1

A bill to be entitled

2

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

3

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

4

defining the term "child who has exhibited inappropriate

5

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

6

the Department of Children and Family Services to adopt

7

rules providing for locating and recovering missing

8

children who are involved with the department; providing

9

requirements for reports; amending s. 39.0138, F.S.;

10

requiring a criminal history check of persons being

11

considered for placement of a child to include a search of

12

the department's automated abuse information system;

13

authorizing the department to adopt rules establishing

14

standards for evaluating such information; creating s.

15

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

16

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

17

following a determination that a child involved with the

18

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

19

provisions relating to reporting child abuse, abandonment,

20

or neglect to the central abuse hotline to allow for

21

reports by fax or e-mail; amending s. 39.301, F.S.;

22

conforming provisions to changes made by the act;

23

providing certain exceptions to the requirements that a

24

child protective investigation be closed within 60 days;

25

amending s. 39.307, F.S.; revising provision relating to

26

the provision of services to a child in cases of child-on-

27

child sexual abuse to include a child who has exhibited

28

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

29

requiring a law enforcement officer who takes a child into

30

custody to release such child to an adoptive parent of the

31

child's sibling, if the sibling was previously adopted and

32

if it is in the best interest of the child; requiring

33

judicial approval for the placement of a child with a

34

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

35

notice to foster or preadoptive parents of any hearings

36

involving the child in their care; amending s. 39.503,

37

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

38

dependency or shelter must make in trying to locate an

39

identified parent or prospective parent; amending s.

40

39.504, F.S.; revising procedures related to injunctions

41

issued to protect a child; requiring that such injunctions

42

remain in effect until modified or dissolved by the court;

43

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

44

adjudicating dependency; providing for supplemental

45

findings; amending s. 39.521, F.S.; providing an exception

46

from the requirement for a predisposition study in

47

dependency proceedings; conforming cross-references;

48

amending s. 39.621, F.S.; requiring that an adoptive

49

parent of a child's sibling be given the opportunity to

50

apply to adopt such child if the child is available for

51

adoption; requiring that such application be given the

52

same consideration as a relative's application for

53

adoption; amending s. 39.701, F.S.; requiring that notice

54

of a judicial review of a child's status be served on

55

certain persons regardless of whether they attended a

56

prior hearing at which the hearing was announced; amending

57

s. 39.8055, F.S.; revising provisions relating to filing a

58

petition to terminate parental rights; expanding the

59

grounds for terminating parental rights to include

60

conviction for the murder, manslaughter, or conspiracy to

61

murder another child of the parent; amending s. 39.806,

62

F.S.; adding additional grounds for terminating parental

63

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

64

termination of parental rights is in the best interests of

65

the child, it is also the least restrictive means of

66

protecting the child; amending s. 322.142, F.S.;

67

authorizing the Department of Children and Family Services

68

to be provided copies of driver's license files maintained

69

by the Department of Highway Safety and Motor Vehicles for

70

the purpose of conducting protective investigations;

71

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

72

Welfare Student Loan Forgiveness Program; transferring

73

administration of the program to the Department of

74

Children and Family Services; amending s. 409.1671, F.S.;

75

providing that a community-based provider or a

76

subcontractor of a community-based provider may provide

77

nonowned automobile liability coverage in lieu of

78

providing personal motor vehicle insurance; providing

79

terms, conditions, and applicability for nonowned

80

automobile insurance coverage; requiring a community-based

81

provider or a subcontractor of a community-based provider

82

to provide a minimum limit for nonowned automobile

83

insurance coverage; amending s. 409.175, F.S.; revising

84

requirements for licensure as a foster home or child-

85

caring agency; deleting the exemption from licensure for

86

persons who receive a child from the department;

87

clarifying that a permanent guardian is exempt from

88

licensure; amending s. 787.04, F.S.; prohibiting a person

89

from knowingly and willfully taking or removing a minor

90

from the state or concealing the location of a minor

91

during the pendency of a dependency proceeding or any

92

other action concerning alleged abuse or neglect of the

93

minor; amending s. 937.021, F.S.; requiring that a report

94

of a missing child made by the department, a community-

95

based care provider, or a sheriff's office be treated as a

96

missing child report filed by a parent or guardian;

97

prohibiting a law enforcement agency from requiring an

98

order that a child be taken into custody or any other such

99

order before accepting a missing child report for

100

investigation; amending s. 985.04, F.S.; providing for the

101

disclosure of certain records relating to children having

102

a history of inappropriate sexual behavior to schools

103

superintendents; amending chapter 2007-174, Laws of

104

Florida; extending the date for the repeal of provisions

105

authorizing the reorganization of the Department of

106

Children and Family Services; providing for retroactive

107

application; amending ss. 39.0015, 39.205, 39.302,

108

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

109

cross-references; providing effective dates.

110

111

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

112

113

     Section 1.  Subsection (1) and paragraphs (e) and (g) of

114

present subsection (31) of section 39.01, Florida Statutes, are

115

amended, present subsections (14) through (74) are renumbered as

116

subsections (15) through (75), respectively, and a new subsection

117

(14) is added to that section, to read:

118

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

119

context otherwise requires:

120

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

121

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

122

parent or legal custodian, the caregiver responsible for the

123

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

124

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

125

substantial and positive relationship with the child. For

126

purposes of this subsection, "establish or maintain a substantial

127

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

128

frequent and regular contact with the child through frequent and

129

regular visitation or frequent and regular communication to or

130

with the child, and the exercise of parental rights and

131

responsibilities. Marginal efforts and incidental or token visits

132

or communications are not sufficient to establish or maintain a

133

substantial and positive relationship with a child. and makes no

134

effort to communicate with the child, which situation is

135

sufficient to evince a willful rejection of parental

136

obligations. If the efforts of the parent or legal custodian, or

137

caregiver primarily responsible for the child's welfare, to

138

support and communicate with the child are, in the opinion of the

139

court, only marginal efforts that do not evince a settled purpose

140

to assume all parental duties, the court may declare the child to

141

be abandoned. The term "abandoned" does not include an abandoned

142

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

143

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

144

services" as defined in chapter 984. The incarceration of a

145

parent, legal custodian, or caregiver responsible for a child's

146

welfare may support a finding of abandonment.

147

     (14) "Child who has exhibited inappropriate sexual

148

behavior" means a child who is 12 years of age or younger and who

149

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

150

an inappropriate sexual act on himself or herself or another

151

individual.

152

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

153

when any person:

154

     (e)  Abandons the child. Within the context of the

155

definition of "harm," the term "abandoned the child" or

156

"abandonment of the child" means a situation in which the parent

157

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

158

legal custodian, the caregiver, while being able, makes no

159

provision for the child's support and has failed to establish or

160

maintain a substantial and positive relationship with the child.

161

For purposes of this paragraph, "establish or maintain a

162

substantial and positive relationship" includes, but is not

163

limited to, frequent and regular contact with the child through

164

frequent and regular visitation or frequent and regular

165

communication to or with the child, and the exercise of parental

166

rights and responsibilities. Marginal efforts and incidental or

167

token visits or communications are not sufficient to establish or

168

maintain a substantial and positive relationship with a child.

