Florida Senate - 2009 SB 1276
By Senator Storms
10-00862A-09 20091276__
1 A bill to be entitled
2 An act relating to care of children; creating the
3 “Zahid Jones, Jr., Give Grandparents and Other
4 Relatives a Voice Act”; amending s. 39.201, F.S.;
5 providing for the Department of Children and Family
6 Services to analyze certain unaccepted reports to the
7 central abuse hotline; requiring information to be
8 provided to a reporter; authorizing the submission of
9 a written report; amending s. 39.202, F.S.; expanding
10 access to certain confidential reports of child abuse
11 or neglect to include physicians, psychologists, and
12 mental health professionals; amending s. 39.301, F.S.;
13 requiring information to be provided to a reporter;
14 authorizing the submission of a written report;
15 providing conditions for a relative to be a collateral
16 contact in certain child protective investigations;
17 providing for a relative to request notice of
18 proceedings and hearings relating to protective
19 investigations under certain circumstances; specifying
20 content of the request; conforming cross-references;
21 amending s. 39.304, F.S.; providing for preservation
22 in department records of certain photographs and X
23 rays and reports on medical examinations and
24 treatments of an abused child; amending s. 39.402,
25 F.S.; requiring notification of certain relatives in
26 an order for placement of a child in shelter care of
27 their right to attend hearings, submit reports to the
28 court, and speak to the court; amending s. 39.502,
29 F.S.; providing for certain relatives to receive
30 notice of dependency hearings under certain
31 circumstances; providing an opportunity for certain
32 relatives to be heard in court; providing an
33 exception; amending s. 39.506, F.S.; providing for
34 certain relatives to receive notice of arraignment
35 hearings under certain circumstances; amending s.
36 39.5085, F.S.; revising legislative intent with regard
37 to the Relative Caregiver Program; authorizing the
38 department to develop liaison functions for certain
39 relatives; amending s. 39.6011, F.S.; requiring a case
40 plan for a child receiving services from the
41 department to include a protocol for notification of
42 certain relatives of proceedings and hearings;
43 amending s. 39.6013, F.S.; conforming a cross
44 reference; amending s. 39.701, F.S.; requiring an
45 attorney for the department to provide notice to
46 certain relatives of the child regarding upcoming
47 judicial hearings; conforming cross-references;
48 amending s. 39.823, F.S.; conforming a cross
49 reference; amending s. 683.10, F.S.; designating the
50 first Sunday after Labor Day as “Grandparents' and
51 Family Caregivers' Day”; authorizing the Governor to
52 issue proclamations commemorating the occasion;
53 providing an effective date.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. This act may be cited as the “Zahid Jones, Jr.,
58 Give Grandparents and Other Relatives a Voice Act.”
59 Section 2. Paragraph (b) of subsection (1) and subsection
60 (7) of section 39.201, Florida Statutes, are amended to read:
61 39.201 Mandatory reports of child abuse, abandonment, or
62 neglect; mandatory reports of death; central abuse hotline.—
63 (1)
64 (b) Reporters in the following occupation categories are
65 required to provide their names to the hotline staff:
66 1. Physician, osteopathic physician, medical examiner,
67 chiropractic physician, nurse, or hospital personnel engaged in
68 the admission, examination, care, or treatment of persons;
69 2. Health or mental health professional other than one
70 listed in subparagraph 1.;
71 3. Practitioner who relies solely on spiritual means for
72 healing;
73 4. School teacher or other school official or personnel;
74 5. Social worker, day care center worker, or other
75 professional child care, foster care, residential, or
76 institutional worker;
77 6. Law enforcement officer; or
78 7. Judge.
79 The names of reporters shall be entered into the record of the
80 report, but shall be held confidential and exempt as provided in
81 s. 39.202. If a report received from a reporter under this
82 paragraph is accepted for investigation, the reporter must be
83 provided contact information for the protective investigator
84 within 24 hours after an investigator has been assigned. A
85 reporter under this paragraph may provide a written summary of
86 the report to the investigator which shall become a part of the
87 master file.
88 (7) On an ongoing basis, the department's quality assurance
89 program shall review calls, fax reports, and web-based reports
90 to the hotline involving three or more unaccepted reports on a
91 single child, where jurisdiction applies, in order to detect
92 such things as harassment and situations that warrant an
93 investigation because of the frequency or variety of the source
94 of the reports. A component of the quality assurance program
95 shall analyze unaccepted reports to the hotline by identified
96 relatives as a part of the review of screened out calls. The
97 Program Director for Family Safety may refer a case for
98 investigation when it is determined, as a result of this review,
99 that an investigation may be warranted.
