HB 7123

1	A bill to be entitled
2	An act relating to child protective services; amending s.
3	39.01, F.S.; revising definitions relating to child
4	protective services; amending s. 39.0121, F.S.; providing
5	rulemaking authority to the Department of Children and
6	Family Services to provide certain information in a
7	child's case plan to physical custodians and family
8	services counselors under certain circumstances; amending
9	s. 39.013, F.S.; removing provisions relating to
10	continuances; creating s. 39.0136, F.S.; providing for
11	time limitations and circumstances under which a
12	continuance may be granted in child protective cases;
13	providing exceptions; creating s. 39.0137, F.S.; providing
14	that state laws do not supersede certain federal laws;
15	requiring the Department of Children and Family Services
16	to adopt rules; creating s. 39.0138, F.S.; authorizing the
17	department to conduct criminal records checks of persons
18	being considered as prospective foster parents; providing
19	that a court may review the granting or denial of an
20	exemption from disqualification to care for a dependent
21	child; providing that a person seeking placement of a
22	child who is disqualified bears the burden of providing
23	evidence of rehabilitation; amending s. 39.201, F.S.;
24	requiring that any person who knows or suspects that a
25	child is in need of supervision and care and has no
26	parent, legal custodian, or responsible adult relative
27	immediately known and available to provide supervision and
28	care must report this information to the central abuse
29	hotline of the Department of Children and Family Services;
30	amending s. 39.301, F.S.; redefining the term "criminal
31	conduct" to include a child who is known or suspected to
32	be a victim of human trafficking; requiring each child
33	protective investigator to inform the person who is the
34	subject of a child protective investigation that he or she
35	has a duty to report any change in the residence or
36	location of the child to the investigator and that the
37	duty to report continues until the investigation is
38	closed; providing that the department may rely upon a
39	previous report to indicate that child abuse has occurred;
40	providing that if the child has moved to a different
41	residence or location, a report may be filed with a law
42	enforcement agency under certain circumstances; amending
43	39.303, F.S.; conforming provisions to changes made by the
44	act; amending s. 39.402, F.S.; requiring that a shelter
45	hearing order contain specified information relating to
46	the availability of services to prevent removal from the
47	home; requiring notification of certain parties regarding
48	case plan or family team conferences or mediation;
49	providing a timeframe for the conference or mediation;
50	requiring a parent to provide certain information
51	regarding relatives with whom a child may be placed under
52	certain circumstances; providing circumstances under which
53	parental rights may be terminated and the child's out-of-
54	home placement may become permanent; amending s. 39.507,
55	F.S.; requiring the court to inquire of the parents
56	whether the parents have relatives who might be considered
57	as a placement for the child; directing the court to
58	advise the parents that, if the child is not returned to
59	their custody within 12 months, their parental rights may
60	be terminated and the child's out-of-home placement may
61	become permanent; amending s. 39.5085, F.S.; conforming
62	provisions to changes made by the act; correcting cross-
63	references; amending s. 39.521, F.S.; revising the content
64	of an order of disposition issued by the court; amending
65	s. 39.522, F.S.; requiring the court to consider the
66	continuity of the child's placement in the same out-of-
67	home residence as a factor when determining the best
68	interest of the child in a postdisposition proceeding to
69	modify custody; creating s. 39.6011, F.S.; providing
70	procedures for drafting and implementing a case plan;
71	requiring certain face-to-face meetings; specifying
72	contents of a case plan; requiring the department to
73	prepare a case plan for each child receiving services from
74	the department; requiring all parties, except the child
75	under certain circumstances, to sign the case plan;
76	requiring the case plan to provide certain documentation
77	when the permanency goal for the child is adoption;
78	requiring the department to follow certain procedures;
79	requiring the case plan to be filed with the court and
80	copies to be provided to all parties; requiring certain
81	information to follow a child until permanency is
82	achieved; creating s. 39.6012, F.S.; providing for case
83	plan tasks and services; requiring a parent to complete
84	certain tasks in order to receive certain services;
85	providing for the content of case plans; creating s.
86	39.6013, F.S.; providing for amendments to a case plan;
87	describing the circumstances under which a case plan may
88	be modified; requiring certain information to be included
89	in amendments to a case plan; requiring copies to be
90	distributed to specified parties; amending s. 39.603,
91	F.S.; requiring that case plans and amendments be approved
92	by the court and that copies of the amended plan be
93	provided to certain parties; amending s. 39.621, F.S.;
94	providing a legislative finding; requiring a permanency
95	hearing to be held within a specified timeframe;
96	specifying permanency goals; providing prehearing
97	procedures; directing the court to make certain findings
98	at the permanency hearing; requiring certain factors to be
99	considered by the court in determining the permanency goal
100	for the child; permitting parents to make a motion for
101	reunification or increased contact under certain
102	circumstances; creating s. 39.6221, F.S.; providing for
103	the permanent guardianship for a dependent child;
104	authorizing the court to consider a permanent guardian as
105	a long-term option for a dependent child; requiring a
106	written order; providing for the contents of the permanent
107	guardianship order; exempting the permanent guardianship
108	of a child from the requirements of ch. 744, F.S., under
109	certain circumstances; providing for the court to retain
110	jurisdiction; providing that placement in permanent
111	guardianship does not terminate the relationship between
112	the parent and the child; creating s. 39.6231, F.S.;
113	providing circumstances for placement of a child with a
114	fit and willing relative; requiring the court to specify
115	the reasons to place a child with a relative; requiring
116	the court to establish the relative's authority to care
117	for the child; providing for the department to supervise
118	the placement for a specified time period; requiring the
119	court to continue to conduct permanency hearings; creating
120	s. 39.6241, F.S.; authorizing the court to place a child
121	in another planned permanent living arrangement under
122	certain circumstances; requiring the department and
123	guardian ad litem to provide the court with certain
124	information regarding the needs of the child; amending s.
125	39.701, F.S.; requiring that a child's current health,
126	mental health, and education records be included in the
127	documentation for the judicial review report; authorizing
128	the court and citizen review panel to make certain
129	determinations; providing for amendments to a case plan;
130	removing a provision relating to the extension of a time
131	limitation or the modification of terms of a case plan;
132	requiring the court to conduct a judicial review 6 months
133	after the child is placed in shelter care; amending s.
134	39.703, F.S.; providing when the department may file a
135	petition for termination of parental rights; providing
136	circumstances under which the department may choose not to
137	file a petition; providing for court review of a
138	determination by the department not to file a petition;
139	amending s. 39.806, F.S.; authorizing a material breach of
140	the case plan as a ground to terminate parental rights;
141	requiring that the department show, and the court find,
142	the material breach by clear and convincing evidence;
143	amending s. 39.810, F.S.; providing certain factors for
144	the court to consider for the best interest of the child;
145	amending ss. 39.811 and 409.165, F.S.; conforming
146	provisions to changes made by the act; amending ss.
147	39.0015, 39.205, 39.302, 39.828, 63.092, and 419.001,
148	F.S.; correcting cross-references; reenacting s.
149	39.802(5), F.S., relating to the filing of a petition to
150	terminate parental rights, to incorporate the amendments
151	made to s. 39.806, F.S., in a reference thereto; repealing
152	ss. 39.601, 39.622, 39.623, 39.624, and 435.045, F.S.,
153	relating to case plan requirements, long-term custody of a
154	dependent child, long-term licensed custody of a dependent
155	child, independent living, and background screening of
156	certain persons before a dependent child is placed in
157	their home; providing an effective date.
158
159	Be It Enacted by the Legislature of the State of Florida:
160
161	Section 1.  Section 39.01, Florida Statutes, is amended to
162	read:
163	39.01  Definitions.--When used in this chapter, unless the
164	context otherwise requires:
165	(1)  "Abandoned" means a situation in which the parent or
166	legal custodian of a child or, in the absence of a parent or
167	legal custodian, the caregiver responsible for the child's
168	welfare, while being able, makes no provision for the child's
169	support and makes no effort to communicate with the child, which
170	situation is sufficient to evince a willful rejection of
171	parental obligations. If the efforts of the such parent or legal
172	custodian, or caregiver primarily responsible for the child's
173	welfare, to support and communicate with the child are, in the
174	opinion of the court, only marginal efforts that do not evince a
175	settled purpose to assume all parental duties, the court may
176	declare the child to be abandoned. The term "abandoned" does not
177	include an abandoned newborn infant as described in s. 383.50, a
178	"child in need of services" as defined in chapter 984, or a
179	"family in need of services" as defined in chapter 984. The
180	incarceration of a parent, legal custodian, or caregiver
181	responsible for a child's welfare may support a finding of
182	abandonment.
183	(2)  "Abuse" means any willful act or threatened act that
184	results in any physical, mental, or sexual injury or harm that
185	causes or is likely to cause the child's physical, mental, or
186	emotional health to be significantly impaired. Abuse of a child
187	includes acts or omissions. Corporal discipline of a child by a
188	parent or legal custodian for disciplinary purposes does not in
189	itself constitute abuse when it does not result in harm to the
190	child.
191	(3)  "Addictions receiving facility" means a substance
192	abuse service provider as defined in chapter 397.
193	(4)  "Adjudicatory hearing" means a hearing for the court
194	to determine whether or not the facts support the allegations
195	stated in the petition in dependency cases or in termination of
196	parental rights cases.
197	(5)  "Adult" means any natural person other than a child.
198	(6)  "Adoption" means the act of creating the legal
199	relationship between parent and child where it did not exist,
200	thereby declaring the child to be legally the child of the
201	adoptive parents and their heir at law, and entitled to all the
202	rights and privileges and subject to all the obligations of a
203	child born to the such adoptive parents in lawful wedlock.
204	(7)  "Alleged juvenile sexual offender" means:
205	(a)  A child 12 years of age or younger who is alleged to
206	have committed a violation of chapter 794, chapter 796, chapter
207	800, s. 827.071, or s. 847.0133; or
208	(b)  A child who is alleged to have committed any violation
209	of law or delinquent act involving juvenile sexual abuse.
210	"Juvenile sexual abuse" means any sexual behavior which occurs
211	without consent, without equality, or as a result of coercion.
212	For purposes of this paragraph, the following definitions apply:
213	1.  "Coercion" means the exploitation of authority or the
214	use of bribes, threats of force, or intimidation to gain
215	cooperation or compliance.
216	2.  "Equality" means two participants operating with the
217	same level of power in a relationship, neither being controlled
218	nor coerced by the other.
219	3.  "Consent" means an agreement, including all of the
220	following:
221	a.  Understanding what is proposed based on age, maturity,
222	developmental level, functioning, and experience.
223	b.  Knowledge of societal standards for what is being
224	proposed.
225	c.  Awareness of potential consequences and alternatives.
226	d.  Assumption that agreement or disagreement will be
227	accepted equally.
228	e.  Voluntary decision.
229	f.  Mental competence.
230
231	Juvenile sexual offender behavior ranges from noncontact sexual
232	behavior such as making obscene phone calls, exhibitionism,
233	voyeurism, and the showing or taking of lewd photographs to
234	varying degrees of direct sexual contact, such as frottage,
235	fondling, digital penetration, rape, fellatio, sodomy, and
236	various other sexually aggressive acts.
237	(8)  "Arbitration" means a process whereby a neutral third
238	person or panel, called an arbitrator or an arbitration panel,
239	considers the facts and arguments presented by the parties and
240	renders a decision which may be binding or nonbinding.
241	(9)  "Authorized agent" or "designee" of the department
242	means an employee, volunteer, or other person or agency
243	determined by the state to be eligible for state-funded risk
244	management coverage, which that is assigned or designated by the
245	department to perform duties or exercise powers under pursuant
246	to this chapter.
247	(10)  "Caregiver" means the parent, legal custodian,
248	permanent guardian, adult household member, or other person
249	responsible for a child's welfare as defined in subsection (46)
250	(47).
251	(11)  "Case plan" or "plan" means a document, as described
252	in s. 39.6011 s. 39.601, prepared by the department with input
253	from all parties. The case plan follows the child from the
254	provision of voluntary services through any dependency, foster
255	care, or termination of parental rights proceeding or related
256	activity or process.
257	(12)  "Child" or "youth" means any unmarried person under
258	the age of 18 years who has not been emancipated by order of the
259	court.
260	(13)  "Child protection team" means a team of professionals
261	established by the Department of Health to receive referrals
262	from the protective investigators and protective supervision
263	staff of the department and to provide specialized and
264	supportive services to the program in processing child abuse,
265	abandonment, or neglect cases. A child protection team shall
266	provide consultation to other programs of the department and
267	other persons regarding child abuse, abandonment, or neglect
268	cases.
269	(14)  "Child who is found to be dependent" means a child
270	who, pursuant to this chapter, is found by the court:
271	(a)  To have been abandoned, abused, or neglected by the
272	child's parent or parents or legal custodians;
273	(b)  To have been surrendered to the department, the former
274	Department of Health and Rehabilitative Services, or a licensed
275	child-placing agency for purpose of adoption;
276	(c)  To have been voluntarily placed with a licensed child-
277	caring agency, a licensed child-placing agency, an adult
278	relative, the department, or the former Department of Health and
279	Rehabilitative Services, after which placement, under the
280	requirements of this chapter, a case plan has expired and the
281	parent or parents or legal custodians have failed to
282	substantially comply with the requirements of the plan;
283	(d)  To have been voluntarily placed with a licensed child-
284	placing agency for the purposes of subsequent adoption, and a
285	parent or parents have signed a consent pursuant to the Florida
286	Rules of Juvenile Procedure;
287	(e)  To have no parent or legal custodians capable of
288	providing supervision and care; or
289	(f)  To be at substantial risk of imminent abuse,
290	abandonment, or neglect by the parent or parents or legal
291	custodians.
292	(15)  "Child support" means a court-ordered obligation,
293	enforced under chapter 61 and ss. 409.2551-409.2597, for
294	monetary support for the care, maintenance, training, and
295	education of a child.
296	(16)  "Circuit" means any of the 20 judicial circuits as
297	set forth in s. 26.021.
298	(17)  "Comprehensive assessment" or "assessment" means the
299	gathering of information for the evaluation of a child's and
300	caregiver's physical, psychiatric, psychological or mental
301	health, educational, vocational, and social condition and family
302	environment as they relate to the child's and caregiver's need
303	for rehabilitative and treatment services, including substance
304	abuse treatment services, mental health services, developmental
305	services, literacy services, medical services, family services,
306	and other specialized services, as appropriate.
307	(18)  "Concurrent planning" means establishing a permanency
308	goal in a case plan that uses reasonable efforts to reunify the
309	child with the parent, while at the same time establishing
310	another goal that must be one of the following options:
311	(a)  Adoption when a petition for termination of parental
312	rights has been filed or will be filed;
313	(b)  Permanent guardianship of a dependent child under s.
314	39.6221;
315	(c)  Permanent placement with a fit and willing relative
316	under s. 39.6231; or
317	(d)  Placement in another planned permanent living
318	arrangement under s. 39.6241.
319	(19)(18)  "Court," unless otherwise expressly stated, means
320	the circuit court assigned to exercise jurisdiction under this
321	chapter.
322	(20)(19)  "Department" means the Department of Children and
323	Family Services.
324	(21)(20)  "Diligent efforts by a parent" means a course of
325	conduct which results in a reduction in risk to the child in the
326	child's home that would allow the child to be safely placed
327	permanently back in the home as set forth in the case plan.
328	(22)(21)  "Diligent efforts of social service agency" means
329	reasonable efforts to provide social services or reunification
330	services made by any social service agency that is a party to a
331	case plan.
332	(23)(22)  "Diligent search" means the efforts of a social
333	service agency to locate a parent or prospective parent whose
334	identity or location is unknown, initiated as soon as the social
335	service agency is made aware of the existence of such parent,
336	with the search progress reported at each court hearing until
337	the parent is either identified and located or the court excuses
338	further search.
339	(24)(23)  "Disposition hearing" means a hearing in which
340	the court determines the most appropriate protections, services,
341	and placement for the child in dependency cases.
342	(25)(24)  "District" means any one of the 15 service
343	districts of the department established pursuant to s. 20.19.
344	(26)(25)  "District administrator" means the chief
345	operating officer of each service district of the department as
346	defined in s. 20.19(5) and, where appropriate, includes any
347	district administrator whose service district falls within the
348	boundaries of a judicial circuit.
349	(27)(26)  "Expedited termination of parental rights" means
350	proceedings wherein a case plan with the goal of reunification
351	is not being offered.
352	(28)(27)  "False report" means a report of abuse, neglect,
353	or abandonment of a child to the central abuse hotline, which
354	report is maliciously made for the purpose of:
355	(a)  Harassing, embarrassing, or harming another person;
356	(b)  Personal financial gain for the reporting person;
357	(c)  Acquiring custody of a child; or
358	(d)  Personal benefit for the reporting person in any other
359	private dispute involving a child.