169

"abandons the child" means that the parent or legal custodian of

170

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

171

person responsible for the child's welfare, while being able,

172

makes no provision for the child's support and makes no effort to

173

communicate with the child, which situation is sufficient to

174

evince a willful rejection of parental obligation. If the efforts

175

of the parent or legal custodian or person primarily responsible

176

for the child's welfare to support and communicate with the child

177

are only marginal efforts that do not evince a settled purpose to

178

assume all parental duties, the child may be determined to have

179

been abandoned. The term "abandoned" does not include an

180

abandoned newborn infant as described in s. 383.50.

181

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

182

Exposure to a controlled substance or alcohol is established by:

183

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

184

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

185

or a controlled substance or metabolites of such substances, the

186

presence of which was not the result of medical treatment

187

administered to the mother or the newborn infant Use by the

188

mother of a controlled substance or alcohol during pregnancy when

189

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

190

usage; or

191

     2. Evidence of extensive, abusive, and Continued chronic

192

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

193

when the child is demonstrably adversely affected by such usage.

194

195

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

196

prescription drugs not prescribed for the parent or not

197

administered as prescribed and controlled substances as outlined

198

in Schedule I or Schedule II of s. 893.03.

199

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

200

Florida Statutes, to read:

201

     39.0121  Specific rulemaking authority.--Pursuant to the

202

requirements of s. 120.536, the department is specifically

203

authorized to adopt, amend, and repeal administrative rules which

204

implement or interpret law or policy, or describe the procedure

205

and practice requirements necessary to implement this chapter,

206

including, but not limited to, the following:

207

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

208

stabilizing children whose whereabouts become unknown while they

209

are involved with the department and for preventing recurrences

210

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

211

     (a) Provide comprehensive, explicit, and consistent

212

guidelines to be followed by the department's employees and

213

contracted providers when the whereabouts of a child involved

214

with the department is unknown.

215

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

216

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

217

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

218

accepted a case for criminal investigation pursuant to s.

219

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

220

shall be considered missing and a report made.

221

     (c) Include steps to be taken by employees and contracted

222

providers to ensure and provide evidence that parents and

223

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

224

and that violations are reported.

225

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

226

Statutes, is amended to read:

227

     39.0138  Criminal history records check; limit on placement

228

of a child.--

229

     (1)  The department shall conduct a criminal history records

230

check on for all persons being considered by the department for

231

approval for placement of a child subject to a placement decision

232

under this chapter, including all nonrelative placement

233

decisions, all members of the household of the person being

234

considered, and frequent visitors to the household. For purposes

235

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

236

but is not limited to, submission of fingerprints to the

237

Department of Law Enforcement for processing and forwarding to

238

the Federal Bureau of Investigation for state and national

239

criminal history information, and local criminal records checks

240

through local law enforcement agencies. A criminal history

241

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

242

automated abuse information system. The department shall

243

establish by rule standards for evaluating any information

244

contained in the automated system relating to a person who must

245

be screened for purposes of making a placement decision.

246

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

247

read:

248

     39.0141 Missing children; report required.--Whenever the

249

whereabouts of a child involved with the department becomes

250

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

251

the sheriff's office providing investigative services for the

252

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

253

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

254

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

255

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

256

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

257

     Section 5.  Subsections (2), (4), and (7) of section 39.201,

258

Florida Statutes, are amended to read:

259

     39.201  Mandatory reports of child abuse, abandonment, or

260

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

261

     (2)(a)  Each report of known or suspected child abuse,

262

abandonment, or neglect by a parent, legal custodian, caregiver,

263

or other person responsible for the child's welfare as defined in

264

this chapter, except those solely under s. 827.04(3), and each

265

report that a child is in need of supervision and care and has no

266

parent, legal custodian, or responsible adult relative

267

immediately known and available to provide supervision and care

268

shall be made immediately to the department's central abuse

269

hotline. Such reports may be made on the single statewide toll-

270

free telephone number or by fax or e-mail. Personnel at the

271

department's central abuse hotline shall determine if the report

272

received meets the statutory definition of child abuse,

273

abandonment, or neglect. Any report meeting one of these

274

definitions shall be accepted for the protective investigation

275

pursuant to part III of this chapter.

276

     (b)  If the report is of an instance of known or suspected

277

child abuse by someone other than a parent, legal custodian,

278

caregiver, or other person responsible for the child's welfare as

279

defined in this chapter, the call or report shall be immediately

280

electronically transferred to the appropriate county sheriff's

281

office by the central abuse hotline.

282

     (c)  If the report is of an instance of known or suspected

283

child abuse, abandonment, or neglect that occurred out of state

284

and the alleged perpetrator and the child alleged to be a victim

285

live out of state, the central abuse hotline may shall not accept

286

the call or report for investigation, but shall transfer the

287

information on the report to the appropriate state.

288

     (d)  If the report is of an instance of known or suspected

289

child abuse involving impregnation of a child under 16 years of

290

age by a person 21 years of age or older solely under s.

291

827.04(3), the report shall be made immediately to the

292

appropriate county sheriff's office or other appropriate law

293

enforcement agency. If the report is of an instance of known or

294

suspected child abuse solely under s. 827.04(3), the reporting

295

provisions of this subsection do not apply to health care

296

professionals or other persons who provide medical or counseling

297

services to pregnant children when such reporting would interfere

298

with the provision of medical services.

299

     (e)  Reports involving known or suspected institutional

300

child abuse or neglect shall be made and received in the same

301

manner as all other reports made pursuant to this section.

302

     (f)  Reports involving a known or suspected juvenile sexual

303

offender or a child who has exhibited inappropriate sexual

304

behavior shall be made and received by the department.

305

1.  The department shall determine the age of the alleged

306

juvenile sexual offender, if known.

307

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

308

of age or younger, the central abuse hotline shall immediately

309

electronically transfer the call or report to the appropriate law

310

enforcement agency office. The department shall conduct an

311

assessment and assist the family in receiving appropriate

312

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

313

allegation to the appropriate county sheriff's office within 48

314

hours after the initial report is made to the central abuse

315

hotline.

316

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

317

of age or older, the central abuse hotline department shall

318

immediately electronically transfer the call or report to the

319

appropriate county sheriff's office by the central abuse hotline,

320

and send a written report to the appropriate county sheriff's

321

office within 48 hours after the initial report to the central

322

abuse hotline.

323

     (g)  Reports involving abandoned newborn infants as

324

described in s. 383.50 shall be made and received by the

325

department.

326

     1.  If the report is of an abandoned newborn infant as

327

described in s. 383.50 and there is no indication of abuse,

328

neglect, or abandonment other than that necessarily entailed in

329

the infant having been left at a hospital, emergency medical

330

services station, or fire station, the department shall provide

331

to the caller the name of a licensed child-placing agency on a

332

rotating basis from a list of licensed child-placing agencies

333

eligible and required to accept physical custody of and to place

334

newborn infants left at a hospital, emergency medical services

335

station, or fire station. The report may shall not be considered

336

a report of abuse, neglect, or abandonment solely because the

337

infant has been left at a hospital, emergency medical services

338

station, or fire station pursuant to s. 383.50.

