HB 7077

1	A bill to be entitled
2	An act relating to child protection; amending s. 39.01,
3	F.S.; redefining the terms "abandoned" and "harm";
4	defining the term "child who has exhibited inappropriate
5	sexual behavior"; amending s. 39.0121, F.S.; authorizing
6	the Department of Children and Family Services to adopt
7	rules providing for locating and recovering missing
8	children who are involved with the department; providing
9	requirements for reports; amending s. 39.0138, F.S.;
10	requiring a criminal history check of persons being
11	considered for placement of a child to include a search of
12	the department's automated abuse information system;
13	authorizing the department to adopt rules establishing
14	standards for evaluating such information; creating s.
15	39.0141, F.S.; requiring the department, the community-
16	based care provider, or sheriff's office to file a report
17	following a determination that a child involved with the
18	department is missing; amending s. 39.201, F.S.; revising
19	provisions relating to reporting child abuse, abandonment,
20	or neglect to the central abuse hotline to allow for
21	reports by fax or web-based report; amending s. 39.301,
22	F.S.; conforming provisions to changes made by the act;
23	providing certain exceptions to the requirements that a
24	child protective investigation be closed within 60 days;
25	amending s. 39.307, F.S.; revising provision relating to
26	the provision of services to a child in cases of child-on-
27	child sexual abuse to include a child who has exhibited
28	inappropriate sexual behavior; amending s. 39.401, F.S.;
29	requiring a law enforcement officer who takes a child into
30	custody to release such child to an adoptive parent of the
31	child's sibling; authorizing the department to release a
32	child awaiting a shelter hearing to an adoptive parent of
33	the child's sibling; requiring judicial approval for the
34	placement of a child with a nonrelative; amending s.
35	39.502, F.S.; providing for notice to foster or
36	preadoptive parents of any hearings involving the child in
37	their care; amending s. 39.503, F.S.; revising the minimum
38	inquiries a petitioner for dependency or shelter must make
39	in trying to locate an identified parent or prospective
40	parent; amending s. 39.504, F.S.; revising procedures
41	related to injunctions issued to protect a child;
42	requiring that such injunctions remain in effect until
43	modified or dissolved by the court; amending s. 39.507,
44	F.S.; limiting a court to one order adjudicating
45	dependency; providing for supplemental findings; amending
46	s. 39.521, F.S.; providing an exception from the
47	requirement for a predisposition study in dependency
48	proceedings; conforming cross-references; authorizing the
49	court to place a dependent child with the adoptive parent
50	of the child's sibling if no fit parent is willing or
51	available to assume care and custody; amending s. 39.701,
52	F.S.; requiring that notice of a judicial review of a
53	child's status be served on certain persons regardless of
54	whether they attended a prior hearing at which the hearing
55	was announced; amending s. 39.8055, F.S.; revising
56	provisions relating to filing a petition to terminate
57	parental rights; expanding the grounds for terminating
58	parental rights to include conviction for the murder,
59	manslaughter, or conspiracy to murder another child of the
60	parent; amending s. 39.806, F.S.; adding additional
61	grounds for terminating parental rights; amending s.
62	322.142, F.S.; authorizing the Department of Children and
63	Family Services to be provided copies of driver's license
64	files maintained by the Department of Highway Safety and
65	Motor Vehicles for the purpose of conducting protective
66	investigations; amending s. 402.401, F.S., relating to the
67	Florida Child Welfare Student Loan Forgiveness Program;
68	transferring administration of the program to the
69	Department of Children and Family Services; amending s.
70	409.1671, F.S.; providing that a community-based provider
71	or a subcontractor of a community-based provider may
72	provide nonowned automobile liability coverage in lieu of
73	providing personal motor vehicle insurance; providing
74	terms, conditions, and applicability for nonowned
75	automobile insurance coverage; requiring a community-based
76	provider or a subcontractor of a community-based provider
77	to provide a minimum limit for nonowned automobile
78	insurance coverage; amending s. 409.175, F.S.; revising
79	requirements for licensure as a foster home or child-
80	caring agency; deleting the exemption from licensure for
81	persons who receive a child from the department;
82	clarifying that a permanent guardian is exempt from
83	licensure; amending s. 787.04, F.S.; prohibiting a person
84	from knowingly and willfully taking or removing a minor
85	from the state or concealing the location of a minor
86	during the pendency of a dependency proceeding or any
87	other action concerning alleged abuse or neglect of the
88	minor; amending s. 937.021, F.S.; requiring that a report
89	of a missing child made by the department, a community-
90	based care provider, or a sheriff's office be treated as a
91	missing child report filed by a parent or guardian;
92	prohibiting a law enforcement agency from requiring an
93	order that a child be taken into custody or any other such
94	order before accepting a missing child report for
95	investigation; amending chapter 2007-174, Laws of Florida;
96	extending the date for the repeal of provisions
97	authorizing the reorganization of the Department of
98	Children and Family Services; providing for retroactive
99	application; amending ss. 39.0015, 39.205, 39.302,
100	39.6011, 39.811, 39.828, and 419.001, F.S.; conforming
101	cross-references; permitting the Legislative Budget
102	Commission to consider the approval of a budget amendment
103	meeting certain requirements requesting additional trust
104	fund authority for expenditures enhancing child protection
105	and adoption during fiscal year 2008-2009; providing
106	effective dates.
107
108	Be It Enacted by the Legislature of the State of Florida:
109
110	Section 1.  Subsection (1) and paragraphs (e) and (g) of
111	present subsection (31) of section 39.01, Florida Statutes, are
112	amended, present subsections (14) through (74) are renumbered as
113	subsections (15) through (75), respectively, and a new
114	subsection (14) is added to that section, to read:
115	39.01  Definitions.--When used in this chapter, unless the
116	context otherwise requires:
117	(1)  "Abandoned" or "abandonment" means a situation in
118	which the parent or legal custodian of a child or, in the
119	absence of a parent or legal custodian, the caregiver
120	responsible for the child's welfare, while being able, makes no
121	provision for the child's support and has failed to establish or
122	maintain a substantial and positive relationship with the child.
123	For purposes of this subsection, "establish or maintain a
124	substantial and positive relationship" includes, but is not
125	limited to, frequent and regular contact with the child through
126	frequent and regular visitation or frequent and regular
127	communication to or with the child, and the exercise of parental
128	rights and responsibilities. Marginal efforts and incidental or
129	token visits or communications are not sufficient to establish
130	or maintain a substantial and positive relationship with a
131	child. and makes no effort to communicate with the child, which
132	situation is sufficient to evince a willful  rejection of
133	parental obligations. If the efforts of the parent or legal
134	custodian, or caregiver primarily responsible for the child's
135	welfare, to support and communicate with the child are, in the
136	opinion of the court, only marginal efforts that do not evince a
137	settled purpose to assume all parental duties, the court may
138	declare the child to be abandoned. The term "abandoned" does not
139	include an abandoned newborn infant as described in s. 383.50, a
140	"child in need of services" as defined in chapter 984, or a
141	"family in need of services" as defined in chapter 984. The
142	incarceration of a parent, legal custodian, or caregiver
143	responsible for a child's welfare may support a finding of
144	abandonment.
145	(14)  "Child who has exhibited inappropriate sexual
146	behavior" means a child who is 12 years of age or younger and
147	who has been found by the department or the court to have
148	committed an inappropriate sexual act.
149	(32)(31)  "Harm" to a child's health or welfare can occur
150	when any person:
151	(e)  Abandons the child. Within the context of the
152	definition of "harm," the term "abandoned the child" or
153	"abandonment of the child" means a situation in which the parent
154	or legal custodian of a child or, in the absence of a parent or
155	legal custodian, the caregiver, while being able, makes no
156	provision for the child's support and has failed to establish or
157	maintain a substantial and positive relationship with the child.
158	For purposes of this paragraph, "establish or maintain a
159	substantial and positive relationship" includes, but is not
160	limited to, frequent and regular contact with the child through
161	frequent and regular visitation or frequent and regular
162	communication to or with the child, and the exercise of parental
163	rights and responsibilities. Marginal efforts and incidental or
164	token visits or communications are not sufficient to establish
165	or maintain a substantial and positive relationship with a child
166	"abandons the child" means that the parent or legal custodian of
167	a child or, in the absence of a parent or legal custodian, the
168	person responsible for the child's welfare, while being able,
169	makes no provision for the child's support and makes no effort
170	to communicate with the child, which situation is sufficient to
171	evince a willful rejection of parental obligation. If the
172	efforts of the parent or legal custodian or person primarily
173	responsible for the child's welfare to support and communicate
174	with the child are only marginal efforts that do not evince a
175	settled purpose to assume all parental duties, the child may be
176	determined to have been abandoned. The term "abandoned" does not
177	include an abandoned newborn infant as described in s. 383.50.
