Florida Senate - 2010 SB 2676
By Senator Storms
10-00841B-10 20102676__
1 A bill to be entitled
2 An act relating to child welfare; amending s. 39.0121,
3 F.S.; conforming a cross-reference; amending s.
4 39.013, F.S.; providing that the circuit court has
5 exclusive jurisdiction over a petition for an
6 injunction to prevent child abuse; amending s.
7 39.0138, F.S.; requiring the Department of Children
8 and Family Services to conduct a juvenile delinquency
9 records check and an out-of-state criminal history
10 records check, if that state allows the release of
11 such records, of certain persons before placement of a
12 child; providing a directive to the Division of
13 Statutory Revision; amending s. 39.301, F.S.; revising
14 provisions relating to the initiation of child
15 protective responses; providing definitions; providing
16 for family-needs-assistance referrals and the
17 initiation of child protective responses; providing
18 for safety assessments; deleting provisions relating
19 to preliminary determinations, when to file petitions
20 for dependency, when to conduct onsite and enhanced
21 onsite protective investigations, when certain
22 services should be provided, certain training
23 requirements, and certain rule adoption requirements;
24 amending s. 39.502, F.S.; conforming cross-references;
25 amending s. 39.504, F.S.; revising provisions relating
26 to an injunction to prevent child abuse; providing for
27 a temporary ex parte injunction; specifying when a
28 person against whom an injunction is entered becomes a
29 party to a subsequent dependency action; amending s.
30 39.521, F.S.; requiring the submission of fingerprints
31 of certain persons residing in a home that is being
32 considered for the out-of-home placement of a child;
33 amending s. 39.6011, F.S.; shortening the timeframe
34 for completing a case plan and revising when the
35 timeframe begins; conforming a cross-reference;
36 amending s. 39.621, F.S.; shortening the timeframe for
37 holding a permanency hearing; amending s. 39.701,
38 F.S., relating to judicial review hearings; conforming
39 provisions to changes made by the act; amending s.
40 39.8055, F.S.; revising provisions relating to filing
41 a petition to terminate parental rights; amending s.
42 39.806, F.S.; revising a cross-reference; amending s.
43 39.823, F.S.; deleting a cross-reference; amending s.
44 901.15, F.S.; authorizing a law enforcement officer to
45 arrest without warrant a person who has violated an
46 injunction to prevent child abuse; directing the
47 Office of Program Policy Analysis and Government
48 Accountability to evaluate the effectiveness of the
49 child protective response system established under
50 this act and submit reports to the Legislature;
51 creating the Child Welfare Professionals Taskforce;
52 specifying the scope of work of the taskforce;
53 providing for appointment to the taskforce by the
54 secretary of the department; requiring the department
55 to provide administrative support; requiring an annual
56 report; establishing the Child Safety Assessment
57 Workgroup for the purpose of developing a safety
58 assessment process and to report its findings to the
59 Legislature; providing an effective date.
60
61 Be It Enacted by the Legislature of the State of Florida:
62
63 Section 1. Paragraph (b) of subsection (16) of section
64 39.0121, Florida Statutes, is amended to read:
65 39.0121 Specific rulemaking authority.—Pursuant to the
66 requirements of s. 120.536, the department is specifically
67 authorized to adopt, amend, and repeal administrative rules
68 which implement or interpret law or policy, or describe the
69 procedure and practice requirements necessary to implement this
70 chapter, including, but not limited to, the following:
71 (16) Provisions for reporting, locating, recovering, and
72 stabilizing children whose whereabouts become unknown while they
73 are involved with the department and for preventing recurrences
74 of such incidents. At a minimum, the rules must:
75 (b) Include criteria to determine when a child is missing
76 for purposes of making a report to a law enforcement agency, and
77 require that in all cases in which a law enforcement agency has
78 accepted a case for criminal investigation pursuant to s.
79 39.301(8) s. 39.301(2)(c) and the child’s whereabouts are
80 unknown, the child shall be considered missing and a report
81 made.
82 Section 2. Subsection (2) of section 39.013, Florida
83 Statutes, is amended to read:
84 39.013 Procedures and jurisdiction; right to counsel.—
85 (2) The circuit court has exclusive original jurisdiction
86 of all proceedings under this chapter, of a child voluntarily
87 placed with a licensed child-caring agency, a licensed child
88 placing agency, or the department, and of the adoption of
89 children whose parental rights have been terminated under this
90 chapter. Jurisdiction attaches when the initial shelter
91 petition, dependency petition, or termination of parental rights
92 petition, or petition for an injunction to prevent child abuse
93 issued pursuant to s. 39.504 is filed or when a child is taken
94 into the custody of the department. The circuit court may assume
95 jurisdiction over any such proceeding regardless of whether the
96 child was in the physical custody of both parents, was in the
97 sole legal or physical custody of only one parent, caregiver, or
98 some other person, or was in the physical or legal custody of no
99 person when the event or condition occurred that brought the
100 child to the attention of the court. When the court obtains
101 jurisdiction of a any child who has been found to be dependent,
102 the court shall retain jurisdiction, unless relinquished by its
103 order, until the child reaches 18 years of age. However:,
104 (a) If a youth petitions the court at any time before his
105 or her 19th birthday requesting the court’s continued
106 jurisdiction, the juvenile court may retain jurisdiction under
107 this chapter for up to a period not to exceed 1 year following
108 the youth’s 18th birthday for the purpose of determining whether
109 appropriate aftercare support, the Road-to-Independence Program,
110 transitional support, mental health, and developmental
111 disability services, to the extent otherwise authorized by law,
112 have been provided to the formerly dependent child who was in
113 the legal custody of the department immediately before his or
114 her 18th birthday.
115 (b) If a petition for special immigrant juvenile status and
116 an application for adjustment of status have been filed on
117 behalf of a foster child and the petition and application have
118 not been granted by the time the child reaches 18 years of age,
119 the court may retain jurisdiction over the dependency case
120 solely for the purpose of allowing the continued consideration
121 of the petition and application by federal authorities. Review
122 hearings for the child shall be set solely for the purpose of
123 determining the status of the petition and application. The
124 court’s jurisdiction terminates upon the final decision of the
125 federal authorities. Retention of jurisdiction in this instance
126 does not affect the services available to a young adult under s.
