Florida Senate - 2017                                    SB 1044
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-00590B-17                                          20171044__
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.01,
    3         F.S.; defining the term “legal father” and redefining
    4         the term “parent”; amending s. 39.201, F.S.; providing
    5         that central abuse hotline information may be used for
    6         employment screening of residential group home
    7         caregivers; amending s. 39.301, F.S.; requiring a
    8         safety plan to be issued for a perpetrator of domestic
    9         violence only if the perpetrator can be located;
   10         specifying what constitutes reasonable efforts;
   11         requiring that a child new to a family under
   12         investigation be added to the investigation and
   13         assessed for safety; amending s. 39.302, F.S.;
   14         conforming a cross-reference; providing that central
   15         abuse hotline information may be used for certain
   16         employment screenings; amending s. 39.402, F.S.;
   17         requiring a court to inquire as to the identity and
   18         location of a child’s legal father at the shelter
   19         hearing; specifying what types of information fall
   20         within the scope of such inquiry; amending s. 39.503,
   21         F.S.; requiring a court to conduct under oath the
   22         inquiry to determine the identity or location of an
   23         unknown parent; requiring a court to seek additional
   24         information relating to a legal father’s identity in
   25         such inquiry; requiring the diligent search to
   26         determine a parent’s or prospective parent’s location
   27         to include a search of the Florida Putative Father
   28         Registry; authorizing the court to order scientific
   29         testing to determine parentage if certain conditions
   30         exist; amending s. 39.504, F.S.; requiring the same
   31         judge to hear a pending dependency proceeding and an
   32         injunction proceeding; providing that the court may
   33         enter an injunction based on specified evidence;
   34         amending s. 39.507, F.S.; requiring a court to
   35         consider maltreatment allegations against a parent in
   36         an evidentiary hearing relating to a dependency
   37         petition; amending s. 39.5085, F.S.; revising
   38         eligibility guidelines for the Relative Caregiver
   39         Program with respect to relative and nonrelative
   40         caregivers; amending s. 39.521, F.S.; providing new
   41         time guidelines for filing with the court and
   42         providing copies of case plans and family functioning
   43         assessments; providing for assessment and program
   44         compliance for a parent who caused harm to a child by
   45         exposing the child to a controlled substance;
   46         providing in-home safety plan requirements; providing
   47         requirements for family functioning assessments;
   48         providing supervision requirements after
   49         reunification; amending s. 39.522, F.S.; providing
   50         conditions for returning a child home with an in-home
   51         safety plan; amending s. 39.523, F.S.; providing
   52         legislative intent; requiring children placed in out
   53         of-home care to be assessed to determine the most
   54         appropriate placement; requiring the placement
   55         assessments to be documented in the Florida Safe
   56         Families Network; requiring a court to review and
   57         approve placements; requiring the Department of
   58         Children and Families to report annually to the
   59         Governor and the Legislature on the number of children
   60         placed with relatives and the number placed in out-of
   61         home care; amending s. 39.6011, F.S.; providing
   62         requirements for confidential information in a case
   63         planning conference; providing restrictions; amending
   64         s. 39.6012, F.S.; providing for assessment and program
   65         compliance for a parent who caused harm to a child by
   66         exposing the child to a controlled substance; amending
   67         s. 39.6221, F.S.; providing that relocation
   68         requirements for parents in dissolution proceedings do
   69         not apply to permanent guardianships; amending s.
   70         39.701, F.S.; providing safety assessment requirements
   71         for children coming into a home under court
   72         jurisdiction; granting rulemaking authority; amending
   73         s. 39.801, F.S.; providing an exception to the notice
   74         requirement regarding the advisory hearing for a
   75         petition to terminate parental rights; amending s.
   76         39.803, F.S.; requiring a court to conduct under oath
   77         the inquiry to determine the identity or location of
   78         an unknown parent after the filing of a termination of
   79         parental rights petition; requiring a court to seek
   80         additional information relating to a legal father’s
   81         identity in such inquiry; revising minimum
   82         requirements for the diligent search to determine the
   83         location of a parent or prospective parent;
   84         authorizing the court to order scientific testing to
   85         determine parentage if certain conditions exist;
   86         amending s. 39.806, F.S.; revising circumstances under
   87         which grounds for the termination of parental rights
   88         may be established; amending s. 39.811, F.S.; revising
   89         circumstances under which the rights of one parent may
   90         be terminated without terminating the rights of the
   91         other parent; amending s. 125.901, F.S.; creating an
   92         exception to the requirement that, for an independent
   93         special district in existence on a certain date and
   94         serving a population of a specified size, the
   95         governing body of the county submit the question of
   96         the district’s retention or dissolution to the
   97         electorate in a specified general election; amending
   98         s. 395.3025, F.S.; revising requirements for access to
   99         patient records; amending s. 402.40, F.S.; defining
  100         the term “child welfare trainer”; providing rulemaking
  101         authority; amending s. 409.992, F.S.; limiting
  102         compensation from state-appropriated funds for
  103         administrative employees of community-based care
  104         agencies; amending s. 456.057, F.S.; revising
  105         requirements for access to patient records; repealing
  106         s. 409.141, F.S., relating to equitable reimbursement
  107         methodology; repealing s. 409.1677, F.S., relating to
  108         model comprehensive residential services programs;
  109         amending ss. 39.524, 394.495, 409.1678, and 960.065,
  110         F.S.; conforming cross-references; amending ss.
  111         409.1679 and 1002.3305, F.S.; conforming provisions to
  112         changes made by the act; reenacting s. 483.181(2),
  113         F.S., relating to acceptance, collection,
  114         identification, and examination of specimens, to
  115         incorporate the amendment made to s. 456.057, F.S., in
  116         a reference thereto; providing an effective date.
  117          
  118  Be It Enacted by the Legislature of the State of Florida:
  119  
  120         Section 1. Present subsections (35) through (80) of section
  121  39.01, Florida Statutes, are redesignated as subsections (36)
  122  through (81), respectively, a new subsection (35) is added to
  123  that section, and subsections (10) and (32) and present
  124  subsection (49) of that section are amended, to read:
  125         39.01 Definitions.—When used in this chapter, unless the
  126  context otherwise requires:
  127         (10) “Caregiver” means the parent, legal custodian,
  128  permanent guardian, adult household member, or other person
  129  responsible for a child’s welfare as defined in subsection (48)
  130  (47).
  131         (32) “Institutional child abuse or neglect” means
  132  situations of known or suspected child abuse or neglect in which
  133  the person allegedly perpetrating the child abuse or neglect is
  134  an employee of a private school, public or private day care
  135  center, residential home, institution, facility, or agency or
  136  any other person at such institution responsible for the child’s
  137  care as defined in subsection (48) (47).
  138         (35) “Legal father” means a man married to the mother at
  139  the time of conception or birth of their child, unless paternity
  140  has been otherwise determined by a court of competent
  141  jurisdiction. If no man was married to the mother at the time of
  142  birth or conception of the child, the term “legal father” means
  143  a man named on the birth certificate of the child pursuant to s.
  144  382.013(2), a man determined by a court order to be the father
  145  of the child, or a man determined by an administrative
  146  proceeding to be the father of the child.
  147         (50)(49) “Parent” means a woman who gives birth to a child
  148  and a man whose consent to the adoption of the child would be
  149  required under s. 63.062(1). Parent” also means a man married
  150  to the mother at the time of conception or birth of their child,
  151  unless paternity has been otherwise determined by a court of
  152  competent jurisdiction. If no man was married to the mother at
  153  the time of birth or conception of the child, the term “legal
  154  father” means a man named on the birth certificate of the child
  155  pursuant to s. 382.013(2), a man determined by court order to be
  156  the father of the child, or a man determined by an
  157  administrative proceeding to be the father of the child. If a
  158  child has been legally adopted, the term “parent” means the
  159  adoptive mother or father of the child. For purposes of this
  160  chapter only, when the phrase “parent or legal custodian” is
  161  used, it refers to rights or responsibilities of the parent and,
  162  only if there is no living parent with intact parental rights,
  163  to the rights or responsibilities of the legal custodian who has
  164  assumed the role of the parent. The term does not include an
  165  individual whose parental relationship to the child has been
  166  legally terminated, or an alleged or prospective parent, unless:
  167         (a) The parental status falls within the terms of s.
  168  39.503(1) or s. 63.062(1); or
  169         (b) Parental status is applied for the purpose of
  170  determining whether the child has been abandoned.
  171         Section 2. Subsection (6) of section 39.201, Florida
  172  Statutes, is amended to read:
  173         39.201 Mandatory reports of child abuse, abandonment, or
  174  neglect; mandatory reports of death; central abuse hotline.—
  175         (6) Information in the central abuse hotline may not be
  176  used for employment screening, except as provided in s.
  177  39.202(2)(a) and (h) or s. 402.302(15). Information in the
  178  central abuse hotline and the department’s automated abuse
  179  information system may be used by the department, its authorized
  180  agents or contract providers, the Department of Health, or
  181  county agencies as part of the licensure or registration process
  182  pursuant to ss. 402.301-402.319 and ss. 409.175-409.176.
  183  Pursuant to s. 39.202(2)(q), the information in the central
  184  abuse hotline may also be used by the Department of Education
  185  for purposes of educator certification discipline and review.
  186  Additionally, in accordance with s. 409.145(2)(e), the
  187  information in the central abuse hotline may be used for
  188  employment screening for caregivers at residential group homes.
  189         Section 3. Paragraph (a) of subsection (9) of section
  190  39.301, Florida Statutes, is amended, and subsection (23) is
  191  added to that section, to read:
  192         39.301 Initiation of protective investigations.—
  193         (9)(a) For each report received from the central abuse
  194  hotline and accepted for investigation, the department or the
  195  sheriff providing child protective investigative services under
  196  s. 39.3065, shall perform the following child protective
  197  investigation activities to determine child safety:
  198         1. Conduct a review of all relevant, available information
  199  specific to the child and family and alleged maltreatment;
  200  family child welfare history; local, state, and federal criminal
  201  records checks; and requests for law enforcement assistance
  202  provided by the abuse hotline. Based on a review of available
  203  information, including the allegations in the current report, a
  204  determination shall be made as to whether immediate consultation
  205  should occur with law enforcement, the child protection team, a
  206  domestic violence shelter or advocate, or a substance abuse or
  207  mental health professional. Such consultations should include
  208  discussion as to whether a joint response is necessary and
  209  feasible. A determination shall be made as to whether the person
  210  making the report should be contacted before the face-to-face
  211  interviews with the child and family members.
  212         2. Conduct face-to-face interviews with the child; other
  213  siblings, if any; and the parents, legal custodians, or
  214  caregivers.
  215         3. Assess the child’s residence, including a determination
  216  of the composition of the family and household, including the
  217  name, address, date of birth, social security number, sex, and
  218  race of each child named in the report; any siblings or other
  219  children in the same household or in the care of the same
  220  adults; the parents, legal custodians, or caregivers; and any
  221  other adults in the same household.
  222         4. Determine whether there is any indication that any child
  223  in the family or household has been abused, abandoned, or
  224  neglected; the nature and extent of present or prior injuries,
  225  abuse, or neglect, and any evidence thereof; and a determination
  226  as to the person or persons apparently responsible for the
  227  abuse, abandonment, or neglect, including the name, address,
  228  date of birth, social security number, sex, and race of each
  229  such person.
