Florida Senate - 2008 PROPOSED COMMITTEE SUBSTITUTE

Bill No. SB 1048

509848

586-03990A-08

Proposed Committee Substitute by the Committee on Children,

Families, and Elder Affairs.

A bill to be entitled

An act relating to child protection; amending s. 39.01,

F.S.; redefining the terms "abandoned," "harm," and

"relative"; defining the term "child who has exhibited

inappropriate sexual behavior"; amending s. 39.0121, F.S.;

authorizing the Department of Children and Family Services

to adopt rules providing for locating and recovering

missing children who are involved with the department;

providing requirements for reports; amending s. 39.0138,

F.S.; requiring a criminal history check of persons being

considered for placement of a child to include a search of

the department's automated abuse information system;

authorizing the department to adopt rules establishing

standards for evaluating such information; creating s.

39.0141, F.S.; requiring the department, the community-

based care provider, or sheriff's office to file a report

following a determination that a child involved with the

department is missing; amending s. 39.201, F.S.; providing

for the reporting of a child who has exhibited

inappropriate sexual behavior to the central abuse

hotline; amending s. 39.301, F.S.; providing certain

exceptions to the requirements that a child protective

investigation be closed within 60 days; amending s.

39.307, F.S.; revising provision relating to the provision

of services to a child in cases of child-on-child sexual

abuse to include a child who has exhibited inappropriate

sexual behavior; amending s. 39.401, F.S.; requiring

judicial approval for the placement of a child with a

nonrelative; amending s. 39.502, F.S.; providing for

notice to foster or preadoptive parents of any hearings

involving the child in their care; amending s. 39.504,

F.S.; revising procedures related to injunctions issued to

protect a child; requiring that such injunctions remain in

effect until modified or dissolved by the court; amending

s. 39.521, F.S.; providing an exception from the

requirement for a predisposition study in dependency

proceedings; conforming cross-references; amending s.

39.701, F.S.; requiring that notice of a judicial review

of a child's status be served on certain persons

regardless of whether they attended a prior hearing at

which the hearing was announced; amending s. 39.8055,

F.S.; revising provisions relating to filing a petition to

terminate parental rights; expanding the grounds for

terminating parental rights to include conviction for the

murder, manslaughter, or conspiracy to murder another

child of the parent; amending s. 39.806, F.S.; adding

additional grounds for terminating parental rights;

creating s. 39.8061, F.S.; providing criteria for the

court's determination of the least restrictive means of

protecting a child's when considering a termination of

parental rights; amending s. 63.032, F.S.; redefining the

term "relative"; amending s. 322.142, F.S.; authorizing

the Department of Children and Family Services to be

provided copies of driver's license files maintained by

the Department of Highway Safety and Motor Vehicles for

the purpose of conducting protective investigations;

amending s. 402.401, F.S., relating to the Florida Child

Welfare Student Loan Forgiveness Program; transferring

administration of the program to the Department of

Children and Family Services; amending s. 409.175, F.S.;

revising requirements for licensure as a foster home or

child-caring agency; deleting the exemption from licensure

for persons who receive a child from the department;

clarifying that a permanent guardian is exempt from

licensure; amending s. 409.401, F.S.; revising provisions

relating to the Interstate Compact on the Placement of

Children; narrowing the applicability of the compact to

children in the foster care system and to the interstate

placement of children for adoption; allowing for

residential facility placement with notice to the

receiving state; allowing for the provisional placement of

children with a relative pending meeting the receiving

state's requirements for the education and training of

prospective foster or adoptive parents; requiring the

development of timeframes for completing the placement

approval process; providing enforcement mechanisms;

creating an Interstate Commission for the Placement of

Children comprised of the member states; establishing

rulemaking authority for the commission; repealing ss.

409.402 and 409.403, F.S., relating to the Interstate

Compact on the Placement of Children; amending s. 409.404,

F.S.; deleting cross-references; amending s. 787.04, F.S.;

prohibiting a person from knowingly and willfully taking

or removing a minor from the state or concealing the

location of a minor during the pendency of a dependency

proceeding or any other action concerning alleged abuse or

neglect of the minor; amending s. 937.021, F.S.; requiring

that a report of a missing child made by the department, a

community-based care provider, or a sheriff's office be

treated as a missing child report filed by a parent or

guardian; prohibiting a law enforcement agency from

requiring an order that a child be taken into custody or

any other such order before accepting a missing child

report for investigation; amending s. 985.04, F.S.;

providing for the disclosure of certain records relating

to children having a history of inappropriate sexual

behavior to schools superintendents; amending chapter

2007-174, Laws of Florida; extending the date for the

repeal of provisions authorizing the reorganization of the

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Department of Children and Family Services; providing for

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retroactive application; amending ss. 39.0015, 39.205,

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39.302, 39.6011, 39.811, 39.828, and 419.001, F.S.;

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conforming cross-references; providing effective dates.

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

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Section 1. Subsection (1), paragraph (g) of present

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subsection (31), and present subsection (63) of section 39.01,

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Florida Statutes, are amended, present subsections (14) through

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(74) are renumbered as subsections (15) through (75),

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respectively, and a new subsection (14) is added to that section,

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to read:

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

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context otherwise requires:

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(1) "Abandoned" or "abandonment" means a situation in which

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the parent or legal custodian of a child or, in the absence of a

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parent or legal custodian, the caregiver responsible for the

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child's welfare, while being able, makes no provision for the

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child's support and has failed to establish or maintain a

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substantial and positive relationship with the child. For

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purposes of this subsection, "establish or maintain a substantial

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and positive relationship" includes, but is not limited to,

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frequent and regular contact with the child through frequent and

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regular visitation or frequent and regular communication to or

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with the child, and the exercise of parental rights and

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responsibilities. Incidental or token visits or communications

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are not sufficient to establish or maintain a substantial and

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positive relationship with a child. and makes no effort to

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communicate with the child, which situation is sufficient to

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evince a willful rejection of parental obligations. If the

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efforts of the parent or legal custodian, or caregiver primarily

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responsible for the child's welfare, to support and communicate

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with the child are, in the opinion of the court, only marginal

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efforts that do not evince a settled purpose to assume all

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parental duties, the court may declare the child to be abandoned.

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The term "abandoned" does not include an abandoned newborn infant

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as described in s. 383.50, a "child in need of services" as

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defined in chapter 984, or a "family in need of services" as

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defined in chapter 984. The incarceration of a parent, legal

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custodian, or caregiver responsible for a child's welfare may

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support a finding of abandonment.

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(14) "Child who has exhibited inappropriate sexual

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behavior" means a toddler or young child who is 12 years of age

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or younger and who has been found by the department or the court

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to have committed an inappropriate sexual act on himself or

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herself or another individual.

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(32)(31) "Harm" to a child's health or welfare can occur

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when any person:

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(g) Exposes a child to a controlled substance or alcohol.

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Exposure to a controlled substance or alcohol is established by:

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1. A test, administered at birth, which indicated that the

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child's blood, urine, or meconium contained any amount of alcohol

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or a controlled substance or metabolites of such substances, the

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presence of which was not the result of medical treatment

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administered to the mother or the newborn infant Use by the

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mother of a controlled substance or alcohol during pregnancy when

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the child, at birth, is demonstrably adversely affected by such

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usage; or

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2. Evidence of extensive, abusive, and Continued chronic

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and severe use of a controlled substance or alcohol by a parent

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when the child is demonstrably adversely affected by such usage.

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As used in this paragraph, the term "controlled substance" means

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prescription drugs not prescribed for the parent or not

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administered as prescribed and controlled substances as outlined

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in Schedule I or Schedule II of s. 893.03.

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(64)(63) "Relative" means a grandparent, great-grandparent,

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sibling, first cousin, aunt, uncle, great-aunt, great-uncle,

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niece, or nephew, whether related by the whole or half blood, by

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affinity, or by adoption. The term may include the adoptive

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parent of a blood sibling who was adopted from the child welfare

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system. The term does not include a stepparent.

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Section 2. Subsection (16) is added to section 39.0121,

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Florida Statutes, to read:

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39.0121 Specific rulemaking authority.--Pursuant to the

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requirements of s. 120.536, the department is specifically

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authorized to adopt, amend, and repeal administrative rules which

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implement or interpret law or policy, or describe the procedure

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and practice requirements necessary to implement this chapter,

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including, but not limited to, the following:

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(16) Provisions for reporting, locating, recovering, and

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stabilizing children whose whereabouts become unknown while they

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are involved with the department and for preventing recurrences

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of such incidents. At a minimum, the rules must:

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(a) Provide comprehensive, explicit, and consistent

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guidelines to be followed by the department's employees and

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contracted providers when the whereabouts of a child involved

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with the department is unknown.

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(b) Include criteria to determine when a child is missing

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for purposes of making a report to a law enforcement agency, and

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require that in all cases in which a law enforcement agency has

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accepted a case for criminal investigation pursuant to s.

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39.301(2)(c) and the child's whereabouts are unknown, the child

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shall be considered missing and a report made.

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providers to ensure and provide evidence that parents and

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guardians have been advised of the requirements of s. 787.04(3)

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and that violations are reported.

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Section 3. Subsection (1) of section 39.0138, Florida

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Statutes, is amended, and subsection (8) is added to that

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section, to read:

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39.0138 Criminal history records check; limit on placement

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of a child.--

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(1) The department shall conduct a criminal history records

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check on for all persons being considered by the department for

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approval for placement of a child subject to a placement decision

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under this chapter, including all nonrelative placement

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decisions, all members of the household of the person being

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considered, and frequent visitors to the household. For purposes

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of this section, a criminal history records check may include,

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but is not limited to, submission of fingerprints to the

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Department of Law Enforcement for processing and forwarding to

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the Federal Bureau of Investigation for state and national

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criminal history information, and local criminal records checks

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through local law enforcement agencies. A criminal history

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records check must also include a search of the department's

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automated abuse information system. The department shall

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establish by rule standards for evaluating any information

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contained in the automated system relating to a person who must

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be screened for purposes of making a placement decision.

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Section 4. Section 39.0141, Florida Statutes, is created to

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read:

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39.0141 Missing children; report required.--Whenever the

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whereabouts of a child involved with the department becomes

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unknown, the department, the community-based care provider, or

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the sheriff's office providing investigative services for the

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department shall make reasonable efforts, as defined by rule, to

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locate the child. If, pursuant to criteria established by rule,

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the child is determined to be missing, the department, the

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community-based care provider, or the sheriff's office shall file

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a report that the child is missing in accordance with s. 937.021.

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Section 5. Paragraph (f) of subsection (2) of section

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39.201, Florida Statutes, is amended to read:

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39.201 Mandatory reports of child abuse, abandonment, or

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neglect; mandatory reports of death; central abuse hotline.--

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(2)

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(f) Reports involving a known or suspected juvenile sexual

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offender or a child who has exhibited inappropriate sexual

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behavior shall be made and received by the department.

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1. The department shall determine the age of the alleged

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juvenile sexual offender, if known.

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2. If When the alleged juvenile sexual offender is 12 years

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of age or younger, the central abuse hotline shall immediately

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electronically transfer the call to the appropriate law

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enforcement agency office. The department shall conduct an

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assessment and assist the family in receiving appropriate

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services pursuant to s. 39.307, and send a written report of the

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allegation to the law enforcement agency appropriate county

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sheriff's office within 48 hours after the initial report is made

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to the central abuse hotline.

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3. If When the alleged juvenile sexual offender is 13 years

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of age or older, the central abuse hotline department shall

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immediately electronically transfer the call to the appropriate

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law enforcement agency county sheriff's office by the central

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abuse hotline, and send a written report to the law enforcement

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agency appropriate county sheriff's office within 48 hours after

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the initial report to the central abuse hotline.