127 409.1451. The court may not retain jurisdiction of the case
128 after the immigrant child’s 22nd birthday.
129 Section 3. Subsection (1) of section 39.0138, Florida
130 Statutes, is amended to read:
131 39.0138 Criminal history records check; limit on placement
132 of a child.—
133 (1) The department shall conduct a criminal history records
134 check on all persons age 12 years and older, including parents,
135 being considered by the department for placement of a child
136 subject to a placement decision under this chapter, including
137 all nonrelative placement decisions, all members of the
138 household of the person being considered, and frequent visitors
139 to the household. For purposes of this section, a criminal
140 history records check includes may include, but is not limited
141 to, submission of fingerprints to the Department of Law
142 Enforcement for processing and forwarding to the Federal Bureau
143 of Investigation for state and national criminal history
144 information, and local criminal records checks through local law
145 enforcement agencies, juvenile delinquency records check for
146 persons age 12 years and older, and. A criminal history records
147 check must also include a search of the department’s automated
148 abuse information system. An out-of-state criminal history
149 records check must be initiated for any person who resided in
150 another state if that state allows the release of such records.
151 The department shall establish by rule standards for evaluating
152 any information contained in the automated system relating to a
153 person who must be screened for purposes of making a placement
154 decision.
155 Section 4. The Division of Statutory Revision is requested
156 to rename part III of chapter 39, Florida Statutes, as “Child
157 Protection.”
158 Section 5. Section 39.301, Florida Statutes, is amended to
159 read:
160 (Substantial rewording of section. See
161 s. 39.301, F.S., for present text.)
162 39.301 Child protection.–
163 (1) LEGISLATIVE INTENT AND PURPOSE.—
164 (a) The Legislature recognizes that while most parents want
165 to keep their children safe, sometimes circumstances or
166 conditions interfere with their ability to do so. When this
167 occurs, children and their families are best served by
168 interventions that engage their protective capacities and
169 address immediate safety concerns as well as ongoing risks of
170 harm. It is therefore the intent of the Legislature that the
171 department respond to reports of child abuse, abandonment, or
172 neglect in a manner that ensures the safety of children while
173 maintaining the integrity of the family.
174 (b) The purpose of this section is to provide procedures
175 that allow the department to respond to:
176 1. Calls that do not meet the criteria for a report of
177 child abuse, abandonment, or neglect, but that indicate that the
178 family needs assistance, as family-needs-assistance referrals;
179 and
180 2. Reports of child abuse, abandonment, or neglect by
181 providing services to families in a manner that adheres to a
182 family centered practice model without the need for a child
183 protective investigation, or by conducting a child protective
184 investigation if warranted.
185 (2) DEFINITIONS.—As used in this section, the term:
186 (a) “Case manager” means an individual who is accountable
187 for service delivery relating to safety, permanency, and well
188 being for a caseload of children and families under supervision.
189 (b) “Criminal conduct” means a child is known or suspected
190 to:
191 1. Be the victim of child abuse or neglect of a child, as
192 those terms are defined in s. 827.03.
193 2. Have died as a result of abuse or neglect.
194 3. Be the victim of aggravated child abuse, as defined in
195 s. 827.03.
196 4. Be the victim of sexual battery, as defined in s.
197 827.071, or the sexual abuse of a child, as defined in s. 39.01.
198 5. Be the victim of institutional child abuse or neglect,
199 as defined in s. 39.01, and as provided for in s. 39.302(1).
200 6. Be a victim of human trafficking, as provided in s.
201 787.06.
202 (c) “Family centered practice” means a service delivery
203 model that is based upon the core principles that the best place
204 for a child to grow up is in his or her family and that
205 providing services that engage, involve, strengthen, and support
206 families is the most effective way to ensure the safety,
207 permanency, and well-being of a child. Family centered practice
208 is characterized by mutual trust, respect, honesty, and open
209 communication between parents or other caregivers and service
210 providers. Families are active participants in the development
211 of policy, program design, and evaluation, and are active
212 decisionmakers in selecting services for themselves and their
213 children. Family and child assessment is strengths based and
214 solution focused. Services are community based and build upon
215 informal supports and resources.
216 (d) “Family centered practice response” means a
217 nonadversarial approach for responding to reports of child
218 abuse, abandonment, or neglect which assesses the risk to the
219 child and family and, if appropriate, delivers services that
220 remove the risk to the child and support the integrity of the
221 family.
222 (e) “Protective capacities” means the cognitive,
223 behavioral, and emotional qualities that enable an individual or
224 family to keep a child safe.
225 (f) “Risk” is the probability of future maltreatment,
226 regardless of severity, and is commonly assessed on a continuum
227 from low to high.
228 (g) “Safety assessment” means a process in which a
229 determination is made as to whether a child is safe or unsafe:
230 1. A child is safe if:
231 a. There are no threats of danger within the family; or
232 b. Parents have sufficient protective capacities to manage
233 any threats.
234 2. A child is unsafe if:
235 a. Threats of danger exist within the family;
236 b. The child is vulnerable to those threats; and
237 c. Parents have insufficient protective capacities to
238 manage or control threats.
239 (3) FAMILY-NEEDS-ASSISTANCE REFERRAL.—
240 (a) Upon receiving a call that does not meet the criteria
241 for being a report of child abuse, abandonment, or neglect, but
242 that indicates that the family needs assistance, the central
243 abuse hotline shall accept these calls for a family-needs
244 assistance referral and immediately transfer the referral to the
245 county where the family is currently residing.
246 (b) The referral must be reviewed by the community-based
247 care lead agency within 24 hours after being received from the
248 central abuse hotline to determine the appropriate response,
249 which includes at least one of the following:
250 1. The community-based care lead agency contacts the
251 central abuse hotline to request an abuse, abandonment, or
252 neglect intake if further review has warranted such action; or
253 2. The community-based care lead agency visits the home to
254 determine service needs and connect families or individuals to
255 such services. The visit must occur within 2 business days after
256 the family-needs-assistance referral was received from the
257 central abuse hotline.
