Florida Senate - 2009 CS for CS for CS for SB 1276
By the Committees on Governmental Oversight and Accountability;
Judiciary; and Children, Families, and Elder Affairs; and
Senator Storms
585-04496-09 20091276c3
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; providing that the
19 failure to provide notice to a relative does not undo
20 any previous action of the court absent a finding that
21 a change is in the child’s best interests; conforming
22 cross-references; amending s. 39.304, F.S.; providing
23 for preservation in department records of certain
24 photographs and X rays and reports on medical
25 examinations and treatments of an abused child;
26 amending s. 39.402, F.S.; requiring notification of
27 certain relatives in an order for placement of a child
28 in shelter care of their right to attend hearings,
29 submit reports to the court, and speak to the court;
30 amending s. 39.502, F.S.; providing for certain
31 relatives to receive notice of dependency hearings
32 under certain circumstances; providing an opportunity
33 for certain relatives to be heard in court; providing
34 an exception; amending s. 39.506, F.S.; providing for
35 certain relatives to receive notice of arraignment
36 hearings under certain circumstances; amending s.
37 39.5085, F.S.; revising legislative intent with regard
38 to the Relative Caregiver Program; authorizing the
39 department to develop liaison functions for certain
40 relatives; amending s. 39.6011, F.S.; requiring a case
41 plan for a child receiving services from the
42 department to include a protocol for notification of
43 certain relatives of proceedings and hearings;
44 amending s. 39.6013, F.S.; conforming a cross
45 reference; amending s. 39.701, F.S.; requiring an
46 attorney for the department to provide notice to
47 certain relatives of the child regarding upcoming
48 judicial hearings; conforming cross-references;
49 amending s. 39.823, F.S.; conforming a cross
50 reference; amending s. 683.10, F.S.; designating the
51 first Sunday after Labor Day as “Grandparents’ and
52 Family Caregivers’ Day”; authorizing the Governor to
53 issue proclamations commemorating the occasion;
54 providing an effective date.
55
56 Be It Enacted by the Legislature of the State of Florida:
57
58 Section 1. This act may be cited as the “Zahid Jones, Jr.,
59 Give Grandparents and Other Relatives a Voice Act.”
60 Section 2. Subsection (7) of section 39.201, Florida
61 Statutes, is amended to read:
62 39.201 Mandatory reports of child abuse, abandonment, or
63 neglect; mandatory reports of death; central abuse hotline.—
64 (7) On an ongoing basis, the department’s quality assurance
65 program shall review calls, fax reports, and web-based reports
66 to the hotline involving three or more unaccepted reports on a
67 single child, where jurisdiction applies, in order to detect
68 such things as harassment and situations that warrant an
69 investigation because of the frequency or variety of the source
70 of the reports. A component of the quality assurance program
71 shall analyze unaccepted reports to the hotline by identified
72 relatives as a part of the review of screened out calls. The
73 Program Director for Family Safety may refer a case for
74 investigation when it is determined, as a result of this review,
75 that an investigation may be warranted.
76 Section 3. Paragraph (r) is added to subsection (2) of
77 section 39.202, Florida Statutes, to read:
78 39.202 Confidentiality of reports and records in cases of
79 child abuse or neglect.—
80 (2) Except as provided in subsection (4), access to such
81 records, excluding the name of the reporter which shall be
82 released only as provided in subsection (5), shall be granted
83 only to the following persons, officials, and agencies:
84 (r) A physician licensed under chapter 458 or chapter 459,
85 a psychologist licensed under chapter 490, or a mental health
86 professional licensed under chapter 491 engaged in the care or
87 treatment of the child.
88 Section 4. Subsections (6) through (23) of section 39.301,
89 Florida Statutes, are renumbered as subsections (7) through
90 (24), respectively, paragraph (c) of present subsection (9),
91 present subsection (10), and paragraph (b) of present subsection
92 (14) are amended, and a new subsection (6) is added to that
93 section, to read:
94 39.301 Initiation of protective investigations.—
95 (6) Upon commencing an investigation under this part, if a
96 report was received from a reporter under s. 39.201(1)(b), the
97 protective investigator must provide his or her contact
98 information to the reporter within 24 hours after being assigned
99 to the investigation. The investigator must also advise the
100 reporter that he or she may provide a written summary of the
101 report made to the central abuse hotline to the investigator
102 which shall become a part of the master file.
103 (10)(9)
104 (c) The determination that a report requires an
105 investigation as provided in this subsection and does not
106 require an enhanced onsite child protective investigation
107 pursuant to subsection (11) (10) must be approved in writing by
108 the supervisor with documentation specifying why additional
109 investigative activities are not necessary.
