CS/HB 1271

1
A bill to be entitled
2An act relating to care of children; creating the "Zahid
3Jones Give Relatives a Voice Act"; amending s. 39.201,
4F.S.; providing for the Department of Children and Family
5Services to analyze certain unaccepted reports to the
6central abuse hotline; amending s. 39.202, F.S.; expanding
7access to certain confidential reports of child abuse or
8neglect to include physicians, psychologists, and mental
9health professionals; amending s. 39.301, F.S.; providing
10conditions for a relative to be a collateral contact in
11certain child protective investigations; providing for a
12relative to request notice of proceedings and hearings
13relating to protective investigations under certain
14circumstances; specifying content of the request; amending
15s. 39.304, F.S.; providing for preservation in department
16records of certain photographs and X rays and reports on
17medical examinations and treatments of an abused child;
18amending s. 39.402, F.S.; requiring notification of
19certain relatives in an order for placement of a child in
20shelter care of their right to attend hearings and submit
21reports to the court; amending s. 39.502, F.S.; providing
22for certain relatives to receive notice of dependency
23hearings under certain circumstances; providing an
24exception; amending s. 39.506, F.S.; providing for certain
25relatives to receive notice of arraignment hearings under
26certain circumstances; amending s. 39.5085, F.S.; revising
27legislative intent with regard to the Relative Caregiver
28Program; authorizing the department to develop liaison
29functions for certain relatives; amending s. 39.6011,
30F.S.; requiring a case plan for a child receiving services
31from the department to include a protocol for notification
32of certain relatives of proceedings and hearings; amending
33s. 39.6013, F.S.; conforming a cross-reference; amending
34s. 39.701, F.S.; requiring an attorney for the department
35to provide notice to certain relatives of the child
36regarding upcoming judicial hearings; conforming cross-
37references; amending s. 683.10, F.S.; designating the
38first Sunday after Labor Day as "Grandparents' and Family
39Caregivers' Day"; authorizing the Governor to issue
40proclamations commemorating the occasion; providing an
41effective date.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  This act may be cited as the "Zahid Jones Give
46Relatives a Voice Act."
47     Section 2.  Subsection (7) of section 39.201, Florida
48Statutes, is amended to read:
49     39.201  Mandatory reports of child abuse, abandonment, or
50neglect; mandatory reports of death; central abuse hotline.--
51     (7)  On an ongoing basis, the department's quality
52assurance program shall review calls to the hotline involving
53three or more unaccepted reports on a single child, where
54jurisdiction applies, in order to detect such things as
55harassment and situations that warrant an investigation because
56of the frequency or variety of the source of the reports. A
57component of the quality assurance program shall analyze
58unaccepted reports to the hotline by identified relatives as a
59part of the review of screened out calls. The Program Director
60for Family Safety may refer a case for investigation when it is
61determined, as a result of this review, that an investigation
62may be warranted.
63     Section 3.  Paragraph (r) is added to subsection (2) of
64section 39.202, Florida Statutes, to read:
65     39.202  Confidentiality of reports and records in cases of
66child abuse or neglect.--
67     (2)  Except as provided in subsection (4), access to such
68records, excluding the name of the reporter which shall be
69released only as provided in subsection (5), shall be granted
70only to the following persons, officials, and agencies:
71     (r)  A physician licensed under chapter 458 or chapter 459,
72a psychologist licensed under chapter 490, or a mental health
73professional licensed under chapter 491 engaged in the care or
74treatment of the child.
75     Section 4.  Paragraph (b) of subsection (14) of section
7639.301, Florida Statutes, is amended to read:
77     39.301  Initiation of protective investigations.--
78     (14)
79     (b)  The parents or legal custodians shall be informed of
80the right to refuse services, as well as the responsibility of
81the department to protect the child regardless of the acceptance
82or refusal of services. If the services are refused, a
83collateral contact required under subparagraph (10)(b)2. shall
84include a relative, if the protective investigator has knowledge
85of and the ability to contact a relative. If the services are
86refused and the department deems that the child's need for
87protection so requires, the department shall take the child into
88protective custody or petition the court as provided in this
89chapter. A relative may submit in writing to the protective
90investigator or case manager a request to receive notification
91of all proceedings and hearings in accordance with s. 39.502.
92The request shall include the relative's name, address, and
93phone number and the relative's relationship to the child. The
94protective investigator or case manager shall forward such
95request to the attorney for the department.
