HB 7077

1	A bill to be entitled
2	An act relating to child protection; amending s. 39.01,
3	F.S.; defining the term "child who has exhibited
4	inappropriate sexual behavior"; amending s. 39.0121, F.S.;
5	authorizing the Department of Children and Family Services
6	to adopt rules providing for reporting, locating,
7	recovering, and stabilizing missing children who are
8	involved with the department; amending s. 39.0138, F.S.;
9	specifying additional persons to be subject to a criminal
10	history records check prior to placement of a child;
11	requiring a criminal history records check of persons
12	being considered for placement of a child to include a
13	search of the department's automated abuse information
14	system; authorizing the department to adopt rules
15	establishing standards for evaluating such information;
16	creating s. 39.0141, F.S.; requiring the department, the
17	community-based care provider, or the appropriate law
18	enforcement agency to file a report following a
19	determination that a child involved with the department is
20	missing; amending s. 39.201, F.S.; providing for
21	additional methods to report suspected child abuse,
22	abandonment, and neglect of a child or to report a child
23	who has exhibited inappropriate sexual behavior; amending
24	s. 39.301, F.S.; conforming language relating to reporting
25	suspected child abuse, abandonment, and neglect; providing
26	certain exceptions to the requirements that a child
27	protective investigation be closed within 60 days;
28	amending s. 39.307, F.S.; revising provisions relating to
29	the provision of services to a child in cases of child-on-
30	child sexual abuse to include a child who has exhibited
31	inappropriate sexual behavior; revising terminology;
32	amending s. 39.401, F.S.; requiring a law enforcement
33	officer who takes a child into custody to release such
34	child to an adoptive parent of the child's sibling, if the
35	sibling was previously adopted; requiring judicial
36	approval for the placement of a child with a nonrelative;
37	amending s. 39.502, F.S.; requiring certain notice to
38	foster and preadoptive parents of any hearings involving
39	the child in their care; amending s. 39.503, F.S.;
40	revising procedures relating to diligent searches for
41	missing parents and relatives; amending s. 39.504, F.S.;
42	revising procedures related to injunctions pending
43	disposition of petition issued to protect a child;
44	requiring that such injunctions remain in effect until
45	modified or dissolved by the court; providing additional
46	conditions for an injunction to protect a child from
47	domestic violence; providing for process of service;
48	authorizing law enforcement officers to exercise certain
49	arrest powers; amending s. 39.507, F.S.; limiting a court
50	to one order adjudicating dependency; providing for
51	supplemental findings; correcting a cross-reference;
52	amending s. 39.521, F.S.; providing an exception from the
53	requirement for a predisposition study in dependency
54	proceedings; correcting cross-references; amending s.
55	39.701, F.S.; requiring that notice of a judicial review
56	of a child's status be served on certain persons
57	regardless of whether or not they attended a prior hearing
58	at which the hearing was announced; amending s. 63.0541,
59	F.S.; permitting certain information contained in the
60	Florida Putative Father Registry to be disclosed to the
61	department; amending s. 322.142, F.S.; authorizing the
62	department to be provided copies of driver's license files
63	maintained by the Department of Highway Safety and Motor
64	Vehicles for the purpose of conducting protective
65	investigations and expediting the determination of
66	eligibility for public assistance; amending s. 402.401;
67	providing for administration of the Florida Child Welfare
68	Student Loan Forgiveness Program by the Department of
69	Children and Family Services rather than the Department of
70	Education; authorizing loan reimbursement to certain
71	eligible employees; revising loan eligibility
72	requirements; directing the Department of Children and
73	Family Services to adopt rules to administer the program;
74	amending s. 409.1671, F.S.; providing for certain coverage
75	in lieu of personal motor vehicle insurance for
76	automobiles not owned by a lead agency that are used for
77	agency business; amending s. 409.175, F.S.; revising
78	requirements for licensure as a foster home or child-
79	caring agency; deleting the exemption from licensure for
80	persons who receive a child from the department;
81	clarifying that a permanent guardian is exempt from
82	licensure; amending s. 787.04, F.S.; prohibiting a person
83	from knowingly and willfully taking or removing a minor
84	from the state or concealing the location of a minor
85	during the pendency of a dependency proceeding or any
86	other action concerning alleged abuse or neglect of the
87	minor; amending s. 937.021, F.S.; requiring that a report
88	of a missing child made by the department, a community-
89	based care provider, or the appropriate law enforcement
90	agency be treated as a missing child report filed by a
91	parent or guardian; prohibiting a law enforcement agency
92	from requiring an order that a child be taken into custody
93	or any other such order before accepting a missing child
94	report for investigation; amending ss. 393.0661, 393.071,
95	393.125, 39.0015, 39.205, 39.302, 39.6011, 39.828, and
96	419.001, F.S.; conforming cross-references; amending s. 1,
97	ch. 2007-174, Laws of Florida; extending the date for the
98	repeal of provisions authorizing the reorganization of the
99	Department of Children and Family Services; providing
100	effective dates.
101
102	Be It Enacted by the Legislature of the State of Florida:
103
104	Section 1.  Subsections (14) through (74) of section 39.01,
105	Florida Statutes, are renumbered as subsections (15) through
106	(75), respectively, and a new subsection (14) is added to that
107	section to read:
108	39.01  Definitions.--When used in this chapter, unless the
109	context otherwise requires:
110	(14)  "Child who has exhibited inappropriate sexual
111	behavior" means a child who is 12 years of age or younger and
112	has been found by the department or the court to have committed
113	an inappropriate sexual act.
114	Section 2.  Subsection (16) is added to section 39.0121,
115	Florida Statutes, to read:
116	39.0121  Specific rulemaking authority.--Pursuant to the
117	requirements of s. 120.536, the department is specifically
118	authorized to adopt, amend, and repeal administrative rules
119	which implement or interpret law or policy, or describe the
120	procedure and practice requirements necessary to implement this
121	chapter, including, but not limited to, the following:
122	(16)  Provision for reporting, locating, recovering, and
123	stabilizing a child whose whereabouts become unknown while the
124	child is involved with the department and for preventing
125	recurrences of such incidents. At a minimum, the rules must:
126	(a)  Provide comprehensive, explicit, and consistent
127	guidelines to be followed by the department's employees and
128	contracted providers when the whereabouts of a child involved
129	with the department is unknown.
130	(b)  Include criteria to determine when a child is missing
131	for purposes of making a report to a law enforcement agency and
132	require that in all cases in which a law enforcement agency has
133	accepted a case for criminal investigation pursuant to s.
134	39.301(2)(c) and the child's whereabouts are unknown, the child
135	shall be considered missing and a report shall be made.
136	(c)  Include steps to be taken by employees and contracted
137	providers to ensure and provide evidence that parents and
138	guardians have been advised of the requirements of s. 787.04(3)
139	and that any violation of s. 787.04(3) is reported.
140	Section 3.  Subsection (1) of section 39.0138, Florida
141	Statutes, is amended to read:
142	39.0138  Criminal history records check; limit on placement
143	of a child.--
144	(1)  The department shall conduct a criminal history
145	records check on for all persons being considered by the
146	department for approval for placement of a child subject to a
147	placement decision under this chapter, including all nonrelative
148	placement decisions, all members of the household of the person
149	being considered, and all frequent visitors to the household.
