Florida Senate - 2008 SENATOR AMENDMENT

Bill No. HB 7077, 2nd Eng.

784706

CHAMBER ACTION

Senate

Floor: 1/RE/2R

4/23/2008 10:07 PM

.

.

.

.

.

House



1

Senator Storms moved the following amendment:

2

3

     Senate Amendment (with title amendment)

4

     Delete everything after the enacting clause

5

and insert:

6

7

     Section 1.  Subsection (1) and paragraphs (e) and (g) of

8

present subsection (31) of section 39.01, Florida Statutes, are

9

amended, present subsections (14) through (74) are renumbered as

10

subsections (15) through (75), respectively, and a new subsection

11

(14) is added to that section, to read:

12

     39.01  Definitions.--When used in this chapter, unless the

13

context otherwise requires:

14

     (1) "Abandoned" or "abandonment" means a situation in which

15

the parent or legal custodian of a child or, in the absence of a

16

parent or legal custodian, the caregiver responsible for the

17

child's welfare, while being able, makes no provision for the

18

child's support and has failed to establish or maintain a

19

substantial and positive relationship with the child. For

20

purposes of this subsection, "establish or maintain a substantial

21

and positive relationship" includes, but is not limited to,

22

frequent and regular contact with the child through frequent and

23

regular visitation or frequent and regular communication to or

24

with the child, and the exercise of parental rights and

25

responsibilities. Marginal efforts and incidental or token visits

26

or communications are not sufficient to establish or maintain a

27

substantial and positive relationship with a child. and makes no

28

effort to communicate with the child, which situation is

29

sufficient to evince a willful rejection of parental

30

obligations. If the efforts of the parent or legal custodian, or

31

caregiver primarily responsible for the child's welfare, to

32

support and communicate with the child are, in the opinion of the

33

court, only marginal efforts that do not evince a settled purpose

34

to assume all parental duties, the court may declare the child to

35

be abandoned. The term "abandoned" does not include an abandoned

36

newborn infant as described in s. 383.50, a "child in need of

37

services" as defined in chapter 984, or a "family in need of

38

services" as defined in chapter 984. The incarceration of a

39

parent, legal custodian, or caregiver responsible for a child's

40

welfare may support a finding of abandonment.

41

     (14) "Child who has exhibited inappropriate sexual

42

behavior" means a child who is 12 years of age or younger and who

43

has been found by the department or the court to have committed

44

an inappropriate sexual act on himself or herself or another

45

individual.

46

     (32)(31) "Harm" to a child's health or welfare can occur

47

when any person:

48

     (e)  Abandons the child. Within the context of the

49

definition of "harm," the term "abandoned the child" or

50

"abandonment of the child" means a situation in which the parent

51

or legal custodian of a child or, in the absence of a parent or

52

legal custodian, the caregiver, while being able, makes no

53

provision for the child's support and has failed to establish or

54

maintain a substantial and positive relationship with the child.

55

For purposes of this paragraph, "establish or maintain a

56

substantial and positive relationship" includes, but is not

57

limited to, frequent and regular contact with the child through

58

frequent and regular visitation or frequent and regular

59

communication to or with the child, and the exercise of parental

60

rights and responsibilities. Marginal efforts and incidental or

61

token visits or communications are not sufficient to establish or

62

maintain a substantial and positive relationship with a child.

63

"abandons the child" means that the parent or legal custodian of

64

a child or, in the absence of a parent or legal custodian, the

65

person responsible for the child's welfare, while being able,

66

makes no provision for the child's support and makes no effort to

67

communicate with the child, which situation is sufficient to

68

evince a willful rejection of parental obligation. If the efforts

69

of the parent or legal custodian or person primarily responsible

70

for the child's welfare to support and communicate with the child

71

are only marginal efforts that do not evince a settled purpose to

72

assume all parental duties, the child may be determined to have

73

been abandoned. The term "abandoned" does not include an

74

abandoned newborn infant as described in s. 383.50.

75

     (g)  Exposes a child to a controlled substance or alcohol.

76

Exposure to a controlled substance or alcohol is established by:

77

     1. A test, administered at birth, which indicated that the

78

child's blood, urine, or meconium contained any amount of alcohol

79

or a controlled substance or metabolites of such substances, the

80

presence of which was not the result of medical treatment

81

administered to the mother or the newborn infant Use by the

82

mother of a controlled substance or alcohol during pregnancy when

83

the child, at birth, is demonstrably adversely affected by such

84

usage; or

85

     2. Evidence of extensive, abusive, and Continued chronic

86

and severe use of a controlled substance or alcohol by a parent

87

when the child is demonstrably adversely affected by such usage.

88

89

As used in this paragraph, the term "controlled substance" means

90

prescription drugs not prescribed for the parent or not

91

administered as prescribed and controlled substances as outlined

92

in Schedule I or Schedule II of s. 893.03.

93

     Section 2.  Subsection (16) is added to section 39.0121,

94

Florida Statutes, to read:

95

     39.0121  Specific rulemaking authority.--Pursuant to the

96

requirements of s. 120.536, the department is specifically

97

authorized to adopt, amend, and repeal administrative rules which

98

implement or interpret law or policy, or describe the procedure

99

and practice requirements necessary to implement this chapter,

100

including, but not limited to, the following:

101

     (16) Provisions for reporting, locating, recovering, and

102

stabilizing children whose whereabouts become unknown while they

103

are involved with the department and for preventing recurrences

104

of such incidents. At a minimum, the rules must:

105

     (a) Provide comprehensive, explicit, and consistent

106

guidelines to be followed by the department's employees and

107

contracted providers when the whereabouts of a child involved

108

with the department is unknown.

109

     (b) Include criteria to determine when a child is missing

110

for purposes of making a report to a law enforcement agency, and

111

require that in all cases in which a law enforcement agency has

112

accepted a case for criminal investigation pursuant to s.

113

39.301(2)(c) and the child's whereabouts are unknown, the child

114

shall be considered missing and a report made.

115

     (c) Include steps to be taken by employees and contracted

116

providers to ensure and provide evidence that parents and

117

guardians have been advised of the requirements of s. 787.04(3)

118

and that violations are reported.

119

     Section 3.  Subsection (1) of section 39.0138, Florida

120

Statutes, is amended to read:

121

     39.0138  Criminal history records check; limit on placement

122

of a child.--

123

     (1)  The department shall conduct a criminal history records

124

check on for all persons being considered by the department for

125

approval for placement of a child subject to a placement decision

126

under this chapter, including all nonrelative placement

127

decisions, all members of the household of the person being

128

considered, and frequent visitors to the household. For purposes

129

of this section, a criminal history records check may include,

130

but is not limited to, submission of fingerprints to the

131

Department of Law Enforcement for processing and forwarding to

132

the Federal Bureau of Investigation for state and national

133

criminal history information, and local criminal records checks

134

through local law enforcement agencies. A criminal history

135

records check must also include a search of the department's

136

automated abuse information system. The department shall

137

establish by rule standards for evaluating any information

138

contained in the automated system relating to a person who must

139

be screened for purposes of making a placement decision.

140

     Section 4.  Section 39.0141, Florida Statutes, is created to

141

read:

142

     39.0141 Missing children; report required.--Whenever the

143

whereabouts of a child involved with the department becomes

144

unknown, the department, the community-based care provider, or

145

the sheriff's office providing investigative services for the

146

department shall make reasonable efforts, as defined by rule, to

147

locate the child. If, pursuant to criteria established by rule,

148

the child is determined to be missing, the department, the

149

community-based care provider, or the sheriff's office shall file

150

a report that the child is missing in accordance with s. 937.021.

151

     Section 5.  Subsections (2), (4), and (7) of section 39.201,

152

Florida Statutes, are amended to read:

153

     39.201  Mandatory reports of child abuse, abandonment, or

154

neglect; mandatory reports of death; central abuse hotline.--

155

     (2)(a)  Each report of known or suspected child abuse,

156

abandonment, or neglect by a parent, legal custodian, caregiver,

157

or other person responsible for the child's welfare as defined in

158

this chapter, except those solely under s. 827.04(3), and each

159

report that a child is in need of supervision and care and has no

160

parent, legal custodian, or responsible adult relative

161

immediately known and available to provide supervision and care

162

shall be made immediately to the department's central abuse

163

hotline. Such reports may be made on the single statewide toll-

164

free telephone number or by fax or e-mail. Personnel at the

165

department's central abuse hotline shall determine if the report

166

received meets the statutory definition of child abuse,

167

abandonment, or neglect. Any report meeting one of these

168

definitions shall be accepted for the protective investigation

169

pursuant to part III of this chapter.

