Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 1121
       
       
       
       
       
       
                                Ì969500ÄÎ969500                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: AE/2R          .         Floor: SENA1/C         
             05/03/2017 02:08 PM       .      05/05/2017 01:35 PM       
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Garcia moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsection (9) of section 395.1055,
    6  Florida Statutes, is redesignated as subsection (10), and a new
    7  subsection (9) is added to that section, to read:
    8         395.1055 Rules and enforcement.—
    9         (9) The agency shall establish a technical advisory panel
   10  to develop procedures and standards for measuring outcomes of
   11  pediatric cardiac catheterization programs and pediatric open
   12  heart surgery programs.
   13         (a) The panel must be composed of 3 at-large members,
   14  including 1 cardiologist who is board certified in caring for
   15  adults with congenital heart disease and 2 board-certified
   16  pediatric cardiologists, neither of whom may be employed by any
   17  of the hospitals specified in subparagraphs 1.-10. or their
   18  affiliates, each of whom is appointed by the Secretary of Health
   19  Care Administration, and 10 members, each of whom is a pediatric
   20  cardiologist or a pediatric cardiovascular surgeon, each
   21  appointed by the chief executive officer of one of the following
   22  hospitals:
   23         1. Johns Hopkins All Children’s Hospital in St. Petersburg.
   24         2. Arnold Palmer Hospital for Children in Orlando.
   25         3. Joe DiMaggio Children’s Hospital in Hollywood.
   26         4. Nicklaus Children’s Hospital in Miami.
   27         5. St. Joseph’s Children’s Hospital in Tampa.
   28         6. University of Florida Health Shands Hospital in
   29  Gainesville.
   30         7. University of Miami Holtz Children’s Hospital in Miami.
   31         8. Wolfson Children’s Hospital in Jacksonville.
   32         9. Florida Hospital for Children in Orlando.
   33         10. Nemours Children’s Hospital in Orlando.
   34         (b) Based on the recommendations of the panel, the agency
   35  shall develop and adopt rules for pediatric cardiac
   36  catheterization programs and pediatric open-heart surgery
   37  programs which include at least the following:
   38         1. A risk adjustment procedure that accounts for the
   39  variations in severity and case mix found in hospitals in this
   40  state;
   41         2. Outcome standards specifying expected levels of
   42  performance in pediatric cardiac programs. Such standards may
   43  include, but are not limited to, in-hospital mortality,
   44  infection rates, nonfatal myocardial infarctions, length of
   45  postoperative bleeds, and returns to surgery; and
   46         3. Specific steps to be taken by the agency and licensed
   47  facilities that do not meet the outcome standards within a
   48  specified time, including time required for detailed case
   49  reviews and development and implementation of corrective action
   50  plans.
   51         (c) This subsection is repealed on July 1, 2022.
   52         Section 2. Present subsections (35) through (80) of section
   53  39.01, Florida Statutes, are redesignated as subsections (36)
   54  through (81), respectively, a new subsection (35) is added to
   55  that section, and subsections (10) and (32) and present
   56  subsections (49) and (52) of that section are amended, to read:
   57         39.01 Definitions.—When used in this chapter, unless the
   58  context otherwise requires:
   59         (10) “Caregiver” means the parent, legal custodian,
   60  permanent guardian, adult household member, or other person
   61  responsible for a child’s welfare as defined in subsection (48)
   62  (47).
   63         (32) “Institutional child abuse or neglect” means
   64  situations of known or suspected child abuse or neglect in which
   65  the person allegedly perpetrating the child abuse or neglect is
   66  an employee of a private school, public or private day care
   67  center, residential home, institution, facility, or agency or
   68  any other person at such institution responsible for the child’s
   69  care as defined in subsection (48) (47).
   70         (35) “Legal father” means a man married to the mother at
   71  the time of conception or birth of their child, unless paternity
   72  has been otherwise determined by a court of competent
   73  jurisdiction. If the mother was not married to a man at the time
   74  of birth or conception of the child, the term means a man named
   75  on the birth certificate of the child pursuant to s. 382.013(2),
   76  a man determined by a court order to be the father of the child,
   77  or a man determined to be the father of the child by the
   78  Department of Revenue as provided in s. 409.256.
   79         (50)(49) “Parent” means a woman who gives birth to a child
   80  and a man whose consent to the adoption of the child would be
   81  required under s. 63.062(1). The term parent” also means legal
   82  father as defined in this section. If a child has been legally
   83  adopted, the term “parent” means the adoptive mother or father
   84  of the child. For purposes of this chapter only, when the phrase
   85  “parent or legal custodian” is used, it refers to rights or
   86  responsibilities of the parent and, only if there is no living
   87  parent with intact parental rights, to the rights or
   88  responsibilities of the legal custodian who has assumed the role
   89  of the parent. The term does not include an individual whose
   90  parental relationship to the child has been legally terminated,
   91  or an alleged or prospective parent, unless:
   92         (a) The parental status falls within the terms of s.
   93  39.503(1) or s. 63.062(1); or
   94         (b) Parental status is applied for the purpose of
   95  determining whether the child has been abandoned.
   96         (53)(52) “Permanency goal” means the living arrangement
   97  identified for the child to return to or identified as the
   98  permanent living arrangement of the child. Permanency goals
   99  applicable under this chapter, listed in order of preference,
  100  are:
  101         (a) Reunification;
  102         (b) Adoption when a petition for termination of parental
  103  rights has been or will be filed;
  104         (c) Permanent guardianship of a dependent child under s.
  105  39.6221;
  106         (d) Permanent placement with a fit and willing relative
  107  under s. 39.6231; or
  108         (e) Placement in another planned permanent living
  109  arrangement under s. 39.6241.
  110  
  111  The permanency goal is also the case plan goal. If concurrent
  112  case planning is being used, reunification may be pursued at the
  113  same time that another permanency goal is pursued.
  114         Section 3. Subsection (2) of section 39.013, Florida
  115  Statutes, is amended to read:
  116         39.013 Procedures and jurisdiction; right to counsel.—
  117         (2) The circuit court has exclusive original jurisdiction
  118  of all proceedings under this chapter, of a child voluntarily
  119  placed with a licensed child-caring agency, a licensed child
  120  placing agency, or the department, and of the adoption of
  121  children whose parental rights have been terminated under this
  122  chapter. Jurisdiction attaches when the initial shelter
  123  petition, dependency petition, or termination of parental rights
  124  petition, or a petition for an injunction to prevent child abuse
  125  issued pursuant to s. 39.504, is filed or when a child is taken
  126  into the custody of the department. The circuit court may assume
  127  jurisdiction over any such proceeding regardless of whether the
  128  child was in the physical custody of both parents, was in the
  129  sole legal or physical custody of only one parent, caregiver, or
  130  some other person, or was not in the physical or legal custody
  131  of any person when the event or condition occurred that brought
  132  the child to the attention of the court. When the court obtains
  133  jurisdiction of any child who has been found to be dependent,
  134  the court shall retain jurisdiction, unless relinquished by its
  135  order, until the child reaches 21 years of age, or 22 years of
  136  age if the child has a disability, with the following
  137  exceptions:
  138         (a) If a young adult chooses to leave foster care upon
  139  reaching 18 years of age.
  140         (b) If a young adult does not meet the eligibility
  141  requirements to remain in foster care under s. 39.6251 or
  142  chooses to leave care under that section.
  143         (c) If a young adult petitions the court at any time before
  144  his or her 19th birthday requesting the court’s continued
  145  jurisdiction, the juvenile court may retain jurisdiction under
  146  this chapter for a period not to exceed 1 year following the
  147  young adult’s 18th birthday for the purpose of determining
  148  whether appropriate services that were required to be provided
  149  to the young adult before reaching 18 years of age have been
  150  provided.
  151         (d) If a petition for special immigrant juvenile status and
  152  an application for adjustment of status have been filed on
  153  behalf of a foster child and the petition and application have
  154  not been granted by the time the child reaches 18 years of age,
  155  the court may retain jurisdiction over the dependency case
  156  solely for the purpose of allowing the continued consideration
  157  of the petition and application by federal authorities. Review
  158  hearings for the child shall be set solely for the purpose of
  159  determining the status of the petition and application. The
  160  court’s jurisdiction terminates upon the final decision of the
  161  federal authorities. Retention of jurisdiction in this instance
  162  does not affect the services available to a young adult under s.
  163  409.1451. The court may not retain jurisdiction of the case
  164  after the immigrant child’s 22nd birthday.
  165         Section 4. Paragraphs (a), (d), and (e) of subsection (2)
  166  of section 39.202, Florida Statutes, are amended to read:
  167         39.202 Confidentiality of reports and records in cases of
  168  child abuse or neglect.—
  169         (2) Except as provided in subsection (4), access to such
  170  records, excluding the name of the reporter which shall be
  171  released only as provided in subsection (5), shall be granted
  172  only to the following persons, officials, and agencies:
  173         (a) Employees, authorized agents, or contract providers of
  174  the department, the Department of Health, the Agency for Persons
  175  with Disabilities, the Office of Early Learning, or county
  176  agencies responsible for carrying out:
  177         1. Child or adult protective investigations;
  178         2. Ongoing child or adult protective services;
  179         3. Early intervention and prevention services;
  180         4. Healthy Start services;
  181         5. Licensure or approval of adoptive homes, foster homes,
  182  child care facilities, facilities licensed under chapter 393,
  183  family day care homes, providers who receive school readiness
  184  funding under part VI of chapter 1002, or other homes used to
  185  provide for the care and welfare of children; or
  186         6.Employment screening for caregivers in residential group
  187  homes; or
  188         7.6. Services for victims of domestic violence when
  189  provided by certified domestic violence centers working at the
  190  department’s request as case consultants or with shared clients.
  191  
  192  Also, employees or agents of the Department of Juvenile Justice
  193  responsible for the provision of services to children, pursuant
  194  to chapters 984 and 985.
  195         (d) The parent or legal custodian of any child who is
  196  alleged to have been abused, abandoned, or neglected, and the
  197  child, and their attorneys, including any attorney representing
  198  a child in civil or criminal proceedings. This access shall be
  199  made available no later than 60 30 days after the department
  200  receives the initial report of abuse, neglect, or abandonment.
  201  However, any information otherwise made confidential or exempt
  202  by law shall not be released pursuant to this paragraph.
  203         (e) Any person alleged in the report as having caused the
  204  abuse, abandonment, or neglect of a child. This access shall be
  205  made available no later than 60 30 days after the department
  206  receives the initial report of abuse, abandonment, or neglect
  207  and, when the alleged perpetrator is not a parent, shall be
  208  limited to information involving the protective investigation
  209  only and shall not include any information relating to
  210  subsequent dependency proceedings. However, any information
  211  otherwise made confidential or exempt by law shall not be
  212  released pursuant to this paragraph.
  213         Section 5. Paragraph (a) of subsection (9) of section
  214  39.301, Florida Statutes, is amended, and subsection (23) is
  215  added to that section, to read:
  216         39.301 Initiation of protective investigations.—
  217         (9)(a) For each report received from the central abuse
  218  hotline and accepted for investigation, the department or the
  219  sheriff providing child protective investigative services under
  220  s. 39.3065, shall perform the following child protective
  221  investigation activities to determine child safety:
  222         1. Conduct a review of all relevant, available information
  223  specific to the child and family and alleged maltreatment;
  224  family child welfare history; local, state, and federal criminal
  225  records checks; and requests for law enforcement assistance
  226  provided by the abuse hotline. Based on a review of available
  227  information, including the allegations in the current report, a
  228  determination shall be made as to whether immediate consultation
  229  should occur with law enforcement, the child protection team, a
  230  domestic violence shelter or advocate, or a substance abuse or
  231  mental health professional. Such consultations should include
  232  discussion as to whether a joint response is necessary and
  233  feasible. A determination shall be made as to whether the person
  234  making the report should be contacted before the face-to-face
  235  interviews with the child and family members.
  236         2. Conduct face-to-face interviews with the child; other
  237  siblings, if any; and the parents, legal custodians, or
  238  caregivers.
  239         3. Assess the child’s residence, including a determination
  240  of the composition of the family and household, including the
  241  name, address, date of birth, social security number, sex, and
  242  race of each child named in the report; any siblings or other
  243  children in the same household or in the care of the same
  244  adults; the parents, legal custodians, or caregivers; and any
  245  other adults in the same household.
  246         4. Determine whether there is any indication that any child
  247  in the family or household has been abused, abandoned, or
  248  neglected; the nature and extent of present or prior injuries,
  249  abuse, or neglect, and any evidence thereof; and a determination
  250  as to the person or persons apparently responsible for the
  251  abuse, abandonment, or neglect, including the name, address,
  252  date of birth, social security number, sex, and race of each
  253  such person.
  254         5. Complete assessment of immediate child safety for each
  255  child based on available records, interviews, and observations
  256  with all persons named in subparagraph 2. and appropriate
  257  collateral contacts, which may include other professionals. The
  258  department’s child protection investigators are hereby
  259  designated a criminal justice agency for the purpose of
  260  accessing criminal justice information to be used for enforcing
  261  this state’s laws concerning the crimes of child abuse,
  262  abandonment, and neglect. This information shall be used solely
  263  for purposes supporting the detection, apprehension,
  264  prosecution, pretrial release, posttrial release, or
  265  rehabilitation of criminal offenders or persons accused of the
  266  crimes of child abuse, abandonment, or neglect and may not be
  267  further disseminated or used for any other purpose.
  268         6. Document the present and impending dangers to each child
  269  based on the identification of inadequate protective capacity
  270  through utilization of a standardized safety assessment
  271  instrument. If present or impending danger is identified, the
  272  child protective investigator must implement a safety plan or
  273  take the child into custody. If present danger is identified and
  274  the child is not removed, the child protective investigator
  275  shall create and implement a safety plan before leaving the home
  276  or the location where there is present danger. If impending
  277  danger is identified, the child protective investigator shall
  278  create and implement a safety plan as soon as necessary to
  279  protect the safety of the child. The child protective
  280  investigator may modify the safety plan if he or she identifies
  281  additional impending danger.
  282         a. If the child protective investigator implements a safety
  283  plan, the plan must be specific, sufficient, feasible, and
  284  sustainable in response to the realities of the present or
  285  impending danger. A safety plan may be an in-home plan or an
  286  out-of-home plan, or a combination of both. A safety plan may
  287  include tasks or responsibilities for a parent, caregiver, or
  288  legal custodian. However, a safety plan may not rely on
  289  promissory commitments by the parent, caregiver, or legal
  290  custodian who is currently not able to protect the child or on
  291  services that are not available or will not result in the safety
  292  of the child. A safety plan may not be implemented if for any
  293  reason the parents, guardian, or legal custodian lacks the
  294  capacity or ability to comply with the plan. If the department
  295  is not able to develop a plan that is specific, sufficient,
  296  feasible, and sustainable, the department shall file a shelter
  297  petition. A child protective investigator shall implement
  298  separate safety plans for the perpetrator of domestic violence,
  299  if the investigator, using reasonable efforts, can locate the
  300  perpetrator to implement a safety plan, and for the parent who
  301  is a victim of domestic violence as defined in s. 741.28.