  230         5. Complete assessment of immediate child safety for each
  231  child based on available records, interviews, and observations
  232  with all persons named in subparagraph 2. and appropriate
  233  collateral contacts, which may include other professionals. The
  234  department’s child protection investigators are hereby
  235  designated a criminal justice agency for the purpose of
  236  accessing criminal justice information to be used for enforcing
  237  this state’s laws concerning the crimes of child abuse,
  238  abandonment, and neglect. This information shall be used solely
  239  for purposes supporting the detection, apprehension,
  240  prosecution, pretrial release, posttrial release, or
  241  rehabilitation of criminal offenders or persons accused of the
  242  crimes of child abuse, abandonment, or neglect and may not be
  243  further disseminated or used for any other purpose.
  244         6. Document the present and impending dangers to each child
  245  based on the identification of inadequate protective capacity
  246  through utilization of a standardized safety assessment
  247  instrument. If present or impending danger is identified, the
  248  child protective investigator must implement a safety plan or
  249  take the child into custody. If present danger is identified and
  250  the child is not removed, the child protective investigator
  251  shall create and implement a safety plan before leaving the home
  252  or the location where there is present danger. If impending
  253  danger is identified, the child protective investigator shall
  254  create and implement a safety plan as soon as necessary to
  255  protect the safety of the child. The child protective
  256  investigator may modify the safety plan if he or she identifies
  257  additional impending danger.
  258         a. If the child protective investigator implements a safety
  259  plan, the plan must be specific, sufficient, feasible, and
  260  sustainable in response to the realities of the present or
  261  impending danger. A safety plan may be an in-home plan or an
  262  out-of-home plan, or a combination of both. A safety plan may
  263  include tasks or responsibilities for a parent, caregiver, or
  264  legal custodian. However, a safety plan may not rely on
  265  promissory commitments by the parent, caregiver, or legal
  266  custodian who is currently not able to protect the child or on
  267  services that are not available or will not result in the safety
  268  of the child. A safety plan may not be implemented if for any
  269  reason the parents, guardian, or legal custodian lacks the
  270  capacity or ability to comply with the plan. If the department
  271  is not able to develop a plan that is specific, sufficient,
  272  feasible, and sustainable, the department shall file a shelter
  273  petition. A child protective investigator shall implement
  274  separate safety plans for the perpetrator of domestic violence,
  275  if the investigator is able to locate the perpetrator to
  276  implement a safety plan, and for the parent who is a victim of
  277  domestic violence as defined in s. 741.28. Reasonable efforts to
  278  locate a perpetrator include, but are not limited to, a diligent
  279  search pursuant to the same requirements as in s. 39.503. If the
  280  perpetrator of domestic violence is not the parent, guardian, or
  281  legal custodian of any child in the home and if the department
  282  does not intend to file a shelter petition or dependency
  283  petition that will assert allegations against the perpetrator as
  284  a parent of a child in the home the child, the child protective
  285  investigator shall seek issuance of an injunction authorized by
  286  s. 39.504 to implement a safety plan for the perpetrator and
  287  impose any other conditions to protect the child. The safety
  288  plan for the parent who is a victim of domestic violence may not
  289  be shared with the perpetrator. If any party to a safety plan
  290  fails to comply with the safety plan resulting in the child
  291  being unsafe, the department shall file a shelter petition.
  292         b. The child protective investigator shall collaborate with
  293  the community-based care lead agency in the development of the
  294  safety plan as necessary to ensure that the safety plan is
  295  specific, sufficient, feasible, and sustainable. The child
  296  protective investigator shall identify services necessary for
  297  the successful implementation of the safety plan. The child
  298  protective investigator and the community-based care lead agency
  299  shall mobilize service resources to assist all parties in
  300  complying with the safety plan. The community-based care lead
  301  agency shall prioritize safety plan services to families who
  302  have multiple risk factors, including, but not limited to, two
  303  or more of the following:
  304         (I) The parent or legal custodian is of young age;
  305         (II) The parent or legal custodian, or an adult currently
  306  living in or frequently visiting the home, has a history of
  307  substance abuse, mental illness, or domestic violence;
  308         (III) The parent or legal custodian, or an adult currently
  309  living in or frequently visiting the home, has been previously
  310  found to have physically or sexually abused a child;
  311         (IV) The parent or legal custodian or an adult currently
  312  living in or frequently visiting the home has been the subject
  313  of multiple allegations by reputable reports of abuse or
  314  neglect;
  315         (V) The child is physically or developmentally disabled; or
  316         (VI) The child is 3 years of age or younger.
  317         c. The child protective investigator shall monitor the
  318  implementation of the plan to ensure the child’s safety until
  319  the case is transferred to the lead agency at which time the
  320  lead agency shall monitor the implementation.
  321         (23) If, at any time during a child protective
  322  investigation, a child is born into a family under investigation
  323  or a child moves into the home under investigation, the child
  324  protective investigator shall add the child to the investigation
  325  and assess the child’s safety pursuant to subsection (7) and
  326  paragraph (9)(a).
  327         Section 4. Subsections (1) and (7) of section 39.302,
  328  Florida Statutes, are amended to read:
  329         39.302 Protective investigations of institutional child
  330  abuse, abandonment, or neglect.—
  331         (1) The department shall conduct a child protective
  332  investigation of each report of institutional child abuse,
  333  abandonment, or neglect. Upon receipt of a report that alleges
  334  that an employee or agent of the department, or any other entity
  335  or person covered by s. 39.01(32) or (48) s. 39.01(32) or (47),
  336  acting in an official capacity, has committed an act of child
  337  abuse, abandonment, or neglect, the department shall initiate a
  338  child protective investigation within the timeframe established
  339  under s. 39.201(5) and notify the appropriate state attorney,
  340  law enforcement agency, and licensing agency, which shall
  341  immediately conduct a joint investigation, unless independent
  342  investigations are more feasible. When conducting investigations
  343  or having face-to-face interviews with the child, investigation
  344  visits shall be unannounced unless it is determined by the
  345  department or its agent that unannounced visits threaten the
  346  safety of the child. If a facility is exempt from licensing, the
  347  department shall inform the owner or operator of the facility of
  348  the report. Each agency conducting a joint investigation is
  349  entitled to full access to the information gathered by the
  350  department in the course of the investigation. A protective
  351  investigation must include an interview with the child’s parent
  352  or legal guardian. The department shall make a full written
  353  report to the state attorney within 3 working days after making
  354  the oral report. A criminal investigation shall be coordinated,
  355  whenever possible, with the child protective investigation of
  356  the department. Any interested person who has information
  357  regarding the offenses described in this subsection may forward
  358  a statement to the state attorney as to whether prosecution is
  359  warranted and appropriate. Within 15 days after the completion
  360  of the investigation, the state attorney shall report the
  361  findings to the department and shall include in the report a
  362  determination of whether or not prosecution is justified and
  363  appropriate in view of the circumstances of the specific case.
  364         (7) When an investigation of institutional abuse, neglect,
  365  or abandonment is closed and a person is not identified as a
  366  caregiver responsible for the abuse, neglect, or abandonment
  367  alleged in the report, the fact that the person is named in some
  368  capacity in the report may not be used in any way to adversely
  369  affect the interests of that person. This prohibition applies to
  370  any use of the information in employment screening, licensing,
  371  child placement, adoption, or any other decisions by a private
  372  adoption agency or a state agency or its contracted providers.
  373         (a)However, if such a person is a licensee of the
  374  department and is named in any capacity in three or more reports
  375  within a 5-year period, the department may review those reports
  376  and determine whether the information contained in the reports
  377  is relevant for purposes of determining whether the person’s
  378  license should be renewed or revoked. If the information is
  379  relevant to the decision to renew or revoke the license, the
  380  department may rely on the information contained in the report
  381  in making that decision.
  382         (b)Likewise, if a person is employed as a caregiver in a
  383  residential group home licensed pursuant to s. 409.175 and is
  384  named in any capacity in three or more reports within a 5-year
  385  period, all reports may be reviewed for the purposes of the
  386  employment screening required pursuant to s. 409.145(2)(e).
  387         Section 5. Paragraph (c) of subsection (8) of section
  388  39.402, Florida Statutes, is amended to read:
  389         39.402 Placement in a shelter.—
  390         (8)
  391         (c) At the shelter hearing, the court shall:
  392         1. Appoint a guardian ad litem to represent the best
  393  interest of the child, unless the court finds that such
  394  representation is unnecessary;
  395         2. Inform the parents or legal custodians of their right to
  396  counsel to represent them at the shelter hearing and at each
  397  subsequent hearing or proceeding, and the right of the parents
  398  to appointed counsel, pursuant to the procedures set forth in s.
  399  39.013; and
  400         3. Give the parents or legal custodians an opportunity to
  401  be heard and to present evidence; and
  402         4.Inquire of those present at the shelter hearing as to
  403  the identity and location of the legal father. In determining
  404  who the legal father of the child may be, the court shall
  405  inquire under oath of those present at the shelter hearing
  406  whether they have any of the following information:
  407         a. Whether the mother of the child was married at the
  408  probable time of conception of the child or at the time of birth
  409  of the child.
  410         b. Whether the mother was cohabiting with a male at the
  411  probable time of conception of the child.
  412         c. Whether the mother has received payments or promises of
  413  support with respect to the child or because of her pregnancy
  414  from a man who claims to be the father.
  415         d. Whether the mother has named any man as the father on
  416  the birth certificate of the child or in connection with
  417  applying for or receiving public assistance.
  418         e. Whether any man has acknowledged or claimed paternity of
  419  the child in a jurisdiction in which the mother resided at the
  420  time of or since conception of the child or in which the child
  421  has resided or resides.
  422         f. Whether a man is named on the birth certificate of the
  423  child pursuant to s. 382.013(2).
  424         g. Whether a man has been determined by a court order to be
  425  the father of the child.
  426         h. Whether a man has been determined by an administrative
  427  proceeding to be the father of the child.
  428         Section 6. Subsections (1), (6), and (8) of section 39.503,
  429  Florida Statutes, are amended, subsection (9) is added to that
  430  section, and subsection (7) of that section is republished, to
  431  read:
  432         39.503 Identity or location of parent unknown; special
  433  procedures.—
  434         (1) If the identity or location of a parent is unknown and
  435  a petition for dependency or shelter is filed, the court shall
  436  conduct under oath the following inquiry of the parent or legal
  437  custodian who is available, or, if no parent or legal custodian
  438  is available, of any relative or custodian of the child who is
  439  present at the hearing and likely to have any of the following
  440  information:
  441         (a) Whether the mother of the child was married at the
  442  probable time of conception of the child or at the time of birth
  443  of the child.
  444         (b) Whether the mother was cohabiting with a male at the
  445  probable time of conception of the child.
  446         (c) Whether the mother has received payments or promises of
  447  support with respect to the child or because of her pregnancy
  448  from a man who claims to be the father.
  449         (d) Whether the mother has named any man as the father on
  450  the birth certificate of the child or in connection with
  451  applying for or receiving public assistance.
  452         (e) Whether any man has acknowledged or claimed paternity
  453  of the child in a jurisdiction in which the mother resided at
  454  the time of or since conception of the child, or in which the
  455  child has resided or resides.
  456         (f) Whether a man is named on the birth certificate of the
  457  child pursuant to s. 382.013(2).
  458         (g) Whether a man has been determined by a court order to
  459  be the father of the child.
  460         (h) Whether a man has been determined by an administrative
  461  proceeding to be the father of the child.
