Senate Bill sb1976

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    Florida Senate - 2005                                  SB 1976

    By Senator Posey





    24-1477A-05

  1                      A bill to be entitled

  2         An act relating to permanency planning for

  3         children in foster care; amending s. 39.01,

  4         F.S.; redefining the term "legal guardianship"

  5         and removing the term "long-term custody";

  6         amending s. 39.302, F.S.; conforming a

  7         cross-reference; amending s. 39.621, F.S.;

  8         requiring that a permanency hearing be

  9         conducted within a specified time; requiring

10         the court to approve a permanency plan; listing

11         the permanency options available to the court;

12         providing that adoption is the primary

13         permanency option if reunification of the child

14         with his or her parents is not in the best

15         interest of the child; amending s. 39.622,

16         F.S.; providing for the appointment of a legal

17         guardian; providing the criteria for the court

18         to consider before appointing a legal guardian;

19         amending s. 39.623, F.S.; providing for

20         long-term licensed custody and independent

21         living; amending s. 39.806, F.S.; providing

22         that the parental rights of a person

23         incarcerated in a state or federal correctional

24         institution may be terminated if the period of

25         time for which the parent is expected to be

26         incarcerated will constitute a substantial

27         portion of time before the child attains the

28         age of 18 years; providing that the time period

29         is measured from the time the parent enters the

30         correctional institution; amending s. 39.810,

31         F.S.; providing that if termination of parental

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 1         rights is in the manifest best interest of the

 2         child, it may also constitute proof that the

 3         termination is the least restrictive means of

 4         protecting the child; amending s. 39.811, F.S.;

 5         conforming provisions to changes made by the

 6         act; reenacting ss. 39.811(6) and 61.13(2)(b),

 7         F.S., relating to the circumstances for which

 8         the parental rights of a person may be

 9         terminated and shared parental responsibility,

10         to incorporate the amendment made to s. 39.806,

11         F.S., in references thereto; repealing s.

12         39.624, F.S., relating to independent living;

13         providing an effective date.

14  

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

16  

17         Section 1.  Section 39.01, Florida Statutes, is amended

18  to read:

19         39.01  Definitions.--When used in this chapter, unless

20  the context otherwise requires:

21         (1)  "Abandoned" means a situation in which the parent

22  or legal custodian of a child or, in the absence of a parent

23  or legal custodian, the caregiver responsible for the child's

24  welfare, while being able, makes no provision for the child's

25  support and makes no effort to communicate with the child,

26  which situation is sufficient to evince a willful rejection of

27  parental obligations. If the efforts of such parent or legal

28  custodian, or caregiver primarily responsible for the child's

29  welfare, to support and communicate with the child are, in the

30  opinion of the court, only marginal efforts that do not evince

31  a settled purpose to assume all parental duties, the court may

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 1  declare the child to be abandoned. The term "abandoned" does

 2  not include an abandoned newborn infant as described in s.

 3  383.50, a "child in need of services" as defined in chapter

 4  984, or a "family in need of services" as defined in chapter

 5  984. The incarceration of a parent, legal custodian, or

 6  caregiver responsible for a child's welfare may support a

 7  finding of abandonment.

 8         (2)  "Abuse" means any willful act or threatened act

 9  that results in any physical, mental, or sexual injury or harm

10  that causes or is likely to cause the child's physical,

11  mental, or emotional health to be significantly impaired.

12  Abuse of a child includes acts or omissions. Corporal

13  discipline of a child by a parent or legal custodian for

14  disciplinary purposes does not in itself constitute abuse when

15  it does not result in harm to the child.

16         (3)  "Addictions receiving facility" means a substance

17  abuse service provider as defined in chapter 397.

18         (4)  "Adjudicatory hearing" means a hearing for the

19  court to determine whether or not the facts support the

20  allegations stated in the petition in dependency cases or in

21  termination of parental rights cases.

22         (5)  "Adult" means any natural person other than a

23  child.

24         (6)  "Adoption" means the act of creating the legal

25  relationship between parent and child where it did not exist,

26  thereby declaring the child to be legally the child of the

27  adoptive parents and their heir at law, and entitled to all

28  the rights and privileges and subject to all the obligations

29  of a child born to such adoptive parents in lawful wedlock.

30         (7)  "Alleged juvenile sexual offender" means:

31  

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 1         (a)  A child 12 years of age or younger who is alleged

 2  to have committed a violation of chapter 794, chapter 796,

 3  chapter 800, s. 827.071, or s. 847.0133; or

 4         (b)  A child who is alleged to have committed any

 5  violation of law or delinquent act involving juvenile sexual

 6  abuse. "Juvenile sexual abuse" means any sexual behavior which

 7  occurs without consent, without equality, or as a result of

 8  coercion.  For purposes of this paragraph, the following

 9  definitions apply:

10         1.  "Coercion" means the exploitation of authority or

11  the use of bribes, threats of force, or intimidation to gain

12  cooperation or compliance.

13         2.  "Equality" means two participants operating with

14  the same level of power in a relationship, neither being

15  controlled nor coerced by the other.

16         3.  "Consent" means an agreement, including all of the

17  following:

18         a.  Understanding what is proposed based on age,

19  maturity, developmental level, functioning, and experience.

20         b.  Knowledge of societal standards for what is being

21  proposed.

22         c.  Awareness of potential consequences and

23  alternatives.

24         d.  Assumption that agreement or disagreement will be

25  accepted equally.

26         e.  Voluntary decision.

27         f.  Mental competence.

28  

29  Juvenile sexual offender behavior ranges from noncontact

30  sexual behavior such as making obscene phone calls,

31  exhibitionism, voyeurism, and the showing or taking of lewd

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 1  photographs to varying degrees of direct sexual contact, such

 2  as frottage, fondling, digital penetration, rape, fellatio,

 3  sodomy, and various other sexually aggressive acts.

 4         (8)  "Arbitration" means a process whereby a neutral

 5  third person or panel, called an arbitrator or an arbitration

 6  panel, considers the facts and arguments presented by the

 7  parties and renders a decision which may be binding or

 8  nonbinding.

 9         (9)  "Authorized agent" or "designee" of the department

10  means an employee, volunteer, or other person or agency

11  determined by the state to be eligible for state-funded risk

12  management coverage, that is assigned or designated by the

13  department to perform duties or exercise powers pursuant to

14  this chapter.

15         (10)  "Caregiver" means the parent, legal custodian,

16  adult household member, or other person responsible for a

17  child's welfare as defined in subsection (46) (47).

18         (11)  "Case plan" or "plan" means a document, as

19  described in s. 39.601, prepared by the department with input

20  from all parties. The case plan follows the child from the

21  provision of voluntary services through any dependency, foster

22  care, or termination of parental rights proceeding or related

23  activity or process.

24         (12)  "Child" or "youth" means any unmarried person

25  under the age of 18 years who has not been emancipated by

26  order of the court.

