Florida Senate - 2020                                    SB 1548
       
       
        
       By Senator Perry
       
       
       
       
       
       8-01040A-20                                           20201548__
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 25.385,
    3         F.S.; requiring the Florida Court Educational Council
    4         to establish certain standards for instruction of
    5         specified circuit court judges; amending s. 39.01,
    6         F.S.; revising the definition of the term “parent”;
    7         amending s. 39.205, F.S.; deleting a requirement for
    8         the Department of Children and Families to report
    9         certain information to the Legislature; amending s.
   10         39.302, F.S.; requiring the department to review
   11         certain reports under certain circumstances; amending
   12         s. 39.402, F.S.; providing requirements for the court
   13         when establishing paternity at a shelter hearing;
   14         amending s. 39.407, F.S.; transferring certain duties
   15         to the department from the Agency for Health Care
   16         Administration; amending s. 39.503, F.S.; revising
   17         procedures and requirements relating to the unknown
   18         identity or location of a parent of a dependent child;
   19         providing that a person does not have standing under
   20         certain circumstances; creating s. 39.5035, F.S.;
   21         providing court procedures and requirements relating
   22         to deceased parents of a dependent child; providing
   23         requirements for petitions for adjudication and
   24         permanent commitment for certain children; amending s.
   25         39.521, F.S.; deleting provisions relating to
   26         protective supervision; deleting provisions relating
   27         to the court’s authority to enter an order ending its
   28         jurisdiction over a child under certain circumstances;
   29         amending s. 39.522, F.S.; providing requirements for a
   30         modification of placement of a child under the
   31         supervision of the department; amending s. 39.6011,
   32         F.S.; providing timeframes in which case plans must be
   33         filed with the court and be provided to specified
   34         parties; creating s. 39.63, F.S.; providing procedures
   35         and requirements for closing a case under chapter 39;
   36         amending s. 39.801, F.S.; conforming provisions to
   37         changes made by the act; amending s. 39.803, F.S.;
   38         revising procedures and requirements relating to the
   39         unknown identity or location of a parent of a
   40         dependent child; providing that a person does not have
   41         standing under certain circumstances; amending s.
   42         39.806, F.S.; conforming cross-references; amending s.
   43         39.811, F.S.; expanding conditions under which a court
   44         retains jurisdiction; providing when certain decisions
   45         relating to adoption are reviewable; amending s.
   46         39.812, F.S.; authorizing the department to take
   47         certain actions without a court order; authorizing
   48         certain persons to file a petition to adopt a child
   49         without the department’s consent; providing standing
   50         requirements; providing a standard of proof; providing
   51         responsibilities of the court in such cases; amending
   52         s. 63.062, F.S.; requiring the department to consent
   53         to certain adoptions; providing exceptions; amending
   54         s. 63.082, F.S.; providing construction; amending s.
   55         402.302, F.S.; revising definitions; amending s.
   56         402.305, F.S.; requiring a certain number of staff
   57         persons at child care facilities to be certified in
   58         certain safety techniques; requiring child care
   59         facilities to provide certain information to parents
   60         at the time of initial enrollment and annually
   61         thereafter; revising minimum standards for child care
   62         facilities, family day care homes, and large family
   63         child care homes relating to transportation; requiring
   64         child care facilities, family day care homes, and
   65         large family child care homes to be approved by the
   66         department to transport children in certain
   67         situations; amending s. 402.313, F.S.; requiring
   68         family day care homes to provide certain information
   69         to parents at the time of enrollment and annually
   70         thereafter; amending s. 402.3131, F.S.; requiring
   71         large family child care homes to provide certain
   72         information to parents at the time of enrollment and
   73         annually thereafter; amending s. 409.1451, F.S.;
   74         deleting a reporting requirement of the department and
   75         the Independent Living Services Advisory Council;
   76         creating s. 742.0211, F.S.; defining the term
   77         “dependent child”; providing requirements and
   78         procedures for the determination of paternity when a
   79         child is dependent; providing the burden of proof for
   80         certain paternity complaints; providing applicability;
   81         providing an effective date.
   82          
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. Section 25.385, Florida Statutes, is amended to
   86  read:
   87         25.385 Standards for instruction of circuit and county
   88  court judges in handling domestic violence cases.—
   89         (1) The Florida Court Educational Council shall establish
   90  standards for instruction of circuit and county court judges who
   91  have responsibility for domestic violence cases, and the council
   92  shall provide such instruction on a periodic and timely basis.
   93         (2) As used in this section:
   94         (a) The term “domestic violence” has the meaning set forth
   95  in s. 741.28.
   96         (b) “Family or household member” has the meaning set forth
   97  in s. 741.28.
   98         (2)The Florida Court Educational Council shall establish
   99  standards for instruction of circuit court judges who have
  100  responsibility for dependency cases. The standards for
  101  instruction must be consistent with and reinforce the purposes
  102  of chapter 39, with emphasis on ensuring that a permanent
  103  placement is achieved as soon as possible and that a child
  104  should not remain in foster care for longer than 1 year. This
  105  instruction must be provided on a periodic and timely basis and
  106  may be provided by or in consultation with current or retired
  107  judges, the Department of Children and Families, or the
  108  Statewide Guardian Ad Litem Office established in s. 39.8296.
  109         Section 2. Subsection (56) of section 39.01, Florida
  110  Statutes, is amended to read:
  111         39.01 Definitions.—When used in this chapter, unless the
  112  context otherwise requires:
  113         (56) “Parent” means a woman who gives birth to a child and
  114  a man whose consent to the adoption of the child would be
  115  required under s. 63.062(1). The term “parent” also means legal
  116  father as defined in this section. If a child has been legally
  117  adopted, the term “parent” means the adoptive mother or father
  118  of the child. For purposes of this chapter only, when the phrase
  119  “parent or legal custodian” is used, it refers to rights or
  120  responsibilities of the parent and, only if there is no living
  121  parent with intact parental rights, to the rights or
  122  responsibilities of the legal custodian who has assumed the role
  123  of the parent. The term does not include an individual whose
  124  parental relationship to the child has been legally terminated,
  125  or an alleged or prospective parent, unless:
  126         (a)The parental status falls within the terms of s.
  127  39.503(1) or s. 63.062(1); or
  128         (b) parental status is applied for the purpose of
  129  determining whether the child has been abandoned.
  130         Section 3. Subsection (7) of section 39.205, Florida
  131  Statutes, is amended to read:
  132         39.205 Penalties relating to reporting of child abuse,
  133  abandonment, or neglect.—
  134         (7) The department shall establish procedures for
  135  determining whether a false report of child abuse, abandonment,
  136  or neglect has been made and for submitting all identifying
  137  information relating to such a report to the appropriate law
  138  enforcement agency and shall report annually to the Legislature
  139  the number of reports referred.
  140         Section 4. Subsection (7) of section 39.302, Florida
  141  Statutes, is amended to read:
  142         39.302 Protective investigations of institutional child
  143  abuse, abandonment, or neglect.—
  144         (7) When an investigation of institutional abuse, neglect,
  145  or abandonment is closed and a person is not identified as a
  146  caregiver responsible for the abuse, neglect, or abandonment
  147  alleged in the report, the fact that the person is named in some
  148  capacity in the report may not be used in any way to adversely
  149  affect the interests of that person. This prohibition applies to
  150  any use of the information in employment screening, licensing,
  151  child placement, adoption, or any other decisions by a private
  152  adoption agency or a state agency or its contracted providers.
  153         (a) However, if such a person is a licensee of the
  154  department and is named in any capacity in a report three or
  155  more reports within a 5-year period, the department must may
  156  review the report those reports and determine whether the
  157  information contained in the report reports is relevant for
  158  purposes of determining whether the person’s license should be
  159  renewed or revoked. If the information is relevant to the
  160  decision to renew or revoke the license, the department may rely
  161  on the information contained in the report in making that
  162  decision.
  163         (b) Likewise, if a person is employed as a caregiver in a
  164  residential group home licensed pursuant to s. 409.175 and is
  165  named in any capacity in a report three or more reports within a
  166  5-year period, the department must may review the report all
  167  reports for the purposes of the employment screening as defined
  168  in s. 409.175(2)(m) required pursuant to s. 409.145(2)(e).
  169         Section 5. Paragraph (c) of subsection (8) of section
  170  39.402, Florida Statutes, is amended to read:
  171         39.402 Placement in a shelter.—
  172         (8)
  173         (c) At the shelter hearing, the court shall:
  174         1. Appoint a guardian ad litem to represent the best
  175  interest of the child, unless the court finds that such
  176  representation is unnecessary.;
  177         2. Inform the parents or legal custodians of their right to
  178  counsel to represent them at the shelter hearing and at each
  179  subsequent hearing or proceeding, and the right of the parents
  180  to appointed counsel, pursuant to the procedures set forth in s.
  181  39.013.;
  182         3. Give the parents or legal custodians an opportunity to
  183  be heard and to present evidence.; and
  184         4. Inquire of those present at the shelter hearing as to
  185  the identity and location of the legal father. In determining
  186  who the legal father of the child may be, the court shall
  187  inquire under oath of those present at the shelter hearing
  188  whether they have any of the following information:
  189         a. Whether the mother of the child was married at the
  190  probable time of conception of the child or at the time of birth
  191  of the child.
  192         b. Whether the mother was cohabiting with a male at the
  193  probable time of conception of the child.
  194         c. Whether the mother has received payments or promises of
  195  support with respect to the child or because of her pregnancy
  196  from a man who claims to be the father.
  197         d. Whether the mother has named any man as the father on
  198  the birth certificate of the child or in connection with
  199  applying for or receiving public assistance.
  200         e. Whether any man has acknowledged or claimed paternity of
  201  the child in a jurisdiction in which the mother resided at the
  202  time of or since conception of the child or in which the child
  203  has resided or resides.