360
361	The term "false report" does not include a report of abuse,
362	neglect, or abandonment of a child made in good faith to the
363	central abuse hotline.
364	(29)(28)  "Family" means a collective body of persons,
365	consisting of a child and a parent, legal custodian, or adult
366	relative, in which:
367	(a)  The persons reside in the same house or living unit;
368	or
369	(b)  The parent, legal custodian, or adult relative has a
370	legal responsibility by blood, marriage, or court order to
371	support or care for the child.
372	(30)  "Family team conference" means a process for family-
373	focused intervention facilitated by professional staff which is
374	designed to develop a plan for the care, safety, and well-being
375	of a child and the child's family.
376	(31)(29)  "Foster care" means care provided a child in a
377	foster family or boarding home, group home, agency boarding
378	home, child care institution, or any combination thereof.
379	(32)(30)  "Harm" to a child's health or welfare can occur
380	when any person:
381	(a)  Inflicts or allows to be inflicted upon the child
382	physical, mental, or emotional injury. In determining whether
383	harm has occurred, the following factors must be considered in
384	evaluating any physical, mental, or emotional injury to a child:
385	the age of the child; any prior history of injuries to the
386	child; the location of the injury on the body of the child; the
387	multiplicity of the injury; and the type of trauma inflicted.
388	Such injury includes, but is not limited to:
389	1.  Willful acts that produce the following specific
390	injuries:
391	a.  Sprains, dislocations, or cartilage damage.
392	b.  Bone or skull fractures.
393	c.  Brain or spinal cord damage.
394	d.  Intracranial hemorrhage or injury to other internal
395	organs.
396	e.  Asphyxiation, suffocation, or drowning.
397	f.  Injury resulting from the use of a deadly weapon.
398	g.  Burns or scalding.
399	h.  Cuts, lacerations, punctures, or bites.
400	i.  Permanent or temporary disfigurement.
401	j.  Permanent or temporary loss or impairment of a body
402	part or function.
403
404	As used in this subparagraph, the term "willful" refers to the
405	intent to perform an action, not to the intent to achieve a
406	result or to cause an injury.
407	2.  Purposely giving a child poison, alcohol, drugs, or
408	other substances that substantially affect the child's behavior,
409	motor coordination, or judgment or that result in sickness or
410	internal injury. For the purposes of this subparagraph, the term
411	"drugs" means prescription drugs not prescribed for the child or
412	not administered as prescribed, and controlled substances as
413	outlined in Schedule I or Schedule II of s. 893.03.
414	3.  Leaving a child without adult supervision or
415	arrangement appropriate for the child's age or mental or
416	physical condition, so that the child is unable to care for the
417	child's own needs or another's basic needs or is unable to
418	exercise good judgment in responding to any kind of physical or
419	emotional crisis.
420	4.  Inappropriate or excessively harsh disciplinary action
421	that is likely to result in physical injury, mental injury as
422	defined in this section, or emotional injury. The significance
423	of any injury must be evaluated in light of the following
424	factors: the age of the child; any prior history of injuries to
425	the child; the location of the injury on the body of the child;
426	the multiplicity of the injury; and the type of trauma
427	inflicted. Corporal discipline may be considered excessive or
428	abusive when it results in any of the following or other similar
429	injuries:
430	a.  Sprains, dislocations, or cartilage damage.
431	b.  Bone or skull fractures.
432	c.  Brain or spinal cord damage.
433	d.  Intracranial hemorrhage or injury to other internal
434	organs.
435	e.  Asphyxiation, suffocation, or drowning.
436	f.  Injury resulting from the use of a deadly weapon.
437	g.  Burns or scalding.
438	h.  Cuts, lacerations, punctures, or bites.
439	i.  Permanent or temporary disfigurement.
440	j.  Permanent or temporary loss or impairment of a body
441	part or function.
442	k.  Significant bruises or welts.
443	(b)  Commits, or allows to be committed, sexual battery, as
444	defined in chapter 794, or lewd or lascivious acts, as defined
445	in chapter 800, against the child.
446	(c)  Allows, encourages, or forces the sexual exploitation
447	of a child, which includes allowing, encouraging, or forcing a
448	child to:
449	1.  Solicit for or engage in prostitution; or
450	2.  Engage in a sexual performance, as defined by chapter
451	827.
452	(d)  Exploits a child, or allows a child to be exploited,
453	as provided in s. 450.151.
454	(e)  Abandons the child. Within the context of the
455	definition of "harm," the term "abandons the child" means that
456	the parent or legal custodian of a child or, in the absence of a
457	parent or legal custodian, the person responsible for the
458	child's welfare, while being able, makes no provision for the
459	child's support and makes no effort to communicate with the
460	child, which situation is sufficient to evince a willful
461	rejection of parental obligation. If the efforts of the such a
462	parent or legal custodian or person primarily responsible for
463	the child's welfare to support and communicate with the child
464	are only marginal efforts that do not evince a settled purpose
465	to assume all parental duties, the child may be determined to
466	have been abandoned. The term "abandoned" does not include an
467	abandoned newborn infant as described in s. 383.50.
468	(f)  Neglects the child. Within the context of the
469	definition of "harm," the term "neglects the child" means that
470	the parent or other person responsible for the child's welfare
471	fails to supply the child with adequate food, clothing, shelter,
472	or health care, although financially able to do so or although
473	offered financial or other means to do so. However, a parent or
474	legal custodian who, by reason of the legitimate practice of
475	religious beliefs, does not provide specified medical treatment
476	for a child may not be considered abusive or neglectful for that
477	reason alone, but such an exception does not:
478	1.  Eliminate the requirement that such a case be reported
479	to the department;
480	2.  Prevent the department from investigating such a case;
481	or
482	3.  Preclude a court from ordering, when the health of the
483	child requires it, the provision of medical services by a
484	physician, as defined in this section, or treatment by a duly
485	accredited practitioner who relies solely on spiritual means for
486	healing in accordance with the tenets and practices of a well-
487	recognized church or religious organization.
488	(g)  Exposes a child to a controlled substance or alcohol.
489	Exposure to a controlled substance or alcohol is established by:
490	1.  Use by the mother of a controlled substance or alcohol
491	during pregnancy when the child, at birth, is demonstrably
492	adversely affected by such usage; or
493	2.  Continued chronic and severe use of a controlled
494	substance or alcohol by a parent when the child is demonstrably
495	adversely affected by such usage.
496
497	As used in this paragraph, the term "controlled substance" means
498	prescription drugs not prescribed for the parent or not
499	administered as prescribed and controlled substances as outlined
500	in Schedule I or Schedule II of s. 893.03.
501	(h)  Uses mechanical devices, unreasonable restraints, or
502	extended periods of isolation to control a child.
503	(i)  Engages in violent behavior that demonstrates a wanton
504	disregard for the presence of a child and could reasonably
505	result in serious injury to the child.
506	(j)  Negligently fails to protect a child in his or her
507	care from inflicted physical, mental, or sexual injury caused by
508	the acts of another.
509	(k)  Has allowed a child's sibling to die as a result of
510	abuse, abandonment, or neglect.
511	(l)  Makes the child unavailable for the purpose of
512	impeding or avoiding a protective investigation unless the court
513	determines that the parent, legal custodian, or caregiver was
514	fleeing from a situation involving domestic violence.
515	(33)(31)  "Institutional child abuse or neglect" means
516	situations of known or suspected child abuse or neglect in which
517	the person allegedly perpetrating the child abuse or neglect is
518	an employee of a private school, public or private day care
519	center, residential home, institution, facility, or agency or
520	any other person at such institution responsible for the child's
521	care.
522	(34)(32)  "Judge" means the circuit judge exercising
523	jurisdiction pursuant to this chapter.
524	(35)(33)  "Legal custody" means a legal status created by a
525	court order or letter of guardianship which vests in a custodian
526	of the person or guardian, whether an agency or an individual,
527	the right to have physical custody of the child and the right
528	and duty to protect, nurture, guide train, and discipline the
529	child and to provide him or her with food, shelter, education,
530	and ordinary medical, dental, psychiatric, and psychological
531	care. The legal custodian is the person or entity in whom the
532	legal right to custody is vested. For purposes of this chapter
533	only, when the phrase "parent or legal custodian" is used, it
534	refers to rights or responsibilities of the parent and, only if
535	there is no living parent with intact parental rights, to the
536	rights or responsibilities of the legal custodian who has
537	assumed the role of the parent.
538	(34)  "Legal guardianship" means a judicially created
539	relationship between the child and caregiver which is intended
540	to be permanent and self-sustaining and is provided pursuant to
541	the procedures in chapter 744.
542	(36)(35)  "Licensed child-caring agency" means a person,
543	society, association, or agency licensed by the department to
544	care for, receive, and board children.
545	(37)(36)  "Licensed child-placing agency" means a person,
546	society, association, or institution licensed by the department
547	to care for, receive, or board children and to place children in
548	a licensed child-caring institution or a foster or adoptive
549	home.
550	(38)(37)  "Licensed health care professional" means a
551	physician licensed under chapter 458, an osteopathic physician
552	licensed under chapter 459, a nurse licensed under part I of
553	chapter 464, a physician assistant licensed under chapter 458 or
554	chapter 459, or a dentist licensed under chapter 466.
555	(39)(38)  "Likely to injure oneself" means that, as
556	evidenced by violent or other actively self-destructive
557	behavior, it is more likely than not that within a 24-hour
558	period the child will attempt to commit suicide or inflict
559	serious bodily harm on himself or herself.
560	(40)(39)  "Likely to injure others" means that it is more
561	likely than not that within a 24-hour period the child will
562	inflict serious and unjustified bodily harm on another person.
563	(40)  "Long-term relative custodian" means an adult
564	relative who is a party to a long-term custodial relationship
565	created by a court order pursuant to this chapter.
566	(41)  "Long-term custody" or "long-term custodial
567	relationship" means the relationship that a juvenile court order
568	creates between a child and an adult relative of the child or
569	other legal custodian approved by the court when the child
570	cannot be placed in the custody of a parent and adoption is not
571	deemed to be in the best interest of the child. Long-term
572	custody confers upon the relative or other legal custodian,
573	other than the department, the right to physical custody of the
574	child, a right which will not be disturbed by the court except
575	upon request of the legal custodian or upon a showing that the
576	best interest of the child necessitates a change of custody for
577	the child. A relative or other legal custodian who has been
578	designated as a long-term custodian shall have all of the rights
579	and duties of a parent, including, but not limited to, the right
580	and duty to protect, train, and discipline the child and to
581	provide the child with food, shelter, and education, and
582	ordinary medical, dental, psychiatric, and psychological care,
583	unless these rights and duties are otherwise enlarged or limited
584	by the court order establishing the long-term custodial
585	relationship.
586	(41)(42)  "Mediation" means a process whereby a neutral
587	third person called a mediator acts to encourage and facilitate
588	the resolution of a dispute between two or more parties. It is
589	an informal and nonadversarial process with the objective of
590	helping the disputing parties reach a mutually acceptable and
591	voluntary agreement. The role of the mediator includes, but is
592	not limited to, assisting the parties in identifying issues,
593	fostering joint problem solving, and exploring settlement
594	alternatives.
595	(42)(43)  "Mental injury" means an injury to the
596	intellectual or psychological capacity of a child as evidenced
597	by a discernible and substantial impairment in the ability to
598	function within the normal range of performance and behavior.
599	(43)(44)  "Necessary medical treatment" means care which is
600	necessary within a reasonable degree of medical certainty to
601	prevent the deterioration of a child's condition or to alleviate
602	immediate pain of a child.
603	(44)(45)  "Neglect" occurs when a child is deprived of, or
604	is allowed to be deprived of, necessary food, clothing, shelter,
605	or medical treatment or a child is permitted to live in an
606	environment when such deprivation or environment causes the
607	child's physical, mental, or emotional health to be
608	significantly impaired or to be in danger of being significantly
609	impaired. The foregoing circumstances shall not be considered
610	neglect if caused primarily by financial inability unless actual
611	services for relief have been offered to and rejected by such
612	person. A parent or legal custodian legitimately practicing
613	religious beliefs in accordance with a recognized church or
614	religious organization who thereby does not provide specific
615	medical treatment for a child may shall not, for that reason
616	alone, be considered a negligent parent or legal custodian;
617	however, such an exception does not preclude a court from
618	ordering the following services to be provided, when the health
619	of the child so requires:
620	(a)  Medical services from a licensed physician, dentist,
621	optometrist, podiatric physician, or other qualified health care
622	provider; or
623	(b)  Treatment by a duly accredited practitioner who relies
624	solely on spiritual means for healing in accordance with the
625	tenets and practices of a well-recognized church or religious
626	organization.
627
628	Neglect of a child includes acts or omissions.
629	(45)(46)  "Next of kin" means an adult relative of a child
630	who is the child's brother, sister, grandparent, aunt, uncle, or
631	first cousin.
632	(46)(47)  "Other person responsible for a child's welfare"
633	includes the child's legal guardian, legal custodian, or foster
634	parent; an employee of a private school, public or private child
635	day care center, residential home, institution, facility, or
636	agency; or any other person legally responsible for the child's
637	welfare in a residential setting; and also includes an adult
638	sitter or relative entrusted with a child's care. For the
639	purpose of departmental investigative jurisdiction, this
640	definition does not include law enforcement officers, or
641	employees of municipal or county detention facilities or the
642	Department of Corrections, while acting in an official capacity.
643	(47)(48)  "Out-of-home" means a placement outside of the
644	home of the parents or a parent.
645	(48)(49)  "Parent" means a woman who gives birth to a child
646	and a man who was married to the mother at the time the child
647	was conceived or born, who has been determined by a court to be
648	the father of the child, who has filed an affidavit of paternity
649	under s. 382.013(2), or who has claimed to be the father of the
650	child and has provided, or has attempted to provide, the child,
651	or the mother during her pregnancy, with support in a
652	repetitive, customary manner whose consent to the adoption of
653	the child would be required under s. 63.062(1). If a child has
654	been legally adopted, the term "parent" means the adoptive
655	mother or father of the child. The term does not include an
656	individual whose parental relationship to the child has been
657	legally terminated, or an alleged or prospective parent, unless
658	the parental status falls within the terms of s. 39.503(1) or
659	this subsection s. 63.062(1). For purposes of this chapter only,
660	when the phrase "parent or legal custodian" is used, it refers
661	to rights or responsibilities of the parent and, only if there
662	is no living parent with intact parental rights, to the rights
663	or responsibilities of the legal custodian who has assumed the
664	role of the parent.
665	(49)(50)  "Participant," for purposes of a shelter
666	proceeding, dependency proceeding, or termination of parental
667	rights proceeding, means any person who is not a party but who
668	should receive notice of hearings involving the child, including
669	the actual custodian of the child, the foster parents or the
670	legal custodian of the child, identified prospective parents,
671	grandparents entitled to priority for adoption consideration
672	under s. 63.0425, actual custodians of the child, and any other
673	person whose participation may be in the best interest of the
674	child. A community-based agency under contract with the
675	department to provide protective services may be designated as a
676	participant at the discretion of the court. Participants may be
677	granted leave by the court to be heard without the necessity of
678	filing a motion to intervene.
679	(50)(51)  "Party" means the parent or parents of the child,
680	the petitioner, the department, the guardian ad litem or the
681	representative of the guardian ad litem program when the program
682	has been appointed, and the child. The presence of the child may
683	be excused by order of the court when presence would not be in
684	the child's best interest. Notice to the child may be excused by
685	order of the court when the age, capacity, or other condition of
686	the child is such that the notice would be meaningless or
687	detrimental to the child.
688	(51)  "Permanency goal" means the living arrangement
689	identified for the child to return to or identified as the
690	permanent living arrangement of the child. Permanency goals
691	applicable under this chapter are:
692	(a)  Reunification;
693	(b)  Adoption when a petition for termination of parental
694	rights has been or will be filed;
695	(c)  Permanent guardianship of a dependent child under s.
696	39.6221;
697	(d)  Permanent placement with a fit and willing relative
698	under s. 39.6231; or
699	(e)  Placement in another planned permanent living
700	arrangement under s. 39.6241.
701
702	The permanency goal is also the case plan goal. If concurrent
703	case planning is being used, reunification may be pursued at the
704	same time that another permanency goal is pursued.
705	(52)  "Permanency plan" means the plan that establishes the
706	placement intended to serve as the child's permanent home.
707	(53)  "Permanent guardian" means the relative or other
708	adult in a permanent guardianship of a dependent child under s.
709	39.6221.
710	(54)  "Permanent guardianship of a dependent child" means a
711	legal relationship that a court creates under s. 39.6221 between
712	a child and a relative or other adult approved by the court
713	which is intended to be permanent and self-sustaining through
714	the transfer of parental rights with respect to the child
715	relating to protection, education, care, and control of the
716	child, custody of the child, and decisionmaking on behalf of the
717	child.
