CS/CS/HB 1271

1	A bill to be entitled
2	An act relating to care of children; creating the "Zahid
3	Jones, Jr., Give Grandparents and Other Relatives a Voice
4	Act"; amending s. 39.201, F.S.; providing for the
5	Department of Children and Family Services to analyze
6	certain unaccepted reports to the central abuse hotline;
7	requiring information to be provided to a reporter;
8	authorizing the submission of a written report; amending
9	s. 39.202, F.S.; expanding access to certain confidential
10	reports of child abuse or neglect to include physicians,
11	psychologists, and mental health professionals; amending
12	s. 39.301, F.S.; requiring information to be provided to a
13	reporter; authorizing the submission of a written report;
14	providing conditions for a relative to be a collateral
15	contact in certain child protective investigations;
16	providing for a relative to request notice of proceedings
17	and hearings relating to protective investigations under
18	certain circumstances; specifying content of the request;
19	conforming cross-references; amending s. 39.304, F.S.;
20	providing for preservation in department records of
21	certain photographs and X rays and reports on medical
22	examinations and treatments of an abused child; amending
23	s. 39.402, F.S.; requiring notification of certain
24	relatives in an order for placement of a child in shelter
25	care of their right to attend hearings, submit reports to
26	the court, and speak to the court; amending s. 39.502,
27	F.S.; providing for certain relatives to receive notice of
28	dependency hearings under certain circumstances; providing
29	an opportunity for certain relatives to be heard in court;
30	providing an exception; amending s. 39.506, F.S.;
31	providing for certain relatives to receive notice of
32	arraignment hearings under certain circumstances; amending
33	s. 39.5085, F.S.; revising legislative intent with regard
34	to the Relative Caregiver Program; authorizing the
35	department to develop liaison functions for certain
36	relatives; amending s. 39.6011, F.S.; requiring a case
37	plan for a child receiving services from the department to
38	include a protocol for notification of certain relatives
39	of proceedings and hearings; amending s. 39.6013, F.S.;
40	conforming a cross-reference; amending s. 39.701, F.S.;
41	requiring an attorney for the department to provide notice
42	to certain relatives of the child regarding upcoming
43	judicial hearings; conforming cross-references; amending
44	s. 39.823, F.S.; conforming a cross-reference; amending s.
45	683.10, F.S.; designating the first Sunday after Labor Day
46	as "Grandparents' and Family Caregivers' Day"; authorizing
47	the Governor to issue proclamations commemorating the
48	occasion; providing an effective date.
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1.  This act may be cited as the "Zahid Jones, Jr.,
53	Give Grandparents and Other Relatives a Voice Act."
54	Section 2.  Paragraph (b) of subsection (1) and subsection
55	(7) of section 39.201, Florida Statutes, are amended to read:
56	39.201  Mandatory reports of child abuse, abandonment, or
57	neglect; mandatory reports of death; central abuse hotline.--
58	(1)
59	(b)  Reporters in the following occupation categories are
60	required to provide their names to the hotline staff:
61	1.  Physician, osteopathic physician, medical examiner,
62	chiropractic physician, nurse, or hospital personnel engaged in
63	the admission, examination, care, or treatment of persons;
64	2.  Health or mental health professional other than one
65	listed in subparagraph 1.;
66	3.  Practitioner who relies solely on spiritual means for
67	healing;
68	4.  School teacher or other school official or personnel;
69	5.  Social worker, day care center worker, or other
70	professional child care, foster care, residential, or
71	institutional worker;
72	6.  Law enforcement officer; or
73	7.  Judge.
74
75	The names of reporters shall be entered into the record of the
76	report, but shall be held confidential and exempt as provided in
77	s. 39.202. If a report received from a reporter under this
78	paragraph is accepted for investigation, the reporter must be
79	provided contact information for the investigator within 24
80	hours after an investigator has been assigned. A reporter under
81	this paragraph may provide a written summary of the report to
82	the investigator which shall become a part of the master file.
83	(7)  On an ongoing basis, the department's quality
84	assurance program shall review calls to the hotline involving
85	three or more unaccepted reports on a single child, where
86	jurisdiction applies, in order to detect such things as
87	harassment and situations that warrant an investigation because
88	of the frequency or variety of the source of the reports. A
89	component of the quality assurance program shall analyze
90	unaccepted reports to the hotline by identified relatives as a
91	part of the review of screened out calls. The Program Director
92	for Family Safety may refer a case for investigation when it is
93	determined, as a result of this review, that an investigation
94	may be warranted.
