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The Committee on Judiciary (Fasano) recommended the following

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amendment:

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     Senate Amendment (with title amendments)

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     Between line(s) 86-87,

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insert:

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     Section 5.  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)-(j)(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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     Section 6.    Paragraph (f) 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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     (f)  If the court places the child in an out-of-home

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placement, the disposition order must include a written

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determination that the child cannot safely remain at home with

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reunification or family preservation services and that removal of

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the child is necessary to protect the child. If the child has

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been removed before the disposition hearing, the order must also

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include a written determination as to whether, after removal, the

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department has made a reasonable effort to reunify the parent and

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child, if reasonable efforts are required. Reasonable efforts to

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reunify are not required if the court has found that any of the

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acts listed in s. 39.806(1)(f)-(j)(f)-(i) have occurred. The

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department has the burden of demonstrating that it has made

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reasonable efforts under this paragraph.

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     1.  For the purposes of this paragraph, the term "reasonable

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effort" means the exercise of reasonable diligence and care by

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the department to provide the services ordered by the court or

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delineated in the case plan.

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     2.  In support of its determination as to whether reasonable

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efforts have been made, the court shall:

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     a.  Enter written findings as to whether or not prevention

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or reunification efforts were indicated.

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     b.  If prevention or reunification efforts were indicated,

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include a brief written description of what appropriate and

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available prevention and reunification efforts were made.

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     c.  Indicate in writing why further efforts could or could

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not have prevented or shortened the separation of the parent and

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child.

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     3.  A court may find that the department has made a

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reasonable effort to prevent or eliminate the need for removal

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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 by the department of the home situation

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indicates that it presents a substantial and immediate danger to

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the child's safety or physical, mental, or emotional health which

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cannot be mitigated by the provision of 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, even with appropriate and available

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services being provided, the health and safety of the child

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cannot be ensured; or

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     d.  The parent is alleged to have committed any of the acts

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listed as grounds for expedited termination of parental rights in

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s. 39.806(1)(f)-(j)(f)-(i).

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     4.  A reasonable effort by the department for reunification

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of the parent and child has been made if the appraisal of the

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home situation by the department indicates that the severity of

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the conditions of dependency is such that reunification efforts

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are inappropriate. The department has the burden of demonstrating

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to the court that reunification efforts were inappropriate.

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     5.  If the court finds that the prevention or reunification

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effort of the department would not have permitted the child to

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remain safely at home, the court may commit the child to the

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temporary legal custody of the department or take any other

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action authorized by this chapter.

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(Redesignate subsequent sections)

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 10, after the semicolon

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insert:

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amending ss. 39.402 and 39.521, F.S.; conforming cross-

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references;

4/18/2008  2:46:00 PM     JU.11.07942