Florida Senate - 2017                             CS for SB 1044
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senators Garcia and Campbell
       
       
       
       
       586-02390-17                                          20171044c1
    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; authorizing the department to adopt rules;
   62         amending s. 39.6011, F.S.; providing requirements for
   63         confidential information in a case planning
   64         conference; providing restrictions; amending s.
   65         39.6012, F.S.; providing for assessment and program
   66         compliance for a parent who caused harm to a child by
   67         exposing the child to a controlled substance; amending
   68         s. 39.6221, F.S.; providing that relocation
   69         requirements for parents in dissolution proceedings do
   70         not apply to permanent guardianships; amending s.
   71         39.701, F.S.; providing safety assessment requirements
   72         for children coming into a home under court
   73         jurisdiction; granting rulemaking authority; amending
   74         s. 39.801, F.S.; providing an exception to the notice
   75         requirement regarding the advisory hearing for a
   76         petition to terminate parental rights; amending s.
   77         39.803, F.S.; requiring a court to conduct under oath
   78         the inquiry to determine the identity or location of
   79         an unknown parent after the filing of a termination of
   80         parental rights petition; requiring a court to seek
   81         additional information relating to a legal father’s
   82         identity in such inquiry; revising minimum
   83         requirements for the diligent search to determine the
   84         location of a parent or prospective parent;
   85         authorizing the court to order scientific testing to
   86         determine parentage if certain conditions exist;
   87         amending s. 39.806, F.S.; revising circumstances under
   88         which grounds for the termination of parental rights
   89         may be established; amending s. 39.811, F.S.; revising
   90         circumstances under which the rights of one parent may
   91         be terminated without terminating the rights of the
   92         other parent; amending s. 125.901, F.S.; creating an
   93         exception to the requirement that, for an independent
   94         special district in existence on a certain date and
   95         serving a population of a specified size, the
   96         governing body of the county submit the question of
   97         the district’s retention or dissolution to the
   98         electorate in a specified general election; amending
   99         s. 322.051, F.S., providing a requirement for an
  100         identification card for certified unaccompanied or
  101         homeless youth; amending s. 395.3025, F.S.; revising
  102         requirements for access to patient records; amending
  103         s. 402.40, F.S.; defining the term “child welfare
  104         trainer”; providing rulemaking authority; amending s.
  105         409.992, F.S.; limiting compensation from state
  106         appropriated funds for administrative employees of
  107         community-based care agencies; amending s. 456.057,
  108         F.S.; revising requirements for access to patient
  109         records; repealing s. 409.141, F.S., relating to
  110         equitable reimbursement methodology; repealing s.
  111         409.1677, F.S., relating to model comprehensive
  112         residential services programs; amending s. 743.067,
  113         F.S.; defining the term “certified unaccompanied
  114         homeless youth”; requiring the Office on Homelessness
  115         within the Department of Children and Families to
  116         develop a standardized form to be used in the
  117         certification process; providing information that must
  118         be included in the form; authorizing a certified
  119         unaccompanied homeless youth to apply at no charge to
  120         the Department of Highway Safety and Motor Vehicles
  121         for an identification card; conforming terminology;
  122         amending s. 1009.25, F.S.; revising fee exemption
  123         requirements related to homeless students; amending
  124         ss. 39.524, 394.495, 409.1678, and 960.065, F.S.;
  125         conforming cross-references; amending ss. 409.1679 and
  126         1002.3305, F.S.; conforming provisions to changes made
  127         by the act; reenacting s. 483.181(2), F.S., relating
  128         to acceptance, collection, identification, and
  129         examination of specimens, to incorporate the amendment
  130         made to s. 456.057, F.S., in a reference thereto;
  131         providing an effective date.
  132          
  133  Be It Enacted by the Legislature of the State of Florida:
  134  
  135         Section 1. Present subsections (35) through (80) of section
  136  39.01, Florida Statutes, are redesignated as subsections (36)
  137  through (81), respectively, a new subsection (35) is added to
  138  that section, and subsections (10) and (32) and present
  139  subsection (49) of that section are amended, to read:
  140         39.01 Definitions.—When used in this chapter, unless the
  141  context otherwise requires:
  142         (10) “Caregiver” means the parent, legal custodian,
  143  permanent guardian, adult household member, or other person
  144  responsible for a child’s welfare as defined in subsection (48)
  145  (47).
  146         (32) “Institutional child abuse or neglect” means
  147  situations of known or suspected child abuse or neglect in which
  148  the person allegedly perpetrating the child abuse or neglect is
  149  an employee of a private school, public or private day care
  150  center, residential home, institution, facility, or agency or
  151  any other person at such institution responsible for the child’s
  152  care as defined in subsection (48) (47).
  153         (35) “Legal father” means a man married to the mother at
  154  the time of conception or birth of their child, unless paternity
  155  has been otherwise determined by a court of competent
  156  jurisdiction. If no man was married to the mother at the time of
  157  birth or conception of the child, the term “legal father” means
  158  a man named on the birth certificate of the child pursuant to s.
  159  382.013(2), a man determined by a court order to be the father
  160  of the child, or a man determined by an administrative
  161  proceeding to be the father of the child.
  162         (50)(49) “Parent” means a woman who gives birth to a child
  163  and a man whose consent to the adoption of the child would be
  164  required under s. 63.062(1). Parent” also means a man married
  165  to the mother at the time of conception or birth of their child,
  166  unless paternity has been otherwise determined by a court of
  167  competent jurisdiction. If no man was married to the mother at
  168  the time of birth or conception of the child, the term “legal
  169  father” means a man named on the birth certificate of the child
  170  pursuant to s. 382.013(2), a man determined by court order to be
  171  the father of the child, or a man determined by an
  172  administrative proceeding to be the father of the child. If a
  173  child has been legally adopted, the term “parent” means the
  174  adoptive mother or father of the child. For purposes of this
  175  chapter only, when the phrase “parent or legal custodian” is
  176  used, it refers to rights or responsibilities of the parent and,
  177  only if there is no living parent with intact parental rights,
  178  to the rights or responsibilities of the legal custodian who has
  179  assumed the role of the parent. The term does not include an
  180  individual whose parental relationship to the child has been
  181  legally terminated, or an alleged or prospective parent, unless:
  182         (a) The parental status falls within the terms of s.
  183  39.503(1) or s. 63.062(1); or
  184         (b) Parental status is applied for the purpose of
  185  determining whether the child has been abandoned.
  186         Section 2. Subsection (6) of section 39.201, Florida
  187  Statutes, is amended to read:
  188         39.201 Mandatory reports of child abuse, abandonment, or
  189  neglect; mandatory reports of death; central abuse hotline.—
  190         (6) Information in the central abuse hotline may not be
  191  used for employment screening, except as provided in s.
  192  39.202(2)(a) and (h) or s. 402.302(15). Information in the
  193  central abuse hotline and the department’s automated abuse
  194  information system may be used by the department, its authorized
  195  agents or contract providers, the Department of Health, or
  196  county agencies as part of the licensure or registration process
  197  pursuant to ss. 402.301-402.319 and ss. 409.175-409.176.
  198  Pursuant to s. 39.202(2)(q), the information in the central
  199  abuse hotline may also be used by the Department of Education
  200  for purposes of educator certification discipline and review.
  201  Additionally, in accordance with s. 409.145(2)(e), the
  202  information in the central abuse hotline may be used for
  203  employment screening for caregivers at residential group homes.
  204         Section 3. Paragraph (a) of subsection (9) of section
  205  39.301, Florida Statutes, is amended, and subsection (23) is
  206  added to that section, to read:
  207         39.301 Initiation of protective investigations.—
  208         (9)(a) For each report received from the central abuse
  209  hotline and accepted for investigation, the department or the
  210  sheriff providing child protective investigative services under
  211  s. 39.3065, shall perform the following child protective
  212  investigation activities to determine child safety:
  213         1. Conduct a review of all relevant, available information
  214  specific to the child and family and alleged maltreatment;
  215  family child welfare history; local, state, and federal criminal
  216  records checks; and requests for law enforcement assistance
  217  provided by the abuse hotline. Based on a review of available
  218  information, including the allegations in the current report, a
  219  determination shall be made as to whether immediate consultation
  220  should occur with law enforcement, the child protection team, a
  221  domestic violence shelter or advocate, or a substance abuse or
  222  mental health professional. Such consultations should include
  223  discussion as to whether a joint response is necessary and
  224  feasible. A determination shall be made as to whether the person
  225  making the report should be contacted before the face-to-face
  226  interviews with the child and family members.
  227         2. Conduct face-to-face interviews with the child; other
  228  siblings, if any; and the parents, legal custodians, or
  229  caregivers.
  230         3. Assess the child’s residence, including a determination
  231  of the composition of the family and household, including the
  232  name, address, date of birth, social security number, sex, and
  233  race of each child named in the report; any siblings or other
  234  children in the same household or in the care of the same
  235  adults; the parents, legal custodians, or caregivers; and any
  236  other adults in the same household.
  237         4. Determine whether there is any indication that any child
  238  in the family or household has been abused, abandoned, or
  239  neglected; the nature and extent of present or prior injuries,
  240  abuse, or neglect, and any evidence thereof; and a determination
  241  as to the person or persons apparently responsible for the
  242  abuse, abandonment, or neglect, including the name, address,
  243  date of birth, social security number, sex, and race of each
  244  such person.
  245         5. Complete assessment of immediate child safety for each
  246  child based on available records, interviews, and observations
  247  with all persons named in subparagraph 2. and appropriate
  248  collateral contacts, which may include other professionals. The
  249  department’s child protection investigators are hereby
  250  designated a criminal justice agency for the purpose of
  251  accessing criminal justice information to be used for enforcing
  252  this state’s laws concerning the crimes of child abuse,
  253  abandonment, and neglect. This information shall be used solely
  254  for purposes supporting the detection, apprehension,
  255  prosecution, pretrial release, posttrial release, or
  256  rehabilitation of criminal offenders or persons accused of the
  257  crimes of child abuse, abandonment, or neglect and may not be
  258  further disseminated or used for any other purpose.
  259         6. Document the present and impending dangers to each child
  260  based on the identification of inadequate protective capacity
  261  through utilization of a standardized safety assessment
  262  instrument. If present or impending danger is identified, the
  263  child protective investigator must implement a safety plan or
  264  take the child into custody. If present danger is identified and
  265  the child is not removed, the child protective investigator
  266  shall create and implement a safety plan before leaving the home
  267  or the location where there is present danger. If impending
  268  danger is identified, the child protective investigator shall
  269  create and implement a safety plan as soon as necessary to
  270  protect the safety of the child. The child protective
  271  investigator may modify the safety plan if he or she identifies
  272  additional impending danger.
  273         a. If the child protective investigator implements a safety
  274  plan, the plan must be specific, sufficient, feasible, and
  275  sustainable in response to the realities of the present or
  276  impending danger. A safety plan may be an in-home plan or an
  277  out-of-home plan, or a combination of both. A safety plan may
  278  include tasks or responsibilities for a parent, caregiver, or
  279  legal custodian. However, a safety plan may not rely on
  280  promissory commitments by the parent, caregiver, or legal
  281  custodian who is currently not able to protect the child or on
  282  services that are not available or will not result in the safety
  283  of the child. A safety plan may not be implemented if for any
  284  reason the parents, guardian, or legal custodian lacks the
  285  capacity or ability to comply with the plan. If the department
  286  is not able to develop a plan that is specific, sufficient,
  287  feasible, and sustainable, the department shall file a shelter
  288  petition. A child protective investigator shall implement
  289  separate safety plans for the perpetrator of domestic violence,
  290  if the investigator, using reasonable efforts, is able to locate
  291  the perpetrator to implement a safety plan, and for the parent
  292  who is a victim of domestic violence as defined in s. 741.28.