  462         (6) The diligent search required by subsection (5) must
  463  include, at a minimum, inquiries of all relatives of the parent
  464  or prospective parent made known to the petitioner, inquiries of
  465  all offices of program areas of the department likely to have
  466  information about the parent or prospective parent, inquiries of
  467  other state and federal agencies likely to have information
  468  about the parent or prospective parent, inquiries of appropriate
  469  utility and postal providers, a thorough search of at least one
  470  electronic database specifically designed for locating persons,
  471  a search of the Florida Putative Father Registry, and inquiries
  472  of appropriate law enforcement agencies. Pursuant to s. 453 of
  473  the Social Security Act, 42 U.S.C. s. 653(c)(4), the department,
  474  as the state agency administering Titles IV-B and IV-E of the
  475  act, shall be provided access to the federal and state parent
  476  locator service for diligent search activities.
  477         (7) Any agency contacted by a petitioner with a request for
  478  information pursuant to subsection (6) shall release the
  479  requested information to the petitioner without the necessity of
  480  a subpoena or court order.
  481         (8) If the inquiry and diligent search identifies a
  482  prospective parent, that person must be given the opportunity to
  483  become a party to the proceedings by completing a sworn
  484  affidavit of parenthood and filing it with the court or the
  485  department. A prospective parent who files a sworn affidavit of
  486  parenthood while the child is a dependent child but no later
  487  than at the time of or before prior to the adjudicatory hearing
  488  in any termination of parental rights proceeding for the child
  489  shall be considered a parent for all purposes under this section
  490  unless the other parent contests the determination of
  491  parenthood. If the prospective parent does not file a sworn
  492  affidavit of parenthood or if the other parent contests the
  493  determination of parenthood, the court may, after considering
  494  the best interest of the child, order scientific testing to
  495  determine the maternity or paternity of the child. The court
  496  shall assess the cost of the maternity or paternity
  497  determination as a cost of litigation. If the court finds the
  498  prospective parent to be a parent as a result of the scientific
  499  testing, the court shall enter a judgment of maternity or
  500  paternity, shall assess the cost of the scientific testing to
  501  the parent, and shall enter an amount of child support to be
  502  paid by the parent as determined under s. 61.30. If the known
  503  parent contests the recognition of the prospective parent as a
  504  parent, the prospective parent shall not be recognized as a
  505  parent until proceedings to determine maternity or paternity
  506  under chapter 742 have been concluded. However, the prospective
  507  parent shall continue to receive notice of hearings as a
  508  participant until pending results of the chapter 742 proceedings
  509  to determine maternity or paternity have been concluded.
  510         (9) If the diligent search under subsection (5) fails to
  511  identify and locate a prospective parent, the court shall so
  512  find and may proceed without further notice.
  513         Section 7. Section 39.504, Florida Statutes, is amended to
  514  read:
  515         39.504 Injunction pending disposition of petition;
  516  penalty.—
  517         (1) At any time after a protective investigation has been
  518  initiated pursuant to part III of this chapter, the court, upon
  519  the request of the department, a law enforcement officer, the
  520  state attorney, or other responsible person, or upon its own
  521  motion, may, if there is reasonable cause, issue an injunction
  522  to prevent any act of child abuse. Reasonable cause for the
  523  issuance of an injunction exists if there is evidence of child
  524  abuse or if there is a reasonable likelihood of such abuse
  525  occurring based upon a recent overt act or failure to act. If
  526  there is a pending dependency proceeding regarding the child
  527  whom the injunction is sought to protect, the judge hearing the
  528  dependency proceeding must also hear the injunction proceeding
  529  regarding the child.
  530         (2) The petitioner seeking the injunction shall file a
  531  verified petition, or a petition along with an affidavit,
  532  setting forth the specific actions by the alleged offender from
  533  which the child must be protected and all remedies sought. Upon
  534  filing the petition, the court shall set a hearing to be held at
  535  the earliest possible time. Pending the hearing, the court may
  536  issue a temporary ex parte injunction, with verified pleadings
  537  or affidavits as evidence. The temporary ex parte injunction
  538  pending a hearing is effective for up to 15 days and the hearing
  539  must be held within that period unless continued for good cause
  540  shown, which may include obtaining service of process, in which
  541  case the temporary ex parte injunction shall be extended for the
  542  continuance period. The hearing may be held sooner if the
  543  alleged offender has received reasonable notice.
  544         (3) Before the hearing, the alleged offender must be
  545  personally served with a copy of the petition, all other
  546  pleadings related to the petition, a notice of hearing, and, if
  547  one has been entered, the temporary injunction. If the
  548  petitioner is unable to locate the alleged offender for service
  549  after a diligent search pursuant to the same requirements as in
  550  s. 39.503 and the filing of an affidavit of diligent search, the
  551  court may enter the injunction based on the sworn petition and
  552  any affidavits. At the hearing, the court may base its
  553  determination on a sworn petition, testimony, or an affidavit
  554  and may hear all relevant and material evidence, including oral
  555  and written reports, to the extent of its probative value even
  556  though it would not be competent evidence at an adjudicatory
  557  hearing. Following the hearing, the court may enter a final
  558  injunction. The court may grant a continuance of the hearing at
  559  any time for good cause shown by any party. If a temporary
  560  injunction has been entered, it shall be continued during the
  561  continuance.
  562         (4) If an injunction is issued under this section, the
  563  primary purpose of the injunction must be to protect and promote
  564  the best interests of the child, taking the preservation of the
  565  child’s immediate family into consideration.
  566         (a) The injunction applies to the alleged or actual
  567  offender in a case of child abuse or acts of domestic violence.
  568  The conditions of the injunction shall be determined by the
  569  court, which may include ordering the alleged or actual offender
  570  to:
  571         1. Refrain from further abuse or acts of domestic violence.
  572         2. Participate in a specialized treatment program.
  573         3. Limit contact or communication with the child victim,
  574  other children in the home, or any other child.
  575         4. Refrain from contacting the child at home, school, work,
  576  or wherever the child may be found.
  577         5. Have limited or supervised visitation with the child.
  578         6. Vacate the home in which the child resides.
  579         7. Comply with the terms of a safety plan implemented in
  580  the injunction pursuant to s. 39.301.
  581         (b) Upon proper pleading, the court may award the following
  582  relief in a temporary ex parte or final injunction:
  583         1. Exclusive use and possession of the dwelling to the
  584  caregiver or exclusion of the alleged or actual offender from
  585  the residence of the caregiver.
  586         2. Temporary support for the child or other family members.
  587         3. The costs of medical, psychiatric, and psychological
  588  treatment for the child incurred due to the abuse, and similar
  589  costs for other family members.
  590  
  591  This paragraph does not preclude an adult victim of domestic
  592  violence from seeking protection for himself or herself under s.
  593  741.30.
  594         (c) The terms of the final injunction shall remain in
  595  effect until modified or dissolved by the court. The petitioner,
  596  respondent, or caregiver may move at any time to modify or
  597  dissolve the injunction. Notice of hearing on the motion to
  598  modify or dissolve the injunction must be provided to all
  599  parties, including the department. The injunction is valid and
  600  enforceable in all counties in the state.
  601         (5) Service of process on the respondent shall be carried
  602  out pursuant to s. 741.30. The department shall deliver a copy
  603  of any injunction issued pursuant to this section to the
  604  protected party or to a parent, caregiver, or individual acting
  605  in the place of a parent who is not the respondent. Law
  606  enforcement officers may exercise their arrest powers as
  607  provided in s. 901.15(6) to enforce the terms of the injunction.
  608         (6) Any person who fails to comply with an injunction
  609  issued pursuant to this section commits a misdemeanor of the
  610  first degree, punishable as provided in s. 775.082 or s.
  611  775.083.
  612         (7) The person against whom an injunction is entered under
  613  this section does not automatically become a party to a
  614  subsequent dependency action concerning the same child.
  615         Section 8. Paragraph (b) of subsection (7) of section
  616  39.507, Florida Statutes, is amended to read:
  617         39.507 Adjudicatory hearings; orders of adjudication.—
  618         (7)
  619         (b) However, the court must determine whether each parent
  620  or legal custodian identified in the case abused, abandoned, or
  621  neglected the child or engaged in conduct that placed the child
  622  at substantial risk of imminent abuse, abandonment, or neglect
  623  in a subsequent evidentiary hearing. If a second parent is
  624  served and brought into the proceeding after the adjudication,
  625  and an the evidentiary hearing for the second parent is
  626  conducted subsequent to the adjudication of the child, the court
  627  shall supplement the adjudicatory order, disposition order, and
  628  the case plan, as necessary. The petitioner is not required to
  629  prove actual harm or actual abuse by the second parent in order
  630  for the court to make supplemental findings regarding the
  631  conduct of the second parent. The court is not required to
  632  conduct an evidentiary hearing for the second parent in order to
  633  supplement the adjudicatory order, the disposition order, and
  634  the case plan if the requirements of s. 39.506(3) or (5) are
  635  satisfied. With the exception of proceedings pursuant to s.
  636  39.811, the child’s dependency status may not be retried or
  637  readjudicated.
  638         Section 9. Paragraph (a) of subsection (2) of section
  639  39.5085, Florida Statutes, is amended to read:
  640         39.5085 Relative Caregiver Program.—
  641         (2)(a) The Department of Children and Families shall
  642  establish, and operate, and implement the Relative Caregiver
  643  Program pursuant to eligibility guidelines established in this
  644  section as further implemented by rule of the department. The
  645  Relative Caregiver Program shall, within the limits of available
  646  funding, provide financial assistance to:
  647         1. Relatives who are within the fifth degree by blood or
  648  marriage to the parent or stepparent of a child and who are
  649  caring full-time for that dependent child in the role of
  650  substitute parent as a result of a court’s determination of
  651  child abuse, neglect, or abandonment and subsequent placement
  652  with the relative under this chapter.
  653         2. Relatives who are within the fifth degree by blood or
  654  marriage to the parent or stepparent of a child and who are
  655  caring full-time for that dependent child, and a dependent half
  656  brother or half-sister of that dependent child, in the role of
  657  substitute parent as a result of a court’s determination of
  658  child abuse, neglect, or abandonment and subsequent placement
  659  with the relative under this chapter.
  660         3. Nonrelatives who are willing to assume custody and care
  661  of a dependent child in the role of substitute parent as a
  662  result of a court’s determination of child abuse, neglect, or
  663  abandonment and subsequent placement with the nonrelative
  664  caregiver under this chapter. The court must find that a
  665  proposed placement under this subparagraph is in the best
  666  interest of the child.
  667         4.The relative or nonrelative caregiver may not receive a
  668  Relative Caregiver Program payment if the parent or stepparent
  669  of the child resides in the home. However, a relative or
  670  nonrelative may receive the Relative Caregiver Program payment
  671  for a minor parent who is in his or her care, as well as for the
  672  minor parent’s child, if both children have been adjudicated
  673  dependent and meet all other eligibility requirements. If the
  674  caregiver is currently receiving the payment, the Relative
  675  Caregiver Program payment must be terminated no later than the
  676  first of the following month after the parent or stepparent
  677  moves into the home, allowing for 10-day notice of adverse
  678  action.
  679  
  680  The placement may be court-ordered temporary legal custody to
  681  the relative or nonrelative under protective supervision of the
  682  department pursuant to s. 39.521(1)(c)3. s. 39.521(1)(b)3., or
  683  court-ordered placement in the home of a relative or nonrelative
  684  as a permanency option under s. 39.6221 or s. 39.6231 or under
  685  former s. 39.622 if the placement was made before July 1, 2006.