27         (13)  "Child protection team" means a team of

28  professionals established by the Department of Health to

29  receive referrals from the protective investigators and

30  protective supervision staff of the department and to provide

31  specialized and supportive services to the program in

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 1  processing child abuse, abandonment, or neglect cases. A child

 2  protection team shall provide consultation to other programs

 3  of the department and other persons regarding child abuse,

 4  abandonment, or neglect cases.

 5         (14)  "Child who is found to be dependent" means a

 6  child who, pursuant to this chapter, is found by the court:

 7         (a)  To have been abandoned, abused, or neglected by

 8  the child's parent or parents or legal custodians;

 9         (b)  To have been surrendered to the department, the

10  former Department of Health and Rehabilitative Services, or a

11  licensed child-placing agency for purpose of adoption;

12         (c)  To have been voluntarily placed with a licensed

13  child-caring agency, a licensed child-placing agency, an adult

14  relative, the department, or the former Department of Health

15  and Rehabilitative Services, after which placement, under the

16  requirements of this chapter, a case plan has expired and the

17  parent or parents or legal custodians have failed to

18  substantially comply with the requirements of the plan;

19         (d)  To have been voluntarily placed with a licensed

20  child-placing agency for the purposes of subsequent adoption,

21  and a parent or parents have signed a consent pursuant to the

22  Florida Rules of Juvenile Procedure;

23         (e)  To have no parent or legal custodians capable of

24  providing supervision and care; or

25         (f)  To be at substantial risk of imminent abuse,

26  abandonment, or neglect by the parent or parents or legal

27  custodians.

28         (15)  "Child support" means a court-ordered obligation,

29  enforced under chapter 61 and ss. 409.2551-409.2597, for

30  monetary support for the care, maintenance, training, and

31  education of a child.

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 1         (16)  "Circuit" means any of the 20 judicial circuits

 2  as set forth in s. 26.021.

 3         (17)  "Comprehensive assessment" or "assessment" means

 4  the gathering of information for the evaluation of a child's

 5  and caregiver's physical, psychiatric, psychological or mental

 6  health, educational, vocational, and social condition and

 7  family environment as they relate to the child's and

 8  caregiver's need for rehabilitative and treatment services,

 9  including substance abuse treatment services, mental health

10  services, developmental services, literacy services, medical

11  services, family services, and other specialized services, as

12  appropriate.

13         (18)  "Court," unless otherwise expressly stated, means

14  the circuit court assigned to exercise jurisdiction under this

15  chapter.

16         (19)  "Department" means the Department of Children and

17  Family Services.

18         (20)  "Diligent efforts by a parent" means a course of

19  conduct which results in a reduction in risk to the child in

20  the child's home that would allow the child to be safely

21  placed permanently back in the home as set forth in the case

22  plan.

23         (21)  "Diligent efforts of social service agency" means

24  reasonable efforts to provide social services or reunification

25  services made by any social service agency that is a party to

26  a case plan.

27         (22)  "Diligent search" means the efforts of a social

28  service agency to locate a parent or prospective parent whose

29  identity or location is unknown, initiated as soon as the

30  social service agency is made aware of the existence of such

31  parent, with the search progress reported at each court

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 1  hearing until the parent is either identified and located or

 2  the court excuses further search.

 3         (23)  "Disposition hearing" means a hearing in which

 4  the court determines the most appropriate protections,

 5  services, and placement for the child in dependency cases.

 6         (24)  "District" means any one of the 15 service

 7  districts of the department established pursuant to s. 20.19.

 8         (25)  "District administrator" means the chief

 9  operating officer of each service district of the department

10  as defined in s. 20.19(5) and, where appropriate, includes any

11  district administrator whose service district falls within the

12  boundaries of a judicial circuit.

13         (26)  "Expedited termination of parental rights" means

14  proceedings wherein a case plan with the goal of reunification

15  is not being offered.

16         (27)  "False report" means a report of abuse, neglect,

17  or abandonment of a child to the central abuse hotline, which

18  report is maliciously made for the purpose of:

19         (a)  Harassing, embarrassing, or harming another

20  person;

21         (b)  Personal financial gain for the reporting person;

22         (c)  Acquiring custody of a child; or

23         (d)  Personal benefit for the reporting person in any

24  other private dispute involving a child.

25  

26  The term "false report" does not include a report of abuse,

27  neglect, or abandonment of a child made in good faith to the

28  central abuse hotline.

29         (28)  "Family" means a collective body of persons,

30  consisting of a child and a parent, legal custodian, or adult

31  relative, in which:

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 1         (a)  The persons reside in the same house or living

 2  unit; or

 3         (b)  The parent, legal custodian, or adult relative has

 4  a legal responsibility by blood, marriage, or court order to

 5  support or care for the child.

 6         (29)  "Foster care" means care provided a child in a

 7  foster family or boarding home, group home, agency boarding

 8  home, child care institution, or any combination thereof.

 9         (30)  "Harm" to a child's health or welfare can occur

10  when any person:

11         (a)  Inflicts or allows to be inflicted upon the child

12  physical, mental, or emotional injury. In determining whether

13  harm has occurred, the following factors must be considered in

14  evaluating any physical, mental, or emotional injury to a

15  child: the age of the child; any prior history of injuries to

16  the child; the location of the injury on the body of the

17  child; the multiplicity of the injury; and the type of trauma

18  inflicted. Such injury includes, but is not limited to:

19         1.  Willful acts that produce the following specific

20  injuries:

21         a.  Sprains, dislocations, or cartilage damage.

22         b.  Bone or skull fractures.

23         c.  Brain or spinal cord damage.

24         d.  Intracranial hemorrhage or injury to other internal

25  organs.

26         e.  Asphyxiation, suffocation, or drowning.

27         f.  Injury resulting from the use of a deadly weapon.

28         g.  Burns or scalding.

29         h.  Cuts, lacerations, punctures, or bites.

30         i.  Permanent or temporary disfigurement.

31  

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 1         j.  Permanent or temporary loss or impairment of a body

 2  part or function.

 3  

 4  As used in this subparagraph, the term "willful" refers to the

 5  intent to perform an action, not to the intent to achieve a

 6  result or to cause an injury.

 7         2.  Purposely giving a child poison, alcohol, drugs, or

 8  other substances that substantially affect the child's

 9  behavior, motor coordination, or judgment or that result in

10  sickness or internal injury.  For the purposes of this

11  subparagraph, the term "drugs" means prescription drugs not

12  prescribed for the child or not administered as prescribed,

13  and controlled substances as outlined in Schedule I or

14  Schedule II of s. 893.03.

15         3.  Leaving a child without adult supervision or

16  arrangement appropriate for the child's age or mental or

17  physical condition, so that the child is unable to care for

18  the child's own needs or another's basic needs or is unable to

19  exercise good judgment in responding to any kind of physical

20  or emotional crisis.

21         4.  Inappropriate or excessively harsh disciplinary

22  action that is likely to result in physical injury, mental

23  injury as defined in this section, or emotional injury.  The

24  significance of any injury must be evaluated in light of the

25  following factors:  the age of the child; any prior history of

26  injuries to the child; the location of the injury on the body

27  of the child; the multiplicity of the injury; and the type of

28  trauma inflicted.  Corporal discipline may be considered

29  excessive or abusive when it results in any of the following

30  or other similar injuries:

31         a.  Sprains, dislocations, or cartilage damage.

