Florida Senate - 2014 CS for SB 972 By the Committee on Children, Families, and Elder Affairs; and Senators Galvano and Bradley 586-02751-14 2014972c1 1 A bill to be entitled 2 An act relating to attorneys for dependent children 3 with disabilities; creating s. 39.01305, F.S.; 4 providing legislative findings and intent; requiring 5 appointment of an attorney to represent a dependent 6 child who meets one or more specified criteria; 7 requiring the appointment to be in writing; requiring 8 that the appointment continue in effect until the 9 attorney is allowed to withdraw or is discharged by 10 the court or until the case is dismissed; requiring 11 that an attorney not acting in a pro bono capacity be 12 adequately compensated for his or her services and 13 have access to funding for certain costs; providing 14 for financial oversight by the Justice Administrative 15 Commission; providing a limit on attorney fees; 16 providing applicability; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 39.01305, Florida Statutes, is created 21 to read: 22 39.01305 Appointment of an attorney for a dependent child 23 with disabilities.— 24 (1)(a) The Legislature finds that: 25 1. All children in proceedings under this chapter have 26 important interests at stake, such as health, safety, and well 27 being and the need to obtain permanency. 28 2. A dependent child who has a suspected or known 29 disability has a particular need for an attorney to represent 30 the dependent child in proceedings under this chapter, as well 31 as in fair hearings and appellate proceedings, so that the 32 attorney may address the child’s medical and related needs and 33 the services and supports necessary for the child to live 34 successfully in the community. 35 (b) The Legislature recognizes the existence of 36 organizations that provide attorney representation to children 37 in certain jurisdictions throughout the state. The Legislature 38 finds that some of these organizations have proven effective, 39 through independent rigorous evaluation, in producing 40 significantly improved outcomes for children and that many have 41 been embraced by their local jurisdictions. The Legislature, 42 therefore, does not intend that funding provided for 43 representation under this section supplant proven and existing 44 organizations representing children. Instead, the Legislature 45 intends that funding provided for representation under this 46 section be an additional resource for the representation of more 47 children in these jurisdictions, to the extent necessary to meet 48 the requirements of this chapter, with the cooperation of 49 existing local organizations or through the expansion of such 50 organizations. The Legislature encourages the expansion of pro 51 bono representation for children. This section is not intended 52 to limit the ability of a pro bono attorney to appear on behalf 53 of a child. 54 (2) An attorney shall be appointed for a dependent child 55 who has a disability and meets one or more of the following 56 criteria: 57 (a) A dependent child who resides in a skilled nursing 58 facility or is being considered for placement in a skilled 59 nursing home; 60 (b) A dependent child who is prescribed a psychotropic 61 medication but does not want to take the psychotropic 62 medication; 63 (c) A dependent child who has a suspected or known 64 diagnosis of developmental disability as defined in s. 393.063; 65 (d) A dependent child being placed in a residential 66 treatment center or being considered for placement in a 67 residential treatment center; or 68 (e) A dependent child who has been a victim of human 69 trafficking. 70 (3) A court order appointing an attorney under this section 71 must be in writing. The appointment continues in effect until 72 the attorney is allowed to withdraw or is discharged by the 73 court or until the case is dismissed. An attorney who is 74 appointed to represent the child shall provide the complete 75 range of legal services, from the removal from home or from the 76 initial appointment through all available appellate proceedings. 77 With the permission of the court, the attorney for the dependent 78 child may arrange for supplemental or separate counsel to handle 79 proceedings at an appellate hearing. 80 (4) Except if the attorney has agreed to provide pro bono 81 services, an appointed attorney must be adequately compensated 82 and provided with access to funding for expert witnesses, 83 depositions, and other costs of litigation. Payment to an 84 attorney is subject to appropriations and subject to review by 85 the Justice Administrative Commission for reasonableness. The 86 Justice Administrative Commission may contract with attorneys 87 selected by the guardian ad litem program. Attorney fees may not 88 exceed $3,000 per child per year. 89 (5) This section does not limit the authority of the court 90 to appoint an attorney for a dependent child in a proceeding 91 under this chapter. 92 (6) Implementation of this section is subject to 93 appropriations expressly made for that purpose. 94 Section 2. This act shall take effect July 1, 2014.