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Senator Storms moved the following amendment to amendment

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(784706):

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     Senate Amendment (with title amendment)

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     Delete line(s) 514-886

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and insert:

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     (5) Judicial review and approval is required within 24

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hours after placement for all nonrelative placements. A

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nonrelative placement must be for a specific and predetermined

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period of time, not to exceed 12 months, and shall be reviewed by

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the court at least every 6 months. If the nonrelative placement

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continues for longer than 12 months, the department shall request

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the court to establish permanent guardianship or require that the

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nonrelative seek licensure as a foster care provider within 30

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days after the court decision. Failure to establish permanent

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guardianship or obtain licensure does not require the court to

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change a child's placement unless it is in the best interest of

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the child to do so.

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     Section 9.  Subsection (17) 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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     (17)  The parent or legal custodian of the child, the

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attorney for the department, the guardian ad litem, the foster or

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preadoptive parents, and all other parties and participants shall

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be given reasonable notice of all proceedings and hearings

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provided for under this part. All foster or preadoptive parents

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must be provided with at least 72 hours' notice, verbally or in

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writing, of all proceedings or hearings relating to children in

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their care or children they are seeking to adopt to ensure the

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ability to provide input to the court.

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     Section 10.  Subsection (6) of section 39.503, Florida

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Statutes, is amended to read:

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     39.503  Identity or location of parent unknown; special

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procedures.--

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     (6)  The diligent search required by subsection (5) must

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include, at a minimum, inquiries of all relatives of the parent

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or prospective parent made known to the petitioner, inquiries of

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all offices of program areas of the department likely to have

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information about the parent or prospective parent, inquiries of

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other state and federal agencies likely to have information about

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the parent or prospective parent, inquiries of appropriate

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utility and postal providers, a thorough search of at least one

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electronic database specifically designed for locating persons,

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and inquiries of appropriate law enforcement agencies. Pursuant

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to s. 453 of the Social Security Act, 42 U.S.C. s. 653(c)(4), the

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department, as the state agency administering Titles IV-B and IV-

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E of the act, shall be provided access to the federal and state

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parent locator service for diligent search activities.

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     Section 11.  Section 39.504, Florida Statutes, is amended to

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read:

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     39.504  Injunction pending disposition of petition;

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penalty.--

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     (1)(a) At any time after a protective investigation has

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been initiated pursuant to part III of this chapter When a

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petition for shelter placement or a petition for dependency has

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been filed or when a child has been taken into custody and

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reasonable cause, as defined in paragraph (b), exists, the court,

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upon the request of the department, a law enforcement officer,

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the state attorney, or other responsible person, or upon its own

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motion, may, if there is reasonable cause, shall have the

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authority to issue an injunction to prevent any act of child

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abuse or any unlawful sexual offense involving a child.

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     (b) Reasonable cause for the issuance of an injunction

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exists if there is evidence of child abuse or an unlawful sexual

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offense involving a child or if there is a reasonable likelihood

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of such abuse or offense occurring based upon a recent overt act

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or failure to act.

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     (2)  Notice shall be provided to the parties as set forth in

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the Florida Rules of Juvenile Procedure, unless the child is

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reported to be in imminent danger, in which case the court may

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issue an injunction immediately. A judge may issue an emergency

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injunction pursuant to this section without notice if at times

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when the court is closed for the transaction of judicial

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business. If When such an immediate injunction is issued, the

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court must shall hold a hearing on the next day of judicial

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business either to dissolve the injunction or to continue or

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modify it in accordance with the other provisions of this

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section.

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     (3)(a) If In every instance in which an injunction is

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issued under this section, the primary purpose of the injunction

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must be shall be primarily to protect and promote the best

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interests of the child, taking the preservation of the child's

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immediate family into consideration. The effective period of the

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injunction shall be determined by the court, except that the

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injunction will expire at the time of the disposition of the

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petition for shelter placement or dependency.

