Florida Senate - 2008 CS for CS for SB 1048

By the Committees on Judiciary; Children, Families, and Elder Affairs; Children, Families, and Elder Affairs; and Senator Lynn

590-05285-08 20081048c2

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. 39.503,

F.S.; revising the minimum inquiries a petitioner for

dependency or shelter must make in trying to locate an

identified parent or prospective parent; 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.;

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providing for the disclosure of certain records relating

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to children having a history of inappropriate sexual

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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 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

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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. Subsection (6) of section 39.503, Florida

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Statutes, is amended to read:

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39.503 Identity or location of parent unknown; special

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procedures.--

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(6) The diligent search required by subsection (5) must

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include, at a minimum, inquiries of all relatives of the parent

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or prospective parent made known to the petitioner, inquiries of

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all offices of program areas of the department likely to have

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information about the parent or prospective parent, inquiries of

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other state and federal agencies likely to have information about

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the parent or prospective parent, inquiries of appropriate

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utility and postal providers, a thorough search of at least one

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electronic database specifically designed for locating persons,

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and inquiries of appropriate law enforcement agencies. Pursuant

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to s. 453 of the Social Security Act, 42 U.S.C. s. 653(c)(4), the

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department, as the state agency administering Titles IV-B and IV-

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E of the act, shall be provided access to the federal and state

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parent locator service for diligent search activities.

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Section 11. 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

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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

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business either to dissolve the injunction or to continue or

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modify it in accordance with the other provisions of this

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section.

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

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issued under this section, the primary purpose of the injunction

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must be shall be primarily to protect and promote the best

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

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immediate family into consideration. The effective period of the

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injunction shall be determined by the court, except that the

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injunction will expire at the time of the disposition of the

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petition for shelter placement or dependency.

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

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

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unlawful sexual offense involving a child. The conditions of the

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injunction shall be determined by the court, which conditions may

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include ordering the alleged or actual offender to:

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1. Refrain from further abuse or acts of domestic violence

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unlawful sexual activity involving a child.

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2. Participate in a specialized treatment program.

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3. Limit contact or communication with the child victim,

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other children in the home, or any other child.

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

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or wherever the child may be found.

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5. Have limited or supervised visitation with the child.

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6. Pay temporary support for the child or other family

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members; the costs of medical, psychiatric, and psychological

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treatment for the child victim incurred as a result of the

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offenses; and similar costs for other family members.

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7. Vacate the home in which the child resides.

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

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child from domestic violence, the conditions may also include:

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1. Awarding the exclusive use and possession of the

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dwelling to the caregiver or excluding the alleged or actual

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offender from the residence of the caregiver.

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2. Awarding 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

526

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

527

actual offender may offer the court evidence of changed

528

circumstances as a ground to dissolve or modify the injunction.

529

530

This paragraph does not preclude the adult victim of domestic

531

violence from seeking protection under s. 741.30.

532

533

until modified or dissolved by the court. The petitioner,

534

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

535

dissolve the injunction. The injunction is valid and enforceable

536

in all counties in the state.

537

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

538

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

539

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

540

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

541

jurisdiction to enforce the such injunction. Upon delivery of the

542

injunction to the appropriate law enforcement agency, the agency

543

shall have the duty and responsibility to enforce the injunction,

544

and law enforcement officers may exercise their arrest powers as

545

provided in s. 901.15(6).

546

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

547

issued pursuant to this section commits is guilty of a

548

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

549

775.082 or s. 775.083.

550

Section 12. Subsection (7) of section 39.507, Florida

551

Statutes, is amended to read:

552

39.507 Adjudicatory hearings; orders of adjudication.--

553

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

554

dependency case, only one order adjudicating each child in the

555

case dependent shall be entered. This order establishes the legal

556

status of the child for purposes of proceedings under this

557

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

558

parents, or a legal custodian.

559

(b) Upon a properly noticed motion, a subsequent

560

evidentiary hearing may be held regarding the conduct of one

561

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

562

supplemental findings made beyond a preponderance of the evidence

563

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

564

or readjudicated.

565

566

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

567

parents whether the parents have relatives who might be

568

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

569

the parents that, if the parents fail to substantially comply

570

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

571

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

572

parent or parents shall provide to the court and all parties

573

identification and location information of the relatives.

574

Section 13. Paragraphs (a) and (f) of subsection (1) of

575

section 39.521, Florida Statutes, are amended to read:

576

39.521 Disposition hearings; powers of disposition.--

577

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

578

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

579

dependency were proven in the adjudicatory hearing, or if the

580

parents or legal custodians have consented to the finding of

581

dependency or admitted the allegations in the petition, have

582

failed to appear for the arraignment hearing after proper notice,

583

or have not been located despite a diligent search having been

584

conducted.

585

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

586

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

587

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

588

representative of the guardian ad litem program, if the program

589

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

590

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

591

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

592

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

593

hearing within 30 days after the disposition hearing to review

594

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

595

the requirement for a predisposition study by separate order or

596

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

597

family and child information required by subsection (2) is

598

available in other documents filed with the court.

599

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

600

placement, the disposition order must include a written

601

determination that the child cannot safely remain at home with

602

reunification or family preservation services and that removal of

603

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

604

been removed before the disposition hearing, the order must also

605

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

606

department has made a reasonable effort to reunify the parent and

607

child, if reasonable efforts are required. Reasonable efforts to

608

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

609

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

610

occurred. The department has the burden of demonstrating that it

611

has made reasonable efforts under this paragraph.

612

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

613

effort" means the exercise of reasonable diligence and care by

614

the department to provide the services ordered by the court or

615

delineated in the case plan.

616

2. In support of its determination as to whether reasonable

617

efforts have been made, the court shall:

618

a. Enter written findings as to whether or not prevention

619

or reunification efforts were indicated.

620

b. If prevention or reunification efforts were indicated,

621

include a brief written description of what appropriate and

622

available prevention and reunification efforts were made.

623

c. Indicate in writing why further efforts could or could

624

not have prevented or shortened the separation of the parent and

625

child.

626

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

627

reasonable effort to prevent or eliminate the need for removal

628

if:

629

a. The first contact of the department with the family

630

occurs during an emergency;

631

b. The appraisal by the department of the home situation

632

indicates that it presents a substantial and immediate danger to

633

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

634

cannot be mitigated by the provision of preventive services;

635

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

636

there are no preventive services that can ensure the health and

637

safety of the child or, even with appropriate and available

638

services being provided, the health and safety of the child

639

cannot be ensured; or

640

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

641

listed as grounds for expedited termination of parental rights

642

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

643

4. A reasonable effort by the department for reunification

644

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

645

home situation by the department indicates that the severity of

646

the conditions of dependency is such that reunification efforts

647

are inappropriate. The department has the burden of demonstrating

648

to the court that reunification efforts were inappropriate.

649

5. If the court finds that the prevention or reunification

650

effort of the department would not have permitted the child to

651

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

652

temporary legal custody of the department or take any other

653

action authorized by this chapter.

654

Section 14. Subsection (5) of section 39.701, Florida

655

Statutes, is amended to read:

656

39.701 Judicial review.--

657

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

658

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

659

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

660

following persons regardless of whether the person was present at

661

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

662

hearing was announced:

663

(a) The social service agency charged with the supervision

664

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

665

not the movant.

666

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

667

child resides.

668

669

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

670

representative of the guardian ad litem program if the program

671

has been appointed.

672

(e) The attorney for the child.

673

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

674

(g)(e) Any preadoptive parent.

675

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

676

discretion direct.

677

678

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

679

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

680

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

681

was announced.

