Florida Senate - 2008 SENATOR AMENDMENT
Bill No. HB 7077, 2nd Eng.
784706
Senate
Floor: 1/RE/2R
4/23/2008 10:07 PM
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House
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Senator Storms moved the following amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Subsection (1) and paragraphs (e) and (g) of
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present subsection (31) of section 39.01, Florida Statutes, are
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amended, present subsections (14) through (74) are renumbered as
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subsections (15) through (75), respectively, and a new subsection
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(14) is added to that section, to read:
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39.01 Definitions.--When used in this chapter, unless the
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context otherwise requires:
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(1) "Abandoned" or "abandonment" means a situation in which
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the parent or legal custodian of a child or, in the absence of a
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parent or legal custodian, the caregiver responsible for the
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child's welfare, while being able, makes no provision for the
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child's support and has failed to establish or maintain a
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substantial and positive relationship with the child. For
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purposes of this subsection, "establish or maintain a substantial
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and positive relationship" includes, but is not limited to,
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frequent and regular contact with the child through frequent and
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regular visitation or frequent and regular communication to or
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with the child, and the exercise of parental rights and
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responsibilities. Marginal efforts and incidental or token visits
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or communications are not sufficient to establish or maintain a
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substantial and positive relationship with a child. and makes no
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effort to communicate with the child, which situation is
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sufficient to evince a willful rejection of parental
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obligations. If the efforts of the parent or legal custodian, or
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caregiver primarily responsible for the child's welfare, to
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support and communicate with the child are, in the opinion of the
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court, only marginal efforts that do not evince a settled purpose
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to assume all parental duties, the court may declare the child to
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be abandoned. The term "abandoned" does not include an abandoned
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newborn infant as described in s. 383.50, a "child in need of
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services" as defined in chapter 984, or a "family in need of
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services" as defined in chapter 984. The incarceration of a
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parent, legal custodian, or caregiver responsible for a child's
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welfare may support a finding of abandonment.
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(14) "Child who has exhibited inappropriate sexual
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behavior" means a child who is 12 years of age or younger and who
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has been found by the department or the court to have committed
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an inappropriate sexual act on himself or herself or another
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individual.
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(32)(31) "Harm" to a child's health or welfare can occur
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when any person:
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(e) Abandons the child. Within the context of the
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definition of "harm," the term "abandoned the child" or
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"abandonment of the child" means a situation in which the parent
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or legal custodian of a child or, in the absence of a parent or
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legal custodian, the caregiver, while being able, makes no
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provision for the child's support and has failed to establish or
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maintain a substantial and positive relationship with the child.
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For purposes of this paragraph, "establish or maintain a
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substantial and positive relationship" includes, but is not
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limited to, frequent and regular contact with the child through
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frequent and regular visitation or frequent and regular
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communication to or with the child, and the exercise of parental
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rights and responsibilities. Marginal efforts and incidental or
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token visits or communications are not sufficient to establish or
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maintain a substantial and positive relationship with a child.
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"abandons the child" means that the parent or legal custodian of
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a child or, in the absence of a parent or legal custodian, the
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person responsible for the child's welfare, while being able,
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makes no provision for the child's support and makes no effort to
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communicate with the child, which situation is sufficient to
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evince a willful rejection of parental obligation. If the efforts
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of the parent or legal custodian or person primarily responsible
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for the child's welfare to support and communicate with the child
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are only marginal efforts that do not evince a settled purpose to
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assume all parental duties, the child may be determined to have
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been abandoned. The term "abandoned" does not include an
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abandoned newborn infant as described in s. 383.50.
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(g) Exposes a child to a controlled substance or alcohol.
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Exposure to a controlled substance or alcohol is established by:
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1. A test, administered at birth, which indicated that the
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child's blood, urine, or meconium contained any amount of alcohol
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or a controlled substance or metabolites of such substances, the
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presence of which was not the result of medical treatment
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administered to the mother or the newborn infant Use by the
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mother of a controlled substance or alcohol during pregnancy when
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the child, at birth, is demonstrably adversely affected by such
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usage; or
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2. Evidence of extensive, abusive, and Continued chronic
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and severe use of a controlled substance or alcohol by a parent
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when the child is demonstrably adversely affected by such usage.
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As used in this paragraph, the term "controlled substance" means
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prescription drugs not prescribed for the parent or not
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administered as prescribed and controlled substances as outlined
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in Schedule I or Schedule II of s. 893.03.