  204         f. Whether a man is named on the birth certificate of the
  205  child under pursuant to s. 382.013(2).
  206         g. Whether a man has been determined by a court order to be
  207  the father of the child.
  208         h. Whether a man has been determined to be the father of
  209  the child by the Department of Revenue as provided in s.
  210  409.256.
  211         5.If the inquiry under subparagraph 4. identifies a person
  212  as a legal father, as defined in s. 39.01, enter an order
  213  establishing the paternity of the child. Once an order
  214  establishing paternity has been entered, the court may not take
  215  any action to disestablish paternity in the absence of an action
  216  filed under chapter 742. An action filed under chapter 742
  217  concerning a child who is the subject in a dependence proceeding
  218  must comply with s. 742.0211.
  219         Section 6. Subsection (6) of section 39.407, Florida
  220  Statutes, is amended to read:
  221         39.407 Medical, psychiatric, and psychological examination
  222  and treatment of child; physical, mental, or substance abuse
  223  examination of person with or requesting child custody.—
  224         (6) Children who are in the legal custody of the department
  225  may be placed by the department, without prior approval of the
  226  court, in a residential treatment center licensed under s.
  227  394.875 or a hospital licensed under chapter 395 for residential
  228  mental health treatment only as provided in pursuant to this
  229  section or may be placed by the court in accordance with an
  230  order of involuntary examination or involuntary placement
  231  entered under pursuant to s. 394.463 or s. 394.467. All children
  232  placed in a residential treatment program under this subsection
  233  must have a guardian ad litem appointed.
  234         (a) As used in this subsection, the term:
  235         1. “Residential treatment” means placement for observation,
  236  diagnosis, or treatment of an emotional disturbance in a
  237  residential treatment center licensed under s. 394.875 or a
  238  hospital licensed under chapter 395.
  239         2. “Least restrictive alternative” means the treatment and
  240  conditions of treatment that, separately and in combination, are
  241  no more intrusive or restrictive of freedom than reasonably
  242  necessary to achieve a substantial therapeutic benefit or to
  243  protect the child or adolescent or others from physical injury.
  244         3. “Suitable for residential treatment” or “suitability”
  245  means a determination concerning a child or adolescent with an
  246  emotional disturbance as defined in s. 394.492(5) or a serious
  247  emotional disturbance as defined in s. 394.492(6) that each of
  248  the following criteria is met:
  249         a. The child requires residential treatment.
  250         b. The child is in need of a residential treatment program
  251  and is expected to benefit from mental health treatment.
  252         c. An appropriate, less restrictive alternative to
  253  residential treatment is unavailable.
  254         (b) Whenever the department believes that a child in its
  255  legal custody is emotionally disturbed and may need residential
  256  treatment, an examination and suitability assessment must be
  257  conducted by a qualified evaluator who is appointed by the
  258  department Agency for Health Care Administration. This
  259  suitability assessment must be completed before the placement of
  260  the child in a residential treatment center for emotionally
  261  disturbed children and adolescents or a hospital. The qualified
  262  evaluator must be a psychiatrist or a psychologist licensed in
  263  Florida who has at least 3 years of experience in the diagnosis
  264  and treatment of serious emotional disturbances in children and
  265  adolescents and who has no actual or perceived conflict of
  266  interest with any inpatient facility or residential treatment
  267  center or program.
  268         (c) Before a child is admitted under this subsection, the
  269  child shall be assessed for suitability for residential
  270  treatment by a qualified evaluator who has conducted a personal
  271  examination and assessment of the child and has made written
  272  findings that:
  273         1. The child appears to have an emotional disturbance
  274  serious enough to require residential treatment and is
  275  reasonably likely to benefit from the treatment.
  276         2. The child has been provided with a clinically
  277  appropriate explanation of the nature and purpose of the
  278  treatment.
  279         3. All available modalities of treatment less restrictive
  280  than residential treatment have been considered, and a less
  281  restrictive alternative that would offer comparable benefits to
  282  the child is unavailable.
  283  
  284  A copy of the written findings of the evaluation and suitability
  285  assessment must be provided to the department, to the guardian
  286  ad litem, and, if the child is a member of a Medicaid managed
  287  care plan, to the plan that is financially responsible for the
  288  child’s care in residential treatment, all of whom must be
  289  provided with the opportunity to discuss the findings with the
  290  evaluator.
  291         (d) Immediately upon placing a child in a residential
  292  treatment program under this section, the department must notify
  293  the guardian ad litem and the court having jurisdiction over the
  294  child and must provide the guardian ad litem and the court with
  295  a copy of the assessment by the qualified evaluator.
  296         (e) Within 10 days after the admission of a child to a
  297  residential treatment program, the director of the residential
  298  treatment program or the director’s designee must ensure that an
  299  individualized plan of treatment has been prepared by the
  300  program and has been explained to the child, to the department,
  301  and to the guardian ad litem, and submitted to the department.
  302  The child must be involved in the preparation of the plan to the
  303  maximum feasible extent consistent with his or her ability to
  304  understand and participate, and the guardian ad litem and the
  305  child’s foster parents must be involved to the maximum extent
  306  consistent with the child’s treatment needs. The plan must
  307  include a preliminary plan for residential treatment and
  308  aftercare upon completion of residential treatment. The plan
  309  must include specific behavioral and emotional goals against
  310  which the success of the residential treatment may be measured.
  311  A copy of the plan must be provided to the child, to the
  312  guardian ad litem, and to the department.
  313         (f) Within 30 days after admission, the residential
  314  treatment program must review the appropriateness and
  315  suitability of the child’s placement in the program. The
  316  residential treatment program must determine whether the child
  317  is receiving benefit toward the treatment goals and whether the
  318  child could be treated in a less restrictive treatment program.
  319  The residential treatment program shall prepare a written report
  320  of its findings and submit the report to the guardian ad litem
  321  and to the department. The department must submit the report to
  322  the court. The report must include a discharge plan for the
  323  child. The residential treatment program must continue to
  324  evaluate the child’s treatment progress every 30 days thereafter
  325  and must include its findings in a written report submitted to
  326  the department. The department may not reimburse a facility
  327  until the facility has submitted every written report that is
  328  due.
  329         (g)1. The department must submit, at the beginning of each
  330  month, to the court having jurisdiction over the child, a
  331  written report regarding the child’s progress toward achieving
  332  the goals specified in the individualized plan of treatment.
  333         2. The court must conduct a hearing to review the status of
  334  the child’s residential treatment plan no later than 60 days
  335  after the child’s admission to the residential treatment
  336  program. An independent review of the child’s progress toward
  337  achieving the goals and objectives of the treatment plan must be
  338  completed by a qualified evaluator and submitted to the court
  339  before its 60-day review.
  340         3. For any child in residential treatment at the time a
  341  judicial review is held pursuant to s. 39.701, the child’s
  342  continued placement in residential treatment must be a subject
  343  of the judicial review.
  344         4. If at any time the court determines that the child is
  345  not suitable for continued residential treatment, the court
  346  shall order the department to place the child in the least
  347  restrictive setting that is best suited to meet his or her
  348  needs.
  349         (h) After the initial 60-day review, the court must conduct
  350  a review of the child’s residential treatment plan every 90
  351  days.
  352         (i) The department must adopt rules for implementing
  353  timeframes for the completion of suitability assessments by
  354  qualified evaluators and a procedure that includes timeframes
  355  for completing the 60-day independent review by the qualified
  356  evaluators of the child’s progress toward achieving the goals
  357  and objectives of the treatment plan which review must be
  358  submitted to the court. The Agency for Health Care
  359  Administration must adopt rules for the registration of
  360  qualified evaluators, the procedure for selecting the evaluators
  361  to conduct the reviews required under this section, and a
  362  reasonable, cost-efficient fee schedule for qualified
  363  evaluators.
  364         Section 7. Section 39.503, Florida Statutes, is amended to
  365  read:
  366         39.503 Identity or location of parent unknown; special
  367  procedures.—
  368         (1) If the identity or location of a parent is unknown and
  369  a petition for dependency or shelter is filed, the court shall
  370  conduct under oath an the following inquiry of the parent or
  371  legal custodian who is available, or, if no parent or legal
  372  custodian is available, of any relative or custodian of the
  373  child who is present at the hearing and likely to have any of
  374  the following information:
  375         (a) Whether the mother of the child was married at the
  376  probable time of conception of the child or at the time of birth
  377  of the child.
  378         (b) Whether the mother was cohabiting with a male at the
  379  probable time of conception of the child.
  380         (c) Whether the mother has received payments or promises of
  381  support with respect to the child or because of her pregnancy
  382  from a man who claims to be the father.
  383         (d) Whether the mother has named any man as the father on
  384  the birth certificate of the child or in connection with
  385  applying for or receiving public assistance.
  386         (e) Whether any man has acknowledged or claimed paternity
  387  of the child in a jurisdiction in which the mother resided at
  388  the time of or since conception of the child, or in which the
  389  child has resided or resides.
  390         (f) Whether a man is named on the birth certificate of the
  391  child under pursuant to s. 382.013(2).
  392         (g) Whether a man has been determined by a court order to
  393  be the father of the child.
  394         (h) Whether a man has been determined to be the father of
  395  the child by the Department of Revenue as provided in s.
  396  409.256.
  397         (2) The information required in subsection (1) may be
  398  supplied to the court or the department in the form of a sworn
  399  affidavit by a person having personal knowledge of the facts.
  400         (3) If the inquiry under subsection (1) identifies any
  401  person as a parent or prospective parent and that person’s
  402  location is known, the court shall require notice of the hearing
  403  to be provided to that person. However, notice is not required
  404  to be provided to a prospective parent if there is an identified
  405  legal father, as defined in s. 39.01, of the child.