170

     (b)  If the report is of an instance of known or suspected

171

child abuse by someone other than a parent, legal custodian,

172

caregiver, or other person responsible for the child's welfare as

173

defined in this chapter, the call or report shall be immediately

174

electronically transferred to the appropriate county sheriff's

175

office by the central abuse hotline.

176

     (c)  If the report is of an instance of known or suspected

177

child abuse, abandonment, or neglect that occurred out of state

178

and the alleged perpetrator and the child alleged to be a victim

179

live out of state, the central abuse hotline may shall not accept

180

the call or report for investigation, but shall transfer the

181

information on the report to the appropriate state.

182

     (d)  If the report is of an instance of known or suspected

183

child abuse involving impregnation of a child under 16 years of

184

age by a person 21 years of age or older solely under s.

185

827.04(3), the report shall be made immediately to the

186

appropriate county sheriff's office or other appropriate law

187

enforcement agency. If the report is of an instance of known or

188

suspected child abuse solely under s. 827.04(3), the reporting

189

provisions of this subsection do not apply to health care

190

professionals or other persons who provide medical or counseling

191

services to pregnant children when such reporting would interfere

192

with the provision of medical services.

193

     (e)  Reports involving known or suspected institutional

194

child abuse or neglect shall be made and received in the same

195

manner as all other reports made pursuant to this section.

196

     (f)  Reports involving a known or suspected juvenile sexual

197

offender or a child who has exhibited inappropriate sexual

198

behavior shall be made and received by the department.

199

1.  The department shall determine the age of the alleged

200

juvenile sexual offender, if known.

201

2. If When the alleged juvenile sexual offender is 12 years

202

of age or younger, the central abuse hotline shall immediately

203

electronically transfer the call or report to the appropriate law

204

enforcement agency office. The department shall conduct an

205

assessment and assist the family in receiving appropriate

206

services pursuant to s. 39.307, and send a written report of the

207

allegation to the appropriate county sheriff's office within 48

208

hours after the initial report is made to the central abuse

209

hotline.

210

     3. If When the alleged juvenile sexual offender is 13 years

211

of age or older, the central abuse hotline department shall

212

immediately electronically transfer the call or report to the

213

appropriate county sheriff's office by the central abuse hotline,

214

and send a written report to the appropriate county sheriff's

215

office within 48 hours after the initial report to the central

216

abuse hotline.

217

     (g)  Reports involving abandoned newborn infants as

218

described in s. 383.50 shall be made and received by the

219

department.

220

     1.  If the report is of an abandoned newborn infant as

221

described in s. 383.50 and there is no indication of abuse,

222

neglect, or abandonment other than that necessarily entailed in

223

the infant having been left at a hospital, emergency medical

224

services station, or fire station, the department shall provide

225

to the caller the name of a licensed child-placing agency on a

226

rotating basis from a list of licensed child-placing agencies

227

eligible and required to accept physical custody of and to place

228

newborn infants left at a hospital, emergency medical services

229

station, or fire station. The report may shall not be considered

230

a report of abuse, neglect, or abandonment solely because the

231

infant has been left at a hospital, emergency medical services

232

station, or fire station pursuant to s. 383.50.

233

     2. If the call, fax, or e-mail includes caller reports

234

indications of abuse or neglect beyond that necessarily entailed

235

in the infant having been left at a hospital, emergency medical

236

services station, or fire station, the report shall be considered

237

as a report of abuse, neglect, or abandonment and is shall be

238

subject to the requirements of s. 39.395 and all other relevant

239

provisions of this chapter, notwithstanding any provisions of

240

chapter 383.

241

     (h)  Hotline counselors shall receive periodic training in

242

encouraging reporters to provide their names when reporting

243

abuse, abandonment, or neglect. Callers shall be advised of the

244

confidentiality provisions of s. 39.202. The department shall

245

secure and install electronic equipment that automatically

246

provides to the hotline the number from which the call or fax is

247

placed, or the Internet protocol (IP) address from which the e-

248

mail report is received. This number or address shall be entered

249

into the report of abuse, abandonment, or neglect and become a

250

part of the record of the report, but shall enjoy the same

251

confidentiality as provided to the identity of the reporter

252

caller pursuant to s. 39.202.

253

     (i)  The department shall voice-record all incoming or

254

outgoing calls that are received or placed by the central abuse

255

hotline and shall maintain an electronic copy of each fax or e-

256

mail that relates which relate to suspected or known child abuse,

257

neglect, or abandonment. The recording or electronic copy of each

258

fax and e-mail shall become a part of the record of the report

259

but, notwithstanding s. 39.202, shall be released in full only to

260

law enforcement agencies and state attorneys for the purpose of

261

investigating and prosecuting criminal charges pursuant to s.

262

39.205, or to employees of the department for the purpose of

263

investigating and seeking administrative penalties pursuant to s.

264

39.206. Nothing in This paragraph does not shall prohibit the use

265

of the recordings or electronic copies of faxes or e-mails by

266

hotline staff for quality assurance and training.

267

     (4)  The department shall establish and maintain a central

268

abuse hotline to receive all reports made pursuant to this

269

section in writing, by fax or e-mail, or through a single

270

statewide toll-free telephone number, which any person may use to

271

report known or suspected child abuse, abandonment, or neglect at

272

any hour of the day or night, any day of the week. The central

273

abuse hotline shall be operated in such a manner as to enable the

274

department to:

275

     (a)  Immediately identify and locate prior reports or cases

276

of child abuse, abandonment, or neglect through the use

277

utilization of the department's automated tracking system.

278

     (b)  Monitor and evaluate the effectiveness of the

279

department's program for reporting and investigating suspected

280

abuse, abandonment, or neglect of children through the

281

development and analysis of statistical and other information.

282

     (c)  Track critical steps in the investigative process to

283

ensure compliance with all requirements for any report of abuse,

284

abandonment, or neglect.

285

     (d)  Maintain and produce aggregate statistical reports

286

monitoring patterns of child abuse, child abandonment, and child

287

neglect. The department shall collect and analyze child-on-child

288

sexual abuse reports and include the information in aggregate

289

statistical reports.

290

     (e)  Serve as a resource for the evaluation, management, and

291

planning of preventive and remedial services for children who

292

have been subject to abuse, abandonment, or neglect.

293

     (f)  Initiate and enter into agreements with other states

294

for the purpose of gathering and sharing information contained in

295

reports on child maltreatment to further enhance programs for the

296

protection of children.

297

     (7)  On an ongoing basis, the department's quality assurance

298

program shall review calls and reports to the hotline involving

299

three or more unaccepted reports on a single child, where

300

jurisdiction applies, in order to detect such things as

301

harassment and situations that warrant an investigation because

302

of the frequency or variety of the source of the reports. The

303

Program Director for Family Safety may refer a case for

304

investigation when it is determined, as a result of this review,

305

that an investigation may be warranted.

306

     Section 6.  Subsections (1) and (16) of section 39.301,

307

Florida Statutes, are amended to read:

308

     39.301  Initiation of protective investigations.--

309

     (1) Upon receiving a an oral or written report of known or

310

suspected child abuse, abandonment, or neglect, or that a child

311

is in need of supervision and care and has no parent, legal

312

custodian, or responsible adult relative immediately known and

313

available to provide supervision and care, the central abuse

314

hotline shall determine if the report requires an immediate

315

onsite protective investigation. For reports requiring an

316

immediate onsite protective investigation, the central abuse

317

hotline shall immediately notify the department's designated

318

children and families district staff responsible for protective

319

investigations to ensure that an onsite investigation is promptly

320

initiated. For reports not requiring an immediate onsite

321

protective investigation, the central abuse hotline shall notify

322

the department's designated children and families district staff

323

responsible for protective investigations in sufficient time to

324

allow for an investigation. At the time of notification of

325

district staff with respect to the report, the central abuse

326

hotline shall also provide information to district staff on any

327

previous report concerning a subject of the present report or any

328

pertinent information relative to the present report or any noted

329

earlier reports.

330

     (16) The department shall complete its protective

331

investigation within No later than 60 days after receiving the

332

initial report, unless: the local office of the department shall

333

complete its investigation.

334

     (a) There is also an active, concurrent criminal

335

investigation that is continuing beyond the 60-day period and the

336

closure of the protective investigation may compromise successful

337

criminal prosecution of the child abuse or neglect case, in which

338

case the closure date shall coincide with the closure date of the

339

criminal investigation and any resulting legal action.