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Section 2. Subsection (16) is added to section 39.0121,
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Florida Statutes, to read:
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39.0121 Specific rulemaking authority.--Pursuant to the
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requirements of s. 120.536, the department is specifically
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authorized to adopt, amend, and repeal administrative rules which
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implement or interpret law or policy, or describe the procedure
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and practice requirements necessary to implement this chapter,
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including, but not limited to, the following:
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(16) Provisions for reporting, locating, recovering, and
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stabilizing children whose whereabouts become unknown while they
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are involved with the department and for preventing recurrences
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of such incidents. At a minimum, the rules must:
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(a) Provide comprehensive, explicit, and consistent
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guidelines to be followed by the department's employees and
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contracted providers when the whereabouts of a child involved
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with the department is unknown.
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(b) Include criteria to determine when a child is missing
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for purposes of making a report to a law enforcement agency, and
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require that in all cases in which a law enforcement agency has
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accepted a case for criminal investigation pursuant to s.
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39.301(2)(c) and the child's whereabouts are unknown, the child
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shall be considered missing and a report made.
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(c) Include steps to be taken by employees and contracted
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providers to ensure and provide evidence that parents and
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guardians have been advised of the requirements of s. 787.04(3)
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and that violations are reported.
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Section 3. Subsection (1) of section 39.0138, Florida
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Statutes, is amended to read:
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39.0138 Criminal history records check; limit on placement
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of a child.--
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(1) The department shall conduct a criminal history records
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check on for all persons being considered by the department for
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approval for placement of a child subject to a placement decision
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under this chapter, including all nonrelative placement
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decisions, all members of the household of the person being
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considered, and frequent visitors to the household. For purposes
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of this section, a criminal history records check may include,
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but is not limited to, submission of fingerprints to the
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Department of Law Enforcement for processing and forwarding to
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the Federal Bureau of Investigation for state and national
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criminal history information, and local criminal records checks
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through local law enforcement agencies. A criminal history
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records check must also include a search of the department's
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automated abuse information system. The department shall
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establish by rule standards for evaluating any information
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contained in the automated system relating to a person who must
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be screened for purposes of making a placement decision.
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Section 4. Section 39.0141, Florida Statutes, is created to
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read:
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39.0141 Missing children; report required.--Whenever the
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whereabouts of a child involved with the department becomes
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unknown, the department, the community-based care provider, or
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the sheriff's office providing investigative services for the
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department shall make reasonable efforts, as defined by rule, to
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locate the child. If, pursuant to criteria established by rule,
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the child is determined to be missing, the department, the
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community-based care provider, or the sheriff's office shall file
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a report that the child is missing in accordance with s. 937.021.
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Section 5. Subsections (2), (4), and (7) of section 39.201,
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Florida Statutes, are amended to read:
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39.201 Mandatory reports of child abuse, abandonment, or
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neglect; mandatory reports of death; central abuse hotline.--
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(2)(a) Each report of known or suspected child abuse,
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abandonment, or neglect by a parent, legal custodian, caregiver,
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or other person responsible for the child's welfare as defined in
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this chapter, except those solely under s. 827.04(3), and each
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report that a child is in need of supervision and care and has no
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parent, legal custodian, or responsible adult relative
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immediately known and available to provide supervision and care
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shall be made immediately to the department's central abuse
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hotline. Such reports may be made on the single statewide toll-
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free telephone number or by fax or e-mail. Personnel at the
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department's central abuse hotline shall determine if the report
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received meets the statutory definition of child abuse,
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abandonment, or neglect. Any report meeting one of these
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definitions shall be accepted for the protective investigation
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pursuant to part III of this chapter.
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(b) If the report is of an instance of known or suspected
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child abuse by someone other than a parent, legal custodian,
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caregiver, or other person responsible for the child's welfare as
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defined in this chapter, the call or report shall be immediately
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electronically transferred to the appropriate county sheriff's
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office by the central abuse hotline.
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(c) If the report is of an instance of known or suspected
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child abuse, abandonment, or neglect that occurred out of state
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and the alleged perpetrator and the child alleged to be a victim
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live out of state, the central abuse hotline may shall not accept
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the call or report for investigation, but shall transfer the
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information on the report to the appropriate state.
