HB 1521

1
A bill to be entitled
2An act relating to children in out-of-home placements;
3amending s. 39.522, F.S.; providing that a rebuttable
4presumption arises to continue placement with the
5custodian of a child in an out-of-home placement as in the
6best interest of the child if the child has resided in the
7same out-of-home placement for more than 1 year and the
8custodian is eligible to be the permanent custodian;
9providing that the presumption is not rebutted solely by
10the expressed wishes of a parent or by placing the child
11with a person who is biologically related to the child but
12who is not living with a parent; amending s. 63.082, F.S.;
13conforming provisions to changes made by the act; amending
14s. 120.80, F.S.; requiring that an administrative hearing
15be conducted by an administrative law judge assigned by
16the Division of Administrative Hearings in cases involving
17children with developmental disabilities who are in the
18custody of the department and placed in out-of-home care
19who apply for, are denied, or receive reduced
20developmental disability services under ch. 393, F.S.;
21providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Section 39.522, Florida Statutes, is amended to
26read:
27     39.522  Postdisposition change of custody.--The court may
28change the temporary legal custody or the conditions of
29protective supervision at a postdisposition hearing, without the
30necessity of another adjudicatory hearing.
31     (1)  A child who has been placed in the child's own home
32under the protective supervision of an authorized agent of the
33department, in the home of a relative, in the home of a legal
34custodian, or in some other place, including a foster home, may
35be brought before the court by the department or by any other
36interested person, upon the filing of a petition alleging a need
37for a change in the conditions of protective supervision or the
38placement. If the parents, or other legal custodians, or
39guardian denies deny the need for a change, the court shall hear
40all parties, the custodian, and the interested persons in person
41or by counsel, or both. Upon the admission of a need for a
42change or after the such hearing, the court shall enter an order
43changing the placement, modifying the conditions of protective
44supervision, or continuing the conditions of protective
45supervision as ordered. The standard for changing custody of the
46child shall be the best interest of the child. If a child has
47resided in the same out-of-home placement for more than 1 year
48and the custodian of the child in that out-of-home placement
49requests and is eligible for consideration as a permanent
50custodian for the child, a rebuttable presumption arises that
51continuing the out-of-home placement is in the best interest of
52the child. This presumption may not be rebutted solely by the
53expressed wishes of a parent or by placing the child with a
54person who is biologically related to the child but who is not
55living with a parent. If the child is not placed in foster care,
56then the new placement for the child must meet the home study
57criteria and court approval pursuant to this chapter.
58     (2)  In cases where the issue before the court is whether a
59child should be reunited with a parent, the court shall
60determine whether the parent has substantially complied with the
61terms of the case plan to the extent that the safety, well-
62being, and physical, mental, and emotional health of the child
63is not endangered by the return of the child to the home.
64     Section 2.  Paragraph (d) of subsection (6) of section
6563.082, Florida Statutes, is amended to read:
66     63.082  Execution of consent to adoption or affidavit of
67nonpaternity; family social and medical history; withdrawal of
68consent.--
69     (6)
70     (d)  Subject to s. 39.522(1), when In determining whether
71the best interest of the child will be served by transferring
72the custody of the minor child to the prospective adoptive
73parent selected by the birth parent, the court shall give
74consideration to the rights of the birth parent to determine an
75appropriate placement for the child, the permanency offered, the
76child's bonding with any potential adoptive home that the child
77has been residing in, and the importance of maintaining sibling
78relationships, if possible.
79     Section 3.  Subsection (18) is added to section 120.80,
80Florida Statutes, to read:
81     120.80  Exceptions and special requirements; agencies.--
82     (18)  AGENCY FOR PERSONS WITH
83DISABILITIES.--Notwithstanding subsection (7), hearings shall be
84conducted by an administrative law judge assigned by the
85division in cases involving children with developmental
86disabilities who are in the custody of the department and placed
87in out-of-home care who apply for, are denied, or receive
88reduced developmental disability services under chapter 393.
89     Section 4.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.