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 1         b.  Bone or skull fractures.

 2         c.  Brain or spinal cord damage.

 3         d.  Intracranial hemorrhage or injury to other internal

 4  organs.

 5         e.  Asphyxiation, suffocation, or drowning.

 6         f.  Injury resulting from the use of a deadly weapon.

 7         g.  Burns or scalding.

 8         h.  Cuts, lacerations, punctures, or bites.

 9         i.  Permanent or temporary disfigurement.

10         j.  Permanent or temporary loss or impairment of a body

11  part or function.

12         k.  Significant bruises or welts.

13         (b)  Commits, or allows to be committed, sexual

14  battery, as defined in chapter 794, or lewd or lascivious

15  acts, as defined in chapter 800, against the child.

16         (c)  Allows, encourages, or forces the sexual

17  exploitation of a child, which includes allowing, encouraging,

18  or forcing a child to:

19         1.  Solicit for or engage in prostitution; or

20         2.  Engage in a sexual performance, as defined by

21  chapter 827.

22         (d)  Exploits a child, or allows a child to be

23  exploited, as provided in s. 450.151.

24         (e)  Abandons the child. Within the context of the

25  definition of "harm," the term "abandons the child" means that

26  the parent or legal custodian of a child or, in the absence of

27  a parent or legal custodian, the person responsible for the

28  child's welfare, while being able, makes no provision for the

29  child's support and makes no effort to communicate with the

30  child, which situation is sufficient to evince a willful

31  rejection of parental obligation.  If the efforts of such a

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 1  parent or legal custodian or person primarily responsible for

 2  the child's welfare to support and communicate with the child

 3  are only marginal efforts that do not evince a settled purpose

 4  to assume all parental duties, the child may be determined to

 5  have been abandoned. The term "abandoned" does not include an

 6  abandoned newborn infant as described in s. 383.50.

 7         (f)  Neglects the child. Within the context of the

 8  definition of "harm," the term "neglects the child" means that

 9  the parent or other person responsible for the child's welfare

10  fails to supply the child with adequate food, clothing,

11  shelter, or health care, although financially able to do so or

12  although offered financial or other means to do so.  However,

13  a parent or legal custodian who, by reason of the legitimate

14  practice of religious beliefs, does not provide specified

15  medical treatment for a child may not be considered abusive or

16  neglectful for that reason alone, but such an exception does

17  not:

18         1.  Eliminate the requirement that such a case be

19  reported to the department;

20         2.  Prevent the department from investigating such a

21  case; or

22         3.  Preclude a court from ordering, when the health of

23  the child requires it, the provision of medical services by a

24  physician, as defined in this section, or treatment by a duly

25  accredited practitioner who relies solely on spiritual means

26  for healing in accordance with the tenets and practices of a

27  well-recognized church or religious organization.

28         (g)  Exposes a child to a controlled substance or

29  alcohol. Exposure to a controlled substance or alcohol is

30  established by:

31  

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 1         1.  Use by the mother of a controlled substance or

 2  alcohol during pregnancy when the child, at birth, is

 3  demonstrably adversely affected by such usage; or

 4         2.  Continued chronic and severe use of a controlled

 5  substance or alcohol by a parent when the child is

 6  demonstrably adversely affected by such usage.

 7  

 8  As used in this paragraph, the term "controlled substance"

 9  means prescription drugs not prescribed for the parent or not

10  administered as prescribed and controlled substances as

11  outlined in Schedule I or Schedule II of s. 893.03.

12         (h)  Uses mechanical devices, unreasonable restraints,

13  or extended periods of isolation to control a child.

14         (i)  Engages in violent behavior that demonstrates a

15  wanton disregard for the presence of a child and could

16  reasonably result in serious injury to the child.

17         (j)  Negligently fails to protect a child in his or her

18  care from inflicted physical, mental, or sexual injury caused

19  by the acts of another.

20         (k)  Has allowed a child's sibling to die as a result

21  of abuse, abandonment, or neglect.

22         (l)  Makes the child unavailable for the purpose of

23  impeding or avoiding a protective investigation unless the

24  court determines that the parent, legal custodian, or

25  caregiver was fleeing from a situation involving domestic

26  violence.

27         (31)  "Institutional child abuse or neglect" means

28  situations of known or suspected child abuse or neglect in

29  which the person allegedly perpetrating the child abuse or

30  neglect is an employee of a private school, public or private

31  day care center, residential home, institution, facility, or

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 1  agency or any other person at such institution responsible for

 2  the child's care.

 3         (32)  "Judge" means the circuit judge exercising

 4  jurisdiction pursuant to this chapter.

 5         (33)  "Legal custody" means a legal status created by

 6  court order or letter of guardianship which vests in a

 7  custodian of the person or guardian, whether an agency or an

 8  individual, the right to have physical custody of the child

 9  and the right and duty to protect, train, and discipline the

10  child and to provide him or her with food, shelter, education,

11  and ordinary medical, dental, psychiatric, and psychological

12  care. The legal custodian is the person or entity in whom the

13  legal right to custody is vested. For purposes of this chapter

14  only, when the phrase "parent or legal custodian" is used, it

15  refers to rights or responsibilities of the parent and, only

16  if there is no living parent with intact parental rights, to

17  the rights or responsibilities of the legal custodian who has

18  assumed the role of the parent.

19         (34)  "Legal guardianship" means the a judicially

20  created relationship that a juvenile court order creates

21  between the child and adult relative or other legal custodian

22  approved by the court caregiver which is intended to be

23  permanent and self-sustaining when the child cannot be placed

24  in the custody of a parent and adoption is not deemed to be in

25  the best interest of the child. Legal guardianship confers on

26  a relative or other legal custodian, other than the

27  department, the right to physical custody of the child, a

28  right that may not be altered by the court except upon the

29  request of the legal guardian or a showing by the department

30  that the best interest of the child requires a change of

31  custody for the child. A relative or other custodian who has

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 1  been designated as a long-term custodian continues to have all

 2  of the rights and duties of a parent, including, but not

 3  limited to, the right and duty to protect, train, and

 4  discipline the child and to provide the child with food,

 5  shelter, and education, and ordinary medical, dental,

 6  psychiatric, and psychological care, unless these rights and

 7  duties are otherwise enlarged or limited by a court order

 8  establishing legal guardianship. A legal guardianship created

 9  under this chapter is not subject to the requirements of a

10  legal guardianship created under chapter 744. and is provided

11  pursuant to the procedures in chapter 744.

12         (35)  "Licensed child-caring agency" means a person,

13  society, association, or agency licensed by the department to

14  care for, receive, and board children.

15         (36)  "Licensed child-placing agency" means a person,

16  society, association, or institution licensed by the

17  department to care for, receive, or board children and to

18  place children in a licensed child-caring institution or a

19  foster or adoptive home.

