HB 1521CS

CHAMBER ACTION




1The Civil Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to children in out-of-home placements;
7amending s. 39.402, F.S.; providing that a court must be
8provided with a name and location of an individual who
9might be considered for placement of a child; amending s.
1039.521, F.S.; deleting a requirement to use diligent
11efforts to locate an adult relative to care for a child;
12amending s. 39.522, F.S.; providing a standard for
13changing the custody of a child; providing for an
14evidentiary hearing when there is an objection to the
15placement of a child; providing factors a court must
16consider in determining a change of placement to any
17person other than a parent; amending s. 63.082, F.S.;
18providing for consideration of certain factors in
19determining whether the best interest of the child will be
20served by transferring custody of the child when the child
21has resided in the same out-of-home placement for more
22than 1 year; amending s. 120.80, F.S.; requiring that an
23administrative hearing be conducted by an administrative
24law judge assigned by the Division of Administrative
25Hearings in cases involving children with developmental
26disabilities under certain circumstances; providing an
27effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Subsection (17) is added to section 39.402,
32Florida Statutes, to read:
33     39.402  Placement in a shelter.--
34     (17)  The court shall inquire of the parent as to whether
35the child has any relatives who might be considered as a
36placement. The parent shall provide the name and location
37information of any such relative or other adult who might be
38considered a placement to the court and all parties. The court
39shall advise the parent that if the parent knows of any relative
40or other adult who wishes to be considered as a placement, the
41parent must notify the court and assist the department in
42locating the relative or other adult.
43     Section 2.  Paragraph (d) of subsection (1) of section
4439.521, 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,
47if the court finds that the facts alleged in the petition for
48dependency were proven in the adjudicatory hearing, or if the
49parents or legal custodians have consented to the finding of
50dependency or admitted the allegations in the petition, have
51failed to appear for the arraignment hearing after proper
52notice, or have not been located despite a diligent search
53having been conducted.
54     (d)  The court shall, in its written order of disposition,
55include 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
59actions to be taken by the parties, if ordered.
60     4.  The persons or entities responsible for supervising or
61monitoring services to the child and parent.
62     5.  Continuation or discharge of the guardian ad litem, as
63appropriate.
64     6.  The date, time, and location of the next scheduled
65review 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;
69or
70     d.  Six months after the date of the child's removal from
71his or her home, if no review hearing has been held since the
72child's removal from the home.
73     7.  If the child is in an out-of-home placement, child
74support to be paid by the parents, or the guardian of the
75child's estate if possessed of assets which under law may be
76disbursed for the care, support, and maintenance of the child.
77The court may exercise jurisdiction over all child support
78matters, shall adjudicate the financial obligation, including
79health insurance, of the child's parents or guardian, and shall
80enforce the financial obligation as provided in chapter 61. The
81state's child support enforcement agency shall enforce child
82support orders under this section in the same manner as child
83support orders under chapter 61. Placement of the child shall
84not be contingent upon issuance of a support order.
85     8.a.  If the court does not commit the child to the
86temporary legal custody of an adult relative, legal custodian,
87or other adult approved by the court, the disposition order
88shall include the reasons for such a decision and shall include
89a determination as to whether diligent efforts were made by the
90department to locate an adult relative, legal custodian, or
91other adult willing to care for the child in order to present
92that placement option to the court instead of placement with the
93department.
94     b.  If diligent efforts are made to locate an adult
95relative willing and able to care for the child but, because no
96suitable relative is found and, the child is placed with the
97department or a legal custodian or other adult approved by the
98court, both the department and the court shall consider
99transferring temporary legal custody to an adult relative
100approved by the court at a later date, but neither the
101department and nor the court may not is obligated to so place
102the child if it is in the child's best interest to remain in the
103current placement.
104
105For the purposes of this subparagraph, "diligent efforts to
106locate an adult relative" means a search similar to the diligent
107search for a parent, but without the continuing obligation to