  293  Reasonable efforts to locate a perpetrator include, but are not
  294  limited to, a diligent search pursuant to the same requirements
  295  as in s. 39.503. If the perpetrator of domestic violence is not
  296  the parent, guardian, or legal custodian of any child in the
  297  home and if the department does not intend to file a shelter
  298  petition or dependency petition that will assert allegations
  299  against the perpetrator as a parent of a child in the home the
  300  child, the child protective investigator shall seek issuance of
  301  an injunction authorized by s. 39.504 to implement a safety plan
  302  for the perpetrator and impose any other conditions to protect
  303  the child. The safety plan for the parent who is a victim of
  304  domestic violence may not be shared with the perpetrator. If any
  305  party to a safety plan fails to comply with the safety plan
  306  resulting in the child being unsafe, the department shall file a
  307  shelter petition.
  308         b. The child protective investigator shall collaborate with
  309  the community-based care lead agency in the development of the
  310  safety plan as necessary to ensure that the safety plan is
  311  specific, sufficient, feasible, and sustainable. The child
  312  protective investigator shall identify services necessary for
  313  the successful implementation of the safety plan. The child
  314  protective investigator and the community-based care lead agency
  315  shall mobilize service resources to assist all parties in
  316  complying with the safety plan. The community-based care lead
  317  agency shall prioritize safety plan services to families who
  318  have multiple risk factors, including, but not limited to, two
  319  or more of the following:
  320         (I) The parent or legal custodian is of young age;
  321         (II) The parent or legal custodian, or an adult currently
  322  living in or frequently visiting the home, has a history of
  323  substance abuse, mental illness, or domestic violence;
  324         (III) The parent or legal custodian, or an adult currently
  325  living in or frequently visiting the home, has been previously
  326  found to have physically or sexually abused a child;
  327         (IV) The parent or legal custodian or an adult currently
  328  living in or frequently visiting the home has been the subject
  329  of multiple allegations by reputable reports of abuse or
  330  neglect;
  331         (V) The child is physically or developmentally disabled; or
  332         (VI) The child is 3 years of age or younger.
  333         c. The child protective investigator shall monitor the
  334  implementation of the plan to ensure the child’s safety until
  335  the case is transferred to the lead agency at which time the
  336  lead agency shall monitor the implementation.
  337         (23) If, at any time during a child protective
  338  investigation, a child is born into a family under investigation
  339  or a child moves into the home under investigation, the child
  340  protective investigator shall add the child to the investigation
  341  and assess the child’s safety pursuant to subsection (7) and
  342  paragraph (9)(a).
  343         Section 4. Subsections (1) and (7) of section 39.302,
  344  Florida Statutes, are amended to read:
  345         39.302 Protective investigations of institutional child
  346  abuse, abandonment, or neglect.—
  347         (1) The department shall conduct a child protective
  348  investigation of each report of institutional child abuse,
  349  abandonment, or neglect. Upon receipt of a report that alleges
  350  that an employee or agent of the department, or any other entity
  351  or person covered by s. 39.01(32) or (48) s. 39.01(32) or (47),
  352  acting in an official capacity, has committed an act of child
  353  abuse, abandonment, or neglect, the department shall initiate a
  354  child protective investigation within the timeframe established
  355  under s. 39.201(5) and notify the appropriate state attorney,
  356  law enforcement agency, and licensing agency, which shall
  357  immediately conduct a joint investigation, unless independent
  358  investigations are more feasible. When conducting investigations
  359  or having face-to-face interviews with the child, investigation
  360  visits shall be unannounced unless it is determined by the
  361  department or its agent that unannounced visits threaten the
  362  safety of the child. If a facility is exempt from licensing, the
  363  department shall inform the owner or operator of the facility of
  364  the report. Each agency conducting a joint investigation is
  365  entitled to full access to the information gathered by the
  366  department in the course of the investigation. A protective
  367  investigation must include an interview with the child’s parent
  368  or legal guardian. The department shall make a full written
  369  report to the state attorney within 3 working days after making
  370  the oral report. A criminal investigation shall be coordinated,
  371  whenever possible, with the child protective investigation of
  372  the department. Any interested person who has information
  373  regarding the offenses described in this subsection may forward
  374  a statement to the state attorney as to whether prosecution is
  375  warranted and appropriate. Within 15 days after the completion
  376  of the investigation, the state attorney shall report the
  377  findings to the department and shall include in the report a
  378  determination of whether or not prosecution is justified and
  379  appropriate in view of the circumstances of the specific case.
  380         (7) When an investigation of institutional abuse, neglect,
  381  or abandonment is closed and a person is not identified as a
  382  caregiver responsible for the abuse, neglect, or abandonment
  383  alleged in the report, the fact that the person is named in some
  384  capacity in the report may not be used in any way to adversely
  385  affect the interests of that person. This prohibition applies to
  386  any use of the information in employment screening, licensing,
  387  child placement, adoption, or any other decisions by a private
  388  adoption agency or a state agency or its contracted providers.
  389         (a)However, if such a person is a licensee of the
  390  department and is named in any capacity in three or more reports
  391  within a 5-year period, the department may review those reports
  392  and determine whether the information contained in the reports
  393  is relevant for purposes of determining whether the person’s
  394  license should be renewed or revoked. If the information is
  395  relevant to the decision to renew or revoke the license, the
  396  department may rely on the information contained in the report
  397  in making that decision.
  398         (b)Likewise, if a person is employed as a caregiver in a
  399  residential group home licensed pursuant to s. 409.175 and is
  400  named in any capacity in three or more reports within a 5-year
  401  period, all reports may be reviewed for the purposes of the
  402  employment screening required pursuant to s. 409.145(2)(e).
  403         Section 5. Paragraph (c) of subsection (8) of section
  404  39.402, Florida Statutes, is amended to read:
  405         39.402 Placement in a shelter.—
  406         (8)
  407         (c) At the shelter hearing, the court shall:
  408         1. Appoint a guardian ad litem to represent the best
  409  interest of the child, unless the court finds that such
  410  representation is unnecessary;
  411         2. Inform the parents or legal custodians of their right to
  412  counsel to represent them at the shelter hearing and at each
  413  subsequent hearing or proceeding, and the right of the parents
  414  to appointed counsel, pursuant to the procedures set forth in s.
  415  39.013; and
  416         3. Give the parents or legal custodians an opportunity to
  417  be heard and to present evidence; and
  418         4.Inquire of those present at the shelter hearing as to
  419  the identity and location of the legal father. In determining
  420  who the legal father of the child may be, the court shall
  421  inquire under oath of those present at the shelter hearing
  422  whether they have any of the following information:
  423         a. Whether the mother of the child was married at the
  424  probable time of conception of the child or at the time of birth
  425  of the child.
  426         b. Whether the mother was cohabiting with a male at the
  427  probable time of conception of the child.
  428         c. Whether the mother has received payments or promises of
  429  support with respect to the child or because of her pregnancy
  430  from a man who claims to be the father.
  431         d. Whether the mother has named any man as the father on
  432  the birth certificate of the child or in connection with
  433  applying for or receiving public assistance.
  434         e. Whether any man has acknowledged or claimed paternity of
  435  the child in a jurisdiction in which the mother resided at the
  436  time of or since conception of the child or in which the child
  437  has resided or resides.
  438         f. Whether a man is named on the birth certificate of the
  439  child pursuant to s. 382.013(2).
  440         g. Whether a man has been determined by a court order to be
  441  the father of the child.
  442         h. Whether a man has been determined by an administrative
  443  proceeding to be the father of the child.
  444         Section 6. Subsections (1), (6), and (8) of section 39.503,
  445  Florida Statutes, are amended, subsection (9) is added to that
  446  section, and subsection (7) of that section is republished, to
  447  read:
  448         39.503 Identity or location of parent unknown; special
  449  procedures.—
  450         (1) If the identity or location of a parent is unknown and
  451  a petition for dependency or shelter is filed, the court shall
  452  conduct under oath the following inquiry of the parent or legal
  453  custodian who is available, or, if no parent or legal custodian
  454  is available, of any relative or custodian of the child who is
  455  present at the hearing and likely to have any of the following
  456  information:
  457         (a) Whether the mother of the child was married at the
  458  probable time of conception of the child or at the time of birth
  459  of the child.
  460         (b) Whether the mother was cohabiting with a male at the
  461  probable time of conception of the child.
  462         (c) Whether the mother has received payments or promises of
  463  support with respect to the child or because of her pregnancy
  464  from a man who claims to be the father.
  465         (d) Whether the mother has named any man as the father on
  466  the birth certificate of the child or in connection with
  467  applying for or receiving public assistance.
  468         (e) Whether any man has acknowledged or claimed paternity
  469  of the child in a jurisdiction in which the mother resided at
  470  the time of or since conception of the child, or in which the
  471  child has resided or resides.
  472         (f) Whether a man is named on the birth certificate of the
  473  child pursuant to s. 382.013(2).
  474         (g) Whether a man has been determined by a court order to
  475  be the father of the child.
  476         (h) Whether a man has been determined by an administrative
  477  proceeding to be the father of the child.
  478         (6) The diligent search required by subsection (5) must
  479  include, at a minimum, inquiries of all relatives of the parent
  480  or prospective parent made known to the petitioner, inquiries of
  481  all offices of program areas of the department likely to have
  482  information about the parent or prospective parent, inquiries of
  483  other state and federal agencies likely to have information
  484  about the parent or prospective parent, inquiries of appropriate
  485  utility and postal providers, a thorough search of at least one
  486  electronic database specifically designed for locating persons,
  487  a search of the Florida Putative Father Registry, and inquiries
  488  of appropriate law enforcement agencies. Pursuant to s. 453 of
  489  the Social Security Act, 42 U.S.C. s. 653(c)(4), the department,
  490  as the state agency administering Titles IV-B and IV-E of the
  491  act, shall be provided access to the federal and state parent
  492  locator service for diligent search activities.
  493         (7) Any agency contacted by a petitioner with a request for
  494  information pursuant to subsection (6) shall release the
  495  requested information to the petitioner without the necessity of
  496  a subpoena or court order.
  497         (8) If the inquiry and diligent search identifies a
  498  prospective parent, that person must be given the opportunity to
  499  become a party to the proceedings by completing a sworn
  500  affidavit of parenthood and filing it with the court or the
  501  department. A prospective parent who files a sworn affidavit of
  502  parenthood while the child is a dependent child but no later
  503  than at the time of or before prior to the adjudicatory hearing
  504  in any termination of parental rights proceeding for the child
  505  shall be considered a parent for all purposes under this section
  506  unless the other parent contests the determination of
  507  parenthood. If the prospective parent does not file a sworn
  508  affidavit of parenthood or if the other parent contests the
  509  determination of parenthood, the court may, after considering
  510  the best interest of the child, order scientific testing to
  511  determine the maternity or paternity of the child. The court
  512  shall assess the cost of the maternity or paternity
  513  determination as a cost of litigation. If the court finds the
  514  prospective parent to be a parent as a result of the scientific
  515  testing, the court shall enter a judgment of maternity or
  516  paternity, shall assess the cost of the scientific testing to
  517  the parent, and shall enter an amount of child support to be
  518  paid by the parent as determined under s. 61.30. If the known
  519  parent contests the recognition of the prospective parent as a
  520  parent, the prospective parent shall not be recognized as a
  521  parent until proceedings to determine maternity or paternity
  522  under chapter 742 have been concluded. However, the prospective
  523  parent shall continue to receive notice of hearings as a
  524  participant until pending results of the chapter 742 proceedings
  525  to determine maternity or paternity have been concluded.
  526         (9) If the diligent search under subsection (5) fails to
  527  identify and locate a prospective parent, the court shall so
  528  find and may proceed without further notice.