150	For purposes of this section, a criminal history records check
151	may include, but is not limited to, submission of fingerprints
152	to the Department of Law Enforcement for processing and
153	forwarding to the Federal Bureau of Investigation for state and
154	national criminal history information, and local criminal
155	records checks through local law enforcement agencies. A
156	criminal history records check must also include a search of the
157	department's automated abuse information system. The department
158	shall establish by rule standards for evaluating any information
159	contained in the automated system relating to a person who must
160	be screened for purposes of making a placement decision.
161	Section 4.  Section 39.0141, Florida Statutes, is created
162	to read:
163	39.0141  Missing children; report required.--Whenever the
164	whereabouts of a child involved with the department becomes
165	unknown, the department, the community-based care provider, or
166	the appropriate law enforcement agency providing investigative
167	services for the department shall make reasonable efforts, as
168	defined by rule, to locate the child. If, pursuant to criteria
169	established by rule, the child is determined to be missing, the
170	department, the community-based care provider, or the
171	appropriate law enforcement agency shall file a report that the
172	child is missing in accordance with s. 937.021.
173	Section 5.  Subsections (2), (4), and (7) of section
174	39.201, Florida Statutes, are amended to read:
175	39.201  Mandatory reports of child abuse, abandonment, or
176	neglect; mandatory reports of death; central abuse hotline.--
177	(2)(a)  Each report of known or suspected child abuse,
178	abandonment, or neglect by a parent, legal custodian, caregiver,
179	or other person responsible for the child's welfare as defined
180	in this chapter, except those solely under s. 827.04(3), and
181	each report that a child is in need of supervision and care and
182	has no parent, legal custodian, or responsible adult relative
183	immediately known and available to provide supervision and care
184	shall be made immediately to the department's central abuse
185	hotline. Such reports may be made on the single statewide toll-
186	free telephone number or via fax or web-based report. Personnel
187	at the department's central abuse hotline shall determine if the
188	report received meets the statutory definition of child abuse,
189	abandonment, or neglect. Any report meeting one of these
190	definitions shall be accepted for the protective investigation
191	pursuant to part III of this chapter.
192	(b)  If the report is of an instance of known or suspected
193	child abuse by someone other than a parent, legal custodian,
194	caregiver, or other person responsible for the child's welfare
195	as defined in this chapter, the report or call shall be
196	immediately electronically transferred to the appropriate county
197	sheriff's office by the central abuse hotline.
198	(c)  If the report is of an instance of known or suspected
199	child abuse, abandonment, or neglect that occurred out of state
200	and the alleged perpetrator and the child alleged to be a victim
201	live out of state, the central abuse hotline shall not accept
202	the report or call for investigation, but shall transfer the
203	information on the report to the appropriate state.
204	(d)  If the report is of an instance of known or suspected
205	child abuse involving impregnation of a child under 16 years of
206	age by a person 21 years of age or older solely under s.
207	827.04(3), the report shall be made immediately to the
208	appropriate county sheriff's office or other appropriate law
209	enforcement agency. If the report is of an instance of known or
210	suspected child abuse solely under s. 827.04(3), the reporting
211	provisions of this subsection do not apply to health care
212	professionals or other persons who provide medical or counseling
213	services to pregnant children when such reporting would
214	interfere with the provision of medical services.
215	(e)  Reports involving known or suspected institutional
216	child abuse or neglect shall be made and received in the same
217	manner as all other reports made pursuant to this section.
218	(f)  Reports involving a known or suspected juvenile sexual
219	offender or a child who has exhibited inappropriate sexual
220	behavior shall be made and received by the department.
221	1.  The department shall determine the age of the alleged
222	juvenile sexual offender, if known.
223	2.  If When the alleged juvenile sexual offender is 12
224	years of age or younger, the central abuse hotline shall
225	immediately electronically transfer the report or call to the
226	county sheriff's appropriate law enforcement agency office. The
227	department shall conduct an assessment and assist the family in
228	receiving appropriate services pursuant to s. 39.307, and send a
229	written report of the allegation to the appropriate county
230	sheriff's office within 48 hours after the initial report is
231	made to the central abuse hotline.
232	3.  If When the alleged juvenile sexual offender is 13
233	years of age or older, the central abuse hotline department
234	shall immediately electronically transfer the report or call to
235	the appropriate county sheriff's office by the central abuse
236	hotline, and send a written report to the appropriate county
237	sheriff's office within 48 hours after the initial report to the
238	central abuse hotline.
239	(g)  Reports involving abandoned newborn infants as
240	described in s. 383.50 shall be made and received by the
241	department.
242	1.  If the report is of an abandoned newborn infant as
243	described in s. 383.50 and there is no indication of abuse,
244	neglect, or abandonment other than that necessarily entailed in
245	the infant having been left at a hospital, emergency medical
246	services station, or fire station, the department shall provide
247	to the caller the name of a licensed child-placing agency on a
248	rotating basis from a list of licensed child-placing agencies
249	eligible and required to accept physical custody of and to place
250	newborn infants left at a hospital, emergency medical services
251	station, or fire station. The report shall not be considered a
252	report of abuse, neglect, or abandonment solely because the
253	infant has been left at a hospital, emergency medical services
254	station, or fire station pursuant to s. 383.50.
255	2.  If the call, fax, or web-based report includes caller
256	reports indications of abuse or neglect beyond that necessarily
257	entailed in the infant having been left at a hospital, emergency
258	medical services station, or fire station, the report shall be
259	considered as a report of abuse, neglect, or abandonment and
260	shall be subject to the requirements of s. 39.395 and all other
261	relevant provisions of this chapter, notwithstanding any
262	provisions of chapter 383.
263	(h)  Hotline counselors shall receive periodic training in
264	encouraging reporters to provide their names when reporting
265	abuse, abandonment, or neglect. Callers shall be advised of the
266	confidentiality provisions of s. 39.202. The department shall
267	secure and install electronic equipment that automatically
268	provides to the hotline the number from which the call or fax is
269	placed or the Internet protocol (IP) address from which the
270	report is received. This number shall be entered into the report
271	of abuse, abandonment, or neglect and become a part of the
272	record of the report, but shall enjoy the same confidentiality
273	as provided to the identity of the reporter caller pursuant to
274	s. 39.202.
275	(i)  The department shall voice-record all incoming or
276	outgoing calls that are received or placed by the central abuse
277	hotline which relate to suspected or known child abuse, neglect,
278	or abandonment. The department shall maintain an electronic copy
279	of each fax and web-based report. The recording or electronic
280	copy of each fax and web-based report shall become a part of the
281	record of the report but, notwithstanding s. 39.202, shall be
282	released in full only to law enforcement agencies and state
283	attorneys for the purpose of investigating and prosecuting
284	criminal charges pursuant to s. 39.205, or to employees of the
285	department for the purpose of investigating and seeking
286	administrative penalties pursuant to s. 39.206. Nothing in this
287	paragraph shall prohibit the use of the recordings, the
288	electronic copies of faxes, and web-based reports by hotline
289	staff for quality assurance and training.
290	(4)  The department shall establish and maintain a central
291	abuse hotline to receive all reports made pursuant to this
292	section in writing, via fax, via web-based reporting, or through
293	a single statewide toll-free telephone number, which any person
294	may use to report known or suspected child abuse, abandonment,
295	or neglect at any hour of the day or night, any day of the week.