96     Section 5.  Subsection (4) of section 39.304, Florida
97Statutes, is amended to read:
98     39.304  Photographs, medical examinations, X rays, and
99medical treatment of abused, abandoned, or neglected child.--
100     (4)  Any photograph or report on examinations made or X
101rays taken pursuant to this section, or copies thereof, shall be
102sent to the department as soon as possible and shall be
103preserved in permanent form in records held by the department.
104     Section 6.  Paragraph (h) of subsection (8) of section
10539.402, Florida Statutes, is amended to read:
106     39.402  Placement in a shelter.--
107     (8)
108     (h)  The order for placement of a child in shelter care
109must identify the parties present at the hearing and must
110contain written findings:
111     1.  That placement in shelter care is necessary based on
112the criteria in subsections (1) and (2).
113     2.  That placement in shelter care is in the best interest
114of the child.
115     3.  That continuation of the child in the home is contrary
116to the welfare of the child because the home situation presents
117a substantial and immediate danger to the child's physical,
118mental, or emotional health or safety which cannot be mitigated
119by the provision of preventive services.
120     4.  That based upon the allegations of the petition for
121placement in shelter care, there is probable cause to believe
122that the child is dependent or that the court needs additional
123time, which may not exceed 72 hours, in which to obtain and
124review documents pertaining to the family in order to
125appropriately determine the risk to the child.
126     5.  That the department has made reasonable efforts to
127prevent or eliminate the need for removal of the child from the
128home. A finding of reasonable effort by the department to
129prevent or eliminate the need for removal may be made and the
130department is deemed to have made reasonable efforts to prevent
131or eliminate the need for removal if:
132     a.  The first contact of the department with the family
133occurs during an emergency;
134     b.  The appraisal of the home situation by the department
135indicates that the home situation presents a substantial and
136immediate danger to the child's physical, mental, or emotional
137health or safety which cannot be mitigated by the provision of
138preventive services;
139     c.  The child cannot safely remain at home, either because
140there are no preventive services that can ensure the health and
141safety of the child or because, even with appropriate and
142available services being provided, the health and safety of the
143child cannot be ensured; or
144     d.  The parent or legal custodian is alleged to have
145committed any of the acts listed as grounds for expedited
146termination of parental rights in s. 39.806(1)(f)-(i).
147     6.  That the court notified the parents or legal custodians
148of the time, date, and location of the next dependency hearing
149and of the importance of the active participation of the parents
150or legal custodians in all proceedings and hearings.
151     7.  That the court notified the parents or legal custodians
152of their right to counsel to represent them at the shelter
153hearing and at each subsequent hearing or proceeding, and the
154right of the parents to appointed counsel, pursuant to the
155procedures set forth in s. 39.013.
156     8.  That the court notified relatives who are providing
157out-of-home care for a child as a result of the shelter petition
158being granted that they have the right to attend all subsequent
159hearings and to submit reports to the court regarding the child
160who is in their care.
161     Section 7.  Subsection (1) of section 39.502, Florida
162Statutes, is amended, and subsection (19) is added to that
163section, to read:
164     39.502  Notice, process, and service.--
165     (1)  Unless parental rights have been terminated, all
166parents must be notified of all proceedings or hearings
167involving the child. Notice in cases involving shelter hearings
168and hearings resulting from medical emergencies must be that
169most likely to result in actual notice to the parents. In all
170other dependency proceedings, notice must be provided in
171accordance with subsections (4)-(9), except when a relative
172requests notification pursuant to s. 39.301(14)(b), in which
173case notice shall be provided pursuant to subsection (19).
174     (19)  In all proceedings under this part, the attorney for
175the department shall notify, orally or in writing, a relative
176requesting notification pursuant to s. 39.301(14)(b) of the
177date, time, and location of such proceedings. The court has the
178discretion to release the attorney for the department from
179notifying a relative who requested notification pursuant to s.
18039.301(14)(b) if the relative's involvement is determined to be
181impeding the dependency process or detrimental to the child's
182well-being.
183     Section 8.  Subsection (9) of section 39.506, Florida
184Statutes, is amended to read:
185     39.506  Arraignment hearings.--
186     (9)  At the conclusion of the arraignment hearing, all
187parties and the relatives who are providing out-of-home care for
188the child shall be notified in writing by the court of the date,
189time, and location for the next scheduled hearing.
