Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1920
       
       
       
       
       
       
                                Ì833736;Î833736                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/08/2021           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice (Book)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 104 - 570
    4  and insert:
    5  Representation to provide direct representation, any private
    6  court-appointed counsel who is compensated pursuant to s.
    7  27.5305, any privately retained counsel or pro bono counsel, or
    8  any other attorney who is appointed to represent the child under
    9  this chapter.
   10         (11)(10) “Caregiver” means the parent, legal custodian,
   11  permanent guardian, adult household member, or other person
   12  responsible for a child’s welfare as defined in subsection (55)
   13  (54).
   14         (38)(37) “Institutional child abuse or neglect” means
   15  situations of known or suspected child abuse or neglect in which
   16  the person allegedly perpetrating the child abuse or neglect is
   17  an employee of a public or private school, public or private day
   18  care center, residential home, institution, facility, or agency
   19  or any other person at such institution responsible for the
   20  child’s welfare as defined in subsection (55) (54).
   21         Section 2. Subsection (13) is added to section 39.013,
   22  Florida Statutes, to read:
   23         39.013 Procedures and jurisdiction; right to counsel.—
   24         (13) The court shall appoint an attorney for the child
   25  pursuant to s. 39.831.
   26         Section 3. Subsections (4) and (5) of section 39.01305,
   27  Florida Statutes, are amended to read:
   28         39.01305 Appointment of an attorney for a dependent child
   29  with certain special needs.—
   30         (4)(a)An attorney for the child appointed under this
   31  section shall be made in accordance with s. 39.831 Before a
   32  court may appoint an attorney, who may be compensated pursuant
   33  to this section, the court must request a recommendation from
   34  the Statewide Guardian Ad Litem Office for an attorney who is
   35  willing to represent a child without additional compensation. If
   36  such an attorney is available within 15 days after the court’s
   37  request, the court must appoint that attorney. However, the
   38  court may appoint a compensated attorney within the 15-day
   39  period if the Statewide Guardian Ad Litem Office informs the
   40  court that it will not be able to recommend an attorney within
   41  that time period.
   42         (b) After an attorney is appointed, the appointment
   43  continues in effect until the attorney is allowed to withdraw or
   44  is discharged by the court or until the case is dismissed. An
   45  attorney who is appointed under this section to represent the
   46  child shall provide the complete range of legal services, from
   47  the removal from home or from the initial appointment through
   48  all available appellate proceedings. With the permission of the
   49  court, the attorney for the dependent child may arrange for
   50  supplemental or separate counsel to represent the child in
   51  appellate proceedings. A court order appointing an attorney
   52  under this section must be in writing.
   53         (5) Unless the attorney has agreed to provide pro bono
   54  services, an appointed attorney or organization must be
   55  adequately compensated. All appointed attorneys and
   56  organizations, including pro bono attorneys, must be provided
   57  with access to funding for expert witnesses, depositions, and
   58  other due process costs of litigation. Payment of attorney fees
   59  and case-related due process costs are subject to appropriations
   60  and review by the Justice Administrative Commission for
   61  reasonableness. The Justice Administrative Commission shall
   62  contract with attorneys appointed by the court. Attorney fees
   63  may not exceed $1,000 per child per year.
   64         Section 4. Part XI of chapter 39, Florida Statutes,
   65  entitled “GUARDIANS AD LITEM AND GUARDIAN ADVOCATES,” is renamed
   66  GUARDIANS AD LITEM, GUARDIAN ADVOCATES, AND ATTORNEY FOR THE
   67  CHILD.
   68         Section 5. Section 39.822, Florida Statutes, is amended to
   69  read:
   70         39.822 Appointment of guardian ad litem for abused,
   71  abandoned, or neglected child.—
   72         (1)(a)Before July 1, 2022, a guardian ad litem must shall
   73  be appointed by the court at the earliest possible time to
   74  represent a the child in any child abuse, abandonment, or
   75  neglect judicial proceeding, whether civil or criminal.