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     (a)(b) The injunction shall apply to the alleged or actual

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offender in a case of child abuse or acts of domestic violence an

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unlawful sexual offense involving a child. The conditions of the

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injunction shall be determined by the court, which conditions may

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include ordering the alleged or actual offender to:

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     1. Refrain from further abuse or acts of domestic violence

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unlawful sexual activity involving a child.

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     2.  Participate in a specialized treatment program.

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     3.  Limit contact or communication with the child victim,

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other children in the home, or any other child.

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     4.  Refrain from contacting the child at home, school, work,

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or wherever the child may be found.

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     5.  Have limited or supervised visitation with the child.

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     6.  Pay temporary support for the child or other family

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members; the costs of medical, psychiatric, and psychological

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treatment for the child victim incurred as a result of the

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offenses; and similar costs for other family members.

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     7.  Vacate the home in which the child resides.

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     (b)(c) If the intent of the injunction is to protect the

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child from domestic violence, the conditions may also include:

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     1. Awarding the exclusive use and possession of the

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dwelling to the caregiver or excluding the alleged or actual

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offender from the residence of the caregiver.

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     2. Awarding temporary custody of the child to the

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caregiver.

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     3. Establishing temporary support for the child. At any

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time prior to the disposition of the petition, the alleged or

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actual offender may offer the court evidence of changed

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circumstances as a ground to dissolve or modify the injunction.

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This paragraph does not preclude the adult victim of domestic

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violence from seeking protection under s. 741.30.

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     (c) The terms of the injunction shall remain in effect

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until modified or dissolved by the court. The petitioner,

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respondent, or caregiver may move at any time to modify or

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dissolve the injunction. The injunction is valid and enforceable

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in all counties in the state.

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     (4) Service of process on the respondent shall be carried

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out pursuant to s. 741.30. The department shall deliver a copy of

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any injunction issued pursuant to this section shall be delivered

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to the protected party, or to a parent, or caregiver, or

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individual acting in the place of a parent who is not the

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respondent, and to any law enforcement agency having jurisdiction

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to enforce such injunction. Law enforcement officers may exercise

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their arrest powers as provided in s. 901.15(6) to enforce the

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terms of the injunction. Upon delivery of the injunction to the

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appropriate law enforcement agency, the agency shall have the

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duty and responsibility to enforce the injunction.

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     (5)  Any person who fails to comply with an injunction

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issued pursuant to this section commits is guilty of a

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misdemeanor of the first degree, punishable as provided in s.

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775.082 or s. 775.083.

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     Section 12.  Subsection (7) of section 39.507, Florida

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Statutes, is amended to read:

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     39.507  Adjudicatory hearings; orders of adjudication.--

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     (7)(a) For as long as a court maintains jurisdiction over a

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dependency case, only one order adjudicating each child in the

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case dependent shall be entered. This order establishes the legal

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status of the child for purposes of proceedings under this

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chapter and may be based on the conduct of one parent, both

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parents, or a legal custodian.

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     (b) However, the court must determine whether each parent

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or legal custodian identified in the case abused, abandoned, or

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neglected the child in a subsequent evidentiary hearing. If the

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evidentiary hearing is conducted subsequent to the adjudication

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of the child, the court shall supplement the adjudicatory order,

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disposition order, and the case plan, as necessary. With the

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exception of proceedings pursuant to s. 39.811, the child's

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dependency status may not be retried or readjudicated.

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     (c) If a court adjudicates a child dependent and the child

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is in out-of-home care, the court shall inquire of the parent or

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parents whether the parents have relatives who might be

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considered as a placement for the child. The court shall advise

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the parents that, if the parents fail to substantially comply

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with the case plan, their parental rights may be terminated and

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that the child's out-of-home placement may become permanent. The

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parent or parents shall provide to the court and all parties

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identification and location information of the relatives.