296	The central abuse hotline shall be operated in such a manner as
297	to enable the department to:
298	(a)  Immediately identify and locate prior reports or cases
299	of child abuse, abandonment, or neglect through utilization of
300	the department's automated tracking system.
301	(b)  Monitor and evaluate the effectiveness of the
302	department's program for reporting and investigating suspected
303	abuse, abandonment, or neglect of children through the
304	development and analysis of statistical and other information.
305	(c)  Track critical steps in the investigative process to
306	ensure compliance with all requirements for any report of abuse,
307	abandonment, or neglect.
308	(d)  Maintain and produce aggregate statistical reports
309	monitoring patterns of child abuse, child abandonment, and child
310	neglect. The department shall collect and analyze child-on-child
311	sexual abuse reports and include the information in aggregate
312	statistical reports.
313	(e)  Serve as a resource for the evaluation, management,
314	and planning of preventive and remedial services for children
315	who have been subject to abuse, abandonment, or neglect.
316	(f)  Initiate and enter into agreements with other states
317	for the purpose of gathering and sharing information contained
318	in reports on child maltreatment to further enhance programs for
319	the protection of children.
320	(7)  On an ongoing basis, the department's quality
321	assurance program shall review calls, fax reports, and web-based
322	reports to the hotline involving three or more unaccepted
323	reports on a single child, where jurisdiction applies, in order
324	to detect such things as harassment and situations that warrant
325	an investigation because of the frequency or variety of the
326	source of the reports. The Program Director for Family Safety
327	may refer a case for investigation when it is determined, as a
328	result of this review, that an investigation may be warranted.
329	Section 6.  Subsections (1) and (16) of section 39.301,
330	Florida Statutes, are amended to read:
331	39.301  Initiation of protective investigations.--
332	(1)  Upon receiving a an oral or written report of known or
333	suspected child abuse, abandonment, or neglect, or that a child
334	is in need of supervision and care and has no parent, legal
335	custodian, or responsible adult relative immediately known and
336	available to provide supervision and care, the central abuse
337	hotline shall determine if the report requires an immediate
338	onsite protective investigation. For reports requiring an
339	immediate onsite protective investigation, the central abuse
340	hotline shall immediately notify the department's designated
341	children and families district staff responsible for protective
342	investigations to ensure that an onsite investigation is
343	promptly initiated. For reports not requiring an immediate
344	onsite protective investigation, the central abuse hotline shall
345	notify the department's designated children and families
346	district staff responsible for protective investigations in
347	sufficient time to allow for an investigation. At the time of
348	notification of district staff with respect to the report, the
349	central abuse hotline shall also provide information on any
350	previous report concerning a subject of the present report or
351	any pertinent information relative to the present report or any
352	noted earlier reports.
353	(16)  The department shall complete its protective
354	investigation within No later than 60 days after receiving the
355	initial report, unless: the local office of the department shall
356	complete its investigation.
357	(a)  There is an active, concurrent criminal investigation
358	that will continue beyond the 60-day period and the closure of
359	the protective investigation may compromise successful criminal
360	prosecution of the child abuse or neglect case, in which case
361	the closure date shall coincide with the closure date of the
362	criminal investigation and any resulting legal action.
363	(b)  In child death cases, the final report of the medical
364	examiner is necessary for the department to close its
365	investigation and the report has not been received within the
366	60-day period, in which case the report closure date shall be
367	extended to accommodate the medical examiner's final report.
368	(c)  A child who is necessary to an investigation has been
369	declared missing by the department, a law enforcement agency, or
370	a court, in which case the 60-day period shall be extended until
371	the child has been located or until sufficient information
372	exists to close the investigation although the child's location
373	remains unknown.
374	Section 7.  Subsections (2), (3), (4), and (5) of section
375	39.307, Florida Statutes, are amended to read:
376	39.307  Reports of child-on-child sexual abuse.--
377	(2)  District staff, at a minimum, shall adhere to the
378	following procedures:
379	(a)  The purpose of the response to a report alleging
380	juvenile sexual abuse behavior shall be explained to the
381	caregiver.
382	1.  The purpose of the response shall be explained in a
383	manner consistent with legislative purpose and intent provided
384	in this chapter.
385	2.  The name and office telephone number of the person
386	responding shall be provided to the caregiver of the alleged
387	juvenile sexual offender or the child who has exhibited
388	inappropriate sexual behavior and the victim's caregiver.
389	3.  The possible consequences of the department's response,
390	including outcomes and services, shall be explained to the
391	caregiver of the alleged juvenile sexual offender or the child
392	who has exhibited inappropriate sexual behavior and the victim's
393	family or caregiver.
394	(b)  The caregiver of the alleged juvenile sexual offender
395	or the child who has exhibited inappropriate sexual behavior and
396	the victim's caregiver of the victim shall be involved to the
397	fullest extent possible in determining the nature of the
398	allegation and the nature of any problem or risk to other
399	children.
400	(c)  The assessment of risk and the perceived treatment
401	needs of the alleged juvenile sexual offender or the child who
402	has exhibited inappropriate sexual behavior, the victim, and
403	respective caregivers shall be conducted by the district staff,
404	the child protection team of the Department of Health, and other
405	providers under contract with the department to provide services
406	to the caregiver of the alleged offender, the victim, and the
407	victim's caregiver.
408	(d)  The assessment shall be conducted in a manner that is
409	sensitive to the social, economic, and cultural environment of
410	the family.
411	(e)  If When necessary, the child protection team of the
412	Department of Health shall conduct a physical examination of the
413	victim that which is sufficient to meet forensic requirements.
414	(f)  Based on the information obtained from the alleged
415	juvenile sexual offender or the child who exhibited
416	inappropriate sexual behavior, his or her the alleged juvenile
417	sexual offender's caregiver, the victim, and the victim's
418	caregiver, an assessment service and treatment needs report must
419	be completed within 7 days and, if needed, a case plan developed
420	within 30 days.
421	(g)  The department shall classify the outcome of its
422	initial assessment of the report as follows:
423	1.  Report closed. Services were not offered to the alleged
424	juvenile sexual offender because the department determined that
425	there was no basis for intervention.
426	2.  Services accepted by alleged offender or child who has
427	exhibited inappropriate sexual behavior. Services were offered
428	to the alleged juvenile sexual offender or the child who has
429	exhibited inappropriate sexual behavior and accepted by the
430	caregiver.
431	3.  Report closed. Services were offered to the alleged
432	juvenile sexual offender or the child who has exhibited
433	inappropriate sexual behavior, but were rejected by the
434	caregiver.
435	4.  Notification to law enforcement. Either The risk to the
436	victim's safety and well-being cannot be reduced by the
437	provision of services or the caregiver family rejected services,
438	and notification of the alleged delinquent act or violation of
439	law to the appropriate law enforcement agency was initiated.
440	5.  Services accepted by victim. Services were offered to
441	the victim of the alleged juvenile sexual offender and accepted
442	by the caregiver.
443	6.  Report closed. Services were offered to the victim of
444	the alleged juvenile sexual offender, but were rejected by the
445	caregiver.
446	(3)  If When services have been accepted by the alleged
447	juvenile sexual offender or the child who has exhibited
448	inappropriate sexual behavior, the victim, and respective
449	caregivers or family, the department shall designate a case
450	manager and develop a specific case plan.
451	(a)  Upon receipt of the plan, the caregiver or family
452	shall indicate its acceptance of the plan in writing.