   76         (b) On or after July 1, 2022, a guardian ad litem:
   77         1. Must be appointed by the court at the earliest possible
   78  time to represent a child under the following circumstances:
   79         a.The child remains in his or her home or nonlicensed
   80  placement under the protective supervision of the department;
   81         b. The child is the subject of a dependency proceeding
   82  under this chapter and the subject of a criminal proceeding;
   83         c. The child is the subject of a termination of parental
   84  rights proceeding under part X of this chapter; or
   85         d. The child is a dependent child as described in s.
   86  39.01305(3).
   87         2. May be appointed at the court’s discretion upon a
   88  finding that circumstances exist which require the appointment.
   89         (2)If a child who is appointed a guardian ad litem when
   90  placed under the protective supervision of the department as
   91  required under subparagraph (1)(b) is subsequently appointed an
   92  attorney for the child pursuant to s. 39.831, the court has the
   93  discretion to maintain the appointment of the guardian ad litem
   94  notwithstanding the appointment of an attorney for the child.
   95         (3)Upon request by a child who is the subject of a
   96  dependency proceeding under this chapter and who has a guardian
   97  ad litem assigned, or upon any party presenting evidence that
   98  there is reasonable cause to suspect the assigned guardian ad
   99  litem has a conflict of interest as defined in s.
  100  39.8296(2)(b)9., the court may:
  101         (a) Order that a new guardian ad litem be assigned; or
  102         (b) Unless otherwise provided by law, discharge the child’s
  103  current guardian ad litem and appoint an attorney for the child
  104  if one is not appointed.
  105         (4) Any person participating in a civil or criminal
  106  judicial proceeding resulting from such appointment shall be
  107  presumed prima facie to be acting in good faith and in so doing
  108  shall be immune from any liability, civil or criminal, that
  109  otherwise might be incurred or imposed.
  110         (5)(2) In those cases in which the parents are financially
  111  able, the parent or parents of the child shall reimburse the
  112  court, in part or in whole, for the cost of provision of
  113  guardian ad litem services. Reimbursement to the individual
  114  providing guardian ad litem services may shall not be contingent
  115  upon successful collection by the court from the parent or
  116  parents.
  117         (6)(3) Upon presentation by a guardian ad litem of a court
  118  order appointing the guardian ad litem:
  119         (a) An agency, as defined in chapter 119, shall allow the
  120  guardian ad litem to inspect and copy records related to the
  121  best interests of the child who is the subject of the
  122  appointment, including, but not limited to, records made
  123  confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of
  124  the State Constitution. The guardian ad litem shall maintain the
  125  confidential or exempt status of any records shared by an agency
  126  under this paragraph.
  127         (b) A person or organization, other than an agency under
  128  paragraph (a), shall allow the guardian ad litem to inspect and
  129  copy any records related to the best interests of the child who
  130  is the subject of the appointment, including, but not limited
  131  to, confidential records.
  132  
  133  For the purposes of this subsection, the term “records related
  134  to the best interests of the child” includes, but is not limited
  135  to, medical, mental health, substance abuse, child care,
  136  education, law enforcement, court, social services, and
  137  financial records.
  138         (7)(4) The guardian ad litem or the program representative
  139  shall review all disposition recommendations and changes in
  140  placements, and must be present at all critical stages of the
  141  dependency proceeding or submit a written report of
  142  recommendations to the court. Written reports must be filed with
  143  the court and served on all parties whose whereabouts are known
  144  at least 72 hours before prior to the hearing.
  145         Section 6. Subsection (2) of section 39.8296, Florida
  146  Statutes, is amended to read:
  147         39.8296 Statewide Guardian Ad Litem Office; legislative
  148  findings and intent; creation; appointment of executive
  149  director; duties of office.—
  150         (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
  151  Statewide Guardian Ad Litem Office within the Justice
  152  Administrative Commission. The Justice Administrative Commission
  153  shall provide administrative support and service to the office
  154  to the extent requested by the executive director within the
  155  available resources of the commission. The Statewide Guardian Ad
  156  Litem Office is not subject to control, supervision, or
  157  direction by the Justice Administrative Commission in the
  158  performance of its duties, but the employees of the office are
  159  governed by the classification plan and salary and benefits plan
  160  approved by the Justice Administrative Commission.