178	(g)  Exposes a child to a controlled substance or alcohol.
179	Exposure to a controlled substance or alcohol is established by:
180	1.  A test, administered at birth, which indicated that the
181	child's blood, urine, or meconium contained any amount of
182	alcohol or a controlled substance or metabolites of such
183	substances, the presence of which was not the result of medical
184	treatment administered to the mother or the newborn infant Use
185	by the mother of a controlled substance or alcohol during
186	pregnancy when the child, at birth, is demonstrably adversely
187	affected by such usage; or
188	2.  Evidence of extensive, abusive, and Continued chronic
189	and severe use of a controlled substance or alcohol by a parent
190	when the child is demonstrably adversely affected by such usage.
191
192	As used in this paragraph, the term "controlled substance" means
193	prescription drugs not prescribed for the parent or not
194	administered as prescribed and controlled substances as outlined
195	in Schedule I or Schedule II of s. 893.03.
196	Section 2.  Subsection (16) is added to section 39.0121,
197	Florida Statutes, to read:
198	39.0121  Specific rulemaking authority.--Pursuant to the
199	requirements of s. 120.536, the department is specifically
200	authorized to adopt, amend, and repeal administrative rules
201	which implement or interpret law or policy, or describe the
202	procedure and practice requirements necessary to implement this
203	chapter, including, but not limited to, the following:
204	(16)  Provisions for reporting, locating, recovering, and
205	stabilizing children whose whereabouts become unknown while they
206	are involved with the department and for preventing recurrences
207	of such incidents. At a minimum, the rules must:
208	(a)  Provide comprehensive, explicit, and consistent
209	guidelines to be followed by the department's employees and
210	contracted providers when the whereabouts of a child involved
211	with the department is unknown.
212	(b)  Include criteria to determine when a child is missing
213	for purposes of making a report to a law enforcement agency, and
214	require that in all cases in which a law enforcement agency has
215	accepted a case for criminal investigation pursuant to s.
216	39.301(2)(c) and the child's whereabouts are unknown, the child
217	shall be considered missing and a report made.
218	(c)  Include steps to be taken by employees and contracted
219	providers to ensure and provide evidence that parents and
220	guardians have been advised of the requirements of s. 787.04(3)
221	and that violations are reported.
222	Section 3.  Subsection (1) of section 39.0138, Florida
223	Statutes, is amended to read:
224	39.0138  Criminal history records check; limit on placement
225	of a child.--
226	(1)  The department shall conduct a criminal history
227	records check on for all persons being considered by the
228	department for approval for placement of a child subject to a
229	placement decision under this chapter, including all nonrelative
230	placement decisions, all members of the household of the person
231	being considered, and frequent visitors to the household. For
232	purposes of this section, a criminal history records check may
233	include, but is not limited to, submission of fingerprints to
234	the Department of Law Enforcement for processing and forwarding
235	to the Federal Bureau of Investigation for state and national
236	criminal history information, and local criminal records checks
237	through local law enforcement agencies. A criminal history
238	records check must also include a search of the department's
239	automated abuse information system. The department shall
240	establish by rule standards for evaluating any information
241	contained in the automated system relating to a person who must
242	be screened for purposes of making a placement decision.
243	Section 4.  Section 39.0141, Florida Statutes, is created
244	to read:
245	39.0141  Missing children; report required.--Whenever the
246	whereabouts of a child involved with the department becomes
247	unknown, the department, the community-based care provider, or
248	the sheriff's office providing investigative services for the
249	department shall make reasonable efforts, as defined by rule, to
250	locate the child. If, pursuant to criteria established by rule,
251	the child is determined to be missing, the department, the
252	community-based care provider, or the sheriff's office shall
253	file a report that the child is missing in accordance with s.
254	937.021.
255	Section 5.  Subsections (2), (4), and (7) of section
256	39.201, Florida Statutes, are amended to read:
257	39.201  Mandatory reports of child abuse, abandonment, or
258	neglect; mandatory reports of death; central abuse hotline.--
259	(2)(a)  Each report of known or suspected child abuse,
260	abandonment, or neglect by a parent, legal custodian, caregiver,
261	or other person responsible for the child's welfare as defined
262	in this chapter, except those solely under s. 827.04(3), and
263	each report that a child is in need of supervision and care and
264	has no parent, legal custodian, or responsible adult relative
265	immediately known and available to provide supervision and care
266	shall be made immediately to the department's central abuse
267	hotline. Such reports may be made on the single statewide toll-
268	free telephone number or via fax or web-based report. Personnel
269	at the department's central abuse hotline shall determine if the
270	report received meets the statutory definition of child abuse,
271	abandonment, or neglect. Any report meeting one of these
272	definitions shall be accepted for the protective investigation
273	pursuant to part III of this chapter.
274	(b)  If the report is of an instance of known or suspected
275	child abuse by someone other than a parent, legal custodian,
276	caregiver, or other person responsible for the child's welfare
277	as defined in this chapter, the report or call shall be
278	immediately electronically transferred to the appropriate county
279	sheriff's office by the central abuse hotline.
280	(c)  If the report is of an instance of known or suspected
281	child abuse, abandonment, or neglect that occurred out of state
282	and the alleged perpetrator and the child alleged to be a victim
283	live out of state, the central abuse hotline shall not accept
284	the report or call for investigation, but shall transfer the
285	information on the report to the appropriate state.
286	(d)  If the report is of an instance of known or suspected
287	child abuse involving impregnation of a child under 16 years of
288	age by a person 21 years of age or older solely under s.
289	827.04(3), the report shall be made immediately to the
290	appropriate county sheriff's office or other appropriate law
291	enforcement agency. If the report is of an instance of known or
292	suspected child abuse solely under s. 827.04(3), the reporting
293	provisions of this subsection do not apply to health care
294	professionals or other persons who provide medical or counseling
295	services to pregnant children when such reporting would
296	interfere with the provision of medical services.
297	(e)  Reports involving known or suspected institutional
298	child abuse or neglect shall be made and received in the same
299	manner as all other reports made pursuant to this section.
300	(f)  Reports involving a known or suspected juvenile sexual
301	offender or a child who has exhibited inappropriate sexual
302	behavior shall be made and received by the department.
303	1.  The department shall determine the age of the alleged
304	juvenile sexual offender, if known.
305	2.  If When the alleged juvenile sexual offender is 12
306	years of age or younger, the central abuse hotline shall
307	immediately electronically transfer the report or call to the
308	county sheriff's appropriate law enforcement agency office. The
309	department shall conduct an assessment and assist the family in
310	receiving appropriate services pursuant to s. 39.307, and send a
311	written report of the allegation to the appropriate county
312	sheriff's office within 48 hours after the initial report is
313	made to the central abuse hotline.
314	3.  If When the alleged juvenile sexual offender is 13
315	years of age or older, the central abuse hotline department
316	shall immediately electronically transfer the report or call to
317	the appropriate county sheriff's office by the central abuse
318	hotline, and send a written report to the appropriate county
319	sheriff's office within 48 hours after the initial report to the
320	central abuse hotline.
321	(g)  Reports involving abandoned newborn infants as
322	described in s. 383.50 shall be made and received by the
323	department.
324	1.  If the report is of an abandoned newborn infant as
325	described in s. 383.50 and there is no indication of abuse,
326	neglect, or abandonment other than that necessarily entailed in
327	the infant having been left at a hospital, emergency medical
328	services station, or fire station, the department shall provide
329	to the caller the name of a licensed child-placing agency on a
330	rotating basis from a list of licensed child-placing agencies
331	eligible and required to accept physical custody of and to place
332	newborn infants left at a hospital, emergency medical services
333	station, or fire station. The report shall not be considered a
334	report of abuse, neglect, or abandonment solely because the
335	infant has been left at a hospital, emergency medical services
336	station, or fire station pursuant to s. 383.50.
337	2.  If the call, fax, or web-based report includes caller
338	reports indications of abuse or neglect beyond that necessarily
339	entailed in the infant having been left at a hospital, emergency
340	medical services station, or fire station, the report shall be
341	considered as a report of abuse, neglect, or abandonment and
342	shall be subject to the requirements of s. 39.395 and all other
343	relevant provisions of this chapter, notwithstanding any
344	provisions of chapter 383.
345	(h)  Hotline counselors shall receive periodic training in
346	encouraging reporters to provide their names when reporting
347	abuse, abandonment, or neglect. Callers shall be advised of the
348	confidentiality provisions of s. 39.202. The department shall
349	secure and install electronic equipment that automatically
350	provides to the hotline the number from which the call or fax is
351	placed or the Internet protocol (IP) address from which the
352	report is received. This number shall be entered into the report
353	of abuse, abandonment, or neglect and become a part of the
354	record of the report, but shall enjoy the same confidentiality
355	as provided to the identity of the reporter caller pursuant to
356	s. 39.202.