  529         Section 7. Section 39.504, Florida Statutes, is amended to
  530  read:
  531         39.504 Injunction pending disposition of petition;
  532  penalty.—
  533         (1) At any time after a protective investigation has been
  534  initiated pursuant to part III of this chapter, the court, upon
  535  the request of the department, a law enforcement officer, the
  536  state attorney, or other responsible person, or upon its own
  537  motion, may, if there is reasonable cause, issue an injunction
  538  to prevent any act of child abuse. Reasonable cause for the
  539  issuance of an injunction exists if there is evidence of child
  540  abuse or if there is a reasonable likelihood of such abuse
  541  occurring based upon a recent overt act or failure to act. If
  542  there is a pending dependency proceeding regarding the child
  543  whom the injunction is sought to protect, the judge hearing the
  544  dependency proceeding must also hear the injunction proceeding
  545  regarding the child.
  546         (2) The petitioner seeking the injunction shall file a
  547  verified petition, or a petition along with an affidavit,
  548  setting forth the specific actions by the alleged offender from
  549  which the child must be protected and all remedies sought. Upon
  550  filing the petition, the court shall set a hearing to be held at
  551  the earliest possible time. Pending the hearing, the court may
  552  issue a temporary ex parte injunction, with verified pleadings
  553  or affidavits as evidence. The temporary ex parte injunction
  554  pending a hearing is effective for up to 15 days and the hearing
  555  must be held within that period unless continued for good cause
  556  shown, which may include obtaining service of process, in which
  557  case the temporary ex parte injunction shall be extended for the
  558  continuance period. The hearing may be held sooner if the
  559  alleged offender has received reasonable notice.
  560         (3) Before the hearing, the alleged offender must be
  561  personally served with a copy of the petition, all other
  562  pleadings related to the petition, a notice of hearing, and, if
  563  one has been entered, the temporary injunction. If the
  564  petitioner is unable to locate the alleged offender for service
  565  after a diligent search pursuant to the same requirements as in
  566  s. 39.503 and the filing of an affidavit of diligent search, the
  567  court may enter the injunction based on the sworn petition and
  568  any affidavits. At the hearing, the court may base its
  569  determination on a sworn petition, testimony, or an affidavit
  570  and may hear all relevant and material evidence, including oral
  571  and written reports, to the extent of its probative value even
  572  though it would not be competent evidence at an adjudicatory
  573  hearing. Following the hearing, the court may enter a final
  574  injunction. The court may grant a continuance of the hearing at
  575  any time for good cause shown by any party. If a temporary
  576  injunction has been entered, it shall be continued during the
  577  continuance.
  578         (4) If an injunction is issued under this section, the
  579  primary purpose of the injunction must be to protect and promote
  580  the best interests of the child, taking the preservation of the
  581  child’s immediate family into consideration.
  582         (a) The injunction applies to the alleged or actual
  583  offender in a case of child abuse or acts of domestic violence.
  584  The conditions of the injunction shall be determined by the
  585  court, which may include ordering the alleged or actual offender
  586  to:
  587         1. Refrain from further abuse or acts of domestic violence.
  588         2. Participate in a specialized treatment program.
  589         3. Limit contact or communication with the child victim,
  590  other children in the home, or any other child.
  591         4. Refrain from contacting the child at home, school, work,
  592  or wherever the child may be found.
  593         5. Have limited or supervised visitation with the child.
  594         6. Vacate the home in which the child resides.
  595         7. Comply with the terms of a safety plan implemented in
  596  the injunction pursuant to s. 39.301.
  597         (b) Upon proper pleading, the court may award the following
  598  relief in a temporary ex parte or final injunction:
  599         1. Exclusive use and possession of the dwelling to the
  600  caregiver or exclusion of the alleged or actual offender from
  601  the residence of the caregiver.
  602         2. Temporary support for the child or other family members.
  603         3. The costs of medical, psychiatric, and psychological
  604  treatment for the child incurred due to the abuse, and similar
  605  costs for other family members.
  606  
  607  This paragraph does not preclude an adult victim of domestic
  608  violence from seeking protection for himself or herself under s.
  609  741.30.
  610         (c) The terms of the final injunction shall remain in
  611  effect until modified or dissolved by the court. The petitioner,
  612  respondent, or caregiver may move at any time to modify or
  613  dissolve the injunction. Notice of hearing on the motion to
  614  modify or dissolve the injunction must be provided to all
  615  parties, including the department. The injunction is valid and
  616  enforceable in all counties in the state.
  617         (5) Service of process on the respondent shall be carried
  618  out pursuant to s. 741.30. The department shall deliver a copy
  619  of any injunction issued pursuant to this section to the
  620  protected party or to a parent, caregiver, or individual acting
  621  in the place of a parent who is not the respondent. Law
  622  enforcement officers may exercise their arrest powers as
  623  provided in s. 901.15(6) to enforce the terms of the injunction.
  624         (6) Any person who fails to comply with an injunction
  625  issued pursuant to this section commits a misdemeanor of the
  626  first degree, punishable as provided in s. 775.082 or s.
  627  775.083.
  628         (7) The person against whom an injunction is entered under
  629  this section does not automatically become a party to a
  630  subsequent dependency action concerning the same child.
  631         Section 8. Paragraph (b) of subsection (7) of section
  632  39.507, Florida Statutes, is amended to read:
  633         39.507 Adjudicatory hearings; orders of adjudication.—
  634         (7)
  635         (b) However, the court must determine whether each parent
  636  or legal custodian identified in the case abused, abandoned, or
  637  neglected the child or engaged in conduct that placed the child
  638  at substantial risk of imminent abuse, abandonment, or neglect
  639  in a subsequent evidentiary hearing. If a second parent is
  640  served and brought into the proceeding after the adjudication,
  641  and an the evidentiary hearing for the second parent is
  642  conducted subsequent to the adjudication of the child, the court
  643  shall supplement the adjudicatory order, disposition order, and
  644  the case plan, as necessary. The petitioner is not required to
  645  prove actual harm or actual abuse by the second parent in order
  646  for the court to make supplemental findings regarding the
  647  conduct of the second parent. The court is not required to
  648  conduct an evidentiary hearing for the second parent in order to
  649  supplement the adjudicatory order, the disposition order, and
  650  the case plan if the requirements of s. 39.506(3) or (5) are
  651  satisfied. With the exception of proceedings pursuant to s.
  652  39.811, the child’s dependency status may not be retried or
  653  readjudicated.
  654         Section 9. Paragraph (a) of subsection (2) of section
  655  39.5085, Florida Statutes, is amended to read:
  656         39.5085 Relative Caregiver Program.—
  657         (2)(a) The Department of Children and Families shall
  658  establish, and operate, and implement the Relative Caregiver
  659  Program pursuant to eligibility guidelines established in this
  660  section as further implemented by rule of the department. The
  661  Relative Caregiver Program shall, within the limits of available
  662  funding, provide financial assistance to:
  663         1. Relatives who are within the fifth degree by blood or
  664  marriage to the parent or stepparent of a child and who are
  665  caring full-time for that dependent child in the role of
  666  substitute parent as a result of a court’s determination of
  667  child abuse, neglect, or abandonment and subsequent placement
  668  with the relative under this chapter.
  669         2. Relatives who are within the fifth degree by blood or
  670  marriage to the parent or stepparent of a child and who are
  671  caring full-time for that dependent child, and a dependent half
  672  brother or half-sister of that dependent child, in the role of
  673  substitute parent as a result of a court’s determination of
  674  child abuse, neglect, or abandonment and subsequent placement
  675  with the relative under this chapter.
  676         3. Nonrelatives who are willing to assume custody and care
  677  of a dependent child in the role of substitute parent as a
  678  result of a court’s determination of child abuse, neglect, or
  679  abandonment and subsequent placement with the nonrelative
  680  caregiver under this chapter. The court must find that a
  681  proposed placement under this subparagraph is in the best
  682  interest of the child.
  683         4.The relative or nonrelative caregiver may not receive a
  684  Relative Caregiver Program payment if the parent or stepparent
  685  of the child resides in the home. However, a relative or
  686  nonrelative may receive the Relative Caregiver Program payment
  687  for a minor parent who is in his or her care, as well as for the
  688  minor parent’s child, if both children have been adjudicated
  689  dependent and meet all other eligibility requirements. If the
  690  caregiver is currently receiving the payment, the Relative
  691  Caregiver Program payment must be terminated no later than the
  692  first of the following month after the parent or stepparent
  693  moves into the home, allowing for 10-day notice of adverse
  694  action.
  695  
  696  The placement may be court-ordered temporary legal custody to
  697  the relative or nonrelative under protective supervision of the
  698  department pursuant to s. 39.521(1)(c)3. s. 39.521(1)(b)3., or
  699  court-ordered placement in the home of a relative or nonrelative
  700  as a permanency option under s. 39.6221 or s. 39.6231 or under
  701  former s. 39.622 if the placement was made before July 1, 2006.
  702  The Relative Caregiver Program shall offer financial assistance
  703  to caregivers who would be unable to serve in that capacity
  704  without the caregiver payment because of financial burden, thus
  705  exposing the child to the trauma of placement in a shelter or in
  706  foster care.
  707         Section 10. Subsections (1), (2), (6), and (7) of section
  708  39.521, Florida Statutes, are amended to read:
  709         39.521 Disposition hearings; powers of disposition.—
  710         (1) A disposition hearing shall be conducted by the court,
  711  if the court finds that the facts alleged in the petition for
  712  dependency were proven in the adjudicatory hearing, or if the
  713  parents or legal custodians have consented to the finding of
  714  dependency or admitted the allegations in the petition, have
  715  failed to appear for the arraignment hearing after proper
  716  notice, or have not been located despite a diligent search
  717  having been conducted.
  718         (a) A written case plan and a family functioning assessment
  719  predisposition study prepared by an authorized agent of the
  720  department must be approved by filed with the court. The
  721  department must file the case plan and the family functioning
  722  assessment with the court, serve a copy of the case plan on,
  723  served upon the parents of the child, and provide a copy of the
  724  case plan provided to the representative of the guardian ad
  725  litem program, if the program has been appointed, and provide a
  726  copy provided to all other parties:
  727         1. Not less than 72 hours before the disposition hearing,
  728  if the disposition hearing occurs on or after the 60th day after
  729  the child was placed in out-of-home care. All such case plans
  730  must be approved by the court.
  731         2. Not less than 72 hours before the case plan acceptance
  732  hearing, if the disposition hearing occurs before the 60th day
  733  after the date the child was placed in out-of-home care and a
  734  case plan has not been submitted pursuant to this paragraph, or
  735  if the court does not approve the case plan at the disposition
  736  hearing., The case plan acceptance hearing must occur the court
  737  must set a hearing within 30 days after the disposition hearing
  738  to review and approve the case plan.
  739         (b) The court may grant an exception to the requirement for
  740  a family functioning assessment predisposition study by separate
  741  order or within the judge’s order of disposition upon finding
  742  that all the family and child information required by subsection
  743  (2) is available in other documents filed with the court.
  744         (c)(b) When any child is adjudicated by a court to be
  745  dependent, the court having jurisdiction of the child has the
  746  power by order to:
  747         1. Require the parent and, when appropriate, the legal
  748  custodian and the child to participate in treatment and services
  749  identified as necessary. The court may require the person who
  750  has custody or who is requesting custody of the child to submit
  751  to a mental health or substance abuse disorder assessment or
  752  evaluation. The order may be made only upon good cause shown and
  753  pursuant to notice and procedural requirements provided under
  754  the Florida Rules of Juvenile Procedure. The mental health
  755  assessment or evaluation must be administered by a qualified
  756  professional as defined in s. 39.01, and the substance abuse
  757  assessment or evaluation must be administered by a qualified
  758  professional as defined in s. 397.311. The court may also
  759  require such person to participate in and comply with treatment
  760  and services identified as necessary, including, when
  761  appropriate and available, participation in and compliance with
  762  a mental health court program established under chapter 394 or a
  763  treatment-based drug court program established under s. 397.334.
  764  Adjudication of a child as dependent based upon evidence of harm
  765  as defined in s. 39.01(30)(g) demonstrates good cause, and the
  766  court shall require the parent whose actions caused the harm to
  767  submit to a substance abuse disorder assessment or evaluation
  768  and to participate and comply with treatment and services
  769  identified in the assessment or evaluation as being necessary.