  406         (4)If the inquiry under subsection (1) identifies a person
  407  as a legal father, as defined in s. 39.01, the court shall enter
  408  an order establishing the paternity of the father. Once an order
  409  establishing paternity has been entered, the court may not take
  410  any action to disestablish this paternity in the absence of an
  411  action filed under chapter 742. An action filed under chapter
  412  742 concerning a child who is the subject in a dependence
  413  proceeding must comply with s. 742.0211.
  414         (5)(4) If the inquiry under subsection (1) fails to
  415  identify any person as a parent or prospective parent, the court
  416  shall so find and may proceed without further notice and the
  417  petitioner is relieved of performing any further search.
  418         (6)(5) If the inquiry under subsection (1) identifies a
  419  parent or prospective parent, and that person’s location is
  420  unknown, the court shall direct the petitioner to conduct a
  421  diligent search for that person before scheduling a disposition
  422  hearing regarding the dependency of the child unless the court
  423  finds that the best interest of the child requires proceeding
  424  without notice to the person whose location is unknown. However,
  425  a diligent search is not required to be conducted for a
  426  prospective parent if there is an identified legal father, as
  427  defined in s. 39.01, of the child.
  428         (7)(6) The diligent search required by subsection (6) (5)
  429  must include, at a minimum, inquiries of all relatives of the
  430  parent or prospective parent made known to the petitioner,
  431  inquiries of all offices of program areas of the department
  432  likely to have information about the parent or prospective
  433  parent, inquiries of other state and federal agencies likely to
  434  have information about the parent or prospective parent,
  435  inquiries of appropriate utility and postal providers, a
  436  thorough search of at least one electronic database specifically
  437  designed for locating persons, a search of the Florida Putative
  438  Father Registry, and inquiries of appropriate law enforcement
  439  agencies. Pursuant to s. 453 of the Social Security Act, 42
  440  U.S.C. s. 653(c)(4), the department, as the state agency
  441  administering Titles IV-B and IV-E of the act, shall be provided
  442  access to the federal and state parent locator service for
  443  diligent search activities.
  444         (8)(7) Any agency contacted by a petitioner with a request
  445  for information under pursuant to subsection (7) must (6) shall
  446  release the requested information to the petitioner without the
  447  necessity of a subpoena or court order.
  448         (9)If the inquiry and diligent search identifies and
  449  locates a parent, that person is considered a parent for all
  450  purposes under this chapter and must be provided notice of all
  451  hearings.
  452         (10)(8) If the inquiry and diligent search identifies and
  453  locates a prospective parent and there is no legal father, that
  454  person must be given the opportunity to become a party to the
  455  proceedings by completing a sworn affidavit of parenthood and
  456  filing it with the court or the department. A prospective parent
  457  who files a sworn affidavit of parenthood while the child is a
  458  dependent child but no later than at the time of or before the
  459  adjudicatory hearing in any termination of parental rights
  460  proceeding for the child shall be considered a parent for all
  461  purposes under this chapter section unless the other parent
  462  contests the determination of parenthood. A person does not have
  463  standing to file a sworn affidavit of parenthood or otherwise
  464  establish parenthood, except through adoption, after entry of a
  465  judgment terminating the parental rights of the legal father for
  466  a child. If the known parent contests the recognition of the
  467  prospective parent as a parent, the court having jurisdiction
  468  over the dependency matter shall conduct a determination of
  469  parentage under chapter 742. The prospective parent may not be
  470  recognized as a parent until proceedings to determine maternity
  471  or paternity under chapter 742 have been concluded. However, the
  472  prospective parent shall continue to receive notice of hearings
  473  as a participant pending results of the chapter 742 proceedings
  474  to determine maternity or paternity.
  475         (11)(9) If the diligent search under subsection (6) (5)
  476  fails to identify and locate a parent or prospective parent who
  477  was identified during the inquiry under subsection (1), the
  478  court shall so find and may proceed without further notice and
  479  the petitioner is relieved from performing any further search.
  480         Section 8. Section 39.5035, Florida Statutes, is created to
  481  read:
  482         39.5035Deceased parents; special procedures.—
  483         (1)(a)1.If both parents of a child are deceased and a
  484  legal custodian has not been appointed for the child through a
  485  probate or guardianship proceeding, then an attorney for the
  486  department or any other person, who has knowledge of the facts
  487  whether alleged or is informed of the alleged facts and believes
  488  them to be true, may initiate a proceeding by filing a petition
  489  for adjudication and permanent commitment.
  490         2.If a child has been placed in shelter status by order of
  491  the court but has not yet been adjudicated, a petition for
  492  adjudication and permanent commitment must be filed within 21
  493  days after the shelter hearing. In all other cases, the petition
  494  must be filed within a reasonable time after the date the child
  495  was referred to protective investigation or after the petitioner
  496  first becomes aware of the facts that support the petition for
  497  adjudication and permanent commitment.
  498         (b)If both parents or the last living parent dies after a
  499  child has already been adjudicated dependent, an attorney for
  500  the department or any other person who has knowledge of the
  501  facts alleged or is informed of the alleged facts and believes
  502  them to be true may file a petition for permanent commitment.
  503         (2)The petition:
  504         (a)Must be in writing, identify the alleged deceased
  505  parents, and provide facts that establish that both parents of
  506  the child are deceased and that a legal custodian has not been
  507  appointed for the child through a probate or guardianship
  508  proceeding.
  509         (b)Must be signed by the petitioner under oath stating the
  510  petitioner’s good faith in filing the petition.
  511         (3)When a petition for adjudication and permanent
  512  commitment or a petition for permanent commitment has been
  513  filed, the clerk of court shall set the case before the court
  514  for an adjudicatory hearing. The adjudicatory hearing must be
  515  held as soon as practicable after the petition is filed, but no
  516  later than 30 days after the filing date.
  517         (4)Notice of the date, time, and place of the adjudicatory
  518  hearing and a copy of the petition must be served on the
  519  following persons:
  520         (a)Any person who has physical custody of the child.
  521         (b)A living relative of each parent of the child, unless a
  522  living relative cannot be found after a diligent search and
  523  inquiry.
  524         (c)The guardian ad litem for the child or the
  525  representative of the guardian ad litem program, if the program
  526  has been appointed.
  527         (5)Adjudicatory hearings shall be conducted by the judge
  528  without a jury, applying the rules of evidence in use in civil
  529  cases and adjourning the hearings from time to time as
  530  necessary. At the hearing, the judge must determine whether the
  531  petitioner has established by clear and convincing evidence that
  532  both parents of the child are deceased and that a legal
  533  custodian has not been appointed for the child through a probate
  534  or guardianship proceeding. A certified copy of the death
  535  certificate for each parent is sufficient evidence of proof of
  536  the parents’ deaths.
  537         (6)Within 30 days after an adjudicatory hearing on a
  538  petition for adjudication and permanent commitment:
  539         (a)If the court finds that the petitioner has met the
  540  clear and convincing standard, the court shall enter a written
  541  order adjudicating the child dependent and permanently
  542  committing the child to the custody of the department for the
  543  purpose of adoption. A disposition hearing shall be scheduled no
  544  later than 30 days after the entry of the order, in which the
  545  department shall provide a case plan that identifies the
  546  permanency goal for the child to the court. Reasonable efforts
  547  must be made to place the child in a timely manner in accordance
  548  with the permanency plan and to complete all steps necessary to
  549  finalize the permanent placement of the child. Thereafter, until
  550  the adoption of the child is finalized or the child reaches the
  551  age of 18 years, whichever occurs first, the court shall hold
  552  hearings every 6 months to review the progress being made toward
  553  permanency for the child.
  554         (b)If the court finds that clear and convincing evidence
  555  does not establish that both parents of a child are deceased and
  556  that a legal custodian has not been appointed for the child
  557  through a probate or guardianship proceeding, but that a
  558  preponderance of the evidence establishes that the child does
  559  not have a parent or legal custodian capable of providing
  560  supervision or care, the court shall enter a written order
  561  adjudicating the child dependent. A disposition hearing shall be
  562  scheduled no later than 30 days after the entry of the order as
  563  provided in s. 39.521.
  564         (c)If the court finds that clear and convincing evidence
  565  does not establish that both parents of a child are deceased and
  566  that a legal custodian has not been appointed for the child
  567  through a probate or guardianship proceeding and that a
  568  preponderance of the evidence does not establish that the child
  569  does not have a parent or legal custodian capable of providing
  570  supervision or care, the court shall enter a written order so
  571  finding and dismissing the petition.
  572         (7)Within 30 days after an adjudicatory hearing on a
  573  petition for permanent commitment:
  574         (a)If the court finds that the petitioner has met the
  575  clear and convincing standard, the court shall enter a written
  576  order permanently committing the child to the custody of the
  577  department for purposes of adoption. A disposition hearing shall
  578  be scheduled no later than 30 days after the entry of the order,
  579  in which the department shall provide an amended case plan that
  580  identifies the permanency goal for the child to the court.
  581  Reasonable efforts must be made to place the child in a timely
  582  manner in accordance with the permanency plan and to complete
  583  all steps necessary to finalize the permanent placement of the
  584  child. Thereafter, until the adoption of the child is finalized
  585  or the child reaches the age of 18 years, whichever occurs
  586  first, the court shall hold hearings every 6 months to review
  587  the progress being made toward permanency for the child.
  588         (b)If the court finds that clear and convincing evidence
  589  does not establish that both parents of a child are deceased and
  590  that a legal custodian has not been appointed for the child
  591  through a probate or guardianship proceeding, the court shall
  592  enter a written order denying the petition. The order has no
  593  effect on the child’s prior adjudication. The order does not bar
  594  the petitioner from filing a subsequent petition for permanent
  595  commitment based on newly discovered evidence that establishes
  596  that both parents of a child are deceased and that a legal
  597  custodian has not been appointed for the child through a probate
  598  or guardianship proceeding.
