HB 803

1	A bill to be entitled
2	An act relating to child protection; amending s.
3	39.01, F.S.; revising the definition of "institutional
4	child abuse or neglect"; amending s. 39.013, F.S.;
5	specifying when jurisdiction attaches for a petition
6	for an injunction to prevent child abuse issued
7	pursuant to specified provisions; amending s. 39.0138,
8	F.S.; revising provisions relating to criminal history
9	records check on persons being considered for
10	placement of a child; requiring a records check
11	through the State Automated Child Welfare Information
12	System; providing for an out-of-state criminal history
13	records check of certain persons who have lived out of
14	state if such records may be obtained; amending s.
15	39.201, F.S.; providing procedures for calls from a
16	parent or legal custodian seeking assistance for
17	himself or herself which do not meet the criteria for
18	being a report of child abuse, abandonment, or
19	neglect, but show a potential future risk of harm to a
20	child and requiring a referral if a need for community
21	services exists; specifying that the central abuse
22	hotline is the first step in the safety assessment and
23	investigation process; amending s. 39.205, F.S.;
24	permitting discontinuance of an investigation of child
25	abuse, abandonment, or neglect during the course of
26	the investigation if it is determined that the report
27	was false; amending s. 39.301, F.S.; substituting
28	references to a standard electronic child welfare case
29	for a master file; revising requirements for such a
30	file; revising requirements for informing the subject
31	of an investigation; deleting provisions relating to a
32	preliminary determination as to whether an
33	investigation report is complete; revising
34	requirements for child protective investigation
35	activities to be performed to determine child safety;
36	specifying uses for certain criminal justice
37	information accesses by child protection
38	investigators; requiring documentation of the present
39	and impending dangers to each child through use of a
40	standardized safety assessment; revising provisions
41	relating to required protective, treatment, and
42	ameliorative services; revising requirements for the
43	Department of Children and Family Service's training
44	program for staff responsible for responding to
45	reports accepted by the central abuse hotline;
46	requiring the department's training program at the
47	regional and district levels to include results of
48	qualitative reviews of child protective investigation
49	cases handled within the region or district; revising
50	requirements for the department's quality assurance
51	program; amending s. 39.302, F.S.; requiring that a
52	protective investigation must include an interview
53	with the child's parent or legal guardian; amending s.
54	39.307, F.S.; requiring the department, contracted
55	sheriff's office providing protective investigation
56	services, or contracted case management personnel
57	responsible for providing services to adhere to
58	certain procedures relating to reports of child-on-
59	child sexual abuse; deleting a requirement that an
60	assessment of service and treatment needs to be
61	completed within a specified period; amending s.
62	39.504, F.S.; revising provisions relating to the
63	process for seeking a child protective injunction;
64	providing for temporary ex parte injunctions;
65	providing requirements for service on an alleged
66	offender; revising provisions relating to the contents
67	of an injunction; providing for certain relief;
68	providing requirements for notice of a hearing on a
69	motion to modify or dissolve an injunction; providing
70	that a person against whom an injunction is entered
71	does not automatically become a party to a subsequent
72	dependency action concerning the same child unless he
73	or she was a party to the action in which the
74	injunction was entered; amending s. 39.521, F.S.;
75	requiring a home study report if a child has been
76	removed from the home and will be remaining with a
77	parent; substituting references to the State Automated
78	Child Welfare Information System for the Florida Abuse
79	Hotline Information System applicable to records
80	checks; authorizing submission of fingerprints of
81	certain household members; authorizing requests for
82	national criminal history checks and fingerprinting of
83	any visitor to the home known to the department;
84	amending s. 39.6011, F.S.; providing additional
85	options for the court with respect to case plans;
86	providing for expiration of a child's case plan no
87	later than 12 months after the date the child was
88	adjudicated dependent; conforming a cross-reference to
89	changes made by the act; amending s. 39.621, F.S.;
90	revising terminology relating to permanency
91	determinations; amending s. 39.701, F.S.; providing
92	that a court must schedule a judicial review hearing
93	if the citizen review panel recommends extending the
94	goal of reunification for any case plan beyond 12
95	months from the date the child was adjudicated
96	dependent, unless specified other events occurred
97	earlier; conforming a cross-reference to changes made
98	by the act; amending s. 39.8055, F.S.; requiring the
99	department to file a petition to terminate parental
100	rights within a certain number of days after the
101	completion of a specified period after the child was
102	sheltered or adjudicated dependent, whichever occurs
103	first; amending s. 39.806, F.S.; increasing the number
104	of months of failure of the parent or parents to
105	substantially comply with a child's case plan in
106	certain circumstances that constitutes evidence of
107	continuing abuse, neglect, or abandonment and grounds
108	for termination of parental rights; revising a cross-
109	reference; amending ss. 39.502, 39.823, and 39.828,
110	F.S.; conforming cross-references to changes made by
111	the act; providing an effective date.
112
113	Be It Enacted by the Legislature of the State of Florida:
114
115	Section 1.  Subsection (33) of section 39.01, Florida
116	Statutes, is amended to read:
117	39.01  Definitions.-When used in this chapter, unless the
118	context otherwise requires:
119	(33)  "Institutional child abuse or neglect" means
120	situations of known or suspected child abuse or neglect in which
121	the person allegedly perpetrating the child abuse or neglect is
122	an employee of a private school, public or private day care
123	center, residential home, institution, facility, or agency or
124	any other person at such institution responsible for the child's
125	care as defined in subsection (47).
126	Section 2.  Subsection (2) of section 39.013, Florida
127	Statutes, is amended to read:
128	39.013  Procedures and jurisdiction; right to counsel.-
129	(2)  The circuit court has exclusive original jurisdiction
130	of all proceedings under this chapter, of a child voluntarily
131	placed with a licensed child-caring agency, a licensed child-
132	placing agency, or the department, and of the adoption of
133	children whose parental rights have been terminated under this
134	chapter. Jurisdiction attaches when the initial shelter
135	petition, dependency petition, or termination of parental rights
136	petition, or a petition for an injunction to prevent child abuse
137	issued pursuant to s. 39.504, is filed or when a child is taken
138	into the custody of the department. The circuit court may assume
139	jurisdiction over any such proceeding regardless of whether the
140	child was in the physical custody of both parents, was in the
141	sole legal or physical custody of only one parent, caregiver, or
142	some other person, or was not in the physical or legal custody
143	of any no person when the event or condition occurred that
144	brought the child to the attention of the court. When the court
145	obtains jurisdiction of any child who has been found to be
146	dependent, the court shall retain jurisdiction, unless
147	relinquished by its order, until the child reaches 18 years of
148	age. However, if a youth petitions the court at any time before
149	his or her 19th birthday requesting the court's continued
150	jurisdiction, the juvenile court may retain jurisdiction under
151	this chapter for a period not to exceed 1 year following the
152	youth's 18th birthday for the purpose of determining whether
153	appropriate aftercare support, Road-to-Independence Program,
154	transitional support, mental health, and developmental
155	disability services, to the extent otherwise authorized by law,
156	have been provided to the formerly dependent child who was in
157	the legal custody of the department immediately before his or
158	her 18th birthday. If a petition for special immigrant juvenile
159	status and an application for adjustment of status have been
160	filed on behalf of a foster child and the petition and
161	application have not been granted by the time the child reaches
162	18 years of age, the court may retain jurisdiction over the
163	dependency case solely for the purpose of allowing the continued
164	consideration of the petition and application by federal
165	authorities. Review hearings for the child shall be set solely
166	for the purpose of determining the status of the petition and
167	application. The court's jurisdiction terminates upon the final
168	decision of the federal authorities. Retention of jurisdiction
169	in this instance does not affect the services available to a
170	young adult under s. 409.1451. The court may not retain
171	jurisdiction of the case after the immigrant child's 22nd
172	birthday.
