CS/CS/HB 1383

1
A bill to be entitled
2An act relating to pregnant children and youth in out-of-
3home care; amending s. 39.822, F.S.; requiring courts to
4appoint by a specified time a pro bono attorney or
5guardian ad litem for a child or youth in out-of-home care
6who is pregnant; creating s. 39.8299, F.S.; requiring the
7Statewide Guardian Ad Litem Office to establish a
8Specialty Guardian Ad Litem Pilot Program in the Fourth
9Judicial Circuit to serve children and youth in out-of-
10home care who are pregnant; requiring the program to be
11reviewed and evaluated by the Statewide Guardian Ad Litem
12Office; requiring a report to the Legislature; limiting
13expansion of the program under certain circumstances;
14providing for development, implementation, administration,
15and supervision of the program; directing the Statewide
16Guardian Ad Litem Office, in conjunction with the pilot
17program, to develop and implement a training program for
18specialty guardians ad litem; providing requirements for
19appointment of specialty guardians ad litem by the court;
20specifying information to be provided to the administrator
21after an appointment is made; requiring that a pro bono
22attorney or guardian ad litem be appointed if a specialty
23guardian ad litem is not available; limiting the specialty
24guardian ad litem's representation to proceedings under
25specified provisions; providing that the specialty
26guardian ad litem does not have the authority to accept
27notice of termination of pregnancy; providing for a
28guardian ad litem to be appointed at the end of the
29specialty guardian ad litem's representation; providing
30that the pilot program and specialty guardians ad litem
31are subject to specified provisions relating to the
32appointment of a guardian ad litem for an abused,
33neglected, or abandoned child; amending s. 409.146, F.S.;
34requiring the children and families client and management
35information system to include information concerning the
36status and outcomes of pregnant children and youth in
37licensed care; requiring community-based providers and
38subcontractors to report specified pregnancy and outcome
39data to the Department of Children and Family Services;
40specifying reporting procedures; providing appropriations;
41providing an effective date.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  Subsection (1) of section 39.822, Florida
46Statutes, is amended to read:
47     39.822  Appointment of guardian ad litem for abused,
48abandoned, or neglected child.-
49     (1)(a)  A guardian ad litem shall be appointed by the court
50at the earliest possible time to represent the child in any
51child abuse, abandonment, or neglect judicial proceeding,
52whether civil or criminal.
53     (b)  At the first hearing after the court is notified that
54a child or youth in out-of-home care is pregnant, the court
55shall appoint a pro bono attorney, or a guardian ad litem if a
56pro bono attorney is not available, for the child or youth.
57     (c)  Any person participating in a civil or criminal
58judicial proceeding resulting from an such appointment pursuant
59to this subsection shall be presumed prima facie to be acting in
60good faith and in so doing shall be immune from any liability,
61civil or criminal, that otherwise might be incurred or imposed.
62     Section 2.  Section 39.8299, Florida Statutes, is created
63to read:
64     39.8299  Specialty Guardian Ad Litem Pilot Program for
65pregnant children or youth in out-of-home care.-
66     (1)  By October 1, 2010, the Statewide Guardian Ad Litem
67Office shall establish a 3-year Specialty Guardian Ad Litem
68Pilot Program in the Fourth Judicial Circuit to serve children
69and youth in out-of-home care who are pregnant.
70     (2)  The Specialty Guardian Ad Litem Pilot Program shall be
71reviewed and evaluated upon completion of the 3-year initial
72pilot program by the Statewide Guardian Ad Litem Office. The
73review and evaluation shall be submitted to the President of the
74Senate and the Speaker of the House of Representatives.
75     (3)  The Specialty Guardian Ad Litem Pilot Program shall
76not expand to other judicial circuits until the 3-year pilot
77program is complete and has been reviewed and evaluated by the
78Legislature.
79     (4)  The Statewide Guardian Ad Litem Office shall designate
80a guardian ad litem in the Fourth Judicial Circuit as the
81administrator of the pilot program. The administrator must meet
82the qualifications for guardians ad litem as specified in s.
8339.821 and have 5 or more years of experience in the area of
84child advocacy, child welfare, or juvenile law or as a program
85attorney, case coordinator, or volunteer with the Statewide
86Guardian Ad Litem Office. The executive director of the
87Statewide Guardian Ad Litem Office shall supervise the
88administration of the pilot program.
89     (5)  The Statewide Guardian Ad Litem Office, in conjunction
90with the pilot program, shall develop and implement a training
91program for specialty guardians ad litem that includes all
92training developed and provided for guardians ad litem pursuant
93to s. 39.8296(2)(b)4. as well as training regarding:
94     (a)  Social service programs available to pregnant women in
95the state.
96     (b)  The legal requirements of s. 390.01114.
97     (c)  The availability of pregnancy counseling services in
98the Fourth Judicial Circuit, including all providers offering
99services under the Florida Pregnancy Support Services Program.