  599         Section 9. Paragraph (c) of subsection (1) and subsections
  600  (3) and (7) of section 39.521, Florida Statutes, are amended to
  601  read:
  602         39.521 Disposition hearings; powers of disposition.—
  603         (1) A disposition hearing shall be conducted by the court,
  604  if the court finds that the facts alleged in the petition for
  605  dependency were proven in the adjudicatory hearing, or if the
  606  parents or legal custodians have consented to the finding of
  607  dependency or admitted the allegations in the petition, have
  608  failed to appear for the arraignment hearing after proper
  609  notice, or have not been located despite a diligent search
  610  having been conducted.
  611         (c) When any child is adjudicated by a court to be
  612  dependent, the court having jurisdiction of the child has the
  613  power by order to:
  614         1. Require the parent and, when appropriate, the legal
  615  guardian or the child to participate in treatment and services
  616  identified as necessary. The court may require the person who
  617  has custody or who is requesting custody of the child to submit
  618  to a mental health or substance abuse disorder assessment or
  619  evaluation. The order may be made only upon good cause shown and
  620  pursuant to notice and procedural requirements provided under
  621  the Florida Rules of Juvenile Procedure. The mental health
  622  assessment or evaluation must be administered by a qualified
  623  professional as defined in s. 39.01, and the substance abuse
  624  assessment or evaluation must be administered by a qualified
  625  professional as defined in s. 397.311. The court may also
  626  require such person to participate in and comply with treatment
  627  and services identified as necessary, including, when
  628  appropriate and available, participation in and compliance with
  629  a mental health court program established under chapter 394 or a
  630  treatment-based drug court program established under s. 397.334.
  631  Adjudication of a child as dependent based upon evidence of harm
  632  as defined in s. 39.01(35)(g) demonstrates good cause, and the
  633  court shall require the parent whose actions caused the harm to
  634  submit to a substance abuse disorder assessment or evaluation
  635  and to participate and comply with treatment and services
  636  identified in the assessment or evaluation as being necessary.
  637  In addition to supervision by the department, the court,
  638  including the mental health court program or the treatment-based
  639  drug court program, may oversee the progress and compliance with
  640  treatment by a person who has custody or is requesting custody
  641  of the child. The court may impose appropriate available
  642  sanctions for noncompliance upon a person who has custody or is
  643  requesting custody of the child or make a finding of
  644  noncompliance for consideration in determining whether an
  645  alternative placement of the child is in the child’s best
  646  interests. Any order entered under this subparagraph may be made
  647  only upon good cause shown. This subparagraph does not authorize
  648  placement of a child with a person seeking custody of the child,
  649  other than the child’s parent or legal custodian, who requires
  650  mental health or substance abuse disorder treatment.
  651         2. Require, if the court deems necessary, the parties to
  652  participate in dependency mediation.
  653         3. Require placement of the child either under the
  654  protective supervision of an authorized agent of the department
  655  in the home of one or both of the child’s parents or in the home
  656  of a relative of the child or another adult approved by the
  657  court, or in the custody of the department. Protective
  658  supervision continues until the court terminates it or until the
  659  child reaches the age of 18, whichever date is first. Protective
  660  supervision shall be terminated by the court whenever the court
  661  determines that permanency has been achieved for the child,
  662  whether with a parent, another relative, or a legal custodian,
  663  and that protective supervision is no longer needed. The
  664  termination of supervision may be with or without retaining
  665  jurisdiction, at the court’s discretion, and shall in either
  666  case be considered a permanency option for the child. The order
  667  terminating supervision by the department must set forth the
  668  powers of the custodian of the child and include the powers
  669  ordinarily granted to a guardian of the person of a minor unless
  670  otherwise specified. Upon the court’s termination of supervision
  671  by the department, further judicial reviews are not required if
  672  permanency has been established for the child.
  673         4. Determine whether the child has a strong attachment to
  674  the prospective permanent guardian and whether such guardian has
  675  a strong commitment to permanently caring for the child.
  676         (3) When any child is adjudicated by a court to be
  677  dependent, the court shall determine the appropriate placement
  678  for the child as follows:
  679         (a) If the court determines that the child can safely
  680  remain in the home with the parent with whom the child was
  681  residing at the time the events or conditions arose that brought
  682  the child within the jurisdiction of the court and that
  683  remaining in this home is in the best interest of the child,
  684  then the court shall order conditions under which the child may
  685  remain or return to the home and that this placement be under
  686  the protective supervision of the department for not less than 6
  687  months.
  688         (b) If there is a parent with whom the child was not
  689  residing at the time the events or conditions arose that brought
  690  the child within the jurisdiction of the court who desires to
  691  assume custody of the child, the court shall place the child
  692  with that parent upon completion of a home study, unless the
  693  court finds that such placement would endanger the safety, well
  694  being, or physical, mental, or emotional health of the child.
  695  Any party with knowledge of the facts may present to the court
  696  evidence regarding whether the placement will endanger the
  697  safety, well-being, or physical, mental, or emotional health of
  698  the child. If the court places the child with such parent, it
  699  may do either of the following:
  700         1. Order that the parent assume sole custodial
  701  responsibilities for the child. The court may also provide for
  702  reasonable visitation by the noncustodial parent. The court may
  703  then terminate its jurisdiction over the child.
  704         2. Order that the parent assume custody subject to the
  705  jurisdiction of the circuit court hearing dependency matters.
  706  The court may order that reunification services be provided to
  707  the parent from whom the child has been removed, that services
  708  be provided solely to the parent who is assuming physical
  709  custody in order to allow that parent to retain later custody
  710  without court jurisdiction, or that services be provided to both
  711  parents, in which case the court shall determine at every review
  712  hearing which parent, if either, shall have custody of the
  713  child. The standard for changing custody of the child from one
  714  parent to another or to a relative or another adult approved by
  715  the court shall be the best interest of the child.
  716         (c) If no fit parent is willing or available to assume care
  717  and custody of the child, place the child in the temporary legal
  718  custody of an adult relative, the adoptive parent of the child’s
  719  sibling, or another adult approved by the court who is willing
  720  to care for the child, under the protective supervision of the
  721  department. The department must supervise this placement until
  722  the child reaches permanency status in this home, and in no case
  723  for a period of less than 6 months. Permanency in a relative
  724  placement shall be by adoption, long-term custody, or
  725  guardianship.
  726         (d) If the child cannot be safely placed in a nonlicensed
  727  placement, the court shall commit the child to the temporary
  728  legal custody of the department. Such commitment invests in the
  729  department all rights and responsibilities of a legal custodian.
  730  The department may shall not return any child to the physical
  731  care and custody of the person from whom the child was removed,
  732  except for court-approved visitation periods, without the
  733  approval of the court. Any order for visitation or other contact
  734  must conform to the provisions of s. 39.0139. The term of such
  735  commitment continues until terminated by the court or until the
  736  child reaches the age of 18. After the child is committed to the
  737  temporary legal custody of the department, all further
  738  proceedings under this section are governed by this chapter.
  739  
  740  Protective supervision continues until the court terminates it
  741  or until the child reaches the age of 18, whichever date is
  742  first. Protective supervision shall be terminated by the court
  743  whenever the court determines that permanency has been achieved
  744  for the child, whether with a parent, another relative, or a
  745  legal custodian, and that protective supervision is no longer
  746  needed. The termination of supervision may be with or without
  747  retaining jurisdiction, at the court’s discretion, and shall in
  748  either case be considered a permanency option for the child. The
  749  order terminating supervision by the department shall set forth
  750  the powers of the custodian of the child and shall include the
  751  powers ordinarily granted to a guardian of the person of a minor
  752  unless otherwise specified. Upon the court’s termination of
  753  supervision by the department, no further judicial reviews are
  754  required, so long as permanency has been established for the
  755  child.
  756         (7)The court may enter an order ending its jurisdiction
  757  over a child when a child has been returned to the parents,
  758  provided the court shall not terminate its jurisdiction or the
  759  department’s supervision over the child until 6 months after the
  760  child’s return. The department shall supervise the placement of
  761  the child after reunification for at least 6 months with each
  762  parent or legal custodian from whom the child was removed. The
  763  court shall determine whether its jurisdiction should be
  764  continued or terminated in such a case based on a report of the
  765  department or agency or the child’s guardian ad litem, and any
  766  other relevant factors; if its jurisdiction is to be terminated,
  767  the court shall enter an order to that effect.
  768         Section 10. Section 39.522, Florida Statutes, is amended to
  769  read:
  770         39.522 Postdisposition change of custody.—The court may
  771  change the temporary legal custody or the conditions of
  772  protective supervision at a postdisposition hearing, without the
  773  necessity of another adjudicatory hearing. If a child has been
  774  returned to the parent and is under protective supervision by
  775  the department and the child is later removed again from the
  776  parent’s custody, any modifications of placement shall be done
  777  under this section.
  778         (1)At any time, an authorized agent of the department or a
  779  law enforcement officer may remove a child from a court-ordered
  780  placement and take the child into custody if the child’s current
  781  caregiver requests immediate removal of the child from the home
  782  or if there is probable cause as required in s. 39.401(1)(b).