173	Section 3.  Subsection (1) of section 39.0138, Florida
174	Statutes, is amended to read:
175	39.0138  Criminal history and other records checks check;
176	limit on placement of a child.-
177	(1)  The department shall conduct a records check through
178	the State Automated Child Welfare Information System (SACWIS)
179	and a local and statewide criminal history records check on all
180	persons, including parents, being considered by the department
181	for placement of a child subject to a placement decision under
182	this chapter, including all nonrelative placement decisions, and
183	all members of the household, 12 years of age and older, of the
184	person being considered, and frequent visitors to the household.
185	For purposes of this section, a criminal history records check
186	may include, but is not limited to, submission of fingerprints
187	to the Department of Law Enforcement for processing and
188	forwarding to the Federal Bureau of Investigation for state and
189	national criminal history information, and local criminal
190	records checks through local law enforcement agencies of all
191	household members 18 years of age and older and other visitors
192	to the home. An out-of-state criminal history records check must
193	be initiated for any person 18 years of age or older who resided
194	in another state if that state allows the release of such
195	records. A criminal history records check must also include a
196	search of the department's automated abuse information system.
197	The department shall establish by rule standards for evaluating
198	any information contained in the automated system relating to a
199	person who must be screened for purposes of making a placement
200	decision.
201	Section 4.  Paragraph (a) of subsection (2) and subsection
202	(4) of section 39.201, Florida Statutes, are amended to read:
203	39.201  Mandatory reports of child abuse, abandonment, or
204	neglect; mandatory reports of death; central abuse hotline.-
205	(2)(a)  Each report of known or suspected child abuse,
206	abandonment, or neglect by a parent, legal custodian, caregiver,
207	or other person responsible for the child's welfare as defined
208	in this chapter, except those solely under s. 827.04(3), and
209	each report that a child is in need of supervision and care and
210	has no parent, legal custodian, or responsible adult relative
211	immediately known and available to provide supervision and care
212	shall be made immediately to the department's central abuse
213	hotline. Such reports may be made on the single statewide toll-
214	free telephone number or via fax or web-based report. Personnel
215	at the department's central abuse hotline shall determine if the
216	report received meets the statutory definition of child abuse,
217	abandonment, or neglect. Any report meeting one of these
218	definitions shall be accepted for the protective investigation
219	pursuant to part III of this chapter. Any call received from a
220	parent or legal custodian seeking assistance for himself or
221	herself which does not meet the criteria for being a report of
222	child abuse, abandonment, or neglect may be accepted by the
223	hotline for response to ameliorate a potential future risk of
224	harm to a child. If it is determined by a child welfare
225	professional that a need for community services exists, the
226	department shall refer the parent or legal custodian for
227	appropriate voluntary community services.
228	(4)  The department shall operate establish and maintain a
229	central abuse hotline to receive all reports made pursuant to
230	this section in writing, via fax, via web-based reporting, or
231	through a single statewide toll-free telephone number, which any
232	person may use to report known or suspected child abuse,
233	abandonment, or neglect at any hour of the day or night, any day
234	of the week. The central abuse hotline is the first step in the
235	safety assessment and investigation process. The central abuse
236	hotline shall be operated in such a manner as to enable the
237	department to:
238	(a)  Immediately identify and locate prior reports or cases
239	of child abuse, abandonment, or neglect through utilization of
240	the department's automated tracking system.
241	(b)  Monitor and evaluate the effectiveness of the
242	department's program for reporting and investigating suspected
243	abuse, abandonment, or neglect of children through the
244	development and analysis of statistical and other information.
245	(c)  Track critical steps in the investigative process to
246	ensure compliance with all requirements for any report of abuse,
247	abandonment, or neglect.
248	(d)  Maintain and produce aggregate statistical reports
249	monitoring patterns of child abuse, child abandonment, and child
250	neglect. The department shall collect and analyze child-on-child
251	sexual abuse reports and include the information in aggregate
252	statistical reports.
253	(e)  Serve as a resource for the evaluation, management,
254	and planning of preventive and remedial services for children
255	who have been subject to abuse, abandonment, or neglect.
256	(f)  Initiate and enter into agreements with other states
257	for the purpose of gathering and sharing information contained
258	in reports on child maltreatment to further enhance programs for
259	the protection of children.
260	Section 5.  Subsections (3) and (5) of section 39.205,
261	Florida Statutes, are amended to read:
262	39.205  Penalties relating to reporting of child abuse,
263	abandonment, or neglect.-
264	(3)  A person who knowingly and willfully makes public or
265	discloses any confidential information contained in the central
266	abuse hotline or in the records of any child abuse, abandonment,
267	or neglect case, except as provided in this chapter, commits is
268	guilty of a misdemeanor of the second degree, punishable as
269	provided in s. 775.082 or s. 775.083.
270	(5)  If the department or its authorized agent has
271	determined during the course of after its investigation that a
272	report is a false report, the department may discontinue all
273	investigative activities and shall, with the consent of the
274	alleged perpetrator, refer the report to the local law
275	enforcement agency having jurisdiction for an investigation to
276	determine whether sufficient evidence exists to refer the case
277	for prosecution for filing a false report as defined in s.
278	39.01. During the pendency of the investigation, the department
279	must notify the local law enforcement agency of, and the local
280	law enforcement agency must respond to, all subsequent reports
281	concerning children in that same family in accordance with s.
282	39.301. If the law enforcement agency believes that there are
283	indicators of abuse, abandonment, or neglect, it must
284	immediately notify the department, which must ensure the safety
285	of the children. If the law enforcement agency finds sufficient
286	evidence for prosecution for filing a false report, it must
287	refer the case to the appropriate state attorney for
288	prosecution.
289	Section 6.  Section 39.301, Florida Statutes, is amended to
290	read:
291	39.301  Initiation of protective investigations.-
292	(1)  Upon receiving a report of known or suspected child
293	abuse, abandonment, or neglect, or that a child is in need of
294	supervision and care and has no parent, legal custodian, or
295	responsible adult relative immediately known and available to
296	provide supervision and care, the central abuse hotline shall
297	determine if the report requires an immediate onsite protective
298	investigation. For reports requiring an immediate onsite
299	protective investigation, the central abuse hotline shall
300	immediately notify the department's designated district staff
301	responsible for protective investigations to ensure that an
302	onsite investigation is promptly initiated. For reports not
303	requiring an immediate onsite protective investigation, the
304	central abuse hotline shall notify the department's designated
305	district staff responsible for protective investigations in
306	sufficient time to allow for an investigation. At the time of
307	notification, the central abuse hotline shall also provide
308	information to district staff on any previous report concerning
309	a subject of the present report or any pertinent information
310	relative to the present report or any noted earlier reports.
311	(2)(a)  The department shall immediately forward
312	allegations of criminal conduct to the municipal or county law
313	enforcement agency of the municipality or county in which the
314	alleged conduct has occurred.
315	(b)  As used in this subsection, the term "criminal
316	conduct" means:
317	1.  A child is known or suspected to be the victim of child
318	abuse, as defined in s. 827.03, or of neglect of a child, as
319	defined in s. 827.03.
320	2.  A child is known or suspected to have died as a result
321	of abuse or neglect.
322	3.  A child is known or suspected to be the victim of
323	aggravated child abuse, as defined in s. 827.03.
324	4.  A child is known or suspected to be the victim of
325	sexual battery, as defined in s. 827.071, or of sexual abuse, as
326	defined in s. 39.01.