340

     (b) In child death cases, the final report of the medical

341

examiner is necessary for the department to close its

342

investigation, and the report has not been received within the

343

60-day period, in which case the report closure date shall be

344

extended to accommodate to the report.

345

     (c) A child who is necessary to an investigation has been

346

declared missing by the department, a law enforcement agency, or

347

a court, in which case the 60-day period shall be extended until

348

the child has been located or until sufficient information exists

349

to close the investigation despite the unknown location of the

350

child.

351

     Section 7.  Subsections (2), (3), (4), and (5) of section

352

39.307, Florida Statutes, are amended to read:

353

     39.307  Reports of child-on-child sexual abuse.--

354

     (2)  District staff, at a minimum, shall adhere to the

355

following procedures:

356

     (a)  The purpose of the response to a report alleging

357

juvenile sexual abuse behavior shall be explained to the

358

caregiver.

359

     1.  The purpose of the response shall be explained in a

360

manner consistent with legislative purpose and intent provided in

361

this chapter.

362

     2.  The name and office telephone number of the person

363

responding shall be provided to the caregiver of the alleged

364

juvenile sexual offender or child who has exhibited inappropriate

365

sexual behavior and the victim's caregiver.

366

     3.  The possible consequences of the department's response,

367

including outcomes and services, shall be explained to the

368

caregiver of the alleged juvenile sexual offender or child who

369

has exhibited inappropriate sexual behavior and the victim's

370

family or caregiver.

371

     (b)  The caregiver of the alleged juvenile sexual offender

372

or child who has exhibited inappropriate sexual behavior and the

373

victim's caregiver of the victim shall be involved to the fullest

374

extent possible in determining the nature of the allegation and

375

the nature of any problem or risk to other children.

376

     (c)  The assessment of risk and the perceived treatment

377

needs of the alleged juvenile sexual offender or child who has

378

exhibited inappropriate sexual behavior, the victim, and

379

respective caregivers shall be conducted by the district staff,

380

the child protection team of the Department of Health, and other

381

providers under contract with the department to provide services

382

to the caregiver of the alleged offender, the victim, and the

383

victim's caregiver.

384

     (d)  The assessment shall be conducted in a manner that is

385

sensitive to the social, economic, and cultural environment of

386

the family.

387

     (e) If When necessary, the child protection team of the

388

Department of Health shall conduct a physical examination of the

389

victim, which is sufficient to meet forensic requirements.

390

     (f)  Based on the information obtained from the alleged

391

juvenile sexual offender or child who has exhibited inappropriate

392

sexual behavior, his or her the alleged juvenile sexual

393

offender's caregiver, the victim, and the victim's caregiver, an

394

assessment service and treatment needs report must be completed

395

within 7 days and, if needed, a case plan developed within 30

396

days.

397

     (g) The department shall classify the outcome of its

398

initial assessment of the report as follows:

399

     1. Report closed. Services were not offered to the alleged

400

juvenile sexual offender because the department determined that

401

there was no basis for intervention.

402

     2.  Services accepted by alleged offender. Services were

403

offered to the alleged juvenile sexual offender or child who has

404

exhibited inappropriate sexual behavior and accepted by the

405

caregiver.

406

     3.  Report closed. Services were offered to the alleged

407

juvenile sexual offender or child who has exhibited inappropriate

408

sexual behavior, but were rejected by the caregiver.

409

     4. Notification to law enforcement. Either The risk to the

410

victim's safety and well-being cannot be reduced by the provision

411

of services or the caregiver family rejected services, and

412

notification of the alleged delinquent act or violation of law to

413

the appropriate law enforcement agency was initiated.

414

     5.  Services accepted by victim. Services were offered to

415

the victim of the alleged juvenile sexual offender and accepted

416

by the caregiver.

417

     6. Report closed. Services were offered to the victim of

418

the alleged juvenile sexual offender, but were rejected by the

419

caregiver.

420

     (3) If When services have been accepted by the alleged

421

juvenile sexual offender or child who has exhibited inappropriate

422

sexual behavior, the victim, and respective caregivers or family,

423

the department shall designate a case manager and develop a

424

specific case plan.

425

     (a) Upon receipt of the plan, the caregiver or family shall

426

indicate its acceptance of the plan in writing.

427

     (b)  The case manager shall periodically review the progress

428

toward achieving the objectives of the plan in order to:

429

     1.  Make adjustments to the plan or take additional action

430

as provided in this part; or

431

     2. Terminate the case if when indicated by successful or

432

substantial achievement of the objectives of the plan.

433

     (4) Services provided to the alleged juvenile sexual

434

offender or child who has exhibited inappropriate sexual

435

behavior, the victim, and respective caregivers or family must be

436

voluntary and of necessary duration.

437

     (5)(4) If In the event the family or caregiver of the

438

alleged juvenile sexual offender or child who has exhibited

439

inappropriate sexual behavior fails to adequately participate or

440

allow for the adequate participation of the child juvenile sexual

441

offender in the services or treatment delineated in the case

442

plan, the case manager may recommend that the department:

443

     (a)  Close the case;

444

     (b)  Refer the case to mediation or arbitration, if

445

available; or

446

     (c)  Notify the appropriate law enforcement agency of

447

failure to comply.

448

     (5) Services to the alleged juvenile sexual offender, the

449

victim, and respective caregivers or family under this section

450

shall be voluntary and of necessary duration.

451

     Section 8.  Subsections (2) and (3) of section 39.401,

452

Florida Statutes, are amended, and subsection (5) is added to

453

that section, to read:

454

     39.401  Taking a child alleged to be dependent into custody;

455

law enforcement officers and authorized agents of the

456

department.--

457

     (2)  If the law enforcement officer takes the child into

458

custody, that officer shall:

459

     (a)  Release the child to:

460

     1.  The parent or legal custodian of the child;

461

     2.  A responsible adult approved by the court when limited

462

to temporary emergency situations;

463

     3.  A responsible adult relative who shall be given priority

464

consideration over a nonrelative placement when this is in the

465

best interests of the child; or

466

     4. The adoptive parent of the child's sibling, if such

467

sibling was previously adopted, who shall be given priority

468

consideration over a nonrelative placement if it is in the best

469

interest of the child to do so; or

470

     5.4. A responsible adult approved by the department; or

471

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

472

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

473

taken into custody and sufficient information to establish

474

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

475

or otherwise dependent.

476

477

For cases involving allegations of abandonment, abuse, or

478

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

479

release or within 3 days after delivering the child to an

480

authorized agent of the department, the law enforcement officer

481

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

482

to the department.

483

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

484

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

485

shall review the facts supporting the removal with an attorney

486

representing the department. The purpose of the this review is

487

shall be to determine whether there is probable cause exists for

488

the filing of a shelter petition.

489

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

490

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

491

the custody of the parent or legal custodian.

492

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

493

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

494

custody of the parent or legal custodian, the department shall

495

file the petition and schedule a hearing, and the attorney

496

representing the department shall request that a shelter hearing

497

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

498

after the removal of the child. While awaiting the shelter

499

hearing, the authorized agent of the department may place the

500

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

501

parent or legal custodian or responsible adult relative who shall

502

be given priority consideration over a licensed placement, or a

503

responsible adult approved by the department if when this is in

504

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

505

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

506

history records check as required under s. 39.0138 local and

507

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

508

department's automated abuse information system, on all members

509

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

510

In addition, the department may authorize placement of a

511

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

512

dependent until the parent or legal custodian assumes care of the

513

child.

514

     (5) Judicial review and approval is required within 24

515

hours after placement for all nonrelative placements. A

516

nonrelative placement must be for a specific and predetermined

517

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

518

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

519

continues for longer than 12 months, the department shall request

520

the court to establish permanent guardianship or require that the

521

nonrelative seek licensure as a foster care provider within 30

522

days after the court decision.

523

     Section 9.  Subsection (17) of section 39.502, Florida

524

Statutes, is amended to read:

525

     39.502  Notice, process, and service.--

526

     (17)  The parent or legal custodian of the child, the

527

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

528

preadoptive parents, and all other parties and participants shall

529

be given reasonable notice of all proceedings and hearings

530

provided for under this part. All foster or preadoptive parents

531

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

532

writing, of all proceedings or hearings relating to children in

533

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

534

ability to provide input to the court.