718	(55)(52)  "Physical injury" means death, permanent or
719	temporary disfigurement, or impairment of any bodily part.
720	(56)(53)  "Physician" means any licensed physician,
721	dentist, podiatric physician, or optometrist and includes any
722	intern or resident.
723	(57)(54)  "Preliminary screening" means the gathering of
724	preliminary information to be used in determining a child's need
725	for further evaluation or assessment or for referral for other
726	substance abuse services through means such as psychosocial
727	interviews; urine and breathalyzer screenings; and reviews of
728	available educational, delinquency, and dependency records of
729	the child.
730	(58)(55)  "Preventive services" means social services and
731	other supportive and rehabilitative services provided to the
732	parent or legal custodian of the child and to the child for the
733	purpose of averting the removal of the child from the home or
734	disruption of a family which will or could result in the
735	placement of a child in foster care. Social services and other
736	supportive and rehabilitative services shall promote the child's
737	need for physical, mental, and emotional health and a safe,
738	stable, living environment, shall promote family autonomy, and
739	shall strengthen family life, whenever possible.
740	(59)(56)  "Prospective parent" means a person who claims to
741	be, or has been identified as, a person who may be a mother or a
742	father of a child.
743	(60)(57)  "Protective investigation" means the acceptance
744	of a report alleging child abuse, abandonment, or neglect, as
745	defined in this chapter, by the central abuse hotline or the
746	acceptance of a report of other dependency by the department;
747	the investigation of each report; the determination of whether
748	action by the court is warranted; the determination of the
749	disposition of each report without court or public agency action
750	when appropriate; and the referral of a child to another public
751	or private agency when appropriate.
752	(61)(58)  "Protective investigator" means an authorized
753	agent of the department who receives and investigates reports of
754	child abuse, abandonment, or neglect; who, as a result of the
755	investigation, may recommend that a dependency petition be filed
756	for the child; and who performs other duties necessary to carry
757	out the required actions of the protective investigation
758	function.
759	(62)(59)  "Protective supervision" means a legal status in
760	dependency cases which permits the child to remain safely in his
761	or her own home or other nonlicensed placement under the
762	supervision of an agent of the department and which must be
763	reviewed by the court during the period of supervision.
764	(63)(60)  "Relative" means a grandparent, great-
765	grandparent, sibling, first cousin, aunt, uncle, great-aunt,
766	great-uncle, niece, or nephew, whether related by the whole or
767	half blood, by affinity, or by adoption. The term does not
768	include a stepparent.
769	(64)(61)  "Reunification services" means social services
770	and other supportive and rehabilitative services provided to the
771	parent of the child, to the child, and, where appropriate, to
772	the relative placement, nonrelative placement, or foster parents
773	of the child, for the purpose of enabling a child who has been
774	placed in out-of-home care to safely return to his or her parent
775	at the earliest possible time. The health and safety of the
776	child shall be the paramount goal of social services and other
777	supportive and rehabilitative services. The Such services shall
778	promote the child's need for physical, mental, and emotional
779	health and a safe, stable, living environment, shall promote
780	family autonomy, and shall strengthen family life, whenever
781	possible.
782	(65)(62)  "Secretary" means the Secretary of Children and
783	Family Services.
784	(66)(63)  "Sexual abuse of a child" means one or more of
785	the following acts:
786	(a)  Any penetration, however slight, of the vagina or anal
787	opening of one person by the penis of another person, whether or
788	not there is the emission of semen.
789	(b)  Any sexual contact between the genitals or anal
790	opening of one person and the mouth or tongue of another person.
791	(c)  Any intrusion by one person into the genitals or anal
792	opening of another person, including the use of any object for
793	this purpose, except that this does not include any act intended
794	for a valid medical purpose.
795	(d)  The intentional touching of the genitals or intimate
796	parts, including the breasts, genital area, groin, inner thighs,
797	and buttocks, or the clothing covering them, of either the child
798	or the perpetrator, except that this does not include:
799	1.  Any act which may reasonably be construed to be a
800	normal caregiver responsibility, any interaction with, or
801	affection for a child; or
802	2.  Any act intended for a valid medical purpose.
803	(e)  The intentional masturbation of the perpetrator's
804	genitals in the presence of a child.
805	(f)  The intentional exposure of the perpetrator's genitals
806	in the presence of a child, or any other sexual act
807	intentionally perpetrated in the presence of a child, if such
808	exposure or sexual act is for the purpose of sexual arousal or
809	gratification, aggression, degradation, or other similar
810	purpose.
811	(g)  The sexual exploitation of a child, which includes
812	allowing, encouraging, or forcing a child to:
813	1.  Solicit for or engage in prostitution; or
814	2.  Engage in a sexual performance, as defined by chapter
815	827.
816	(67)(64)  "Shelter" means a placement with a relative or a
817	nonrelative, or in a licensed home or facility, for the
818	temporary care of a child who is alleged to be or who has been
819	found to be dependent, pending court disposition before or after
820	adjudication.
821	(68)(65)  "Shelter hearing" means a hearing in which the
822	court determines whether probable cause exists to keep a child
823	in shelter status pending further investigation of the case.
824	(69)(66)  "Social service agency" means the department, a
825	licensed child-caring agency, or a licensed child-placing
826	agency.
827	(70)(67)  "Substance abuse" means using, without medical
828	reason, any psychoactive or mood-altering drug, including
829	alcohol, in such a manner as to induce impairment resulting in
830	dysfunctional social behavior.
831	(71)(68)  "Substantial compliance" means that the
832	circumstances which caused the creation of the case plan have
833	been significantly remedied to the extent that the well-being
834	and safety of the child will not be endangered upon the child's
835	remaining with or being returned to the child's parent.
836	(72)(69)  "Taken into custody" means the status of a child
837	immediately when temporary physical control over the child is
838	attained by a person authorized by law, pending the child's
839	release or placement.
840	(73)(70)  "Temporary legal custody" means the relationship
841	that a juvenile court creates between a child and an adult
842	relative of the child, legal custodian, agency, or other person
843	approved by the court until a more permanent arrangement is
844	ordered. Temporary legal custody confers upon the custodian the
845	right to have temporary physical custody of the child and the
846	right and duty to protect, nurture, guide train, and discipline
847	the child and to provide the child with food, shelter, and
848	education, and ordinary medical, dental, psychiatric, and
849	psychological care, unless these rights and duties are otherwise
850	enlarged or limited by the court order establishing the
851	temporary legal custody relationship.
852	(74)(71)  "Victim" means any child who has sustained or is
853	threatened with physical, mental, or emotional injury identified
854	in a report involving child abuse, neglect, or abandonment, or
855	child-on-child sexual abuse.
856	(72)  "Long-term licensed custody" means the relationship
857	that a juvenile court order creates between a child and a
858	placement licensed by the state to provide residential care for
859	dependent children, if the licensed placement is willing and
860	able to continue to care for the child until the child reaches
861	the age of majority.
862	Section 2.  Subsection (15) is added to section 39.0121,
863	Florida Statutes, to read:
864	39.0121  Specific rulemaking authority.--Pursuant to the
865	requirements of s. 120.536, the department is specifically
866	authorized to adopt, amend, and repeal administrative rules
867	which implement or interpret law or policy, or describe the
868	procedure and practice requirements necessary to implement this
869	chapter, including, but not limited to, the following:
870	(15)  Provision for making available to all physical
871	custodians and family services counselors the information
872	required by s. 39.6012(2) and for ensuring that this information
873	follows the child until permanency has been achieved.
874	Section 3.  Section 39.013, Florida Statutes, is amended to
875	read:
876	39.013  Procedures and jurisdiction; right to counsel.--
877	(1)  All procedures, including petitions, pleadings,
878	subpoenas, summonses, and hearings, in this chapter shall be
879	conducted according to the Florida Rules of Juvenile Procedure
880	unless otherwise provided by law. Parents must be informed by
881	the court of their right to counsel in dependency proceedings at
882	each stage of the dependency proceedings. Parents who are unable
883	to afford counsel must be appointed counsel.
884	(2)  The circuit court has shall have exclusive original
885	jurisdiction of all proceedings under this chapter, of a child
886	voluntarily placed with a licensed child-caring agency, a
887	licensed child-placing agency, or the department, and of the
888	adoption of children whose parental rights have been terminated
889	under this chapter. Jurisdiction attaches when the initial
890	shelter petition, dependency petition, or termination of
891	parental rights petition is filed or when a child is taken into
892	the custody of the department. The circuit court may assume
893	jurisdiction over any such proceeding regardless of whether the
894	child was in the physical custody of both parents, was in the
895	sole legal or physical custody of only one parent, caregiver, or
896	some other person, or was in the physical or legal custody of no
897	person when the event or condition occurred that brought the
898	child to the attention of the court. When the court obtains
899	jurisdiction of any child who has been found to be dependent,
900	the court shall retain jurisdiction, unless relinquished by its
901	order, until the child reaches 18 years of age. However, if a
902	youth petitions the court at any time before his or her 19th
903	birthday requesting the court's continued jurisdiction, the
904	juvenile court may retain jurisdiction under this chapter for a
905	period not to exceed 1 year following the youth's 18th birthday
906	for the purpose of determining whether appropriate aftercare
907	support, Road-to-Independence Scholarship, transitional support,
908	mental health, and developmental disability services, to the
909	extent otherwise authorized by law, have been provided to the
910	formerly dependent child who was in the legal custody of the
911	department immediately before his or her 18th birthday. If a
912	petition for special immigrant juvenile status and an
913	application for adjustment of status have been filed on behalf
914	of a foster child and the petition and application have not been
915	granted by the time the child reaches 18 years of age, the court
916	may retain jurisdiction over the dependency case solely for the
917	purpose of allowing the continued consideration of the petition
918	and application by federal authorities. Review hearings for the
919	child shall be set solely for the purpose of determining the
920	status of the petition and application. The court's jurisdiction
921	terminates upon the final decision of the federal authorities.
922	Retention of jurisdiction in this instance does not affect the
923	services available to a young adult under s. 409.1451. The court
924	may not retain jurisdiction of the case after the immigrant
925	child's 22nd birthday.
926	(3)  When a child is under the jurisdiction of the circuit
927	court pursuant to the provisions of this chapter, the circuit
928	court assigned to handle dependency matters may exercise the
929	general and equitable jurisdiction over guardianship proceedings
930	under pursuant to the provisions of chapter 744 and proceedings
931	for temporary custody of minor children by extended family under
932	pursuant to the provisions of chapter 751.
933	(4)  Orders entered pursuant to this chapter which affect
934	the placement of, access to, parental time with, adoption of, or
935	parental rights and responsibilities for a minor child shall
936	take precedence over other orders entered in civil actions or
937	proceedings. However, if the court has terminated jurisdiction,
938	the such order may be subsequently modified by a court of
939	competent jurisdiction in any other civil action or proceeding
940	affecting placement of, access to, parental time with, adoption
941	of, or parental rights and responsibilities for the same minor
942	child.
943	(5)  The court shall expedite the resolution of the
944	placement issue in cases involving a child who has been removed
945	from the parent and placed in an out-of-home placement.
946	(6)  The court shall expedite the judicial handling of all
947	cases when the child has been removed from the parent and placed
948	in an out-of-home placement.
949	(7)  Children removed from their homes shall be provided
950	equal treatment with respect to goals, objectives, services, and
951	case plans, without regard to the location of their placement.
952	(8)  For any child who remains in the custody of the
953	department, the court shall, within the month which constitutes
954	the beginning of the 6-month period before the child's 18th
955	birthday, hold a hearing to review the progress of the child
956	while in the custody of the department.
957	(9)(a)  At each stage of the proceedings under this
958	chapter, the court shall advise the parents of the right to
959	counsel. The court shall appoint counsel for indigent parents.
960	The court shall ascertain whether the right to counsel is
961	understood. When right to counsel is waived, the court shall
962	determine whether the waiver is knowing and intelligent. The
963	court shall enter its findings in writing with respect to the
964	appointment or waiver of counsel for indigent parents or the
965	waiver of counsel by nonindigent parents.
966	(b)  Once counsel has entered an appearance or been
967	appointed by the court to represent the parent of the child, the
968	attorney shall continue to represent the parent throughout the
969	proceedings. If the attorney-client relationship is
970	discontinued, the court shall advise the parent of the right to
971	have new counsel retained or appointed for the remainder of the
972	proceedings.
973	(c)1.  A No waiver of counsel may not be accepted if it
974	appears that the parent is unable to make an intelligent and
975	understanding choice because of mental condition, age,
976	education, experience, the nature or complexity of the case, or
977	other factors.
978	2.  A waiver of counsel made in court must be of record.
979	3.  If a waiver of counsel is accepted at any hearing or
980	proceeding, the offer of assistance of counsel must be renewed
981	by the court at each subsequent stage of the proceedings at
982	which the parent appears without counsel.
983	(d)  This subsection does not apply to any parent who has
984	voluntarily executed a written surrender of the child and
985	consents to the entry of a court order terminating parental
986	rights.
987	(10)  The time limitations in this chapter do not include:
988	(a)  Periods of delay resulting from a continuance granted
989	at the request or with the consent of the child's counsel or the
990	child's guardian ad litem, if one has been appointed by the
991	court, or, if the child is of sufficient capacity to express
992	reasonable consent, at the request or with the consent of the
993	child.
994	(b)  Periods of delay resulting from a continuance granted
995	at the request of any party, if the continuance is granted:
996	1.  Because of an unavailability of evidence material to
997	the case when the requesting party has exercised due diligence
998	to obtain such evidence and there are substantial grounds to
999	believe that such evidence will be available within 30 days.
1000	However, if the requesting party is not prepared to proceed
1001	within 30 days, any other party, inclusive of the parent or
1002	legal custodian, may move for issuance of an order to show cause
1003	or the court on its own motion may impose appropriate sanctions,
1004	which may include dismissal of the petition.
1005	2.  To allow the requesting party additional time to
1006	prepare the case and additional time is justified because of an
1007	exceptional circumstance.
1008	(c)  Reasonable periods of delay necessary to accomplish
1009	notice of the hearing to the child's parent or legal custodian;
1010	however, the petitioner shall continue regular efforts to
1011	provide notice to the parents during such periods of delay.
1012	(d)  Reasonable periods of delay resulting from a
1013	continuance granted at the request of the parent or legal
1014	custodian of a subject child.
1015	(e)  Notwithstanding the foregoing, continuances and
1016	extensions of time are limited to the number of days absolutely
1017	necessary to complete a necessary task in order to preserve the
1018	rights of a party or the best interests of a child. Time is of
1019	the essence for the best interests of dependent children in
1020	conducting dependency proceedings in accordance with the time
1021	limitations set forth in this chapter. Time limitations are a
1022	right of the child which may not be waived, extended, or
1023	continued at the request of any party in advance of the
1024	particular circumstances or need arising upon which delay of the
1025	proceedings may be warranted.
1026	(f)  Continuances or extensions of time may not total more
1027	than 60 days for all parties within any 12-month period during
1028	proceedings under this chapter. A continuance or extension of
1029	time beyond the 60 days may be granted only for extraordinary
1030	circumstances necessary to preserve the constitutional rights of
1031	a party or when substantial evidence demonstrates that the
1032	child's best interests will be affirmatively harmed without the
1033	granting of a continuance or extension of time.
1034	(10)(11)  Court-appointed counsel representing indigent
1035	parents at shelter hearings shall be paid from state funds
1036	appropriated by general law.
1037	(11)(12)  The court shall encourage the Statewide Guardian
1038	Ad Litem Office to provide greater representation to those
1039	children who are within 1 year of transferring out of foster
1040	care.
1041	Section 4.  Section 39.0136, Florida Statutes, is created
1042	to read:
1043	39.0136  Time limitations; continuances.--
1044	(1)  The Legislature finds that time is of the essence for
1045	establishing permanency for a child in the dependency system.
1046	Time limitations are a right of the child which may not be
1047	waived, extended, or continued at the request of any party
1048	except as provided in this section.
1049	(2)  The time limitations in this chapter do not include:
1050	(a)  Periods of delay resulting from a continuance granted
1051	at the request of the child's counsel or the child's guardian ad
1052	litem or, if the child is of sufficient capacity to express
1053	reasonable consent, at the request or with the consent of the
1054	child. The court must consider the best interest of the child
1055	when determining periods of delay under this section.
1056	(b)  Periods of delay resulting from a continuance granted
1057	at the request of any party if the continuance is granted:
1058	1.  Because of an unavailability of evidence that is
1059	material to the case if the requesting party has exercised due
1060	diligence to obtain evidence and there are substantial grounds
1061	to believe that the evidence will be available within 30 days.
