Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1650
       
       
       
       
       
       
                                Ì868338LÎ868338                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/29/2018           .                                
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       The Committee on Children, Families, and Elder Affairs
       (Montford) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (7) of section 39.001, Florida
    6  Statutes, is amended, and paragraph (q) is added to subsection
    7  (1) and paragraph (j) is added to subsection (3) of that
    8  section, to read:
    9         39.001 Purposes and intent; personnel standards and
   10  screening.—
   11         (1) PURPOSES OF CHAPTER.—The purposes of this chapter are:
   12         (q)To recognize the responsibility of:
   13         1.The parent from whose custody a child has been taken to
   14  take action to comply with the case plan so reunification with
   15  the child may occur within the shortest period of time possible,
   16  but not more than 1 year after removal or adjudication of the
   17  child.
   18         2.The department and its community-based care providers to
   19  make reasonable efforts to finalize a family’s permanency plan,
   20  including assisting parents with developing strategies to
   21  overcome barriers to case plan compliance.
   22         3.The court to affirmatively determine what the barriers
   23  are to timely reunification, and address such barriers as
   24  frequently as needed to ensure compliance with the time
   25  limitations established in this chapter.
   26         (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
   27  the Legislature that the children of this state be provided with
   28  the following protections:
   29         (j)The ability to contact their guardian ad litem or
   30  attorney ad litem, if appointed, by having that individual’s
   31  name entered on all orders of the court.
   32         (7) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES.
   33  Parents, custodians, and guardians are deemed by the state to be
   34  responsible for providing their children with sufficient
   35  support, guidance, and supervision. The state further recognizes
   36  that the ability of parents, custodians, and guardians to
   37  fulfill those responsibilities can be greatly impaired by
   38  economic, social, behavioral, emotional, and related problems.
   39  It is therefore the policy of the Legislature that it is the
   40  state’s responsibility to ensure that factors impeding the
   41  ability of caregivers to fulfill their responsibilities are
   42  identified through the dependency process and that appropriate
   43  recommendations and services to address those problems are
   44  considered in any judicial or nonjudicial proceeding. The
   45  Legislature also recognizes that time is of the essence for
   46  establishing permanency for a child in the dependency system.
   47  Therefore, parents must take action to comply with the case plan
   48  so reunification with the child may occur within the shortest
   49  period of time possible, but not more than 1 year after removal
   50  or adjudication of the child, including by notifying the parties
   51  and the court of barriers to case plan compliance.
   52         Section 2. Section 39.0136, Florida Statutes, is amended to
   53  read:
   54         39.0136 Time limitations; continuances.—
   55         (1) The Legislature finds that time is of the essence for
   56  establishing permanency for a child in the dependency system.
   57  Time limitations are a right of the child which may not be
   58  waived, extended, or continued at the request of any party
   59  except as provided in this section.
   60         (2)(a)All parties and the court must work together to
   61  ensure that permanency is achieved as soon as possible for every
   62  child through timely performance of their responsibilities under
   63  this chapter.
   64         (b)The department shall ensure that parents have the
   65  information necessary to contact their caseworker. When a new
   66  caseworker is assigned to a case, the caseworker shall make a
   67  timely and diligent effort to notify the parent and provide
   68  updated contact information.
   69         (3)(2) The time limitations in this chapter do not include:
   70         (a) Periods of delay resulting from a continuance granted
   71  at the request of the child’s counsel or the child’s guardian ad
   72  litem or, if the child is of sufficient capacity to express
   73  reasonable consent, at the request or with the consent of the
   74  child. The court must consider the best interests of the child
   75  when determining periods of delay under this section.
   76         (b) Periods of delay resulting from a continuance granted
   77  at the request of any party if the continuance is granted:
   78         1. Because of an unavailability of evidence that is
   79  material to the case if the requesting party has exercised due
   80  diligence to obtain evidence and there are substantial grounds
   81  to believe that the evidence will be available within 30 days.
   82  However, if the requesting party is not prepared to proceed
   83  within 30 days, any other party may move for issuance of an
   84  order to show cause or the court on its own motion may impose
   85  appropriate sanctions, which may include dismissal of the
   86  petition.
   87         2. To allow the requesting party additional time to prepare
   88  the case and additional time is justified because of an
   89  exceptional circumstance.
   90         (c) Reasonable periods of delay necessary to accomplish
   91  notice of the hearing to the child’s parent or legal custodian;
   92  however, the petitioner shall continue regular efforts to
   93  provide notice to the parents during the periods of delay.
   94         (4)(3) Notwithstanding subsection (3) (2), in order to
   95  expedite permanency for a child, the total time allowed for
   96  continuances or extensions of time, including continuances or
   97  extensions by the court on its own motion, may not exceed 60
   98  days within any 12-month period for proceedings conducted under
   99  this chapter.