535

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

536

Statutes, is amended to read:

537

     39.503  Identity or location of parent unknown; special

538

procedures.--

539

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

540

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

541

or prospective parent made known to the petitioner, inquiries of

542

all offices of program areas of the department likely to have

543

information about the parent or prospective parent, inquiries of

544

other state and federal agencies likely to have information about

545

the parent or prospective parent, inquiries of appropriate

546

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

547

electronic database specifically designed for locating persons,

548

and inquiries of appropriate law enforcement agencies. Pursuant

549

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

550

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

551

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

552

parent locator service for diligent search activities.

553

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

554

read:

555

     39.504  Injunction pending disposition of petition;

556

penalty.--

557

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

558

been initiated pursuant to part III of this chapter When a

559

petition for shelter placement or a petition for dependency has

560

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

561

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

562

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

563

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

564

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

565

authority to issue an injunction to prevent any act of child

566

abuse or any unlawful sexual offense involving a child.

567

     (b) Reasonable cause for the issuance of an injunction

568

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

569

offense involving a child or if there is a reasonable likelihood

570

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

571

or failure to act.

572

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

573

the Florida Rules of Juvenile Procedure, unless the child is

574

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

575

issue an injunction immediately. A judge may issue an emergency

576

injunction pursuant to this section without notice if at times

577

when the court is closed for the transaction of judicial

578

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

579

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

580

business either to dissolve the injunction or to continue or

581

modify it in accordance with the other provisions of this

582

section.

583

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

584

issued under this section, the primary purpose of the injunction

585

must be shall be primarily to protect and promote the best

586

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

587

immediate family into consideration. The effective period of the

588

injunction shall be determined by the court, except that the

589

injunction will expire at the time of the disposition of the

590

petition for shelter placement or dependency.

591

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

592

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

593

unlawful sexual offense involving a child. The conditions of the

594

injunction shall be determined by the court, which conditions may

595

include ordering the alleged or actual offender to:

596

     1. Refrain from further abuse or acts of domestic violence

597

unlawful sexual activity involving a child.

598

     2.  Participate in a specialized treatment program.

599

     3.  Limit contact or communication with the child victim,

600

other children in the home, or any other child.

601

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

602

or wherever the child may be found.

603

     5.  Have limited or supervised visitation with the child.

604

     6.  Pay temporary support for the child or other family

605

members; the costs of medical, psychiatric, and psychological

606

treatment for the child victim incurred as a result of the

607

offenses; and similar costs for other family members.

608

     7.  Vacate the home in which the child resides.

609

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

610

child from domestic violence, the conditions may also include:

611

     1. Awarding the exclusive use and possession of the

612

dwelling to the caregiver or excluding the alleged or actual

613

offender from the residence of the caregiver.

614

     2. Awarding temporary custody of the child to the

615

caregiver.

616

     3. Establishing temporary support for the child. At any

617

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

618

actual offender may offer the court evidence of changed

619

circumstances as a ground to dissolve or modify the injunction.

620

621

This paragraph does not preclude the adult victim of domestic

622

violence from seeking protection under s. 741.30.

623

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

624

until modified or dissolved by the court. The petitioner,

625

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

626

dissolve the injunction. The injunction is valid and enforceable

627

in all counties in the state.

628

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

629

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

630

any injunction issued pursuant to this section shall be delivered

631

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

632

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

633

respondent, and to any law enforcement agency having jurisdiction

634

to enforce such injunction. Law enforcement officers may exercise

635

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

636

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

637

appropriate law enforcement agency, the agency shall have the

638

duty and responsibility to enforce the injunction.

639

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

640

issued pursuant to this section commits is guilty of a

641

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

642

775.082 or s. 775.083.

643

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

644

Statutes, is amended to read:

645

     39.507  Adjudicatory hearings; orders of adjudication.--

646

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

647

dependency case, only one order adjudicating each child in the

648

case dependent shall be entered. This order establishes the legal

649

status of the child for purposes of proceedings under this

650

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

651

parents, or a legal custodian.

652

(b) Upon a properly noticed motion, a subsequent

653

evidentiary hearing may be held regarding the conduct of one

654

parent, both parents, or a custodian. With court approval,

655

supplemental findings made beyond a preponderance of the evidence

656

may be entered. The child's dependency status may not be retried

657

or readjudicated.

658

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

659

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

660

parents whether the parents have relatives who might be

661

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

662

the parents that, if the parents fail to substantially comply

663

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

664

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

665

parent or parents shall provide to the court and all parties

666

identification and location information of the relatives.

667

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

668

section 39.521, Florida Statutes, are amended to read:

669

     39.521  Disposition hearings; powers of disposition.--

670

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

671

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

672

dependency were proven in the adjudicatory hearing, or if the

673

parents or legal custodians have consented to the finding of

674

dependency or admitted the allegations in the petition, have

675

failed to appear for the arraignment hearing after proper notice,

676

or have not been located despite a diligent search having been

677

conducted.

678

     (a)  A written case plan and a predisposition study prepared

679

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

680

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

681

representative of the guardian ad litem program, if the program

682

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

683

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

684

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

685

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

686

hearing within 30 days after the disposition hearing to review

687

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

688

the requirement for a predisposition study by separate order or

689

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

690

family and child information required by subsection (2) is

691

available in other documents filed with the court.

692

     (f)  If the court places the child in an out-of-home

693

placement, the disposition order must include a written

694

determination that the child cannot safely remain at home with

695

reunification or family preservation services and that removal of

696

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

697

been removed before the disposition hearing, the order must also

698

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

699

department has made a reasonable effort to reunify the parent and

700

child, if reasonable efforts are required. Reasonable efforts to

701

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

702

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

703

occurred. The department has the burden of demonstrating that it

704

has made reasonable efforts under this paragraph.

705

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

706

effort" means the exercise of reasonable diligence and care by

707

the department to provide the services ordered by the court or

708

delineated in the case plan.

709

     2.  In support of its determination as to whether reasonable

710

efforts have been made, the court shall:

711

     a. Enter written findings as to whether or not prevention

712

or reunification efforts were indicated.

713

     b.  If prevention or reunification efforts were indicated,

714

include a brief written description of what appropriate and

715

available prevention and reunification efforts were made.

716

     c.  Indicate in writing why further efforts could or could

717

not have prevented or shortened the separation of the parent and

718

child.

719

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

720

reasonable effort to prevent or eliminate the need for removal

721

if:

722

     a.  The first contact of the department with the family

723

occurs during an emergency;

724

     b.  The appraisal by the department of the home situation

725

indicates that it presents a substantial and immediate danger to

726

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

727

cannot be mitigated by the provision of preventive services;

728

     c. The child cannot safely remain at home, either because

729

there are no preventive services that can ensure the health and

730

safety of the child or, even with appropriate and available

731

services being provided, the health and safety of the child

732

cannot be ensured; or

733

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

734

listed as grounds for expedited termination of parental rights

735

under s. 39.806(1)(f)-(l) in s. 39.806(1)(f)-(i).

736

     4.  A reasonable effort by the department for reunification

737

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

738

home situation by the department indicates that the severity of

739

the conditions of dependency is such that reunification efforts

740

are inappropriate. The department has the burden of demonstrating

741

to the court that reunification efforts were inappropriate.

742

     5.  If the court finds that the prevention or reunification

743

effort of the department would not have permitted the child to

744

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

745

temporary legal custody of the department or take any other

746

action authorized by this chapter.

747

     Section 14.  Subsection (6) of section 39.621, Florida

748

Statutes, is amended to read:

749

     39.621  Permanency determination by the court.--

750

     (6)  If a child will not be reunited with a parent,

751

adoption, under chapter 63, is the primary permanency option. If

752

the child is a sibling of a previously adopted child and the

753

child becomes available for adoption, the adoptive parent of the

754

previously placed sibling shall be offered the opportunity to

755

apply to adopt the child and the adoptive parent's application

756

shall be given the same consideration as a relative's application

757

for adoption. If the child is placed with a relative or with a

758

relative of the child's half-brother or half-sister as a

759

permanency option, the court may recognize the permanency of this

760

placement without requiring the relative to adopt the child. If

761

the court approves a permanency goal of permanent guardianship of

762

a dependent child, placement with a fit and willing relative, or

763

another planned permanent living arrangement, the court shall

764

make findings as to why this permanent placement is established

765

without adoption of the child to follow. If the court approves a

766

permanency goal of another planned permanent living arrangement,

767

the court shall document the compelling reasons for choosing this

768

goal.

769

     Section 15.  Subsection (5) of section 39.701, Florida

770

Statutes, is amended to read:

771

     39.701  Judicial review.--

772

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

773

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

774

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

775

following persons regardless of whether the person was present at

776

the previous hearing at which the date, time, and location of the

777

hearing was announced:

778

     (a)  The social service agency charged with the supervision

779

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

780

not the movant.