357	(i)  The department shall voice-record all incoming or
358	outgoing calls that are received or placed by the central abuse
359	hotline which relate to suspected or known child abuse, neglect,
360	or abandonment. The department shall maintain an electronic copy
361	of each fax and web-based report. The recording or electronic
362	copy of each fax and web-based report shall become a part of the
363	record of the report but, notwithstanding s. 39.202, shall be
364	released in full only to law enforcement agencies and state
365	attorneys for the purpose of investigating and prosecuting
366	criminal charges pursuant to s. 39.205, or to employees of the
367	department for the purpose of investigating and seeking
368	administrative penalties pursuant to s. 39.206. Nothing in this
369	paragraph shall prohibit the use of the recordings, the
370	electronic copies of faxes, and web-based reports by hotline
371	staff for quality assurance and training.
372	(4)  The department shall establish and maintain a central
373	abuse hotline to receive all reports made pursuant to this
374	section in writing, via fax, via web-based reporting, or through
375	a single statewide toll-free telephone number, which any person
376	may use to report known or suspected child abuse, abandonment,
377	or neglect at any hour of the day or night, any day of the week.
378	The central abuse hotline shall be operated in such a manner as
379	to enable the department to:
380	(a)  Immediately identify and locate prior reports or cases
381	of child abuse, abandonment, or neglect through utilization of
382	the department's automated tracking system.
383	(b)  Monitor and evaluate the effectiveness of the
384	department's program for reporting and investigating suspected
385	abuse, abandonment, or neglect of children through the
386	development and analysis of statistical and other information.
387	(c)  Track critical steps in the investigative process to
388	ensure compliance with all requirements for any report of abuse,
389	abandonment, or neglect.
390	(d)  Maintain and produce aggregate statistical reports
391	monitoring patterns of child abuse, child abandonment, and child
392	neglect. The department shall collect and analyze child-on-child
393	sexual abuse reports and include the information in aggregate
394	statistical reports.
395	(e)  Serve as a resource for the evaluation, management,
396	and planning of preventive and remedial services for children
397	who have been subject to abuse, abandonment, or neglect.
398	(f)  Initiate and enter into agreements with other states
399	for the purpose of gathering and sharing information contained
400	in reports on child maltreatment to further enhance programs for
401	the protection of children.
402	(7)  On an ongoing basis, the department's quality
403	assurance program shall review calls, fax reports, and web-based
404	reports to the hotline involving three or more unaccepted
405	reports on a single child, where jurisdiction applies, in order
406	to detect such things as harassment and situations that warrant
407	an investigation because of the frequency or variety of the
408	source of the reports. The Program Director for Family Safety
409	may refer a case for investigation when it is determined, as a
410	result of this review, that an investigation may be warranted.
411	Section 6.  Subsections (1) and (16) of section 39.301,
412	Florida Statutes, are amended to read:
413	39.301  Initiation of protective investigations.--
414	(1)  Upon receiving a an oral or written report of known or
415	suspected child abuse, abandonment, or neglect, or that a child
416	is in need of supervision and care and has no parent, legal
417	custodian, or responsible adult relative immediately known and
418	available to provide supervision and care, the central abuse
419	hotline shall determine if the report requires an immediate
420	onsite protective investigation. For reports requiring an
421	immediate onsite protective investigation, the central abuse
422	hotline shall immediately notify the department's designated
423	children and families district staff responsible for protective
424	investigations to ensure that an onsite investigation is
425	promptly initiated. For reports not requiring an immediate
426	onsite protective investigation, the central abuse hotline shall
427	notify the department's designated children and families
428	district staff responsible for protective investigations in
429	sufficient time to allow for an investigation. At the time of
430	notification of district staff with respect to the report, the
431	central abuse hotline shall also provide information to district
432	staff on any previous report concerning a subject of the present
433	report or any pertinent information relative to the present
434	report or any noted earlier reports.
435	(16)  The department shall complete its protective
436	investigation within No later than 60 days after receiving the
437	initial report, unless: the local office of the department shall
438	complete its investigation.
439	(a)  There is also an active, concurrent criminal
440	investigation that is continuing beyond the 60-day period and
441	the closure of the protective investigation may compromise
442	successful criminal prosecution of the child abuse or neglect
443	case, in which case the closure date shall coincide with the
444	closure date of the criminal investigation and any resulting
445	legal action.
446	(b)  In child death cases, the final report of the medical
447	examiner is necessary for the department to close its
448	investigation, and the report has not been received within the
449	60-day period, in which case the report closure date shall be
450	extended to accommodate to the report.
451	(c)  A child who is necessary to an investigation has been
452	declared missing by the department, a law enforcement agency, or
453	a court, in which case the 60-day period shall be extended until
454	the child has been located or until sufficient information
455	exists to close the investigation despite the unknown location
456	of the child.
457	Section 7.  Subsections (2), (3), (4), and (5) of section
458	39.307, Florida Statutes, are amended to read:
459	39.307  Reports of child-on-child sexual abuse.--
460	(2)  District staff, at a minimum, shall adhere to the
461	following procedures:
462	(a)  The purpose of the response to a report alleging
463	juvenile sexual abuse behavior shall be explained to the
464	caregiver.
465	1.  The purpose of the response shall be explained in a
466	manner consistent with legislative purpose and intent provided
467	in this chapter.
468	2.  The name and office telephone number of the person
469	responding shall be provided to the caregiver of the alleged
470	juvenile sexual offender or child who has exhibited
471	inappropriate sexual behavior and the victim's caregiver.
472	3.  The possible consequences of the department's response,
473	including outcomes and services, shall be explained to the
474	caregiver of the alleged juvenile sexual offender or child who
475	has exhibited inappropriate sexual behavior and the victim's
476	family or caregiver.
477	(b)  The caregiver of the alleged juvenile sexual offender
478	or child who has exhibited inappropriate sexual behavior and the
479	victim's caregiver of the victim shall be involved to the
480	fullest extent possible in determining the nature of the
481	allegation and the nature of any problem or risk to other
482	children.
483	(c)  The assessment of risk and the perceived treatment
484	needs of the alleged juvenile sexual offender or child who has
485	exhibited inappropriate sexual behavior, the victim, and
486	respective caregivers shall be conducted by the district staff,
487	the child protection team of the Department of Health, and other
488	providers under contract with the department to provide services
489	to the caregiver of the alleged offender, the victim, and the
490	victim's caregiver.
491	(d)  The assessment shall be conducted in a manner that is
492	sensitive to the social, economic, and cultural environment of
493	the family.
494	(e)  If When necessary, the child protection team of the
495	Department of Health shall conduct a physical examination of the
496	victim, which is sufficient to meet forensic requirements.
497	(f)  Based on the information obtained from the alleged
498	juvenile sexual offender or child who has exhibited
499	inappropriate sexual behavior, his or her the alleged juvenile
500	sexual offender's caregiver, the victim, and the victim's
501	caregiver, an assessment service and treatment needs report must
502	be completed within 7 days and, if needed, a case plan developed
503	within 30 days.
504	(g)  The department shall classify the outcome of its
505	initial assessment of the report as follows:
506	1.  Report closed. Services were not offered to the alleged
507	juvenile sexual offender because the department determined that
508	there was no basis for intervention.
509	2.  Services accepted by alleged offender. Services were
510	offered to the alleged juvenile sexual offender or child who has
511	exhibited inappropriate sexual behavior and accepted by the
512	caregiver.
513	3.  Report closed. Services were offered to the alleged
514	juvenile sexual offender or child who has exhibited
515	inappropriate sexual behavior, but were rejected by the
516	caregiver.
517	4.  Notification to law enforcement. Either The risk to the
518	victim's safety and well-being cannot be reduced by the
519	provision of services or the caregiver family rejected services,
520	and notification of the alleged delinquent act or violation of
521	law to the appropriate law enforcement agency was initiated.
522	5.  Services accepted by victim. Services were offered to
523	the victim of the alleged juvenile sexual offender and accepted
524	by the caregiver.
525	6.  Report closed. Services were offered to the victim of
526	the alleged juvenile sexual offender, but were rejected by the
527	caregiver.
528	(3)  If When services have been accepted by the alleged
529	juvenile sexual offender or child who has exhibited
530	inappropriate sexual behavior, the victim, and respective
531	caregivers or family, the department shall designate a case
532	manager and develop a specific case plan.
533	(a)  Upon receipt of the plan, the caregiver or family
534	shall indicate its acceptance of the plan in writing.
535	(b)  The case manager shall periodically review the
536	progress toward achieving the objectives of the plan in order
537	to:
538	1.  Make adjustments to the plan or take additional action
539	as provided in this part; or
540	2.  Terminate the case if when indicated by successful or
541	substantial achievement of the objectives of the plan.
542	(4)  Services provided to the alleged juvenile sexual
543	offender or child who has exhibited inappropriate sexual
544	behavior, the victim, and respective caregivers or family must
545	be voluntary and of necessary duration.
