| 1 | Representative Galvano offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Remove lines 476-521 and insert: |
| 5 | Section 8. Subsections (2) and (3) of section 39.401, |
| 6 | Florida Statutes, are amended, and subsection (5) is added to |
| 7 | that section, to read: |
| 8 | 39.401 Taking a child alleged to be dependent into |
| 9 | custody; law enforcement officers and authorized agents of the |
| 10 | department.-- |
| 11 | (2) If the law enforcement officer takes the child into |
| 12 | custody, that officer shall: |
| 13 | (a) Release the child to: |
| 14 | 1. The parent or legal custodian of the child; |
| 15 | 2. A responsible adult approved by the court when limited |
| 16 | to temporary emergency situations; |
| 17 | 3. A responsible adult relative who shall be given |
| 18 | priority consideration over a nonrelative placement when this is |
| 19 | in the best interests of the child; or |
| 20 | 4. The adoptive parent of the child's sibling, if such |
| 21 | sibling was previously adopted, if it is in the best interest of |
| 22 | the child to do so; or |
| 23 | 5.4. A responsible adult approved by the department; or |
| 24 | (b) Deliver the child to an authorized agent of the |
| 25 | department, stating the facts by reason of which the child was |
| 26 | taken into custody and sufficient information to establish |
| 27 | probable cause that the child is abandoned, abused, or |
| 28 | neglected, or otherwise dependent. |
| 29 |
|
| 30 | For cases involving allegations of abandonment, abuse, or |
| 31 | neglect, or other dependency cases, within 3 days after such |
| 32 | release or within 3 days after delivering the child to an |
| 33 | authorized agent of the department, the law enforcement officer |
| 34 | who took the child into custody shall make a full written report |
| 35 | to the department. |
| 36 | (3) If the child is taken into custody by, or is delivered |
| 37 | to, an authorized agent of the department, the authorized agent |
| 38 | shall review the facts supporting the removal with an attorney |
| 39 | representing the department. The purpose of the this review is |
| 40 | shall be to determine whether there is probable cause exists for |
| 41 | the filing of a shelter petition. |
| 42 | (a) If the facts are not sufficient to support the filing |
| 43 | of a shelter petition, the child shall immediately be returned |
| 44 | to the custody of the parent or legal custodian. |
| 45 | (b) If the facts are sufficient to support the filing of |
| 46 | the shelter petition and the child has not been returned to the |
| 47 | custody of the parent or legal custodian, the department shall |
| 48 | file the petition and schedule a hearing, and the attorney |
| 49 | representing the department shall request that a shelter hearing |
| 50 | be held within as quickly as possible, not to exceed 24 hours |
| 51 | after the removal of the child. While awaiting the shelter |
| 52 | hearing, the authorized agent of the department may place the |
| 53 | child in licensed shelter care or may release the child to a |
| 54 | parent or legal custodian or responsible adult relative who |
| 55 | shall be given priority consideration over a licensed placement, |
| 56 | or a responsible adult approved by the department if when this |
| 57 | is in the best interests of the child. Any Placement of a child |
| 58 | which is not in a licensed shelter must be preceded by a |
| 59 | criminal history records check as required under s. 39.0138 |
| 60 | local and state criminal records check, as well as a search of |
| 61 | the department's automated abuse information system, on all |
| 62 | members of the household, to assess the child's safety within |
| 63 | the home. In addition, the department may authorize placement of |
| 64 | a housekeeper/homemaker in the home of a child alleged to be |
| 65 | dependent until the parent or legal custodian assumes care of |
| 66 | the child. |
| 67 | (5) Judicial review and approval is required within 24 |
| 68 | hours after placement for all nonrelative placements. A |
| 69 | nonrelative placement must be for a specific and predetermined |
| 70 | period of time, not to exceed 12 months, and shall be reviewed |
| 71 | by the court at least every 6 months. If the nonrelative |
| 72 | placement continues for longer than 12 months, the department |
| 73 | shall request the court to establish permanent guardianship or |
| 74 | require that the nonrelative seek licensure as a foster care |
| 75 | provider within 30 days after the court decision. |
| 76 |
|
| 77 | ----------------------------------------------------- |
| 78 | T I T L E A M E N D M E N T |
| 79 | Remove lines 32-35 and insert: |
| 80 | amending s. 39.401, F.S.; requiring a law enforcement officer |
| 81 | who takes a child into custody to release such child to an |
| 82 | adoptive parent of the child's sibling, if the sibling was |
| 83 | previously adopted; requiring judicial approval for the |
| 84 | placement of a child with a nonrelative; amending s. 39.502, |
| 85 | F.S.; requiring certain |