Florida Senate - 2019 SB 1396
By Senator Albritton
26-01313A-19 20191396__
1 A bill to be entitled
2 An act relating to child welfare; amending s. 39.01,
3 F.S.; providing a definition; conforming cross
4 references; amending s. 39.6011, F.S.; requiring a
5 case plan to include conditions for return of a child
6 that has been sheltered; requiring that the case plan
7 describe the responsibility of certain persons to
8 communicate effectively; requiring the court to be
9 notified if ineffective communication takes place;
10 amending s. 39.621, F.S.; providing additional factors
11 for a court to consider when deciding certain motions;
12 amending s. 39.701, F.S.; requiring a foster parent or
13 legal custodian to disclose to the court any
14 communication not in compliance with the case plan;
15 requiring a court and citizen review panel to
16 determine whether communications between certain
17 parties are effective; providing an additional
18 requirement for when a court must return a child to
19 the custody of the child’s parents; amending ss.
20 39.302, 39.521, 39.6012, 322.09, 394.495, 627.746,
21 934.255, and 960.065, F.S.; conforming cross
22 references; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Present subsections (20) through (87) of section
27 39.01, Florida Statutes, are redesignated as subsections (21)
28 through (88) respectively, subsection (10) and present
29 subsection (37) are amended, and a new subsection (20) is added
30 to that section, to read:
31 39.01 Definitions.—When used in this chapter, unless the
32 context otherwise requires:
33 (10) “Caregiver” means the parent, legal custodian,
34 permanent guardian, adult household member, or other person
35 responsible for a child’s welfare as defined in this section
36 subsection (54).
37 (20) “Conditions for return” means the minimum conditions
38 that must exist with respect to a specific family’s
39 circumstances, including, but not limited to, the home
40 environment and a caregiver’s perception, behavior, protective
41 capacity, and safety resources, to allow for reunification to
42 occur with the use of an in-home safety plan.
43 (38)(37) “Institutional child abuse or neglect” means
44 situations of known or suspected child abuse or neglect in which
45 the person allegedly perpetrating the child abuse or neglect is
46 an employee of a private school, public or private day care
47 center, residential home, institution, facility, or agency or
48 any other person at such institution responsible for the child’s
49 care as defined in this section subsection (54).
50 Section 2. Present paragraphs (b) through (e) of subsection
51 (2) of section 39.6011, Florida Statutes, are redesignated as
52 paragraphs (c) through (f), respectively, present paragraphs (b)
53 through (d) of subsection (4) are redesignated as paragraphs (c)
54 through and (e), respectively, a new paragraph (b) is added to
55 subsection (2) of that section, and a new paragraph (b) is added
56 to subsection (4) of that section, to read:
57 39.6011 Case plan development.—
58 (2) The case plan must be written simply and clearly in
59 English and, if English is not the principal language of the
60 child’s parent, to the extent possible in the parent’s principal
61 language. Each case plan must contain:
62 (b) A description of the conditions for return if a child
63 has been sheltered.
64 (4) The case plan must describe:
65 (b) The responsibility of the parents, foster parents, or
66 legal custodians to communicate effectively, which includes, but
67 is not limited to, refraining from harassing or inappropriate
68 communication, to promote the safety, well-being, and physical,
69 mental, and emotional health of the child. A parent, foster
70 parent, or legal custodian shall notify the court if ineffective
71 communication takes place;
72 Section 3. Subsection (11) of section 39.621, Florida
73 Statutes, is amended to read:
74 39.621 Permanency determination by the court.—
75 (11) The court shall base its decision concerning any
76 motion by a parent for reunification or increased contact with a
77 child on the effect of the decision on the safety, well-being,
78 and physical, mental, and emotional health of the child. Factors
79 that must be considered and addressed in the findings of fact of
80 the order on the motion must include:
81 (a) The compliance or noncompliance of the parent with the
82 case plan and the likelihood that the parent will complete the
83 case plan in a reasonable amount of time;
84 (b) Whether a parent has met the conditions for return in
85 the case plan, including, but not limited to, demonstrating
86 necessary changes in protective capacity so that the child’s
87 safety, well-being, and physical, mental, and emotional health
88 are not endangered if reunification is ordered by the court;
89 (c) The circumstances which caused the child’s dependency
90 and whether those circumstances have been resolved;
91 (d)(c) The stability and longevity of the child’s
92 placement;
93 (e)(d) The preferences of the child, if the child is of
94 sufficient age and understanding to express a preference;
95 (f)(e) The recommendation of the current custodian; and
96 (g)(f) The recommendation of the guardian ad litem, if one
97 has been appointed.