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(d) If the report is of an instance of known or suspected
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child abuse involving impregnation of a child under 16 years of
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age by a person 21 years of age or older solely under s.
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827.04(3), the report shall be made immediately to the
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appropriate county sheriff's office or other appropriate law
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enforcement agency. If the report is of an instance of known or
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suspected child abuse solely under s. 827.04(3), the reporting
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provisions of this subsection do not apply to health care
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professionals or other persons who provide medical or counseling
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services to pregnant children when such reporting would interfere
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with the provision of medical services.
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(e) Reports involving known or suspected institutional
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child abuse or neglect shall be made and received in the same
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manner as all other reports made pursuant to this section.
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(f) Reports involving a known or suspected juvenile sexual
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offender or a child who has exhibited inappropriate sexual
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behavior shall be made and received by the department.
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1. The department shall determine the age of the alleged
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juvenile sexual offender, if known.
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2. If When the alleged juvenile sexual offender is 12 years
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of age or younger, the central abuse hotline shall immediately
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electronically transfer the call or report to the appropriate law
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enforcement agency office. The department shall conduct an
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assessment and assist the family in receiving appropriate
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services pursuant to s. 39.307, and send a written report of the
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allegation to the appropriate county sheriff's office within 48
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hours after the initial report is made to the central abuse
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hotline.
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3. If When the alleged juvenile sexual offender is 13 years
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of age or older, the central abuse hotline department shall
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immediately electronically transfer the call or report to the
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appropriate county sheriff's office by the central abuse hotline,
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and send a written report to the appropriate county sheriff's
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office within 48 hours after the initial report to the central
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abuse hotline.
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(g) Reports involving abandoned newborn infants as
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described in s. 383.50 shall be made and received by the
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department.
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1. If the report is of an abandoned newborn infant as
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described in s. 383.50 and there is no indication of abuse,
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neglect, or abandonment other than that necessarily entailed in
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the infant having been left at a hospital, emergency medical
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services station, or fire station, the department shall provide
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to the caller the name of a licensed child-placing agency on a
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rotating basis from a list of licensed child-placing agencies
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eligible and required to accept physical custody of and to place
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newborn infants left at a hospital, emergency medical services
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station, or fire station. The report may shall not be considered
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a report of abuse, neglect, or abandonment solely because the
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infant has been left at a hospital, emergency medical services
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station, or fire station pursuant to s. 383.50.
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2. If the call, fax, or e-mail includes caller reports
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indications of abuse or neglect beyond that necessarily entailed
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in the infant having been left at a hospital, emergency medical
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services station, or fire station, the report shall be considered
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as a report of abuse, neglect, or abandonment and is shall be
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subject to the requirements of s. 39.395 and all other relevant
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provisions of this chapter, notwithstanding any provisions of
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chapter 383.
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(h) Hotline counselors shall receive periodic training in
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encouraging reporters to provide their names when reporting
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abuse, abandonment, or neglect. Callers shall be advised of the
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confidentiality provisions of s. 39.202. The department shall
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secure and install electronic equipment that automatically
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provides to the hotline the number from which the call or fax is
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placed, or the Internet protocol (IP) address from which the e-
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mail report is received. This number or address shall be entered
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into the report of abuse, abandonment, or neglect and become a
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part of the record of the report, but shall enjoy the same
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confidentiality as provided to the identity of the reporter
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caller pursuant to s. 39.202.
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(i) The department shall voice-record all incoming or
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outgoing calls that are received or placed by the central abuse
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hotline and shall maintain an electronic copy of each fax or e-
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mail that relates which relate to suspected or known child abuse,
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neglect, or abandonment. The recording or electronic copy of each
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fax and e-mail shall become a part of the record of the report
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but, notwithstanding s. 39.202, shall be released in full only to
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law enforcement agencies and state attorneys for the purpose of
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investigating and prosecuting criminal charges pursuant to s.
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39.205, or to employees of the department for the purpose of
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investigating and seeking administrative penalties pursuant to s.
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39.206. Nothing in This paragraph does not shall prohibit the use
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of the recordings or electronic copies of faxes or e-mails by
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hotline staff for quality assurance and training.