781

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

782

child resides.

783

     (c)  The parents.

784

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

785

representative of the guardian ad litem program if the program

786

has been appointed.

787

     (e) The attorney for the child.

788

     (f) The child, if the child is 15 years of age or older.

789

     (g)(e) Any preadoptive parent.

790

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

791

discretion direct.

792

793

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

794

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

795

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

796

was announced.

797

     Section 16.  Subsection (1) of section 39.8055, Florida

798

Statutes, is amended to read:

799

     39.8055  Requirement to file a petition to terminate

800

parental rights; exceptions.--

801

     (1)  The department shall file a petition to terminate

802

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

803

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

804

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

805

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

806

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

807

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

808

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

809

including any trial home visits or time during which the child

810

was a runaway;

811

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

812

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

813

murder, or conspiracy or solicitation to murder the other parent

814

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

815

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

816

child of the parent; or

817

     (d)  A court determines that reasonable efforts to reunify

818

the child and parent are not required.

819

     Section 17.  Paragraphs (e) though (h) of subsection (1) of

820

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

821

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

822

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

823

     39.806  Grounds for termination of parental rights.--

824

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

825

established under any of the following circumstances:

826

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

827

plan has been filed with the court, and the parent or parents

828

have materially breached the case plan. For purposes of this

829

subsection, the term "materially breached" means:

830

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

831

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

832

the parent or parents to substantially comply for a period of 9-

833

months 12 months after an adjudication of the child as a

834

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

835

whichever occurs came first, constitutes evidence of continuing

836

abuse, neglect, or abandonment unless the failure to

837

substantially comply with the case plan was due either to the

838

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

839

failure of the department to make reasonable efforts to reunify

840

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

841

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

842

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

843

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

844

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

845

reunification with the parent, whichever occurs came first; or

846

     2. The parent or parents are unlikely or unable The parent

847

has materially breached the case plan by making it unlikely that

848

he or she will be able to substantially comply with the case plan

849

before the time for compliance expires; or. Time is of the

850

essence for permanency of children in the dependency system. In

851

order to prove the parent has materially breached the case plan,

852

the court must find by clear and convincing evidence that the

853

parent is unlikely or unable to substantially comply with the

854

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

855

     3. The parent or parents, although able, fail to maintain

856

frequent and regular contact with the child through frequent and

857

regular visitation or communication.

858

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

859

or had the opportunity and capability to prevent and knowingly

860

failed to prevent egregious conduct that threatens the life,

861

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

862

the child's sibling.

863

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

864

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

865

parents regardless of whether the child is related legally or by

866

consanguinity.

867

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

868

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

869

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

870

a normal standard of conduct. Egregious conduct may include an

871

act or omission that occurred only once but was of such

872

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

873

child.

874

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

875

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

876

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

877

abuse.

878

     (h) When The parent or parents have been convicted of the

879

murder, manslaughter, aiding or abetting the murder, or

880

conspiracy or solicitation to murder the other parent or another

881

child, or a felony battery that resulted in serious bodily injury

882

to the child or to another child committed murder or voluntary

883

manslaughter of another child, or a felony assault that results

884

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

885

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

886

murder or voluntary manslaughter or felony assault.

887

     (i) When The parental rights of the parent to a sibling of

888

the child have been terminated involuntarily.

889

     (j) The parent or parents have a history of extensive,

890

abusive, and chronic use of alcohol or a controlled substance

891

which renders them incapable of caring for the child, and have

892

refused or failed to complete available treatment for such use

893

during the 3-year period immediately preceding the filing of the

894

petition for termination of parental rights.

895

     (k) A test administered at birth that indicated that the

896

child's blood, urine, or meconium contained any amount of alcohol

897

or a controlled substance or metabolites of such substances, the

898

presence of which was not the result of medical treatment

899

administered to the mother or the newborn infant, and the

900

biological mother of the child is the biological mother of at

901

least one other child who was adjudicated dependent after a

902

finding of harm to the child's health or welfare due to exposure

903

to a controlled substance or alcohol as defined in s.

904

39.01(31)(g), after which the biological mother had the

905

opportunity to participate in substance abuse treatment.

906

     (l) On three or more occasions the child or another child

907

of the parent or parents has been placed in out-of-home care

908

pursuant to this chapter, and the conditions that led to the

909

child's out-of-home placement were caused by the parent or

910

parents.

911

     (2)  Reasonable efforts to preserve and reunify families are

912

not required if a court of competent jurisdiction has determined

913

that any of the events described in paragraphs (1)(e)-(l) (1)(e)-

914

(i) have occurred.

915

     (3) If When a petition for termination of parental rights

916

is filed under subsection (1), a separate petition for dependency

917

need not be filed and the department need not offer the parents a

918

case plan having with a goal of reunification, but may instead

919

file with the court a case plan having with a goal of termination

920

of parental rights to allow continuation of services until the

921

termination is granted or until further orders of the court are

922

issued.

923

     (4) If When an expedited termination of parental rights

924

petition is filed, reasonable efforts shall be made to place the

925

child in a timely manner in accordance with the permanency plan,

926

and to complete whatever steps are necessary to finalize the

927

permanent placement of the child.

928

     Section 18.  Section 39.810, Florida Statutes, is amended to

929

read:

930

     39.810  Manifest best interests of the child.--In a hearing

931

on a petition for termination of parental rights, the court shall

932

consider the manifest best interests of the child. This

933

consideration shall not include a comparison between the

934

attributes of the parents and those of any persons providing a

935

present or potential placement for the child. For the purpose of

936

determining the manifest best interests of the child, the court

937

shall consider and evaluate all relevant factors, including, but

938

not limited to:

939

     (1)  Any suitable permanent custody arrangement with a

940

relative of the child. However, the availability of a nonadoptive

941

placement with a relative may not receive greater consideration

942

than any other factor weighing on the manifest best interest of

943

the child and may not be considered as a factor weighing against

944

termination of parental rights. If a child has been in a stable

945

or preadoptive placement for not less than 6 months, the

946

availability of a different placement, including a placement with

947

a relative, may not be considered as a ground to deny the

948

termination of parental rights.

949

     (2)  The ability and disposition of the parent or parents to

950

provide the child with food, clothing, medical care or other

951

remedial care recognized and permitted under state law instead of

952

medical care, and other material needs of the child.

953

     (3)  The capacity of the parent or parents to care for the

954

child to the extent that the child's safety, well-being, and

955

physical, mental, and emotional health will not be endangered

956

upon the child's return home.

957

     (4)  The present mental and physical health needs of the

958

child and such future needs of the child to the extent that such

959

future needs can be ascertained based on the present condition of

960

the child.

961

     (5)  The love, affection, and other emotional ties existing

962

between the child and the child's parent or parents, siblings,

963

and other relatives, and the degree of harm to the child that

964

would arise from the termination of parental rights and duties.

965

     (6)  The likelihood of an older child remaining in long-term

966

foster care upon termination of parental rights, due to emotional

967

or behavioral problems or any special needs of the child.

968

     (7)  The child's ability to form a significant relationship

969

with a parental substitute and the likelihood that the child will

970

enter into a more stable and permanent family relationship as a

971

result of permanent termination of parental rights and duties.

972

     (8)  The length of time that the child has lived in a

973

stable, satisfactory environment and the desirability of

974

maintaining continuity.

975

     (9)  The depth of the relationship existing between the

976

child and the present custodian.

977

     (10)  The reasonable preferences and wishes of the child, if

978

the court deems the child to be of sufficient intelligence,

979

understanding, and experience to express a preference.

980

     (11)  The recommendations for the child provided by the

981

child's guardian ad litem or legal representative.

982

983

If the court finds that termination of parental rights is in the

984

manifest best interests of the child, the court shall also find

985

that termination of parental rights is the least restrictive

986

means of protecting the child.

987

     Section 19.  Subsection (4) of section 322.142, Florida

988

Statutes, is amended to read:

989

     322.142  Color photographic or digital imaged licenses.--

990

     (4)  The department may maintain a film negative or print

991

file. The department shall maintain a record of the digital image

992

and signature of the licensees, together with other data required

993

by the department for identification and retrieval. Reproductions

994

from the file or digital record are exempt from the provisions of

995

s. 119.07(1) and shall be made and issued only for departmental

996

administrative purposes; for the issuance of duplicate licenses;

997

in response to law enforcement agency requests; to the Department

998

of State pursuant to an interagency agreement to facilitate

999

determinations of eligibility of voter registration applicants

1000

and registered voters in accordance with ss. 98.045 and 98.075;

1001

to the Department of Revenue pursuant to an interagency agreement

1002

for use in establishing paternity and establishing, modifying, or

1003

enforcing support obligations in Title IV-D cases; to the

1004

Department of Children and Family Services pursuant to an

1005

interagency agreement to conduct protective investigations under

1006

part III of chapter 39; or to the Department of Financial

1007

Services pursuant to an interagency agreement to facilitate the

1008

location of owners of unclaimed property, the validation of

1009

unclaimed property claims, and the identification of fraudulent

1010

or false claims, and are exempt from the provisions of s.

