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A bill to be entitled

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An act relating to care of children; creating the "Zahid

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Jones, Jr., Give Grandparents and Other Relatives a Voice

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Act"; amending s. 39.201, F.S.; providing for the

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Department of Children and Family Services to analyze

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certain unaccepted reports to the central abuse hotline;

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requiring information to be provided to a reporter;

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authorizing the submission of a written report; amending

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s. 39.202, F.S.; expanding access to certain confidential

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reports of child abuse or neglect to include physicians,

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psychologists, and mental health professionals; amending

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s. 39.301, F.S.; requiring information to be provided to a

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reporter; authorizing the submission of a written report;

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providing conditions for a relative to be a collateral

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contact in certain child protective investigations;

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providing for a relative to request notice of proceedings

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and hearings relating to protective investigations under

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certain circumstances; specifying content of the request;

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conforming cross-references; amending s. 39.304, F.S.;

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providing for preservation in department records of

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certain photographs and X rays and reports on medical

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examinations and treatments of an abused child; amending

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s. 39.402, F.S.; requiring notification of certain

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relatives in an order for placement of a child in shelter

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care of their right to attend hearings, submit reports to

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the court, and speak to the court; amending s. 39.502,

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F.S.; providing for certain relatives to receive notice of

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dependency hearings under certain circumstances; providing

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an opportunity for certain relatives to be heard in court;

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providing an exception; amending s. 39.506, F.S.;

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providing for certain relatives to receive notice of

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arraignment hearings under certain circumstances; amending

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s. 39.5085, F.S.; revising legislative intent with regard

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to the Relative Caregiver Program; authorizing the

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department to develop liaison functions for certain

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relatives; amending s. 39.6011, F.S.; requiring a case

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plan for a child receiving services from the department to

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include a protocol for notification of certain relatives

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of proceedings and hearings; amending s. 39.6013, F.S.;

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conforming a cross-reference; amending s. 39.701, F.S.;

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requiring an attorney for the department to provide notice

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to certain relatives of the child regarding upcoming

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judicial hearings; conforming cross-references; amending

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s. 39.823, F.S.; conforming a cross-reference; amending s.

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683.10, F.S.; designating the first Sunday after Labor Day

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as "Grandparents' and Family Caregivers' Day"; authorizing

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the Governor to issue proclamations commemorating the

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occasion; 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. This act may be cited as the "Zahid Jones, Jr.,

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Give Grandparents and Other Relatives a Voice Act."

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     Section 2.  Paragraph (b) of subsection (1) and subsection

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(7) of section 39.201, Florida Statutes, are 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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     (1)

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     (b)  Reporters in the following occupation categories are

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required to provide their names to the hotline staff:

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     1.  Physician, osteopathic physician, medical examiner,

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chiropractic physician, nurse, or hospital personnel engaged in

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the admission, examination, care, or treatment of persons;

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     2.  Health or mental health professional other than one

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listed in subparagraph 1.;

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     3.  Practitioner who relies solely on spiritual means for

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healing;

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     4.  School teacher or other school official or personnel;

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     5.  Social worker, day care center worker, or other

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professional child care, foster care, residential, or

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institutional worker;

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     6.  Law enforcement officer; or

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     7.  Judge.

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The names of reporters shall be entered into the record of the

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report, but shall be held confidential and exempt as provided in

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s. 39.202. If a report received from a reporter under this

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paragraph is accepted for investigation, the reporter must be

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provided contact information for the investigator within 24 hours

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after an investigator has been assigned. A reporter under this

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paragraph may provide a written summary of the report to the

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investigator which shall become a part of the master file.