110 (11)(10)(a) For each report that meets one or more of the
111 following criteria, the department shall perform an enhanced
112 onsite child protective investigation:
113 1. Any allegation that involves physical abuse, sexual
114 abuse, domestic violence, substance abuse or substance exposure,
115 medical neglect, a child younger than 3 years of age, or a child
116 who is disabled or lacks communication skills.
117 2. Any report that involves an individual who has been the
118 subject of a prior report containing some indicators or verified
119 findings of abuse, neglect, or abandonment.
120 3. Any report that does not contain compelling evidence
121 that the maltreatment did not occur.
122 4. Any report that does not meet the criteria for an onsite
123 child protective investigation as set forth in subsection (10)
124 (9).
125 (b) The enhanced onsite child protective investigation
126 shall include, but is not limited to:
127 1. A face-to-face interview with the child, other siblings,
128 parents or legal custodians or caregivers, and other adults in
129 the household;
130 2. Collateral contacts;
131 3. Contact with the reporter as required by rule;
132 4. An onsite assessment of the child’s residence in
133 accordance with paragraph (10)(9)(b); and
134 5. An updated assessment.
135
136 Detailed documentation is required for the investigative
137 activities.
138 (15)(14)
139 (b) The parents or legal custodians shall be informed of the
140 right to refuse services, as well as the responsibility of the
141 department to protect the child regardless of the acceptance or
142 refusal of services. If the services are refused, a collateral
143 contact required under subparagraph (11)(b)2. shall include a
144 relative, if the protective investigator has knowledge of and
145 the ability to contact a relative. If the services are refused
146 and the department deems that the child’s need for protection so
147 requires, the department shall take the child into protective
148 custody or petition the court as provided in this chapter. At
149 any time after the commencement of a protective investigation, a
150 relative may submit in writing to the protective investigator or
151 case manager a request to receive notification of all
152 proceedings and hearings in accordance with s. 39.502. The
153 request shall include the relative’s name, address, and phone
154 number and the relative’s relationship to the child. The
155 protective investigator or case manager shall forward such
156 request to the attorney for the department. The failure to
157 provide notice to either a relative who requests it pursuant to
158 this subsection or to a relative who is providing out-of-home
159 care for a child shall not result in any previous action of the
160 court at any stage or proceeding in dependency or termination of
161 parental rights under any part of this chapter being set aside,
162 reversed, modified, or in any way changed absent a finding by
163 the court that a change is required in the child’s best
164 interests.
165 Section 5. Subsection (4) of section 39.304, Florida
166 Statutes, is amended to read:
167 39.304 Photographs, medical examinations, X rays, and
168 medical treatment of abused, abandoned, or neglected child.—
169 (4) Any photograph or report on examinations made or X rays
170 taken pursuant to this section, or copies thereof, shall be sent
171 to the department as soon as possible and shall be preserved in
172 permanent form in records held by the department.
173 Section 6. Paragraph (h) of subsection (8) of section
174 39.402, Florida Statutes, is amended to read:
175 39.402 Placement in a shelter.—
176 (8)
177 (h) The order for placement of a child in shelter care must
178 identify the parties present at the hearing and must contain
179 written findings:
180 1. That placement in shelter care is necessary based on the
181 criteria in subsections (1) and (2).
182 2. That placement in shelter care is in the best interest
183 of the child.
184 3. That continuation of the child in the home is contrary
185 to the welfare of the child because the home situation presents
186 a substantial and immediate danger to the child’s physical,
187 mental, or emotional health or safety which cannot be mitigated
188 by the provision of preventive services.
189 4. That based upon the allegations of the petition for
190 placement in shelter care, there is probable cause to believe
191 that the child is dependent or that the court needs additional
192 time, which may not exceed 72 hours, in which to obtain and
193 review documents pertaining to the family in order to
194 appropriately determine the risk to the child.
195 5. That the department has made reasonable efforts to
196 prevent or eliminate the need for removal of the child from the
197 home. A finding of reasonable effort by the department to
198 prevent or eliminate the need for removal may be made and the
199 department is deemed to have made reasonable efforts to prevent
200 or eliminate the need for removal if:
201 a. The first contact of the department with the family
202 occurs during an emergency;
203 b. The appraisal of the home situation by the department
204 indicates that the home situation presents a substantial and
205 immediate danger to the child’s physical, mental, or emotional
206 health or safety which cannot be mitigated by the provision of
207 preventive services;
208 c. The child cannot safely remain at home, either because
209 there are no preventive services that can ensure the health and
210 safety of the child or because, even with appropriate and
211 available services being provided, the health and safety of the
212 child cannot be ensured; or
213 d. The parent or legal custodian is alleged to have
214 committed any of the acts listed as grounds for expedited
215 termination of parental rights in s. 39.806(1)(f)-(i).