  770  In addition to supervision by the department, the court,
  771  including the mental health court program or the treatment-based
  772  drug court program, may oversee the progress and compliance with
  773  treatment by a person who has custody or is requesting custody
  774  of the child. The court may impose appropriate available
  775  sanctions for noncompliance upon a person who has custody or is
  776  requesting custody of the child or make a finding of
  777  noncompliance for consideration in determining whether an
  778  alternative placement of the child is in the child’s best
  779  interests. Any order entered under this subparagraph may be made
  780  only upon good cause shown. This subparagraph does not authorize
  781  placement of a child with a person seeking custody of the child,
  782  other than the child’s parent or legal custodian, who requires
  783  mental health or substance abuse disorder treatment.
  784         2. Require, if the court deems necessary, the parties to
  785  participate in dependency mediation.
  786         3. Require placement of the child either under the
  787  protective supervision of an authorized agent of the department
  788  in the home of one or both of the child’s parents or in the home
  789  of a relative of the child or another adult approved by the
  790  court, or in the custody of the department. Protective
  791  supervision continues until the court terminates it or until the
  792  child reaches the age of 18, whichever date is first. Protective
  793  supervision shall be terminated by the court whenever the court
  794  determines that permanency has been achieved for the child,
  795  whether with a parent, another relative, or a legal custodian,
  796  and that protective supervision is no longer needed. The
  797  termination of supervision may be with or without retaining
  798  jurisdiction, at the court’s discretion, and shall in either
  799  case be considered a permanency option for the child. The order
  800  terminating supervision by the department must set forth the
  801  powers of the custodian of the child and include the powers
  802  ordinarily granted to a guardian of the person of a minor unless
  803  otherwise specified. Upon the court’s termination of supervision
  804  by the department, further judicial reviews are not required if
  805  permanency has been established for the child.
  806         (d)(c) At the conclusion of the disposition hearing, the
  807  court shall schedule the initial judicial review hearing which
  808  must be held no later than 90 days after the date of the
  809  disposition hearing or after the date of the hearing at which
  810  the court approves the case plan, whichever occurs earlier, but
  811  in no event shall the review hearing be held later than 6 months
  812  after the date of the child’s removal from the home.
  813         (e)(d) The court shall, in its written order of
  814  disposition, include all of the following:
  815         1. The placement or custody of the child.
  816         2. Special conditions of placement and visitation.
  817         3. Evaluation, counseling, treatment activities, and other
  818  actions to be taken by the parties, if ordered.
  819         4. The persons or entities responsible for supervising or
  820  monitoring services to the child and parent.
  821         5. Continuation or discharge of the guardian ad litem, as
  822  appropriate.
  823         6. The date, time, and location of the next scheduled
  824  review hearing, which must occur within the earlier of:
  825         a. Ninety days after the disposition hearing;
  826         b. Ninety days after the court accepts the case plan;
  827         c. Six months after the date of the last review hearing; or
  828         d. Six months after the date of the child’s removal from
  829  his or her home, if no review hearing has been held since the
  830  child’s removal from the home.
  831         7. If the child is in an out-of-home placement, child
  832  support to be paid by the parents, or the guardian of the
  833  child’s estate if possessed of assets which under law may be
  834  disbursed for the care, support, and maintenance of the child.
  835  The court may exercise jurisdiction over all child support
  836  matters, shall adjudicate the financial obligation, including
  837  health insurance, of the child’s parents or guardian, and shall
  838  enforce the financial obligation as provided in chapter 61. The
  839  state’s child support enforcement agency shall enforce child
  840  support orders under this section in the same manner as child
  841  support orders under chapter 61. Placement of the child shall
  842  not be contingent upon issuance of a support order.
  843         8.a. If the court does not commit the child to the
  844  temporary legal custody of an adult relative, legal custodian,
  845  or other adult approved by the court, the disposition order
  846  shall include the reasons for such a decision and shall include
  847  a determination as to whether diligent efforts were made by the
  848  department to locate an adult relative, legal custodian, or
  849  other adult willing to care for the child in order to present
  850  that placement option to the court instead of placement with the
  851  department.
  852         b. If no suitable relative is found and the child is placed
  853  with the department or a legal custodian or other adult approved
  854  by the court, both the department and the court shall consider
  855  transferring temporary legal custody to an adult relative
  856  approved by the court at a later date, but neither the
  857  department nor the court is obligated to so place the child if
  858  it is in the child’s best interest to remain in the current
  859  placement.
  860  
  861  For the purposes of this section, “diligent efforts to locate an
  862  adult relative” means a search similar to the diligent search
  863  for a parent, but without the continuing obligation to search
  864  after an initial adequate search is completed.
  865         9. Other requirements necessary to protect the health,
  866  safety, and well-being of the child, to preserve the stability
  867  of the child’s educational placement, and to promote family
  868  preservation or reunification whenever possible.
  869         (f)(e) If the court finds that an in-home safety plan
  870  prepared or approved by the department the prevention or
  871  reunification efforts of the department will allow the child to
  872  remain safely at home or that conditions for return have been
  873  met and an in-home safety plan prepared or approved by the
  874  department will allow the child to be safely returned to the
  875  home, the court shall allow the child to remain in or return to
  876  the home after making a specific finding of fact that the
  877  reasons for removal have been remedied to the extent that the
  878  child’s safety, well-being, and physical, mental, and emotional
  879  health will not be endangered.
  880         (g)(f) If the court places the child in an out-of-home
  881  placement, the disposition order must include a written
  882  determination that the child cannot safely remain at home with
  883  reunification or family preservation services and that removal
  884  of the child is necessary to protect the child. If the child is
  885  removed before the disposition hearing, the order must also
  886  include a written determination as to whether, after removal,
  887  the department made a reasonable effort to reunify the parent
  888  and child. Reasonable efforts to reunify are not required if the
  889  court finds that any of the acts listed in s. 39.806(1)(f)-(l)
  890  have occurred. The department has the burden of demonstrating
  891  that it made reasonable efforts.
  892         1. For the purposes of this paragraph, the term “reasonable
  893  effort” means the exercise of reasonable diligence and care by
  894  the department to provide the services ordered by the court or
  895  delineated in the case plan.
  896         2. In support of its determination as to whether reasonable
  897  efforts have been made, the court shall:
  898         a. Enter written findings as to whether prevention or
  899  reunification efforts were indicated.
  900         b. If prevention or reunification efforts were indicated,
  901  include a brief written description of what appropriate and
  902  available prevention and reunification efforts were made.
  903         c. Indicate in writing why further efforts could or could
  904  not have prevented or shortened the separation of the parent and
  905  child.
  906         3. A court may find that the department made a reasonable
  907  effort to prevent or eliminate the need for removal if:
  908         a. The first contact of the department with the family
  909  occurs during an emergency;
  910         b. The appraisal by the department of the home situation
  911  indicates a substantial and immediate danger to the child’s
  912  safety or physical, mental, or emotional health which cannot be
  913  mitigated by the provision of preventive services;
  914         c. The child cannot safely remain at home, because there
  915  are no preventive services that can ensure the health and safety
  916  of the child or, even with appropriate and available services
  917  being provided, the health and safety of the child cannot be
  918  ensured; or
  919         d. The parent is alleged to have committed any of the acts
  920  listed as grounds for expedited termination of parental rights
  921  under s. 39.806(1)(f)-(l).
  922         4. A reasonable effort by the department for reunification
  923  has been made if the appraisal of the home situation by the
  924  department indicates that the severity of the conditions of
  925  dependency is such that reunification efforts are inappropriate.
  926  The department has the burden of demonstrating to the court that
  927  reunification efforts were inappropriate.
  928         5. If the court finds that the prevention or reunification
  929  effort of the department would not have permitted the child to
  930  remain safely at home, the court may commit the child to the
  931  temporary legal custody of the department or take any other
  932  action authorized by this chapter.
  933         (2) The family functioning assessment predisposition study
  934  must provide the court with the following documented
  935  information:
  936         (a) Evidence of maltreatment and the circumstances
  937  accompanying the maltreatment.
  938         (b) Identification of all danger threats active in the
  939  home.
  940         (c) An assessment of the adult functioning of the parents.
  941         (d) An assessment of general parenting practices and the
  942  parent’s disciplinary approach and behavior management methods.
  943         (e) An assessment of the parent’s behavioral, emotional,
  944  and cognitive protective capacities.
  945         (f) An assessment of child functioning.
  946         (g) A safety analysis describing the capacity for an in
  947  home safety plan to control the conditions that result in the
  948  child being unsafe and the specific actions necessary to keep
  949  the child safe.
  950         (h) Identification of the conditions for return which would
  951  allow the child to be placed safely back into the home with an
  952  in-home safety plan and any safety management services necessary
  953  to ensure the child’s safety.
  954         (a) The capacity and disposition of the parents to provide
  955  the child with food, clothing, medical care, or other remedial
  956  care recognized and permitted under the laws of this state in
  957  lieu of medical care, and other material needs.
  958         (b) The length of time the child has lived in a stable,
  959  satisfactory environment and the desirability of maintaining
  960  continuity.
  961         (c) The mental and physical health of the parents.
  962         (d) The home, school, and community record of the child.
  963         (i)(e) The reasonable preference of the child, if the court
  964  deems the child to be of sufficient intelligence, understanding,
  965  and experience to express a preference.
  966         (f) Evidence of domestic violence or child abuse.
  967         (g) An assessment defining the dangers and risks of
  968  returning the child home, including a description of the changes
  969  in and resolutions to the initial risks.
  970         (h) A description of what risks are still present and what
  971  resources are available and will be provided for the protection
  972  and safety of the child.
  973         (i) A description of the benefits of returning the child
  974  home.
  975         (j) A description of all unresolved issues.
  976         (j)(k)Child welfare A Florida Abuse Hotline Information
  977  System (FAHIS) history from the Statewide Automated Child
  978  Welfare Information System (SACWIS) and criminal records check
  979  for all caregivers, family members, and individuals residing
  980  within the household from which the child was removed.
  981         (k)(l) The complete report and recommendation of the child
  982  protection team of the Department of Health or, if no report
  983  exists, a statement reflecting that no report has been made.
  984         (l)(m) All opinions or recommendations from other
  985  professionals or agencies that provide evaluative, social,
  986  reunification, or other services to the parent and child.
  987         (m)(n) A listing of appropriate and available safety
  988  management prevention and reunification services for the parent
  989  and child to prevent the removal of the child from the home or
  990  to reunify the child with the parent after removal and an to
  991  reunify the child with the parent after removal, including the
  992  availability of family preservation services and an explanation
  993  of the following:
  994         1. If the services were or were not provided.
  995         2. If the services were provided, the outcome of the
  996  services.
  997         3. If the services were not provided, why they were not
  998  provided.
  999         4. If the services are currently being provided and if they
 1000  need to be continued.
 1001         (o) A listing of other prevention and reunification
 1002  services that were available but determined to be inappropriate
 1003  and why.
 1004         (p) Whether dependency mediation was provided.
 1005         (n)(q) If the child has been removed from the home and
 1006  there is a parent who may be considered for custody pursuant to
 1007  this section, a recommendation as to whether placement of the
 1008  child with that parent would be detrimental to the child.
 1009         (o)(r) If the child has been removed from the home and will
 1010  be remaining with a relative, parent, or other adult approved by
 1011  the court, a home study report concerning the proposed placement
 1012  shall be provided to the court included in the predisposition
 1013  report. Before recommending to the court any out-of-home
 1014  placement for a child other than placement in a licensed shelter
 1015  or foster home, the department shall conduct a study of the home
 1016  of the proposed legal custodians, which must include, at a
 1017  minimum:
 1018         1. An interview with the proposed legal custodians to
 1019  assess their ongoing commitment and ability to care for the
 1020  child.