100 Section 3. Paragraph (r) is added to subsection (2) of
101 section 39.202, Florida Statutes, to read:
102 39.202 Confidentiality of reports and records in cases of
103 child abuse or neglect.—
104 (2) Except as provided in subsection (4), access to such
105 records, excluding the name of the reporter which shall be
106 released only as provided in subsection (5), shall be granted
107 only to the following persons, officials, and agencies:
108 (r) A physician licensed under chapter 458 or chapter 459,
109 a psychologist licensed under chapter 490, or a mental health
110 professional licensed under chapter 491 engaged in the care or
111 treatment of the child.
112 Section 4. Subsections (6) through (23) of section 39.301,
113 Florida Statutes, are renumbered as subsections (7) through
114 (24), respectively, paragraph (c) of present subsection (9),
115 present subsection (10), and paragraph (b) of present subsection
116 (14) are amended, and a new subsection (6) is added to that
117 section, to read:
118 39.301 Initiation of protective investigations.—
119 (6) Upon commencing an investigation under this part, if a
120 report was received from a reporter under s. 39.201(1)(b), the
121 protective investigator must provide his or her contact
122 information to the reporter within 24 hours after being assigned
123 to the investigation. The investigator must also advise the
124 reporter that he or she may provide a written summary of the
125 report made to the central abuse hotline to the investigator
126 which shall become a part of the master file.
127 (10)(9)
128 (c) The determination that a report requires an
129 investigation as provided in this subsection and does not
130 require an enhanced onsite child protective investigation
131 pursuant to subsection (11) (10) must be approved in writing by
132 the supervisor with documentation specifying why additional
133 investigative activities are not necessary.
134 (11)(10)(a) For each report that meets one or more of the
135 following criteria, the department shall perform an enhanced
136 onsite child protective investigation:
137 1. Any allegation that involves physical abuse, sexual
138 abuse, domestic violence, substance abuse or substance exposure,
139 medical neglect, a child younger than 3 years of age, or a child
140 who is disabled or lacks communication skills.
141 2. Any report that involves an individual who has been the
142 subject of a prior report containing some indicators or verified
143 findings of abuse, neglect, or abandonment.
144 3. Any report that does not contain compelling evidence
145 that the maltreatment did not occur.
146 4. Any report that does not meet the criteria for an onsite
147 child protective investigation as set forth in subsection (10)
148 (9).
149 (b) The enhanced onsite child protective investigation
150 shall include, but is not limited to:
151 1. A face-to-face interview with the child, other siblings,
152 parents or legal custodians or caregivers, and other adults in
153 the household;
154 2. Collateral contacts;
155 3. Contact with the reporter as required by rule;
156 4. An onsite assessment of the child's residence in
157 accordance with paragraph (10)(9)(b); and
158 5. An updated assessment.
159 Detailed documentation is required for the investigative
160 activities.
161 (15)(14)
162 (b) The parents or legal custodians shall be informed of
163 the right to refuse services, as well as the responsibility of
164 the department to protect the child regardless of the acceptance
165 or refusal of services. If the services are refused, a
166 collateral contact required under subparagraph (11)(b)2. shall
167 include a relative, if the protective investigator has knowledge
168 of and the ability to contact a relative. If the services are
169 refused and the department deems that the child's need for
170 protection so requires, the department shall take the child into
171 protective custody or petition the court as provided in this
172 chapter. A relative may submit in writing to the protective
173 investigator or case manager a request to receive notification
174 of all proceedings and hearings in accordance with s. 39.502.
175 The request shall include the relative's name, address, and
176 phone number and the relative's relationship to the child. The
177 protective investigator or case manager shall forward such
178 request to the attorney for the department.
179 Section 5. Subsection (4) of section 39.304, Florida
180 Statutes, is amended to read:
181 39.304 Photographs, medical examinations, X rays, and
182 medical treatment of abused, abandoned, or neglected child.—
183 (4) Any photograph or report on examinations made or X rays
184 taken pursuant to this section, or copies thereof, shall be sent
185 to the department as soon as possible and shall be preserved in
186 permanent form in records held by the department.
187 Section 6. Paragraph (h) of subsection (8) of section
188 39.402, Florida Statutes, is amended to read:
189 39.402 Placement in a shelter.—
190 (8)
191 (h) The order for placement of a child in shelter care must
192 identify the parties present at the hearing and must contain
193 written findings:
194 1. That placement in shelter care is necessary based on the
195 criteria in subsections (1) and (2).
196 2. That placement in shelter care is in the best interest
197 of the child.
198 3. That continuation of the child in the home is contrary
199 to the welfare of the child because the home situation presents
200 a substantial and immediate danger to the child's physical,
201 mental, or emotional health or safety which cannot be mitigated
202 by the provision of preventive services.
203 4. That based upon the allegations of the petition for
204 placement in shelter care, there is probable cause to believe
205 that the child is dependent or that the court needs additional
206 time, which may not exceed 72 hours, in which to obtain and
207 review documents pertaining to the family in order to
208 appropriately determine the risk to the child.