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(4) The department shall establish and maintain a central
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abuse hotline to receive all reports made pursuant to this
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section in writing, by fax or e-mail, or through a single
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statewide toll-free telephone number, which any person may use to
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report known or suspected child abuse, abandonment, or neglect at
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any hour of the day or night, any day of the week. The central
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abuse hotline shall be operated in such a manner as to enable the
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department to:
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(a) Immediately identify and locate prior reports or cases
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of child abuse, abandonment, or neglect through the use
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utilization of the department's automated tracking system.
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(b) Monitor and evaluate the effectiveness of the
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department's program for reporting and investigating suspected
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abuse, abandonment, or neglect of children through the
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development and analysis of statistical and other information.
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(c) Track critical steps in the investigative process to
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ensure compliance with all requirements for any report of abuse,
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abandonment, or neglect.
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(d) Maintain and produce aggregate statistical reports
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monitoring patterns of child abuse, child abandonment, and child
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neglect. The department shall collect and analyze child-on-child
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sexual abuse reports and include the information in aggregate
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statistical reports.
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(e) Serve as a resource for the evaluation, management, and
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planning of preventive and remedial services for children who
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have been subject to abuse, abandonment, or neglect.
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(f) Initiate and enter into agreements with other states
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for the purpose of gathering and sharing information contained in
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reports on child maltreatment to further enhance programs for the
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protection of children.
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(7) On an ongoing basis, the department's quality assurance
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program shall review calls and reports to the hotline involving
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three or more unaccepted reports on a single child, where
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jurisdiction applies, in order to detect such things as
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harassment and situations that warrant an investigation because
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of the frequency or variety of the source of the reports. The
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Program Director for Family Safety may refer a case for
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investigation when it is determined, as a result of this review,
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that an investigation may be warranted.
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Section 6. Subsections (1) and (16) of section 39.301,
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Florida Statutes, are amended to read:
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39.301 Initiation of protective investigations.--
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(1) Upon receiving a an oral or written report of known or
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suspected child abuse, abandonment, or neglect, or that a child
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is in need of supervision and care and has no parent, legal
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custodian, or responsible adult relative immediately known and
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available to provide supervision and care, the central abuse
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hotline shall determine if the report requires an immediate
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onsite protective investigation. For reports requiring an
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immediate onsite protective investigation, the central abuse
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hotline shall immediately notify the department's designated
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children and families district staff responsible for protective
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investigations to ensure that an onsite investigation is promptly
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initiated. For reports not requiring an immediate onsite
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protective investigation, the central abuse hotline shall notify
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the department's designated children and families district staff
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responsible for protective investigations in sufficient time to
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allow for an investigation. At the time of notification of
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district staff with respect to the report, the central abuse
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hotline shall also provide information to district staff on any
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previous report concerning a subject of the present report or any
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pertinent information relative to the present report or any noted
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earlier reports.
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(16) The department shall complete its protective
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investigation within No later than 60 days after receiving the
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initial report, unless: the local office of the department shall
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complete its investigation.
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(a) There is also an active, concurrent criminal
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investigation that is continuing beyond the 60-day period and the
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closure of the protective investigation may compromise successful
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criminal prosecution of the child abuse or neglect case, in which
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case the closure date shall coincide with the closure date of the
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criminal investigation and any resulting legal action.
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(b) In child death cases, the final report of the medical
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examiner is necessary for the department to close its
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investigation, and the report has not been received within the
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60-day period, in which case the report closure date shall be
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extended to accommodate to the report.
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(c) A child who is necessary to an investigation has been
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declared missing by the department, a law enforcement agency, or
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a court, in which case the 60-day period shall be extended until
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the child has been located or until sufficient information exists
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to close the investigation despite the unknown location of the
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child.
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Section 7. Subsections (2), (3), (4), and (5) of section
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39.307, Florida Statutes, are amended to read:
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39.307 Reports of child-on-child sexual abuse.--
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(2) District staff, at a minimum, shall adhere to the
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following procedures:
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(a) The purpose of the response to a report alleging
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juvenile sexual abuse behavior shall be explained to the
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caregiver.
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1. The purpose of the response shall be explained in a
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manner consistent with legislative purpose and intent provided in
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this chapter.
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2. The name and office telephone number of the person
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responding shall be provided to the caregiver of the alleged
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juvenile sexual offender or child who has exhibited inappropriate
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sexual behavior and the victim's caregiver.
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3. The possible consequences of the department's response,
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including outcomes and services, shall be explained to the
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caregiver of the alleged juvenile sexual offender or child who
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has exhibited inappropriate sexual behavior and the victim's
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family or caregiver.
