S.; requiring each
4	circuit court in the state to establish a system of
5	representation for children in state custody; authorizing
6	the judicial circuits to contract with a public or private
7	entity to provide representation; requiring the Office of
8	the State Courts Administrator in conjunction with the
9	circuit courts to develop a training program for attorneys
10	to be appointed to represent dependent children; providing
11	requirements for such attorneys; providing circumstances
12	under which the court shall appoint an attorney to
13	represent a child in a dependency proceeding; requiring
14	the Department of Children and Family Services to provide
15	specified information to a court-appointed attorney;
16	providing requirements with respect to the attorney's
17	representation of the dependent child; requiring the
18	Office of the State Courts Administrator to evaluate the
19	system; eliminating the 3-year pilot Attorney Ad Litem
20	Program in the Ninth Judicial Circuit; creating s.
21	39.8225, F.S.; requiring the circuit courts of the state
22	to establish a system to provide representation to
23	children in child abuse, abandonment, or neglect
24	proceedings through the appointment of a guardian ad
25	litem; authorizing the circuit courts to contract with
26	public or private entities to provide guardian ad litem
27	services; providing an effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1. Section 39.4086, Florida Statutes, is amended
32	to read:
33	39.4086 Pilot program for Attorneys ad litemfor dependent
34	children.--
35	(1) LEGISLATIVE INTENT.--In furtherance of the goals set
36	forth in s. 39.4085, it is the intent of the Legislature that
37	children who are maintained in out-of-home care by court order
38	under s. 39.402 receive competent legal representation.
39	(2) RESPONSIBILITIES.--
40	(a) Each circuit court in the state shall establish a
41	system of representation for children in the dependency system.
42	Each judicial circuit may contract with a private or public
43	entity to provide this representation. The private or public
44	entity must have appropriate expertise in representing the
45	rights of children taken into custody by the Department of
46	Children and Family Services.The Office of the State Courts
47	Administrator shall establish a 3-year pilot Attorney Ad Litem
48	Program in the Ninth Judicial Circuit.
49	(b) The Office of the State Courts Administrator shall
50	establish the pilot program in the Ninth Judicial Circuit by
51	October 1, 2000. The Ninth Judicial Circuit may contract with a
52	private or public entity in the Ninth Judicial Circuit to
53	establish the pilot program. The private or public entity must
54	have appropriate expertise in representing the rights of
55	children taken into custody by the Department of Children and
56	Family Services. The Office of the State Courts Administrator
57	shall identify measurable outcomes, including, but not limited
58	to, the impact of counsel on child safety, improvements in the
59	provision of appropriate services, and any reduction in the
60	length of stay of children in state care. The pilot program
61	shall be established and operate independently of any other
62	state agency responsible for the care of children taken into
63	custody.
64	(c) The Ninth Judicial Circuit shall designate an attorney
65	within the Ninth Judicial Circuit to conduct the administrative
66	oversight of the pilot program. The program administrator must
67	be a member in good standing of The Florida Bar and must have 5
68	or more years of experience in the area of child advocacy, child
69	welfare, or juvenile law. The administrative oversight of the
70	pilot program is subject to supervision by the Ninth Judicial
71	Circuit.
72	(b)(d)The Office of the State Courts Administrator in
73	conjunction with the circuit courtspilot programshall develop
74	a training program for attorneys to be appointed to represent
75	dependent childrenad litemwhich includes, but need not be
76	limited to, appropriate standards of practice for attorneys who
77	represent children. The Office of the State Courts Administrator
78	may contract with a private or public entity to provide the
79	training program.
80	(c)(e) Within funds specifically appropriated for this
81	pilot program, the Office of the State Courts Administrator in
82	conjunction with the pilot program shall design an appropriate
83	attorney ad litem program and may establish the number of
84	attorneys needed to serve as attorneys ad litem and may employ
85	attorneys and other personnel. An attorney appointed to
86	represent dependent childrenad litemmust be a member in good
87	standing of The Florida Bar and may not serve as an attorney
88	under this sectionad litemuntil he or she has completed the
89	training program established pursuant to paragraph (b).