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Section 6. Subsection (16) of section 39.301, Florida

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Statutes, is amended to read:

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39.301 Initiation of protective investigations.--

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(16) The department shall complete its protective

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investigation within No later than 60 days after receiving the

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initial report, unless: the local office of the department shall

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complete its investigation.

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(a) There is also an active, concurrent criminal

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investigation that is continuing beyond the 60-day period and the

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closure of the protective investigation may compromise successful

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criminal prosecution of the child abuse or neglect case, in which

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case the closure date shall coincide with the closure date of the

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criminal investigation and any resulting legal action.

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(b) In child death cases, the final report of the medical

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examiner is necessary for the department to close its

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investigation, and the report has not been received within the

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60-day period, in which case the report closure date shall be

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extended to accommodate to the report.

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declared missing by the department, a law enforcement agency, or

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a court, in which case the 60-day period shall be extended until

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the child has been located or until sufficient information exists

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to close the investigation despite the unknown location of the

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child.

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Section 7. Subsections (2), (3), (4), and (5) of section

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39.307, Florida Statutes, are amended to read:

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39.307 Reports of child-on-child sexual abuse.--

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(2) District staff, at a minimum, shall adhere to the

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following procedures:

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(a) The purpose of the response to a report alleging

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juvenile sexual abuse behavior shall be explained to the

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caregiver.

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1. The purpose of the response shall be explained in a

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manner consistent with legislative purpose and intent provided in

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this chapter.

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2. The name and office telephone number of the person

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responding shall be provided to the caregiver of the alleged

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juvenile sexual offender or child who has exhibited inappropriate

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sexual behavior and the victim's caregiver.

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3. The possible consequences of the department's response,

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including outcomes and services, shall be explained to the

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caregiver of the alleged juvenile sexual offender or child who

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has exhibited inappropriate sexual behavior and the victim's

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family or caregiver.

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(b) The caregiver of the alleged juvenile sexual offender

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or child who has exhibited inappropriate sexual behavior and the

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victim's caregiver of the victim shall be involved to the fullest

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extent possible in determining the nature of the allegation and

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the nature of any problem or risk to other children.

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needs of the alleged juvenile sexual offender or child who has

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exhibited inappropriate sexual behavior, the victim, and

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respective caregivers shall be conducted by the district staff,

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the child protection team of the Department of Health, and other

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providers under contract with the department to provide services

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to the caregiver of the alleged offender, the victim, and the

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victim's caregiver.

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(d) The assessment shall be conducted in a manner that is

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sensitive to the social, economic, and cultural environment of

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the family.

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(e) If When necessary, the child protection team of the

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Department of Health shall conduct a physical examination of the

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victim, which is sufficient to meet forensic requirements.

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(f) Based on the information obtained from the alleged

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juvenile sexual offender or child who has exhibited inappropriate

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sexual behavior, his or her the alleged juvenile sexual

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offender's caregiver, the victim, and the victim's caregiver, an

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assessment service and treatment needs report must be completed

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within 7 days and, if needed, a case plan developed within 30

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days.

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(g) The department shall classify the outcome of its

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initial assessment of the report as follows:

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1. Report closed. Services were not offered to the alleged

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juvenile sexual offender because the department determined that

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there was no basis for intervention.

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2. Services accepted by alleged offender. Services were

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offered to the alleged juvenile sexual offender or child who has

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exhibited inappropriate sexual behavior and accepted by the

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caregiver.

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3. Report closed. Services were offered to the alleged

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juvenile sexual offender or child who has exhibited inappropriate

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sexual behavior, but were rejected by the caregiver.

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4. Notification to law enforcement. Either The risk to the

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victim's safety and well-being cannot be reduced by the provision

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of services or the caregiver family rejected services, and

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notification of the alleged delinquent act or violation of law to

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the appropriate law enforcement agency was initiated.

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5. Services accepted by victim. Services were offered to

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the victim of the alleged juvenile sexual offender and accepted

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by the caregiver.

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6. Report closed. Services were offered to the victim of

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the alleged juvenile sexual offender, but were rejected by the

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caregiver.

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(3) If When services have been accepted by the alleged

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juvenile sexual offender or child who has exhibited inappropriate

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sexual behavior, the victim, and respective caregivers or family,

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the department shall designate a case manager and develop a

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specific case plan.

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(a) Upon receipt of the plan, the caregiver or family shall

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indicate its acceptance of the plan in writing.

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(b) The case manager shall periodically review the progress

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toward achieving the objectives of the plan in order to:

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1. Make adjustments to the plan or take additional action

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as provided in this part; or

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2. Terminate the case if when indicated by successful or

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substantial achievement of the objectives of the plan.

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(4) Services provided to the alleged juvenile sexual

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offender or child who has exhibited inappropriate sexual

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behavior, the victim, and respective caregivers or family must be

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voluntary and of necessary duration.

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(5)(4) If In the event the family or caregiver of the

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alleged juvenile sexual offender or child who has exhibited

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inappropriate sexual behavior fails to adequately participate or

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allow for the adequate participation of the child juvenile sexual

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offender in the services or treatment delineated in the case

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plan, the case manager may recommend that the department:

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(a) Close the case;

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(b) Refer the case to mediation or arbitration, if

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available; or

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failure to comply.

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(5) Services to the alleged juvenile sexual offender, the

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victim, and respective caregivers or family under this section

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shall be voluntary and of necessary duration.

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Section 8. Subsection (3) of section 39.401, Florida

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Statutes, is amended, and subsection (5) is added to that

384

section, to read:

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39.401 Taking a child alleged to be dependent into custody;

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law enforcement officers and authorized agents of the

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department.--

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(3) If the child is taken into custody by, or is delivered

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to, an authorized agent of the department, the authorized agent

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shall review the facts supporting the removal with an attorney

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representing the department. The purpose of the this review is

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shall be to determine whether there is probable cause exists for

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the filing of a shelter petition.

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(a) If the facts are not sufficient to support the filing

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of a shelter petition, the child shall immediately be returned to

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the custody of the parent or legal custodian.

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(b) If the facts are sufficient to support the filing of

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the shelter petition and the child has not been returned to the

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custody of the parent or legal custodian, the department shall

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file the petition and schedule a hearing, and the attorney

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representing the department shall request that a shelter hearing

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be held within as quickly as possible, not to exceed 24 hours

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after the removal of the child. While awaiting the shelter

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hearing, the authorized agent of the department may place the

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child in licensed shelter care or may release the child to a

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parent or legal custodian or responsible adult relative who shall

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be given priority consideration over a licensed placement, or a

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responsible adult approved by the department if when this is in

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the best interests of the child. Any Placement of a child which

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is not in a licensed shelter must be preceded by a criminal

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history records check as required under s. 39.0138 local and

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state criminal records check, as well as a search of the

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department's automated abuse information system, on all members

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of the household, to assess the child's safety within the home.

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In addition, the department may authorize placement of a

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housekeeper/homemaker in the home of a child alleged to be

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dependent until the parent or legal custodian assumes care of the

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child.

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(5) Judicial review and approval is required within 24

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hours after placement for all nonrelative placements. A

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nonrelative placement must be for a specific and predetermined

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period of time, not to exceed 12 months, and shall be reviewed by

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the court at least every 6 months. If the nonrelative placement

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continues for longer than 12 months, the department shall request

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the court to establish permanent guardianship or require that the

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nonrelative seek licensure as a foster care provider within 30

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days after the court decision.

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Section 9. Subsection (17) of section 39.502, Florida

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Statutes, is amended to read:

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39.502 Notice, process, and service.--

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(17) The parent or legal custodian of the child, the

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attorney for the department, the guardian ad litem, the foster or

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preadoptive parents, and all other parties and participants shall

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be given reasonable notice of all proceedings and hearings

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provided for under this part. All foster or preadoptive parents

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must be provided with at least 72 hours' notice, verbally or in

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writing, of all proceedings or hearings relating to children in

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their care or children they are seeking to adopt to ensure the

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ability to provide input to the court.

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Section 10. Section 39.504, Florida Statutes, is amended to

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read:

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39.504 Injunction pending disposition of petition;

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penalty.--

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(1)(a) At any time after a protective investigation has

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been initiated pursuant to part III of this chapter When a

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petition for shelter placement or a petition for dependency has

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been filed or when a child has been taken into custody and

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reasonable cause, as defined in paragraph (b), exists, the court,

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upon the request of the department, a law enforcement officer,

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the state attorney, or other responsible person, or upon its own

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motion, may, if there is reasonable cause, shall have the

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authority to issue an injunction to prevent any act of child

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abuse or any unlawful sexual offense involving a child.

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(b) Reasonable cause for the issuance of an injunction

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exists if there is evidence of child abuse or an unlawful sexual

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offense involving a child or if there is a reasonable likelihood

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of such abuse or offense occurring based upon a recent overt act

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or failure to act.

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(2) Notice shall be provided to the parties as set forth in

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the Florida Rules of Juvenile Procedure, unless the child is

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reported to be in imminent danger, in which case the court may

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issue an injunction immediately. A judge may issue an emergency

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injunction pursuant to this section without notice if at times

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when the court is closed for the transaction of judicial

465

business. If When such an immediate injunction is issued, the

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court must shall hold a hearing on the next day of judicial

467

business either to dissolve the injunction or to continue or

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modify it in accordance with the other provisions of this

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section.

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(3)(a) If In every instance in which an injunction is

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issued under this section, the primary purpose of the injunction

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must be shall be primarily to protect and promote the best

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interests of the child, taking the preservation of the child's

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immediate family into consideration. The effective period of the

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injunction shall be determined by the court, except that the

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injunction will expire at the time of the disposition of the

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petition for shelter placement or dependency.

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(a)(b) The injunction shall apply to the alleged or actual

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offender in a case of child abuse or acts of domestic violence an

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unlawful sexual offense involving a child. The conditions of the

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injunction shall be determined by the court, which conditions may

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include ordering the alleged or actual offender to:

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1. Refrain from further abuse or acts of domestic violence

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unlawful sexual activity involving a child.

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2. Participate in a specialized treatment program.

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3. Limit contact or communication with the child victim,

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other children in the home, or any other child.

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4. Refrain from contacting the child at home, school, work,

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or wherever the child may be found.

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5. Have limited or supervised visitation with the child.

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6. Pay temporary support for the child or other family

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members; the costs of medical, psychiatric, and psychological

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treatment for the child victim incurred as a result of the

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offenses; and similar costs for other family members.

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7. Vacate the home in which the child resides.

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(b)(c) If the intent of the injunction is to protect the

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child from domestic violence, the conditions may also include:

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1. Awarding the exclusive use and possession of the

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dwelling to the caregiver or excluding the alleged or actual

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offender from the residence of the caregiver.

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2. Awarding the temporary custody of the child to the

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caregiver.

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3. Establishing temporary support for the child. At any

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time prior to the disposition of the petition, the alleged or

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actual offender may offer the court evidence of changed

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circumstances as a ground to dissolve or modify the injunction.

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This paragraph does not preclude the adult victim of domestic

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violence from seeking protection under s. 741.30.

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until modified or dissolved by the court. The petitioner,

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respondent, or caregiver may move at any time to modify or

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dissolve the injunction. The injunction is valid and enforceable

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in all counties in the state.

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(4) A copy of any injunction issued pursuant to this

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section shall be delivered to the protected party, or a parent or

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caregiver or individual acting in the place of a parent who is

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not the respondent by, and to any law enforcement agency having

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jurisdiction to enforce the such injunction. Upon delivery of the

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injunction to the appropriate law enforcement agency, the agency

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shall have the duty and responsibility to enforce the injunction,

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and law enforcement officers may exercise their arrest powers as

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provided in s. 901.15(6).