546	(5)(4)  If In the event the family or caregiver of the
547	alleged juvenile sexual offender or child who has exhibited
548	inappropriate sexual behavior fails to adequately participate or
549	allow for the adequate participation of the child juvenile
550	sexual offender in the services or treatment delineated in the
551	case plan, the case manager may recommend that the department:
552	(a)  Close the case;
553	(b)  Refer the case to mediation or arbitration, if
554	available; or
555	(c)  Notify the appropriate law enforcement agency of
556	failure to comply.
557	(5)  Services to the alleged juvenile sexual offender, the
558	victim, and respective caregivers or family under this section
559	shall be voluntary and of necessary duration.
560	Section 8.  Subsections (2) and (3) of section 39.401,
561	Florida Statutes, are amended, and subsection (5) is added to
562	that section, to read:
563	39.401  Taking a child alleged to be dependent into
564	custody; law enforcement officers and authorized agents of the
565	department.--
566	(2)  If the law enforcement officer takes the child into
567	custody, that officer shall:
568	(a)  Release the child to:
569	1.  The parent or legal custodian of the child;
570	2.  A responsible adult approved by the court when limited
571	to temporary emergency situations;
572	3.  A responsible adult relative or the adoptive parent of
573	the child's sibling who shall be given priority consideration
574	over a nonrelative placement when this is in the best interests
575	of the child; or
576	4.  A responsible adult approved by the department; or
577	(b)  Deliver the child to an authorized agent of the
578	department, stating the facts by reason of which the child was
579	taken into custody and sufficient information to establish
580	probable cause that the child is abandoned, abused, or
581	neglected, or otherwise dependent.
582
583	For cases involving allegations of abandonment, abuse, or
584	neglect, or other dependency cases, within 3 days after such
585	release or within 3 days after delivering the child to an
586	authorized agent of the department, the law enforcement officer
587	who took the child into custody shall make a full written report
588	to the department.
589	(3)  If the child is taken into custody by, or is delivered
590	to, an authorized agent of the department, the authorized agent
591	shall review the facts supporting the removal with an attorney
592	representing the department. The purpose of the this review is
593	shall be to determine whether there is probable cause exists for
594	the filing of a shelter petition.
595	(a)  If the facts are not sufficient to support the filing
596	of a shelter petition, the child shall immediately be returned
597	to the custody of the parent or legal custodian.
598	(b)  If the facts are sufficient to support the filing of
599	the shelter petition and the child has not been returned to the
600	custody of the parent or legal custodian, the department shall
601	file the petition and schedule a hearing, and the attorney
602	representing the department shall request that a shelter hearing
603	be held within as quickly as possible, not to exceed 24 hours
604	after the removal of the child. While awaiting the shelter
605	hearing, the authorized agent of the department may place the
606	child in licensed shelter care or may release the child to a
607	parent or legal custodian or responsible adult relative or the
608	adoptive parent of the child's sibling who shall be given
609	priority consideration over a licensed placement, or a
610	responsible adult approved by the department if when this is in
611	the best interests of the child. Any Placement of a child which
612	is not in a licensed shelter must be preceded by a criminal
613	history records check as required under s. 39.0138 local and
614	state criminal records check, as well as a search of the
615	department's automated abuse information system, on all members
616	of the household, to assess the child's safety within the home.
617	In addition, the department may authorize placement of a
618	housekeeper/homemaker in the home of a child alleged to be
619	dependent until the parent or legal custodian assumes care of
620	the child.
621	(5)  Judicial review and approval is required within 24
622	hours after placement for all nonrelative placements. A
623	nonrelative placement must be for a specific and predetermined
624	period of time, not to exceed 12 months, and shall be reviewed
625	by the court at least every 6 months. If the nonrelative
626	placement continues for longer than 12 months, the department
627	shall request the court to establish permanent guardianship or
628	require that the nonrelative seek licensure as a foster care
629	provider within 30 days after the court decision. Failure to
630	establish permanent guardianship or obtain licensure does not
631	require the court to change a child's placement unless it is in
632	the best interest of the child to do so.
633	Section 9.  Subsection (17) of section 39.502, Florida
634	Statutes, is amended to read:
635	39.502  Notice, process, and service.--
636	(17)  The parent or legal custodian of the child, the
637	attorney for the department, the guardian ad litem, the foster
638	or preadoptive parents, and all other parties and participants
639	shall be given reasonable notice of all proceedings and hearings
640	provided for under this part. All foster or preadoptive parents
641	must be provided with at least 72 hours' notice, verbally or in
642	writing, of all proceedings or hearings relating to children in
643	their care or children they are seeking to adopt to ensure the
644	ability to provide input to the court.
645	Section 10.  Subsection (6) of section 39.503, Florida
646	Statutes, is amended to read:
647	39.503  Identity or location of parent unknown; special
648	procedures.--
649	(6)  The diligent search required by subsection (5) must
650	include, at a minimum, inquiries of all relatives of the parent
651	or prospective parent made known to the petitioner, inquiries of
652	all offices of program areas of the department likely to have
653	information about the parent or prospective parent, inquiries of
654	other state and federal agencies likely to have information
655	about the parent or prospective parent, inquiries of appropriate
656	utility and postal providers, a thorough search of at least one
657	electronic database specifically designed for locating persons,
658	and inquiries of appropriate law enforcement agencies. Pursuant
659	to s. 453 of the Social Security Act, 42 U.S.C. s. 653(c)(4),
660	the department, as the state agency administering Titles IV-B
661	and IV-E of the act, shall be provided access to the federal and
662	state parent locator service for diligent search activities.
663	Section 11.  Section 39.504, Florida Statutes, is amended
664	to read:
665	39.504  Injunction pending disposition of petition;
666	penalty.--
667	(1)(a)  At any time after a protective investigation has
668	been initiated pursuant to part III of this chapter When a
669	petition for shelter placement or a petition for dependency has
670	been filed or when a child has been taken into custody and
671	reasonable cause, as defined in paragraph (b), exists, the
672	court, upon the request of the department, a law enforcement
673	officer, the state attorney, or other responsible person, or
674	upon its own motion, may, if there is reasonable cause, shall
675	have the authority to issue an injunction to prevent any act of
676	child abuse or any unlawful sexual offense involving a child.
677	(b)  Reasonable cause for the issuance of an injunction
678	exists if there is evidence of child abuse or an unlawful sexual
679	offense involving a child or if there is a reasonable likelihood
680	of such abuse or offense occurring based upon a recent overt act
681	or failure to act.
682	(2)  Notice shall be provided to the parties as set forth
683	in the Florida Rules of Juvenile Procedure, unless the child is
684	reported to be in imminent danger, in which case the court may
685	issue an injunction immediately. A judge may issue an emergency
686	injunction pursuant to this section without notice if at times
687	when the court is closed for the transaction of judicial
688	business. If When such an immediate injunction is issued, the
689	court must shall hold a hearing on the next day of judicial
690	business either to dissolve the injunction or to continue or
691	modify it in accordance with the other provisions of this
692	section.
693	(3)(a)  If In every instance in which an injunction is
694	issued under this section, the primary purpose of the injunction
695	must be shall be primarily to protect and promote the best
696	interests of the child, taking the preservation of the child's
697	immediate family into consideration. The effective period of the
698	injunction shall be determined by the court, except that the
699	injunction will expire at the time of the disposition of the
700	petition for shelter placement or dependency.
701	(a)(b)  The injunction shall apply to the alleged or actual
702	offender in a case of child abuse or acts of domestic violence
703	an unlawful sexual offense involving a child. The conditions of
704	the injunction shall be determined by the court, which
705	conditions may include ordering the alleged or actual offender
706	to:
707	1.  Refrain from further abuse or acts of domestic violence
708	unlawful sexual activity involving a child.
709	2.  Participate in a specialized treatment program.
710	3.  Limit contact or communication with the child victim,
711	other children in the home, or any other child.
712	4.  Refrain from contacting the child at home, school,
713	work, or wherever the child may be found.
714	5.  Have limited or supervised visitation with the child.
715	6.  Pay temporary support for the child or other family
716	members; the costs of medical, psychiatric, and psychological
717	treatment for the child victim incurred as a result of the
718	offenses; and similar costs for other family members.
719	7.  Vacate the home in which the child resides.
720	(b)(c)  If the intent of the injunction is to protect the
721	child from domestic violence, the conditions may also include:
722	1.  Awarding the exclusive use and possession of the
723	dwelling to the caregiver or excluding the alleged or actual
724	offender from the residence of the caregiver.
725	2.  Awarding temporary custody of the child to the
726	caregiver.
727	3.  Establishing temporary support for the child. At any
728	time prior to the disposition of the petition, the alleged or
729	actual offender may offer the court evidence of changed
730	circumstances as a ground to dissolve or modify the injunction.