339

     2. If the call, fax, or e-mail includes caller reports

340

indications of abuse or neglect beyond that necessarily entailed

341

in the infant having been left at a hospital, emergency medical

342

services station, or fire station, the report shall be considered

343

as a report of abuse, neglect, or abandonment and is shall be

344

subject to the requirements of s. 39.395 and all other relevant

345

provisions of this chapter, notwithstanding any provisions of

346

chapter 383.

347

     (h)  Hotline counselors shall receive periodic training in

348

encouraging reporters to provide their names when reporting

349

abuse, abandonment, or neglect. Callers shall be advised of the

350

confidentiality provisions of s. 39.202. The department shall

351

secure and install electronic equipment that automatically

352

provides to the hotline the number from which the call or fax is

353

placed, or the Internet protocol (IP) address from which the e-

354

mail report is received. This number or address shall be entered

355

into the report of abuse, abandonment, or neglect and become a

356

part of the record of the report, but shall enjoy the same

357

confidentiality as provided to the identity of the reporter

358

caller pursuant to s. 39.202.

359

     (i)  The department shall voice-record all incoming or

360

outgoing calls that are received or placed by the central abuse

361

hotline and shall maintain an electronic copy of each fax or e-

362

mail that relates which relate to suspected or known child abuse,

363

neglect, or abandonment. The recording or electronic copy of each

364

fax and e-mail shall become a part of the record of the report

365

but, notwithstanding s. 39.202, shall be released in full only to

366

law enforcement agencies and state attorneys for the purpose of

367

investigating and prosecuting criminal charges pursuant to s.

368

39.205, or to employees of the department for the purpose of

369

investigating and seeking administrative penalties pursuant to s.

370

39.206. Nothing in This paragraph does not shall prohibit the use

371

of the recordings or electronic copies of faxes or e-mails by

372

hotline staff for quality assurance and training.

373

     (4)  The department shall establish and maintain a central

374

abuse hotline to receive all reports made pursuant to this

375

section in writing, by fax or e-mail, or through a single

376

statewide toll-free telephone number, which any person may use to

377

report known or suspected child abuse, abandonment, or neglect at

378

any hour of the day or night, any day of the week. The central

379

abuse hotline shall be operated in such a manner as to enable the

380

department to:

381

     (a)  Immediately identify and locate prior reports or cases

382

of child abuse, abandonment, or neglect through the use

383

utilization of the department's automated tracking system.

384

     (b)  Monitor and evaluate the effectiveness of the

385

department's program for reporting and investigating suspected

386

abuse, abandonment, or neglect of children through the

387

development and analysis of statistical and other information.

388

     (c)  Track critical steps in the investigative process to

389

ensure compliance with all requirements for any report of abuse,

390

abandonment, or neglect.

391

     (d)  Maintain and produce aggregate statistical reports

392

monitoring patterns of child abuse, child abandonment, and child

393

neglect. The department shall collect and analyze child-on-child

394

sexual abuse reports and include the information in aggregate

395

statistical reports.

396

     (e)  Serve as a resource for the evaluation, management, and

397

planning of preventive and remedial services for children who

398

have been subject to abuse, abandonment, or neglect.

399

     (f)  Initiate and enter into agreements with other states

400

for the purpose of gathering and sharing information contained in

401

reports on child maltreatment to further enhance programs for the

402

protection of children.

403

     (7)  On an ongoing basis, the department's quality assurance

404

program shall review calls and reports to the hotline involving

405

three or more unaccepted reports on a single child, where

406

jurisdiction applies, in order to detect such things as

407

harassment and situations that warrant an investigation because

408

of the frequency or variety of the source of the reports. The

409

Program Director for Family Safety may refer a case for

410

investigation when it is determined, as a result of this review,

411

that an investigation may be warranted.

412

     Section 6.  Subsections (1) and (16) of section 39.301,

413

Florida Statutes, are amended to read:

414

     39.301  Initiation of protective investigations.--

415

     (1) Upon receiving a an oral or written report of known or

416

suspected child abuse, abandonment, or neglect, or that a child

417

is in need of supervision and care and has no parent, legal

418

custodian, or responsible adult relative immediately known and

419

available to provide supervision and care, the central abuse

420

hotline shall determine if the report requires an immediate

421

onsite protective investigation. For reports requiring an

422

immediate onsite protective investigation, the central abuse

423

hotline shall immediately notify the department's designated

424

children and families district staff responsible for protective

425

investigations to ensure that an onsite investigation is promptly

426

initiated. For reports not requiring an immediate onsite

427

protective investigation, the central abuse hotline shall notify

428

the department's designated children and families district staff

429

responsible for protective investigations in sufficient time to

430

allow for an investigation. At the time of notification of

431

district staff with respect to the report, the central abuse

432

hotline shall also provide information to district staff on any

433

previous report concerning a subject of the present report or any

434

pertinent information relative to the present report or any noted

435

earlier reports.

436

     (16) The department shall complete its protective

437

investigation within No later than 60 days after receiving the

438

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

439

complete its investigation.

440

     (a) There is also an active, concurrent criminal

441

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

442

closure of the protective investigation may compromise successful

443

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

444

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

445

criminal investigation and any resulting legal action.

446

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

447

examiner is necessary for the department to close its

448

investigation, and the report has not been received within the

449

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

450

extended to accommodate to the report.

451

     (c) A child who is necessary to an investigation has been

452

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

453

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

454

the child has been located or until sufficient information exists

455

to close the investigation despite the unknown location of the

456

child.

457

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

458

39.307, Florida Statutes, are amended to read:

459

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

460

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

461

following procedures:

462

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

463

juvenile sexual abuse behavior shall be explained to the

464

caregiver.

465

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

466

manner consistent with legislative purpose and intent provided in

467

this chapter.

468

     2.  The name and office telephone number of the person

469

responding shall be provided to the caregiver of the alleged

470

juvenile sexual offender or child who has exhibited inappropriate

471

sexual behavior and the victim's caregiver.

472

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

473

including outcomes and services, shall be explained to the

474

caregiver of the alleged juvenile sexual offender or child who

475

has exhibited inappropriate sexual behavior and the victim's

476

family or caregiver.

477

     (b)  The caregiver of the alleged juvenile sexual offender

478

or child who has exhibited inappropriate sexual behavior and the

479

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

480

extent possible in determining the nature of the allegation and

481

the nature of any problem or risk to other children.

482

     (c)  The assessment of risk and the perceived treatment

483

needs of the alleged juvenile sexual offender or child who has

484

exhibited inappropriate sexual behavior, the victim, and

485

respective caregivers shall be conducted by the district staff,

486

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

487

providers under contract with the department to provide services

488

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

489

victim's caregiver.

490

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

491

sensitive to the social, economic, and cultural environment of

492

the family.