  100         (a) A continuance or extension of time may be granted only
  101  for extraordinary circumstances in which it is necessary to
  102  preserve the constitutional rights of a party or if substantial
  103  evidence exists to demonstrate that without granting a
  104  continuance or extension of time the child’s best interests will
  105  be harmed.
  106         (b)The court may deny a request for extension of time to
  107  achieve compliance with a case plan task if the parent failed to
  108  notify the parties and the court within a reasonable time of
  109  discovering the barrier to completion of the task.
  110         (c)An order entered under this section shall specify the
  111  new date for the continued hearing or deadline.
  112         (5)(4) Notwithstanding subsection (3) (2), a continuance or
  113  an extension of time is limited to the number of days absolutely
  114  necessary to complete a necessary task in order to preserve the
  115  rights of a party or the best interests of a child.
  116         Section 3. Subsections (2) and (5) of section 39.202,
  117  Florida Statutes, are amended to read:
  118         39.202 Confidentiality of reports and records in cases of
  119  child abuse or neglect.—
  120         (2) Except as provided in subsection (4), access to such
  121  records, excluding the name of the reporter and the names of
  122  instructional personnel as defined in s. 1012.01(2), school
  123  administrators as defined in s. 1012.01(3)(c), and educational
  124  support employees as described in s. 1012.01(6)(a) who have
  125  provided information during a protective investigation which
  126  shall be released only as provided in subsection (5), shall be
  127  granted only to the following persons, officials, and agencies:
  128         (a) Employees, authorized agents, or contract providers of
  129  the department, the Department of Health, the Agency for Persons
  130  with Disabilities, the Office of Early Learning, or county
  131  agencies responsible for carrying out:
  132         1. Child or adult protective investigations;
  133         2. Ongoing child or adult protective services;
  134         3. Early intervention and prevention services;
  135         4. Healthy Start services;
  136         5. Licensure or approval of adoptive homes, foster homes,
  137  child care facilities, facilities licensed under chapter 393,
  138  family day care homes, providers who receive school readiness
  139  funding under part VI of chapter 1002, or other homes used to
  140  provide for the care and welfare of children;
  141         6. Employment screening for caregivers in residential group
  142  homes; or
  143         7. Services for victims of domestic violence when provided
  144  by certified domestic violence centers working at the
  145  department’s request as case consultants or with shared clients.
  146  
  147  Also, employees or agents of the Department of Juvenile Justice
  148  responsible for the provision of services to children, pursuant
  149  to chapters 984 and 985.
  150         (b) Criminal justice agencies of appropriate jurisdiction.
  151         (c) The state attorney of the judicial circuit in which the
  152  child resides or in which the alleged abuse or neglect occurred.
  153         (d) The parent or legal custodian of any child who is
  154  alleged to have been abused, abandoned, or neglected, and the
  155  child, and their attorneys, including any attorney representing
  156  a child in civil or criminal proceedings. This access must shall
  157  be made available no later than 60 days after the department
  158  receives the initial report of abuse, neglect, or abandonment.
  159  However, any information otherwise made confidential or exempt
  160  by law may shall not be released pursuant to this paragraph.
  161         (e) Any person alleged in the report as having caused the
  162  abuse, abandonment, or neglect of a child. This access must
  163  shall be made available no later than 60 days after the
  164  department receives the initial report of abuse, abandonment, or
  165  neglect and, when the alleged perpetrator is not a parent, must
  166  shall be limited to information involving the protective
  167  investigation only and may shall not include any information
  168  relating to subsequent dependency proceedings. However, any
  169  information otherwise made confidential or exempt by law may
  170  shall not be released pursuant to this paragraph.
  171         (f) A court upon its finding that access to such records
  172  may be necessary for the determination of an issue before the
  173  court; however, such access must shall be limited to inspection
  174  in camera, unless the court determines that public disclosure of
  175  the information contained therein is necessary for the
  176  resolution of an issue then pending before it.
  177         (g) A grand jury, by subpoena, upon its determination that
  178  access to such records is necessary in the conduct of its
  179  official business.
  180         (h) Any appropriate official of the department or the
  181  Agency for Persons with Disabilities who is responsible for:
  182         1. Administration or supervision of the department’s
  183  program for the prevention, investigation, or treatment of child
  184  abuse, abandonment, or neglect, or abuse, neglect, or
  185  exploitation of a vulnerable adult, when carrying out his or her
  186  official function;
  187         2. Taking appropriate administrative action concerning an
  188  employee of the department or the agency who is alleged to have
  189  perpetrated child abuse, abandonment, or neglect, or abuse,
  190  neglect, or exploitation of a vulnerable adult; or
  191         3. Employing and continuing employment of personnel of the
  192  department or the agency.