731
732	This paragraph does not preclude the adult victim of domestic
733	violence from seeking protection under s. 741.30.
734	(c)  The terms of the injunction shall remain in effect
735	until modified or dissolved by the court. The petitioner,
736	respondent, or caregiver may move at any time to modify or
737	dissolve the injunction. The injunction is valid and enforceable
738	in all counties in the state.
739	(4)  Service of process on the respondent shall be carried
740	out pursuant to s. 741.30. The department shall deliver a copy
741	of any injunction issued pursuant to this section shall be
742	delivered to the protected party, or to a parent, or caregiver,
743	or individual acting in the place of a parent who is not the
744	respondent, and to any law enforcement agency having
745	jurisdiction to enforce such injunction. Law enforcement
746	officers may exercise their arrest powers as provided in s.
747	901.15(6) to enforce the terms of the injunction. Upon delivery
748	of the injunction to the appropriate law enforcement agency, the
749	agency shall have the duty and responsibility to enforce the
750	injunction.
751	(5)  Any person who fails to comply with an injunction
752	issued pursuant to this section commits is guilty of a
753	misdemeanor of the first degree, punishable as provided in s.
754	775.082 or s. 775.083.
755	Section 12.  Subsection (7) of section 39.507, Florida
756	Statutes, is amended to read:
757	39.507  Adjudicatory hearings; orders of adjudication.--
758	(7)(a)  For as long as a court maintains jurisdiction over
759	a dependency case, only one order adjudicating each child in the
760	case dependent shall be entered. This order establishes the
761	legal status of the child for purposes of proceedings under this
762	chapter and may be based on the conduct of one parent, both
763	parents, or a legal custodian.
764	(b)  However, the court must determine whether each parent
765	or legal custodian identified in the case abused, abandoned, or
766	neglected the child in a subsequent evidentiary hearing. If the
767	evidentiary hearing is conducted subsequent to the adjudication
768	of the child, the court shall supplement the adjudicatory order,
769	disposition order, and the case plan, as necessary. With the
770	exception of proceedings pursuant to s. 39.811, the child's
771	dependency status may not be retried or readjudicated.
772	(c)  If a court adjudicates a child dependent and the child
773	is in out-of-home care, the court shall inquire of the parent or
774	parents whether the parents have relatives who might be
775	considered as a placement for the child. The court shall advise
776	the parents that, if the parents fail to substantially comply
777	with the case plan, their parental rights may be terminated and
778	that the child's out-of-home placement may become permanent. The
779	parent or parents shall provide to the court and all parties
780	identification and location information of the relatives.
781	Section 13.  Paragraphs (a) and (f) of subsection (1) and
782	paragraph (c) of subsection (3) of section 39.521, Florida
783	Statutes, are amended to read:
784	39.521  Disposition hearings; powers of disposition.--
785	(1)  A disposition hearing shall be conducted by the court,
786	if the court finds that the facts alleged in the petition for
787	dependency were proven in the adjudicatory hearing, or if the
788	parents or legal custodians have consented to the finding of
789	dependency or admitted the allegations in the petition, have
790	failed to appear for the arraignment hearing after proper
791	notice, or have not been located despite a diligent search
792	having been conducted.
793	(a)  A written case plan and a predisposition study
794	prepared by an authorized agent of the department must be filed
795	with the court, and served upon the parents of the child,
796	provided to the representative of the guardian ad litem program,
797	if the program has been appointed, and provided to all other
798	parties, not less than 72 hours before the disposition hearing.
799	All such case plans must be approved by the court. If the court
800	does not approve the case plan at the disposition hearing, the
801	court must set a hearing within 30 days after the disposition
802	hearing to review and approve the case plan. The court may grant
803	an exception to the requirement for a predisposition study by
804	separate order or within the judge's order of disposition upon
805	finding that all the family and child information required by
806	subsection (2) is available in other documents filed with the
807	court.
808	(f)  If the court places the child in an out-of-home
809	placement, the disposition order must include a written
810	determination that the child cannot safely remain at home with
811	reunification or family preservation services and that removal
812	of the child is necessary to protect the child. If the child is
813	has been removed before the disposition hearing, the order must
814	also include a written determination as to whether, after
815	removal, the department has made a reasonable effort to reunify
816	the parent and child, if reasonable efforts are required.
817	Reasonable efforts to reunify are not required if the court
818	finds has found that any of the acts listed in s. 39.806(1)(f)-
819	(l) s. 39.806(1)(f)-(i) have occurred. The department has the
820	burden of demonstrating that it has made reasonable efforts
821	under this paragraph.
822	1.  For the purposes of this paragraph, the term
823	"reasonable effort" means the exercise of reasonable diligence
824	and care by the department to provide the services ordered by
825	the court or delineated in the case plan.
826	2.  In support of its determination as to whether
827	reasonable efforts have been made, the court shall:
828	a.  Enter written findings as to whether or not prevention
829	or reunification efforts were indicated.
830	b.  If prevention or reunification efforts were indicated,
831	include a brief written description of what appropriate and
832	available prevention and reunification efforts were made.
833	c.  Indicate in writing why further efforts could or could
834	not have prevented or shortened the separation of the parent and
835	child.
836	3.  A court may find that the department has made a
837	reasonable effort to prevent or eliminate the need for removal
838	if:
839	a.  The first contact of the department with the family
840	occurs during an emergency;
841	b.  The appraisal by the department of the home situation
842	indicates that it presents a substantial and immediate danger to
843	the child's safety or physical, mental, or emotional health
844	which cannot be mitigated by the provision of preventive
845	services;
846	c.  The child cannot safely remain at home, either because
847	there are no preventive services that can ensure the health and
848	safety of the child or, even with appropriate and available
849	services being provided, the health and safety of the child
850	cannot be ensured; or
851	d.  The parent is alleged to have committed any of the acts
852	listed as grounds for expedited termination of parental rights
853	under s. 39.806(1)(f)-(l) in s. 39.806(1)(f)-(i).
854	4.  A reasonable effort by the department for reunification
855	of the parent and child has been made if the appraisal of the
856	home situation by the department indicates that the severity of
857	the conditions of dependency is such that reunification efforts
858	are inappropriate. The department has the burden of
859	demonstrating to the court that reunification efforts were
860	inappropriate.
861	5.  If the court finds that the prevention or reunification
862	effort of the department would not have permitted the child to
863	remain safely at home, the court may commit the child to the
864	temporary legal custody of the department or take any other
865	action authorized by this chapter.
866	(3)  When any child is adjudicated by a court to be
867	dependent, the court shall determine the appropriate placement
868	for the child as follows:
869	(c)  If no fit parent is willing or available to assume
870	care and custody of the child, place the child in the temporary
871	legal custody of an adult relative, the adoptive parent of the
872	child's sibling, or another other adult approved by the court
873	who is willing to care for the child, under the protective
874	supervision of the department. The department must supervise
875	this placement until the child reaches permanency status in this
876	home, and in no case for a period of less than 6 months.
877	Permanency in a relative placement shall be by adoption, long-
878	term custody, or guardianship.
879
880	Protective supervision continues until the court terminates it
881	or until the child reaches the age of 18, whichever date is
882	first. Protective supervision shall be terminated by the court
883	whenever the court determines that permanency has been achieved
884	for the child, whether with a parent, another relative, or a
885	legal custodian, and that protective supervision is no longer
886	needed. The termination of supervision may be with or without
887	retaining jurisdiction, at the court's discretion, and shall in
888	either case be considered a permanency option for the child. The
889	order terminating supervision by the department shall set forth
890	the powers of the custodian of the child and shall include the
891	powers ordinarily granted to a guardian of the person of a minor
892	unless otherwise specified. Upon the court's termination of
893	supervision by the department, no further judicial reviews are
894	required, so long as permanency has been established for the
895	child.
896	Section 14.  Subsection (5) of section 39.701, Florida
897	Statutes, is amended to read:
898	39.701  Judicial review.--
899	(5)  Notice of a judicial review hearing or a citizen
900	review panel hearing, and a copy of the motion for judicial
901	review, if any, must be served by the clerk of the court upon
902	all of the following persons, if available to be served,
903	regardless of whether the person was present at the previous
904	hearing at which the date, time, and location of the hearing was
905	announced:
906	(a)  The social service agency charged with the supervision
907	of care, custody, or guardianship of the child, if that agency
908	is not the movant.
909	(b)  The foster parent or legal custodian in whose home the
910	child resides.
911	(c)  The parents.
912	(d)  The guardian ad litem for the child, or the
913	representative of the guardian ad litem program if the program
914	has been appointed.
915	(e)  The attorney for the child.
916	(f)  The child, if the child is 13 years of age or older.
917	(g)(e)  Any preadoptive parent.
918	(h)(f)  Such other persons as the court may in its
919	discretion direct.