682

Section 15. Subsection (1) of section 39.8055, Florida

683

Statutes, is amended to read:

684

39.8055 Requirement to file a petition to terminate

685

parental rights; exceptions.--

686

(1) The department shall file a petition to terminate

687

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

688

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

689

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

690

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

691

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

692

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

693

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

694

including any trial home visits or time during which the child

695

was a runaway;

696

697

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

698

murder, or conspiracy or solicitation to murder the other parent

699

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

700

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

701

child of the parent; or

702

(d) A court determines that reasonable efforts to reunify

703

the child and parent are not required.

704

Section 16. Paragraphs (e) though (h) of subsection (1) of

705

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

706

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

707

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

708

39.806 Grounds for termination of parental rights.--

709

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

710

established under any of the following circumstances:

711

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

712

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

713

have materially breached the case plan. For purposes of this

714

subsection, the term "materially breached" means:

715

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

716

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

717

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

718

months 12 months after an adjudication of the child as a

719

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

720

whichever occurs came first, constitutes evidence of continuing

721

abuse, neglect, or abandonment unless the failure to

722

substantially comply with the case plan was due either to the

723

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

724

failure of the department to make reasonable efforts to reunify

725

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

726

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

727

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

728

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

729

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

730

reunification with the parent, whichever occurs came first; or

731

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

732

has materially breached the case plan by making it unlikely that

733

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

734

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

735

essence for permanency of children in the dependency system. In

736

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

737

the court must find by clear and convincing evidence that the

738

parent is unlikely or unable to substantially comply with the

739

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

740

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

741

frequent and regular contact with the child through frequent and

742

regular visitation or communication.

743

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

744

or had the opportunity and capability to prevent and knowingly

745

failed to prevent egregious conduct that threatens the life,

746

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

747

the child's sibling.

748

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

749

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

750

parents regardless of whether the child is related legally or by

751

consanguinity.

752

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

753

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

754

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

755

a normal standard of conduct. Egregious conduct may include an

756

act or omission that occurred only once but was of such

757

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

758

child.

759

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

760

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

761

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

762

abuse.

763

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

764

murder, manslaughter, aiding or abetting the murder, or

765

conspiracy or solicitation to murder the other parent or another

766

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

767

to the child or to another child committed murder or voluntary

768

manslaughter of another child, or a felony assault that results

769

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

770

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

771

murder or voluntary manslaughter or felony assault.

772

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

773

the child have been terminated involuntarily.

774

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

775

abusive, and chronic use of alcohol or a controlled substance

776

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

777

refused or failed to complete available treatment for such use

778

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

779

petition for termination of parental rights.

780

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

781

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

782

or a controlled substance or metabolites of such substances, the

783

presence of which was not the result of medical treatment

784

administered to the mother or the newborn infant, and the

785

biological mother of the child is the biological mother of at

786

least one other child who was adjudicated dependent after a

787

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

788

to a controlled substance or alcohol as defined in s.

789

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

790

opportunity to participate in substance abuse treatment.

791

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

792

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

793

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

794

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

795

parents.

796

(2) Reasonable efforts to preserve and reunify families are

797

not required if a court of competent jurisdiction has determined

798

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

799

(i) have occurred.

800

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

801

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

802

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

803

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

804

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

805

of parental rights to allow continuation of services until the

806

termination is granted or until further orders of the court are

807

issued.

808

(4) If When an expedited termination of parental rights

809

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

810

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

811

and to complete whatever steps are necessary to finalize the

812

permanent placement of the child.

813

Section 17. Section 39.810, Florida Statutes, is amended to

814

read:

815

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

816

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

817

consider the manifest best interests of the child. This

818

consideration shall not include a comparison between the

819

attributes of the parents and those of any persons providing a

820

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

821

determining the manifest best interests of the child, the court

822

shall consider and evaluate all relevant factors, including, but

823

not limited to:

824

(1) Any suitable permanent custody arrangement with a

825

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

826

placement with a relative may not receive greater consideration

827

than any other factor weighing on the manifest best interest of

828

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

829

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

830

or preadoptive placement for not less than 6 months, the

831

availability of a different placement, including a placement with

832

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

833

termination of parental rights.

834

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

835

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

836

remedial care recognized and permitted under state law instead of

837

medical care, and other material needs of the child.

838

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

839

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

840

physical, mental, and emotional health will not be endangered

841

upon the child's return home.

842

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

843

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

844

future needs can be ascertained based on the present condition of

845

the child.

846

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

847

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

848

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

849

would arise from the termination of parental rights and duties.

850

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

851

foster care upon termination of parental rights, due to emotional

852

or behavioral problems or any special needs of the child.

853

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

854

with a parental substitute and the likelihood that the child will

855

enter into a more stable and permanent family relationship as a

856

result of permanent termination of parental rights and duties.

857

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

858

stable, satisfactory environment and the desirability of

859

maintaining continuity.

860

(9) The depth of the relationship existing between the

861

child and the present custodian.

862

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

863

the court deems the child to be of sufficient intelligence,

864

understanding, and experience to express a preference.

865

(11) The recommendations for the child provided by the

866

child's guardian ad litem or legal representative.

867

868

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

869

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

870

that termination of parental rights is the least restrictive

871

means of protecting the child.

872

Section 18. Subsection (14) of section 63.032, Florida

873

Statutes, is amended to read:

874

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

875

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

876

person being adopted within the third degree of consanguinity.

877

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

878

sibling who was adopted from the child welfare system.

879

Section 19. Subsection (4) of section 322.142, Florida

880

Statutes, is amended to read:

881

322.142 Color photographic or digital imaged licenses.--

882

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

883

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

884

and signature of the licensees, together with other data required

885

by the department for identification and retrieval. Reproductions

886

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

887

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

888

administrative purposes; for the issuance of duplicate licenses;

889

in response to law enforcement agency requests; to the Department

890

of State pursuant to an interagency agreement to facilitate

891

determinations of eligibility of voter registration applicants

892

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

893

to the Department of Revenue pursuant to an interagency agreement

894

for use in establishing paternity and establishing, modifying, or

895

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

896

Department of Children and Family Services pursuant to an

897

interagency agreement to conduct protective investigations under

898

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

899

Services pursuant to an interagency agreement to facilitate the

900

location of owners of unclaimed property, the validation of

901

unclaimed property claims, and the identification of fraudulent

902

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

903

119.07(1).

904

Section 20. Section 402.401, Florida Statutes, is amended

905

to read:

906

402.401 Florida Child Welfare Student Loan Forgiveness

907

Program.--

908

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

909

Forgiveness Program to be administered by the Department of

910

Children and Family Services Education. The program shall provide

911

loan reimbursement assistance to eligible employees in child

912

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

913

as determined by the department, and that are within the

914

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

915

agencies students for upper-division undergraduate and graduate

916

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

917

and promising students to the child welfare profession, increase

918

employment and retention of individuals who are working towards

919

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

920

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

921

qualifies the individual for employment as a family services

922

worker, and provide opportunities for persons making midcareer

923

decisions to enter the child welfare profession. The State Board

924

of Education shall adopt rules necessary to administer the

925

program.

926

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

927

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

928

candidate shall:

929

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

930

undergraduate or graduate level in a social work program approved

931

by the Council on Social Work Education leading to either a

932

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

933

accredited human services degree program.

934

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

935

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

936

at the Department of Children and Family Services or its

937

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

938

defined in s. 409.1671.

939

3. If applying for an undergraduate forgivable loan, have

940

maintained a minimum cumulative grade point average of at least a

941

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

942

for undergraduate loans shall have maintained a minimum

943

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

944

for all undergraduate work and have earned at least 12 semester

945

credits per term, or the equivalent.

946

4. If applying for a graduate forgivable loan, have

947

maintained an undergraduate cumulative grade point average of at

948

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

949

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

950

graduate loans shall have maintained a minimum cumulative grade

951

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

952

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

953

equivalent.

954

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

955

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

956

957

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

958

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

959

the graduate level shall:

960

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

961

social work at any college or university accredited by the

962

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

963

services field from an accredited college or university.

