Florida Senate - 2008 SENATOR AMENDMENT

Bill No. HB 7077, 2nd Eng.

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CHAMBER ACTION

Senate

Floor: 1e/RE/2R

4/23/2008 10:07 PM

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House



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Senator Rich moved the following amendment to amendment (784706):

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     Senate Amendment (with title amendment)

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     Delete line(s) 463-513

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and insert:

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     3. A responsible adult relative or the adoptive parent of

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the child's sibling who shall be given priority consideration

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over a nonrelative placement when this is in the best interests

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of the child; or

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     4.  A responsible adult approved by the department; or

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     (b)  Deliver the child to an authorized agent of the

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department, stating the facts by reason of which the child was

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taken into custody and sufficient information to establish

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probable cause that the child is abandoned, abused, or neglected,

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or otherwise dependent.

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For cases involving allegations of abandonment, abuse, or

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neglect, or other dependency cases, within 3 days after such

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release or within 3 days after delivering the child to an

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authorized agent of the department, the law enforcement officer

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who took the child into custody shall make a full written report

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to the department.

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     (3)  If the child is taken into custody by, or is delivered

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to, an authorized agent of the department, the authorized agent

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shall review the facts supporting the removal with an attorney

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representing the department. The purpose of the this review is

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shall be to determine whether there is probable cause exists for

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the filing of a shelter petition.

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     (a) If the facts are not sufficient to support the filing

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of a shelter petition, the child shall immediately be returned to

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the custody of the parent or legal custodian.

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     (b) If the facts are sufficient to support the filing of

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the shelter petition and the child has not been returned to the

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custody of the parent or legal custodian, the department shall

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file the petition and schedule a hearing, and the attorney

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representing the department shall request that a shelter hearing

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be held within as quickly as possible, not to exceed 24 hours

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after the removal of the child. While awaiting the shelter

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hearing, the authorized agent of the department may place the

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child in licensed shelter care or may release the child to a

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parent or legal custodian or responsible adult relative or the

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adoptive parent of the child's sibling who shall be given

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priority consideration over a licensed placement, or a

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responsible adult approved by the department if when this is in

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the best interests of the child. Any Placement of a child which

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is not in a licensed shelter must be preceded by a criminal

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history records check as required under s. 39.0138 local and

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state criminal records check, as well as a search of the

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department's automated abuse information system, on all members

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of the household, to assess the child's safety within the home.

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In addition, the department may authorize placement of a

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housekeeper/homemaker in the home of a child alleged to be

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dependent until the parent or legal custodian assumes care of the

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child.

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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) 1403-1404

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and insert:

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child's sibling; authorizing the department to release a

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child awaiting a shelter hearing to an adoptive parent of

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the child's sibling; requiring

4/23/2008  10:57:00 AM     34-08405A-08

CODING: Words stricken are deletions; words underlined are additions.