98 Section 4. Paragraphs (a), (c), and (d) of subsection (2)
99 of section 39.701, Florida Statutes, are amended to read:
100 39.701 Judicial review.—
101 (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
102 AGE.—
103 (a) Social study report for judicial review.—Before every
104 judicial review hearing or citizen review panel hearing, the
105 social service agency shall make an investigation and social
106 study concerning all pertinent details relating to the child and
107 shall furnish to the court or citizen review panel a written
108 report that includes, but is not limited to:
109 1. A description of the type of placement the child is in
110 at the time of the hearing, including the safety of the child
111 and the continuing necessity for and appropriateness of the
112 placement.
113 2. Documentation of the diligent efforts made by all
114 parties to the case plan to comply with each applicable
115 provision of the plan.
116 3. The amount of fees assessed and collected during the
117 period of time being reported.
118 4. The services provided to the foster family or legal
119 custodian in an effort to address the needs of the child as
120 indicated in the case plan.
121 5. A statement that either:
122 a. The parent, though able to do so, did not comply
123 substantially with the case plan, and the agency
124 recommendations;
125 b. The parent did substantially comply with the case plan;
126 or
127 c. The parent has partially complied with the case plan,
128 with a summary of additional progress needed and the agency
129 recommendations.
130 6. A statement from the foster parent or legal custodian
131 providing any material evidence concerning the return of the
132 child to the parent or parents, including, but not limited to,
133 any communication that is not in compliance with the case plan.
134 7. A statement concerning the frequency, duration, and
135 results of the parent-child visitation, if any, and the agency
136 recommendations for an expansion or restriction of future
137 visitation.
138 8. The number of times a child has been removed from his or
139 her home and placed elsewhere, the number and types of
140 placements that have occurred, and the reason for the changes in
141 placement.
142 9. The number of times a child’s educational placement has
143 been changed, the number and types of educational placements
144 which have occurred, and the reason for any change in placement.
145 10. If the child has reached 13 years of age but is not yet
146 18 years of age, a statement from the caregiver on the progress
147 the child has made in acquiring independent living skills.
148 11. Copies of all medical, psychological, and educational
149 records that support the terms of the case plan and that have
150 been produced concerning the parents or any caregiver since the
151 last judicial review hearing.
152 12. Copies of the child’s current health, mental health,
153 and education records as identified in s. 39.6012.
154 (c) Review determinations.—The court and any citizen review
155 panel shall take into consideration the information contained in
156 the social services study and investigation and all medical,
157 psychological, and educational records that support the terms of
158 the case plan; testimony by the social services agency, the
159 parent, the foster parent or legal custodian, the guardian ad
160 litem or surrogate parent for educational decisionmaking if one
161 has been appointed for the child, and any other person deemed
162 appropriate; and any relevant and material evidence submitted to
163 the court, including written and oral reports to the extent of
164 their probative value. These reports and evidence may be
165 received by the court in its effort to determine the action to
166 be taken with regard to the child and may be relied upon to the
167 extent of their probative value, even though not competent in an
168 adjudicatory hearing. In its deliberations, the court and any
169 citizen review panel shall seek to determine:
170 1. If the parent was advised of the right to receive
171 assistance from any person or social service agency in the
172 preparation of the case plan.