327	5.  A child is known or suspected to be the victim of
328	institutional child abuse or neglect, as defined in s. 39.01,
329	and as provided for in s. 39.302(1).
330	6.  A child is known or suspected to be a victim of human
331	trafficking, as provided in s. 787.06.
332	(c)  Upon receiving a written report of an allegation of
333	criminal conduct from the department, the law enforcement agency
334	shall review the information in the written report to determine
335	whether a criminal investigation is warranted. If the law
336	enforcement agency accepts the case for criminal investigation,
337	it shall coordinate its investigative activities with the
338	department, whenever feasible. If the law enforcement agency
339	does not accept the case for criminal investigation, the agency
340	shall notify the department in writing.
341	(d)  The local law enforcement agreement required in s.
342	39.306 shall describe the specific local protocols for
343	implementing this section.
344	(3)  The department shall maintain a single, standard
345	electronic child welfare case master file for each child whose
346	report is accepted by the central abuse hotline for
347	investigation. Such file must contain information concerning all
348	reports received by the abuse hotline concerning that child and
349	all services received by that child and family. The file must be
350	made available to any department staff, agent of the department,
351	or contract provider given responsibility for conducting a
352	protective investigation.
353	(4)  To the extent practical, all protective investigations
354	involving a child shall be conducted or the work supervised by a
355	single individual in order for there to be broad knowledge and
356	understanding of the child's history. When a new investigator is
357	assigned to investigate a second and subsequent report involving
358	a child, a multidisciplinary staffing shall be conducted which
359	includes new and prior investigators, their supervisors, and
360	appropriate private providers in order to ensure that, to the
361	extent possible, there is coordination among all parties. The
362	department shall establish an internal operating procedure that
363	ensures that all required investigatory activities, including a
364	review of the child's complete investigative and protective
365	services history, are completed by the investigator, reviewed by
366	the supervisor in a timely manner, and signed and dated by both
367	the investigator and the supervisor.
368	(5)(a)  Upon commencing an investigation under this part,
369	the child protective investigator shall inform any subject of
370	the investigation of the following:
371	1.  The names of the investigators and identifying
372	credentials from the department.
373	2.  The purpose of the investigation.
374	3.  The right to obtain his or her own attorney and ways
375	that the information provided by the subject may be used.
376	4.  The possible outcomes and services of the department's
377	response shall be explained to the parent or legal custodian.
378	5.  The right of the parent or legal custodian to be
379	engaged involved to the fullest extent possible in determining
380	the nature of the allegation and the nature of any identified
381	problem and the remedy.
382	6.  The duty of the parent or legal custodian to report any
383	change in the residence or location of the child to the
384	investigator and that the duty to report continues until the
385	investigation is closed.
386	(b)  The investigator shall department's training program
387	shall ensure that protective investigators know how to fully
388	inform parents or legal custodians of their rights and options,
389	including opportunities for audio or video recording of
390	investigators' interviews with parents or legal custodians or
391	children.
392	(6)  Upon commencing an investigation under this part, if a
393	report was received from a reporter under s. 39.201(1)(b), the
394	protective investigator must provide his or her contact
395	information to the reporter within 24 hours after being assigned
396	to the investigation. The investigator must also advise the
397	reporter that he or she may provide a written summary of the
398	report made to the central abuse hotline to the investigator
399	which shall become a part of the electronic child welfare case
400	master file.
401	(7)  An assessment of safety risk and the perceived needs
402	for the child and family shall be conducted in a manner that is
403	sensitive to the social, economic, and cultural environment of
404	the family. This assessment must include a face-to-face
405	interview with the child, other siblings, parents, and other
406	adults in the household and an onsite assessment of the child's
407	residence.
408	(8)  Protective investigations shall be performed by the
409	department or its agent.
410	(9)  The person responsible for the investigation shall
411	make a preliminary determination as to whether the report is
412	complete, consulting with the attorney for the department when
413	necessary. In any case in which the person responsible for the
414	investigation finds that the report is incomplete, he or she
415	shall return it without delay to the person or agency
416	originating the report or having knowledge of the facts, or to
417	the appropriate law enforcement agency having investigative
418	jurisdiction, and request additional information in order to
419	complete the report; however, the confidentiality of any report
420	filed in accordance with this chapter shall not be violated.
421	(a)  If it is determined that the report is complete, but
422	the interests of the child and the public will be best served by
423	providing the child care or other treatment voluntarily accepted
424	by the child and the parents or legal custodians, the protective
425	investigator may refer the parent or legal custodian and child
426	for such care or other treatment.
427	(b)  If it is determined that the child is in need of the
428	protection and supervision of the court, the department shall
429	file a petition for dependency. A petition for dependency shall
430	be filed in all cases classified by the department as high-risk.
431	Factors that the department may consider in determining whether
432	a case is high-risk include, but are not limited to, the young
433	age of the parents or legal custodians; the use of illegal
434	drugs; the arrest of the parents or legal custodians on charges
435	of manufacturing, processing, disposing of, or storing, either
436	temporarily or permanently, any substances in violation of
437	chapter 893; or domestic violence.
438	(c)  If a petition for dependency is not being filed by the
439	department, the person or agency originating the report shall be
440	advised of the right to file a petition pursuant to this part.
441	(9)(10)(a)  For each report received from the central abuse
442	hotline and accepted for investigation that meets one or more of
443	the following criteria, the department or the sheriff providing
444	child protective investigative services under s. 39.3065, shall
445	perform the following an onsite child protective investigation
446	activities to determine child safety:
447	1.  Conduct a review of all relevant, available information
448	specific to the child and family and alleged maltreatment;
449	family child welfare history; local, state, and federal criminal
450	records checks; and requests for law enforcement assistance
451	provided by the abuse hotline. Based on a review of available
452	information, including the allegations in the current report, a
453	determination shall be made as to whether immediate consultation
454	should occur with law enforcement, the child protection team, a
455	domestic violence shelter or advocate, or a substance abuse or
456	mental health professional. Such consultations should include
457	discussion as to whether a joint response is necessary and
458	feasible. A determination shall be made as to whether the person
459	making the report should be contacted before the face-to-face
460	interviews with the child and family members A report for which
461	there is obvious compelling evidence that no maltreatment
462	occurred and there are no prior reports containing some
463	indicators or verified findings of abuse or neglect with respect
464	to any subject of the report or other individuals in the home. A
465	prior report in which an adult in the home was a victim of abuse
466	or neglect before becoming an adult does not exclude a report
467	otherwise meeting the criteria of this subparagraph from the
468	onsite child protective investigation provided for in this
469	subparagraph. The process for an onsite child protective
470	investigation stipulated in this subsection may not be conducted
471	if an allegation meeting the criteria of this subparagraph
472	involves physical abuse, sexual abuse, domestic violence,
473	substance abuse or substance exposure, medical neglect, a child
474	younger than 3 years of age, or a child who is disabled or lacks
475	communication skills.
476	2.  Conduct A report concerning an incident of abuse which
477	is alleged to have occurred 2 or more years prior to the date of
478	the report and there are no other indicators of risk to any
479	child in the home.
480	(b)  The onsite child protective investigation to be
481	performed shall include a face-to-face interviews interview with
482	the child; other siblings, if any; and the parents, legal
483	custodians, or caregivers.; and other adults in the household
484	and an onsite assessment of the child's residence in order to:
485	3.1.  Assess the child's residence, including a
486	determination of Determine the composition of the family and or
487	household, including the name, address, date of birth, social
488	security number, sex, and race of each child named in the
489	report; any siblings or other children in the same household or
490	in the care of the same adults; the parents, legal custodians,
491	or caregivers; and any other adults in the same household.
