Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1548
Ì229818KÎ229818
LEGISLATIVE ACTION
Senate . House
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The Committee on Children, Families, and Elder Affairs (Perry)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 25.385, Florida Statutes, is amended to
6 read:
7 25.385 Standards for instruction of circuit and county
8 court judges in handling domestic violence cases.—
9 (1) The Florida Court Educational Council shall establish
10 standards for instruction of circuit and county court judges who
11 have responsibility for domestic violence cases, and the council
12 shall provide such instruction on a periodic and timely basis.
13 (2) As used in this section:
14 (a) The term “domestic violence” has the meaning set forth
15 in s. 741.28.
16 (b) “Family or household member” has the meaning set forth
17 in s. 741.28.
18 (2) The Florida Court Educational Council shall establish
19 standards for instruction of circuit court judges who have
20 responsibility for dependency cases. The standards for
21 instruction must be consistent with and reinforce the purposes
22 of chapter 39, with emphasis on ensuring that a permanent
23 placement is achieved as soon as possible and that a child
24 should not remain in foster care for longer than 1 year. This
25 instruction must be provided on a periodic and timely basis and
26 may be provided by or in consultation with current or retired
27 judges, the Department of Children and Families, or the
28 Statewide Guardian Ad Litem Office established in s. 39.8296.
29 Section 2. Subsection (7) of section 39.205, Florida
30 Statutes, is amended to read:
31 39.205 Penalties relating to reporting of child abuse,
32 abandonment, or neglect.—
33 (7) The department shall establish procedures for
34 determining whether a false report of child abuse, abandonment,
35 or neglect has been made and for submitting all identifying
36 information relating to such a report to the appropriate law
37 enforcement agency and shall report annually to the Legislature
38 the number of reports referred.
39 Section 3. Subsection (7) of section 39.302, Florida
40 Statutes, is amended to read:
41 39.302 Protective investigations of institutional child
42 abuse, abandonment, or neglect.—
43 (7) When an investigation of institutional abuse, neglect,
44 or abandonment is closed and a person is not identified as a
45 caregiver responsible for the abuse, neglect, or abandonment
46 alleged in the report, the fact that the person is named in some
47 capacity in the report may not be used in any way to adversely
48 affect the interests of that person. This prohibition applies to
49 any use of the information in employment screening, licensing,
50 child placement, adoption, or any other decisions by a private
51 adoption agency or a state agency or its contracted providers.
52 (a) However, if such a person is a licensee of the
53 department and is named in any capacity in a report three or
54 more reports within a 5-year period, the department must may
55 review the report those reports and determine whether the
56 information contained in the report reports is relevant for
57 purposes of determining whether the person’s license should be
58 renewed or revoked. If the information is relevant to the
59 decision to renew or revoke the license, the department may rely
60 on the information contained in the report in making that
61 decision.
62 (b) Likewise, if a person is employed as a caregiver in a
63 residential group home licensed pursuant to s. 409.175 and is
64 named in any capacity in a report three or more reports within a
65 5-year period, the department must may review the report all
66 reports for the purposes of the employment screening as defined
67 in s. 409.175(2)(m) required pursuant to s. 409.145(2)(e).
68 Section 4. Subsection (6) of section 39.407, Florida
69 Statutes, is amended to read:
70 39.407 Medical, psychiatric, and psychological examination
71 and treatment of child; physical, mental, or substance abuse
72 examination of person with or requesting child custody.—
73 (6) Children who are in the legal custody of the department
74 may be placed by the department, without prior approval of the
75 court, in a residential treatment center licensed under s.
76 394.875 or a hospital licensed under chapter 395 for residential
77 mental health treatment only as provided in pursuant to this
78 section or may be placed by the court in accordance with an
79 order of involuntary examination or involuntary placement
80 entered under pursuant to s. 394.463 or s. 394.467. All children
81 placed in a residential treatment program under this subsection
82 must have a guardian ad litem appointed.
83 (a) As used in this subsection, the term:
84 1. “Residential treatment” means placement for observation,
85 diagnosis, or treatment of an emotional disturbance in a
86 residential treatment center licensed under s. 394.875 or a
87 hospital licensed under chapter 395.
88 2. “Least restrictive alternative” means the treatment and
89 conditions of treatment that, separately and in combination, are
90 no more intrusive or restrictive of freedom than reasonably
91 necessary to achieve a substantial therapeutic benefit or to
92 protect the child or adolescent or others from physical injury.
93 3. “Suitable for residential treatment” or “suitability”
94 means a determination concerning a child or adolescent with an
95 emotional disturbance as defined in s. 394.492(5) or a serious
96 emotional disturbance as defined in s. 394.492(6) that each of
97 the following criteria is met:
98 a. The child requires residential treatment.
99 b. The child is in need of a residential treatment program
100 and is expected to benefit from mental health treatment.
101 c. An appropriate, less restrictive alternative to
102 residential treatment is unavailable.
103 (b) Whenever the department believes that a child in its
104 legal custody is emotionally disturbed and may need residential
105 treatment, an examination and suitability assessment must be
106 conducted by a qualified evaluator who is appointed by the
107 department Agency for Health Care Administration. This
108 suitability assessment must be completed before the placement of
109 the child in a residential treatment center for emotionally
110 disturbed children and adolescents or a hospital. The qualified
111 evaluator must be a psychiatrist or a psychologist licensed in
112 Florida who has at least 3 years of experience in the diagnosis
113 and treatment of serious emotional disturbances in children and
114 adolescents and who has no actual or perceived conflict of
115 interest with any inpatient facility or residential treatment
116 center or program.
117 (c) Before a child is admitted under this subsection, the
118 child shall be assessed for suitability for residential
119 treatment by a qualified evaluator who has conducted a personal
120 examination and assessment of the child and has made written
121 findings that:
122 1. The child appears to have an emotional disturbance
123 serious enough to require residential treatment and is
124 reasonably likely to benefit from the treatment.
125 2. The child has been provided with a clinically
126 appropriate explanation of the nature and purpose of the
127 treatment.
128 3. All available modalities of treatment less restrictive
129 than residential treatment have been considered, and a less
130 restrictive alternative that would offer comparable benefits to
131 the child is unavailable.
132
133 A copy of the written findings of the evaluation and suitability
134 assessment must be provided to the department, to the guardian
135 ad litem, and, if the child is a member of a Medicaid managed
136 care plan, to the plan that is financially responsible for the
137 child’s care in residential treatment, all of whom must be
138 provided with the opportunity to discuss the findings with the
139 evaluator.
140 (d) Immediately upon placing a child in a residential
141 treatment program under this section, the department must notify
142 the guardian ad litem and the court having jurisdiction over the
143 child and must provide the guardian ad litem and the court with
144 a copy of the assessment by the qualified evaluator.