  302  Reasonable efforts to locate a perpetrator include, but are not
  303  limited to, a diligent search pursuant to the same requirements
  304  as in s. 39.503. If the perpetrator of domestic violence is not
  305  the parent, guardian, or legal custodian of any child in the
  306  home and if the department does not intend to file a shelter
  307  petition or dependency petition that will assert allegations
  308  against the perpetrator as a parent of a the child in the home,
  309  the child protective investigator shall seek issuance of an
  310  injunction authorized by s. 39.504 to implement a safety plan
  311  for the perpetrator and impose any other conditions to protect
  312  the child. The safety plan for the parent who is a victim of
  313  domestic violence may not be shared with the perpetrator. If any
  314  party to a safety plan fails to comply with the safety plan
  315  resulting in the child being unsafe, the department shall file a
  316  shelter petition.
  317         b. The child protective investigator shall collaborate with
  318  the community-based care lead agency in the development of the
  319  safety plan as necessary to ensure that the safety plan is
  320  specific, sufficient, feasible, and sustainable. The child
  321  protective investigator shall identify services necessary for
  322  the successful implementation of the safety plan. The child
  323  protective investigator and the community-based care lead agency
  324  shall mobilize service resources to assist all parties in
  325  complying with the safety plan. The community-based care lead
  326  agency shall prioritize safety plan services to families who
  327  have multiple risk factors, including, but not limited to, two
  328  or more of the following:
  329         (I) The parent or legal custodian is of young age;
  330         (II) The parent or legal custodian, or an adult currently
  331  living in or frequently visiting the home, has a history of
  332  substance abuse, mental illness, or domestic violence;
  333         (III) The parent or legal custodian, or an adult currently
  334  living in or frequently visiting the home, has been previously
  335  found to have physically or sexually abused a child;
  336         (IV) The parent or legal custodian or an adult currently
  337  living in or frequently visiting the home has been the subject
  338  of multiple allegations by reputable reports of abuse or
  339  neglect;
  340         (V) The child is physically or developmentally disabled; or
  341         (VI) The child is 3 years of age or younger.
  342         c. The child protective investigator shall monitor the
  343  implementation of the plan to ensure the child’s safety until
  344  the case is transferred to the lead agency at which time the
  345  lead agency shall monitor the implementation.
  346         (23) If, at any time during a child protective
  347  investigation, a child is born into a family under investigation
  348  or a child moves into the home under investigation, the child
  349  protective investigator shall add the child to the investigation
  350  and assess the child’s safety pursuant to subsection (7) and
  351  paragraph (9)(a).
  352         Section 6. Subsections (1) and (7) of section 39.302,
  353  Florida Statutes, are amended to read:
  354         39.302 Protective investigations of institutional child
  355  abuse, abandonment, or neglect.—
  356         (1) The department shall conduct a child protective
  357  investigation of each report of institutional child abuse,
  358  abandonment, or neglect. Upon receipt of a report that alleges
  359  that an employee or agent of the department, or any other entity
  360  or person covered by s. 39.01(32) or (48) (47), acting in an
  361  official capacity, has committed an act of child abuse,
  362  abandonment, or neglect, the department shall initiate a child
  363  protective investigation within the timeframe established under
  364  s. 39.201(5) and notify the appropriate state attorney, law
  365  enforcement agency, and licensing agency, which shall
  366  immediately conduct a joint investigation, unless independent
  367  investigations are more feasible. When conducting investigations
  368  or having face-to-face interviews with the child, investigation
  369  visits shall be unannounced unless it is determined by the
  370  department or its agent that unannounced visits threaten the
  371  safety of the child. If a facility is exempt from licensing, the
  372  department shall inform the owner or operator of the facility of
  373  the report. Each agency conducting a joint investigation is
  374  entitled to full access to the information gathered by the
  375  department in the course of the investigation. A protective
  376  investigation must include an interview with the child’s parent
  377  or legal guardian. The department shall make a full written
  378  report to the state attorney within 3 working days after making
  379  the oral report. A criminal investigation shall be coordinated,
  380  whenever possible, with the child protective investigation of
  381  the department. Any interested person who has information
  382  regarding the offenses described in this subsection may forward
  383  a statement to the state attorney as to whether prosecution is
  384  warranted and appropriate. Within 15 days after the completion
  385  of the investigation, the state attorney shall report the
  386  findings to the department and shall include in the report a
  387  determination of whether or not prosecution is justified and
  388  appropriate in view of the circumstances of the specific case.
  389         (7) When an investigation of institutional abuse, neglect,
  390  or abandonment is closed and a person is not identified as a
  391  caregiver responsible for the abuse, neglect, or abandonment
  392  alleged in the report, the fact that the person is named in some
  393  capacity in the report may not be used in any way to adversely
  394  affect the interests of that person. This prohibition applies to
  395  any use of the information in employment screening, licensing,
  396  child placement, adoption, or any other decisions by a private
  397  adoption agency or a state agency or its contracted providers.
  398         (a)However, if such a person is a licensee of the
  399  department and is named in any capacity in three or more reports
  400  within a 5-year period, the department may review those reports
  401  and determine whether the information contained in the reports
  402  is relevant for purposes of determining whether the person’s
  403  license should be renewed or revoked. If the information is
  404  relevant to the decision to renew or revoke the license, the
  405  department may rely on the information contained in the report
  406  in making that decision.
  407         (b)Likewise, if a person is employed as a caregiver in a
  408  residential group home licensed pursuant to s. 409.175 and is
  409  named in any capacity in three or more reports within a 5-year
  410  period, the department may review all reports for the purposes
  411  of the employment screening required pursuant to s.
  412  409.145(2)(e).
  413         Section 7. Paragraph (c) of subsection (8) of section
  414  39.402, Florida Statutes, is amended to read:
  415         39.402 Placement in a shelter.—
  416         (8)
  417         (c) At the shelter hearing, the court shall:
  418         1. Appoint a guardian ad litem to represent the best
  419  interest of the child, unless the court finds that such
  420  representation is unnecessary;
  421         2. Inform the parents or legal custodians of their right to
  422  counsel to represent them at the shelter hearing and at each
  423  subsequent hearing or proceeding, and the right of the parents
  424  to appointed counsel, pursuant to the procedures set forth in s.
  425  39.013; and
  426         3. Give the parents or legal custodians an opportunity to
  427  be heard and to present evidence; and
  428         4.Inquire of those present at the shelter hearing as to
  429  the identity and location of the legal father. In determining
  430  who the legal father of the child may be, the court shall
  431  inquire under oath of those present at the shelter hearing
  432  whether they have any of the following information:
  433         a. Whether the mother of the child was married at the
  434  probable time of conception of the child or at the time of birth
  435  of the child.
  436         b. Whether the mother was cohabiting with a male at the
  437  probable time of conception of the child.
  438         c. Whether the mother has received payments or promises of
  439  support with respect to the child or because of her pregnancy
  440  from a man who claims to be the father.
  441         d. Whether the mother has named any man as the father on
  442  the birth certificate of the child or in connection with
  443  applying for or receiving public assistance.
  444         e. Whether any man has acknowledged or claimed paternity of
  445  the child in a jurisdiction in which the mother resided at the
  446  time of or since conception of the child or in which the child
  447  has resided or resides.
  448         f. Whether a man is named on the birth certificate of the
  449  child pursuant to s. 382.013(2).
  450         g. Whether a man has been determined by a court order to be
  451  the father of the child.
  452         h. Whether a man has been determined to be the father of
  453  the child by the Department of Revenue as provided in s.
  454  409.256.
  455         Section 8. Subsections (1), (6), and (8) of section 39.503,
  456  Florida Statutes, are amended, subsection (9) is added to that
  457  section, and subsection (7) of that section is republished, to
  458  read:
  459         39.503 Identity or location of parent unknown; special
  460  procedures.—
  461         (1) If the identity or location of a parent is unknown and
  462  a petition for dependency or shelter is filed, the court shall
  463  conduct under oath the following inquiry of the parent or legal
  464  custodian who is available, or, if no parent or legal custodian
  465  is available, of any relative or custodian of the child who is
  466  present at the hearing and likely to have any of the following
  467  information:
  468         (a) Whether the mother of the child was married at the
  469  probable time of conception of the child or at the time of birth
  470  of the child.
  471         (b) Whether the mother was cohabiting with a male at the
  472  probable time of conception of the child.
  473         (c) Whether the mother has received payments or promises of
  474  support with respect to the child or because of her pregnancy
  475  from a man who claims to be the father.
  476         (d) Whether the mother has named any man as the father on
  477  the birth certificate of the child or in connection with
  478  applying for or receiving public assistance.
  479         (e) Whether any man has acknowledged or claimed paternity
  480  of the child in a jurisdiction in which the mother resided at
  481  the time of or since conception of the child, or in which the
  482  child has resided or resides.
  483         (f) Whether a man is named on the birth certificate of the
  484  child pursuant to s. 382.013(2).
  485         (g) Whether a man has been determined by a court order to
  486  be the father of the child.
  487         (h) Whether a man has been determined to be the father of
  488  the child by the Department of Revenue as provided in s.
  489  409.256.
  490         (6) The diligent search required by subsection (5) must
  491  include, at a minimum, inquiries of all relatives of the parent
  492  or prospective parent made known to the petitioner, inquiries of
  493  all offices of program areas of the department likely to have
  494  information about the parent or prospective parent, inquiries of
  495  other state and federal agencies likely to have information
  496  about the parent or prospective parent, inquiries of appropriate
  497  utility and postal providers, a thorough search of at least one
  498  electronic database specifically designed for locating persons,
  499  a search of the Florida Putative Father Registry, and inquiries
  500  of appropriate law enforcement agencies. Pursuant to s. 453 of
  501  the Social Security Act, 42 U.S.C. s. 653(c)(4), the department,
  502  as the state agency administering Titles IV-B and IV-E of the
  503  act, shall be provided access to the federal and state parent
  504  locator service for diligent search activities.
  505         (7) Any agency contacted by a petitioner with a request for
  506  information pursuant to subsection (6) shall release the
  507  requested information to the petitioner without the necessity of
  508  a subpoena or court order.
  509         (8) If the inquiry and diligent search identifies a
  510  prospective parent, that person must be given the opportunity to
  511  become a party to the proceedings by completing a sworn
  512  affidavit of parenthood and filing it with the court or the
  513  department. A prospective parent who files a sworn affidavit of
  514  parenthood while the child is a dependent child but no later
  515  than at the time of or before prior to the adjudicatory hearing
  516  in any termination of parental rights proceeding for the child
  517  shall be considered a parent for all purposes under this section
  518  unless the other parent contests the determination of
  519  parenthood. If the known parent contests the recognition of the
  520  prospective parent as a parent, the prospective parent may shall
  521  not be recognized as a parent until proceedings to determine
  522  maternity or paternity under chapter 742 have been concluded.
  523  However, the prospective parent shall continue to receive notice
  524  of hearings as a participant pending results of the chapter 742
  525  proceedings to determine maternity or paternity.
  526         (9) If the diligent search under subsection (5) fails to
  527  identify and locate a parent or prospective parent, the court
  528  shall so find and may proceed without further notice.
  529         Section 9. Section 39.504, Florida Statutes, is amended to
  530  read:
  531         39.504 Injunction pending disposition of petition;
  532  penalty.—
  533         (1) At any time after a protective investigation has been
  534  initiated pursuant to part III of this chapter, the court, upon
  535  the request of the department, a law enforcement officer, the
  536  state attorney, or other responsible person, or upon its own
  537  motion, may, if there is reasonable cause, issue an injunction
  538  to prevent any act of child abuse. Reasonable cause for the
  539  issuance of an injunction exists if there is evidence of child
  540  abuse or if there is a reasonable likelihood of such abuse
  541  occurring based upon a recent overt act or failure to act. If
  542  there is a pending dependency proceeding regarding the child
  543  whom the injunction is sought to protect, the judge hearing the
  544  dependency proceeding must also hear the injunction proceeding
  545  regarding the child.
  546         (2) The petitioner seeking the injunction shall file a
  547  verified petition, or a petition along with an affidavit,
  548  setting forth the specific actions by the alleged offender from
  549  which the child must be protected and all remedies sought. Upon
  550  filing the petition, the court shall set a hearing to be held at
  551  the earliest possible time. Pending the hearing, the court may
  552  issue a temporary ex parte injunction, with verified pleadings
  553  or affidavits as evidence. The temporary ex parte injunction
  554  pending a hearing is effective for up to 15 days and the hearing
  555  must be held within that period unless continued for good cause
  556  shown, which may include obtaining service of process, in which
  557  case the temporary ex parte injunction shall be extended for the
  558  continuance period. The hearing may be held sooner if the
  559  alleged offender has received reasonable notice.
  560         (3) Before the hearing, the alleged offender must be
  561  personally served with a copy of the petition, all other
  562  pleadings related to the petition, a notice of hearing, and, if
  563  one has been entered, the temporary injunction. If the
  564  petitioner cannot locate the alleged offender for service after
  565  a diligent search pursuant to the same requirements as in s.
  566  39.503 and the filing of an affidavit of diligent search, the
  567  court may enter the injunction based on the sworn petition and
  568  any affidavits. At the hearing, the court may base its
  569  determination on a sworn petition, testimony, or an affidavit
  570  and may hear all relevant and material evidence, including oral
  571  and written reports, to the extent of its probative value even
  572  though it would not be competent evidence at an adjudicatory
  573  hearing. Following the hearing, the court may enter a final
  574  injunction. The court may grant a continuance of the hearing at
  575  any time for good cause shown by any party. If a temporary
  576  injunction has been entered, it shall be continued during the
  577  continuance.
  578         (4) If an injunction is issued under this section, the
  579  primary purpose of the injunction must be to protect and promote
  580  the best interests of the child, taking the preservation of the
  581  child’s immediate family into consideration.
  582         (a) The injunction applies to the alleged or actual
  583  offender in a case of child abuse or acts of domestic violence.
  584  The conditions of the injunction shall be determined by the
  585  court, which may include ordering the alleged or actual offender
  586  to:
  587         1. Refrain from further abuse or acts of domestic violence.
  588         2. Participate in a specialized treatment program.
  589         3. Limit contact or communication with the child victim,
  590  other children in the home, or any other child.
  591         4. Refrain from contacting the child at home, school, work,
  592  or wherever the child may be found.
  593         5. Have limited or supervised visitation with the child.
  594         6. Vacate the home in which the child resides.
  595         7. Comply with the terms of a safety plan implemented in
  596  the injunction pursuant to s. 39.301.
  597         (b) Upon proper pleading, the court may award the following
  598  relief in a temporary ex parte or final injunction:
  599         1. Exclusive use and possession of the dwelling to the
  600  caregiver or exclusion of the alleged or actual offender from
  601  the residence of the caregiver.
  602         2. Temporary support for the child or other family members.