  161         (a) The head of the Statewide Guardian Ad Litem Office is
  162  the executive director, who shall be appointed by the Governor
  163  from a list of a minimum of three eligible applicants submitted
  164  by the Child Well-Being a Guardian Ad Litem Qualifications
  165  Committee. The Child Well-Being Guardian Ad Litem Qualifications
  166  Committee shall be composed of five persons, two persons
  167  appointed by the Governor, two persons appointed by the Chief
  168  Justice of the Supreme Court, and one person appointed by the
  169  Statewide Guardian Ad Litem Association. The committee shall
  170  provide for statewide advertisement and the receiving of
  171  applications for the position of executive director. The
  172  Governor shall appoint an executive director from among the
  173  recommendations, or the Governor may reject the nominations and
  174  request the submission of new nominees. The executive director
  175  must have knowledge in dependency law and knowledge of social
  176  service delivery systems available to meet the needs of children
  177  who are abused, neglected, or abandoned. The executive director
  178  shall serve on a full-time basis and shall personally, or
  179  through representatives of the office, carry out the purposes
  180  and functions of the Statewide Guardian Ad Litem Office in
  181  accordance with state and federal law. The executive director
  182  shall report to the Governor. The executive director shall serve
  183  a 3-year term, subject to removal for cause by the Governor. Any
  184  person appointed to serve as the executive director may be
  185  reappointed permitted to serve more than one term in accordance
  186  with the process provided for in this paragraph. Every second or
  187  subsequent appointment shall be for a term of 3 years.
  188         (b) The Statewide Guardian Ad Litem Office shall, within
  189  available resources, have oversight responsibilities for and
  190  provide technical assistance to all guardian ad litem and
  191  attorney ad litem programs located within the judicial circuits.
  192         1. The office shall identify the resources required to
  193  implement methods of collecting, reporting, and tracking
  194  reliable and consistent case data.
  195         2. The office shall review the current guardian ad litem
  196  programs in Florida and other states.
  197         3. The office, in consultation with local guardian ad litem
  198  offices, shall develop statewide performance measures and
  199  standards.
  200         4. The office shall develop a guardian ad litem training
  201  program, which shall include, but is not limited to, training on
  202  the recognition of and responses to head trauma and brain injury
  203  in a child under 6 years of age. The office shall establish a
  204  curriculum committee to develop the training program specified
  205  in this subparagraph. The curriculum committee shall include,
  206  but not be limited to, dependency judges, directors of circuit
  207  guardian ad litem programs, active certified guardians ad litem,
  208  a mental health professional who specializes in the treatment of
  209  children, a member of a child advocacy group, a representative
  210  of a domestic violence advocacy group, an individual with a
  211  degree in social work, and a social worker experienced in
  212  working with victims and perpetrators of child abuse.
  213         5. The office shall review the various methods of funding
  214  guardian ad litem programs, maximize the use of those funding
  215  sources to the extent possible, and review the kinds of services
  216  being provided by circuit guardian ad litem programs.
  217         6. The office shall determine the feasibility or
  218  desirability of new concepts of organization, administration,
  219  financing, or service delivery designed to preserve the civil
  220  and constitutional rights and fulfill other needs of dependent
  221  children.
  222         7. In an effort to promote normalcy and establish trust
  223  between a court-appointed volunteer guardian ad litem and a
  224  child alleged to be abused, abandoned, or neglected under this
  225  chapter, a guardian ad litem may transport a child. However, a
  226  guardian ad litem volunteer may not be required or directed by
  227  the program or a court to transport a child.
