Senate Bill sb1814

    Florida Senate - 2007                                  SB 1814

    By Senator Posey





    24-1688-07

  1                      A bill to be entitled

  2         An act relating to dependent minors; amending

  3         s. 39.01, F.S.; providing that a child who has

  4         been previously adjudicated as delinquent for

  5         posing a threat to the safety of others and who

  6         is no longer welcome in his or her home is

  7         considered dependent; amending s. 39.507, F.S.;

  8         prohibiting the court from imposing sanctions

  9         against the parent or guardian of a child who

10         is found to be dependent and is no longer

11         welcome in his or her home; providing an

12         effective date.

13  

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

15  

16         Section 1.  Subsection (14) of section 39.01, Florida

17  Statutes, is amended to read:

18         39.01  Definitions.--When used in this chapter, unless

19  the context otherwise requires:

20         (14)  "Child who is found to be dependent" means a

21  child who, pursuant to this chapter, is found by the court:

22         (a)  To have been abandoned, abused, or neglected by

23  the child's parent or parents or legal custodians;

24         (b)  To have been surrendered to the department, the

25  former Department of Health and Rehabilitative Services, or a

26  licensed child-placing agency for purpose of adoption;

27         (c)  To have been voluntarily placed with a licensed

28  child-caring agency, a licensed child-placing agency, an adult

29  relative, the department, or the former Department of Health

30  and Rehabilitative Services, after which placement, under the

31  requirements of this chapter, a case plan has expired and the

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






    Florida Senate - 2007                                  SB 1814
    24-1688-07




 1  parent or parents or legal custodians have failed to

 2  substantially comply with the requirements of the plan;

 3         (d)  To have been voluntarily placed with a licensed

 4  child-placing agency for the purposes of subsequent adoption,

 5  and a parent or parents have signed a consent pursuant to the

 6  Florida Rules of Juvenile Procedure;

 7         (e)  To have no parent or legal custodians capable of

 8  providing supervision and care; or

 9         (f)  To be at substantial risk of imminent abuse,

10  abandonment, or neglect by the parent or parents or legal

11  custodians; or.

12         (g)  To have been previously adjudicated as delinquent

13  for posing a threat to the safety of his or her parent,

14  family, or guardian and who, upon release, is unwelcome to

15  return to his or her home.

16         Section 2.  Subsection (11) is added to section 39.507,

17  Florida Statutes, to read:

18         39.507  Adjudicatory hearings; orders of

19  adjudication.--

20         (11)  If a child is found to be dependent under s.

21  39.01(14)(g), the court may not impose sanctions for

22  noncompliance upon the person who had custody of the child.

23         Section 3.  This act shall take effect upon becoming a

24  law.

25  

26            *****************************************

27                          SENATE SUMMARY

28    Provides that a child who has been previously adjudicated
      as a delinquent for posing a threat to the safety of
29    others and is no longer welcome in his or her home is
      considered dependent. Provides for withholding of
30    adjudication of a minor found dependent who poses a
      threat to the safety of others.
31  

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