1062	However, if the requesting party is not prepared to proceed
1063	within 30 days, any other party may move for issuance of an
1064	order to show cause or the court, on its own motion, may impose
1065	appropriate sanctions, which may include dismissal of the
1066	petition.
1067	2.  To allow the requesting party additional time to
1068	prepare the case and additional time is justified because of an
1069	exceptional circumstance.
1070	(c)  Reasonable periods of delay necessary to accomplish
1071	notice of the hearing to the child's parent or legal custodian;
1072	however, the petitioner shall continue regular efforts to
1073	provide notice to the parents during the periods of delay.
1074	(3)  Notwithstanding subsection (2), in order to expedite
1075	permanency for a child, the total time allowed for continuances
1076	or extensions of time may not exceed 60 days within any 12-month
1077	period for proceedings conducted under this chapter. A
1078	continuance or extension of time may be granted only for
1079	extraordinary circumstances in which it is necessary to preserve
1080	the constitutional rights of a party or if substantial evidence
1081	exists to demonstrate that without granting a continuance or
1082	extension of time the child's best interest will be harmed.
1083	(4)  Notwithstanding subsection (2), a continuance or an
1084	extension of time is limited to the number of days absolutely
1085	necessary to complete a necessary task in order to preserve the
1086	rights of a party or the best interest of a child.
1087	Section 5.  Section 39.0137, Florida Statutes, is created
1088	to read:
1089	39.0137  Federal law; rulemaking authority.--
1090	(1)  This chapter does not supersede the requirements of
1091	the Indian Child Welfare Act, 25 U.S.C. ss. 1901 et seq., or the
1092	Multi-Ethnic Placement Act of 1994, Pub. L. No. 103-382, as
1093	amended, or the implementing regulations.
1094	(2)  The department shall adopt rules no later than July 1,
1095	2007, to ensure that the provisions of these federal laws are
1096	enforced in this state. The department is encouraged to enter
1097	into agreements with recognized American Indian tribes in order
1098	to facilitate the implementation of the Indian Child Welfare
1099	Act.
1100	Section 6.  Section 39.0138, Florida Statutes, is created
1101	to read:
1102	39.0138  Requirements for placement of children; exemptions
1103	from disqualification.--
1104	(1)(a)  The department may conduct criminal records checks
1105	equivalent to the level 2 screening required in s. 435.04 for
1106	any person being considered by the department for approval for
1107	placement of a child subject to a placement decision under this
1108	chapter. Approval for placement with any person other than a
1109	parent may not be granted in any case in which a criminal
1110	records check reveals a felony conviction in a court of
1111	competent jurisdiction for:
1112	1.  Child abuse, abandonment, or neglect; spousal abuse; a
1113	crime against children, including child pornography, or a crime
1114	involving violence, including sexual battery, sexual assault, or
1115	homicide, but not including other physical assault or battery,
1116	if the felony was committed at any time; or
1117	2.  Physical assault, battery, or a drug-related offense if
1118	the felony was committed within the past 5 years.
1119	(b)  Notwithstanding paragraph (a), the department may
1120	place a child in a home that otherwise meets placement
1121	requirements if state and local criminal records checks do not
1122	disqualify the applicant and if the department has submitted
1123	fingerprint information to the Department of Law Enforcement for
1124	forwarding to the Federal Bureau of Investigation and is
1125	awaiting the results of the federal criminal records check.
1126	(c)  Persons with whom placement of a child is being
1127	considered or approved must disclose to the department any prior
1128	or pending local, state, or federal criminal proceedings in
1129	which they are or have been involved.
1130	(d)  The results of any criminal records check of a parent
1131	conducted under this section must be considered in determining
1132	whether placement with the parent will jeopardize the safety of
1133	the child being placed.
1134	(2)(a)  The court may review the decision of the department
1135	to grant or deny an exemption upon the motion of any party, the
1136	request of any person who has been denied an exemption by the
1137	department, or on its own motion. The court shall prepare
1138	written findings to support its decision in this matter.
1139	(b)  A person seeking placement of a child when the
1140	department has denied the placement based on a disqualifying
1141	criminal offense has the burden of setting forth sufficient
1142	evidence of rehabilitation, including, but not limited to, the
1143	circumstances surrounding the incident for which an exemption
1144	from disqualification is sought, the time period that has
1145	elapsed since the incident, the nature of the harm caused to the
1146	victim, the history of the person since the incident, and any
1147	other evidence or circumstances indicating that the person will
1148	not present a danger if the placement of the child is allowed.
1149	Section 7.  Paragraph (a) of subsection (1), paragraph (a)
1150	of subsection (2), and subsection (5) of section 39.201, Florida
1151	Statutes, are amended to read:
1152	39.201  Mandatory reports of child abuse, abandonment, or
1153	neglect; mandatory reports of death; central abuse hotline.--
1154	(1)(a)  Any person who knows, or has reasonable cause to
1155	suspect, that a child is abused, abandoned, or neglected by a
1156	parent, legal custodian, caregiver, or other person responsible
1157	for the child's welfare, as defined in this chapter, or that a
1158	child is in need of supervision and care and has no parent,
1159	legal custodian, or responsible adult relative immediately known
1160	and available to provide supervision and care shall report such
1161	knowledge or suspicion to the department in the manner
1162	prescribed in subsection (2).
1163	(2)(a)  Each report of known or suspected child abuse,
1164	abandonment, or neglect by a parent, legal custodian, caregiver,
1165	or other person responsible for the child's welfare as defined
1166	in this chapter, except those solely under s. 827.04(3), and
1167	each report that a child is in need of supervision and care and
1168	has no parent, legal custodian, or responsible adult relative
1169	immediately known and available to provide supervision and care
1170	shall be made immediately to the department's central abuse
1171	hotline on the single statewide toll-free telephone number.
1172	Personnel at the department's central abuse hotline shall
1173	determine if the report received meets the statutory definition
1174	of child abuse, abandonment, or neglect. Any report meeting one
1175	of these definitions shall be accepted for the protective
1176	investigation pursuant to part III of this chapter.
1177	(5)  The department shall be capable of receiving and
1178	investigating, 24 hours a day, 7 days a week, reports of known
1179	or suspected child abuse, abandonment, or neglect and reports
1180	that a child is in need of supervision and care and has no
1181	parent, legal custodian, or responsible adult relative
1182	immediately known and available to provide supervision and care
1183	24 hours a day, 7 days a week. If it appears that the immediate
1184	safety or well-being of a child is endangered, that the family
1185	may flee or the child will be unavailable for purposes of
1186	conducting a child protective investigation, or that the facts
1187	otherwise so warrant, the department shall commence an
1188	investigation immediately, regardless of the time of day or
1189	night. In all other child abuse, abandonment, or neglect cases,
1190	a child protective investigation shall be commenced within 24
1191	hours after receipt of the report. In an institutional
1192	investigation, the alleged perpetrator may be represented by an
1193	attorney, at his or her own expense, or accompanied by another
1194	person, if the person or the attorney executes an affidavit of
1195	understanding with the department and agrees to comply with the
1196	confidentiality provisions of s. 39.202. The absence of an
1197	attorney or other person does not prevent the department from
1198	proceeding with other aspects of the investigation, including
1199	interviews with other persons. In institutional child abuse
1200	cases when the institution is not operating and the child cannot
1201	otherwise be located, the investigation shall commence
1202	immediately upon the resumption of operation. If requested by a
1203	state attorney or local law enforcement agency, the department
1204	shall furnish all investigative reports to that agency.
1205	Section 8.  Subsections (1), (2), (5), and (22) of section
1206	39.301, Florida Statutes, are amended, and subsection (23) is
1207	added to that section, to read:
1208	39.301  Initiation of protective investigations.--
1209	(1)  Upon receiving an oral or written report of known or
1210	suspected child abuse, abandonment, or neglect, or that a child
1211	is in need of supervision and care and has no parent, legal
1212	custodian, or responsible adult relative immediately known and
1213	available to provide supervision and care, the central abuse
1214	hotline shall determine if the report requires an immediate
1215	onsite protective investigation. For reports requiring an
1216	immediate onsite protective investigation, the central abuse
1217	hotline shall immediately notify the department's designated
1218	children and families district staff responsible for protective
1219	investigations to ensure that an onsite investigation is
1220	promptly initiated.  For reports not requiring an immediate
1221	onsite protective investigation, the central abuse hotline shall
1222	notify the department's designated children and families
1223	district staff responsible for protective investigations in
1224	sufficient time to allow for an investigation. At the time of
1225	notification of district staff with respect to the report, the
1226	central abuse hotline shall also provide information on any
1227	previous report concerning a subject of the present report or
1228	any pertinent information relative to the present report or any
1229	noted earlier reports.
1230	(2)(a)  The department shall immediately forward
1231	allegations of criminal conduct to the municipal or county law
1232	enforcement agency of the municipality or county in which the
1233	alleged conduct has occurred.
1234	(b)  As used in this subsection, the term "criminal
1235	conduct" means:
1236	1.  A child is known or suspected to be the victim of child
1237	abuse, as defined in s. 827.03, or of neglect of a child, as
1238	defined in s. 827.03.
1239	2.  A child is known or suspected to have died as a result
1240	of abuse or neglect.
1241	3.  A child is known or suspected to be the victim of
1242	aggravated child abuse, as defined in s. 827.03.
1243	4.  A child is known or suspected to be the victim of
1244	sexual battery, as defined in s. 827.071, or of sexual abuse, as
1245	defined in s. 39.01.
1246	5.  A child is known or suspected to be the victim of
1247	institutional child abuse or neglect, as defined in s. 39.01,
1248	and as provided for in s. 39.302(1).
1249	6.  A child is known or suspected to be a victim of human
1250	trafficking, as provided in s. 787.06.
1251	(c)  Upon receiving a written report of an allegation of
1252	criminal conduct from the department, the law enforcement agency
1253	shall review the information in the written report to determine
1254	whether a criminal investigation is warranted. If the law
1255	enforcement agency accepts the case for criminal investigation,
1256	it shall coordinate its investigative activities with the
1257	department, whenever feasible. If the law enforcement agency
1258	does not accept the case for criminal investigation, the agency
1259	shall notify the department in writing.
1260	(d)  The local law enforcement agreement required in s.
1261	39.306 shall describe the specific local protocols for
1262	implementing this section.
1263	(5)(a)  Upon commencing an investigation under this part,
1264	the child protective investigator shall inform any subject of
1265	the investigation of the following:
1266	1.  The names of the investigators and identifying
1267	credentials from the department.
1268	2.  The purpose of the investigation.
1269	3.  The right to obtain his or her own attorney and ways
1270	that the information provided by the subject may be used.
1271	4.  The possible outcomes and services of the department's
1272	response, which shall be explained to the parent or legal
1273	custodian.
1274	5.  The right of the parent or legal custodian to be
1275	involved to the fullest extent possible in determining the
1276	nature of the allegation and the nature of any identified
1277	problem.
1278	6.  The duty of the parent or legal custodian to report any
1279	change in the residence or location of the child to the
1280	investigator and that the duty to report continues until the
1281	investigation is closed.
1282	(b)  The department's training program shall ensure that
1283	protective investigators know how to fully inform parents or
1284	legal custodians of their rights and options, including
1285	opportunities for audio or video recording of investigators'
1286	interviews with parents or legal custodians or children.
1287	(22)  When an investigation is closed and a person is not
1288	identified as a caregiver responsible for the abuse, neglect, or
1289	abandonment alleged in the report, the fact that the person is
1290	named in some capacity in the report may not be used in any way
1291	to adversely affect the interests of that person. This
1292	prohibition applies to any use of the information in employment
1293	screening, licensing, child placement, adoption, or any other
1294	decisions by a private adoption agency or a state agency or its
1295	contracted providers, except that a previous report may be used
1296	to determine whether a child is safe and what the known risk is
1297	to the child at any stage of a child protection proceeding.
1298	(23)  If, after having been notified of the requirement to
1299	report a change in residence or location of the child to the
1300	protective investigator, a parent or legal custodian causes the
1301	child to move, or allows the child to be moved, to a different
1302	residence or location, or if the child leaves the residence on
1303	his or her own accord and the parent or legal custodian does not
1304	notify the protective investigator of the move within 2 business
1305	days, the child may be considered to be a missing child for the
1306	purposes of filing a report with a law enforcement agency under
1307	s. 937.021.
1308	Section 9.  Subsection (2) of section 39.303, Florida
1309	Statutes, is amended to read:
1310	39.303  Child protection teams; services; eligible
1311	cases.--The Children's Medical Services Program in the
1312	Department of Health shall develop, maintain, and coordinate the
1313	services of one or more multidisciplinary child protection teams
1314	in each of the service districts of the Department of Children
1315	and Family Services. Such teams may be composed of appropriate
1316	representatives of school districts and appropriate health,
1317	mental health, social service, legal service, and law
1318	enforcement agencies. The Legislature finds that optimal
1319	coordination of child protection teams and sexual abuse
1320	treatment programs requires collaboration between the Department
1321	of Health and the Department of Children and Family Services.
1322	The two departments shall maintain an interagency agreement that
1323	establishes protocols for oversight and operations of child
1324	protection teams and sexual abuse treatment programs. The
1325	Secretary of Health and the Deputy Secretary for Children's
1326	Medical Services, in consultation with the Secretary of Children
1327	and Family Services, shall maintain the responsibility for the
1328	screening, employment, and, if necessary, the termination of
1329	child protection team medical directors, at headquarters and in
1330	the 15 districts. Child protection team medical directors shall
1331	be responsible for oversight of the teams in the districts.
1332	(2)  The child abuse, abandonment, and neglect reports that
1333	must be referred by the department of Children and Family
1334	Services to child protection teams of the Department of Health
1335	for an assessment and other appropriate available support
1336	services as set forth in subsection (1) must include cases
1337	involving:
1338	(a)  Injuries to the head, bruises to the neck or head,
1339	burns, or fractures in a child of any age.
1340	(b)  Bruises anywhere on a child 5 years of age or under.
1341	(c)  Any report alleging sexual abuse of a child in which
1342	vaginal or anal penetration is alleged or in which other
1343	unlawful sexual conduct has been determined to have occurred.
1344	(d)  Any sexually transmitted disease in a prepubescent
1345	child.
1346	(e)  Reported malnutrition of a child and failure of a
1347	child to thrive.
1348	(f)  Reported medical neglect of a child.
1349	(g)  Any family in which one or more children have been
1350	pronounced dead on arrival at a hospital or other health care
1351	facility, or have been injured and later died, as a result of
1352	suspected abuse, abandonment, or neglect, when any sibling or
1353	other child remains in the home.
1354	(h)  Symptoms of serious emotional problems in a child when
1355	emotional or other abuse, abandonment, or neglect is suspected.
1356	Section 10.  Subsections (10) and (16) of section 39.402,
1357	Florida Statutes, are amended, and subsections (17) and (18) are
1358	added to that section, to read:
1359	39.402  Placement in a shelter.--
1360	(10)(a)  The shelter hearing order shall contain a written
1361	determination as to whether the department has made a reasonable
1362	effort to prevent or eliminate the need for removal or continued
1363	removal of the child from the home. This determination must
1364	include a description of which specific services, if available,
1365	could prevent or eliminate the need for removal or continued
1366	removal from the home and the date by which the services are
1367	expected to become available.
1368	(b)  If services are not available to prevent or eliminate
1369	the need for removal or continued removal of the child from the
1370	home, the written determination must also contain a explanation
1371	describing why the services are not available for the child.
1372	(c)  If the department has not made such an effort to
1373	prevent or eliminate the need for removal, the court shall order
1374	the department to provide appropriate and available services to
1375	ensure the protection of the child in the home when the such
1376	services are necessary for the child's health and safety.
1377	(16)  At the conclusion of a shelter hearing, the court
1378	shall:
1379	(a)  Notify all parties in writing of the next scheduled
1380	hearing to review the shelter placement. The Such hearing shall
1381	be held no later than 30 days after placement of the child in
1382	shelter status, in conjunction with the arraignment hearing, and
1383	at such times as are otherwise provided by law or determined by
1384	the court to be necessary; and.
1385	(b)  Notify all parties in writing of the date, time, and
1386	place of the case plan conference, family team conference, or
1387	mediation that will be used to develop the case plan. The case
1388	plan conference, family team conference, or mediation must take
1389	place no later than 30 days after placing the child in shelter
1390	status.
1391	(17)  At the shelter hearing, the court shall inquire of
1392	the parent whether the parent has relatives who might be
1393	considered as a placement for the child. The parent shall
1394	provide to the court and all parties identification and location
1395	information regarding the relatives. The court shall advise the
1396	parent that the parent has a continuing duty to inform the
1397	department of any relative who should be considered as a
1398	placement for the child.