920
921	Service of notice is not required on any of the persons listed
922	in paragraphs (a)-(f) if the person was present at the previous
923	hearing during which the date, time, and location of the hearing
924	was announced.
925	Section 15.  Subsection (1) of section 39.8055, Florida
926	Statutes, is amended to read:
927	39.8055  Requirement to file a petition to terminate
928	parental rights; exceptions.--
929	(1)  The department shall file a petition to terminate
930	parental rights within 60 days after any of the following if:
931	(a)  At the time of the 12-month judicial review hearing, a
932	child is not returned to the physical custody of the parents;
933	(b)  A petition for termination of parental rights has not
934	otherwise been filed, and the child has been in out-of-home care
935	under the responsibility of the state for 12 15 of the most
936	recent 22 months, calculated on a cumulative basis, but not
937	including any trial home visits or time during which the child
938	was a runaway;
939	(c)  A parent has been convicted of the murder of the other
940	parent, manslaughter of the other parent, aiding or abetting the
941	murder, or conspiracy or solicitation to murder the other parent
942	or another child of the parent, or a felony battery that
943	resulted in serious bodily injury to the child or to another any
944	other child of the parent; or
945	(d)  A court determines that reasonable efforts to reunify
946	the child and parent are not required.
947	Section 16.  Paragraphs (e) through (h) of subsection (1)
948	of section 39.806, Florida Statutes, are amended, paragraphs
949	(j), (k), and (l) are added to that subsection, and subsections
950	(2), (3), and (4) of that section are amended, to read:
951	39.806  Grounds for termination of parental rights.--
952	(1)  Grounds for the termination of parental rights may be
953	established under any of the following circumstances:
954	(e)  When a child has been adjudicated dependent, a case
955	plan has been filed with the court, and:
956	1.  The child continues to be abused, neglected, or
957	abandoned by the parent or parents. In this case, The failure of
958	the parent or parents to substantially comply with the case plan
959	for a period of 9 12 months after an adjudication of the child
960	as a dependent child or the child's placement into shelter care,
961	whichever occurs came first, constitutes evidence of continuing
962	abuse, neglect, or abandonment unless the failure to
963	substantially comply with the case plan was due either to the
964	parent's lack of financial resources of the parents or to the
965	failure of the department to make reasonable efforts to reunify
966	the parent and child. The 9-month 12-month period begins to run
967	only after the child's placement into shelter care or the entry
968	of a disposition order placing the custody of the child with the
969	department or a person other than the parent and the court's
970	approval by the court of a case plan having the with a goal of
971	reunification with the parent, whichever occurs came first; or
972	2.  The parent or parents have has materially breached the
973	case plan by making it unlikely that he or she will be able to
974	substantially comply with the case plan before the time for
975	compliance expires. Time is of the essence for permanency of
976	children in the dependency system. In order to prove the parent
977	or parents have has materially breached the case plan, the court
978	must find by clear and convincing evidence that the parent or
979	parents are is unlikely or unable to substantially comply with
980	the case plan before time expires to comply with the case plan
981	expires.
982	(f)  When The parent or parents engaged in egregious
983	conduct or had the opportunity and capability to prevent and
984	knowingly failed to prevent egregious conduct that threatens the
985	life, safety, or physical, mental, or emotional health of the
986	child or the child's sibling.
987	1.  As used in this subsection, the term "sibling" means
988	another child who resides with or is cared for by the parent or
989	parents regardless of whether the child is related legally or by
990	consanguinity.
991	2.  As used in this subsection, the term "egregious
992	conduct" means abuse, abandonment, neglect, or any other conduct
993	of the parent or parents that is deplorable, flagrant, or
994	outrageous by a normal standard of conduct. Egregious conduct
995	may include an act or omission that occurred only once but was
996	of such intensity, magnitude, or severity as to endanger the
997	life of the child.
998	(g)  When The parent or parents have subjected the child or
999	another child to aggravated child abuse as defined in s. 827.03,
1000	sexual battery or sexual abuse as defined in s. 39.01, or
1001	chronic abuse.
1002	(h)  When The parent or parents have committed the murder,
1003	manslaughter, aiding or abetting the murder, or conspiracy or
1004	solicitation to murder the other parent or another child, or a
1005	felony battery that resulted in serious bodily injury to the
1006	child or to another child committed murder or voluntary
1007	manslaughter of another child, or a felony assault that results
1008	in serious bodily injury to the child or another child, or aided
1009	or abetted, attempted, conspired, or solicited to commit such a
1010	murder or voluntary manslaughter or felony assault.
1011	(i)  When The parental rights of the parent to a sibling of
1012	the child have been terminated involuntarily.
1013	(j)  The parent or parents have a history of extensive,
1014	abusive, and chronic use of alcohol or a controlled substance
1015	which renders them incapable of caring for the child, and have
1016	refused or failed to complete available treatment for such use
1017	during the 3-year period immediately preceding the filing of the
1018	petition for termination of parental rights.
1019	(k)  A test administered at birth that indicated that the
1020	child's blood, urine, or meconium contained any amount of
1021	alcohol or a controlled substance or metabolites of such
1022	substances, the presence of which was not the result of medical
1023	treatment administered to the mother or the newborn infant, and
1024	the biological mother of the child is the biological mother of
1025	at least one other child who was adjudicated dependent after a
1026	finding of harm to the child's health or welfare due to exposure
1027	to a controlled substance or alcohol as defined in s.
1028	39.01(31)(g), after which the biological mother had the
1029	opportunity to participate in substance abuse treatment.
1030	(l)  On three or more occasions the child or another child
1031	of the parent or parents has been placed in out-of-home care
1032	pursuant to this chapter, and the conditions that led to the
1033	child's out-of-home placement were caused by the parent or
1034	parents.
1035	(2)  Reasonable efforts to preserve and reunify families
1036	are not required if a court of competent jurisdiction has
1037	determined that any of the events described in paragraphs
1038	(1)(e)-(l) (1)(e)-(i) have occurred.
1039	(3)  If When a petition for termination of parental rights
1040	is filed under subsection (1), a separate petition for
1041	dependency need not be filed and the department need not offer
1042	the parents a case plan having with a goal of reunification, but
1043	may instead file with the court a case plan having with a goal
1044	of termination of parental rights to allow continuation of
1045	services until the termination is granted or until further
1046	orders of the court are issued.
1047	(4)  If When an expedited termination of parental rights
1048	petition is filed, reasonable efforts shall be made to place the
1049	child in a timely manner in accordance with the permanency plan,
1050	and to complete whatever steps are necessary to finalize the
1051	permanent placement of the child.
1052	Section 17.  Subsection (4) of section 322.142, Florida
1053	Statutes, is amended to read:
1054	322.142  Color photographic or digital imaged licenses.--
1055	(4)  The department may maintain a film negative or print
1056	file. The department shall maintain a record of the digital
1057	image and signature of the licensees, together with other data
1058	required by the department for identification and retrieval.
1059	Reproductions from the file or digital record are exempt from
1060	the provisions of s. 119.07(1) and shall be made and issued only
1061	for departmental administrative purposes; for the issuance of
1062	duplicate licenses; in response to law enforcement agency
1063	requests; to the Department of State pursuant to an interagency
1064	agreement to facilitate determinations of eligibility of voter
1065	registration applicants and registered voters in accordance with
1066	ss. 98.045 and 98.075; to the Department of Revenue pursuant to
1067	an interagency agreement for use in establishing paternity and
1068	establishing, modifying, or enforcing support obligations in
1069	Title IV-D cases; to the Department of Children and Family
1070	Services pursuant to an interagency agreement to conduct
1071	protective investigations under part III of chapter 39; or to
1072	the Department of Financial Services pursuant to an interagency
1073	agreement to facilitate the location of owners of unclaimed
1074	property, the validation of unclaimed property claims, and the
1075	identification of fraudulent or false claims, and are exempt
1076	from the provisions of s. 119.07(1).
1077	Section 18.  Section 402.401, Florida Statutes, is amended
1078	to read:
1079	402.401  Florida Child Welfare Student Loan Forgiveness
1080	Program.--
1081	(1)  There is created the Florida Child Welfare Student
1082	Loan Forgiveness Program to be administered by the Department of
1083	Children and Family Services Education. The program shall
1084	provide loan reimbursement assistance to eligible employees in
1085	child welfare positions that are critical to the department's
1086	mission, as determined by the department, and that are within
1087	the department, sheriff's offices, or contracted community-based
1088	care agencies students for upper-division undergraduate and
1089	graduate study. The primary purpose of the program is to attract
1090	capable and promising students to the child welfare profession,
1091	increase employment and retention of individuals who are working
1092	towards or who have received either a bachelor's degree or a
1093	master's degree in social work, or any human services subject
1094	area that qualifies the individual for employment as a family
1095	services worker, and provide opportunities for persons making
1096	midcareer decisions to enter the child welfare profession. The
1097	State Board of Education shall adopt rules necessary to
1098	administer the program.