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     Section 13.  Paragraphs (a) and (f) of subsection (1) and

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paragraph (c) of subsection (3) of section 39.521, Florida

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Statutes, are 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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     (a)  A written case plan and a predisposition study prepared

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by an authorized agent of the department must be filed with the

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court, and served upon the parents of the child, provided to the

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representative of the guardian ad litem program, if the program

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has been appointed, and provided to all other parties, not less

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than 72 hours before the disposition hearing. All such case plans

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must be approved by the court. If the court does not approve the

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case plan at the disposition hearing, the court must set a

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hearing within 30 days after the disposition hearing to review

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and approve the case plan. The court may grant an exception to

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the requirement for a predisposition study by separate order or

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within the judge's order of disposition upon finding that all the

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family and child information required by subsection (2) is

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available in other documents filed with the court.

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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 is 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 finds has found that any of

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the acts listed in s. 39.806(1)(f)-(l) s. 39.806(1)(f)-(i) have

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occurred. The department has the burden of demonstrating that it

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has made 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

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under s. 39.806(1)(f)-(l) in s. 39.806(1)(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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     (3)  When any child is adjudicated by a court to be

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dependent, the court shall determine the appropriate placement

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for the child as follows:

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     (c)  If no fit parent is willing or available to assume care

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and custody of the child, place the child in the temporary legal

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custody of an adult relative, the adoptive parent of the child's

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sibling, or other another adult approved by the court who is

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willing to care for the child, under the protective supervision

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of the department. The department must supervise this placement

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until the child reaches permanency status in this home, and in no

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case for a period of less than 6 months. Permanency in a relative

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placement shall be by adoption, long-term custody, or

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guardianship.

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Protective supervision continues until the court terminates it or

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until the child reaches the age of 18, whichever date is first.

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Protective supervision shall be terminated by the court whenever

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the court determines that permanency has been achieved for the

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child, whether with a parent, another relative, or a legal

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custodian, and that protective supervision is no longer needed.

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The termination of supervision may be with or without retaining

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jurisdiction, at the court's discretion, and shall in either case

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be considered a permanency option for the child. The order

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terminating supervision by the department shall set forth the

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powers of the custodian of the child and shall include the powers

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ordinarily granted to a guardian of the person of a minor unless

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otherwise specified. Upon the court's termination of supervision

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by the department, no further judicial reviews are required, so

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long as permanency has been established for the child.

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     Section 14.  Subsection (5) of section 39.701, Florida

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Statutes, is amended to read:

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     39.701  Judicial review.--

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     (5)  Notice of a judicial review hearing or a citizen review

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panel hearing, and a copy of the motion for judicial review, if

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any, must be served by the clerk of the court upon all of the

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following persons, if available to be served, regardless of

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whether the person was present at the previous hearing at which

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the date, time, and location of the hearing was announced:

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     (a)  The social service agency charged with the supervision

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of care, custody, or guardianship of the child, if that agency is

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not the movant.

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     (b)  The foster parent or legal custodian in whose home the

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child resides.

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     (c)  The parents.

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     (d)  The guardian ad litem for the child, or the

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representative of the guardian ad litem program if the program

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has been appointed.

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     (e) The attorney for the child.

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     (f) The child, if the child is 13 years of age or older.

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     (g)(e) Any preadoptive parent.

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     (h)(f) Such other persons as the court may in its

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discretion direct.

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Service of notice is not required on any of the persons listed in

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paragraphs (a)-(f) if the person was present at the previous

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hearing during which the date, time, and location of the hearing

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was announced.

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     Section 15.  Subsection (1) of section 39.8055, Florida

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Statutes, is amended to read:

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     39.8055  Requirement to file a petition to terminate

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parental rights; exceptions.--

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     (1)  The department shall file a petition to terminate

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parental rights within 60 days after any of the following if:

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     (a)  At the time of the 12-month judicial review hearing, a

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child is not returned to the physical custody of the parents;

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     (b)  A petition for termination of parental rights has not

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otherwise been filed, and the child has been in out-of-home care

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under the responsibility of the state for 12 15 of the most

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recent 22 months, calculated on a cumulative basis, but not

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including any trial home visits or time during which the child

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was a runaway;

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     (c) A parent has been convicted of the murder of the other

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parent, manslaughter of the other parent, aiding or abetting the

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murder, or conspiracy or solicitation to murder the other parent

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or another child of the parent, or a felony battery that resulted

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in serious bodily injury to the child or to another any other

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child of the parent; or

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     (d)  A court determines that reasonable efforts to reunify

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the child and parent are not required.