258 (c) The department and the community-based care lead
259 agencies must maintain up-to-date documentation of all family
260 needs-assistance referrals. Documentation must include, at a
261 minimum:
262 1. The number of referrals received;
263 2. The type of response to each referral;
264 3. An indication of whether or not the family accepted
265 services;
266 4. If services were accepted by the family, what services
267 were delivered and the cost of those services;
268 5. The outcome of services accepted and delivered;
269 6. Whether or not families who are the subject of the
270 referral return to the attention of the department as a
271 subsequent family-needs-assistance referral, as the subject of a
272 report accepted for a family centered practice response, or a
273 child protective investigation; and
274 7. Any additional information that enables a determination
275 of the success of the family-needs-assistance referral approach.
276 (4) INITIATION OF A CHILD PROTECTIVE RESPONSE.—
277 (a) Upon receiving a call that meets the criteria for a
278 report of known or suspected child abuse, abandonment, or
279 neglect, or that a child is in need of supervision and care and
280 does not have a parent, legal custodian, or responsible adult
281 relative immediately known and available to provide supervision
282 and care, the central abuse hotline shall determine if the
283 report requires an immediate response.
284 1. For reports requiring an immediate response, the central
285 abuse hotline shall immediately notify the department or
286 designated sheriff’s office who has the authority and
287 responsibility for ensuring that a response is promptly
288 initiated.
289 2. For reports not requiring an immediate response, the
290 central abuse hotline shall notify the department or designated
291 sheriff’s office who has the authority and responsibility for
292 responding within the required 24 hours.
293 (b) At the time of notification, the central abuse hotline
294 shall also provide information to the department or designated
295 sheriff’s office on any previous report concerning a subject of
296 the present report or any pertinent information relative to the
297 present report or any earlier reports.
298 (c) The department shall immediately forward allegations of
299 criminal conduct to the law enforcement agency of the
300 municipality or county in which the alleged conduct has occurred
301 to be investigated under subsection (8).
302 (d) The department shall maintain a master file for each
303 child whose report is accepted by the central abuse hotline for
304 a response, which must include information on all reports
305 received concerning that child. The file must be made available
306 to any department staff, agent of the department, or contract
307 provider that has responsibility for responding.
308 (5) CHILD SAFETY ASSESSMENT.—For each report accepted by
309 the central abuse hotline alleging child abuse, abandonment, or
310 neglect, the department or the sheriff providing child
311 protective response services, shall, as part of the response,
312 perform a safety assessment through the use and completion of a
313 standardized safety assessment instrument to determine if the
314 child is safe or unsafe based on an evaluation of risk to the
315 child.
316 (a) The safety assessment must be completed as soon as
317 possible, but within 48 hours after initial contact with the
318 alleged victim and must be updated as needed. The safety
319 assessment must be conducted in a manner that is sensitive to
320 the social, economic, and cultural environment of the family
321 and, at a minimum, must include:
322 1. Face-to-face interviews with the child, siblings,
323 caregivers, and all other adults in the household.
324 2. Collateral contacts with individuals likely to have
325 knowledge of the family, specifically including the reporter.
326 3. A determination of the composition of the family or
327 household, including the name, address, date of birth, social
328 security number, gender, and race of each child named in the
329 report, each sibling of each such child, any other child in the
330 same household or in the care of the same caregiver, the
331 caregiver, and any other adults living in the household.
332 4. A state and federal criminal records check, including,
333 if feasible, the records of the Department of Corrections, of
334 the child’s caregivers, the child’s parents if not the child’s
335 caregiver, and any other persons in the same household, which
336 may be used solely for purposes supporting the detection,
337 apprehension, prosecution, pretrial release, posttrial release,
338 or rehabilitation of criminal offenders or persons accused of
339 the crimes of child abuse, abandonment, or neglect. The
340 information may not be further disseminated or used for any
341 other purpose. The department’s child protective responders are
342 designated a criminal justice agency for the purpose of
343 accessing criminal justice information to be used for enforcing
344 state laws concerning the crimes of child abuse, abandonment,
345 and neglect.
346 5. A determination whether there is any indication that any
347 child in the family or household has been abused, abandoned, or
348 neglected by a caregiver and, if so, the nature, extent, and
349 evidence of present or prior abuse, abandonment, or neglect.
350 (b) If the child protective responder determines that the
351 child is safe but there is a risk of future harm, further
352 assessment is unnecessary and the department shall contact the
353 appropriate community-based care lead agency to designate a case
354 manager for families that have accepted services to develop a
355 family centered services plan under subsection (6).
356 (c) If the child protective responder determines that the
357 child is unsafe, the responder shall immediately initiate a
358 child protective investigation under subsection (7).
359 (6) FAMILY CENTERED PRACTICE RESPONSE.—
360 (a) If the child safety assessment concludes that the child
361 is safe but there is a risk for future harm and the family has
362 been offered and has accepted services, the department shall
363 contact the community-based care lead agency to designate a case
364 manager to engage the family and develop a family centered
365 practice services plan. Activities conducted under this
366 paragraph must recognize and support the following basic tenets
367 of family centered practice:
368 1. Making the family the center of attention.
369 2. Strengthening the protective capacities of the family.
370 3. Engaging the family in every aspect of service delivery,
371 including assessment, determining solutions to problems, and
372 selecting service providers.
373 4. Linking the family to comprehensive, culturally
374 relevant, formal and informal, community-based supports and
375 services.
376 (b) Services provided to a family under this subsection
377 must be voluntary and of a limited duration.
378 (c) No one is identified and labeled as a perpetrator.
379 (d) If at any time as a result of additional information,
380 findings of facts, or changing conditions, or the refusal of
381 services by a family, a child is at risk for future harm, the
382 department may pursue a child protective investigation as
383 provided in subsection (7).
384 (7) CHILD PROTECTIVE INVESTIGATION.—If the child safety
385 assessment concludes that the child is unsafe, a child
386 protective investigation shall be immediately initiated. To the
387 extent practical, all child protective investigations must be
388 conducted or supervised by a single child protective responder
389 in order to facilitate broad knowledge and understanding of the
390 child’s history.