20         (37)  "Licensed health care professional" means a

21  physician licensed under chapter 458, an osteopathic physician

22  licensed under chapter 459, a nurse licensed under part I of

23  chapter 464, a physician assistant licensed under chapter 458

24  or chapter 459, or a dentist licensed under chapter 466.

25         (38)  "Likely to injure oneself" means that, as

26  evidenced by violent or other actively self-destructive

27  behavior, it is more likely than not that within a 24-hour

28  period the child will attempt to commit suicide or inflict

29  serious bodily harm on himself or herself.

30  

31  

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 1         (39)  "Likely to injure others" means that it is more

 2  likely than not that within a 24-hour period the child will

 3  inflict serious and unjustified bodily harm on another person.

 4         (40)  "Long-term relative custodian" means an adult

 5  relative who is a party to a long-term custodial relationship

 6  created by a court order pursuant to this chapter.

 7         (41)  "Long-term custody" or "long-term custodial

 8  relationship" means the relationship that a juvenile court

 9  order creates between a child and an adult relative of the

10  child or other legal custodian approved by the court when the

11  child cannot be placed in the custody of a parent and adoption

12  is not deemed to be in the best interest of the child.

13  Long-term custody confers upon the relative or other legal

14  custodian, other than the department, the right to physical

15  custody of the child, a right which will not be disturbed by

16  the court except upon request of the legal custodian or upon a

17  showing that the best interest of the child necessitates a

18  change of custody for the child. A relative or other legal

19  custodian who has been designated as a long-term custodian

20  shall have all of the rights and duties of a parent,

21  including, but not limited to, the right and duty to protect,

22  train, and discipline the child and to provide the child with

23  food, shelter, and education, and ordinary medical, dental,

24  psychiatric, and psychological care, unless these rights and

25  duties are otherwise enlarged or limited by the court order

26  establishing the long-term custodial relationship.

27         (41)(42)  "Mediation" means a process whereby a neutral

28  third person called a mediator acts to encourage and

29  facilitate the resolution of a dispute between two or more

30  parties.  It is an informal and nonadversarial process with

31  the objective of helping the disputing parties reach a

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 1  mutually acceptable and voluntary agreement.  The role of the

 2  mediator includes, but is not limited to, assisting the

 3  parties in identifying issues, fostering joint problem

 4  solving, and exploring settlement alternatives.

 5         (42)(43)  "Mental injury" means an injury to the

 6  intellectual or psychological capacity of a child as evidenced

 7  by a discernible and substantial impairment in the ability to

 8  function within the normal range of performance and behavior.

 9         (43)(44)  "Necessary medical treatment" means care

10  which is necessary within a reasonable degree of medical

11  certainty to prevent the deterioration of a child's condition

12  or to alleviate immediate pain of a child.

13         (44)(45)  "Neglect" occurs when a child is deprived of,

14  or is allowed to be deprived of, necessary food, clothing,

15  shelter, or medical treatment or a child is permitted to live

16  in an environment when such deprivation or environment causes

17  the child's physical, mental, or emotional health to be

18  significantly impaired or to be in danger of being

19  significantly impaired. The foregoing circumstances shall not

20  be considered neglect if caused primarily by financial

21  inability unless actual services for relief have been offered

22  to and rejected by such person. A parent or legal custodian

23  legitimately practicing religious beliefs in accordance with a

24  recognized church or religious organization who thereby does

25  not provide specific medical treatment for a child shall not,

26  for that reason alone, be considered a negligent parent or

27  legal custodian; however, such an exception does not preclude

28  a court from ordering the following services to be provided,

29  when the health of the child so requires:

30  

31  

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 1         (a)  Medical services from a licensed physician,

 2  dentist, optometrist, podiatric physician, or other qualified

 3  health care provider; or

 4         (b)  Treatment by a duly accredited practitioner who

 5  relies solely on spiritual means for healing in accordance

 6  with the tenets and practices of a well-recognized church or

 7  religious organization.

 8  

 9  Neglect of a child includes acts or omissions.

10         (45)(46)  "Next of kin" means an adult relative of a

11  child who is the child's brother, sister, grandparent, aunt,

12  uncle, or first cousin.

13         (46)(47)  "Other person responsible for a child's

14  welfare" includes the child's legal guardian, legal custodian,

15  or foster parent; an employee of a private school, public or

16  private child day care center, residential home, institution,

17  facility, or agency; or any other person legally responsible

18  for the child's welfare in a residential setting; and also

19  includes an adult sitter or relative entrusted with a child's

20  care. For the purpose of departmental investigative

21  jurisdiction, this definition does not include law enforcement

22  officers, or employees of municipal or county detention

23  facilities or the Department of Corrections, while acting in

24  an official capacity.

25         (47)(48)  "Out-of-home" means a placement outside of

26  the home of the parents or a parent.

27         (48)(49)  "Parent" means a woman who gives birth to a

28  child and a man whose consent to the adoption of the child

29  would be required under s. 63.062(1). If a child has been

30  legally adopted, the term "parent" means the adoptive mother

31  or father of the child. The term does not include an

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 1  individual whose parental relationship to the child has been

 2  legally terminated, or an alleged or prospective parent,

 3  unless the parental status falls within the terms of s.

 4  39.503(1) or s. 63.062(1). For purposes of this chapter only,

 5  when the phrase "parent or legal custodian" is used, it refers

 6  to rights or responsibilities of the parent and, only if there

 7  is no living parent with intact parental rights, to the rights

 8  or responsibilities of the legal custodian who has assumed the

 9  role of the parent.

10         (49)(50)  "Participant," for purposes of a shelter

11  proceeding, dependency proceeding, or termination of parental

12  rights proceeding, means any person who is not a party but who

13  should receive notice of hearings involving the child,

14  including foster parents or the legal custodian of the child,

15  identified prospective parents, grandparents entitled to

16  priority for adoption consideration under s. 63.0425, actual

17  custodians of the child, and any other person whose

18  participation may be in the best interest of the child. A

19  community-based agency under contract with the department to

20  provide protective services may be designated as a participant

21  at the discretion of the court. Participants may be granted

22  leave by the court to be heard without the necessity of filing

23  a motion to intervene.

24         (50)(51)  "Party" means the parent or parents of the

25  child, the petitioner, the department, the guardian ad litem

26  or the representative of the guardian ad litem program when

27  the program has been appointed, and the child. The presence of

28  the child may be excused by order of the court when presence

29  would not be in the child's best interest. Notice to the child

30  may be excused by order of the court when the age, capacity,

31  

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 1  or other condition of the child is such that the notice would

 2  be meaningless or detrimental to the child.

 3         (51)(52)  "Physical injury" means death, permanent or

 4  temporary disfigurement, or impairment of any bodily part.

 5         (52)(53)  "Physician" means any licensed physician,

 6  dentist, podiatric physician, or optometrist and includes any

 7  intern or resident.

