Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. CS for SB 496 Ì461482,Î461482 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/12/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Simmons) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 80 - 192 4 and insert: 5 pursuant to the requirements of chapter 744 that there is a good 6 faith basis to believe that the child qualifies for appointment 7 of a guardian advocate, limited guardian, or plenary guardian 8 and that no less restrictive decisionmaking assistance will meet 9 the child’s needs: 10 a. The department shall complete a multidisciplinary report 11 which must include, but is not limited to, a psychosocial 12 evaluation and educational report if such a report has not been 13 completed within the previous 2 years. 14 b. The department shall identify one or more individuals 15 who are willing to serve as the guardian advocate pursuant to s. 16 393.12 or as the plenary or limited guardian pursuant to chapter 17 744. Any other interested parties or participants may make 18 efforts to identify such a guardian advocate, limited guardian, 19 or plenary guardian. A child’s biological or adoptive family 20 member, including the child’s parent if the parent’s rights have 21 not been terminated, may not be considered for service as the 22 plenary or limited guardian unless the court enters a written 23 order finding that such an appointment is in the child’s best 24 interests. 25 c. Proceedings may be initiated within 6 months after the 26 child’s 17th birthday for the appointment of a guardian 27 advocate, plenary guardian, or limited guardian for the child in 28 a separate proceeding in the division of the court with proper 29 jurisdiction over guardianship matters and pursuant to chapter 30 744. The Legislature encourages the use of pro bono 31 representation to initiate proceedings under this section. 32 3. In the event another interested party or participant 33 initiates proceedings for the appointment of a guardian 34 advocate, plenary guardian, or limited guardian for the child, 35 the department shall provide all necessary documentation and 36 information to the petitioner to complete a petition under 37 chapter 393 or chapter 744 within 45 days after the first 38 judicial review hearing after the child’s 17th birthday. 39 4. Any proceedings seeking appointment of a guardian 40 advocate or a determination of incapacity and the appointment of 41 a guardian must be conducted in a separate proceeding in the 42 division of the court with jurisdiction over guardianship 43 matters and pursuant to chapter 744. 44 (c) If the court finds at the judicial review hearing that 45 the department has not met its obligations to the child as 46 stated in this part, in the written case plan, or in the 47 provision of independent living services, the court may issue an 48 order directing the department to show cause as to why it has 49 not done so. If the department cannot justify its noncompliance, 50 the court may give the department 30 days within which to 51 comply. If the department fails to comply within 30 days, the 52 court may hold the department in contempt. 53 Section 1. Paragraph (c) is added to subsection (2) of 54 section 393.12, Florida Statutes, to read: 55 393.12 Capacity; appointment of guardian advocate.— 56 (2) APPOINTMENT OF A GUARDIAN ADVOCATE.— 57 (c) If a petition is filed pursuant to this section 58 requesting appointment of a guardian advocate for a minor who is 59 the subject of any proceeding under chapter 39, the division of 60 the court with jurisdiction over guardianship matters has 61 jurisdiction over the proceedings pursuant to this section when 62 the minor reaches the age of 17 years and 6 months or anytime 63 thereafter. The minor shall be provided all the due process 64 rights conferred upon an alleged developmentally disabled adult 65 pursuant to this chapter. The order of appointment of a guardian 66 advocate under this section shall issue upon the minor’s 18th 67 birthday or as soon thereafter as possible. Any proceeding 68 pursuant to this paragraph shall be conducted separately from 69 any other proceeding. 70 Section 2. Subsection (1) of section 744.301, Florida 71 Statutes, is amended to read: 72 744.301 Natural guardians.— 73 (1) The parents jointly are the natural guardians of their 74 own children and of their adopted children, during minority, 75 unless the parents’ parental rights have been terminated 76 pursuant to chapter 39. If a child is the subject of any 77 proceeding under chapter 39, the parents may act as natural 78 guardians under this section unless the dependency or probate 79 court finds that it is not in the child’s best interests. If one 80 parent dies, the surviving parent remains the sole natural 81 guardian even if he or she remarries. If the marriage between 82 the parents is dissolved, the natural guardianship belongs to 83 the parent to whom sole parental responsibility has been 84 granted, or if the parents have been granted shared parental 85 responsibility, both continue as natural guardians. If the 86 marriage is dissolved and neither parent is given parental 87 responsibility for the child, neither may act as natural 88 guardian of the child. The mother of a child born out of wedlock 89 is the natural guardian of the child and is entitled to primary 90 residential care and custody of the child unless the court 91 enters an order stating otherwise. 92 Section 3. Subsection (1) of section 744.3021, Florida 93 Statutes, is amended, and subsection (4) is added to that 94 section, to read: 95 744.3021 Guardians of minors.— 96 (1) Except as provided in subsection (4), upon petition of 97 a parent, brother, sister, next of kin, or other person 98 interested in the welfare of a minor, a guardian for a minor may 99 be appointed by the court without the necessity of adjudication 100 pursuant to s. 744.331. A guardian appointed for a minor, 101 whether of the person or property, has the authority of a 102 plenary guardian. 103 (4) If a petition is filed pursuant to this section 104 requesting appointment of a guardian for a minor who is the 105 subject of any proceeding under chapter 39 and who is aged 17 106 years and 6 months or older, the division of the court with 107 jurisdiction over guardianship matters has jurisdiction over the 108 proceedings under s. 744.331. The alleged incapacitated minor 109 under this subsection shall be provided all the due process 110 rights conferred upon an alleged incapacitated adult pursuant to 111 this chapter and applicable court rules. The order of 112 adjudication under s. 744.331 and the letters of limited or 113 plenary guardianship may issue upon the minor’s 18th birthday or 114 as soon thereafter as possible. Any proceeding pursuant to this 115 subsection shall be conducted separately from any other 116 proceeding. 117 ================= T I T L E A M E N D M E N T ================ 118 And the title is amended as follows: 119 Delete lines 20 - 38 120 and insert: 121 proceeding in guardianship court; amending s. 393.12, 122 F.S.; providing that the guardianship court has 123 jurisdiction over proceedings for appointment of a 124 guardian advocate if petitions are filed for certain 125 minors who are subject to ch. 39, F.S., proceedings if 126 such minors have attained a specified age; providing 127 that such minor has the same due process rights as 128 certain adults; providing requirements for when an 129 order appointing a guardian advocate must be issued; 130 providing that proceedings seeking appointment of a 131 guardian advocate for certain minors be conducted in 132 separate proceedings; amending s. 744.301, F.S.; 133 providing that if a child is subject to proceedings 134 under ch. 39, F.S., the parents may act as natural 135 guardians unless the dependency or probate court finds 136 that it is not in the child’s best interests or their 137 parental rights have been terminated; amending s. 138 744.3021, F.S.; requiring the guardianship court to 139 initiate proceedings for appointment of guardians for 140 certain minors who are subject to ch. 39, F.S., 141 proceedings if petitions are filed and if such minors 142 have reached a specified age; providing that such 143 minor has the same due process rights as certain 144 adults; providing requirements for when an order of 145 adjudication and letters of limited or plenary 146 guardianship must be issued; providing that 147 proceedings seeking appointment of a guardian advocate 148 for certain minors be conducted in separate 149 proceedings; providing an