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(b) The caregiver of the alleged juvenile sexual offender
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or child who has exhibited inappropriate sexual behavior and the
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victim's caregiver of the victim shall be involved to the fullest
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extent possible in determining the nature of the allegation and
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the nature of any problem or risk to other children.
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(c) The assessment of risk and the perceived treatment
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needs of the alleged juvenile sexual offender or child who has
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exhibited inappropriate sexual behavior, the victim, and
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respective caregivers shall be conducted by the district staff,
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the child protection team of the Department of Health, and other
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providers under contract with the department to provide services
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to the caregiver of the alleged offender, the victim, and the
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victim's caregiver.
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(d) The assessment shall be conducted in a manner that is
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sensitive to the social, economic, and cultural environment of
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the family.
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(e) If When necessary, the child protection team of the
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Department of Health shall conduct a physical examination of the
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victim, which is sufficient to meet forensic requirements.
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(f) Based on the information obtained from the alleged
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juvenile sexual offender or child who has exhibited inappropriate
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sexual behavior, his or her the alleged juvenile sexual
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offender's caregiver, the victim, and the victim's caregiver, an
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assessment service and treatment needs report must be completed
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within 7 days and, if needed, a case plan developed within 30
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days.
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(g) The department shall classify the outcome of its
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initial assessment of the report as follows:
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1. Report closed. Services were not offered to the alleged
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juvenile sexual offender because the department determined that
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there was no basis for intervention.
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2. Services accepted by alleged offender. Services were
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offered to the alleged juvenile sexual offender or child who has
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exhibited inappropriate sexual behavior and accepted by the
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caregiver.
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3. Report closed. Services were offered to the alleged
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juvenile sexual offender or child who has exhibited inappropriate
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sexual behavior, but were rejected by the caregiver.
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4. Notification to law enforcement. Either The risk to the
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victim's safety and well-being cannot be reduced by the provision
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of services or the caregiver family rejected services, and
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notification of the alleged delinquent act or violation of law to
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the appropriate law enforcement agency was initiated.
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5. Services accepted by victim. Services were offered to
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the victim of the alleged juvenile sexual offender and accepted
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by the caregiver.
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6. Report closed. Services were offered to the victim of
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the alleged juvenile sexual offender, but were rejected by the
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caregiver.
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(3) If When services have been accepted by the alleged
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juvenile sexual offender or child who has exhibited inappropriate
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sexual behavior, the victim, and respective caregivers or family,
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the department shall designate a case manager and develop a
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specific case plan.
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(a) Upon receipt of the plan, the caregiver or family shall
426
indicate its acceptance of the plan in writing.
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(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.
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(4) Services provided to the alleged juvenile sexual
434
offender or child who has exhibited inappropriate sexual
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behavior, the victim, and respective caregivers or family must be
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voluntary and of necessary duration.
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(5)(4) If In the event the family or caregiver of the
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alleged juvenile sexual offender or child who has exhibited
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inappropriate sexual behavior fails to adequately participate or
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allow for the adequate participation of the child juvenile sexual
441
offender in the services or treatment delineated in the case
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plan, the case manager may recommend that the department:
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(a) Close the case;
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(b) Refer the case to mediation or arbitration, if
445
available; or
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(c) Notify the appropriate law enforcement agency of
447
failure to comply.
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(5) Services to the alleged juvenile sexual offender, the
449
victim, and respective caregivers or family under this section
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shall be voluntary and of necessary duration.
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Section 8. Subsections (2) and (3) of section 39.401,
452
Florida Statutes, are amended, and subsection (5) is added to
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that section, to read:
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39.401 Taking a child alleged to be dependent into custody;
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law enforcement officers and authorized agents of the
456
department.--
457
(2) If the law enforcement officer takes the child into
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custody, that officer shall:
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(a) Release the child to:
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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
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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
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5.4. A responsible adult approved by the department; or
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(b) Deliver the child to an authorized agent of the
472
department, stating the facts by reason of which the child was
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taken into custody and sufficient information to establish
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probable cause that the child is abandoned, abused, or neglected,
475
or otherwise dependent.
476
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For cases involving allegations of abandonment, abuse, or
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neglect, or other dependency cases, within 3 days after such
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release or within 3 days after delivering the child to an
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
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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.