 8         (53)(54)  "Preliminary screening" means the gathering

 9  of preliminary information to be used in determining a child's

10  need for further evaluation or assessment or for referral for

11  other substance abuse services through means such as

12  psychosocial interviews; urine and breathalyzer screenings;

13  and reviews of available educational, delinquency, and

14  dependency records of the child.

15         (54)(55)  "Preventive services" means social services

16  and other supportive and rehabilitative services provided to

17  the parent or legal custodian of the child and to the child

18  for the purpose of averting the removal of the child from the

19  home or disruption of a family which will or could result in

20  the placement of a child in foster care. Social services and

21  other supportive and rehabilitative services shall promote the

22  child's need for physical, mental, and emotional health and a

23  safe, stable, living environment, shall promote family

24  autonomy, and shall strengthen family life, whenever possible.

25         (55)(56)  "Prospective parent" means a person who

26  claims to be, or has been identified as, a person who may be a

27  mother or a father of a child.

28         (56)(57)  "Protective investigation" means the

29  acceptance of a report alleging child abuse, abandonment, or

30  neglect, as defined in this chapter, by the central abuse

31  hotline or the acceptance of a report of other dependency by

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 1  the department; the investigation of each report; the

 2  determination of whether action by the court is warranted; the

 3  determination of the disposition of each report without court

 4  or public agency action when appropriate; and the referral of

 5  a child to another public or private agency when appropriate.

 6         (57)(58)  "Protective investigator" means an authorized

 7  agent of the department who receives and investigates reports

 8  of child abuse, abandonment, or neglect; who, as a result of

 9  the investigation, may recommend that a dependency petition be

10  filed for the child; and who performs other duties necessary

11  to carry out the required actions of the protective

12  investigation function.

13         (58)(59)  "Protective supervision" means a legal status

14  in dependency cases which permits the child to remain safely

15  in his or her own home or other nonlicensed placement under

16  the supervision of an agent of the department and which must

17  be reviewed by the court during the period of supervision.

18         (59)(60)  "Relative" means a grandparent,

19  great-grandparent, sibling, first cousin, aunt, uncle,

20  great-aunt, great-uncle, niece, or nephew, whether related by

21  the whole or half blood, by affinity, or by adoption. The term

22  does not include a stepparent.

23         (60)(61)  "Reunification services" means social

24  services and other supportive and rehabilitative services

25  provided to the parent of the child, to the child, and, where

26  appropriate, to the relative placement, nonrelative placement,

27  or foster parents of the child, for the purpose of enabling a

28  child who has been placed in out-of-home care to safely return

29  to his or her parent at the earliest possible time.  The

30  health and safety of the child shall be the paramount goal of

31  social services and other supportive and rehabilitative

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 1  services. Such services shall promote the child's need for

 2  physical, mental, and emotional health and a safe, stable,

 3  living environment, shall promote family autonomy, and shall

 4  strengthen family life, whenever possible.

 5         (61)(62)  "Secretary" means the Secretary of Children

 6  and Family Services.

 7         (62)(63)  "Sexual abuse of a child" means one or more

 8  of the following acts:

 9         (a)  Any penetration, however slight, of the vagina or

10  anal opening of one person by the penis of another person,

11  whether or not there is the emission of semen.

12         (b)  Any sexual contact between the genitals or anal

13  opening of one person and the mouth or tongue of another

14  person.

15         (c)  Any intrusion by one person into the genitals or

16  anal opening of another person, including the use of any

17  object for this purpose, except that this does not include any

18  act intended for a valid medical purpose.

19         (d)  The intentional touching of the genitals or

20  intimate parts, including the breasts, genital area, groin,

21  inner thighs, and buttocks, or the clothing covering them, of

22  either the child or the perpetrator, except that this does not

23  include:

24         1.  Any act which may reasonably be construed to be a

25  normal caregiver responsibility, any interaction with, or

26  affection for a child; or

27         2.  Any act intended for a valid medical purpose.

28         (e)  The intentional masturbation of the perpetrator's

29  genitals in the presence of a child.

30         (f)  The intentional exposure of the perpetrator's

31  genitals in the presence of a child, or any other sexual act

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 1  intentionally perpetrated in the presence of a child, if such

 2  exposure or sexual act is for the purpose of sexual arousal or

 3  gratification, aggression, degradation, or other similar

 4  purpose.

 5         (g)  The sexual exploitation of a child, which includes

 6  allowing, encouraging, or forcing a child to:

 7         1.  Solicit for or engage in prostitution; or

 8         2.  Engage in a sexual performance, as defined by

 9  chapter 827.

10         (63)(64)  "Shelter" means a placement with a relative

11  or a nonrelative, or in a licensed home or facility, for the

12  temporary care of a child who is alleged to be or who has been

13  found to be dependent, pending court disposition before or

14  after adjudication.

15         (64)(65)  "Shelter hearing" means a hearing in which

16  the court determines whether probable cause exists to keep a

17  child in shelter status pending further investigation of the

18  case.

19         (65)(66)  "Social service agency" means the department,

20  a licensed child-caring agency, or a licensed child-placing

21  agency.

22         (66)(67)  "Substance abuse" means using, without

23  medical reason, any psychoactive or mood-altering drug,

24  including alcohol, in such a manner as to induce impairment

25  resulting in dysfunctional social behavior.

26         (67)(68)  "Substantial compliance" means that the

27  circumstances which caused the creation of the case plan have

28  been significantly remedied to the extent that the well-being

29  and safety of the child will not be endangered upon the

30  child's remaining with or being returned to the child's

31  parent.

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 1         (68)(69)  "Taken into custody" means the status of a

 2  child immediately when temporary physical control over the

 3  child is attained by a person authorized by law, pending the

 4  child's release or placement.

 5         (69)(70)  "Temporary legal custody" means the

 6  relationship that a juvenile court creates between a child and

 7  an adult relative of the child, legal custodian, or other

 8  person approved by the court until a more permanent

 9  arrangement is ordered. Temporary legal custody confers upon

10  the custodian the right to have temporary physical custody of

11  the child and the right and duty to protect, train, and

12  discipline the child and to provide the child with food,

13  shelter, and education, and ordinary medical, dental,

14  psychiatric, and psychological care, unless these rights and

15  duties are otherwise enlarged or limited by the court order

16  establishing the temporary legal custody relationship.

17         (70)(71)  "Victim" means any child who has sustained or

18  is threatened with physical, mental, or emotional injury

19  identified in a report involving child abuse, neglect, or

20  abandonment, or child-on-child sexual abuse.

21         (71)(72)  "Long-term licensed custody" means the

22  relationship that a juvenile court order creates between a

23  child and a placement licensed by the state to provide

24  residential care for dependent children, if the licensed

25  placement is willing and able to continue to care for the

26  child until the child reaches the age of majority.

27         Section 2.  Subsection (1) of section 39.302, Florida

28  Statutes, is amended to read:

29         39.302  Protective investigations of institutional

30  child abuse, abandonment, or neglect.--

31  

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 1         (1)  The department shall conduct a child protective

 2  investigation of each report of institutional child abuse,

 3  abandonment, or neglect.  Upon receipt of a report that

 4  alleges that an employee or agent of the department, or any

 5  other entity or person covered by s. 39.01(31) or (46) (47),

 6  acting in an official capacity, has committed an act of child

 7  abuse, abandonment, or neglect, the department shall initiate

 8  a child protective investigation within the timeframe

 9  established by the central abuse hotline under pursuant to s.