  193         (i) Any person authorized by the department who is engaged
  194  in the use of such records or information for bona fide
  195  research, statistical, or audit purposes. Such individual or
  196  entity shall enter into a privacy and security agreement with
  197  the department and shall comply with all laws and rules
  198  governing the use of such records and information for research
  199  and statistical purposes. Information identifying the subjects
  200  of such records or information shall be treated as confidential
  201  by the researcher and may shall not be released in any form.
  202         (j) The Division of Administrative Hearings for purposes of
  203  any administrative challenge.
  204         (k) Any appropriate official of an a Florida advocacy
  205  council in this state investigating a report of known or
  206  suspected child abuse, abandonment, or neglect; the Auditor
  207  General or the Office of Program Policy Analysis and Government
  208  Accountability for the purpose of conducting audits or
  209  examinations pursuant to law; or the guardian ad litem for the
  210  child.
  211         (l) Employees or agents of an agency of another state that
  212  has comparable jurisdiction to the jurisdiction described in
  213  paragraph (a).
  214         (m) The Public Employees Relations Commission for the sole
  215  purpose of obtaining evidence for appeals filed pursuant to s.
  216  447.207. Records may be released only after deletion of all
  217  information which specifically identifies persons other than the
  218  employee.
  219         (n) Employees or agents of the Department of Revenue
  220  responsible for child support enforcement activities.
  221         (o) Any person in the event of the death of a child
  222  determined to be a result of abuse, abandonment, or neglect.
  223  Information identifying the person reporting abuse, abandonment,
  224  or neglect may shall not be released. Any information otherwise
  225  made confidential or exempt by law may shall not be released
  226  pursuant to this paragraph.
  227         (p) An employee of the local school district who is
  228  designated as a liaison between the school district and the
  229  department pursuant to an interagency agreement required under
  230  s. 39.0016 and the principal of a public school, private school,
  231  or charter school where the child is a student. Information
  232  contained in the records which the liaison or the principal
  233  determines are necessary for a school employee to effectively
  234  provide a student with educational services may be released to
  235  that employee.
  236         (q) An employee or agent of the Department of Education who
  237  is responsible for the investigation or prosecution of
  238  misconduct by a certified educator.
  239         (r) Staff of a children’s advocacy center that is
  240  established and operated under s. 39.3035.
  241         (s) A physician licensed under chapter 458 or chapter 459,
  242  a psychologist licensed under chapter 490, or a mental health
  243  professional licensed under chapter 491 engaged in the care or
  244  treatment of the child.
  245         (t) Persons with whom the department is seeking to place
  246  the child or to whom placement has been granted, including
  247  foster parents for whom an approved home study has been
  248  conducted, the designee of a licensed residential group home
  249  described in s. 39.523, an approved relative or nonrelative with
  250  whom a child is placed pursuant to s. 39.402, preadoptive
  251  parents for whom a favorable preliminary adoptive home study has
  252  been conducted, adoptive parents, or an adoption entity acting
  253  on behalf of preadoptive or adoptive parents.
  254         (5)(a) The name of any person reporting child abuse,
  255  abandonment, or neglect may not be released to any person other
  256  than employees of the department responsible for child
  257  protective services, the central abuse hotline, law enforcement,
  258  the child protection team, or the appropriate state attorney,
  259  without the written consent of the person reporting. This does
  260  not prohibit the subpoenaing of a person reporting child abuse,
  261  abandonment, or neglect when deemed necessary by the court, the
  262  state attorney, or the department, provided the fact that such
  263  person made the report is not disclosed. Any person who reports
  264  a case of child abuse or neglect may, at the time he or she
  265  makes the report, request that the department notify him or her
  266  that a child protective investigation occurred as a result of
  267  the report. Any person specifically listed in s. 39.201(1) who
  268  makes a report in his or her official capacity may also request
  269  a written summary of the outcome of the investigation. The
  270  department must shall mail such a notice to the reporter within
  271  10 days after completing the child protective investigation.
  272         (b) The names of instructional personnel as defined in s.
  273  1012.01(2), school administrators as defined in s.
  274  1012.01(3)(c), and educational support employees as described in
  275  s. 1012.01(6)(a) who have provided information during a
  276  protective investigation may not be released to any person other
  277  than employees of the department responsible for child
  278  protective services, the central abuse hotline, law enforcement,
  279  the child protection team, or the appropriate state attorney
  280  without the written consent of such personnel.