1011

119.07(1).

1012

     Section 20.  Section 402.401, Florida Statutes, is amended

1013

to read:

1014

     402.401  Florida Child Welfare Student Loan Forgiveness

1015

Program.--

1016

     (1) There is created the Florida Child Welfare Student Loan

1017

Forgiveness Program to be administered by the Department of

1018

Children and Family Services Education. The program shall provide

1019

loan reimbursement assistance to eligible employees in child

1020

welfare positions that are critical to the department's mission,

1021

as determined by the department, and that are within the

1022

department, sheriff's offices, or contracted community-based care

1023

agencies students for upper-division undergraduate and graduate

1024

study. The primary purpose of the program is to attract capable

1025

and promising students to the child welfare profession, increase

1026

employment and retention of individuals who are working towards

1027

or who have received either a bachelor's degree or a master's

1028

degree in social work, or any human services subject area that

1029

qualifies the individual for employment as a family services

1030

worker, and provide opportunities for persons making midcareer

1031

decisions to enter the child welfare profession. The State Board

1032

of Education shall adopt rules necessary to administer the

1033

program.

1034

     (2)(a) To be eligible for a program loan, the employee's

1035

outstanding student loans may not be in a default status. a

1036

candidate shall:

1037

     1. Be a full-time student at the upper-division

1038

undergraduate or graduate level in a social work program approved

1039

by the Council on Social Work Education leading to either a

1040

bachelor's degree or a master's degree in social work or an

1041

accredited human services degree program.

1042

     2. Have declared an intent to work in child welfare for at

1043

least the number of years for which a forgivable loan is received

1044

at the Department of Children and Family Services or its

1045

successor, or with an eligible lead community-based provider as

1046

defined in s. 409.1671.

1047

     3. If applying for an undergraduate forgivable loan, have

1048

maintained a minimum cumulative grade point average of at least a

1049

2.5 on a 4.0 scale for all undergraduate work. Renewal applicants

1050

for undergraduate loans shall have maintained a minimum

1051

cumulative grade point average of at least a 2.5 on a 4.0 scale

1052

for all undergraduate work and have earned at least 12 semester

1053

credits per term, or the equivalent.

1054

     4. If applying for a graduate forgivable loan, have

1055

maintained an undergraduate cumulative grade point average of at

1056

least a 3.0 on a 4.0 scale or have attained a Graduate Record

1057

Examination score of at least 1,000. Renewal applicants for

1058

graduate loans shall have maintained a minimum cumulative grade

1059

point average of at least a 3.0 on a 4.0 scale for all graduate

1060

work and have earned at least 9 semester credits per term, or the

1061

equivalent.

1062

     (b) An undergraduate forgivable loan may be awarded for 2

1063

undergraduate years, not to exceed $4,000 per year.

1064

     (c) A graduate forgivable loan may be awarded for 2

1065

graduate years, not to exceed $8,000 per year. In addition to

1066

meeting criteria specified in paragraph (a), a loan recipient at

1067

the graduate level shall:

1068

     1. Hold a bachelor's degree from a school or department of

1069

social work at any college or university accredited by the

1070

Council on Social Work Education, or hold a degree in a human

1071

services field from an accredited college or university.

1072

     2. Not have received an undergraduate forgivable loan as

1073

provided for in paragraph (b).

1074

     (d) The State Board of Education shall adopt by rule

1075

repayment schedules and applicable interest rates under ss.

1076

1009.82 and 1009.95. A forgivable loan must be repaid within 10

1077

years after completion of a program of studies.

1078

     1. Credit for repayment of an undergraduate or graduate

1079

forgivable loan shall be in an amount not to exceed $4,000 in

1080

loan principal plus applicable accrued interest for each full

1081

year of eligible service in the child welfare profession.

1082

     2. Any forgivable loan recipient who fails to work at the

1083

Department of Children and Family Services or its successor, or

1084

with an eligible lead community-based provider as defined in s.

1085

409.1671, is responsible for repaying the loan plus accrued

1086

interest at 8 percent annually.

1087

     3. Forgivable loan recipients may receive loan repayment

1088

credit for child welfare service rendered at any time during the

1089

scheduled repayment period. However, such repayment credit shall

1090

be applicable only to the current principal and accrued interest

1091

balance that remains at the time the repayment credit is earned.

1092

No loan recipient shall be reimbursed for previous cash payments

1093

of principal and interest.

1094

     (3) This section shall be implemented only as specifically

1095

funded.

1096

     Section 21.  Paragraphs (h) and (j) of subsection (1) of

1097

section 409.1671, Florida Statutes, are amended to read:

1098

     409.1671  Foster care and related services; outsourcing.--

1099

     (1)

1100

     (h)  Other than an entity to which s. 768.28 applies, any

1101

eligible lead community-based provider, as defined in paragraph

1102

(e), or its employees or officers, except as otherwise provided

1103

in paragraph (i), must, as a part of its contract, obtain a

1104

minimum of $1 million per claim/$3 million per incident in

1105

general liability insurance coverage. The eligible lead

1106

community-based provider must also require that staff who

1107

transport client children and families in their personal

1108

automobiles in order to carry out their job responsibilities

1109

obtain minimum bodily injury liability insurance in the amount of

1110

$100,000 per claim, $300,000 per incident, on their personal

1111

automobiles. In lieu of personal motor vehicle insurance, the

1112

lead community-based provider's casualty, liability, or motor

1113

vehicle insurance carrier may provide nonowned automobile

1114

liability coverage. This insurance provides liability insurance

1115

for automobiles that the provider uses in connection with the

1116

provider's business but does not own, lease, rent, or borrow.

1117

This coverage includes automobiles owned by the employees of the

1118

provider or a member of the employee's household but only while

1119

the automobiles are used in connection with the provider's

1120

business. The nonowned automobile coverage for the provider

1121

applies as excess coverage over any other collectible insurance.

1122

The personal automobile policy for the employee of the provider

1123

shall be primary insurance and the nonowned automobile coverage

1124

of the provider acts as excess insurance to the primary

1125

insurance. The provider shall provide a minimum limit of $1

1126

million in nonowned automobile coverage. In any tort action

1127

brought against such an eligible lead community-based provider or

1128

employee, net economic damages shall be limited to $1 million per

1129

liability claim and $100,000 per automobile claim, including, but

1130

not limited to, past and future medical expenses, wage loss, and

1131

loss of earning capacity, offset by any collateral source payment

1132

paid or payable. In any tort action brought against such an

1133

eligible lead community-based provider, noneconomic damages shall

1134

be limited to $200,000 per claim. A claims bill may be brought on

1135

behalf of a claimant pursuant to s. 768.28 for any amount

1136

exceeding the limits specified in this paragraph. Any offset of

1137

collateral source payments made as of the date of the settlement

1138

or judgment shall be in accordance with s. 768.76. The lead

1139

community-based provider shall not be liable in tort for the acts

1140

or omissions of its subcontractors or the officers, agents, or

1141

employees of its subcontractors.

1142

     (j)  Any subcontractor of an eligible lead community-based

1143

provider, as defined in paragraph (e), which is a direct provider

1144

of foster care and related services to children and families, and

1145

its employees or officers, except as otherwise provided in

1146

paragraph (i), must, as a part of its contract, obtain a minimum

1147

of $1 million per claim/$3 million per incident in general

1148

liability insurance coverage. The subcontractor of an eligible

1149

lead community-based provider must also require that staff who

1150

transport client children and families in their personal

1151

automobiles in order to carry out their job responsibilities

1152

obtain minimum bodily injury liability insurance in the amount of

1153

$100,000 per claim, $300,000 per incident, on their personal

1154

automobiles. In lieu of personal motor vehicle insurance, the

1155

subcontractor's casualty, liability, or motor vehicle insurance

1156

carrier may provide nonowned automobile liability coverage. This

1157

insurance provides liability insurance for automobiles that the

1158

subcontractor uses in connection with the subcontractor's

1159

business but does not own, lease, rent, or borrow. This coverage

1160

includes automobiles owned by the employees of the subcontractor

1161

or a member of the employee's household but only while the

1162

automobiles are used in connection with the subcontractor's

1163

business. The nonowned automobile coverage for the subcontractor

1164

applies as excess coverage over any other collectible insurance.

