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A bill to be entitled

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An act relating to the care of children; providing a short

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title; amending s. 39.201, F.S.; requiring an additional

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component under the Department of Children and Family

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Services' quality assurance program to analyze unaccepted

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reports made to the department's hotline; amending s.

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39.202, F.S.; authorizing certain practitioners to have

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access to certain reports and records in cases of child

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abuse and neglect; amending s. 39.301, F.S.; requiring

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that a collateral contact for a protective investigation

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to include a relative if services are refused; authorizing

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a relative to request notification of all proceedings and

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hearings; amending s. 39.304, F.S.; requiring certain

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medical information relating to child abuse or neglect to

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be permanently preserved in the department's records;

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amending s. 39.402, F.S.; requiring that the court notify

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relatives who are providing out-of-home care of the right

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to attend hearings and submit reports to the court;

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amending s. 39.502, F.S.; requiring the attorney for the

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department to notify relatives requesting notification of

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proceedings; amending s. 39.506, F.S.; requiring that

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relatives who provide out-of-home care for a child be

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provided with notification of hearings; amending s.

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30.5085, F.S.; providing Legislative intent relating to

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the establishment of protocols and procedures relating to

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grandparents and relatives; providing for the development

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of liaison functions related to relatives who care for

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children; amending s. 39.6011, F.S.; requiring case

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managers to forward the notification requests of relatives

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to departmental attorneys; amending s. 39.701, F.S.;

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requiring the attorney for the department to provide

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notification of proceedings to relatives requesting such

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notification; amending s. 683.10, F.S.; designating the

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first Sunday after Labor Day as "Grandparents' and Family

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Caregiver's Day"; providing an effective date.

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

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     Section 1. Sections 2-8 of this act may be cited as the

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"Zahid Jones Give Relatives a Voice Act."

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     Section 2.  Subsection (7) of section 39.201, Florida

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Statutes, is amended to read:

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     39.201  Mandatory reports of child abuse, abandonment, or

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

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

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program shall review calls to the hotline involving three or more

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unaccepted reports on a single child, where jurisdiction applies,

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in order to detect such things as harassment and situations that

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warrant an investigation because of the frequency or variety of

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the source of the reports. A component of the department's

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quality assurance program shall analyze unaccepted reports called

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into the hotline by identified relatives as a part of the

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department's review of screened-out calls. The Program Director

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for Family Safety may refer a case for investigation when it is

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determined, as a result of this review, that an investigation may

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be warranted.

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     Section 3.  Paragraph (r) is added to subsection (2) of

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section 39.202, Florida Statutes, to read:

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     39.202  Confidentiality of reports and records in cases of

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child abuse or neglect.--

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     (2)  Except as provided in subsection (4), access to such

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records, excluding the name of the reporter which shall be

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released only as provided in subsection (5), shall be granted

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only to the following persons, officials, and agencies:

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     (r) A physician licensed under chapter 458 or chapter 459,

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a psychologist licensed under chapter 490, or a mental health

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professional licensed under chapter 491 engaged in the care or

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treatment of the child.

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     Section 4.  Paragraph (b) of subsection (14) of section

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39.301, Florida Statutes, is amended to read:

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     39.301  Initiation of protective investigations.--

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     (14)(b)  The parents or legal custodians shall be informed

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of the right to refuse services, as well as the responsibility of

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the department to protect the child regardless of the acceptance

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or refusal of services. If services are refused, a collateral

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contact required under subparagraph (10)(b)2. shall include a

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relative, unless the protective investigator does not have

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knowledge of and the ability to contact the relative. If the

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services are refused and the department deems that the child's

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need for protection so requires, the department shall take the

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child into protective custody or petition the court as provided

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in this chapter. A relative may submit in writing to the

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protective investigator or case manager a request to receive

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notification of all proceedings and hearings in accordance with

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s. 39.502. The request must include the relative's name, address,

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phone number, and relationship to the child. The protective

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investigator or case manager shall forward the request to the

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attorney for the department.

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     Section 5.  Subsection (4) of section 39.304, Florida

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Statutes, is amended to read:

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     39.304  Photographs, medical examinations, X rays, and

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medical treatment of abused, abandoned, or neglected child.--

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     (4) Any photograph or report on examinations made or X-rays

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Xrays taken pursuant to this section, or copies thereof, shall be

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sent to the department as soon as possible and shall be preserved

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in permanent form in records held by the department.

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     Section 6.  Paragraph (h) of subsection (8) of section

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39.402, Florida Statutes, is amended to read:

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     39.402  Placement in a shelter.--

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     (8)(h)  The order for placement of a child in shelter care

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must identify the parties present at the hearing and must contain

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written findings:

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     1.  That placement in shelter care is necessary based on the

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criteria in subsections (1) and (2).

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     2.  That placement in shelter care is in the best interest

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of the child.

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     3.  That continuation of the child in the home is contrary

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to the welfare of the child because the home situation presents a

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substantial and immediate danger to the child's physical, mental,

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or emotional health or safety which cannot be mitigated by the

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provision of preventive services.

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     4.  That based upon the allegations of the petition for

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placement in shelter care, there is probable cause to believe

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that the child is dependent or that the court needs additional

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time, which may not exceed 72 hours, in which to obtain and

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review documents pertaining to the family in order to

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appropriately determine the risk to the child.