  686  The Relative Caregiver Program shall offer financial assistance
  687  to caregivers who would be unable to serve in that capacity
  688  without the caregiver payment because of financial burden, thus
  689  exposing the child to the trauma of placement in a shelter or in
  690  foster care.
  691         Section 10. Subsections (1), (2), (6), and (7) of section
  692  39.521, Florida Statutes, are amended to read:
  693         39.521 Disposition hearings; powers of disposition.—
  694         (1) A disposition hearing shall be conducted by the court,
  695  if the court finds that the facts alleged in the petition for
  696  dependency were proven in the adjudicatory hearing, or if the
  697  parents or legal custodians have consented to the finding of
  698  dependency or admitted the allegations in the petition, have
  699  failed to appear for the arraignment hearing after proper
  700  notice, or have not been located despite a diligent search
  701  having been conducted.
  702         (a) A written case plan and a family functioning assessment
  703  predisposition study prepared by an authorized agent of the
  704  department must be approved by filed with the court. The
  705  department must file the case plan and the family functioning
  706  assessment with the court, serve a copy of the case plan on,
  707  served upon the parents of the child, and provide a copy of the
  708  case plan provided to the representative of the guardian ad
  709  litem program, if the program has been appointed, and provide a
  710  copy provided to all other parties:
  711         1. Not less than 72 hours before the disposition hearing,
  712  if the disposition hearing occurs on or after the 60th day after
  713  the child was placed in out-of-home care. All such case plans
  714  must be approved by the court.
  715         2. Not less than 72 hours before the case plan acceptance
  716  hearing, if the disposition hearing occurs before the 60th day
  717  after the date the child was placed in out-of-home care and a
  718  case plan has not been submitted pursuant to this paragraph, or
  719  if the court does not approve the case plan at the disposition
  720  hearing., The case plan acceptance hearing must occur the court
  721  must set a hearing within 30 days after the disposition hearing
  722  to review and approve the case plan.
  723         (b) The court may grant an exception to the requirement for
  724  a family functioning assessment predisposition study by separate
  725  order or within the judge’s order of disposition upon finding
  726  that all the family and child information required by subsection
  727  (2) is available in other documents filed with the court.
  728         (c)(b) When any child is adjudicated by a court to be
  729  dependent, the court having jurisdiction of the child has the
  730  power by order to:
  731         1. Require the parent and, when appropriate, the legal
  732  custodian and the child to participate in treatment and services
  733  identified as necessary. The court may require the person who
  734  has custody or who is requesting custody of the child to submit
  735  to a mental health or substance abuse disorder assessment or
  736  evaluation. The order may be made only upon good cause shown and
  737  pursuant to notice and procedural requirements provided under
  738  the Florida Rules of Juvenile Procedure. The mental health
  739  assessment or evaluation must be administered by a qualified
  740  professional as defined in s. 39.01, and the substance abuse
  741  assessment or evaluation must be administered by a qualified
  742  professional as defined in s. 397.311. The court may also
  743  require such person to participate in and comply with treatment
  744  and services identified as necessary, including, when
  745  appropriate and available, participation in and compliance with
  746  a mental health court program established under chapter 394 or a
  747  treatment-based drug court program established under s. 397.334.
  748  Adjudication of a child as dependent based upon evidence of harm
  749  as defined in s. 39.01(30)(g) demonstrates good cause, and the
  750  court shall require the parent whose actions caused the harm to
  751  submit to a substance abuse disorder assessment or evaluation
  752  and to participate and comply with treatment and services
  753  identified in the assessment or evaluation as being necessary.
  754  In addition to supervision by the department, the court,
  755  including the mental health court program or the treatment-based
  756  drug court program, may oversee the progress and compliance with
  757  treatment by a person who has custody or is requesting custody
  758  of the child. The court may impose appropriate available
  759  sanctions for noncompliance upon a person who has custody or is
  760  requesting custody of the child or make a finding of
  761  noncompliance for consideration in determining whether an
  762  alternative placement of the child is in the child’s best
  763  interests. Any order entered under this subparagraph may be made
  764  only upon good cause shown. This subparagraph does not authorize
  765  placement of a child with a person seeking custody of the child,
  766  other than the child’s parent or legal custodian, who requires
  767  mental health or substance abuse disorder treatment.
  768         2. Require, if the court deems necessary, the parties to
  769  participate in dependency mediation.
  770         3. Require placement of the child either under the
  771  protective supervision of an authorized agent of the department
  772  in the home of one or both of the child’s parents or in the home
  773  of a relative of the child or another adult approved by the
  774  court, or in the custody of the department. Protective
  775  supervision continues until the court terminates it or until the
  776  child reaches the age of 18, whichever date is first. Protective
  777  supervision shall be terminated by the court whenever the court
  778  determines that permanency has been achieved for the child,
  779  whether with a parent, another relative, or a legal custodian,
  780  and that protective supervision is no longer needed. The
  781  termination of supervision may be with or without retaining
  782  jurisdiction, at the court’s discretion, and shall in either
  783  case be considered a permanency option for the child. The order
  784  terminating supervision by the department must set forth the
  785  powers of the custodian of the child and include the powers
  786  ordinarily granted to a guardian of the person of a minor unless
  787  otherwise specified. Upon the court’s termination of supervision
  788  by the department, further judicial reviews are not required if
  789  permanency has been established for the child.
  790         (d)(c) At the conclusion of the disposition hearing, the
  791  court shall schedule the initial judicial review hearing which
  792  must be held no later than 90 days after the date of the
  793  disposition hearing or after the date of the hearing at which
  794  the court approves the case plan, whichever occurs earlier, but
  795  in no event shall the review hearing be held later than 6 months
  796  after the date of the child’s removal from the home.
  797         (e)(d) The court shall, in its written order of
  798  disposition, include all of the following:
  799         1. The placement or custody of the child.
  800         2. Special conditions of placement and visitation.
  801         3. Evaluation, counseling, treatment activities, and other
  802  actions to be taken by the parties, if ordered.
  803         4. The persons or entities responsible for supervising or
  804  monitoring services to the child and parent.
  805         5. Continuation or discharge of the guardian ad litem, as
  806  appropriate.
  807         6. The date, time, and location of the next scheduled
  808  review hearing, which must occur within the earlier of:
  809         a. Ninety days after the disposition hearing;
  810         b. Ninety days after the court accepts the case plan;
  811         c. Six months after the date of the last review hearing; or
  812         d. Six months after the date of the child’s removal from
  813  his or her home, if no review hearing has been held since the
  814  child’s removal from the home.
  815         7. If the child is in an out-of-home placement, child
  816  support to be paid by the parents, or the guardian of the
  817  child’s estate if possessed of assets which under law may be
  818  disbursed for the care, support, and maintenance of the child.
  819  The court may exercise jurisdiction over all child support
  820  matters, shall adjudicate the financial obligation, including
  821  health insurance, of the child’s parents or guardian, and shall
  822  enforce the financial obligation as provided in chapter 61. The
  823  state’s child support enforcement agency shall enforce child
  824  support orders under this section in the same manner as child
  825  support orders under chapter 61. Placement of the child shall
  826  not be contingent upon issuance of a support order.
  827         8.a. If the court does not commit the child to the
  828  temporary legal custody of an adult relative, legal custodian,
  829  or other adult approved by the court, the disposition order
  830  shall include the reasons for such a decision and shall include
  831  a determination as to whether diligent efforts were made by the
  832  department to locate an adult relative, legal custodian, or
  833  other adult willing to care for the child in order to present
  834  that placement option to the court instead of placement with the
  835  department.
  836         b. If no suitable relative is found and the child is placed
  837  with the department or a legal custodian or other adult approved
  838  by the court, both the department and the court shall consider
  839  transferring temporary legal custody to an adult relative
  840  approved by the court at a later date, but neither the
  841  department nor the court is obligated to so place the child if
  842  it is in the child’s best interest to remain in the current
  843  placement.
  844  
  845  For the purposes of this section, “diligent efforts to locate an
  846  adult relative” means a search similar to the diligent search
  847  for a parent, but without the continuing obligation to search
  848  after an initial adequate search is completed.
  849         9. Other requirements necessary to protect the health,
  850  safety, and well-being of the child, to preserve the stability
  851  of the child’s educational placement, and to promote family
  852  preservation or reunification whenever possible.
  853         (f)(e) If the court finds that an in-home safety plan
  854  prepared or approved by the department the prevention or
  855  reunification efforts of the department will allow the child to
  856  remain safely at home or that conditions for return have been
  857  met and an in-home safety plan prepared or approved by the
  858  department will allow the child to be safely returned to the
  859  home, the court shall allow the child to remain in or return to
  860  the home after making a specific finding of fact that the
  861  reasons for removal have been remedied to the extent that the
  862  child’s safety, well-being, and physical, mental, and emotional
  863  health will not be endangered.
  864         (g)(f) If the court places the child in an out-of-home
  865  placement, the disposition order must include a written
  866  determination that the child cannot safely remain at home with
  867  reunification or family preservation services and that removal
  868  of the child is necessary to protect the child. If the child is
  869  removed before the disposition hearing, the order must also
  870  include a written determination as to whether, after removal,
  871  the department made a reasonable effort to reunify the parent
  872  and child. Reasonable efforts to reunify are not required if the
  873  court finds that any of the acts listed in s. 39.806(1)(f)-(l)
  874  have occurred. The department has the burden of demonstrating
  875  that it made reasonable efforts.
  876         1. For the purposes of this paragraph, the term “reasonable
  877  effort” means the exercise of reasonable diligence and care by
  878  the department to provide the services ordered by the court or
  879  delineated in the case plan.
  880         2. In support of its determination as to whether reasonable
  881  efforts have been made, the court shall:
  882         a. Enter written findings as to whether prevention or
  883  reunification efforts were indicated.
  884         b. If prevention or reunification efforts were indicated,
  885  include a brief written description of what appropriate and
  886  available prevention and reunification efforts were made.
  887         c. Indicate in writing why further efforts could or could
  888  not have prevented or shortened the separation of the parent and
  889  child.
  890         3. A court may find that the department made a reasonable
  891  effort to prevent or eliminate the need for removal if:
  892         a. The first contact of the department with the family
  893  occurs during an emergency;
  894         b. The appraisal by the department of the home situation
  895  indicates a substantial and immediate danger to the child’s
  896  safety or physical, mental, or emotional health which cannot be
  897  mitigated by the provision of preventive services;
  898         c. The child cannot safely remain at home, because there
  899  are no preventive services that can ensure the health and safety
  900  of the child or, even with appropriate and available services
  901  being provided, the health and safety of the child cannot be
  902  ensured; or
  903         d. The parent is alleged to have committed any of the acts
  904  listed as grounds for expedited termination of parental rights
  905  under s. 39.806(1)(f)-(l).
  906         4. A reasonable effort by the department for reunification
  907  has been made if the appraisal of the home situation by the
  908  department indicates that the severity of the conditions of
  909  dependency is such that reunification efforts are inappropriate.
  910  The department has the burden of demonstrating to the court that
  911  reunification efforts were inappropriate.
  912         5. If the court finds that the prevention or reunification
  913  effort of the department would not have permitted the child to
  914  remain safely at home, the court may commit the child to the
  915  temporary legal custody of the department or take any other
  916  action authorized by this chapter.
  917         (2) The family functioning assessment predisposition study
  918  must provide the court with the following documented
  919  information:
  920         (a) Evidence of maltreatment and the circumstances
  921  accompanying the maltreatment.