  281         Section 4. Paragraph (f) of subsection (14) and subsections
  282  (15) and (18) of section 39.402, Florida Statutes, are amended
  283  to read:
  284         39.402 Placement in a shelter.—
  285         (14) The time limitations in this section do not include:
  286         (f) Continuances or extensions of time may not total more
  287  than 60 days for all parties, and the court on its own motion,
  288  within any 12-month period during proceedings under this
  289  chapter. A continuance or extension beyond the 60 days may be
  290  granted only for extraordinary circumstances necessary to
  291  preserve the constitutional rights of a party or when
  292  substantial evidence demonstrates that the child’s best
  293  interests will be affirmatively harmed without the granting of a
  294  continuance or extension of time. When a continuance or
  295  extension is granted, the order shall specify the new date for
  296  the continued hearing or deadline.
  297         (15) The department, at the conclusion of the shelter
  298  hearing, shall make available to parents or legal custodians
  299  seeking voluntary services, any referral information necessary
  300  for participation in such identified services to allow the
  301  parents to begin the services immediately. The parents’ or legal
  302  custodians’ participation in the services shall not be
  303  considered an admission or other acknowledgment of the
  304  allegations in the shelter petition.
  305         (18) The court shall advise the parents in plain language
  306  what is expected of them to achieve reunification with their
  307  child, including that:,
  308         (a)Parents must take action to comply with the case plan
  309  so reunification with the child may occur within the shortest
  310  period of time possible, but not more than 1 year after removal
  311  or adjudication of the child.
  312         (b)Parents must stay in contact with their attorney and
  313  their caseworker.
  314         (c)Parents must notify the parties and the court of
  315  barriers to completing case plan tasks within a reasonable time
  316  after discovering such barriers.
  317         (d) If the parents fail to substantially comply with the
  318  case plan, their parental rights may be terminated and that the
  319  child’s out-of-home placement may become permanent.
  320         Section 5. Paragraph (c) of subsection (7) of section
  321  39.507, Florida Statutes, is amended to read:
  322         39.507 Adjudicatory hearings; orders of adjudication.—
  323         (7)
  324         (c) If a court adjudicates a child dependent and the child
  325  is in out-of-home care, the court shall inquire of the parent or
  326  parents whether the parents have relatives who might be
  327  considered as a placement for the child. The parent or parents
  328  shall provide the court and all parties with identification and
  329  location information for such relatives. The court shall advise
  330  the parents in plain language that:,
  331         1.Parents must take action to comply with the case plan so
  332  reunification with the child may occur within the shortest
  333  period of time possible, but not more than 1 year after removal
  334  or adjudication of the child.
  335         2.Parents must stay in contact with their attorney and
  336  their caseworker.
  337         3.Parents must notify the parties and the court of
  338  barriers to completing case plan tasks within a reasonable time
  339  after discovering such barriers.
  340         4. If the parents fail to substantially comply with the
  341  case plan, their parental rights may be terminated and that the
  342  child’s out-of-home placement may become permanent. The parent
  343  or parents shall provide to the court and all parties
  344  identification and location information of the relatives.
  345         Section 6. Paragraph (a) of subsection (1) of section
  346  39.521, Florida Statutes, is amended to read:
  347         39.521 Disposition hearings; powers of disposition.—
  348         (1) A disposition hearing shall be conducted by the court,
  349  if the court finds that the facts alleged in the petition for
  350  dependency were proven in the adjudicatory hearing, or if the
  351  parents or legal custodians have consented to the finding of
  352  dependency or admitted the allegations in the petition, have
  353  failed to appear for the arraignment hearing after proper
  354  notice, or have not been located despite a diligent search
  355  having been conducted.
  356         (a) A written case plan and a family functioning assessment
  357  prepared by an authorized agent of the department must be
  358  approved by the court. The department must file the case plan
  359  and the family functioning assessment with the court, serve
  360  copies a copy of the case plan on the parents of the child, and
  361  provide copies a copy of the case plan to the representative of
  362  the guardian ad litem program, if the program has been
  363  appointed, and copies a copy to all other parties:
  364         1. Not less than 72 hours before the disposition hearing,
  365  if the disposition hearing occurs on or after the 60th day after
  366  the date the child was placed in out-of-home care. All such case
  367  plans must be approved by the court.
  368         2. Not less than 72 hours before the case plan acceptance
  369  hearing, if the disposition hearing occurs before the 60th day
  370  after the date the child was placed in out-of-home care and a
  371  case plan has not been submitted pursuant to this paragraph, or
  372  if the court does not approve the case plan at the disposition
  373  hearing. The case plan acceptance hearing must occur within 30
  374  days after the disposition hearing to review and approve the
  375  case plan.
  376         Section 7. Subsection (1) of section 39.522, Florida
  377  Statutes, is amended to read:
  378         39.522 Postdisposition change of custody.—The court may
  379  change the temporary legal custody or the conditions of
  380  protective supervision at a postdisposition hearing, without the
  381  necessity of another adjudicatory hearing.