190     Section 9.  Paragraphs (a) through (d) of subsection (1) of
191section 39.5085, Florida Statutes, are redesignated as
192paragraphs (b) through (e), respectively, a new paragraph (a) is
193added to subsection (1), and paragraph (g) of subsection (2) of
194that section is amended, to read:
195     39.5085  Relative Caregiver Program.--
196     (1)  It is the intent of the Legislature in enacting this
197section to:
198     (a)  Provide for the establishment of procedures and
199protocols that serve to advance the continued safety of children
200by acknowledging the valued resource uniquely available through
201grandparents and relatives of children.
202     (2)
203     (g)  The department may use appropriate available state,
204federal, and private funds to operate the Relative Caregiver
205Program. The department may develop liaison functions to be
206available to relatives who care for children pursuant to this
207chapter to ensure placement stability in extended family
208settings.
209     Section 10.  Paragraphs (b) and (c) of subsection (4) of
210section 39.6011, Florida Statutes, are redesignated as
211paragraphs (c) and (d), respectively, and a new paragraph (b) is
212added to that subsection to read:
213     39.6011  Case plan development.--
214     (4)  The case plan must describe:
215     (b)  The responsibility of the case manager to forward a
216relative's request to receive notification of all proceedings
217and hearings submitted pursuant to s. 39.301(14)(b) to the
218attorney for the department.
219     Section 11.  Subsection (6) of section 39.6013, Florida
220Statutes, is amended to read:
221     39.6013  Case plan amendments.--
222     (6)  The case plan is deemed amended as to the child's
223health, mental health, and education records required by s.
22439.6012 when the child's updated health and education records
225are filed by the department under s. 39.701(8)(7)(a).
226     Section 12.  Subsections (6) through (9) of section 39.701,
227Florida Statutes, are renumbered as subsections (7) through
228(10), respectively, a new subsection (6) is added to that
229section, and paragraph (c) of subsection (2), paragraph (b) of
230present subsection (6), and paragraph (a) of present subsection
231(9) are amended, to read:
232     39.701  Judicial review.--
233     (2)
234     (c)  Notice of a hearing by a citizen review panel must be
235provided as set forth in subsection (5). At the conclusion of a
236citizen review panel hearing, each party may propose a
237recommended order to the chairperson of the panel. Thereafter,
238the citizen review panel shall submit its report, copies of the
239proposed recommended orders, and a copy of the panel's
240recommended order to the court. The citizen review panel's
241recommended order must be limited to the dispositional options
242available to the court in subsection (10) (9). Each party may
243file exceptions to the report and recommended order of the
244citizen review panel in accordance with Rule 1.490, Florida
245Rules of Civil Procedure.
246     (6)  The attorney for the department shall notify a
247relative who submits a request for notification of all
248proceedings and hearings pursuant to s. 39.301(14)(b). The
249notice shall include the date, time, and location of the next
250judicial review hearing.
251     (7)(6)
252     (b)  At the first judicial review hearing held subsequent
253to the child's 17th birthday, in addition to the requirements of
254subsection (8) (7), the department shall provide the court with
255an updated case plan that includes specific information related
256to independent living services that have been provided since the
257child's 13th birthday, or since the date the child came into
258foster care, whichever came later.
259     (10)(9)(a)  Based upon the criteria set forth in subsection
260(9) (8) and the recommended order of the citizen review panel,
261if any, the court shall determine whether or not the social
262service agency shall initiate proceedings to have a child
263declared a dependent child, return the child to the parent,
264continue the child in out-of-home care for a specified period of
265time, or initiate termination of parental rights proceedings for
266subsequent placement in an adoptive home. Amendments to the case
267plan must be prepared as prescribed in s. 39.6013. If the court
268finds that the prevention or reunification efforts of the
269department will allow the child to remain safely at home or be
270safely returned to the home, the court shall allow the child to
271remain in or return to the home after making a specific finding
272of fact that the reasons for the creation of the case plan have
273been remedied to the extent that the child's safety, well-being,
274and physical, mental, and emotional health will not be
275endangered.
276     Section 13.  Section 683.10, Florida Statutes, is amended
277to read:
278     683.10  Grandparents' and Family Caregivers' Grandmother's
279Day.--
280     (1)  The first Sunday after Labor Day second Sunday of
281October of each year is designated "Grandparents' and Family
282Caregivers' Grandmother's Day."
283     (2)  The Governor may issue annually a proclamation
284designating the first Sunday after Labor Day second Sunday of
285October as Grandparents' and Family Caregivers' Grandmother's
286Day and calling upon public schools and citizens of the state to
287observe the occasion.
288     Section 14.  This act shall take effect July 1, 2008.


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