391 (a) If a new child protective responder is assigned to
392 investigate a second and subsequent report involving a child, a
393 multidisciplinary staffing must be conducted which includes new
394 and prior responders, their supervisors, and appropriate private
395 providers in order to ensure, to the extent possible, that there
396 is coordination among all parties.
397 (b) The department shall establish procedures that ensure
398 that all required investigatory activities, including a review
399 of the child’s complete investigative and protective services
400 history, are completed by the child protective responder,
401 reviewed by the supervisor in a timely manner, and signed and
402 dated by the child protective responder and the child protective
403 responder’s supervisor. Detailed documentation is required for
404 all investigative activities.
405 (c) A child protective responder’s visit to the household
406 and face-to-face interviews with the child or family must be
407 unannounced unless it is determined by the child protective
408 responder that an unannounced visit would threaten the safety of
409 the child.
410 (d) If the child protective responder is denied reasonable
411 access to a child by the child’s caregivers and the department
412 deems that the best interests of the child require access, the
413 responder shall seek an appropriate court order or other legal
414 authority before examining and interviewing the child.
415 (e) If a report was received from a reporter listed under
416 s. 39.201(1)(b), the child protective responder must provide his
417 or her contact information to the reporter within 24 hours after
418 being assigned to the child protective investigation. The
419 responder must also advise the reporter that he or she may
420 provide a written summary of the report made to the central
421 abuse hotline to the child protective responder which shall
422 become a part of the master file.
423 (f) Upon commencing an investigation, the child protective
424 responder shall inform any subject of the investigation:
425 1. The names of the responders and identifying credentials
426 from the department;
427 2. The purpose of the investigation; and
428 3. The subject’s right to obtain an attorney and how
429 information provided by the subject may be used.
430 (g) In addition to the requirements of paragraph (f), the
431 child protective responder shall inform the parent or legal
432 custodian of the child of:
433 1. The possible outcomes of the investigation and the
434 availability of services;
435 2. The right of the parent or legal custodian to be
436 involved to the fullest extent possible in determining the
437 nature of the allegation and any identified problem;
438 3. The right of the parent or legal custodian to refuse
439 services, as well as the responsibility of the department to
440 protect the child regardless of the acceptance or refusal of
441 services. If the services are refused, a collateral contact
442 identified under subparagraph (5)(a)2. must include a relative
443 if the child protective responder has knowledge of, and the
444 ability to contact, a relative;
445 4. The responsibility of the child protective responder to
446 identify and notify adult relatives within 30 days after a
447 child’s placement in licensed care; and
448 5. The duty of the parent or legal custodian to report any
449 change in the residence or location of the child to the child
450 protective responder and that the duty to report continues until
451 the investigation is closed.
452 (h) If, after having been notified of the requirement to
453 report a change in residence or location of the child to the
454 child protective responder, a parent or legal custodian causes
455 the child to move, or allows the child to be moved, to a
456 different residence or location, or if the child leaves the
457 residence on his or her own accord and the parent or legal
458 custodian does not notify the child protective responder of the
459 move within 2 business days, the child may be considered to be a
460 missing child for the purposes of filing a report with a law
461 enforcement agency under s. 937.021.
462 (i) At any time after the commencement of a child
463 protective investigation, a relative may submit in writing to
464 the child protective responder or case manager a request to
465 receive notification of all proceedings and hearings in
466 accordance with s. 39.502. The request must include the
467 relative’s name, address, and telephone number and the
468 relative’s relationship to the child. The child protective
469 responder or case manager shall forward such request to the
470 department’s attorney. Failure to provide notice to a relative
471 who requests it or who is providing out-of-home care for a child
472 may not cause any action of the court at any stage or proceeding
473 in dependency or termination of parental rights under any part
474 of this chapter to be set aside, reversed, modified, or in any
475 way changed absent a finding by the court that a change is in
476 the child’s best interest.
477 (j) Immediately upon learning during the course of a child
478 protective investigation that the immediate safety or well-being
479 of a child is endangered, the family is likely to flee, or that
480 the child is a victim of criminal conduct, the department shall
481 orally notify the jurisdictionally responsible state attorney
482 and county sheriff’s office or local police department, and,
483 within 3 working days, transmit a full written report to those
484 agencies. Pursuant to subsection (8), the law enforcement agency
485 shall review the report and determine whether a criminal
486 investigation needs to be conducted. Any interested person who
487 has information regarding an offense described in this paragraph
488 may forward a statement to the state attorney as to whether
489 prosecution is warranted and appropriate.
490 (k) The department shall complete its child protective
491 investigation within 60 days after receiving the initial report,
492 unless:
493 1. There is also an active, concurrent criminal
494 investigation that is continuing beyond the 60-day period and
495 the closure of the child protective investigation may compromise
496 successful criminal prosecution of the child abuse, abandonment,
497 or neglect case, in which case the closure date must coincide
498 with the closure date of the criminal investigation and any
499 resulting legal action.
500 2. In a child death case, the final report of the medical
501 examiner is necessary for the department to close a child
502 protective investigation. If the report has not been received
503 within the 60-day period, the closure date shall be extended to
504 accommodate receipt and consideration of the medical examiner’s
505 report.
506 3. A child who is necessary to a child protective
507 investigation has been declared missing by the department, a law
508 enforcement agency, or a court, in which case the 60-day period
509 shall be extended until the child has been located or until
510 sufficient information exists to close the child protective
511 investigation despite the unknown location of the child.
512 (l) If a child is taken into custody pursuant to this
513 subsection, the department shall request that the child’s
514 caregiver disclose the names, relationships, and addresses of
515 all parents and prospective parents and all next of kin, so far
516 as are known.
517 (m) If a petition for dependency is not being filed by the
518 department, the person or agency originating the report shall be
519 advised of the right to file a petition pursuant to this
520 chapter.
521 (n) If an investigation is closed and a person is not
522 identified as a caregiver responsible for the abuse,
523 abandonment, or neglect alleged in the report, the fact that the
524 person is named in some capacity in the report may not be used
525 in any way to adversely affect the interests of that person.