  382         (1) At any time before a child achieves the permanency
  383  placement approved at the permanency hearing, a child who has
  384  been placed in the child’s own home under the protective
  385  supervision of an authorized agent of the department, in the
  386  home of a relative, in the home of a legal custodian, or in some
  387  other place may be brought before the court by the department or
  388  by any other interested person, upon the filing of a motion
  389  petition alleging a need for a change in the conditions of
  390  protective supervision or the placement. If the parents or other
  391  legal custodians deny the need for a change, the court shall
  392  hear all parties in person or by counsel, or both. Upon the
  393  admission of a need for a change or after such hearing, the
  394  court shall enter an order changing the placement, modifying the
  395  conditions of protective supervision, or continuing the
  396  conditions of protective supervision as ordered. The standard
  397  for changing custody of the child shall be the best interest of
  398  the child. When applying this standard, the court shall consider
  399  the continuity of the child’s placement in the same out-of-home
  400  residence as a factor when determining the best interests of the
  401  child. If the child is not placed in foster care, then the new
  402  placement for the child must meet the home study criteria and
  403  court approval pursuant to this chapter.
  404         Section 8. Present subsections (4) through (8) of section
  405  39.6011, Florida Statutes, are redesignated as subsections (5)
  406  through (9), respectively, and paragraph (e) of subsection (2),
  407  subsection (3), and present subsection (6) of that section are
  408  amended, to read:
  409         39.6011 Case plan development.—
  410         (2) The case plan must be written simply and clearly in
  411  English and, if English is not the principal language of the
  412  child’s parent, to the extent possible in the parent’s principal
  413  language. Each case plan must contain:
  414         (e) A written notice to the parent that it is the parents’
  415  responsibility to take action to comply with the case plan so
  416  reunification with the child may occur within the shortest
  417  period of time possible, but not more than 1 year after removal
  418  or adjudication of the child; the parent must notify the parties
  419  and the court of barriers to completing case plan tasks within a
  420  reasonable time after discovering such barriers; failure of the
  421  parent to substantially comply with the case plan may result in
  422  the termination of parental rights;, and that a material breach
  423  of the case plan by the parent’s action or inaction may result
  424  in the filing of a petition for termination of parental rights
  425  sooner than the compliance period set forth in the case plan.
  426         (3) The case plan must be signed by all parties, except
  427  that the signature of a child may be waived if the child is not
  428  of an age or capacity to participate in the case-planning
  429  process. Signing the case plan constitutes an acknowledgment
  430  that the case plan has been developed by the parties and that
  431  they are in agreement as to the terms and conditions contained
  432  in the case plan. The refusal of a parent to sign the case plan
  433  does not prevent the court from accepting the case plan if the
  434  case plan is otherwise acceptable to the court. Signing the case
  435  plan does not constitute an admission to any allegation of
  436  abuse, abandonment, or neglect and does not constitute consent
  437  to a finding of dependency or termination of parental rights.
  438         (4) Before signing the case plan, the department shall
  439  explain the provisions of the plan to all persons involved in
  440  its implementation, including, when appropriate, the child. The
  441  department shall ensure that the parent has contact information
  442  for all entities necessary to complete the tasks in the plan.
  443  The department shall explain the strategies included in the plan
  444  that the parent can use to overcome barriers to case plan
  445  compliance and that if a barrier is discovered and the parties
  446  are not actively working to overcome such barrier, the parent
  447  must notify the parties and the court within a reasonable time
  448  after discovering such barrier.
  449         (7)(6) After the case plan has been developed, the
  450  department shall adhere to the following procedural
  451  requirements:
  452         (a) If the parent’s substantial compliance with the case
  453  plan requires the department to provide services to the parents
  454  or the child and the parents agree to begin compliance with the
  455  case plan before the case plan’s acceptance by the court, the
  456  department shall make the appropriate referrals for services
  457  that will allow the parents to begin the agreed-upon tasks and
  458  services immediately.
  459         (b)All other referrals for services shall be completed as
  460  soon as possible, but not more than 7 days after the date of the
  461  case plan approval, unless the case plan specifies that a task
  462  may not be undertaken until another specified task has been
  463  completed.
  464         (c)(b) After the case plan has been agreed upon and signed
  465  by the parties, a copy of the plan must be given immediately to
  466  the parties, including the child if appropriate, and to other
  467  persons as directed by the court.
  468         1. A case plan must be prepared, but need not be submitted
  469  to the court, for a child who will be in care no longer than 30
  470  days unless that child is placed in out-of-home care a second
  471  time within a 12-month period.
  472         2. In each case in which a child has been placed in out-of
  473  home care, a case plan must be prepared within 60 days after the
  474  department removes the child from the home and shall be
  475  submitted to the court before the disposition hearing for the
  476  court to review and approve.