  603         3. The costs of medical, psychiatric, and psychological
  604  treatment for the child incurred due to the abuse, and similar
  605  costs for other family members.
  606  
  607  This paragraph does not preclude an adult victim of domestic
  608  violence from seeking protection for himself or herself under s.
  609  741.30.
  610         (c) The terms of the final injunction shall remain in
  611  effect until modified or dissolved by the court. The petitioner,
  612  respondent, or caregiver may move at any time to modify or
  613  dissolve the injunction. Notice of hearing on the motion to
  614  modify or dissolve the injunction must be provided to all
  615  parties, including the department. The injunction is valid and
  616  enforceable in all counties in the state.
  617         (5) Service of process on the respondent shall be carried
  618  out pursuant to s. 741.30. The department shall deliver a copy
  619  of any injunction issued pursuant to this section to the
  620  protected party or to a parent, caregiver, or individual acting
  621  in the place of a parent who is not the respondent. Law
  622  enforcement officers may exercise their arrest powers as
  623  provided in s. 901.15(6) to enforce the terms of the injunction.
  624         (6) Any person who fails to comply with an injunction
  625  issued pursuant to this section commits a misdemeanor of the
  626  first degree, punishable as provided in s. 775.082 or s.
  627  775.083.
  628         (7) The person against whom an injunction is entered under
  629  this section does not automatically become a party to a
  630  subsequent dependency action concerning the same child.
  631         Section 10. Paragraph (b) of subsection (7) of section
  632  39.507, Florida Statutes, is amended to read:
  633         39.507 Adjudicatory hearings; orders of adjudication.—
  634         (7)
  635         (b) However, the court must determine whether each parent
  636  or legal custodian identified in the case abused, abandoned, or
  637  neglected the child or engaged in conduct that placed the child
  638  at substantial risk of imminent abuse, abandonment, or neglect
  639  in a subsequent evidentiary hearing. If a second parent is
  640  served and brought into the proceeding after the adjudication
  641  and if an the evidentiary hearing for the second parent is
  642  conducted subsequent to the adjudication of the child, the court
  643  shall supplement the adjudicatory order, disposition order, and
  644  the case plan, as necessary. The petitioner is not required to
  645  prove actual harm or actual abuse by the second parent in order
  646  for the court to make supplemental findings regarding the
  647  conduct of the second parent. The court is not required to
  648  conduct an evidentiary hearing for the second parent in order to
  649  supplement the adjudicatory order, the disposition order, and
  650  the case plan if the requirements of s. 39.506(3) or (5) are
  651  satisfied. With the exception of proceedings pursuant to s.
  652  39.811, the child’s dependency status may not be retried or
  653  readjudicated.
  654         Section 11. Paragraph (a) of subsection (2) of section
  655  39.5085, Florida Statutes, is amended to read:
  656         39.5085 Relative Caregiver Program.—
  657         (2)(a) The Department of Children and Families shall
  658  establish, and operate, and implement the Relative Caregiver
  659  Program pursuant to eligibility guidelines established in this
  660  section as further implemented by rule of the department. The
  661  Relative Caregiver Program shall, within the limits of available
  662  funding, provide financial assistance to:
  663         1. Relatives who are within the fifth degree by blood or
  664  marriage to the parent or stepparent of a child and who are
  665  caring full-time for that dependent child in the role of
  666  substitute parent as a result of a court’s determination of
  667  child abuse, neglect, or abandonment and subsequent placement
  668  with the relative under this chapter.
  669         2. Relatives who are within the fifth degree by blood or
  670  marriage to the parent or stepparent of a child and who are
  671  caring full-time for that dependent child, and a dependent half
  672  brother or half-sister of that dependent child, in the role of
  673  substitute parent as a result of a court’s determination of
  674  child abuse, neglect, or abandonment and subsequent placement
  675  with the relative under this chapter.
  676         3. Nonrelatives who are willing to assume custody and care
  677  of a dependent child in the role of substitute parent as a
  678  result of a court’s determination of child abuse, neglect, or
  679  abandonment and subsequent placement with the nonrelative
  680  caregiver under this chapter. The court must find that a
  681  proposed placement under this subparagraph is in the best
  682  interest of the child.
  683         4.A relative or nonrelative caregiver, but the relative or
  684  nonrelative caregiver may not receive a Relative Caregiver
  685  Program payment if the parent or stepparent of the child resides
  686  in the home. However, a relative or nonrelative may receive the
  687  Relative Caregiver Program payment for a minor parent who is in
  688  his or her care, as well as for the minor parent’s child, if
  689  both children have been adjudicated dependent and meet all other
  690  eligibility requirements. If the caregiver is currently
  691  receiving the payment, the Relative Caregiver Program payment
  692  must be terminated no later than the first of the following
  693  month after the parent or stepparent moves into the home,
  694  allowing for 10-day notice of adverse action.
  695  
  696  The placement may be court-ordered temporary legal custody to
  697  the relative or nonrelative under protective supervision of the
  698  department pursuant to s. 39.521(1)(c)3. s. 39.521(1)(b)3., or
  699  court-ordered placement in the home of a relative or nonrelative
  700  as a permanency option under s. 39.6221 or s. 39.6231 or under
  701  former s. 39.622 if the placement was made before July 1, 2006.
  702  The Relative Caregiver Program shall offer financial assistance
  703  to caregivers who would be unable to serve in that capacity
  704  without the caregiver payment because of financial burden, thus
  705  exposing the child to the trauma of placement in a shelter or in
  706  foster care.
  707         Section 12. Subsections (1), (2), (6), and (7) of section
  708  39.521, Florida Statutes, are amended to read:
  709         39.521 Disposition hearings; powers of disposition.—
  710         (1) A disposition hearing shall be conducted by the court,
  711  if the court finds that the facts alleged in the petition for
  712  dependency were proven in the adjudicatory hearing, or if the
  713  parents or legal custodians have consented to the finding of
  714  dependency or admitted the allegations in the petition, have
  715  failed to appear for the arraignment hearing after proper
  716  notice, or have not been located despite a diligent search
  717  having been conducted.
  718         (a) A written case plan and a family functioning assessment
  719  predisposition study prepared by an authorized agent of the
  720  department must be approved by filed with the court. The
  721  department must file the case plan and the family functioning
  722  assessment with the court, serve a copy of the case plan on,
  723  served upon the parents of the child, and provide a copy of the
  724  case plan provided to the representative of the guardian ad
  725  litem program, if the program has been appointed, and a copy
  726  provided to all other parties:
  727         1. Not less than 72 hours before the disposition hearing,
  728  if the disposition hearing occurs on or after the 60th day after
  729  the date the child was placed in out-of-home care. All such case
  730  plans must be approved by the court.
  731         2. Not less than 72 hours before the case plan acceptance
  732  hearing, if the disposition hearing occurs before the 60th day
  733  after the date the child was placed in out-of-home care and a
  734  case plan has not been submitted pursuant to this paragraph, or
  735  if the court does not approve the case plan at the disposition
  736  hearing. The case plan acceptance hearing must occur, the court
  737  must set a hearing within 30 days after the disposition hearing
  738  to review and approve the case plan.
  739         (b) The court may grant an exception to the requirement for
  740  a family functioning assessment predisposition study by separate
  741  order or within the judge’s order of disposition upon finding
  742  that all the family and child information required by subsection
  743  (2) is available in other documents filed with the court.
  744         (c)(b) When any child is adjudicated by a court to be
  745  dependent, the court having jurisdiction of the child has the
  746  power by order to:
  747         1. Require the parent and, when appropriate, the legal
  748  custodian and the child to participate in treatment and services
  749  identified as necessary. The court may require the person who
  750  has custody or who is requesting custody of the child to submit
  751  to a mental health or substance abuse disorder assessment or
  752  evaluation. The order may be made only upon good cause shown and
  753  pursuant to notice and procedural requirements provided under
  754  the Florida Rules of Juvenile Procedure. The mental health
  755  assessment or evaluation must be administered by a qualified
  756  professional as defined in s. 39.01, and the substance abuse
  757  assessment or evaluation must be administered by a qualified
  758  professional as defined in s. 397.311. The court may also
  759  require such person to participate in and comply with treatment
  760  and services identified as necessary, including, when
  761  appropriate and available, participation in and compliance with
  762  a mental health court program established under chapter 394 or a
  763  treatment-based drug court program established under s. 397.334.
  764  Adjudication of a child as dependent based upon evidence of harm
  765  as defined in s. 39.01(30)(g) demonstrates good cause, and the
  766  court shall require the parent whose actions caused the harm to
  767  submit to a substance abuse disorder assessment or evaluation
  768  and to participate and comply with treatment and services
  769  identified in the assessment or evaluation as being necessary.
  770  In addition to supervision by the department, the court,
  771  including the mental health court program or the treatment-based
  772  drug court program, may oversee the progress and compliance with
  773  treatment by a person who has custody or is requesting custody
  774  of the child. The court may impose appropriate available
  775  sanctions for noncompliance upon a person who has custody or is
  776  requesting custody of the child or make a finding of
  777  noncompliance for consideration in determining whether an
  778  alternative placement of the child is in the child’s best
  779  interests. Any order entered under this subparagraph may be made
  780  only upon good cause shown. This subparagraph does not authorize
  781  placement of a child with a person seeking custody of the child,
  782  other than the child’s parent or legal custodian, who requires
  783  mental health or substance abuse disorder treatment.
  784         2. Require, if the court deems necessary, the parties to
  785  participate in dependency mediation.
  786         3. Require placement of the child either under the
  787  protective supervision of an authorized agent of the department
  788  in the home of one or both of the child’s parents or in the home
  789  of a relative of the child or another adult approved by the
  790  court, or in the custody of the department. Protective
  791  supervision continues until the court terminates it or until the
  792  child reaches the age of 18, whichever date is first. Protective
  793  supervision shall be terminated by the court whenever the court
  794  determines that permanency has been achieved for the child,
  795  whether with a parent, another relative, or a legal custodian,
  796  and that protective supervision is no longer needed. The
  797  termination of supervision may be with or without retaining
  798  jurisdiction, at the court’s discretion, and shall in either
  799  case be considered a permanency option for the child. The order
  800  terminating supervision by the department must set forth the
  801  powers of the custodian of the child and include the powers
  802  ordinarily granted to a guardian of the person of a minor unless
  803  otherwise specified. Upon the court’s termination of supervision
  804  by the department, further judicial reviews are not required if
  805  permanency has been established for the child.
  806         (d)(c) At the conclusion of the disposition hearing, the
  807  court shall schedule the initial judicial review hearing which
  808  must be held no later than 90 days after the date of the
  809  disposition hearing or after the date of the hearing at which
  810  the court approves the case plan, whichever occurs earlier, but
  811  in no event shall the review hearing be held later than 6 months
  812  after the date of the child’s removal from the home.
  813         (e)(d) The court shall, in its written order of
  814  disposition, include all of the following:
  815         1. The placement or custody of the child.
  816         2. Special conditions of placement and visitation.
  817         3. Evaluation, counseling, treatment activities, and other
  818  actions to be taken by the parties, if ordered.
  819         4. The persons or entities responsible for supervising or
  820  monitoring services to the child and parent.
  821         5. Continuation or discharge of the guardian ad litem, as
  822  appropriate.
  823         6. The date, time, and location of the next scheduled
  824  review hearing, which must occur within the earlier of:
  825         a. Ninety days after the disposition hearing;
  826         b. Ninety days after the court accepts the case plan;
  827         c. Six months after the date of the last review hearing; or
  828         d. Six months after the date of the child’s removal from
  829  his or her home, if no review hearing has been held since the
  830  child’s removal from the home.
  831         7. If the child is in an out-of-home placement, child
  832  support to be paid by the parents, or the guardian of the
  833  child’s estate if possessed of assets which under law may be
  834  disbursed for the care, support, and maintenance of the child.
  835  The court may exercise jurisdiction over all child support
  836  matters, shall adjudicate the financial obligation, including
  837  health insurance, of the child’s parents or guardian, and shall
  838  enforce the financial obligation as provided in chapter 61. The
  839  state’s child support enforcement agency shall enforce child
  840  support orders under this section in the same manner as child
  841  support orders under chapter 61. Placement of the child shall
  842  not be contingent upon issuance of a support order.
  843         8.a. If the court does not commit the child to the
  844  temporary legal custody of an adult relative, legal custodian,
  845  or other adult approved by the court, the disposition order
  846  shall include the reasons for such a decision and shall include
  847  a determination as to whether diligent efforts were made by the
  848  department to locate an adult relative, legal custodian, or
  849  other adult willing to care for the child in order to present
  850  that placement option to the court instead of placement with the
  851  department.
  852         b. If no suitable relative is found and the child is placed
  853  with the department or a legal custodian or other adult approved
  854  by the court, both the department and the court shall consider
  855  transferring temporary legal custody to an adult relative
  856  approved by the court at a later date, but neither the
  857  department nor the court is obligated to so place the child if
  858  it is in the child’s best interest to remain in the current
  859  placement.
  860  
  861  For the purposes of this section, “diligent efforts to locate an
  862  adult relative” means a search similar to the diligent search
  863  for a parent, but without the continuing obligation to search
  864  after an initial adequate search is completed.
  865         9. Other requirements necessary to protect the health,
  866  safety, and well-being of the child, to preserve the stability
  867  of the child’s educational placement, and to promote family
  868  preservation or reunification whenever possible.
  869         (f)(e) If the court finds that an in-home safety plan
  870  prepared or approved by the department the prevention or
  871  reunification efforts of the department will allow the child to
  872  remain safely at home or that conditions for return have been
  873  met and an in-home safety plan prepared or approved by the
  874  department will allow the child to be safely returned to the
  875  home, the court shall allow the child to remain in or return to
  876  the home after making a specific finding of fact that the
  877  reasons for removal have been remedied to the extent that the
  878  child’s safety, well-being, and physical, mental, and emotional
  879  health will not be endangered.
  880         (g)(f) If the court places the child in an out-of-home
  881  placement, the disposition order must include a written
  882  determination that the child cannot safely remain at home with
  883  an in-home safety plan reunification or family preservation
  884  services and that removal of the child is necessary to protect
  885  the child. If the child is removed before the disposition
  886  hearing, the order must also include a written determination as
  887  to whether, after removal, the department made a reasonable
  888  effort to reunify the parent and child. Reasonable efforts to
  889  reunify are not required if the court finds that any of the acts
  890  listed in s. 39.806(1)(f)-(l) have occurred. The department has
  891  the burden of demonstrating that it made reasonable efforts.
  892         1. For the purposes of this paragraph, the term “reasonable
  893  effort” means the exercise of reasonable diligence and care by
  894  the department to provide the services ordered by the court or
  895  delineated in the case plan.
  896         2. In support of its determination as to whether reasonable
  897  efforts have been made, the court shall:
  898         a. Enter written findings as to whether an in-home safety
  899  plan could have prevented removal prevention or reunification
  900  efforts were indicated.
  901         b. If an in-home safety plan was prevention or
  902  reunification efforts were indicated, include a brief written
  903  description of what appropriate and available safety management
  904  services prevention and reunification efforts were initiated
  905  made.