1165

The personal automobile policy for the employee of the

1166

subcontractor shall be primary insurance and the nonowned

1167

automobile coverage of the subcontractor acts as excess insurance

1168

to the primary insurance. The subcontractor shall provide a

1169

minimum limit of $1 million in nonowned automobile coverage. In

1170

any tort action brought against such subcontractor or employee,

1171

net economic damages shall be limited to $1 million per liability

1172

claim and $100,000 per automobile claim, including, but not

1173

limited to, past and future medical expenses, wage loss, and loss

1174

of earning capacity, offset by any collateral source payment paid

1175

or payable. In any tort action brought against such

1176

subcontractor, noneconomic damages shall be limited to $200,000

1177

per claim. A claims bill may be brought on behalf of a claimant

1178

pursuant to s. 768.28 for any amount exceeding the limits

1179

specified in this paragraph. Any offset of collateral source

1180

payments made as of the date of the settlement or judgment shall

1181

be in accordance with s. 768.76.

1182

     Section 22.  Paragraph (a) of subsection (4) of section

1183

409.175, Florida Statutes, is amended to read:

1184

     409.175  Licensure of family foster homes, residential

1185

child-caring agencies, and child-placing agencies; public records

1186

exemption.--

1187

     (4)(a)  A person, family foster home, or residential child-

1188

caring agency may shall not provide receive a child for

1189

continuing full-time child care or custody unless such person,

1190

home, or agency has first procured a license from the department

1191

to provide such care. This requirement does not apply to a person

1192

who is a relative of the child by blood, marriage, or adoption,

1193

or to a permanent legal guardian established under s. 39.6221, a

1194

person who has received the child from the department, a licensed

1195

child-placing agency, or an intermediary for the purposes of

1196

adoption pursuant to chapter 63.

1197

     Section 23.  Subsection (3) of section 787.04, Florida

1198

Statutes, is amended to read:

1199

     787.04  Removing minors from state or concealing minors

1200

contrary to state agency order or court order.--

1201

     (3) It is unlawful for any person, with criminal intent, to

1202

knowingly and willfully lead, take, entice, or remove a minor

1203

beyond the limits of this state, or to knowingly and willfully

1204

conceal the location of a minor, during the pendency of a

1205

dependency proceeding affecting such minor or during the pendency

1206

of any investigation, action, or proceeding concerning the

1207

alleged abuse or neglect of such minor, after having received

1208

actual or constructive notice of the pendency of such

1209

investigation, action, or proceeding and without the permission

1210

of the state agency or court in which the investigation, action,

1211

or proceeding is pending.

1212

     Section 24.  Subsection (1) of section 937.021, Florida

1213

Statutes, is amended to read:

1214

     937.021  Missing child reports.--

1215

     (1)  Upon the filing of a police report that a child is

1216

missing by the parent or guardian, the Department of Children and

1217

Family Services, a community-based care provider, or a sheriff's

1218

office providing investigative services for the department, the

1219

law enforcement agency receiving the report shall immediately

1220

inform all on-duty law enforcement officers of the existence of

1221

the missing child report, communicate the report to every other

1222

law enforcement agency having jurisdiction in the county, and

1223

transmit the report for inclusion within the Florida Crime

1224

Information Center computer. A law enforcement agency may not

1225

require a reporter to present an order that a child be taken into

1226

custody or any other such order before accepting a report that a

1227

child is missing.

1228

     Section 25.  Paragraph (c) of subsection (4) of section

1229

985.04, Florida Statutes, is amended to read:

1230

     985.04  Oaths; records; confidential information.--

1231

     (4)

1232

     (c)  The department shall disclose to the school

1233

superintendent the presence of any child in the care and custody

1234

or under the jurisdiction or supervision of the department who

1235

has a known history of criminal sexual behavior with other

1236

juveniles; is an alleged juvenile sexual offender or a child who

1237

has exhibited inappropriate sexual behavior, as defined in s.

1238

39.01; or has pled guilty or nolo contendere to, or has been

1239

found to have committed, a violation of chapter 794, chapter 796,

1240

chapter 800, s. 827.071, or s. 847.0133, regardless of

1241

adjudication. An Any employee of a district school board who

1242

knowingly and willfully discloses such information to an

1243

unauthorized person commits a misdemeanor of the second degree,

1244

punishable as provided in s. 775.082 or s. 775.083.

1245

     Section 26.  Effective upon this act becoming a law and

1246

operating retroactively to June 29, 2008, subsection (3) of

1247

section 1 of chapter 2007-174, Laws of Florida, is amended to

1248

read:

1249

     (3) This section expires June 30, 2009 2008.

1250

     Section 27.  Paragraph (b) of subsection (3) of section

1251

39.0015, Florida Statutes, is amended to read:

1252

     39.0015  Child abuse prevention training in the district

1253

school system.--

1254

     (3)  DEFINITIONS.--As used in this section:

1255

     (b) "Child abuse" means abandonment, abuse, harm, mental

1256

injury, neglect, physical injury, or sexual abuse of a child as

1257

those terms are defined in s. 39.01 those acts as defined in ss.

1258

39.01(1), (2), (31), (41), (43), (55), and (66), 827.04, and

1259

984.03 984.03(1), (2), and (37).

1260

     Section 28.  Subsection (5) of section 39.205, Florida

1261

Statutes, is amended to read:

1262

     39.205  Penalties relating to reporting of child abuse,

1263

abandonment, or neglect.--

1264

     (5)  If the department or its authorized agent has

1265

determined after its investigation that a report is false, the

1266

department shall, with the consent of the alleged perpetrator,

1267

refer the report to the local law enforcement agency having

1268

jurisdiction for an investigation to determine whether sufficient

1269

evidence exists to refer the case for prosecution for filing a

1270

false report as defined in s. 39.01 s. 39.01(28). During the

1271

pendency of the investigation by the local law enforcement

1272

agency, the department must notify the local law enforcement

1273

agency of, and the local law enforcement agency must respond to,

1274

all subsequent reports concerning children in that same family in

1275

accordance with s. 39.301. If the law enforcement agency believes

1276

that there are indicators of abuse, abandonment, or neglect, it

1277

must immediately notify the department, which must ensure assure

1278

the safety of the children. If the law enforcement agency finds

1279

sufficient evidence for prosecution for filing a false report, it

1280

must refer the case to the appropriate state attorney for

1281

prosecution.

1282

     Section 29.  Subsection (1) of section 39.302, Florida

1283

Statutes, is amended to read:

1284

     39.302  Protective investigations of institutional child

1285

abuse, abandonment, or neglect.--

1286

     (1)  The department shall conduct a child protective

1287

investigation of each report of institutional child abuse,

1288

abandonment, or neglect. Upon receipt of a report that alleges

1289

that an employee or agent of the department, or any other entity

1290

or person covered by s. 39.01(33) or (47) s. 39.01(32) or (46),

1291

acting in an official capacity, has committed an act of child

1292

abuse, abandonment, or neglect, the department shall initiate a

1293

child protective investigation within the timeframe established

1294

by the central abuse hotline under s. 39.201(5) and orally notify

1295

the appropriate state attorney, law enforcement agency, and

1296

licensing agency, which. These agencies shall immediately conduct

1297

a joint investigation, unless independent investigations are more

1298

feasible. When conducting investigations onsite or having face-

1299

to-face interviews with the child, such investigation visits

1300

shall be unannounced unless it is determined by the department or

1301

its agent that the unannounced visits would threaten the safety

1302

of the child. If When a facility is exempt from licensing, the

1303

department shall inform the owner or operator of the facility of

1304

the report. Each agency conducting a joint investigation is

1305

entitled to full access to the information gathered by the

1306

department in the course of the investigation. A protective

1307

investigation must include an onsite visit of the child's place

1308

of residence. In all cases, The department shall make a full

1309

written report to the state attorney within 3 working days after

1310

making the oral report. A criminal investigation shall be

1311

coordinated, whenever possible, with the child protective

1312

investigation of the department. Any interested person who has

1313

information regarding the offenses described in this subsection

1314

may forward a statement to the state attorney as to whether

1315

prosecution is warranted and appropriate. Within 15 days after

1316

the completion of the investigation, the state attorney shall

1317

report the findings to the department and shall include in the

1318

report a determination of whether or not prosecution is justified

1319

and appropriate in view of the circumstances of the specific

1320

case.