493

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

494

Department of Health shall conduct a physical examination of the

495

victim, which is sufficient to meet forensic requirements.

496

     (f)  Based on the information obtained from the alleged

497

juvenile sexual offender or child who has exhibited inappropriate

498

sexual behavior, his or her the alleged juvenile sexual

499

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

500

assessment service and treatment needs report must be completed

501

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

502

days.

503

     (g) The department shall classify the outcome of its

504

initial assessment of the report as follows:

505

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

506

juvenile sexual offender because the department determined that

507

there was no basis for intervention.

508

     2.  Services accepted by alleged offender. Services were

509

offered to the alleged juvenile sexual offender or child who has

510

exhibited inappropriate sexual behavior and accepted by the

511

caregiver.

512

     3.  Report closed. Services were offered to the alleged

513

juvenile sexual offender or child who has exhibited inappropriate

514

sexual behavior, but were rejected by the caregiver.

515

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

516

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

517

of services or the caregiver family rejected services, and

518

notification of the alleged delinquent act or violation of law to

519

the appropriate law enforcement agency was initiated.

520

     5.  Services accepted by victim. Services were offered to

521

the victim of the alleged juvenile sexual offender and accepted

522

by the caregiver.

523

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

524

the alleged juvenile sexual offender, but were rejected by the

525

caregiver.

526

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

527

juvenile sexual offender or child who has exhibited inappropriate

528

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

529

the department shall designate a case manager and develop a

530

specific case plan.

531

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

532

indicate its acceptance of the plan in writing.

533

     (b)  The case manager shall periodically review the progress

534

toward achieving the objectives of the plan in order to:

535

     1.  Make adjustments to the plan or take additional action

536

as provided in this part; or

537

     2. Terminate the case if when indicated by successful or

538

substantial achievement of the objectives of the plan.

539

     (4) Services provided to the alleged juvenile sexual

540

offender or child who has exhibited inappropriate sexual

541

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

542

voluntary and of necessary duration.

543

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

544

alleged juvenile sexual offender or child who has exhibited

545

inappropriate sexual behavior fails to adequately participate or

546

allow for the adequate participation of the child juvenile sexual

547

offender in the services or treatment delineated in the case

548

plan, the case manager may recommend that the department:

549

     (a)  Close the case;

550

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

551

available; or

552

     (c)  Notify the appropriate law enforcement agency of

553

failure to comply.

554

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

555

victim, and respective caregivers or family under this section

556

shall be voluntary and of necessary duration.

557

     Section 8.  Subsections (2) and (3) of section 39.401,

558

Florida Statutes, are amended, and subsection (5) is added to

559

that section, to read:

560

     39.401  Taking a child alleged to be dependent into custody;

561

law enforcement officers and authorized agents of the

562

department.--

563

     (2)  If the law enforcement officer takes the child into

564

custody, that officer shall:

565

     (a)  Release the child to:

566

     1.  The parent or legal custodian of the child;

567

     2.  A responsible adult approved by the court when limited

568

to temporary emergency situations;

569

     3.  A responsible adult relative who shall be given priority

570

consideration over a nonrelative placement when this is in the

571

best interests of the child; or

572

     4. The adoptive parent of the child's sibling, if such

573

sibling was previously adopted, who shall be given priority

574

consideration over a nonrelative placement if it is in the best

575

interest of the child to do so; or

576

     5.4. A responsible adult approved by the department; or

577

     (b)  Deliver the child to an authorized agent of the

578

department, stating the facts by reason of which the child was

579

taken into custody and sufficient information to establish

580

probable cause that the child is abandoned, abused, or neglected,

581

or otherwise dependent.

582

583

For cases involving allegations of abandonment, abuse, or

584

neglect, or other dependency cases, within 3 days after such

585

release or within 3 days after delivering the child to an

586

authorized agent of the department, the law enforcement officer

587

who took the child into custody shall make a full written report

588

to the department.

589

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

590

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

591

shall review the facts supporting the removal with an attorney

592

representing the department. The purpose of the this review is

593

shall be to determine whether there is probable cause exists for

594

the filing of a shelter petition.

595

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

596

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

597

the custody of the parent or legal custodian.

598

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

599

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

600

custody of the parent or legal custodian, the department shall

601

file the petition and schedule a hearing, and the attorney

602

representing the department shall request that a shelter hearing

603

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

604

after the removal of the child. While awaiting the shelter

605

hearing, the authorized agent of the department may place the

606

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

607

parent or legal custodian or responsible adult relative who shall

608

be given priority consideration over a licensed placement, or a

609

responsible adult approved by the department if when this is in

610

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

611

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

612

history records check as required under s. 39.0138 local and

613

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

614

department's automated abuse information system, on all members

615

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

616

In addition, the department may authorize placement of a

617

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

618

dependent until the parent or legal custodian assumes care of the

619

child.

620

     (5) Judicial review and approval is required within 24

621

hours after placement for all nonrelative placements. A

622

nonrelative placement must be for a specific and predetermined

623

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

624

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

625

continues for longer than 12 months, the department shall request

626

the court to establish permanent guardianship or require that the

627

nonrelative seek licensure as a foster care provider within 30

628

days after the court decision.

629

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

630

Statutes, is amended to read:

631

     39.502  Notice, process, and service.--

632

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

633

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

634

preadoptive parents, and all other parties and participants shall

635

be given reasonable notice of all proceedings and hearings

636

provided for under this part. All foster or preadoptive parents

637

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

638

writing, of all proceedings or hearings relating to children in

639

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

640

ability to provide input to the court.

641

     Section 10.  Subsection (6) of section 39.503, Florida

642

Statutes, is amended to read:

643

     39.503  Identity or location of parent unknown; special

644

procedures.--

645

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

646

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

647

or prospective parent made known to the petitioner, inquiries of

648

all offices of program areas of the department likely to have

649

information about the parent or prospective parent, inquiries of

650

other state and federal agencies likely to have information about

651

the parent or prospective parent, inquiries of appropriate

652

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

653

electronic database specifically designed for locating persons,

654

and inquiries of appropriate law enforcement agencies. Pursuant

655

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

656

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

657

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

658

parent locator service for diligent search activities.

659

     Section 11.  Section 39.504, Florida Statutes, is amended to

660

read:

661

     39.504  Injunction pending disposition of petition;

662

penalty.--

663

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

664

been initiated pursuant to part III of this chapter When a

665

petition for shelter placement or a petition for dependency has

666

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

667

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

668

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

669

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

670

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

671

authority to issue an injunction to prevent any act of child

672

abuse or any unlawful sexual offense involving a child.

673

     (b) Reasonable cause for the issuance of an injunction

674

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

675

offense involving a child or if there is a reasonable likelihood

676

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

677

or failure to act.

678

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

679

the Florida Rules of Juvenile Procedure, unless the child is

680

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

681

issue an injunction immediately. A judge may issue an emergency

682

injunction pursuant to this section without notice if at times

683

when the court is closed for the transaction of judicial

684

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

685

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

686

business either to dissolve the injunction or to continue or

687

modify it in accordance with the other provisions of this

688

section.

