Florida Senate - 2008 CS for SB 1048

By the Committees on Children, Families, and Elder Affairs; Children, Families, and Elder Affairs

586-04239A-08 20081048c1

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. 39.507, F.S.; limiting a court to one order

adjudicating dependency; providing for supplemental

findings; 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; amending s. 39.810, F.S.; providing that if

termination of parental rights is in the best interests of

the child, it is also the least restrictive means of

protecting the child; 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

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

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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 an effective date.

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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 child who is 12 years of age or younger and who

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has been found by the department or the court to have committed

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an inappropriate sexual act on himself or herself or another

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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

386

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

467

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

469

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

502

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

518

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

521

jurisdiction to enforce the such injunction. Upon delivery of the

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injunction to the appropriate law enforcement agency, the agency

523

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.

529

775.082 or s. 775.083.

530

Section 11. Subsection (7) of section 39.507, Florida

531

Statutes, is amended to read:

532

39.507 Adjudicatory hearings; orders of adjudication.--

533

(7)(a) For as long as a court maintains jurisdiction over a

534

dependency case, only one order adjudicating each child in the

535

case dependent shall be entered. This order establishes the legal

536

status of the child for purposes of proceedings under this

537

chapter and may be based on the conduct of one parent, both

538

parents, or a legal custodian.

539

(b) Upon a properly noticed motion, a subsequent

540

evidentiary hearing may be held regarding the conduct of one

541

parent, both parents, or a custodian. With court approval,

542

supplemental findings made beyond a preponderance of the evidence

543

may be entered. The child's dependency status may not be retried

544

or readjudicated.

545

546

is in out-of-home care, the court shall inquire of the parent or

547

parents whether the parents have relatives who might be

548

considered as a placement for the child. The court shall advise

549

the parents that, if the parents fail to substantially comply

550

with the case plan, their parental rights may be terminated and

551

that the child's out-of-home placement may become permanent. The

552

parent or parents shall provide to the court and all parties

553

identification and location information of the relatives.

554

Section 12. Paragraphs (a) and (f) of subsection (1) of

555

section 39.521, Florida Statutes, are amended to read:

556

39.521 Disposition hearings; powers of disposition.--

557

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

558

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

559

dependency were proven in the adjudicatory hearing, or if the

560

parents or legal custodians have consented to the finding of

561

dependency or admitted the allegations in the petition, have

562

failed to appear for the arraignment hearing after proper notice,

563

or have not been located despite a diligent search having been

564

conducted.

565

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

566

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

567

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

568

representative of the guardian ad litem program, if the program

569

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

570

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

571

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

572

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

573

hearing within 30 days after the disposition hearing to review

574

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

575

the requirement for a predisposition study by separate order or

576

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

577

family and child information required by subsection (2) is

578

available in other documents filed with the court.

579

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

580

placement, the disposition order must include a written

581

determination that the child cannot safely remain at home with

582

reunification or family preservation services and that removal of

583

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

584

been removed before the disposition hearing, the order must also

585

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

586

department has made a reasonable effort to reunify the parent and

587

child, if reasonable efforts are required. Reasonable efforts to

588

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

589

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

590

occurred. The department has the burden of demonstrating that it

591

has made reasonable efforts under this paragraph.

592

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

593

effort" means the exercise of reasonable diligence and care by

594

the department to provide the services ordered by the court or

595

delineated in the case plan.

596

2. In support of its determination as to whether reasonable

597

efforts have been made, the court shall:

598

a. Enter written findings as to whether or not prevention

599

or reunification efforts were indicated.

600

b. If prevention or reunification efforts were indicated,

601

include a brief written description of what appropriate and

602

available prevention and reunification efforts were made.

603

c. Indicate in writing why further efforts could or could

604

not have prevented or shortened the separation of the parent and

605

child.

606

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

607

reasonable effort to prevent or eliminate the need for removal

608

if:

609

a. The first contact of the department with the family

610

occurs during an emergency;

611

b. The appraisal by the department of the home situation

612

indicates that it presents a substantial and immediate danger to

613

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

614

cannot be mitigated by the provision of preventive services;

615

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

616

there are no preventive services that can ensure the health and

617

safety of the child or, even with appropriate and available

618

services being provided, the health and safety of the child

619

cannot be ensured; or

620

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

621

listed as grounds for expedited termination of parental rights

622

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

623

4. A reasonable effort by the department for reunification

624

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

625

home situation by the department indicates that the severity of

626

the conditions of dependency is such that reunification efforts

627

are inappropriate. The department has the burden of demonstrating

628

to the court that reunification efforts were inappropriate.

629

5. If the court finds that the prevention or reunification

630

effort of the department would not have permitted the child to

631

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

632

temporary legal custody of the department or take any other

633

action authorized by this chapter.

634

Section 13. Subsection (5) of section 39.701, Florida

635

Statutes, is amended to read:

636

39.701 Judicial review.--

637

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

638

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

639

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

640

following persons regardless of whether the person was present at

641

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

642

hearing was announced:

643

(a) The social service agency charged with the supervision

644

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

645

not the movant.

646

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

647

child resides.

648

649

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

650

representative of the guardian ad litem program if the program

651

has been appointed.

652

(e) The attorney for the child.

653

(f) The child, if the child is 15 years of age or older.

654

(g)(e) Any preadoptive parent.

655

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

656

discretion direct.

657

658

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

659

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

660

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

661

was announced.

662

Section 14. Subsection (1) of section 39.8055, Florida

663

Statutes, is amended to read:

664

39.8055 Requirement to file a petition to terminate

665

parental rights; exceptions.--

666

(1) The department shall file a petition to terminate

667

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

668

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

669

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

670

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

671

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

672

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

673

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

674

including any trial home visits or time during which the child

675

was a runaway;

676

677

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

678

murder, or conspiracy or solicitation to murder the other parent

679

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

680

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

681

child of the parent; or

682

(d) A court determines that reasonable efforts to reunify

683

the child and parent are not required.

684

Section 15. Paragraphs (e) though (h) of subsection (1) of

685

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

686

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

687

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

688

39.806 Grounds for termination of parental rights.--

689

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

690

established under any of the following circumstances:

691

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

692

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

693

have materially breached the case plan. For purposes of this

694

subsection, the term "materially breached" means:

695

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

696

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

697

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

698

months 12 months after an adjudication of the child as a

699

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

700

whichever occurs came first, constitutes evidence of continuing

701

abuse, neglect, or abandonment unless the failure to

702

substantially comply with the case plan was due either to the

703

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

704

failure of the department to make reasonable efforts to reunify

705

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

706

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

707

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

708

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

709

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

710

reunification with the parent, whichever occurs came first; or

711

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

712

has materially breached the case plan by making it unlikely that

713

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

714

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

715

essence for permanency of children in the dependency system. In

716

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

717

the court must find by clear and convincing evidence that the

718

parent is unlikely or unable to substantially comply with the

719

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

720

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

721

frequent and regular contact with the child through frequent and

722

regular visitation or communication.