492	4.2.  Determine whether there is any indication that any
493	child in the family or household has been abused, abandoned, or
494	neglected; the nature and extent of present or prior injuries,
495	abuse, or neglect, and any evidence thereof; and a determination
496	as to the person or persons apparently responsible for the
497	abuse, abandonment, or neglect, including the name, address,
498	date of birth, social security number, sex, and race of each
499	such person.
500	5.3.  Complete assessment of immediate child safety for
501	Determine the immediate and long-term risk to each child based
502	on available records, interviews, and observations with all
503	persons named in paragraph (10)(a) and appropriate collateral
504	contacts, which may include other professionals by conducting
505	state and federal records checks, including, when feasible, the
506	records of the Department of Corrections, on the parents, legal
507	custodians, or caregivers, and any other persons in the same
508	household. This information shall be used solely for purposes
509	supporting the detection, apprehension, prosecution, pretrial
510	release, posttrial release, or rehabilitation of criminal
511	offenders or persons accused of the crimes of child abuse,
512	abandonment, or neglect and shall not be further disseminated or
513	used for any other purpose. The department's child protection
514	investigators are hereby designated a criminal justice agency
515	for the purpose of accessing criminal justice information to be
516	used for enforcing this state's laws concerning the crimes of
517	child abuse, abandonment, and neglect. This information shall be
518	used solely for purposes supporting the detection, apprehension,
519	prosecution, pretrial release, posttrial release, or
520	rehabilitation of criminal offenders or persons accused of the
521	crimes of child abuse, abandonment, or neglect and may not be
522	further disseminated or used for any other purpose.
523	6.4.  Document the present and impending dangers Determine
524	the immediate and long-term risk to each child based on the
525	identification of inadequate protective capacity through
526	utilization of a standardized safety risk assessment instrument
527	instruments.
528	(b)  Upon completion of the immediate safety assessment,
529	the department shall determine the additional activities
530	necessary to assess impending dangers, if any, and close the
531	investigation.
532	5.  Based on the information obtained from available
533	sources, complete the risk assessment instrument within 48 hours
534	after the initial contact and, if needed, develop a case plan.
535	(c)6.  For each report received from the central abuse
536	hotline, the department or the sheriff providing child
537	protective investigative services under s. 39.3065, shall
538	determine the protective, treatment, and ameliorative services
539	necessary to safeguard and ensure the child's safety and well-
540	being and development, and cause the delivery of those services
541	through the early intervention of the department or its agent.
542	As applicable, The training provided to staff members who
543	conduct child protective investigators investigations must
544	inform parents and caregivers include instruction on how and
545	when to use the injunction process under s. 39.504 or s. 741.30
546	to remove a perpetrator of domestic violence from the home as an
547	intervention to protect the child.
548	1.  If the department or the sheriff providing child
549	protective investigative services determines that the interests
550	of the child and the public will be best served by providing the
551	child care or other treatment voluntarily accepted by the child
552	and the parents or legal custodians, the parent or legal
553	custodian and child may be referred for such care, case
554	management, or other community resources.
555	2.  If the department or the sheriff providing child
556	protective investigative services determines that the child is
557	in need of protection and supervision, the department may file a
558	petition for dependency.
559	3.  If a petition for dependency is not being filed by the
560	department, the person or agency originating the report shall be
561	advised of the right to file a petition pursuant to this part.
562	(c)  The determination that a report requires an
563	investigation as provided in this subsection and does not
564	require an enhanced onsite child protective investigation
565	pursuant to subsection (11) must be approved in writing by the
566	supervisor with documentation specifying why additional
567	investigative activities are not necessary.
568	(d)  A report that meets the criteria specified in this
569	subsection is not precluded from further investigative
570	activities. At any time it is determined that additional
571	investigative activities are necessary for the safety of the
572	child, such activities shall be conducted.
573	(10)(11)(a)  The department's training program for staff
574	responsible for responding to reports accepted by the central
575	abuse hotline must also ensure that child protective responders:
576	1.  Know how to fully inform parents or legal custodians of
577	their rights and options, including opportunities for audio or
578	video recording of child protective responder interviews with
579	parents or legal custodians or children.
580	2.  Know how and when to use the injunction process under
581	s. 39.504 or s. 741.30 to remove a perpetrator of domestic
582	violence from the home as an intervention to protect the child.
583	(b)  To enhance the skills of individual staff members and
584	to improve the region's and district's overall child protection
585	system, the department's training program at the regional and
586	district levels must include results of qualitative reviews of
587	child protective investigation cases handled within the region
588	or district in order to identify weaknesses as well as examples
589	of effective interventions which occurred at each point in the
590	case. For each report that meets one or more of the following
591	criteria, the department shall perform an enhanced onsite child
592	protective investigation:
593	1.  Any allegation that involves physical abuse, sexual
594	abuse, domestic violence, substance abuse or substance exposure,
595	medical neglect, a child younger than 3 years of age, or a child
596	who is disabled or lacks communication skills.
597	2.  Any report that involves an individual who has been the
598	subject of a prior report containing some indicators or verified
599	findings of abuse, neglect, or abandonment.
600	3.  Any report that does not contain compelling evidence
601	that the maltreatment did not occur.
602	4.  Any report that does not meet the criteria for an
603	onsite child protective investigation as set forth in subsection
604	(10).
605	(b)  The enhanced onsite child protective investigation
606	shall include, but is not limited to:
607	1.  A face-to-face interview with the child, other
608	siblings, parents or legal custodians or caregivers, and other
609	adults in the household;
610	2.  Collateral contacts;
611	3.  Contact with the reporter as required by rule;
612	4.  An onsite assessment of the child's residence in
613	accordance with paragraph (10)(b); and
614	5.  An updated assessment.
615	(c)  For all reports received, detailed documentation is
616	required for the investigative activities.
617	(11)(12)  The department shall incorporate into its quality
618	assurance program the monitoring of the determination of reports
619	that receive a an onsite child protective investigation to
620	determine the quality and timeliness of safety assessments,
621	engagements with families, teamwork with other experts and
622	professionals, and appropriate investigative activities that are
623	uniquely tailored to the safety factors associated with each
624	child and family and those that receive an enhanced onsite child
625	protective investigation.
626	(12)(13)  If the department or its agent is denied
627	reasonable access to a child by the parents, legal custodians,
628	or caregivers and the department deems that the best interests
629	of the child so require, it shall seek an appropriate court
630	order or other legal authority before prior to examining and
631	interviewing the child.
632	(13)(14)  Onsite visits and face-to-face interviews with
633	the child or family shall be unannounced unless it is determined
634	by the department or its agent or contract provider that such
635	unannounced visit would threaten the safety of the child.
636	(14)(15)(a)  If the department or its agent determines that
637	a child requires immediate or long-term protection through:
638	1.  Medical or other health care; or
639	2.  Homemaker care, day care, protective supervision, or
640	other services to stabilize the home environment, including
641	intensive family preservation services through the Intensive
642	Crisis Counseling Program,
643
644	such services shall first be offered for voluntary acceptance
645	unless there are high-risk factors that may impact the ability
646	of the parents or legal custodians to exercise judgment. Such
647	factors may include the parents' or legal custodians' young age
648	or history of substance abuse or domestic violence.
649	(b)  The parents or legal custodians shall be informed of
650	the right to refuse services, as well as the responsibility of
651	the department to protect the child regardless of the acceptance
652	or refusal of services. If the services are refused, a
653	collateral contact required under subparagraph (10)(b)2.
