Florida Senate - 2013                             CS for SB 1468
       
       
       
       By the Committee on Judiciary; and Senator Lee
       
       
       
       
       590-02605-13                                          20131468c1
    1                        A bill to be entitled                      
    2         An act relating to the appointment of an attorney for
    3         a dependent child with disabilities; creating s.
    4         39.01305, F.S.; defining terms; providing legislative
    5         findings and intent; requiring an attorney to be
    6         appointed in writing; requiring that the appointment
    7         continues in effect until the attorney is permitted to
    8         withdraw or is discharged by the court or until the
    9         case is terminated; requiring that the attorney be
   10         adequately compensated for his or her service;
   11         providing a limitation; providing for a conditional
   12         implementation; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 39.01305, Florida Statutes, is created
   17  to read:
   18         39.01305 Appointment of an attorney for a dependent child
   19  with disabilities.—
   20         (1) As used in this section, the term “dependent child with
   21  a disability” means a medically dependent or technologically
   22  dependent child who because of a medical condition requires
   23  continuous therapeutic interventions or skilled nursing
   24  supervision and resides in a skilled nursing facility or is
   25  being considered for placement in a skilled nursing facility.
   26         (2)(a) The Legislature finds that all children in chapter
   27  39 proceedings have important interests at stake, such as
   28  health, safety, and well-being and the need to obtain
   29  permanency.
   30         (b) The Legislature also finds that dependent children with
   31  disabilities as defined in this section have a particular need
   32  for an attorney to represent them in such proceedings, as well
   33  as in fair hearings and appellate proceedings, so that the
   34  attorney can address the medical and related needs and the
   35  services and supports necessary for these children to live
   36  successfully in the community.
   37         (c) It is the intent of the Legislature that an attorney be
   38  appointed by the court to represent each dependent child who has
   39  a disability and who has been placed in a skilled nursing
   40  facility, or is being considered for placement in a skilled
   41  nursing facility, solely because that facility can provide
   42  medical care as determined by a Children’s Multi-Disciplinary
   43  Assessment Team staffing.
   44         (3) An order appointing an attorney for a dependent child
   45  who has a disability must be in writing.
   46         (4) The appointment of an attorney for the dependent child
   47  continues in effect until the attorney is permitted to withdraw
   48  or is discharged by the court or until the case is dismissed. An
   49  attorney who is appointed to represent the child shall provide
   50  the complete range of legal services from removal from the home
   51  or initial appointment through all available appellate
   52  proceedings. With the permission of the court, the attorney for
   53  the dependent child may arrange for supplemental or separate
   54  counsel to handle proceedings at an appellate hearing.
   55         (5) The attorney must be adequately compensated and
   56  provided with access to funding for expert witnesses,
   57  depositions, and other costs of litigation.
   58         (6) This section does not negate the authority of the court
   59  to appoint an attorney for a dependent child in a proceeding
   60  under this chapter.
   61         (7) Implementation of this section is subject to
   62  appropriations expressly provided for this purpose.
   63         Section 2. This act shall take effect July 1, 2013.