723

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

724

or had the opportunity and capability to prevent and knowingly

725

failed to prevent egregious conduct that threatens the life,

726

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

727

the child's sibling.

728

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

729

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

730

parents regardless of whether the child is related legally or by

731

consanguinity.

732

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

733

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

734

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

735

a normal standard of conduct. Egregious conduct may include an

736

act or omission that occurred only once but was of such

737

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

738

child.

739

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

740

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

741

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

742

abuse.

743

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

744

murder, manslaughter, aiding or abetting the murder, or

745

conspiracy or solicitation to murder the other parent or another

746

child, or a felony battery that resulted in serious bodily injury

747

to the child or to another child committed murder or voluntary

748

manslaughter of another child, or a felony assault that results

749

in serious bodily injury to the child or another child, or aided

750

or abetted, attempted, conspired, or solicited to commit such a

751

murder or voluntary manslaughter or felony assault.

752

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

753

the child have been terminated involuntarily.

754

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

755

abusive, and chronic use of alcohol or a controlled substance

756

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

757

refused or failed to complete available treatment for such use

758

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

759

petition for termination of parental rights.

760

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

761

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

762

or a controlled substance or metabolites of such substances, the

763

presence of which was not the result of medical treatment

764

administered to the mother or the newborn infant, and the

765

biological mother of the child is the biological mother of at

766

least one other child who was adjudicated dependent after a

767

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

768

to a controlled substance or alcohol as defined in s.

769

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

770

opportunity to participate in substance abuse treatment.

771

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

772

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

773

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

774

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

775

parents.

776

(2) Reasonable efforts to preserve and reunify families are

777

not required if a court of competent jurisdiction has determined

778

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

779

(i) have occurred.

780

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

781

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

782

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

783

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

784

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

785

of parental rights to allow continuation of services until the

786

termination is granted or until further orders of the court are

787

issued.

788

(4) If When an expedited termination of parental rights

789

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

790

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

791

and to complete whatever steps are necessary to finalize the

792

permanent placement of the child.

793

Section 16. Section 39.810, Florida Statutes, is amended to

794

read:

795

39.810 Manifest best interests of the child.--In a hearing

796

on a petition for termination of parental rights, the court shall

797

consider the manifest best interests of the child. This

798

consideration shall not include a comparison between the

799

attributes of the parents and those of any persons providing a

800

present or potential placement for the child. For the purpose of

801

determining the manifest best interests of the child, the court

802

shall consider and evaluate all relevant factors, including, but

803

not limited to:

804

(1) Any suitable permanent custody arrangement with a

805

relative of the child. However, the availability of a nonadoptive

806

placement with a relative may not receive greater consideration

807

than any other factor weighing on the manifest best interest of

808

the child and may not be considered as a factor weighing against

809

termination of parental rights. If a child has been in a stable

810

or preadoptive placement for not less than 6 months, the

811

availability of a different placement, including a placement with

812

a relative, may not be considered as a ground to deny the

813

termination of parental rights.

814

(2) The ability and disposition of the parent or parents to

815

provide the child with food, clothing, medical care or other

816

remedial care recognized and permitted under state law instead of

817

medical care, and other material needs of the child.

818

(3) The capacity of the parent or parents to care for the

819

child to the extent that the child's safety, well-being, and

820

physical, mental, and emotional health will not be endangered

821

upon the child's return home.

822

(4) The present mental and physical health needs of the

823

child and such future needs of the child to the extent that such

824

future needs can be ascertained based on the present condition of

825

the child.

826

(5) The love, affection, and other emotional ties existing

827

between the child and the child's parent or parents, siblings,

828

and other relatives, and the degree of harm to the child that

829

would arise from the termination of parental rights and duties.

830

(6) The likelihood of an older child remaining in long-term

831

foster care upon termination of parental rights, due to emotional

832

or behavioral problems or any special needs of the child.

833

(7) The child's ability to form a significant relationship

834

with a parental substitute and the likelihood that the child will

835

enter into a more stable and permanent family relationship as a

836

result of permanent termination of parental rights and duties.

837

(8) The length of time that the child has lived in a

838

stable, satisfactory environment and the desirability of

839

maintaining continuity.

840

(9) The depth of the relationship existing between the

841

child and the present custodian.

842

(10) The reasonable preferences and wishes of the child, if

843

the court deems the child to be of sufficient intelligence,

844

understanding, and experience to express a preference.

845

(11) The recommendations for the child provided by the

846

child's guardian ad litem or legal representative.

847

848

If the court finds that termination of parental rights is in the

849

manifest best interests of the child, the court shall also find

850

that termination of parental rights is the least restrictive

851

means of protecting the child.

852

Section 17. Subsection (14) of section 63.032, Florida

853

Statutes, is amended to read:

854

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

855

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

856

person being adopted within the third degree of consanguinity.

857

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

858

sibling who was adopted from the child welfare system.

859

Section 18. Subsection (4) of section 322.142, Florida

860

Statutes, is amended to read:

861

322.142 Color photographic or digital imaged licenses.--

862

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

863

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

864

and signature of the licensees, together with other data required

865

by the department for identification and retrieval. Reproductions

866

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

867

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

868

administrative purposes; for the issuance of duplicate licenses;

869

in response to law enforcement agency requests; to the Department

870

of State pursuant to an interagency agreement to facilitate

871

determinations of eligibility of voter registration applicants

872

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

873

to the Department of Revenue pursuant to an interagency agreement

874

for use in establishing paternity and establishing, modifying, or

875

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

876

Department of Children and Family Services pursuant to an

877

interagency agreement to conduct protective investigations under

878

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

879

Services pursuant to an interagency agreement to facilitate the

880

location of owners of unclaimed property, the validation of

881

unclaimed property claims, and the identification of fraudulent

882

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

883

119.07(1).

884

Section 19. Section 402.401, Florida Statutes, is amended

885

to read:

886

402.401 Florida Child Welfare Student Loan Forgiveness

887

Program.--

888

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

889

Forgiveness Program to be administered by the Department of

890

Children and Family Services Education. The program shall provide

891

loan reimbursement assistance to eligible employees in child

892

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

893

as determined by the department, and that are within the

894

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

895

agencies students for upper-division undergraduate and graduate

896

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

897

and promising students to the child welfare profession, increase

898

employment and retention of individuals who are working towards

899

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

900

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

901

qualifies the individual for employment as a family services

902

worker, and provide opportunities for persons making midcareer

903

decisions to enter the child welfare profession. The State Board

904

of Education shall adopt rules necessary to administer the

905

program.