964

2. Not have received an undergraduate forgivable loan as

965

provided for in paragraph (b).

966

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

967

repayment schedules and applicable interest rates under ss.

968

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

969

years after completion of a program of studies.

970

1. Credit for repayment of an undergraduate or graduate

971

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

972

loan principal plus applicable accrued interest for each full

973

year of eligible service in the child welfare profession.

974

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

975

Department of Children and Family Services or its successor, or

976

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

977

409.1671, is responsible for repaying the loan plus accrued

978

interest at 8 percent annually.

979

3. Forgivable loan recipients may receive loan repayment

980

credit for child welfare service rendered at any time during the

981

scheduled repayment period. However, such repayment credit shall

982

be applicable only to the current principal and accrued interest

983

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

984

No loan recipient shall be reimbursed for previous cash payments

985

of principal and interest.

986

(3) This section shall be implemented only as specifically

987

funded.

988

Section 21. Paragraph (a) of subsection (4) of section

989

409.175, Florida Statutes, is amended to read:

990

409.175 Licensure of family foster homes, residential

991

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

992

exemption.--

993

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

994

caring agency may shall not provide receive a child for

995

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

996

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

997

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

998

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

999

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

1000

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

1001

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

1002

adoption pursuant to chapter 63.

1003

Section 22. Section 409.401, Florida Statutes, is amended

1004

to read:

1005

(Substantial rewording of section. See s. 409.401,

1006

F.S., for present text.)

1007

409.401 Interstate Compact on the Placement of

1008

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

1009

enacted into law and entered into with all other jurisdictions

1010

substantially as follows:

1011

ARTICLE I. PURPOSE

1012

The purpose of this Interstate Compact for the Placement of

1013

Children is to:

1014

A. Provide a process through which children subject to this

1015

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

1016

B. Facilitate ongoing supervision of a placement, the

1017

delivery of services, and communication between the states.

1018

C. Provide operating procedures that will ensure that

1019

children are placed in safe and suitable homes in a timely

1020

manner.

1021

D. Provide for the promulgation and enforcement of

1022

administrative rules implementing the provisions of this compact

1023

and regulating the covered activities of the member states.

1024

E. Provide for uniform data collection and information

1025

sharing between member states under this compact.

1026

F. Promote coordination between this compact, the

1027

Interstate Compact for Juveniles, the Interstate Compact on

1028

Adoption and Medical Assistance and other compacts affecting the

1029

placement of and which provide services to children otherwise

1030

subject to this compact.

1031

G. Provide for a state's continuing legal jurisdiction and

1032

responsibility for placement and care of a child that it would

1033

have had if the placement were intrastate.

1034

H. Provide for the promulgation of guidelines, in

1035

collaboration with Indian tribes, for interstate cases involving

1036

Indian children as is or may be permitted by federal law.

1037

ARTICLE II. DEFINITIONS

1038

As used in this compact,

1039

A. "Approved placement" means the public child-placing

1040

agency in the receiving state has determined that the placement

1041

is both safe and suitable for the child.

1042

B. "Assessment" means an evaluation of a prospective

1043

placement by a public child-placing agency in the receiving state

1044

to determine if the placement meets the individualized needs of

1045

the child, including, but not limited to, the child's safety and

1046

stability, health and well-being, and mental, emotional, and

1047

physical development. An assessment is only applicable to a

1048

placement by a public child-placing agency.

1049

C. "Child" means an individual who has not attained the age

1050

of 18.

1051

D. "Certification" means to attest, declare, or swear to

1052

before a judge or notary public.

1053

E. "Default" means the failure of a member state to perform

1054

the obligations or responsibilities imposed upon it by this

1055

compact or the bylaws or rules of the Interstate Commission.

1056

F. "Home study" means an evaluation of a home environment

1057

conducted in accordance with the applicable requirements of the

1058

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

1059

and the suitability of the placement resource for placement of a

1060

child in accordance with the laws and requirements of the state

1061

in which the home is located.

1062

G. "Indian tribe" means any Indian tribe, band, nation, or

1063

other organized group or community of Indians recognized as

1064

eligible for services provided to Indians by the Secretary of the

1065

Interior because of their status as Indians, including any

1066

Alaskan native village as defined in section 3 (c) of the Alaska

1067

Native Claims Settlement Act at 43 USC s. 1602(c).

1068

H. "Interstate Commission for the Placement of Children"

1069

means the commission that is created under Article VIII of this

1070

compact and which is generally referred to as the Interstate

1071

Commission.

1072

I. "Jurisdiction" means the power and authority of a court

1073

to hear and decide matters.

1074

J. "Legal risk placement" ("legal risk adoption") means a

1075

placement made preliminary to an adoption where the prospective

1076

adoptive parents acknowledge in writing that a child can be

1077

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

1078

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

1079

decree of adoption shall not be entered in any jurisdiction until

1080

all required consents are obtained or are dispensed with in

1081

accordance with applicable law.

1082

K. "Member state" means a state that has enacted this

1083

compact.

1084

L. "Noncustodial parent" means a person who, at the time of

1085

the commencement of court proceedings in the sending state, does

1086

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

1087

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

1088

findings of child abuse or neglect.

1089

M. "Nonmember state" means a state that has not enacted

1090

this compact.

1091

N. "Notice of residential placement" means information

1092

regarding a placement into a residential facility provided to the

1093

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

1094

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

1095

parent or legal guardian, evidence of authority to make the

1096

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

1097

child will be placed. Notice of residential placement shall also

1098

include information regarding a discharge and any unauthorized

1099

absence from the facility.

1100

O. "Placement" means the act by a public or private child-

1101

placing agency intended to arrange for the care or custody of a

1102

child in another state.

1103

P. "Private child-placing agency" means any private

1104

corporation, agency, foundation, institution, or charitable

1105

organization, or any private person or attorney that facilitates,

1106

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

1107

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

1108

acting under color of state law.

1109

Q. "Provisional placement" means a determination made by

1110

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

1111

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

1112

allowable, the receiving state has temporarily waived its

1113

standards or requirements otherwise applicable to prospective

1114

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

1115

Completion of the receiving state requirements regarding training

1116

for prospective foster or adoptive parents shall not delay an

1117

otherwise safe and suitable placement.

1118

R. "Public child-placing agency" means any government child

1119

welfare agency or child protection agency or a private entity

1120

under contract with such an agency, regardless of whether they

1121

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

1122

governmental unit and which facilitates, causes, or is involved

1123

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

1124

S. "Receiving state" means the state to which a child is

1125

sent, brought, or caused to be sent or brought.

1126

T. "Relative" means someone who is related to the child as

1127

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

1128

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

1129

nonrelative with such significant ties to the child that they may

1130

be regarded as relatives as determined by the court in the

1131

sending state.

1132

U. "Residential facility" means a facility providing a

1133

level of care that is sufficient to substitute for parental

1134

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

1135

assessment or treatment of an acute condition. For purposes of

1136

the compact, residential facilities do not include institutions

1137

primarily educational in character, hospitals, or other medical

1138

facilities.

1139

V. "Rule" means a written directive, mandate, standard, or

1140

principle issued by the Interstate Commission promulgated

1141

pursuant to Article XI of this compact which is of general

1142

applicability and that implements, interprets, or prescribes a

1143

policy or provision of the compact. "Rule" has the force and

1144

effect of an administrative rule in a member state, and includes

1145

the amendment, repeal, or suspension of an existing rule.

1146

W. "Sending state" means the state from which the placement

1147

of a child is initiated.

1148

X. "Service member's permanent duty station" means the

1149

military installation where an active duty Armed Services member

1150

is currently assigned and is physically located under competent

1151

orders that do not specify the duty as temporary.

1152

Y. "Service member's state of legal residence" means the

1153

state in which the active duty Armed Services member is

1154

considered a resident for tax and voting purposes.