654	(11)(b)2. shall include a relative, if the protective
655	investigator has knowledge of and the ability to contact a
656	relative. If the services are refused and the department deems
657	that the child's need for protection so requires, the department
658	shall take the child into protective custody or petition the
659	court as provided in this chapter. At any time after the
660	commencement of a protective investigation, a relative may
661	submit in writing to the protective investigator or case manager
662	a request to receive notification of all proceedings and
663	hearings in accordance with s. 39.502. The request shall include
664	the relative's name, address, and phone number and the
665	relative's relationship to the child. The protective
666	investigator or case manager shall forward such request to the
667	attorney for the department. The failure to provide notice to
668	either a relative who requests it pursuant to this subsection or
669	to a relative who is providing out-of-home care for a child may
670	shall not result in any previous action of the court at any
671	stage or proceeding in dependency or termination of parental
672	rights under any part of this chapter being set aside, reversed,
673	modified, or in any way changed absent a finding by the court
674	that a change is required in the child's best interests.
675	(c)  The department, in consultation with the judiciary,
676	shall adopt by rule criteria that are factors requiring that the
677	department take the child into custody, petition the court as
678	provided in this chapter, or, if the child is not taken into
679	custody or a petition is not filed with the court, conduct an
680	administrative review. If after an administrative review the
681	department determines not to take the child into custody or
682	petition the court, the department shall document the reason for
683	its decision in writing and include it in the investigative
684	file. For all cases that were accepted by the local law
685	enforcement agency for criminal investigation pursuant to
686	subsection (2), the department must include in the file written
687	documentation that the administrative review included input from
688	law enforcement. In addition, for all cases that must be
689	referred to child protection teams pursuant to s. 39.303(2) and
690	(3), the file must include written documentation that the
691	administrative review included the results of the team's
692	evaluation. Factors that must be included in the development of
693	the rule include noncompliance with the case plan developed by
694	the department, or its agent, and the family under this chapter
695	and prior abuse reports with findings that involve the child or
696	caregiver.
697	(15)(16)  When a child is taken into custody pursuant to
698	this section, the authorized agent of the department shall
699	request that the child's parent, caregiver, or legal custodian
700	disclose the names, relationships, and addresses of all parents
701	and prospective parents and all next of kin, so far as are
702	known.
703	(16)(17)  The department shall complete its protective
704	investigation within 60 days after receiving the initial report,
705	unless:
706	(a)  There is also an active, concurrent criminal
707	investigation that is continuing beyond the 60-day period and
708	the closure of the protective investigation may compromise
709	successful criminal prosecution of the child abuse or neglect
710	case, in which case the closure date shall coincide with the
711	closure date of the criminal investigation and any resulting
712	legal action.
713	(b)  In child death cases, the final report of the medical
714	examiner is necessary for the department to close its
715	investigation and the report has not been received within the
716	60-day period, in which case the report closure date shall be
717	extended to accommodate the report.
718	(c)  A child who is necessary to an investigation has been
719	declared missing by the department, a law enforcement agency, or
720	a court, in which case the 60-day period shall be extended until
721	the child has been located or until sufficient information
722	exists to close the investigation despite the unknown location
723	of the child.
724	(17)(18)  Immediately upon learning during the course of an
725	investigation that:
726	(a)  The immediate safety or well-being of a child is
727	endangered;
728	(b)  The family is likely to flee;
729	(c)  A child died as a result of abuse, abandonment, or
730	neglect;
731	(d)  A child is a victim of aggravated child abuse as
732	defined in s. 827.03; or
733	(e)  A child is a victim of sexual battery or of sexual
734	abuse,
735
736	the department shall orally notify the jurisdictionally
737	responsible state attorney, and county sheriff's office or local
738	police department, and, within 3 working days, transmit a full
739	written report to those agencies. The law enforcement agency
740	shall review the report and determine whether a criminal
741	investigation needs to be conducted and shall assume lead
742	responsibility for all criminal fact-finding activities. A
743	criminal investigation shall be coordinated, whenever possible,
744	with the child protective investigation of the department. Any
745	interested person who has information regarding an offense
746	described in this subsection may forward a statement to the
747	state attorney as to whether prosecution is warranted and
748	appropriate.
749	(18)(19)  In a child protective investigation or a criminal
750	investigation, when the initial interview with the child is
751	conducted at school, the department or the law enforcement
752	agency may allow, notwithstanding the provisions of s.
753	39.0132(4), a school staff member who is known by the child to
754	be present during the initial interview if:
755	(a)  The department or law enforcement agency believes that
756	the school staff member could enhance the success of the
757	interview by his or her presence; and
758	(b)  The child requests or consents to the presence of the
759	school staff member at the interview.
760
761	School staff may be present only when authorized by this
762	subsection. Information received during the interview or from
763	any other source regarding the alleged abuse or neglect of the
764	child is shall be confidential and exempt from the provisions of
765	s. 119.07(1), except as otherwise provided by court order. A
766	separate record of the investigation of the abuse, abandonment,
767	or neglect may shall not be maintained by the school or school
768	staff member. Violation of this subsection is constitutes a
769	misdemeanor of the second degree, punishable as provided in s.
770	775.082 or s. 775.083.
771	(19)(20)  When a law enforcement agency conducts a criminal
772	investigation into allegations of child abuse, neglect, or
773	abandonment, photographs documenting the abuse or neglect shall
774	will be taken when appropriate.
775	(20)(21)  Within 15 days after the case is reported to him
776	or her pursuant to this chapter, the state attorney shall report
777	his or her findings to the department and shall include in such
778	report a determination of whether or not prosecution is
779	justified and appropriate in view of the circumstances of the
780	specific case.
781	(22)  In order to enhance the skills of individual staff
782	and to improve the district's overall child protection system,
783	the department's training program at the district level must
784	include periodic reviews of cases handled within the district in
785	order to identify weaknesses as well as examples of effective
786	interventions that occurred at each point in the case.
787	(21)(23)  When an investigation is closed and a person is
788	not identified as a caregiver responsible for the abuse,
789	neglect, or abandonment alleged in the report, the fact that the
790	person is named in some capacity in the report may not be used
791	in any way to adversely affect the interests of that person.
792	This prohibition applies to any use of the information in
793	employment screening, licensing, child placement, adoption, or
794	any other decisions by a private adoption agency or a state
795	agency or its contracted providers, except that a previous
796	report may be used to determine whether a child is safe and what
797	the known risk is to the child at any stage of a child
798	protection proceeding.
799	(22)(24)  If, after having been notified of the requirement
800	to report a change in residence or location of the child to the
801	protective investigator, a parent or legal custodian causes the
802	child to move, or allows the child to be moved, to a different
803	residence or location, or if the child leaves the residence on
804	his or her own accord and the parent or legal custodian does not
805	notify the protective investigator of the move within 2 business
806	days, the child may be considered to be a missing child for the
807	purposes of filing a report with a law enforcement agency under
808	s. 937.021.
809	Section 7.  Subsection (1) of section 39.302, Florida
810	Statutes, is amended to read:
811	39.302  Protective investigations of institutional child
812	abuse, abandonment, or neglect.-
813	(1)  The department shall conduct a child protective
814	investigation of each report of institutional child abuse,
815	abandonment, or neglect. Upon receipt of a report that alleges
816	that an employee or agent of the department, or any other entity
817	or person covered by s. 39.01(33) or (47), acting in an official
818	capacity, has committed an act of child abuse, abandonment, or
819	neglect, the department shall initiate a child protective
820	investigation within the timeframe established under s.