209 5. That the department has made reasonable efforts to
210 prevent or eliminate the need for removal of the child from the
211 home. A finding of reasonable effort by the department to
212 prevent or eliminate the need for removal may be made and the
213 department is deemed to have made reasonable efforts to prevent
214 or eliminate the need for removal if:
215 a. The first contact of the department with the family
216 occurs during an emergency;
217 b. The appraisal of the home situation by the department
218 indicates that the home situation presents a substantial and
219 immediate danger to the child's physical, mental, or emotional
220 health or safety which cannot be mitigated by the provision of
221 preventive services;
222 c. The child cannot safely remain at home, either because
223 there are no preventive services that can ensure the health and
224 safety of the child or because, even with appropriate and
225 available services being provided, the health and safety of the
226 child cannot be ensured; or
227 d. The parent or legal custodian is alleged to have
228 committed any of the acts listed as grounds for expedited
229 termination of parental rights in s. 39.806(1)(f)-(i).
230 6. That the court notified the parents, relatives that are
231 providing out-of-home care for the child, or legal custodians of
232 the time, date, and location of the next dependency hearing and
233 of the importance of the active participation of the parents,
234 relatives that are providing out-of-home care for the child, or
235 legal custodians in all proceedings and hearings.
236 7. That the court notified the parents or legal custodians
237 of their right to counsel to represent them at the shelter
238 hearing and at each subsequent hearing or proceeding, and the
239 right of the parents to appointed counsel, pursuant to the
240 procedures set forth in s. 39.013.
241 8. That the court notified relatives who are providing out
242 of-home care for a child as a result of the shelter petition
243 being granted, and any relative requesting notification pursuant
244 to s. 39.301(15)(b), that they have the right to attend all
245 subsequent hearings, to submit reports to the court, and to
246 speak to the court regarding the child, if they so desire.
247 Section 7. Subsection (1) of section 39.502, Florida
248 Statutes, is amended, and subsection (19) is added to that
249 section, to read:
250 39.502 Notice, process, and service.—
251 (1) Unless parental rights have been terminated, all
252 parents must be notified of all proceedings or hearings
253 involving the child. Notice in cases involving shelter hearings
254 and hearings resulting from medical emergencies must be that
255 most likely to result in actual notice to the parents. In all
256 other dependency proceedings, notice must be provided in
257 accordance with subsections (4)-(9), except when a relative
258 requests notification pursuant to s. 39.301(15)(b), in which
259 case notice shall be provided pursuant to subsection (19).
260 (19) In all proceedings under this part, the attorney for
261 the department shall notify, orally or in writing, a relative
262 requesting notification pursuant to s. 39.301(15)(b) of the
263 date, time, and location of such proceedings, and make all
264 reasonable efforts to ensure that all relatives who have
265 requested notification pursuant to s. 39.301(15)(b) are given an
266 opportunity to be heard by the court if the relative so desires.
267 The court has the discretion to release the attorney for the
268 department from notifying a relative who requested notification
269 pursuant to s. 39.301(15)(b) if the relative's involvement is
270 determined to be impeding the dependency process or detrimental
271 to the child's well-being.
272 Section 8. Subsection (9) of section 39.506, Florida
273 Statutes, is amended to read:
274 39.506 Arraignment hearings.—
275 (9) At the conclusion of the arraignment hearing, all
276 parties and the relatives who are providing out-of-home care for
277 the child shall be notified in writing by the court of the date,
278 time, and location for the next scheduled hearing.
279 Section 9. Paragraphs (a) through (d) of subsection (1) of
280 section 39.5085, Florida Statutes, are redesignated as
281 paragraphs (b) through (e), respectively, a new paragraph (a) is
282 added to subsection (1), and paragraph (g) of subsection (2) of
283 that section is amended, to read:
284 39.5085 Relative Caregiver Program.—
285 (1) It is the intent of the Legislature in enacting this
286 section to:
287 (a) Provide for the establishment of procedures and
288 protocols that serve to advance the continued safety of children
289 by acknowledging the valued resource uniquely available through
290 grandparents and relatives of children.
291 (2)
292 (g) The department may use appropriate available state,
293 federal, and private funds to operate the Relative Caregiver
294 Program. The department may develop liaison functions to be
295 available to relatives who care for children pursuant to this
296 chapter to ensure placement stability in extended family
297 settings.