  906         c. Indicate in writing why further efforts could or could
  907  not have prevented or shortened the separation of the parent and
  908  child.
  909         3. A court may find that the department made a reasonable
  910  effort to prevent or eliminate the need for removal if:
  911         a. The first contact of the department with the family
  912  occurs during an emergency;
  913         b. The department’s assessment appraisal by the department
  914  of the home situation indicates a substantial and immediate
  915  danger to the child’s safety or physical, mental, or emotional
  916  health which cannot be mitigated by the provision of safety
  917  management preventive services;
  918         c. The child cannot safely remain at home, because there
  919  are no safety management preventive services that can ensure the
  920  health and safety of the child or, even with appropriate and
  921  available services being provided, the health and safety of the
  922  child cannot be ensured; or
  923         d. The parent is alleged to have committed any of the acts
  924  listed as grounds for expedited termination of parental rights
  925  under s. 39.806(1)(f)-(l).
  926         4. A reasonable effort by the department for reunification
  927  has been made if the appraisal of the home situation by the
  928  department indicates that the severity of the conditions of
  929  dependency is such that reunification efforts are inappropriate.
  930  The department has the burden of demonstrating to the court that
  931  reunification efforts were inappropriate.
  932         5. If the court finds that the provision of safety
  933  management services by prevention or reunification effort of the
  934  department would not have permitted the child to remain safely
  935  at home, the court may commit the child to the temporary legal
  936  custody of the department or take any other action authorized by
  937  this chapter.
  938         (2) The family functioning assessment predisposition study
  939  must provide the court with the following documented
  940  information:
  941         (a) Evidence of maltreatment and the circumstances
  942  accompanying the maltreatment.
  943         (b) Identification of all danger threats active in the
  944  home.
  945         (c) An assessment of the adult functioning of the parents.
  946         (d) An assessment of the parents’ general parenting
  947  practices and the parents’ disciplinary approach and behavior
  948  management methods.
  949         (e) An assessment of the parents’ behavioral, emotional,
  950  and cognitive protective capacities.
  951         (f) An assessment of child functioning.
  952         (g) A safety analysis describing the capacity for an in
  953  home safety plan to control the conditions that result in the
  954  child being unsafe and the specific actions necessary to keep
  955  the child safe.
  956         (h) Identification of the conditions for return which would
  957  allow the child to be placed safely back into the home with an
  958  in-home safety plan and any safety management services necessary
  959  to ensure the child’s safety.
  960         (a) The capacity and disposition of the parents to provide
  961  the child with food, clothing, medical care, or other remedial
  962  care recognized and permitted under the laws of this state in
  963  lieu of medical care, and other material needs.
  964         (b) The length of time the child has lived in a stable,
  965  satisfactory environment and the desirability of maintaining
  966  continuity.
  967         (c) The mental and physical health of the parents.
  968         (d) The home, school, and community record of the child.
  969         (i)(e) The reasonable preference of the child, if the court
  970  deems the child to be of sufficient intelligence, understanding,
  971  and experience to express a preference.
  972         (f) Evidence of domestic violence or child abuse.
  973         (g) An assessment defining the dangers and risks of
  974  returning the child home, including a description of the changes
  975  in and resolutions to the initial risks.
  976         (h) A description of what risks are still present and what
  977  resources are available and will be provided for the protection
  978  and safety of the child.
  979         (i) A description of the benefits of returning the child
  980  home.
  981         (j) A description of all unresolved issues.
  982         (j)(k)Child welfare A Florida Abuse Hotline Information
  983  System (FAHIS) history from the department’s Statewide Automated
  984  Child Welfare Information System (SACWIS) and criminal records
  985  check for all caregivers, family members, and individuals
  986  residing within the household from which the child was removed.
  987         (k)(l) The complete report and recommendation of the child
  988  protection team of the Department of Health or, if no report
  989  exists, a statement reflecting that no report has been made.
  990         (l)(m) All opinions or recommendations from other
  991  professionals or agencies that provide evaluative, social,
  992  reunification, or other services to the parent and child.
  993         (m)(n) A listing of appropriate and available safety
  994  management prevention and reunification services for the parent
  995  and child to prevent the removal of the child from the home or
  996  to reunify the child with the parent after removal, including
  997  the availability of family preservation services and an
  998  explanation of the following:
  999         1. If the services were or were not provided.
 1000         2. If the services were provided, the outcome of the
 1001  services.
 1002         3. If the services were not provided, why they were not
 1003  provided.
 1004         4. If the services are currently being provided and if they
 1005  need to be continued.
 1006         (o) A listing of other prevention and reunification
 1007  services that were available but determined to be inappropriate
 1008  and why.
 1009         (p) Whether dependency mediation was provided.
 1010         (n)(q) If the child has been removed from the home and
 1011  there is a parent who may be considered for custody pursuant to
 1012  this section, a recommendation as to whether placement of the
 1013  child with that parent would be detrimental to the child.
 1014         (o)(r) If the child has been removed from the home and will
 1015  be remaining with a relative, parent, or other adult approved by
 1016  the court, a home study report concerning the proposed placement
 1017  shall be provided to the court included in the predisposition
 1018  report. Before recommending to the court any out-of-home
 1019  placement for a child other than placement in a licensed shelter
 1020  or foster home, the department shall conduct a study of the home
 1021  of the proposed legal custodians, which must include, at a
 1022  minimum:
 1023         1. An interview with the proposed legal custodians to
 1024  assess their ongoing commitment and ability to care for the
 1025  child.
 1026         2. Records checks through the State Automated Child Welfare
 1027  Information System (SACWIS), and local and statewide criminal
 1028  and juvenile records checks through the Department of Law
 1029  Enforcement, on all household members 12 years of age or older.
 1030  In addition, the fingerprints of any household members who are
 1031  18 years of age or older may be submitted to the Department of
 1032  Law Enforcement for processing and forwarding to the Federal
 1033  Bureau of Investigation for state and national criminal history
 1034  information. The department has the discretion to request State
 1035  Automated Child Welfare Information System (SACWIS) and local,
 1036  statewide, and national criminal history checks and
 1037  fingerprinting of any other visitor to the home who is made
 1038  known to the department. Out-of-state criminal records checks
 1039  must be initiated for any individual who has resided in a state
 1040  other than Florida if that state’s laws allow the release of
 1041  these records. The out-of-state criminal records must be filed
 1042  with the court within 5 days after receipt by the department or
 1043  its agent.
 1044         3. An assessment of the physical environment of the home.
 1045         4. A determination of the financial security of the
 1046  proposed legal custodians.
 1047         5. A determination of suitable child care arrangements if
 1048  the proposed legal custodians are employed outside of the home.
 1049         6. Documentation of counseling and information provided to
 1050  the proposed legal custodians regarding the dependency process
 1051  and possible outcomes.
 1052         7. Documentation that information regarding support
 1053  services available in the community has been provided to the
 1054  proposed legal custodians.
 1055         8. The reasonable preference of the child, if the court
 1056  deems the child to be of sufficient intelligence, understanding,
 1057  and experience to express a preference.
 1058  
 1059  The department may not place the child or continue the placement
 1060  of the child in a home under shelter or postdisposition
 1061  placement if the results of the home study are unfavorable,
 1062  unless the court finds that this placement is in the child’s
 1063  best interest.
 1064         (p)(s) If the child has been removed from the home, a
 1065  determination of the amount of child support each parent will be
 1066  required to pay pursuant to s. 61.30.
 1067         (t) If placement of the child with anyone other than the
 1068  child’s parent is being considered, the predisposition study
 1069  shall include the designation of a specific length of time as to
 1070  when custody by the parent will be reconsidered.
 1071  
 1072  Any other relevant and material evidence, including other
 1073  written or oral reports, may be received by the court in its
 1074  effort to determine the action to be taken with regard to the
 1075  child and may be relied upon to the extent of its probative
 1076  value, even though not competent in an adjudicatory hearing.
 1077  Except as otherwise specifically provided, nothing in this
 1078  section prohibits the publication of proceedings in a hearing.
 1079         (6) With respect to a child who is the subject in
 1080  proceedings under this chapter, the court may issue to the
 1081  department an order to show cause why it should not return the
 1082  child to the custody of the parents upon the presentation of
 1083  evidence that the conditions for return of the child have been
 1084  met expiration of the case plan, or sooner if the parents have
 1085  substantially complied with the case plan.
 1086         (7) The court may enter an order ending its jurisdiction
 1087  over a child when a child has been returned to the parents,
 1088  provided the court shall not terminate its jurisdiction or the
 1089  department’s supervision over the child until 6 months after the
 1090  child’s return. The department shall supervise the placement of
 1091  the child after reunification for at least 6 months with each
 1092  parent or legal custodian from whom the child was removed. The
 1093  court shall determine whether its jurisdiction should be
 1094  continued or terminated in such a case based on a report of the
 1095  department or agency or the child’s guardian ad litem, and any
 1096  other relevant factors; if its jurisdiction is to be terminated,
 1097  the court shall enter an order to that effect.
 1098         Section 13. Subsections (2) and (3) of section 39.522,
 1099  Florida Statutes, are amended to read:
 1100         39.522 Postdisposition change of custody.—The court may
 1101  change the temporary legal custody or the conditions of
 1102  protective supervision at a postdisposition hearing, without the
 1103  necessity of another adjudicatory hearing.
 1104         (2) In cases where the issue before the court is whether a
 1105  child should be reunited with a parent, the court shall review
 1106  the conditions for return and determine whether the
 1107  circumstances that caused the out-of-home placement and issues
 1108  subsequently identified have been remedied parent has
 1109  substantially complied with the terms of the case plan to the
 1110  extent that the return of the child to the home with an in-home
 1111  safety plan prepared or approved by the department will not be
 1112  detrimental to the child’s safety, well-being, and physical,
 1113  mental, and emotional health of the child is not endangered by
 1114  the return of the child to the home.
 1115         (3) In cases where the issue before the court is whether a
 1116  child who is placed in the custody of a parent should be
 1117  reunited with the other parent upon a finding that the
 1118  circumstances that caused the out-of-home placement and issues
 1119  subsequently identified have been remedied to the extent that
 1120  the return of the child to the home of the other parent with an
 1121  in-home safety plan prepared or approved by the department will
 1122  not be detrimental to the child of substantial compliance with
 1123  the terms of the case plan, the standard shall be that the
 1124  safety, well-being, and physical, mental, and emotional health
 1125  of the child would not be endangered by reunification and that
 1126  reunification would be in the best interest of the child.
 1127         Section 14. Effective January 1, 2018, section 39.523,
 1128  Florida Statutes, is amended to read:
 1129         (Substantial rewording of section. See
 1130         s. 39.523, F.S., for present text.)
 1131         39.523Placement in out-of-home care.—
 1132         (1)LEGISLATIVE FINDINGS AND INTENT.—
 1133         (a)The Legislature finds that it is a basic tenet of child
 1134  welfare practice and the law that a child be placed in the least
 1135  restrictive, most family-like setting available in close
 1136  proximity to the home of his or her parents which meets the
 1137  needs of the child, and that a child be placed in a permanent
 1138  home in a timely manner.
 1139         (b)The Legislature also finds that there is an association
 1140  between placements that do not meet the needs of the child and
 1141  adverse outcomes for the child, that mismatching placements to
 1142  children’s needs has been identified as a factor that negatively
 1143  impacts placement stability, and that identifying the right
 1144  placement for each child requires effective assessment.
 1145         (c)It is the intent of the Legislature that whenever a
 1146  child is unable to safely remain at home with a parent, the most
 1147  appropriate available out-of-home placement shall be chosen
 1148  after an assessment of the child’s needs and the availability of
 1149  caregivers qualified to meet the child’s needs.
 1150         (2)ASSESSMENT AND PLACEMENT.—When any child is removed
 1151  from a home and placed into out-of-home care, a comprehensive
 1152  placement assessment process shall be completed to determine the
 1153  level of care needed by the child and match the child with the
 1154  most appropriate placement.
 1155         (a)The community-based care lead agency or sub-contracted
 1156  agency with the responsibility for assessment and placement must
 1157  coordinate a multi-disciplinary team staffing with any available
 1158  individual currently involved with the child including, but not
 1159  limited to, a representative from the department and the case
 1160  manager for the child; a therapist, attorney ad-litem, guardian
 1161  ad litem, teachers, coaches, Children’s Medical Services; and
 1162  other community providers of services to the child or
 1163  stakeholders as applicable. The team may also include clergy,
 1164  relatives, and fictive kin if appropriate. Team participants
 1165  must gather data and information on the child which is known at
 1166  the time including, but not limited to:
 1167         1.Mental, medical, behavioral health, and medication
 1168  history;
 1169         2.Community ties and school placement;
 1170         3.Current placement decisions relating to any siblings;
 1171         4.Alleged type of abuse or neglect including sexual abuse
 1172  and trafficking history; and
 1173         5.The child’s age, maturity, strengths, hobbies or
 1174  activities, and the child’s preference for placement.
 1175         (b)The comprehensive placement assessment process may also
 1176  include the use of an assessment instrument or tool that is best
 1177  suited for the individual child.
 1178         (c)The most appropriate available out-of-home placement
 1179  shall be chosen after consideration by all members of the multi
 1180  disciplinary team of all of the information and data gathered,
 1181  including the results and recommendations of any evaluations
 1182  conducted.
 1183         (d)Placement decisions for each child in out-of-home
 1184  placement shall be reviewed as often as necessary to ensure
 1185  permanency for that child and address special issues related to
 1186  this population of children.
 1187         (e)The department, a sheriff’s office acting under s.
 1188  39.3065, a community-based care lead agency, or a case
 1189  management organization must document all placement assessments
 1190  and placement decisions in the Florida Safe Families Network.
 1191         (f)If it is determined during the comprehensive placement
 1192  assessment process that residential treatment as defined in s.
 1193  39.407 would be suitable for the child, the procedures in that
 1194  section must be followed.
 1195         (3) JUDICIAL REVIEW.—At each judicial review, the court
 1196  shall consider the results of the assessment, the placement
 1197  decision made for the child, and services provided to the child
 1198  as required under s. 39.701.
 1199         (4) DATA COLLECTION.—The department shall collect the
 1200  following information by community-based care lead agencies and
 1201  post it on the Department of Children and Families’ website. The
 1202  information is to be updated on January 1 and July 1 of each
 1203  year.
 1204         (a)The number of children placed with relatives and
 1205  nonrelatives, in family foster homes, and in residential group
 1206  care.
 1207         (b)An inventory of available services that are necessary
 1208  to maintain children in the least restrictive setting that meets
 1209  the needs of the child and a plan for filling any identified gap
 1210  in those services.
 1211         (c)The number of children who were placed based upon the
 1212  assessment.
 1213         (d)An inventory of existing placements for children by
 1214  type and by community-based care lead agency.
 1215         (e)The strategies being used by community-based care lead
 1216  agencies to recruit, train, and support an adequate number of
 1217  families to provide home-based family care.