906

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

907

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

908

candidate shall:

909

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

910

undergraduate or graduate level in a social work program approved

911

by the Council on Social Work Education leading to either a

912

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

913

accredited human services degree program.

914

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

915

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

916

at the Department of Children and Family Services or its

917

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

918

defined in s. 409.1671.

919

3. If applying for an undergraduate forgivable loan, have

920

maintained a minimum cumulative grade point average of at least a

921

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

922

for undergraduate loans shall have maintained a minimum

923

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

924

for all undergraduate work and have earned at least 12 semester

925

credits per term, or the equivalent.

926

4. If applying for a graduate forgivable loan, have

927

maintained an undergraduate cumulative grade point average of at

928

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

929

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

930

graduate loans shall have maintained a minimum cumulative grade

931

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

932

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

933

equivalent.

934

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

935

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

936

937

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

938

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

939

the graduate level shall:

940

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

941

social work at any college or university accredited by the

942

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

943

services field from an accredited college or university.

944

2. Not have received an undergraduate forgivable loan as

945

provided for in paragraph (b).

946

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

947

repayment schedules and applicable interest rates under ss.

948

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

949

years after completion of a program of studies.

950

1. Credit for repayment of an undergraduate or graduate

951

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

952

loan principal plus applicable accrued interest for each full

953

year of eligible service in the child welfare profession.

954

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

955

Department of Children and Family Services or its successor, or

956

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

957

409.1671, is responsible for repaying the loan plus accrued

958

interest at 8 percent annually.

959

3. Forgivable loan recipients may receive loan repayment

960

credit for child welfare service rendered at any time during the

961

scheduled repayment period. However, such repayment credit shall

962

be applicable only to the current principal and accrued interest

963

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

964

No loan recipient shall be reimbursed for previous cash payments

965

of principal and interest.

966

(3) This section shall be implemented only as specifically

967

funded.

968

Section 20. Paragraph (a) of subsection (4) of section

969

409.175, Florida Statutes, is amended to read:

970

409.175 Licensure of family foster homes, residential

971

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

972

exemption.--

973

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

974

caring agency may shall not provide receive a child for

975

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

976

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

977

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

978

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

979

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

980

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

981

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

982

adoption pursuant to chapter 63.

983

Section 21. Section 409.401, Florida Statutes, is amended

984

to read:

985

(Substantial rewording of section. See s. 409.401,

986

F.S., for present text.)

987

409.401 Interstate Compact on the Placement of

988

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

989

enacted into law and entered into with all other jurisdictions

990

substantially as follows:

991

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

992

(a) Provide a process through which children subject to

993

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

994

manner.

995

(b) Facilitate ongoing supervision of a placement, the

996

delivery of services, and communication between the states.

997

998

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

999

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

1000

administer the provisions of this compact and regulating the

1001

covered activities of the member states.

1002

(e) Provide for uniform data collection and information

1003

sharing between member states.

1004

(f) Promote coordination between this compact, the

1005

Interstate Compact for Juveniles, the Interstate Compact on

1006

Adoption and Medical Assistance and other compacts affecting the

1007

placement of and which provide services to children otherwise

1008

subject to this compact.

1009

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

1010

responsibility for placement and care of a child that it would

1011

have had if the placement were intrastate.

1012

(h) Provide for the adoption of guidelines, in

1013

collaboration with Indian tribes, for interstate cases involving

1014

Indian children as allowed by federal law.

1015

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

1016

term:

1017

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

1018

agency in the receiving state has determined that the placement

1019

is both safe and suitable for the child.

1020

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

1021

placement by a public child-placing agency to determine whether

1022

the placement meets the individualized needs of the child,

1023

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

1024

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

1025

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

1026

placing agency.

1027

1028

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

1029

before a judge or notary public.

1030

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

1031

perform the obligations or responsibilities imposed upon it by

1032

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

1033

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

1034

conducted in accordance with the applicable requirements of the

1035

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

1036

and the suitability of the placement resource for placement of a

1037

child in accordance with the laws and requirements of the state

1038

in which the home is located.

1039

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

1040

other organized group or community of Indians recognized as

1041

eligible for services provided to Indians by the Secretary of the

1042

Interior because of their status as Indians, including any

1043

Alaskan native village as defined in the Alaska Native Claims

1044

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

1045

(h) "Interstate Commission" means the "Interstate

1046

Commission for the Placement of Children" created under Article

1047

VIII of this compact.

1048

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

1049

to hear and decide matters.

1050

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

1051

placement made before an adoption where the prospective adoptive

1052

parents acknowledge in writing that a child can be ordered

1053

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

1054

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

1055

decree of adoption may not be entered in any jurisdiction until

1056

all required consents are obtained or are dispensed with in

1057

accordance with applicable law.

1058

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

1059

compact.

1060

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

1061

of the commencement of court proceedings in the sending state,

1062

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

1063

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

1064

findings of child abuse or neglect.

1065

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

1066

this compact.

1067

(n) "Notice of residential placement" means information

1068

regarding a placement into a residential facility provided to the

1069

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

1070

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

1071

parent or legal guardian, evidence of authority to make the

1072

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

1073

child is to be placed. Notice of residential placement also

1074

includes information regarding a discharge and any unauthorized

1075

absence from the facility.

1076

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

1077

placing agency for the purpose of arranging for the care or

1078

custody of a child in another state.

1079

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

1080

corporation, agency, foundation, institution, or charitable

1081

organization, or any private person or attorney that facilitates,

1082

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

1083

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

1084

acting under color of state law.

1085

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

1086

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

1087

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

1088

allowable, the receiving state has temporarily waived its

1089

standards or requirements otherwise applicable to prospective

1090

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

1091

Completion of the receiving state requirements regarding training

1092

for prospective foster or adoptive parents may not delay an

1093

otherwise safe and suitable placement.

1094

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

1095

child welfare agency or child protection agency or a private

1096

entity under contract with such an agency, regardless of whether

1097

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

1098

governmental unit and which facilitates, causes, or is involved

1099

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

1100

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

1101

sent or brought.

1102

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

1103

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

1104

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

1105

nonrelative who has such significant ties to the child that they

1106

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

1107

sending state.

1108

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

1109

level of care that is sufficient to substitute for parental

1110

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

1111

assessment or treatment of an acute condition. For purposes of

1112

the compact, residential facilities do not include institutions

1113

primarily educational in character, hospitals, or other medical

1114

facilities.