1155

Z. "State" means a state of the United States, the District

1156

of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin

1157

Islands, Guam, American Samoa, the Northern Marianas Islands, and

1158

any other territory of the United States.

1159

AA. "State court" means a judicial body of a state that is

1160

vested by law with responsibility for adjudicating cases

1161

involving abuse, neglect, deprivation, delinquency, or status

1162

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

1163

BB. "Supervision" means monitoring provided by the

1164

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

1165

pursuant to this compact.

1166

ARTICLE III. APPLICABILITY

1167

A. Except as otherwise provided in Article III, Section B,

1168

this compact shall apply to:

1169

1. The interstate placement of a child subject to ongoing

1170

court jurisdiction in the sending state, due to allegations or

1171

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

1172

as defined by the laws of the sending state, provided, however,

1173

that the placement of such a child into a residential facility

1174

shall only require notice of residential placement to the

1175

receiving state prior to placement.

1176

2. The interstate placement of a child adjudicated

1177

delinquent or unmanageable based on the laws of the sending state

1178

and subject to ongoing court jurisdiction of the sending state

1179

if:

1180

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

1181

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

1182

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

1183

the determination of safety and suitability of the placement and

1184

services required is not provided through another compact.

1185

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

1186

placing agency or private child-placing agency as defined in this

1187

compact as a preliminary step to a possible adoption.

1188

B. The provisions of this compact shall not apply to:

1189

1. The interstate placement of a child in a custody

1190

proceeding in which a public child-placing agency is not a party,

1191

provided, the placement is not intended to effectuate an

1192

adoption.

1193

2. The interstate placement of a child with a nonrelative

1194

in a receiving state by a parent with the legal authority to make

1195

such a placement, provided, however, that the placement is not

1196

intended to effectuate an adoption.

1197

3. The interstate placement of a child by one relative with

1198

the lawful authority to make such a placement directly with a

1199

relative in a receiving state.

1200

4. The placement of a child, not subject to Article III,

1201

Section A, into a residential facility by his parent.

1202

5. The placement of a child with a noncustodial parent

1203

provided that:

1204

a. The noncustodial parent proves to the satisfaction of a

1205

court in the sending state a substantial relationship with the

1206

child;

1207

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

1208

that placement with the noncustodial parent is in the best

1209

interests of the child; and

1210

c. The court in the sending state dismisses its

1211

jurisdiction over the child's case.

1212

6. A child entering the United States from a foreign

1213

country for the purpose of adoption or leaving the United States

1214

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

1215

country.

1216

7. Cases in which a U.S. citizen child living overseas with

1217

his family, at least one of whom is in the U.S. Armed Services,

1218

and who is stationed overseas, is removed and placed in a state.

1219

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

1220

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

1221

rules of the Interstate Commission.

1222

C. For purposes of determining the applicability of this

1223

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

1224

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

1225

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

1226

permanent duty station or the service member's declared legal

1227

residence.

1228

D. Nothing in this compact shall be construed to prohibit

1229

the concurrent application of the provisions of this compact with

1230

other applicable interstate compacts including the Interstate

1231

Compact for Juveniles and the Interstate Compact on Adoption and

1232

Medical Assistance. The Interstate Commission may in cooperation

1233

with other interstate compact commissions having responsibility

1234

for the interstate movement, placement, or transfer of children,

1235

promulgate like rules to ensure the coordination of services,

1236

timely placement of children, and the reduction of unnecessary or

1237

duplicative administrative or procedural requirements.

1238

ARTICLE IV. JURISDICTION

1239

A. Except as provided in Article IV, Section G and Article

1240

V, Section B, paragraphs 2. and 3. concerning private and

1241

independent adoptions, and in interstate placements in which the

1242

public child-placing agency is not a party to a custody

1243

proceeding, the sending state shall retain jurisdiction over a

1244

child with respect to all matters of custody and disposition of

1245

the child which it would have had if the child had remained in

1246

the sending state. Such jurisdiction shall also include the power

1247

to order the return of the child to the sending state.

1248

B. When an issue of child protection or custody is brought

1249

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

1250

with the court of the sending state to determine the most

1251

appropriate forum for adjudication.

1252

C. In accordance with its own laws, the court in the

1253

sending state shall have authority to terminate its jurisdiction

1254

if:

1255

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

1256

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

1257

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

1258

agency in the receiving state;

1259

2. The child is adopted;

1260

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

1261

the sending state;

1262

4. The child achieves legal independence pursuant to the

1263

laws of the sending state;

1264

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

1265

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

1266

6. An Indian tribe has petitioned for and received

1267

jurisdiction from the court in the sending state; or

1268

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

1269

requests termination and has obtained the concurrence of the

1270

public child-placing agency in the receiving state.

1271

D. When a sending state court terminates its jurisdiction,

1272

the receiving state child-placing agency shall be notified.

1273

E. Nothing in this article shall defeat a claim of

1274

jurisdiction by a receiving state court sufficient to deal with

1275

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

1276

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

1277

the child in the receiving state which would be a violation of

1278

its laws.

1279

F. Nothing in this article shall limit the receiving

1280

state's ability to take emergency jurisdiction for the protection

1281

of the child.

1282

G. The substantive laws of the state in which an adoption

1283

will be finalized shall solely govern all issues relating to the

1284

adoption of the child and the court in which the adoption

1285

proceeding is filed shall have subject matter jurisdiction

1286

regarding all substantive issues relating to the adoption,

1287

except:

1288

1. When the child is a ward of another court that

1289

established jurisdiction over the child prior to the placement;

1290

2. When the child is in the legal custody of a public

1291

agency in the sending state; or

1292

3. When a court in the sending state has otherwise

1293

appropriately assumed jurisdiction over the child, prior to the

1294

submission of the request for approval of placement.

1295

H. A final decree of adoption shall not be entered in any

1296

jurisdiction until the placement is authorized as an "approved

1297

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

1298

state.

1299

ARTICLE V. PLACEMENT EVALUATION

1300

A. Prior to sending, bringing, or causing a child to be

1301

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

1302

agency shall provide a written request for assessment to the

1303

receiving state.

1304

B. For placements by a private child-placing agency, a

1305

child may be sent or brought, or caused to be sent or brought,

1306

into a receiving state, upon receipt and immediate review of the

1307

required content in a request for approval of a placement in both

1308

the sending and receiving state public child-placing agency. The

1309

required content to accompany a request for approval shall

1310

include all of the following:

1311

1. A request for approval identifying the child, birth

1312

parent(s), the prospective adoptive parent(s), and the

1313

supervising agency, signed by the person requesting approval;

1314

2. The appropriate consents or relinquishments signed by

1315

the birth-parents in accordance with the laws of the sending

1316

state, or where permitted the laws of the state where the

1317

adoption will be finalized;

1318

3. Certification by a licensed attorney or authorized agent

1319

of a private adoption agency that the consent or relinquishment

1320

is in compliance with the applicable laws of the sending state,

1321

or where permitted the laws of the state where finalization of

1322

the adoption will occur;

1323

4. A home study; and

1324

5. An acknowledgment of legal risk signed by the

1325

prospective adoptive parents.

1326

C. The sending state and the receiving state may request

1327

additional information or documents prior to finalization of an

1328

approved placement, but they may not delay travel by the

1329

prospective adoptive parents with the child if the required

1330

content for approval has been submitted, received, and reviewed

1331

by the public child-placing agency in both the sending state and

1332

the receiving state.

1333

D. Approval from the public child-placing agency in the

1334

receiving state for a provisional or approved placement is

1335

required as provided for in the rules of the Interstate

1336

Commission.

1337

E. The procedures for making the request for an assessment

1338

shall contain all information and be in such form as provided for

1339

in the rules of the Interstate Commission.