453	(b)  The case manager shall periodically review the
454	progress toward achieving the objectives of the plan in order
455	to:
456	1.  Make adjustments to the plan or take additional action
457	as provided in this part; or
458	2.  Terminate the case if when indicated by successful or
459	substantial achievement of the objectives of the plan.
460	(4)(5)  Services provided to the alleged juvenile sexual
461	offender or the child who has exhibited inappropriate sexual
462	behavior, the victim, and respective caregivers or family under
463	this section shall be voluntary and of necessary duration.
464	(5)(4)  If In the event the family or caregiver of the
465	alleged juvenile sexual offender or the child who has exhibited
466	inappropriate sexual behavior fails to adequately participate or
467	allow for the adequate participation of the child juvenile
468	sexual offender in the services or treatment delineated in the
469	case plan, the case manager may recommend that the department:
470	(a)  Close the case;
471	(b)  Refer the case to mediation or arbitration, if
472	available; or
473	(c)  Notify the appropriate law enforcement agency of
474	failure to comply.
475	Section 8.  Subsections (2) and (3) of section 39.401,
476	Florida Statutes, are amended, and subsection (5) is added to
477	that section, to read:
478	39.401  Taking a child alleged to be dependent into
479	custody; law enforcement officers and authorized agents of the
480	department.--
481	(2)  If the law enforcement officer takes the child into
482	custody, that officer shall:
483	(a)  Release the child to:
484	1.  The parent or legal custodian of the child;
485	2.  A responsible adult approved by the court when limited
486	to temporary emergency situations;
487	3.  A responsible adult relative who shall be given
488	priority consideration over a nonrelative placement when this is
489	in the best interests of the child; or
490	4.  The adoptive parent of the child's sibling, if such
491	sibling was previously adopted, if it is in the best interest of
492	the child to do so; or
493	5.4.  A responsible adult approved by the department; or
494	(b)  Deliver the child to an authorized agent of the
495	department, stating the facts by reason of which the child was
496	taken into custody and sufficient information to establish
497	probable cause that the child is abandoned, abused, or
498	neglected, or otherwise dependent.
499
500	For cases involving allegations of abandonment, abuse, or
501	neglect, or other dependency cases, within 3 days after such
502	release or within 3 days after delivering the child to an
503	authorized agent of the department, the law enforcement officer
504	who took the child into custody shall make a full written report
505	to the department.
506	(3)  If the child is taken into custody by, or is delivered
507	to, an authorized agent of the department, the authorized agent
508	shall review the facts supporting the removal with an attorney
509	representing the department. The purpose of the this review is
510	shall be to determine whether there is probable cause exists for
511	the filing of a shelter petition.
512	(a)  If the facts are not sufficient to support the filing
513	of a shelter petition, the child shall immediately be returned
514	to the custody of the parent or legal custodian.
515	(b)  If the facts are sufficient to support the filing of
516	the shelter petition and the child has not been returned to the
517	custody of the parent or legal custodian, the department shall
518	file the petition and schedule a hearing, and the attorney
519	representing the department shall request that a shelter hearing
520	be held within as quickly as possible, not to exceed 24 hours
521	after the removal of the child. While awaiting the shelter
522	hearing, the authorized agent of the department may place the
523	child in licensed shelter care or may release the child to a
524	parent or legal custodian or responsible adult relative who
525	shall be given priority consideration over a licensed placement,
526	or a responsible adult approved by the department if when this
527	is in the best interests of the child. Any Placement of a child
528	which is not in a licensed shelter must be preceded by a
529	criminal history records check as required under s. 39.0138
530	local and state criminal records check, as well as a search of
531	the department's automated abuse information system, on all
532	members of the household, to assess the child's safety within
533	the home. In addition, the department may authorize placement of
534	a housekeeper/homemaker in the home of a child alleged to be
535	dependent until the parent or legal custodian assumes care of
536	the child.
537	(5)  Judicial review and approval is required within 24
538	hours after placement for all nonrelative placements. A
539	nonrelative placement must be for a specific and predetermined
540	period of time, not to exceed 12 months, and shall be reviewed
541	by the court at least every 6 months. If the nonrelative
542	placement continues for longer than 12 months, the department
543	shall request the court to establish permanent guardianship or
544	require that the nonrelative seek licensure as a foster care
545	provider within 30 days after the court decision.
546	Section 9.  Subsections (1) and (17) of section 39.502,
547	Florida Statutes, are amended to read:
548	39.502  Notice, process, and service.--
549	(1)(a)  Unless parental rights have been terminated, all
550	parents must be notified of all proceedings or hearings
551	involving the child. Notice in cases involving shelter hearings
552	and hearings resulting from medical emergencies must be that
553	most likely to result in actual notice to the parents. In all
554	other dependency proceedings, notice must be provided in
555	accordance with subsections (4)-(9).
556	(b)  A foster parent or a preadoptive parent must receive
557	at least 72-hour notice, either verbally or in writing, of all
558	proceedings or hearings relating to a child in his or her care,
559	or whom the parent is seeking to adopt.
560	(17)  The parent or legal custodian of the child, the
561	attorney for the department, the guardian ad litem, the foster
562	parent, the preadoptive parent, and all other parties and
563	participants shall be given reasonable notice of all hearings
564	provided for under this part.
565	Section 10.  Subsection (6) of section 39.503, Florida
566	Statutes, is amended to read:
567	39.503  Identity or location of parent unknown; special
568	procedures.--
569	(6)  The diligent search required by subsection (5) must
570	include, at a minimum, inquiries of all relatives of the parent
571	or prospective parent made known to the petitioner, inquiries of
572	all offices of program areas of the department likely to have
573	information about the parent or prospective parent, inquiries of
574	other state and federal agencies likely to have information
575	about the parent or prospective parent, inquiries of appropriate
576	utility and postal providers, a thorough search of at least one
577	electronic database specifically designed for locating persons,
578	a search of the putative father registry, and inquiries of
579	appropriate law enforcement agencies. Pursuant to s. 453 of the
580	Social Security Act, 42 U.S.C. s. 653(c)(4), the department, as
581	the state agency administering Titles IV-B and IV-E of the act,
582	along with any entity contracted by the department to perform
583	diligent searches, shall be provided access to the federal and
584	state parent locator service for diligent search activities. A
585	search using an electronic database specifically designed for
586	locating persons shall be accepted by the court as a sufficient
587	diligent search provided the search tool encompasses all
588	reasonably available public databases commonly used to locate
589	missing persons.
590	Section 11.  Section 39.504, Florida Statutes, is amended
591	to read:
592	39.504  Injunction pending disposition of petition;
593	penalty.--
594	(1)(a)  At any time after a protective investigation has
595	been initiated pursuant to part III When a petition for shelter
596	placement or a petition for dependency has been filed or when a
597	child has been taken into custody and reasonable cause, as
598	defined in paragraph (b), exists, the court, upon the request of
599	the department, a law enforcement officer, the state attorney,
600	or other responsible person, or upon its own motion, may, if
601	there is reasonable cause, shall have the authority to issue an
602	injunction to prevent any act of child abuse or any unlawful
603	sexual offense involving a child.
604	(b)  Reasonable cause for the issuance of an injunction
605	exists if there is evidence of child abuse or an unlawful sexual
606	offense involving a child or if there is a reasonable likelihood
607	of such abuse or offense occurring based upon a recent overt act
608	or failure to act.