1115

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

1116

principle issued by the Interstate Commission, adopted pursuant

1117

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

1118

and that implements, interprets or prescribes a policy or

1119

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

1120

administrative rule in a member state, and includes the

1121

amendment, repeal, or suspension of an existing rule.

1122

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

1123

placement of a child is initiated.

1124

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

1125

military installation where an active duty Armed Services member

1126

is currently assigned and is physically located under orders that

1127

do not specify the duty as temporary.

1128

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

1129

state in which the active duty Armed Services member is

1130

considered a resident for tax and voting purposes.

1131

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

1132

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

1133

States Virgin Islands, Guam, American Samoa, the Northern

1134

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

1135

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

1136

vested by law with responsibility for adjudicating cases

1137

involving abuse, neglect, deprivation, delinquency, or status

1138

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

1139

(bb) "Supervision" means monitoring provided by the

1140

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

1141

pursuant to this compact.

1142

(3) ARTICLE III; APPLICABILITY.--

1143

(a) Except as otherwise provided in this Article,

1144

subsection (b), this compact shall apply to:

1145

1. The interstate placement of a child subject to ongoing

1146

court jurisdiction in the sending state due to allegations or

1147

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

1148

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

1149

the child into a residential facility only requires notice of

1150

residential placement to the receiving state prior to placement.

1151

2. The interstate placement of a child adjudicated

1152

delinquent or unmanageable based on the laws of the sending state

1153

and subject to ongoing court jurisdiction of the sending state

1154

if:

1155

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

1156

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

1157

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

1158

the determination of safety and suitability of the placement and

1159

services required is not provided through another compact.

1160

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

1161

placing agency or private child-placing agency as a preliminary

1162

step to a possible adoption.

1163

(b) This compact does not apply to:

1164

1. The interstate placement of a child with a nonrelative

1165

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

1166

make such a placement if the placement is not intended to

1167

effectuate an adoption.

1168

2. The interstate placement of a child by one relative

1169

having the lawful authority to make such a placement directly

1170

with a relative in a receiving state.

1171

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

1172

into a residential facility by his parent.

1173

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

1174

a. The noncustodial parent proves to the satisfaction of a

1175

court in the sending state a substantial relationship with the

1176

child;

1177

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

1178

that placement with the noncustodial parent is in the best

1179

interests of the child; and

1180

c. The court in the sending state dismisses its

1181

jurisdiction over the child's case.

1182

5. A child entering the United States from a foreign

1183

country for the purpose of adoption or leaving the United States

1184

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

1185

country.

1186

6. Cases in which a United States citizen child living

1187

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

1188

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

1189

placed in a state.

1190

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

1191

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

1192

rules of the Interstate Commission.

1193

1194

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

1195

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

1196

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

1197

permanent duty station or the service member's declared legal

1198

residence.

1199

(d) The provisions of this compact may be applied

1200

concurrently with other applicable interstate compacts including

1201

the Interstate Compact for Juveniles and the Interstate Compact

1202

on Adoption and Medical Assistance. The Interstate Commission

1203

may, in cooperation with other interstate compact commissions

1204

having responsibility for the interstate movement, placement or

1205

transfer of children, adopt like rules to ensure the coordination

1206

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

1207

unnecessary or duplicative administrative or procedural

1208

requirements.

1209

(4) ARTICLE IV; JURISDICTION.--

1210

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

1211

and independent adoptions, the sending state shall retain

1212

jurisdiction over a child with respect to all matters of custody

1213

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

1214

had remained in the sending state. Such jurisdiction shall also

1215

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

1216

state.

1217

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

1218

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

1219

with the court of the sending state to determine the most

1220

appropriate forum for adjudication.

1221

1222

sending state may terminate its jurisdiction if:

1223

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

1224

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

1225

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

1226

agency in the receiving state;

1227

2. The child is adopted;

1228

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

1229

the sending state;

1230

4. The child achieves legal independence pursuant to the

1231

laws of the sending state;

1232

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

1233

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

1234

6. An Indian tribe has petitioned for and received

1235

jurisdiction from the court in the sending state; or

1236

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

1237

requests termination and has obtained the concurrence of the

1238

public child-placing agency in the receiving the state.

1239

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

1240

the receiving state child-placing agency must be notified.

1241

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

1242

of jurisdiction by a receiving state court necessary for dealing

1243

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

1244

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

1245

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

1246

laws.

1247

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

1248

receiving state's ability to take emergency jurisdiction for the

1249

protection of the child.

1250

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

1251

is finalized shall govern all issues relating to the adoption of

1252

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

1253

shall have subject matter jurisdiction regarding all substantive

1254

issues relating to the adoption, except:

1255

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

1256

jurisdiction over the child prior to the placement;

1257

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

1258

in the sending state; or

1259

3. If a court in the sending state has otherwise

1260

appropriately assumed jurisdiction over the child, prior to the

1261

submission of the request for approval of placement.

1262

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

1263

jurisdiction until the placement is authorized as an "approved

1264

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

1265

state.

1266

(5) ARTICLE V; PLACEMENT EVALUATION.--

1267

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

1268

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

1269

agency must provide a written request for assessment to the

1270

receiving state.

1271

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

1272

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

1273

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

1274

sending and receiving state public child-placing agency. The

1275

required content for a request for provisional approval must

1276

include all of following:

1277

1. A request for approval identifying the child, birth

1278

parent, the prospective adoptive parent, and the supervising

1279

agency, signed by the person requesting approval;

1280

2. Certification by a licensed attorney or other authorized

1281

agent that the consent or relinquishment is in compliance with

1282

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

1283

of the state where finalization of the adoption occurs;

1284

3. A home study; and

1285

4. An acknowledgment of legal risk signed by the

1286

prospective adoptive parents.

1287

1288

additional information or documents before finalizing an approved

1289

placement, but may not delay travel by the prospective adoptive

1290

parents with the child if the required content for approval has

1291

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

1292

agency in both the sending state and the receiving state.

1293

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

1294

receiving state for a provisional or approved placement is

1295

required as provided for in the rules of the Interstate

1296

Commission.

1297

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

1298

assessment must contain all information and be in a form as

1299

provided for in the rules of the Interstate Commission.

1300

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

1301

agency of the sending state, the receiving state shall initiate

1302

an assessment of the proposed placement to determine its safety

1303

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

1304

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

1305

a determination for a provisional placement.

1306

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

1307

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

1308

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

1309

receive, supporting or additional information necessary to

1310

complete the assessment or approve the placement.

