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A bill to be entitled

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An act relating to legal representation for children in

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state custody; amending s. 39.0139, F.S.; deleting a

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requirement that the court appoint an attorney ad litem

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for a child alleged to have been abused by a parent or

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caregiver; amending s. 39.402, F.S.; providing for court

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appointment of an attorney to represent a child during a

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shelter hearing; amending s. 39.407, F.S.; providing for a

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child to be represented by an attorney rather than an

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attorney ad litem in a hearing involving the child's

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medical and behavioral status; amending s. 39.4085, F.S.;

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adding as a goal for children in shelter or foster care

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that the child's guardian ad litem and attorney meet with

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the child; deleting a reference to an attorney ad litem;

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amending s. 39.502, F.S.; providing for the court

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appointment of an attorney during a dependency hearing;

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amending s. 39.521, F.S.; providing for the continuation

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or discharge of a child's attorney during dependency

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procedures; amending s. 39.701, F.S.; providing for the

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judicial review of the appointment or continuation of

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appointment of an attorney for a child during dependency

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proceedings; amending s. 39.8296, F.S.; deleting a

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reference to an attorney ad litem; deleting obsolete

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reporting requirements; creating s. 39.830, F.S.;

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providing for attorney representation for children in the

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dependency system; requiring each circuit court to develop

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a system for providing legal representation; providing for

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a training program; providing for data collection;

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repealing s. 39.4086, F.S., relating to a pilot program

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for attorneys ad litem for dependent children; providing a

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directive to the Division of Statutory Revision; providing

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an effective date.

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

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     Section 1.  Paragraph (a) of subsection (4) of section

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39.0139, Florida Statutes, is amended to read:

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     39.0139  Visitation or other contact; restrictions.--

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     (4)  HEARINGS.--A person who meets any of the criteria set

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forth in paragraph (3)(a) may visit or have other contact with a

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child only after a hearing and an order by the court that allows

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the visitation or other contact. At such a hearing:

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     (a) The court must appoint an attorney ad litem or a

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guardian ad litem for the child if one has not already been

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appointed. The Any attorney ad litem or guardian ad litem

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appointed shall have special training in the dynamics of child

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sexual abuse.

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     Section 2.  Paragraph (c) 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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     (c)  At the shelter hearing, the court shall:

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     1.  Appoint a guardian ad litem to represent the best

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interest of the child, unless the court finds that such

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representation is unnecessary, and an attorney to represent the

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child if considered necessary by the court;

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     2.  Inform the parents or legal custodians of their right to

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counsel to represent them at the shelter hearing and at each

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subsequent hearing or proceeding, and the right of the parents to

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appointed counsel, pursuant to the procedures set forth in s.

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39.013; and

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     3.  Give the parents or legal custodians an opportunity to

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be heard and to present evidence.

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     Section 3.  Paragraph (f) of subsection (3) of section

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39.407, Florida Statutes, is amended to read:

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     39.407  Medical, psychiatric, and psychological examination

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and treatment of child; physical, mental, or substance abuse

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examination of person with or requesting child custody.--

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     (3)

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     (f)1. The department shall fully inform the court of the

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child's medical and behavioral status as part of the social

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services report prepared for each judicial review hearing held

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for a child for whom psychotropic medication has been prescribed

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or provided under this subsection. As a part of the information

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provided to the court, the department shall furnish copies of all

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pertinent medical records concerning the child which have been

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generated since the previous hearing.

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     1. On its own motion or on good cause shown by any party,

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including an attorney or any guardian ad litem, attorney, or

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attorney ad litem who has been appointed to represent the child

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or the child's interests, the court may review the status more

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frequently than required in this subsection.

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     2.  The court may, in the best interests of the child, order

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the department to obtain a medical opinion addressing whether the

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continued use of the medication under the circumstances is safe

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and medically appropriate.

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     Section 4.  Subsections (20) and (21) of section 39.4085,

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Florida Statutes, are amended to read:

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     39.4085  Legislative findings and declaration of intent for

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goals for dependent children.--The Legislature finds and declares

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that the design and delivery of child welfare services should be

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directed by the principle that the health and safety of children

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should be of paramount concern and, therefore, establishes the

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following goals for children in shelter or foster care:

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     (20)  To have a guardian ad litem appointed to represent,

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within reason, their best interests and, where appropriate, an

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attorney ad litem appointed to represent their legal interests;

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the guardian ad litem and attorney ad litem shall have immediate

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and unlimited access to the children they represent and shall

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meet with and provide each child with an opportunity to express

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his or her wishes.

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     (21)  To have all their records available for review by

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their guardian ad litem and attorney ad litem if they deem such

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review necessary.

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The provisions of this section establish goals and not rights.

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Nothing in this section shall be interpreted as requiring the

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delivery of any particular service or level of service in excess

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of existing appropriations. No person shall have a cause of

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action against the state or any of its subdivisions, agencies,

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contractors, subcontractors, or agents, based upon the adoption

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of or failure to provide adequate funding for the achievement of

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these goals by the Legislature. Nothing herein shall require the

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expenditure of funds to meet the goals established herein except

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funds specifically appropriated for such purpose.