 1021         2. Records checks through the State Automated Child Welfare
 1022  Information System (SACWIS), and local and statewide criminal
 1023  and juvenile records checks through the Department of Law
 1024  Enforcement, on all household members 12 years of age or older.
 1025  In addition, the fingerprints of any household members who are
 1026  18 years of age or older may be submitted to the Department of
 1027  Law Enforcement for processing and forwarding to the Federal
 1028  Bureau of Investigation for state and national criminal history
 1029  information. The department has the discretion to request State
 1030  Automated Child Welfare Information System (SACWIS) and local,
 1031  statewide, and national criminal history checks and
 1032  fingerprinting of any other visitor to the home who is made
 1033  known to the department. Out-of-state criminal records checks
 1034  must be initiated for any individual who has resided in a state
 1035  other than Florida if that state’s laws allow the release of
 1036  these records. The out-of-state criminal records must be filed
 1037  with the court within 5 days after receipt by the department or
 1038  its agent.
 1039         3. An assessment of the physical environment of the home.
 1040         4. A determination of the financial security of the
 1041  proposed legal custodians.
 1042         5. A determination of suitable child care arrangements if
 1043  the proposed legal custodians are employed outside of the home.
 1044         6. Documentation of counseling and information provided to
 1045  the proposed legal custodians regarding the dependency process
 1046  and possible outcomes.
 1047         7. Documentation that information regarding support
 1048  services available in the community has been provided to the
 1049  proposed legal custodians.
 1050         8. The reasonable preference of the child, if the court
 1051  deems the child to be of sufficient intelligence, understanding,
 1052  and experience to express a preference.
 1053  
 1054  The department may not place the child or continue the placement
 1055  of the child in a home under shelter or postdisposition
 1056  placement if the results of the home study are unfavorable,
 1057  unless the court finds that this placement is in the child’s
 1058  best interest.
 1059         (p)(s) If the child has been removed from the home, a
 1060  determination of the amount of child support each parent will be
 1061  required to pay pursuant to s. 61.30.
 1062         (t) If placement of the child with anyone other than the
 1063  child’s parent is being considered, the predisposition study
 1064  shall include the designation of a specific length of time as to
 1065  when custody by the parent will be reconsidered.
 1066  
 1067  Any other relevant and material evidence, including other
 1068  written or oral reports, may be received by the court in its
 1069  effort to determine the action to be taken with regard to the
 1070  child and may be relied upon to the extent of its probative
 1071  value, even though not competent in an adjudicatory hearing.
 1072  Except as otherwise specifically provided, nothing in this
 1073  section prohibits the publication of proceedings in a hearing.
 1074         (6) With respect to a child who is the subject in
 1075  proceedings under this chapter, the court may issue to the
 1076  department an order to show cause why it should not return the
 1077  child to the custody of the parents upon the presentation of
 1078  evidence that the conditions for return of the child have been
 1079  met expiration of the case plan, or sooner if the parents have
 1080  substantially complied with the case plan.
 1081         (7) The court may enter an order ending its jurisdiction
 1082  over a child when a child has been returned to the parents,
 1083  provided the court shall not terminate its jurisdiction or the
 1084  department’s supervision over the child until 6 months after the
 1085  child’s return. The department shall supervise the placement of
 1086  the child after reunification for at least 6 months with each
 1087  parent or legal custodian from whom the child was removed. The
 1088  court shall determine whether its jurisdiction should be
 1089  continued or terminated in such a case based on a report of the
 1090  department or agency or the child’s guardian ad litem, and any
 1091  other relevant factors; if its jurisdiction is to be terminated,
 1092  the court shall enter an order to that effect.
 1093         Section 11. Subsections (2) and (3) of section 39.522,
 1094  Florida Statutes, are amended to read:
 1095         39.522 Postdisposition change of custody.—The court may
 1096  change the temporary legal custody or the conditions of
 1097  protective supervision at a postdisposition hearing, without the
 1098  necessity of another adjudicatory hearing.
 1099         (2) In cases where the issue before the court is whether a
 1100  child should be reunited with a parent, the court shall review
 1101  the conditions for return and determine whether the
 1102  circumstances that caused the out-of-home placement and issues
 1103  subsequently identified have been remedied parent has
 1104  substantially complied with the terms of the case plan to the
 1105  extent that the return of the child to the home with an in-home
 1106  safety plan prepared or approved by the department will not be
 1107  detrimental to the child’s safety, well-being, and physical,
 1108  mental, and emotional health of the child is not endangered by
 1109  the return of the child to the home.
 1110         (3) In cases where the issue before the court is whether a
 1111  child who is placed in the custody of a parent should be
 1112  reunited with the other parent upon a finding that the
 1113  circumstances that caused the out-of-home placement and issues
 1114  subsequently identified have been remedied to the extent that
 1115  the return of the child to the home of the other parent with an
 1116  in-home safety plan prepared or approved by the department will
 1117  not be detrimental to the child of substantial compliance with
 1118  the terms of the case plan, the standard shall be that the
 1119  safety, well-being, and physical, mental, and emotional health
 1120  of the child would not be endangered by reunification and that
 1121  reunification would be in the best interest of the child.
 1122         Section 12. Section 39.523, Florida Statutes, is amended to
 1123  read:
 1124         (Substantial rewording of section. See
 1125         s. 39.523, F.S., for present text.)
 1126         39.523Placement in out-of-home care.The Legislature finds
 1127  that it is a basic tenet of child welfare practice and the law
 1128  that children be placed in the least restrictive, most family
 1129  like setting available in close proximity to the home of their
 1130  parents, consistent with the best interests and needs of the
 1131  child, and that children be placed in permanent homes in a
 1132  timely manner.
 1133         (1)When any child is removed from a home and placed into
 1134  out-of-home care, a comprehensive placement assessment shall be
 1135  completed to determine whether the child’s needs can be met with
 1136  family members or in a family foster home and, if not, which
 1137  type of foster care placement setting would provide a more
 1138  effective and appropriate level of care.
 1139         (2)The assessment and any placement decision must be done
 1140  in conjunction with a permanency team that must be established
 1141  by the department or the community-based care lead agency that
 1142  places children pursuant to this section and is dedicated to
 1143  overcoming the permanency challenges occurring for children in
 1144  out-of-home care. The team must attempt to include a
 1145  representative from the community-based care lead agency, the
 1146  caseworker for the child, the out-of-home care provider, the
 1147  guardian ad litem if one has been appointed, any provider of
 1148  services to the child, teachers, clergy, relatives, fictive kin,
 1149  and all appropriate biological family members.
 1150         (3)The permanency team shall convene a multidisciplinary
 1151  staffing every 180 calendar days, to coincide with the judicial
 1152  review, to reassess the appropriateness of the child’s current
 1153  placement. The multidisciplinary staffing shall consider, at a
 1154  minimum, the current level of the child’s functioning, whether
 1155  recommended services are being provided effectively, any
 1156  services that would enable transition to a less restrictive
 1157  family-like setting, and diligent efforts to find other
 1158  permanent living arrangements for the child.
 1159         (4)The department shall document initial placement
 1160  assessments in the Florida Safe Families Network.
 1161         (5)If it is determined during the comprehensive placement
 1162  assessment that residential treatment as defined in s. 39.407
 1163  would be suitable for the child, the procedures in that section
 1164  must be followed.
 1165         (6)At each judicial review, the court shall review the
 1166  assessment placement decision for the child and the department
 1167  shall demonstrate why the placement is in the least restrictive
 1168  setting. If the child has been placed in group care with a
 1169  residential child-caring agency, the department must demonstrate
 1170  why the child cannot be placed with a relative or nonrelative or
 1171  in a family foster home and why the placement in group care with
 1172  a residential child-caring agency continues to be necessary and
 1173  consistent with the child’s short-term and long-term goals, and
 1174  must document efforts to help the child transition to a more
 1175  family-like setting.
 1176         (7)By October 1 of each year, the department shall report
 1177  to the Governor, the President of the Senate, and the Speaker of
 1178  the House of Representatives on the placement of children in
 1179  out-of-home care, including placements with relatives and
 1180  nonrelatives, family foster homes, and residential group care
 1181  during the year. At a minimum, the report must include, by each
 1182  community-based care lead agency:
 1183         (a)The number of children placed with relatives and
 1184  nonrelatives, in family foster homes, and in residential group
 1185  care.
 1186         (b)An inventory of available services that are necessary
 1187  to maintain children in the least restrictive settings and a
 1188  plan for filling any identified gap in those services.
 1189         (c)The number of children who were placed based upon the
 1190  assessment.
 1191         (d)An inventory of existing placements for children by
 1192  type and by community-based care lead agency.
 1193         (e)The strategies being used by community-based care lead
 1194  agencies to recruit, train, and support an adequate number of
 1195  families to provide home-based family care.
 1196         (f)For every placement of a child made that is contrary to
 1197  an appropriate placement as determined by the assessment process
 1198  in this section, an explanation from the community-based care
 1199  lead agency as to why the placement was made.
 1200         (8)The department may adopt rules necessary to carry out
 1201  the provisions of this section.
 1202         Section 13. Subsection (1) of section 39.6011, Florida
 1203  Statutes, is amended to read:
 1204         39.6011 Case plan development.—
 1205         (1) The department shall prepare a draft of the case plan
 1206  for each child receiving services under this chapter. A parent
 1207  of a child may not be threatened or coerced with the loss of
 1208  custody or parental rights for failing to admit in the case plan
 1209  of abusing, neglecting, or abandoning a child. Participating in
 1210  the development of a case plan is not an admission to any
 1211  allegation of abuse, abandonment, or neglect, and it is not a
 1212  consent to a finding of dependency or termination of parental
 1213  rights. The case plan shall be developed subject to the
 1214  following requirements:
 1215         (a) The case plan must be developed in a face-to-face
 1216  conference with the parent of the child, any court-appointed
 1217  guardian ad litem, and, if appropriate, the child and the
 1218  temporary custodian of the child.
 1219         (b) Notwithstanding s. 39.202, the department may discuss
 1220  confidential information during the case planning conference in
 1221  the presence of individuals who participate in the conference.
 1222  All individuals who participate in the conference shall maintain
 1223  the confidentiality of all information shared during the case
 1224  planning conference.
 1225         (c)(b) The parent may receive assistance from any person or
 1226  social service agency in preparing the case plan. The social
 1227  service agency, the department, and the court, when applicable,
 1228  shall inform the parent of the right to receive such assistance,
 1229  including the right to assistance of counsel.
 1230         (d)(c) If a parent is unwilling or unable to participate in
 1231  developing a case plan, the department shall document that
 1232  unwillingness or inability to participate. The documentation
 1233  must be provided in writing to the parent when available for the
 1234  court record, and the department shall prepare a case plan
 1235  conforming as nearly as possible with the requirements set forth
 1236  in this section. The unwillingness or inability of the parent to
 1237  participate in developing a case plan does not preclude the
 1238  filing of a petition for dependency or for termination of
 1239  parental rights. The parent, if available, must be provided a
 1240  copy of the case plan and be advised that he or she may, at any
 1241  time before the filing of a petition for termination of parental
 1242  rights, enter into a case plan and that he or she may request
 1243  judicial review of any provision of the case plan with which he
 1244  or she disagrees at any court hearing set for the child.
 1245         Section 14. Subsection (1) of section 39.6012, Florida
 1246  Statutes, is amended to read:
 1247         39.6012 Case plan tasks; services.—
 1248         (1) The services to be provided to the parent and the tasks
 1249  that must be completed are subject to the following:
 1250         (a) The services described in the case plan must be
 1251  designed to improve the conditions in the home and aid in
 1252  maintaining the child in the home, facilitate the child’s safe
 1253  return to the home, ensure proper care of the child, or
 1254  facilitate the child’s permanent placement. The services offered
 1255  must be the least intrusive possible into the life of the parent
 1256  and child, must focus on clearly defined objectives, and must
 1257  provide the most efficient path to quick reunification or
 1258  permanent placement given the circumstances of the case and the
 1259  child’s need for safe and proper care.