1311

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

1312

shall approve a provisional placement and complete or arrange for

1313

the completion of the assessment within the timeframes

1314

established by the rules of the Interstate Commission.

1315

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

1316

sending state may not impose any additional requirements for

1317

completing the home study that are not required by the receiving

1318

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

1319

(j) The Interstate Commission may develop uniform standards

1320

for the assessment of the safety and suitability of interstate

1321

placements.

1322

(6) ARTICLE VI; PLACEMENT AUTHORITY.--

1323

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

1324

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

1325

until approval for such placement is obtained.

1326

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

1327

state does not approve the proposed placement then the child may

1328

not be placed. The receiving state shall provide written

1329

documentation of any such determination in accordance with the

1330

rules adopted by the Interstate Commission. Such determination is

1331

not subject to judicial review in the sending state.

1332

1333

interested party has standing to seek an administrative review of

1334

the receiving state's determination.

1335

1. The administrative review and any further judicial

1336

review associated with the determination shall be conducted in

1337

the receiving state pursuant to its applicable administrative

1338

procedures.

1339

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

1340

child in the receiving state is overturned upon review, the

1341

placement shall be deemed approved if all administrative or

1342

judicial remedies have been exhausted or the time for such

1343

remedies has passed.

1344

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

1345

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

1346

public child-placing agency or state court:

1347

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

1348

shall have financial responsibility for:

1349

a. The ongoing support and maintenance of the child during

1350

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

1351

receiving state; and

1352

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

1353

sending state, services for the child beyond the public services

1354

for which the child is eligible in the receiving state.

1355

2. The receiving state shall have financial responsibility

1356

only for:

1357

a. Any assessment conducted by the receiving state;

1358

b. Supervision conducted by the receiving state at the

1359

level necessary to support the placement as agreed upon by the

1360

public child-placing agencies of the receiving and sending

1361

states.

1362

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

1363

enter into agreements with licensed agencies or persons in the

1364

receiving state to conduct assessments and provide supervision.

1365

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

1366

agency preliminary to a possible adoption, the private child-

1367

placing agency is:

1368

1. Legally responsible for the child during the period of

1369

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

1370

finalization of the adoption.

1371

2. Financially responsible for the child absent a

1372

contractual agreement to the contrary.

1373

1374

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

1375

the Interstate Commission.

1376

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

1377

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

1378

services for the child, including timely reports, during the

1379

period of the placement.

1380

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

1381

may contract with a licensed agency or person in the receiving

1382

state for an assessment or the provision of supervision or

1383

services for the child and may authorize the provision of

1384

supervision or services by a licensed agency during the period of

1385

placement.

1386

(f) Each member state shall provide for coordination among

1387

its branches of government concerning the state's participation

1388

in, and compliance with, the compact and Interstate Commission

1389

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

1390

an existing body or board.

1391

(g) Each member state shall establish a central state

1392

compact office that is responsible for state compliance with the

1393

compact and the rules of the Interstate Commission.

1394

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

1395

shall oversee compliance with the provisions of the Indian Child

1396

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

1397

the provisions of this compact, prior to placement.

1398

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

1399

may enter into limited agreements that facilitate the timely

1400

assessment and provision of services and supervision of

1401

placements under this compact.

1402

(8) ARTICLE VIII; INTERSTATE COMMISSION FOR THE PLACEMENT

1403

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

1404

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

1405

Placement of Children." The activities of the Interstate

1406

Commission are the formation of public policy and are a

1407

discretionary state function. The Interstate Commission shall:

1408

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

1409

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

1410

and such additional powers as may be conferred upon it by

1411

subsequent concurrent action of the respective legislatures of

1412

the member states.

1413

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

1414

is appointed by the head of the state human services agency

1415

having ultimate responsibility for the child welfare program. The

1416

appointed commissioner shall have the legal authority to vote on

1417

policy-related matters governed by this compact binding the

1418

state.

1419

1. Each member state represented at a meeting of the

1420

Interstate Commission is entitled to one vote.

1421

2. A majority of the member states shall constitute a

1422

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

1423

required by the bylaws of the Interstate Commission.

1424

3. A representative may not delegate a vote to another

1425

member state.

1426

4. A representative may delegate voting authority to

1427

another person from their state for a specified meeting.

1428

1429

the Interstate Commission shall include persons who are members

1430

of interested organizations as defined in the bylaws or rules of

1431

the Interstate Commission. Such members are ex officio and are

1432

not entitled to vote on any matter before the Interstate

1433

Commission.

1434

(d) Establish an executive committee that has is authorized

1435

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

1436

Interstate Commission. It may not engage in rulemaking.

1437

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

1438

COMMISSION.--The Interstate Commission shall have the following

1439

powers:

1440

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

1441

the goals, purposes, and obligations as enumerated in this

1442

compact.

1443

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

1444

1445

opinions concerning the meaning or interpretation of the

1446

interstate compact, its bylaws, rules, or actions.

1447

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

1448

or rules of the Interstate Commission pursuant to Article XII.

1449

(e) Collect standardized data concerning the interstate

1450

placement of children subject to this compact as directed through

1451

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

1452

means of collection, and data exchange and reporting

1453

requirements.

1454

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

1455

for the transacting of its business.

1456

(g) To purchase and maintain insurance and bonds.

1457

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

1458

consultants as necessary to carry out its functions under the

1459

compact and establish personnel qualification policies, and rates

1460

of compensation.

1461

(i) To establish and appoint committees and officers,

1462

including an executive committee as required by Article X.

1463

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

1464

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

1465

use, and dispose thereof.

1466

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

1467

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

1468

real, personal, or mixed.

1469

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

1470

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

1471

mixed.

1472

(m) To establish a budget and make expenditures.

1473

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

1474

operation of the Interstate Commission.

1475

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

1476

judiciary, and state advisory councils of the member states

1477

concerning the activities of the Interstate Commission during the

1478

preceding year. Such reports shall also include any

1479

recommendations that may have been adopted by the Interstate

1480

Commission.

1481

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

1482

public awareness regarding the interstate movement of children

1483

for officials involved in such activity.

1484

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

1485

bylaws of the Interstate Commission.

1486

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

1487

appropriate to achieve the purposes of this compact.

1488

(10) ARTICLE X; ORGANIZATION AND OPERATION OF THE

1489

INTERSTATE COMMISSION.--

1490

(a) Bylaws.--

1491

1. Within 12 months after the first Interstate Commission

1492

meeting, the Interstate Commission shall adopt bylaws to govern

1493

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

1494

purposes of the compact.