1321

     Section 30.  Paragraphs (b) and (c) of subsection (2) of

1322

section 39.6011, Florida Statutes, are amended to read:

1323

     39.6011  Case plan development.--

1324

     (2)  The case plan must be written simply and clearly in

1325

English and, if English is not the principal language of the

1326

child's parent, to the extent possible in the parent's principal

1327

language. Each case plan must contain:

1328

     (b) The permanency goal as defined in s. 39.01(51).

1329

     (c)  If concurrent planning is being used, a description of

1330

the permanency goal of reunification with the parent or legal

1331

custodian in addition to a description of one of the remaining

1332

permanency goals described in s. 39.01 s. 39.01(51).

1333

     Section 31.  Paragraph (e) of subsection (6) of section

1334

39.811, Florida Statutes, is amended to read:

1335

     39.811  Powers of disposition; order of disposition.--

1336

     (6)  The parental rights of one parent may be severed

1337

without severing the parental rights of the other parent only

1338

under the following circumstances:

1339

     (e)  If the parent whose rights are being terminated meets

1340

any of the criteria specified in s. 39.806(1)(d) and (f)-(l) (f)-

1341

(i).

1342

     Section 32.  Paragraph (a) of subsection (1) of section

1343

39.828, Florida Statutes, is amended to read:

1344

     39.828  Grounds for appointment of a guardian advocate.--

1345

     (1)  The court shall appoint the person named in the

1346

petition as a guardian advocate with all the powers and duties

1347

specified in s. 39.829 for an initial term of 1 year upon a

1348

finding that:

1349

     (a)  The child named in the petition is or was a drug

1350

dependent newborn as described in s. 39.01(32)(g) s.

1351

39.01(31)(g);

1352

     Section 33.  Paragraph (d) of subsection (1) of section

1353

419.001, Florida Statutes, is amended to read:

1354

     419.001  Site selection of community residential homes.--

1355

     (1)  For the purposes of this section, the following

1356

definitions shall apply:

1357

     (d)  "Resident" means any of the following: a frail elder as

1358

defined in s. 429.65; a physically disabled or handicapped person

1359

as defined in s. 760.22(7)(a); a developmentally disabled person

1360

as defined in s. 393.063; a nondangerous mentally ill person as

1361

defined in s. 394.455(18); or a child who is found to be

1362

dependent as defined in s. 39.01 or s.984.03, or a child in need

1363

of services as defined in s. 984.03 s. 39.01(14), s. 984.03(9) or

1364

(12), or s. 985.03.

1365

     Section 34.  Except as otherwise expressly provided in this

1366

act and except for this section, which shall take effect upon

1367

becoming a law, this act shall take effect July 1, 2008.

1368

1369

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

1370

And the title is amended as follows:

1371

     Delete everything before the enacting clause

1372

and insert:

1373

A bill to be entitled

1374

An act relating to child protection; amending s. 39.01,

1375

F.S.; redefining the terms "abandoned" and "harm";

1376

defining the term "child who has exhibited inappropriate

1377

sexual behavior"; amending s. 39.0121, F.S.; authorizing

1378

the Department of Children and Family Services to adopt

1379

rules providing for locating and recovering missing

1380

children who are involved with the department; providing

1381

requirements for reports; amending s. 39.0138, F.S.;

1382

requiring a criminal history check of persons being

1383

considered for placement of a child to include a search of

1384

the department's automated abuse information system;

1385

authorizing the department to adopt rules establishing

1386

standards for evaluating such information; creating s.

1387

39.0141, F.S.; requiring the department, the community-

1388

based care provider, or sheriff's office to file a report

1389

following a determination that a child involved with the

1390

department is missing; amending s. 39.201, F.S.; revising

1391

provisions relating to reporting child abuse, abandonment,

1392

or neglect to the central abuse hotline to allow for

1393

reports by fax or e-mail; amending s. 39.301, F.S.;

1394

conforming provisions to changes made by the act;

1395

providing certain exceptions to the requirements that a

1396

child protective investigation be closed within 60 days;

1397

amending s. 39.307, F.S.; revising provision relating to

1398

the provision of services to a child in cases of child-on-

1399

child sexual abuse to include a child who has exhibited

1400

inappropriate sexual behavior; amending s. 39.401, F.S.;

1401

requiring a law enforcement officer who takes a child into

1402

custody to release such child to an adoptive parent of the

1403

child's sibling, if the sibling was previously adopted and

1404

if it is in the best interest of the child; requiring

1405

judicial approval for the placement of a child with a

1406

nonrelative; amending s. 39.502, F.S.; providing for

1407

notice to foster or preadoptive parents of any hearings

1408

involving the child in their care; amending s. 39.503,

1409

F.S.; revising the minimum inquiries a petitioner for

1410

dependency or shelter must make in trying to locate an

1411

identified parent or prospective parent; amending s.

1412

39.504, F.S.; revising procedures related to injunctions

1413

issued to protect a child; requiring that such injunctions

1414

remain in effect until modified or dissolved by the court;

1415

amending s. 39.507, F.S.; limiting a court to one order

1416

adjudicating dependency; providing for supplemental

1417

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

1418

from the requirement for a predisposition study in

1419

dependency proceedings; conforming cross-references;

1420

amending s. 39.621, F.S.; requiring that an adoptive

1421

parent of a child's sibling be given the opportunity to

1422

apply to adopt such child if the child is available for

1423

adoption; requiring that such application be given the

1424

same consideration as a relative's application for

1425

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

1426

of a judicial review of a child's status be served on

1427

certain persons regardless of whether they attended a

1428

prior hearing at which the hearing was announced; amending

1429

s. 39.8055, F.S.; revising provisions relating to filing a

1430

petition to terminate parental rights; expanding the

1431

grounds for terminating parental rights to include

1432

conviction for the murder, manslaughter, or conspiracy to

1433

murder another child of the parent; amending s. 39.806,

1434

F.S.; adding additional grounds for terminating parental

1435

rights; amending s. 39.810, F.S.; providing that if

1436

termination of parental rights is in the best interests of

1437

the child, it is also the least restrictive means of

1438

protecting the child; amending s. 322.142, F.S.;

1439

authorizing the Department of Children and Family Services

1440

to be provided copies of driver's license files maintained

1441

by the Department of Highway Safety and Motor Vehicles for

1442

the purpose of conducting protective investigations;

1443

amending s. 402.401, F.S., relating to the Florida Child

1444

Welfare Student Loan Forgiveness Program; transferring

1445

administration of the program to the Department of

1446

Children and Family Services; amending s. 409.1671, F.S.;

1447

providing that a community-based provider or a

1448

subcontractor of a community-based provider may provide

1449

nonowned automobile liability coverage in lieu of

1450

providing personal motor vehicle insurance; providing

1451

terms, conditions, and applicability for nonowned

1452

automobile insurance coverage; requiring a community-based

1453

provider or a subcontractor of a community-based provider

1454

to provide a minimum limit for nonowned automobile

1455

insurance coverage; amending s. 409.175, F.S.; revising

1456

requirements for licensure as a foster home or child-

1457

caring agency; deleting the exemption from licensure for

1458

persons who receive a child from the department;

1459

clarifying that a permanent guardian is exempt from

1460

licensure; amending s. 787.04, F.S.; prohibiting a person

1461

from knowingly and willfully taking or removing a minor

1462

from the state or concealing the location of a minor

1463

during the pendency of a dependency proceeding or any

1464

other action concerning alleged abuse or neglect of the

1465

minor; amending s. 937.021, F.S.; requiring that a report

1466

of a missing child made by the department, a community-

1467

based care provider, or a sheriff's office be treated as a

1468

missing child report filed by a parent or guardian;

1469

prohibiting a law enforcement agency from requiring an

1470

order that a child be taken into custody or any other such

1471

order before accepting a missing child report for

1472

investigation; amending s. 985.04, F.S.; providing for the

1473

disclosure of certain records relating to children having

1474

a history of inappropriate sexual behavior to schools

1475

superintendents; amending chapter 2007-174, Laws of

1476

Florida; extending the date for the repeal of provisions

1477

authorizing the reorganization of the Department of

1478

Children and Family Services; providing for retroactive

1479

application; amending ss. 39.0015, 39.205, 39.302,

1480

39.6011, 39.811, 39.828, and 419.001, F.S.; conforming

1481

cross-references; providing effective dates.

4/22/2008  8:04:00 PM     10-08433-08

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