  228         8. The office shall submit to the Governor, the President
  229  of the Senate, the Speaker of the House of Representatives, and
  230  the Chief Justice of the Supreme Court an interim report
  231  describing the progress of the office in meeting the goals as
  232  described in this section. The office shall submit to the
  233  Governor, the President of the Senate, the Speaker of the House
  234  of Representatives, and the Chief Justice of the Supreme Court a
  235  proposed plan including alternatives for meeting the state’s
  236  guardian ad litem and attorney ad litem needs. This plan may
  237  include recommendations for less than the entire state, may
  238  include a phase-in system, and shall include estimates of the
  239  cost of each of the alternatives. Each year the office shall
  240  provide a status report and provide further recommendations to
  241  address the need for guardian ad litem services and related
  242  issues.
  243         9.The office shall develop guidelines to identify any
  244  possible conflicts of interest of a guardian ad litem when he or
  245  she is being considered for assignment to a child’s case. The
  246  office may not assign a guardian ad litem for whom a conflict of
  247  interest has been identified to a child’s case. For purposes of
  248  this subparagraph, the term “conflicts of interest” means the
  249  guardian ad litem:
  250         a. Has a personal relationship that could influence a
  251  recommendation regarding a child whom he or she is serving as a
  252  guardian ad litem;
  253         b. Is in a position to derive a personal benefit from his
  254  or her role as a guardian ad litem; or
  255         c. Has a particular factor or circumstance, including
  256  personal bias or prejudice against a protected class of the
  257  child or the child’s family, that prevents or substantially
  258  impairs his or her ability to fairly and fully discharge the
  259  duties of the guardian ad litem.
  260         (c) The Statewide Guardian Ad Litem Office shall identify
  261  any guardian ad litem who is experiencing an issue with his or
  262  her physical or mental health and who appears to present a
  263  danger to any child to whom the guardian ad litem is assigned.
  264  As soon as possible after identification, the office must remove
  265  such guardian ad litem from all assigned cases, terminate his or
  266  her direct child contact volunteer services with the Guardian Ad
  267  Litem Program, and disclose such action to the appropriate
  268  circuit court. The Statewide Guardian Ad Litem Program may
  269  permit a guardian ad litem with physical or mental health issues
  270  identified in accordance with this paragraph to work in the
  271  office without direct child contact provided such issues do not
  272  negatively affect his or her ability to perform any required
  273  work duties or pose a risk of harm to any children represented
  274  by the program. A guardian ad litem who has caused harm to any
  275  child during the course of his or her appointment shall not be
  276  employed or permitted to volunteer for the program.
  277         Section 7. Section 39.83, Florida Statutes, is created to
  278  read:
  279         39.83 Statewide Office of Child Representation;
  280  qualifications, appointment, and duties of executive director
  281  and attorney for the child.—
  282         (1)STATEWIDE OFFICE OF CHILD REPRESENTATION.—
  283         (a)There is created a Statewide Office of Child
  284  Representation within the Justice Administrative Commission. The
  285  Justice Administrative Commission shall provide administrative
  286  support and services to the statewide office as directed by the
  287  executive director within the available resources of the
  288  commission. The statewide office is not subject to control,
  289  supervision, or direction by the Justice Administrative
  290  Commission in the performance of its duties, but the employees
  291  of the office are governed by the classification plan and salary
  292  and benefits plan approved by the Justice Administrative
  293  Commission.
  294         (b)The head of the Statewide Office of Child
  295  Representation is the executive director who must be a member of
  296  The Florida Bar in good standing for at least 5 years and have
  297  knowledge of dependency law and the social service delivery
  298  systems available to meet the needs of children who are abused,
  299  neglected, or abandoned. The executive director shall be
  300  appointed in accordance with the process, and serve in
  301  accordance with the terms and requirements, provided in s.
  302  39.8296(2)(a) for the head of the Statewide Guardian Ad Litem
  303  Office. The appointment for the initial executive director must
  304  be completed by January 1, 2022.