1495

2. The Interstate Commission's bylaws and rules shall

1496

establish conditions and procedures under which the Interstate

1497

Commission shall make its information and official records

1498

available to the public for inspection or copying. The Interstate

1499

Commission may exempt from disclosure information or official

1500

records to the extent they would adversely affect personal

1501

privacy rights or proprietary interests.

1502

(b) Meetings.--

1503

1. The Interstate Commission shall meet at least once each

1504

calendar year. The chairperson may call additional meetings and,

1505

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

1506

call additional meetings.

1507

2. Public notice shall be given by the Interstate

1508

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

1509

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

1510

in the compact. The Interstate Commission and its committees may

1511

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

1512

thirds vote that an open meeting would be likely to:

1513

a. Relate solely to the Interstate Commission's internal

1514

personnel practices and procedures;

1515

b. Disclose matters specifically exempted from disclosure

1516

by federal law;

1517

c. Disclose financial or commercial information that is

1518

privileged, proprietary or confidential in nature;

1519

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

1520

censuring a person;

1521

e. Disclose information of a personal nature where

1522

disclosure would constitute a clearly unwarranted invasion of

1523

personal privacy or physically endanger one or more persons;

1524

f. Disclose investigative records compiled for law

1525

enforcement purposes; or

1526

g. Specifically relate to the Interstate Commission's

1527

participation in a civil action or other legal proceeding.

1528

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

1529

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

1530

designee shall certify that the meeting may be closed and shall

1531

reference each relevant exemption provision. The Interstate

1532

Commission shall keep minutes that fully and clearly describe all

1533

matters discussed in a meeting and shall provide a full and

1534

accurate summary of actions taken, and the reasons therefore,

1535

including a description of the views expressed and the record of

1536

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

1537

action shall be identified in the minutes. All minutes and

1538

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

1539

release by a majority vote of the Interstate Commission or by

1540

court order.

1541

4. The bylaws may provide for meetings of the Interstate

1542

Commission conducted by telecommunication or other electronic

1543

communication.

1544

1545

1. The Interstate Commission may, through its executive

1546

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

1547

upon such terms and conditions and for such compensation as the

1548

Interstate Commission deems appropriate. The staff director shall

1549

serve as secretary to the Interstate Commission, but does not

1550

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

1551

staff as may be authorized by the Interstate Commission.

1552

2. The Interstate Commission shall elect, from among its

1553

members, a chairperson and a vice chairperson of the executive

1554

committee and other necessary officers, each of whom shall have

1555

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

1556

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

1557

1. The Interstate Commission's staff director and its

1558

employees are immune from suit and liability, personally or in

1559

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

1560

property, or personal injury or other civil liability caused,

1561

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

1562

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

1563

basis for believing occurred, within the scope of Commission

1564

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

1565

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

1566

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

1567

and wanton misconduct of such person.

1568

a. The liability of the Interstate Commission's staff

1569

director and employees or Interstate Commission representatives,

1570

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

1571

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

1572

may not exceed the limits of liability set forth under the

1573

constitution and laws of that state for state officials,

1574

employees, and agents. The Interstate Commission is considered to

1575

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

1576

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

1577

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

1578

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

1579

b. The Interstate Commission shall defend the staff

1580

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

1581

Attorney General or other appropriate legal counsel of the member

1582

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

1583

action seeking to impose liability arising out of an actual or

1584

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

1585

Interstate Commission employment, duties, or responsibilities, or

1586

that the defendant had a reasonable basis for believing occurred

1587

within the scope of Interstate Commission employment, duties, or

1588

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

1589

omission did not result from intentional, willful, and wanton

1590

misconduct on the part of such person.

1591

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

1592

state, or the Interstate Commission, the representatives or

1593

employees of the Interstate Commission shall be held harmless in

1594

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

1595

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

1596

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

1597

of Interstate Commission employment, duties, or responsibilities,

1598

or that such persons had a reasonable basis for believing

1599

occurred within the scope of Interstate Commission employment,

1600

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

1601

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

1602

misconduct on the part of such persons.

1603

(11) ARTICLE XI; RULEMAKING FUNCTIONS OF THE INTERSTATE

1604

COMMISSION.--

1605

(a) The Interstate Commission shall adopt and publish rules

1606

in order to effectively and efficiently achieve the purposes of

1607

the compact.

1608

(b) Rulemaking shall occur pursuant to the criteria set

1609

forth in this article and the bylaws and rules adopted pursuant

1610

thereto. Such rulemaking shall substantially conform to the

1611

principles of the "Model State Administrative Procedures Act,"

1612

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

1613

other administrative procedure acts as the Interstate Commission

1614

deems appropriate consistent with due process requirements under

1615

the United States Constitution as now or hereafter interpreted by

1616

the United States Supreme Court. All rules and amendments are

1617

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

1618

version of the rule as approved by the Interstate Commission.

1619

1620

at a minimum:

1621

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

1622

reasons for that proposed rule;

1623

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

1624

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

1625

record, and be made publicly available; and

1626

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

1627

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

1628

interested parties.

1629

(d) Rules adopted by the Interstate Commission shall have

1630

the force and effect of administrative rules and are binding in

1631

the compacting states to the extent and in the manner provided

1632

for in this compact.

1633

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

1634

person may file a petition in the United States District Court

1635

for the District of Columbia or in the federal district court

1636

where the Interstate Commission's principal office is located for

1637

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

1638

Interstate Commission's action is not supported by substantial

1639

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

1640

unlawful and set it aside.

1641

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

1642

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

1643

resolution in the same manner used to adopt the compact cause

1644

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

1645

state.

1646

(g) The existing rules governing the operation of the

1647

Interstate Compact on the Placement of Children superseded by

1648

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

1649

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

1650

determined by the members during the first meeting.

1651

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

1652

Commission shall adopt rules addressing the following:

1653

1. Transition rules.

1654

2. Forms and procedures.

1655

3. Timelines.

1656

4. Data collection and reporting.

1657

5. Rulemaking.

1658

6. Visitation.

1659

7. Progress reports and supervision.

1660

8. Sharing of information and confidentiality.

1661

9. Financing of the Interstate Commission.

1662

10. Mediation, arbitration, and dispute resolution.

1663

11. Education, training, and technical assistance.

1664

12. Enforcement.

1665

13. Coordination with other interstate compacts.

1666

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

1667

Interstate Commission that an emergency exists:

1668

1. The Interstate Commission may adopt an emergency rule

1669

only if it is required to:

1670

a. Protect the children covered by this compact from an

1671

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

1672

b. Prevent loss of federal or state funds; or

1673

c. Meet a deadline for the adoption of an administrative

1674

rule required by federal law.

1675

2. An emergency rule becomes effective immediately upon

1676

adoption, if the usual rulemaking procedures are retroactively

1677

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

1678

90 days after the effective date of the emergency rule.

