1 | A bill to be entitled |
2 | An act relating to children in out-of-home placements; |
3 | amending s. 39.522, F.S.; providing that a rebuttable |
4 | presumption arises to continue placement with the |
5 | custodian of a child in an out-of-home placement as in the |
6 | best interest of the child if the child has resided in the |
7 | same out-of-home placement for more than 1 year and the |
8 | custodian is eligible to be the permanent custodian; |
9 | providing that the presumption is not rebutted solely by |
10 | the expressed wishes of a parent or by placing the child |
11 | with a person who is biologically related to the child but |
12 | who is not living with a parent; amending s. 63.082, F.S.; |
13 | conforming provisions to changes made by the act; amending |
14 | s. 120.80, F.S.; requiring that an administrative hearing |
15 | be conducted by an administrative law judge assigned by |
16 | the Division of Administrative Hearings in cases involving |
17 | children with developmental disabilities who are in the |
18 | custody of the department and placed in out-of-home care |
19 | who apply for, are denied, or receive reduced |
20 | developmental disability services under ch. 393, F.S.; |
21 | providing an effective date. |
22 |
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23 | Be It Enacted by the Legislature of the State of Florida: |
24 |
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25 | Section 1. Section 39.522, Florida Statutes, is amended to |
26 | read: |
27 | 39.522 Postdisposition change of custody.--The court may |
28 | change the temporary legal custody or the conditions of |
29 | protective supervision at a postdisposition hearing, without the |
30 | necessity of another adjudicatory hearing. |
31 | (1) A child who has been placed in the child's own home |
32 | under the protective supervision of an authorized agent of the |
33 | department, in the home of a relative, in the home of a legal |
34 | custodian, or in some other place, including a foster home, may |
35 | be brought before the court by the department or by any other |
36 | interested person, upon the filing of a petition alleging a need |
37 | for a change in the conditions of protective supervision or the |
38 | placement. If the parents, or other legal custodians, or |
39 | guardian denies deny the need for a change, the court shall hear |
40 | all parties, the custodian, and the interested persons in person |
41 | or by counsel, or both. Upon the admission of a need for a |
42 | change or after the such hearing, the court shall enter an order |
43 | changing the placement, modifying the conditions of protective |
44 | supervision, or continuing the conditions of protective |
45 | supervision as ordered. The standard for changing custody of the |
46 | child shall be the best interest of the child. If a child has |
47 | resided in the same out-of-home placement for more than 1 year |
48 | and the custodian of the child in that out-of-home placement |
49 | requests and is eligible for consideration as a permanent |
50 | custodian for the child, a rebuttable presumption arises that |
51 | continuing the out-of-home placement is in the best interest of |
52 | the child. This presumption may not be rebutted solely by the |
53 | expressed wishes of a parent or by placing the child with a |
54 | person who is biologically related to the child but who is not |
55 | living with a parent. If the child is not placed in foster care, |
56 | then the new placement for the child must meet the home study |
57 | criteria and court approval pursuant to this chapter. |
58 | (2) In cases where the issue before the court is whether a |
59 | child should be reunited with a parent, the court shall |
60 | determine whether the parent has substantially complied with the |
61 | terms of the case plan to the extent that the safety, well- |
62 | being, and physical, mental, and emotional health of the child |
63 | is not endangered by the return of the child to the home. |
64 | Section 2. Paragraph (d) of subsection (6) of section |
65 | 63.082, Florida Statutes, is amended to read: |
66 | 63.082 Execution of consent to adoption or affidavit of |
67 | nonpaternity; family social and medical history; withdrawal of |
68 | consent.-- |
69 | (6) |
70 | (d) Subject to s. 39.522(1), when In determining whether |
71 | the best interest of the child will be served by transferring |
72 | the custody of the minor child to the prospective adoptive |
73 | parent selected by the birth parent, the court shall give |
74 | consideration to the rights of the birth parent to determine an |
75 | appropriate placement for the child, the permanency offered, the |
76 | child's bonding with any potential adoptive home that the child |
77 | has been residing in, and the importance of maintaining sibling |
78 | relationships, if possible. |
79 | Section 3. Subsection (18) is added to section 120.80, |
80 | Florida Statutes, to read: |
81 | 120.80 Exceptions and special requirements; agencies.-- |
82 | (18) AGENCY FOR PERSONS WITH |
83 | DISABILITIES.--Notwithstanding subsection (7), hearings shall be |
84 | conducted by an administrative law judge assigned by the |
85 | division in cases involving children with developmental |
86 | disabilities who are in the custody of the department and placed |
87 | in out-of-home care who apply for, are denied, or receive |
88 | reduced developmental disability services under chapter 393. |
89 | Section 4. This act shall take effect July 1, 2006. |