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     Section 16.  Paragraphs (e) through (h) of subsection (1) of

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section 39.806, Florida Statutes, are amended, paragraphs (j),

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(k), and (l) are added to that subsection, and subsections (2),

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(3), and (4) of that section are amended, to read:

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     39.806  Grounds for termination of parental rights.--

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     (1)  Grounds for the termination of parental rights may be

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established under any of the following circumstances:

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     (e)  When a child has been adjudicated dependent, a case

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plan has been filed with the court, and:

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     1.  The child continues to be abused, neglected, or

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abandoned by the parent or parents. In this case, The failure of

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the parent or parents to substantially comply with the case plan

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for a period of 9 12 months after an adjudication of the child as

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a dependent child or the child's placement into shelter care,

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whichever occurs came first, constitutes evidence of continuing

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abuse, neglect, or abandonment unless the failure to

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substantially comply with the case plan was due either to the

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parent's lack of financial resources of the parents or to the

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failure of the department to make reasonable efforts to reunify

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the parent and child. The 9-month 12-month period begins to run

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only after the child's placement into shelter care or the entry

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of a disposition order placing the custody of the child with the

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department or a person other than the parent and the court's

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approval by the court of a case plan having the with a goal of

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reunification with the parent, whichever occurs came first; or

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     2. The parent or parents have has materially breached the

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case plan by making it unlikely that he or she will be able to

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substantially comply with the case plan before the time for

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compliance expires. Time is of the essence for permanency of

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children in the dependency system. In order to prove the parent

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or parents have has materially breached the case plan, the court

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must find by clear and convincing evidence that the parent or

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parents are is unlikely or unable to substantially comply with

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the case plan before time expires to comply with the case plan

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expires.

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     (f) When The parent or parents engaged in egregious conduct

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or had the opportunity and capability to prevent and knowingly

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failed to prevent egregious conduct that threatens the life,

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safety, or physical, mental, or emotional health of the child or

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the child's sibling.

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     1.  As used in this subsection, the term "sibling" means

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another child who resides with or is cared for by the parent or

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parents regardless of whether the child is related legally or by

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consanguinity.

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     2.  As used in this subsection, the term "egregious conduct"

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means abuse, abandonment, neglect, or any other conduct of the

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parent or parents that is deplorable, flagrant, or outrageous by

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a normal standard of conduct. Egregious conduct may include an

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act or omission that occurred only once but was of such

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intensity, magnitude, or severity as to endanger the life of the

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child.

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     (g) When The parent or parents have subjected the child or

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another child to aggravated child abuse as defined in s. 827.03,

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sexual battery or sexual abuse as defined in s. 39.01, or chronic

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abuse.

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     (h) When The parent or parents have committed the murder,

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manslaughter, aiding or abetting the murder, or conspiracy or

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solicitation to murder the other parent or another child, or a

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felony battery that resulted in serious bodily injury to the

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child or to another child committed murder or voluntary

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manslaughter of another child, or a felony assault that results

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in serious bodily injury to the child or another child, or aided

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or abetted, attempted, conspired, or solicited to commit such a

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murder or voluntary manslaughter or felony assault.

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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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     Delete line(s) 1417-1425

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and insert:

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findings; amending s. 39.521, F.S.; providing an exception

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from the requirement for a predisposition study in

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dependency proceedings; conforming cross-references;

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authorizing the court to place a dependent child with the

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adoptive parent of the child's sibling if no fit parent is

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willing or available to assume care and custody; amending

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s. 39.701, F.S.; requiring that notice

4/22/2008  10:05:00 PM     10-08407B-08