 1218         (5) RULEMAKING.—The department may adopt rules to implement
 1219  this section.
 1220         Section 15. Subsection (1) of section 39.6011, Florida
 1221  Statutes, is amended to read:
 1222         39.6011 Case plan development.—
 1223         (1) The department shall prepare a draft of the case plan
 1224  for each child receiving services under this chapter. A parent
 1225  of a child may not be threatened or coerced with the loss of
 1226  custody or parental rights for failing to admit in the case plan
 1227  of abusing, neglecting, or abandoning a child. Participating in
 1228  the development of a case plan is not an admission to any
 1229  allegation of abuse, abandonment, or neglect, and it is not a
 1230  consent to a finding of dependency or termination of parental
 1231  rights. The case plan shall be developed subject to the
 1232  following requirements:
 1233         (a) The case plan must be developed in a face-to-face
 1234  conference with the parent of the child, any court-appointed
 1235  guardian ad litem, and, if appropriate, the child and the
 1236  temporary custodian of the child.
 1237         (b) Notwithstanding s. 39.202, the department may discuss
 1238  confidential information during the case planning conference in
 1239  the presence of individuals who participate in the conference.
 1240  All individuals who participate in the conference shall maintain
 1241  the confidentiality of all information shared during the case
 1242  planning conference.
 1243         (c)(b) The parent may receive assistance from any person or
 1244  social service agency in preparing the case plan. The social
 1245  service agency, the department, and the court, when applicable,
 1246  shall inform the parent of the right to receive such assistance,
 1247  including the right to assistance of counsel.
 1248         (d)(c) If a parent is unwilling or unable to participate in
 1249  developing a case plan, the department shall document that
 1250  unwillingness or inability to participate. The documentation
 1251  must be provided in writing to the parent when available for the
 1252  court record, and the department shall prepare a case plan
 1253  conforming as nearly as possible with the requirements set forth
 1254  in this section. The unwillingness or inability of the parent to
 1255  participate in developing a case plan does not preclude the
 1256  filing of a petition for dependency or for termination of
 1257  parental rights. The parent, if available, must be provided a
 1258  copy of the case plan and be advised that he or she may, at any
 1259  time before the filing of a petition for termination of parental
 1260  rights, enter into a case plan and that he or she may request
 1261  judicial review of any provision of the case plan with which he
 1262  or she disagrees at any court hearing set for the child.
 1263         Section 16. Subsection (1) of section 39.6012, Florida
 1264  Statutes, is amended to read:
 1265         39.6012 Case plan tasks; services.—
 1266         (1) The services to be provided to the parent and the tasks
 1267  that must be completed are subject to the following:
 1268         (a) The services described in the case plan must be
 1269  designed to improve the conditions in the home and aid in
 1270  maintaining the child in the home, facilitate the child’s safe
 1271  return to the home, ensure proper care of the child, or
 1272  facilitate the child’s permanent placement. The services offered
 1273  must be the least intrusive possible into the life of the parent
 1274  and child, must focus on clearly defined objectives, and must
 1275  provide the most efficient path to quick reunification or
 1276  permanent placement given the circumstances of the case and the
 1277  child’s need for safe and proper care.
 1278         (b) The case plan must describe each of the tasks with
 1279  which the parent must comply and the services to be provided to
 1280  the parent, specifically addressing the identified problem,
 1281  including:
 1282         1. The type of services or treatment.
 1283         2. The date the department will provide each service or
 1284  referral for the service if the service is being provided by the
 1285  department or its agent.
 1286         3. The date by which the parent must complete each task.
 1287         4. The frequency of services or treatment provided. The
 1288  frequency of the delivery of services or treatment provided
 1289  shall be determined by the professionals providing the services
 1290  or treatment on a case-by-case basis and adjusted according to
 1291  their best professional judgment.
 1292         5. The location of the delivery of the services.
 1293         6. The staff of the department or service provider
 1294  accountable for the services or treatment.
 1295         7. A description of the measurable objectives, including
 1296  the timeframes specified for achieving the objectives of the
 1297  case plan and addressing the identified problem.
 1298         (c)If there is evidence of harm as defined in s.
 1299  39.01(30)(g), the case plan must include as a required task for
 1300  the parent whose actions caused the harm that the parent submit
 1301  to a substance abuse disorder assessment or evaluation and
 1302  participate and comply with treatment and services identified in
 1303  the assessment or evaluation as being necessary.
 1304         Section 17. Subsection (4) of section 39.6035, Florida
 1305  Statutes, is amended to read:
 1306         39.6035 Transition plan.—
 1307         (4) If a child is planning to leave care upon reaching 18
 1308  years of age, The transition plan must be approved by the court
 1309  before the child’s 18th birthday and must be attached to the
 1310  case plan and updated before each judicial review child leaves
 1311  care and the court terminates jurisdiction.
 1312         Section 18. Present subsections (2) through (11) of section
 1313  39.621, Florida Statutes, are redesignated as subsections (3)
 1314  through (12), respectively, and a new subsection (2) is added to
 1315  that section, to read:
 1316         39.621 Permanency determination by the court.—
 1317         (2) The permanency goal of maintaining and strengthening
 1318  the placement with a parent may be used in all of the following
 1319  circumstances:
 1320         (a) If a child has not been removed from a parent, even if
 1321  adjudication of dependency is withheld, the court may leave the
 1322  child in the current placement with maintaining and
 1323  strengthening the placement as a permanency option.
 1324         (b) If a child has been removed from a parent and is placed
 1325  with the parent from whom the child was not removed, the court
 1326  may leave the child in the placement with the parent from whom
 1327  the child was not removed with maintaining and strengthening the
 1328  placement as a permanency option.
 1329         (c) If a child has been removed from a parent and is
 1330  subsequently reunified with that parent, the court may leave the
 1331  child with that parent with maintaining and strengthening the
 1332  placement as a permanency option.
 1333         Section 19. Subsection (7) is added to section 39.6221,
 1334  Florida Statutes, to read:
 1335         39.6221 Permanent guardianship of a dependent child.—
 1336         (7)The requirements of s. 61.13001 do not apply to
 1337  permanent guardianships established under this section.
 1338         Section 20. Paragraph (h) is added to subsection (1) of
 1339  section 39.701, Florida Statutes, to read:
 1340         39.701 Judicial review.—
 1341         (1) GENERAL PROVISIONS.—
 1342         (h) If a child is born into a family that is under the
 1343  court’s jurisdiction or a child moves into a home that is under
 1344  the court’s jurisdiction, the department shall assess the
 1345  child’s safety and provide notice to the court.
 1346         1. The department shall complete an assessment to determine
 1347  how the addition of a child will impact family functioning. The
 1348  assessment must be completed at least 30 days before a child is
 1349  expected to be born or to move into a home, or within 72 hours
 1350  after the department learns of the pregnancy or addition if the
 1351  child is expected to be born or to move into the home in less
 1352  than 30 days. The assessment shall be filed with the court.
 1353         2. Once a child is born into a family or a child moves into
 1354  the home, the department shall complete a progress update and
 1355  file it with the court.
 1356         3. The court has the discretion to hold a hearing on the
 1357  progress update filed by the department.
 1358         Section 21. Subsection (3) of section 39.801, Florida
 1359  Statutes, is amended to read:
 1360         39.801 Procedures and jurisdiction; notice; service of
 1361  process.—
 1362         (3) Before the court may terminate parental rights, in
 1363  addition to the other requirements set forth in this part, the
 1364  following requirements must be met:
 1365         (a) Notice of the date, time, and place of the advisory
 1366  hearing for the petition to terminate parental rights and a copy
 1367  of the petition must be personally served upon the following
 1368  persons, specifically notifying them that a petition has been
 1369  filed:
 1370         1. The parents of the child.
 1371         2. The legal custodians of the child.
 1372         3. If the parents who would be entitled to notice are dead
 1373  or unknown, a living relative of the child, unless upon diligent
 1374  search and inquiry no such relative can be found.
 1375         4. Any person who has physical custody of the child.
 1376         5. Any grandparent entitled to priority for adoption under
 1377  s. 63.0425.
 1378         6. Any prospective parent who has been identified under s.
 1379  39.503 or s. 39.803, unless a court order has been entered
 1380  pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which
 1381  indicates no further notice is required. Except as otherwise
 1382  provided in this section, if there is not a legal father, notice
 1383  of the petition for termination of parental rights must be
 1384  provided to any known prospective father who is identified under
 1385  oath before the court or who is identified by a diligent search
 1386  of the Florida Putative Father Registry. Service of the notice
 1387  of the petition for termination of parental rights is not
 1388  required if the prospective father executes an affidavit of
 1389  nonpaternity or a consent to termination of his parental rights
 1390  which is accepted by the court after notice and opportunity to
 1391  be heard by all parties to address the best interests of the
 1392  child in accepting such affidavit.
 1393         7. The guardian ad litem for the child or the
 1394  representative of the guardian ad litem program, if the program
 1395  has been appointed.
 1396  
 1397  The document containing the notice to respond or appear must
 1398  contain, in type at least as large as the type in the balance of
 1399  the document, the following or substantially similar language:
 1400  “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING
 1401  CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF
 1402  THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND
 1403  TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE
 1404  CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS
 1405  NOTICE.”
 1406         (b) If a party required to be served with notice as
 1407  prescribed in paragraph (a) cannot be served, notice of hearings
 1408  must be given as prescribed by the rules of civil procedure, and
 1409  service of process must be made as specified by law or civil
 1410  actions.
 1411         (c) Notice as prescribed by this section may be waived, in
 1412  the discretion of the judge, with regard to any person to whom
 1413  notice must be given under this subsection if the person
 1414  executes, before two witnesses and a notary public or other
 1415  officer authorized to take acknowledgments, a written surrender
 1416  of the child to a licensed child-placing agency or the
 1417  department.
 1418         (d) If the person served with notice under this section
 1419  fails to personally appear at the advisory hearing, the failure
 1420  to personally appear shall constitute consent for termination of
 1421  parental rights by the person given notice. If a parent appears
 1422  for the advisory hearing and the court orders that parent to
 1423  personally appear at the adjudicatory hearing for the petition
 1424  for termination of parental rights, stating the date, time, and
 1425  location of said hearing, then failure of that parent to
 1426  personally appear at the adjudicatory hearing shall constitute
 1427  consent for termination of parental rights.
 1428         Section 22. Section 39.803, Florida Statutes, is amended to
 1429  read:
 1430         39.803 Identity or location of parent unknown after filing
 1431  of termination of parental rights petition; special procedures.—
 1432         (1) If the identity or location of a parent is unknown and
 1433  a petition for termination of parental rights is filed, the
 1434  court shall conduct under oath the following inquiry of the
 1435  parent who is available, or, if no parent is available, of any
 1436  relative, caregiver, or legal custodian of the child who is
 1437  present at the hearing and likely to have the information:
 1438         (a) Whether the mother of the child was married at the
 1439  probable time of conception of the child or at the time of birth
 1440  of the child.
 1441         (b) Whether the mother was cohabiting with a male at the
 1442  probable time of conception of the child.
 1443         (c) Whether the mother has received payments or promises of
 1444  support with respect to the child or because of her pregnancy
 1445  from a man who claims to be the father.
 1446         (d) Whether the mother has named any man as the father on
 1447  the birth certificate of the child or in connection with
 1448  applying for or receiving public assistance.
 1449         (e) Whether any man has acknowledged or claimed paternity
 1450  of the child in a jurisdiction in which the mother resided at
 1451  the time of or since conception of the child, or in which the
 1452  child has resided or resides.
 1453         (f) Whether a man is named on the birth certificate of the
 1454  child pursuant to s. 382.013(2).
 1455         (g) Whether a man has been determined by a court order to
 1456  be the father of the child.
 1457         (h) Whether a man has been determined to be the father of
 1458  the child by the Department of Revenue as provided in s.
 1459  409.256.
 1460         (2) The information required in subsection (1) may be
 1461  supplied to the court or the department in the form of a sworn
 1462  affidavit by a person having personal knowledge of the facts.
 1463         (3) If the inquiry under subsection (1) identifies any
 1464  person as a parent or prospective parent, the court shall
 1465  require notice of the hearing to be provided to that person.
 1466         (4) If the inquiry under subsection (1) fails to identify
 1467  any person as a parent or prospective parent, the court shall so
 1468  find and may proceed without further notice.
 1469         (5) If the inquiry under subsection (1) identifies a parent
 1470  or prospective parent, and that person’s location is unknown,
 1471  the court shall direct the petitioner to conduct a diligent
 1472  search for that person before scheduling an adjudicatory hearing
 1473  regarding the petition for termination of parental rights to the
 1474  child unless the court finds that the best interest of the child
 1475  requires proceeding without actual notice to the person whose
 1476  location is unknown.
 1477         (6) The diligent search required by subsection (5) must
 1478  include, at a minimum, inquiries of all known relatives of the
 1479  parent or prospective parent, inquiries of all offices of
 1480  program areas of the department likely to have information about
 1481  the parent or prospective parent, inquiries of other state and
 1482  federal agencies likely to have information about the parent or
 1483  prospective parent, inquiries of appropriate utility and postal
 1484  providers, a thorough search of at least one electronic database
 1485  specifically designed for locating persons, a search of the
 1486  Florida Putative Father Registry, and inquiries of appropriate
 1487  law enforcement agencies. Pursuant to s. 453 of the Social
 1488  Security Act, 42 U.S.C. s. 653(c)(4), the department, as the
 1489  state agency administering Titles IV-B and IV-E of the act,
 1490  shall be provided access to the federal and state parent locator
 1491  service for diligent search activities.
 1492         (7) Any agency contacted by petitioner with a request for
 1493  information pursuant to subsection (6) shall release the
 1494  requested information to the petitioner without the necessity of
 1495  a subpoena or court order.
 1496         (8) If the inquiry and diligent search identifies a
 1497  prospective parent, that person must be given the opportunity to
 1498  become a party to the proceedings by completing a sworn
 1499  affidavit of parenthood and filing it with the court or the
 1500  department. A prospective parent who files a sworn affidavit of
 1501  parenthood while the child is a dependent child but no later
 1502  than at the time of or before prior to the adjudicatory hearing
 1503  in the termination of parental rights proceeding for the child
 1504  shall be considered a parent for all purposes under this
 1505  section.
 1506         (9) If the diligent search under subsection (5) fails to
 1507  identify and locate a prospective parent, the court shall so
 1508  find and may proceed without further notice.
 1509         Section 23. Paragraph (l) of subsection (1) of section
 1510  39.806, Florida Statutes, is amended, and subsections (2) and
 1511  (3) of that section are republished, to read:
 1512         39.806 Grounds for termination of parental rights.—
 1513         (1) Grounds for the termination of parental rights may be
 1514  established under any of the following circumstances:
 1515         (l) On three or more occasions the child or another child
 1516  of the parent or parents has been placed in out-of-home care
 1517  pursuant to this chapter or the law of any state, territory, or
 1518  jurisdiction of the United States which is substantially similar
 1519  to this chapter, and the conditions that led to the child’s out
 1520  of-home placement were caused by the parent or parents.