173 2. If the parent has been advised of the right to have
174 counsel present at the judicial review or citizen review
175 hearings. If not so advised, the court or citizen review panel
176 shall advise the parent of such right.
177 3. If a guardian ad litem needs to be appointed for the
178 child in a case in which a guardian ad litem has not previously
179 been appointed or if there is a need to continue a guardian ad
180 litem in a case in which a guardian ad litem has been appointed.
181 4. Who holds the rights to make educational decisions for
182 the child. If appropriate, the court may refer the child to the
183 district school superintendent for appointment of a surrogate
184 parent or may itself appoint a surrogate parent under the
185 Individuals with Disabilities Education Act and s. 39.0016.
186 5. The compliance or lack of compliance of all parties with
187 applicable items of the case plan, including the parents’
188 compliance with child support orders.
189 6. The compliance or lack of compliance with a visitation
190 contract between the parent and the social service agency for
191 contact with the child, including the frequency, duration, and
192 results of the parent-child visitation and the reason for any
193 noncompliance.
194 7. The frequency, kind, and duration of contacts among
195 siblings who have been separated during placement, as well as
196 any efforts undertaken to reunite separated siblings if doing so
197 is in the best interest of the child.
198 8. The compliance or lack of compliance of the parent in
199 meeting specified financial obligations pertaining to the care
200 of the child, including the reason for failure to comply, if
201 applicable.
202 9. Whether the child is receiving safe and proper care
203 according to s. 39.6012, including, but not limited to, the
204 appropriateness of the child’s current placement, including
205 whether the child is in a setting that is as family-like and as
206 close to the parent’s home as possible, consistent with the
207 child’s best interests and special needs, and including
208 maintaining stability in the child’s educational placement, as
209 documented by assurances from the community-based care provider
210 that:
211 a. The placement of the child takes into account the
212 appropriateness of the current educational setting and the
213 proximity to the school in which the child is enrolled at the
214 time of placement.
215 b. The community-based care agency has coordinated with
216 appropriate local educational agencies to ensure that the child
217 remains in the school in which the child is enrolled at the time
218 of placement.
219 10. A projected date likely for the child’s return home or
220 other permanent placement.
221 11. When appropriate, the basis for the unwillingness or
222 inability of the parent to become a party to a case plan. The
223 court and the citizen review panel shall determine if the
224 efforts of the social service agency to secure party
225 participation in a case plan were sufficient.
226 12. For a child who has reached 13 years of age but is not
227 yet 18 years of age, the adequacy of the child’s preparation for
228 adulthood and independent living. For a child who is 15 years of
229 age or older, the court shall determine if appropriate steps are
230 being taken for the child to obtain a driver license or
231 learner’s driver license.
232 13. If amendments to the case plan are required. Amendments
233 to the case plan must be made under s. 39.6013.
234 14. Whether the parent and foster parent or legal custodian
235 communicate effectively to promote the safety, well-being, and
236 physical, mental, and emotional health of the child, which
237 includes, but is not limited to, refraining from harassing or
238 inappropriate communication.
239 (d) Orders.—
240 1. Based upon the criteria set forth in paragraph (c) and
241 the recommended order of the citizen review panel, if any, the
242 court shall determine whether or not the social service agency
243 shall initiate proceedings to have a child declared a dependent
244 child, return the child to the parent, continue the child in
245 out-of-home care for a specified period of time, or initiate
246 termination of parental rights proceedings for subsequent
247 placement in an adoptive home. Amendments to the case plan must
248 be prepared as prescribed in s. 39.6013. If the court finds that
249 the prevention or reunification efforts of the department will
250 allow the child to remain safely at home or be safely returned
251 to the home, the court shall allow the child to remain in or
252 return to the home after making a specific finding of fact that
253 the reasons for the creation of the case plan have been remedied
254 to the extent that the child’s safety, well-being, and physical,
255 mental, and emotional health will not be endangered.