689

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

690

issued under this section, the primary purpose of the injunction

691

must be shall be primarily to protect and promote the best

692

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

693

immediate family into consideration. The effective period of the

694

injunction shall be determined by the court, except that the

695

injunction will expire at the time of the disposition of the

696

petition for shelter placement or dependency.

697

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

698

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

699

unlawful sexual offense involving a child. The conditions of the

700

injunction shall be determined by the court, which conditions may

701

include ordering the alleged or actual offender to:

702

     1. Refrain from further abuse or acts of domestic violence

703

unlawful sexual activity involving a child.

704

     2.  Participate in a specialized treatment program.

705

     3.  Limit contact or communication with the child victim,

706

other children in the home, or any other child.

707

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

708

or wherever the child may be found.

709

     5.  Have limited or supervised visitation with the child.

710

     6.  Pay temporary support for the child or other family

711

members; the costs of medical, psychiatric, and psychological

712

treatment for the child victim incurred as a result of the

713

offenses; and similar costs for other family members.

714

     7.  Vacate the home in which the child resides.

715

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

716

child from domestic violence, the conditions may also include:

717

     1. Awarding the exclusive use and possession of the

718

dwelling to the caregiver or excluding the alleged or actual

719

offender from the residence of the caregiver.

720

     2. Awarding temporary custody of the child to the

721

caregiver.

722

     3. Establishing temporary support for the child. At any

723

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

724

actual offender may offer the court evidence of changed

725

circumstances as a ground to dissolve or modify the injunction.

726

727

This paragraph does not preclude the adult victim of domestic

728

violence from seeking protection under s. 741.30.

729

     (c) The terms of the injunction shall remain in effect

730

until modified or dissolved by the court. The petitioner,

731

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

732

dissolve the injunction. The injunction is valid and enforceable

733

in all counties in the state.

734

     (4) Service of process on the respondent shall be carried

735

out pursuant to s. 741.30. The department shall deliver a copy of

736

any injunction issued pursuant to this section shall be delivered

737

to the protected party, or to a parent, or caregiver, or

738

individual acting in the place of a parent who is not the

739

respondent, and to any law enforcement agency having jurisdiction

740

to enforce such injunction. Law enforcement officers may exercise

741

their arrest powers as provided in s. 901.15(6) to enforce the

742

terms of the injunction. Upon delivery of the injunction to the

743

appropriate law enforcement agency, the agency shall have the

744

duty and responsibility to enforce the injunction.

745

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

746

issued pursuant to this section commits is guilty of a

747

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

748

775.082 or s. 775.083.

749

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

750

Statutes, is amended to read:

751

     39.507  Adjudicatory hearings; orders of adjudication.--

752

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

753

dependency case, only one order adjudicating each child in the

754

case dependent shall be entered. This order establishes the legal

755

status of the child for purposes of proceedings under this

756

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

757

parents, or a legal custodian.

758

(b) Upon a properly noticed motion, a subsequent

759

evidentiary hearing may be held regarding the conduct of one

760

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

761

supplemental findings made beyond a preponderance of the evidence

762

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

763

or readjudicated.

764

     (c) If a court adjudicates a child dependent and the child

765

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

766

parents whether the parents have relatives who might be

767

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

768

the parents that, if the parents fail to substantially comply

769

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

770

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

771

parent or parents shall provide to the court and all parties

772

identification and location information of the relatives.

773

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

774

section 39.521, Florida Statutes, are amended to read:

775

     39.521  Disposition hearings; powers of disposition.--

776

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

777

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

778

dependency were proven in the adjudicatory hearing, or if the

779

parents or legal custodians have consented to the finding of

780

dependency or admitted the allegations in the petition, have

781

failed to appear for the arraignment hearing after proper notice,

782

or have not been located despite a diligent search having been

783

conducted.

784

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

785

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

786

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

787

representative of the guardian ad litem program, if the program

788

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

789

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

790

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

791

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

792

hearing within 30 days after the disposition hearing to review

793

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

794

the requirement for a predisposition study by separate order or

795

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

796

family and child information required by subsection (2) is

797

available in other documents filed with the court.

798

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

799

placement, the disposition order must include a written

800

determination that the child cannot safely remain at home with

801

reunification or family preservation services and that removal of

802

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

803

been removed before the disposition hearing, the order must also

804

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

805

department has made a reasonable effort to reunify the parent and

806

child, if reasonable efforts are required. Reasonable efforts to

807

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

808

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

809

occurred. The department has the burden of demonstrating that it

810

has made reasonable efforts under this paragraph.

811

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

812

effort" means the exercise of reasonable diligence and care by

813

the department to provide the services ordered by the court or

814

delineated in the case plan.

815

     2.  In support of its determination as to whether reasonable

816

efforts have been made, the court shall:

817

     a. Enter written findings as to whether or not prevention

818

or reunification efforts were indicated.

819

     b.  If prevention or reunification efforts were indicated,

820

include a brief written description of what appropriate and

821

available prevention and reunification efforts were made.

822

     c.  Indicate in writing why further efforts could or could

823

not have prevented or shortened the separation of the parent and

824

child.

825

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

826

reasonable effort to prevent or eliminate the need for removal

827

if:

828

     a.  The first contact of the department with the family

829

occurs during an emergency;

830

     b.  The appraisal by the department of the home situation

831

indicates that it presents a substantial and immediate danger to

832

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

833

cannot be mitigated by the provision of preventive services;

834

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

835

there are no preventive services that can ensure the health and

836

safety of the child or, even with appropriate and available

837

services being provided, the health and safety of the child

838

cannot be ensured; or

839

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

840

listed as grounds for expedited termination of parental rights

841

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

842

     4.  A reasonable effort by the department for reunification

843

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

844

home situation by the department indicates that the severity of

845

the conditions of dependency is such that reunification efforts

846

are inappropriate. The department has the burden of demonstrating

847

to the court that reunification efforts were inappropriate.

848

     5.  If the court finds that the prevention or reunification

849

effort of the department would not have permitted the child to

850

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

851

temporary legal custody of the department or take any other

852

action authorized by this chapter.

853

     Section 14.  Subsection (6) of section 39.621, Florida

854

Statutes, is amended to read:

855

     39.621  Permanency determination by the court.--

856

     (6)  If a child will not be reunited with a parent,

857

adoption, under chapter 63, is the primary permanency option. If

858

the child is a sibling of a previously adopted child and the

859

child becomes available for adoption, the adoptive parent of the

860

previously placed sibling shall be offered the opportunity to

861

apply to adopt the child and the adoptive parent's application

862

shall be given the same consideration as a relative's application

863

for adoption. If the child is placed with a relative or with a

864

relative of the child's half-brother or half-sister as a

865

permanency option, the court may recognize the permanency of this

866

placement without requiring the relative to adopt the child. If

867

the court approves a permanency goal of permanent guardianship of

868

a dependent child, placement with a fit and willing relative, or

869

another planned permanent living arrangement, the court shall

870

make findings as to why this permanent placement is established

871

without adoption of the child to follow. If the court approves a

872

permanency goal of another planned permanent living arrangement,

873

the court shall document the compelling reasons for choosing this

874

goal.

