1 | The Civil Justice Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to children in out-of-home placements; |
7 | amending s. 39.402, F.S.; providing that a court must be |
8 | provided with a name and location of an individual who |
9 | might be considered for placement of a child; amending s. |
10 | 39.521, F.S.; deleting a requirement to use diligent |
11 | efforts to locate an adult relative to care for a child; |
12 | amending s. 39.522, F.S.; providing a standard for |
13 | changing the custody of a child; providing for an |
14 | evidentiary hearing when there is an objection to the |
15 | placement of a child; providing factors a court must |
16 | consider in determining a change of placement to any |
17 | person other than a parent; amending s. 63.082, F.S.; |
18 | providing for consideration of certain factors in |
19 | determining whether the best interest of the child will be |
20 | served by transferring custody of the child when the child |
21 | has resided in the same out-of-home placement for more |
22 | than 1 year; amending s. 120.80, F.S.; requiring that an |
23 | administrative hearing be conducted by an administrative |
24 | law judge assigned by the Division of Administrative |
25 | Hearings in cases involving children with developmental |
26 | disabilities under certain circumstances; providing an |
27 | effective date. |
28 |
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29 | Be It Enacted by the Legislature of the State of Florida: |
30 |
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31 | Section 1. Subsection (17) is added to section 39.402, |
32 | Florida Statutes, to read: |
33 | 39.402 Placement in a shelter.-- |
34 | (17) The court shall inquire of the parent as to whether |
35 | the child has any relatives who might be considered as a |
36 | placement. The parent shall provide the name and location |
37 | information of any such relative or other adult who might be |
38 | considered a placement to the court and all parties. The court |
39 | shall advise the parent that if the parent knows of any relative |
40 | or other adult who wishes to be considered as a placement, the |
41 | parent must notify the court and assist the department in |
42 | locating the relative or other adult. |
43 | Section 2. Paragraph (d) of subsection (1) of section |
44 | 39.521, Florida Statutes, is amended to read: |
45 | 39.521 Disposition hearings; powers of disposition.-- |
46 | (1) A disposition hearing shall be conducted by the court, |
47 | if the court finds that the facts alleged in the petition for |
48 | dependency were proven in the adjudicatory hearing, or if the |
49 | parents or legal custodians have consented to the finding of |
50 | dependency or admitted the allegations in the petition, have |
51 | failed to appear for the arraignment hearing after proper |
52 | notice, or have not been located despite a diligent search |
53 | having been conducted. |
54 | (d) The court shall, in its written order of disposition, |
55 | include all of the following: |
56 | 1. The placement or custody of the child. |
57 | 2. Special conditions of placement and visitation. |
58 | 3. Evaluation, counseling, treatment activities, and other |
59 | actions to be taken by the parties, if ordered. |
60 | 4. The persons or entities responsible for supervising or |
61 | monitoring services to the child and parent. |
62 | 5. Continuation or discharge of the guardian ad litem, as |
63 | appropriate. |
64 | 6. The date, time, and location of the next scheduled |
65 | review hearing, which must occur within the earlier of: |
66 | a. Ninety days after the disposition hearing; |
67 | b. Ninety days after the court accepts the case plan; |
68 | c. Six months after the date of the last review hearing; |
69 | or |
70 | d. Six months after the date of the child's removal from |
71 | his or her home, if no review hearing has been held since the |
72 | child's removal from the home. |
73 | 7. If the child is in an out-of-home placement, child |
74 | support to be paid by the parents, or the guardian of the |
75 | child's estate if possessed of assets which under law may be |
76 | disbursed for the care, support, and maintenance of the child. |
77 | The court may exercise jurisdiction over all child support |
78 | matters, shall adjudicate the financial obligation, including |
79 | health insurance, of the child's parents or guardian, and shall |
80 | enforce the financial obligation as provided in chapter 61. The |
81 | state's child support enforcement agency shall enforce child |
82 | support orders under this section in the same manner as child |
83 | support orders under chapter 61. Placement of the child shall |
84 | not be contingent upon issuance of a support order. |
85 | 8.a. If the court does not commit the child to the |
86 | temporary legal custody of an adult relative, legal custodian, |
87 | or other adult approved by the court, the disposition order |
88 | shall include the reasons for such a decision and shall include |
89 | a determination as to whether diligent efforts were made by the |
90 | department to locate an adult relative, legal custodian, or |
91 | other adult willing to care for the child in order to present |
92 | that placement option to the court instead of placement with the |
93 | department. |
94 | b. If diligent efforts are made to locate an adult |
95 | relative willing and able to care for the child but, because no |
96 | suitable relative is found and, the child is placed with the |
97 | department or a legal custodian or other adult approved by the |
98 | court, both the department and the court shall consider |
99 | transferring temporary legal custody to an adult relative |
100 | approved by the court at a later date, but neither the |
101 | department and nor the court may not is obligated to so place |
