| 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. |