216 6. That the court notified the parents, relatives that are
217 providing out-of-home care for the child, or legal custodians of
218 the time, date, and location of the next dependency hearing and
219 of the importance of the active participation of the parents,
220 relatives that are providing out-of-home care for the child, or
221 legal custodians in all proceedings and hearings.
222 7. That the court notified the parents or legal custodians
223 of their right to counsel to represent them at the shelter
224 hearing and at each subsequent hearing or proceeding, and the
225 right of the parents to appointed counsel, pursuant to the
226 procedures set forth in s. 39.013.
227 8. That the court notified relatives who are providing out
228 of-home care for a child as a result of the shelter petition
229 being granted that they have the right to attend all subsequent
230 hearings, to submit reports to the court, and to speak to the
231 court regarding the child, if they so desire.
232 Section 7. Subsection (1) of section 39.502, Florida
233 Statutes, is amended, and subsection (19) is added to that
234 section, to read:
235 39.502 Notice, process, and service.—
236 (1) Unless parental rights have been terminated, all
237 parents must be notified of all proceedings or hearings
238 involving the child. Notice in cases involving shelter hearings
239 and hearings resulting from medical emergencies must be that
240 most likely to result in actual notice to the parents. In all
241 other dependency proceedings, notice must be provided in
242 accordance with subsections (4)-(9), except when a relative
243 requests notification pursuant to s. 39.301(15)(b), in which
244 case notice shall be provided pursuant to subsection (19).
245 (19) In all proceedings and hearings under this chapter,
246 the attorney for the department shall notify, orally or in
247 writing, a relative requesting notification pursuant to s.
248 39.301(15)(b) of the date, time, and location of such
249 proceedings and hearings, and notify the relative that he or she
250 has the right to attend all subsequent proceedings and hearings,
251 to submit reports to the court, and to speak to the court
252 regarding the child, if the relative so desires. The court has
253 the discretion to release the attorney for the department from
254 notifying a relative who requested notification pursuant to s.
255 39.301(15)(b) if the relative’s involvement is determined to be
256 impeding the dependency process or detrimental to the child’s
257 well-being.
258 Section 8. Subsection (9) of section 39.506, Florida
259 Statutes, is amended to read:
260 39.506 Arraignment hearings.—
261 (9) At the conclusion of the arraignment hearing, all
262 parties and the relatives who are providing out-of-home care for
263 the child shall be notified in writing by the court of the date,
264 time, and location for the next scheduled hearing.
265 Section 9. Paragraphs (a) through (d) of subsection (1) of
266 section 39.5085, Florida Statutes, are redesignated as
267 paragraphs (b) through (e), respectively, a new paragraph (a) is
268 added to subsection (1), and paragraph (g) of subsection (2) of
269 that section is amended, to read:
270 39.5085 Relative Caregiver Program.—
271 (1) It is the intent of the Legislature in enacting this
272 section to:
273 (a) Provide for the establishment of procedures and
274 protocols that serve to advance the continued safety of children
275 by acknowledging the valued resource uniquely available through
276 grandparents and relatives of children.
277 (2)
278 (g) The department may use appropriate available state,
279 federal, and private funds to operate the Relative Caregiver
280 Program. The department may develop liaison functions to be
281 available to relatives who care for children pursuant to this
282 chapter to ensure placement stability in extended family
283 settings.
284 Section 10. Subsection (4) of section 39.6011, Florida
285 Statutes, is amended to read:
286 39.6011 Case plan development.—
287 (4) The case plan must describe:
288 (a) The role of the foster parents or legal custodians when
289 developing the services that are to be provided to the child,
290 foster parents, or legal custodians;
291 (b) The responsibility of the case manager to forward a
292 relative’s request to receive notification of all proceedings
293 and hearings submitted pursuant to s. 39.301(15)(b) to the
294 attorney for the department;
295 (c)(b) The minimum number of face-to-face meetings to be
296 held each month between the parents and the department’s family
297 services counselors to review the progress of the plan, to
298 eliminate barriers to progress, and to resolve conflicts or
299 disagreements; and
300 (d)(c) The parent’s responsibility for financial support of
301 the child, including, but not limited to, health insurance and
302 child support. The case plan must list the costs associated with
303 any services or treatment that the parent and child are expected
304 to receive which are the financial responsibility of the parent.