 1521         (2) Reasonable efforts to preserve and reunify families are
 1522  not required if a court of competent jurisdiction has determined
 1523  that any of the events described in paragraphs (1)(b)-(d) or
 1524  paragraphs (1)(f)-(m) have occurred.
 1525         (3) If a petition for termination of parental rights is
 1526  filed under subsection (1), a separate petition for dependency
 1527  need not be filed and the department need not offer the parents
 1528  a case plan having a goal of reunification, but may instead file
 1529  with the court a case plan having a goal of termination of
 1530  parental rights to allow continuation of services until the
 1531  termination is granted or until further orders of the court are
 1532  issued.
 1533         Section 24. Subsection (6) of section 39.811, Florida
 1534  Statutes, is amended to read:
 1535         39.811 Powers of disposition; order of disposition.—
 1536         (6) The parental rights of one parent may be severed
 1537  without severing the parental rights of the other parent only
 1538  under the following circumstances:
 1539         (a) If the child has only one surviving parent;
 1540         (b) If the identity of a prospective parent has been
 1541  established as unknown after sworn testimony;
 1542         (c) If the parent whose rights are being terminated became
 1543  a parent through a single-parent adoption;
 1544         (d) If the protection of the child demands termination of
 1545  the rights of a single parent; or
 1546         (e) If the parent whose rights are being terminated meets
 1547  any of the criteria specified in s. 39.806(1)(c), (d), (f), (g),
 1548  (h), (i), (j), (k), (l), (m), or (n) and (f)-(m).
 1549         Section 25. Paragraph (b) of subsection (4) of section
 1550  125.901, Florida Statutes, is amended to read:
 1551         125.901 Children’s services; independent special district;
 1552  council; powers, duties, and functions; public records
 1553  exemption.—
 1554         (4)
 1555         (b)1.a. Notwithstanding paragraph (a), the governing body
 1556  of the county shall submit the question of retention or
 1557  dissolution of a district with voter-approved taxing authority
 1558  to the electorate in the general election according to the
 1559  following schedule:
 1560         (I) For a district in existence on July 1, 2010, and
 1561  serving a county with a population of 400,000 or fewer persons
 1562  as of that date............................................2014.
 1563         (II) For a district in existence on July 1, 2010, and
 1564  serving a county with a population of 2 million or more persons
 1565  as of that date, unless the governing body of the county has
 1566  previously submitted such question voluntarily to the electorate
 1567  for a second time since 2005,..............................2020.
 1568         b. A referendum by the electorate on or after July 1, 2010,
 1569  creating a new district with taxing authority may specify that
 1570  the district is not subject to reauthorization or may specify
 1571  the number of years for which the initial authorization shall
 1572  remain effective. If the referendum does not prescribe terms of
 1573  reauthorization, the governing body of the county shall submit
 1574  the question of retention or dissolution of the district to the
 1575  electorate in the general election 12 years after the initial
 1576  authorization.
 1577         2. The governing body of the district may specify, and
 1578  submit to the governing body of the county no later than 9
 1579  months before the scheduled election, that the district is not
 1580  subsequently subject to reauthorization or may specify the
 1581  number of years for which a reauthorization under this paragraph
 1582  shall remain effective. If the governing body of the district
 1583  makes such specification and submission, the governing body of
 1584  the county shall include that information in the question
 1585  submitted to the electorate. If the governing body of the
 1586  district does not specify and submit such information, the
 1587  governing body of the county shall resubmit the question of
 1588  reauthorization to the electorate every 12 years after the year
 1589  prescribed in subparagraph 1. The governing body of the district
 1590  may recommend to the governing body of the county language for
 1591  the question submitted to the electorate.
 1592         3. Nothing in this paragraph limits the authority to
 1593  dissolve a district as provided under paragraph (a).
 1594         4. Nothing in this paragraph precludes the governing body
 1595  of a district from requesting that the governing body of the
 1596  county submit the question of retention or dissolution of a
 1597  district with voter-approved taxing authority to the electorate
 1598  at a date earlier than the year prescribed in subparagraph 1. If
 1599  the governing body of the county accepts the request and submits
 1600  the question to the electorate, the governing body satisfies the
 1601  requirement of that subparagraph.
 1602  
 1603  If any district is dissolved pursuant to this subsection, each
 1604  county must first obligate itself to assume the debts,
 1605  liabilities, contracts, and outstanding obligations of the
 1606  district within the total millage available to the county
 1607  governing body for all county and municipal purposes as provided
 1608  for under s. 9, Art. VII of the State Constitution. Any district
 1609  may also be dissolved pursuant to part VII of chapter 189.
 1610         Section 26. Paragraphs (g) and (h) of subsection (2) of
 1611  section 394.463, Florida Statutes, are amended to read:
 1612         394.463 Involuntary examination.—
 1613         (2) INVOLUNTARY EXAMINATION.—
 1614         (g) The examination period must be for up to 72 hours. For
 1615  a minor, the examination shall be initiated within 12 hours
 1616  after the patient’s arrival at the facility. Within the 72-hour
 1617  examination period or, if the examination period 72 hours ends
 1618  on a weekend or holiday, no later than the next working day
 1619  thereafter, one of the following actions must be taken, based on
 1620  the individual needs of the patient:
 1621         1. The patient shall be released, unless he or she is
 1622  charged with a crime, in which case the patient shall be
 1623  returned to the custody of a law enforcement officer;
 1624         2. The patient shall be released, subject to the provisions
 1625  of subparagraph 1., for voluntary outpatient treatment;
 1626         3. The patient, unless he or she is charged with a crime,
 1627  shall be asked to give express and informed consent to placement
 1628  as a voluntary patient and, if such consent is given, the
 1629  patient shall be admitted as a voluntary patient; or
 1630         4. A petition for involuntary services shall be filed in
 1631  the circuit court if inpatient treatment is deemed necessary or
 1632  with the criminal county court, as defined in s. 394.4655(1), as
 1633  applicable. When inpatient treatment is deemed necessary, the
 1634  least restrictive treatment consistent with the optimum
 1635  improvement of the patient’s condition shall be made available.
 1636  When a petition is to be filed for involuntary outpatient
 1637  placement, it shall be filed by one of the petitioners specified
 1638  in s. 394.4655(4)(a). A petition for involuntary inpatient
 1639  placement shall be filed by the facility administrator.
 1640         (h) A person for whom an involuntary examination has been
 1641  initiated who is being evaluated or treated at a hospital for an
 1642  emergency medical condition specified in s. 395.002 must be
 1643  examined by a facility within the examination period specified
 1644  in paragraph (g) 72 hours. The examination 72-hour period begins
 1645  when the patient arrives at the hospital and ceases when the
 1646  attending physician documents that the patient has an emergency
 1647  medical condition. If the patient is examined at a hospital
 1648  providing emergency medical services by a professional qualified
 1649  to perform an involuntary examination and is found as a result
 1650  of that examination not to meet the criteria for involuntary
 1651  outpatient services pursuant to s. 394.4655(2) or involuntary
 1652  inpatient placement pursuant to s. 394.467(1), the patient may
 1653  be offered voluntary services or placement, if appropriate, or
 1654  released directly from the hospital providing emergency medical
 1655  services. The finding by the professional that the patient has
 1656  been examined and does not meet the criteria for involuntary
 1657  inpatient services or involuntary outpatient placement must be
 1658  entered into the patient’s clinical record. This paragraph is
 1659  not intended to prevent a hospital providing emergency medical
 1660  services from appropriately transferring a patient to another
 1661  hospital before stabilization if the requirements of s.
 1662  395.1041(3)(c) have been met.
 1663         Section 27. (1)There is created a task force within the
 1664  Department of Children and Families to address the issue of
 1665  involuntary examinations under s. 394.463, Florida Statutes, of
 1666  children age 17 years and younger. The task force shall, at a
 1667  minimum, analyze data on the initiation of involuntary
 1668  examinations of children, research the root causes of any trends
 1669  in such involuntary examinations, identify and evaluate options
 1670  for expediting examinations for children, and identify
 1671  recommendations for encouraging alternatives to and eliminating
 1672  inappropriate initiations of such examinations. The task force
 1673  shall submit a report of its findings to the Governor, the
 1674  President of the Senate, and the Speaker of the House of
 1675  Representatives on or before November 15, 2017.
 1676         (2) The Secretary of Children and Families or his or her
 1677  designee shall chair the task force, which shall consist of the
 1678  following members appointed by the secretary:
 1679         (a)The Commissioner of Education or his or her designee.
 1680         (b)A representative of the Florida Public Defender
 1681  Association.
 1682         (c)A representative of the Florida Association of District
 1683  School Superintendents.
 1684         (d)A representative of the Florida Sheriffs Association.
 1685         (e)A representative of the Florida Police Chiefs
 1686  Association.
 1687         (f)A representative of the Florida Council for Community
 1688  Mental Health.
 1689         (g)A representative of the Florida Alcohol and Drug Abuse
 1690  Association.
 1691         (h)A representative of the Behavioral Health Care Council
 1692  of the Florida Hospital Association.
 1693         (i)A representative of the Florida Psychiatric Society.
 1694         (j)A representative of the National Alliance on Mental
 1695  Illness.
 1696         (k)One individual who is a family member of a minor who
 1697  has been subject to an involuntary examination.
 1698         (l)Other members as deemed appropriate by the Secretary of
 1699  Children and Families.
 1700         (3)The department shall use existing and available
 1701  resources to administer and support the activities of the task
 1702  force. Members of the task force shall serve without
 1703  compensation and are not entitled to reimbursement for per diem
 1704  or travel expense. The task force may conduct its meetings by
 1705  teleconference.
 1706         (4)This section expires March 31, 2018.
 1707         Section 28. Paragraph (g) of subsection (4) of section
 1708  395.3025, Florida Statutes, is amended, and subsection (8) of
 1709  that section is republished, to read:
 1710         395.3025 Patient and personnel records; copies;
 1711  examination.—
 1712         (4) Patient records are confidential and must not be
 1713  disclosed without the consent of the patient or his or her legal
 1714  representative, but appropriate disclosure may be made without
 1715  such consent to:
 1716         (g) The Department of Children and Families, or its agent,
 1717  or its contracted entity, for the purpose of investigations of
 1718  or services for cases of abuse, neglect, or exploitation of
 1719  children or vulnerable adults.
 1720         (8) Patient records at hospitals and ambulatory surgical
 1721  centers are exempt from disclosure under s. 119.07(1), except as
 1722  provided by subsections (1)-(5).
 1723         Section 29. Subsections (2) and (6) of section 402.40,
 1724  Florida Statutes, are amended to read:
 1725         402.40 Child welfare training and certification.—
 1726         (2) DEFINITIONS.—As used in this section, the term:
 1727         (a) “Child welfare certification” means a professional
 1728  credential awarded by a department-approved third-party
 1729  credentialing entity to individuals demonstrating core
 1730  competency in any child welfare practice area.
 1731         (b) “Child welfare services” means any intake, protective
 1732  investigations, preprotective services, protective services,
 1733  foster care, shelter and group care, and adoption and related
 1734  services program, including supportive services and supervision
 1735  provided to children who are alleged to have been abused,
 1736  abandoned, or neglected or who are at risk of becoming, are
 1737  alleged to be, or have been found dependent pursuant to chapter
 1738  39.
 1739         (c)“Child welfare trainer” means any person providing
 1740  training for the purposes of child welfare professionals earning
 1741  certification.
 1742         (d)(c) “Core competency” means the minimum knowledge,
 1743  skills, and abilities necessary to carry out work
 1744  responsibilities.
 1745         (e)(d) “Person providing child welfare services” means a
 1746  person who has a responsibility for supervisory, direct care, or
 1747  support-related work in the provision of child welfare services
 1748  pursuant to chapter 39.
 1749         (f)(e) “Preservice curriculum” means the minimum statewide
 1750  training content based upon the core competencies which is made
 1751  available to all persons providing child welfare services.
 1752         (g)(f) “Third-party credentialing entity” means a
 1753  department-approved nonprofit organization that has met
 1754  nationally recognized standards for developing and administering
 1755  professional certification programs.
 1756         (6) ADOPTION OF RULES.—The Department of Children and
 1757  Families shall adopt rules necessary to carry out the provisions
 1758  of this section, including the requirements for child welfare
 1759  trainers.
 1760         Section 30. Section 409.16742, Florida Statutes, is created
 1761  to read:
 1762         409.16742 Shared family care residential services program
 1763  for substance-exposed newborns.—
 1764         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
 1765  that there is evidence that, with appropriate support and
 1766  training, some families can remain safely together without court
 1767  involvement or traumatic separations. Therefore, it is the
 1768  intent of the Legislature that alternative types of placement
 1769  options be available which provide both safety for substance
 1770  exposed newborns and an opportunity for parents recovering from
 1771  substance abuse disorders to achieve independence while living
 1772  together in a protective, nurturing family environment.
 1773         (2) ESTABLISHMENT OF PILOT PROGRAM.—The department shall
 1774  establish a shared family care residential services program to
 1775  serve substance-exposed newborns and their families through a
 1776  contract with the designated lead agency established in
 1777  accordance with s. 409.987 or with a private entity capable of
 1778  providing residential care that satisfies the requirements of
 1779  this section. The private entity or lead agency is responsible
 1780  for all programmatic functions necessary to carry out the intent
 1781  of this section. As used in this section, the term “shared
 1782  family care” means out-of-home care in which an entire family in
 1783  need is temporarily placed in the home of a family who is
 1784  trained to mentor and support the biological parents as they
 1785  develop the caring skills and supports necessary for independent
 1786  living.
 1787         (3) SERVICES.—The department shall specify services that
 1788  must be made available to newborns and their families through
 1789  the pilot program.
 1790         Section 31. Section 409.992, Florida Statutes, is amended
 1791  to read:
 1792         409.992 Lead agency expenditures.—
 1793         (1) The procurement of commodities or contractual services
 1794  by lead agencies shall be governed by the financial guidelines
 1795  developed by the department and must comply with applicable
 1796  state and federal law and follow good business practices.
 1797  Pursuant to s. 11.45, the Auditor General may provide technical
 1798  advice in the development of the financial guidelines.
 1799         (2) Notwithstanding any other provision of law, a
 1800  community-based care lead agency may make expenditures for staff
 1801  cellular telephone allowances, contracts requiring deferred
 1802  payments and maintenance agreements, security deposits for
 1803  office leases, related agency professional membership dues other
 1804  than personal professional membership dues, promotional
 1805  materials, and grant writing services. Expenditures for food and
 1806  refreshments, other than those provided to clients in the care
 1807  of the agency or to foster parents, adoptive parents, and
 1808  caseworkers during training sessions, are not allowable.
 1809         (3) Notwithstanding any other provision of law, a
 1810  community-based care lead agency administrative employee may not
 1811  receive a salary, whether base pay or base pay combined with any
 1812  bonus or incentive payments, in excess of 150 percent of the
 1813  annual salary paid to the secretary of the Department of
 1814  Children and Families from state-appropriated funds, including
 1815  state-appropriated federal funds. This subsection does not
 1816  prohibit any party from providing cash that is not from
 1817  appropriated state funds to a community-based care lead agency
 1818  administrative employee.