875

     Section 15.  Subsection (5) of section 39.701, Florida

876

Statutes, is amended to read:

877

     39.701  Judicial review.--

878

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

879

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

880

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

881

following persons regardless of whether the person was present at

882

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

883

hearing was announced:

884

     (a)  The social service agency charged with the supervision

885

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

886

not the movant.

887

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

888

child resides.

889

     (c)  The parents.

890

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

891

representative of the guardian ad litem program if the program

892

has been appointed.

893

     (e) The attorney for the child.

894

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

895

     (g)(e) Any preadoptive parent.

896

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

897

discretion direct.

898

899

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

900

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

901

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

902

was announced.

903

     Section 16.  Subsection (1) of section 39.8055, Florida

904

Statutes, is amended to read:

905

     39.8055  Requirement to file a petition to terminate

906

parental rights; exceptions.--

907

     (1)  The department shall file a petition to terminate

908

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

909

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

910

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

911

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

912

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

913

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

914

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

915

including any trial home visits or time during which the child

916

was a runaway;

917

     (c) A parent has been convicted of the murder of the other

918

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

919

murder, or conspiracy or solicitation to murder the other parent

920

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

921

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

922

child of the parent; or

923

     (d)  A court determines that reasonable efforts to reunify

924

the child and parent are not required.

925

     Section 17.  Paragraphs (e) though (h) of subsection (1) of

926

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

927

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

928

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

929

     39.806  Grounds for termination of parental rights.--

930

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

931

established under any of the following circumstances:

932

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

933

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

934

have materially breached the case plan. For purposes of this

935

subsection, the term "materially breached" means:

936

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

937

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

938

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

939

months 12 months after an adjudication of the child as a

940

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

941

whichever occurs came first, constitutes evidence of continuing

942

abuse, neglect, or abandonment unless the failure to

943

substantially comply with the case plan was due either to the

944

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

945

failure of the department to make reasonable efforts to reunify

946

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

947

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

948

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

949

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

950

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

951

reunification with the parent, whichever occurs came first; or

952

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

953

has materially breached the case plan by making it unlikely that

954

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

955

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

956

essence for permanency of children in the dependency system. In

957

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

958

the court must find by clear and convincing evidence that the

959

parent is unlikely or unable to substantially comply with the

960

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

961

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

962

frequent and regular contact with the child through frequent and

963

regular visitation or communication.

964

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

965

or had the opportunity and capability to prevent and knowingly

966

failed to prevent egregious conduct that threatens the life,

967

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

968

the child's sibling.

969

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

970

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

971

parents regardless of whether the child is related legally or by

972

consanguinity.

973

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

974

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

975

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

976

a normal standard of conduct. Egregious conduct may include an

977

act or omission that occurred only once but was of such

978

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

979

child.

980

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

981

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

982

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

983

abuse.

984

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

985

murder, manslaughter, aiding or abetting the murder, or

986

conspiracy or solicitation to murder the other parent or another

987

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

988

to the child or to another child committed murder or voluntary

989

manslaughter of another child, or a felony assault that results

990

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

991

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

992

murder or voluntary manslaughter or felony assault.

993

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

994

the child have been terminated involuntarily.

995

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

996

abusive, and chronic use of alcohol or a controlled substance

997

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

998

refused or failed to complete available treatment for such use

999

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

1000

petition for termination of parental rights.

1001

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

1002

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

1003

or a controlled substance or metabolites of such substances, the

1004

presence of which was not the result of medical treatment

1005

administered to the mother or the newborn infant, and the

1006

biological mother of the child is the biological mother of at

1007

least one other child who was adjudicated dependent after a

1008

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

1009

to a controlled substance or alcohol as defined in s.

1010

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

1011

opportunity to participate in substance abuse treatment.

1012

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

1013

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

1014

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

1015

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

1016

parents.

1017

     (2)  Reasonable efforts to preserve and reunify families are

1018

not required if a court of competent jurisdiction has determined

1019

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

1020

(i) have occurred.

1021

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

1022

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

1023

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

1024

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

1025

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

1026

of parental rights to allow continuation of services until the

1027

termination is granted or until further orders of the court are

1028

issued.

1029

     (4) If When an expedited termination of parental rights

1030

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

1031

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

1032

and to complete whatever steps are necessary to finalize the

1033

permanent placement of the child.

1034

     Section 18.  Section 39.810, Florida Statutes, is amended to

1035

read:

1036

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

1037

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

1038

consider the manifest best interests of the child. This

1039

consideration shall not include a comparison between the

1040

attributes of the parents and those of any persons providing a

1041

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

1042

determining the manifest best interests of the child, the court

1043

shall consider and evaluate all relevant factors, including, but

1044

not limited to:

1045

     (1)  Any suitable permanent custody arrangement with a

1046

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

1047

placement with a relative may not receive greater consideration

1048

than any other factor weighing on the manifest best interest of

1049

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

1050

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

1051

or preadoptive placement for not less than 6 months, the

1052

availability of a different placement, including a placement with

1053

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

1054

termination of parental rights.

1055

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

1056

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

1057

remedial care recognized and permitted under state law instead of

1058

medical care, and other material needs of the child.

1059

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

1060

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

1061

physical, mental, and emotional health will not be endangered

1062

upon the child's return home.

1063

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

1064

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

1065

future needs can be ascertained based on the present condition of

1066

the child.

1067

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

1068

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

1069

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

1070

would arise from the termination of parental rights and duties.

1071

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

1072

foster care upon termination of parental rights, due to emotional

1073

or behavioral problems or any special needs of the child.

1074

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

1075

with a parental substitute and the likelihood that the child will

1076

enter into a more stable and permanent family relationship as a

1077

result of permanent termination of parental rights and duties.

1078

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

1079

stable, satisfactory environment and the desirability of

1080

maintaining continuity.

1081

     (9)  The depth of the relationship existing between the

1082

child and the present custodian.

1083

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

1084

the court deems the child to be of sufficient intelligence,

1085

understanding, and experience to express a preference.

1086

     (11)  The recommendations for the child provided by the

1087

child's guardian ad litem or legal representative.

1088

1089

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

1090

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

1091

that termination of parental rights is the least restrictive

1092

means of protecting the child.

1093

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

1094

Statutes, is amended to read:

1095

     322.142  Color photographic or digital imaged licenses.--

1096

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

1097

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

1098

and signature of the licensees, together with other data required

1099

by the department for identification and retrieval. Reproductions

1100

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

1101

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

1102

administrative purposes; for the issuance of duplicate licenses;

1103

in response to law enforcement agency requests; to the Department

1104

of State pursuant to an interagency agreement to facilitate

1105

determinations of eligibility of voter registration applicants

1106

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

1107

to the Department of Revenue pursuant to an interagency agreement

1108

for use in establishing paternity and establishing, modifying, or

1109

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

1110

Department of Children and Family Services pursuant to an

1111

interagency agreement to conduct protective investigations under

1112

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

1113

Services pursuant to an interagency agreement to facilitate the

1114

location of owners of unclaimed property, the validation of

1115

unclaimed property claims, and the identification of fraudulent

1116

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

1117

119.07(1).