145 (e) Within 10 days after the admission of a child to a
146 residential treatment program, the director of the residential
147 treatment program or the director’s designee must ensure that an
148 individualized plan of treatment has been prepared by the
149 program and has been explained to the child, to the department,
150 and to the guardian ad litem, and submitted to the department.
151 The child must be involved in the preparation of the plan to the
152 maximum feasible extent consistent with his or her ability to
153 understand and participate, and the guardian ad litem and the
154 child’s foster parents must be involved to the maximum extent
155 consistent with the child’s treatment needs. The plan must
156 include a preliminary plan for residential treatment and
157 aftercare upon completion of residential treatment. The plan
158 must include specific behavioral and emotional goals against
159 which the success of the residential treatment may be measured.
160 A copy of the plan must be provided to the child, to the
161 guardian ad litem, and to the department.
162 (f) Within 30 days after admission, the residential
163 treatment program must review the appropriateness and
164 suitability of the child’s placement in the program. The
165 residential treatment program must determine whether the child
166 is receiving benefit toward the treatment goals and whether the
167 child could be treated in a less restrictive treatment program.
168 The residential treatment program shall prepare a written report
169 of its findings and submit the report to the guardian ad litem
170 and to the department. The department must submit the report to
171 the court. The report must include a discharge plan for the
172 child. The residential treatment program must continue to
173 evaluate the child’s treatment progress every 30 days thereafter
174 and must include its findings in a written report submitted to
175 the department. The department may not reimburse a facility
176 until the facility has submitted every written report that is
177 due.
178 (g)1. The department must submit, at the beginning of each
179 month, to the court having jurisdiction over the child, a
180 written report regarding the child’s progress toward achieving
181 the goals specified in the individualized plan of treatment.
182 2. The court must conduct a hearing to review the status of
183 the child’s residential treatment plan no later than 60 days
184 after the child’s admission to the residential treatment
185 program. An independent review of the child’s progress toward
186 achieving the goals and objectives of the treatment plan must be
187 completed by a qualified evaluator and submitted to the court
188 before its 60-day review.
189 3. For any child in residential treatment at the time a
190 judicial review is held pursuant to s. 39.701, the child’s
191 continued placement in residential treatment must be a subject
192 of the judicial review.
193 4. If at any time the court determines that the child is
194 not suitable for continued residential treatment, the court
195 shall order the department to place the child in the least
196 restrictive setting that is best suited to meet his or her
197 needs.
198 (h) After the initial 60-day review, the court must conduct
199 a review of the child’s residential treatment plan every 90
200 days.
201 (i) The department must adopt rules for implementing
202 timeframes for the completion of suitability assessments by
203 qualified evaluators and a procedure that includes timeframes
204 for completing the 60-day independent review by the qualified
205 evaluators of the child’s progress toward achieving the goals
206 and objectives of the treatment plan which review must be
207 submitted to the court. The Agency for Health Care
208 Administration must adopt rules for the registration of
209 qualified evaluators, the procedure for selecting the evaluators
210 to conduct the reviews required under this section, and a
211 reasonable, cost-efficient fee schedule for qualified
212 evaluators.
213 Section 5. Section 39.5035, Florida Statutes, is created to
214 read:
215 39.5035 Deceased parents; special procedures.—
216 (1)(a)1. If both parents of a child are deceased and a
217 legal custodian has not been appointed for the child through a
218 probate or guardianship proceeding, then an attorney for the
219 department or any other person, who has knowledge of the facts
220 whether alleged or is informed of the alleged facts and believes
221 them to be true, may initiate a proceeding by filing a petition
222 for adjudication and permanent commitment.
223 2. If a child has been placed in shelter status by order of
224 the court but has not yet been adjudicated, a petition for
225 adjudication and permanent commitment must be filed within 21
226 days after the shelter hearing. In all other cases, the petition
227 must be filed within a reasonable time after the date the child
228 was referred to protective investigation or after the petitioner
229 first becomes aware of the facts that support the petition for
230 adjudication and permanent commitment.
231 (b) If both parents or the last living parent dies after a
232 child has already been adjudicated dependent, an attorney for
233 the department or any other person who has knowledge of the
234 facts alleged or is informed of the alleged facts and believes
235 them to be true may file a petition for permanent commitment.
236 (2) The petition:
237 (a) Must be in writing, identify the alleged deceased
238 parents, and provide facts that establish that both parents of
239 the child are deceased and that a legal custodian has not been
240 appointed for the child through a probate or guardianship
241 proceeding.
242 (b) Must be signed by the petitioner under oath stating the
243 petitioner’s good faith in filing the petition.
244 (3) When a petition for adjudication and permanent
245 commitment or a petition for permanent commitment has been
246 filed, the clerk of court shall set the case before the court
247 for an adjudicatory hearing. The adjudicatory hearing must be
248 held as soon as practicable after the petition is filed, but no
249 later than 30 days after the filing date.
250 (4) Notice of the date, time, and place of the adjudicatory
251 hearing and a copy of the petition must be served on the
252 following persons:
253 (a) Any person who has physical custody of the child.
254 (b) A living relative of each parent of the child, unless a
255 living relative cannot be found after a diligent search and
256 inquiry.
257 (c) The guardian ad litem for the child or the
258 representative of the guardian ad litem program, if the program
259 has been appointed.
260 (5) Adjudicatory hearings shall be conducted by the judge
261 without a jury, applying the rules of evidence in use in civil
262 cases and adjourning the hearings from time to time as
263 necessary. At the hearing, the judge must determine whether the
264 petitioner has established by clear and convincing evidence that
265 both parents of the child are deceased and that a legal
266 custodian has not been appointed for the child through a probate
267 or guardianship proceeding. A certified copy of the death
268 certificate for each parent is sufficient evidence of proof of
269 the parents’ deaths.
270 (6) Within 30 days after an adjudicatory hearing on a
271 petition for adjudication and permanent commitment:
272 (a) If the court finds that the petitioner has met the
273 clear and convincing standard, the court shall enter a written
274 order adjudicating the child dependent and permanently
275 committing the child to the custody of the department for the
276 purpose of adoption. A disposition hearing shall be scheduled no
277 later than 30 days after the entry of the order, in which the
278 department shall provide a case plan that identifies the
279 permanency goal for the child to the court. Reasonable efforts
280 must be made to place the child in a timely manner in accordance
281 with the permanency plan and to complete all steps necessary to
282 finalize the permanent placement of the child. Thereafter, until
283 the adoption of the child is finalized or the child reaches the
284 age of 18 years, whichever occurs first, the court shall hold
285 hearings every 6 months to review the progress being made toward
286 permanency for the child.