  922         (b) Identification of all danger threats active in the
  923  home.
  924         (c) An assessment of the adult functioning of the parents.
  925         (d) An assessment of general parenting practices and the
  926  parent’s disciplinary approach and behavior management methods.
  927         (e) An assessment of the parent’s behavioral, emotional,
  928  and cognitive protective capacities.
  929         (f) An assessment of child functioning.
  930         (g) A safety analysis describing the capacity for an in
  931  home safety plan to control the conditions that result in the
  932  child being unsafe and the specific actions necessary to keep
  933  the child safe.
  934         (h) Identification of the conditions for return which would
  935  allow the child to be placed safely back into the home with an
  936  in-home safety plan and any safety management services necessary
  937  to ensure the child’s safety.
  938         (a) The capacity and disposition of the parents to provide
  939  the child with food, clothing, medical care, or other remedial
  940  care recognized and permitted under the laws of this state in
  941  lieu of medical care, and other material needs.
  942         (b) The length of time the child has lived in a stable,
  943  satisfactory environment and the desirability of maintaining
  944  continuity.
  945         (c) The mental and physical health of the parents.
  946         (d) The home, school, and community record of the child.
  947         (i)(e) The reasonable preference of the child, if the court
  948  deems the child to be of sufficient intelligence, understanding,
  949  and experience to express a preference.
  950         (f) Evidence of domestic violence or child abuse.
  951         (g) An assessment defining the dangers and risks of
  952  returning the child home, including a description of the changes
  953  in and resolutions to the initial risks.
  954         (h) A description of what risks are still present and what
  955  resources are available and will be provided for the protection
  956  and safety of the child.
  957         (i) A description of the benefits of returning the child
  958  home.
  959         (j) A description of all unresolved issues.
  960         (j)(k)Child welfare A Florida Abuse Hotline Information
  961  System (FAHIS) history and criminal records check for all
  962  caregivers, family members, and individuals residing within the
  963  household from which the child was removed from the State
  964  Automated Child Welfare Information System (SACWIS).
  965         (k)(l) The complete report and recommendation of the child
  966  protection team of the Department of Health or, if no report
  967  exists, a statement reflecting that no report has been made.
  968         (l)(m) All opinions or recommendations from other
  969  professionals or agencies that provide evaluative, social,
  970  reunification, or other services to the parent and child.
  971         (m)(n) A listing of appropriate and available safety
  972  management prevention and reunification services for the parent
  973  and child to prevent the removal of the child from the home or
  974  to reunify the child with the parent after removal, including
  975  the availability of family preservation services and an
  976  explanation of the following:
  977         1. If the services were or were not provided.
  978         2. If the services were provided, the outcome of the
  979  services.
  980         3. If the services were not provided, why they were not
  981  provided.
  982         4. If the services are currently being provided and if they
  983  need to be continued.
  984         (o) A listing of other prevention and reunification
  985  services that were available but determined to be inappropriate
  986  and why.
  987         (p) Whether dependency mediation was provided.
  988         (n)(q) If the child has been removed from the home and
  989  there is a parent who may be considered for custody pursuant to
  990  this section, a recommendation as to whether placement of the
  991  child with that parent would be detrimental to the child.
  992         (o)(r) If the child has been removed from the home and will
  993  be remaining with a relative, parent, or other adult approved by
  994  the court, a home study report concerning the proposed placement
  995  shall be provided to the court included in the predisposition
  996  report. Before recommending to the court any out-of-home
  997  placement for a child other than placement in a licensed shelter
  998  or foster home, the department shall conduct a study of the home
  999  of the proposed legal custodians, which must include, at a
 1000  minimum:
 1001         1. An interview with the proposed legal custodians to
 1002  assess their ongoing commitment and ability to care for the
 1003  child.
 1004         2. Records checks through the State Automated Child Welfare
 1005  Information System (SACWIS), and local and statewide criminal
 1006  and juvenile records checks through the Department of Law
 1007  Enforcement, on all household members 12 years of age or older.
 1008  In addition, the fingerprints of any household members who are
 1009  18 years of age or older may be submitted to the Department of
 1010  Law Enforcement for processing and forwarding to the Federal
 1011  Bureau of Investigation for state and national criminal history
 1012  information. The department has the discretion to request State
 1013  Automated Child Welfare Information System (SACWIS) and local,
 1014  statewide, and national criminal history checks and
 1015  fingerprinting of any other visitor to the home who is made
 1016  known to the department. Out-of-state criminal records checks
 1017  must be initiated for any individual who has resided in a state
 1018  other than Florida if that state’s laws allow the release of
 1019  these records. The out-of-state criminal records must be filed
 1020  with the court within 5 days after receipt by the department or
 1021  its agent.
 1022         3. An assessment of the physical environment of the home.
 1023         4. A determination of the financial security of the
 1024  proposed legal custodians.
 1025         5. A determination of suitable child care arrangements if
 1026  the proposed legal custodians are employed outside of the home.
 1027         6. Documentation of counseling and information provided to
 1028  the proposed legal custodians regarding the dependency process
 1029  and possible outcomes.
 1030         7. Documentation that information regarding support
 1031  services available in the community has been provided to the
 1032  proposed legal custodians.
 1033         8. The reasonable preference of the child, if the court
 1034  deems the child to be of sufficient intelligence, understanding,
 1035  and experience to express a preference.
 1036  
 1037  The department may not place the child or continue the placement
 1038  of the child in a home under shelter or postdisposition
 1039  placement if the results of the home study are unfavorable,
 1040  unless the court finds that this placement is in the child’s
 1041  best interest.
 1042         (p)(s) If the child has been removed from the home, a
 1043  determination of the amount of child support each parent will be
 1044  required to pay pursuant to s. 61.30.
 1045         (t) If placement of the child with anyone other than the
 1046  child’s parent is being considered, the predisposition study
 1047  shall include the designation of a specific length of time as to
 1048  when custody by the parent will be reconsidered.
 1049  
 1050  Any other relevant and material evidence, including other
 1051  written or oral reports, may be received by the court in its
 1052  effort to determine the action to be taken with regard to the
 1053  child and may be relied upon to the extent of its probative
 1054  value, even though not competent in an adjudicatory hearing.
 1055  Except as otherwise specifically provided, nothing in this
 1056  section prohibits the publication of proceedings in a hearing.
 1057         (6) With respect to a child who is the subject in
 1058  proceedings under this chapter, the court may issue to the
 1059  department an order to show cause why it should not return the
 1060  child to the custody of the parents upon the presentation of
 1061  evidence that the conditions for return of the child have been
 1062  met expiration of the case plan, or sooner if the parents have
 1063  substantially complied with the case plan.
 1064         (7) The court may enter an order ending its jurisdiction
 1065  over a child when a child has been returned to the parents,
 1066  provided the court shall not terminate its jurisdiction or the
 1067  department’s supervision over the child until 6 months after the
 1068  child’s return. The department shall supervise the placement of
 1069  the child after reunification for at least 6 months with each
 1070  parent or legal custodian from whom the child was removed. The
 1071  court shall determine whether its jurisdiction should be
 1072  continued or terminated in such a case based on a report of the
 1073  department or agency or the child’s guardian ad litem, and any
 1074  other relevant factors; if its jurisdiction is to be terminated,
 1075  the court shall enter an order to that effect.
 1076         Section 11. Subsections (2) and (3) of section 39.522,
 1077  Florida Statutes, are amended to read:
 1078         39.522 Postdisposition change of custody.—The court may
 1079  change the temporary legal custody or the conditions of
 1080  protective supervision at a postdisposition hearing, without the
 1081  necessity of another adjudicatory hearing.
 1082         (2) In cases where the issue before the court is whether a
 1083  child should be reunited with a parent, the court shall review
 1084  the conditions for return and determine whether the
 1085  circumstances that caused the out-of-home placement and issues
 1086  subsequently identified have been remedied parent has
 1087  substantially complied with the terms of the case plan to the
 1088  extent that the return of the child to the home with an in-home
 1089  safety plan prepared or approved by the department will not be
 1090  detrimental to the child’s safety, well-being, and physical,
 1091  mental, and emotional health of the child is not endangered by
 1092  the return of the child to the home.
 1093         (3) In cases where the issue before the court is whether a
 1094  child who is placed in the custody of a parent should be
 1095  reunited with the other parent upon a finding that the
 1096  circumstances that caused the out-of-home placement and issues
 1097  subsequently identified have been remedied to the extent that
 1098  the return of the child to the home of the other parent with an
 1099  in-home safety plan prepared or approved by the department will
 1100  not be detrimental to the child of substantial compliance with
 1101  the terms of the case plan, the standard shall be that the
 1102  safety, well-being, and physical, mental, and emotional health
 1103  of the child would not be endangered by reunification and that
 1104  reunification would be in the best interest of the child.
 1105         Section 12. Section 39.523, Florida Statutes, is amended to
 1106  read:
 1107         (Substantial rewording of section. See
 1108         39.523, F.S., for present text.)
 1109         39.523 Placement in out-of-home care.—The Legislature finds
 1110  that it is a basic tenet of child welfare practice and the law
 1111  that children be placed in the least restrictive, most family
 1112  like setting available in close proximity to the home of their
 1113  parents, consistent with the best interests and needs of the
 1114  child, and that children be placed in permanent homes in a
 1115  timely manner.
 1116         (1) When any child is removed from the home and placed into
 1117  out-of-home care, an assessment shall be completed to determine
 1118  the best placement option to meet the child’s immediate and
 1119  ongoing services and support needs. Each child in out-of-home
 1120  care must be assessed by a trauma-informed qualified clinician
 1121  using an evidence-based assessment tool within the first 30 days
 1122  of the child’s coming into care to determine whether the child’s
 1123  needs can be met with family members or in a family foster home
 1124  and, if not, which type of foster care placement setting would
 1125  provide a more effective and appropriate level of care.
 1126         (2) The assessment and any placement decision must be done
 1127  in conjunction with a permanency team that must be established
 1128  by the department or the community-based care lead agency that
 1129  places children pursuant to this section and is dedicated to
 1130  overcoming the permanency challenges occurring for children in
 1131  out-of-home care. The team must include a representative from
 1132  the community-based care lead agency, the caseworker for the
 1133  child, the out-of-home care provider, the guardian ad litem if
 1134  one has been appointed, any provider of services to the child,
 1135  teachers, clergy, relatives, fictive kin, and all appropriate
 1136  biological family members.
 1137         (3) The permanency team shall convene a multidisciplinary
 1138  staffing every 180 calendar days, to coincide with the judicial
 1139  review, to reassess the appropriateness of the child’s current
 1140  placement. The multidisciplinary staffing shall consider, at a
 1141  minimum, the current level of the child’s functioning, whether
 1142  recommended services are being provided effectively, any
 1143  services that would enable transition to a less restrictive
 1144  family-like setting, and diligent efforts to find other
 1145  permanent living arrangements for the child.
 1146         (4) The department shall document initial placement
 1147  assessments in the Florida Safe Families Network.
 1148         (5)If it is determined during the preplacement evaluation
 1149  that residential treatment as defined in s. 39.407 would be
 1150  suitable for the child, the procedures in that section must be
 1151  followed.