821	39.201(5) and orally notify the appropriate state attorney, law
822	enforcement agency, and licensing agency, which shall
823	immediately conduct a joint investigation, unless independent
824	investigations are more feasible. When conducting investigations
825	onsite or having face-to-face interviews with the child,
826	investigation visits shall be unannounced unless it is
827	determined by the department or its agent that unannounced
828	visits threaten the safety of the child. If a facility is exempt
829	from licensing, the department shall inform the owner or
830	operator of the facility of the report. Each agency conducting a
831	joint investigation is entitled to full access to the
832	information gathered by the department in the course of the
833	investigation. A protective investigation must include an
834	interview with the child's parent or legal guardian an onsite
835	visit of the child's place of residence. The department shall
836	make a full written report to the state attorney within 3
837	working days after making the oral report. A criminal
838	investigation shall be coordinated, whenever possible, with the
839	child protective investigation of the department. Any interested
840	person who has information regarding the offenses described in
841	this subsection may forward a statement to the state attorney as
842	to whether prosecution is warranted and appropriate. Within 15
843	days after the completion of the investigation, the state
844	attorney shall report the findings to the department and shall
845	include in the report a determination of whether or not
846	prosecution is justified and appropriate in view of the
847	circumstances of the specific case.
848	Section 8.  Subsection (2) of section 39.307, Florida
849	Statutes, is amended to read:
850	39.307  Reports of child-on-child sexual abuse.-
851	(2)  The department, contracted sheriff's office providing
852	protective investigation services, or contracted case management
853	personnel responsible for providing services District staff, at
854	a minimum, shall adhere to the following procedures:
855	(a)  The purpose of the response to a report alleging
856	juvenile sexual abuse behavior shall be explained to the
857	caregiver.
858	1.  The purpose of the response shall be explained in a
859	manner consistent with legislative purpose and intent provided
860	in this chapter.
861	2.  The name and office telephone number of the person
862	responding shall be provided to the caregiver of the alleged
863	juvenile sexual offender or child who has exhibited
864	inappropriate sexual behavior and the victim's caregiver.
865	3.  The possible consequences of the department's response,
866	including outcomes and services, shall be explained to the
867	caregiver of the alleged juvenile sexual offender or child who
868	has exhibited inappropriate sexual behavior and the victim's
869	caregiver.
870	(b)  The caregiver of the alleged juvenile sexual offender
871	or child who has exhibited inappropriate sexual behavior and the
872	victim's caregiver shall be involved to the fullest extent
873	possible in determining the nature of the sexual behavior
874	concerns allegation and the nature of any problem or risk to
875	other children.
876	(c)  The assessment of risk and the perceived treatment
877	needs of the alleged juvenile sexual offender or child who has
878	exhibited inappropriate sexual behavior, the victim, and
879	respective caregivers shall be conducted by the district staff,
880	the child protection team of the Department of Health, and other
881	providers under contract with the department to provide services
882	to the caregiver of the alleged offender, the victim, and the
883	victim's caregiver.
884	(d)  The assessment shall be conducted in a manner that is
885	sensitive to the social, economic, and cultural environment of
886	the family.
887	(e)  If necessary, the child protection team of the
888	Department of Health shall conduct a physical examination of the
889	victim, which is sufficient to meet forensic requirements.
890	(f)  Based on the information obtained from the alleged
891	juvenile sexual offender or child who has exhibited
892	inappropriate sexual behavior, his or her caregiver, the victim,
893	and the victim's caregiver, an assessment of service and
894	treatment needs report must be completed within 7 days and, if
895	needed, a case plan developed within 30 days.
896	(g)  The department shall classify the outcome of the
897	report as follows:
898	1.  Report closed. Services were not offered because the
899	department determined that there was no basis for intervention.
900	2.  Services accepted by alleged juvenile sexual offender.
901	Services were offered to the alleged juvenile sexual offender or
902	child who has exhibited inappropriate sexual behavior and
903	accepted by the caregiver.
904	3.  Report closed. Services were offered to the alleged
905	juvenile sexual offender or child who has exhibited
906	inappropriate sexual behavior, but were rejected by the
907	caregiver.
908	4.  Notification to law enforcement. The risk to the
909	victim's safety and well-being cannot be reduced by the
910	provision of services or the caregiver rejected services, and
911	notification of the alleged delinquent act or violation of law
912	to the appropriate law enforcement agency was initiated.
913	5.  Services accepted by victim. Services were offered to
914	the victim and accepted by the caregiver.
915	6.  Report closed. Services were offered to the victim but
916	were rejected by the caregiver.
917	Section 9.  Section 39.504, Florida Statutes, is amended to
918	read:
919	39.504  Injunction pending disposition of petition;
920	penalty.-
921	(1)  At any time after a protective investigation has been
922	initiated pursuant to part III of this chapter, the court, upon
923	the request of the department, a law enforcement officer, the
924	state attorney, or other responsible person, or upon its own
925	motion, may, if there is reasonable cause, issue an injunction
926	to prevent any act of child abuse. Reasonable cause for the
927	issuance of an injunction exists if there is evidence of child
928	abuse or if there is a reasonable likelihood of such abuse
929	occurring based upon a recent overt act or failure to act.
930	(2)  The petitioner seeking the injunction shall file a
931	verified petition, or a petition along with an affidavit,
932	setting forth the specific actions by the alleged offender from
933	which the child must be protected and all remedies sought. Upon
934	filing the petition, the court shall set a hearing to be held at
935	the earliest possible time. Pending the hearing, the court may
936	issue a temporary ex parte injunction, with verified pleadings
937	or affidavits as evidence. The temporary ex parte injunction
938	pending a hearing is effective for up to 15 days and the hearing
939	must be held within that period unless continued for good cause
940	shown, which may include obtaining service of process, in which
941	case the temporary ex parte injunction shall be extended for the
942	continuance period. The hearing may be held sooner if the
943	alleged offender has received reasonable notice Notice shall be
944	provided to the parties as set forth in the Florida Rules of
945	Juvenile Procedure, unless the child is reported to be in
946	imminent danger, in which case the court may issue an injunction
947	immediately. A judge may issue an emergency injunction pursuant
948	to this section without notice if the court is closed for the
949	transaction of judicial business. If an immediate injunction is
950	issued, the court must hold a hearing on the next day of
951	judicial business to dissolve the injunction or to continue or
952	modify it in accordance with this section.
953	(3)  Before the hearing, the alleged offender must be
954	personally served with a copy of the petition, all other
955	pleadings related to the petition, a notice of hearing, and, if
956	one has been entered, the temporary injunction. Following the
957	hearing, the court may enter a final injunction. The court may
958	grant a continuance of the hearing at any time for good cause
959	shown by any party. If a temporary injunction has been entered,
960	it shall be continued during the continuance.
961	(4)(3)  If an injunction is issued under this section, the
962	primary purpose of the injunction must be to protect and promote
963	the best interests of the child, taking the preservation of the
964	child's immediate family into consideration.
965	(a)  The injunction applies shall apply to the alleged or
966	actual offender in a case of child abuse or acts of domestic
967	violence. The conditions of the injunction shall be determined
968	by the court, which conditions may include ordering the alleged
969	or actual offender to:
970	1.  Refrain from further abuse or acts of domestic
971	violence.
972	2.  Participate in a specialized treatment program.
973	3.  Limit contact or communication with the child victim,
974	other children in the home, or any other child.
975	4.  Refrain from contacting the child at home, school,
976	work, or wherever the child may be found.
977	5.  Have limited or supervised visitation with the child.
978	6.  Pay temporary support for the child or other family
979	members; the costs of medical, psychiatric, and psychological
980	treatment for the child incurred as a result of the offenses;
981	and similar costs for other family members.
982	6.7.  Vacate the home in which the child resides.
983	(b)  Upon proper pleading, the court may award the
984	following relief in a temporary ex parte or final injunction If
985	the intent of the injunction is to protect the child from
986	domestic violence, the conditions may also include:
987	1.  Awarding the Exclusive use and possession of the
988	dwelling to the caregiver or exclusion of excluding the alleged
989	or actual offender from the residence of the caregiver.