95	Section 3.  Paragraph (r) is added to subsection (2) of
96	section 39.202, Florida Statutes, to read:
97	39.202  Confidentiality of reports and records in cases of
98	child abuse or neglect.--
99	(2)  Except as provided in subsection (4), access to such
100	records, excluding the name of the reporter which shall be
101	released only as provided in subsection (5), shall be granted
102	only to the following persons, officials, and agencies:
103	(r)  A physician licensed under chapter 458 or chapter 459,
104	a psychologist licensed under chapter 490, or a mental health
105	professional licensed under chapter 491 engaged in the care or
106	treatment of the child.
107	Section 4.  Subsections (6) through (23) of section 39.301,
108	Florida Statutes, are renumbered as subsections (7) through
109	(24), respectively, paragraph (c) of present subsection (9),
110	present subsection (10), and paragraph (b) of present subsection
111	(14) are amended, and a new subsection (6) is added to that
112	section, to read:
113	39.301  Initiation of protective investigations.--
114	(6)  Upon commencing an investigation under this part, if a
115	report was received from a reporter under s. 39.201(1)(b), the
116	child protective investigator must provide his or her contact
117	information to the reporter within 24 hours after being assigned
118	to the investigation. The investigator must also advise the
119	reporter that he or she may provide a written summary of the
120	report made to the central abuse hotline to the investigator
121	which shall become a part of the master file.
122	(10)(9)
123	(c)  The determination that a report requires an
124	investigation as provided in this subsection and does not
125	require an enhanced onsite child protective investigation
126	pursuant to subsection (11) (10) must be approved in writing by
127	the supervisor with documentation specifying why additional
128	investigative activities are not necessary.
129	(11)(10)(a)  For each report that meets one or more of the
130	following criteria, the department shall perform an enhanced
131	onsite child protective investigation:
132	1.  Any allegation that involves physical abuse, sexual
133	abuse, domestic violence, substance abuse or substance exposure,
134	medical neglect, a child younger than 3 years of age, or a child
135	who is disabled or lacks communication skills.
136	2.  Any report that involves an individual who has been the
137	subject of a prior report containing some indicators or verified
138	findings of abuse, neglect, or abandonment.
139	3.  Any report that does not contain compelling evidence
140	that the maltreatment did not occur.
141	4.  Any report that does not meet the criteria for an
142	onsite child protective investigation as set forth in subsection
143	(10) (9).
144	(b)  The enhanced onsite child protective investigation
145	shall include, but is not limited to:
146	1.  A face-to-face interview with the child, other
147	siblings, parents or legal custodians or caregivers, and other
148	adults in the household;
149	2.  Collateral contacts;
150	3.  Contact with the reporter as required by rule;
151	4.  An onsite assessment of the child's residence in
152	accordance with paragraph (10)(9)(b); and
153	5.  An updated assessment.
154
155	Detailed documentation is required for the investigative
156	activities.
157	(15)(14)
158	(b)  The parents or legal custodians shall be informed of
159	the right to refuse services, as well as the responsibility of
160	the department to protect the child regardless of the acceptance
161	or refusal of services. If the services are refused, a
162	collateral contact required under subparagraph (11)(b)2. shall
163	include a relative, if the protective investigator has knowledge
164	of and the ability to contact a relative. If the services are
165	refused and the department deems that the child's need for
166	protection so requires, the department shall take the child into
167	protective custody or petition the court as provided in this
168	chapter. A relative may submit in writing to the protective
169	investigator or case manager a request to receive notification
170	of all proceedings and hearings in accordance with s. 39.502.
171	The request shall include the relative's name, address, and
172	phone number and the relative's relationship to the child. The
173	protective investigator or case manager shall forward such
174	request to the attorney for the department.
175	Section 5.  Subsection (4) of section 39.304, Florida
176	Statutes, is amended to read:
177	39.304  Photographs, medical examinations, X rays, and
178	medical treatment of abused, abandoned, or neglected child.--
179	(4)  Any photograph or report on examinations made or X
180	rays taken pursuant to this section, or copies thereof, shall be
181	sent to the department as soon as possible and shall be
182	preserved in permanent form in records held by the department.
183	Section 6.  Paragraph (h) of subsection (8) of section
184	39.402, Florida Statutes, is amended to read:
185	39.402  Placement in a shelter.--
186	(8)
187	(h)  The order for placement of a child in shelter care
188	must identify the parties present at the hearing and must
189	contain written findings:
190	1.  That placement in shelter care is necessary based on
191	the criteria in subsections (1) and (2).
192	2.  That placement in shelter care is in the best interest
193	of the child.
194	3.  That continuation of the child in the home is contrary
195	to the welfare of the child because the home situation presents
196	a substantial and immediate danger to the child's physical,
197	mental, or emotional health or safety which cannot be mitigated
198	by the provision of preventive services.
