Florida Senate - 2009                      CS for CS for SB 1276
       
       
       
       By the Committees on Judiciary; and Children, Families, and
       Elder Affairs; and Senator Storms
       
       
       
       590-02985-09                                          20091276c2
    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; amending s. 39.202, F.S.;
    8         expanding access to certain confidential reports of
    9         child abuse or neglect to include physicians,
   10         psychologists, and mental health professionals;
   11         amending s. 39.301, F.S.; requiring information to be
   12         provided to a reporter; authorizing the submission of
   13         a written report; providing conditions for a relative
   14         to be a collateral contact in certain child protective
   15         investigations; providing for a relative to request
   16         notice of proceedings and hearings relating to
   17         protective investigations under certain circumstances;
   18         specifying content of the request; conforming cross
   19         references; amending s. 39.304, F.S.; providing for
   20         preservation in department records of certain
   21         photographs and X rays and reports on medical
   22         examinations and treatments of an abused child;
   23         amending s. 39.402, F.S.; requiring notification of
   24         certain relatives in an order for placement of a child
   25         in shelter care of their right to attend hearings,
   26         submit reports to the court, and speak to the court;
   27         amending s. 39.502, F.S.; providing for certain
   28         relatives to receive notice of dependency hearings
   29         under certain circumstances; providing an opportunity
   30         for certain relatives to be heard in court; providing
   31         an exception; amending s. 39.506, F.S.; providing for
   32         certain relatives to receive notice of arraignment
   33         hearings under certain circumstances; amending s.
   34         39.5085, F.S.; revising legislative intent with regard
   35         to the Relative Caregiver Program; authorizing the
   36         department to develop liaison functions for certain
   37         relatives; amending s. 39.6011, F.S.; requiring a case
   38         plan for a child receiving services from the
   39         department to include a protocol for notification of
   40         certain relatives of proceedings and hearings;
   41         amending s. 39.6013, F.S.; conforming a cross
   42         reference; amending s. 39.701, F.S.; requiring an
   43         attorney for the department to provide notice to
   44         certain relatives of the child regarding upcoming
   45         judicial hearings; conforming cross-references;
   46         amending s. 39.823, F.S.; conforming a cross
   47         reference; amending s. 683.10, F.S.; designating the
   48         first Sunday after Labor Day as “Grandparents’ and
   49         Family Caregivers’ Day”; authorizing the Governor to
   50         issue proclamations commemorating the occasion;
   51         providing an effective date.
   52  
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. This act may be cited as the “Zahid Jones, Jr.,
   56  Give Grandparents and Other Relatives a Voice Act.”
   57         Section 2. Subsection (7) of section 39.201, Florida
   58  Statutes, is amended to read:
   59         39.201 Mandatory reports of child abuse, abandonment, or
   60  neglect; mandatory reports of death; central abuse hotline.—
   61         (7) On an ongoing basis, the department’s quality assurance
   62  program shall review calls, fax reports, and web-based reports
   63  to the hotline involving three or more unaccepted reports on a
   64  single child, where jurisdiction applies, in order to detect
   65  such things as harassment and situations that warrant an
   66  investigation because of the frequency or variety of the source
   67  of the reports. A component of the quality assurance program
   68  shall analyze unaccepted reports to the hotline by identified
   69  relatives as a part of the review of screened out calls. The
   70  Program Director for Family Safety may refer a case for
   71  investigation when it is determined, as a result of this review,
   72  that an investigation may be warranted.
   73         Section 3. Paragraph (r) is added to subsection (2) of
   74  section 39.202, Florida Statutes, to read:
   75         39.202 Confidentiality of reports and records in cases of
   76  child abuse or neglect.—
   77         (2) Except as provided in subsection (4), access to such
   78  records, excluding the name of the reporter which shall be
   79  released only as provided in subsection (5), shall be granted
   80  only to the following persons, officials, and agencies:
   81         (r)A physician licensed under chapter 458 or chapter 459,
   82  a psychologist licensed under chapter 490, or a mental health
   83  professional licensed under chapter 491 engaged in the care or
   84  treatment of the child.
   85         Section 4. Subsections (6) through (23) of section 39.301,
   86  Florida Statutes, are renumbered as subsections (7) through
   87  (24), respectively, paragraph (c) of present subsection (9),
   88  present subsection (10), and paragraph (b) of present subsection
   89  (14) are amended, and a new subsection (6) is added to that
   90  section, to read:
   91         39.301 Initiation of protective investigations.—
   92         (6)Upon commencing an investigation under this part, if a
   93  report was received from a reporter under s. 39.201(1)(b), the
   94  protective investigator must provide his or her contact
   95  information to the reporter within 24 hours after being assigned
   96  to the investigation. The investigator must also advise the
   97  reporter that he or she may provide a written summary of the
   98  report made to the central abuse hotline to the investigator
   99  which shall become a part of the master file.