 1152         (6)Within 60 days after a placement of a child in out-of
 1153  home care, a court must review the assessment and placement
 1154  decision and approve or disapprove the placement. At each
 1155  subsequent judicial review, the department shall demonstrate why
 1156  the placement is in the least restrictive setting. If the child
 1157  has been placed in group care with a residential child-caring
 1158  agency, the department must demonstrate why the child cannot be
 1159  placed with a relative or nonrelative or in a family foster
 1160  home, must demonstrate why the placement in group care with a
 1161  residential child-caring agency continues to be necessary and
 1162  consistent with the child’s short-term and long-term goals, and
 1163  must document efforts to help the child transition to a more
 1164  family-like setting.
 1165         (7)By October 1 of each year, the department shall report
 1166  to the Governor, the President of the Senate, and the Speaker of
 1167  the House of Representatives on the placement of children in
 1168  out-of-home care, including placements with relatives and
 1169  nonrelatives, family foster homes, and residential group care
 1170  during the year. At a minimum, the report must include, by
 1171  community-based care lead agency:
 1172         (a)The number of children placed with relatives and
 1173  nonrelatives, in family foster homes, and in residential group
 1174  care.
 1175         (b)An inventory of available services that are necessary
 1176  to maintain children in the least restrictive settings and a
 1177  plan for filling any identified gap in those services.
 1178         (c)The number of children who were placed based upon the
 1179  assessment.
 1180         (d)An inventory of existing placements for children by
 1181  type and by community-based care lead agency.
 1182         (e)The strategies being used by community-based care lead
 1183  agencies to recruit, train, and support an adequate number of
 1184  families to provide home-based family care.
 1185         (f)For every placement of a child made that is contrary to
 1186  an appropriate placement as determined by the assessment process
 1187  in this section, an explanation from the community-based care
 1188  lead agency as to why the placement was made.
 1189         Section 13. Subsection (1) of section 39.6011, Florida
 1190  Statutes, is amended to read:
 1191         39.6011 Case plan development.—
 1192         (1) The department shall prepare a draft of the case plan
 1193  for each child receiving services under this chapter. A parent
 1194  of a child may not be threatened or coerced with the loss of
 1195  custody or parental rights for failing to admit in the case plan
 1196  of abusing, neglecting, or abandoning a child. Participating in
 1197  the development of a case plan is not an admission to any
 1198  allegation of abuse, abandonment, or neglect, and it is not a
 1199  consent to a finding of dependency or termination of parental
 1200  rights. The case plan shall be developed subject to the
 1201  following requirements:
 1202         (a) The case plan must be developed in a face-to-face
 1203  conference with the parent of the child, any court-appointed
 1204  guardian ad litem, and, if appropriate, the child and the
 1205  temporary custodian of the child.
 1206         (b) Notwithstanding s. 39.202, the department may discuss
 1207  confidential information during the case planning conference in
 1208  the presence of individuals who participate in the conference.
 1209  All individuals who participate in the conference shall maintain
 1210  the confidentiality of all information shared during the case
 1211  planning conference.
 1212         (c)(b) The parent may receive assistance from any person or
 1213  social service agency in preparing the case plan. The social
 1214  service agency, the department, and the court, when applicable,
 1215  shall inform the parent of the right to receive such assistance,
 1216  including the right to assistance of counsel.
 1217         (d)(c) If a parent is unwilling or unable to participate in
 1218  developing a case plan, the department shall document that
 1219  unwillingness or inability to participate. The documentation
 1220  must be provided in writing to the parent when available for the
 1221  court record, and the department shall prepare a case plan
 1222  conforming as nearly as possible with the requirements set forth
 1223  in this section. The unwillingness or inability of the parent to
 1224  participate in developing a case plan does not preclude the
 1225  filing of a petition for dependency or for termination of
 1226  parental rights. The parent, if available, must be provided a
 1227  copy of the case plan and be advised that he or she may, at any
 1228  time before the filing of a petition for termination of parental
 1229  rights, enter into a case plan and that he or she may request
 1230  judicial review of any provision of the case plan with which he
 1231  or she disagrees at any court hearing set for the child.
 1232         Section 14. Subsection (1) of section 39.6012, Florida
 1233  Statutes, is amended to read:
 1234         39.6012 Case plan tasks; services.—
 1235         (1) The services to be provided to the parent and the tasks
 1236  that must be completed are subject to the following:
 1237         (a) The services described in the case plan must be
 1238  designed to improve the conditions in the home and aid in
 1239  maintaining the child in the home, facilitate the child’s safe
 1240  return to the home, ensure proper care of the child, or
 1241  facilitate the child’s permanent placement. The services offered
 1242  must be the least intrusive possible into the life of the parent
 1243  and child, must focus on clearly defined objectives, and must
 1244  provide the most efficient path to quick reunification or
 1245  permanent placement given the circumstances of the case and the
 1246  child’s need for safe and proper care.
 1247         (b) The case plan must describe each of the tasks with
 1248  which the parent must comply and the services to be provided to
 1249  the parent, specifically addressing the identified problem,
 1250  including:
 1251         1. The type of services or treatment.
 1252         2. The date the department will provide each service or
 1253  referral for the service if the service is being provided by the
 1254  department or its agent.
 1255         3. The date by which the parent must complete each task.
 1256         4. The frequency of services or treatment provided. The
 1257  frequency of the delivery of services or treatment provided
 1258  shall be determined by the professionals providing the services
 1259  or treatment on a case-by-case basis and adjusted according to
 1260  their best professional judgment.
 1261         5. The location of the delivery of the services.
 1262         6. The staff of the department or service provider
 1263  accountable for the services or treatment.
 1264         7. A description of the measurable objectives, including
 1265  the timeframes specified for achieving the objectives of the
 1266  case plan and addressing the identified problem.
 1267         (c)If there is evidence of harm as defined in s.
 1268  39.01(30)(g), the case plan must include as a required task for
 1269  the parent whose actions caused the harm that the parent submit
 1270  to a substance abuse disorder assessment or evaluation and
 1271  participate and comply with treatment and services identified in
 1272  the assessment or evaluation as being necessary.
 1273         Section 15. Subsection (7) is added to section 39.6221,
 1274  Florida Statutes, to read:
 1275         39.6221 Permanent guardianship of a dependent child.—
 1276         (7)The requirements of s. 61.13001 do not apply to
 1277  permanent guardianships established under this section.
 1278         Section 16. Paragraph (h) is added to subsection (1) of
 1279  section 39.701, Florida Statutes, to read:
 1280         39.701 Judicial review.—
 1281         (1) GENERAL PROVISIONS.—
 1282         (h) If a child is born into a family that is under the
 1283  court’s jurisdiction or a child moves into a home that is under
 1284  the court’s jurisdiction, the department shall assess the
 1285  child’s safety and provide notice to the court.
 1286         1. The department shall complete an assessment to determine
 1287  how the addition of a child will impact family functioning. The
 1288  assessment must be completed at least 30 days before a child is
 1289  expected to be born or to move into a home, or within 72 hours
 1290  after the department learns of the pregnancy or addition if the
 1291  child is expected to be born or to move into the home in less
 1292  than 30 days. The assessment shall be filed with the court.
 1293         2. Once a child is born into a family or a child moves into
 1294  the home, the department shall complete a progress update and
 1295  file it with the court.
 1296         3. The court has the discretion to hold a hearing on the
 1297  progress update filed by the department.
 1298         4. The department shall adopt rules to implement this
 1299  subsection.
 1300         Section 17. Subsection (3) of section 39.801, Florida
 1301  Statutes, is amended to read:
 1302         39.801 Procedures and jurisdiction; notice; service of
 1303  process.—
 1304         (3) Before the court may terminate parental rights, in
 1305  addition to the other requirements set forth in this part, the
 1306  following requirements must be met:
 1307         (a) Notice of the date, time, and place of the advisory
 1308  hearing for the petition to terminate parental rights and a copy
 1309  of the petition must be personally served upon the following
 1310  persons, specifically notifying them that a petition has been
 1311  filed:
 1312         1. The parents of the child.
 1313         2. The legal custodians of the child.
 1314         3. If the parents who would be entitled to notice are dead
 1315  or unknown, a living relative of the child, unless upon diligent
 1316  search and inquiry no such relative can be found.
 1317         4. Any person who has physical custody of the child.
 1318         5. Any grandparent entitled to priority for adoption under
 1319  s. 63.0425.
 1320         6. Any prospective parent who has been identified under s.
 1321  39.503 or s. 39.803, unless a court order has been entered
 1322  pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which
 1323  indicates no further notice is required. Except as otherwise
 1324  provided in this section, if there is not a legal father, notice
 1325  of the petition for termination of parental rights must be
 1326  provided to any known prospective father who is identified under
 1327  oath before the court or who is identified by a diligent search
 1328  of the Florida Putative Father Registry. Service of the notice
 1329  of the petition for termination of parental rights may not be
 1330  required if the prospective father executes an affidavit of
 1331  nonpaternity or a consent to termination of his parental rights
 1332  which is accepted by the court after notice and opportunity to
 1333  be heard by all parties to address the best interests of the
 1334  child in accepting such affidavit.
 1335         7. The guardian ad litem for the child or the
 1336  representative of the guardian ad litem program, if the program
 1337  has been appointed.
 1338  
 1339  The document containing the notice to respond or appear must
 1340  contain, in type at least as large as the type in the balance of
 1341  the document, the following or substantially similar language:
 1342  “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING
 1343  CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF
 1344  THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND
 1345  TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE
 1346  CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS
 1347  NOTICE.”
 1348         (b) If a party required to be served with notice as
 1349  prescribed in paragraph (a) cannot be served, notice of hearings
 1350  must be given as prescribed by the rules of civil procedure, and
 1351  service of process must be made as specified by law or civil
 1352  actions.
 1353         (c) Notice as prescribed by this section may be waived, in
 1354  the discretion of the judge, with regard to any person to whom
 1355  notice must be given under this subsection if the person
 1356  executes, before two witnesses and a notary public or other
 1357  officer authorized to take acknowledgments, a written surrender
 1358  of the child to a licensed child-placing agency or the
 1359  department.
 1360         (d) If the person served with notice under this section
 1361  fails to personally appear at the advisory hearing, the failure
 1362  to personally appear shall constitute consent for termination of
 1363  parental rights by the person given notice. If a parent appears
 1364  for the advisory hearing and the court orders that parent to
 1365  personally appear at the adjudicatory hearing for the petition
 1366  for termination of parental rights, stating the date, time, and
 1367  location of said hearing, then failure of that parent to
 1368  personally appear at the adjudicatory hearing shall constitute
 1369  consent for termination of parental rights.
 1370         Section 18. Section 39.803, Florida Statutes, is amended,
 1371  to read:
 1372         39.803 Identity or location of parent unknown after filing
 1373  of termination of parental rights petition; special procedures.—
 1374         (1) If the identity or location of a parent is unknown and
 1375  a petition for termination of parental rights is filed, the
 1376  court shall conduct under oath the following inquiry of the
 1377  parent who is available, or, if no parent is available, of any
 1378  relative, caregiver, or legal custodian of the child who is
 1379  present at the hearing and likely to have the information:
 1380         (a) Whether the mother of the child was married at the
 1381  probable time of conception of the child or at the time of birth
 1382  of the child.
 1383         (b) Whether the mother was cohabiting with a male at the
 1384  probable time of conception of the child.
 1385         (c) Whether the mother has received payments or promises of
 1386  support with respect to the child or because of her pregnancy
 1387  from a man who claims to be the father.
 1388         (d) Whether the mother has named any man as the father on
 1389  the birth certificate of the child or in connection with
 1390  applying for or receiving public assistance.
 1391         (e) Whether any man has acknowledged or claimed paternity
 1392  of the child in a jurisdiction in which the mother resided at
 1393  the time of or since conception of the child, or in which the
 1394  child has resided or resides.