287 (b) If the court finds that clear and convincing evidence
288 does not establish that both parents of a child are deceased and
289 that a legal custodian has not been appointed for the child
290 through a probate or guardianship proceeding, but that a
291 preponderance of the evidence establishes that the child does
292 not have a parent or legal custodian capable of providing
293 supervision or care, the court shall enter a written order
294 adjudicating the child dependent. A disposition hearing shall be
295 scheduled no later than 30 days after the entry of the order as
296 provided in s. 39.521.
297 (c) If the court finds that clear and convincing evidence
298 does not establish that both parents of a child are deceased and
299 that a legal custodian has not been appointed for the child
300 through a probate or guardianship proceeding and that a
301 preponderance of the evidence does not establish that the child
302 does not have a parent or legal custodian capable of providing
303 supervision or care, the court shall enter a written order so
304 finding and dismissing the petition.
305 (7) Within 30 days after an adjudicatory hearing on a
306 petition for permanent commitment:
307 (a) If the court finds that the petitioner has met the
308 clear and convincing standard, the court shall enter a written
309 order permanently committing the child to the custody of the
310 department for purposes of adoption. A disposition hearing shall
311 be scheduled no later than 30 days after the entry of the order,
312 in which the department shall provide an amended case plan that
313 identifies the permanency goal for the child to the court.
314 Reasonable efforts must be made to place the child in a timely
315 manner in accordance with the permanency plan and to complete
316 all steps necessary to finalize the permanent placement of the
317 child. Thereafter, until the adoption of the child is finalized
318 or the child reaches the age of 18 years, whichever occurs
319 first, the court shall hold hearings every 6 months to review
320 the progress being made toward permanency for the child.
321 (b) If the court finds that clear and convincing evidence
322 does not establish that both parents of a child are deceased and
323 that a legal custodian has not been appointed for the child
324 through a probate or guardianship proceeding, the court shall
325 enter a written order denying the petition. The order has no
326 effect on the child’s prior adjudication. The order does not bar
327 the petitioner from filing a subsequent petition for permanent
328 commitment based on newly discovered evidence that establishes
329 that both parents of a child are deceased and that a legal
330 custodian has not been appointed for the child through a probate
331 or guardianship proceeding.
332 Section 6. Paragraph (c) of subsection (1) and subsections
333 (3) and (7) of section 39.521, Florida Statutes, are amended to
334 read:
335 39.521 Disposition hearings; powers of disposition.—
336 (1) A disposition hearing shall be conducted by the court,
337 if the court finds that the facts alleged in the petition for
338 dependency were proven in the adjudicatory hearing, or if the
339 parents or legal custodians have consented to the finding of
340 dependency or admitted the allegations in the petition, have
341 failed to appear for the arraignment hearing after proper
342 notice, or have not been located despite a diligent search
343 having been conducted.
344 (c) When any child is adjudicated by a court to be
345 dependent, the court having jurisdiction of the child has the
346 power by order to:
347 1. Require the parent and, when appropriate, the legal
348 guardian or the child to participate in treatment and services
349 identified as necessary. The court may require the person who
350 has custody or who is requesting custody of the child to submit
351 to a mental health or substance abuse disorder assessment or
352 evaluation. The order may be made only upon good cause shown and
353 pursuant to notice and procedural requirements provided under
354 the Florida Rules of Juvenile Procedure. The mental health
355 assessment or evaluation must be administered by a qualified
356 professional as defined in s. 39.01, and the substance abuse
357 assessment or evaluation must be administered by a qualified
358 professional as defined in s. 397.311. The court may also
359 require such person to participate in and comply with treatment
360 and services identified as necessary, including, when
361 appropriate and available, participation in and compliance with
362 a mental health court program established under chapter 394 or a
363 treatment-based drug court program established under s. 397.334.
364 Adjudication of a child as dependent based upon evidence of harm
365 as defined in s. 39.01(35)(g) demonstrates good cause, and the
366 court shall require the parent whose actions caused the harm to
367 submit to a substance abuse disorder assessment or evaluation
368 and to participate and comply with treatment and services
369 identified in the assessment or evaluation as being necessary.
370 In addition to supervision by the department, the court,
371 including the mental health court program or the treatment-based
372 drug court program, may oversee the progress and compliance with
373 treatment by a person who has custody or is requesting custody
374 of the child. The court may impose appropriate available
375 sanctions for noncompliance upon a person who has custody or is
376 requesting custody of the child or make a finding of
377 noncompliance for consideration in determining whether an
378 alternative placement of the child is in the child’s best
379 interests. Any order entered under this subparagraph may be made
380 only upon good cause shown. This subparagraph does not authorize
381 placement of a child with a person seeking custody of the child,
382 other than the child’s parent or legal custodian, who requires
383 mental health or substance abuse disorder treatment.
384 2. Require, if the court deems necessary, the parties to
385 participate in dependency mediation.
386 3. Require placement of the child either under the
387 protective supervision of an authorized agent of the department
388 in the home of one or both of the child’s parents or in the home
389 of a relative of the child or another adult approved by the
390 court, or in the custody of the department. Protective
391 supervision continues until the court terminates it or until the
392 child reaches the age of 18, whichever date is first. Protective
393 supervision shall be terminated by the court whenever the court
394 determines that permanency has been achieved for the child,
395 whether with a parent, another relative, or a legal custodian,
396 and that protective supervision is no longer needed. The
397 termination of supervision may be with or without retaining
398 jurisdiction, at the court’s discretion, and shall in either
399 case be considered a permanency option for the child. The order
400 terminating supervision by the department must set forth the
401 powers of the custodian of the child and include the powers
402 ordinarily granted to a guardian of the person of a minor unless
403 otherwise specified. Upon the court’s termination of supervision
404 by the department, further judicial reviews are not required if
405 permanency has been established for the child.
406 4. Determine whether the child has a strong attachment to
407 the prospective permanent guardian and whether such guardian has
408 a strong commitment to permanently caring for the child.
409 (3) When any child is adjudicated by a court to be
410 dependent, the court shall determine the appropriate placement
411 for the child as follows:
412 (a) If the court determines that the child can safely
413 remain in the home with the parent with whom the child was
414 residing at the time the events or conditions arose that brought
415 the child within the jurisdiction of the court and that
416 remaining in this home is in the best interest of the child,
417 then the court shall order conditions under which the child may
418 remain or return to the home and that this placement be under
419 the protective supervision of the department for not less than 6
420 months.