199	4.  That based upon the allegations of the petition for
200	placement in shelter care, there is probable cause to believe
201	that the child is dependent or that the court needs additional
202	time, which may not exceed 72 hours, in which to obtain and
203	review documents pertaining to the family in order to
204	appropriately determine the risk to the child.
205	5.  That the department has made reasonable efforts to
206	prevent or eliminate the need for removal of the child from the
207	home. A finding of reasonable effort by the department to
208	prevent or eliminate the need for removal may be made and the
209	department is deemed to have made reasonable efforts to prevent
210	or eliminate the need for removal if:
211	a.  The first contact of the department with the family
212	occurs during an emergency;
213	b.  The appraisal of the home situation by the department
214	indicates that the home situation presents a substantial and
215	immediate danger to the child's physical, mental, or emotional
216	health or safety which cannot be mitigated by the provision of
217	preventive services;
218	c.  The child cannot safely remain at home, either because
219	there are no preventive services that can ensure the health and
220	safety of the child or because, even with appropriate and
221	available services being provided, the health and safety of the
222	child cannot be ensured; or
223	d.  The parent or legal custodian is alleged to have
224	committed any of the acts listed as grounds for expedited
225	termination of parental rights in s. 39.806(1)(f)-(i).
226	6.  That the court notified the parents, relatives that are
227	providing out-of-home care for the child, or legal custodians of
228	the time, date, and location of the next dependency hearing and
229	of the importance of the active participation of the parents,
230	relatives that are providing out-of-home care for the child, or
231	legal custodians in all proceedings and hearings.
232	7.  That the court notified the parents or legal custodians
233	of their right to counsel to represent them at the shelter
234	hearing and at each subsequent hearing or proceeding, and the
235	right of the parents to appointed counsel, pursuant to the
236	procedures set forth in s. 39.013.
237	8.  That the court notified relatives who are providing
238	out-of-home care for a child as a result of the shelter petition
239	being granted, and any relative requesting notification pursuant
240	to s. 39.301(15)(b), that they have the right to attend all
241	subsequent hearings, to submit reports to the court, and to
242	speak to the court regarding the child, if they so desire.
243	Section 7.  Subsection (1) of section 39.502, Florida
244	Statutes, is amended, and subsection (19) is added to that
245	section, to read:
246	39.502  Notice, process, and service.--
247	(1)  Unless parental rights have been terminated, all
248	parents must be notified of all proceedings or hearings
249	involving the child. Notice in cases involving shelter hearings
250	and hearings resulting from medical emergencies must be that
251	most likely to result in actual notice to the parents. In all
252	other dependency proceedings, notice must be provided in
253	accordance with subsections (4)-(9), except when a relative
254	requests notification pursuant to s. 39.301(15)(b), in which
255	case notice shall be provided pursuant to subsection (19).
256	(19)  In all proceedings under this part, the attorney for
257	the department shall notify, orally or in writing, a relative
258	requesting notification pursuant to s. 39.301(15)(b) of the
259	date, time, and location of such proceedings, and make all
260	reasonable efforts to ensure that all relatives who have
261	requested notification pursuant to s. 39.301(15)(b) are given an
262	opportunity to be heard by the court if the relative so desires.
263	The court has the discretion to release the attorney for the
264	department from notifying a relative who requested notification
265	pursuant to s. 39.301(15)(b) if the relative's involvement is
266	determined to be impeding the dependency process or detrimental
267	to the child's well-being.
268	Section 8.  Subsection (9) of section 39.506, Florida
269	Statutes, is amended to read:
270	39.506  Arraignment hearings.--
271	(9)  At the conclusion of the arraignment hearing, all
272	parties and the relatives who are providing out-of-home care for
273	the child shall be notified in writing by the court of the date,
274	time, and location for the next scheduled hearing.
275	Section 9.  Paragraphs (a) through (d) of subsection (1) of
276	section 39.5085, Florida Statutes, are redesignated as
277	paragraphs (b) through (e), respectively, a new paragraph (a) is
278	added to subsection (1), and paragraph (g) of subsection (2) of
279	that section is amended, to read:
280	39.5085  Relative Caregiver Program.--
281	(1)  It is the intent of the Legislature in enacting this
282	section to:
283	(a)  Provide for the establishment of procedures and
284	protocols that serve to advance the continued safety of children
285	by acknowledging the valued resource uniquely available through
286	grandparents and relatives of children.
287	(2)
288	(g)  The department may use appropriate available state,
289	federal, and private funds to operate the Relative Caregiver
290	Program. The department may develop liaison functions to be
291	available to relatives who care for children pursuant to this
292	chapter to ensure placement stability in extended family
293	settings.