  100         (10)(9)
  101         (c) The determination that a report requires an
  102  investigation as provided in this subsection and does not
  103  require an enhanced onsite child protective investigation
  104  pursuant to subsection (11) (10) must be approved in writing by
  105  the supervisor with documentation specifying why additional
  106  investigative activities are not necessary.
  107         (11)(10)(a) For each report that meets one or more of the
  108  following criteria, the department shall perform an enhanced
  109  onsite child protective investigation:
  110         1. Any allegation that involves physical abuse, sexual
  111  abuse, domestic violence, substance abuse or substance exposure,
  112  medical neglect, a child younger than 3 years of age, or a child
  113  who is disabled or lacks communication skills.
  114         2. Any report that involves an individual who has been the
  115  subject of a prior report containing some indicators or verified
  116  findings of abuse, neglect, or abandonment.
  117         3. Any report that does not contain compelling evidence
  118  that the maltreatment did not occur.
  119         4. Any report that does not meet the criteria for an onsite
  120  child protective investigation as set forth in subsection (10)
  121  (9).
  122         (b) The enhanced onsite child protective investigation
  123  shall include, but is not limited to:
  124         1. A face-to-face interview with the child, other siblings,
  125  parents or legal custodians or caregivers, and other adults in
  126  the household;
  127         2. Collateral contacts;
  128         3. Contact with the reporter as required by rule;
  129         4. An onsite assessment of the child’s residence in
  130  accordance with paragraph (10)(9)(b); and
  131         5. An updated assessment.
  132  
  133  Detailed documentation is required for the investigative
  134  activities.
  135         (15)(14)
  136         (b) The parents or legal custodians shall be informed of
  137  the right to refuse services, as well as the responsibility of
  138  the department to protect the child regardless of the acceptance
  139  or refusal of services. If the services are refused, a
  140  collateral contact required under subparagraph (11)(b)2. shall
  141  include a relative, if the protective investigator has knowledge
  142  of and the ability to contact a relative. If the services are
  143  refused and the department deems that the child’s need for
  144  protection so requires, the department shall take the child into
  145  protective custody or petition the court as provided in this
  146  chapter. At any time after the commencement of a protective
  147  investigation, a relative may submit in writing to the
  148  protective investigator or case manager a request to receive
  149  notification of all proceedings and hearings in accordance with
  150  s. 39.502. The request shall include the relative’s name,
  151  address, and phone number and the relative’s relationship to the
  152  child. The protective investigator or case manager shall forward
  153  such request to the attorney for the department.
  154         Section 5. Subsection (4) of section 39.304, Florida
  155  Statutes, is amended to read:
  156         39.304 Photographs, medical examinations, X rays, and
  157  medical treatment of abused, abandoned, or neglected child.—
  158         (4) Any photograph or report on examinations made or X rays
  159  taken pursuant to this section, or copies thereof, shall be sent
  160  to the department as soon as possible and shall be preserved in
  161  permanent form in records held by the department.
  162         Section 6. Paragraph (h) of subsection (8) of section
  163  39.402, Florida Statutes, is amended to read:
  164         39.402 Placement in a shelter.—
  165         (8)
  166         (h) The order for placement of a child in shelter care must
  167  identify the parties present at the hearing and must contain
  168  written findings:
  169         1. That placement in shelter care is necessary based on the
  170  criteria in subsections (1) and (2).
  171         2. That placement in shelter care is in the best interest
  172  of the child.
  173         3. That continuation of the child in the home is contrary
  174  to the welfare of the child because the home situation presents
  175  a substantial and immediate danger to the child’s physical,
  176  mental, or emotional health or safety which cannot be mitigated
  177  by the provision of preventive services.
  178         4. That based upon the allegations of the petition for
  179  placement in shelter care, there is probable cause to believe
  180  that the child is dependent or that the court needs additional
  181  time, which may not exceed 72 hours, in which to obtain and
  182  review documents pertaining to the family in order to
  183  appropriately determine the risk to the child.
  184         5. That the department has made reasonable efforts to
  185  prevent or eliminate the need for removal of the child from the
  186  home. A finding of reasonable effort by the department to
  187  prevent or eliminate the need for removal may be made and the
  188  department is deemed to have made reasonable efforts to prevent
  189  or eliminate the need for removal if:
  190         a. The first contact of the department with the family
  191  occurs during an emergency;
  192         b. The appraisal of the home situation by the department
  193  indicates that the home situation presents a substantial and
  194  immediate danger to the child’s physical, mental, or emotional
  195  health or safety which cannot be mitigated by the provision of
  196  preventive services;
  197         c. The child cannot safely remain at home, either because
  198  there are no preventive services that can ensure the health and
  199  safety of the child or because, even with appropriate and
  200  available services being provided, the health and safety of the
  201  child cannot be ensured; or
  202         d. The parent or legal custodian is alleged to have
  203  committed any of the acts listed as grounds for expedited
  204  termination of parental rights in s. 39.806(1)(f)-(i).