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(5) Any person who fails to comply with an injunction

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issued pursuant to this section commits is guilty of a

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misdemeanor of the first degree, punishable as provided in s.

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775.082 or s. 775.083.

528

Section 11. Paragraphs (a) and (f) of subsection (1) of

529

section 39.521, Florida Statutes, are amended to read:

530

39.521 Disposition hearings; powers of disposition.--

531

(1) A disposition hearing shall be conducted by the court,

532

if the court finds that the facts alleged in the petition for

533

dependency were proven in the adjudicatory hearing, or if the

534

parents or legal custodians have consented to the finding of

535

dependency or admitted the allegations in the petition, have

536

failed to appear for the arraignment hearing after proper notice,

537

or have not been located despite a diligent search having been

538

conducted.

539

(a) A written case plan and a predisposition study prepared

540

by an authorized agent of the department must be filed with the

541

court, and served upon the parents of the child, provided to the

542

representative of the guardian ad litem program, if the program

543

has been appointed, and provided to all other parties, not less

544

than 72 hours before the disposition hearing. All such case plans

545

must be approved by the court. If the court does not approve the

546

case plan at the disposition hearing, the court must set a

547

hearing within 30 days after the disposition hearing to review

548

and approve the case plan. The court may grant an exception to

549

the requirement for a predisposition study by separate order or

550

within the judge's order of disposition upon finding that all the

551

family and child information required by subsection (2) is

552

available in other documents filed with the court.

553

(f) If the court places the child in an out-of-home

554

placement, the disposition order must include a written

555

determination that the child cannot safely remain at home with

556

reunification or family preservation services and that removal of

557

the child is necessary to protect the child. If the child is has

558

been removed before the disposition hearing, the order must also

559

include a written determination as to whether, after removal, the

560

department has made a reasonable effort to reunify the parent and

561

child, if reasonable efforts are required. Reasonable efforts to

562

reunify are not required if the court finds has found that any of

563

the acts listed in s. 39.806(1)(f)-(l) s. 39.806(1)(f)-(i) have

564

occurred. The department has the burden of demonstrating that it

565

has made reasonable efforts under this paragraph.

566

1. For the purposes of this paragraph, the term "reasonable

567

effort" means the exercise of reasonable diligence and care by

568

the department to provide the services ordered by the court or

569

delineated in the case plan.

570

2. In support of its determination as to whether reasonable

571

efforts have been made, the court shall:

572

a. Enter written findings as to whether or not prevention

573

or reunification efforts were indicated.

574

b. If prevention or reunification efforts were indicated,

575

include a brief written description of what appropriate and

576

available prevention and reunification efforts were made.

577

c. Indicate in writing why further efforts could or could

578

not have prevented or shortened the separation of the parent and

579

child.

580

3. A court may find that the department has made a

581

reasonable effort to prevent or eliminate the need for removal

582

if:

583

a. The first contact of the department with the family

584

occurs during an emergency;

585

b. The appraisal by the department of the home situation

586

indicates that it presents a substantial and immediate danger to

587

the child's safety or physical, mental, or emotional health which

588

cannot be mitigated by the provision of preventive services;

589

c. The child cannot safely remain at home, either because

590

there are no preventive services that can ensure the health and

591

safety of the child or, even with appropriate and available

592

services being provided, the health and safety of the child

593

cannot be ensured; or

594

d. The parent is alleged to have committed any of the acts

595

listed as grounds for expedited termination of parental rights

596

under s. 39.806(1)(f)-(l) in s. 39.806(1)(f)-(i).

597

4. A reasonable effort by the department for reunification

598

of the parent and child has been made if the appraisal of the

599

home situation by the department indicates that the severity of

600

the conditions of dependency is such that reunification efforts

601

are inappropriate. The department has the burden of demonstrating

602

to the court that reunification efforts were inappropriate.

603

5. If the court finds that the prevention or reunification

604

effort of the department would not have permitted the child to

605

remain safely at home, the court may commit the child to the

606

temporary legal custody of the department or take any other

607

action authorized by this chapter.

608

Section 12. Subsection (5) of section 39.701, Florida

609

Statutes, is amended to read:

610

39.701 Judicial review.--

611

(5) Notice of a judicial review hearing or a citizen review

612

panel hearing, and a copy of the motion for judicial review, if

613

any, must be served by the clerk of the court upon on all of the

614

following persons regardless of whether the person was present at

615

the previous hearing at which the date, time, and location of the

616

hearing was announced:

617

(a) The social service agency charged with the supervision

618

of care, custody, or guardianship of the child, if that agency is

619

not the movant.

620

(b) The foster parent or legal custodian in whose home the

621

child resides.

622

623

(d) The guardian ad litem for the child, or the

624

representative of the guardian ad litem program if the program

625

has been appointed.

626

(e) Any preadoptive parent.

627

(f) Such other persons as the court may in its discretion

628

direct.

629

630

Service of notice is not required on any of the persons listed in

631

paragraphs (a)-(f) if the person was present at the previous

632

hearing during which the date, time, and location of the hearing

633

was announced.

634

Section 13. Subsection (1) of section 39.8055, Florida

635

Statutes, is amended to read:

636

39.8055 Requirement to file a petition to terminate

637

parental rights; exceptions.--

638

(1) The department shall file a petition to terminate

639

parental rights within 60 days after any of the following if:

640

(a) At the time of the 12-month judicial review hearing, a

641

child is not returned to the physical custody of the parents;

642

(b) A petition for termination of parental rights has not

643

otherwise been filed, and the child has been in out-of-home care

644

under the responsibility of the state for 12 15 of the most

645

recent 22 months, calculated on a cumulative basis, but not

646

including any trial home visits or time during which the child

647

was a runaway;

648

649

parent, manslaughter of the other parent, aiding or abetting the

650

murder, or conspiracy or solicitation to murder the other parent

651

or another child of the parent, or a felony battery that resulted

652

in serious bodily injury to the child or to another any other

653

child of the parent; or

654

(d) A court determines that reasonable efforts to reunify

655

the child and parent are not required.

656

Section 14. Paragraphs (e) though (h) of subsection (1) of

657

section 39.806, Florida Statutes, are amended, paragraphs (j),

658

(k), and (l) are added to that subsection, and subsections (2),

659

(3), and (4) of that section are amended, to read:

660

39.806 Grounds for termination of parental rights.--

661

(1) Grounds for the termination of parental rights may be

662

established under any of the following circumstances:

663

(e) The When a child has been adjudicated dependent, a case

664

plan has been filed with the court, and the parent or parents

665

have materially breached the case plan. For purposes of this

666

subsection, the term "materially breached" means:

667

1. The child continues to be abused, neglected, or

668

abandoned by the parent or parents. In this case, The failure of

669

the parent or parents to substantially comply for a period of 9-

670

months 12 months after an adjudication of the child as a

671

dependent child or the child's placement into shelter care,

672

whichever occurs came first, constitutes evidence of continuing

673

abuse, neglect, or abandonment unless the failure to

674

substantially comply with the case plan was due either to the

675

parent's lack of financial resources of the parents or to the

676

failure of the department to make reasonable efforts to reunify

677

the parent and child. The 9-month 12-month period begins to run

678

only after the child's placement into shelter care or the entry

679

of a disposition order placing the custody of the child with the

680

department or a person other than the parent and the court's

681

approval by the court of a case plan having the with a goal of

682

reunification with the parent, whichever occurs came first; or

683

2. The parent or parents are unlikely or unable The parent

684

has materially breached the case plan by making it unlikely that

685

he or she will be able to substantially comply with the case plan

686

before the time for compliance expires; or. Time is of the

687

essence for permanency of children in the dependency system. In

688

order to prove the parent has materially breached the case plan,

689

the court must find by clear and convincing evidence that the

690

parent is unlikely or unable to substantially comply with the

691

case plan before time expires to comply with the case plan.

692

3. The parent or parents, although able, fail to maintain

693

frequent and regular contact with the child through frequent and

694

regular visitation or communication.

695

(f) When The parent or parents engaged in egregious conduct

696

or had the opportunity and capability to prevent and knowingly

697

failed to prevent egregious conduct that threatens the life,

698

safety, or physical, mental, or emotional health of the child or

699

the child's sibling.

700

1. As used in this subsection, the term "sibling" means

701

another child who resides with or is cared for by the parent or

702

parents regardless of whether the child is related legally or by

703

consanguinity.

704

2. As used in this subsection, the term "egregious conduct"

705

means abuse, abandonment, neglect, or any other conduct of the

706

parent or parents that is deplorable, flagrant, or outrageous by

707

a normal standard of conduct. Egregious conduct may include an

708

act or omission that occurred only once but was of such

709

intensity, magnitude, or severity as to endanger the life of the

710

child.

711

(g) When The parent or parents have subjected the child or

712

another child to aggravated child abuse as defined in s. 827.03,

713

sexual battery or sexual abuse as defined in s. 39.01, or chronic

714

abuse.

715

(h) When The parent or parents have been convicted of the

716

murder, manslaughter, aiding or abetting the murder, or

717

conspiracy or solicitation to murder the other parent or another

718

child of the parent, or a felony battery that resulted in serious

719

bodily injury to the child or to another child of the parent

720

committed murder or voluntary manslaughter of another child, or a

721

felony assault that results in serious bodily injury to the child

722

or another child, or aided or abetted, attempted, conspired, or

723

solicited to commit such a murder or voluntary manslaughter or

724

felony assault.

725

(i) When The parental rights of the parent to a sibling of

726

the child have been terminated involuntarily.

727

(j) The parent or parents have a history of extensive,

728

abusive, and chronic use of alcohol or a controlled substance

729

which renders them incapable of caring for the child, and have

730

refused or failed to complete available treatment for such use

731

during the 3-year period immediately preceding the filing of the

732

petition for termination of parental rights.

733

(k) A test administered at birth that indicated that the

734

child's blood, urine, or meconium contained any amount of alcohol

735

or a controlled substance or metabolites of such substances, the

736

presence of which was not the result of medical treatment

737

administered to the mother or the newborn infant, and the

738

biological mother of the child is the biological mother of at

739

least one other child who was adjudicated dependent after a

740

finding of harm to the child's health or welfare due to exposure

741

to a controlled substance or alcohol as defined in s.

742

39.01(31)(g), after which the biological mother had the

743

opportunity to participate in substance abuse treatment.

744

(l) On three or more occasions the child or another child

745

of the parent or parents has been placed in out-of-home care

746

pursuant to this chapter, and the conditions that led to the

747

child's out-of-home placement were caused by the parent or

748

parents.

749

(2) Reasonable efforts to preserve and reunify families are

750

not required if a court of competent jurisdiction has determined

751

that any of the events described in paragraphs (1)(e)-(l) (1)(e)-

752

(i) have occurred.

753

(3) If When a petition for termination of parental rights

754

is filed under subsection (1), a separate petition for dependency

755

need not be filed and the department need not offer the parents a

756

case plan having with a goal of reunification, but may instead

757

file with the court a case plan having with a goal of termination

758

of parental rights to allow continuation of services until the

759

termination is granted or until further orders of the court are

760

issued.

761

(4) If When an expedited termination of parental rights

762

petition is filed, reasonable efforts shall be made to place the

763

child in a timely manner in accordance with the permanency plan,

764

and to complete whatever steps are necessary to finalize the

765

permanent placement of the child.

766

Section 15. Section 39.8061, Florida Statutes, is created

767

to read:

768

39.8061 Least restrictive means.--Before parental rights to

769

a child are permanently and involuntarily severed, the court must

770

conclude that termination is the least restrictive means of

771

protecting the child. For purposes of determining the least

772

restrictive means, the court shall, at a minimum, consider the

773

following factors:

774

(1) Whether maintaining a bond between the parent or

775

parents and child will have a detrimental effect on a child's

776

ability to achieve permanency.