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     Section 5.  Subsection (8) of section 39.502, Florida

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Statutes, is amended to read:

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     39.502  Notice, process, and service.--

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     (8)  It is not necessary to the validity of a proceeding

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under covered by this part that the parents be present if their

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identity or residence is unknown after a diligent search has been

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made, but in this event the petitioner shall file an affidavit of

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diligent search prepared by the person who made the search and

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inquiry, and the court may appoint a guardian ad litem and

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attorney for the child.

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     Section 6.  Paragraph (d) of subsection (1) of section

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39.521, Florida Statutes, is amended to read:

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     39.521  Disposition hearings; powers of disposition.--

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

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

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dependency were proven in the adjudicatory hearing, or if the

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parents or legal custodians have consented to the finding of

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dependency or admitted the allegations in the petition, have

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failed to appear for the arraignment hearing after proper notice,

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or have not been located despite a diligent search having been

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conducted.

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     (d)  The court shall, in its written order of disposition,

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include all of the following:

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     1.  The placement or custody of the child.

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     2.  Special conditions of placement and visitation.

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     3.  Evaluation, counseling, treatment activities, and other

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actions to be taken by the parties, if ordered.

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     4.  The persons or entities responsible for supervising or

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monitoring services to the child and parent.

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     5. Continuation or discharge of the child's guardian ad

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litem and attorney, as appropriate.

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     6.  The date, time, and location of the next scheduled

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review hearing, which must occur within the earlier of:

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     a.  Ninety days after the disposition hearing;

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     b.  Ninety days after the court accepts the case plan;

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     c.  Six months after the date of the last review hearing; or

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     d.  Six months after the date of the child's removal from

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his or her home, if no review hearing has been held since the

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child's removal from the home.

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     7.  If the child is in an out-of-home placement, child

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support to be paid by the parents, or the guardian of the child's

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estate if possessed of assets which under law may be disbursed

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for the care, support, and maintenance of the child. The court

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may exercise jurisdiction over all child support matters, shall

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adjudicate the financial obligation, including health insurance,

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of the child's parents or guardian, and shall enforce the

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financial obligation as provided in chapter 61. The state's child

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support enforcement agency shall enforce child support orders

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under this section in the same manner as child support orders

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under chapter 61.  Placement of the child shall not be contingent

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upon issuance of a support order.

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     8.a.  If the court does not commit the child to the

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temporary legal custody of an adult relative, legal custodian, or

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other adult approved by the court, the disposition order shall

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include the reasons for such a decision and shall include a

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determination as to whether diligent efforts were made by the

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department to locate an adult relative, legal custodian, or other

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adult willing to care for the child in order to present that

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placement option to the court instead of placement with the

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department.

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     b.  If no suitable relative is found and the child is placed

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with the department or a legal custodian or other adult approved

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by the court, both the department and the court shall consider

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transferring temporary legal custody to an adult relative

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approved by the court at a later date, but are not neither the

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department nor the court is obligated to do so place the child if

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it is in the child's best interest to remain in the current

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placement.

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For the purposes of this section, "diligent efforts to locate an

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adult relative" means a search similar to the diligent search for

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a parent, but without the continuing obligation to search after

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an initial adequate search is completed.

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     9.  Other requirements necessary to protect the health,

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safety, and well-being of the child, to preserve the stability of

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the child's educational placement, and to promote family

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preservation or reunification whenever possible.

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     Section 7.  Paragraph (c) of subsection (8) of section

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39.701, Florida Statutes, is amended to read:

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     39.701  Judicial review.--

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     (8)  The court and any citizen review panel shall take into

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consideration the information contained in the social services

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study and investigation and all medical, psychological, and

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educational records that support the terms of the case plan;

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testimony by the social services agency, the parent, the foster

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parent or legal custodian, the guardian ad litem if one has been

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appointed for the child, and any other person deemed appropriate;

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and any relevant and material evidence submitted to the court,

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including written and oral reports to the extent of their

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probative value. These reports and evidence may be received by

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the court in its effort to determine the action to be taken with

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regard to the child and may be relied upon to the extent of their

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probative value, even though not competent in an adjudicatory

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hearing. In its deliberations, the court and any citizen review

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panel shall seek to determine:

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     (c) If an attorney or a guardian ad litem needs to be

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appointed for the child in a case in which they have a guardian

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ad litem has not previously been appointed or if there is a need

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to continue their appointment a guardian ad litem in a case in

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which an attorney or a guardian ad litem has been appointed.

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     Section 8.  Paragraph (b) of subsection (2) of section

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39.8296, Florida Statutes, is amended to read:

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     39.8296  Statewide Guardian Ad Litem Office; legislative

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findings and intent; creation; appointment of executive director;

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duties of office.--

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     (2)  STATEWIDE GUARDIAN AD LITEM OFFICE.--There is created a

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Statewide Guardian Ad Litem Office within the Justice

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Administrative Commission. The Justice Administrative Commission

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shall provide administrative support and service to the office to

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the extent requested by the executive director within the

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available resources of the commission. The Statewide Guardian Ad

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Litem Office shall not be subject to control, supervision, or

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direction by the Justice Administrative Commission in the

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performance of its duties, but the employees of the office shall

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be governed by the classification plan and salary and benefits

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plan approved by the Justice Administrative Commission.