421 (b) If there is a parent with whom the child was not
422 residing at the time the events or conditions arose that brought
423 the child within the jurisdiction of the court who desires to
424 assume custody of the child, the court shall place the child
425 with that parent upon completion of a home study, unless the
426 court finds that such placement would endanger the safety, well
427 being, or physical, mental, or emotional health of the child.
428 Any party with knowledge of the facts may present to the court
429 evidence regarding whether the placement will endanger the
430 safety, well-being, or physical, mental, or emotional health of
431 the child. If the court places the child with such parent, it
432 may do either of the following:
433 1. Order that the parent assume sole custodial
434 responsibilities for the child. The court may also provide for
435 reasonable visitation by the noncustodial parent. The court may
436 then terminate its jurisdiction over the child.
437 2. Order that the parent assume custody subject to the
438 jurisdiction of the circuit court hearing dependency matters.
439 The court may order that reunification services be provided to
440 the parent from whom the child has been removed, that services
441 be provided solely to the parent who is assuming physical
442 custody in order to allow that parent to retain later custody
443 without court jurisdiction, or that services be provided to both
444 parents, in which case the court shall determine at every review
445 hearing which parent, if either, shall have custody of the
446 child. The standard for changing custody of the child from one
447 parent to another or to a relative or another adult approved by
448 the court shall be the best interest of the child.
449 (c) If no fit parent is willing or available to assume care
450 and custody of the child, place the child in the temporary legal
451 custody of an adult relative, the adoptive parent of the child’s
452 sibling, or another adult approved by the court who is willing
453 to care for the child, under the protective supervision of the
454 department. The department must supervise this placement until
455 the child reaches permanency status in this home, and in no case
456 for a period of less than 6 months. Permanency in a relative
457 placement shall be by adoption, long-term custody, or
458 guardianship.
459 (d) If the child cannot be safely placed in a nonlicensed
460 placement, the court shall commit the child to the temporary
461 legal custody of the department. Such commitment invests in the
462 department all rights and responsibilities of a legal custodian.
463 The department may shall not return any child to the physical
464 care and custody of the person from whom the child was removed,
465 except for court-approved visitation periods, without the
466 approval of the court. Any order for visitation or other contact
467 must conform to the provisions of s. 39.0139. The term of such
468 commitment continues until terminated by the court or until the
469 child reaches the age of 18. After the child is committed to the
470 temporary legal custody of the department, all further
471 proceedings under this section are governed by this chapter.
472
473 Protective supervision continues until the court terminates it
474 or until the child reaches the age of 18, whichever date is
475 first. Protective supervision shall be terminated by the court
476 whenever the court determines that permanency has been achieved
477 for the child, whether with a parent, another relative, or a
478 legal custodian, and that protective supervision is no longer
479 needed. The termination of supervision may be with or without
480 retaining jurisdiction, at the court’s discretion, and shall in
481 either case be considered a permanency option for the child. The
482 order terminating supervision by the department shall set forth
483 the powers of the custodian of the child and shall include the
484 powers ordinarily granted to a guardian of the person of a minor
485 unless otherwise specified. Upon the court’s termination of
486 supervision by the department, no further judicial reviews are
487 required, so long as permanency has been established for the
488 child.
489 (7) The court may enter an order ending its jurisdiction
490 over a child when a child has been returned to the parents,
491 provided the court shall not terminate its jurisdiction or the
492 department’s supervision over the child until 6 months after the
493 child’s return. The department shall supervise the placement of
494 the child after reunification for at least 6 months with each
495 parent or legal custodian from whom the child was removed. The
496 court shall determine whether its jurisdiction should be
497 continued or terminated in such a case based on a report of the
498 department or agency or the child’s guardian ad litem, and any
499 other relevant factors; if its jurisdiction is to be terminated,
500 the court shall enter an order to that effect.
501 Section 7. Section 39.522, Florida Statutes, is amended to
502 read:
503 39.522 Postdisposition change of custody.—The court may
504 change the temporary legal custody or the conditions of
505 protective supervision at a postdisposition hearing, without the
506 necessity of another adjudicatory hearing. If a child has been
507 returned to the parent and is under protective supervision by
508 the department and the child is later removed again from the
509 parent’s custody, any modifications of placement shall be done
510 under this section.
511 (1) At any time, an authorized agent of the department or a
512 law enforcement officer may remove a child from a court-ordered
513 placement and take the child into custody if the child’s current
514 caregiver requests immediate removal of the child from the home
515 or if there is probable cause as required in s. 39.401(1)(b).
516 The department shall file a motion to modify placement within 1
517 business day after the child is taken into custody. Unless all
518 parties agree to the change of placement, the court must set a
519 hearing within 24 hours after the filing of the motion. At the
520 hearing, the court shall determine whether the department has
521 established probable cause to support the immediate removal of
522 the child from his or her current placement. The court may base
523 its determination on a sworn petition, testimony, or an
524 affidavit and may hear all relevant and material evidence,
525 including oral or written reports, to the extent of its
526 probative value even though it would not be competent evidence
527 at an adjudicatory hearing. If the court finds that probable
528 cause is not established to support the removal of the child
529 from the placement, the court shall order that the child be
530 returned to his or her current placement. If the caregiver
531 admits to a need for a change of placement or probable cause is
532 established to support the removal, the court shall enter an
533 order changing the placement of the child. If the child is not
534 placed in foster care, then the new placement for the child must
535 meet the home study criteria in chapter 39. If the child’s
536 placement is modified based on a probable cause finding, the
537 court must conduct a subsequent evidentiary hearing, unless
538 waived by all parties, on the motion to determine whether the
539 department has established by a preponderance of the evidence
540 that maintaining the new placement of the child is in the best
541 interest of the child. The court shall consider the continuity
542 of the child’s placement in the same out-of-home residence as a
543 factor when determining the best interests of the child.
544 (2)(1) At any time before a child is residing in the
545 permanent placement approved at the permanency hearing, a child
546 who has been placed in the child’s own home under the protective
547 supervision of an authorized agent of the department, in the
548 home of a relative, in the home of a legal custodian, or in some
549 other place may be brought before the court by the department or
550 by any other party interested person, upon the filing of a
551 petition motion alleging a need for a change in the conditions
552 of protective supervision or the placement. If the parents or
553 other legal custodians deny the need for a change, the court
554 shall hear all parties in person or by counsel, or both. Upon
555 the admission of a need for a change or after such hearing, the
556 court shall enter an order changing the placement, modifying the
557 conditions of protective supervision, or continuing the
558 conditions of protective supervision as ordered. The standard
559 for changing custody of the child is determined by a
560 preponderance of the evidence that establishes that a change is
561 in shall be the best interest of the child. When applying this
562 standard, the court shall consider the continuity of the child’s
563 placement in the same out-of-home residence as a factor when
564 determining the best interests of the child. If the child is not
565 placed in foster care, then the new placement for the child must
566 meet the home study criteria and court approval under pursuant
567 to this chapter.