1118

     Section 20.  Section 402.401, Florida Statutes, is amended

1119

to read:

1120

     402.401  Florida Child Welfare Student Loan Forgiveness

1121

Program.--

1122

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

1123

Forgiveness Program to be administered by the Department of

1124

Children and Family Services Education. The program shall provide

1125

loan reimbursement assistance to eligible employees in child

1126

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

1127

as determined by the department, and that are within the

1128

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

1129

agencies students for upper-division undergraduate and graduate

1130

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

1131

and promising students to the child welfare profession, increase

1132

employment and retention of individuals who are working towards

1133

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

1134

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

1135

qualifies the individual for employment as a family services

1136

worker, and provide opportunities for persons making midcareer

1137

decisions to enter the child welfare profession. The State Board

1138

of Education shall adopt rules necessary to administer the

1139

program.

1140

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

1141

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

1142

candidate shall:

1143

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

1144

undergraduate or graduate level in a social work program approved

1145

by the Council on Social Work Education leading to either a

1146

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

1147

accredited human services degree program.

1148

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

1149

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

1150

at the Department of Children and Family Services or its

1151

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

1152

defined in s. 409.1671.

1153

     3. If applying for an undergraduate forgivable loan, have

1154

maintained a minimum cumulative grade point average of at least a

1155

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

1156

for undergraduate loans shall have maintained a minimum

1157

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

1158

for all undergraduate work and have earned at least 12 semester

1159

credits per term, or the equivalent.

1160

     4. If applying for a graduate forgivable loan, have

1161

maintained an undergraduate cumulative grade point average of at

1162

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

1163

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

1164

graduate loans shall have maintained a minimum cumulative grade

1165

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

1166

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

1167

equivalent.

1168

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

1169

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

1170

     (c) A graduate forgivable loan may be awarded for 2

1171

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

1172

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

1173

the graduate level shall:

1174

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

1175

social work at any college or university accredited by the

1176

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

1177

services field from an accredited college or university.

1178

     2. Not have received an undergraduate forgivable loan as

1179

provided for in paragraph (b).

1180

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

1181

repayment schedules and applicable interest rates under ss.

1182

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

1183

years after completion of a program of studies.

1184

     1. Credit for repayment of an undergraduate or graduate

1185

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

1186

loan principal plus applicable accrued interest for each full

1187

year of eligible service in the child welfare profession.

1188

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

1189

Department of Children and Family Services or its successor, or

1190

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

1191

409.1671, is responsible for repaying the loan plus accrued

1192

interest at 8 percent annually.

1193

     3. Forgivable loan recipients may receive loan repayment

1194

credit for child welfare service rendered at any time during the

1195

scheduled repayment period. However, such repayment credit shall

1196

be applicable only to the current principal and accrued interest

1197

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

1198

No loan recipient shall be reimbursed for previous cash payments

1199

of principal and interest.

1200

     (3) This section shall be implemented only as specifically

1201

funded.

1202

     Section 21.  Paragraphs (h) and (j) of subsection (1) of

1203

section 409.1671, Florida Statutes, are amended to read:

1204

     409.1671  Foster care and related services; outsourcing.--

1205

     (1)

1206

     (h)  Other than an entity to which s. 768.28 applies, any

1207

eligible lead community-based provider, as defined in paragraph

1208

(e), or its employees or officers, except as otherwise provided

1209

in paragraph (i), must, as a part of its contract, obtain a

1210

minimum of $1 million per claim/$3 million per incident in

1211

general liability insurance coverage. The eligible lead

1212

community-based provider must also require that staff who

1213

transport client children and families in their personal

1214

automobiles in order to carry out their job responsibilities

1215

obtain minimum bodily injury liability insurance in the amount of

1216

$100,000 per claim, $300,000 per incident, on their personal

1217

automobiles. In lieu of personal motor vehicle insurance, the

1218

lead community-based provider's casualty, liability, or motor

1219

vehicle insurance carrier may provide nonowned automobile

1220

liability coverage. This insurance provides liability insurance

1221

for automobiles that the provider uses in connection with the

1222

provider's business but does not own, lease, rent, or borrow.

1223

This coverage includes automobiles owned by the employees of the

1224

provider or a member of the employee's household but only while

1225

the automobiles are used in connection with the provider's

1226

business. The nonowned automobile coverage for the provider

1227

applies as excess coverage over any other collectible insurance.

1228

The personal automobile policy for the employee of the provider

1229

shall be primary insurance and the nonowned automobile coverage

1230

of the provider acts as excess insurance to the primary

1231

insurance. The provider shall provide a minimum limit of $1

1232

million in nonowned automobile coverage. In any tort action

1233

brought against such an eligible lead community-based provider or

1234

employee, net economic damages shall be limited to $1 million per

1235

liability claim and $100,000 per automobile claim, including, but

1236

not limited to, past and future medical expenses, wage loss, and

1237

loss of earning capacity, offset by any collateral source payment

1238

paid or payable. In any tort action brought against such an

1239

eligible lead community-based provider, noneconomic damages shall

1240

be limited to $200,000 per claim. A claims bill may be brought on

1241

behalf of a claimant pursuant to s. 768.28 for any amount

1242

exceeding the limits specified in this paragraph. Any offset of

1243

collateral source payments made as of the date of the settlement

1244

or judgment shall be in accordance with s. 768.76. The lead

1245

community-based provider shall not be liable in tort for the acts

1246

or omissions of its subcontractors or the officers, agents, or

1247

employees of its subcontractors.

1248

     (j)  Any subcontractor of an eligible lead community-based

1249

provider, as defined in paragraph (e), which is a direct provider

1250

of foster care and related services to children and families, and

1251

its employees or officers, except as otherwise provided in

1252

paragraph (i), must, as a part of its contract, obtain a minimum

1253

of $1 million per claim/$3 million per incident in general

1254

liability insurance coverage. The subcontractor of an eligible

1255

lead community-based provider must also require that staff who

1256

transport client children and families in their personal

1257

automobiles in order to carry out their job responsibilities

1258

obtain minimum bodily injury liability insurance in the amount of

1259

$100,000 per claim, $300,000 per incident, on their personal

1260

automobiles. In lieu of personal motor vehicle insurance, the

1261

subcontractor's casualty, liability, or motor vehicle insurance

1262

carrier may provide nonowned automobile liability coverage. This

1263

insurance provides liability insurance for automobiles that the

1264

subcontractor uses in connection with the subcontractor's

1265

business but does not own, lease, rent, or borrow. This coverage

1266

includes automobiles owned by the employees of the subcontractor

1267

or a member of the employee's household but only while the

1268

automobiles are used in connection with the subcontractor's

1269

business. The nonowned automobile coverage for the subcontractor

1270

applies as excess coverage over any other collectible insurance.