1340

F. Upon receipt of a request from the public child-placing

1341

agency of the sending state, the receiving state shall initiate

1342

an assessment of the proposed placement to determine its safety

1343

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

1344

relative, the public child-placing agency of the sending state

1345

may request a determination for a provisional placement.

1346

G. The public child-placing agency in the receiving state

1347

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

1348

child-placing agency in the sending state, and shall be entitled

1349

to receive supporting or additional information necessary to

1350

complete the assessment or approve the placement.

1351

H. The public child-placing agency in the receiving state

1352

shall approve a provisional placement and complete or arrange for

1353

the completion of the assessment within the timeframes

1354

established by the rules of the Interstate Commission.

1355

I. For a placement by a private child-placing agency, the

1356

sending state shall not impose any additional requirements to

1357

complete the home study that are not required by the receiving

1358

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

1359

J. The Interstate Commission may develop uniform standards

1360

for the assessment of the safety and suitability of interstate

1361

placements.

1362

ARTICLE VI. PLACEMENT AUTHORITY

1363

A. Except as otherwise provided in this compact, no child

1364

subject to this compact shall be placed into a receiving state

1365

until approval for such placement is obtained.

1366

B. If the public child-placing agency in the receiving

1367

state does not approve the proposed placement then the child

1368

shall not be placed. The receiving state shall provide written

1369

documentation of any such determination in accordance with the

1370

rules promulgated by the Interstate Commission. Such

1371

determination is not subject to judicial review in the sending

1372

state.

1373

C. If the proposed placement is not approved, any

1374

interested party shall have standing to seek an administrative

1375

review of the receiving state's determination.

1376

1. The administrative review and any further judicial

1377

review associated with the determination shall be conducted in

1378

the receiving state pursuant to its applicable administrative

1379

procedures.

1380

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

1381

child in the receiving state is overturned upon review, the

1382

placement shall be deemed approved, provided, however, that all

1383

administrative or judicial remedies have been exhausted or the

1384

time for such remedies has passed.

1385

ARTICLE VII. PLACING AGENCY RESPONSIBILITY

1386

A. For the interstate placement of a child made by a public

1387

child-placing agency or state court:

1388

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

1389

shall have financial responsibility for:

1390

a. The ongoing support and maintenance for the child during

1391

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

1392

receiving state; and

1393

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

1394

sending state, services for the child beyond the public services

1395

for which the child is eligible in the receiving state.

1396

2. The receiving state shall only have financial

1397

responsibility for:

1398

a. Any assessment conducted by the receiving state; and

1399

b. Supervision conducted by the receiving state at the

1400

level necessary to support the placement as agreed upon by the

1401

public child-placing agencies of the receiving and sending state.

1402

3. Nothing in this provision shall prohibit public child-

1403

placing agencies in the sending state from entering into

1404

agreements with licensed agencies or persons in the receiving

1405

state to conduct assessments and provide supervision.

1406

B. For the placement of a child by a private child-placing

1407

agency preliminary to a possible adoption, the private child-

1408

placing agency shall be:

1409

1. Legally responsible for the child during the period of

1410

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

1411

the finalization of the adoption.

1412

2. Financially responsible for the child absent a

1413

contractual agreement to the contrary.

1414

C. The public child-placing agency in the receiving state

1415

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

1416

the Interstate Commission.

1417

D. The public child-placing agency in the receiving state

1418

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

1419

services for the child, including timely reports, during the

1420

period of the placement.

1421

E. Nothing in this compact shall be construed as to limit

1422

the authority of the public child-placing agency in the receiving

1423

state from contracting with a licensed agency or person in the

1424

receiving state for an assessment or the provision of supervision

1425

or services for the child or otherwise authorizing the provision

1426

of supervision or services by a licensed agency during the period

1427

of placement.

1428

F. Each member state shall provide for coordination among

1429

its branches of government concerning the state's participation

1430

in, and compliance with, the compact and Interstate Commission

1431

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

1432

an existing body or board.

1433

G. Each member state shall establish a central state

1434

compact office, which shall be responsible for state compliance

1435

with the compact and the rules of the Interstate Commission.

1436

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

1437

shall oversee compliance with the provisions of the Indian Child

1438

Welfare Act (25 USC ss. 1901 et seq.) for placements subject to

1439

the provisions of this compact, prior to placement.

1440

I. With the consent of the Interstate Commission, states

1441

may enter into limited agreements that facilitate the timely

1442

assessment and provision of services and supervision of

1443

placements under this compact.

1444

ARTICLE VIII. INTERSTATE COMMISSION FOR THE PLACEMENT OF

1445

CHILDREN

1446

The member states hereby establish, by way of this compact, a

1447

commission known as the "Interstate Commission for the Placement

1448

of Children." The activities of the Interstate Commission are the

1449

formation of public policy and are a discretionary state

1450

function. The Interstate Commission shall:

1451

A. Be a joint commission of the member states and shall

1452

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

1453

and such additional powers as may be conferred upon it by

1454

subsequent concurrent action of the respective legislatures of

1455

the member states.

1456

B. Consist of one commissioner from each member state who

1457

shall be appointed by the executive head of the state human

1458

services administration with ultimate responsibility for the

1459

child welfare program. The appointed commissioner shall have the

1460

legal authority to vote on policy related matters governed by

1461

this compact binding the state.

1462

1. Each member state represented at a meeting of the

1463

Interstate Commission is entitled to one vote.

1464

2. A majority of the member states shall constitute a

1465

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

1466

required by the bylaws of the Interstate Commission.

1467

3. A representative shall not delegate a vote to another

1468

member state.

1469

4. A representative may delegate voting authority to

1470

another person from their state for a specified meeting.

1471

C. In addition to the commissioners of each member state,

1472

the Interstate Commission shall include persons who are members

1473

of interested organizations as defined in the bylaws or rules of

1474

the Interstate Commission. Such members shall be ex officio and

1475

shall not be entitled to vote on any matter before the Interstate

1476

Commission.

1477

D. Establish an executive committee which shall have the

1478

authority to administer the day-to-day operations and

1479

administration of the Interstate Commission. It shall not have

1480

the power to engage in rulemaking.

1481

ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

1482

The Interstate Commission shall have the following powers:

1483

A. To promulgate rules and take all necessary actions to

1484

effect the goals, purposes, and obligations as enumerated in this

1485

compact.

1486

B. To provide for dispute resolution among member states.

1487

C. To issue, upon request of a member state, advisory

1488

opinions concerning the meaning or interpretation of the

1489

interstate compact, its bylaws, rules, or actions.

1490

D. To enforce compliance with this compact or the bylaws or

1491

rules of the Interstate Commission pursuant to Article XII.

1492

E. Collect standardized data concerning the interstate

1493

placement of children subject to this compact as directed through

1494

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

1495

of collection and data exchange and reporting requirements.

1496

F. To establish and maintain offices as may be necessary

1497

for the transaction of its business.

1498

G. To purchase and maintain insurance and bonds.

1499

H. To hire or contract for services of personnel or

1500

consultants as necessary to carry out its functions under the

1501

compact and establish personnel qualification policies and rates

1502

of compensation.

1503

I. To establish and appoint committees and officers

1504

including, but not limited to, an executive committee as required

1505

by Article X.

1506

J. To accept any and all donations and grants of money,

1507

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

1508

utilize, and dispose thereof.

1509

K. To lease, purchase, accept contributions or donations

1510

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

1511

real, personal, or mixed.

1512

L. To sell, convey, mortgage, pledge, lease, exchange,

1513

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

1514

mixed.

1515

M. To establish a budget and make expenditures.

1516

M. To adopt a seal and bylaws governing the management and

1517

operation of the Interstate Commission.

1518

O. To report annually to the legislatures, governors, the

1519

judiciary, and state advisory councils of the member states

1520

concerning the activities of the Interstate Commission during the

1521

preceding year. Such reports shall also include any

1522

recommendations that may have been adopted by the Interstate

1523

Commission.