1099	(2)(a)  To be eligible for a program loan, the employee's
1100	outstanding student loans may not be in a default status. a
1101	candidate shall:
1102	1.  Be a full-time student at the upper-division
1103	undergraduate or graduate level in a social work program
1104	approved by the Council on Social Work Education leading to
1105	either a bachelor's degree or a master's degree in social work
1106	or an accredited human services degree program.
1107	2.  Have declared an intent to work in child welfare for at
1108	least the number of years for which a forgivable loan is
1109	received at the Department of Children and Family Services or
1110	its successor, or with an eligible lead community-based provider
1111	as defined in s. 409.1671.
1112	3.  If applying for an undergraduate forgivable loan, have
1113	maintained a minimum cumulative grade point average of at least
1114	a 2.5 on a 4.0 scale for all undergraduate work. Renewal
1115	applicants for undergraduate loans shall have maintained a
1116	minimum cumulative grade point average of at least a 2.5 on a
1117	4.0 scale for all undergraduate work and have earned at least 12
1118	semester credits per term, or the equivalent.
1119	4.  If applying for a graduate forgivable loan, have
1120	maintained an undergraduate cumulative grade point average of at
1121	least a 3.0 on a 4.0 scale or have attained a Graduate Record
1122	Examination score of at least 1,000. Renewal applicants for
1123	graduate loans shall have maintained a minimum cumulative grade
1124	point average of at least a 3.0 on a 4.0 scale for all graduate
1125	work and have earned at least 9 semester credits per term, or
1126	the equivalent.
1127	(b)  An undergraduate forgivable loan may be awarded for 2
1128	undergraduate years, not to exceed $4,000 per year.
1129	(c)  A graduate forgivable loan may be awarded for 2
1130	graduate years, not to exceed $8,000 per year. In addition to
1131	meeting criteria specified in paragraph (a), a loan recipient at
1132	the graduate level shall:
1133	1.  Hold a bachelor's degree from a school or department of
1134	social work at any college or university accredited by the
1135	Council on Social Work Education, or hold a degree in a human
1136	services field from an accredited college or university.
1137	2.  Not have received an undergraduate forgivable loan as
1138	provided for in paragraph (b).
1139	(d)  The State Board of Education shall adopt by rule
1140	repayment schedules and applicable interest rates under ss.
1141	1009.82 and 1009.95. A forgivable loan must be repaid within 10
1142	years after completion of a program of studies.
1143	1.  Credit for repayment of an undergraduate or graduate
1144	forgivable loan shall be in an amount not to exceed $4,000 in
1145	loan principal plus applicable accrued interest for each full
1146	year of eligible service in the child welfare profession.
1147	2.  Any forgivable loan recipient who fails to work at the
1148	Department of Children and Family Services or its successor, or
1149	with an eligible lead community-based provider as defined in s.
1150	409.1671, is responsible for repaying the loan plus accrued
1151	interest at 8 percent annually.
1152	3.  Forgivable loan recipients may receive loan repayment
1153	credit for child welfare service rendered at any time during the
1154	scheduled repayment period. However, such repayment credit shall
1155	be applicable only to the current principal and accrued interest
1156	balance that remains at the time the repayment credit is earned.
1157	No loan recipient shall be reimbursed for previous cash payments
1158	of principal and interest.
1159	(3)  This section shall be implemented only as specifically
1160	funded.
1161	Section 19.  Paragraphs (h) and (j) of subsection (1) of
1162	section 409.1671, Florida Statutes, are amended to read:
1163	409.1671  Foster care and related services; outsourcing.--
1164	(1)
1165	(h)  Other than an entity to which s. 768.28 applies, any
1166	eligible lead community-based provider, as defined in paragraph
1167	(e), or its employees or officers, except as otherwise provided
1168	in paragraph (i), must, as a part of its contract, obtain a
1169	minimum of $1 million per claim/$3 million per incident in
1170	general liability insurance coverage. The eligible lead
1171	community-based provider must also require that staff who
1172	transport client children and families in their personal
1173	automobiles in order to carry out their job responsibilities
1174	obtain minimum bodily injury liability insurance in the amount
1175	of $100,000 per claim, $300,000 per incident, on their personal
1176	automobiles. In lieu of personal motor vehicle insurance, the
1177	lead community-based provider's casualty, liability, or motor
1178	vehicle insurance carrier may provide nonowned automobile
1179	liability coverage. This insurance provides liability insurance
1180	for automobiles that the provider uses in connection with the
1181	provider's business but does not own, lease, rent, or borrow.
1182	This coverage includes automobiles owned by the employees of the
1183	provider or a member of the employee's household but only while
1184	the automobiles are used in connection with the provider's
1185	business. The nonowned automobile coverage for the provider
1186	applies as excess coverage over any other collectible insurance.
1187	The personal automobile policy for the employee of the provider
1188	shall be primary insurance and the nonowned automobile coverage
1189	of the provider acts as excess insurance to the primary
1190	insurance. The provider shall provide a minimum limit of $1
1191	million in nonowned automobile coverage. In any tort action
1192	brought against such an eligible lead community-based provider
1193	or employee, net economic damages shall be limited to $1 million
1194	per liability claim and $100,000 per automobile claim,
1195	including, but not limited to, past and future medical expenses,
1196	wage loss, and loss of earning capacity, offset by any
1197	collateral source payment paid or payable. In any tort action
1198	brought against such an eligible lead community-based provider,
1199	noneconomic damages shall be limited to $200,000 per claim. A
1200	claims bill may be brought on behalf of a claimant pursuant to
1201	s. 768.28 for any amount exceeding the limits specified in this
1202	paragraph. Any offset of collateral source payments made as of
1203	the date of the settlement or judgment shall be in accordance
1204	with s. 768.76. The lead community-based provider shall not be
1205	liable in tort for the acts or omissions of its subcontractors
1206	or the officers, agents, or employees of its subcontractors.
1207	(j)  Any subcontractor of an eligible lead community-based
1208	provider, as defined in paragraph (e), which is a direct
1209	provider of foster care and related services to children and
1210	families, and its employees or officers, except as otherwise
1211	provided in paragraph (i), must, as a part of its contract,
1212	obtain a minimum of $1 million per claim/$3 million per incident
1213	in general liability insurance coverage. The subcontractor of an
1214	eligible lead community-based provider must also require that
1215	staff who transport client children and families in their
1216	personal automobiles in order to carry out their job
1217	responsibilities obtain minimum bodily injury liability
1218	insurance in the amount of $100,000 per claim, $300,000 per
1219	incident, on their personal automobiles. In lieu of personal
1220	motor vehicle insurance, the subcontractor's casualty,
1221	liability, or motor vehicle insurance carrier may provide
1222	nonowned automobile liability coverage. This insurance provides
1223	liability insurance for automobiles that the subcontractor uses
1224	in connection with the subcontractor's business but does not
1225	own, lease, rent, or borrow. This coverage includes automobiles
1226	owned by the employees of the subcontractor or a member of the
1227	employee's household but only while the automobiles are used in
1228	connection with the subcontractor's business. The nonowned
1229	automobile coverage for the subcontractor applies as excess
1230	coverage over any other collectible insurance. The personal
1231	automobile policy for the employee of the subcontractor shall be
1232	primary insurance and the nonowned automobile coverage of the
1233	subcontractor acts as excess insurance to the primary insurance.
1234	The subcontractor shall provide a minimum limit of $1 million in
1235	nonowned automobile coverage. In any tort action brought against
1236	such subcontractor or employee, net economic damages shall be
1237	limited to $1 million per liability claim and $100,000 per
1238	automobile claim, including, but not limited to, past and future
1239	medical expenses, wage loss, and loss of earning capacity,
1240	offset by any collateral source payment paid or payable. In any
1241	tort action brought against such subcontractor, noneconomic
1242	damages shall be limited to $200,000 per claim. A claims bill
1243	may be brought on behalf of a claimant pursuant to s. 768.28 for
1244	any amount exceeding the limits specified in this paragraph. Any
1245	offset of collateral source payments made as of the date of the
1246	settlement or judgment shall be in accordance with s. 768.76.
1247	Section 20.  Paragraph (a) of subsection (4) of section
1248	409.175, Florida Statutes, is amended to read:
1249	409.175  Licensure of family foster homes, residential
1250	child-caring agencies, and child-placing agencies; public
1251	records exemption.--
1252	(4)(a)  A person, family foster home, or residential child-
1253	caring agency may shall not provide receive a child for
1254	continuing full-time child care or custody unless such person,
1255	home, or agency has first procured a license from the department
1256	to provide such care. This requirement does not apply to a
1257	person who is a relative of the child by blood, marriage, or
1258	adoption, or to a permanent legal guardian established under s.