 1395         (f) Whether a man is named on the birth certificate of the
 1396  child pursuant to s. 382.013(2).
 1397         (g) Whether a man has been determined by a court order to
 1398  be the father of the child.
 1399         (h) Whether a man has been determined by an administrative
 1400  proceeding to be the father of the child.
 1401         (2) The information required in subsection (1) may be
 1402  supplied to the court or the department in the form of a sworn
 1403  affidavit by a person having personal knowledge of the facts.
 1404         (3) If the inquiry under subsection (1) identifies any
 1405  person as a parent or prospective parent, the court shall
 1406  require notice of the hearing to be provided to that person.
 1407         (4) If the inquiry under subsection (1) fails to identify
 1408  any person as a parent or prospective parent, the court shall so
 1409  find and may proceed without further notice.
 1410         (5) If the inquiry under subsection (1) identifies a parent
 1411  or prospective parent, and that person’s location is unknown,
 1412  the court shall direct the petitioner to conduct a diligent
 1413  search for that person before scheduling an adjudicatory hearing
 1414  regarding the petition for termination of parental rights to the
 1415  child unless the court finds that the best interest of the child
 1416  requires proceeding without actual notice to the person whose
 1417  location is unknown.
 1418         (6) The diligent search required by subsection (5) must
 1419  include, at a minimum, inquiries of all known relatives of the
 1420  parent or prospective parent, inquiries of all offices of
 1421  program areas of the department likely to have information about
 1422  the parent or prospective parent, inquiries of other state and
 1423  federal agencies likely to have information about the parent or
 1424  prospective parent, inquiries of appropriate utility and postal
 1425  providers, a thorough search of at least one electronic database
 1426  specifically designed for locating persons, a search of the
 1427  Florida Putative Father Registry, and inquiries of appropriate
 1428  law enforcement agencies. Pursuant to s. 453 of the Social
 1429  Security Act, 42 U.S.C. s. 653(c)(4), the department, as the
 1430  state agency administering Titles IV-B and IV-E of the act,
 1431  shall be provided access to the federal and state parent locator
 1432  service for diligent search activities.
 1433         (7) Any agency contacted by petitioner with a request for
 1434  information pursuant to subsection (6) shall release the
 1435  requested information to the petitioner without the necessity of
 1436  a subpoena or court order.
 1437         (8) If the inquiry and diligent search identifies a
 1438  prospective parent, that person must be given the opportunity to
 1439  become a party to the proceedings by completing a sworn
 1440  affidavit of parenthood and filing it with the court or the
 1441  department. A prospective parent who files a sworn affidavit of
 1442  parenthood while the child is a dependent child but no later
 1443  than at the time of or before prior to the adjudicatory hearing
 1444  in the termination of parental rights proceeding for the child
 1445  shall be considered a parent for all purposes under this
 1446  section. If the prospective parent does not file a sworn
 1447  affidavit of parenthood or if the other parent contests the
 1448  determination of parenthood, the court may, after considering
 1449  the best interests of the child, order scientific testing to
 1450  determine the maternity or paternity of the child. The court
 1451  shall assess the cost of the paternity determination as a cost
 1452  of litigation. If the court finds the prospective parent to be a
 1453  parent as a result of the scientific testing, the court shall
 1454  enter a judgment of maternity or paternity, shall assess the
 1455  cost of the scientific testing to the parent, and shall enter an
 1456  amount of child support to be paid by the parent as determined
 1457  under s. 61.30. If the known parent contests the recognition of
 1458  the prospective parent as a parent, the prospective parent shall
 1459  not be recognized as a parent until proceedings to establish
 1460  paternity have been concluded. However, the prospective parent
 1461  shall continue to receive notice of hearings as a participant
 1462  until proceedings to establish paternity have been concluded.
 1463         (9) If the diligent search under subsection (5) fails to
 1464  identify and locate a prospective parent, the court shall so
 1465  find and may proceed without further notice.
 1466         Section 19. Paragraph (l) of subsection (1) of section
 1467  39.806, Florida Statutes, is amended, and subsections (2) and
 1468  (3) are republished, to read:
 1469         39.806 Grounds for termination of parental rights.—
 1470         (1) Grounds for the termination of parental rights may be
 1471  established under any of the following circumstances:
 1472         (l) On three or more occasions the child or another child
 1473  of the parent or parents has been placed in out-of-home care
 1474  pursuant to this chapter or the law of any state, territory, or
 1475  jurisdiction of the United States which is substantially similar
 1476  to this chapter, and the conditions that led to the child’s out
 1477  of-home placement were caused by the parent or parents.
 1478         (2) Reasonable efforts to preserve and reunify families are
 1479  not required if a court of competent jurisdiction has determined
 1480  that any of the events described in paragraphs (1)(b)-(d) or
 1481  paragraphs (1)(f)-(m) have occurred.
 1482         (3) If a petition for termination of parental rights is
 1483  filed under subsection (1), a separate petition for dependency
 1484  need not be filed and the department need not offer the parents
 1485  a case plan having a goal of reunification, but may instead file
 1486  with the court a case plan having a goal of termination of
 1487  parental rights to allow continuation of services until the
 1488  termination is granted or until further orders of the court are
 1489  issued.
 1490         Section 20. Subsection (6) of section 39.811, Florida
 1491  Statutes, is amended to read:
 1492         39.811 Powers of disposition; order of disposition.—
 1493         (6) The parental rights of one parent may be severed
 1494  without severing the parental rights of the other parent only
 1495  under the following circumstances:
 1496         (a) If the child has only one surviving parent;
 1497         (b) If the identity of a prospective parent has been
 1498  established as unknown after sworn testimony;
 1499         (c) If the parent whose rights are being terminated became
 1500  a parent through a single-parent adoption;
 1501         (d) If the protection of the child demands termination of
 1502  the rights of a single parent; or
 1503         (e) If the parent whose rights are being terminated meets
 1504  any of the criteria specified in s. 39.806(1)(c), (d), (f), (g),
 1505  (h), (i), (j), (k), (l), (m), or (n) and (f)-(m).
 1506         Section 21. Paragraph (b) of subsection (4) of section
 1507  125.901, Florida Statutes, is amended to read:
 1508         125.901 Children’s services; independent special district;
 1509  council; powers, duties, and functions; public records
 1510  exemption.—
 1511         (4)
 1512         (b)1.a. Notwithstanding paragraph (a), the governing body
 1513  of the county shall submit the question of retention or
 1514  dissolution of a district with voter-approved taxing authority
 1515  to the electorate in the general election according to the
 1516  following schedule:
 1517         (I) For a district in existence on July 1, 2010, and
 1518  serving a county with a population of 400,000 or fewer persons
 1519  as of that date............................................2014.
 1520         (II) For a district in existence on July 1, 2010, and
 1521  serving a county with a population of 2 million or more persons
 1522  as of that date, unless the governing body of the county has
 1523  previously submitted such question voluntarily to the electorate
 1524  for a second time since 2005,..............................2020.
 1525         b. A referendum by the electorate on or after July 1, 2010,
 1526  creating a new district with taxing authority may specify that
 1527  the district is not subject to reauthorization or may specify
 1528  the number of years for which the initial authorization shall
 1529  remain effective. If the referendum does not prescribe terms of
 1530  reauthorization, the governing body of the county shall submit
 1531  the question of retention or dissolution of the district to the
 1532  electorate in the general election 12 years after the initial
 1533  authorization.
 1534         2. The governing body of the district may specify, and
 1535  submit to the governing body of the county no later than 9
 1536  months before the scheduled election, that the district is not
 1537  subsequently subject to reauthorization or may specify the
 1538  number of years for which a reauthorization under this paragraph
 1539  shall remain effective. If the governing body of the district
 1540  makes such specification and submission, the governing body of
 1541  the county shall include that information in the question
 1542  submitted to the electorate. If the governing body of the
 1543  district does not specify and submit such information, the
 1544  governing body of the county shall resubmit the question of
 1545  reauthorization to the electorate every 12 years after the year
 1546  prescribed in subparagraph 1. The governing body of the district
 1547  may recommend to the governing body of the county language for
 1548  the question submitted to the electorate.
 1549         3. Nothing in this paragraph limits the authority to
 1550  dissolve a district as provided under paragraph (a).
 1551         4. Nothing in this paragraph precludes the governing body
 1552  of a district from requesting that the governing body of the
 1553  county submit the question of retention or dissolution of a
 1554  district with voter-approved taxing authority to the electorate
 1555  at a date earlier than the year prescribed in subparagraph 1. If
 1556  the governing body of the county accepts the request and submits
 1557  the question to the electorate, the governing body satisfies the
 1558  requirement of that subparagraph.
 1559  
 1560  If any district is dissolved pursuant to this subsection, each
 1561  county must first obligate itself to assume the debts,
 1562  liabilities, contracts, and outstanding obligations of the
 1563  district within the total millage available to the county
 1564  governing body for all county and municipal purposes as provided
 1565  for under s. 9, Art. VII of the State Constitution. Any district
 1566  may also be dissolved pursuant to part VII of chapter 189.
 1567  
 1568         Section 22. Paragraph (g) of subsection (4) of section
 1569  395.3025, Florida Statutes, is amended, and subsection (8) of
 1570  that section is republished, to read:
 1571         395.3025 Patient and personnel records; copies;
 1572  examination.—
 1573         (4) Patient records are confidential and must not be
 1574  disclosed without the consent of the patient or his or her legal
 1575  representative, but appropriate disclosure may be made without
 1576  such consent to:
 1577         (g) The Department of Children and Families, or its agent,
 1578  or its contracted entity, for the purpose of investigations of
 1579  or services for cases of abuse, neglect, or exploitation of
 1580  children or vulnerable adults.
 1581         (8) Patient records at hospitals and ambulatory surgical
 1582  centers are exempt from disclosure under s. 119.07(1), except as
 1583  provided by subsections (1)-(5).
 1584         Section 23. Subsections (2) and (6) of section 402.40,
 1585  Florida Statutes, are amended to read:
 1586         402.40 Child welfare training and certification.—
 1587         (2) DEFINITIONS.—As used in this section, the term:
 1588         (a) “Child welfare certification” means a professional
 1589  credential awarded by a department-approved third-party
 1590  credentialing entity to individuals demonstrating core
 1591  competency in any child welfare practice area.
 1592         (b) “Child welfare services” means any intake, protective
 1593  investigations, preprotective services, protective services,
 1594  foster care, shelter and group care, and adoption and related
 1595  services program, including supportive services and supervision
 1596  provided to children who are alleged to have been abused,
 1597  abandoned, or neglected or who are at risk of becoming, are
 1598  alleged to be, or have been found dependent pursuant to chapter
 1599  39.
 1600         (c)“Child welfare trainer” means any person providing
 1601  training for the purposes of child welfare professionals earning
 1602  certification.
 1603         (d)(c) “Core competency” means the minimum knowledge,
 1604  skills, and abilities necessary to carry out work
 1605  responsibilities.
 1606         (e)(d) “Person providing child welfare services” means a
 1607  person who has a responsibility for supervisory, direct care, or
 1608  support-related work in the provision of child welfare services
 1609  pursuant to chapter 39.
 1610         (f)(e) “Preservice curriculum” means the minimum statewide
 1611  training content based upon the core competencies which is made
 1612  available to all persons providing child welfare services.
 1613         (g)(f) “Third-party credentialing entity” means a
 1614  department-approved nonprofit organization that has met
 1615  nationally recognized standards for developing and administering
 1616  professional certification programs.