  477         3. After jurisdiction attaches, all case plans must be
  478  filed with the court, and a copy provided to all the parties
  479  whose whereabouts are known, not less than 3 business days
  480  before the disposition hearing. The department shall file with
  481  the court, and provide copies to the parties, all case plans
  482  prepared before jurisdiction of the court attached.
  483         Section 9. Paragraph (b) of subsection (1) of section
  484  39.6012, Florida Statutes, is amended, and subsection (4) is
  485  added to that section, to read:
  486         39.6012 Case plan tasks; services.—
  487         (1) The services to be provided to the parent and the tasks
  488  that must be completed are subject to the following:
  489         (b) The case plan must describe each of the tasks with
  490  which the parent must comply and the services to be provided to
  491  the parent, specifically addressing the identified problem,
  492  including:
  493         1. The type of services or treatment.
  494         2. The date the department will provide each service or
  495  referral for the service if the service is being provided by the
  496  department or its agent.
  497         3. The date by which the parent must complete each task.
  498         4. The frequency of services or treatment provided. The
  499  frequency of the delivery of services or treatment provided
  500  shall be determined by the professionals providing the services
  501  or treatment on a case-by-case basis and adjusted according to
  502  their best professional judgment.
  503         5. The location of the delivery of the services.
  504         6. The staff of the department or service provider
  505  accountable for the services or treatment.
  506         7. A description of the measurable objectives, including
  507  the timeframes specified for achieving the objectives of the
  508  case plan and addressing the identified problem.
  509         8.Strategies to overcome barriers to case plan compliance,
  510  including, but not limited to, the provision of contact
  511  information, information on acceptable alternative services or
  512  providers, and an explanation that the parent must notify the
  513  parties within a reasonable time of discovering a barrier that
  514  the parties are not actively working to overcome.
  515         Section 10. Subsection (7) of section 39.6013, Florida
  516  Statutes, is amended to read:
  517         39.6013 Case plan amendments.—
  518         (7) Amendments must include service interventions that are
  519  the least intrusive into the life of the parent and child, must
  520  focus on clearly defined objectives, and must provide the most
  521  efficient path to quick reunification or permanent placement
  522  given the circumstances of the case and the child’s need for
  523  safe and proper care. A copy of the amended plan must be
  524  immediately given to the persons identified in s. 39.6011(7)(c)
  525  s. 39.6011(6)(b).
  526         Section 11. Present subsections (7) through (10) of section
  527  39.621, Florida Statutes, are redesignated as subsections (8)
  528  through (11), respectively, subsection (5) and present
  529  subsections (9), (10), and (11) are amended, and a new
  530  subsection (7) is added to that section, to read:
  531         39.621 Permanency determination by the court.—
  532         (5) At the permanency hearing, the court shall determine:
  533         (a) Whether the current permanency goal for the child is
  534  appropriate or should be changed.;
  535         (b) When the child will achieve one of the permanency
  536  goals.; and
  537         (c) Whether the department has made reasonable efforts to
  538  finalize the permanency plan currently in effect.
  539         (7)If the court determines that the child’s goal is
  540  appropriate but the child will be in out-of-home care for more
  541  than 12 months before achieving permanency, in those cases where
  542  the goal is reunification or adoption, the court shall hold
  543  permanency status hearings for the child every 60 days until the
  544  child reaches permanency or the court makes a determination that
  545  it is in the child’s best interest to change the permanency
  546  goal.
  547         (10)(9) The case plan must list the tasks necessary to
  548  finalize the permanency placement and shall be updated at the
  549  permanency hearing unless the child will achieve permanency
  550  within 60 days after the hearing if necessary. If a concurrent
  551  case plan is in place, the court may choose between the
  552  permanency goal options presented and shall approve the goal
  553  that is in the child’s best interest.
  554         (11)(10) The permanency placement is intended to continue
  555  until the child reaches the age of majority and may not be
  556  disturbed absent a finding by the court that the circumstances
  557  of the permanency placement are no longer in the best interest
  558  of the child.
  559         (a) If, after a child has achieved the permanency placement
  560  approved at the permanency hearing, a parent who has not had his
  561  or her parental rights terminated makes a motion for
  562  reunification or increased contact with the child, the court
  563  shall hold a hearing to determine whether the dependency case
  564  should be reopened and whether there should be a modification of
  565  the order.
  566         (b) At the hearing, the parent must demonstrate that the
  567  safety, well-being, and physical, mental, and emotional health
  568  of the child is not endangered by the modification.