1399	(18)  The court shall advise the parents that, if the
1400	parents fail to substantially comply with the case plan, their
1401	parental rights may be terminated and that the child's out-of-
1402	home placement may become permanent.
1403	Section 11.  Present subsections (7) and (8) of section
1404	39.507, Florida Statutes, are redesignated as subsections (8)
1405	and (9), respectively, and a new subsection (7) is added to that
1406	section, to read:
1407	39.507  Adjudicatory hearings; orders of adjudication.--
1408	(7)  If a court adjudicates a child dependent and the child
1409	is in out-of-home care, the court shall inquire of the parent or
1410	parents whether the parents have relatives who might be
1411	considered as a placement for the child. The court shall advise
1412	the parents that, if the parents fail to substantially comply
1413	with the case plan, their parental rights may be terminated and
1414	that the child's out-of-home placement may become permanent. The
1415	parent or parents shall provide to the court and all parties
1416	identification and location information of the relatives.
1417	Section 12.  Paragraph (c) of subsection (1) and paragraph
1418	(a) of subsection (2) of section 39.5085, Florida Statutes, are
1419	amended to read:
1420	39.5085  Relative Caregiver Program.--
1421	(1)  It is the intent of the Legislature in enacting this
1422	section to:
1423	(c)  Recognize that permanency in the best interests of the
1424	child can be achieved through a variety of permanency options,
1425	including permanent guardianship under s. 39.6221 if the
1426	guardian is a relative, permanent placement with a fit and
1427	willing relative long-term relative custody, guardianship under
1428	chapter 744, or adoption, by providing additional placement
1429	options and incentives that will achieve permanency and
1430	stability for many children who are otherwise at risk of foster
1431	care placement because of abuse, abandonment, or neglect, but
1432	who may successfully be able to be placed by the dependency
1433	court in the care of such relatives.
1434	(2)(a)  The Department of Children and Family Services
1435	shall establish and operate the Relative Caregiver Program under
1436	pursuant to eligibility guidelines established in this section
1437	as further implemented by rule of the department. The Relative
1438	Caregiver Program shall, within the limits of available funding,
1439	provide financial assistance to:
1440	1.  Relatives who are within the fifth degree by blood or
1441	marriage to the parent or stepparent of a child and who are
1442	caring full-time for that dependent child in the role of
1443	substitute parent as a result of a court's determination of
1444	child abuse, neglect, or abandonment and subsequent placement
1445	with the relative under pursuant to this chapter.
1446	2.  Relatives who are within the fifth degree by blood or
1447	marriage to the parent or stepparent of a child and who are
1448	caring full-time for that dependent child, and a dependent half-
1449	brother or half-sister of that dependent child, in the role of
1450	substitute parent as a result of a court's determination of
1451	child abuse, neglect, or abandonment and subsequent placement
1452	with the relative under pursuant to this chapter.
1453
1454	The Such placement may be either court-ordered temporary legal
1455	custody to the relative under protective supervision of the
1456	department under pursuant to s. 39.521(1)(b)3., or court-ordered
1457	placement in the home of a relative as a permanency option under
1458	s. 39.6221 or s. 39.6231, or under former pursuant to s. 39.622.
1459	The Relative Caregiver Program shall offer financial assistance
1460	to caregivers who are relatives and who would be unable to serve
1461	in that capacity without the relative caregiver payment because
1462	of financial burden, thus exposing the child to the trauma of
1463	placement in a shelter or in foster care.
1464	Section 13.  Paragraph (d) of subsection (1) of section
1465	39.521, Florida Statutes, is amended to read:
1466	39.521  Disposition hearings; powers of disposition.--
1467	(1)  A disposition hearing shall be conducted by the court,
1468	if the court finds that the facts alleged in the petition for
1469	dependency were proven in the adjudicatory hearing, or if the
1470	parents or legal custodians have consented to the finding of
1471	dependency or admitted the allegations in the petition, have
1472	failed to appear for the arraignment hearing after proper
1473	notice, or have not been located despite a diligent search
1474	having been conducted.
1475	(d)  The court shall, in its written order of disposition,
1476	include all of the following:
1477	1.  The placement or custody of the child.
1478	2.  Special conditions of placement and visitation.
1479	3.  Evaluation, counseling, treatment activities, and other
1480	actions to be taken by the parties, if ordered.
1481	4.  The persons or entities responsible for supervising or
1482	monitoring services to the child and parent.
1483	5.  Continuation or discharge of the guardian ad litem, as
1484	appropriate.
1485	6.  The date, time, and location of the next scheduled
1486	review hearing, which must occur within the earlier of:
1487	a.  Ninety days after the disposition hearing;
1488	b.  Ninety days after the court accepts the case plan;
1489	c.  Six months after the date of the last review hearing;
1490	or
1491	d.  Six months after the date of the child's removal from
1492	his or her home, if no review hearing has been held since the
1493	child's removal from the home.
1494	7.  If the child is in an out-of-home placement, child
1495	support to be paid by the parents, or the guardian of the
1496	child's estate if possessed of assets which under law may be
1497	disbursed for the care, support, and maintenance of the child.
1498	The court may exercise jurisdiction over all child support
1499	matters, shall adjudicate the financial obligation, including
1500	health insurance, of the child's parents or guardian, and shall
1501	enforce the financial obligation as provided in chapter 61. The
1502	state's child support enforcement agency shall enforce child
1503	support orders under this section in the same manner as child
1504	support orders under chapter 61. Placement of the child shall
1505	not be contingent upon issuance of a support order.
1506	8.a.  If the court does not commit the child to the
1507	temporary legal custody of an adult relative, legal custodian,
1508	or other adult approved by the court, the disposition order
1509	shall include the reasons for such a decision and shall include
1510	a determination as to whether diligent efforts were made by the
1511	department to locate an adult relative, legal custodian, or
1512	other adult willing to care for the child in order to present
1513	that placement option to the court instead of placement with the
1514	department.
1515	b.  If diligent efforts are made to locate an adult
1516	relative willing and able to care for the child but, because no
1517	suitable relative is found and, the child is placed with the
1518	department or a legal custodian or other adult approved by the
1519	court, both the department and the court shall consider
1520	transferring temporary legal custody to an adult relative
1521	approved by the court at a later date, but neither the
1522	department nor the court is obligated to so place the child if
1523	it is in the child's best interest to remain in the current
1524	placement.
1525
1526	For the purposes of this subparagraph, "diligent efforts to
1527	locate an adult relative" means a search similar to the diligent
1528	search for a parent, but without the continuing obligation to
1529	search after an initial adequate search is completed.
1530	9.  Other requirements necessary to protect the health,
1531	safety, and well-being of the child, to preserve the stability
1532	of the child's educational placement, and to promote family
1533	preservation or reunification whenever possible.
1534	Section 14.  Subsection (1) of section 39.522, Florida
1535	Statutes, is amended to read:
1536	39.522  Postdisposition change of custody.--The court may
1537	change the temporary legal custody or the conditions of
1538	protective supervision at a postdisposition hearing, without the
1539	necessity of another adjudicatory hearing.
1540	(1)  A child who has been placed in the child's own home
1541	under the protective supervision of an authorized agent of the
1542	department, in the home of a relative, in the home of a legal
1543	custodian, or in some other place may be brought before the
1544	court by the department or by any other interested person, upon
1545	the filing of a petition alleging a need for a change in the
1546	conditions of protective supervision or the placement. If the
1547	parents or other legal custodians deny the need for a change,
1548	the court shall hear all parties in person or by counsel, or
1549	both. Upon the admission of a need for a change or after such
1550	hearing, the court shall enter an order changing the placement,
1551	modifying the conditions of protective supervision, or
1552	continuing the conditions of protective supervision as ordered.
1553	The standard for changing custody of the child shall be the best
1554	interest of the child. When applying this standard, the court
1555	shall consider the continuity of the child's placement in the
1556	same out-of-home residence as a factor when determining the best
1557	interest of the child. If the child is not placed in foster
1558	care, then the new placement for the child must meet the home
1559	study criteria and court approval pursuant to this chapter.
1560	Section 15.  Section 39.6011, Florida Statutes, is created
1561	to read:
1562	39.6011  Case plan development.--
1563	(1)  The department shall prepare a draft of the case plan
1564	for each child receiving services under this chapter. A parent
1565	of a child may not be threatened or coerced with the loss of
1566	custody or parental rights for failing to admit in the case plan
1567	to abusing, neglecting, or abandoning a child. Participating in
1568	the development of a case plan is not an admission to any
1569	allegation of abuse, abandonment, or neglect, and it is not a
1570	consent to a finding of dependency or termination of parental
1571	rights. The case plan shall be developed subject to the
1572	following requirements:
1573	(a)  The case plan must be developed in a face-to-face
1574	conference with the parent of the child, any court-appointed
1575	guardian ad litem, and, if appropriate, the child and the
1576	temporary custodian of the child. The conference to prepare a
1577	case plan must be scheduled under s. 39.402(16)(b) and must be
1578	conducted according to one of the following procedures:
1579	1.  A case plan conference that is a meeting among the
1580	parties described in this subsection.
1581	2.  A mediation if dependency mediation services are
1582	available and appropriate and in the best interest of the child.
1583	3.  A family team conference if a family team conference is
1584	available.
1585	(b)  The parent may receive assistance from any person or
1586	social service agency in preparing the case plan. The social
1587	service agency, the department, and the court, when applicable,
1588	shall inform the parent of the right to receive such assistance,
1589	including the right to assistance of counsel.
1590	(c)  If a parent is unwilling or unable to participate in
1591	developing a case plan, the department shall document that
1592	unwillingness or inability to participate. The documentation
1593	must be provided in writing to the parent when available for the
1594	court record, and the department shall prepare a case plan
1595	conforming as nearly as possible with the requirements set forth
1596	in this section. The unwillingness or inability of the parent to
1597	participate in developing a case plan does not preclude the
1598	filing of a petition for dependency or for termination of
1599	parental rights. The parent, if available, must be provided a
1600	copy of the case plan and be advised that he or she may, at any
1601	time before the filing of a petition for termination of parental
1602	rights, enter into a case plan and that he or she may request
1603	judicial review of any provision of the case plan with which he
1604	or she disagrees at any court hearing set for the child.
1605	(2)  The case plan must be written simply and clearly in
1606	English and, if English is not the principal language of the
1607	child's parent, to the extent possible in the parent's principal
1608	language. Each case plan must contain:
1609	(a)  A description of the identified problem being
1610	addressed, including the parent's behavior or acts resulting in
1611	risk to the child and the reason for the intervention by the
1612	department.
1613	(b)  The permanency goal as defined in s. 39.01(51).
1614	(c)  If concurrent planning is being used, a description of
1615	the permanency goal of reunification with the parent or legal
1616	custodian in addition to a description of one of the remaining
1617	permanency goals described in s. 39.01(51).
1618	(d)  The date the compliance period expires. The case plan
1619	must be limited to as short a period as possible for
1620	accomplishing its provisions. The plan's compliance period
1621	expires no later than 12 months after the date the child was
1622	initially removed from the home or the date the case plan was
1623	accepted by the court, whichever occurs sooner.
1624	(e)  A written notice to the parent that failure of the
1625	parent to substantially comply with the case plan may result in
1626	the termination of parental rights and that a material breach of
1627	the case plan may result in the filing of a petition for
1628	termination of parental rights sooner than the compliance period
1629	set forth in the case plan.
1630	(3)  The case plan must be signed by all parties, except
1631	that the signature of a child may be waived if the child is not
1632	of an age or capacity to participate in the case planning
1633	process. Signing the case plan constitutes an acknowledgement
1634	that the case plan has been developed by the parties and that
1635	they are in agreement as to the terms and conditions contained
1636	in the case plan. The refusal of a parent to sign the case plan
1637	does not prevent the court from accepting the case plan if the
1638	case plan is otherwise acceptable to the court. Signing the case
1639	plan does not constitute an admission to any allegation of
1640	abuse, abandonment, or neglect and does not constitute consent
1641	to a finding of dependency or termination of parental rights.
1642	Before signing the case plan, the department shall explain the
1643	provisions of the plan to all persons involved in its
1644	implementation, including, when appropriate, the child.
1645	(4)  The case plan must describe:
1646	(a)  The role of the foster parents or legal custodians
1647	when developing the services that are to be provided to the
1648	child, foster parents, or legal custodians.
1649	(b)  The minimum number of face-to-face meetings to be held
1650	each month between the parents and the department's family
1651	services counselors to review the progress of the plan, to
1652	eliminate barriers to progress, and to resolve conflicts or
1653	disagreements.
1654	(c)  The parent's responsibility for financial support of
1655	the child, including, but not limited to, health insurance and
1656	child support. The case plan must list the costs associated with
1657	any services or treatment that the parent and child are expected
1658	to receive which are the financial responsibility of the parent.
1659	The determination of child support and other financial support
1660	shall be made independently of any determination of indigency
1661	under s. 39.013.
1662	(5)  When the permanency goal for a child is adoption, the
1663	case plan must include documentation of the steps the agency is
1664	taking to find an adoptive family or other permanent living
1665	arrangement for the child. At a minimum, the documentation shall
1666	include recruitment efforts that are specific to the child, such
1667	as the use of state, regional, and national adoption exchanges,
1668	including electronic exchange systems.
1669	(6)  After the case plan has been developed, the department
1670	shall adhere to the following procedural requirements:
1671	(a)  If the parent's substantial compliance with the case
1672	plan requires the department to provide services to the parents
1673	or the child and the parents agree to begin compliance with the
1674	case plan before the case plan's acceptance by the court, the
1675	department shall make the appropriate referrals for services
1676	that will allow the parents to immediately begin the agreed upon
1677	tasks and services.
1678	(b)  After the case plan has been agreed upon and signed by
1679	the parties, a copy of the plan must immediately be given to the
1680	parties, including the child, if appropriate, and to other
1681	persons as directed by the court.
1682	1.  A case plan must be prepared, but need not be submitted
1683	to the court, for a child who will be in care no longer than 30
1684	days unless that child is placed in out-of-home care a second
1685	time within a 12-month period.
1686	2.  In each case in which a child has been placed in out-
1687	of-home care, a case plan must be prepared within 60 days after
1688	the department removes the child from the home and shall be
1689	submitted to the court before the disposition hearing for the
1690	court to review and approve.
1691	3.  After jurisdiction attaches, all case plans must be
1692	filed with the court and a copy provided to all the parties
1693	whose whereabouts are known not less than 3 business days before
1694	the disposition hearing. The department shall file with the
1695	court, and provide copies to the parties, all case plans
1696	prepared before jurisdiction of the court attached.
1697	(7)  The case plan must be filed with the court and copies
1698	provided to all parties, including the child, if appropriate,
1699	not less than 3 business days before the disposition hearing.
1700	(8)  The case plan must describe a process for making
1701	available to all physical custodians and family services
1702	counselors the information required by s. 39.6012(2) and for
1703	ensuring that this information follows the child until
1704	permanency has been achieved.
1705	Section 16.  Section 39.6012, Florida Statutes, is created
1706	to read:
1707	39.6012  Case plan tasks; services.--
1708	(1)  The services to be provided to the parent and the
1709	tasks that must be completed are subject to the following:
1710	(a)  The services described in the case plan must be
1711	designed to improve the conditions in the home and aid in
1712	maintaining the child in the home, facilitate the child's safe
1713	return to the home, ensure proper care of the child, or
1714	facilitate the child's permanent placement. The services offered
1715	must be the least intrusive possible into the life of the parent
1716	and child, must focus on clearly defined objectives, and must
1717	provide the most efficient path to quick reunification or
1718	permanent placement given the circumstances of the case and the
1719	child's need for safe and proper care.
1720	(b)  The case plan must describe each of the tasks with
1721	which the parent must comply and the services to be provided to
1722	the parent, specifically addressing the identified problem,
1723	including:
1724	1.  The type of services or treatment.
1725	2.  The date the department will provide each service or
1726	referral for the service if the service is being provided by the
1727	department or its agent.
1728	3.  The date by which the parent must complete each task.
1729	4.  The frequency of services or treatment provided. The
1730	frequency of the delivery of services or treatment provided
1731	shall be determined by the professionals providing the services
1732	or treatment on a case-by-case basis and adjusted according to
1733	their best professional judgment.
1734	5.  The location of the delivery of the services.
1735	6.  The staff of the department or service provider
1736	accountable for the services or treatment.
1737	7.  A description of the measurable objectives, including
1738	the timeframes specified for achieving the objectives of the
1739	case plan and addressing the identified problem.
1740	(2)  The case plan must include all available information
1741	relevant to the child's care, including, at a minimum:
1742	(a)  A description of the identified needs of the child
1743	while in care.