609	(2)  Notice shall be provided to the parties as set forth
610	in the Florida Rules of Juvenile Procedure, unless the child is
611	reported to be in imminent danger, in which case the court may
612	issue an injunction immediately. A judge may issue an emergency
613	injunction pursuant to this section without notice if at times
614	when the court is closed for the transaction of judicial
615	business. If When such an immediate injunction is issued, the
616	court must shall hold a hearing on the next day of judicial
617	business either to dissolve the injunction or to continue or
618	modify it in accordance with the other provisions of this
619	section.
620	(3)(a)  If In every instance in which an injunction is
621	issued under this section, the primary purpose of the injunction
622	must be shall be primarily to protect and promote the best
623	interests of the child, taking the preservation of the child's
624	immediate family into consideration. The effective period of the
625	injunction shall be determined by the court, except that the
626	injunction will expire at the time of the disposition of the
627	petition for shelter placement or dependency.
628	(a)(b)  The injunction shall apply to the alleged or actual
629	offender in a case of child abuse or acts of domestic violence
630	an unlawful sexual offense involving a child. The conditions of
631	the injunction shall be determined by the court, which
632	conditions may include ordering the alleged or actual offender
633	to:
634	1.  Refrain from further abuse or acts of domestic violence
635	unlawful sexual activity involving a child.
636	2.  Participate in a specialized treatment program.
637	3.  Limit contact or communication with the child victim,
638	other children in the home, or any other child.
639	4.  Refrain from contacting the child at home, school,
640	work, or wherever the child may be found.
641	5.  Have limited or supervised visitation with the child.
642	6.  Pay temporary support for the child or other family
643	members; the costs of medical, psychiatric, and psychological
644	treatment for the child victim incurred as a result of the
645	offenses; and similar costs for other family members.
646	7.  Vacate the home in which the child resides.
647	(b)  If the intent of the injunction is to protect the
648	child from domestic violence, the conditions may also include:
649	1.  Awarding the exclusive use and possession of the
650	dwelling to the caregiver or excluding the alleged or actual
651	offender from the residence of the caregiver.
652	2.  Awarding the temporary custody of the child to the
653	caregiver.
654	3.  Establishing temporary support for the child.
655
656	This paragraph does not preclude the adult victim of domestic
657	violence from seeking protection under s. 741.30.
658	(c)  The terms of the injunction shall remain in effect
659	until modified or dissolved by the court. The petitioner,
660	respondent, or caregiver may move at any time to modify or
661	dissolve the injunction. The injunction is valid and enforceable
662	in all counties in the state. At any time prior to the
663	disposition of the petition, the alleged or actual offender may
664	offer the court evidence of changed circumstances as a ground to
665	dissolve or modify the injunction.
666	(4)  The process of service to the respondent shall be
667	carried out pursuant to s. 741.30. The department shall deliver
668	a copy of any injunction issued pursuant to this section shall
669	be delivered to the protected party, or a parent or caregiver or
670	individual acting in the place of a parent who is not the
671	respondent, and to any law enforcement agency having
672	jurisdiction to enforce such injunction. Upon delivery of the
673	injunction to the appropriate law enforcement agency, the agency
674	shall have the duty and responsibility to enforce the
675	injunction. Law enforcement officers may exercise their arrest
676	powers as provided in s. 901.15(6) to enforce the terms of the
677	injunction.
678	(5)  Any person who fails to comply with an injunction
679	issued pursuant to this section commits is guilty of a
680	misdemeanor of the first degree, punishable as provided in s.
681	775.082 or s. 775.083.
682	Section 12.  Subsection (7) of section 39.507, Florida
683	Statutes, is amended to read:
684	39.507  Adjudicatory hearings; orders of adjudication.--
685	(7)(a)  For as long as a court maintains jurisdiction over
686	a dependency case, only one order adjudicating each child in the
687	case dependent shall be entered. This order establishes the
688	legal status of the child for purposes of proceedings under this
689	chapter and may be based on the conduct of one parent, both
690	parents, or a legal custodian.
691	(b)  Upon a properly noticed motion, a subsequent
692	evidentiary hearing may be held regarding the conduct of one
693	parent, both parents, or a custodian. With court approval,
694	supplemental findings made beyond a preponderance of the
695	evidence may be entered. However, the court must determine
696	whether each parent or legal custodian identified in the case
697	abused, abandoned, or neglected the child in a subsequent
698	evidentiary hearing. If the evidentiary hearing is conducted
699	subsequent to the adjudication of the child, the court shall
700	supplement the adjudicatory order, disposition order, and the
701	case plan, as necessary. The child's dependency status may not
702	be retried or readjudicated.
703	(c)  If a court adjudicates a child dependent and the child
704	is in out-of-home care, the court shall inquire of the parent or
705	parents whether the parents have relatives who might be
706	considered as a placement for the child. The court shall advise
707	the parents that, if the parents fail to substantially comply
708	with the case plan, their parental rights may be terminated and
709	that the child's out-of-home placement may become permanent. The
710	parent or parents shall provide to the court and all parties
711	identification and location information of the relatives.
712	Section 13.  Paragraphs (a) and (f) of subsection (1) of
713	section 39.521, Florida Statutes, are amended to read:
714	39.521  Disposition hearings; powers of disposition.--
715	(1)  A disposition hearing shall be conducted by the court,
716	if the court finds that the facts alleged in the petition for
717	dependency were proven in the adjudicatory hearing, or if the
718	parents or legal custodians have consented to the finding of
719	dependency or admitted the allegations in the petition, have
720	failed to appear for the arraignment hearing after proper
721	notice, or have not been located despite a diligent search
722	having been conducted.
723	(a)  A written case plan and a predisposition study
724	prepared by an authorized agent of the department must be filed
725	with the court and served upon the parents of the child,
726	provided to the representative of the guardian ad litem program,
727	if the program has been appointed, and provided to all other
728	parties, not less than 72 hours before the disposition hearing.
729	All such case plans must be approved by the court. If the court
730	does not approve the case plan at the disposition hearing, the
731	court must set a hearing within 30 days after the disposition
732	hearing to review and approve the case plan. The court may grant
733	an exception to the requirement for a predisposition study by
734	separate order or within the judge's order of disposition upon
735	finding that all information regarding the family and child
736	required by subsection (2) is available in other documents filed
737	with the court.
738	(f)  If the court places the child in an out-of-home
739	placement, the disposition order must include a written
740	determination that the child cannot safely remain at home with
741	reunification or family preservation services and that removal
742	of the child is necessary to protect the child. If the child is
743	has been removed before the disposition hearing, the order must
744	also include a written determination as to whether, after
745	removal, the department has made a reasonable effort to reunify
746	the parent and child, if reasonable efforts are required.
747	Reasonable efforts to reunify are not required if the court
748	finds has found that any of the acts listed in s. 39.806(1)(f)-
749	(i) have occurred. The department has the burden of
750	demonstrating that it has made reasonable efforts under this
751	paragraph.
752	1.  For the purposes of this paragraph, the term
753	"reasonable effort" means the exercise of reasonable diligence
754	and care by the department to provide the services ordered by
755	the court or delineated in the case plan.
756	2.  In support of its determination as to whether
757	reasonable efforts have been made, the court shall:
758	a.  Enter written findings as to whether or not prevention
759	or reunification efforts were indicated.
760	b.  If prevention or reunification efforts were indicated,
761	include a brief written description of what appropriate and
762	available prevention and reunification efforts were made.