990	2.  Awarding temporary custody of the child to the
991	caregiver.
992	2.3.  Establishing Temporary support for the child or other
993	family members.
994	3.  The costs of medical, psychiatric, and psychological
995	treatment for the child incurred due to the abuse, and similar
996	costs for other family members.
997
998	This paragraph does not preclude an the adult victim of domestic
999	violence from seeking protection for himself or herself under s.
1000	741.30.
1001	(c)  The terms of the final injunction shall remain in
1002	effect until modified or dissolved by the court. The petitioner,
1003	respondent, or caregiver may move at any time to modify or
1004	dissolve the injunction. Notice of hearing on the motion to
1005	modify or dissolve the injunction must be provided to all
1006	parties, including the department. The injunction is valid and
1007	enforceable in all counties in the state.
1008	(5)(4)  Service of process on the respondent shall be
1009	carried out pursuant to s. 741.30. The department shall deliver
1010	a copy of any injunction issued pursuant to this section to the
1011	protected party or to a parent, caregiver, or individual acting
1012	in the place of a parent who is not the respondent. Law
1013	enforcement officers may exercise their arrest powers as
1014	provided in s. 901.15(6) to enforce the terms of the injunction.
1015	(6)(5)  Any person who fails to comply with an injunction
1016	issued pursuant to this section commits a misdemeanor of the
1017	first degree, punishable as provided in s. 775.082 or s.
1018	775.083.
1019	(7)  The person against whom an injunction is entered under
1020	this section does not automatically become a party to a
1021	subsequent dependency action concerning the same child unless he
1022	or she was a party to the action in which the injunction was
1023	entered.
1024	Section 10.  Paragraph (r) of subsection (2) of section
1025	39.521, Florida Statutes, is amended to read:
1026	39.521  Disposition hearings; powers of disposition.-
1027	(2)  The predisposition study must provide the court with
1028	the following documented information:
1029	(r)  If the child has been removed from the home and will
1030	be remaining with a relative, parent, or other adult approved by
1031	the court, a home study report concerning the proposed placement
1032	shall be included in the predisposition report. Before Prior to
1033	recommending to the court any out-of-home placement for a child
1034	other than placement in a licensed shelter or foster home, the
1035	department shall conduct a study of the home of the proposed
1036	legal custodians, which must include, at a minimum:
1037	1.  An interview with the proposed legal custodians to
1038	assess their ongoing commitment and ability to care for the
1039	child.
1040	2.  Records checks through the State Automated Child
1041	Welfare Information System (SACWIS) Florida Abuse Hotline
1042	Information System (FAHIS), and local and statewide criminal and
1043	juvenile records checks through the Department of Law
1044	Enforcement, on all household members 12 years of age or older.
1045	In addition, the fingerprints of any household members who are
1046	18 years of age or older may be submitted to the Department of
1047	Law Enforcement for processing and forwarding to the Federal
1048	Bureau of Investigation for state and national criminal history
1049	information. The department has the discretion to request State
1050	Automated Child Welfare Information System (SACWIS) and local,
1051	statewide, and national criminal history checks and
1052	fingerprinting of any other visitor to the home who is made
1053	known to the department and any other persons made known to the
1054	department who are frequent visitors in the home. Out-of-state
1055	criminal records checks must be initiated for any individual
1056	designated above who has resided in a state other than Florida
1057	if provided that state's laws allow the release of these
1058	records. The out-of-state criminal records must be filed with
1059	the court within 5 days after receipt by the department or its
1060	agent.
1061	3.  An assessment of the physical environment of the home.
1062	4.  A determination of the financial security of the
1063	proposed legal custodians.
1064	5.  A determination of suitable child care arrangements if
1065	the proposed legal custodians are employed outside of the home.
1066	6.  Documentation of counseling and information provided to
1067	the proposed legal custodians regarding the dependency process
1068	and possible outcomes.
1069	7.  Documentation that information regarding support
1070	services available in the community has been provided to the
1071	proposed legal custodians.
1072
1073	The department may shall not place the child or continue the
1074	placement of the child in a home under shelter or
1075	postdisposition placement if the results of the home study are
1076	unfavorable, unless the court finds that this placement is in
1077	the child's best interest.
1078
1079	Any other relevant and material evidence, including other
1080	written or oral reports, may be received by the court in its
1081	effort to determine the action to be taken with regard to the
1082	child and may be relied upon to the extent of its probative
1083	value, even though not competent in an adjudicatory hearing.
1084	Except as otherwise specifically provided, nothing in this
1085	section prohibits the publication of proceedings in a hearing.
1086	Section 11.  Subsection (2) and paragraph (b) of subsection
1087	(4) of section 39.6011, Florida Statutes, are amended to read:
1088	39.6011  Case plan development.-
1089	(2)  The case plan must be written simply and clearly in
1090	English and, if English is not the principal language of the
1091	child's parent, to the extent possible in the parent's principal
1092	language. Each case plan must contain:
1093	(a)  A description of the identified problem being
1094	addressed, including the parent's behavior or acts resulting in
1095	risk to the child and the reason for the intervention by the
1096	department.
1097	(b)  The permanency goal.
1098	(c)  If concurrent planning is being used, a description of
1099	the permanency goal of reunification with the parent or legal
1100	custodian in addition to a description of one of the remaining
1101	permanency goals described in s. 39.01.
1102	1.  If a child has not been removed from a parent, but is
1103	found to be dependent, even if adjudication of dependency is
1104	withheld, the court may leave the child in the current placement
1105	with maintaining and strengthening the placement as a permanency
1106	option.
1107	2.  If a child has been removed from a parent and is placed
1108	with a parent from whom the child was not removed, the court may
1109	leave the child in the placement with the parent from whom the
1110	child was not removed with maintaining and strengthening the
1111	placement as a permanency option.
1112	3.  If a child has been removed from a parent and is
1113	subsequently reunified with that parent, the court may leave the
1114	child with that parent with maintaining and strengthening the
1115	placement as a permanency option.
1116	(d)  The date the compliance period expires. The case plan
1117	must be limited to as short a period as possible for
1118	accomplishing its provisions. The plan's compliance period
1119	expires no later than 12 months after the date the child was
1120	initially removed from the home, the child was adjudicated
1121	dependent, or the date the case plan was accepted by the court,
1122	whichever occurs first sooner.
1123	(e)  A written notice to the parent that failure of the
1124	parent to substantially comply with the case plan may result in
1125	the termination of parental rights, and that a material breach
1126	of the case plan may result in the filing of a petition for
1127	termination of parental rights sooner than the compliance period
1128	set forth in the case plan.
1129	(4)  The case plan must describe:
1130	(b)  The responsibility of the case manager to forward a
1131	relative's request to receive notification of all proceedings
1132	and hearings submitted pursuant to s. 39.301(14)(b)
1133	39.301(15)(b) to the attorney for the department;
1134	Section 12.  Subsection (1) of section 39.621, Florida
1135	Statutes, is amended to read:
1136	39.621  Permanency determination by the court.-
1137	(1)  Time is of the essence for permanency of children in
1138	the dependency system. A permanency hearing must be held no
1139	later than 12 months after the date the child was removed from
1140	the home or within no later than 30 days after a court
1141	determines that reasonable efforts to return a child to either
1142	parent are not required, whichever occurs first. The purpose of
1143	the permanency hearing is to determine when the child will
1144	achieve the permanency goal or whether modifying the current
1145	goal is in the best interest of the child. A permanency hearing
1146	must be held at least every 12 months for any child who
1147	continues to be supervised by receive supervision from the
1148	department or awaits adoption.