  205         6. That the court notified the parents, relatives that are
  206  providing out-of-home care for the child, or legal custodians of
  207  the time, date, and location of the next dependency hearing and
  208  of the importance of the active participation of the parents,
  209  relatives that are providing out-of-home care for the child, or
  210  legal custodians in all proceedings and hearings.
  211         7. That the court notified the parents or legal custodians
  212  of their right to counsel to represent them at the shelter
  213  hearing and at each subsequent hearing or proceeding, and the
  214  right of the parents to appointed counsel, pursuant to the
  215  procedures set forth in s. 39.013.
  216         8.That the court notified relatives who are providing out
  217  of-home care for a child as a result of the shelter petition
  218  being granted that they have the right to attend all subsequent
  219  hearings, to submit reports to the court, and to speak to the
  220  court regarding the child, if they so desire.
  221         Section 7. Subsection (1) of section 39.502, Florida
  222  Statutes, is amended, and subsection (19) is added to that
  223  section, to read:
  224         39.502 Notice, process, and service.—
  225         (1) Unless parental rights have been terminated, all
  226  parents must be notified of all proceedings or hearings
  227  involving the child. Notice in cases involving shelter hearings
  228  and hearings resulting from medical emergencies must be that
  229  most likely to result in actual notice to the parents. In all
  230  other dependency proceedings, notice must be provided in
  231  accordance with subsections (4)-(9), except when a relative
  232  requests notification pursuant to s. 39.301(15)(b), in which
  233  case notice shall be provided pursuant to subsection (19).
  234         (19)In all proceedings and hearings under this chapter,
  235  the attorney for the department shall notify, orally or in
  236  writing, a relative requesting notification pursuant to s.
  237  39.301(15)(b) of the date, time, and location of such
  238  proceedings and hearings, and notify the relative that he or she
  239  has the right to attend all subsequent proceedings and hearings,
  240  to submit reports to the court, and to speak to the court
  241  regarding the child, if the relative so desires. The court has
  242  the discretion to release the attorney for the department from
  243  notifying a relative who requested notification pursuant to s.
  244  39.301(15)(b) if the relative’s involvement is determined to be
  245  impeding the dependency process or detrimental to the child’s
  246  well-being.
  247         Section 8. Subsection (9) of section 39.506, Florida
  248  Statutes, is amended to read:
  249         39.506 Arraignment hearings.—
  250         (9) At the conclusion of the arraignment hearing, all
  251  parties and the relatives who are providing out-of-home care for
  252  the child shall be notified in writing by the court of the date,
  253  time, and location for the next scheduled hearing.
  254         Section 9. Paragraphs (a) through (d) of subsection (1) of
  255  section 39.5085, Florida Statutes, are redesignated as
  256  paragraphs (b) through (e), respectively, a new paragraph (a) is
  257  added to subsection (1), and paragraph (g) of subsection (2) of
  258  that section is amended, to read:
  259         39.5085 Relative Caregiver Program.—
  260         (1) It is the intent of the Legislature in enacting this
  261  section to:
  262         (a)Provide for the establishment of procedures and
  263  protocols that serve to advance the continued safety of children
  264  by acknowledging the valued resource uniquely available through
  265  grandparents and relatives of children.
  266         (2)
  267         (g) The department may use appropriate available state,
  268  federal, and private funds to operate the Relative Caregiver
  269  Program. The department may develop liaison functions to be
  270  available to relatives who care for children pursuant to this
  271  chapter to ensure placement stability in extended family
  272  settings.
  273         Section 10. Subsection (4) of section 39.6011, Florida
  274  Statutes, is amended to read:
  275         39.6011 Case plan development.—
  276         (4) The case plan must describe:
  277         (a) The role of the foster parents or legal custodians when
  278  developing the services that are to be provided to the child,
  279  foster parents, or legal custodians;
  280         (b)The responsibility of the case manager to forward a
  281  relative’s request to receive notification of all proceedings
  282  and hearings submitted pursuant to s. 39.301(15)(b) to the
  283  attorney for the department;
  284         (c)(b) The minimum number of face-to-face meetings to be
  285  held each month between the parents and the department’s family
  286  services counselors to review the progress of the plan, to
  287  eliminate barriers to progress, and to resolve conflicts or
  288  disagreements; and
  289         (d)(c) The parent’s responsibility for financial support of
  290  the child, including, but not limited to, health insurance and
  291  child support. The case plan must list the costs associated with
  292  any services or treatment that the parent and child are expected
  293  to receive which are the financial responsibility of the parent.