763	c.  Indicate in writing why further efforts could or could
764	not have prevented or shortened the separation of the parent and
765	child.
766	3.  A court may find that the department has made a
767	reasonable effort to prevent or eliminate the need for removal
768	if:
769	a.  The first contact of the department with the family
770	occurs during an emergency;
771	b.  The appraisal by the department of the home situation
772	indicates that it presents a substantial and immediate danger to
773	the child's safety or physical, mental, or emotional health
774	which cannot be mitigated by the provision of preventive
775	services;
776	c.  The child cannot safely remain at home, either because
777	there are no preventive services that can ensure the health and
778	safety of the child or, even with appropriate and available
779	services being provided, the health and safety of the child
780	cannot be ensured; or
781	d.  The parent is alleged to have committed any of the acts
782	listed as grounds for expedited termination of parental rights
783	under in s. 39.806(1)(f)-(i).
784	4.  A reasonable effort by the department for reunification
785	of the parent and child has been made if the appraisal of the
786	home situation by the department indicates that the severity of
787	the conditions of dependency is such that reunification efforts
788	are inappropriate. The department has the burden of
789	demonstrating to the court that reunification efforts were
790	inappropriate.
791	5.  If the court finds that the prevention or reunification
792	effort of the department would not have permitted the child to
793	remain safely at home, the court may commit the child to the
794	temporary legal custody of the department or take any other
795	action authorized by this chapter.
796	Section 14.  Subsection (5) of section 39.701, Florida
797	Statutes, is amended to read:
798	39.701  Judicial review.--
799	(5)  Notice of a judicial review hearing or a citizen
800	review panel hearing, and a copy of the motion for judicial
801	review, if any, must be served by the clerk of the court on all
802	of the following persons, if available to be served, regardless
803	of whether or not the person was present at the previous hearing
804	at which the date, time, and location of the hearing was
805	announced upon:
806	(a)  The social service agency charged with the supervision
807	of care, custody, or guardianship of the child, if that agency
808	is not the movant.
809	(b)  The foster parent or legal custodian in whose home the
810	child resides.
811	(c)  The parents.
812	(d)  The guardian ad litem for the child, or the
813	representative of the guardian ad litem program if the program
814	has been appointed.
815	(e)  The attorney for the child.
816	(f)  The child, if the child is 13 years of age or older.
817	(g)(e)  Any preadoptive parent.
818	(h)(f)  Such other persons as the court may in its
819	discretion direct.
820
821	Service of notice is not required on any of the persons listed
822	in paragraphs (a)-(f) if the person was present at the previous
823	hearing during which the date, time, and location of the hearing
824	was announced.
825	Section 15.  Paragraph (d) is added to subsection (1) of
826	section 63.0541, Florida Statutes, to read:
827	63.0541  Public records exemption for the Florida Putative
828	Father Registry.--
829	(1)  All information contained in the Florida Putative
830	Father Registry and maintained by the Office of Vital Statistics
831	within the Department of Health is confidential and exempt from
832	public disclosure pursuant to s. 119.07(1) and s. 24(a), Art. I
833	of the State Constitution, except as otherwise provided in this
834	section. Information made confidential and exempt by this
835	section shall be disclosed to:
836	(d)  The department, upon the filing of a request for a
837	diligent search of the Florida Putative Father Registry pursuant
838	to s. 39.503.
839	Section 16.  Subsection (4) of section 322.142, Florida
840	Statutes, is amended to read:
841	322.142  Color photographic or digital imaged licenses.--
842	(4)  The department may maintain a film negative or print
843	file. The department shall maintain a record of the digital
844	image and signature of the licensees, together with other data
845	required by the department for identification and retrieval.
846	Reproductions from the file or digital record are exempt from
847	the provisions of s. 119.07(1) and shall be made and issued only
848	for departmental administrative purposes; for the issuance of
849	duplicate licenses; in response to law enforcement agency
850	requests; to the Department of State pursuant to an interagency
851	agreement to facilitate determinations of eligibility of voter
852	registration applicants and registered voters in accordance with
853	ss. 98.045 and 98.075; to the Department of Revenue pursuant to
854	an interagency agreement for use in establishing paternity and
855	establishing, modifying, or enforcing support obligations in
856	Title IV-D cases; to the Department of Children and Family
857	Services pursuant to an interagency agreement to conduct
858	protective investigations under part III of chapter 39 and s.
859	415.104 and for purposes of expediting the determination of
860	eligibility for public assistance; or to the Department of
861	Financial Services pursuant to an interagency agreement to
862	facilitate the location of owners of unclaimed property, the
863	validation of unclaimed property claims, and the identification
864	of fraudulent or false claims, and are exempt from the
865	provisions of s. 119.07(1).
866	Section 17.  Section 402.401, Florida Statutes, is amended
867	to read:
868	402.401  Florida Child Welfare Student Loan Forgiveness
869	Program.--
870	(1)  There is created the Florida Child Welfare Student
871	Loan Forgiveness Program to be administered by the Department of
872	Children and Family Services Education. The program shall
873	provide loan reimbursement assistance to eligible employees in
874	child welfare positions that are critical to the department's
875	mission, as determined by the department, and that are within
876	the department, a law enforcement agency, or a contracted
877	community-based care agency students for upper-division
878	undergraduate and graduate study. The primary purpose of the
879	program is to attract capable and promising students to the
880	child welfare profession, increase employment and retention of
881	individuals who are working towards or who have received either
882	a bachelor's degree or a master's degree in social work, or any
883	human services subject area that qualifies the individual for
884	employment as a family services worker, and provide
885	opportunities for persons making midcareer decisions to enter
886	the child welfare profession. The State Board of Education shall
887	adopt rules necessary to administer the program.
888	(2)(a)  To be eligible for a program loan, the employee's
889	outstanding student loans may not be in a default status. The
890	department shall adopt rules pursuant to ss. 120.536(1) and
891	120.54 necessary to administer the program. a candidate shall:
892	1.  Be a full-time student at the upper-division
893	undergraduate or graduate level in a social work program
894	approved by the Council on Social Work Education leading to
895	either a bachelor's degree or a master's degree in social work
896	or an accredited human services degree program.
897	2.  Have declared an intent to work in child welfare for at
898	least the number of years for which a forgivable loan is
899	received at the Department of Children and Family Services or
900	its successor, or with an eligible lead community-based provider
901	as defined in s. 409.1671.
902	3.  If applying for an undergraduate forgivable loan, have
903	maintained a minimum cumulative grade point average of at least
904	a 2.5 on a 4.0 scale for all undergraduate work. Renewal
905	applicants for undergraduate loans shall have maintained a
906	minimum cumulative grade point average of at least a 2.5 on a
907	4.0 scale for all undergraduate work and have earned at least 12
908	semester credits per term, or the equivalent.
909	4.  If applying for a graduate forgivable loan, have
910	maintained an undergraduate cumulative grade point average of at
911	least a 3.0 on a 4.0 scale or have attained a Graduate Record
912	Examination score of at least 1,000. Renewal applicants for
913	graduate loans shall have maintained a minimum cumulative grade
914	point average of at least a 3.0 on a 4.0 scale for all graduate
915	work and have earned at least 9 semester credits per term, or
916	the equivalent.
917	(b)  An undergraduate forgivable loan may be awarded for 2
918	undergraduate years, not to exceed $4,000 per year.