 1260         (b) The case plan must describe each of the tasks with
 1261  which the parent must comply and the services to be provided to
 1262  the parent, specifically addressing the identified problem,
 1263  including:
 1264         1. The type of services or treatment.
 1265         2. The date the department will provide each service or
 1266  referral for the service if the service is being provided by the
 1267  department or its agent.
 1268         3. The date by which the parent must complete each task.
 1269         4. The frequency of services or treatment provided. The
 1270  frequency of the delivery of services or treatment provided
 1271  shall be determined by the professionals providing the services
 1272  or treatment on a case-by-case basis and adjusted according to
 1273  their best professional judgment.
 1274         5. The location of the delivery of the services.
 1275         6. The staff of the department or service provider
 1276  accountable for the services or treatment.
 1277         7. A description of the measurable objectives, including
 1278  the timeframes specified for achieving the objectives of the
 1279  case plan and addressing the identified problem.
 1280         (c)If there is evidence of harm as defined in s.
 1281  39.01(30)(g), the case plan must include as a required task for
 1282  the parent whose actions caused the harm that the parent submit
 1283  to a substance abuse disorder assessment or evaluation and
 1284  participate and comply with treatment and services identified in
 1285  the assessment or evaluation as being necessary.
 1286         Section 15. Subsection (7) is added to section 39.6221,
 1287  Florida Statutes, to read:
 1288         39.6221 Permanent guardianship of a dependent child.—
 1289         (7)The requirements of s. 61.13001 do not apply to
 1290  permanent guardianships established under this section.
 1291         Section 16. Paragraph (h) is added to subsection (1) of
 1292  section 39.701, Florida Statutes, to read:
 1293         39.701 Judicial review.—
 1294         (1) GENERAL PROVISIONS.—
 1295         (h) If a child is born into a family that is under the
 1296  court’s jurisdiction or a child moves into a home that is under
 1297  the court’s jurisdiction, the department shall assess the
 1298  child’s safety and provide notice to the court.
 1299         1. The department shall complete an assessment to determine
 1300  how the addition of a child will impact family functioning. The
 1301  assessment must be completed at least 30 days before a child is
 1302  expected to be born or to move into a home, or within 72 hours
 1303  after the department learns of the pregnancy or addition if the
 1304  child is expected to be born or to move into the home in less
 1305  than 30 days. The assessment shall be filed with the court.
 1306         2. Once a child is born into a family or a child moves into
 1307  the home, the department shall complete a progress update and
 1308  file it with the court.
 1309         3. The court has the discretion to hold a hearing on the
 1310  progress update filed by the department.
 1311         4. The department shall adopt rules to implement this
 1312  subsection.
 1313         Section 17. Subsection (3) of section 39.801, Florida
 1314  Statutes, is amended to read:
 1315         39.801 Procedures and jurisdiction; notice; service of
 1316  process.—
 1317         (3) Before the court may terminate parental rights, in
 1318  addition to the other requirements set forth in this part, the
 1319  following requirements must be met:
 1320         (a) Notice of the date, time, and place of the advisory
 1321  hearing for the petition to terminate parental rights and a copy
 1322  of the petition must be personally served upon the following
 1323  persons, specifically notifying them that a petition has been
 1324  filed:
 1325         1. The parents of the child.
 1326         2. The legal custodians of the child.
 1327         3. If the parents who would be entitled to notice are dead
 1328  or unknown, a living relative of the child, unless upon diligent
 1329  search and inquiry no such relative can be found.
 1330         4. Any person who has physical custody of the child.
 1331         5. Any grandparent entitled to priority for adoption under
 1332  s. 63.0425.
 1333         6. Any prospective parent who has been identified under s.
 1334  39.503 or s. 39.803, unless a court order has been entered
 1335  pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which
 1336  indicates no further notice is required. Except as otherwise
 1337  provided in this section, if there is not a legal father, notice
 1338  of the petition for termination of parental rights must be
 1339  provided to any known prospective father who is identified under
 1340  oath before the court or who is identified by a diligent search
 1341  of the Florida Putative Father Registry. Service of the notice
 1342  of the petition for termination of parental rights may not be
 1343  required if the prospective father executes an affidavit of
 1344  nonpaternity or a consent to termination of his parental rights
 1345  which is accepted by the court after notice and opportunity to
 1346  be heard by all parties to address the best interests of the
 1347  child in accepting such affidavit.
 1348         7. The guardian ad litem for the child or the
 1349  representative of the guardian ad litem program, if the program
 1350  has been appointed.
 1351  
 1352  The document containing the notice to respond or appear must
 1353  contain, in type at least as large as the type in the balance of
 1354  the document, the following or substantially similar language:
 1355  “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING
 1356  CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF
 1357  THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND
 1358  TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE
 1359  CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS
 1360  NOTICE.”
 1361         (b) If a party required to be served with notice as
 1362  prescribed in paragraph (a) cannot be served, notice of hearings
 1363  must be given as prescribed by the rules of civil procedure, and
 1364  service of process must be made as specified by law or civil
 1365  actions.
 1366         (c) Notice as prescribed by this section may be waived, in
 1367  the discretion of the judge, with regard to any person to whom
 1368  notice must be given under this subsection if the person
 1369  executes, before two witnesses and a notary public or other
 1370  officer authorized to take acknowledgments, a written surrender
 1371  of the child to a licensed child-placing agency or the
 1372  department.
 1373         (d) If the person served with notice under this section
 1374  fails to personally appear at the advisory hearing, the failure
 1375  to personally appear shall constitute consent for termination of
 1376  parental rights by the person given notice. If a parent appears
 1377  for the advisory hearing and the court orders that parent to
 1378  personally appear at the adjudicatory hearing for the petition
 1379  for termination of parental rights, stating the date, time, and
 1380  location of said hearing, then failure of that parent to
 1381  personally appear at the adjudicatory hearing shall constitute
 1382  consent for termination of parental rights.
 1383         Section 18. Section 39.803, Florida Statutes, is amended,
 1384  to read:
 1385         39.803 Identity or location of parent unknown after filing
 1386  of termination of parental rights petition; special procedures.—
 1387         (1) If the identity or location of a parent is unknown and
 1388  a petition for termination of parental rights is filed, the
 1389  court shall conduct under oath the following inquiry of the
 1390  parent who is available, or, if no parent is available, of any
 1391  relative, caregiver, or legal custodian of the child who is
 1392  present at the hearing and likely to have the information:
 1393         (a) Whether the mother of the child was married at the
 1394  probable time of conception of the child or at the time of birth
 1395  of the child.
 1396         (b) Whether the mother was cohabiting with a male at the
 1397  probable time of conception of the child.
 1398         (c) Whether the mother has received payments or promises of
 1399  support with respect to the child or because of her pregnancy
 1400  from a man who claims to be the father.
 1401         (d) Whether the mother has named any man as the father on
 1402  the birth certificate of the child or in connection with
 1403  applying for or receiving public assistance.
 1404         (e) Whether any man has acknowledged or claimed paternity
 1405  of the child in a jurisdiction in which the mother resided at
 1406  the time of or since conception of the child, or in which the
 1407  child has resided or resides.
 1408         (f) Whether a man is named on the birth certificate of the
 1409  child pursuant to s. 382.013(2).
 1410         (g) Whether a man has been determined by a court order to
 1411  be the father of the child.
 1412         (h) Whether a man has been determined by an administrative
 1413  proceeding to be the father of the child.
 1414         (2) The information required in subsection (1) may be
 1415  supplied to the court or the department in the form of a sworn
 1416  affidavit by a person having personal knowledge of the facts.
 1417         (3) If the inquiry under subsection (1) identifies any
 1418  person as a parent or prospective parent, the court shall
 1419  require notice of the hearing to be provided to that person.
 1420         (4) If the inquiry under subsection (1) fails to identify
 1421  any person as a parent or prospective parent, the court shall so
 1422  find and may proceed without further notice.
 1423         (5) If the inquiry under subsection (1) identifies a parent
 1424  or prospective parent, and that person’s location is unknown,
 1425  the court shall direct the petitioner to conduct a diligent
 1426  search for that person before scheduling an adjudicatory hearing
 1427  regarding the petition for termination of parental rights to the
 1428  child unless the court finds that the best interest of the child
 1429  requires proceeding without actual notice to the person whose
 1430  location is unknown.
 1431         (6) The diligent search required by subsection (5) must
 1432  include, at a minimum, inquiries of all known relatives of the
 1433  parent or prospective parent, inquiries of all offices of
 1434  program areas of the department likely to have information about
 1435  the parent or prospective parent, inquiries of other state and
 1436  federal agencies likely to have information about the parent or
 1437  prospective parent, inquiries of appropriate utility and postal
 1438  providers, a thorough search of at least one electronic database
 1439  specifically designed for locating persons, a search of the
 1440  Florida Putative Father Registry, and inquiries of appropriate
 1441  law enforcement agencies. Pursuant to s. 453 of the Social
 1442  Security Act, 42 U.S.C. s. 653(c)(4), the department, as the
 1443  state agency administering Titles IV-B and IV-E of the act,
 1444  shall be provided access to the federal and state parent locator
 1445  service for diligent search activities.
 1446         (7) Any agency contacted by petitioner with a request for
 1447  information pursuant to subsection (6) shall release the
 1448  requested information to the petitioner without the necessity of
 1449  a subpoena or court order.
 1450         (8) If the inquiry and diligent search identifies a
 1451  prospective parent, that person must be given the opportunity to
 1452  become a party to the proceedings by completing a sworn
 1453  affidavit of parenthood and filing it with the court or the
 1454  department. A prospective parent who files a sworn affidavit of
 1455  parenthood while the child is a dependent child but no later
 1456  than at the time of or before prior to the adjudicatory hearing
 1457  in the termination of parental rights proceeding for the child
 1458  shall be considered a parent for all purposes under this
 1459  section. If the prospective parent does not file a sworn
 1460  affidavit of parenthood or if the other parent contests the
 1461  determination of parenthood, the court may, after considering
 1462  the best interests of the child, order scientific testing to
 1463  determine the maternity or paternity of the child. The court
 1464  shall assess the cost of the paternity determination as a cost
 1465  of litigation. If the court finds the prospective parent to be a
 1466  parent as a result of the scientific testing, the court shall
 1467  enter a judgment of maternity or paternity, shall assess the
 1468  cost of the scientific testing to the parent, and shall enter an
 1469  amount of child support to be paid by the parent as determined
 1470  under s. 61.30. If the known parent contests the recognition of
 1471  the prospective parent as a parent, the prospective parent shall
 1472  not be recognized as a parent until proceedings to establish
 1473  maternity or paternity have been concluded. However, the
 1474  prospective parent shall continue to receive notice of hearings
 1475  as a participant until proceedings to establish maternity or
 1476  paternity have been concluded.
 1477         (9) If the diligent search under subsection (5) fails to
 1478  identify and locate a prospective parent, the court shall so
 1479  find and may proceed without further notice.
 1480         Section 19. Paragraph (l) of subsection (1) of section
 1481  39.806, Florida Statutes, is amended, and subsections (2) and
 1482  (3) are republished, to read:
 1483         39.806 Grounds for termination of parental rights.—
 1484         (1) Grounds for the termination of parental rights may be
 1485  established under any of the following circumstances:
 1486         (l) On three or more occasions the child or another child
 1487  of the parent or parents has been placed in out-of-home care
 1488  pursuant to this chapter or the law of any state, territory, or
 1489  jurisdiction of the United States which is substantially similar
 1490  to this chapter, and the conditions that led to the child’s out
 1491  of-home placement were caused by the parent or parents.
 1492         (2) Reasonable efforts to preserve and reunify families are
 1493  not required if a court of competent jurisdiction has determined
 1494  that any of the events described in paragraphs (1)(b)-(d) or
 1495  paragraphs (1)(f)-(m) have occurred.