  783  The department shall file a motion to modify placement within 1
  784  business day after the child is taken into custody. Unless all
  785  parties agree to the change of placement, the court must set a
  786  hearing within 24 hours after the filing of the motion. At the
  787  hearing, the court shall determine whether the department has
  788  established probable cause to support the immediate removal of
  789  the child from his or her current placement. The court may base
  790  its determination on a sworn petition, testimony, or an
  791  affidavit and may hear all relevant and material evidence,
  792  including oral or written reports, to the extent of its
  793  probative value even though it would not be competent evidence
  794  at an adjudicatory hearing. If the court finds that probable
  795  cause is not established to support the removal of the child
  796  from the placement, the court shall order that the child be
  797  returned to his or her current placement. If the caregiver
  798  admits to a need for a change of placement or probable cause is
  799  established to support the removal, the court shall enter an
  800  order changing the placement of the child. If the child is not
  801  placed in foster care, then the new placement for the child must
  802  meet the home study criteria in chapter 39. If the child’s
  803  placement is modified based on a probable cause finding, the
  804  court must conduct a subsequent evidentiary hearing, unless
  805  waived by all parties, on the motion to determine whether the
  806  department has established by a preponderance of the evidence
  807  that maintaining the new placement of the child is in the best
  808  interest of the child. The court shall consider the continuity
  809  of the child’s placement in the same out-of-home residence as a
  810  factor when determining the best interests of the child.
  811         (2)(1) At any time before a child is residing in the
  812  permanent placement approved at the permanency hearing, a child
  813  who has been placed in the child’s own home under the protective
  814  supervision of an authorized agent of the department, in the
  815  home of a relative, in the home of a legal custodian, or in some
  816  other place may be brought before the court by the department or
  817  by any other party interested person, upon the filing of a
  818  petition motion alleging a need for a change in the conditions
  819  of protective supervision or the placement. If the parents or
  820  other legal custodians deny the need for a change, the court
  821  shall hear all parties in person or by counsel, or both. Upon
  822  the admission of a need for a change or after such hearing, the
  823  court shall enter an order changing the placement, modifying the
  824  conditions of protective supervision, or continuing the
  825  conditions of protective supervision as ordered. The standard
  826  for changing custody of the child is determined by a
  827  preponderance of the evidence that establishes that a change is
  828  in shall be the best interest of the child. When applying this
  829  standard, the court shall consider the continuity of the child’s
  830  placement in the same out-of-home residence as a factor when
  831  determining the best interests of the child. If the child is not
  832  placed in foster care, then the new placement for the child must
  833  meet the home study criteria and court approval under pursuant
  834  to this chapter.
  835         (3)(2) In cases where the issue before the court is whether
  836  a child should be reunited with a parent, the court shall review
  837  the conditions for return and determine whether the
  838  circumstances that caused the out-of-home placement and issues
  839  subsequently identified have been remedied to the extent that
  840  the return of the child to the home with an in-home safety plan
  841  prepared or approved by the department will not be detrimental
  842  to the child’s safety, well-being, and physical, mental, and
  843  emotional health.
  844         (4)(3) In cases where the issue before the court is whether
  845  a child who is placed in the custody of a parent should be
  846  reunited with the other parent upon a finding that the
  847  circumstances that caused the out-of-home placement and issues
  848  subsequently identified have been remedied to the extent that
  849  the return of the child to the home of the other parent with an
  850  in-home safety plan prepared or approved by the department will
  851  not be detrimental to the child, the standard shall be that the
  852  safety, well-being, and physical, mental, and emotional health
  853  of the child would not be endangered by reunification and that
  854  reunification would be in the best interest of the child.
  855         Section 11. Subsection (8) of section 39.6011, Florida
  856  Statutes, is amended to read:
  857         39.6011 Case plan development.—
  858         (8) The case plan must be filed with the court and copies
  859  provided to all parties, including the child if appropriate:,
  860  not less than 3 business days before the disposition hearing.
  861         (a)Not less than 72 hours before the disposition hearing,
  862  if the disposition hearing occurs on or after the 60th day after
  863  the date the child was placed in out-of-home care; or
  864         (b)Not less than 72 hours before the case plan acceptance
  865  hearing, if the disposition hearing occurs before the 60th day
  866  after the date the child was placed in out-of-home care and a
  867  case plan has not been submitted under this subsection, or if
  868  the court does not approve the case plan at the disposition
  869  hearing.
  870         Section 12. Section 39.63, Florida Statutes, is created to
  871  read:
  872         39.63Case closure.—Unless s. 39.6251 applies, the court
  873  shall close the judicial case for all proceedings under this
  874  chapter by terminating protective supervision and its
  875  jurisdiction as provided in this section.
  876         (1)If a child is placed under the protective supervision
  877  of the department, the protective supervision continues until
  878  such supervision is terminated by the court or until the child
  879  reaches the age of 18, whichever occurs first. The court shall
  880  terminate protective supervision when it determines that
  881  permanency has been achieved for the child and supervision is no
  882  longer needed. If the court adopts a permanency goal of
  883  reunification with a parent or legal custodian from whom the
  884  child was initially removed, the court must retain jurisdiction
  885  and the department must supervise the placement for a minimum of
  886  6 months after reunification. The court shall determine whether
  887  its jurisdiction should be continued or terminated based on a
  888  report of the department or the child’s guardian ad litem. The
  889  termination of supervision may be with or without retaining
  890  jurisdiction, at the court’s discretion.
  891         (2)The order terminating protective supervision must set
  892  forth the powers of the legal custodian of the child and include
  893  the powers originally granted to a guardian of the person of a
  894  minor unless otherwise specified.
  895         (3)Upon the court’s termination of supervision by the
  896  department, further judicial reviews are not required.
  897         (4)The court must enter a written order terminating its
  898  jurisdiction over a child when the child is returned to his or
  899  her parent. However, the court must retain jurisdiction over the
  900  child for a minimum of 6 months after reunification and may not
  901  terminate its jurisdiction until the court determines that
  902  protective supervision is no longer needed.
  903         (5)If a child was not removed from the home, the court
  904  must enter a written order terminating its jurisdiction over the
  905  child when the court determines that permanency has been
  906  achieved.
  907         (6)If a child is placed in the custody of a parent and the
  908  court determines that reasonable efforts to reunify the child
  909  with the other parent are not required, the court may, at any
  910  time, order that the custodial parent assume sole custodial
  911  responsibilities for the child, provide for reasonable
  912  visitation by the noncustodial parent, and terminate its
  913  jurisdiction over the child. If the court previously approved a
  914  case plan that requires services to be provided to the
  915  noncustodial parent, the court may not terminate its
  916  jurisdiction before the case plan expires unless the court finds
  917  by a preponderance of the evidence that it is not likely that
  918  the child will be reunified with the noncustodial parent within
  919  12 months after the child was removed from the home.
  920         (7)When a child has been adopted under a chapter 63
  921  proceeding, the court must enter a written order terminating its
  922  jurisdiction over the child in the chapter 39 proceeding.
  923         Section 13. Paragraph (a) of subsection (3) of section
  924  39.801, Florida Statutes, is amended to read:
  925         39.801 Procedures and jurisdiction; notice; service of
  926  process.—
  927         (3) Before the court may terminate parental rights, in
  928  addition to the other requirements set forth in this part, the
  929  following requirements must be met:
  930         (a) Notice of the date, time, and place of the advisory
  931  hearing for the petition to terminate parental rights and a copy
  932  of the petition must be personally served upon the following
  933  persons, specifically notifying them that a petition has been
  934  filed:
  935         1. The parents of the child.
  936         2. The legal custodians of the child.
  937         3. If the parents who would be entitled to notice are dead
  938  or unknown, a living relative of the child, unless upon diligent
  939  search and inquiry no such relative can be found.
  940         4. Any person who has physical custody of the child.
  941         5. Any grandparent entitled to priority for adoption under
  942  s. 63.0425.
  943         6. Any prospective parent who has been identified and
  944  located under s. 39.503 or s. 39.803, unless a court order has
  945  been entered under s. 39.503(5) or (11) or s. 39.803(5) or (11)
  946  pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which
  947  indicates no further notice is required. Except as otherwise
  948  provided in this section, if there is not a legal father, notice
  949  of the petition for termination of parental rights must be
  950  provided to any known prospective father who is identified under
  951  oath before the court or who is identified and located by a
  952  diligent search of the Florida Putative Father Registry. Service
  953  of the notice of the petition for termination of parental rights
  954  is not required if the prospective father executes an affidavit
  955  of nonpaternity or a consent to termination of his parental
  956  rights which is accepted by the court after notice and
  957  opportunity to be heard by all parties to address the best
  958  interests of the child in accepting such affidavit.
  959         7. The guardian ad litem for the child or the
  960  representative of the guardian ad litem program, if the program
  961  has been appointed.
  962  
  963  The document containing the notice to respond or appear must
  964  contain, in type at least as large as the type in the balance of
  965  the document, the following or substantially similar language:
  966  “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING
  967  CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF
  968  THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND
  969  TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE
  970  CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS
  971  NOTICE.”
  972         Section 14. Section 39.803, Florida Statutes, is amended to
  973  read:
  974         39.803 Identity or location of parent unknown after filing
  975  of termination of parental rights petition; special procedures.—
  976         (1) If the identity or location of a parent is unknown, and
  977  a petition for termination of parental rights is filed, and the
  978  court has not previously conducted an inquiry or entered an
  979  order relieving the petitioner of further search or notice under
  980  s. 39.503, the court shall conduct under oath the following
  981  inquiry of the parent who is available, or, if no parent is
  982  available, of any relative, caregiver, or legal custodian of the
  983  child who is present at the hearing and likely to have the
  984  information:
  985         (a) Whether the mother of the child was married at the
  986  probable time of conception of the child or at the time of birth
  987  of the child.
  988         (b) Whether the mother was cohabiting with a male at the
  989  probable time of conception of the child.
  990         (c) Whether the mother has received payments or promises of
  991  support with respect to the child or because of her pregnancy
  992  from a man who claims to be the father.
  993         (d) Whether the mother has named any man as the father on
  994  the birth certificate of the child or in connection with
  995  applying for or receiving public assistance.
  996         (e) Whether any man has acknowledged or claimed paternity
  997  of the child in a jurisdiction in which the mother resided at
  998  the time of or since conception of the child, or in which the
  999  child has resided or resides.