919	(c)  A graduate forgivable loan may be awarded for 2
920	graduate years, not to exceed $8,000 per year. In addition to
921	meeting criteria specified in paragraph (a), a loan recipient at
922	the graduate level shall:
923	1.  Hold a bachelor's degree from a school or department of
924	social work at any college or university accredited by the
925	Council on Social Work Education, or hold a degree in a human
926	services field from an accredited college or university.
927	2.  Not have received an undergraduate forgivable loan as
928	provided for in paragraph (b).
929	(d)  The State Board of Education shall adopt by rule
930	repayment schedules and applicable interest rates under ss.
931	1009.82 and 1009.95. A forgivable loan must be repaid within 10
932	years after completion of a program of studies.
933	1.  Credit for repayment of an undergraduate or graduate
934	forgivable loan shall be in an amount not to exceed $4,000 in
935	loan principal plus applicable accrued interest for each full
936	year of eligible service in the child welfare profession.
937	2.  Any forgivable loan recipient who fails to work at the
938	Department of Children and Family Services or its successor, or
939	with an eligible lead community-based provider as defined in s.
940	409.1671, is responsible for repaying the loan plus accrued
941	interest at 8 percent annually.
942	3.  Forgivable loan recipients may receive loan repayment
943	credit for child welfare service rendered at any time during the
944	scheduled repayment period. However, such repayment credit shall
945	be applicable only to the current principal and accrued interest
946	balance that remains at the time the repayment credit is earned.
947	No loan recipient shall be reimbursed for previous cash payments
948	of principal and interest.
949	(3)  This section shall be implemented only as specifically
950	funded.
951	Section 18.  Paragraphs (h) and (j) of subsection (1) of
952	section 409.1671, Florida Statutes, are amended to read:
953	409.1671  Foster care and related services; outsourcing.--
954	(1)
955	(h)  Other than an entity to which s. 768.28 applies, any
956	eligible lead community-based provider, as defined in paragraph
957	(e), or its employees or officers, except as otherwise provided
958	in paragraph (i), must, as a part of its contract, obtain a
959	minimum of $1 million per claim/$3 million per incident in
960	general liability insurance coverage. The eligible lead
961	community-based provider must also require that staff who
962	transport client children and families in their personal
963	automobiles in order to carry out their job responsibilities
964	obtain minimum bodily injury liability insurance in the amount
965	of $100,000 per claim, $300,000 per incident, on their personal
966	automobiles. In lieu of such personal motor vehicle insurance,
967	the lead community-based provider's casualty, liability, or
968	motor vehicle insurance carrier may provide nonowned automobile
969	coverage that would provide the lead community-based provider
970	with coverage for automobiles that the lead community-based
971	provider does not own, lease, rent, or borrow and that are used
972	in connection with the lead community-based provider's business.
973	This coverage includes automobiles owned by the lead community-
974	based provider's employees or a member of their households but
975	only when the automobile is used in connection with the lead
976	community-based provider's business. The nonowned automobile
977	coverage for the lead community-based provider would apply as
978	excess coverage over any other collectible insurance. The
979	personal automobile policy for the employee of the lead
980	community-based provider would be primary, and the nonowned
981	automobile coverage of the lead community-based provider would
982	be excess. The lead community-based provider shall provide a
983	minimum limit of $1,000,000 in nonowned automobile coverage. In
984	any tort action brought against such an eligible lead community-
985	based provider or employee, net economic damages shall be
986	limited to $1 million per liability claim and $100,000 per
987	automobile claim, including, but not limited to, past and future
988	medical expenses, wage loss, and loss of earning capacity,
989	offset by any collateral source payment paid or payable. In any
990	tort action brought against such an eligible lead community-
991	based provider, noneconomic damages shall be limited to $200,000
992	per claim. A claims bill may be brought on behalf of a claimant
993	pursuant to s. 768.28 for any amount exceeding the limits
994	specified in this paragraph. Any offset of collateral source
995	payments made as of the date of the settlement or judgment shall
996	be in accordance with s. 768.76. The lead community-based
997	provider shall not be liable in tort for the acts or omissions
998	of its subcontractors or the officers, agents, or employees of
999	its subcontractors.
1000	(j)  Any subcontractor of an eligible lead community-based
1001	provider, as defined in paragraph (e), which is a direct
1002	provider of foster care and related services to children and
1003	families, and its employees or officers, except as otherwise
1004	provided in paragraph (i), must, as a part of its contract,
1005	obtain a minimum of $1 million per claim/$3 million per incident
1006	in general liability insurance coverage. The subcontractor of an
1007	eligible lead community-based provider must also require that
1008	staff who transport client children and families in their
1009	personal automobiles in order to carry out their job
1010	responsibilities obtain minimum bodily injury liability
1011	insurance in the amount of $100,000 per claim, $300,000 per
1012	incident, on their personal automobiles. In lieu of such
1013	personal motor vehicle insurance, the subcontractor's casualty,
1014	liability, or motor vehicle insurance carrier may provide
1015	nonowned automobile coverage that would provide the
1016	subcontractor with coverage for automobiles that the
1017	subcontractor does not own, lease, rent, or borrow and that are
1018	used in connection with the subcontractor's business. This
1019	coverage includes automobiles owned by the subcontractor 's
1020	employees or a member of their households but only when the
1021	automobile is used in connection with the subcontractor's
1022	business. The nonowned automobile coverage for the subcontractor
1023	would apply as excess coverage over any other collectible
1024	insurance. The personal automobile policy for the employee of
1025	the subcontractor would be primary, and the nonowned automobile
1026	coverage of the subcontractor would be excess. The subcontractor
1027	shall provide a minimum limit of $1,000,000 in nonowned
1028	automobile coverage. In any tort action brought against such
1029	subcontractor or employee, net economic damages shall be limited
1030	to $1 million per liability claim and $100,000 per automobile
1031	claim, including, but not limited to, past and future medical
1032	expenses, wage loss, and loss of earning capacity, offset by any
1033	collateral source payment paid or payable. In any tort action
1034	brought against such subcontractor, noneconomic damages shall be
1035	limited to $200,000 per claim. A claims bill may be brought on
1036	behalf of a claimant pursuant to s. 768.28 for any amount
1037	exceeding the limits specified in this paragraph. Any offset of
1038	collateral source payments made as of the date of the settlement
1039	or judgment shall be in accordance with s. 768.76.
1040	Section 19.  Paragraph (a) of subsection (4) of section
1041	409.175, Florida Statutes, is amended to read:
1042	409.175  Licensure of family foster homes, residential
1043	child-caring agencies, and child-placing agencies; public
1044	records exemption.--
1045	(4)(a)  A person, family foster home, or residential child-
1046	caring agency may shall not provide receive a child for
1047	continuing full-time child care or custody unless such person,
1048	home, or agency has first procured a license from the department
1049	to provide such care. This requirement does not apply to a
1050	person who is a relative of the child by blood, marriage, or
1051	adoption, or to a permanent legal guardian established under s.
1052	39.6221, a person who has received the child from the
1053	department, a licensed child-placing agency, or an intermediary
1054	for the purposes of adoption pursuant to chapter 63.