256 2. The court shall return the child to the custody of the
257 parents at any time it determines that:
258 a. The parents have provided evidence that conditions for
259 return have been met, including, but not limited to, a
260 demonstrated change in their protective capacity;
261 b. The parents they have substantially complied with the
262 case plan and are likely to complete it in a reasonable amount
263 of time; and
264 c. , if The court is satisfied that reunification will not
265 be detrimental to the child’s safety, well-being, and physical,
266 mental, and emotional health.
267 3. If, in the opinion of the court, the social service
268 agency has not complied with its obligations as specified in the
269 written case plan, the court may find the social service agency
270 in contempt, shall order the social service agency to submit its
271 plans for compliance with the agreement, and shall require the
272 social service agency to show why the child could not safely be
273 returned to the home of the parents.
274 4. If, at any judicial review, the court finds that the
275 parents have failed to substantially comply with the case plan
276 to the degree that further reunification efforts are without
277 merit and not in the best interest of the child, on its own
278 motion, the court may order the filing of a petition for
279 termination of parental rights, whether or not the time period
280 as contained in the case plan for substantial compliance has
281 expired.
282 5. Within 6 months after the date that the child was placed
283 in shelter care, the court shall conduct a judicial review
284 hearing to review the child’s permanency goal as identified in
285 the case plan. At the hearing the court shall make findings
286 regarding the likelihood of the child’s reunification with the
287 parent or legal custodian. In making such findings, the court
288 shall consider the level of the parent or legal custodian’s
289 compliance with the case plan and demonstrated change in
290 protective capacities compared to that necessary to achieve
291 timely reunification within 12 months after the removal of the
292 child from the home. The court shall also consider the
293 frequency, duration, manner, and level of engagement of the
294 parent or legal custodian’s visitation with the child in
295 compliance with the case plan. If the court makes a written
296 finding that it is not likely that the child will be reunified
297 with the parent or legal custodian within 12 months after the
298 child was removed from the home, the department must file with
299 the court, and serve on all parties, a motion to amend the case
300 plan under s. 39.6013 and declare that it will use concurrent
301 planning for the case plan. The department must file the motion
302 within 10 business days after receiving the written finding of
303 the court. The department must attach the proposed amended case
304 plan to the motion. If concurrent planning is already being
305 used, the case plan must document the efforts the department is
306 taking to complete the concurrent goal.
307 6. The court may issue a protective order in assistance, or
308 as a condition, of any other order made under this part. In
309 addition to the requirements included in the case plan, the
310 protective order may set forth requirements relating to
311 reasonable conditions of behavior to be observed for a specified
312 period of time by a person or agency who is before the court;
313 and the order may require any person or agency to make periodic
314 reports to the court containing such information as the court in
315 its discretion may prescribe.
316 Section 5. Subsection (1) of section 39.302, Florida
317 Statutes, is amended to read:
318 39.302 Protective investigations of institutional child
319 abuse, abandonment, or neglect.—
320 (1) The department shall conduct a child protective
321 investigation of each report of institutional child abuse,
322 abandonment, or neglect. Upon receipt of a report that alleges
323 that an employee or agent of the department, or any other entity
324 or person covered by s. 39.01 s. 39.01(37) or (54), acting in an
325 official capacity, has committed an act of child abuse,
326 abandonment, or neglect, the department shall initiate a child
327 protective investigation within the timeframe established under
328 s. 39.201(5) and notify the appropriate state attorney, law
329 enforcement agency, and licensing agency, which shall
330 immediately conduct a joint investigation, unless independent
331 investigations are more feasible. When conducting investigations
332 or having face-to-face interviews with the child, investigation
333 visits shall be unannounced unless it is determined by the
334 department or its agent that unannounced visits threaten the
335 safety of the child. If a facility is exempt from licensing, the
336 department shall inform the owner or operator of the facility of
337 the report. Each agency conducting a joint investigation is
338 entitled to full access to the information gathered by the
339 department in the course of the investigation. A protective
340 investigation must include an interview with the child’s parent
341 or legal guardian. The department shall make a full written
342 report to the state attorney within 3 working days after making
343 the oral report. A criminal investigation shall be coordinated,
344 whenever possible, with the child protective investigation of
345 the department. Any interested person who has information
346 regarding the offenses described in this subsection may forward
347 a statement to the state attorney as to whether prosecution is
348 warranted and appropriate. Within 15 days after the completion
349 of the investigation, the state attorney shall report the
350 findings to the department and shall include in the report a
351 determination of whether or not prosecution is justified and
352 appropriate in view of the circumstances of the specific case.