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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 quality assurance

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program shall analyze unaccepted reports to the hotline by

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identified relatives as a part of the review of screened-out

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calls. The Program Director for Family Safety may refer a case

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

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review, that an investigation may 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.  Subsections (6) through (23) of section 39.301,

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Florida Statutes, are redesignated as subsections (7) through

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(24), respectively, paragraph (c) of present subsection (9),

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present subsection (10), and paragraph (b) of present subsection

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(14) are amended, and a new subsection (6) is added to that

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section, to read:

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     39.301  Initiation of protective investigations.--

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     (6) Upon commencing an investigation under this part, if a

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report was received from a reporter under s. 39.201(1)(b), the

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child protective investigator must provide his or her contact

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information to the reporter within 24 hours after being assigned

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to the investigation. The investigator must also advise the

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reporter that he or she may provide a written summary of the

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report made to the central abuse hotline to the investigator

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which shall become a part of the master file.

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     (10)(9)

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     (c)  The determination that a report requires an

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investigation as provided in this subsection and does not require

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an enhanced onsite child protective investigation pursuant to

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subsection (11) (10) must be approved in writing by the

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supervisor with documentation specifying why additional

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investigative activities are not necessary.

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     (11)(10)(a) For each report that meets one or more of the

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following criteria, the department shall perform an enhanced

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onsite child protective investigation:

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     1.  Any allegation that involves physical abuse, sexual

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abuse, domestic violence, substance abuse or substance exposure,

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medical neglect, a child younger than 3 years of age, or a child

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who is disabled or lacks communication skills.

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     2.  Any report that involves an individual who has been the

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subject of a prior report containing some indicators or verified

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findings of abuse, neglect, or abandonment.

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     3.  Any report that does not contain compelling evidence

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that the maltreatment did not occur.

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     4.  Any report that does not meet the criteria for an onsite

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child protective investigation as set forth in subsection (10)

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(9).

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     (b)  The enhanced onsite child protective investigation

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shall include, but is not limited to:

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     1.  A face-to-face interview with the child, other siblings,

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parents or legal custodians or caregivers, and other adults in

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the household;

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     2.  Collateral contacts;

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     3.  Contact with the reporter as required by rule;

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     4.  An onsite assessment of the child's residence in

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accordance with paragraph (10)(9)(b); and

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     5.  An updated assessment.

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Detailed documentation is required for the investigative

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activities.

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     (15)(14)

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

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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 the services are refused, a collateral

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contact required under subparagraph (11)(b)2. shall include a

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relative, if the protective investigator has knowledge of and the

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ability to contact a relative. If the services are refused and

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the department deems that the child's need for protection so

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requires, the department shall take the child into protective

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custody or petition the court as provided in this chapter. A

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relative may submit in writing to the protective investigator or

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case manager a request to receive notification of all proceedings

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and hearings in accordance with s. 39.502. The request shall

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include the relative's name, address, and phone number and the

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relative's relationship to the child. The protective investigator

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or case manager shall forward such request to the attorney for

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

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

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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)

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

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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, relatives that are

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providing out-of-home care for the child, or legal custodians of

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

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of the importance of the active participation of the parents,

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relatives that are providing out-of-home care for the child, or

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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 the shelter petition

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being granted, and any relative requesting notification pursuant

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to s. 39.301(15)(b), that they have the right to attend all

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subsequent hearings, to submit reports to the court, and to speak

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to the court regarding the child, if they so desire.

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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), except when a relative requests

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notification pursuant to s. 39.301(15)(b), in which case notice

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shall be 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

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requesting notification pursuant to s. 39.301(15)(b) of the date,

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time, and location of such proceedings, and make all reasonable

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efforts to ensure that all relatives who have requested

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notification pursuant to s. 39.301(15)(b) are given an

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opportunity to be heard by the court if the relative so desires.

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The court has the discretion to release the attorney for the

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department from notifying a relative who requested notification

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pursuant to s. 39.301(15)(b) if the relative's involvement is

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determined to be impeding the dependency process or detrimental

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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.  Paragraphs (a) through (d) of subsection (1) of

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section 39.5085, Florida Statutes, are redesignated as paragraphs

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(b) through (e), respectively, a new paragraph (a) is added to

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subsection (1), and paragraph (g) of subsection (2) of that

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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. The department may develop liaison functions to be

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available to relatives who care for children pursuant to this

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chapter to ensure placement stability in extended family

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settings.