526 This prohibition applies to any use of the information in
527 employment screening, licensing, child placement, adoption, or
528 any other decisions by a private adoption agency or a state
529 agency or its contracted providers, except that a previous
530 report may be used to determine whether a child is safe and what
531 the known risk is to the child at any stage of a child
532 protection proceeding.
533 (8) CRIMINAL INVESTIGATIONS.—The department shall
534 immediately forward allegations of criminal conduct to the
535 municipal or county law enforcement agency of the municipality
536 or county in which the alleged criminal conduct has occurred.
537 (a) Upon receiving a written report of an allegation of
538 criminal conduct from the department, the law enforcement agency
539 shall review the information in the report to determine whether
540 a criminal investigation is warranted. If the law enforcement
541 agency accepts the case for criminal investigation, it shall
542 assume lead responsibility for all criminal fact-finding
543 activities and coordinate its investigative activities with the
544 department, if feasible. If the law enforcement agency does not
545 accept the case for criminal investigation, the agency shall
546 notify the department in writing.
547 (b) If the law enforcement agency conducts a criminal
548 investigation into allegations of child abuse, neglect, or
549 abandonment, photographs documenting the abuse or neglect may be
550 taken if appropriate.
551 (c) Within 15 days after the case is reported to the state
552 attorney pursuant to this section, the state attorney shall
553 report his or her findings to the department and must include in
554 the report a determination of whether or not prosecution is
555 justified and appropriate in view of the circumstances of the
556 specific case.
557 (d) The local law enforcement agreement required in s.
558 39.306 must describe the specific local protocols for
559 implementing this section.
560 (9) SCHOOL INTERVIEWS.—
561 (a) If during a child protective investigation or a
562 criminal investigation, the initial interview with the child is
563 conducted at school, the department or the law enforcement
564 agency may, notwithstanding the provisions of s. 39.0132(4),
565 allow a school staff member who is known by the child to be
566 present during the initial interview if:
567 1. The department or law enforcement agency believes that
568 the school staff member could enhance the success of the
569 interview by his or her presence; and
570 2. The child requests or consents to the presence of the
571 school staff member at the interview.
572 (b) A school staff member may be present only as authorized
573 by this subsection. Information received during the interview or
574 from any other source regarding the alleged abuse or neglect of
575 the child is confidential and exempt from s. 119.07(1), except
576 as provided by court order.
577 (c) A separate record of the child protective investigation
578 of the abuse, abandonment, or neglect may not be maintained by
579 the school or school staff member.
580 (d) A violation of this subsection is a misdemeanor of the
581 second degree, punishable as provided in s. 775.082 or s.
582 775.083.
583 (10) TRAINING.—
584 (a) Family centered practice is about respecting families
585 and working in a collaborative relationship to support positive
586 outcomes for children. It is necessary to recognize that the
587 relationship of child welfare staff with the family is a primary
588 tool for helping them to make positive changes to achieve their
589 goals. Success in using family centered practice depends on
590 child welfare staff refining their skills and their capacity to
591 achieve successful interventions. Training shall be provided to
592 all department, sheriff’s office, and community-based care lead
593 agency child welfare staff to provide the skills necessary to
594 understand the underlying philosophy of the family centered
595 practice model and put its basic tenets into practice.
596 (b) The department’s training program for staff responsible
597 for responding to reports accepted by the central abuse hotline
598 must also ensure that child protective responders:
599 1. Know how to fully inform parents or legal custodians of
600 their rights and options, including opportunities for audio or
601 video recording of child protective responder interviews with
602 parents or legal custodians or children.
603 2. Know how and when to use the injunction process under s.
604 39.504 or s. 741.30 to remove a perpetrator of domestic violence
605 from the home as an intervention to protect the child.
606 (c) To enhance the skills of individual staff and to
607 improve the region’s overall child protection system, the
608 department’s training program at the regional level must include
609 periodic reviews of child protective investigation cases handled
610 within the region in order to identify weaknesses as well as
611 examples of effective interventions which occurred at each point
612 in the case.
613 (11) QUALITY ASSURANCE.—The department shall incorporate
614 the monitoring of the outcome or result of family centered
615 practice responses and child protective investigations into its
616 quality assurance program.
617 Section 6. Subsections (1) and (19) of section 39.502,
618 Florida Statutes, are amended to read:
619 39.502 Notice, process, and service.—
620 (1) Unless parental rights have been terminated, all
621 parents must be notified of all proceedings or hearings
622 involving the child. Notice in cases involving shelter hearings
623 and hearings resulting from medical emergencies must be that
624 most likely to result in actual notice to the parents. In all
625 other dependency proceedings, notice must be provided in
626 accordance with subsections (4)-(9), except if when a relative
627 requests notification pursuant to s. 39.301(7)(i) 39.301(15)(b),
628 in which case notice shall be provided pursuant to subsection
629 (19).
630 (19) In all proceedings and hearings under this chapter,
631 the attorney for the department shall notify, orally or in
632 writing, a relative requesting notification pursuant to s.
633 39.301(7)(i) 39.301(15)(b) of the date, time, and location of
634 such proceedings and hearings, and notify the relative that he
635 or she has the right to attend all subsequent proceedings and
636 hearings, to submit reports to the court, and to speak to the
637 court regarding the child, if the relative so desires. The court
638 may has the discretion to release the attorney for the
639 department from notifying a relative who requested notification
640 pursuant to s. 39.301(15)(b) if the relative’s involvement is
641 determined to be impeding the dependency process or detrimental
642 to the child’s well-being.
643 Section 7. Section 39.504, Florida Statutes, is amended to
644 read:
645 39.504 Injunction to prevent child abuse pending
646 disposition of petition; penalty.—
647 (1) At any time after a protective investigation has been
648 initiated pursuant to part III of this chapter, the court, upon
649 the request of the department, a law enforcement officer, the
650 state attorney, or other responsible person, or upon its own
651 motion, may, if there is reasonable cause, issue an injunction
652 pursuant to this section to prevent any act of child abuse.