1744	(b)  A description of the plan for ensuring that the child
1745	receives safe and proper care and that services are provided to
1746	the child in order to address the child's needs. To the extent
1747	available and accessible, the following health, mental health,
1748	and education information and records of the child must be
1749	attached to the case plan and updated throughout the judicial
1750	review process:
1751	1.  The names and addresses of the child's health, mental
1752	health, and education providers.
1753	2.  The child's grade-level performance.
1754	3.  The child's school record.
1755	4.  Assurances that the child's placement takes into
1756	account proximity to the school in which the child is enrolled
1757	at the time of placement.
1758	5.  A record of the child's immunizations.
1759	6.  The child's known medical history, including any known
1760	problems.
1761	7.  The child's medications, if any.
1762	8.  Any other relevant health, mental health, and education
1763	information concerning the child.
1764	(3)  In addition to any other requirement, if the child is
1765	in an out-of-home placement, the case plan must include:
1766	(a)  A description of the type of placement in which the
1767	child is to be living.
1768	(b)  A description of the parent's visitation rights and
1769	obligations and the plan for sibling visitation if the child has
1770	siblings and is separated from them.
1771	(c)  When appropriate, for a child who is 13 years of age
1772	or older, a written description of the programs and services
1773	that will help the child prepare for the transition from foster
1774	care to independent living.
1775	(d)  A discussion of the safety and the appropriateness of
1776	the child's placement, which placement is intended to be safe,
1777	the least restrictive and the most family-like setting available
1778	consistent with the best interest and special needs of the
1779	child, and in as close proximity as possible to the child's
1780	home.
1781	Section 17.  Section 39.6013, Florida Statutes, is created
1782	to read:
1783	39.6013  Case plan amendments.--
1784	(1)  After the case plan has been developed under s.
1785	39.6011, the tasks and services agreed upon in the plan may not
1786	be changed or altered in any way except as provided in this
1787	section.
1788	(2)  The case plan may be amended at any time in order to
1789	change the goal of the plan, employ the use of concurrent
1790	planning, add or remove tasks the parent must complete to
1791	substantially comply with the plan, provide appropriate services
1792	for the child, and update the child's health, mental health, and
1793	education records required by s. 39.6012.
1794	(3)  The case plan may be amended upon approval of the
1795	court if all parties are in agreement regarding the amendments
1796	to the plan and the amended plan is signed by all parties and
1797	submitted to the court with a memorandum of explanation.
1798	(4)  The case plan may be amended by the court or upon
1799	motion of any party at any hearing to change the goal of the
1800	plan, employ the use of concurrent planning, or add or remove
1801	tasks the parent must complete in order to substantially comply
1802	with the plan if there is a preponderance of evidence
1803	demonstrating the need for the amendment. The need to amend the
1804	case plan may be based on information discovered or
1805	circumstances arising after the approval of the case plan for:
1806	(a)  A previously unaddressed condition that, without
1807	services, may prevent the child from safely returning to the
1808	home or may prevent the child from safely remaining in the home;
1809	(b)  The child's need for permanency, taking into
1810	consideration the child's age and developmental needs;
1811	(c)  The failure of a party to substantially comply with a
1812	task in the original case plan, including the ineffectiveness of
1813	a previously offered service; or
1814	(d)  An error or oversight in the case plan.
1815	(5)  The case plan may be amended by the court or upon the
1816	motion of any party at any hearing to provide appropriate
1817	services to the child if there is competent evidence
1818	demonstrating the need for the amendment. The reason for
1819	amending the case plan may be based on information discovered or
1820	circumstances arising after the approval of the case plan
1821	regarding the provision of safe and proper care to the child.
1822	(6)  The case plan is deemed amended as to the child's
1823	health, mental health, and education records required by s.
1824	39.6012 when the child's updated health, mental health, and
1825	education records are filed by the department under s.
1826	39.701(7)(a).
1827	(7)  Amendments must include service interventions that are
1828	the least intrusive into the life of the parent and child, must
1829	focus on clearly defined objectives, and must provide the most
1830	efficient path to quick reunification or permanent placement
1831	given the circumstances of the case and the child's need for
1832	safe and proper care. A copy of the amended plan must
1833	immediately be given to the persons identified in s. 39.6011.
1834	Section 18.  Subsections (1) and (2) of section 39.603,
1835	Florida Statutes, are amended to read:
1836	39.603  Court approvals of case planning.--
1837	(1)  All case plans and amendments to case plans must be
1838	approved by the court. At the hearing on the case plan, which
1839	shall occur in conjunction with the disposition hearing unless
1840	otherwise directed by the court, the court shall determine:
1841	(a)  All parties who were notified and are in attendance at
1842	the hearing, either in person or through a legal representative.
1843	The court may appoint a guardian ad litem under Rule 1.210,
1844	Florida Rules of Civil Procedure, to represent the interests of
1845	any parent, if the location of the parent is known but the
1846	parent is not present at the hearing and the development of the
1847	plan is based upon the physical, emotional, or mental condition
1848	or physical location of the parent.
1849	(b)  If the plan is consistent with previous orders of the
1850	court placing the child in care.
1851	(c)  If the plan is consistent with the requirements for
1852	the content of a plan as specified in this chapter.
1853	(d)  In involuntary placements, whether each parent was
1854	notified of the right to counsel at each stage of the dependency
1855	proceedings, in accordance with the Florida Rules of Juvenile
1856	Procedure.
1857	(e)  Whether each parent whose location was known was
1858	notified of the right to participate in the preparation of a
1859	case plan and of the right to receive assistance from any other
1860	person in the preparation of the case plan.
1861	(f)  Whether the plan is meaningful and designed to address
1862	facts and circumstances upon which the court based the finding
1863	of dependency in involuntary placements or the plan is
1864	meaningful and designed to address facts and circumstances upon
1865	which the child was placed in out-of-home care voluntarily.
1866	(2)  When the court determines that any of the elements
1867	considered at the hearing related to the plan have not been met,
1868	the court shall require the parties to make necessary amendments
1869	to the plan under s. 39.6013. The amended plan must be submitted
1870	to the court for review and approval within 30 days after the
1871	hearing. A copy of the amended plan must also be provided to
1872	each party, if the location of the party is known, at least 3
1873	business days before 72 hours prior to filing with the court.
1874	Section 19.  Section 39.621, Florida Statutes, is amended
1875	to read:
1876	39.621  Permanency determination by the court.--
1877	(1)  The Legislature finds that time is of the essence for
1878	permanency of children in the dependency system. A permanency
1879	hearing must be held no later than 12 months after the date the
1880	child was removed from the home or no later than 30 days after a
1881	court determines that reasonable efforts to return a child to
1882	either parent are not required, whichever occurs first. The
1883	purpose of the permanency hearing is to determine when the child
1884	will achieve the permanency goal or whether modifying the
1885	current goal is in the best interest of the child. A permanency
1886	hearing must be held at least every 12 months for any child who
1887	continues to receive supervision from the department or awaits
1888	adoption. When the court has determined that reunification with
1889	either parent is not appropriate, then the court must make a
1890	permanency determination for the child.
1891	(2)  The permanency goals available under this chapter are:
1892	(a)  Reunification;
1893	(b)  Adoption, if a petition for termination of parental
1894	rights has been or will be filed;
1895	(c)  Permanent guardianship of a dependent child under s.
1896	39.6221;
1897	(d)  Permanent placement with a fit and willing relative
1898	under s. 39.6231; or
1899	(e)  Placement in another planned permanent living
1900	arrangement under s. 39.6241.
1901	(3)(a)  At least 3 business days before the permanency
1902	hearing, the department shall file its judicial review social
1903	services report with the court and provide copies of the report
1904	to all parties. The report must include a recommended permanency
1905	goal for the child, suggest changes to the case plan, if needed,
1906	and describe why the recommended goal is in the best interest of
1907	the child.
1908	(b)  Before the permanency hearing, the department shall
1909	advise the child and the individuals with whom the child will be
1910	placed about the availability of more permanent and legally
1911	secure placements and what type of financial assistance is
1912	associated with each placement.
1913	(4)  At the permanency hearing, the court shall determine:
1914	(a)  Whether the current permanency goal for the child is
1915	appropriate or should be changed.
1916	(b)  When the child will achieve one of the permanency
1917	goals.
1918	(c)  Whether the department has made reasonable efforts to
1919	finalize the permanency plan currently in effect.
1920	(5)  The best interest of the child is the primary
1921	consideration in determining the permanency goal for the child.
1922	The court must also consider:
1923	(a)  The reasonable preference of the child if the court
1924	has found the child to be of sufficient intelligence,
1925	understanding, and experience to express a preference.
1926	(b)  Any recommendation of the guardian ad litem.
1927	(6)(a)(2)  If a child will not be reunited with a parent,
1928	adoption, under pursuant to chapter 63, is the primary
1929	permanency option available to the court. If the child is placed
1930	with a relative or with a relative of the child's half-brother
1931	or half-sister as a permanency option, the court may shall
1932	recognize the permanency of this placement without requiring the
1933	relative to adopt the child.
1934	(b)  If the court approves a permanency goal of permanent
1935	guardianship of a dependent child, placement with a fit and
1936	willing relative, or another planned permanent living
1937	arrangement, the court shall make findings as to why this
1938	permanent placement is established without adoption of the child
1939	to follow. If the court approves a permanency goal of another
1940	planned permanent living arrangement, the court shall document
1941	the compelling reasons for choosing this goal.
1942	(7)  The findings of the court regarding reasonable efforts
1943	to finalize the permanency plan must be explicitly documented,
1944	made on a case-by-case basis, and stated in the court order.
1945	(8)  The case plan must list the tasks necessary to
1946	finalize the permanency placement and shall be updated at the
1947	permanency hearing if necessary. If a concurrent case plan is in
1948	place, the court may choose between the permanency goal options
1949	presented and shall approve the goal that is in the child's best
1950	interest.
1951	(9)  The permanency placement is intended to continue until
1952	the child reaches the age of majority and may not be disturbed
1953	absent a finding by the court that the circumstances of the
1954	permanency placement are no longer in the best interest of the
1955	child. If a parent who has not had his or her parental rights
1956	terminated makes a motion for reunification or increased contact
1957	with the child, the court shall hold a hearing to determine
1958	whether the dependency case should be reopened and whether there
1959	should be a modification of the order. At the hearing, the
1960	parent must demonstrate that the safety, well-being, and
1961	physical, mental, and emotional health of the child is not
1962	endangered by the modification.
1963	(10)  The court shall base its decision concerning any
1964	motion by a parent for reunification or increased contact with a
1965	child on the effect of the decision on the safety, well-being,
1966	and physical and emotional health of the child. Factors that
1967	must be considered and addressed in the findings of fact of the
1968	order on the motion must include:
1969	(a)  The compliance or noncompliance of the parent with the
1970	case plan.
1971	(b)  The circumstances which caused the child's dependency
1972	and whether those circumstances have been resolved.
1973	(c)  The stability and longevity of the child's placement;
1974	(d)  The preferences of the child, if the child is of
1975	sufficient age and understanding to express a preference;
1976	(e)  The recommendation of the current custodian.
1977	(f)  The recommendation of the guardian ad litem, if one
1978	has been appointed.
1979	(3)  The permanency options listed in the following
1980	paragraphs shall only be considered by the court if adoption is
1981	determined by the court to not be in the child's best interest,
1982	except as otherwise provided in subsection (2):
1983	(a)  Guardianship pursuant to chapter 744.
1984	(b)  Long-term custody.
1985	(c)  Long-term licensed custody.
1986	(d)  Independent living.
1987
1988	The permanency placement is intended to continue until the child
1989	reaches the age of majority and shall not be disturbed absent a
1990	finding by the court that the circumstances of the permanency
1991	placement are no longer in the best interest of the child.
1992	Section 20.  Section 39.6221, Florida Statutes, is created
1993	to read:
1994	39.6221  Permanent guardianship of a dependent child.--
1995	(1)  If a court determines that reunification or adoption
1996	is not in the best interest of the child, the court may place
1997	the child in a permanent guardianship with a relative or other
1998	adult approved by the court if all of the following conditions
1999	are met:
2000	(a)  The child has been in the placement for not less than
2001	the preceding 6 months.
2002	(b)  The permanent guardian is suitable and able to provide
2003	a safe and permanent home for the child.
2004	(c)  The court determines that the child and the relative
2005	or other adult are not likely to need supervision or services of
2006	the department to ensure the stability of the permanent
2007	guardianship.
2008	(d)  The permanent guardian has made a commitment to
2009	provide for the child until the child reaches the age of
2010	majority and to prepare the child for adulthood and
2011	independence.
2012	(e)  The permanent guardian agrees to give notice of any
2013	change in his or her residential address or the residence of the
2014	child by filing a written document in the dependency file of the
2015	child with the clerk of the court.
2016	(2)  In its written order establishing a permanent
2017	guardianship, the court shall:
2018	(a)  List the circumstances or reasons the child's parents
2019	are not fit to care for the child and why reunification is not
2020	possible by referring to specific findings of fact made in its
2021	order adjudicating the child dependent or by making separate
2022	findings of fact.
2023	(b)  State the reasons a permanent guardianship is being
2024	established instead of adoption.
2025	(c)  Specify the frequency and nature of visitation or
2026	contact between the child and his or her parents.
2027	(d)  Specify the frequency and nature of visitation or
2028	contact between the child and his or her grandparents, under s.
2029	39.509.
2030	(e)  Specify the frequency and nature of visitation or
2031	contact between the child and his or her siblings.
2032	(f)  Require that the permanent guardian not return the
2033	child to the physical care and custody of the person from whom
2034	the child was removed without the approval of the court.
2035	(g)  List the powers and duties of the permanent guardian
2036	which shall include the rights and duties of a parent,
2037	including, but not limited to:
2038	1.  The right to physical and legal custody of the child.
2039	2.  The right and duty to protect, nurture, guide, and
2040	discipline the child.
2041	3.  The right and duty to provide the child with food,
2042	shelter, and education.
2043	4.  The right and duty to provide the child with ordinary
2044	medical, dental, psychiatric, and psychological care, unless
2045	these rights and duties are otherwise enlarged or limited by
2046	court order.
2047	(3)  The court shall give the permanent guardian a separate
2048	order establishing the authority of the permanent guardian to
2049	care for the child, specifying what powers and duties listed in
2050	paragraph (2)(g) belong to the permanent guardian, and providing
2051	any other information the court deems proper which can be
2052	provided to persons who are not parties to the proceeding as
2053	necessary, notwithstanding the confidentiality provisions of s.
2054	39.202.
2055	(4)  A permanent guardianship of a dependent child
2056	established under this chapter is not a plenary guardianship and
2057	is not subject to the requirements of chapter 744.
2058	(5)  The court shall retain jurisdiction over the case and
2059	the child shall remain in the custody of the permanent guardian
2060	unless the order creating the permanent guardianship is modified
2061	by the court. The court shall discontinue regular review
2062	hearings and relieve the department of the responsibility for
2063	supervising the placement of the child. Notwithstanding the
2064	retention of jurisdiction, the placement shall be considered
2065	permanency for the child.
2066	(6)  Placement of a child in a permanent guardianship does
2067	not terminate the parent-child relationship, including:
2068	(a)  The right of the child to inherit from his or her
2069	parents.
2070	(b)  The parents' right to consent to the child's adoption.
2071	(c)  The parents' responsibility to provide financial,
2072	medical, and other support for the child as ordered by the
2073	court.
2074	Section 21.  Section 39.6231, Florida Statutes, is created
2075	to read:
2076	39.6231  Permanent placement with a fit and willing
2077	relative.--
2078	(1)  If a court finds that reunification or adoption are
2079	not in the best interest of a child, the court may place the
2080	child with a fit and willing relative as a permanency option if:
2081	(a)  The child has been in the placement for at least the
2082	preceding 6 months.
2083	(b)  The relative has made a commitment to provide for the
2084	child until the child reaches the age of majority and to prepare
2085	the child for adulthood and independence.
2086	(c)  The relative is suitable and able to provide a safe
2087	and permanent home for the child.
2088	(d)  The relative agrees to give notice of any change in
2089	his or her residence or the residence of the child by filing a
2090	written document with the clerk of court.
2091	(2)  The department and the guardian ad litem shall provide
2092	the court with a recommended list and description of services
2093	needed by the child and the family in order to ensure the
2094	permanency of the placement.
2095	(3)  In its written order placing the child with a fit and
2096	willing relative, the court shall:
2097	(a)  List the circumstances or reasons reunification is not
2098	possible by referring to specific findings of fact made in its
2099	order adjudicating the child dependent or by making separate
2100	findings of fact.
2101	(b)  State the reasons permanent placement with a fit and
2102	willing relative is being established instead of adoption;
2103	(c)  Specify the frequency and nature of visitation or
2104	contact between the child and his or her parents.
2105	(d)  Specify the frequency and nature of visitation or
2106	contact between the child and his or her grandparents, under s.