353 Section 6. Paragraph (c) of subsection (1) of section
354 39.521, Florida Statutes, is amended to read:
355 39.521 Disposition hearings; powers of disposition.—
356 (1) A disposition hearing shall be conducted by the court,
357 if the court finds that the facts alleged in the petition for
358 dependency were proven in the adjudicatory hearing, or if the
359 parents or legal custodians have consented to the finding of
360 dependency or admitted the allegations in the petition, have
361 failed to appear for the arraignment hearing after proper
362 notice, or have not been located despite a diligent search
363 having been conducted.
364 (c) When any child is adjudicated by a court to be
365 dependent, the court having jurisdiction of the child has the
366 power by order to:
367 1. Require the parent and, when appropriate, the legal
368 guardian or the child to participate in treatment and services
369 identified as necessary. The court may require the person who
370 has custody or who is requesting custody of the child to submit
371 to a mental health or substance abuse disorder assessment or
372 evaluation. The order may be made only upon good cause shown and
373 pursuant to notice and procedural requirements provided under
374 the Florida Rules of Juvenile Procedure. The mental health
375 assessment or evaluation must be administered by a qualified
376 professional as defined in s. 39.01, and the substance abuse
377 assessment or evaluation must be administered by a qualified
378 professional as defined in s. 397.311. The court may also
379 require such person to participate in and comply with treatment
380 and services identified as necessary, including, when
381 appropriate and available, participation in and compliance with
382 a mental health court program established under chapter 394 or a
383 treatment-based drug court program established under s. 397.334.
384 Adjudication of a child as dependent based upon evidence of harm
385 as defined in s. 39.01 s. 39.01(35)(g) demonstrates good cause,
386 and the court shall require the parent whose actions caused the
387 harm to submit to a substance abuse disorder assessment or
388 evaluation and to participate and comply with treatment and
389 services identified in the assessment or evaluation as being
390 necessary. In addition to supervision by the department, the
391 court, including the mental health court program or the
392 treatment-based drug court program, may oversee the progress and
393 compliance with treatment by a person who has custody or is
394 requesting custody of the child. The court may impose
395 appropriate available sanctions for noncompliance upon a person
396 who has custody or is requesting custody of the child or make a
397 finding of noncompliance for consideration in determining
398 whether an alternative placement of the child is in the child’s
399 best interests. Any order entered under this subparagraph may be
400 made only upon good cause shown. This subparagraph does not
401 authorize placement of a child with a person seeking custody of
402 the child, other than the child’s parent or legal custodian, who
403 requires mental health or substance abuse disorder treatment.
404 2. Require, if the court deems necessary, the parties to
405 participate in dependency mediation.
406 3. Require placement of the child either under the
407 protective supervision of an authorized agent of the department
408 in the home of one or both of the child’s parents or in the home
409 of a relative of the child or another adult approved by the
410 court, or in the custody of the department. Protective
411 supervision continues until the court terminates it or until the
412 child reaches the age of 18, whichever date is first. Protective
413 supervision shall be terminated by the court whenever the court
414 determines that permanency has been achieved for the child,
415 whether with a parent, another relative, or a legal custodian,
416 and that protective supervision is no longer needed. The
417 termination of supervision may be with or without retaining
418 jurisdiction, at the court’s discretion, and shall in either
419 case be considered a permanency option for the child. The order
420 terminating supervision by the department must set forth the
421 powers of the custodian of the child and include the powers
422 ordinarily granted to a guardian of the person of a minor unless
423 otherwise specified. Upon the court’s termination of supervision
424 by the department, further judicial reviews are not required if
425 permanency has been established for the child.