90	(d)(f) The court shall appoint an attorney to represent a
91	child in a dependency proceedingthe entity responsible for
92	representation of children in the Ninth Judicial Circuit under
93	the pilot program who are continued in out-of-home care at the
94	shelter hearing conducted under s. 39.402if the court deems
95	attorney ad litemrepresentation necessary. At any time
96	following the shelter hearing, the court may appoint an attorney
97	for a childad litemupon the motion of any party, or upon the
98	court's own motion if an attorney ad litemhas not yet been
99	appointed and the court deems such representation necessary. The
100	attorney ad litem's representation shall be limited to
101	proceedings initiated under this chapter only. The court must
102	appoint a guardian ad litem pursuant to s. 39.822 for all
103	children who have been appointed an attorney ad litem.Upon this
104	action by the court, the department shall provide to the
105	attorneyadministrator, at a minimum, the name of the child, the
106	location and placement of the child, the name of the
107	department's authorized agent and contact information, copies of
108	all notices sent to the parent or legal custodian of the child,
109	and other information or records concerning the child.
110	(e)(g) Upon the court's direction, the pilot program
111	administrator shall assign an attorney ad litem to represent the
112	child. Once assigned, the attorney ad litemshall represent the
113	child's wishes after consulting with and advising the child in a
114	manner appropriate to the child's agefor purposes of
115	proceedings under this chapter as long as the child's wishes are
116	consistent with the safety and well-being of the child. The
117	child's attorney must in all circumstances fulfill the same
118	duties of advocacy, loyalty, confidentiality, and competent
119	representation which are due an adult client. The court must
120	approve any action by the attorney for a dependent childad
121	litemrestricting access to the child by the guardian ad litem
122	or by any other party. The attorney ad litemshall represent the
123	child until the program is discharged by order of the court
124	because permanency has been achieved or the court believes that
125	the attorney ad litemis no longer necessary.
126	(f)(h)The Office of the State Courts Administrator shall
127	conduct research and gather statistical information to evaluate
128	the establishment, operation, and impact of the system in the
129	circuit courtsthe pilot programin meeting the legal needs of
130	dependent children. In assessing the effects of the pilot
131	program, including achievement of outcomes identified under
132	paragraph (b), the evaluation must include a comparison of
133	children within the Ninth Judicial Circuit who are appointed an
134	attorney ad litem with those who are not. The office shall
135	submit a report to the Legislature and the Governor by October
136	1, 2001, and by October 1, 2002, regarding its findings. The
137	office shall submit a final report by October 1, 2003, which
138	must include an evaluation of the pilot program; findings on the
139	feasibility of a statewide program; and recommendations, if any,
140	for locating, establishing, and operating a statewide program.
141	(3) STANDARDS.--The Supreme Court is requested, by October
142	1, 2000, to adopt rules of juvenile procedure which include the
143	duties, responsibilities, and conduct of an attorney ad litem.
144	The Office of the State Courts Administrator, in consultation
145	with the Dependency Court Improvement Committee of the Supreme
146	Court, shall develop implementation guidelines for the attorney
147	ad litem pilot program.
148	(4) FUNDING.--The Office of the State Courts Administrator
149	shall conduct the pilot program subject to the specific
150	appropriation of funds.
151	(5) The provisions in this section of the act shall take
152	effect October 1, 2000.
153	Section 2. Section 39.8225, Florida Statutes, is created
154	to read:
155	39.8225 Statewide system of guardian ad litem
156	representation.--
157	(1) Each circuit court in the state shall establish a
158	system to provide representation to a child, which
159	representation shall be in the child's best interests, in any
160	child abuse, abandonment, or neglect judicial proceeding,
161	whether civil or criminal, through the appointment of a guardian
162	ad litem by the court.
163	(2) In selecting the entity responsible for providing
164	representation under subsection (1) in each judicial circuit,
165	the circuit courts may contract with public or private entities
166	to provide guardian ad litem services. The public or private
167	entity must have appropriate expertise in representing the
168	rights of children taken into custody by the Department of
169	Children and Family Services.
170	(3) Statewide funding standards for programs providing
171	guardian ad litem services throughout the state shall be
172	established in a manner that allows sufficient flexibility in
173	each judicial circuit to provide those services and spend
174	contracted funds using a model that best suits the needs of the
175	communities in each judicial circuit.
176	Section 3. This act shall take effect upon becoming a law.