1055	Section 20.  Subsection (3) of section 787.04, Florida
1056	Statutes, is amended to read:
1057	787.04  Removing minors from state or concealing minors
1058	contrary to state agency order or court order.--
1059	(3)  It is unlawful for any person, with criminal intent,
1060	to knowingly and willfully lead, take, entice, or remove a minor
1061	beyond the limits of this state, or to knowingly and willfully
1062	conceal the location of a minor, during the pendency of a
1063	dependency proceeding affecting such minor or during the
1064	pendency of any investigation, action, or proceeding concerning
1065	the alleged abuse or neglect of such minor, after having
1066	received actual or constructive notice of the pendency of such
1067	investigation, action, or proceeding and without the permission
1068	of the state agency or court in which the investigation, action,
1069	or proceeding is pending.
1070	Section 21.  Subsection (1) of section 937.021, Florida
1071	Statutes, is amended to read:
1072	937.021  Missing child reports.--
1073	(1)  Upon the filing of a police report that a child is
1074	missing by the parent or guardian, the Department of Children
1075	and Family Services, a community-based care provider, or the
1076	appropriate law enforcement agency providing investigative
1077	services for the department, the law enforcement agency
1078	receiving the report shall immediately inform all on-duty law
1079	enforcement officers of the existence of the missing child
1080	report, communicate the report to every other law enforcement
1081	agency having jurisdiction in the county, and transmit the
1082	report for inclusion within the Florida Crime Information Center
1083	computer. A law enforcement agency may not require a reporter to
1084	present an order that a child be taken into custody or any other
1085	such order before accepting a report that a child is missing.
1086	Section 22.  Paragraph (b) of subsection (3) of section
1087	39.0015, Florida Statutes, is amended to read:
1088	39.0015  Child abuse prevention training in the district
1089	school system.--
1090	(3)  DEFINITIONS.--As used in this section:
1091	(b)  "Child abuse" means those acts as defined in ss.
1092	39.01(1), (2), (32) (31), (42) (41), (44) (43), (56) (55), and
1093	(67) (66), 827.04, and 984.03(1), (2), and (37).
1094	Section 23.  Subsection (5) of section 39.205, Florida
1095	Statutes, is amended to read:
1096	39.205  Penalties relating to reporting of child abuse,
1097	abandonment, or neglect.--
1098	(5)  If the department or its authorized agent has
1099	determined after its investigation that a report is false, the
1100	department shall, with the consent of the alleged perpetrator,
1101	refer the report to the local law enforcement agency having
1102	jurisdiction for an investigation to determine whether
1103	sufficient evidence exists to refer the case for prosecution for
1104	filing a false report as defined in s. 39.01(29)(28). During the
1105	pendency of the investigation by the local law enforcement
1106	agency, the department must notify the local law enforcement
1107	agency of, and the local law enforcement agency must respond to,
1108	all subsequent reports concerning children in that same family
1109	in accordance with s. 39.301. If the law enforcement agency
1110	believes that there are indicators of abuse, abandonment, or
1111	neglect, it must immediately notify the department, which must
1112	assure the safety of the children. If the law enforcement agency
1113	finds sufficient evidence for prosecution for filing a false
1114	report, it must refer the case to the appropriate state attorney
1115	for prosecution.
1116	Section 24.  Subsection (1) of section 39.302, Florida
1117	Statutes, is amended to read:
1118	39.302  Protective investigations of institutional child
1119	abuse, abandonment, or neglect.--
1120	(1)  The department shall conduct a child protective
1121	investigation of each report of institutional child abuse,
1122	abandonment, or neglect. Upon receipt of a report that alleges
1123	that an employee or agent of the department, or any other entity
1124	or person covered by s. 39.01(33) or (47)(32) or (46), acting in
1125	an official capacity, has committed an act of child abuse,
1126	abandonment, or neglect, the department shall initiate a child
1127	protective investigation within the timeframe established by the
1128	central abuse hotline under s. 39.201(5) and orally notify the
1129	appropriate state attorney, law enforcement agency, and
1130	licensing agency. These agencies shall immediately conduct a
1131	joint investigation, unless independent investigations are more
1132	feasible. When conducting investigations onsite or having face-
1133	to-face interviews with the child, such investigation visits
1134	shall be unannounced unless it is determined by the department
1135	or its agent that the unannounced visits would threaten the
1136	safety of the child. When a facility is exempt from licensing,
1137	the department shall inform the owner or operator of the
1138	facility of the report. Each agency conducting a joint
1139	investigation is entitled to full access to the information
1140	gathered by the department in the course of the investigation. A
1141	protective investigation must include an onsite visit of the
1142	child's place of residence. In all cases, the department shall
1143	make a full written report to the state attorney within 3
1144	working days after making the oral report. A criminal
1145	investigation shall be coordinated, whenever possible, with the
1146	child protective investigation of the department. Any interested
1147	person who has information regarding the offenses described in
1148	this subsection may forward a statement to the state attorney as
1149	to whether prosecution is warranted and appropriate. Within 15
1150	days after the completion of the investigation, the state
1151	attorney shall report the findings to the department and shall
1152	include in the report a determination of whether or not
1153	prosecution is justified and appropriate in view of the
1154	circumstances of the specific case.
1155	Section 25.  Paragraphs (b) and (c) of subsection (2) of
1156	section 39.6011, Florida Statutes, are amended to read:
1157	39.6011  Case plan development.--
1158	(2)  The case plan must be written simply and clearly in
1159	English and, if English is not the principal language of the
1160	child's parent, to the extent possible in the parent's principal
1161	language. Each case plan must contain:
1162	(b)  The permanency goal as defined in s. 39.01(52)(51).
1163	(c)  If concurrent planning is being used, a description of
1164	the permanency goal of reunification with the parent or legal
1165	custodian in addition to a description of one of the remaining
1166	permanency goals described in s. 39.01(52)(51).
1167	Section 26.  Paragraph (a) of subsection (1) of section
1168	39.828, Florida Statutes, is amended to read:
1169	39.828  Grounds for appointment of a guardian advocate.--
1170	(1)  The court shall appoint the person named in the
1171	petition as a guardian advocate with all the powers and duties
1172	specified in s. 39.829 for an initial term of 1 year upon a
1173	finding that:
1174	(a)  The child named in the petition is or was a drug
1175	dependent newborn as described in s. 39.01(32)(g)(31)(g);
1176	Section 27.  Paragraph (d) of subsection (1) of section
1177	419.001, Florida Statutes, is amended to read:
1178	419.001  Site selection of community residential homes.--
1179	(1)  For the purposes of this section, the following
1180	definitions shall apply:
1181	(d)  "Resident" means any of the following: a frail elder
1182	as defined in s. 429.65; a physically disabled or handicapped
1183	person as defined in s. 760.22(7)(a); a developmentally disabled
1184	person as defined in s. 393.063; a nondangerous mentally ill
1185	person as defined in s. 394.455(18); or a child who is found to
1186	be dependent or a child in need of services as defined in s.
1187	39.01(15)(14), s. 984.03(9) or (12), or s. 985.03.
1188	Section 28.  Effective upon this act becoming a law, and
1189	operating retroactively to June 29, 2008, subsection (3) of
1190	section 1 of chapter 2007-174, Laws of Florida, is amended to
1191	read:
1192	Section 1.  Flexibility for the Department of Children and
1193	Family Services.--
1194	(3)  This section expires June 30, 2009 2008.
1195	Section 29.  Except as otherwise expressly provided in this
1196	act and except for this section, which shall take effect upon
1197	this act becoming a law, this act shall take effect July 1,
1198	2008.

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