777

(2) Whether parental behaviors pose a risk of harm to a

778

child's mental, physical, or emotional well-being. If the court

779

finds that the parent or parents have engaged in egregious

780

conduct as provided in s. 39.806(1)(f), the court may find that

781

such conduct demonstrates conclusively that termination of

782

parental rights is the least restrictive means of protecting the

783

child.

784

(3) The likelihood that a child may be successfully and

785

safely reunified with the parent or parents in the immediate

786

future.

787

(4) The parent or parents' history of alcohol or substance

788

abuse, of seeking and complying with treatment for alcohol and

789

substance abuse, and the degree of success obtained through such

790

treatment.

791

(5) The parent or parents' past level of compliance with

792

services pursuant to a case plan for this child or another child.

793

(6) Whether there is an alternative to termination which is

794

consistent with a child's best interest, provides protection for

795

the child, and is likely to achieve timely permanency for the

796

child.

797

Section 16. Subsection (14) of section 63.032, Florida

798

Statutes, is amended to read:

799

63.032 Definitions.--As used in this chapter, the term:

800

(14) "Relative" means a person related by blood to the

801

person being adopted within the third degree of consanguinity.

802

However, the term may include the adoptive parent of a blood

803

sibling who was adopted from the child welfare system.

804

Section 17. Subsection (4) of section 322.142, Florida

805

Statutes, is amended to read:

806

322.142 Color photographic or digital imaged licenses.--

807

(4) The department may maintain a film negative or print

808

file. The department shall maintain a record of the digital image

809

and signature of the licensees, together with other data required

810

by the department for identification and retrieval. Reproductions

811

from the file or digital record are exempt from the provisions of

812

s. 119.07(1) and shall be made and issued only for departmental

813

administrative purposes; for the issuance of duplicate licenses;

814

in response to law enforcement agency requests; to the Department

815

of State pursuant to an interagency agreement to facilitate

816

determinations of eligibility of voter registration applicants

817

and registered voters in accordance with ss. 98.045 and 98.075;

818

to the Department of Revenue pursuant to an interagency agreement

819

for use in establishing paternity and establishing, modifying, or

820

enforcing support obligations in Title IV-D cases; to the

821

Department of Children and Family Services pursuant to an

822

interagency agreement to conduct protective investigations under

823

part III of chapter 39; or to the Department of Financial

824

Services pursuant to an interagency agreement to facilitate the

825

location of owners of unclaimed property, the validation of

826

unclaimed property claims, and the identification of fraudulent

827

or false claims, and are exempt from the provisions of s.

828

119.07(1).

829

Section 18. Section 402.401, Florida Statutes, is amended

830

to read:

831

402.401 Florida Child Welfare Student Loan Forgiveness

832

Program.--

833

(1) There is created the Florida Child Welfare Student Loan

834

Forgiveness Program to be administered by the Department of

835

Children and Family Services Education. The program shall provide

836

loan reimbursement assistance to eligible employees in child

837

welfare positions that are critical to the department's mission,

838

as determined by the department, and that are within the

839

department, sheriff's offices, or contracted community-based care

840

agencies students for upper-division undergraduate and graduate

841

study. The primary purpose of the program is to attract capable

842

and promising students to the child welfare profession, increase

843

employment and retention of individuals who are working towards

844

or who have received either a bachelor's degree or a master's

845

degree in social work, or any human services subject area that

846

qualifies the individual for employment as a family services

847

worker, and provide opportunities for persons making midcareer

848

decisions to enter the child welfare profession. The State Board

849

of Education shall adopt rules necessary to administer the

850

program.

851

(2)(a) To be eligible for a program loan, the employee's

852

outstanding student loans may not be in a default status. a

853

candidate shall:

854

1. Be a full-time student at the upper-division

855

undergraduate or graduate level in a social work program approved

856

by the Council on Social Work Education leading to either a

857

bachelor's degree or a master's degree in social work or an

858

accredited human services degree program.

859

2. Have declared an intent to work in child welfare for at

860

least the number of years for which a forgivable loan is received

861

at the Department of Children and Family Services or its

862

successor, or with an eligible lead community-based provider as

863

defined in s. 409.1671.

864

3. If applying for an undergraduate forgivable loan, have

865

maintained a minimum cumulative grade point average of at least a

866

2.5 on a 4.0 scale for all undergraduate work. Renewal applicants

867

for undergraduate loans shall have maintained a minimum

868

cumulative grade point average of at least a 2.5 on a 4.0 scale

869

for all undergraduate work and have earned at least 12 semester

870

credits per term, or the equivalent.

871

4. If applying for a graduate forgivable loan, have

872

maintained an undergraduate cumulative grade point average of at

873

least a 3.0 on a 4.0 scale or have attained a Graduate Record

874

Examination score of at least 1,000. Renewal applicants for

875

graduate loans shall have maintained a minimum cumulative grade

876

point average of at least a 3.0 on a 4.0 scale for all graduate

877

work and have earned at least 9 semester credits per term, or the

878

equivalent.

879

(b) An undergraduate forgivable loan may be awarded for 2

880

undergraduate years, not to exceed $4,000 per year.

881

882

graduate years, not to exceed $8,000 per year. In addition to

883

meeting criteria specified in paragraph (a), a loan recipient at

884

the graduate level shall:

885

1. Hold a bachelor's degree from a school or department of

886

social work at any college or university accredited by the

887

Council on Social Work Education, or hold a degree in a human

888

services field from an accredited college or university.

889

2. Not have received an undergraduate forgivable loan as

890

provided for in paragraph (b).

891

(d) The State Board of Education shall adopt by rule

892

repayment schedules and applicable interest rates under ss.

893

1009.82 and 1009.95. A forgivable loan must be repaid within 10

894

years after completion of a program of studies.

895

1. Credit for repayment of an undergraduate or graduate

896

forgivable loan shall be in an amount not to exceed $4,000 in

897

loan principal plus applicable accrued interest for each full

898

year of eligible service in the child welfare profession.

899

2. Any forgivable loan recipient who fails to work at the

900

Department of Children and Family Services or its successor, or

901

with an eligible lead community-based provider as defined in s.

902

409.1671, is responsible for repaying the loan plus accrued

903

interest at 8 percent annually.

904

3. Forgivable loan recipients may receive loan repayment

905

credit for child welfare service rendered at any time during the

906

scheduled repayment period. However, such repayment credit shall

907

be applicable only to the current principal and accrued interest

908

balance that remains at the time the repayment credit is earned.

909

No loan recipient shall be reimbursed for previous cash payments

910

of principal and interest.

911

(3) This section shall be implemented only as specifically

912

funded.

913

Section 19. Paragraph (a) of subsection (4) of section

914

409.175, Florida Statutes, is amended to read:

915

409.175 Licensure of family foster homes, residential

916

child-caring agencies, and child-placing agencies; public records

917

exemption.--

918

(4)(a) A person, family foster home, or residential child-

919

caring agency may shall not provide receive a child for

920

continuing full-time child care or custody unless such person,

921

home, or agency has first procured a license from the department

922

to provide such care. This requirement does not apply to a person

923

who is a relative of the child by blood, marriage, or adoption,

924

or to a permanent legal guardian established under s. 39.6221, a

925

person who has received the child from the department, a licensed

926

child-placing agency, or an intermediary for the purposes of

927

adoption pursuant to chapter 63.

928

Section 20. Section 409.401, Florida Statutes, is amended

929

to read:

930

(Substantial rewording of section. See s. 409.401,

931

F.S., for present text.)

932

409.401 Interstate Compact on the Placement of

933

Children.--The Interstate Compact on the Placement of Children is

934

enacted into law and entered into with all other jurisdictions

935

substantially as follows:

936

(1) ARTICLE I; PURPOSE.--The purpose of the compact is to:

937

(a) Provide a process through which children subject to

938

this compact are placed in safe and suitable homes in a timely

939

manner.

940

(b) Facilitate ongoing supervision of a placement, the

941

delivery of services, and communication between the states.

942

943

are placed in safe and suitable homes in a timely manner.

944

(d) Provide for the adoption and enforcement of rules to

945

administer the provisions of this compact and regulating the

946

covered activities of the member states.

947

(e) Provide for uniform data collection and information

948

sharing between member states.

949

(f) Promote coordination between this compact, the

950

Interstate Compact for Juveniles, the Interstate Compact on

951

Adoption and Medical Assistance and other compacts affecting the

952

placement of and which provide services to children otherwise

953

subject to this compact.

954

(g) Provide for a state's continuing legal jurisdiction and

955

responsibility for placement and care of a child that it would

956

have had if the placement were intrastate.

957

(h) Provide for the adoption of guidelines, in

958

collaboration with Indian tribes, for interstate cases involving

959

Indian children as allowed by federal law.

960

(2) ARTICLE II; DEFINITIONS.--As used in this compact, the

961

term:

962

(a) "Approved placement" means the public child-placing

963

agency in the receiving state has determined that the placement

964

is both safe and suitable for the child.

965

(b) "Assessment" means an evaluation of a prospective

966

placement by a public child-placing agency to determine whether

967

the placement meets the individualized needs of the child,

968

including the child's safety and stability, health and well-

969

being, and mental, emotional, and physical development. An

970

assessment is only applicable to a placement by a public child-

971

placing agency.

972

973

(d) "Certification" means to attest, declare, or sworn to

974

before a judge or notary public.

975

(e) "Default" means the failure of a member state to

976

perform the obligations or responsibilities imposed upon it by

977

this compact, the bylaws, or rules of the Interstate Commission.

978

(f) "Home study" means an evaluation of a home environment

979

conducted in accordance with the applicable requirements of the

980

state in which the home is located, and documents the preparation

981

and the suitability of the placement resource for placement of a

982

child in accordance with the laws and requirements of the state

983

in which the home is located.

984

(g) "Indian tribe" means any Indian tribe, band, nation, or

985

other organized group or community of Indians recognized as

986

eligible for services provided to Indians by the Secretary of the

987

Interior because of their status as Indians, including any

988

Alaskan native village as defined in the Alaska Native Claims

989

settlement Act at 43 U.S.C. s. 1602(c).

990

(h) "Interstate Commission" means the "Interstate

991

Commission for the Placement of Children" created under Article

992

VIII of this compact.

993

(i) "Jurisdiction" means the power and authority of a court

994

to hear and decide matters.

995

(j) "Legal risk placement" or "legal risk adoption" means a

996

placement made before an adoption where the prospective adoptive

997

parents acknowledge in writing that a child can be ordered

998

returned to the sending state or the birth mother's state of

999

residence, if different from the sending state, and a final

1000

decree of adoption may not be entered in any jurisdiction until

1001

all required consents are obtained or are dispensed with in

1002

accordance with applicable law.

1003

(k) "Member state" means a state that has enacted this

1004

compact.

1005

(l) "Noncustodial parent" means a person who, at the time

1006

of the commencement of court proceedings in the sending state,

1007

does not have sole legal custody of the child or has joint legal

1008

custody of a child, and who is not the subject of allegations or

1009

findings of child abuse or neglect.

1010

(m) "Nonmember state" means a state that has not enacted

1011

this compact.

1012

(n) "Notice of residential placement" means information

1013

regarding a placement into a residential facility provided to the

1014

receiving state including, but not limited to the name, date and

1015

place of birth of the child, the identity and address of the

1016

parent or legal guardian, evidence of authority to make the

1017

placement, and the name and address of the facility in which the

1018

child is to be placed. Notice of residential placement also

1019

includes information regarding a discharge and any unauthorized

1020

absence from the facility.

1021

(o) "Placement" means the act by a public or private child-

1022

placing agency for the purpose of arranging for the care or

1023

custody of a child in another state.