10  39.201(5) and orally notify the appropriate state attorney,

11  law enforcement agency, and licensing agency.  These agencies

12  shall immediately conduct a joint investigation, unless

13  independent investigations are more feasible. When conducting

14  investigations onsite or having face-to-face interviews with

15  the child, such investigation visits shall be unannounced

16  unless it is determined by the department or its agent that

17  such unannounced visits would threaten the safety of the

18  child.  When a facility is exempt from licensing, the

19  department shall inform the owner or operator of the facility

20  of the report.  Each agency conducting a joint investigation

21  shall be entitled to full access to the information gathered

22  by the department in the course of the investigation. A

23  protective investigation must include an onsite visit of the

24  child's place of residence. In all cases, the department shall

25  make a full written report to the state attorney within 3

26  working days after making the oral report. A criminal

27  investigation shall be coordinated, whenever possible, with

28  the child protective investigation of the department. Any

29  interested person who has information regarding the offenses

30  described in this subsection may forward a statement to the

31  state attorney as to whether prosecution is warranted and

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 1  appropriate. Within 15 days after the completion of the

 2  investigation, the state attorney shall report the findings to

 3  the department and shall include in such report a

 4  determination of whether or not prosecution is justified and

 5  appropriate in view of the circumstances of the specific case.

 6         Section 3.  Section 39.621, Florida Statutes, is

 7  amended to read:

 8         (Substantial rewording of section. See

 9         s. 39.621, F.S., for present text.)

10         39.621  Permanency hearings.--

11         (1)  A permanency hearing must be held no later than 12

12  months after the date the child was sheltered or no later than

13  30 days after a court determines that reasonable efforts to

14  return a child to either parent are not required, whichever

15  occurs first.  A permanency hearing to review the

16  appropriateness of the current permanency plan must be held

17  thereafter every 12 months for any child who continues to

18  receive supervision from the department or await adoption.

19         (2)  At a permanency hearing, the court shall approve a

20  permanency plan for the child. The court must choose one of

21  the following permanency options:

22         (a)  Reunification with the parents. Reunification

23  shall remain the permanency goal when the court finds that the

24  parents have been diligently working towards reunification,

25  and reunification is expected during a time period that is

26  consistent with the developmental needs of the child;

27         (b)  Adoption, under chapter 63, when the state files

28  the petition for termination of parental rights;

29         (c)  Legal guardianship;

30  

31  

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 1         (d)  Permanent placement with a fit and willing

 2  relative, if the relative with whom a child is currently

 3  placed cannot or is not willing to adopt the child; or

 4         (e)  Another planned permanent living arrangement. A

 5  subsequent planned permanent living arrangement may be chosen

 6  for the permanency plan for the child if the department has

 7  documented a compelling reason for determining that none of

 8  the permanency goals set forth in paragraphs (a)-(d) are in

 9  the best interests of the child and the child is 14 years of

10  age and agrees with this option as the permanency goal. A

11  planned permanent living arrangement may include long-term

12  licensed custody.

13         (3)  If reunification cannot be achieved, adoption must

14  be the primary permanency option available to the court.

15  Permanency options other than adoption may be considered by

16  the court only if the court determines that adoption is not in

17  the best interests of the child.

18         Section 4.  Section 39.622, Florida Statutes, is

19  amended to read:

20         39.622  Legal guardianship Long-term custody.--When the

21  parents have either consented to legal guardianship long-term

22  custody, had their parental rights terminated, or failed to

23  substantially comply with a case plan, and the court

24  determines at any a judicial review hearing, or at an

25  adjudication hearing held under pursuant to this chapter, that

26  reunification is not in the best interest of the child, the

27  court may place the child in the legal guardianship long-term

28  custody of an adult relative or other adult approved by the

29  court who has had custody of the child for at least the 6

30  preceding months and is willing to care for the child, if all

31  of the following conditions are met:

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 1         (1)  When the proposed legal guardian is not a

 2  relative, the child must be 14 years of age or older.

 3         (2)(1)  A case plan describing the responsibilities of

 4  the relative or other adult, the department, and any other

 5  party has been submitted to the court.

 6         (3)(2)  The case plan for the child does not include

 7  reunification with the parents or adoption by the relative or

 8  other adult.

 9         (4)(3)  The child and the relative or other adult are

10  determined not to need protective supervision or preventive

11  services to ensure the stability of the placement long-term

12  custodial relationship.

13         (4)  Each party to the proceeding agrees that a

14  long-term custodial relationship does not preclude the

15  possibility of the child returning to the custody of the

16  parent at a later date if the parent demonstrates a material

17  change in circumstances and the return of the child to the

18  parent is in the child's best interest.

19         (5)  The court has considered the reasonable preference

20  of the child if the court has found the child to be of

21  sufficient intelligence, understanding, and experience to

22  express a preference.

23         (6)  The court has considered the recommendation of the

24  guardian ad litem if one has been appointed.

25         (7)  The relative or other adult has made a commitment

26  to provide for the child until the child reaches the age of

27  majority and to prepare the child for adulthood and

28  independence.

29         (7)(8)  The relative or other adult agrees not to

30  return the child to the physical care and custody of the

31  

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 1  person from whom the child was removed, including for short

 2  visitation periods, without the approval of the court.

 3         (8)(9)  The court shall retain jurisdiction over the

 4  case, and the child shall remain in the legal guardianship

 5  long-term custody of the relative or other adult approved by

 6  the court, until the order creating the legal guardianship

 7  long-term custodial relationship is modified by the court. The

 8  court shall discontinue regular judicial-review hearings and

 9  may relieve the department of the responsibility for

10  supervising the placement of the child whenever the court

11  determines that the placement is stable and that such

12  supervision is no longer needed. The child must be in the

13  placement for a minimum of 6 continuous months before the

14  court may consider termination of the department's

15  supervision. Notwithstanding the retention of jurisdiction,

16  the placement shall be considered a permanency option for the

17  child when the court relieves the department of the

18  responsibility for supervising the placement.  The order

19  terminating supervision by the department shall set forth the

20  powers of the guardian custodian of the child and shall

21  include the powers ordinarily granted to a guardian of the

22  person of a minor unless otherwise specified. The court may

23  modify the order terminating supervision of the legal

24  guardianship long-term placement if it finds that the

25  long-term placement is no longer in the best interest of the

26  child.

27         (9)(10)  A relative or other legal custodian who has

28  been designated as a legal guardian under this section

29  long-term custodian shall have all of the rights and duties of

30  a parent, including, but not limited to, the right and duty to

31  protect, train, and discipline the child and to provide the

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 1  child with food, shelter, and education, and ordinary medical,

 2  dental, psychiatric, and psychological care, unless these

 3  rights and duties are otherwise enlarged or limited by the

 4  court order establishing the long-term custodial relationship.