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     (b)  The Statewide Guardian Ad Litem Office shall, within

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available resources, have oversight responsibilities for and

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provide technical assistance to all guardian ad litem and

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attorney ad litem programs located within the judicial circuits.

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     1.  The office shall identify the resources required to

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implement methods of collecting, reporting, and tracking reliable

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and consistent case data.

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     2.  The office shall review the current guardian ad litem

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programs in Florida and other states.

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     3.  The office, in consultation with local guardian ad litem

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offices, shall develop statewide performance measures and

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standards.

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     4.  The office shall develop a guardian ad litem training

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program. The office shall establish a curriculum committee to

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develop the training program, which specified in this

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subparagraph. The curriculum committee shall include, but need

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not be limited to, dependency judges, directors of circuit

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guardian ad litem programs, active certified guardians ad litem,

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a mental health professional who specializes in the treatment of

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children, a member of a child advocacy group, a representative of

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the Florida Coalition Against Domestic Violence, and a social

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worker experienced in working with victims and perpetrators of

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child abuse.

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     5.  The office shall review the various methods of funding

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guardian ad litem programs, shall maximize the use of those

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funding sources to the extent possible, and shall review the

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kinds of services being provided by circuit guardian ad litem

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programs.

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     6.  The office shall determine the feasibility or

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desirability of new concepts of organization, administration,

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financing, or service delivery designed to preserve the civil and

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constitutional rights and fulfill other needs of dependent

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children.

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     7. No later than October 1, 2004, the office shall submit

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to the Governor, the President of the Senate, the Speaker of the

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House of Representatives, and the Chief Justice of the Supreme

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Court an interim report describing the progress of the office in

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meeting the goals as described in this section. No later than

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October 1, 2004, the office shall submit to the Governor, the

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President of the Senate, the Speaker of the House of

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Representatives, and the Chief Justice of the Supreme Court a

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proposed plan including alternatives for meeting the state's

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guardian ad litem and attorney ad litem needs. This plan may

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include recommendations for less than the entire state, may

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include a phase-in system, and shall include estimates of the

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cost of each of the alternatives. Each year thereafter, The

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office shall annually provide a status report and provide further

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recommendations to address the need for guardian ad litem

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services and related issues.

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     Section 9.  Section 39.830, Florida Statutes, is created to

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read:

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     39.830 Attorney representation.--

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     (1) LEGISLATIVE INTENT.--In furtherance of the goals set

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forth in s. 39.4085, it is the intent of the Legislature that

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children in the dependency system receive needed legal

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representation.

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     (2) LEGAL REPRESENTATION.--Each circuit court shall

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establish a system for providing legal, client-directed

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representation for children taken into custody by the department

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and maintained in out-of-home care by court order pursuant to a

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hearing held under s. 39.402.

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     (a) At the hearing or at any time following the hearing,

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the court may appoint an attorney who has completed the training

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program under subsection (3) to represent the child upon motion

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of a party or upon the court's own motion, if the court considers

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such representation necessary. Upon the court's determination,

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the department shall provide to the attorney the name of the

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child, the location and placement of the child, the name of the

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department's authorized agent and contact information, copies of

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all notices sent to the parent or legal custodian of the child,

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and any other relevant information or records concerning the

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child.

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     (b) Once assigned, the attorney shall represent the child's

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wishes after consulting with and advising the child in a manner

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appropriate to the child's age. The attorney must in all

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circumstances fulfill the same duties of advocacy, loyalty,

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confidentiality, and competent representation which are due an

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adult client. The attorney shall represent the child until

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discharged by court order because permanency has been achieved or

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the court believes that the legal representation is no longer

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necessary.

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     (c) The judicial circuit may contract with a public or

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private entity having appropriate expertise and training to

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provide attorney representation.

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     (3) TRAINING.--The Office of the State Courts

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Administrator, in consultation with the circuit courts, shall

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develop a training program for attorneys to be appointed to

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represent children under this section which includes appropriate

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standards of practice for attorneys who represent children. The

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office may contract with a public or private entity to provide

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the training program.

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     (4) DATA COLLECTION.--The Office of the State Courts

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Administrator shall collect data and other information necessary

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to evaluate and make recommendations concerning the

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establishment, operation, and effect of access to legal

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representation in meeting the legal needs of children in the

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dependency system.

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     Section 10. Section 39.4086, Florida Statutes, is repealed.

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     Section 11. The Division of Statutory Revision is directed

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to redesignate the title of part XII of chapter 39, Florida

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Statutes, as "GUARDIAN AD LITEM, GUARDIAN ADVOCATE, AND ATTORNEY

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REPRESENTATION."

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     Section 12.  This act shall take effect July 1, 2008.