 1000         (f) Whether a man is named on the birth certificate of the
 1001  child under pursuant to s. 382.013(2).
 1002         (g) Whether a man has been determined by a court order to
 1003  be the father of the child.
 1004         (h) Whether a man has been determined to be the father of
 1005  the child by the Department of Revenue as provided in s.
 1006  409.256.
 1007         (2) The information required in subsection (1) may be
 1008  supplied to the court or the department in the form of a sworn
 1009  affidavit by a person having personal knowledge of the facts.
 1010         (3) If the inquiry under subsection (1) identifies any
 1011  person as a parent or prospective parent and that person’s
 1012  location is known, the court shall require notice of the hearing
 1013  to be provided to that person. However, notice is not required
 1014  to be provided to a prospective parent if there is an identified
 1015  legal father, as defined in s. 39.01, of the child.
 1016         (4)If the inquiry under subsection (1) identifies a person
 1017  as a legal father, as defined in s. 39.01, the court shall enter
 1018  an order establishing the paternity of the father. Once an order
 1019  establishing paternity has been entered, the court may not take
 1020  any action to disestablish this paternity in the absence of an
 1021  action filed under chapter 742. An action filed under chapter
 1022  742 concerning a child who is the subject in a dependence
 1023  proceeding must comply with s. 742.0211.
 1024         (5)(4) If the inquiry under subsection (1) fails to
 1025  identify any person as a parent or prospective parent, the court
 1026  shall so find and may proceed without further notice and the
 1027  petitioner is relieved of performing any further search.
 1028         (6)(5) If the inquiry under subsection (1) identifies a
 1029  parent or prospective parent, and that person’s location is
 1030  unknown, the court shall direct the petitioner to conduct a
 1031  diligent search for that person before scheduling an
 1032  adjudicatory hearing regarding the petition for termination of
 1033  parental rights to the child unless the court finds that the
 1034  best interest of the child requires proceeding without actual
 1035  notice to the person whose location is unknown. However, a
 1036  diligent search is not required to be conducted for a
 1037  prospective parent if there is an identified legal father, as
 1038  defined in s. 39.01, of the child.
 1039         (7)(6) The diligent search required by subsection (6) (5)
 1040  must include, at a minimum, inquiries of all known relatives of
 1041  the parent or prospective parent, inquiries of all offices of
 1042  program areas of the department likely to have information about
 1043  the parent or prospective parent, inquiries of other state and
 1044  federal agencies likely to have information about the parent or
 1045  prospective parent, inquiries of appropriate utility and postal
 1046  providers, a thorough search of at least one electronic database
 1047  specifically designed for locating persons, a search of the
 1048  Florida Putative Father Registry, and inquiries of appropriate
 1049  law enforcement agencies. Pursuant to s. 453 of the Social
 1050  Security Act, 42 U.S.C. s. 653(c)(4), the department, as the
 1051  state agency administering Titles IV-B and IV-E of the act,
 1052  shall be provided access to the federal and state parent locator
 1053  service for diligent search activities.
 1054         (8)(7) Any agency contacted by petitioner with a request
 1055  for information under pursuant to subsection (7) (6) shall
 1056  release the requested information to the petitioner without the
 1057  necessity of a subpoena or court order.
 1058         (9)If the inquiry and diligent search identifies and
 1059  locates a parent, that person is considered a parent for all
 1060  purposes under this chapter and must be provided notice of all
 1061  hearings.
 1062         (10)(8) If the inquiry and diligent search identifies and
 1063  locates a prospective parent and there is no legal father, that
 1064  person must be given the opportunity to become a party to the
 1065  proceedings by completing a sworn affidavit of parenthood and
 1066  filing it with the court or the department. A prospective parent
 1067  who files a sworn affidavit of parenthood while the child is a
 1068  dependent child but no later than at the time of or before the
 1069  adjudicatory hearing in the termination of parental rights
 1070  proceeding for the child shall be considered a parent for all
 1071  purposes under this chapter section. A person does not have
 1072  standing to file a sworn affidavit of parenthood or otherwise
 1073  establish parenthood, except through adoption, after the entry
 1074  of a judgment terminating the parental rights of the legal
 1075  father for a child. If the known parent contests the recognition
 1076  of the prospective parent as a parent, the court having
 1077  jurisdiction over the dependency matter shall conduct a
 1078  determination of parentage proceeding under chapter 742. The
 1079  prospective parent may not be recognized as a parent until
 1080  proceedings to determine maternity or paternity have been
 1081  concluded. However, the prospective parent shall continue to
 1082  receive notice of hearings as a participant pending results of
 1083  the proceedings to determine maternity or paternity.
 1084         (11)(9) If the diligent search under subsection (6) (5)
 1085  fails to identify and locate a parent or prospective parent who
 1086  was identified during the inquiry under subsection (1), the
 1087  court shall so find and may proceed without further notice and
 1088  the petitioner is relieved from performing any further search.
 1089         Section 15. Paragraph (e) of subsection (1) and subsection
 1090  (2) of section 39.806, Florida Statutes, are amended to read:
 1091         39.806 Grounds for termination of parental rights.—
 1092         (1) Grounds for the termination of parental rights may be
 1093  established under any of the following circumstances:
 1094         (e) When a child has been adjudicated dependent, a case
 1095  plan has been filed with the court, and:
 1096         1. The child continues to be abused, neglected, or
 1097  abandoned by the parent or parents. The failure of the parent or
 1098  parents to substantially comply with the case plan for a period
 1099  of 12 months after an adjudication of the child as a dependent
 1100  child or the child’s placement into shelter care, whichever
 1101  occurs first, constitutes evidence of continuing abuse, neglect,
 1102  or abandonment unless the failure to substantially comply with
 1103  the case plan was due to the parent’s lack of financial
 1104  resources or to the failure of the department to make reasonable
 1105  efforts to reunify the parent and child. The 12-month period
 1106  begins to run only after the child’s placement into shelter care
 1107  or the entry of a disposition order placing the custody of the
 1108  child with the department or a person other than the parent and
 1109  the court’s approval of a case plan having the goal of
 1110  reunification with the parent, whichever occurs first; or
 1111         2. The parent or parents have materially breached the case
 1112  plan by their action or inaction. Time is of the essence for
 1113  permanency of children in the dependency system. In order to
 1114  prove the parent or parents have materially breached the case
 1115  plan, the court must find by clear and convincing evidence that
 1116  the parent or parents are unlikely or unable to substantially
 1117  comply with the case plan before time to comply with the case
 1118  plan expires; or.
 1119         3. The child has been in care for any 12 of the last 22
 1120  months and the parents have not substantially complied with the
 1121  case plan so as to permit reunification under s. 39.522(3) s.
 1122  39.522(2) unless the failure to substantially comply with the
 1123  case plan was due to the parent’s lack of financial resources or
 1124  to the failure of the department to make reasonable efforts to
 1125  reunify the parent and child.
 1126         (2) Reasonable efforts to preserve and reunify families are
 1127  not required if a court of competent jurisdiction has determined
 1128  that any of the events described in paragraphs (1)(b)-(d) or
 1129  paragraphs (1)(f)-(n) (1)(f)-(m) have occurred.
 1130         Section 16. Subsection (9) of section 39.811, Florida
 1131  Statutes, is amended to read:
 1132         39.811 Powers of disposition; order of disposition.—
 1133         (9) After termination of parental rights or a written order
 1134  of permanent commitment entered under s. 39.5035, the court
 1135  shall retain jurisdiction over any child for whom custody is
 1136  given to a social service agency until the child is adopted. The
 1137  court shall review the status of the child’s placement and the
 1138  progress being made toward permanent adoptive placement. As part
 1139  of this continuing jurisdiction, for good cause shown by the
 1140  guardian ad litem for the child, the court may review the
 1141  appropriateness of the adoptive placement of the child. The
 1142  department’s decision to deny an application to adopt a child
 1143  who is under the court’s jurisdiction is reviewable only through
 1144  a motion to file a chapter 63 petition as provided in s.
 1145  39.812(4), and is not subject to chapter 120.
 1146         Section 17. Subsections (1), (4), and (5) of section
 1147  39.812, Florida Statutes, are amended to read:
 1148         39.812 Postdisposition relief; petition for adoption.—
 1149         (1) If the department is given custody of a child for
 1150  subsequent adoption in accordance with this chapter, the
 1151  department may place the child with an agency as defined in s.
 1152  63.032, with a child-caring agency registered under s. 409.176,
 1153  or in a family home for prospective subsequent adoption without
 1154  the need for a court order unless otherwise required under this
 1155  section. The department may allow prospective adoptive parents
 1156  to visit with a child in the department’s custody without a
 1157  court order to determine whether the adoptive placement would be
 1158  appropriate. The department may thereafter become a party to any
 1159  proceeding for the legal adoption of the child and appear in any
 1160  court where the adoption proceeding is pending and consent to
 1161  the adoption, and that consent alone shall in all cases be
 1162  sufficient.
 1163         (4) The court shall retain jurisdiction over any child
 1164  placed in the custody of the department until the case is closed
 1165  as provided in s. 39.63 the child is adopted. After custody of a
 1166  child for subsequent adoption has been given to the department,
 1167  the court has jurisdiction for the purpose of reviewing the
 1168  status of the child and the progress being made toward permanent
 1169  adoptive placement. As part of this continuing jurisdiction, for
 1170  good cause shown by the guardian ad litem for the child, the
 1171  court may review the appropriateness of the adoptive placement
 1172  of the child.
 1173         (a)If the department has denied a person’s application to
 1174  adopt a child, the denied applicant may file a motion with the
 1175  court within 30 days after the issuance of the written
 1176  notification of denial to allow him or her to file a chapter 63
 1177  petition to adopt a child without the department’s consent. The
 1178  denied applicant must allege in its motion that the department
 1179  unreasonably withheld its consent to the adoption. The court, as
 1180  part of its continuing jurisdiction, may review and rule on the
 1181  motion.