 5  The legal guardian long-term custodian must inform the court

 6  in writing of any changes in the residence of the guardian

 7  long-term custodian or the child.

 8         Section 5.  Section 39.623, Florida Statutes, is

 9  amended to read:

10         39.623  Other planned permanency living arrangements

11  Long-term licensed custody.--

12         (1)  LONG-TERM LICENSED CUSTODY.--The court may approve

13  placement of the child in long-term licensed custody, as a

14  permanency option, when all of the following conditions are

15  met:

16         (a)(1)  The child is 14 years of age or older.

17         (b)(2)  The child is living in a licensed home and the

18  foster parents desire to provide care for the child on a

19  permanent basis and the foster parents and the child do not

20  desire adoption.

21         (c)(3)  The foster parents have made a commitment to

22  provide for the child until he or she reaches the age of

23  majority and to prepare the child for adulthood and

24  independence.

25         (d)(4)  The child has remained in the home for a

26  continuous period of no less than 12 months.

27         (e)(5)  The foster parents and the child view one

28  another as family and consider living together as the best

29  place for the child to be on a permanent basis.

30  

31  

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 1         (f)(6)  The department's social services study

 2  recommends such placement and finds the child's well-being has

 3  been promoted through living with the foster parents.

 4  

 5  Notwithstanding the retention of jurisdiction and supervision

 6  by the department, long-term licensed custody placements made

 7  under pursuant to this section shall be considered a

 8  permanency option for the child. For purposes of this section,

 9  supervision by the department is shall be defined as a minimum

10  of semiannual visits. The order placing the child in long-term

11  licensed custody as a permanency option shall set forth the

12  powers of the foster parents of the child and shall include

13  the powers ordinarily granted to a guardian of the person of a

14  minor unless otherwise specified. The court may modify the

15  permanency option of long-term licensed custody if it finds

16  that the placement is no longer in the best interest of the

17  child.

18         (2)  INDEPENDENT LIVING.--The court may approve

19  placement of the child in an independent living arrangement as

20  permanency for any child 16 years of age or older if it can be

21  clearly established that this type of alternate care

22  arrangement is the most appropriate plan and that the health,

23  safety, and well-being of the child will not be jeopardized by

24  such an arrangement. While in independent living, children

25  whose legal custody has been awarded to the department or to a

26  licensed, child-caring or child-placing agency, or who have

27  been voluntarily placed with an agency by a parent, guardian,

28  relative, or adult approved by the court, continue to be

29  subject to provisions requiring court review until the child

30  reaches 18 years of age.

31  

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 1         Section 6.  Paragraph (d) of subsection (1) of section

 2  39.806, Florida Statutes, is amended to read:

 3         39.806  Grounds for termination of parental rights.--

 4         (1)  The department, the guardian ad litem, or any

 5  person who has knowledge of the facts alleged or who is

 6  informed of those facts and believes that they are true may

 7  petition for the termination of parental rights under any of

 8  the following circumstances:

 9         (d)  When the parent of a child is incarcerated in a

10  state or federal correctional institution and either:

11         1.  The period of time for which the parent is expected

12  to be incarcerated will constitute a substantial portion of

13  the period of time before the child will attain the age of 18

14  years. This period of time begins on the date that the parent

15  entered into incarceration at the federal or state

16  correctional institution;

17         2.  The incarcerated parent has been determined by the

18  court to be a violent career criminal as defined in s.

19  775.084, a habitual violent felony offender as defined in s.

20  775.084, or a sexual predator as defined in s. 775.21; has

21  been convicted of first degree or second degree murder in

22  violation of s. 782.04 or a sexual battery that constitutes a

23  capital, life, or first degree felony violation of s. 794.011;

24  or has been convicted of an offense in another jurisdiction

25  which is substantially similar to one of the offenses listed

26  in this paragraph.  As used in this section, the term

27  "substantially similar offense" means any offense that is

28  substantially similar in elements and penalties to one of

29  those listed in this subparagraph, and that is in violation of

30  a law of any other jurisdiction, whether that of another

31  state, the District of Columbia, the United States or any

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 1  possession or territory thereof, or any foreign jurisdiction;

 2  or

 3         3.  The court determines by clear and convincing

 4  evidence that continuing the parental relationship with the

 5  incarcerated parent would be harmful to the child and, for

 6  this reason, that termination of the parental rights of the

 7  incarcerated parent is in the best interest of the child.

 8         Section 7.  Section 39.810, Florida Statutes, is

 9  amended to read:

10         39.810  Manifest best interests of the child.--In a

11  hearing on a petition for termination of parental rights, the

12  court shall consider the manifest best interests of the child.

13  This consideration shall not include a comparison between the

14  attributes of the parents and those of any persons providing a

15  present or potential placement for the child. For the purpose

16  of determining the manifest best interests of the child, the

17  court shall consider and evaluate all relevant factors,

18  including, but not limited to:

19         (1)  Any suitable permanent custody arrangement with a

20  relative of the child.

21         (2)  The ability and disposition of the parent or

22  parents to provide the child with food, clothing, medical care

23  or other remedial care recognized and permitted under state

24  law instead of medical care, and other material needs of the

25  child.

26         (3)  The capacity of the parent or parents to care for

27  the child to the extent that the child's safety, well-being,

28  and physical, mental, and emotional health will not be

29  endangered upon the child's return home.

30         (4)  The present mental and physical health needs of

31  the child and such future needs of the child to the extent

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 1  that such future needs can be ascertained based on the present

 2  condition of the child.

 3         (5)  The love, affection, and other emotional ties

 4  existing between the child and the child's parent or parents,

 5  siblings, and other relatives, and the degree of harm to the

 6  child that would arise from the termination of parental rights

 7  and duties.

 8         (6)  The likelihood of an older child remaining in

 9  long-term foster care upon termination of parental rights, due

10  to emotional or behavioral problems or any special needs of

11  the child.

12         (7)  The child's ability to form a significant

13  relationship with a parental substitute and the likelihood

14  that the child will enter into a more stable and permanent

15  family relationship as a result of permanent termination of

16  parental rights and duties.

17         (8)  The length of time that the child has lived in a

18  stable, satisfactory environment and the desirability of

19  maintaining continuity.

20         (9)  The depth of the relationship existing between the

21  child and the present custodian.

22         (10)  The reasonable preferences and wishes of the

23  child, if the court deems the child to be of sufficient

24  intelligence, understanding, and experience to express a

25  preference.

26         (11)  The recommendations for the child provided by the

27  child's guardian ad litem or legal representative.

28  

29  A finding made under this section that termination of parental

30  rights is in the manifest best interest of the child may also

31  constitute proof that reunification with the parent or parents

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 1  poses a substantial risk of significant harm to the child and

 2  that termination of parental rights is the least restrictive

 3  means of protecting the child.