1271

The personal automobile policy for the employee of the

1272

subcontractor shall be primary insurance and the nonowned

1273

automobile coverage of the subcontractor acts as excess insurance

1274

to the primary insurance. The subcontractor shall provide a

1275

minimum limit of $1 million in nonowned automobile coverage. In

1276

any tort action brought against such subcontractor or employee,

1277

net economic damages shall be limited to $1 million per liability

1278

claim and $100,000 per automobile claim, including, but not

1279

limited to, past and future medical expenses, wage loss, and loss

1280

of earning capacity, offset by any collateral source payment paid

1281

or payable. In any tort action brought against such

1282

subcontractor, noneconomic damages shall be limited to $200,000

1283

per claim. A claims bill may be brought on behalf of a claimant

1284

pursuant to s. 768.28 for any amount exceeding the limits

1285

specified in this paragraph. Any offset of collateral source

1286

payments made as of the date of the settlement or judgment shall

1287

be in accordance with s. 768.76.

1288

     Section 22.  Paragraph (a) of subsection (4) of section

1289

409.175, Florida Statutes, is amended to read:

1290

     409.175  Licensure of family foster homes, residential

1291

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

1292

exemption.--

1293

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

1294

caring agency may shall not provide receive a child for

1295

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

1296

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

1297

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

1298

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

1299

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

1300

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

1301

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

1302

adoption pursuant to chapter 63.

1303

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

1304

Statutes, is amended to read:

1305

     787.04  Removing minors from state or concealing minors

1306

contrary to state agency order or court order.--

1307

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

1308

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

1309

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

1310

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

1311

dependency proceeding affecting such minor or during the pendency

1312

of any investigation, action, or proceeding concerning the

1313

alleged abuse or neglect of such minor, after having received

1314

actual or constructive notice of the pendency of such

1315

investigation, action, or proceeding and without the permission

1316

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

1317

or proceeding is pending.

1318

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

1319

Statutes, is amended to read:

1320

     937.021  Missing child reports.--

1321

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

1322

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

1323

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

1324

office providing investigative services for the department, the

1325

law enforcement agency receiving the report shall immediately

1326

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

1327

the missing child report, communicate the report to every other

1328

law enforcement agency having jurisdiction in the county, and

1329

transmit the report for inclusion within the Florida Crime

1330

Information Center computer. A law enforcement agency may not

1331

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

1332

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

1333

child is missing.

1334

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

1335

985.04, Florida Statutes, is amended to read:

1336

     985.04  Oaths; records; confidential information.--

1337

     (4)

1338

     (c)  The department shall disclose to the school

1339

superintendent the presence of any child in the care and custody

1340

or under the jurisdiction or supervision of the department who

1341

has a known history of criminal sexual behavior with other

1342

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

1343

has exhibited inappropriate sexual behavior, as defined in s.

1344

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

1345

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

1346

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

1347

adjudication. An Any employee of a district school board who

1348

knowingly and willfully discloses such information to an

1349

unauthorized person commits a misdemeanor of the second degree,

1350

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

1351

     Section 26.  Effective upon this act becoming a law and

1352

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

1353

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

1354

read:

1355

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

1356

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

1357

39.0015, Florida Statutes, is amended to read:

1358

     39.0015  Child abuse prevention training in the district

1359

school system.--

1360

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

1361

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

1362

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

1363

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

1364

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

1365

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

1366

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

1367

Statutes, is amended to read:

1368

     39.205  Penalties relating to reporting of child abuse,

1369

abandonment, or neglect.--

1370

     (5)  If the department or its authorized agent has

1371

determined after its investigation that a report is false, the

1372

department shall, with the consent of the alleged perpetrator,

1373

refer the report to the local law enforcement agency having

1374

jurisdiction for an investigation to determine whether sufficient

1375

evidence exists to refer the case for prosecution for filing a

1376

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

1377

pendency of the investigation by the local law enforcement

1378

agency, the department must notify the local law enforcement

1379

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

1380

all subsequent reports concerning children in that same family in

1381

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

1382

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

1383

must immediately notify the department, which must ensure assure

1384

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

1385

sufficient evidence for prosecution for filing a false report, it

1386

must refer the case to the appropriate state attorney for

1387

prosecution.

1388

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

1389

Statutes, is amended to read:

1390

     39.302  Protective investigations of institutional child

1391

abuse, abandonment, or neglect.--

1392

     (1)  The department shall conduct a child protective

1393

investigation of each report of institutional child abuse,

1394

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

1395

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

1396

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

1397

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

1398

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

1399

child protective investigation within the timeframe established

1400

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

1401

the appropriate state attorney, law enforcement agency, and

1402

licensing agency, which. These agencies shall immediately conduct

1403

a joint investigation, unless independent investigations are more

1404

feasible. When conducting investigations onsite or having face-

1405

to-face interviews with the child, such investigation visits

1406

shall be unannounced unless it is determined by the department or

1407

its agent that the unannounced visits would threaten the safety

1408

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

1409

department shall inform the owner or operator of the facility of

1410

the report. Each agency conducting a joint investigation is

1411

entitled to full access to the information gathered by the

1412

department in the course of the investigation. A protective

1413

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

1414

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

1415

written report to the state attorney within 3 working days after

1416

making the oral report. A criminal investigation shall be

1417

coordinated, whenever possible, with the child protective

1418

investigation of the department. Any interested person who has

1419

information regarding the offenses described in this subsection

1420

may forward a statement to the state attorney as to whether

1421

prosecution is warranted and appropriate. Within 15 days after

1422

the completion of the investigation, the state attorney shall

1423

report the findings to the department and shall include in the

1424

report a determination of whether or not prosecution is justified

1425

and appropriate in view of the circumstances of the specific

1426

case.

1427

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

1428

section 39.6011, Florida Statutes, are amended to read:

1429

     39.6011  Case plan development.--

1430

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

1431

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

1432

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

1433

language. Each case plan must contain:

1434

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

1435

     (c)  If concurrent planning is being used, a description of

1436

the permanency goal of reunification with the parent or legal

1437

custodian in addition to a description of one of the remaining

1438

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

1439

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

1440

39.811, Florida Statutes, is amended to read:

1441

     39.811  Powers of disposition; order of disposition.--

1442

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

1443

without severing the parental rights of the other parent only

1444

under the following circumstances:

1445

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

1446

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

1447

(i).

1448

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

1449

39.828, Florida Statutes, is amended to read:

1450

     39.828  Grounds for appointment of a guardian advocate.--

1451

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

1452

petition as a guardian advocate with all the powers and duties

1453

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

1454

finding that:

1455

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

1456

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

1457

39.01(31)(g);

1458

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

1459

419.001, Florida Statutes, is amended to read:

1460

     419.001  Site selection of community residential homes.--

1461

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

1462

definitions shall apply:

1463

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

1464

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

1465

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

1466

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

1467

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

1468

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

1469

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

1470

(12), or s. 985.03.

1471

     Section 34.  Except as otherwise expressly provided in this

1472

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

1473

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