100     (6)  Using funds specifically appropriated for the pilot
101program, the Statewide Guardian Ad Litem Office, in conjunction
102with the pilot program, shall design and implement an
103appropriate specialty guardian ad litem program and may
104establish the number of specialty guardians ad litem needed to
105meet the needs of the pilot program. An existing guardian ad
106litem may serve as a specialty guardian ad litem only after
107completing the additional training requirements specified in
108subsection (5).
109     (7)  The court shall appoint a specialty guardian ad litem
110at the first hearing after the court is notified that the child
111or youth is pregnant. If a guardian ad litem is representing the
112child or youth at that time and is trained as a specialty
113guardian ad litem, a new specialty guardian ad litem need not be
114appointed. When a specialty guardian ad litem is appointed, the
115court shall provide to the administrator, at a minimum, the name
116of the child or youth, the location and placement of the child
117or youth, the name of the department's authorized agent and
118contact information, copies of all notices sent to the parent or
119legal custodian of the child or youth, and any other information
120or records concerning the child or youth. If a specialty
121guardian ad litem is not available, then, pursuant to s.
12239.822(1)(b), the court shall appoint a pro bono attorney or a
123guardian ad litem if a pro bono attorney is not available.
124     (8)  The specialty guardian ad litem's representation shall
125be limited to proceedings initiated under this chapter, except
126that, upon the request of the child or youth, the specialty
127guardian ad litem may represent the child or youth in a
128proceeding filed pursuant to s. 390.01114(4). The specialty
129guardian ad litem does not have the authority to accept notice
130of termination of pregnancy pursuant to s. 390.01114.
131     (9)  Upon the direction of the court, the pilot program
132administrator shall assign a specialty guardian ad litem who
133shall represent the child or youth until 6 months after the
134conclusion of the child or youth's pregnancy. Once assigned, the
135specialty guardian ad litem shall replace any existing guardian
136ad litem appointed for the child or youth if the existing
137guardian ad litem is not trained as a specialty guardian ad
138litem and shall represent the child or youth's wishes. The
139specialty guardian ad litem shall not supersede the child or
140youth's decision to seek a judicial waiver of notice as provided
141in s. 390.01114(4), nor supersede a court-appointed attorney in
142a judicial waiver of notice as provided in s. 390.01114(4). Upon
143conclusion of the specialty guardian ad litem's representation
144of the child or youth, a guardian ad litem shall be appointed by
145the court at the earliest possible time.
146     (10)  The pilot program and specialty guardians ad litem
147assigned pursuant to the pilot program are subject to s. 39.822.
148     Section 3.  Subsections (3) through (9) of section 409.146,
149Florida Statutes, are renumbered as subsections (4) through
150(10), respectively, and a new subsection (3) is added to that
151section to read:
152     409.146  Children and families client and management
153information system.-
154     (3)(a)  The system shall include information concerning the
155status of pregnant children and pregnant youth in licensed care.
156     (b)  Lead community-based providers and their
157subcontractors operating pursuant to s. 409.1671 shall notify
158the department within 72 hours after determining or discovering
159that a child or youth in licensed care is pregnant. This
160notification shall include the following data:
161     1.  The age of the pregnant child or youth.
162     2.  Whether the child or youth was pregnant prior to
163entering licensed care or became pregnant while in licensed
164care.
165     3.  The name of any entity that is providing prenatal care,
166counseling, or other social services to the child or youth.
167     4.  Whether the child or youth has declined prenatal care,
168counseling, or other social services.
169     (c)  Lead community-based providers and their
170subcontractors shall notify the department within 7 days after
171determining or discovering the pregnancy outcome of a child or
172youth in licensed care, including whether the pregnancy was
173terminated or resulted in a live birth, stillbirth, or fetal
174death as defined in s. 382.002, and such data shall be entered
175in the system. If the pregnancy resulted in a live birth, the
176data shall also indicate whether the infant remains in the care
177of the child or youth, has been placed for adoption, or has been
178placed in other licensed care.
179     (d)  Data provided to the department pursuant to this
180subsection shall be entered, aggregated, and reported pursuant
181to subsection (7) within 12 months after the Florida Safe
182Families Network system is deployed to full production
183operational status. In the interim, such data may be collected
184and reported by other means.
185     Section 4.  (1)  For the 2010-2011 fiscal year, one full-
186time equivalent position with associated salary rate of 32,000
187is authorized and the sum of $55,000 in recurring revenue from
188the General Revenue Fund is appropriated to the Statewide
189Guardian Ad Litem Office to implement the Specialty Guardian Ad
190Litem Pilot Program in the Fourth Judicial Circuit.
191     (2)  For the 2010-2011 fiscal year, the sum of $150,000 in
192nonrecurring revenue from the General Revenue Fund is
193appropriated to the Department of Children and Family Services
194for the purpose of modifying the children and families client
195and management information system to accommodate the reporting
196required under s. 409.146(3), Florida Statutes.
197     Section 5.  This act shall take effect July 1, 2010.


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