298 Section 10. Subsection (4) of section 39.6011, Florida
299 Statutes, is amended to read:
300 39.6011 Case plan development.—
301 (4) The case plan must describe:
302 (a) The role of the foster parents or legal custodians when
303 developing the services that are to be provided to the child,
304 foster parents, or legal custodians;
305 (b) The responsibility of the case manager to forward a
306 relative's request to receive notification of all proceedings
307 and hearings submitted pursuant to s. 39.301(15)(b) to the
308 attorney for the department;
309 (c)(b) The minimum number of face-to-face meetings to be
310 held each month between the parents and the department's family
311 services counselors to review the progress of the plan, to
312 eliminate barriers to progress, and to resolve conflicts or
313 disagreements; and
314 (d)(c) The parent's responsibility for financial support of
315 the child, including, but not limited to, health insurance and
316 child support. The case plan must list the costs associated with
317 any services or treatment that the parent and child are expected
318 to receive which are the financial responsibility of the parent.
319 The determination of child support and other financial support
320 shall be made independently of any determination of indigency
321 under s. 39.013.
322 Section 11. Subsection (6) of section 39.6013, Florida
323 Statutes, is amended to read:
324 39.6013 Case plan amendments.—
325 (6) The case plan is deemed amended as to the child's
326 health, mental health, and education records required by s.
327 39.6012 when the child's updated health and education records
328 are filed by the department under s. 39.701(8)(7)(a).
329 Section 12. Subsections (6) through (9) of section 39.701,
330 Florida Statutes, are renumbered as subsections (7) through
331 (10), respectively, a new subsection (6) is added to that
332 section, and paragraph (c) of subsection (2), paragraph (b) of
333 present subsection (6), and paragraph (a) of present subsection
334 (9) are amended, to read:
335 39.701 Judicial review.—
336 (2)
337 (c) Notice of a hearing by a citizen review panel must be
338 provided as set forth in subsection (5). At the conclusion of a
339 citizen review panel hearing, each party may propose a
340 recommended order to the chairperson of the panel. Thereafter,
341 the citizen review panel shall submit its report, copies of the
342 proposed recommended orders, and a copy of the panel's
343 recommended order to the court. The citizen review panel's
344 recommended order must be limited to the dispositional options
345 available to the court in subsection (10) (9). Each party may
346 file exceptions to the report and recommended order of the
347 citizen review panel in accordance with Rule 1.490, Florida
348 Rules of Civil Procedure.
349 (6) The attorney for the department shall notify a relative
350 who submits a request for notification of all proceedings and
351 hearings pursuant to s. 39.301(15)(b). The notice shall include
352 the date, time, and location of the next judicial review
353 hearing.
354 (7)(6)
355 (b) At the first judicial review hearing held subsequent to
356 the child's 17th birthday, in addition to the requirements of
357 subsection (8) (7), the department shall provide the court with
358 an updated case plan that includes specific information related
359 to independent living services that have been provided since the
360 child's 13th birthday, or since the date the child came into
361 foster care, whichever came later.
362 (10)(9)(a) Based upon the criteria set forth in subsection
363 (9) (8) and the recommended order of the citizen review panel,
364 if any, the court shall determine whether or not the social
365 service agency shall initiate proceedings to have a child
366 declared a dependent child, return the child to the parent,
367 continue the child in out-of-home care for a specified period of
368 time, or initiate termination of parental rights proceedings for
369 subsequent placement in an adoptive home. Amendments to the case
370 plan must be prepared as prescribed in s. 39.6013. If the court
371 finds that the prevention or reunification efforts of the
372 department will allow the child to remain safely at home or be
373 safely returned to the home, the court shall allow the child to
374 remain in or return to the home after making a specific finding
375 of fact that the reasons for the creation of the case plan have
376 been remedied to the extent that the child's safety, well-being,
377 and physical, mental, and emotional health will not be
378 endangered.
379 Section 13. Section 39.823, Florida Statutes, is amended to
380 read:
381 39.823 Guardian advocates for drug dependent newborns.—The
382 Legislature finds that increasing numbers of drug dependent
383 children are born in this state. Because of the parents'
384 continued dependence upon drugs, the parents may temporarily
385 leave their child with a relative or other adult or may have
386 agreed to voluntary family services under s. 39.301(15)(14). The
387 relative or other adult may be left with a child who is likely
388 to require medical treatment but for whom they are unable to
389 obtain medical treatment. The purpose of this section is to
390 provide an expeditious method for such relatives or other
391 responsible adults to obtain a court order which allows them to
392 provide consent for medical treatment and otherwise advocate for
393 the needs of the child and to provide court review of such
394 authorization.
395 Section 14. Section 683.10, Florida Statutes, is amended to
396 read:
397 683.10 Grandparents' and Family Caregivers' Grandmother's
398 Day.—
399 (1) The first Sunday after Labor Day second Sunday of
400 October of each year is designated “Grandparents' and Family
401 Caregivers' Grandmother's Day.”
402 (2) The Governor may issue annually a proclamation
403 designating the first Sunday after Labor Day second Sunday of
404 October as Grandparents' and Family Caregivers' Grandmother's
405 Day and calling upon public schools and citizens of the state to
406 observe the occasion.
407 Section 15. This act shall take effect July 1, 2009.