1524

P. To coordinate and provide education, training, and

1525

public awareness regarding the interstate movement of children

1526

for officials involved in such activity.

1527

Q. To maintain books and records in accordance with the

1528

bylaws of the Interstate Commission.

1529

R. To perform such functions as may be necessary or

1530

appropriate to achieve the purposes of this compact.

1531

ARTICLE X. ORGANIZATION AND OPERATION OF THE INTERSTATE

1532

COMMISSION

1533

A. Bylaws

1534

1. Within 12 months after the first Interstate Commission

1535

meeting, the Interstate Commission shall adopt bylaws to govern

1536

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

1537

purposes of the compact.

1538

2. The Interstate Commission's bylaws and rules shall

1539

establish conditions and procedures under which the Interstate

1540

Commission shall make its information and official records

1541

available to the public for inspection or copying. The Interstate

1542

Commission may exempt from disclosure information or official

1543

records to the extent they would adversely affect personal

1544

privacy rights or proprietary interests.

1545

B. Meetings

1546

1. The Interstate Commission shall meet at least once each

1547

calendar year. The chairperson may call additional meetings and,

1548

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

1549

call additional meetings.

1550

2. Public notice shall be given by the Interstate

1551

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

1552

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

1553

in the compact. The Interstate Commission and its committees may

1554

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

1555

thirds vote that an open meeting would be likely to:

1556

a. Relate solely to the Interstate Commission's internal

1557

personnel practices and procedures;

1558

b. Disclose matters specifically exempted from disclosure

1559

by federal law;

1560

c. Disclose financial or commercial information which is

1561

privileged, proprietary, or confidential in nature; or

1562

d. Involve accusing a person of a crime or formally

1563

censuring a person;

1564

e. Disclose information of a personal nature where

1565

disclosure would constitute a clearly unwarranted invasion of

1566

personal privacy or physically endanger one or more persons;

1567

f. Disclose investigative records compiled for law

1568

enforcement purposes; or

1569

g. Specifically relate to the Interstate Commission's

1570

participation in a civil action or other legal proceeding.

1571

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

1572

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

1573

designee shall certify that the meeting may be closed and shall

1574

reference each relevant exemption provision. The Interstate

1575

Commission shall keep minutes which shall fully and clearly

1576

describe all matters discussed in a meeting and shall provide a

1577

full and accurate summary of actions taken, and the reasons

1578

therefore, including a description of the views expressed and the

1579

record of a roll call vote. All documents considered in

1580

connection with an action shall be identified in such minutes.

1581

All minutes and documents of a closed meeting shall remain under

1582

seal, subject to release by a majority vote of the Interstate

1583

Commission or by court order.

1584

4. The bylaws may provide for meetings of the Interstate

1585

Commission to be conducted by telecommunication or other

1586

electronic communication.

1587

C. Officers and Staff

1588

1. The Interstate Commission may, through its executive

1589

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

1590

upon such terms and conditions and for such compensation as the

1591

Interstate Commission may deem appropriate. The staff director

1592

shall serve as secretary to the Interstate Commission, but shall

1593

not have a vote. The staff director may hire and supervise such

1594

other staff as may be authorized by the Interstate Commission.

1595

2. The Interstate Commission shall elect, from among its

1596

members, a chairperson and a vice chairperson of the executive

1597

committee and other necessary officers, each of whom shall have

1598

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

1599

D. Qualified Immunity, Defense and Indemnification

1600

1. The Interstate Commission's staff director and its

1601

employees shall be immune from suit and liability, either

1602

personally or in their official capacity, for a claim for damage

1603

to or loss of property or personal injury or other civil

1604

liability caused or arising out of or relating to an actual or

1605

alleged act, error, or omission that occurred, or that such

1606

person had a reasonable basis for believing occurred within the

1607

scope of Commission employment, duties, or responsibilities;

1608

provided, that such person shall not be protected from suit or

1609

liability for damage, loss, injury, or liability caused by a

1610

criminal act or the intentional or willful and wanton misconduct

1611

of such person.

1612

a. The liability of the Interstate Commission's staff

1613

director and employees or Interstate Commission representatives,

1614

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

1615

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

1616

may not exceed the limits of liability set forth under the

1617

Constitution and laws of that state for state officials,

1618

employees, and agents. The Interstate Commission is considered to

1619

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

1620

action. Nothing in this subsection shall be construed to protect

1621

such person from suit or liability for damage, loss, injury, or

1622

liability caused by a criminal act or the intentional or willful

1623

and wanton misconduct of such person.

1624

b. The Interstate Commission shall defend the staff

1625

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

1626

Attorney General or other appropriate legal counsel of the member

1627

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

1628

action seeking to impose liability arising out of an actual or

1629

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

1630

Interstate Commission employment, duties, or responsibilities, or

1631

that the defendant had a reasonable basis for believing occurred

1632

within the scope of Interstate Commission employment, duties, or

1633

responsibilities, provided that the actual or alleged act, error,

1634

or omission did not result from intentional or willful and wanton

1635

misconduct on the part of such person.

1636

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

1637

state, or the Interstate Commission, the representatives or

1638

employees of the Interstate Commission shall be held harmless in

1639

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

1640

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

1641

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

1642

of Interstate Commission employment, duties, or responsibilities,

1643

or that such persons had a reasonable basis for believing

1644

occurred within the scope of Interstate Commission employment,

1645

duties, or responsibilities, provided that the actual or alleged

1646

act, error, or omission did not result from intentional or

1647

willful and wanton misconduct on the part of such persons.

1648

ARTICLE XI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

1649

A. The Interstate Commission shall promulgate and publish

1650

rules in order to effectively and efficiently achieve the

1651

purposes of the compact.

1652

B. Rulemaking shall occur pursuant to the criteria set

1653

forth in this article and the bylaws and rules adopted pursuant

1654

thereto. Such rulemaking shall substantially conform to the

1655

principles of the "Model State Administrative Procedures Act,"

1656

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

1657

other administrative procedure acts as the Interstate Commission

1658

deems appropriate consistent with due process requirements under

1659

the United States Constitution as now or hereafter interpreted by

1660

the U.S. Supreme Court. All rules and amendments shall become

1661

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

1662

version of the rule as approved by the Interstate Commission.

1663

C. When promulgating a rule, the Interstate Commission

1664

shall, at a minimum:

1665

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

1666

reason(s) for that proposed rule;

1667

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

1668

data, facts, opinions, and arguments, which information shall be

1669

added to the record, and be made publicly available; and

1670

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

1671

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

1672

interested parties.

1673

D. Rules promulgated by the Interstate Commission shall

1674

have the force and effect of administrative rules and shall be

1675

binding in the compacting states to the extent and in the manner

1676

provided for in this compact.

1677

E. Not later than 60 days after a rule is promulgated, an

1678

interested person may file a petition in the U.S. District Court

1679

for the District of Columbia or in the Federal District Court

1680

where the Interstate Commission's principal office is located for

1681

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

1682

Interstate Commission's action is not supported by substantial

1683

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

1684

unlawful and set it aside.

1685

F. If a majority of the legislatures of the member states

1686

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

1687

resolution in the same manner used to adopt the compact, cause

1688

that such rule shall have no further force and effect in any

1689

member state.

1690

G. The existing rules governing the operation of the

1691

Interstate Compact on the Placement of Children superseded by

1692

this act shall be null and void no less than 12, but no more than

1693

24 months after the first meeting of the Interstate Commission

1694

created hereunder, as determined by the members during the first

1695

meeting.