 1617         (6) ADOPTION OF RULES.—The Department of Children and
 1618  Families shall adopt rules necessary to carry out the provisions
 1619  of this section, including the requirements for child welfare
 1620  trainers.
 1621         Section 24. Section 409.992, Florida Statutes, is amended
 1622  to read:
 1623         409.992 Lead agency expenditures.—
 1624         (1) The procurement of commodities or contractual services
 1625  by lead agencies shall be governed by the financial guidelines
 1626  developed by the department and must comply with applicable
 1627  state and federal law and follow good business practices.
 1628  Pursuant to s. 11.45, the Auditor General may provide technical
 1629  advice in the development of the financial guidelines.
 1630         (2) Notwithstanding any other provision of law, a
 1631  community-based care lead agency may make expenditures for staff
 1632  cellular telephone allowances, contracts requiring deferred
 1633  payments and maintenance agreements, security deposits for
 1634  office leases, related agency professional membership dues other
 1635  than personal professional membership dues, promotional
 1636  materials, and grant writing services. Expenditures for food and
 1637  refreshments, other than those provided to clients in the care
 1638  of the agency or to foster parents, adoptive parents, and
 1639  caseworkers during training sessions, are not allowable.
 1640         (3) Notwithstanding any other provision of law, a
 1641  community-based care lead agency administrative employee may not
 1642  receive a salary, whether base pay or base pay combined with any
 1643  bonus or incentive payments, in excess of the salary paid to the
 1644  secretary of the Department of Children and Families from state
 1645  appropriated funds, including state-appropriated federal funds.
 1646  This subsection does not prohibit any party from providing cash
 1647  that is not from appropriated state funds to a community-based
 1648  care lead agency administrative employee.
 1649         (4)(3) A lead community-based care agency and its
 1650  subcontractors are exempt from state travel policies as provided
 1651  in s. 112.061(3)(a) for their travel expenses incurred in order
 1652  to comply with the requirements of this section.
 1653         Section 25. Paragraph (a) of subsection (7) of section
 1654  456.057, Florida Statutes, is amended to read:
 1655         456.057 Ownership and control of patient records; report or
 1656  copies of records to be furnished; disclosure of information.—
 1657         (7)(a) Except as otherwise provided in this section and in
 1658  s. 440.13(4)(c), such records may not be furnished to, and the
 1659  medical condition of a patient may not be discussed with, any
 1660  person other than the patient, the patient’s legal
 1661  representative, or other health care practitioners and providers
 1662  involved in the patient’s care or treatment, except upon written
 1663  authorization from the patient. However, such records may be
 1664  furnished without written authorization under the following
 1665  circumstances:
 1666         1. To any person, firm, or corporation that has procured or
 1667  furnished such care or treatment with the patient’s consent.
 1668         2. When compulsory physical examination is made pursuant to
 1669  Rule 1.360, Florida Rules of Civil Procedure, in which case
 1670  copies of the medical records shall be furnished to both the
 1671  defendant and the plaintiff.
 1672         3. In any civil or criminal action, unless otherwise
 1673  prohibited by law, upon the issuance of a subpoena from a court
 1674  of competent jurisdiction and proper notice to the patient or
 1675  the patient’s legal representative by the party seeking such
 1676  records.
 1677         4. For statistical and scientific research, provided the
 1678  information is abstracted in such a way as to protect the
 1679  identity of the patient or provided written permission is
 1680  received from the patient or the patient’s legal representative.
 1681         5. To a regional poison control center for purposes of
 1682  treating a poison episode under evaluation, case management of
 1683  poison cases, or compliance with data collection and reporting
 1684  requirements of s. 395.1027 and the professional organization
 1685  that certifies poison control centers in accordance with federal
 1686  law.
 1687         6.To the Department of Children and Families, its agent,
 1688  or its contracted entity, for the purpose of investigations of
 1689  or services for cases of abuse, neglect, or exploitation of
 1690  children or vulnerable adults.
 1691         Section 26. Section 409.141, Florida Statutes, is repealed.
 1692         Section 27. Section 409.1677, Florida Statutes, is
 1693  repealed.
 1694         Section 28. Subsection (1) of section 39.524, Florida
 1695  Statutes, is amended to read:
 1696         39.524 Safe-harbor placement.—
 1697         (1) Except as provided in s. 39.407 or s. 985.801, a
 1698  dependent child 6 years of age or older who has been found to be
 1699  a victim of sexual exploitation as defined in s. 39.01 s.
 1700  39.01(70)(g) must be assessed for placement in a safe house or
 1701  safe foster home as provided in s. 409.1678 using the initial
 1702  screening and assessment instruments provided in s. 409.1754(1).
 1703  If such placement is determined to be appropriate for the child
 1704  as a result of this assessment, the child may be placed in a
 1705  safe house or safe foster home, if one is available. However,
 1706  the child may be placed in another setting, if the other setting
 1707  is more appropriate to the child’s needs or if a safe house or
 1708  safe foster home is unavailable, as long as the child’s
 1709  behaviors are managed so as not to endanger other children
 1710  served in that setting.
 1711         Section 29. Paragraph (p) of subsection (4) of section
 1712  394.495, Florida Statutes, is amended to read:
 1713         394.495 Child and adolescent mental health system of care;
 1714  programs and services.—
 1715         (4) The array of services may include, but is not limited
 1716  to:
 1717         (p) Trauma-informed services for children who have suffered
 1718  sexual exploitation as defined in s. 39.01 s. 39.01(70)(g).
 1719         Section 30. Paragraph (c) of subsection (1) and paragraphs
 1720  (a) and (b) of subsection (6) of section 409.1678, Florida
 1721  Statutes, are amended to read:
 1722         409.1678 Specialized residential options for children who
 1723  are victims of sexual exploitation.—
 1724         (1) DEFINITIONS.—As used in this section, the term:
 1725         (c) “Sexually exploited child” means a child who has
 1726  suffered sexual exploitation as defined in s. 39.01 s.
 1727  39.01(70)(g) and is ineligible for relief and benefits under the
 1728  federal Trafficking Victims Protection Act, 22 U.S.C. ss. 7101
 1729  et seq.
 1730         (6) LOCATION INFORMATION.—
 1731         (a) Information about the location of a safe house, safe
 1732  foster home, or other residential facility serving victims of
 1733  sexual exploitation, as defined in s. 39.01 s. 39.01(70)(g),
 1734  which is held by an agency, as defined in s. 119.011, is
 1735  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1736  of the State Constitution. This exemption applies to such
 1737  confidential and exempt information held by an agency before,
 1738  on, or after the effective date of the exemption.
 1739         (b) Information about the location of a safe house, safe
 1740  foster home, or other residential facility serving victims of
 1741  sexual exploitation, as defined in s. 39.01 s. 39.01(70)(g), may
 1742  be provided to an agency, as defined in s. 119.011, as necessary
 1743  to maintain health and safety standards and to address emergency
 1744  situations in the safe house, safe foster home, or other
 1745  residential facility.
 1746         Section 31. Subsection (5) of section 960.065, Florida
 1747  Statutes, is amended to read:
 1748         960.065 Eligibility for awards.—
 1749         (5) A person is not ineligible for an award pursuant to
 1750  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 1751  person is a victim of sexual exploitation of a child as defined
 1752  in s. 39.01 s. 39.01(70)(g).
 1753         Section 32. Section 409.1679, Florida Statutes, is amended
 1754  to read:
 1755         409.1679 Additional requirements; reimbursement
 1756  methodology.—
 1757         (1) Each program established under s. 409.1676 ss. 409.1676
 1758  and 409.1677 must meet the following expectations, which must be
 1759  included in its contracts with the department or lead agency:
 1760         (a) No more than 10 percent of the children served may move
 1761  from one living environment to another, unless the child is
 1762  returned to family members or is moved, in accordance with the
 1763  treatment plan, to a less-restrictive setting. Each child must
 1764  have a comprehensive transitional plan that identifies the
 1765  child’s living arrangement upon leaving the program and specific
 1766  steps and services that are being provided to prepare for that
 1767  arrangement. Specific expectations as to the time period
 1768  necessary for the achievement of these permanency goals must be
 1769  included in the contract.
 1770         (b) Each child must receive a full academic year of
 1771  appropriate educational instruction. No more than 10 percent of
 1772  the children may be in more than one academic setting in an
 1773  academic year, unless the child is being moved, in accordance
 1774  with an educational plan, to a less-restrictive setting. Each
 1775  child must demonstrate academic progress and must be performing
 1776  at grade level or at a level commensurate with a valid academic
 1777  assessment.
 1778         (c) Siblings must be kept together in the same living
 1779  environment 100 percent of the time, unless that is determined
 1780  by the provider not to be in the children’s best interest. When
 1781  siblings are separated in placement, the decision must be
 1782  reviewed and approved by the court within 30 days.
 1783         (d) The program must experience a caregiver turnover rate
 1784  and an incidence of child runaway episodes which are at least 50
 1785  percent below the rates experienced in the rest of the state.
 1786         (e) In addition to providing a comprehensive assessment,
 1787  the program must provide, 100 percent of the time, any or all of
 1788  the following services that are indicated through the
 1789  assessment: residential care; transportation; behavioral health
 1790  services; recreational activities; clothing, supplies, and
 1791  miscellaneous expenses associated with caring for these
 1792  children; necessary arrangements for or provision of educational
 1793  services; and necessary and appropriate health and dental care.
 1794         (f) The children who are served in this program must be
 1795  satisfied with the services and living environment.
 1796         (g) The caregivers must be satisfied with the program.
 1797         (2) Notwithstanding the provisions of s. 409.141, The
 1798  Department of Children and Families shall fairly and reasonably
 1799  reimburse the programs established under s. 409.1676 ss.
 1800  409.1676 and 409.1677 based on a prospective per diem rate,
 1801  which must be specified annually in the General Appropriations
 1802  Act. Funding for these programs shall be made available from
 1803  resources appropriated and identified in the General
 1804  Appropriations Act.
 1805         Section 33. Subsection (11) of section 1002.3305, Florida
 1806  Statutes, is amended to read:
 1807         1002.3305 College-Preparatory Boarding Academy Pilot
 1808  Program for at-risk students.—
 1809         (11) STUDENT HOUSING.—Notwithstanding s. 409.176 ss.
 1810  409.1677(3)(d) and 409.176 or any other provision of law, an
 1811  operator may house and educate dependent, at-risk youth in its
 1812  residential school for the purpose of facilitating the mission
 1813  of the program and encouraging innovative practices.
 1814         Section 34. For the purpose of incorporating the amendment
 1815  made by this act to section 456.057, Florida Statutes, in a
 1816  reference thereto, subsection (2) of section 483.181, Florida
 1817  Statutes, is reenacted to read:
 1818         483.181 Acceptance, collection, identification, and
 1819  examination of specimens.—
 1820         (2) The results of a test must be reported directly to the
 1821  licensed practitioner or other authorized person who requested
 1822  it, and appropriate disclosure may be made by the clinical
 1823  laboratory without a patient’s consent to other health care
 1824  practitioners and providers involved in the care or treatment of
 1825  the patient as specified in s. 456.057(7)(a). The report must
 1826  include the name and address of the clinical laboratory in which
 1827  the test was actually performed, unless the test was performed
 1828  in a hospital laboratory and the report becomes an integral part
 1829  of the hospital record.
 1830         Section 35. This act shall take effect July 1, 2017.