108search after an initial adequate search is completed.
109     9.  Other requirements necessary to protect the health,
110safety, and well-being of the child, to preserve the stability
111of the child's educational placement, and to promote family
112preservation or reunification whenever possible.
113     Section 3.  Section 39.522, Florida Statutes, is amended to
114read:
115     39.522  Postdisposition change of custody.--The court may
116change the temporary legal custody or the conditions of
117protective supervision at a postdisposition hearing, without the
118necessity of another adjudicatory hearing. The standard for
119changing the custody of the child shall be the best interest of
120the child.
121     (1)(a)  A child who has been placed in the child's own home
122under the protective supervision of an authorized agent of the
123department, in the home of a relative, in the home of a legal
124custodian, or in some other place, including a foster home, may
125be brought before the court by the department or by any other
126interested person, upon the filing of a petition alleging a need
127for a change in the conditions of protective supervision or the
128placement.
129     (b)  If any party or the actual custodian of the child
130objects to a change in placement If the parents or other legal
131custodians deny the need for a change, the court shall conduct
132an evidentiary hearing and hear all parties and the actual
133custodian in person or by counsel, or both.
134     (c)  When the proposed change of placement is to any person
135other than a parent, the decision may not be based solely on the
136existence of a biological or prospective adoptive relationship
137with a placement or on the expressed wishes of a parent,
138caregiver, or relative. The court's best interest determination
139shall be based on evidence admitted at the hearing and shall
140include an evaluation of, and entry of findings as to, all
141factors affecting the welfare of the child, including but not
142limited to:
143     1.  The ability of the current and proposed custodians to
144provide for the safety, well-being, and physical, mental, and
145emotional health of the child.
146     2.  The love, affection, and other emotional ties existing
147between the child and the current and proposed custodians.
148     3.  The length of time the child has lived in a stable,
149satisfactory environment and the desirability of maintaining
150continuity.
151     4.  The preference of the child, if the court deems the
152child to be of sufficient intelligence, understanding, and
153experience to express a preference.
154     (2)  Upon the admission of a need for a change or after the
155such hearing, the court shall enter an order changing the
156placement, modifying the conditions of protective supervision,
157or continuing the conditions of protective supervision as
158ordered. The standard for changing custody of the child shall be
159the best interest of the child. If the child is not placed in
160foster care, then the new placement for the child must meet the
161home study criteria and court approval pursuant to this chapter.
162     (3)(2)  In cases where the issue before the court is
163whether a child should be reunited with a parent, the court
164shall determine whether the parent has substantially complied
165with the terms of the case plan to the extent that the safety,
166well-being, and physical, mental, and emotional health of the
167child is not endangered by the return of the child to the home.
168     Section 4.  Paragraph (d) of subsection (6) of section
16963.082, Florida Statutes, is amended to read:
170     63.082  Execution of consent to adoption or affidavit of
171nonpaternity; family social and medical history; withdrawal of
172consent.--
173     (6)
174     (d)  Subject to consideration of the factors listed in s.
17539.522(1), when any child has resided in the same out-of-home
176placement for more than 1 year prior to the filing of a motion
177under this subsection, in determining whether the best interest
178of the child will be served by transferring the custody of the
179minor child to the prospective adoptive parent selected by the
180birth parent, the court shall give consideration to the rights
181of the birth parent to determine an appropriate placement for
182the child, the permanency offered, the child's bonding with any
183potential adoptive home that the child has been residing in, and
184the importance of maintaining sibling relationships, if
185possible.
186     Section 5.  Subsection (18) is added to section 120.80,
187Florida Statutes, to read:
188     120.80  Exceptions and special requirements; agencies.--
189     (18)  AGENCY FOR PERSONS WITH
190DISABILITIES.--Notwithstanding subsection (7), hearings shall be
191conducted by an administrative law judge assigned by the
192division in cases involving children with developmental
193disabilities who are in the custody of the department and placed
194in out-of-home care who apply for, are denied, or receive
195reduced developmental disability services under chapter 393.
196     Section 6.  This act shall take effect July 1, 2006.


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