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     Section 10.  Paragraphs (b) and (c) of subsection (4) of

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section 39.6011, Florida Statutes, are redesignated as paragraphs

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(c) and (d), respectively, and a new paragraph (b) is added to

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that subsection 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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     (b) The responsibility of the case manager to forward a

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relative's request to receive notification of all proceedings and

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hearings submitted pursuant to s. 39.301(15)(b) to the attorney

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for the department.

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     Section 11.  Subsection (6) of section 39.6013, Florida

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Statutes, is amended to read:

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     39.6013  Case plan amendments.--

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     (6)  The case plan is deemed amended as to the child's

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health, mental health, and education records required by s.

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39.6012 when the child's updated health and education records are

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filed by the department under s. 39.701(8)(7)(a).

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     Section 12.  Subsections (6) through (9) of section 39.701,

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Florida Statutes, are redesignated as subsections (7) through

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(10), respectively, a new subsection (6) is added to that

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section, and paragraph (c) of subsection (2), paragraph (b) of

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present subsection (6), and paragraph (a) of present subsection

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(9) are amended, to read:

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     39.701  Judicial review.--

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     (2)

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     (c)  Notice of a hearing by a citizen review panel must be

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provided as set forth in subsection (5). At the conclusion of a

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citizen review panel hearing, each party may propose a

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recommended order to the chairperson of the panel. Thereafter,

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the citizen review panel shall submit its report, copies of the

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proposed recommended orders, and a copy of the panel's

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recommended order to the court. The citizen review panel's

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recommended order must be limited to the dispositional options

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available to the court in subsection (10) (9). Each party may

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file exceptions to the report and recommended order of the

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citizen review panel in accordance with Rule 1.490, Florida Rules

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of Civil Procedure.

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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(15)(b). The notice shall include

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the date, time, and location of the next judicial review hearing.

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     (7)(6)

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     (b)  At the first judicial review hearing held subsequent to

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the child's 17th birthday, in addition to the requirements of

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subsection (8) (7), the department shall provide the court with

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an updated case plan that includes specific information related

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to independent living services that have been provided since the

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child's 13th birthday, or since the date the child came into

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foster care, whichever came later.

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     (10)(9)(a) Based upon the criteria set forth in subsection

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(9) (8) and the recommended order of the citizen review panel, if

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any, the court shall determine whether or not the social service

345

agency shall initiate proceedings to have a child declared a

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dependent child, return the child to the parent, continue the

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child in out-of-home care for a specified period of time, or

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initiate termination of parental rights proceedings for

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subsequent placement in an adoptive home. Amendments to the case

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plan must be prepared as prescribed in s. 39.6013. If the court

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finds that the prevention or reunification efforts of the

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department will allow the child to remain safely at home or be

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safely returned to the home, the court shall allow the child to

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remain in or return to the home after making a specific finding

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of fact that the reasons for the creation of the case plan have

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

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and physical, mental, and emotional health will not be

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endangered.

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     Section 13.  Section 39.823, Florida Statutes, is amended to

360

read:

361

     39.823  Guardian advocates for drug dependent newborns.--The

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Legislature finds that increasing numbers of drug dependent

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children are born in this state. Because of the parents'

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continued dependence upon drugs, the parents may temporarily

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leave their child with a relative or other adult or may have

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agreed to voluntary family services under s. 39.301(15)(14). The

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relative or other adult may be left with a child who is likely to

368

require medical treatment but for whom they are unable to obtain

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medical treatment. The purpose of this section is to provide an

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expeditious method for such relatives or other responsible adults

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to obtain a court order which allows them to provide consent for

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medical treatment and otherwise advocate for the needs of the

373

child and to provide court review of such authorization.

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     Section 14.  Section 683.10, Florida Statutes, is amended to

375

read:

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     683.10 Grandparents' and Family Caregivers' Grandmother's

377

Day.--

378

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

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October of each year is designated "Grandparents' and Family

380

Caregivers' 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 Caregivers' 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 15.  This act shall take effect July 1, 2008.