653 Reasonable cause for the issuance of an injunction exists if
654 there is evidence of child abuse or if there is a reasonable
655 likelihood of such abuse occurring based upon a recent overt act
656 or failure to act.
657 (2) The petitioner seeking the injunction shall file a
658 verified petition, or a petition along with an affidavit,
659 setting forth the specific actions by the alleged offender from
660 which the child must be protected and all remedies sought. Upon
661 filing the petition, the court shall set a hearing to be held at
662 the earliest possible time. Pending the hearing, the court may
663 issue a temporary ex parte injunction, with verified pleadings
664 or affidavits as evidence. The temporary ex parte injunction is
665 effective for up to 15 days, at which time the hearing must be
666 held. The hearing may be held sooner if the alleged defender has
667 received notice.
668 (3) Prior to the hearing, the alleged offender must be
669 personally served with a copy of the petition, all other
670 pleadings related to the petition, a notice of hearing, and, if
671 one is entered, the temporary injunction. Following the hearing,
672 the court may enter a final injunction. The court may grant a
673 continuance of the hearing at any time for good cause shown by
674 any party, including obtaining service of process. If a
675 temporary ex parte injunction is entered, it shall be continued
676 during the continuance.
677 (2) Notice shall be provided to the parties as set forth in
678 the Florida Rules of Juvenile Procedure, unless the child is
679 reported to be in imminent danger, in which case the court may
680 issue an injunction immediately. A judge may issue an emergency
681 injunction pursuant to this section without notice if the court
682 is closed for the transaction of judicial business. If an
683 immediate injunction is issued, the court must hold a hearing on
684 the next day of judicial business to dissolve the injunction or
685 to continue or modify it in accordance with this section.
686 (4)(3) If an injunction is issued under this section, the
687 primary purpose of the injunction must be to protect and promote
688 the best interests of the child, taking the preservation of the
689 child’s immediate family into consideration.
690 (a) The injunction applies shall apply to the alleged or
691 actual offender in the a case of child abuse or acts of domestic
692 violence. The conditions of the injunction shall be determined
693 by the court, which conditions may include ordering the alleged
694 or actual offender to:
695 1. Refrain from further abuse or acts of domestic violence.
696 2. Participate in a specialized treatment program.
697 3. Limit contact or communication with the child victim,
698 other children in the home, or any other child.
699 4. Refrain from contacting the child at home, school, work,
700 or wherever the child may be found.
701 5. Have limited or supervised visitation with the child.
702 6. Pay temporary support for the child or other family
703 members; the costs of medical, psychiatric, and psychological
704 treatment for the child incurred as a result of the offenses;
705 and similar costs for other family members.
706 6.7. Vacate the home where in which the child resides.
707 (b) Upon proper pleading, the court may award the following
708 relief in the final injunction If the intent of the injunction
709 is to protect the child from domestic violence, the conditions
710 may also include:
711 1. Awarding the Exclusive use and possession of the
712 dwelling to the caregiver or exclusion of excluding the alleged
713 or actual offender from the residence of the caregiver.
714 2. Awarding temporary custody of the child to the
715 caregiver.
716 2.3. Establishing Temporary support for the child or other
717 family members.
718 3. The costs of medical, psychiatric, and psychological
719 treatment for the child incurred due to the abuse, and similar
720 costs for other family members.
721
722 This paragraph does not preclude the adult victim of domestic
723 violence from seeking protection for himself or herself under s.
724 741.30.
725 (c) The terms of the injunction shall remain in effect
726 until modified or dissolved by the court. The petitioner,
727 respondent, or caregiver may move at any time to modify or
728 dissolve the injunction. Notice of hearing on the motion to
729 modify or dissolve the injunction must be provided to all
730 parties, including the department. The injunction is valid and
731 enforceable in all counties in the state.
732 (5)(4) Service of process on the respondent shall be
733 carried out pursuant to s. 741.30. The department shall deliver
734 a copy of any injunction issued pursuant to this section to the
735 protected party or to a parent, caregiver, or individual acting
736 in the place of a parent who is not the respondent. Law
737 enforcement officers may exercise their arrest powers as
738 provided in s. 901.15(6) to enforce the terms of the injunction.
739 (6)(5) Any person who fails to comply with an injunction
740 issued pursuant to this section commits a misdemeanor of the
741 first degree, punishable as provided in s. 775.082 or s.
742 775.083.
743 (7) The person against whom an injunction is entered under
744 this section does not automatically become a party to a
745 subsequent dependency action concerning the same child unless he
746 or she is a party as that term is defined in s. 39.01.
747 Section 8. Paragraph (r) of subsection (2) of section
748 39.521, Florida Statutes, is amended to read:
749 39.521 Disposition hearings; powers of disposition.—
750 (2) The predisposition study must provide the court with
751 the following documented information:
752 (r) If the child has been removed from the home and will be
753 remaining with a relative, parent, or other adult approved by
754 the court, a home study report concerning the proposed placement
755 must shall be included in the predisposition report. Before
756 Prior to recommending to the court any out-of-home placement for
757 a child other than placement in a licensed shelter or foster
758 home, the department shall conduct a study of the home of the
759 proposed legal custodians, which must include, at a minimum:
760 1. An interview with the proposed legal custodians to
761 assess their ongoing commitment and ability to care for the
762 child.
763 2. Records checks through the Florida Abuse Hotline
764 Information System (FAHIS), and local and statewide criminal and
765 juvenile records checks through the Department of Law
766 Enforcement, on all household members 12 years of age or older.
767 In addition, the fingerprints of any household members and any
768 other persons made known to the department who are frequent
769 visitors in the home and who are 18 years of age or older must
770 be submitted to the Department of Law Enforcement for processing
771 and forwarding to the Federal Bureau of Investigation for state
772 and national criminal history information. Out-of-state criminal
773 records checks must be initiated for any individual designated
774 above who has resided in a state other than Florida if provided
775 that state’s laws allow the release of these records. The out
776 of-state criminal records must be filed with the court within 5
777 days after receipt by the department or its agent.
778 3. An assessment of the physical environment of the home.
779 4. A determination of the financial security of the
780 proposed legal custodians.