1679

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

1680

the rules of the Interstate Commission.

1681

(12) ARTICLE XII; OVERSIGHT, DISPUTE RESOLUTION,

1682

ENFORCEMENT.--

1683

(a) Oversight.--

1684

1. The Interstate Commission shall oversee the

1685

administration and operation of the compact.

1686

2. The executive, legislative, and judicial branches of

1687

state government in each member state shall enforce this compact

1688

and the rules of the Interstate Commission and shall take all

1689

actions necessary and appropriate to effectuate the compact's

1690

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

1691

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

1692

this compact.

1693

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

1694

the rules in any judicial or administrative proceeding in a

1695

member state pertaining to the subject matter of this compact.

1696

4. The Interstate Commission shall receive service of

1697

process in any action in which the validity of a compact

1698

provision or rule is the issue for which a judicial determination

1699

has been sought and shall have standing to intervene in any

1700

proceedings. Failure to provide service of process to the

1701

Interstate Commission shall render any judgment, order, or other

1702

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

1703

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

1704

Interstate Commission.

1705

(b) Dispute resolution.--

1706

1. The Interstate Commission shall attempt, upon the

1707

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

1708

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

1709

member and nonmember states.

1710

2. The Interstate Commission shall adopt a rule providing

1711

for both mediation and binding dispute resolution for disputes

1712

among compacting states. The costs of such mediation or dispute

1713

resolution is the responsibility of the parties to the dispute.

1714

1715

1. If the Interstate Commission determines that a member

1716

state has defaulted in the performance of its obligations or

1717

responsibilities under this compact, its bylaws or rules, the

1718

Interstate Commission may:

1719

a. Provide remedial training and specific technical

1720

assistance;

1721

b. Provide written notice to the defaulting state and other

1722

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

1723

curing the default. The Interstate Commission shall specify the

1724

conditions by which the defaulting state must cure its default;

1725

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

1726

defaulting member state legal action in the United State District

1727

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

1728

Interstate Commission, in the federal district where the

1729

Interstate Commission has its principal office, to enforce

1730

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

1731

rules. The relief sought may include both injunctive relief and

1732

damages. If judicial enforcement is necessary, the prevailing

1733

party shall be awarded all costs of such litigation including

1734

reasonable attorney's fees; or

1735

d. Avail itself of any other remedies available under state

1736

law or the regulation of official or professional conduct.

1737

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

1738

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

1739

payment of the reasonable expenses of its establishment,

1740

organization, and ongoing activities.

1741

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

1742

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

1743

operations and activities of the Interstate Commission and its

1744

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

1745

Interstate Commission's annual budget as approved by its members

1746

each year. The aggregate annual assessment amount shall be

1747

allocated based upon a formula to be determined by the Interstate

1748

Commission, which shall adopt a rule binding upon all member

1749

states.

1750

1751

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

1752

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

1753

with the authority of the member state.

1754

(d) The Interstate Commission shall keep accurate accounts

1755

of all receipts and disbursements. The receipts and disbursements

1756

are subject to the audit and accounting procedures established

1757

under its bylaws. However, all receipts and disbursements of

1758

funds handled by the Interstate Commission must be audited yearly

1759

by a certified or licensed public accountant and the audit report

1760

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

1761

Interstate Commission.

1762

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

1763

AMENDMENT.--

1764

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

1765

(b) The compact is effective and binding upon the

1766

legislative enactment of the compact into law by at least 35

1767

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

1768

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

1769

Thereafter it is effective and binding as to any other member

1770

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

1771

heads of the state human services agencies having ultimate

1772

responsibility for the child welfare program of nonmember states

1773

or their designees shall be invited to participate in the

1774

activities of the Interstate Commission on a nonvoting basis

1775

prior to adoption of the compact by all states.

1776

1777

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

1778

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

1779

enacted into law by unanimous consent of the member states.

1780

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

1781

(a) Withdrawal.--

1782

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

1783

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

1784

member state may withdraw from the compact specifically repealing

1785

the statute that enacted the compact into law.

1786

2. Withdrawal from this compact is effected by the

1787

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

1788

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

1789

3. The withdrawing state shall immediately notify the

1790

president of the Interstate Commission in writing upon the

1791

introduction of legislation repealing this compact in the

1792

withdrawing state. The Interstate Commission shall then notify

1793

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

1794

withdraw.

1795

4. The withdrawing state is responsible for all

1796

assessments, obligations, and liabilities incurred through the

1797

effective date of withdrawal.

1798

5. Reinstatement following withdrawal of a member state

1799

shall occur upon the withdrawing state reenacting the compact or

1800

upon such later date as determined by the members of the

1801

Interstate Commission.

1802

(b) Dissolution of compact.--

1803

1. This compact shall dissolve effective upon the date of

1804

the withdrawal or default of the member state which reduces the

1805

membership in the compact to one member state.

1806

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

1807

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

1808

affairs of the Interstate Commission shall be concluded and

1809

surplus funds shall be distributed in accordance with the bylaws.

1810

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

1811

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

1812

any phrase, clause, sentence, or provision is deemed

1813

unenforceable, the remaining provisions of the compact are

1814

enforceable.

1815

(b) The provisions of this compact shall be liberally

1816

construed to effectuate its purposes.

1817

1818

applicability of other interstate compacts to which the states

1819

are members.

1820

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

1821

LAWS.--

1822

(a) Other laws.--

1823

1. This compact may not prevent the enforcement of any

1824

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

1825

compact.

1826

(b) Binding effect of the compact.--

1827

1. All lawful actions of the Interstate Commission,

1828

including all rules and bylaws adopted by the Interstate

1829

Commission, are binding upon the member states.

1830

2. All agreements between the Interstate Commission and the

1831

member states are binding in accordance with their terms.

1832

3. If any provision of this compact exceeds the

1833

constitutional limits imposed on the legislature of any member

1834

state, such provision is ineffective to the extent of the

1835

conflict in that member state.

1836

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

1837

other provision in this compact, the Interstate Commission may

1838

adopt guidelines to allow Indian tribes to use the compact to

1839

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

1840

Article I. The Interstate Commission shall make reasonable

1841

efforts to consult with Indian tribes in adopting guidelines to

1842

reflect the diverse circumstances of the various Indian tribes.

1843

Section 22. Sections 409.402 and 409.403, Florida Statues,

1844

are repealed.