 1819         (4)(3) A lead community-based care agency and its
 1820  subcontractors are exempt from state travel policies as provided
 1821  in s. 112.061(3)(a) for their travel expenses incurred in order
 1822  to comply with the requirements of this section.
 1823         Section 32. Subsections (22) and (23) are added to section
 1824  409.996, Florida Statutes, to read:
 1825         409.996 Duties of the Department of Children and Families.
 1826  The department shall contract for the delivery, administration,
 1827  or management of care for children in the child protection and
 1828  child welfare system. In doing so, the department retains
 1829  responsibility for the quality of contracted services and
 1830  programs and shall ensure that services are delivered in
 1831  accordance with applicable federal and state statutes and
 1832  regulations.
 1833         (22)The department shall develop, in collaboration with
 1834  the Florida Institute for Child Welfare, lead agencies, service
 1835  providers, current and former foster children placed in
 1836  residential group care, and other community stakeholders, a
 1837  statewide accountability system for residential group care
 1838  providers based on measureable quality standards.
 1839         (a) The accountability system must:
 1840         1. Promote high quality in services and accommodations,
 1841  differentiating between shift and family-style models and
 1842  programs and services for children with specialized or
 1843  extraordinary needs, such as pregnant teens and children with
 1844  Department of Juvenile Justice involvement.
 1845         2. Include a quality measurement system with domains and
 1846  clearly defined levels of quality. The system must measure the
 1847  level of quality for each domain, using criteria that
 1848  residential group care providers must meet in order to achieve
 1849  each level of quality. Domains may include, but are not limited
 1850  to, admissions, service planning, treatment planning, living
 1851  environment, and program and service requirements. The system
 1852  may also consider outcomes 6 months and 12 months after a child
 1853  leaves the provider’s care. However, the system may not assign a
 1854  single summary rating to residential group care providers.
 1855         3. Consider the level of availability of trauma-informed
 1856  care and mental health and physical health services, providers’
 1857  engagement with the schools children in their care attend, and
 1858  opportunities for children’s involvement in extracurricular
 1859  activities.
 1860         (b) After development and implementation of the
 1861  accountability system in accordance with paragraph (a), the
 1862  department and each lead agency shall use the information from
 1863  the accountability system to promote enhanced quality in
 1864  residential group care within their respective areas of
 1865  responsibility. Such promotion may include, but is not limited
 1866  to, the use of incentives and ongoing contract monitoring
 1867  efforts.
 1868         (c) The department shall submit a report to the Governor,
 1869  the President of the Senate, and the Speaker of the House of
 1870  Representatives by October 1 of each year, with the first report
 1871  due October 1, 2017. The report must, at a minimum, include an
 1872  update on the development of a statewide accountability system
 1873  for residential group care providers and a plan for department
 1874  oversight and implementation of the statewide accountability
 1875  system. After implementation of the statewide accountability
 1876  system, the report must also include a description of the
 1877  system, including measures and any tools developed, a
 1878  description of how the information is being used by the
 1879  department and lead agencies, an assessment of placement of
 1880  children in residential group care using data from the
 1881  accountability system measures, and recommendations to further
 1882  improve quality in residential group care.
 1883         (d) The accountability system must be implemented by July
 1884  1, 2022.
 1885         (e) Nothing in this subsection impairs the department’s
 1886  licensure authority under s. 409.175.
 1887         (f) The department may adopt rules to administer this
 1888  subsection.
 1889         (23)(a) The department, in collaboration with the Florida
 1890  Institute for Child Welfare, shall convene a workgroup on foster
 1891  home quality. The workgroup, at a minimum, shall identify
 1892  measures of foster home quality, review current efforts by lead
 1893  agencies and subcontractors to enhance foster home quality,
 1894  identify barriers to the greater availability of high-quality
 1895  foster homes, and recommend additional strategies for assessing
 1896  the quality of foster homes and increasing the availability of
 1897  high-quality foster homes.
 1898         (b) The workgroup shall include representatives from the
 1899  department, the Florida Institute for Child Welfare, foster
 1900  parents, current and former foster children, foster parent
 1901  organizations, lead agencies, child-placing agencies, other
 1902  service providers, and others as determined by the department.
 1903         (c) The Florida Institute for Child Welfare shall provide
 1904  the workgroup with relevant research on, at a minimum, measures
 1905  of quality of foster homes; evidence-supported strategies to
 1906  increase the availability of high-quality foster homes, such as
 1907  those regarding recruitment, screening, training, retention, and
 1908  child placement; descriptions and results of quality improvement
 1909  efforts in other jurisdictions; and the root causes of placement
 1910  disruption.
 1911         (d) The department shall submit a report to the Governor,
 1912  the President of the Senate, and the Speaker of the House of
 1913  Representatives by November 15, 2017. The report shall, at a
 1914  minimum:
 1915         1. Describe the important dimensions of quality for foster
 1916  homes;
 1917         2. Describe the foster home quality enhancement efforts in
 1918  the state, including, but not limited to, recruitment,
 1919  retention, placement procedures, systems change, and quality
 1920  measurement programs, and any positive or negative results;
 1921         3. Identify barriers to the greater availability of high
 1922  quality foster homes;
 1923         4. Discuss available research regarding high-quality foster
 1924  homes; and
 1925         5. Present a plan for developing and implementing
 1926  strategies to increase the availability of high-quality foster
 1927  homes. The strategies shall address important elements of
 1928  quality, be based on available research, include both
 1929  qualitative and quantitative measures of quality, integrate with
 1930  the community-based care model, and be respectful of the privacy
 1931  and needs of foster parents. The plan shall recommend possible
 1932  instruments and measures and identify any changes to general law
 1933  or rule necessary for implementation.
 1934         Section 33. Paragraph (a) of subsection (7) of section
 1935  456.057, Florida Statutes, is amended to read:
 1936         456.057 Ownership and control of patient records; report or
 1937  copies of records to be furnished; disclosure of information.—
 1938         (7)(a) Except as otherwise provided in this section and in
 1939  s. 440.13(4)(c), such records may not be furnished to, and the
 1940  medical condition of a patient may not be discussed with, any
 1941  person other than the patient, the patient’s legal
 1942  representative, or other health care practitioners and providers
 1943  involved in the patient’s care or treatment, except upon written
 1944  authorization from the patient. However, such records may be
 1945  furnished without written authorization under the following
 1946  circumstances:
 1947         1. To any person, firm, or corporation that has procured or
 1948  furnished such care or treatment with the patient’s consent.
 1949         2. When compulsory physical examination is made pursuant to
 1950  Rule 1.360, Florida Rules of Civil Procedure, in which case
 1951  copies of the medical records shall be furnished to both the
 1952  defendant and the plaintiff.
 1953         3. In any civil or criminal action, unless otherwise
 1954  prohibited by law, upon the issuance of a subpoena from a court
 1955  of competent jurisdiction and proper notice to the patient or
 1956  the patient’s legal representative by the party seeking such
 1957  records.
 1958         4. For statistical and scientific research, provided the
 1959  information is abstracted in such a way as to protect the
 1960  identity of the patient or provided written permission is
 1961  received from the patient or the patient’s legal representative.
 1962         5. To a regional poison control center for purposes of
 1963  treating a poison episode under evaluation, case management of
 1964  poison cases, or compliance with data collection and reporting
 1965  requirements of s. 395.1027 and the professional organization
 1966  that certifies poison control centers in accordance with federal
 1967  law.
 1968         6.To the Department of Children and Families, its agent,
 1969  or its contracted entity, for the purpose of investigations of
 1970  or services for cases of abuse, neglect, or exploitation of
 1971  children or vulnerable adults.
 1972         Section 34. Section 409.141, Florida Statutes, is repealed.
 1973         Section 35. Section 409.1677, Florida Statutes, is
 1974  repealed.
 1975         Section 36. Section 743.067, Florida Statutes, is amended
 1976  to read:
 1977         743.067 Certified unaccompanied homeless youths.—
 1978         (1) For purposes of this section, an “unaccompanied
 1979  homeless youth” is an individual who is 16 years of age or older
 1980  and is:
 1981         (a) Found by a school district’s liaison for homeless
 1982  children and youths to be an unaccompanied homeless youth
 1983  eligible for services pursuant to the McKinney-Vento Homeless
 1984  Assistance Act, 42 U.S.C. ss. 11431-11435; or
 1985         (b) Believed to qualify as an unaccompanied homeless youth,
 1986  as that term is defined in the McKinney-Vento Homeless
 1987  Assistance Act, by:
 1988         1. The director of an emergency shelter program funded by
 1989  the United States Department of Housing and Urban Development,
 1990  or the director’s designee;
 1991         2. The director of a runaway or homeless youth basic center
 1992  or transitional living program funded by the United States
 1993  Department of Health and Human Services, or the director’s
 1994  designee; or
 1995         3. A clinical social worker licensed under chapter 491; or
 1996         4. A circuit court.
 1997         3.A continuum of care lead agency, or its designee.
 1998         (2)(a)The State Office on Homelessness within the
 1999  Department of Children and Families shall develop a standardized
 2000  form that must be used by the entities specified in subsection
 2001  (1) to certify qualifying unaccompanied homeless youth. The
 2002  front of the form must include the circumstances that qualify
 2003  the youth; the date the youth was certified; and the name,
 2004  title, and signature of the certifying individual. This section
 2005  must be reproduced in its entirety on the back of the form A
 2006  minor who qualifies as an unaccompanied homeless youth shall be
 2007  issued a written certificate documenting his or her status by
 2008  the appropriate individual as provided in subsection (1). The
 2009  certificate shall be issued on the official letterhead
 2010  stationery of the person making the determination and shall
 2011  include the date of the finding, a citation to this section, and
 2012  the signature of the individual making the finding.
 2013         (b) A certified unaccompanied homeless youth may use the
 2014  completed form to apply at no charge for an identification card
 2015  issued by the Department of Highway Safety and Motor Vehicles
 2016  pursuant to s. 322.051(9).
 2017         (c) A health care provider may accept the written
 2018  certificate as proof of the minor’s status as a certified an
 2019  unaccompanied homeless youth and may keep a copy of the
 2020  certificate in the youth’s medical file.
 2021         (3) A certified an unaccompanied homeless youth may:
 2022         (a) Petition the circuit court to have the disabilities of
 2023  nonage removed under s. 743.015. The youth shall qualify as a
 2024  person not required to prepay costs and fees as provided in s.
 2025  57.081. The court shall advance the cause on the calendar.
 2026         (b) Notwithstanding s. 394.4625(1), consent to medical,
 2027  dental, psychological, substance abuse, and surgical diagnosis
 2028  and treatment, including preventative care and care by a
 2029  facility licensed under chapter 394, chapter 395, or chapter 397
 2030  and any forensic medical examination for the purpose of
 2031  investigating any felony offense under chapter 784, chapter 787,
 2032  chapter 794, chapter 800, or chapter 827, for:
 2033         1. Himself or herself; or
 2034         2. His or her child, if the certified unaccompanied
 2035  homeless youth is unmarried, is the parent of the child, and has
 2036  actual custody of the child.
 2037         (4) This section does not affect the requirements of s.
 2038  390.01114.
 2039         Section 37. Paragraph (f) of subsection (1) of section
 2040  1009.25, Florida Statutes, is amended to read:
 2041         1009.25 Fee exemptions.—
 2042         (1) The following students are exempt from the payment of
 2043  tuition and fees, including lab fees, at a school district that
 2044  provides workforce education programs, Florida College System
 2045  institution, or state university:
 2046         (f) A student who lacks a fixed, regular, and adequate
 2047  nighttime residence or whose primary nighttime residence is a
 2048  public or private shelter designed to provide temporary
 2049  residence, a public or private transitional living program for
 2050  individuals intended to be institutionalized, or a public or
 2051  private place not designed for, or ordinarily used as, a regular
 2052  sleeping accommodation for human beings. This includes a student
 2053  who would otherwise meet the requirements of this paragraph, as
 2054  determined by a college or university, but for his or her
 2055  residence in college or university dormitory housing.
 2056         Section 38. Subsection (1) of section 39.524, Florida
 2057  Statutes, is amended to read:
 2058         39.524 Safe-harbor placement.—
 2059         (1) Except as provided in s. 39.407 or s. 985.801, a
 2060  dependent child 6 years of age or older who has been found to be
 2061  a victim of sexual exploitation as defined in s. 39.01(71)(g) s.
 2062  39.01(70)(g) must be assessed for placement in a safe house or
 2063  safe foster home as provided in s. 409.1678 using the initial
 2064  screening and assessment instruments provided in s. 409.1754(1).
 2065  If such placement is determined to be appropriate for the child
 2066  as a result of this assessment, the child may be placed in a
 2067  safe house or safe foster home, if one is available. However,
 2068  the child may be placed in another setting, if the other setting
 2069  is more appropriate to the child’s needs or if a safe house or
 2070  safe foster home is unavailable, as long as the child’s
 2071  behaviors are managed so as not to endanger other children
 2072  served in that setting.
 2073         Section 39. Paragraph (p) of subsection (4) of section
 2074  394.495, Florida Statutes, is amended to read:
 2075         394.495 Child and adolescent mental health system of care;
 2076  programs and services.—
 2077         (4) The array of services may include, but is not limited
 2078  to:
 2079         (p) Trauma-informed services for children who have suffered
 2080  sexual exploitation as defined in s. 39.01(71)(g) s.
 2081  39.01(70)(g).
 2082         Section 40. Paragraph (c) of subsection (1) and paragraphs
 2083  (a) and (b) of subsection (6) of section 409.1678, Florida
 2084  Statutes, are amended to read:
 2085         409.1678 Specialized residential options for children who
 2086  are victims of sexual exploitation.—
 2087         (1) DEFINITIONS.—As used in this section, the term:
 2088         (c) “Sexually exploited child” means a child who has
 2089  suffered sexual exploitation as defined in s. 39.01(71)(g) s.
 2090  39.01(70)(g) and is ineligible for relief and benefits under the
 2091  federal Trafficking Victims Protection Act, 22 U.S.C. ss. 7101
 2092  et seq.
 2093         (6) LOCATION INFORMATION.—
 2094         (a) Information about the location of a safe house, safe
 2095  foster home, or other residential facility serving victims of
 2096  sexual exploitation, as defined in s. 39.01(71)(g) s.
 2097  39.01(70)(g), which is held by an agency, as defined in s.
 2098  119.011, is confidential and exempt from s. 119.07(1) and s.
 2099  24(a), Art. I of the State Constitution. This exemption applies
 2100  to such confidential and exempt information held by an agency
 2101  before, on, or after the effective date of the exemption.
 2102         (b) Information about the location of a safe house, safe
 2103  foster home, or other residential facility serving victims of
 2104  sexual exploitation, as defined in s. 39.01(71)(g) s.