102 | the child if it is in the child's best interest to remain in the |
103 | current placement. |
104 |
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105 | For the purposes of this subparagraph, "diligent efforts to |
106 | locate an adult relative" means a search similar to the diligent |
107 | search for a parent, but without the continuing obligation to |
108 | search after an initial adequate search is completed. |
109 | 9. Other requirements necessary to protect the health, |
110 | safety, and well-being of the child, to preserve the stability |
111 | of the child's educational placement, and to promote family |
112 | preservation or reunification whenever possible. |
113 | Section 3. Section 39.522, Florida Statutes, is amended to |
114 | read: |
115 | 39.522 Postdisposition change of custody.--The court may |
116 | change the temporary legal custody or the conditions of |
117 | protective supervision at a postdisposition hearing, without the |
118 | necessity of another adjudicatory hearing. The standard for |
119 | changing the custody of the child shall be the best interest of |
120 | the child. |
121 | (1)(a) A child who has been placed in the child's own home |
122 | under the protective supervision of an authorized agent of the |
123 | department, in the home of a relative, in the home of a legal |
124 | custodian, or in some other place, including a foster home, may |
125 | be brought before the court by the department or by any other |
126 | interested person, upon the filing of a petition alleging a need |
127 | for a change in the conditions of protective supervision or the |
128 | placement. |
129 | (b) If any party or the actual custodian of the child |
130 | objects to a change in placement If the parents or other legal |
131 | custodians deny the need for a change, the court shall conduct |
132 | an evidentiary hearing and hear all parties and the actual |
133 | custodian in person or by counsel, or both. |
134 | (c) When the proposed change of placement is to any person |
135 | other than a parent, the decision may not be based solely on the |
136 | existence of a biological or prospective adoptive relationship |
137 | with a placement or on the expressed wishes of a parent, |
138 | caregiver, or relative. The court's best interest determination |
139 | shall be based on evidence admitted at the hearing and shall |
140 | include an evaluation of, and entry of findings as to, all |
141 | factors affecting the welfare of the child, including but not |
142 | limited to: |
143 | 1. The ability of the current and proposed custodians to |
144 | provide for the safety, well-being, and physical, mental, and |
145 | emotional health of the child. |
146 | 2. The love, affection, and other emotional ties existing |
147 | between the child and the current and proposed custodians. |
148 | 3. The length of time the child has lived in a stable, |
149 | satisfactory environment and the desirability of maintaining |
150 | continuity. |
151 | 4. The preference of the child, if the court deems the |
152 | child to be of sufficient intelligence, understanding, and |
153 | experience to express a preference. |
154 | (2) Upon the admission of a need for a change or after the |
155 | such hearing, the court shall enter an order changing the |
156 | placement, modifying the conditions of protective supervision, |
157 | or continuing the conditions of protective supervision as |
158 | ordered. The standard for changing custody of the child shall be |
159 | the best interest of the child. If the child is not placed in |
160 | foster care, then the new placement for the child must meet the |
161 | home study criteria and court approval pursuant to this chapter. |
162 | (3)(2) In cases where the issue before the court is |
163 | whether a child should be reunited with a parent, the court |
164 | shall determine whether the parent has substantially complied |
165 | with the terms of the case plan to the extent that the safety, |
166 | well-being, and physical, mental, and emotional health of the |
167 | child is not endangered by the return of the child to the home. |
168 | Section 4. Paragraph (d) of subsection (6) of section |
169 | 63.082, Florida Statutes, is amended to read: |
170 | 63.082 Execution of consent to adoption or affidavit of |
171 | nonpaternity; family social and medical history; withdrawal of |
172 | consent.-- |
173 | (6) |
174 | (d) Subject to consideration of the factors listed in s. |
175 | 39.522(1), when any child has resided in the same out-of-home |
176 | placement for more than 1 year prior to the filing of a motion |
177 | under this subsection, in determining whether the best interest |
178 | of the child will be served by transferring the custody of the |
179 | minor child to the prospective adoptive parent selected by the |
180 | birth parent, the court shall give consideration to the rights |
181 | of the birth parent to determine an appropriate placement for |
182 | the child, the permanency offered, the child's bonding with any |
183 | potential adoptive home that the child has been residing in, and |
184 | the importance of maintaining sibling relationships, if |
185 | possible. |
186 | Section 5. Subsection (18) is added to section 120.80, |
187 | Florida Statutes, to read: |
188 | 120.80 Exceptions and special requirements; agencies.-- |
189 | (18) AGENCY FOR PERSONS WITH |
190 | DISABILITIES.--Notwithstanding subsection (7), hearings shall be |
191 | conducted by an administrative law judge assigned by the |
192 | division in cases involving children with developmental |
193 | disabilities who are in the custody of the department and placed |
194 | in out-of-home care who apply for, are denied, or receive |
195 | reduced developmental disability services under chapter 393. |
196 | Section 6. This act shall take effect July 1, 2006. |