 4         Section 8.  Subsection (4) of section 39.811, Florida

 5  Statutes, is amended to read:

 6         39.811  Powers of disposition; order of disposition.--

 7         (4)  If the child is neither in the custody of the

 8  department nor in the custody of a parent and the court finds

 9  that the grounds for termination of parental rights have been

10  established for either or both parents, the court shall enter

11  an order terminating parental rights for the parent or parents

12  for whom the grounds for termination have been established and

13  placing the child with the department or an appropriate legal

14  custodian. If the parental rights of both parents have been

15  terminated, or if the parental rights of only one parent have

16  been terminated and the court makes specific findings based on

17  evidence presented that placement with the remaining parent is

18  likely to be harmful to the child, the court may order that

19  the child be placed with a legal custodian other than the

20  department after hearing evidence of the suitability of the

21  such intended placement. Suitability of the intended placement

22  includes the fitness and capabilities of the proposed legal

23  custodian to function as the primary caregiver for a

24  particular child; and the compatibility of the child with the

25  home in which the child is intended to be placed. If the court

26  orders that a child be placed with a legal custodian under

27  this subsection, the court shall appoint the such legal

28  custodian either as the guardian for the child as provided in

29  s. 744.3021 or as the legal guardian long-term custodian of

30  the child as provided in s. 39.622 so long as the child has

31  been residing with the legal custodian for a minimum of 6

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 1  months. The court may modify the order placing the child in

 2  the custody of the legal custodian and revoke the guardianship

 3  established under s. 744.3021 or the legal guardianship

 4  established under s. 39.622 long-term custodial relationship

 5  if the court subsequently finds the placement to be no longer

 6  in the best interest of the child.

 7         Section 9.  For the purpose of incorporating the

 8  amendment made by this act to section 39.806, Florida

 9  Statutes, in a reference thereto, subsection (6) of section

10  39.811, Florida Statutes, is reenacted to read:

11         39.811  Powers of disposition; order of disposition.--

12         (6)  The parental rights of one parent may be severed

13  without severing the parental rights of the other parent only

14  under the following circumstances:

15         (a)  If the child has only one surviving parent;

16         (b)  If the identity of a prospective parent has been

17  established as unknown after sworn testimony;

18         (c)  If the parent whose rights are being terminated

19  became a parent through a single-parent adoption;

20         (d)  If the protection of the child demands termination

21  of the rights of a single parent; or

22         (e)  If the parent whose rights are being terminated

23  meets any of the criteria specified in s. 39.806(1)(d) and

24  (f)-(i).

25         Section 10.  For the purpose of incorporating the

26  amendment made by this act to section 39.806, Florida

27  Statutes, in a reference thereto, paragraph (b) of subsection

28  (2) of section 61.13, Florida Statutes, is reenacted to read:

29         61.13  Custody and support of children; visitation

30  rights; power of court in making orders.--

31         (2)

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 1         (b)1.  The court shall determine all matters relating

 2  to custody of each minor child of the parties in accordance

 3  with the best interests of the child and in accordance with

 4  the Uniform Child Custody Jurisdiction and Enforcement Act. It

 5  is the public policy of this state to assure that each minor

 6  child has frequent and continuing contact with both parents

 7  after the parents separate or the marriage of the parties is

 8  dissolved and to encourage parents to share the rights and

 9  responsibilities, and joys, of childrearing. After considering

10  all relevant facts, the father of the child shall be given the

11  same consideration as the mother in determining the primary

12  residence of a child irrespective of the age or sex of the

13  child.

14         2.  The court shall order that the parental

15  responsibility for a minor child be shared by both parents

16  unless the court finds that shared parental responsibility

17  would be detrimental to the child. Evidence that a parent has

18  been convicted of a felony of the third degree or higher

19  involving domestic violence, as defined in s. 741.28 and

20  chapter 775, or meets the criteria of s. 39.806(1)(d), creates

21  a rebuttable presumption of detriment to the child. If the

22  presumption is not rebutted, shared parental responsibility,

23  including visitation, residence of the child, and decisions

24  made regarding the child, may not be granted to the convicted

25  parent. However, the convicted parent is not relieved of any

26  obligation to provide financial support. If the court

27  determines that shared parental responsibility would be

28  detrimental to the child, it may order sole parental

29  responsibility and make such arrangements for visitation as

30  will best protect the child or abused spouse from further

31  harm. Whether or not there is a conviction of any offense of

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 1  domestic violence or child abuse or the existence of an

 2  injunction for protection against domestic violence, the court

 3  shall consider evidence of domestic violence or child abuse as

 4  evidence of detriment to the child.

 5         a.  In ordering shared parental responsibility, the

 6  court may consider the expressed desires of the parents and

 7  may grant to one party the ultimate responsibility over

 8  specific aspects of the child's welfare or may divide those

 9  responsibilities between the parties based on the best

10  interests of the child. Areas of responsibility may include

11  primary residence, education, medical and dental care, and any

12  other responsibilities that the court finds unique to a

13  particular family.

14         b.  The court shall order "sole parental

15  responsibility, with or without visitation rights, to the

16  other parent when it is in the best interests of" the minor

17  child.

18         c.  The court may award the grandparents visitation

19  rights with a minor child if it is in the child's best

20  interest. Grandparents have legal standing to seek judicial

21  enforcement of such an award. This section does not require

22  that grandparents be made parties or given notice of

23  dissolution pleadings or proceedings. A court may not order

24  that a child be kept within the state or jurisdiction of the

25  court solely for the purpose of permitting visitation by the

26  grandparents.

27         3.  Access to records and information pertaining to a

28  minor child, including, but not limited to, medical, dental,

29  and school records, may not be denied to a parent because the

30  parent is not the child's primary residential parent. Full

31  rights under this subparagraph apply to either parent unless a

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 1  court order specifically revokes these rights, including any

 2  restrictions on these rights as provided in a domestic

 3  violence injunction. A parent having rights under this

 4  subparagraph has the same rights upon request as to form,

 5  substance, and manner of access as are available to the other

 6  parent of a child, including, without limitation, the right to

 7  in-person communication with medical, dental, and education

 8  providers.

 9         Section 11.  Section 39.624, Florida Statutes, is

10  repealed.

11         Section 12.  This act shall take effect July 1, 2005.

12  

13            *****************************************

14                          SENATE SUMMARY

15    Requires that a permanency hearing be conducted within a
      specified time. Requires the court to approve a
16    permanency plan. Provides that adoption is the primary
      permanency option if reunification of the child with his
17    or her parents is not in the best interest of the child.
      Provides for the appointment of a legal guardian.
18    Provides the criteria for the court to consider before
      appointing a legal guardian. Provides that the parental
19    rights of a person incarcerated in a state or federal
      correctional institution may be terminated if the period
20    of time for which the parent is expected to be
      incarcerated will constitute a substantial portion of
21    time before the child attains the age of 18 years.
      Provides that the time period is measured from the time
22    the parent enters the correctional institution. Provides
      that if termination of parental rights is in the manifest
23    best interest of the child, it may also constitute proof
      that the termination is the least restrictive means of
24    protecting the child.

25  

26  

27  

28  

29  

30  

31  

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