  294  The determination of child support and other financial support
  295  shall be made independently of any determination of indigency
  296  under s. 39.013.
  297         Section 11. Subsection (6) of section 39.6013, Florida
  298  Statutes, is amended to read:
  299         39.6013 Case plan amendments.—
  300         (6) The case plan is deemed amended as to the child’s
  301  health, mental health, and education records required by s.
  302  39.6012 when the child’s updated health and education records
  303  are filed by the department under s. 39.701(8)(7)(a).
  304         Section 12. Subsections (6) through (9) of section 39.701,
  305  Florida Statutes, are renumbered as subsections (7) through
  306  (10), respectively, a new subsection (6) is added to that
  307  section, and paragraph (c) of subsection (2), paragraph (b) of
  308  present subsection (6), and paragraph (a) of present subsection
  309  (9) are amended, to read:
  310         39.701 Judicial review.—
  311         (2)
  312         (c) Notice of a hearing by a citizen review panel must be
  313  provided as set forth in subsection (5). At the conclusion of a
  314  citizen review panel hearing, each party may propose a
  315  recommended order to the chairperson of the panel. Thereafter,
  316  the citizen review panel shall submit its report, copies of the
  317  proposed recommended orders, and a copy of the panel’s
  318  recommended order to the court. The citizen review panel’s
  319  recommended order must be limited to the dispositional options
  320  available to the court in subsection (10) (9). Each party may
  321  file exceptions to the report and recommended order of the
  322  citizen review panel in accordance with Rule 1.490, Florida
  323  Rules of Civil Procedure.
  324         (6)The attorney for the department shall notify a relative
  325  who submits a request for notification of all proceedings and
  326  hearings pursuant to s. 39.301(15)(b). The notice shall include
  327  the date, time, and location of the next judicial review
  328  hearing.
  329         (7)(6)
  330         (b) At the first judicial review hearing held subsequent to
  331  the child’s 17th birthday, in addition to the requirements of
  332  subsection (8) (7), the department shall provide the court with
  333  an updated case plan that includes specific information related
  334  to independent living services that have been provided since the
  335  child’s 13th birthday, or since the date the child came into
  336  foster care, whichever came later.
  337         (10)(9)(a) Based upon the criteria set forth in subsection
  338  (9) (8) and the recommended order of the citizen review panel,
  339  if any, the court shall determine whether or not the social
  340  service agency shall initiate proceedings to have a child
  341  declared a dependent child, return the child to the parent,
  342  continue the child in out-of-home care for a specified period of
  343  time, or initiate termination of parental rights proceedings for
  344  subsequent placement in an adoptive home. Amendments to the case
  345  plan must be prepared as prescribed in s. 39.6013. If the court
  346  finds that the prevention or reunification efforts of the
  347  department will allow the child to remain safely at home or be
  348  safely returned to the home, the court shall allow the child to
  349  remain in or return to the home after making a specific finding
  350  of fact that the reasons for the creation of the case plan have
  351  been remedied to the extent that the child’s safety, well-being,
  352  and physical, mental, and emotional health will not be
  353  endangered.
  354         Section 13. Section 39.823, Florida Statutes, is amended to
  355  read:
  356         39.823 Guardian advocates for drug dependent newborns.—The
  357  Legislature finds that increasing numbers of drug dependent
  358  children are born in this state. Because of the parents’
  359  continued dependence upon drugs, the parents may temporarily
  360  leave their child with a relative or other adult or may have
  361  agreed to voluntary family services under s. 39.301(15)(14). The
  362  relative or other adult may be left with a child who is likely
  363  to require medical treatment but for whom they are unable to
  364  obtain medical treatment. The purpose of this section is to
  365  provide an expeditious method for such relatives or other
  366  responsible adults to obtain a court order which allows them to
  367  provide consent for medical treatment and otherwise advocate for
  368  the needs of the child and to provide court review of such
  369  authorization.
  370         Section 14. Section 683.10, Florida Statutes, is amended to
  371  read:
  372         683.10 Grandparents’ and Family Caregivers’ Grandmother’s
  373  Day.—
  374         (1) The first Sunday after Labor Day second Sunday of
  375  October of each year is designated “Grandparents’ and Family
  376  Caregivers’ Grandmother’s Day.”
  377         (2) The Governor may issue annually a proclamation
  378  designating the first Sunday after Labor Day second Sunday of
  379  October as Grandparents’ and Family Caregivers’ Grandmother’s
  380  Day and calling upon public schools and citizens of the state to
  381  observe the occasion.
  382         Section 15. This act shall take effect July 1, 2009.