294	Section 10.  Paragraphs (b) and (c) of subsection (4) of
295	section 39.6011, Florida Statutes, are redesignated as
296	paragraphs (c) and (d), respectively, and a new paragraph (b) is
297	added to that subsection to read:
298	39.6011  Case plan development.--
299	(4)  The case plan must describe:
300	(b)  The responsibility of the case manager to forward a
301	relative's request to receive notification of all proceedings
302	and hearings submitted pursuant to s. 39.301(15)(b) to the
303	attorney for the department.
304	Section 11.  Subsection (6) of section 39.6013, Florida
305	Statutes, is amended to read:
306	39.6013  Case plan amendments.--
307	(6)  The case plan is deemed amended as to the child's
308	health, mental health, and education records required by s.
309	39.6012 when the child's updated health and education records
310	are filed by the department under s. 39.701(8)(7)(a).
311	Section 12.  Subsections (6) through (9) of section 39.701,
312	Florida Statutes, are renumbered as subsections (7) through
313	(10), respectively, a new subsection (6) is added to that
314	section, and paragraph (c) of subsection (2), paragraph (b) of
315	present subsection (6), and paragraph (a) of present subsection
316	(9) are amended, to read:
317	39.701  Judicial review.--
318	(2)
319	(c)  Notice of a hearing by a citizen review panel must be
320	provided as set forth in subsection (5). At the conclusion of a
321	citizen review panel hearing, each party may propose a
322	recommended order to the chairperson of the panel. Thereafter,
323	the citizen review panel shall submit its report, copies of the
324	proposed recommended orders, and a copy of the panel's
325	recommended order to the court. The citizen review panel's
326	recommended order must be limited to the dispositional options
327	available to the court in subsection (10) (9). Each party may
328	file exceptions to the report and recommended order of the
329	citizen review panel in accordance with Rule 1.490, Florida
330	Rules of Civil Procedure.
331	(6)  The attorney for the department shall notify a
332	relative who submits a request for notification of all
333	proceedings and hearings pursuant to s. 39.301(15)(b). The
334	notice shall include the date, time, and location of the next
335	judicial review hearing.
336	(7)(6)
337	(b)  At the first judicial review hearing held subsequent
338	to the child's 17th birthday, in addition to the requirements of
339	subsection (8) (7), the department shall provide the court with
340	an updated case plan that includes specific information related
341	to independent living services that have been provided since the
342	child's 13th birthday, or since the date the child came into
343	foster care, whichever came later.
344	(10)(9)(a)  Based upon the criteria set forth in subsection
345	(9) (8) and the recommended order of the citizen review panel,
346	if any, the court shall determine whether or not the social
347	service agency shall initiate proceedings to have a child
348	declared a dependent child, return the child to the parent,
349	continue the child in out-of-home care for a specified period of
350	time, or initiate termination of parental rights proceedings for
351	subsequent placement in an adoptive home. Amendments to the case
352	plan must be prepared as prescribed in s. 39.6013. If the court
353	finds that the prevention or reunification efforts of the
354	department will allow the child to remain safely at home or be
355	safely returned to the home, the court shall allow the child to
356	remain in or return to the home after making a specific finding
357	of fact that the reasons for the creation of the case plan have
358	been remedied to the extent that the child's safety, well-being,
359	and physical, mental, and emotional health will not be
360	endangered.
361	Section 13.  Section 39.823, Florida Statutes, is amended
362	to read:
363	39.823  Guardian advocates for drug dependent
364	newborns.--The Legislature finds that increasing numbers of drug
365	dependent children are born in this state. Because of the
366	parents' continued dependence upon drugs, the parents may
367	temporarily leave their child with a relative or other adult or
368	may have agreed to voluntary family services under s.
369	39.301(15)(14). The relative or other adult may be left with a
370	child who is likely to require medical treatment but for whom
371	they are unable to obtain medical treatment. The purpose of this
372	section is to provide an expeditious method for such relatives
373	or other responsible adults to obtain a court order which allows
374	them to provide consent for medical treatment and otherwise
375	advocate for the needs of the child and to provide court review
376	of such authorization.
377	Section 14.  Section 683.10, Florida Statutes, is amended
378	to read:
379	683.10  Grandparents' and Family Caregivers' Grandmother's
380	Day.--
381	(1)  The first Sunday after Labor Day second Sunday of
382	October of each year is designated "Grandparents' and Family
383	Caregivers' Grandmother's Day."
384	(2)  The Governor may issue annually a proclamation
385	designating the first Sunday after Labor Day second Sunday of
386	October as Grandparents' and Family Caregivers' Grandmother's
387	Day and calling upon public schools and citizens of the state to
388	observe the occasion.
389	Section 15.  This act shall take effect July 1, 2008.

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