781 5. A determination of suitable child care arrangements if
782 the proposed legal custodians are employed outside of the home.
783 6. Documentation of counseling and information provided to
784 the proposed legal custodians regarding the dependency process
785 and possible outcomes.
786 7. Documentation that information regarding support
787 services available in the community has been provided to the
788 proposed legal custodians.
789
790 The department may shall not place the child or continue the
791 placement of the child in a home under shelter or
792 postdisposition placement if the results of the home study are
793 unfavorable, unless the court finds that the this placement is
794 in the child’s best interest.
795
796 Any other relevant and material evidence, including other
797 written or oral reports, may be received by the court in its
798 effort to determine the action to be taken with regard to the
799 child and may be relied upon to the extent of its probative
800 value, even though not competent in an adjudicatory hearing.
801 Except as otherwise specifically provided, nothing in this
802 section prohibits the publication of proceedings in a hearing.
803 Section 9. Paragraph (d) of subsection (2) and subsection
804 (4) of section 39.6011, Florida Statutes, are amended to read:
805 39.6011 Case plan development.—
806 (2) The case plan must be written simply and clearly in
807 English and, if English is not the principal language of the
808 child’s parent, to the extent possible in the parent’s principal
809 language. Each case plan must contain:
810 (d) The date the compliance period expires. The case plan
811 must be limited to as short a period as possible for
812 accomplishing its provisions. The plan’s compliance period
813 expires no later than 9 12 months after the date the child was
814 initially removed from the home, the child was adjudicated
815 dependent, or the date the case plan was accepted by the court,
816 whichever occurs first sooner.
817 (4) The case plan must describe:
818 (a) The role of the foster parents or legal custodians when
819 developing the services that are to be provided to the child,
820 foster parents, or legal custodians;
821 (b) The responsibility of the case manager to forward a
822 relative’s request to receive notification of all proceedings
823 and hearings submitted pursuant to s. 39.301(7)(i) 39.301(15)(b)
824 to the attorney for the department;
825 (c) The minimum number of face-to-face meetings to be held
826 each month between the parents and the department’s family
827 services counselors to review the progress of the plan, to
828 eliminate barriers to progress, and to resolve conflicts or
829 disagreements; and
830 (d) The parent’s responsibility for financial support of
831 the child, including, but not limited to, health insurance and
832 child support. The case plan must list the costs associated with
833 any services or treatment that the parent and child are expected
834 to receive which are the financial responsibility of the parent.
835 The determination of child support and other financial support
836 shall be made independently of a any determination of indigency
837 under s. 39.013.
838 Section 10. Subsection (1) of section 39.621, Florida
839 Statutes, is amended to read:
840 39.621 Permanency determination by the court.—
841 (1) Time is of the essence for permanency of children in
842 the dependency system. A permanency hearing must be held no
843 later than 9 12 months after the date the child was removed from
844 the home or within no later than 30 days after a court
845 determines that reasonable efforts to return a child to either
846 parent are not required, whichever occurs first. The purpose of
847 the permanency hearing is to determine when the child will
848 achieve the permanency goal or whether modifying the current
849 goal is in the best interest of the child. A permanency hearing
850 must be held at least every 9 12 months for any child who
851 continues to be supervised by receive supervision from the
852 department or awaits adoption.
853 Section 11. Paragraph (b) of subsection (3) and paragraph
854 (e) of subsection (10) of section 39.701, Florida Statutes, are
855 amended to read:
856 39.701 Judicial review.—
857 (3)
858 (b) If the citizen review panel recommends extending the
859 goal of reunification for any case plan beyond 9 12 months from
860 the date the child was removed from the home, the child was
861 adjudicated dependent, or the case plan was adopted, whichever
862 date came first, the court must schedule a judicial review
863 hearing to be conducted by the court within 30 days after
864 receiving the recommendation from the citizen review panel.
865 (10)
866 (e) Within No later than 6 months after the date that the
867 child was placed in shelter care, the court shall conduct a
868 judicial review hearing to review the child’s permanency goal as
869 identified in the case plan. At the hearing, the court shall
870 make findings regarding the likelihood of the child’s
871 reunification with the parent or legal custodian within 9 12
872 months after the removal of the child from the home. If, at this
873 hearing, the court makes a written finding that it is not likely
874 that the child will be reunified with the parent or legal
875 custodian within 9 12 months after the child was removed from
876 the home, the department must file with the court, and serve on
877 all parties, a motion to amend the case plan under s. 39.6013
878 and declare that it will use concurrent planning for the case
879 plan. The department must file the motion within no later than
880 10 business days after receiving the written finding of the
881 court. The department must attach the proposed amended case plan
882 to the motion. If concurrent planning is already being used, the
883 case plan must document the efforts the department is taking to
884 complete the concurrent goal.
885 Section 12. Subsection (1) of section 39.8055, Florida
886 Statutes, is amended to read:
887 39.8055 Requirement to file a petition to terminate
888 parental rights; exceptions.—
889 (1) The department shall file a petition to terminate
890 parental rights within 60 days after any of the following if:
891 (a) The At the time of the 12-month judicial review
892 hearing, a child is not returned to the physical custody of the
893 parents 9 months after the child was sheltered or adjudicated
894 dependent, whichever occurs first;
895 (b) A petition for termination of parental rights has not
896 otherwise been filed, and the child has been in out-of-home care
897 under the responsibility of the state for 12 of the most recent
898 22 months, calculated on a cumulative basis, but not including
899 any trial home visits or time during which the child was a
900 runaway;
901 (c) A parent has been convicted of the murder,
902 manslaughter, aiding or abetting the murder, or conspiracy or
903 solicitation to murder the other parent or another child of the
904 parent, or a felony battery that resulted in serious bodily
905 injury to the child or to another child of the parent; or
906 (d) A court determines that reasonable efforts to reunify
907 the child and parent are not required.
908 Section 13. Subsection (2) of section 39.806, Florida
909 Statutes, is amended to read:
910 39.806 Grounds for termination of parental rights.—
911 (2) Reasonable efforts to preserve and reunify families are
912 not required if a court of competent jurisdiction has determined
913 that any of the events described in paragraphs (1)(f)-(l)
914 (1)(e)-(l) have occurred.