1149	Section 13.  Paragraph (b) of subsection (3), subsection
1150	(6), and paragraph (e) of subsection (10) of section 39.701,
1151	Florida Statutes, are amended to read:
1152	39.701  Judicial review.-
1153	(3)
1154	(b)  If the citizen review panel recommends extending the
1155	goal of reunification for any case plan beyond 12 months from
1156	the date the child was removed from the home, or the case plan
1157	was adopted, or the child was adjudicated dependent, whichever
1158	date came first, the court must schedule a judicial review
1159	hearing to be conducted by the court within 30 days after
1160	receiving the recommendation from the citizen review panel.
1161	(6)  The attorney for the department shall notify a
1162	relative who submits a request for notification of all
1163	proceedings and hearings pursuant to s. 39.301(14)(b)
1164	39.301(15)(b). The notice shall include the date, time, and
1165	location of the next judicial review hearing.
1166	(10)
1167	(e)  Within No later than 6 months after the date that the
1168	child was placed in shelter care, the court shall conduct a
1169	judicial review hearing to review the child's permanency goal as
1170	identified in the case plan. At the hearing the court shall make
1171	findings regarding the likelihood of the child's reunification
1172	with the parent or legal custodian within 12 months after the
1173	removal of the child from the home. If, at this hearing, the
1174	court makes a written finding that it is not likely that the
1175	child will be reunified with the parent or legal custodian
1176	within 12 months after the child was removed from the home, the
1177	department must file with the court, and serve on all parties, a
1178	motion to amend the case plan under s. 39.6013 and declare that
1179	it will use concurrent planning for the case plan. The
1180	department must file the motion within no later than 10 business
1181	days after receiving the written finding of the court. The
1182	department must attach the proposed amended case plan to the
1183	motion. If concurrent planning is already being used, the case
1184	plan must document the efforts the department is taking to
1185	complete the concurrent goal.
1186	Section 14.  Paragraph (a) of subsection (1) of section
1187	39.8055, Florida Statutes, is amended to read:
1188	39.8055  Requirement to file a petition to terminate
1189	parental rights; exceptions.-
1190	(1)  The department shall file a petition to terminate
1191	parental rights within 60 days after any of the following if:
1192	(a)  The At the time of the 12-month judicial review
1193	hearing, a child is not returned to the physical custody of the
1194	parents 12 months after the child was sheltered or adjudicated
1195	dependent, whichever occurs first;
1196	Section 15.  Paragraphs (e) and (k) of subsection (1) and
1197	subsection (2) of section 39.806, Florida Statutes, are amended
1198	to read:
1199	39.806  Grounds for termination of parental rights.-
1200	(1)  Grounds for the termination of parental rights may be
1201	established under any of the following circumstances:
1202	(e)  When a child has been adjudicated dependent, a case
1203	plan has been filed with the court, and:
1204	1.  The child continues to be abused, neglected, or
1205	abandoned by the parent or parents. The failure of the parent or
1206	parents to substantially comply with the case plan for a period
1207	of 12 9 months after an adjudication of the child as a dependent
1208	child or the child's placement into shelter care, whichever
1209	occurs first, constitutes evidence of continuing abuse, neglect,
1210	or abandonment unless the failure to substantially comply with
1211	the case plan was due to the parent's lack of financial
1212	resources or to the failure of the department to make reasonable
1213	efforts to reunify the parent and child. The 12-month 9-month
1214	period begins to run only after the child's placement into
1215	shelter care or the entry of a disposition order placing the
1216	custody of the child with the department or a person other than
1217	the parent and the court's approval of a case plan having the
1218	goal of reunification with the parent, whichever occurs first;
1219	or
1220	2.  The parent or parents have materially breached the case
1221	plan. Time is of the essence for permanency of children in the
1222	dependency system. In order to prove the parent or parents have
1223	materially breached the case plan, the court must find by clear
1224	and convincing evidence that the parent or parents are unlikely
1225	or unable to substantially comply with the case plan before time
1226	to comply with the case plan expires.
1227	(k)  A test administered at birth that indicated that the
1228	child's blood, urine, or meconium contained any amount of
1229	alcohol or a controlled substance or metabolites of such
1230	substances, the presence of which was not the result of medical
1231	treatment administered to the mother or the newborn infant, and
1232	the biological mother of the child is the biological mother of
1233	at least one other child who was adjudicated dependent after a
1234	finding of harm to the child's health or welfare due to exposure
1235	to a controlled substance or alcohol as defined in s.
1236	39.01(32)(g), after which the biological mother had the
1237	opportunity to participate in substance abuse treatment.
1238	(2)  Reasonable efforts to preserve and reunify families
1239	are not required if a court of competent jurisdiction has
1240	determined that any of the events described in paragraphs
1241	(1)(b)-(d) or (f)-(l) (1)(e)-(l) have occurred.
1242	Section 16.  Subsections (1) and (19) of section 39.502,
1243	Florida Statutes, are amended to read:
1244	39.502  Notice, process, and service.-
1245	(1)  Unless parental rights have been terminated, all
1246	parents must be notified of all proceedings or hearings
1247	involving the child. Notice in cases involving shelter hearings
1248	and hearings resulting from medical emergencies must be that
1249	most likely to result in actual notice to the parents. In all
1250	other dependency proceedings, notice must be provided in
1251	accordance with subsections (4)-(9), except when a relative
1252	requests notification pursuant to s. 39.301(14)(b)
1253	39.301(15)(b), in which case notice shall be provided pursuant
1254	to subsection (19).
1255	(19)  In all proceedings and hearings under this chapter,
1256	the attorney for the department shall notify, orally or in
1257	writing, a relative requesting notification pursuant to s.
1258	39.301(14)(b) 39.301(15)(b) of the date, time, and location of
1259	such proceedings and hearings, and notify the relative that he
1260	or she has the right to attend all subsequent proceedings and
1261	hearings, to submit reports to the court, and to speak to the
1262	court regarding the child, if the relative so desires. The court
1263	has the discretion to release the attorney for the department
1264	from notifying a relative who requested notification pursuant to
1265	s. 39.301(14)(b) 39.301(15)(b) if the relative's involvement is
1266	determined to be impeding the dependency process or detrimental
1267	to the child's well-being.
1268	Section 17.  Section 39.823, Florida Statutes, is amended
1269	to read:
1270	39.823  Guardian advocates for drug dependent newborns.-The
1271	Legislature finds that increasing numbers of drug dependent
1272	children are born in this state. Because of the parents'
1273	continued dependence upon drugs, the parents may temporarily
1274	leave their child with a relative or other adult or may have
1275	agreed to voluntary family services under s. 39.301(14)
1276	39.301(15). The relative or other adult may be left with a child
1277	who is likely to require medical treatment but for whom they are
1278	unable to obtain medical treatment. The purpose of this section
1279	is to provide an expeditious method for such relatives or other
1280	responsible adults to obtain a court order which allows them to
1281	provide consent for medical treatment and otherwise advocate for
1282	the needs of the child and to provide court review of such
1283	authorization.
1284	Section 18.  Paragraph (a) of subsection (1) of section
1285	39.828, Florida Statutes, is amended to read:
1286	39.828  Grounds for appointment of a guardian advocate.-
1287	(1)  The court shall appoint the person named in the
1288	petition as a guardian advocate with all the powers and duties
1289	specified in s. 39.829 for an initial term of 1 year upon a
1290	finding that:
1291	(a)  The child named in the petition is or was a drug
1292	dependent newborn as described in s. 39.01(32)(g);
1293	Section 19.  This act shall take effect July 1, 2012.

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