 1182         1.The denied applicant only has standing in the chapter 39
 1183  proceeding to file the motion in paragraph (a) and to present
 1184  evidence in support of the motion at a hearing, which must be
 1185  held within 30 days after the filing of the motion.
 1186         2.At the hearing on the motion, the court may only
 1187  consider whether the department’s review of the application was
 1188  consistent with its policies and made in an expeditious manner.
 1189  The standard of review by the court is whether the department’s
 1190  denial of the application is an abuse of discretion. The court
 1191  may not compare the denied applicant against another applicant
 1192  to determine which placement is in the best interests of the
 1193  child.
 1194         3.If the denied applicant establishes by a preponderance
 1195  of the evidence that the department unreasonably withheld its
 1196  consent, the court shall enter an order authorizing the denied
 1197  applicant to file a petition to adopt the child under chapter 63
 1198  without the department’s consent.
 1199         4.If the denied applicant does not prove by a
 1200  preponderance of the evidence that the department unreasonably
 1201  withheld its consent, the court shall enter an order so finding
 1202  and dismiss the motion.
 1203         5.The standing of the denied applicant in the chapter 39
 1204  proceeding is terminated upon entry of the court’s order.
 1205         (b) When a licensed foster parent or court-ordered
 1206  custodian has applied to adopt a child who has resided with the
 1207  foster parent or custodian for at least 6 months and who has
 1208  previously been permanently committed to the legal custody of
 1209  the department and the department does not grant the application
 1210  to adopt, the department may not, in the absence of a prior
 1211  court order authorizing it to do so, remove the child from the
 1212  foster home or custodian, except when:
 1213         1.(a) There is probable cause to believe that the child is
 1214  at imminent risk of abuse or neglect;
 1215         2.(b) Thirty days have expired following written notice to
 1216  the foster parent or custodian of the denial of the application
 1217  to adopt, within which period no formal challenge of the
 1218  department’s decision has been filed; or
 1219         3.(c) The foster parent or custodian agrees to the child’s
 1220  removal; or.
 1221         4.The department has selected another prospective adoptive
 1222  parent to adopt the child and either the foster parent or
 1223  custodian has not filed a motion with the court to allow him or
 1224  her to file a chapter 63 petition to adopt a child without the
 1225  department’s consent, as provided under paragraph (a), or the
 1226  court has denied such a motion.
 1227         (5) The petition for adoption must be filed in the division
 1228  of the circuit court which entered the judgment terminating
 1229  parental rights, unless a motion for change of venue is granted
 1230  under pursuant to s. 47.122. A copy of the consent executed by
 1231  the department must be attached to the petition, unless such
 1232  consent is waived under subsection (4) pursuant to s. 63.062(7).
 1233  The petition must be accompanied by a statement, signed by the
 1234  prospective adoptive parents, acknowledging receipt of all
 1235  information required to be disclosed under s. 63.085 and a form
 1236  provided by the department which details the social and medical
 1237  history of the child and each parent and includes the social
 1238  security number and date of birth for each parent, if such
 1239  information is available or readily obtainable. The prospective
 1240  adoptive parents may not file a petition for adoption until the
 1241  judgment terminating parental rights becomes final. An adoption
 1242  proceeding under this subsection is governed by chapter 63.
 1243         Section 18. Subsection (7) of section 63.062, Florida
 1244  Statutes, is amended to read:
 1245         63.062 Persons required to consent to adoption; affidavit
 1246  of nonpaternity; waiver of venue.—
 1247         (7) If parental rights to the minor have previously been
 1248  terminated, the adoption entity with which the minor has been
 1249  placed for subsequent adoption may provide consent to the
 1250  adoption. In such case, no other consent is required. If the
 1251  minor has been permanently committed to the department for
 1252  subsequent adoption, the department must consent to the adoption
 1253  or, in the alternative, the court order entered under s.
 1254  39.812(4) finding that the department The consent of the
 1255  department shall be waived upon a determination by the court
 1256  that such consent is being unreasonably withheld its consent
 1257  must be attached to the petition to adopt, and if the petitioner
 1258  must file has filed with the court a favorable preliminary
 1259  adoptive home study as required under s. 63.092.
 1260         Section 19. Paragraph (b) of subsection (6) of section
 1261  63.082, Florida Statutes, is amended to read:
 1262         63.082 Execution of consent to adoption or affidavit of
 1263  nonpaternity; family social and medical history; revocation of
 1264  consent.—
 1265         (6)
 1266         (b) Upon execution of the consent of the parent, the
 1267  adoption entity is shall be permitted to intervene in the
 1268  dependency case as a party in interest and must provide the
 1269  court that acquired jurisdiction over the minor, pursuant to the
 1270  shelter order or dependency petition filed by the department, a
 1271  copy of the preliminary home study of the prospective adoptive
 1272  parents and any other evidence of the suitability of the
 1273  placement. The preliminary home study must be maintained with
 1274  strictest confidentiality within the dependency court file and
 1275  the department’s file. A preliminary home study must be provided
 1276  to the court in all cases in which an adoption entity has
 1277  intervened under pursuant to this section. The exemption in s.
 1278  63.092(3) from the home study for a stepparent or relative does
 1279  not apply if a minor is under the supervision of the department
 1280  or is otherwise subject to the jurisdiction of the dependency
 1281  court as a result of the filing of a shelter petition,
 1282  dependency petition, or termination of parental rights petition
 1283  under chapter 39. Unless the court has concerns regarding the
 1284  qualifications of the home study provider, or concerns that the
 1285  home study may not be adequate to determine the best interests
 1286  of the child, the home study provided by the adoption entity is
 1287  shall be deemed to be sufficient and no additional home study
 1288  needs to be performed by the department.
 1289         Section 20. Subsections (8) and (9) of section 402.302,
 1290  Florida Statutes, are amended to read:
 1291         402.302 Definitions.—As used in this chapter, the term:
 1292         (8) “Family day care home” means an occupied primary
 1293  residence leased or owned by the operator in which child care is
 1294  regularly provided for children from at least two unrelated
 1295  families and which receives a payment, fee, or grant for any of
 1296  the children receiving care, whether or not operated for profit.
 1297  Household children under 13 years of age, when on the premises
 1298  of the family day care home or on a field trip with children
 1299  enrolled in child care, are shall be included in the overall
 1300  capacity of the licensed home. A family day care home is shall
 1301  be allowed to provide care for one of the following groups of
 1302  children, which shall include household children under 13 years
 1303  of age:
 1304         (a) A maximum of four children from birth to 12 months of
 1305  age.
 1306         (b) A maximum of three children from birth to 12 months of
 1307  age, and other children, for a maximum total of six children.
 1308         (c) A maximum of six preschool children if all are older
 1309  than 12 months of age.
 1310         (d) A maximum of 10 children if no more than 5 are
 1311  preschool age and, of those 5, no more than 2 are under 12
 1312  months of age.
 1313         (9) “Household children” means children who are related by
 1314  blood, marriage, or legal adoption to, or who are the legal
 1315  wards of, the family day care home operator, the large family
 1316  child care home operator, or an adult household member who
 1317  permanently or temporarily resides in the home. Supervision of
 1318  the operator’s household children shall be left to the
 1319  discretion of the operator unless those children receive
 1320  subsidized child care through the school readiness program under
 1321  pursuant to s. 1002.92 to be in the home.
 1322         Section 21. Paragraph (a) of subsection (7), paragraphs (b)
 1323  and (c) of subsection (9), and subsection (10) of section
 1324  402.305, Florida Statutes, are amended to read:
 1325         402.305 Licensing standards; child care facilities.—
 1326         (7) SANITATION AND SAFETY.—
 1327         (a) Minimum standards shall include requirements for
 1328  sanitary and safety conditions, first aid treatment, emergency
 1329  procedures, and pediatric cardiopulmonary resuscitation. The
 1330  minimum standards shall require that at least one staff person
 1331  trained and certified in cardiopulmonary resuscitation, as
 1332  evidenced by current documentation of course completion, must be
 1333  present at all times that children are present.
 1334         (9) ADMISSIONS AND RECORDKEEPING.—
 1335         (b) At the time of initial enrollment and annually
 1336  thereafter During the months of August and September of each
 1337  year, each child care facility shall provide parents of children
 1338  enrolled in the facility detailed information regarding the
 1339  causes, symptoms, and transmission of the influenza virus in an
 1340  effort to educate those parents regarding the importance of
 1341  immunizing their children against influenza as recommended by
 1342  the Advisory Committee on Immunization Practices of the Centers
 1343  for Disease Control and Prevention.
 1344         (c) At the time of initial enrollment and annually
 1345  thereafter During the months of April and September of each
 1346  year, at a minimum, each facility shall provide parents of
 1347  children enrolled in the facility information regarding the
 1348  potential for a distracted adult to fail to drop off a child at
 1349  the facility and instead leave the child in the adult’s vehicle
 1350  upon arrival at the adult’s destination. The child care facility
 1351  shall also give parents information about resources with
 1352  suggestions to avoid this occurrence. The department shall
 1353  develop a flyer or brochure with this information that shall be
 1354  posted to the department’s website, which child care facilities
 1355  may choose to reproduce and provide to parents to satisfy the
 1356  requirements of this paragraph.
 1357         (10) TRANSPORTATION SAFETY.—
 1358         (a) Minimum standards for child care facilities, family day
 1359  care homes, and large family child care homes shall include all
 1360  of the following:
 1361         1. Requirements for child restraints or seat belts in
 1362  vehicles used by child care facilities and large family child
 1363  care homes to transport children.,
 1364         2. Requirements for annual inspections of such the
 1365  vehicles.,
 1366         3. Limitations on the number of children which may be
 1367  transported in such the vehicles.,
 1368         4. Procedures to ensure that avoid leaving children are not
 1369  inadvertently left in vehicles when transported by a the
 1370  facility or home, and that systems are in place to ensure
 1371  accountability for children transported by such facilities or
 1372  homes the child care facility.