305 The determination of child support and other financial support
306 shall be made independently of any determination of indigency
307 under s. 39.013.
308 Section 11. Subsection (6) of section 39.6013, Florida
309 Statutes, is amended to read:
310 39.6013 Case plan amendments.—
311 (6) The case plan is deemed amended as to the child’s
312 health, mental health, and education records required by s.
313 39.6012 when the child’s updated health and education records
314 are filed by the department under s. 39.701(8)(7)(a).
315 Section 12. Subsections (6) through (9) of section 39.701,
316 Florida Statutes, are renumbered as subsections (7) through
317 (10), respectively, a new subsection (6) is added to that
318 section, and paragraph (c) of subsection (2), paragraph (b) of
319 present subsection (6), and paragraph (a) of present subsection
320 (9) are amended, to read:
321 39.701 Judicial review.—
322 (2)
323 (c) Notice of a hearing by a citizen review panel must be
324 provided as set forth in subsection (5). At the conclusion of a
325 citizen review panel hearing, each party may propose a
326 recommended order to the chairperson of the panel. Thereafter,
327 the citizen review panel shall submit its report, copies of the
328 proposed recommended orders, and a copy of the panel’s
329 recommended order to the court. The citizen review panel’s
330 recommended order must be limited to the dispositional options
331 available to the court in subsection (10) (9). Each party may
332 file exceptions to the report and recommended order of the
333 citizen review panel in accordance with Rule 1.490, Florida
334 Rules of Civil Procedure.
335 (6) The attorney for the department shall notify a relative
336 who submits a request for notification of all proceedings and
337 hearings pursuant to s. 39.301(15)(b). The notice shall include
338 the date, time, and location of the next judicial review
339 hearing.
340 (7)(6)
341 (b) At the first judicial review hearing held subsequent to
342 the child’s 17th birthday, in addition to the requirements of
343 subsection (8) (7), the department shall provide the court with
344 an updated case plan that includes specific information related
345 to independent living services that have been provided since the
346 child’s 13th birthday, or since the date the child came into
347 foster care, whichever came later.
348 (10)(9)(a) Based upon the criteria set forth in subsection
349 (9) (8) and the recommended order of the citizen review panel,
350 if any, the court shall determine whether or not the social
351 service agency shall initiate proceedings to have a child
352 declared a dependent child, return the child to the parent,
353 continue the child in out-of-home care for a specified period of
354 time, or initiate termination of parental rights proceedings for
355 subsequent placement in an adoptive home. Amendments to the case
356 plan must be prepared as prescribed in s. 39.6013. If the court
357 finds that the prevention or reunification efforts of the
358 department will allow the child to remain safely at home or be
359 safely returned to the home, the court shall allow the child to
360 remain in or return to the home after making a specific finding
361 of fact that the reasons for the creation of the case plan have
362 been remedied to the extent that the child’s safety, well-being,
363 and physical, mental, and emotional health will not be
364 endangered.
365 Section 13. Section 39.823, Florida Statutes, is amended to
366 read:
367 39.823 Guardian advocates for drug dependent newborns.—The
368 Legislature finds that increasing numbers of drug dependent
369 children are born in this state. Because of the parents’
370 continued dependence upon drugs, the parents may temporarily
371 leave their child with a relative or other adult or may have
372 agreed to voluntary family services under s. 39.301(15)(14). The
373 relative or other adult may be left with a child who is likely
374 to require medical treatment but for whom they are unable to
375 obtain medical treatment. The purpose of this section is to
376 provide an expeditious method for such relatives or other
377 responsible adults to obtain a court order which allows them to
378 provide consent for medical treatment and otherwise advocate for
379 the needs of the child and to provide court review of such
380 authorization.
381 Section 14. Section 683.10, Florida Statutes, is amended to
382 read:
383 683.10 Grandparents’ and Family Caregivers’ Grandmother’s
384 Day.—
385 (1) The first Sunday after Labor Day second Sunday of
386 October of each year is designated “Grandparents’ and Family
387 Caregivers’ Grandmother’s Day.”
388 (2) The Governor may issue annually a proclamation
389 designating the first Sunday after Labor Day second Sunday of
390 October as Grandparents’ and Family Caregivers’ Grandmother’s
391 Day and calling upon public schools and citizens of the state to
392 observe the occasion.
393 Section 15. This act shall take effect July 1, 2009.