1024

(p) "Private child-placing agency" means any private

1025

corporation, agency, foundation, institution, or charitable

1026

organization, or any private person or attorney that facilitates,

1027

causes, or is involved in the placement of a child from one state

1028

to another and that is not an instrumentality of the state or

1029

acting under color of state law.

1030

(q) "Provisional placement" means a determination made by

1031

the public child-placing agency in the receiving state that the

1032

proposed placement is safe and suitable, and, to the extent

1033

allowable, the receiving state has temporarily waived its

1034

standards or requirements otherwise applicable to prospective

1035

foster or adoptive parents so as to not delay the placement.

1036

Completion of the receiving state requirements regarding training

1037

for prospective foster or adoptive parents may not delay an

1038

otherwise safe and suitable placement.

1039

(r) "Public child-placing agency" means any government

1040

child welfare agency or child protection agency or a private

1041

entity under contract with such an agency, regardless of whether

1042

they act on behalf of a state, county, municipality or other

1043

governmental unit and which facilitates, causes, or is involved

1044

in the placement of a child from one state to another.

1045

(s) "Receiving state" means the state to which a child is

1046

sent or brought.

1047

(t) "Relative" means someone who is related to the child as

1048

a parent, step-parent, sibling by half or whole blood or by

1049

adoption, grandparent, aunt, uncle, or first cousin or a

1050

nonrelative who has such significant ties to the child that they

1051

may be regarded as relatives as determined by the court in the

1052

sending state.

1053

(u) "Residential Facility" means a facility providing a

1054

level of care that is sufficient to substitute for parental

1055

responsibility or foster care, and is beyond what is needed for

1056

assessment or treatment of an acute condition. For purposes of

1057

the compact, residential facilities do not include institutions

1058

primarily educational in character, hospitals, or other medical

1059

facilities.

1060

(v) "Rule" means a written directive, mandate, standard or

1061

principle issued by the Interstate Commission, adopted pursuant

1062

to Article XI of this compact, that is of general applicability

1063

and that implements, interprets or prescribes a policy or

1064

provision of the compact. "Rule" has the force and effect of an

1065

administrative rule in a member state, and includes the

1066

amendment, repeal, or suspension of an existing rule.

1067

(w) "Sending state" means the state from which the

1068

placement of a child is initiated.

1069

(x) "Service member's permanent duty station" means the

1070

military installation where an active duty Armed Services member

1071

is currently assigned and is physically located under orders that

1072

do not specify the duty as temporary.

1073

(y) "Service member's state of legal residence" means the

1074

state in which the active duty Armed Services member is

1075

considered a resident for tax and voting purposes.

1076

(z) "State" means a state of the United States, the

1077

District of Columbia, the Commonwealth of Puerto Rico, the United

1078

States Virgin Islands, Guam, American Samoa, the Northern

1079

Marianas Island, and any other territory of the United States.

1080

(aa) "State court" means a judicial body of a state that is

1081

vested by law with responsibility for adjudicating cases

1082

involving abuse, neglect, deprivation, delinquency, or status

1083

offenses of individuals who have not attained the age of 18.

1084

(bb) "Supervision" means monitoring provided by the

1085

receiving state once a child has been placed in a that state

1086

pursuant to this compact.

1087

(3) ARTICLE III; APPLICABILITY.--

1088

(a) Except as otherwise provided in this Article,

1089

subsection (b), this compact shall apply to:

1090

1. The interstate placement of a child subject to ongoing

1091

court jurisdiction in the sending state due to allegations or

1092

findings that the child has been abused, neglected, or deprived

1093

as defined by the laws of the sending state, if the placement of

1094

the child into a residential facility only requires notice of

1095

residential placement to the receiving state prior to placement.

1096

2. The interstate placement of a child adjudicated

1097

delinquent or unmanageable based on the laws of the sending state

1098

and subject to ongoing court jurisdiction of the sending state

1099

if:

1100

a. The child is being placed in a residential facility in

1101

another member state and is not covered under another compact; or

1102

b. The child is being placed in another member state and

1103

the determination of safety and suitability of the placement and

1104

services required is not provided through another compact.

1105

3. The interstate placement of a child by a public child-

1106

placing agency or private child-placing agency as a preliminary

1107

step to a possible adoption.

1108

(b) This compact does not apply to:

1109

1. The interstate placement of a child with a nonrelative

1110

in a receiving state by a parent having the legal authority to

1111

make such a placement if the placement is not intended to

1112

effectuate an adoption.

1113

2. The interstate placement of a child by one relative

1114

having the lawful authority to make such a placement directly

1115

with a relative in a receiving state.

1116

3. The placement of a child, not subject to paragraph (a),

1117

into a residential facility by his parent.

1118

4. The placement of a child with a noncustodial parent if:

1119

a. The noncustodial parent proves to the satisfaction of a

1120

court in the sending state a substantial relationship with the

1121

child;

1122

b. The court in the sending state makes a written finding

1123

that placement with the noncustodial parent is in the best

1124

interests of the child; and

1125

c. The court in the sending state dismisses its

1126

jurisdiction over the child's case.

1127

5. A child entering the United States from a foreign

1128

country for the purpose of adoption or leaving the United States

1129

to go to a foreign country for the purpose of adoption in that

1130

country.

1131

6. Cases in which a United States citizen child living

1132

overseas with his or her parents, at least one of whom is in the

1133

Armed Services, and who is stationed overseas, is removed and

1134

placed in a state.

1135

7. The sending of a child by a public child-placing agency

1136

or a private child-placing agency for a visit as defined by the

1137

rules of the Interstate Commission.

1138

1139

compact to the placement of a child with a family in the Armed

1140

Services, the public child-placing agency or private child-

1141

placing agency may choose the state of the service member's

1142

permanent duty station or the service member's declared legal

1143

residence.

1144

(d) The provisions of this compact may be applied

1145

concurrently with other applicable interstate compacts including

1146

the Interstate Compact for Juveniles and the Interstate Compact

1147

on Adoption and Medical Assistance. The Interstate Commission

1148

may, in cooperation with other interstate compact commissions

1149

having responsibility for the interstate movement, placement or

1150

transfer of children, adopt like rules to ensure the coordination

1151

of services, timely placement of children, and the reduction of

1152

unnecessary or duplicative administrative or procedural

1153

requirements.

1154

(4) ARTICLE IV; JURISDICTION.--

1155

(a) Except as provided in subsection (g) concerning private

1156

and independent adoptions, the sending state shall retain

1157

jurisdiction over a child with respect to all matters of custody

1158

and disposition of the child which it would have had if the child

1159

had remained in the sending state. Such jurisdiction shall also

1160

include the power to order the return of the child to the sending

1161

state.

1162

(b) If an issue of child protection or custody is brought

1163

before a court in the receiving state, such court shall confer

1164

with the court of the sending state to determine the most

1165

appropriate forum for adjudication.

1166

1167

sending state may terminate its jurisdiction if:

1168

1. The child is reunified with the parent in the receiving

1169

state who is the subject of allegations or findings of abuse or

1170

neglect, only with the concurrence of the public child-placing

1171

agency in the receiving state;

1172

2. The child is adopted;

1173

3. The child reaches the age of majority under the laws of

1174

the sending state;

1175

4. The child achieves legal independence pursuant to the

1176

laws of the sending state;

1177

5. A guardianship is created by a court in the receiving

1178

state with the concurrence of the court in the sending state;

1179

6. An Indian tribe has petitioned for and received

1180

jurisdiction from the court in the sending state; or

1181

7. The public child-placing agency of the sending state

1182

requests termination and has obtained the concurrence of the

1183

public child-placing agency in the receiving the state.

1184

(d) If a sending state court terminates its jurisdiction,

1185

the receiving state child-placing agency must be notified.

1186

(e) The provisions of this article may not defeat a claim

1187

of jurisdiction by a receiving state court necessary for dealing

1188

with an act of truancy, delinquency, crime, or behavior involving

1189

a child as defined by the laws of the receiving state committed

1190

by the child in the receiving state which is a violation of its

1191

laws.

1192

(f) The provisions of this article may not limit the

1193

receiving state's ability to take emergency jurisdiction for the

1194

protection of the child.

1195

(g) The substantive laws of the state in which an adoption

1196

is finalized shall govern all issues relating to the adoption of

1197

the child and the court in which the adoption proceeding is filed

1198

shall have subject matter jurisdiction regarding all substantive

1199

issues relating to the adoption, except:

1200

1. If the child is a ward of another court that established

1201

jurisdiction over the child prior to the placement;

1202

2. If the child is in the legal custody of a public agency

1203

in the sending state; or

1204

3. If a court in the sending state has otherwise

1205

appropriately assumed jurisdiction over the child, prior to the

1206

submission of the request for approval of placement.

1207

(h) A final decree of adoption may not be entered in any

1208

jurisdiction until the placement is authorized as an "approved

1209

placement" by the public child-placing agency in the receiving

1210

state.

1211

(5) ARTICLE V; PLACEMENT EVALUATION.--

1212

(a) Before sending, bringing, or causing a child to be sent

1213

or brought into a receiving state, the public child-placing

1214

agency must provide a written request for assessment to the

1215

receiving state.

1216

(b) For placements by a private child-placing agency, a

1217

child may be sent or brought into a receiving state upon receipt

1218

and review of a request for approval of a placement in both the

1219

sending and receiving state public child-placing agency. The

1220

required content for a request for provisional approval must

1221

include all of following:

1222

1. A request for approval identifying the child, birth

1223

parent, the prospective adoptive parent, and the supervising

1224

agency, signed by the person requesting approval;

1225

2. Certification by a licensed attorney or other authorized

1226

agent that the consent or relinquishment is in compliance with

1227

the applicable laws of the sending state, or if allowed, the laws

1228

of the state where finalization of the adoption occurs;

1229

3. A home study; and

1230

4. An acknowledgment of legal risk signed by the

1231

prospective adoptive parents.

1232

1233

additional information or documents before finalizing an approved

1234

placement, but may not delay travel by the prospective adoptive

1235

parents with the child if the required content for approval has

1236

been submitted, received and reviewed by the public child-placing

1237

agency in both the sending state and the receiving state.

1238

(d) Approval from the public child-placing agency in the

1239

receiving state for a provisional or approved placement is

1240

required as provided for in the rules of the Interstate

1241

Commission.

1242

(e) The procedures for making and the request for an

1243

assessment must contain all information and be in a form as

1244

provided for in the rules of the Interstate Commission.

1245

(f) Upon receipt of a request from the public child-placing

1246

agency of the sending state, the receiving state shall initiate

1247

an assessment of the proposed placement to determine its safety

1248

and suitability. If the proposed placement is with a relative,

1249

the public child-placing agency of the sending state may request

1250

a determination for a provisional placement.

1251

(g) The public child-placing agency in the receiving state

1252

may request from the public child-placing agency or the private

1253

child-placing agency in the sending state, and is entitled to

1254

receive, supporting or additional information necessary to

1255

complete the assessment or approve the placement.

1256

(h) The public child-placing agency in the receiving state

1257

shall approve a provisional placement and complete or arrange for

1258

the completion of the assessment within the timeframes

1259

established by the rules of the Interstate Commission.

1260

(i) For a placement by a private child-placing agency, the

1261

sending state may not impose any additional requirements for

1262

completing the home study that are not required by the receiving

1263

state, unless the adoption is finalized in the sending state.

1264

(j) The Interstate Commission may develop uniform standards

1265

for the assessment of the safety and suitability of interstate

1266

placements.

1267

(6) ARTICLE VI; PLACEMENT AUTHORITY.--

1268

(a) Except as otherwise provided in this compact, a child

1269

subject to this compact may not be placed into a receiving state

1270

until approval for such placement is obtained.