1696

H. Within the first 12 months of operation, the Interstate

1697

Commission shall promulgate rules addressing the following:

1698

1. Transition rules.

1699

2. Forms and procedures.

1700

3. Time lines.

1701

4. Data collection and reporting.

1702

5. Rulemaking.

1703

6. Visitation.

1704

7. Progress reports/supervision.

1705

8. Sharing of information/confidentiality.

1706

9. Financing of the Interstate Commission.

1707

10. Mediation, arbitration, and dispute resolution.

1708

11. Education, training, and technical assistance.

1709

12. Enforcement

1710

13. Coordination with other interstate compacts.

1711

I. Upon determination by a majority of the members of the

1712

Interstate Commission that an emergency exists:

1713

1. The Interstate Commission may promulgate an emergency

1714

rule only if it is required to:

1715

a. Protect the children covered by this compact from an

1716

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

1717

b. Prevent loss of federal or state funds; or

1718

c. Meet a deadline for the promulgation of an

1719

administrative rule required by federal law.

1720

2. An emergency rule shall become effective immediately

1721

upon adoption, provided that the usual rulemaking procedures

1722

provided hereunder shall be retroactively applied to said rule as

1723

soon as reasonably possible, but no later than 90 days after the

1724

effective date of the emergency rule.

1725

3. An emergency rule shall be promulgated as provided for

1726

in the rules of the Interstate Commission.

1727

ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT

1728

A. Oversight.

1729

1. The Interstate Commission shall oversee the

1730

administration and operation of the compact.

1731

2. The executive, legislative, and judicial branches of

1732

state government in each member state shall enforce this compact

1733

and the rules of the Interstate Commission and shall take all

1734

actions necessary and appropriate to effectuate the compact's

1735

purposes and intent. The compact and its rules shall be binding

1736

in the compacting states to the extent and in the manner provided

1737

for in this compact.

1738

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

1739

the rules in any judicial or administrative proceeding in a

1740

member state pertaining to the subject matter of this compact.

1741

4. The Interstate Commission shall be entitled to receive

1742

service of process in any action in which the validity of a

1743

compact provision or rule is the issue for which a judicial

1744

determination has been sought and shall have standing to

1745

intervene in any proceedings. Failure to provide service of

1746

process to the Interstate Commission shall render any judgment,

1747

order, or other determination, however so captioned or

1748

classified, void as to the Interstate Commission, this compact,

1749

its bylaws, or rules of the Interstate Commission.

1750

B. Dispute Resolution.

1751

1. The Interstate Commission shall attempt, upon the

1752

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

1753

to the compact and which may arise among member states and

1754

between member and nonmember states.

1755

2. The Interstate Commission shall promulgate a rule

1756

providing for both mediation and binding dispute resolution for

1757

disputes among compacting states. The costs of such mediation or

1758

dispute resolution shall be the responsibility of the parties to

1759

the dispute.

1760

C. Enforcement

1761

1. If the Interstate Commission determines that a member

1762

state has defaulted in the performance of its obligations or

1763

responsibilities under this compact, its bylaws or rules, the

1764

Interstate Commission may:

1765

a. Provide remedial training and specific technical

1766

assistance;

1767

b. Provide written notice to the defaulting state and other

1768

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

1769

curing the default. The Interstate Commission shall specify the

1770

conditions by which the defaulting state must cure its default;

1771

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

1772

defaulting member state legal action in the United States

1773

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

1774

of the Interstate Commission, in the federal district where the

1775

Interstate Commission has its principal office, to enforce

1776

compliance with the provisions of the compact, its bylaws or

1777

rules. The relief sought may include both injunctive relief and

1778

damages. In the event judicial enforcement is necessary, the

1779

prevailing party shall be awarded all costs of such litigation

1780

including reasonable attorney's fees; or

1781

d. Avail itself of any other remedies available under state

1782

law or the regulation of official or professional conduct.

1783

ARTICLE XIII. FINANCING OF THE COMMISSION

1784

A. The Interstate Commission shall pay, or provide for the

1785

payment of the reasonable expenses of its establishment,

1786

organization, and ongoing activities.

1787

B. The Interstate Commission may levy on and collect an

1788

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

1789

operations and activities of the Interstate Commission and its

1790

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

1791

Interstate Commission's annual budget as approved by its members

1792

each year. The aggregate annual assessment amount shall be

1793

allocated based upon a formula to be determined by the Interstate

1794

Commission which shall promulgate a rule binding upon all member

1795

states.

1796

C. The Interstate Commission shall not incur obligations of

1797

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

1798

nor shall the Interstate Commission pledge the credit of any of

1799

the member states, except by and with the authority of the member

1800

state.

1801

D. The Interstate Commission shall keep accurate accounts

1802

of all receipts and disbursements. The receipts and disbursements

1803

of the Interstate Commission shall be subject to the audit and

1804

accounting procedures established under its bylaws. However, all

1805

receipts and disbursements of funds handled by the Interstate

1806

Commission shall be audited yearly by a certified or licensed

1807

public accountant and the report of the audit shall be included

1808

in and become part of the annual report of the Interstate

1809

Commission.

1810

ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

1811

A. Any state is eligible to become a member state.

1812

B. The compact shall become effective and binding upon

1813

legislative enactment of the compact into law by no less than 35

1814

states. The effective date shall be the later of July 1, 2007, or

1815

upon enactment of the compact into law by the 35th state.

1816

Thereafter, it shall become effective and binding as to any other

1817

member state upon enactment of the compact into law by that

1818

state. The executive heads of the state human services

1819

administration with ultimate responsibility for the child welfare

1820

program of nonmember states or their designees shall be invited

1821

to participate in the activities of the Interstate Commission on

1822

a nonvoting basis prior to adoption of the compact by all states.

1823

C. The Interstate Commission may propose amendments to the

1824

compact for enactment by the member states. No amendment shall

1825

become effective and binding on the member states unless and

1826

until it is enacted into law by unanimous consent of the member

1827

states.

1828

ARTICLE XV. WITHDRAWAL AND DISSOLUTION

1829

A. Withdrawal

1830

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

1831

remain binding upon each and every member state. A member state

1832

may withdraw from the compact specifically repealing the statute

1833

which enacted the compact into law.

1834

2. Withdrawal from this compact shall be by the enactment

1835

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

1836

shall be the effective date of the repeal of the statute.

1837

3. The withdrawing state shall immediately notify the

1838

president of the Interstate Commission in writing upon the

1839

introduction of legislation repealing this compact in the

1840

withdrawing state. The Interstate Commission shall then notify

1841

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

1842

withdraw.

1843

4. The withdrawing state is responsible for all

1844

assessments, obligations, and liabilities incurred through the

1845

effective date of withdrawal.

1846

5. Reinstatement following withdrawal of a member state

1847

shall occur upon the withdrawing state reenacting the compact or

1848

upon such later date as determined by the members of the

1849

Interstate Commission.

1850

B. Dissolution of Compact

1851

1. This compact shall dissolve effective upon the date of

1852

the withdrawal or default of the member state which reduces the

1853

membership in the compact to one member state.

1854

2. Upon the dissolution of this compact, the compact

1855

becomes null and void and shall be of no further force or effect,

1856

and the business and affairs of the Interstate Commission shall

1857

be concluded and surplus funds shall be distributed in accordance

1858

with the bylaws.

1859

ARTICLE XVI. SEVERABILITY AND CONSTRUCTION

1860

A. The provisions of this compact shall be severable, and

1861

if any phrase, clause, sentence, or provision is deemed

1862

unenforceable, the remaining provisions of the compact shall be

1863

enforceable.

1864

B. The provisions of this compact shall be liberally

1865

construed to effectuate its purposes.

1866

C. Nothing in this compact shall be construed to prohibit

1867

the concurrent applicability of other interstate compacts to

1868

which the states are members.

1869

ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS

1870

A. Other Laws

1871

1. Nothing herein prevents the enforcement of any other law

1872

of a member state that is not inconsistent with this compact.