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     5.  That the department has made reasonable efforts to

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prevent or eliminate the need for removal of the child from the

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home. A finding of reasonable effort by the department to prevent

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or eliminate the need for removal may be made and the department

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is deemed to have made reasonable efforts to prevent or eliminate

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the need for removal if:

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     a.  The first contact of the department with the family

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occurs during an emergency;

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     b.  The appraisal of the home situation by the department

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indicates that the home situation presents a substantial and

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immediate danger to the child's physical, mental, or emotional

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health or safety which cannot be mitigated by the provision of

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preventive services;

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

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there are no preventive services that can ensure the health and

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safety of the child or because, even with appropriate and

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available services being provided, the health and safety of the

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child cannot be ensured; or

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     d.  The parent or legal custodian is alleged to have

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committed any of the acts listed as grounds for expedited

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termination of parental rights in s. 39.806(1)(f)-(i).

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     6.  That the court notified the parents or legal custodians

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of the time, date, and location of the next dependency hearing

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and of the importance of the active participation of the parents

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or legal custodians in all proceedings and hearings.

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     7.  That the court notified the parents or legal custodians

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of their right to counsel to represent them at the shelter

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hearing and at each subsequent hearing or proceeding, and the

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right of the parents to appointed counsel, pursuant to the

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procedures set forth in s. 39.013.

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     8. That the court notified relatives who are providing out-

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of-home care for a child as a result of a shelter petition being

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granted that they have the right to attend all subsequent

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hearings and to submit reports to the court regarding the child

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who is in their care.

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     Section 7.  Subsection (1) of section 39.502, Florida

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Statutes, is amended, and subsection (19) is added to that

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section, to read:

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     39.502  Notice, process, and service.--

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     (1)  Unless parental rights have been terminated, all

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parents must be notified of all proceedings or hearings involving

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the child. Notice in cases involving shelter hearings and

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hearings resulting from medical emergencies must be that most

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likely to result in actual notice to the parents. In all other

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dependency proceedings, notice must be provided in accordance

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with subsections (4)-(9) unless a relative requests notification

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pursuant to s. 39.301(14)(b), in which case notification shall be

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provided pursuant to subsection (19).

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     (19) In all proceedings under this part, the attorney for

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the department shall notify, orally or in writing, a relative who

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requests notification pursuant to s. 39.301(14)(b), of the date,

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time, and location of such proceedings. The court may release the

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department's attorney from notifying such relative if the

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relative's involvement is determined to be impeding the

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dependency process or detrimental to the child's well-being.

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     Section 8.  Subsection (9) of section 39.506, Florida

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Statutes, is amended to read:

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     39.506  Arraignment hearings.--

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     (9)  At the conclusion of the arraignment hearing, all

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parties and the relatives who are providing out-of-home care for

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the child shall be notified in writing by the court of the date,

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time, and location for the next scheduled hearing.

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     Section 9.  Present paragraphs (a) through (d) of subsection

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(1) of section 39.5085, Florida Statutes, are redesignated as

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paragraphs (b) through (e), respectively, a new paragraph (a) is

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added to that subsection, and paragraph (g) of subsection (2) of

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that section is amended, to read:

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     39.5085  Relative Caregiver Program.--

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     (1)  It is the intent of the Legislature in enacting this

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section to:

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     (a) Provide for the establishment of procedures and

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protocols that serve to advance the continued safety of children

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by acknowledging the valued resource uniquely available through

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grandparents and relatives of children.

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     (2)

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     (g)  The department may use appropriate available state,

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federal, and private funds to operate the Relative Caregiver

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Program, including the development of liaison functions to be

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made available to relatives who care for children pursuant to

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this chapter to ensure placement stability in extended family

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settings.

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     Section 10.  Subsection (4) of section 39.6011, Florida

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Statutes, is amended to read:

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     39.6011  Case plan development.--

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     (4)  The case plan must describe:

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     (a)  The role of the foster parents or legal custodians when

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developing the services that are to be provided to the child,

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foster parents, or legal custodians;

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     (b) The role of the case manager to forward a relative's

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request to receive notification of all proceedings and hearings

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submitted pursuant to s. 39.301(14)(b) to the attorney for the

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department;

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     (c)(b) The minimum number of face-to-face meetings to be

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held each month between the parents and the department's family

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services counselors to review the progress of the plan, to

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eliminate barriers to progress, and to resolve conflicts or

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disagreements; and

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     (d)(c) The parent's responsibility for financial support of

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the child, including, but not limited to, health insurance and

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child support. The case plan must list the costs associated with

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any services or treatment that the parent and child are expected

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to receive which are the financial responsibility of the parent.

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The determination of child support and other financial support

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shall be made independently of any determination of indigency

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under s. 39.013.

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     Section 11.  Subsection (6) is added to section 39.701,

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Florida Statutes, to read:

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     39.701  Judicial review.--

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     (6) The attorney for the department shall notify a relative

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who submits a request for notification of all proceedings and

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hearings pursuant to s. 39.301(14)(b), with the date, time, and

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location of the next judicial review hearing.

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     Section 12.  Section 683.10, Florida Statutes, is amended to

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read:

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     683.10 Grandparents' and Family Caregivers Grandmother's

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Day.--

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     (1) The first Sunday after Labor Day second Sunday of

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October of each year is designated "Grandparents' and Family

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Caregiver's "Grandmother's Day."

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     (2)  The Governor may issue annually a proclamation

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designating the first Sunday after Labor Day second Sunday of

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October as Grandparents' and Family Caregiver's Grandmother's Day

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and calling upon public schools and citizens of the state to

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observe the occasion.

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     Section 13. This act shall take effect July 1, 2008.