  305         (c)The Statewide Office of Child Representation, within
  306  available resources of the Justice Administrative Commission, is
  307  responsible for oversight of, and for providing technical
  308  assistance to, all offices of child representation in this
  309  state. The statewide office:
  310         1. Shall identify the resources required to implement
  311  methods of collecting, reporting, and tracking reliable and
  312  consistent case data;
  313         2. Shall review and collect information relating to offices
  314  of child representation and other models of attorney
  315  representation of children in other states;
  316         3. In consultation with the regional offices of child
  317  representation established under subsection (2), shall develop
  318  statewide performance measures and standards;
  319         4. Shall develop a training program for each attorney for
  320  the child. To that end, the statewide office shall establish a
  321  curriculum committee composed of members including, but not
  322  limited to, a dependency judge, a director of circuit guardian
  323  ad litem programs, an active certified guardian ad litem, a
  324  mental health professional who specializes in the treatment of
  325  children, a member of a child advocacy group, a representative
  326  of a domestic violence advocacy group, an individual with at
  327  least a Master of Social Work degree, and a social worker
  328  experienced in working with victims and perpetrators of child
  329  abuse;
  330         5. Shall develop protocols that must be implemented to
  331  assist children who are represented by the Statewide Office of
  332  Child Representation, regional offices, or its contracted local
  333  agencies in meeting eligibility requirements to receive all
  334  available federal funding. This subparagraph may not be
  335  construed to mean that the protocols may interfere with zealous
  336  and effective representation of the children;
  337         6. Shall review the various methods of funding the regional
  338  offices, maximize the use of those funding sources to the extent
  339  possible, and review the kinds of services being provided by the
  340  regional offices;
  341         7. Shall determine the feasibility or desirability of new
  342  concepts of organization, administration, financing, or service
  343  delivery designed to preserve the civil and constitutional
  344  rights of, and fulfill other needs of, dependent children;
  345         8.Shall establish standards and protocols for
  346  representation of children with diminished capacity;
  347         9. Shall submit to the Governor, the President of the
  348  Senate, the Speaker of the House of Representatives, and the
  349  Chief Justice of the Supreme Court:
  350         a. An interim report describing the progress of the
  351  statewide office in meeting the responsibilities described in
  352  this paragraph.
  353         b.A proposed plan that includes alternatives for meeting
  354  the representation needs of children in this state. The plan may
  355  include recommendations for implementation in only a portion of
  356  this state or phased-in statewide implementation and must
  357  include an estimate of the cost of each such alternative.
  358         c.An annual status report that includes any additional
  359  recommendations for addressing the representation needs of
  360  children in this state and related issues.
  361         (d)The department or community-based care lead agency
  362  shall take any steps necessary to obtain all available federal
  363  funding and maintain compliance with eligibility requirements.
  364         (e)The office may contract with a local nonprofit agency
  365  to provide direct attorney representation to a child, including
  366  but not limited to representation in the dependency proceeding
  367  as provided for in s. 39.831, if the office determines that the
  368  contract is the most efficient method to satisfy its statutory
  369  duties and if federal funding has been approved for this purpose
  370  or the local agency is required in the contract to seek such
  371  approval. The office must ensure that reimbursement of any Title
  372  IV-E funds is properly documented.
  373         (2)REGIONAL OFFICES OF CHILD REPRESENTATION.—
  374         (a)An office of child representation is created within the
  375  area served by each of the five district courts of appeal. The
  376  offices shall commence fulfilling their statutory purpose and
  377  duties on July 1, 2022.
  378         (b) Each regional office of child representation is
  379  assigned to the Justice Administrative Commission for
  380  administrative purposes. The commission shall provide
  381  administrative support and service to the offices within the
  382  available resources of the commission. The offices are not
  383  subject to control, supervision, or direction by the commission
  384  in the performance of their duties, but the employees of the
  385  offices are governed by the classification plan and the salary
  386  and benefits plan approved by the commission.
  387         (3)CHILD REPRESENTATION COUNSEL; DUTIES.—The child
  388  representation counsel shall serve on a full-time basis and may
  389  not engage in the private practice of law while holding office.
  390  Each assistant child representation counsel shall give priority
  391  and preference to his or her duties as assistant child
  392  representation counsel and may not otherwise engage in the
  393  practice of dependency law. However, a part-time child
  394  representation counsel may practice dependency law for private
  395  payment so long as the representation does not result in a legal
  396  or ethical conflict of interest with a case in which the office
  397  of child representation is providing representation.