1271

(b) If the public child-placing agency in the receiving

1272

state does not approve the proposed placement then the child may

1273

not be placed. The receiving state shall provide written

1274

documentation of any such determination in accordance with the

1275

rules adopted by the Interstate Commission. Such determination is

1276

not subject to judicial review in the sending state.

1277

1278

interested party has standing to seek an administrative review of

1279

the receiving state's determination.

1280

1. The administrative review and any further judicial

1281

review associated with the determination shall be conducted in

1282

the receiving state pursuant to its applicable administrative

1283

procedures.

1284

2. If a determination not to approve the placement of the

1285

child in the receiving state is overturned upon review, the

1286

placement shall be deemed approved if all administrative or

1287

judicial remedies have been exhausted or the time for such

1288

remedies has passed.

1289

(7) ARTICLE VII; PLACING AGENCY RESPONSIBILITY.--

1290

(a) For the interstate placement of a child made by a

1291

public child-placing agency or state court:

1292

1. The public child-placing agency in the sending state

1293

shall have financial responsibility for:

1294

a. The ongoing support and maintenance of the child during

1295

the period of the placement, unless otherwise provided for in the

1296

receiving state; and

1297

b. As determined by the public child-placing agency in the

1298

sending state, services for the child beyond the public services

1299

for which the child is eligible in the receiving state.

1300

2. The receiving state shall have financial responsibility

1301

only for:

1302

a. Any assessment conducted by the receiving state;

1303

b. Supervision conducted by the receiving state at the

1304

level necessary to support the placement as agreed upon by the

1305

public child-placing agencies of the receiving and sending

1306

states.

1307

c. Public child-placing agencies in the sending state may

1308

enter into agreements with licensed agencies or persons in the

1309

receiving state to conduct assessments and provide supervision.

1310

(b) For the placement of a child by a private child-placing

1311

agency preliminary to a possible adoption, the private child-

1312

placing agency is:

1313

1. Legally responsible for the child during the period of

1314

placement as provided in the law of the sending state until the

1315

finalization of the adoption.

1316

2. Financially responsible for the child absent a

1317

contractual agreement to the contrary.

1318

1319

shall provide timely assessments, as provided for in the rules of

1320

the Interstate Commission.

1321

(d) The public child-placing agency in the receiving state

1322

shall provide, or arrange for the provision of, supervision and

1323

services for the child, including timely reports, during the

1324

period of the placement.

1325

(e) The public child-placing agency in the receiving state

1326

may contract with a licensed agency or person in the receiving

1327

state for an assessment or the provision of supervision or

1328

services for the child and may authorize the provision of

1329

supervision or services by a licensed agency during the period of

1330

placement.

1331

(f) Each member state shall provide for coordination among

1332

its branches of government concerning the state's participation

1333

in, and compliance with, the compact and Interstate Commission

1334

activities, through the creation of an advisory council or use of

1335

an existing body or board.

1336

(g) Each member state shall establish a central state

1337

compact office that is responsible for state compliance with the

1338

compact and the rules of the Interstate Commission.

1339

(h) The public child-placing agency in the sending state

1340

shall oversee compliance with the provisions of the Indian Child

1341

Welfare Act, 25 U.S.C. 1901 et seq., for placements subject to

1342

the provisions of this compact, prior to placement.

1343

(i) With the consent of the Interstate Commission, states

1344

may enter into limited agreements that facilitate the timely

1345

assessment and provision of services and supervision of

1346

placements under this compact.

1347

(8) ARTICLE VIII; INTERSTATE COMMISSION FOR THE PLACEMENT

1348

OF CHILDREN.--The member states hereby establish, by way of this

1349

compact, a commission known as the "Interstate Commission for the

1350

Placement of Children." The activities of the Interstate

1351

Commission are the formation of public policy and are a

1352

discretionary state function. The Interstate Commission shall:

1353

(a) Be a joint commission of the member states and shall

1354

have the responsibilities, powers, and duties set forth herein,

1355

and such additional powers as may be conferred upon it by

1356

subsequent concurrent action of the respective legislatures of

1357

the member states.

1358

(b) Consist of one commissioner from each member state who

1359

is appointed by the head of the state human services agency

1360

having ultimate responsibility for the child welfare program. The

1361

appointed commissioner shall have the legal authority to vote on

1362

policy-related matters governed by this compact binding the

1363

state.

1364

1. Each member state represented at a meeting of the

1365

Interstate Commission is entitled to one vote.

1366

2. A majority of the member states shall constitute a

1367

quorum for the transaction of business, unless a larger quorum is

1368

required by the bylaws of the Interstate Commission.

1369

3. A representative may not delegate a vote to another

1370

member state.

1371

4. A representative may delegate voting authority to

1372

another person from their state for a specified meeting.

1373

1374

the Interstate Commission shall include persons who are members

1375

of interested organizations as defined in the bylaws or rules of

1376

the Interstate Commission. Such members are ex officio and are

1377

not entitled to vote on any matter before the Interstate

1378

Commission.

1379

(d) Establish an executive committee that has is authorized

1380

to administer the day-to-day operations and administration of the

1381

Interstate Commission. It may not engage in rulemaking.

1382

(9) ARTICLE IX; POWERS AND DUTIES OF THE INTERSTATE

1383

COMMISSION.--The Interstate Commission shall have the following

1384

powers:

1385

(a) To adopt rules and take all necessary actions to effect

1386

the goals, purposes, and obligations as enumerated in this

1387

compact.

1388

(b) To provide for dispute resolution among member states.

1389

1390

opinions concerning the meaning or interpretation of the

1391

interstate compact, its bylaws, rules, or actions.

1392

(d) To enforce compliance with this compact or the bylaws

1393

or rules of the Interstate Commission pursuant to Article XII.

1394

(e) Collect standardized data concerning the interstate

1395

placement of children subject to this compact as directed through

1396

its rules, which shall specify the data to be collected, the

1397

means of collection, and data exchange and reporting

1398

requirements.

1399

(f) To establish and maintain offices as may be necessary

1400

for the transacting of its business.

1401

(g) To purchase and maintain insurance and bonds.

1402

(h) To hire or contract for services of personnel or

1403

consultants as necessary to carry out its functions under the

1404

compact and establish personnel qualification policies, and rates

1405

of compensation.

1406

(i) To establish and appoint committees and officers,

1407

including an executive committee as required by Article X.

1408

(j) To accept any and all donations and grants of money,

1409

equipment, supplies, materials, and services, and to receive,

1410

use, and dispose thereof.

1411

(k) To lease, purchase, accept contributions or donations

1412

of, or otherwise to own, hold, improve, or use any property,

1413

real, personal, or mixed.

1414

(l) To sell, convey, mortgage, pledge, lease, exchange,

1415

abandon, or otherwise dispose of any property, real, personal, or

1416

mixed.

1417

(m) To establish a budget and make expenditures.

1418

(n) To adopt a seal and bylaws governing the management and

1419

operation of the Interstate Commission.

1420

(o) To report annually to the legislatures, governors, the

1421

judiciary, and state advisory councils of the member states

1422

concerning the activities of the Interstate Commission during the

1423

preceding year. Such reports shall also include any

1424

recommendations that may have been adopted by the Interstate

1425

Commission.

1426

(p) To coordinate and provide education, training, and

1427

public awareness regarding the interstate movement of children

1428

for officials involved in such activity.

1429

(q) To maintain books and records in accordance with the

1430

bylaws of the Interstate Commission.

1431

(r) To perform such functions as may be necessary or

1432

appropriate to achieve the purposes of this compact.

1433

(10) ARTICLE X; ORGANIZATION AND OPERATION OF THE

1434

INTERSTATE COMMISSION.--

1435

(a) Bylaws.--

1436

1. Within 12 months after the first Interstate Commission

1437

meeting, the Interstate Commission shall adopt bylaws to govern

1438

its conduct as may be necessary or appropriate to carry out the

1439

purposes of the compact.

1440

2. The Interstate Commission's bylaws and rules shall

1441

establish conditions and procedures under which the Interstate

1442

Commission shall make its information and official records

1443

available to the public for inspection or copying. The Interstate

1444

Commission may exempt from disclosure information or official

1445

records to the extent they would adversely affect personal

1446

privacy rights or proprietary interests.

1447

(b) Meetings.--

1448

1. The Interstate Commission shall meet at least once each

1449

calendar year. The chairperson may call additional meetings and,

1450

upon the request of a simple majority of the member states shall

1451

call additional meetings.

1452

2. Public notice shall be given by the Interstate

1453

Commission of all meetings and all meetings shall be open to the

1454

public, except as set forth in the rules or as otherwise provided

1455

in the compact. The Interstate Commission and its committees may

1456

close a meeting, or portion thereof, where it determines by two-

1457

thirds vote that an open meeting would be likely to:

1458

a. Relate solely to the Interstate Commission's internal

1459

personnel practices and procedures;

1460

b. Disclose matters specifically exempted from disclosure

1461

by federal law;

1462

c. Disclose financial or commercial information that is

1463

privileged, proprietary or confidential in nature;

1464

d. Involve accusing a person of a crime, or formally

1465

censuring a person;

1466

e. Disclose information of a personal nature where

1467

disclosure would constitute a clearly unwarranted invasion of

1468

personal privacy or physically endanger one or more persons;

1469

f. Disclose investigative records compiled for law

1470

enforcement purposes; or

1471

g. Specifically relate to the Interstate Commission's

1472

participation in a civil action or other legal proceeding.

1473

3. For a meeting, or portion of a meeting, closed pursuant

1474

to this paragraph, the Interstate Commission's legal counsel or

1475

designee shall certify that the meeting may be closed and shall

1476

reference each relevant exemption provision. The Interstate

1477

Commission shall keep minutes that fully and clearly describe all

1478

matters discussed in a meeting and shall provide a full and

1479

accurate summary of actions taken, and the reasons therefore,

1480

including a description of the views expressed and the record of

1481

a roll call vote. All documents considered in connection with an

1482

action shall be identified in the minutes. All minutes and

1483

documents of a closed meeting shall remain under seal, subject to

1484

release by a majority vote of the Interstate Commission or by

1485

court order.

1486

4. The bylaws may provide for meetings of the Interstate

1487

Commission conducted by telecommunication or other electronic

1488

communication.

1489

1490

1. The Interstate Commission may, through its executive

1491

committee, appoint or retain a staff director for such period,

1492

upon such terms and conditions and for such compensation as the

1493

Interstate Commission deems appropriate. The staff director shall

1494

serve as secretary to the Interstate Commission, but does not

1495

have a vote. The staff director may hire and supervise such other

1496

staff as may be authorized by the Interstate Commission.

1497

2. The Interstate Commission shall elect, from among its

1498

members, a chairperson and a vice chairperson of the executive

1499

committee and other necessary officers, each of whom shall have

1500

such authority and duties as may be specified in the bylaws.

1501

(d) Qualified immunity, defense, and indemnification.--

1502

1. The Interstate Commission's staff director and its

1503

employees are immune from suit and liability, personally or in

1504

their official capacity, for a claim for damage to or loss of

1505

property, or personal injury or other civil liability caused,

1506

arising out of, or relating to an actual or alleged act, error,

1507

or omission that occurred, or that such person had a reasonable

1508

basis for believing occurred, within the scope of Commission

1509

employment, duties, or responsibilities; however, such person is

1510

not protected from suit or liability for damage, loss, injury, or

1511

liability caused by a criminal act or the intentional, willful,

1512

and wanton misconduct of such person.