  569         (c)(11) The court shall base its decision concerning any
  570  motion by a parent for reunification or increased contact with a
  571  child on the effect of the decision on the safety, well-being,
  572  and physical and emotional health of the child. Factors that
  573  must be considered and addressed in the findings of fact of the
  574  order on the motion must include:
  575         1.(a) The compliance or noncompliance of the parent with
  576  the case plan;
  577         2.(b) The circumstances which caused the child’s dependency
  578  and whether those circumstances have been resolved;
  579         3.(c) The stability and longevity of the child’s placement;
  580         4.(d) The preferences of the child, if the child is of
  581  sufficient age and understanding to express a preference;
  582         5.(e) The recommendation of the current custodian; and
  583         6.(f) The recommendation of the guardian ad litem, if one
  584  has been appointed.
  585         Section 12. Paragraph (d) of subsection (2) of section
  586  39.701, Florida Statutes, is amended to read:
  587         39.701 Judicial review.—
  588         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
  589  AGE.—
  590         (d) Orders.—
  591         1. Based upon the criteria set forth in paragraph (c) and
  592  the recommended order of the citizen review panel, if any, the
  593  court shall determine whether or not the social service agency
  594  shall initiate proceedings to have a child declared a dependent
  595  child, return the child to the parent, continue the child in
  596  out-of-home care for a specified period of time, or initiate
  597  termination of parental rights proceedings for subsequent
  598  placement in an adoptive home. Amendments to the case plan must
  599  be prepared as prescribed in s. 39.6013. If the court finds that
  600  the prevention or reunification efforts of the department will
  601  allow the child to remain safely at home or be safely returned
  602  to the home, the court shall allow the child to remain in or
  603  return to the home after making a specific finding of fact that
  604  the reasons for the creation of the case plan have been remedied
  605  to the extent that the child’s safety, well-being, and physical,
  606  mental, and emotional health will not be endangered.
  607         2. The court shall return the child to the custody of the
  608  parents at any time it determines that they have substantially
  609  complied with the case plan, if the court is satisfied that
  610  reunification will not be detrimental to the child’s safety,
  611  well-being, and physical, mental, and emotional health.
  612         3. If, in the opinion of the court, the social service
  613  agency has not complied with its obligations as specified in the
  614  written case plan, the court may find the social service agency
  615  in contempt, shall order the social service agency to submit its
  616  plans for compliance with the agreement, and shall require the
  617  social service agency to show why the child could not safely be
  618  returned to the home of the parents.
  619         4. If, at any judicial review, the court finds that the
  620  parents have failed to substantially comply with the case plan
  621  to the degree that further reunification efforts are without
  622  merit and not in the best interest of the child, on its own
  623  motion, the court may order the filing of a petition for
  624  termination of parental rights, whether or not the time period
  625  as contained in the case plan for substantial compliance has
  626  expired.
  627         5. Within 6 months after the date that the child was placed
  628  in shelter care, the court shall conduct a judicial review
  629  hearing to review the child’s permanency goal as identified in
  630  the case plan. At the hearing the court shall make written
  631  findings regarding the likelihood of the child’s reunification
  632  with the parent or legal custodian within 12 months after the
  633  removal of the child from the home. If the court makes a written
  634  finding that it is not likely that the child will be reunified
  635  with the parent or legal custodian within 12 months after the
  636  child was removed from the home, the department must file with
  637  the court, and serve on all parties, a motion to amend the case
  638  plan under s. 39.6013 and declare that it will use concurrent
  639  planning for the case plan. The department must file the motion
  640  within 10 business days after receiving the written finding of
  641  the court. The department must attach the proposed amended case
  642  plan to the motion. If concurrent planning is already being
  643  used, the department must file with the court, and serve on all
  644  parties, a motion to amend the case plan to reflect the
  645  concurrent goal as the child’s primary permanency goal, document
  646  the efforts the department is taking to complete the concurrent
  647  goal, and identify any additional services needed to reach the
  648  permanency goal by a date certain. The court may allow the
  649  parties to continue to pursue a secondary goal if the court
  650  determines that is in the best interest of the child case plan
  651  must document the efforts the department is taking to complete
  652  the concurrent goal.
  653         6. The court may issue a protective order in assistance, or
  654  as a condition, of any other order made under this part. In
  655  addition to the requirements included in the case plan, the
  656  protective order may set forth requirements relating to
  657  reasonable conditions of behavior to be observed for a specified
  658  period of time by a person or agency who is before the court;
  659  and the order may require any person or agency to make periodic
  660  reports to the court containing such information as the court in
  661  its discretion may prescribe.