568 (3)(2) In cases where the issue before the court is whether
569 a child should be reunited with a parent, the court shall review
570 the conditions for return and determine whether the
571 circumstances that caused the out-of-home placement and issues
572 subsequently identified have been remedied to the extent that
573 the return of the child to the home with an in-home safety plan
574 prepared or approved by the department will not be detrimental
575 to the child’s safety, well-being, and physical, mental, and
576 emotional health.
577 (4)(3) In cases where the issue before the court is whether
578 a child who is placed in the custody of a parent should be
579 reunited with the other parent upon a finding that the
580 circumstances that caused the out-of-home placement and issues
581 subsequently identified have been remedied to the extent that
582 the return of the child to the home of the other parent with an
583 in-home safety plan prepared or approved by the department will
584 not be detrimental to the child, the standard shall be that the
585 safety, well-being, and physical, mental, and emotional health
586 of the child would not be endangered by reunification and that
587 reunification would be in the best interest of the child.
588 Section 8. Subsection (8) of section 39.6011, Florida
589 Statutes, is amended to read:
590 39.6011 Case plan development.—
591 (8) The case plan must be filed with the court and copies
592 provided to all parties, including the child if appropriate:,
593 not less than 3 business days before the disposition hearing.
594 (a) Not less than 72 hours before the disposition hearing,
595 if the disposition hearing occurs on or after the 60th day after
596 the date the child was placed in out-of-home care; or
597 (b) Not less than 72 hours before the case plan acceptance
598 hearing, if the disposition hearing occurs before the 60th day
599 after the date the child was placed in out-of-home care and a
600 case plan has not been submitted under this subsection, or if
601 the court does not approve the case plan at the disposition
602 hearing.
603 Section 9. Paragraph (a) of subsection (3) of section
604 39.801, Florida Statutes, is amended to read:
605 39.801 Procedures and jurisdiction; notice; service of
606 process.—
607 (3) Before the court may terminate parental rights, in
608 addition to the other requirements set forth in this part, the
609 following requirements must be met:
610 (a) Notice of the date, time, and place of the advisory
611 hearing for the petition to terminate parental rights and a copy
612 of the petition must be personally served upon the following
613 persons, specifically notifying them that a petition has been
614 filed:
615 1. The parents of the child.
616 2. The legal custodians of the child.
617 3. If the parents who would be entitled to notice are dead
618 or unknown, a living relative of the child, unless upon diligent
619 search and inquiry no such relative can be found.
620 4. Any person who has physical custody of the child.
621 5. Any grandparent entitled to priority for adoption under
622 s. 63.0425.
623 6. Any prospective parent who has been identified and
624 located under s. 39.503 or s. 39.803, unless a court order has
625 been entered pursuant to s. 39.503(4) or (9) or s. 39.803(4) or
626 (9) which indicates no further notice is required. Except as
627 otherwise provided in this section, if there is not a legal
628 father, notice of the petition for termination of parental
629 rights must be provided to any known prospective father who is
630 identified under oath before the court or who is identified and
631 located by a diligent search of the Florida Putative Father
632 Registry. Service of the notice of the petition for termination
633 of parental rights is not required if the prospective father
634 executes an affidavit of nonpaternity or a consent to
635 termination of his parental rights which is accepted by the
636 court after notice and opportunity to be heard by all parties to
637 address the best interests of the child in accepting such
638 affidavit.
639 7. The guardian ad litem for the child or the
640 representative of the guardian ad litem program, if the program
641 has been appointed.
642
643 The document containing the notice to respond or appear must
644 contain, in type at least as large as the type in the balance of
645 the document, the following or substantially similar language:
646 “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING
647 CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF
648 THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND
649 TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE
650 CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS
651 NOTICE.”
652 Section 10. Paragraph (e) of subsection (1) and subsection
653 (2) of section 39.806, Florida Statutes, are amended to read:
654 39.806 Grounds for termination of parental rights.—
655 (1) Grounds for the termination of parental rights may be
656 established under any of the following circumstances:
657 (e) When a child has been adjudicated dependent, a case
658 plan has been filed with the court, and:
659 1. The child continues to be abused, neglected, or
660 abandoned by the parent or parents. The failure of the parent or
661 parents to substantially comply with the case plan for a period
662 of 12 months after an adjudication of the child as a dependent
663 child or the child’s placement into shelter care, whichever
664 occurs first, constitutes evidence of continuing abuse, neglect,
665 or abandonment unless the failure to substantially comply with
666 the case plan was due to the parent’s lack of financial
667 resources or to the failure of the department to make reasonable
668 efforts to reunify the parent and child. The 12-month period
669 begins to run only after the child’s placement into shelter care
670 or the entry of a disposition order placing the custody of the
671 child with the department or a person other than the parent and
672 the court’s approval of a case plan having the goal of
673 reunification with the parent, whichever occurs first; or
674 2. The parent or parents have materially breached the case
675 plan by their action or inaction. Time is of the essence for
676 permanency of children in the dependency system. In order to
677 prove the parent or parents have materially breached the case
678 plan, the court must find by clear and convincing evidence that
679 the parent or parents are unlikely or unable to substantially
680 comply with the case plan before time to comply with the case
681 plan expires; or.
682 3. The child has been in care for any 12 of the last 22
683 months and the parents have not substantially complied with the
684 case plan so as to permit reunification under s. 39.522(3) s.
685 39.522(2) unless the failure to substantially comply with the
686 case plan was due to the parent’s lack of financial resources or
687 to the failure of the department to make reasonable efforts to
688 reunify the parent and child.
689 (2) Reasonable efforts to preserve and reunify families are
690 not required if a court of competent jurisdiction has determined
691 that any of the events described in paragraphs (1)(b)-(d) or
692 paragraphs (1)(f)-(n) (1)(f)-(m) have occurred.
693 Section 11. Subsection (9) of section 39.811, Florida
694 Statutes, is amended to read:
695 39.811 Powers of disposition; order of disposition.—
696 (9) After termination of parental rights or a written order
697 of permanent commitment entered under s. 39.5035, the court
698 shall retain jurisdiction over any child for whom custody is
699 given to a social service agency until the child is adopted. The
700 court shall review the status of the child’s placement and the
701 progress being made toward permanent adoptive placement. As part
702 of this continuing jurisdiction, for good cause shown by the
703 guardian ad litem for the child, the court may review the
704 appropriateness of the adoptive placement of the child. The
705 department’s decision to deny an application to adopt a child
706 who is under the court’s jurisdiction is reviewable only through
707 a motion to file a chapter 63 petition as provided in s.