1259	39.6221, a person who has received the child from the
1260	department, a licensed child-placing agency, or an intermediary
1261	for the purposes of adoption pursuant to chapter 63.
1262	Section 21.  Subsection (3) of section 787.04, Florida
1263	Statutes, is amended to read:
1264	787.04  Removing minors from state or concealing minors
1265	contrary to state agency order or court order.--
1266	(3)  It is unlawful for any person, with criminal intent,
1267	to knowingly and willfully lead, take, entice, or remove a minor
1268	beyond the limits of this state, or to knowingly and willfully
1269	conceal the location of a minor, during the pendency of a
1270	dependency proceeding affecting such minor or during the
1271	pendency of any investigation, action, or proceeding concerning
1272	the alleged abuse or neglect of such minor, after having
1273	received actual or constructive notice of the pendency of such
1274	investigation, action, or proceeding and without the permission
1275	of the state agency or court in which the investigation, action,
1276	or proceeding is pending.
1277	Section 22.  Subsection (1) of section 937.021, Florida
1278	Statutes, is amended to read:
1279	937.021  Missing child reports.--
1280	(1)  Upon the filing of a police report that a child is
1281	missing by the parent or guardian, the Department of Children
1282	and Family Services, a community-based care provider, or a
1283	sheriff's office providing investigative services for the
1284	department, the law enforcement agency receiving the report
1285	shall immediately inform all on-duty law enforcement officers of
1286	the existence of the missing child report, communicate the
1287	report to every other law enforcement agency having jurisdiction
1288	in the county, and transmit the report for inclusion within the
1289	Florida Crime Information Center computer. A law enforcement
1290	agency may not require a reporter to present an order that a
1291	child be taken into custody or any other such order before
1292	accepting a report that a child is missing.
1293	Section 23.  Effective upon this act becoming a law and
1294	operating retroactively to June 29, 2008, subsection (3) of
1295	section 1 of chapter 2007-174, Laws of Florida, is amended to
1296	read:
1297	(3)  This section expires June 30, 2009 2008.
1298	Section 24.  Paragraph (b) of subsection (3) of section
1299	39.0015, Florida Statutes, is amended to read:
1300	39.0015  Child abuse prevention training in the district
1301	school system.--
1302	(3)  DEFINITIONS.--As used in this section:
1303	(b)  "Child abuse" means abandonment, abuse, harm, mental
1304	injury, neglect, physical injury, or sexual abuse of a child as
1305	those terms are defined in s. 39.01 those acts as defined in ss.
1306	39.01(1), (2), (31), (41), (43), (55), and (66), 827.04, and
1307	984.03 984.03(1), (2), and (37).
1308	Section 25.  Subsection (5) of section 39.205, Florida
1309	Statutes, is amended to read:
1310	39.205  Penalties relating to reporting of child abuse,
1311	abandonment, or neglect.--
1312	(5)  If the department or its authorized agent has
1313	determined after its investigation that a report is false, the
1314	department shall, with the consent of the alleged perpetrator,
1315	refer the report to the local law enforcement agency having
1316	jurisdiction for an investigation to determine whether
1317	sufficient evidence exists to refer the case for prosecution for
1318	filing a false report as defined in s. 39.01 s. 39.01(28).
1319	During the pendency of the investigation by the local law
1320	enforcement agency, the department must notify the local law
1321	enforcement agency of, and the local law enforcement agency must
1322	respond to, all subsequent reports concerning children in that
1323	same family in accordance with s. 39.301. If the law enforcement
1324	agency believes that there are indicators of abuse, abandonment,
1325	or neglect, it must immediately notify the department, which
1326	must ensure assure the safety of the children. If the law
1327	enforcement agency finds sufficient evidence for prosecution for
1328	filing a false report, it must refer the case to the appropriate
1329	state attorney for prosecution.
1330	Section 26.  Subsection (1) of section 39.302, Florida
1331	Statutes, is amended to read:
1332	39.302  Protective investigations of institutional child
1333	abuse, abandonment, or neglect.--
1334	(1)  The department shall conduct a child protective
1335	investigation of each report of institutional child abuse,
1336	abandonment, or neglect. Upon receipt of a report that alleges
1337	that an employee or agent of the department, or any other entity
1338	or person covered by s. 39.01(33) or (47) s. 39.01(32) or (46),
1339	acting in an official capacity, has committed an act of child
1340	abuse, abandonment, or neglect, the department shall initiate a
1341	child protective investigation within the timeframe established
1342	by the central abuse hotline under s. 39.201(5) and orally
1343	notify the appropriate state attorney, law enforcement agency,
1344	and licensing agency, which. These agencies shall immediately
1345	conduct a joint investigation, unless independent investigations
1346	are more feasible. When conducting investigations onsite or
1347	having face-to-face interviews with the child, such
1348	investigation visits shall be unannounced unless it is
1349	determined by the department or its agent that the unannounced
1350	visits would threaten the safety of the child. If When a
1351	facility is exempt from licensing, the department shall inform
1352	the owner or operator of the facility of the report. Each agency
1353	conducting a joint investigation is entitled to full access to
1354	the information gathered by the department in the course of the
1355	investigation. A protective investigation must include an onsite
1356	visit of the child's place of residence. In all cases, The
1357	department shall make a full written report to the state
1358	attorney within 3 working days after making the oral report. A
1359	criminal investigation shall be coordinated, whenever possible,
1360	with the child protective investigation of the department. Any
1361	interested person who has information regarding the offenses
1362	described in this subsection may forward a statement to the
1363	state attorney as to whether prosecution is warranted and
1364	appropriate. Within 15 days after the completion of the
1365	investigation, the state attorney shall report the findings to
1366	the department and shall include in the report a determination
1367	of whether or not prosecution is justified and appropriate in
1368	view of the circumstances of the specific case.
1369	Section 27.  Paragraphs (b) and (c) of subsection (2) of
1370	section 39.6011, Florida Statutes, are amended to read:
1371	39.6011  Case plan development.--
1372	(2)  The case plan must be written simply and clearly in
1373	English and, if English is not the principal language of the
1374	child's parent, to the extent possible in the parent's principal
1375	language. Each case plan must contain:
1376	(b)  The permanency goal as defined in s. 39.01(51).
1377	(c)  If concurrent planning is being used, a description of
1378	the permanency goal of reunification with the parent or legal
1379	custodian in addition to a description of one of the remaining
1380	permanency goals described in s. 39.01 s. 39.01(51).
1381	Section 28.  Paragraph (e) of subsection (6) of section
1382	39.811, Florida Statutes, is amended to read:
1383	39.811  Powers of disposition; order of disposition.--
1384	(6)  The parental rights of one parent may be severed
1385	without severing the parental rights of the other parent only
1386	under the following circumstances:
1387	(e)  If the parent whose rights are being terminated meets
1388	any of the criteria specified in s. 39.806(1)(d) and (f)-(l)
1389	(f)-(i).
1390	Section 29.  Paragraph (a) of subsection (1) of section
1391	39.828, Florida Statutes, is amended to read:
1392	39.828  Grounds for appointment of a guardian advocate.--
1393	(1)  The court shall appoint the person named in the
1394	petition as a guardian advocate with all the powers and duties
1395	specified in s. 39.829 for an initial term of 1 year upon a
1396	finding that:
1397	(a)  The child named in the petition is or was a drug
1398	dependent newborn as described in s. 39.01(32)(g) s.
1399	39.01(31)(g);
1400	Section 30.  Paragraph (d) of subsection (1) of section
1401	419.001, Florida Statutes, is amended to read:
1402	419.001  Site selection of community residential homes.--
1403	(1)  For the purposes of this section, the following
1404	definitions shall apply:
1405	(d)  "Resident" means any of the following: a frail elder
1406	as defined in s. 429.65; a physically disabled or handicapped
1407	person as defined in s. 760.22(7)(a); a developmentally disabled
1408	person as defined in s. 393.063; a nondangerous mentally ill
1409	person as defined in s. 394.455(18); or a child who is found to
1410	be dependent as defined in s. 39.01 or s.984.03, or a child in
1411	need of services as defined in s. 984.03 s. 39.01(14), s.
1412	984.03(9) or (12), or s. 985.03.
1413	Section 31.  (1)  Notwithstanding the provisions of s.
1414	216.181(2)(f), Florida Statutes, the Legislative Budget
1415	Commission may consider the approval of a budget amendment for
1416	fiscal year 2008-2009 appropriations only, recommended by the
1417	Executive Office of the Governor and submitted by the Department
1418	of Children and Family Services, requesting additional trust
1419	fund authority for expenditures enhancing child protection and
1420	adoption.
1421	(2)  This section is effective upon becoming a law.
1422	Section 32.  Except as otherwise expressly provided in this
1423	act and except for this section, which shall take effect upon
1424	becoming a law, this act shall take effect July 1, 2008.

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