  662         Section 13. Paragraph (e) of subsection (1) of section
  663  39.806, Florida Statutes, is amended to read:
  664         39.806 Grounds for termination of parental rights.—
  665         (1) Grounds for the termination of parental rights may be
  666  established under any of the following circumstances:
  667         (e) When a child has been adjudicated dependent, a case
  668  plan has been filed with the court, and:
  669         1. The child continues to be abused, neglected, or
  670  abandoned by the parent or parents. The failure of the parent or
  671  parents to substantially comply with the case plan for a period
  672  of 12 months after an adjudication of the child as a dependent
  673  child or the child’s placement into shelter care, whichever
  674  occurs first, constitutes evidence of continuing abuse, neglect,
  675  or abandonment unless the failure to substantially comply with
  676  the case plan was due to the parent’s lack of financial
  677  resources or to the failure of the department to make reasonable
  678  efforts to reunify the parent and child. The 12-month period
  679  begins to run only after the child’s placement into shelter care
  680  or the entry of a disposition order placing the custody of the
  681  child with the department or a person other than the parent and
  682  the court’s approval of a case plan having the goal of
  683  reunification with the parent, whichever occurs first; or
  684         2. The parent or parents have materially breached the case
  685  plan by their action or inaction. Time is of the essence for
  686  permanency of children in the dependency system. In order to
  687  prove the parent or parents have materially breached the case
  688  plan, the court must find by clear and convincing evidence that
  689  the parent or parents are unlikely or unable to substantially
  690  comply with the case plan before time to comply with the case
  691  plan expires.
  692         3. The child has been in care for any 12 of the last 22
  693  months and the parents have not substantially complied with the
  694  case plan so as to permit reunification under s. 39.522(2)
  695  unless the failure to substantially comply with the case plan
  696  was due to the parent’s lack of financial resources or to the
  697  failure of the department to make reasonable efforts to reunify
  698  the parent and child.
  699         Section 14. Subsection (5) of section 39.811, Florida
  700  Statutes, is amended to read:
  701         39.811 Powers of disposition; order of disposition.—
  702         (5) If the court terminates parental rights, the court
  703  shall enter a written order of disposition within 30 days after
  704  conclusion of the hearing briefly stating the facts upon which
  705  its decision to terminate the parental rights is made. An order
  706  of termination of parental rights, whether based on parental
  707  consent or after notice served as prescribed in this part,
  708  permanently deprives the parents of any right to the child.
  709  Section 15. This act shall take effect July 1, 2018.
  710  
  711  ================= T I T L E  A M E N D M E N T ================
  712  And the title is amended as follows:
  713         Delete everything before the enacting clause
  714  and insert:
  715                        A bill to be entitled                      
  716         An act relating to child welfare; amending s. 39.001,
  717         F.S.; providing an additional purpose of ch. 39, F.S.;
  718         providing for the name of a child’s guardian ad litem
  719         or attorney ad litem to be entered on court orders in
  720         dependency proceedings; amending s. 39.0136, F.S.;
  721         requiring cooperation between certain parties and the
  722         court to achieve permanency for a child in a timely
  723         manner; requiring certain court orders to specify
  724         certain deadlines; amending s. 39.202, F.S.;
  725         prohibiting the Department of Children and Families
  726         from releasing the names of certain persons who have
  727         provided information during a protective investigation
  728         except under certain circumstances; amending s.
  729         39.402, F.S.; providing that time limitations
  730         governing placement of a child in a shelter do not
  731         include continuances requested by the court; providing
  732         limitations on continuances; providing requirements
  733         for parents to achieve reunification with the child;
  734         amending s. 39.507, F.S.; requiring the court to
  735         advise the parents during an adjudicatory hearing of
  736         certain actions that are required to achieve
  737         reunification; amending s. 39.521, F.S.; requiring the
  738         department to provide copies of the family functioning
  739         assessment to certain persons; amending s. 39.522,
  740         F.S.; providing conditions for the court to consider
  741         the continuity of the child’s placement in the same
  742         out-of-home residence before the permanency placement
  743         is approved in a postdisposition proceeding to modify
  744         custody; amending s. 39.6011, F.S.; requiring a case
  745         plan for a child receiving services from the
  746         department to include a protocol for parents to
  747         achieve reunification with the child; providing that
  748         certain action or inaction by a parent may result in
  749         termination of parental rights; requiring the
  750         department to provide certain information to a parent
  751         before signing a case plan; providing a timeframe for
  752         referral for services; amending s. 39.6012, F.S.;
  753         requiring a case plan to contain certain information;
  754         amending s. 39.6013, F.S.; conforming a cross
  755         reference; amending s. 39.621, F.S.; requiring the
  756         court to hold permanency hearings within specified
  757         timeframes until permanency is determined; amending s.
  758         39.701, F.S.; requiring the department to file a
  759         motion to amend a case plan when concurrent planning
  760         is used, under certain circumstances; amending s.
  761         39.806, F.S.; specifying that a parent or parents may
  762         materially breach a case plan by action or inaction;
  763         amending s. 39.811, F.S.; requiring the court to enter
  764         a written order of disposition of the child following
  765         termination of parental rights within a specified
  766         timeframe; providing an effective date.