708 39.812(4), and is not subject to chapter 120.
709 Section 12. Subsections (1), (4), and (5) of section
710 39.812, Florida Statutes, are amended to read:
711 39.812 Postdisposition relief; petition for adoption.—
712 (1) If the department is given custody of a child for
713 subsequent adoption in accordance with this chapter, the
714 department may place the child with an agency as defined in s.
715 63.032, with a child-caring agency registered under s. 409.176,
716 or in a family home for prospective subsequent adoption without
717 the need for a court order unless otherwise required under this
718 section. The department may allow prospective adoptive parents
719 to visit with a child in the department’s custody without a
720 court order to determine whether the adoptive placement would be
721 appropriate. The department may thereafter become a party to any
722 proceeding for the legal adoption of the child and appear in any
723 court where the adoption proceeding is pending and consent to
724 the adoption, and that consent alone shall in all cases be
725 sufficient.
726 (4) The court shall retain jurisdiction over any child
727 placed in the custody of the department until the case is closed
728 as provided in s. 39.63 the child is adopted. After custody of a
729 child for subsequent adoption has been given to the department,
730 the court has jurisdiction for the purpose of reviewing the
731 status of the child and the progress being made toward permanent
732 adoptive placement. As part of this continuing jurisdiction, for
733 good cause shown by the guardian ad litem for the child, the
734 court may review the appropriateness of the adoptive placement
735 of the child.
736 (a) If the department has denied a person’s application to
737 adopt a child, the denied applicant may file a motion with the
738 court within 30 days after the issuance of the written
739 notification of denial to allow him or her to file a chapter 63
740 petition to adopt a child without the department’s consent. The
741 denied applicant must allege in its motion that the department
742 unreasonably withheld its consent to the adoption. The court, as
743 part of its continuing jurisdiction, may review and rule on the
744 motion.
745 1. The denied applicant only has standing in the chapter 39
746 proceeding to file the motion in paragraph (a) and to present
747 evidence in support of the motion at a hearing, which must be
748 held within 30 days after the filing of the motion.
749 2. At the hearing on the motion, the court may only
750 consider whether the department’s review of the application was
751 consistent with its policies and made in an expeditious manner.
752 The standard of review by the court is whether the department’s
753 denial of the application is an abuse of discretion. The court
754 may not compare the denied applicant against another applicant
755 to determine which placement is in the best interests of the
756 child.
757 3. If the denied applicant establishes by a preponderance
758 of the evidence that the department unreasonably withheld its
759 consent, the court shall enter an order authorizing the denied
760 applicant to file a petition to adopt the child under chapter 63
761 without the department’s consent.
762 4. If the denied applicant does not prove by a
763 preponderance of the evidence that the department unreasonably
764 withheld its consent, the court shall enter an order so finding
765 and dismiss the motion.
766 5. The standing of the denied applicant in the chapter 39
767 proceeding is terminated upon entry of the court’s order.
768 (b) When a licensed foster parent or court-ordered
769 custodian has applied to adopt a child who has resided with the
770 foster parent or custodian for at least 6 months and who has
771 previously been permanently committed to the legal custody of
772 the department and the department does not grant the application
773 to adopt, the department may not, in the absence of a prior
774 court order authorizing it to do so, remove the child from the
775 foster home or custodian, except when:
776 1.(a) There is probable cause to believe that the child is
777 at imminent risk of abuse or neglect;
778 2.(b) Thirty days have expired following written notice to
779 the foster parent or custodian of the denial of the application
780 to adopt, within which period no formal challenge of the
781 department’s decision has been filed; or
782 3.(c) The foster parent or custodian agrees to the child’s
783 removal; or.
784 4. The department has selected another prospective adoptive
785 parent to adopt the child and either the foster parent or
786 custodian has not filed a motion with the court to allow him or
787 her to file a chapter 63 petition to adopt a child without the
788 department’s consent, as provided under paragraph (a), or the
789 court has denied such a motion.
790 (5) The petition for adoption must be filed in the division
791 of the circuit court which entered the judgment terminating
792 parental rights, unless a motion for change of venue is granted
793 under pursuant to s. 47.122. A copy of the consent executed by
794 the department must be attached to the petition, unless such
795 consent is waived under subsection (4) pursuant to s. 63.062(7).
796 The petition must be accompanied by a statement, signed by the
797 prospective adoptive parents, acknowledging receipt of all
798 information required to be disclosed under s. 63.085 and a form
799 provided by the department which details the social and medical
800 history of the child and each parent and includes the social
801 security number and date of birth for each parent, if such
802 information is available or readily obtainable. The prospective
803 adoptive parents may not file a petition for adoption until the
804 judgment terminating parental rights becomes final. An adoption
805 proceeding under this subsection is governed by chapter 63.
806 Section 13. Subsection (7) of section 63.062, Florida
807 Statutes, is amended to read:
808 63.062 Persons required to consent to adoption; affidavit
809 of nonpaternity; waiver of venue.—
810 (7) If parental rights to the minor have previously been
811 terminated, the adoption entity with which the minor has been
812 placed for subsequent adoption may provide consent to the
813 adoption. In such case, no other consent is required. If the
814 minor has been permanently committed to the department for
815 subsequent adoption, the department must consent to the adoption
816 or, in the alternative, the court order entered under s.
817 39.812(4) finding that the department The consent of the
818 department shall be waived upon a determination by the court
819 that such consent is being unreasonably withheld its consent
820 must be attached to the petition to adopt, and if the petitioner
821 must file has filed with the court a favorable preliminary
822 adoptive home study as required under s. 63.092.
823 Section 14. Paragraph (b) of subsection (6) of section
824 63.082, Florida Statutes, is amended to read:
825 63.082 Execution of consent to adoption or affidavit of
826 nonpaternity; family social and medical history; revocation of
827 consent.—
828 (6)
829 (b) Upon execution of the consent of the parent, the
830 adoption entity must shall be permitted to intervene in the
831 dependency case as a party in interest and must provide the
832 court that acquired jurisdiction over the minor, pursuant to the
833 shelter order or dependency petition filed by the department, a
834 copy of the preliminary home study of the prospective adoptive
835 parents and any other evidence of the suitability of the
836 placement. The preliminary home study must be maintained with
837 strictest confidentiality within the dependency court file and
838 the department’s file. A preliminary home study must be provided
839 to the court in all cases in which an adoption entity has
840 intervened under pursuant to this section. The exemption in s.