1513

a. The liability of the Interstate Commission's staff

1514

director and employees or Interstate Commission representatives,

1515

acting within the scope of such person's employment or duties for

1516

acts, errors, or omissions occurring within such person's state

1517

may not exceed the limits of liability set forth under the

1518

constitution and laws of that state for state officials,

1519

employees, and agents. The Interstate Commission is considered to

1520

be an instrumentality of the states for the purposes of any such

1521

action. Such person is not protected from suit or liability for

1522

damage, loss, injury, or liability caused by a criminal act or

1523

the intentional, willful, and wanton misconduct of such person.

1524

b. The Interstate Commission shall defend the staff

1525

director and its employees and, subject to the approval of the

1526

Attorney General or other appropriate legal counsel of the member

1527

state, shall defend the commissioner of a member state in a civil

1528

action seeking to impose liability arising out of an actual or

1529

alleged act, error, or omission that occurred within the scope of

1530

Interstate Commission employment, duties, or responsibilities, or

1531

that the defendant had a reasonable basis for believing occurred

1532

within the scope of Interstate Commission employment, duties, or

1533

responsibilities, if the actual or alleged act, error, or

1534

omission did not result from intentional, willful, and wanton

1535

misconduct on the part of such person.

1536

c. To the extent not covered by the state involved, member

1537

state, or the Interstate Commission, the representatives or

1538

employees of the Interstate Commission shall be held harmless in

1539

the amount of a settlement or judgment, including attorney's fees

1540

and costs, obtained against such persons arising out of an actual

1541

or alleged act, error, or omission that occurred within the scope

1542

of Interstate Commission employment, duties, or responsibilities,

1543

or that such persons had a reasonable basis for believing

1544

occurred within the scope of Interstate Commission employment,

1545

duties, or responsibilities, if the actual or alleged act, error,

1546

or omission did not result from intentional, willful, and wanton

1547

misconduct on the part of such persons.

1548

(11) ARTICLE XI; RULEMAKING FUNCTIONS OF THE INTERSTATE

1549

COMMISSION.--

1550

(a) The Interstate Commission shall adopt and publish rules

1551

in order to effectively and efficiently achieve the purposes of

1552

the compact.

1553

(b) Rulemaking shall occur pursuant to the criteria set

1554

forth in this article and the bylaws and rules adopted pursuant

1555

thereto. Such rulemaking shall substantially conform to the

1556

principles of the "Model State Administrative Procedures Act,"

1557

1981 Act, Uniform Laws Annotated, Vol. 15, p.1., 2000, or such

1558

other administrative procedure acts as the Interstate Commission

1559

deems appropriate consistent with due process requirements under

1560

the United States Constitution as now or hereafter interpreted by

1561

the United States Supreme Court. All rules and amendments are

1562

binding as of the date specified, as published with the final

1563

version of the rule as approved by the Interstate Commission.

1564

1565

at a minimum:

1566

1. Publish the proposed rule's entire text stating the

1567

reasons for that proposed rule;

1568

2. Allow and invite any and all persons to submit written

1569

data, facts, opinions and arguments, which shall be added to the

1570

record, and be made publicly available; and

1571

3. Adopt a final rule and its effective date, if

1572

appropriate, based on input from state or local officials, or

1573

interested parties.

1574

(d) Rules adopted by the Interstate Commission shall have

1575

the force and effect of administrative rules and are binding in

1576

the compacting states to the extent and in the manner provided

1577

for in this compact.

1578

(e) Within 60 days after a rule is adopted, an interested

1579

person may file a petition in the United States District Court

1580

for the District of Columbia or in the federal district court

1581

where the Interstate Commission's principal office is located for

1582

judicial review of such rule. If the court finds that the

1583

Interstate Commission's action is not supported by substantial

1584

evidence in the rulemaking record, the court shall hold the rule

1585

unlawful and set it aside.

1586

(f) If a majority of the legislatures of the member states

1587

rejects a rule, those states may by enactment of a statute or

1588

resolution in the same manner used to adopt the compact cause

1589

that rule to have no further force and effect in any member

1590

state.

1591

(g) The existing rules governing the operation of the

1592

Interstate Compact on the Placement of Children superseded by

1593

this act are null and void after 12 months, but no more than 24

1594

months, after the first meeting of the Interstate Commission, as

1595

determined by the members during the first meeting.

1596

(h) Within the first 12 months of operation, the Interstate

1597

Commission shall adopt rules addressing the following:

1598

1. Transition rules.

1599

2. Forms and procedures.

1600

3. Timelines.

1601

4. Data collection and reporting.

1602

5. Rulemaking.

1603

6. Visitation.

1604

7. Progress reports and supervision.

1605

8. Sharing of information and confidentiality.

1606

9. Financing of the Interstate Commission.

1607

10. Mediation, arbitration, and dispute resolution.

1608

11. Education, training, and technical assistance.

1609

12. Enforcement.

1610

13. Coordination with other interstate compacts.

1611

(i) Upon determination by a majority of the members of the

1612

Interstate Commission that an emergency exists:

1613

1. The Interstate Commission may adopt an emergency rule

1614

only if it is required to:

1615

a. Protect the children covered by this compact from an

1616

imminent threat to their health, safety, and well-being;

1617

b. Prevent loss of federal or state funds; or

1618

c. Meet a deadline for the adoption of an administrative

1619

rule required by federal law.

1620

2. An emergency rule becomes effective immediately upon

1621

adoption, if the usual rulemaking procedures are retroactively

1622

applied to said rule as soon as reasonably possible, but within

1623

90 days after the effective date of the emergency rule.

1624

3. An emergency rule shall be adopted as provided for in

1625

the rules of the Interstate Commission.

1626

(12) ARTICLE XII; OVERSIGHT, DISPUTE RESOLUTION,

1627

ENFORCEMENT.--

1628

(a) Oversight.--

1629

1. The Interstate Commission shall oversee the

1630

administration and operation of the compact.

1631

2. The executive, legislative, and judicial branches of

1632

state government in each member state shall enforce this compact

1633

and the rules of the Interstate Commission and shall take all

1634

actions necessary and appropriate to effectuate the compact's

1635

purposes and intent. The compact and its rules are binding in the

1636

member states to the extent and in the manner provided for in

1637

this compact.

1638

3. All courts shall take judicial notice of the compact and

1639

the rules in any judicial or administrative proceeding in a

1640

member state pertaining to the subject matter of this compact.

1641

4. The Interstate Commission shall receive service of

1642

process in any action in which the validity of a compact

1643

provision or rule is the issue for which a judicial determination

1644

has been sought and shall have standing to intervene in any

1645

proceedings. Failure to provide service of process to the

1646

Interstate Commission shall render any judgment, order, or other

1647

determination, however so captioned or classified, void as to the

1648

Interstate Commission, this compact, its bylaws, or rules of the

1649

Interstate Commission.

1650

(b) Dispute resolution.--

1651

1. The Interstate Commission shall attempt, upon the

1652

request of a member state, to resolve disputes that are subject

1653

to the compact and that may arise among member states and between

1654

member and nonmember states.

1655

2. The Interstate Commission shall adopt a rule providing

1656

for both mediation and binding dispute resolution for disputes

1657

among compacting states. The costs of such mediation or dispute

1658

resolution is the responsibility of the parties to the dispute.

1659

1660

1. If the Interstate Commission determines that a member

1661

state has defaulted in the performance of its obligations or

1662

responsibilities under this compact, its bylaws or rules, the

1663

Interstate Commission may:

1664

a. Provide remedial training and specific technical

1665

assistance;

1666

b. Provide written notice to the defaulting state and other

1667

member states, of the nature of the default and the means of

1668

curing the default. The Interstate Commission shall specify the

1669

conditions by which the defaulting state must cure its default;

1670

c. By majority vote of the members, initiate against a

1671

defaulting member state legal action in the United State District

1672

Court for the District of Columbia or, at the discretion of the

1673

Interstate Commission, in the federal district where the

1674

Interstate Commission has its principal office, to enforce

1675

compliance with the provisions of the compact, its bylaws, or

1676

rules. The relief sought may include both injunctive relief and

1677

damages. If judicial enforcement is necessary, the prevailing

1678

party shall be awarded all costs of such litigation including

1679

reasonable attorney's fees; or

1680

d. Avail itself of any other remedies available under state

1681

law or the regulation of official or professional conduct.

1682

(13) ARTICLE XIII; FINANCING OF THE COMMISSION.--

1683

(a) The Interstate Commission shall pay, or provide for the

1684

payment of the reasonable expenses of its establishment,

1685

organization, and ongoing activities.

1686

(b) The Interstate Commission may levy on and collect an

1687

annual assessment from each member state to cover the cost of the

1688

operations and activities of the Interstate Commission and its

1689

staff which must be in a total amount sufficient to cover the

1690

Interstate Commission's annual budget as approved by its members

1691

each year. The aggregate annual assessment amount shall be

1692

allocated based upon a formula to be determined by the Interstate

1693

Commission, which shall adopt a rule binding upon all member

1694

states.

1695

1696

any kind prior to securing the funds adequate to meet the same,

1697

or pledge the credit of any of the member states, except by and

1698

with the authority of the member state.

1699

(d) The Interstate Commission shall keep accurate accounts

1700

of all receipts and disbursements. The receipts and disbursements

1701

are subject to the audit and accounting procedures established

1702

under its bylaws. However, all receipts and disbursements of

1703

funds handled by the Interstate Commission must be audited yearly

1704

by a certified or licensed public accountant and the audit report

1705

shall be included in and become part of the annual report of the

1706

Interstate Commission.

1707

(14) ARTICLE XIV; MEMBER STATES, EFFECTIVE DATE, AND

1708

AMENDMENT.--

1709

(a) Any state is eligible to become a member state.

1710

(b) The compact is effective and binding upon the

1711

legislative enactment of the compact into law by at least 35

1712

states. The effective date shall July 1, 2007, or upon enactment

1713

of the compact into law by the 35th state, whichever is later.

1714

Thereafter it is effective and binding as to any other member

1715

state upon enactment of the compact into law by that state. The

1716

heads of the state human services agencies having ultimate

1717

responsibility for the child welfare program of nonmember states

1718

or their designees shall be invited to participate in the

1719

activities of the Interstate Commission on a nonvoting basis

1720

prior to adoption of the compact by all states.

1721

1722

compact for enactment by the member states. An amendment is not

1723

effective and binding on the member states unless and until it is

1724

enacted into law by unanimous consent of the member states.

1725

(15) ARTICLE XV; WITHDRAWAL AND DISSOLUTION.--

1726

(a) Withdrawal.--

1727

1. Once effective, the compact shall continue in force and

1728

remain binding upon each and every member state; however, a

1729

member state may withdraw from the compact specifically repealing

1730

the statute that enacted the compact into law.

1731

2. Withdrawal from this compact is effected by the

1732

enactment of a statute repealing the same. The effective date of

1733

withdrawal is the effective date of the repeal of the statute.

1734

3. The withdrawing state shall immediately notify the

1735

president of the Interstate Commission in writing upon the

1736

introduction of legislation repealing this compact in the

1737

withdrawing state. The Interstate Commission shall then notify

1738

the other member states of the withdrawing state's intent to

1739

withdraw.

1740

4. The withdrawing state is responsible for all

1741

assessments, obligations, and liabilities incurred through the

1742

effective date of withdrawal.

1743

5. Reinstatement following withdrawal of a member state

1744

shall occur upon the withdrawing state reenacting the compact or

1745

upon such later date as determined by the members of the

1746

Interstate Commission.

1747

(b) Dissolution of compact.--

1748

1. This compact shall dissolve effective upon the date of

1749

the withdrawal or default of the member state which reduces the

1750

membership in the compact to one member state.

1751

2. Upon the dissolution, the compact becomes null and void

1752

and shall have no further force or effect, and the business and

1753

affairs of the Interstate Commission shall be concluded and

1754

surplus funds shall be distributed in accordance with the bylaws.

