HB 773

1	A bill to be entitled
2	An act relating to termination of parental rights;
3	amending s. 39.401, F.S.; providing that only in cases
4	involving an immediate threat to the health or safety of
5	the child may a person take a child alleged to be
6	dependant into custody; providing additional exceptions;
7	amending s. 39.702, F.S.; requiring formation of citizen
8	review panels and deleting a requirement that a citizen
9	review panel be authorized through an administrative order
10	by the chief judge of the circuit; authorizing citizen
11	review panels to make recommendations in adjudicatory
12	hearings or trials under a specified provision; amending
13	s. 39.809, F.S.; providing for recommendations by citizen
14	review panels in hearings or trials on petitions for
15	termination of parental rights; limiting continuances;
16	providing an exception; providing that hearings or trials
17	involving termination of parental rights are open to the
18	public; providing an exception; requiring that reports and
19	recommended orders from citizen review panels accompany
20	the written orders in certain proceedings; providing an
21	effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Subsection (1) of section 39.401, Florida
26	Statutes, is amended to read:
27	39.401  Taking a child alleged to be dependent into
28	custody; law enforcement officers and authorized agents of the
29	department.-
30	(1)  Only in cases involving an immediate threat to the
31	health or safety of a child may a person, including a law
32	enforcement officer, a duly authorized person, or any other
33	officer of the court or of the state, take a child may only be
34	taken into custody unless the child is taken into custody:
35	(a)  Pursuant to the provisions of this part, based upon
36	sworn testimony, either before or after a petition is filed
37	resulting in a court order issued after a finding of probable
38	cause by the court authorizing taking a child into custody; or
39	(b)  By a law enforcement officer, or an authorized agent
40	of the department, if the officer or authorized agent has
41	probable cause resulting in a court order issued supporting to
42	support a finding:
43	1.  That the child has been abused, neglected, or
44	abandoned, or is suffering from or is in imminent danger of
45	illness or injury as a result of abuse, neglect, or abandonment;
46	2.  That the parent or legal custodian of the child has
47	materially violated a condition of placement imposed by the
48	court; or
49	3.  That the child has no parent, legal custodian, or
50	responsible adult relative immediately known and available to
51	provide supervision and care.
52	Section 2.  Subsection (1) of section 39.702, Florida
53	Statutes, is amended to read:
54	39.702  Citizen review panels.-
55	(1)  Citizen review panels shall may be established in each
56	judicial circuit and shall be authorized by an administrative
57	order executed by the chief judge of each circuit. The court
58	shall administer an oath of office to each citizen review panel
59	member which shall authorize the panel member to participate in
60	citizen review panels and make recommendations to the court
61	pursuant to the provisions of this section and s. 39.809.
62	Section 3.  Section 39.809, Florida Statutes, is amended to
63	read:
64	39.809  Adjudicatory hearing or trial.-
65	(1)  In a hearing or trial on a petition for termination of
66	parental rights, the court shall consider, assisted by a report
67	and a recommended order from the citizen review panel, the
68	elements required for termination. Each of these elements must
69	be established by clear and convincing evidence before the
70	petition is granted.
71	(2)  The adjudicatory hearing must be held within 120 45
72	days after the advisory hearing, but reasonable continuances for
73	the purpose of investigation, discovery, or procuring counsel or
74	witnesses may, when necessary, be granted. Continuances may not
75	extend beyond 1 year after the advisory hearing unless there are
76	compelling reasons or extraordinary circumstances,
77	notwithstanding s. 39.0136.
78	(3)  The adjudicatory hearing or trial must be conducted by
79	the judge without a jury, unless a demand for a jury is made by
80	either party, applying the rules of evidence in use in civil
81	cases and adjourning the case from time to time as necessary.
82	For purposes of the adjudicatory hearing or trial, to avoid
83	unnecessary duplication of expense, the judge may consider in-
84	court testimony previously given at any properly noticed
85	hearing, without regard to the availability or unavailability of
86	the witness at the time of the actual adjudicatory hearing or
87	trial, if the recorded testimony itself is made available to the
88	judge. Consideration of such testimony does not preclude the
89	witness being subpoenaed to answer supplemental questions.
90	(4)  All hearings or trials involving termination of
91	parental rights are open confidential and closed to the public,
92	except upon the written motion to the court by the parents or
93	guardian of the child or children who are the subject of the
94	hearing or trial that it be made confidential and closed.
95	Hearings or trials involving more than one child may be held
96	simultaneously when the children involved are related to each
97	other or were involved in the same case. The child and the
98	parents may be examined separately and apart from each other.
99	(5)  The judge shall enter a written order with the
100	findings of fact and conclusions of law. The report and
101	recommended order from the citizen review panel must accompany
102	the written order.
103	Section 4.  This act shall take effect July 1, 2011.

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