841 63.092(3) from the home study for a stepparent or relative does
842 not apply if a minor is under the supervision of the department
843 or is otherwise subject to the jurisdiction of the dependency
844 court as a result of the filing of a shelter petition,
845 dependency petition, or termination of parental rights petition
846 under chapter 39. Unless the court has concerns regarding the
847 qualifications of the home study provider, or concerns that the
848 home study may not be adequate to determine the best interests
849 of the child, the home study provided by the adoption entity is
850 shall be deemed to be sufficient and no additional home study
851 needs to be performed by the department.
852 Section 15. Subsections (8) and (9) of section 402.302,
853 Florida Statutes, are amended to read:
854 402.302 Definitions.—As used in this chapter, the term:
855 (8) “Family day care home” means an occupied primary
856 residence leased or owned by the operator in which child care is
857 regularly provided for children from at least two unrelated
858 families and which receives a payment, fee, or grant for any of
859 the children receiving care, whether or not operated for profit.
860 Household children under 13 years of age, when on the premises
861 of the family day care home or on a field trip with children
862 enrolled in child care, are shall be included in the overall
863 capacity of the licensed home. A family day care home is shall
864 be allowed to provide care for one of the following groups of
865 children, which shall include household children under 13 years
866 of age:
867 (a) A maximum of four children from birth to 12 months of
868 age.
869 (b) A maximum of three children from birth to 12 months of
870 age, and other children, for a maximum total of six children.
871 (c) A maximum of six preschool children if all are older
872 than 12 months of age.
873 (d) A maximum of 10 children if no more than 5 are
874 preschool age and, of those 5, no more than 2 are under 12
875 months of age.
876 (9) “Household children” means children who are related by
877 blood, marriage, or legal adoption to, or who are the legal
878 wards of, the family day care home operator, the large family
879 child care home operator, or an adult household member who
880 permanently or temporarily resides in the home. Supervision of
881 the operator’s household children shall be left to the
882 discretion of the operator unless those children receive
883 subsidized child care through the school readiness program under
884 pursuant to s. 1002.92 to be in the home.
885 Section 16. Paragraph (a) of subsection (7), paragraphs (b)
886 and (c) of subsection (9), and subsection (10) of section
887 402.305, Florida Statutes, are amended to read:
888 402.305 Licensing standards; child care facilities.—
889 (7) SANITATION AND SAFETY.—
890 (a) Minimum standards shall include requirements for
891 sanitary and safety conditions, first aid treatment, emergency
892 procedures, and pediatric cardiopulmonary resuscitation. The
893 minimum standards shall require that at least one staff person
894 trained and certified in cardiopulmonary resuscitation, as
895 evidenced by current documentation of course completion, must be
896 present at all times that children are present.
897 (9) ADMISSIONS AND RECORDKEEPING.—
898 (b) At the time of initial enrollment and annually
899 thereafter During the months of August and September of each
900 year, each child care facility shall provide parents of children
901 enrolled in the facility detailed information regarding the
902 causes, symptoms, and transmission of the influenza virus in an
903 effort to educate those parents regarding the importance of
904 immunizing their children against influenza as recommended by
905 the Advisory Committee on Immunization Practices of the Centers
906 for Disease Control and Prevention.
907 (c) At the time of initial enrollment and annually
908 thereafter During the months of April and September of each
909 year, at a minimum, each facility shall provide parents of
910 children enrolled in the facility information regarding the
911 potential for a distracted adult to fail to drop off a child at
912 the facility and instead leave the child in the adult’s vehicle
913 upon arrival at the adult’s destination. The child care facility
914 shall also give parents information about resources with
915 suggestions to avoid this occurrence. The department shall
916 develop a flyer or brochure with this information that shall be
917 posted to the department’s website, which child care facilities
918 may choose to reproduce and provide to parents to satisfy the
919 requirements of this paragraph.
920 (10) TRANSPORTATION SAFETY.—
921 (a) Minimum standards for child care facilities, family day
922 care homes, and large family child care homes shall include all
923 of the following:
924 1. Requirements for child restraints or seat belts in
925 vehicles used by child care facilities and large family child
926 care homes to transport children.,
927 2. Requirements for annual inspections of such the
928 vehicles.,
929 3. Limitations on the number of children which may be
930 transported in such the vehicles., procedures to avoid leaving
931 children in vehicles when transported by the facility, and
932 accountability for children transported by the child care
933 facility.
934 (b) Before providing transportation services or reinstating
935 transportation services after a lapse or discontinuation of
936 longer than 30 days, a child care facility, family day care
937 home, or large family child care home must be approved by the
938 department to transport children. Approval by the department is
939 based on the provider’s demonstration of compliance with all
940 current rules and standards for transportation.
941 (c) A child care facility, family day care home, or large
942 family child care home is not responsible for the safe transport
943 of children when they are being transported by a parent or
944 guardian.
945 Section 17. Subsections (14) and (15) of section 402.313,
946 Florida Statutes, are amended to read:
947 402.313 Family day care homes.—
948 (14) At the time of initial enrollment and annually
949 thereafter During the months of August and September of each
950 year, each family day care home shall provide parents of
951 children enrolled in the home detailed information regarding the
952 causes, symptoms, and transmission of the influenza virus in an
953 effort to educate those parents regarding the importance of
954 immunizing their children against influenza as recommended by
955 the Advisory Committee on Immunization Practices of the Centers
956 for Disease Control and Prevention.
957 (15) At the time of initial enrollment and annually
958 thereafter During the months of April and September of each
959 year, at a minimum, each family day care home shall provide
960 parents of children attending the family day care home
961 information regarding the potential for a distracted adult to
962 fail to drop off a child at the family day care home and instead
963 leave the child in the adult’s vehicle upon arrival at the
964 adult’s destination. The family day care home shall also give
965 parents information about resources with suggestions to avoid
966 this occurrence. The department shall develop a flyer or
967 brochure with this information that shall be posted to the
968 department’s website, which family day care homes may choose to
969 reproduce and provide to parents to satisfy the requirements of
970 this subsection.
971 Section 18. Subsections (8), (9), and (10) of section
972 402.3131, Florida Statutes, are amended to read:
973 402.3131 Large family child care homes.—
974 (8) Before Prior to being licensed by the department, large
975 family child care homes must be approved by the state or local
976 fire marshal in accordance with standards established for child
977 care facilities.
978 (9) At the time of initial enrollment and annually
979 thereafter During the months of August and September of each
980 year, each large family child care home shall provide parents of
981 children enrolled in the home detailed information regarding the
982 causes, symptoms, and transmission of the influenza virus in an
983 effort to educate those parents regarding the importance of
984 immunizing their children against influenza as recommended by
985 the Advisory Committee on Immunization Practices of the Centers
986 for Disease Control and Prevention.
