Florida Senate - 2016              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1212
       
       
       
       
       
                               Ì723066+Î723066                          
       
       576-03710-16                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    1                        A bill to be entitled                      
    2         An act relating to attorneys for dependent children;
    3         amending s. 39.01305, F.S.; revising requirements for
    4         a dependent child to be appointed an attorney;
    5         requiring that a court appoint an attorney for certain
    6         dependent children; requiring that the court appoint
    7         substitute counsel if an attorney withdraws or is
    8         discharged by the court; providing that all appointed
    9         attorneys and organizations are entitled to funding
   10         for litigation costs; requiring appointed attorneys to
   11         quarterly report certain information to the Quality
   12         Counsel Program; requiring the Justice Administrative
   13         Commission to prescribe the form of the report;
   14         creating s. 27.406, F.S.; requiring the Justice
   15         Administrative Commission to contract with a nonprofit
   16         entity to establish the Quality Counsel Program;
   17         requiring a quality improvement program; requiring an
   18         annual report; requiring the Quality Counsel Program
   19         to be established and fully operational by a specified
   20         date; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 39.01305, Florida Statutes, is amended
   25  to read:
   26         39.01305 Appointment of an attorney for a dependent child
   27  with certain special needs.—
   28         (1)(a) The Legislature finds that:
   29         1. All children in proceedings under this chapter have
   30  important interests at stake, such as health, safety, and well
   31  being and the need to obtain permanency.
   32         2. A dependent child who has certain special needs has a
   33  particular need for an attorney to represent the dependent child
   34  in proceedings under this chapter, as well as in fair hearings
   35  and appellate proceedings, so that the attorney may address the
   36  child’s medical and related needs and the services and supports
   37  necessary for the child to live successfully in the community.
   38         (b) The Legislature recognizes the existence of
   39  organizations that provide attorney representation to children
   40  in certain jurisdictions throughout the state. Further, the
   41  statewide Guardian Ad Litem Program provides best interest
   42  representation for dependent children in every jurisdiction in
   43  accordance with state and federal law. The Legislature,
   44  therefore, does not intend that funding provided for
   45  representation under this section supplant proven and existing
   46  organizations representing children. Instead, the Legislature
   47  intends that funding provided for representation under this
   48  section be an additional resource for the representation of more
   49  children in these jurisdictions, to the extent necessary to meet
   50  the requirements of this chapter, with the cooperation of
   51  existing local organizations or through the expansion of those
   52  organizations. The Legislature encourages the expansion of pro
   53  bono representation for children. This section is not intended
   54  to limit the ability of a pro bono attorney to appear on behalf
   55  of a child.
   56         (2) As used in this section, the term “dependent child”
   57  means a child who is subject to any proceeding under this
   58  chapter. The term does not require that a child be adjudicated
   59  dependent for purposes of this section.
   60         (3) An attorney shall be appointed for a dependent child
   61  who:
   62         (a) Who resides in a skilled nursing facility or is being
   63  considered for placement in a skilled nursing home;
   64         (b) Who is prescribed a psychotropic medication and is
   65  under the age of 8 or who but declines assent to the
   66  psychotropic medication;
   67         (c) Who has a diagnosis of a developmental disability as
   68  defined in s. 393.063;
   69         (d) Who is being placed in a residential treatment center
   70  or is being considered for placement in a residential treatment
   71  center; or
   72         (e) Who is a victim of human trafficking as defined in s.
   73  787.06(2)(d); or
   74         (f)If the statewide Guardian Ad Litem Program certifies
   75  that it has a conflict of interest that precludes the program
   76  from providing the child with a guardian ad litem.
   77         (4)(a) Before a court may appoint an attorney, who may be
   78  compensated pursuant to this section, the court must request a
   79  recommendation from the Statewide Guardian Ad Litem Office for
   80  an attorney who is willing to represent a child without
   81  additional compensation. If such an attorney is available within
   82  15 days after the court’s request, the court must appoint that
   83  attorney. However, the court may appoint a compensated attorney
   84  within the 15-day period if the Statewide Guardian Ad Litem
   85  Office informs the court that it will not be able to recommend
   86  an attorney within that time period.
   87         (5)(b) After an attorney is appointed, the appointment
   88  continues in effect until the attorney is allowed to withdraw,
   89  the attorney or is discharged by the court, or until the case is
   90  dismissed. If an attorney withdraws or is discharged, substitute
   91  counsel shall be appointed by the court. An attorney who is
   92  appointed under this section to represent the child shall
   93  provide the complete range of legal services, from the removal
   94  from home or from the initial appointment through all available
   95  appellate proceedings. With the permission of the court, the
   96  attorney for the dependent child may arrange for supplemental or
   97  separate counsel to represent the child in appellate
   98  proceedings. A court order appointing an attorney under this
   99  section must be in writing.
  100         (6)(5)Unless Except if the attorney has agreed to provide
  101  pro bono services, an appointed attorney or organization must be
  102  adequately compensated. All appointed attorneys and
  103  organizations must be and provided with access to funding for
  104  expert witnesses, depositions, and other costs of litigation.
  105  Payment to an attorney is subject to appropriations and subject
  106  to review by the Justice Administrative Commission for
  107  reasonableness. The Justice Administrative Commission shall
  108  contract with attorneys appointed by the court. Attorney fees
  109  may not exceed $1,000 per child per year.
  110         (7)Appointed attorneys shall, on a quarterly basis, report
  111  to the Quality Counsel Program pursuant to s. 27.406 on the
  112  activities performed and results obtained on behalf of each
  113  dependent child to the extent that such information does not
  114  violate any applicable privilege. The form of the report shall
  115  be prescribed by the Justice Administrative Commission.
  116         (8)(6) The department shall develop procedures to identify
  117  a dependent child who has a special need specified under
  118  subsection (3) and to request that a court appoint an attorney
  119  for the child.
  120         (9)(7) The department may adopt rules to administer this
  121  section.
  122         (10)(8) This section does not limit the authority of the
  123  court to appoint an attorney for a dependent child in a
  124  proceeding under this chapter.
  125         (11)(9) Implementation of this section is subject to
  126  appropriations expressly made for that purpose.
  127         Section 2. Section 27.406, Florida Statutes, is created to
  128  read:
  129         27.406Quality Counsel Program.—
  130         (1)To ensure that dependent children receive quality
  131  representation under chapter 39, the Justice Administrative
  132  Commission shall contract with a nonprofit entity to establish
  133  the Quality Counsel Program.
  134         (2)The Quality Counsel Program must, at a minimum:
  135         (a)Create a quality improvement program using the
  136  information provided by appointed attorneys under s. 39.01305,
  137  including a review and analysis of the attorney’s advocacy.
  138         (b)Annually report to the Governor, the President of the
  139  Senate, the Speaker of the House of Representatives, the Justice
  140  Administrative Commission, the statewide Guardian Ad Litem
  141  Program, and the Office of the State Courts Administrator on the
  142  information provided by appointed attorneys under s. 39.01305,
  143  the results obtained on behalf of each dependent child, and
  144  recommendations to enhance the quality of dependent children’s
  145  representation.
  146         Section 3. The establishment of the Quality Counsel Program
  147  pursuant to s. 27.406, Florida Statutes, as created by this act,
  148  must be complete and the program must be fully operational by
  149  June 30, 2018.
  150         Section 4. This act shall take effect July 1, 2016.