  398         Section 8. Section 39.831, Florida Statutes, is created to
  399  read:
  400         39.831Attorney for the child.
  401         (1)APPOINTMENT.—
  402         (a) An attorney for the child:
  403         1. Shall be appointed by the court as provided in s.
  404  39.01305(3);
  405         2. Shall be appointed by the court for any child who is
  406  placed in out-of-home licensed care on or after July 1, 2022,
  407  and who is the subject of a dependency proceeding under this
  408  chapter; or
  409         3. May be appointed at the court’s discretion to represent
  410  a child who is the subject of a dependency proceeding upon a
  411  finding that circumstances exist which require the appointment.
  412         (b) The court shall appoint the Statewide Office of Child
  413  Representation unless the child is otherwise represented by
  414  counsel.
  415         (c)An attorney for the child appointed pursuant to this
  416  section shall represent the child only in the dependency
  417  proceeding, which may include representation in fair hearings
  418  and appellate proceedings that are directly related to matters
  419  needing resolution for the child to achieve permanency. The
  420  Statewide Office of Child Representation or local nonprofit
  421  agency appointed to represent a child in the dependency
  422  proceeding shall provide representation in fair hearings within
  423  the resources allotted for representation in the dependency
  424  proceeding. Trained staff of the office of child representation
  425  or local nonprofit agency may attend the fair hearings rather
  426  than the appointed attorney when appropriate. Trained staff for
  427  purposes of this paragraph may include, but is not limited to,
  428  social workers, case managers, education advocates, or health
  429  care advocates.
  430         (d) Notwithstanding the basis on which an attorney for the
  431  child is appointed under paragraph (a), the appointment of the
  432  attorney for the child continues in effect until the attorney
  433  for the child is allowed to withdraw or is discharged by the
  434  court or until the case is dismissed. An attorney for the child
  435  who is appointed under this section to represent a child shall
  436  provide all required legal services in the dependency proceeding
  437  or fair hearings provided for in this section from the time of
  438  the child’s removal from home or of the attorney for the child’s
  439  initial appointment through all appellate proceedings. With the
  440  permission of the court, the appointed attorney for the child
  441  may arrange for supplemental or separate counsel to represent
  442  the child in appellate proceedings. A court order appointing an
  443  attorney for the child under this section must be in writing.
  444         (e) If, at any time during the representation of two or
  445  more children in a dependency proceeding, a child representation
  446  counsel determines that the interests of those clients are so
  447  adverse or hostile that they cannot all be counseled by child
  448  representation counsel or his or her staff because of a conflict
  449  of interest, the child representation counsel shall file a
  450  motion to withdraw and move the court to appoint other counsel.
  451  Child representation counsel shall not automatically determine
  452  the appointment to represent siblings is a conflict of interest.
  453  If requested by the Justice Administrative Commission, the child
  454  representation counsel shall submit a copy of the motion to the
  455  Justice Administrative Commission at the time it is filed with
  456  the court. The court shall review and may inquire or conduct a
  457  hearing into the adequacy of the child representation counsel’s
  458  submissions regarding a conflict of interest without requiring
  459  the disclosure of any confidential communications. The court
  460  shall deny the motion to withdraw if the court finds the grounds
  461  for withdrawal are insufficient or the asserted conflict is not
  462  prejudicial to the client. If the court grants the motion to
  463  withdraw, the court shall appoint one or more private attorneys
  464  to represent the person in accordance with the requirements and
  465  process provided for in s. 27.40. The clerk of court shall
  466  inform the child representation counsel and the commission when
  467  the court appoints private counsel.