2107	39.509.
2108	(e)  Specify the frequency and nature of visitation or
2109	contact between the child and his or her siblings.
2110	(f)  Require that the relative not return the child to the
2111	physical care and custody of the person from whom the child was
2112	removed without the approval of the court.
2113	(4)  The court shall give the relative a separate order
2114	establishing his or her authority to care for the child and
2115	providing other information the court deems proper which can be
2116	provided to entities and individuals who are not parties to the
2117	proceeding as necessary, notwithstanding the confidentiality of
2118	s. 39.202.
2119	(5)  The department shall continue to supervise the
2120	placement with the relative until further court order. The court
2121	shall continue to review the placement at least once every 6
2122	months.
2123	(6)  Each party to the proceeding must be advised by the
2124	department and the court that placement with a fit and willing
2125	relative does not preclude the possibility of the child
2126	returning to the custody of the parent.
2127	(7)  The court shall continue to conduct permanency
2128	hearings in order to reevaluate the possibility of adoption or
2129	permanent guardianship of the child.
2130	Section 22.  Section 39.6241, Florida Statutes, is created
2131	to read:
2132	39.6241  Another planned permanent living arrangement.--
2133	(1)  If a court finds that reunification is not in the best
2134	interest of a child, the court may approve placement of the
2135	child in another planned permanent living arrangement if:
2136	(a)  The court finds a more permanent placement, such as
2137	adoption, permanent guardianship, or placement with a fit and
2138	willing relative, is not in the best interest of the child.
2139	(b)  The department documents reasons the placement will
2140	endure and how the proposed arrangement will be more stable and
2141	secure than ordinary foster care.
2142	(c)  The court finds that the health, safety, and well-
2143	being of the child will not be jeopardized by such an
2144	arrangement.
2145	(d)  There are compelling reasons to show that another
2146	placement is the most appropriate permanency goal. Compelling
2147	reasons for another placement may include, but are not limited
2148	to:
2149	1.  The case of a parent and child who have a significant
2150	bond but the parent is unable to care for the child because of
2151	an emotional or physical disability and the child's foster
2152	parents have committed to raising him or her to the age of
2153	majority and to facilitate visitation with the disabled parent;
2154	2.  The case of a child for whom an Indian tribe has
2155	identified another planned permanent living arrangement for the
2156	child; or
2157	3.  The case of a foster child who is 16 years of age or
2158	older who chooses to remain in foster care and the child's
2159	foster parents are willing to care for the child until the child
2160	reaches 18 years of age.
2161	(2)  The department and the guardian ad litem must provide
2162	the court with a recommended list and description of services
2163	needed by the child, such as independent living services and
2164	medical, dental, educational, or psychological referrals, and a
2165	recommended list and description of services needed by his or
2166	her caregiver.
2167	Section 23.  Paragraphs (a) and (c) of subsection (7),
2168	paragraph (g) of subsection (8), and subsection (9) of section
2169	39.701, Florida Statutes, are amended, and paragraph (k) is
2170	added to subsection (8) of that section, to read:
2171	39.701  Judicial review.--
2172	(7)(a)  Before Prior to every judicial review hearing or
2173	citizen review panel hearing, the social service agency shall
2174	make an investigation and social study concerning all pertinent
2175	details relating to the child and shall furnish to the court or
2176	citizen review panel a written report that includes, but is not
2177	limited to:
2178	1.  A description of the type of placement the child is in
2179	at the time of the hearing, including the safety of the child
2180	and the continuing necessity for and appropriateness of the
2181	placement.
2182	2.  Documentation of the diligent efforts made by all
2183	parties to the case plan to comply with each applicable
2184	provision of the plan.
2185	3.  The amount of fees assessed and collected during the
2186	period of time being reported.
2187	4.  The services provided to the foster family or legal
2188	custodian in an effort to address the needs of the child as
2189	indicated in the case plan.
2190	5.  A statement that either:
2191	a.  The parent, though able to do so, did not comply
2192	substantially with the provisions of the case plan, and the
2193	agency recommendations;
2194	b.  The parent did substantially comply with the provisions
2195	of the case plan; or
2196	c.  The parent has partially complied with the provisions
2197	of the case plan, with a summary of additional progress needed
2198	and the agency recommendations.
2199	6.  A statement from the foster parent or legal custodian
2200	providing any material evidence concerning the return of the
2201	child to the parent or parents.
2202	7.  A statement concerning the frequency, duration, and
2203	results of the parent-child visitation, if any, and the agency
2204	recommendations for an expansion or restriction of future
2205	visitation.
2206	8.  The number of times a child has been removed from his
2207	or her home and placed elsewhere, the number and types of
2208	placements that have occurred, and the reason for the changes in
2209	placement.
2210	9.  The number of times a child's educational placement has
2211	been changed, the number and types of educational placements
2212	which have occurred, and the reason for any change in placement.
2213	10.  If the child has reached 13 years of age but is not
2214	yet 18 years of age, the results of the preindependent living,
2215	life skills, or independent living assessment; the specific
2216	services needed; and the status of the delivery of the
2217	identified services.
2218	11.  Copies of all medical, psychological, and educational
2219	records that support the terms of the case plan and that have
2220	been produced concerning the child, parents, or any caregiver
2221	since the last judicial review hearing.
2222	12.  Copies of the child's current health, mental health,
2223	and education records as identified in s. 39.6012.
2224	(c)  In a case in which the child has been permanently
2225	placed with the social service agency, the agency shall furnish
2226	to the court a written report concerning the progress being made
2227	to place the child for adoption. If the child cannot be placed
2228	for adoption, a report on the progress made by the child towards
2229	alternative permanency goals or placements, including, but not
2230	limited to, guardianship, permanent guardianship under s.
2231	39.6221, permanent placement under s. 39.6231 long-term custody,
2232	long-term licensed custody, or independent living, must be
2233	submitted to the court. The report must be submitted to the
2234	court at least 72 hours before each scheduled judicial review.
2235	(8)  The court and any citizen review panel shall take into
2236	consideration the information contained in the social services
2237	study and investigation and all medical, psychological, and
2238	educational records that support the terms of the case plan;
2239	testimony by the social services agency, the parent, the foster
2240	parent or legal custodian, the guardian ad litem if one has been
2241	appointed for the child, and any other person deemed
2242	appropriate; and any relevant and material evidence submitted to
2243	the court, including written and oral reports to the extent of
2244	their probative value. These reports and evidence may be
2245	received by the court in its effort to determine the action to
2246	be taken with regard to the child and may be relied upon to the
2247	extent of their probative value, even though not competent in an
2248	adjudicatory hearing. In its deliberations, the court and any
2249	citizen review panel shall seek to determine:
2250	(g)  Whether the child is receiving safe and proper care
2251	according to s. 39.6012, including, but not limited to, the
2252	appropriateness of the child's current placement, including
2253	whether the child is in a setting that which is as family-like
2254	and as close to the parent's home as possible, consistent with
2255	the child's best interests and special needs, and including
2256	maintaining stability in the child's educational placement.
2257	(k)  If amendments to the case plan are required.
2258	Amendments to the case plan must be made under s. 39.6013.
2259	(9)(a)  Based upon the criteria set forth in subsection (8)
2260	and the recommended order of the citizen review panel, if any,
2261	the court shall determine whether or not the social service
2262	agency shall initiate proceedings to have a child declared a
2263	dependent child, return the child to the parent, continue the
2264	child in out-of-home care for a specified period of time, or
2265	initiate termination of parental rights proceedings for
2266	subsequent placement in an adoptive home. Amendments
2267	Modifications to the case plan must be prepared handled as
2268	prescribed in s. 39.6013 s. 39.601. If the court finds that the
2269	prevention or reunification efforts of the department will allow
2270	the child to remain safely at home or be safely returned to the
2271	home, the court shall allow the child to remain in or return to
2272	the home after making a specific finding of fact that the
2273	reasons for the creation of the case plan have been remedied to
2274	the extent that the child's safety, well-being, and physical,
2275	mental, and emotional health will not be endangered.
2276	(b)  The court shall return the child to the custody of the
2277	parents at any time it determines that they have substantially
2278	complied with the case plan, if the court is satisfied that
2279	reunification will not be detrimental to the child's safety,
2280	well-being, and physical, mental, and emotional health.
2281	(c)  If, in the opinion of the court, the social service
2282	agency has not complied with its obligations as specified in the
2283	written case plan, the court may find the social service agency
2284	in contempt, shall order the social service agency to submit its
2285	plans for compliance with the agreement, and shall require the
2286	social service agency to show why the child could not safely be
2287	returned to the home of the parents.
2288	(d)  The court may extend the time limitation of the case
2289	plan, or may modify the terms of the plan, based upon
2290	information provided by the social service agency, and the
2291	guardian ad litem, if one has been appointed, the parent or
2292	parents, and the foster parents or legal custodian, and any
2293	other competent information on record demonstrating the need for
2294	the amendment. If the court extends the time limitation of the
2295	case plan, the court must make specific findings concerning the
2296	frequency of past parent-child visitation, if any, and the court
2297	may authorize the expansion or restriction of future visitation.
2298	Modifications to the plan must be handled as prescribed in s.
2299	39.601. Any extension of a case plan must comply with the time
2300	requirements and other requirements specified by this chapter.
2301	(d)(e)  If, at any judicial review, the court finds that
2302	the parents have failed to substantially comply with the case
2303	plan to the degree that further reunification efforts are
2304	without merit and not in the best interest of the child, on its
2305	own motion, the court it may order authorize the filing of a
2306	petition for termination of parental rights, whether or not the
2307	time period as contained in the case plan for substantial
2308	compliance has expired elapsed.
2309	(e)(f)  No later than 6 12 months after the date that the
2310	child was placed in shelter care, the court shall conduct a
2311	judicial review hearing to review plan for the child's
2312	permanency goal as identified in the case plan. At the hearing,
2313	the court shall make findings regarding the likelihood of the
2314	child's reunification with the parent or legal custodian within
2315	12 months after the removal of the child from the home. If, at
2316	this hearing, the court makes a written finding that it is not
2317	likely that the child will be reunified with the parent or legal
2318	custodian within 12 months after the child was removed from the
2319	home, the department must file with the court and serve on all
2320	parties a motion to amend the case plan under s. 39.6013 and
2321	declare that it will use concurrent planning for the case plan.
2322	The department must file the motion no later than 10 business
2323	days after receiving the written finding of the court. The
2324	department must attach the proposed amended case plan to the
2325	motion. If concurrent planning is already being used, the case
2326	plan must document the efforts the department is taking to
2327	complete the concurrent goal. At this hearing, if the child is
2328	not returned to the physical custody of the parents, the case
2329	plan may be extended with the same goals only if the court finds
2330	that the situation of the child is so extraordinary that the
2331	plan should be extended. The case plan must document steps the
2332	department is taking to find an adoptive parent or other
2333	permanent living arrangement for the child.
2334	(f)(g)  The court may issue a protective order in
2335	assistance, or as a condition, of any other order made under
2336	this part. In addition to the requirements included in the case
2337	plan, the protective order may set forth requirements relating
2338	to reasonable conditions of behavior to be observed for a
2339	specified period of time by a person or agency who is before the
2340	court; and the such order may require any such person or agency
2341	to make periodic reports to the court containing such
2342	information as the court in its discretion may prescribe.
2343	Section 24.  Section 39.703, Florida Statutes, is amended
2344	to read:
2345	39.703  Initiation of termination of parental rights
2346	proceedings; judicial review.--
2347	(1)  If, in preparation for a any judicial review hearing
2348	under this chapter, it is the opinion of the social service
2349	agency that the parents of the child have not complied with
2350	their responsibilities as specified in the written case plan
2351	although able to do so, the department shall state its intent to
2352	initiate proceedings to terminate parental rights, unless the
2353	social service agency can demonstrate to the court that such a
2354	recommendation would not be in the child's best interests. If it
2355	is the intent of the department to initiate proceedings to
2356	terminate parental rights, the department shall file a petition
2357	for termination of parental rights no later than 3 months after
2358	the date of the previous judicial review hearing. If the
2359	petition cannot be filed within 3 months, the department shall
2360	provide a written report to the court outlining the reasons for
2361	delay, the progress made in the termination of parental rights
2362	process, and the anticipated date of completion of the process.
2363	(2)  If, at the time of the 12-month judicial review
2364	hearing, a child is not returned to the physical custody of the
2365	parents, the department shall file a petition to terminate
2366	parental rights. The court shall set an advisory hearing at the
2367	judicial review hearing if an advisory hearing has not
2368	previously been set. initiate termination of parental rights
2369	proceedings under this chapter within 30 days. Only if the court
2370	finds that the situation of the child is so extraordinary and
2371	that the best interests of the child will be met by such action
2372	at the time of the judicial review may the case plan be
2373	extended. If the court decides to extend the plan, the court
2374	shall enter detailed findings justifying the decision to extend,
2375	as well as the length of the extension. A termination of
2376	parental rights petition need not be filed if: the child is
2377	being cared for by a relative who chooses not to adopt the child
2378	but who is willing, able, and suitable to serve as the legal
2379	custodian for the child until the child reaches 18 years of age;
2380	the court determines that filing such a petition would not be in
2381	the best interests of the child; or the state has not provided
2382	the child's parent, when reasonable efforts to return a child
2383	are required, consistent with the time period in the state's
2384	case plan, such services as the state deems necessary for the
2385	safe return of the child to his or her home. Failure to initiate
2386	termination of parental rights proceedings at the time of the
2387	12-month judicial review or within 30 days after such review
2388	does not prohibit initiating termination of parental rights
2389	proceedings at any other time.
2390	(3)  Notwithstanding subsection (2), the department may
2391	choose to not file or join in a petition to terminate the
2392	parental rights of a parent under subsection (2) if:
2393	(a)  The child is being cared for by a relative under s.
2394	39.6231;
2395	(b)  The department has documented in the report to the
2396	court a compelling reason for determining that filing such a
2397	petition would not be in the best interest of the child.
2398	Compelling reasons for not filing or joining a petition to
2399	terminate parental rights may include, but are not limited to:
2400	1.  Adoption is not the appropriate permanency goal for the
2401	child;
2402	2.  No grounds to file a petition to terminate parental
2403	rights exist;
2404	3.  The child is an unaccompanied refugee minor as defined
2405	in 45 C.F.R. 400.111;
2406	4.  There are international legal obligations or compelling
2407	reasons relating to foreign policy that would preclude
2408	terminating parental rights; or
2409	5.  The department has not provided to the family,
2410	consistent with the time period in the case plan, services that
2411	the department deems necessary for the safe return of the child
2412	to the home.
2413	(4)  Upon good cause shown by any party or on its own
2414	motion, the court may review the determination by the department
2415	that compelling reasons exist for not filing a petition for
2416	termination of parental rights.
2417	Section 25.  Subsections (1) and (2) of section 39.806,
2418	Florida Statutes, are amended to read:
2419	39.806  Grounds for termination of parental rights.--
2420	(1)  The department, the guardian ad litem, or any person
2421	who has knowledge of the facts alleged or who is informed of
2422	those facts and believes that they are true may petition Grounds
2423	for the termination of parental rights may be established under
2424	any of the following circumstances:
2425	(a)  When the parent or parents have voluntarily executed a
2426	written surrender of the child and consented to the entry of an
2427	order giving custody of the child to the department for
2428	subsequent adoption and the department is willing to accept
2429	custody of the child.
2430	1.  The surrender document must be executed before two
2431	witnesses and a notary public or other person authorized to take
2432	acknowledgments.
2433	2.  The surrender and consent may be withdrawn after
2434	acceptance by the department only after a finding by the court
2435	that the surrender and consent were obtained by fraud or under
2436	duress.
2437	(b)  Abandonment as defined in s. 39.01(1) or when the
2438	identity or location of the parent or parents is unknown and
2439	cannot be ascertained by diligent search within 60 days.
2440	(c)  When the parent or parents engaged in conduct toward
2441	the child or toward other children that demonstrates that the
2442	continuing involvement of the parent or parents in the parent-
2443	child relationship threatens the life, safety, well-being, or
2444	physical, mental, or emotional health of the child irrespective
2445	of the provision of services. Provision of services may be
2446	evidenced by proof that services were provided through a
2447	previous plan or offered as a case plan from a child welfare
2448	agency.