1873

B. Binding Effect of the Compact

1874

1. All lawful actions of the Interstate Commission,

1875

including all rules and bylaws promulgated by the Interstate

1876

Commission, are binding upon the member states.

1877

2. All agreements between the Interstate Commission and the

1878

member states are binding in accordance with their terms.

1879

3. If any provision of this compact exceeds the

1880

constitutional limits imposed on the legislature of any member

1881

state, such provision shall be ineffective to the extent of the

1882

conflict with the constitutional provision in question in that

1883

member state.

1884

ARTICLE XVIII. INDIAN TRIBES

1885

Notwithstanding any other provision in this compact, the

1886

Interstate Commission may promulgate guidelines to permit Indian

1887

tribes to utilize the compact to achieve any or all of the

1888

purposes of the compact as specified in Article I. The Interstate

1889

Commission shall make reasonable efforts to consult with Indian

1890

tribes in promulgating guidelines to reflect the diverse

1891

circumstances of the various Indian tribes.

1892

Section 23. Sections 409.402 and 409.403, Florida Statues,

1893

are repealed.

1894

Section 24. Section 409.404, Florida Statutes, is amended

1895

to read:

1896

409.404 Agreements between party state officers and

1897

agencies.--

1898

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

1899

subdivisions having authority to place children may are hereby

1900

empowered to enter into agreements with appropriate officers or

1901

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

1902

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

1903

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

1904

commitment or imposes a financial obligation on this state or

1905

subdivision or agency thereof is shall not be binding unless it

1906

has the approval in writing of the secretary of Children and

1907

Family Services in the case of the state.

1908

(2) Any requirements for visitation, inspection, or

1909

supervision of children, homes, institutions, or other agencies

1910

in another party state which may apply under the provisions of

1911

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

1912

performed pursuant to an agreement entered into by appropriate

1913

agencies of this state or a subdivision thereof as contemplated

1914

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

1915

Placement of Children, s. 409.401.

1916

Section 25. Subsection (3) of section 787.04, Florida

1917

Statutes, is amended to read:

1918

787.04 Removing minors from state or concealing minors

1919

contrary to state agency order or court order.--

1920

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

1921

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

1922

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

1923

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

1924

dependency proceeding affecting such minor or during the pendency

1925

of any investigation, action, or proceeding concerning the

1926

alleged abuse or neglect of such minor, after having received

1927

actual or constructive notice of the pendency of such

1928

investigation, action, or proceeding and without the permission

1929

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

1930

or proceeding is pending.

1931

Section 26. Subsection (1) of section 937.021, Florida

1932

Statutes, is amended to read:

1933

937.021 Missing child reports.--

1934

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

1935

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

1936

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

1937

office providing investigative services for the department, the

1938

law enforcement agency receiving the report shall immediately

1939

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

1940

the missing child report, communicate the report to every other

1941

law enforcement agency having jurisdiction in the county, and

1942

transmit the report for inclusion within the Florida Crime

1943

Information Center computer. A law enforcement agency may not

1944

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

1945

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

1946

child is missing.

1947

Section 27. Paragraph (c) of subsection (4) of section

1948

985.04, Florida Statutes, is amended to read:

1949

985.04 Oaths; records; confidential information.--

1950

(4)

1951

1952

superintendent the presence of any child in the care and custody

1953

or under the jurisdiction or supervision of the department who

1954

has a known history of criminal sexual behavior with other

1955

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

1956

has exhibited inappropriate sexual behavior, as defined in s.

1957

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

1958

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

1959

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

1960

adjudication. An Any employee of a district school board who

1961

knowingly and willfully discloses such information to an

1962

unauthorized person commits a misdemeanor of the second degree,

1963

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

1964

Section 28. Effective upon this act becoming a law and

1965

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

1966

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

1967

read:

1968

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

1969

Section 29. Paragraph (b) of subsection (3) of section

1970

39.0015, Florida Statutes, is amended to read:

1971

39.0015 Child abuse prevention training in the district

1972

school system.--

1973

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

1974

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

1975

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

1976

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

1977

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

1978

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

1979

Section 30. Subsection (5) of section 39.205, Florida

1980

Statutes, is amended to read:

1981

39.205 Penalties relating to reporting of child abuse,

1982

abandonment, or neglect.--

1983

(5) If the department or its authorized agent has

1984

determined after its investigation that a report is false, the

1985

department shall, with the consent of the alleged perpetrator,

1986

refer the report to the local law enforcement agency having

1987

jurisdiction for an investigation to determine whether sufficient

1988

evidence exists to refer the case for prosecution for filing a

1989

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

1990

pendency of the investigation by the local law enforcement

1991

agency, the department must notify the local law enforcement

1992

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

1993

all subsequent reports concerning children in that same family in

1994

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

1995

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

1996

must immediately notify the department, which must ensure assure

1997

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

1998

sufficient evidence for prosecution for filing a false report, it

1999

must refer the case to the appropriate state attorney for

2000

prosecution.

2001

Section 31. Subsection (1) of section 39.302, Florida

2002

Statutes, is amended to read:

2003

39.302 Protective investigations of institutional child

2004

abuse, abandonment, or neglect.--

2005

(1) The department shall conduct a child protective

2006

investigation of each report of institutional child abuse,

2007

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

2008

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

2009

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

2010

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

2011

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

2012

child protective investigation within the timeframe established

2013

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

2014

the appropriate state attorney, law enforcement agency, and

2015

licensing agency, which. These agencies shall immediately conduct

2016

a joint investigation, unless independent investigations are more

2017

feasible. When conducting investigations onsite or having face-

2018

to-face interviews with the child, such investigation visits

2019

shall be unannounced unless it is determined by the department or

2020

its agent that the unannounced visits would threaten the safety

2021

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

2022

department shall inform the owner or operator of the facility of

2023

the report. Each agency conducting a joint investigation is

2024

entitled to full access to the information gathered by the

2025

department in the course of the investigation. A protective

2026

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

2027

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

2028

written report to the state attorney within 3 working days after

2029

making the oral report. A criminal investigation shall be

2030

coordinated, whenever possible, with the child protective

2031

investigation of the department. Any interested person who has

2032

information regarding the offenses described in this subsection

2033

may forward a statement to the state attorney as to whether

2034

prosecution is warranted and appropriate. Within 15 days after

2035

the completion of the investigation, the state attorney shall

2036

report the findings to the department and shall include in the

2037

report a determination of whether or not prosecution is justified

2038

and appropriate in view of the circumstances of the specific

2039

case.

2040

Section 32. Paragraphs (b) and (c) of subsection (2) of

2041

section 39.6011, Florida Statutes, are amended to read:

2042

39.6011 Case plan development.--

2043

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

2044

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

2045

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

2046

language. Each case plan must contain:

2047

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

2048

2049

the permanency goal of reunification with the parent or legal

2050

custodian in addition to a description of one of the remaining

2051

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

2052

Section 33. Paragraph (e) of subsection (6) of section

2053

39.811, Florida Statutes, is amended to read:

2054

39.811 Powers of disposition; order of disposition.--

2055

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

2056

without severing the parental rights of the other parent only

2057

under the following circumstances:

2058

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

2059

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

2060

(i).

2061

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

2062

39.828, Florida Statutes, is amended to read:

2063

39.828 Grounds for appointment of a guardian advocate.--

2064

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

2065

petition as a guardian advocate with all the powers and duties

2066

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

2067

finding that:

2068

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

2069

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

2070

39.01(31)(g);

2071

Section 35. Paragraph (d) of subsection (1) of section

2072

419.001, Florida Statutes, is amended to read:

2073

419.001 Site selection of community residential homes.--

2074

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

2075

definitions shall apply:

2076

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

2077

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

2078

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

2079

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

2080

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

2081

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

2082

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

2083

(12), or s. 985.03.

2084

Section 36. Except as otherwise expressly provided in this

2085

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

2086

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

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