  468         (f) Unless the attorney has agreed to provide pro bono
  469  services, an appointed attorney or organization must be
  470  adequately compensated as provided in s. 27.5305. All appointed
  471  attorneys and organizations, including pro bono attorneys, must
  472  be provided with access to funding for expert witnesses,
  473  depositions, and other due process costs of litigation. Payment
  474  of attorney fees and case-related due process costs are subject
  475  to appropriations and review by the Justice Administrative
  476  Commission for reasonableness. The Justice Administrative
  477  Commission shall contract with attorneys appointed by the court.
  478  Attorney fees may not exceed $1,000 per child per year.
  479         (g) In cases in which one or both parents are financially
  480  able, the parent or parents, as applicable, of the child shall
  481  reimburse the court, in whole or in part, for the cost of
  482  services provided under this section; however, reimbursement for
  483  services provided by the attorney for the child may not be
  484  contingent upon successful collection by the court of
  485  reimbursement from the parent or parents.
  486  
  487  ================= T I T L E  A M E N D M E N T ================
  488  And the title is amended as follows:
  489         Delete lines 7 - 74
  490  and insert:
  491         advocates, and attorney for the child”; amending s.
  492         39.822, F.S.; conforming provisions to changes made by
  493         the act; specifying circumstances under which a court
  494         is authorized or required, on or after a specified
  495         date, to appoint a guardian ad litem; permitting the
  496         court to maintain the appointment of a guardian ad
  497         litem in specified circumstances; authorizing the
  498         court to order that a new guardian ad litem be
  499         assigned for a child or discharge a guardian ad litem
  500         and appoint an attorney for the child under specified
  501         circumstances; amending s. 39.8296, F.S.; renaming the
  502         Guardian Ad Litem Qualifications Committee as the
  503         Child Well-Being Qualifications Committee; specifying
  504         that the executive director of the Statewide Guardian
  505         Ad Litem Office may be reappointed; clarifying that
  506         second and subsequent appointments made for the
  507         executive director of the office are for 3 years;
  508         requiring the office to develop guidelines to identify
  509         conflicts of interest of guardians ad litem;
  510         prohibiting the office from assigning such guardians;
  511         defining the term “conflicts of interest”; requiring
  512         the office to identify guardians ad litem who are
  513         experiencing health issues and who present a danger to
  514         the child to whom the guardian ad litem is assigned;
  515         requiring the office to remove such guardians from
  516         assigned cases, terminate their volunteer services in
  517         specified circumstances, and disclose such actions to
  518         the circuit court; creating s. 39.83, F.S.; creating
  519         the Statewide Office of Child Representation within
  520         the Justice Administration Commission; requiring the
  521         commission to provide administrative support and
  522         services to the statewide office; providing that the
  523         statewide office is not subject to control,
  524         supervision, or direction by the commission; providing
  525         that employees of the statewide office are governed by
  526         the classification plan and salary and benefits plan
  527         approved by the commission; providing that the head of
  528         the statewide office is the executive director;
  529         providing the process for appointment; requiring that
  530         the initial executive director be appointed by a
  531         specified date; providing responsibilities of the
  532         office; authorizing the office to contract with local
  533         nonprofit agencies under certain conditions; creating
  534         a regional office of child representation within the
  535         boundaries of each of the five district courts of
  536         appeal; requiring such offices to commence fulfilling
  537         their purpose and duties on a specified date;
  538         requiring the commission to provide administrative
  539         support to the regional offices; providing that the
  540         offices are not subject to control, supervision, or
  541         direction by the commission; providing that employees
  542         of the offices are governed by the classification plan
  543         and salary and benefits plan for the commission;
  544         prescribing qualifications for an attorney for the
  545         child; providing certain prohibitions; creating s.
  546         39.831, F.S.; specifying when the court is authorized
  547         or required to appoint an attorney for the child;
  548         requiring the court to appoint the Statewide Office of
  549         Child Representation; providing for the scope of
  550         representation for court-appointed counsel; limiting
  551         resources to be allocated; providing staff may attend
  552         fair hearings; providing for the duration of attorney
  553         representation; permitting attorney for the child to
  554         arrange for supplemental or substitute counsel in
  555         specified circumstances; providing for the appointment
  556         of private counsel when the office has a conflict of
  557         interest; requiring an attorney for the child to be
  558         compensated and have access to funding for expenses
  559         with specified conditions; providing conditions under
  560         which a parent is required to reimburse the court for
  561         the cost of the attorney; requiring