2449	(d)  When the parent of a child is incarcerated in a state
2450	or federal correctional institution and either:
2451	1.  The period of time for which the parent is expected to
2452	be incarcerated will constitute a substantial portion of the
2453	period of time before the child will attain the age of 18 years;
2454	2.  The incarcerated parent has been determined by the
2455	court to be a violent career criminal as defined in s. 775.084,
2456	a habitual violent felony offender as defined in s. 775.084, or
2457	a sexual predator as defined in s. 775.21; has been convicted of
2458	first degree or second degree murder in violation of s. 782.04
2459	or a sexual battery that constitutes a capital, life, or first
2460	degree felony violation of s. 794.011; or has been convicted of
2461	an offense in another jurisdiction which is substantially
2462	similar to one of the offenses listed in this paragraph. As used
2463	in this section, the term "substantially similar offense" means
2464	any offense that is substantially similar in elements and
2465	penalties to one of those listed in this subparagraph, and that
2466	is in violation of a law of any other jurisdiction, whether that
2467	of another state, the District of Columbia, the United States or
2468	any possession or territory thereof, or any foreign
2469	jurisdiction; or
2470	3.  The court determines by clear and convincing evidence
2471	that continuing the parental relationship with the incarcerated
2472	parent would be harmful to the child and, for this reason, that
2473	termination of the parental rights of the incarcerated parent is
2474	in the best interest of the child.
2475	(e)  A petition for termination of parental rights may also
2476	be filed When a child has been adjudicated dependent, a case
2477	plan has been filed with the court, and:
2478	1.  The child continues to be abused, neglected, or
2479	abandoned by the parents. In this case, the failure of the
2480	parents to substantially comply for a period of 12 months after
2481	an adjudication of the child as a dependent child or the child's
2482	placement into shelter care, whichever came first, constitutes
2483	evidence of continuing abuse, neglect, or abandonment unless the
2484	failure to substantially comply with the case plan was due
2485	either to the lack of financial resources of the parents or to
2486	the failure of the department to make reasonable efforts to
2487	reunify the parent and child. The Such 12-month period begins
2488	may begin to run only after the child's placement into shelter
2489	care or the entry of a disposition order placing the custody of
2490	the child with the department or a person other than the parent
2491	and the approval by the court of a case plan with a goal of
2492	reunification with the parent, whichever came first; or
2493	2.  The parent has materially breached the case plan by
2494	making it unlikely that he or she will be able to substantially
2495	comply with the case plan before the time for compliance
2496	expires. Because time is of the essence for permanency of
2497	children in the dependency system and, thus, in order to prove
2498	the parent has materially breached the case plan, the court must
2499	find by clear and convincing evidence that the parent is
2500	unlikely or unable to substantially comply with the case plan
2501	before time expires to comply with the case plan.
2502	(f)  When the parent or parents engaged in egregious
2503	conduct or had the opportunity and capability to prevent and
2504	knowingly failed to prevent egregious conduct that threatens the
2505	life, safety, or physical, mental, or emotional health of the
2506	child or the child's sibling.
2507	1.  As used in this subsection, the term "sibling" means
2508	another child who resides with or is cared for by the parent or
2509	parents regardless of whether the child is related legally or by
2510	consanguinity.
2511	2.  As used in this subsection, the term "egregious
2512	conduct" means abuse, abandonment, neglect, or any other conduct
2513	of the parent or parents that is deplorable, flagrant, or
2514	outrageous by a normal standard of conduct. Egregious conduct
2515	may include an act or omission that occurred only once but was
2516	of such intensity, magnitude, or severity as to endanger the
2517	life of the child.
2518	(g)  When the parent or parents have subjected the child to
2519	aggravated child abuse as defined in s. 827.03, sexual battery
2520	or sexual abuse as defined in s. 39.01, or chronic abuse.
2521	(h)  When the parent or parents have committed murder or
2522	voluntary manslaughter of another child, or a felony assault
2523	that results in serious bodily injury to the child or another
2524	child, or aided or abetted, attempted, conspired, or solicited
2525	to commit such a murder or voluntary manslaughter or felony
2526	assault.
2527	(i)  When the parental rights of the parent to a sibling
2528	have been terminated involuntarily.
2529	(2)  Reasonable efforts to preserve and reunify families
2530	are shall not be required if a court of competent jurisdiction
2531	has determined that any of the events described in paragraphs
2532	(1)(e)-(i) have occurred.
2533	Section 26.  Subsection (1) of section 39.810, Florida
2534	Statutes, is amended to read:
2535	39.810  Manifest best interests of the child.--In a hearing
2536	on a petition for termination of parental rights, the court
2537	shall consider the manifest best interests of the child. This
2538	consideration shall not include a comparison between the
2539	attributes of the parents and those of any persons providing a
2540	present or potential placement for the child. For the purpose of
2541	determining the manifest best interests of the child, the court
2542	shall consider and evaluate all relevant factors, including, but
2543	not limited to:
2544	(1)  Any suitable permanent custody arrangement with a
2545	relative of the child. However, the availability of a
2546	nonadoptive placement with a relative may not receive greater
2547	consideration than any other factor weighing on the manifest
2548	best interest of the child and may not be considered as a factor
2549	weighing against termination of parental rights. If a child has
2550	been in a stable or preadoptive placement for not less than 6
2551	months, the availability of a different placement, including a
2552	placement with a relative, may not be considered as a ground to
2553	deny the termination of parental rights.
2554	Section 27.  Subsection (4) of section 39.811, Florida
2555	Statutes, is amended to read:
2556	39.811  Powers of disposition; order of disposition.--
2557	(4)  If the child is neither in the custody of the
2558	department nor in the custody of a parent and the court finds
2559	that the grounds for termination of parental rights have been
2560	established for either or both parents, the court shall enter an
2561	order terminating parental rights for the parent or parents for
2562	whom the grounds for termination have been established and
2563	placing the child with the department or an appropriate legal
2564	custodian. If the parental rights of both parents have been
2565	terminated, or if the parental rights of only one parent have
2566	been terminated and the court makes specific findings based on
2567	evidence presented that placement with the remaining parent is
2568	likely to be harmful to the child, the court may order that the
2569	child be placed with a legal custodian other than the department
2570	after hearing evidence of the suitability of the such intended
2571	placement. Suitability of the intended placement includes the
2572	fitness and capabilities of the proposed legal custodian to
2573	function as the primary caregiver for a particular child; and
2574	the compatibility of the child with the home in which the child
2575	is intended to be placed. If the court orders that a child be
2576	placed with a legal custodian under this subsection, the court
2577	shall appoint a such legal custodian either as the guardian for
2578	the child as provided in s. 744.3021 or s. 39.621 or as the
2579	long-term custodian of the child as provided in s. 39.622 so
2580	long as the child has been residing with the legal custodian for
2581	a minimum of 6 months. The court may modify the order placing
2582	the child in the custody of the legal custodian and revoke the
2583	guardianship established under s. 744.3021 or another the long-
2584	term custodial relationship if the court subsequently finds the
2585	placement to be no longer in the best interest of the child.
2586	Section 28.  Paragraph (b) of subsection (3) of section
2587	39.0015, Florida Statutes, is amended to read:
2588	39.0015  Child abuse prevention training in the district
2589	school system.--
2590	(3)  DEFINITIONS.--As used in this section:
2591	(b)  "Child abuse" means those acts as defined in ss.
2592	39.01(1), (2), (32), (42), (44), (55) (30), (43), (45), (52),
2593	and (66) (63), 827.04, and 984.03(1), (2), and (37).
2594	Section 29.  Subsection (5) of section 39.205, Florida
2595	Statutes, is amended to read:
2596	39.205  Penalties relating to reporting of child abuse,
2597	abandonment, or neglect.--
2598	(5)  If the department or its authorized agent has
2599	determined after its investigation that a report is false, the
2600	department shall, with the consent of the alleged perpetrator,
2601	refer the report to the local law enforcement agency having
2602	jurisdiction for an investigation to determine whether
2603	sufficient evidence exists to refer the case for prosecution for
2604	filing a false report as defined in s. 39.01(28) s. 39.01(27).
2605	During the pendency of the investigation by the local law
2606	enforcement agency, the department must notify the local law
2607	enforcement agency of, and the local law enforcement agency must
2608	respond to, all subsequent reports concerning children in that
2609	same family in accordance with s. 39.301. If the law enforcement
2610	agency believes that there are indicators of abuse, abandonment,
2611	or neglect, it must immediately notify the department, which
2612	must assure the safety of the children. If the law enforcement
2613	agency finds sufficient evidence for prosecution for filing a
2614	false report, it must refer the case to the appropriate state
2615	attorney for prosecution.
2616	Section 30.  Subsection (1) of section 39.302, Florida
2617	Statutes, is amended to read:
2618	39.302  Protective investigations of institutional child
2619	abuse, abandonment, or neglect.--
2620	(1)  The department shall conduct a child protective
2621	investigation of each report of institutional child abuse,
2622	abandonment, or neglect. Upon receipt of a report that alleges
2623	that an employee or agent of the department, or any other entity
2624	or person covered by s. 39.01(33) or (46) s. 39.01(31) or (47),
2625	acting in an official capacity, has committed an act of child
2626	abuse, abandonment, or neglect, the department shall initiate a
2627	child protective investigation within the timeframe established
2628	by the central abuse hotline under pursuant to s. 39.201(5) and
2629	orally notify the appropriate state attorney, law enforcement
2630	agency, and licensing agency. These agencies shall immediately
2631	conduct a joint investigation, unless independent investigations
2632	are more feasible. When conducting investigations onsite or
2633	having face-to-face interviews with the child, such
2634	investigation visits shall be unannounced unless it is
2635	determined by the department or its agent that the such
2636	unannounced visits would threaten the safety of the child. When
2637	a facility is exempt from licensing, the department shall inform
2638	the owner or operator of the facility of the report. Each agency
2639	conducting a joint investigation is shall be entitled to full
2640	access to the information gathered by the department in the
2641	course of the investigation. A protective investigation must
2642	include an onsite visit of the child's place of residence. In
2643	all cases, the department shall make a full written report to
2644	the state attorney within 3 working days after making the oral
2645	report. A criminal investigation shall be coordinated, whenever
2646	possible, with the child protective investigation of the
2647	department. Any interested person who has information regarding
2648	the offenses described in this subsection may forward a
2649	statement to the state attorney as to whether prosecution is
2650	warranted and appropriate. Within 15 days after the completion
2651	of the investigation, the state attorney shall report the
2652	findings to the department and shall include in the such report
2653	a determination of whether or not prosecution is justified and
2654	appropriate in view of the circumstances of the specific case.
2655	Section 31.  For the purpose of incorporating the
2656	amendments made by this act to section 39.806, Florida Statutes,
2657	in a reference thereto, subsection (5) of section 39.802,
2658	Florida Statutes, is reenacted to read:
2659	39.802  Petition for termination of parental rights;
2660	filing; elements.--
2661	(5)  When a petition for termination of parental rights is
2662	filed under s. 39.806(1), a separate petition for dependency
2663	need not be filed and the department need not offer the parents
2664	a case plan with a goal of reunification, but may instead file
2665	with the court a case plan with a goal of termination of
2666	parental rights to allow continuation of services until the
2667	termination is granted or until further orders of the court are
2668	issued.
2669	Section 32.  Subsection (1) of section 39.828, Florida
2670	Statutes, is amended to read:
2671	39.828  Grounds for appointment of a guardian advocate.--
2672	(1)  The court shall appoint the person named in the
2673	petition as a guardian advocate with all the powers and duties
2674	specified in s. 39.829 for an initial term of 1 year upon a
2675	finding that:
2676	(a)  The child named in the petition is or was a drug
2677	dependent newborn as described in s. 39.01(32)(g) s.
2678	39.01(30)(g);
2679	(b)  The parent or parents of the child have voluntarily
2680	relinquished temporary custody of the child to a relative or
2681	other responsible adult;
2682	(c)  The person named in the petition to be appointed the
2683	guardian advocate is capable of carrying out the duties as
2684	provided in s. 39.829; and
2685	(d)  A petition to adjudicate the child dependent under
2686	pursuant to this chapter has not been filed.
2687	Section 33.  Subsection (3) of section 63.092, Florida
2688	Statutes, is amended to read:
2689	63.092  Report to the court of intended placement by an
2690	adoption entity; at-risk placement; preliminary study.--
2691	(3)  PRELIMINARY HOME STUDY.--Before placing the minor in
2692	the intended adoptive home, a preliminary home study must be
2693	performed by a licensed child-placing agency, a child-caring
2694	agency registered under s. 409.176, a licensed professional, or
2695	agency described in s. 61.20(2), unless the adoptee is an adult
2696	or the petitioner is a stepparent or a relative. If the adoptee
2697	is an adult or the petitioner is a stepparent or a relative, a
2698	preliminary home study may be required by the court for good
2699	cause shown. The department is required to perform the
2700	preliminary home study only if there is no licensed child-
2701	placing agency, child-caring agency registered under s. 409.176,
2702	licensed professional, or agency described in s. 61.20(2), in
2703	the county where the prospective adoptive parents reside. The
2704	preliminary home study must be made to determine the suitability
2705	of the intended adoptive parents and may be completed prior to
2706	identification of a prospective adoptive minor. A favorable
2707	preliminary home study is valid for 1 year after the date of its
2708	completion. Upon its completion, a copy of the home study must
2709	be provided to the intended adoptive parents who were the
2710	subject of the home study. A minor may not be placed in an
2711	intended adoptive home before a favorable preliminary home study
2712	is completed unless the adoptive home is also a licensed foster
2713	home under s. 409.175. The preliminary home study must include,
2714	at a minimum:
2715	(a)  An interview with the intended adoptive parents;
2716	(b)  Records checks of the department's central abuse
2717	registry and criminal records correspondence checks under s.
2718	39.0138 pursuant to s. 435.045 through the Department of Law
2719	Enforcement on the intended adoptive parents;
2720	(c)  An assessment of the physical environment of the home;
2721	(d)  A determination of the financial security of the
2722	intended adoptive parents;
2723	(e)  Documentation of counseling and education of the
2724	intended adoptive parents on adoptive parenting;
2725	(f)  Documentation that information on adoption and the
2726	adoption process has been provided to the intended adoptive
2727	parents;
2728	(g)  Documentation that information on support services
2729	available in the community has been provided to the intended
2730	adoptive parents; and
2731	(h)  A copy of each signed acknowledgment of receipt of
2732	disclosure required by s. 63.085.
2733
2734	If the preliminary home study is favorable, a minor may be
2735	placed in the home pending entry of the judgment of adoption. A
2736	minor may not be placed in the home if the preliminary home
2737	study is unfavorable. If the preliminary home study is
2738	unfavorable, the adoption entity may, within 20 days after
2739	receipt of a copy of the written recommendation, petition the
2740	court to determine the suitability of the intended adoptive
2741	home. A determination as to suitability under this subsection
2742	does not act as a presumption of suitability at the final
2743	hearing. In determining the suitability of the intended adoptive
2744	home, the court must consider the totality of the circumstances
2745	in the home. No minor may be placed in a home in which there
2746	resides any person determined by the court to be a sexual
2747	predator as defined in s. 775.21 or to have been convicted of an
2748	offense listed in s. 63.089(4)(b)2.
2749	Section 34.  Paragraph (b) of subsection (3) of section
2750	409.165, Florida Statutes, is amended to read:
2751	409.165  Alternate care for children.--
2752	(3)  With the written consent of parents, custodians, or
2753	guardians, or in accordance with those provisions in chapter 39
2754	that relate to dependent children, the department, under rules
2755	properly adopted, may place a child:
2756	(b)  With an adult nonrelative approved by the court for
2757	permanent guardianship long-term custody;
2758
2759	under such conditions as are determined to be for the best
2760	interests or the welfare of the child. Any child placed in an
2761	institution or in a family home by the department or its agency
2762	may be removed by the department or its agency, and such other
2763	disposition may be made as is for the best interest of the
2764	child, including transfer of the child to another institution,
2765	another home, or the home of the child. Expenditure of funds
2766	appropriated for out-of-home care can be used to meet the needs
2767	of a child in the child's own home or the home of a relative if
2768	the child can be safely served in the child's own home or that
2769	of a relative if placement can be avoided by the expenditure of
2770	such funds, and if the expenditure of such funds in this manner
2771	is calculated by the department to be a potential cost savings.
2772	Section 35.  Paragraph (d) of subsection (1) of section
2773	419.001, Florida Statutes, is amended to read:
2774	419.001  Site selection of community residential homes.--
2775	(1)  For the purposes of this section, the following
2776	definitions shall apply:
2777	(d)  "Resident" means any of the following: a frail elder
2778	as defined in s. 400.618; a physically disabled or handicapped
2779	person as defined in s. 760.22(7)(a); a developmentally disabled
2780	person as defined in s. 393.063; a nondangerous mentally ill
2781	person as defined in s. 394.455(18); or a child who is found to
2782	be dependent or a child in need of services as defined in s.
2783	39.01(14), s. 984.03(9) or (12), or s. 985.03(8).
2784	Section 36.  Sections 39.601, 39.622, 39.623, 39.624, and
2785	435.045, Florida Statutes, are repealed.
2786	Section 37.  This act shall take effect July 1, 2006.

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