Senate Bill sb1732

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    Florida Senate - 2006                                  SB 1732

    By Senator Rich





    34-1132A-06

  1                      A bill to be entitled

  2         An act relating to children in out-of-home

  3         placements; amending s. 39.522, F.S.; providing

  4         that a rebuttable presumption arises to

  5         continue placement with the custodian of a

  6         child in an out-of-home placement as in the

  7         best interest of the child if the child has

  8         resided in the same out-of-home placement for

  9         more than 1 year and the custodian is eligible

10         to be the permanent custodian; providing that

11         the presumption is not rebutted solely by the

12         expressed wishes of a parent or by placing the

13         child with a person who is biologically related

14         to the child but who is not living with a

15         parent; amending s. 63.082, F.S.; conforming

16         provisions to changes made by the act; amending

17         s. 120.80, F.S.; requiring that an

18         administrative hearing be conducted by an

19         administrative law judge assigned by the

20         Division of Administrative Hearings in cases

21         involving children with developmental

22         disabilities who are in the custody of the

23         department and placed in out-of-home care who

24         apply for, are denied, or receive reduced

25         developmental disability services under ch.

26         393, F.S.; providing an effective date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Section 39.522, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2006                                  SB 1732
    34-1132A-06




 1         39.522  Postdisposition change of custody.--The court

 2  may change the temporary legal custody or the conditions of

 3  protective supervision at a postdisposition hearing, without

 4  the necessity of another adjudicatory hearing.

 5         (1)  A child who has been placed in the child's own

 6  home under the protective supervision of an authorized agent

 7  of the department, in the home of a relative, in the home of a

 8  legal custodian, or in some other place, including a foster

 9  home, may be brought before the court by the department or by

10  any other interested person, upon the filing of a petition

11  alleging a need for a change in the conditions of protective

12  supervision or the placement. If the parents, or other legal

13  custodians, or guardian denies deny the need for a change, the

14  court shall hear all parties, the custodian, and the

15  interested persons in person or by counsel, or both. Upon the

16  admission of a need for a change or after the such hearing,

17  the court shall enter an order changing the placement,

18  modifying the conditions of protective supervision, or

19  continuing the conditions of protective supervision as

20  ordered. The standard for changing custody of the child shall

21  be the best interest of the child. If a child has resided in

22  the same out-of-home placement for more than 1 year and the

23  custodian of the child in that out-of-home placement requests

24  and is eligible for consideration as a permanent custodian for

25  the child, a rebuttable presumption arises that continuing the

26  out-of-home placement is in the best interest of the child.

27  This presumption may not be rebutted solely by the expressed

28  wishes of a parent or by placing the child with a person who

29  is biologically related to the child but who is not living

30  with a parent. If the child is not placed in foster care, then

31  

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    Florida Senate - 2006                                  SB 1732
    34-1132A-06




 1  the new placement for the child must meet the home study

 2  criteria and court approval pursuant to this chapter.

 3         (2)  In cases where the issue before the court is

 4  whether a child should be reunited with a parent, the court

 5  shall determine whether the parent has substantially complied

 6  with the terms of the case plan to the extent that the safety,

 7  well-being, and physical, mental, and emotional health of the

 8  child is not endangered by the return of the child to the

 9  home.

10         Section 2.  Paragraph (d) of subsection (6) of section

11  63.082, Florida Statutes, is amended to read:

12         63.082  Execution of consent to adoption or affidavit

13  of nonpaternity; family social and medical history; withdrawal

14  of consent.--

15         (6)

16         (d)  Subject to s. 39.522(1), when In determining

17  whether the best interest of the child will be served by

18  transferring the custody of the minor child to the prospective

19  adoptive parent selected by the birth parent, the court shall

20  give consideration to the rights of the birth parent to

21  determine an appropriate placement for the child, the

22  permanency offered, the child's bonding with any potential

23  adoptive home that the child has been residing in, and the

24  importance of maintaining sibling relationships, if possible.

25         Section 3.  Subsection (18) is added to section 120.80,

26  Florida Statutes, to read:

27         120.80  Exceptions and special requirements;

28  agencies.--

29         (18)  AGENCY FOR PERSONS WITH

30  DISABILITIES.--Notwithstanding s. 120.80(7), hearings shall be

31  conducted by an administrative law judge assigned by the

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    Florida Senate - 2006                                  SB 1732
    34-1132A-06




 1  division in cases involving children with developmental

 2  disabilities who are in the custody of the department and

 3  placed in out-of-home care who apply for, are denied, or

 4  receive reduced developmental disability services under

 5  chapter 393.

 6         Section 4.  This act shall take effect July 1, 2006.

 7  

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 9                          SENATE SUMMARY

10    Provides that a rebuttable presumption arises to continue
      placement with the custodian in an out-of-home placement
11    custodian as in the best interest of the child if the
      child has resided in the same out-of-home placement for
12    more than 1 year and the custodian is eligible to be the
      permanent custodian. Provides that the presumption is not
13    rebutted solely by the expressed wishes of the parent or
      by placing the child with a person who is biologically
14    related to the child but who is not living with a parent.
      Requires that an administrative hearing within the
15    Department of Children and Family Services be conducted
      by an administrative law judge assigned by the Division
16    of Administrative Hearings in cases involving children
      with developmental disabilities who are in the custody of
17    the department and placed in out-of-home care who apply
      for, are denied, or receive reduced developmental
18    disability services.

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