1845

Section 23. Section 409.404, Florida Statutes, is amended

1846

to read:

1847

409.404 Agreements between party state officers and

1848

agencies.--

1849

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

1850

subdivisions having authority to place children may are hereby

1851

empowered to enter into agreements with appropriate officers or

1852

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

1853

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

1854

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

1855

commitment or imposes a financial obligation on this state or

1856

subdivision or agency thereof is shall not be binding unless it

1857

has the approval in writing of the secretary of Children and

1858

Family Services in the case of the state.

1859

(2) Any requirements for visitation, inspection, or

1860

supervision of children, homes, institutions, or other agencies

1861

in another party state which may apply under the provisions of

1862

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

1863

performed pursuant to an agreement entered into by appropriate

1864

agencies of this state or a subdivision thereof as contemplated

1865

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

1866

Placement of Children, s. 409.401.

1867

Section 24. Subsection (3) of section 787.04, Florida

1868

Statutes, is amended to read:

1869

787.04 Removing minors from state or concealing minors

1870

contrary to state agency order or court order.--

1871

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

1872

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

1873

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

1874

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

1875

dependency proceeding affecting such minor or during the pendency

1876

of any investigation, action, or proceeding concerning the

1877

alleged abuse or neglect of such minor, after having received

1878

actual or constructive notice of the pendency of such

1879

investigation, action, or proceeding and without the permission

1880

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

1881

or proceeding is pending.

1882

Section 25. Subsection (1) of section 937.021, Florida

1883

Statutes, is amended to read:

1884

937.021 Missing child reports.--

1885

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

1886

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

1887

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

1888

office providing investigative services for the department, the

1889

law enforcement agency receiving the report shall immediately

1890

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

1891

the missing child report, communicate the report to every other

1892

law enforcement agency having jurisdiction in the county, and

1893

transmit the report for inclusion within the Florida Crime

1894

Information Center computer. A law enforcement agency may not

1895

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

1896

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

1897

child is missing.

1898

Section 26. Paragraph (c) of subsection (4) of section

1899

985.04, Florida Statutes, is amended to read:

1900

985.04 Oaths; records; confidential information.--

1901

(4)

1902

1903

superintendent the presence of any child in the care and custody

1904

or under the jurisdiction or supervision of the department who

1905

has a known history of criminal sexual behavior with other

1906

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

1907

has exhibited inappropriate sexual behavior, as defined in s.

1908

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

1909

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

1910

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

1911

adjudication. An Any employee of a district school board who

1912

knowingly and willfully discloses such information to an

1913

unauthorized person commits a misdemeanor of the second degree,

1914

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

1915

Section 27. Effective upon this act becoming a law and

1916

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

1917

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

1918

read:

1919

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

1920

Section 28. Paragraph (b) of subsection (3) of section

1921

39.0015, Florida Statutes, is amended to read:

1922

39.0015 Child abuse prevention training in the district

1923

school system.--

1924

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

1925

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

1926

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

1927

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

1928

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

1929

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

1930

Section 29. Subsection (5) of section 39.205, Florida

1931

Statutes, is amended to read:

1932

39.205 Penalties relating to reporting of child abuse,

1933

abandonment, or neglect.--

1934

(5) If the department or its authorized agent has

1935

determined after its investigation that a report is false, the

1936

department shall, with the consent of the alleged perpetrator,

1937

refer the report to the local law enforcement agency having

1938

jurisdiction for an investigation to determine whether sufficient

1939

evidence exists to refer the case for prosecution for filing a

1940

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

1941

pendency of the investigation by the local law enforcement

1942

agency, the department must notify the local law enforcement

1943

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

1944

all subsequent reports concerning children in that same family in

1945

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

1946

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

1947

must immediately notify the department, which must ensure assure

1948

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

1949

sufficient evidence for prosecution for filing a false report, it

1950

must refer the case to the appropriate state attorney for

1951

prosecution.

1952

Section 30. Subsection (1) of section 39.302, Florida

1953

Statutes, is amended to read:

1954

39.302 Protective investigations of institutional child

1955

abuse, abandonment, or neglect.--

1956

(1) The department shall conduct a child protective

1957

investigation of each report of institutional child abuse,

1958

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

1959

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

1960

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

1961

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

1962

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

1963

child protective investigation within the timeframe established

1964

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

1965

the appropriate state attorney, law enforcement agency, and

1966

licensing agency, which. These agencies shall immediately conduct

1967

a joint investigation, unless independent investigations are more

1968

feasible. When conducting investigations onsite or having face-

1969

to-face interviews with the child, such investigation visits

1970

shall be unannounced unless it is determined by the department or

1971

its agent that the unannounced visits would threaten the safety

1972

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

1973

department shall inform the owner or operator of the facility of

1974

the report. Each agency conducting a joint investigation is

1975

entitled to full access to the information gathered by the

1976

department in the course of the investigation. A protective

1977

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

1978

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

1979

written report to the state attorney within 3 working days after

1980

making the oral report. A criminal investigation shall be

1981

coordinated, whenever possible, with the child protective

1982

investigation of the department. Any interested person who has

1983

information regarding the offenses described in this subsection

1984

may forward a statement to the state attorney as to whether

1985

prosecution is warranted and appropriate. Within 15 days after

1986

the completion of the investigation, the state attorney shall

1987

report the findings to the department and shall include in the

1988

report a determination of whether or not prosecution is justified

1989

and appropriate in view of the circumstances of the specific

1990

case.

1991

Section 31. Paragraphs (b) and (c) of subsection (2) of

1992

section 39.6011, Florida Statutes, are amended to read:

1993

39.6011 Case plan development.--

1994

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

1995

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

1996

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

1997

language. Each case plan must contain:

1998

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

1999

2000

the permanency goal of reunification with the parent or legal

2001

custodian in addition to a description of one of the remaining

2002

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

2003

Section 32. Paragraph (e) of subsection (6) of section

2004

39.811, Florida Statutes, is amended to read:

2005

39.811 Powers of disposition; order of disposition.--

2006

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

2007

without severing the parental rights of the other parent only

2008

under the following circumstances:

2009

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

2010

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

2011

(i).

2012

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

2013

39.828, Florida Statutes, is amended to read:

2014

39.828 Grounds for appointment of a guardian advocate.--

2015

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

2016

petition as a guardian advocate with all the powers and duties

2017

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

2018

finding that:

2019

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

2020

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

2021

39.01(31)(g);

2022

Section 34. Paragraph (d) of subsection (1) of section

2023

419.001, Florida Statutes, is amended to read:

2024

419.001 Site selection of community residential homes.--

2025

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

2026

definitions shall apply:

2027

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

2028

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

2029

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

2030

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

2031

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

2032

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

2033

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

2034

(12), or s. 985.03.

2035

Section 35. Except as otherwise expressly provided in this

2036

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

2037

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

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