Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 972
Ì715646=Î715646
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/18/2014 .
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(Grimsley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 39.01305, Florida Statutes, is created
6 to read:
7 39.01305 Appointment of an attorney for a dependent child
8 with disabilities.—
9 (1)(a) The Legislature finds that:
10 1. All children in proceedings under this chapter have
11 important interests at stake, such as health, safety, and well
12 being and the need to obtain permanency.
13 2. A dependent child who has a suspected or known
14 disability has a particular need for an attorney to represent
15 the dependent child in proceedings under this chapter, as well
16 as in fair hearings and appellate proceedings, so that the
17 attorney may address the child’s medical and related needs and
18 the services and supports necessary for the child to live
19 successfully in the community.
20 (b) The Legislature recognizes the existence of
21 organizations that provide attorney representation to children
22 in certain jurisdictions throughout the state. The Legislature
23 finds that some of these organizations have proven effective,
24 through independent rigorous evaluation, in producing
25 significantly improved outcomes for children and that many have
26 been embraced by their local jurisdictions. The Legislature,
27 therefore, does not intend that funding provided for
28 representation under this section supplant proven and existing
29 organizations representing children. Instead, the Legislature
30 intends that funding provided for representation under this
31 section be an additional resource for the representation of more
32 children in these jurisdictions, to the extent necessary to meet
33 the requirements of this chapter, with the cooperation of
34 existing local organizations or through the expansion of such
35 organizations. The Legislature encourages the expansion of pro
36 bono representation for children. This section is not intended
37 to limit the ability of a pro bono attorney to appear on behalf
38 of a child.
39 (2) An attorney shall be appointed for a dependent child
40 who has a disability and meets one or more of the following
41 criteria:
42 (a) A dependent child who resides in a skilled nursing
43 facility or is being considered for placement in a skilled
44 nursing home;
45 (b) A dependent child who is prescribed a psychotropic
46 medication but does not want to take the psychotropic
47 medication;
48 (c) A dependent child who has a suspected or known
49 diagnosis of developmental disability as defined in s. 393.063;
50 (d) A dependent child being placed in a residential
51 treatment center or being considered for placement in a
52 residential treatment center; or
53 (e) A dependent child who has been a victim of human
54 trafficking.
55 (3) A court order appointing an attorney under this section
56 must be in writing. The appointment continues in effect until
57 the attorney is allowed to withdraw or is discharged by the
58 court or until the case is dismissed. An attorney who is
59 appointed to represent the child shall provide the complete
60 range of legal services, from the removal from home or from the
61 initial appointment through all available appellate proceedings.
62 With the permission of the court, the attorney for the dependent
63 child may arrange for supplemental or separate counsel to handle
64 proceedings at an appellate hearing.
65 (4) Except if the attorney has agreed to provide pro bono
66 services, an appointed attorney must be adequately compensated
67 and provided with access to funding for expert witnesses,
68 depositions, and other costs of litigation. Payment to an
69 attorney is subject to appropriations and subject to review by
70 the Justice Administrative Commission for reasonableness. The
71 Justice Administrative Commission may contract with attorneys
72 selected by the guardian ad litem program. Attorney fees may not
73 exceed $3,000 per child per year.
74 (5) This section does not limit the authority of the court
75 to appoint an attorney for a dependent child in a proceeding
76 under this chapter.
77 (6) Implementation of this section is subject to
78 appropriations expressly made for that purpose.
79 Section 2. This act shall take effect July 1, 2014.
80
81 ================= T I T L E A M E N D M E N T ================
82 And the title is amended as follows:
83 Delete everything before the enacting clause
84 and insert:
85 A bill to be entitled
86 An act relating to attorneys for dependent children
87 with disabilities; creating s. 39.01305, F.S.;
88 providing legislative findings and intent; requiring
89 appointment of an attorney to represent a dependent
90 child who meets one or more specified criteria;
91 requiring the appointment to be in writing; requiring
92 that the appointment continue in effect until the
93 attorney is allowed to withdraw or is discharged by
94 the court or until the case is dismissed; requiring
95 that an attorney not acting in a pro bono capacity be
96 adequately compensated for his or her services and
97 have access to funding for certain costs; providing
98 for financial oversight by the Justice Administrative
99 Commission; providing a limit on attorney fees;
100 providing applicability; providing an effective date.