426 4. Determine whether the child has a strong attachment to
427 the prospective permanent guardian and whether such guardian has
428 a strong commitment to permanently caring for the child.
429 Section 7. Paragraph (c) of subsection (1) of section
430 39.6012, Florida Statutes, is amended to read:
431 39.6012 Case plan tasks; services.—
432 (1) The services to be provided to the parent and the tasks
433 that must be completed are subject to the following:
434 (c) If there is evidence of harm as defined in s. 39.01 s.
435 39.01(35)(g), the case plan must include as a required task for
436 the parent whose actions caused the harm that the parent submit
437 to a substance abuse disorder assessment or evaluation and
438 participate and comply with treatment and services identified in
439 the assessment or evaluation as being necessary.
440 Section 8. Subsection (4) of section 322.09, Florida
441 Statutes, is amended to read:
442 322.09 Application of minors; responsibility for negligence
443 or misconduct of minor.—
444 (4) Notwithstanding subsections (1) and (2), if a caregiver
445 of a minor who is under the age of 18 years and is in out-of
446 home care as defined in s. 39.01 s. 39.01(49), an authorized
447 representative of a residential group home at which such a minor
448 resides, the caseworker at the agency at which the state has
449 placed the minor, or a guardian ad litem specifically authorized
450 by the minor’s caregiver to sign for a learner’s driver license
451 signs the minor’s application for a learner’s driver license,
452 that caregiver, group home representative, caseworker, or
453 guardian ad litem does not assume any obligation or become
454 liable for any damages caused by the negligence or willful
455 misconduct of the minor by reason of having signed the
456 application. Before signing the application, the caseworker,
457 authorized group home representative, or guardian ad litem shall
458 notify the caregiver or other responsible party of his or her
459 intent to sign and verify the application.
460 Section 9. Paragraph (p) of subsection (4) of section
461 394.495, Florida Statutes, is amended to read:
462 394.495 Child and adolescent mental health system of care;
463 programs and services.—
464 (4) The array of services may include, but is not limited
465 to:
466 (p) Trauma-informed services for children who have suffered
467 sexual exploitation as defined in s. 39.01 s. 39.01(77)(g).
468 Section 10. Section 627.746, Florida Statutes, is amended
469 to read:
470 627.746 Coverage for minors who have a learner’s driver
471 license; additional premium prohibited.—An insurer that issues
472 an insurance policy on a private passenger motor vehicle to a
473 named insured who is a caregiver of a minor who is under the age
474 of 18 years and is in out-of-home care as defined in s. 39.01 s.
475 39.01(49) may not charge an additional premium for coverage of
476 the minor while the minor is operating the insured vehicle, for
477 the period of time that the minor has a learner’s driver
478 license, until such time as the minor obtains a driver license.
479 Section 11. Paragraph (c) of subsection (1) of section
480 934.255, Florida Statutes, is amended to read:
481 934.255 Subpoenas in investigations of sexual offenses.—
482 (1) As used in this section, the term:
483 (c) “Sexual abuse of a child” means a criminal offense
484 based on any conduct described in s. 39.01 s. 39.01(71).
485 Section 12. Subsection (5) of section 960.065, Florida
486 Statutes, is amended to read:
487 960.065 Eligibility for awards.—
488 (5) A person is not ineligible for an award pursuant to
489 paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
490 person is a victim of sexual exploitation of a child as defined
491 in s. 39.01 s. 39.01(77)(g).
492 Section 13. This act shall take effect October 1, 2019.