1755

(16) ARTICLE XVI; SEVERABILITY AND CONSTRUCTION.--

1756

(a) The provisions of this compact are severable, and if

1757

any phrase, clause, sentence, or provision is deemed

1758

unenforceable, the remaining provisions of the compact are

1759

enforceable.

1760

(b) The provisions of this compact shall be liberally

1761

construed to effectuate its purposes.

1762

1763

applicability of other interstate compacts to which the states

1764

are members.

1765

(17) ARTICLE XVII; BINDING EFFECT OF COMPACT AND OTHER

1766

LAWS.--

1767

(a) Other laws.--

1768

1. This compact may not prevent the enforcement of any

1769

other law of a member state that is not inconsistent with the

1770

compact.

1771

(b) Binding effect of the compact.--

1772

1. All lawful actions of the Interstate Commission,

1773

including all rules and bylaws adopted by the Interstate

1774

Commission, are binding upon the member states.

1775

2. All agreements between the Interstate Commission and the

1776

member states are binding in accordance with their terms.

1777

3. If any provision of this compact exceeds the

1778

constitutional limits imposed on the legislature of any member

1779

state, such provision is ineffective to the extent of the

1780

conflict in that member state.

1781

(18) ARTICLE XVIII; INDIAN TRIBES.--Notwithstanding any

1782

other provision in this compact, the Interstate Commission may

1783

adopt guidelines to allow Indian tribes to use the compact to

1784

achieve any or all of the purposes of the compact as specified in

1785

Article I. The Interstate Commission shall make reasonable

1786

efforts to consult with Indian tribes in adopting guidelines to

1787

reflect the diverse circumstances of the various Indian tribes.

1788

Section 21. Sections 409.402 and 409.403, Florida Statues,

1789

are repealed.

1790

Section 22. Section 409.404, Florida Statutes, is amended

1791

to read:

1792

409.404 Agreements between party state officers and

1793

agencies.--

1794

(1) The officers and agencies of this state and its

1795

subdivisions having authority to place children may are hereby

1796

empowered to enter into agreements with appropriate officers or

1797

agencies of or in other party states pursuant to paragraph (b) of

1798

Article V of the Interstate Compact on the Placement of Children,

1799

s. 409.401. Any such agreement that which contains a financial

1800

commitment or imposes a financial obligation on this state or

1801

subdivision or agency thereof is shall not be binding unless it

1802

has the approval in writing of the secretary of Children and

1803

Family Services in the case of the state.

1804

(2) Any requirements for visitation, inspection, or

1805

supervision of children, homes, institutions, or other agencies

1806

in another party state which may apply under the provisions of

1807

chapter 63 and this chapter are shall be deemed to be met if

1808

performed pursuant to an agreement entered into by appropriate

1809

agencies of this state or a subdivision thereof as contemplated

1810

by paragraph (b) of Article V of the Interstate Compact on the

1811

Placement of Children, s. 409.401.

1812

Section 23. Subsection (3) of section 787.04, Florida

1813

Statutes, is amended to read:

1814

787.04 Removing minors from state or concealing minors

1815

contrary to state agency order or court order.--

1816

(3) It is unlawful for any person, with criminal intent, to

1817

knowingly and willfully lead, take, entice, or remove a minor

1818

beyond the limits of this state, or to knowingly and willfully

1819

conceal the location of a minor, during the pendency of a

1820

dependency proceeding affecting such minor or during the pendency

1821

of any investigation, action, or proceeding concerning the

1822

alleged abuse or neglect of such minor, after having received

1823

actual or constructive notice of the pendency of such

1824

investigation, action, or proceeding and without the permission

1825

of the state agency or court in which the investigation, action,

1826

or proceeding is pending.

1827

Section 24. Subsection (1) of section 937.021, Florida

1828

Statutes, is amended to read:

1829

937.021 Missing child reports.--

1830

(1) Upon the filing of a police report that a child is

1831

missing by the parent or guardian, the Department of Children and

1832

Family Services, a community-based care provider, or a sheriff's

1833

office providing investigative services for the department, the

1834

law enforcement agency receiving the report shall immediately

1835

inform all on-duty law enforcement officers of the existence of

1836

the missing child report, communicate the report to every other

1837

law enforcement agency having jurisdiction in the county, and

1838

transmit the report for inclusion within the Florida Crime

1839

Information Center computer. A law enforcement agency may not

1840

require a reporter to present an order that a child be taken into

1841

custody or any other such order before accepting a report that a

1842

child is missing.

1843

Section 25. Paragraph (c) of subsection (4) of section

1844

985.04, Florida Statutes, is amended to read:

1845

985.04 Oaths; records; confidential information.--

1846

(4)

1847

1848

superintendent the presence of any child in the care and custody

1849

or under the jurisdiction or supervision of the department who

1850

has a known history of criminal sexual behavior with other

1851

juveniles; is an alleged juvenile sexual offender or a child who

1852

has exhibited inappropriate sexual behavior, as defined in s.

1853

39.01; or has pled guilty or nolo contendere to, or has been

1854

found to have committed, a violation of chapter 794, chapter 796,

1855

chapter 800, s. 827.071, or s. 847.0133, regardless of

1856

adjudication. An Any employee of a district school board who

1857

knowingly and willfully discloses such information to an

1858

unauthorized person commits a misdemeanor of the second degree,

1859

punishable as provided in s. 775.082 or s. 775.083.

1860

Section 26. Effective upon this act becoming a law and

1861

operating retroactively to June 29, 2008, subsection (3) of

1862

section 1 of chapter 2007-174, Laws of Florida, is amended to

1863

read:

1864

(3) This section expires June 30, 2009 2008.

1865

Section 27. Paragraph (b) of subsection (3) of section

1866

39.0015, Florida Statutes, is amended to read:

1867

39.0015 Child abuse prevention training in the district

1868

school system.--

1869

(3) DEFINITIONS.--As used in this section:

1870

(b) "Child abuse" means abandonment, abuse, harm, mental

1871

injury, neglect, physical injury, or sexual abuse of a child as

1872

those terms are defined in s. 39.01 those acts as defined in ss.

1873

39.01(1), (2), (31), (41), (43), (55), and (66), 827.04, and

1874

984.03 984.03(1), (2), and (37).

1875

Section 28. Subsection (5) of section 39.205, Florida

1876

Statutes, is amended to read:

1877

39.205 Penalties relating to reporting of child abuse,

1878

abandonment, or neglect.--

1879

(5) If the department or its authorized agent has

1880

determined after its investigation that a report is false, the

1881

department shall, with the consent of the alleged perpetrator,

1882

refer the report to the local law enforcement agency having

1883

jurisdiction for an investigation to determine whether sufficient

1884

evidence exists to refer the case for prosecution for filing a

1885

false report as defined in s. 39.01 s. 39.01(28). During the

1886

pendency of the investigation by the local law enforcement

1887

agency, the department must notify the local law enforcement

1888

agency of, and the local law enforcement agency must respond to,

1889

all subsequent reports concerning children in that same family in

1890

accordance with s. 39.301. If the law enforcement agency believes

1891

that there are indicators of abuse, abandonment, or neglect, it

1892

must immediately notify the department, which must ensure assure

1893

the safety of the children. If the law enforcement agency finds

1894

sufficient evidence for prosecution for filing a false report, it

1895

must refer the case to the appropriate state attorney for

1896

prosecution.

1897

Section 29. Subsection (1) of section 39.302, Florida

1898

Statutes, is amended to read:

1899

39.302 Protective investigations of institutional child

1900

abuse, abandonment, or neglect.--

1901

(1) The department shall conduct a child protective

1902

investigation of each report of institutional child abuse,

1903

abandonment, or neglect. Upon receipt of a report that alleges

1904

that an employee or agent of the department, or any other entity

1905

or person covered by s. 39.01(33) or (47) s. 39.01(32) or (46),

1906

acting in an official capacity, has committed an act of child

1907

abuse, abandonment, or neglect, the department shall initiate a

1908

child protective investigation within the timeframe established

1909

by the central abuse hotline under s. 39.201(5) and orally notify

1910

the appropriate state attorney, law enforcement agency, and

1911

licensing agency, which. These agencies shall immediately conduct

1912

a joint investigation, unless independent investigations are more

1913

feasible. When conducting investigations onsite or having face-

1914

to-face interviews with the child, such investigation visits

1915

shall be unannounced unless it is determined by the department or

1916

its agent that the unannounced visits would threaten the safety

1917

of the child. If When a facility is exempt from licensing, the

1918

department shall inform the owner or operator of the facility of

1919

the report. Each agency conducting a joint investigation is

1920

entitled to full access to the information gathered by the

1921

department in the course of the investigation. A protective

1922

investigation must include an onsite visit of the child's place

1923

of residence. In all cases, The department shall make a full

1924

written report to the state attorney within 3 working days after

1925

making the oral report. A criminal investigation shall be

1926

coordinated, whenever possible, with the child protective

1927

investigation of the department. Any interested person who has

1928

information regarding the offenses described in this subsection

1929

may forward a statement to the state attorney as to whether

1930

prosecution is warranted and appropriate. Within 15 days after

1931

the completion of the investigation, the state attorney shall

1932

report the findings to the department and shall include in the

1933

report a determination of whether or not prosecution is justified

1934

and appropriate in view of the circumstances of the specific

1935

case.

1936

Section 30. Paragraphs (b) and (c) of subsection (2) of

1937

section 39.6011, Florida Statutes, are amended to read:

1938

39.6011 Case plan development.--

1939

(2) The case plan must be written simply and clearly in

1940

English and, if English is not the principal language of the

1941

child's parent, to the extent possible in the parent's principal

1942

language. Each case plan must contain:

1943

(b) The permanency goal as defined in s. 39.01(51).

1944

1945

the permanency goal of reunification with the parent or legal

1946

custodian in addition to a description of one of the remaining

1947

permanency goals described in s. 39.01 s. 39.01(51).

1948

Section 31. Paragraph (e) of subsection (6) of section

1949

39.811, Florida Statutes, is amended to read:

1950

39.811 Powers of disposition; order of disposition.--

1951

(6) The parental rights of one parent may be severed

1952

without severing the parental rights of the other parent only

1953

under the following circumstances:

1954

(e) If the parent whose rights are being terminated meets

1955

any of the criteria specified in s. 39.806(1)(d) and (f)-(l) (f)-

1956

(i).

1957

Section 32. Paragraph (a) of subsection (1) of section

1958

39.828, Florida Statutes, is amended to read:

1959

39.828 Grounds for appointment of a guardian advocate.--

1960

(1) The court shall appoint the person named in the

1961

petition as a guardian advocate with all the powers and duties

1962

specified in s. 39.829 for an initial term of 1 year upon a

1963

finding that:

1964

(a) The child named in the petition is or was a drug

1965

dependent newborn as described in s. 39.01(32)(g) s.

1966

39.01(31)(g);

1967

Section 33. Paragraph (d) of subsection (1) of section

1968

419.001, Florida Statutes, is amended to read:

1969

419.001 Site selection of community residential homes.--

1970

(1) For the purposes of this section, the following

1971

definitions shall apply:

1972

(d) "Resident" means any of the following: a frail elder as

1973

defined in s. 429.65; a physically disabled or handicapped person

1974

as defined in s. 760.22(7)(a); a developmentally disabled person

1975

as defined in s. 393.063; a nondangerous mentally ill person as

1976

defined in s. 394.455(18); or a child who is found to be

1977

dependent as defined in s. 39.01 or s.984.03, or a child in need

1978

of services as defined in s. 984.03 s. 39.01(14), s. 984.03(9) or

1979

(12), or s. 985.03.

1980

Section 34. Except as otherwise expressly provided in this

1981

act and except for this section, which shall take effect upon

1982

becoming a law, this act shall take effect July 1, 2008.