915 Section 14. Section 39.823, Florida Statutes, is amended to
916 read:
917 39.823 Guardian advocates for drug dependent newborns.—The
918 Legislature finds that increasing numbers of drug dependent
919 children are born in this state. Because of the parents’
920 continued dependence upon drugs, the parents may temporarily
921 leave their child with a relative or other adult or may have
922 agreed to voluntary family services under s. 39.301(15). The
923 relative or other adult may be left with a child who is likely
924 to require medical treatment but for whom they are unable to
925 obtain medical treatment. The purpose of this section is to
926 provide an expeditious method for such relatives or other
927 responsible adults to obtain a court order that which allows
928 them to provide consent for medical treatment and otherwise
929 advocate for the needs of the child and to provide court review
930 of such authorization.
931 Section 15. Subsection (8) of section 901.15, Florida
932 Statutes, is amended to read:
933 901.15 When arrest by officer without warrant is lawful.—A
934 law enforcement officer may arrest a person without a warrant
935 when:
936 (8) There is probable cause to believe that the person has
937 violated an injunction entered pursuant to s. 39.504 to prevent
938 child abuse; committed child abuse, as defined in s. 827.03;, or
939 has violated s. 787.025, relating to luring or enticing a child
940 for unlawful purposes. The decision to arrest does not require
941 consent of the victim or consideration of the relationship of
942 the parties. It is the public policy of this state to protect
943 abused children by strongly encouraging the arrest and
944 prosecution of persons who commit child abuse. A law enforcement
945 officer who acts in good faith and exercises due care in making
946 an arrest under this subsection is immune from civil liability
947 that otherwise might result by reason of his or her action.
948 Section 16. Child protection response system evaluation.
949 The Office of Program Policy Analysis and Government
950 Accountability is directed to evaluate the effectiveness of the
951 child protective response system as established under this act,
952 including how the Department of Children and Family Services and
953 lead agencies conduct family centered practice and child
954 protective responses.
955 (1) The evaluation must include, but is not limited to, the
956 following information, which the department and community-based
957 care lead agencies must collect, maintain, and provide:
958 (a) The number of families receiving services.
959 (b) The number of children placed in emergency shelters,
960 foster care, group homes, or other facilities outside their
961 homes and families.
962 (c) The average cost of the services provided to families
963 receiving services.
964 (2) The evaluation shall also include an overall assessment
965 of the progress of the response system, including
966 recommendations for improvements and the effect of the family
967 centered practice response system in reducing the number of
968 children placed outside the home and reducing the number of
969 child protective investigations.
970 (3) The Office of Program Policy Analysis and Government
971 Accountability shall provide three status reports to the
972 appropriate substantive committees of the Senate and the House
973 of Representatives on the results of community-based care lead
974 agency practices in implementing the family centered practice
975 response system. The reports shall be submitted annually for 3
976 years beginning January 1, 2011.
977 Section 17. Child Welfare Professionals Taskforce.—The
978 Secretary of Children and Family Services shall establish the
979 Child Welfare Professionals Taskforce for the purpose of
980 reviewing and making recommendations relating to the education
981 and qualifications of staff employed by the department, the
982 sheriff’s offices contracting to provide child protective
983 responses, and the community-based care lead agencies and their
984 subcontractors.
985 (1) At a minimum, the scope of work for the taskforce
986 includes:
987 (a) An analysis of the total cost benefit of having child
988 welfare staff hold a bachelor of social work or master of social
989 work degree;
990 (b) An analysis of the risk reduction to children and
991 families by having all child welfare staff hold a bachelor of
992 social work or master of social work degree;
993 (c) An examination of ways to increase the amount of
994 federal Title IV-E child welfare program funding available to
995 the state;
996 (d) An examination of hiring practices in other states
997 which require all child welfare staff to hold social work
998 degrees, particularly those states that have privatized the
999 provision of child welfare services;
1000 (e) Incentives necessary to hire and retain employees who
1001 have a bachelor of social work or master of social work degree;
1002 and
1003 (f) Incentives to enable current staff to obtain a bachelor
1004 of social work or master of social work degree while continuing
1005 employment.
1006 (2) Members of the taskforce shall be appointed by the
1007 secretary. At a minimum, the membership must include
1008 representatives from the department’s headquarters and circuit
1009 offices, community-based care lead agencies, the sheriff’s
1010 offices contracted to provide child protective responses, state
1011 schools that are members of the Florida Association of Deans and
1012 Directors of Schools of Social Work, faculty members from those
1013 schools whose duties include working with Title IV-E child
1014 welfare program stipend students and teaching specialized child
1015 welfare courses, and at least one recent bachelor of social work
1016 or master of social work graduate from a Title IV-E project that
1017 received a scholarship and is now employed with the department
1018 or a community-based care lead agency.
1019 (3) The department shall provide administrative support to
1020 the advisory council to accomplish its assigned tasks. The
1021 advisory council shall have access to all appropriate data from
1022 the department, each community-based care lead agency, and other
1023 relevant agencies in order to accomplish the tasks set forth in
1024 this section. The data collected may not include any information
1025 that would identify a specific child or young adult.
1026 (4) The taskforce shall report annually by December 31 to
1027 the appropriate substantive committees of the Senate and the
1028 House of Representatives on the status of the council’s work.
1029 (5) The taskforce expires June 30, 2013.
1030 Section 18. Child Safety Assessment Workgroup.—The
1031 Secretary of Children and Family Services shall establish the
1032 Child Safety Assessment Workgroup for the purpose of developing
1033 a safety assessment process that will allow the department to
1034 fully implement a dual track response system. The workgroup
1035 shall rely on the experience of other states that have
1036 successfully implemented a similar response system as well as
1037 the expertise of child welfare professionals not employed by the
1038 department or a community-based care lead agency. The workgroup
1039 shall report its findings and recommendations for a restructured
1040 safety assessment process for child protective responses to the
1041 appropriate substantive committees of the Senate and House of
1042 Representatives by December 31, 2010.
1043 Section 19. This act shall take effect July 1, 2010.