 1496         (3) If a petition for termination of parental rights is
 1497  filed under subsection (1), a separate petition for dependency
 1498  need not be filed and the department need not offer the parents
 1499  a case plan having a goal of reunification, but may instead file
 1500  with the court a case plan having a goal of termination of
 1501  parental rights to allow continuation of services until the
 1502  termination is granted or until further orders of the court are
 1503  issued.
 1504         Section 20. Subsection (6) of section 39.811, Florida
 1505  Statutes, is amended to read:
 1506         39.811 Powers of disposition; order of disposition.—
 1507         (6) The parental rights of one parent may be severed
 1508  without severing the parental rights of the other parent only
 1509  under the following circumstances:
 1510         (a) If the child has only one surviving parent;
 1511         (b) If the identity of a prospective parent has been
 1512  established as unknown after sworn testimony;
 1513         (c) If the parent whose rights are being terminated became
 1514  a parent through a single-parent adoption;
 1515         (d) If the protection of the child demands termination of
 1516  the rights of a single parent; or
 1517         (e) If the parent whose rights are being terminated meets
 1518  any of the criteria specified in s. 39.806(1)(c), (d), (f), (g),
 1519  (h), (i), (j), (k), (l), (m), or (n) and (f)-(m).
 1520         Section 21. Paragraph (b) of subsection (4) of section
 1521  125.901, Florida Statutes, is amended to read:
 1522         125.901 Children’s services; independent special district;
 1523  council; powers, duties, and functions; public records
 1524  exemption.—
 1525         (4)
 1526         (b)1.a. Notwithstanding paragraph (a), the governing body
 1527  of the county shall submit the question of retention or
 1528  dissolution of a district with voter-approved taxing authority
 1529  to the electorate in the general election according to the
 1530  following schedule:
 1531         (I) For a district in existence on July 1, 2010, and
 1532  serving a county with a population of 400,000 or fewer persons
 1533  as of that date............................................2014.
 1534         (II) For a district in existence on July 1, 2010, and
 1535  serving a county with a population of 2 million or more persons
 1536  as of that date, unless the governing body of the county has
 1537  previously submitted such question voluntarily to the electorate
 1538  for a second time since 2005,..............................2020.
 1539         b. A referendum by the electorate on or after July 1, 2010,
 1540  creating a new district with taxing authority may specify that
 1541  the district is not subject to reauthorization or may specify
 1542  the number of years for which the initial authorization shall
 1543  remain effective. If the referendum does not prescribe terms of
 1544  reauthorization, the governing body of the county shall submit
 1545  the question of retention or dissolution of the district to the
 1546  electorate in the general election 12 years after the initial
 1547  authorization.
 1548         2. The governing body of the district may specify, and
 1549  submit to the governing body of the county no later than 9
 1550  months before the scheduled election, that the district is not
 1551  subsequently subject to reauthorization or may specify the
 1552  number of years for which a reauthorization under this paragraph
 1553  shall remain effective. If the governing body of the district
 1554  makes such specification and submission, the governing body of
 1555  the county shall include that information in the question
 1556  submitted to the electorate. If the governing body of the
 1557  district does not specify and submit such information, the
 1558  governing body of the county shall resubmit the question of
 1559  reauthorization to the electorate every 12 years after the year
 1560  prescribed in subparagraph 1. The governing body of the district
 1561  may recommend to the governing body of the county language for
 1562  the question submitted to the electorate.
 1563         3. Nothing in this paragraph limits the authority to
 1564  dissolve a district as provided under paragraph (a).
 1565         4. Nothing in this paragraph precludes the governing body
 1566  of a district from requesting that the governing body of the
 1567  county submit the question of retention or dissolution of a
 1568  district with voter-approved taxing authority to the electorate
 1569  at a date earlier than the year prescribed in subparagraph 1. If
 1570  the governing body of the county accepts the request and submits
 1571  the question to the electorate, the governing body satisfies the
 1572  requirement of that subparagraph.
 1573  
 1574  If any district is dissolved pursuant to this subsection, each
 1575  county must first obligate itself to assume the debts,
 1576  liabilities, contracts, and outstanding obligations of the
 1577  district within the total millage available to the county
 1578  governing body for all county and municipal purposes as provided
 1579  for under s. 9, Art. VII of the State Constitution. Any district
 1580  may also be dissolved pursuant to part VII of chapter 189.
 1581         Section 22. Subsection (9) of section 322.051, Florida
 1582  Statutes, is amended to read:
 1583  322.051 Identification cards.—
 1584         (9)(a) Notwithstanding any other provision of this section
 1585  or s. 322.21 to the contrary, the department shall issue or
 1586  renew a card at no charge to a person who presents evidence
 1587  satisfactory to the department that he or she is homeless as
 1588  defined in s. 414.0252(7), to a juvenile offender who is in the
 1589  custody or under the supervision of the Department of Juvenile
 1590  Justice and receiving services pursuant to s. 985.461, to an
 1591  inmate receiving a card issued pursuant to s. 944.605(7), or, if
 1592  necessary, to an inmate receiving a replacement card if the
 1593  department determines that he or she has a valid state
 1594  identification card. If the replacement state identification
 1595  card is scheduled to expire within 6 months, the department may
 1596  also issue a temporary permit valid for at least 6 months after
 1597  the release date. The department’s mobile issuing units shall
 1598  process the identification cards for juvenile offenders and
 1599  inmates at no charge, as provided by s. 944.605 (7)(a) and (b).
 1600         (b)If the person who presents evidence that he or she is
 1601  homeless is a certified unaccompanied or homeless youth as
 1602  defined in s. 734.067, the back of the card shall exhibit the
 1603  following:
 1604         As a certified unaccompanied or homeless
 1605         youth, this individual may consent to
 1606         diagnosis and treatment and any forensic
 1607         medical examination authorized pursuant to
 1608         s. 743.067, F.S.
 1609         Section 23. Paragraph (g) of subsection (4) of section
 1610  395.3025, Florida Statutes, is amended, and subsection (8) of
 1611  that section is republished, to read:
 1612         395.3025 Patient and personnel records; copies;
 1613  examination.—
 1614         (4) Patient records are confidential and must not be
 1615  disclosed without the consent of the patient or his or her legal
 1616  representative, but appropriate disclosure may be made without
 1617  such consent to:
 1618         (g) The Department of Children and Families, or its agent,
 1619  or its contracted entity, for the purpose of investigations of
 1620  or services for cases of abuse, neglect, or exploitation of
 1621  children or vulnerable adults.
 1622         (8) Patient records at hospitals and ambulatory surgical
 1623  centers are exempt from disclosure under s. 119.07(1), except as
 1624  provided by subsections (1)-(5).
 1625         Section 24. Subsections (2) and (6) of section 402.40,
 1626  Florida Statutes, are amended to read:
 1627         402.40 Child welfare training and certification.—
 1628         (2) DEFINITIONS.—As used in this section, the term:
 1629         (a) “Child welfare certification” means a professional
 1630  credential awarded by a department-approved third-party
 1631  credentialing entity to individuals demonstrating core
 1632  competency in any child welfare practice area.
 1633         (b) “Child welfare services” means any intake, protective
 1634  investigations, preprotective services, protective services,
 1635  foster care, shelter and group care, and adoption and related
 1636  services program, including supportive services and supervision
 1637  provided to children who are alleged to have been abused,
 1638  abandoned, or neglected or who are at risk of becoming, are
 1639  alleged to be, or have been found dependent pursuant to chapter
 1640  39.
 1641         (c)“Child welfare trainer” means any person providing
 1642  training for the purposes of child welfare professionals earning
 1643  certification.
 1644         (d)(c) “Core competency” means the minimum knowledge,
 1645  skills, and abilities necessary to carry out work
 1646  responsibilities.
 1647         (e)(d) “Person providing child welfare services” means a
 1648  person who has a responsibility for supervisory, direct care, or
 1649  support-related work in the provision of child welfare services
 1650  pursuant to chapter 39.
 1651         (f)(e) “Preservice curriculum” means the minimum statewide
 1652  training content based upon the core competencies which is made
 1653  available to all persons providing child welfare services.
 1654         (g)(f) “Third-party credentialing entity” means a
 1655  department-approved nonprofit organization that has met
 1656  nationally recognized standards for developing and administering
 1657  professional certification programs.
 1658         (6) ADOPTION OF RULES.—The Department of Children and
 1659  Families shall adopt rules necessary to carry out the provisions
 1660  of this section, including the requirements for child welfare
 1661  trainers.
 1662         Section 25. Section 409.992, Florida Statutes, is amended
 1663  to read:
 1664         409.992 Lead agency expenditures.—
 1665         (1) The procurement of commodities or contractual services
 1666  by lead agencies shall be governed by the financial guidelines
 1667  developed by the department and must comply with applicable
 1668  state and federal law and follow good business practices.
 1669  Pursuant to s. 11.45, the Auditor General may provide technical
 1670  advice in the development of the financial guidelines.
 1671         (2) Notwithstanding any other provision of law, a
 1672  community-based care lead agency may make expenditures for staff
 1673  cellular telephone allowances, contracts requiring deferred
 1674  payments and maintenance agreements, security deposits for
 1675  office leases, related agency professional membership dues other
 1676  than personal professional membership dues, promotional
 1677  materials, and grant writing services. Expenditures for food and
 1678  refreshments, other than those provided to clients in the care
 1679  of the agency or to foster parents, adoptive parents, and
 1680  caseworkers during training sessions, are not allowable.
 1681         (3) Notwithstanding any other provision of law, a
 1682  community-based care lead agency administrative employee may not
 1683  receive a salary, whether base pay or base pay combined with any
 1684  bonus or incentive payments, in excess of the salary paid to the
 1685  secretary of the Department of Children and Families from state
 1686  appropriated funds, including state-appropriated federal funds.
 1687  This subsection does not prohibit any party from providing cash
 1688  that is not from appropriated state funds to a community-based
 1689  care lead agency administrative employee.
 1690         (4)(3) A lead community-based care agency and its
 1691  subcontractors are exempt from state travel policies as provided
 1692  in s. 112.061(3)(a) for their travel expenses incurred in order
 1693  to comply with the requirements of this section.
 1694         Section 26. Paragraph (a) of subsection (7) of section
 1695  456.057, Florida Statutes, is amended to read:
 1696         456.057 Ownership and control of patient records; report or
 1697  copies of records to be furnished; disclosure of information.—
 1698         (7)(a) Except as otherwise provided in this section and in
 1699  s. 440.13(4)(c), such records may not be furnished to, and the
 1700  medical condition of a patient may not be discussed with, any
 1701  person other than the patient, the patient’s legal
 1702  representative, or other health care practitioners and providers
 1703  involved in the patient’s care or treatment, except upon written
 1704  authorization from the patient. However, such records may be
 1705  furnished without written authorization under the following
 1706  circumstances:
 1707         1. To any person, firm, or corporation that has procured or
 1708  furnished such care or treatment with the patient’s consent.
 1709         2. When compulsory physical examination is made pursuant to
 1710  Rule 1.360, Florida Rules of Civil Procedure, in which case
 1711  copies of the medical records shall be furnished to both the
 1712  defendant and the plaintiff.
 1713         3. In any civil or criminal action, unless otherwise
 1714  prohibited by law, upon the issuance of a subpoena from a court
 1715  of competent jurisdiction and proper notice to the patient or
 1716  the patient’s legal representative by the party seeking such
 1717  records.
 1718         4. For statistical and scientific research, provided the
 1719  information is abstracted in such a way as to protect the
 1720  identity of the patient or provided written permission is
 1721  received from the patient or the patient’s legal representative.
 1722         5. To a regional poison control center for purposes of
 1723  treating a poison episode under evaluation, case management of
 1724  poison cases, or compliance with data collection and reporting
 1725  requirements of s. 395.1027 and the professional organization
 1726  that certifies poison control centers in accordance with federal
 1727  law.
 1728         6.To the Department of Children and Families, its agent,
 1729  or its contracted entity, for the purpose of investigations of
 1730  or services for cases of abuse, neglect, or exploitation of
 1731  children or vulnerable adults.