987 (10) At the time of initial enrollment and annually
988 thereafter During the months of April and September of each
989 year, at a minimum, each large family child care home shall
990 provide parents of children attending the large family child
991 care home information regarding the potential for a distracted
992 adult to fail to drop off a child at the large family child care
993 home and instead leave the child in the adult’s vehicle upon
994 arrival at the adult’s destination. The large family child care
995 home shall also give parents information about resources with
996 suggestions to avoid this occurrence. The department shall
997 develop a flyer or brochure with this information that shall be
998 posted to the department’s website, which large family child
999 care homes may choose to reproduce and provide to parents to
1000 satisfy the requirements of this subsection.
1001 Section 19. Subsection (6) and paragraphs (b) and (e) of
1002 subsection (7) of section 409.1451, Florida Statutes, are
1003 amended to read:
1004 409.1451 The Road-to-Independence Program.—
1005 (6) ACCOUNTABILITY.—The department shall develop outcome
1006 measures for the program and other performance measures in order
1007 to maintain oversight of the program. No later than January 31
1008 of each year, the department shall prepare a report on the
1009 outcome measures and the department’s oversight activities and
1010 submit the report to the President of the Senate, the Speaker of
1011 the House of Representatives, and the committees with
1012 jurisdiction over issues relating to children and families in
1013 the Senate and the House of Representatives. The report must
1014 include:
1015 (a) An analysis of performance on the outcome measures
1016 developed under this section reported for each community-based
1017 care lead agency and compared with the performance of the
1018 department on the same measures.
1019 (b) A description of the department’s oversight of the
1020 program, including, by lead agency, any programmatic or fiscal
1021 deficiencies found, corrective actions required, and current
1022 status of compliance.
1023 (c) Any rules adopted or proposed under this section since
1024 the last report. For the purposes of the first report, any rules
1025 adopted or proposed under this section must be included.
1026 (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
1027 secretary shall establish the Independent Living Services
1028 Advisory Council for the purpose of reviewing and making
1029 recommendations concerning the implementation and operation of
1030 the provisions of s. 39.6251 and the Road-to-Independence
1031 Program. The advisory council shall function as specified in
1032 this subsection until the Legislature determines that the
1033 advisory council can no longer provide a valuable contribution
1034 to the department’s efforts to achieve the goals of the services
1035 designed to enable a young adult to live independently.
1036 (b) The advisory council shall report to the secretary on
1037 the status of the implementation of the Road-to-Independence
1038 Program, efforts to publicize the availability of the Road-to
1039 Independence Program, the success of the services, problems
1040 identified, recommendations for department or legislative
1041 action, and the department’s implementation of the
1042 recommendations contained in the Independent Living Services
1043 Integration Workgroup Report submitted to the appropriate
1044 substantive committees of the Legislature by December 31, 2013.
1045 The department shall submit a report by December 31 of each year
1046 to the Governor, the President of the Senate, and the Speaker of
1047 the House of Representatives which includes a summary of the
1048 factors reported on by the council and identifies the
1049 recommendations of the advisory council and either describes the
1050 department’s actions to implement the recommendations or
1051 provides the department’s rationale for not implementing the
1052 recommendations.
1053 (e) The advisory council report required under paragraph
1054 (b) must include an analysis of the system of independent living
1055 transition services for young adults who reach 18 years of age
1056 while in foster care before completing high school or its
1057 equivalent and recommendations for department or legislative
1058 action. The council shall assess and report on the most
1059 effective method of assisting these young adults to complete
1060 high school or its equivalent by examining the practices of
1061 other states.
1062 Section 20. This act shall take effect October 1, 2020.
1063
1064 ================= T I T L E A M E N D M E N T ================
1065 And the title is amended as follows:
1066 Delete everything before the enacting clause
1067 and insert:
1068 A bill to be entitled
1069 An act relating to child welfare; amending s. 25.385,
1070 F.S.; requiring the Florida Court Educational Council
1071 to establish certain standards for instruction of
1072 specified circuit court judges; amending s. 39.205,
1073 F.S.; deleting a requirement for the Department of
1074 Children and Families to report certain information to
1075 the Legislature; amending s. 39.302, F.S.; requiring
1076 the department to review certain reports under certain
1077 circumstances; amending s. 39.407, F.S.; transferring
1078 certain duties to the department from the Agency for
1079 Health Care Administration; creating s. 39.5035, F.S.;
1080 providing court procedures and requirements relating
1081 to deceased parents of a dependent child; providing
1082 requirements for petitions for adjudication and
1083 permanent commitment for certain children; amending s.
1084 39.521, F.S.; deleting provisions relating to
1085 protective supervision; deleting provisions relating
1086 to the court’s authority to enter an order ending its
1087 jurisdiction over a child under certain circumstances;
1088 amending s. 39.522, F.S.; providing requirements for a
1089 modification of placement of a child under the
1090 supervision of the department; amending s. 39.6011,
1091 F.S.; providing timeframes in which case plans must be
1092 filed with the court and be provided to specified
1093 parties; amending s. 39.801, F.S.; conforming
1094 provisions to changes made by the act; amending s.
1095 39.806, F.S.; conforming cross-references; amending s.
1096 39.811, F.S.; expanding conditions under which a court
1097 retains jurisdiction; providing when certain decisions
1098 relating to adoption are reviewable; amending s.
1099 39.812, F.S.; authorizing the department to take
1100 certain actions without a court order; authorizing
1101 certain persons to file a petition to adopt a child
1102 without the department’s consent; providing standing
1103 requirements; providing a standard of proof; providing
1104 responsibilities of the court in such cases; amending
1105 s. 63.062, F.S.; requiring the department to consent
1106 to certain adoptions; providing exceptions; amending
1107 s. 63.082, F.S.; providing construction; amending s.
1108 402.302, F.S.; revising definitions; amending s.
1109 402.305, F.S.; requiring a certain number of staff
1110 persons at child care facilities to be certified in
1111 certain safety techniques; requiring child care
1112 facilities to provide certain information to parents
1113 at the time of initial enrollment and annually
1114 thereafter; revising minimum standards for child care
1115 facilities, family day care homes, and large family
1116 child care homes relating to transportation; requiring
1117 child care facilities, family day care homes, and
1118 large family child care homes to be approved by the
1119 department to transport children in certain
1120 situations; amending s. 402.313, F.S.; requiring
1121 family day care homes to provide certain information
1122 to parents at the time of enrollment and annually
1123 thereafter; amending s. 402.3131, F.S.; requiring
1124 large family child care homes to provide certain
1125 information to parents at the time of enrollment and
1126 annually thereafter; amending s. 409.1451, F.S.;
1127 deleting a reporting requirement of the department and
1128 the Independent Living Services Advisory Council;
1129 providing an effective date.