 2105  39.01(70)(g), may be provided to an agency, as defined in s.
 2106  119.011, as necessary to maintain health and safety standards
 2107  and to address emergency situations in the safe house, safe
 2108  foster home, or other residential facility.
 2109         Section 41. Subsection (5) of section 960.065, Florida
 2110  Statutes, is amended to read:
 2111         960.065 Eligibility for awards.—
 2112         (5) A person is not ineligible for an award pursuant to
 2113  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 2114  person is a victim of sexual exploitation of a child as defined
 2115  in s. 39.01(71)(g) s. 39.01(70)(g).
 2116         Section 42. Section 409.1679, Florida Statutes, is amended
 2117  to read:
 2118         409.1679 Additional requirements; reimbursement
 2119  methodology.—
 2120         (1) Each program established under s. 409.1676 ss. 409.1676
 2121  and 409.1677 must meet the following expectations, which must be
 2122  included in its contracts with the department or lead agency:
 2123         (a) No more than 10 percent of the children served may move
 2124  from one living environment to another, unless the child is
 2125  returned to family members or is moved, in accordance with the
 2126  treatment plan, to a less-restrictive setting. Each child must
 2127  have a comprehensive transitional plan that identifies the
 2128  child’s living arrangement upon leaving the program and specific
 2129  steps and services that are being provided to prepare for that
 2130  arrangement. Specific expectations as to the time period
 2131  necessary for the achievement of these permanency goals must be
 2132  included in the contract.
 2133         (b) Each child must receive a full academic year of
 2134  appropriate educational instruction. No more than 10 percent of
 2135  the children may be in more than one academic setting in an
 2136  academic year, unless the child is being moved, in accordance
 2137  with an educational plan, to a less-restrictive setting. Each
 2138  child must demonstrate academic progress and must be performing
 2139  at grade level or at a level commensurate with a valid academic
 2140  assessment.
 2141         (c) Siblings must be kept together in the same living
 2142  environment 100 percent of the time, unless that is determined
 2143  by the provider not to be in the children’s best interest. When
 2144  siblings are separated in placement, the decision must be
 2145  reviewed and approved by the court within 30 days.
 2146         (d) The program must experience a caregiver turnover rate
 2147  and an incidence of child runaway episodes which are at least 50
 2148  percent below the rates experienced in the rest of the state.
 2149         (e) In addition to providing a comprehensive assessment,
 2150  the program must provide, 100 percent of the time, any or all of
 2151  the following services that are indicated through the
 2152  assessment: residential care; transportation; behavioral health
 2153  services; recreational activities; clothing, supplies, and
 2154  miscellaneous expenses associated with caring for these
 2155  children; necessary arrangements for or provision of educational
 2156  services; and necessary and appropriate health and dental care.
 2157         (f) The children who are served in this program must be
 2158  satisfied with the services and living environment.
 2159         (g) The caregivers must be satisfied with the program.
 2160         (2) Notwithstanding the provisions of s. 409.141, The
 2161  Department of Children and Families shall fairly and reasonably
 2162  reimburse the programs established under s. 409.1676 ss.
 2163  409.1676 and 409.1677 based on a prospective per diem rate,
 2164  which must be specified annually in the General Appropriations
 2165  Act. Funding for these programs shall be made available from
 2166  resources appropriated and identified in the General
 2167  Appropriations Act.
 2168         Section 43. Subsection (11) of section 1002.3305, Florida
 2169  Statutes, is amended to read:
 2170         1002.3305 College-Preparatory Boarding Academy Pilot
 2171  Program for at-risk students.—
 2172         (11) STUDENT HOUSING.—Notwithstanding s. 409.176 ss.
 2173  409.1677(3)(d) and 409.176 or any other provision of law, an
 2174  operator may house and educate dependent, at-risk youth in its
 2175  residential school for the purpose of facilitating the mission
 2176  of the program and encouraging innovative practices.
 2177         Section 44. For the purpose of incorporating the amendment
 2178  made by this act to section 456.057, Florida Statutes, in a
 2179  reference thereto, subsection (2) of section 483.181, Florida
 2180  Statutes, is reenacted to read:
 2181         483.181 Acceptance, collection, identification, and
 2182  examination of specimens.—
 2183         (2) The results of a test must be reported directly to the
 2184  licensed practitioner or other authorized person who requested
 2185  it, and appropriate disclosure may be made by the clinical
 2186  laboratory without a patient’s consent to other health care
 2187  practitioners and providers involved in the care or treatment of
 2188  the patient as specified in s. 456.057(7)(a). The report must
 2189  include the name and address of the clinical laboratory in which
 2190  the test was actually performed, unless the test was performed
 2191  in a hospital laboratory and the report becomes an integral part
 2192  of the hospital record.
 2193         Section 45. The sum of $250,000 from nonrecurring general
 2194  revenue is appropriated to the Department of Children and
 2195  Families the 2017-2018 fiscal year for the purpose of
 2196  implementing a shared family care residential services pilot
 2197  program to serve substance-exposed newborns and their families
 2198  pursuant to s. 409.16742, Florida Statutes.
 2199         Section 46. Except as otherwise expressly provided in this
 2200  act, this act shall take effect July 1, 2017.
 2201  
 2202  ================= T I T L E  A M E N D M E N T ================
 2203  And the title is amended as follows:
 2204         Delete everything before the enacting clause
 2205  and insert:
 2206                        A bill to be entitled                      
 2207         An act relating to child welfare; amending s.
 2208         395.1055, F.S.; requiring the Agency for Health Care
 2209         Administration to establish a technical advisory panel
 2210         to develop procedures and standards for measuring
 2211         outcomes of pediatric cardiac catheterization programs
 2212         and pediatric open-heart surgery programs; providing
 2213         for the membership of the technical advisory panel;
 2214         requiring the agency to develop and adopt rules for
 2215         pediatric cardiac catheterization programs and
 2216         pediatric open-heart surgery programs based on
 2217         recommendations of the technical advisory panel;
 2218         providing for future repeal of the advisory panel;
 2219         amending s. 39.01, F.S.; defining the term “legal
 2220         father”; redefining the terms “parent” and “permanency
 2221         goal”; amending s. 39.013, F.S.; extending court
 2222         jurisdiction to 22 years of age for young adults with
 2223         disabilities in foster care; amending s. 39.202, F.S.;
 2224         providing that confidential records held by the
 2225         Department of Children and Families concerning reports
 2226         of child abandonment, abuse, or neglect, including
 2227         reports made to the central abuse hotline and all
 2228         records generated as a result of such reports, may be
 2229         accessed for employment screening of residential group
 2230         home caregivers; changing the time period for the
 2231         release of records to certain individuals; amending s.
 2232         39.301, F.S.; requiring a safety plan to be issued for
 2233         a perpetrator of domestic violence only if the
 2234         perpetrator can be located; specifying what
 2235         constitutes reasonable efforts; requiring that a child
 2236         new to a family under investigation be added to the
 2237         investigation and assessed for safety; amending s.
 2238         39.302, F.S.; conforming a cross-reference; providing
 2239         that central abuse hotline information may be used for
 2240         certain employment screenings; amending s. 39.402,
 2241         F.S.; requiring a court to inquire as to the identity
 2242         and location of a child’s legal father at the shelter
 2243         hearing; specifying the types of information that fall
 2244         within the scope of such inquiry; amending s. 39.503,
 2245         F.S.; requiring a court to conduct under oath the
 2246         inquiry to determine the identity or location of an
 2247         unknown parent; requiring a court to seek additional
 2248         information relating to a father’s identity in such
 2249         inquiry; requiring the diligent search to determine a
 2250         parent’s or prospective parent’s location to include a
 2251         search of the Florida Putative Father Registry;
 2252         amending s. 39.504, F.S.; requiring that, if there is
 2253         a pending dependency proceeding regarding a child for
 2254         whom an injunction is sought to protect, the same
 2255         judge must hear both proceedings; providing that the
 2256         court may enter an injunction based on specified
 2257         evidence; amending s. 39.507, F.S.; requiring a court
 2258         to consider maltreatment allegations against a parent
 2259         in an evidentiary hearing relating to a dependency
 2260         petition; amending s. 39.5085, F.S.; revising
 2261         eligibility guidelines for the Relative Caregiver
 2262         Program with respect to relative and nonrelative
 2263         caregivers; prohibiting a relative or nonrelative
 2264         caregiver from receiving payments under the Relative
 2265         Caregiver Program under certain circumstances;
 2266         amending s. 39.521, F.S.; providing new time
 2267         guidelines for filing with the court and providing
 2268         copies of case plans and family functioning
 2269         assessments; providing for assessment and program
 2270         compliance for a parent who caused harm to a child by
 2271         exposing the child to a controlled substance;
 2272         providing in-home safety plan requirements; providing
 2273         requirements for family functioning assessments;
 2274         providing supervision requirements after
 2275         reunification; amending s. 39.522, F.S.; providing
 2276         conditions for returning a child to the home with an
 2277         in-home safety plan; amending s. 39.523, F.S.;
 2278         providing legislative findings and intent; requiring
 2279         children placed in out-of-home care to be assessed to
 2280         determine the least restrictive placement that meets
 2281         the needs of the child; requiring specified entities
 2282         to document the placement assessments and decisions;
 2283         requiring a court to review and approve placements;
 2284         requiring the department to post specified information
 2285         relating to assessment and placement on its website
 2286         and update that information annually on specified
 2287         dates; authorizing the department to adopt rules;
 2288         amending s. 39.6011, F.S.; providing requirements for
 2289         confidential information in a case planning
 2290         conference; providing restrictions; amending s.
 2291         39.6012, F.S.; requiring that, if a parent caused harm
 2292         to a child by exposing the child to a controlled
 2293         substance, the case plan include as a required task
 2294         that the parent submit to a certain assessment and
 2295         comply with any treatment and services identified as
 2296         necessary; amending s. 39.6035, F.S.; requiring a
 2297         transition plan to be approved before a child reaches
 2298         18 years of age; amending s. 39.621, F.S.; specifying
 2299         the circumstances under which the permanency goal of
 2300         maintaining and strengthening the placement with a
 2301         parent may be used; amending s. 39.6221, F.S.;
 2302         providing that relocation requirements for parents in
 2303         dissolution proceedings do not apply to certain
 2304         permanent guardianships; amending s. 39.701, F.S.;
 2305         providing safety assessment requirements for children
 2306         coming into a home under court jurisdiction; amending
 2307         s. 39.801, F.S.; providing an exception to the notice
 2308         requirement regarding the advisory hearing for a
 2309         petition to terminate parental rights; amending s.
 2310         39.803, F.S.; requiring a court to conduct under oath
 2311         the inquiry to determine the identity or location of
 2312         an unknown parent after the filing of a termination of
 2313         parental rights petition; requiring a court to seek
 2314         additional information relating to a legal father’s
 2315         identity in such inquiry; revising minimum
 2316         requirements for the diligent search to determine the
 2317         location of a parent or prospective parent;
 2318         authorizing a court to schedule an adjudicatory
 2319         hearing regarding a petition for termination of
 2320         parental rights if a diligent search fails to identify
 2321         and locate a prospective parent; amending s. 39.806,
 2322         F.S.; revising circumstances under which grounds for
 2323         the termination of parental rights may be established;
 2324         amending s. 39.811, F.S.; revising circumstances under
 2325         which the rights of one parent may be terminated
 2326         without terminating the rights of the other parent;
 2327         amending s. 125.901, F.S.; creating an exception to
 2328         the requirement that, for an independent special
 2329         district in existence on a certain date and serving a
 2330         population of a specified size, the governing body of
 2331         the county submit the question of the district’s
 2332         retention or dissolution to the electorate in a
 2333         specified general election; amending s. 394.463, F.S.;
 2334         requiring a facility to initiate an involuntary
 2335         examination of a minor within 12 hours after his or
 2336         her arrival; creating a task force within the
 2337         Department of Children and Families; providing the
 2338         purpose and membership of the task force; requiring
 2339         the task force to analyze certain data and make
 2340         recommendations in a report to the Governor and the
 2341         Legislature by a specified date; providing for
 2342         expiration of the task force; amending s. 395.3025,
 2343         F.S.; revising requirements for access to patient
 2344         records; amending s. 402.40, F.S.; defining the term
 2345         “child welfare trainer”; providing rulemaking
 2346         authority; creating s. 409.16742, F.S.; providing
 2347         legislative findings and intent; establishing a shared
 2348         family care residential services pilot program for
 2349         substance-exposed newborns; amending s. 409.992, F.S.;
 2350         limiting compensation from state-appropriated funds
 2351         for administrative employees of community-based care
 2352         agencies; amending s. 409.996, F.S.; requiring the
 2353         Department of Children and Families to develop, in
 2354         collaboration with specified entities, a statewide
 2355         accountability system for residential group care
 2356         providers; specifying requirements for the
 2357         accountability system; requiring the department and
 2358         the lead agencies to use the collected information to
 2359         promote enhanced quality in residential group care;
 2360         requiring the department to submit an annual report,
 2361         beginning on a specified date, to the Governor and the
 2362         Legislature; specifying report requirements; requiring
 2363         implementation of the accountability system by a
 2364         certain date; providing construction; authorizing the
 2365         department to adopt rules; requiring the department,
 2366         in collaboration with the Florida Institute for Child
 2367         Welfare, to convene a workgroup on foster home
 2368         quality; specifying requirements for the workgroup;
 2369         providing for membership of the workgroup; requiring
 2370         the Florida Institute for Child Welfare to provide the
 2371         workgroup with specified research; requiring the
 2372         workgroup to submit a report by a specified date to
 2373         the Governor and the Legislature; specifying
 2374         requirements for the report; amending s. 456.057,
 2375         F.S.; revising requirements for access to patient
 2376         records; repealing s. 409.141, F.S., relating to
 2377         equitable reimbursement methodology; repealing s.
 2378         409.1677, F.S., relating to model comprehensive
 2379         residential services programs; amending s. 743.067,
 2380         F.S.; revising the term “unaccompanied homeless
 2381         youth”; requiring the State Office on Homelessness
 2382         within the Department of Children and Families to
 2383         develop a standardized form to be used in the
 2384         certification of unaccompanied homeless youth;
 2385         providing information that must be included in the
 2386         certification form; authorizing a certified
 2387         unaccompanied homeless youth to apply to the
 2388         Department of Highway Safety and Motor Vehicles for an
 2389         identification card; conforming terminology; amending
 2390         s. 1009.25, F.S.; revising the exemption from the
 2391         payment of tuition and fees for homeless students;
 2392         amending ss. 39.524, 394.495, 409.1678, and 960.065,
 2393         F.S.; conforming cross-references; amending ss.
 2394         409.1679 and 1002.3305, F.S.; conforming provisions to
 2395         changes made by the act; reenacting s. 483.181(2),
 2396         F.S., relating to acceptance, collection,
 2397         identification, and examination of specimens, to
 2398         incorporate the amendment made to s. 456.057, F.S., in
 2399         a reference thereto; providing an appropriation;
 2400         providing effective dates.