 1732         Section 27. Section 409.141, Florida Statutes, is repealed.
 1733         Section 28. Section 409.1677, Florida Statutes, is
 1734  repealed.
 1735         Section 29. Section 743.067, Florida Statutes, is amended
 1736  to read:
 1737         743.067 Certified unaccompanied homeless youths.—
 1738         (1) For purposes of this section, the term ancertified
 1739  unaccompanied homeless youth” means a minor who is a homeless
 1740  child or youth or an unaccompanied youth, as those terms are
 1741  defined in 42 U.S.C. s. 11434a., who has been certified as
 1742  homeless or unaccompanied by is an individual who is 16 years of
 1743  age or older and is:
 1744         (a) A school district homeless liaison;
 1745         (a) Found by a school district’s liaison for homeless
 1746  children and youths to be an unaccompanied homeless youth
 1747  eligible for services pursuant to the McKinney-Vento Homeless
 1748  Assistance Act, 42 U.S.C. ss. 11431-11435; or
 1749         (b) Believed to qualify as an unaccompanied homeless youth,
 1750  as that term is defined in the McKinney-Vento Homeless
 1751  Assistance Act, by:
 1752         (b)1. The director of an emergency shelter program funded
 1753  by the United States Department of Housing and Urban
 1754  Development, or the director’s designee; or
 1755         (c)2. The director of a runaway or homeless youth basic
 1756  center or transitional living program funded by the United
 1757  States Department of Health and Human Services, or the
 1758  director’s designee.;
 1759         3. A clinical social worker licensed under chapter 491; or
 1760         4. A circuit court.
 1761         (2)(a)The Office on Homelessness within the Department of
 1762  Children and Families shall develop a standardized form that
 1763  must be used by the entities specified in subsection (1) to
 1764  certify qualifying unaccompanied homeless youth. The form must
 1765  include the circumstances that qualify the youth; the date the
 1766  youth was certified; the name, title, and signature of the
 1767  certifying individual; and a citation to this section. A minor
 1768  who qualifies as an unaccompanied homeless youth shall be issued
 1769  a written certificate documenting his or her status by the
 1770  appropriate individual as provided in subsection (1). The
 1771  certificate shall be issued on the official letterhead
 1772  stationery of the person making the determination and shall
 1773  include the date of the finding, a citation to this section, and
 1774  the signature of the individual making the finding.
 1775         (b) A certified unaccompanied homeless youth may use the
 1776  completed form to apply at no charge for an identification card
 1777  issued by the Department of Highway Safety and Motor Vehicles
 1778  pursuant to s. 322.051(9).
 1779         (c) A health care provider may accept the written
 1780  certificate or identification card as proof of the minor’s
 1781  status as a certified an unaccompanied homeless youth and may
 1782  keep a copy of the certificate or identification card in the
 1783  youth’s medical file.
 1784         (3) A certified an unaccompanied homeless youth may:
 1785         (a) Petition the circuit court to have the disabilities of
 1786  nonage removed under s. 743.015. The youth shall qualify as a
 1787  person not required to prepay costs and fees as provided in s.
 1788  57.081. The court shall advance the cause on the calendar.
 1789         (b) Notwithstanding s. 394.4625(1), consent to medical,
 1790  dental, psychological, substance abuse, and surgical diagnosis
 1791  and treatment, including preventative care and care by a
 1792  facility licensed under chapter 394, chapter 395, or chapter 397
 1793  and any forensic medical examination for the purpose of
 1794  investigating any felony offense under chapter 784, chapter 787,
 1795  chapter 794, chapter 800, or chapter 827, for:
 1796         1. Himself or herself; or
 1797         2. His or her child, if the certified unaccompanied
 1798  homeless youth is unmarried, is the parent of the child, and has
 1799  actual custody of the child.
 1800         (4) This section does not affect the requirements of s.
 1801  390.01114.
 1802         Section 30. Paragraph (f) of subsection (1) of section
 1803  1009.25, Florida Statutes, is amended to read
 1804         1009.25 Fee exemptions.—
 1805         (1) The following students are exempt from the payment of
 1806  tuition and fees, including lab fees, at a school district that
 1807  provides workforce education programs, Florida College System
 1808  institution, or state university:
 1809         (f) A student who lacks a fixed, regular, and adequate
 1810  nighttime residence or whose primary nighttime residence is a
 1811  public or private shelter designed to provide temporary
 1812  residence, a public or private transitional living program for
 1813  individuals intended to be institutionalized, or a public or
 1814  private place not designed for, or ordinarily used as, a regular
 1815  sleeping accommodation for human beings. This includes a student
 1816  who, if it were not for the availability of college or
 1817  university dormitory housing, would be homeless.
 1818         Section 31. Subsection (1) of section 39.524, Florida
 1819  Statutes, is amended to read:
 1820         39.524 Safe-harbor placement.—
 1821         (1) Except as provided in s. 39.407 or s. 985.801, a
 1822  dependent child 6 years of age or older who has been found to be
 1823  a victim of sexual exploitation as defined in s. 39.01 s.
 1824  39.01(70)(g) must be assessed for placement in a safe house or
 1825  safe foster home as provided in s. 409.1678 using the initial
 1826  screening and assessment instruments provided in s. 409.1754(1).
 1827  If such placement is determined to be appropriate for the child
 1828  as a result of this assessment, the child may be placed in a
 1829  safe house or safe foster home, if one is available. However,
 1830  the child may be placed in another setting, if the other setting
 1831  is more appropriate to the child’s needs or if a safe house or
 1832  safe foster home is unavailable, as long as the child’s
 1833  behaviors are managed so as not to endanger other children
 1834  served in that setting.
 1835         Section 32. Paragraph (p) of subsection (4) of section
 1836  394.495, Florida Statutes, is amended to read:
 1837         394.495 Child and adolescent mental health system of care;
 1838  programs and services.—
 1839         (4) The array of services may include, but is not limited
 1840  to:
 1841         (p) Trauma-informed services for children who have suffered
 1842  sexual exploitation as defined in s. 39.01 s. 39.01(70)(g).
 1843         Section 33. Paragraph (c) of subsection (1) and paragraphs
 1844  (a) and (b) of subsection (6) of section 409.1678, Florida
 1845  Statutes, are amended to read:
 1846         409.1678 Specialized residential options for children who
 1847  are victims of sexual exploitation.—
 1848         (1) DEFINITIONS.—As used in this section, the term:
 1849         (c) “Sexually exploited child” means a child who has
 1850  suffered sexual exploitation as defined in s. 39.01 s.
 1851  39.01(70)(g) and is ineligible for relief and benefits under the
 1852  federal Trafficking Victims Protection Act, 22 U.S.C. ss. 7101
 1853  et seq.
 1854         (6) LOCATION INFORMATION.—
 1855         (a) Information about the location of a safe house, safe
 1856  foster home, or other residential facility serving victims of
 1857  sexual exploitation, as defined in s. 39.01 s. 39.01(70)(g),
 1858  which is held by an agency, as defined in s. 119.011, is
 1859  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1860  of the State Constitution. This exemption applies to such
 1861  confidential and exempt information held by an agency before,
 1862  on, or after the effective date of the exemption.
 1863         (b) Information about the location of a safe house, safe
 1864  foster home, or other residential facility serving victims of
 1865  sexual exploitation, as defined in s. 39.01 s. 39.01(70)(g), may
 1866  be provided to an agency, as defined in s. 119.011, as necessary
 1867  to maintain health and safety standards and to address emergency
 1868  situations in the safe house, safe foster home, or other
 1869  residential facility.
 1870         Section 34. Subsection (5) of section 960.065, Florida
 1871  Statutes, is amended to read:
 1872         960.065 Eligibility for awards.—
 1873         (5) A person is not ineligible for an award pursuant to
 1874  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 1875  person is a victim of sexual exploitation of a child as defined
 1876  in s. 39.01 s. 39.01(70)(g).
 1877         Section 35. Section 409.1679, Florida Statutes, is amended
 1878  to read:
 1879         409.1679 Additional requirements; reimbursement
 1880  methodology.—
 1881         (1) Each program established under s. 409.1676 ss. 409.1676
 1882  and 409.1677 must meet the following expectations, which must be
 1883  included in its contracts with the department or lead agency:
 1884         (a) No more than 10 percent of the children served may move
 1885  from one living environment to another, unless the child is
 1886  returned to family members or is moved, in accordance with the
 1887  treatment plan, to a less-restrictive setting. Each child must
 1888  have a comprehensive transitional plan that identifies the
 1889  child’s living arrangement upon leaving the program and specific
 1890  steps and services that are being provided to prepare for that
 1891  arrangement. Specific expectations as to the time period
 1892  necessary for the achievement of these permanency goals must be
 1893  included in the contract.
 1894         (b) Each child must receive a full academic year of
 1895  appropriate educational instruction. No more than 10 percent of
 1896  the children may be in more than one academic setting in an
 1897  academic year, unless the child is being moved, in accordance
 1898  with an educational plan, to a less-restrictive setting. Each
 1899  child must demonstrate academic progress and must be performing
 1900  at grade level or at a level commensurate with a valid academic
 1901  assessment.
 1902         (c) Siblings must be kept together in the same living
 1903  environment 100 percent of the time, unless that is determined
 1904  by the provider not to be in the children’s best interest. When
 1905  siblings are separated in placement, the decision must be
 1906  reviewed and approved by the court within 30 days.
 1907         (d) The program must experience a caregiver turnover rate
 1908  and an incidence of child runaway episodes which are at least 50
 1909  percent below the rates experienced in the rest of the state.
 1910         (e) In addition to providing a comprehensive assessment,
 1911  the program must provide, 100 percent of the time, any or all of
 1912  the following services that are indicated through the
 1913  assessment: residential care; transportation; behavioral health
 1914  services; recreational activities; clothing, supplies, and
 1915  miscellaneous expenses associated with caring for these
 1916  children; necessary arrangements for or provision of educational
 1917  services; and necessary and appropriate health and dental care.
 1918         (f) The children who are served in this program must be
 1919  satisfied with the services and living environment.
 1920         (g) The caregivers must be satisfied with the program.
 1921         (2) Notwithstanding the provisions of s. 409.141, The
 1922  Department of Children and Families shall fairly and reasonably
 1923  reimburse the programs established under s. 409.1676 ss.
 1924  409.1676 and 409.1677 based on a prospective per diem rate,
 1925  which must be specified annually in the General Appropriations
 1926  Act. Funding for these programs shall be made available from
 1927  resources appropriated and identified in the General
 1928  Appropriations Act.
 1929         Section 36. Subsection (11) of section 1002.3305, Florida
 1930  Statutes, is amended to read:
 1931         1002.3305 College-Preparatory Boarding Academy Pilot
 1932  Program for at-risk students.—
 1933         (11) STUDENT HOUSING.—Notwithstanding s. 409.176 ss.
 1934  409.1677(3)(d) and 409.176 or any other provision of law, an
 1935  operator may house and educate dependent, at-risk youth in its
 1936  residential school for the purpose of facilitating the mission
 1937  of the program and encouraging innovative practices.
 1938         Section 37. For the purpose of incorporating the amendment
 1939  made by this act to section 456.057, Florida Statutes, in a
 1940  reference thereto, subsection (2) of section 483.181, Florida
 1941  Statutes, is reenacted to read:
 1942         483.181 Acceptance, collection, identification, and
 1943  examination of specimens.—
 1944         (2) The results of a test must be reported directly to the
 1945  licensed practitioner or other authorized person who requested
 1946  it, and appropriate disclosure may be made by the clinical
 1947  laboratory without a patient’s consent to other health care
 1948  practitioners and providers involved in the care or treatment of
 1949  the patient as specified in s. 456.057(7)(a). The report must
 1950  include the name and address of the clinical laboratory in which
 1951  the test was actually performed, unless the test was performed
 1952  in a hospital laboratory and the report becomes an integral part
 1953  of the hospital record.
 1954         Section 38. This act shall take effect January 1, 2018.