 1373         (b)Before providing transportation services or reinstating
 1374  transportation services after a lapse or discontinuation of
 1375  longer than 30 days, a child care facility, family day care
 1376  home, or large family child care home must be approved by the
 1377  department to transport children. Approval by the department is
 1378  based on the provider’s demonstration of compliance with all
 1379  current rules and standards for transportation.
 1380         (c) A child care facility, family day care home, or large
 1381  family child care home is not responsible for the safe transport
 1382  of children when they are being transported by a parent or
 1383  guardian.
 1384         Section 22. Subsections (14) and (15) of section 402.313,
 1385  Florida Statutes, are amended to read:
 1386         402.313 Family day care homes.—
 1387         (14) At the time of initial enrollment and annually
 1388  thereafter During the months of August and September of each
 1389  year, each family day care home shall provide parents of
 1390  children enrolled in the home detailed information regarding the
 1391  causes, symptoms, and transmission of the influenza virus in an
 1392  effort to educate those parents regarding the importance of
 1393  immunizing their children against influenza as recommended by
 1394  the Advisory Committee on Immunization Practices of the Centers
 1395  for Disease Control and Prevention.
 1396         (15) At the time of initial enrollment and annually
 1397  thereafter During the months of April and September of each
 1398  year, at a minimum, each family day care home shall provide
 1399  parents of children attending the family day care home
 1400  information regarding the potential for a distracted adult to
 1401  fail to drop off a child at the family day care home and instead
 1402  leave the child in the adult’s vehicle upon arrival at the
 1403  adult’s destination. The family day care home shall also give
 1404  parents information about resources with suggestions to avoid
 1405  this occurrence. The department shall develop a flyer or
 1406  brochure with this information that shall be posted to the
 1407  department’s website, which family day care homes may choose to
 1408  reproduce and provide to parents to satisfy the requirements of
 1409  this subsection.
 1410         Section 23. Subsections (8), (9), and (10) of section
 1411  402.3131, Florida Statutes, are amended to read:
 1412         402.3131 Large family child care homes.—
 1413         (8) Before Prior to being licensed by the department, large
 1414  family child care homes must be approved by the state or local
 1415  fire marshal in accordance with standards established for child
 1416  care facilities.
 1417         (9) At the time of initial enrollment and annually
 1418  thereafter During the months of August and September of each
 1419  year, each large family child care home shall provide parents of
 1420  children enrolled in the home detailed information regarding the
 1421  causes, symptoms, and transmission of the influenza virus in an
 1422  effort to educate those parents regarding the importance of
 1423  immunizing their children against influenza as recommended by
 1424  the Advisory Committee on Immunization Practices of the Centers
 1425  for Disease Control and Prevention.
 1426         (10) At the time of initial enrollment and annually
 1427  thereafter During the months of April and September of each
 1428  year, at a minimum, each large family child care home shall
 1429  provide parents of children attending the large family child
 1430  care home information regarding the potential for a distracted
 1431  adult to fail to drop off a child at the large family child care
 1432  home and instead leave the child in the adult’s vehicle upon
 1433  arrival at the adult’s destination. The large family child care
 1434  home shall also give parents information about resources with
 1435  suggestions to avoid this occurrence. The department shall
 1436  develop a flyer or brochure with this information that shall be
 1437  posted to the department’s website, which large family child
 1438  care homes may choose to reproduce and provide to parents to
 1439  satisfy the requirements of this subsection.
 1440         Section 24. Subsection (6) and paragraphs (b) and (e) of
 1441  subsection (7) of section 409.1451, Florida Statutes, are
 1442  amended to read:
 1443         409.1451 The Road-to-Independence Program.—
 1444         (6) ACCOUNTABILITY.—The department shall develop outcome
 1445  measures for the program and other performance measures in order
 1446  to maintain oversight of the program. No later than January 31
 1447  of each year, the department shall prepare a report on the
 1448  outcome measures and the department’s oversight activities and
 1449  submit the report to the President of the Senate, the Speaker of
 1450  the House of Representatives, and the committees with
 1451  jurisdiction over issues relating to children and families in
 1452  the Senate and the House of Representatives. The report must
 1453  include:
 1454         (a)An analysis of performance on the outcome measures
 1455  developed under this section reported for each community-based
 1456  care lead agency and compared with the performance of the
 1457  department on the same measures.
 1458         (b)A description of the department’s oversight of the
 1459  program, including, by lead agency, any programmatic or fiscal
 1460  deficiencies found, corrective actions required, and current
 1461  status of compliance.
 1462         (c)Any rules adopted or proposed under this section since
 1463  the last report. For the purposes of the first report, any rules
 1464  adopted or proposed under this section must be included.
 1465         (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
 1466  secretary shall establish the Independent Living Services
 1467  Advisory Council for the purpose of reviewing and making
 1468  recommendations concerning the implementation and operation of
 1469  the provisions of s. 39.6251 and the Road-to-Independence
 1470  Program. The advisory council shall function as specified in
 1471  this subsection until the Legislature determines that the
 1472  advisory council can no longer provide a valuable contribution
 1473  to the department’s efforts to achieve the goals of the services
 1474  designed to enable a young adult to live independently.
 1475         (b)The advisory council shall report to the secretary on
 1476  the status of the implementation of the Road-to-Independence
 1477  Program, efforts to publicize the availability of the Road-to
 1478  Independence Program, the success of the services, problems
 1479  identified, recommendations for department or legislative
 1480  action, and the department’s implementation of the
 1481  recommendations contained in the Independent Living Services
 1482  Integration Workgroup Report submitted to the appropriate
 1483  substantive committees of the Legislature by December 31, 2013.
 1484  The department shall submit a report by December 31 of each year
 1485  to the Governor, the President of the Senate, and the Speaker of
 1486  the House of Representatives which includes a summary of the
 1487  factors reported on by the council and identifies the
 1488  recommendations of the advisory council and either describes the
 1489  department’s actions to implement the recommendations or
 1490  provides the department’s rationale for not implementing the
 1491  recommendations.
 1492         (e)The advisory council report required under paragraph
 1493  (b) must include an analysis of the system of independent living
 1494  transition services for young adults who reach 18 years of age
 1495  while in foster care before completing high school or its
 1496  equivalent and recommendations for department or legislative
 1497  action. The council shall assess and report on the most
 1498  effective method of assisting these young adults to complete
 1499  high school or its equivalent by examining the practices of
 1500  other states.
 1501         Section 25. Section 742.0211, Florida Statutes, is created
 1502  to read:
 1503         742.0211Proceedings applicable to dependent children.—
 1504         (1)As used in this section, the term “dependent child”
 1505  means a child who is the subject of any proceeding under chapter
 1506  39.
 1507         (2)In addition to the other requirements of this chapter,
 1508  any paternity proceeding filed under this chapter that concerns
 1509  a dependent child must also comply with the requirements of this
 1510  section.
 1511         (3)Notwithstanding s. 742.021(1), a paternity proceeding
 1512  filed under this chapter that concerns a dependent child may be
 1513  filed in the circuit court of the county that is exercising
 1514  jurisdiction over the chapter 39 proceeding, even if the
 1515  plaintiff or defendant do not reside in that county.
 1516         (4)The court having jurisdiction over the dependency
 1517  matter may conduct any paternity proceeding filed under this
 1518  chapter either as part of the chapter 39 proceeding or as a
 1519  separate action under this chapter.
 1520         (5)A person does not have standing to file a complaint
 1521  under this chapter after the entry of a judgment terminating the
 1522  parental rights of the legal father, as defined in s. 39.01, for
 1523  the dependent child in the chapter 39 proceeding.
 1524         (6)The court must hold a hearing on the complaint
 1525  concerning a dependent child as required under s. 742.031 within
 1526  30 days after the complaint is filed.
 1527         (7)(a)If the dependent child has a legal father, as
 1528  defined in s. 39.01, and a different man, who has reason to
 1529  believe that he is the father of the dependent child, has filed
 1530  a complaint to establish paternity under this chapter and
 1531  disestablish the paternity of the legal father, the alleged
 1532  father must prove at the hearing held under s. 742.031 that:
 1533         1.He has acted with diligence in seeking the establishment
 1534  of paternity.
 1535         2.He is the father of the dependent child.
 1536         3.He has manifested a substantial and continuing concern
 1537  for the welfare of the dependent child.
 1538         (b)If the alleged father establishes the facts under
 1539  paragraph (a), he must then prove by clear and convincing
 1540  evidence that there is a clear and compelling reason to
 1541  disestablish the legal father’s paternity and instead establish
 1542  paternity with him by considering the best interest of the
 1543  dependent child.
 1544         (c)There is a rebuttable presumption that it is not in the
 1545  dependent child’s best interest to disestablish the legal
 1546  father’s paternity if:
 1547         1.The dependent child has been the subject of a chapter 39
 1548  proceeding for 12 months or more before the alleged father files
 1549  a complaint under this chapter.
 1550         2.The alleged father does not pass a preliminary home
 1551  study as required under s. 63.092 to be a placement for the
 1552  dependent child.
 1553         (8)The court must enter a written order on the paternity
 1554  complaint within 30 days after the conclusion of the hearing.
 1555         (9)If the court enters an order disestablishing the
 1556  paternity of the legal father and establishing the paternity of
 1557  the alleged father, then that person shall be considered a
 1558  parent, as defined in s. 39.01, for all purposes of the chapter
 1559  39 proceeding.
 1560         Section 26. This act shall take effect October 1, 2020.