Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 262
       
       
       
       
       
       
                                Ì406838JÎ406838                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Judiciary (Albritton) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 65 - 427
    4  and insert:
    5  Statutes, is amended, and paragraph (j) is added to subsection
    6  (3) of that section, to read:
    7         39.001 Purposes and intent; personnel standards and
    8  screening.—
    9         (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
   10  the Legislature that the children of this state be provided with
   11  the following protections:
   12         (j)The ability to contact their guardian ad litem or
   13  attorney ad litem, if appointed, by having that individual’s
   14  name entered on all orders of the court.
   15         (7) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES.
   16  Parents, custodians, and guardians are deemed by the state to be
   17  responsible for providing their children with sufficient
   18  support, guidance, and supervision. The state further recognizes
   19  that the ability of parents, custodians, and guardians to
   20  fulfill those responsibilities can be greatly impaired by
   21  economic, social, behavioral, emotional, and related problems.
   22  It is therefore the policy of the Legislature that it is the
   23  state’s responsibility to ensure that factors impeding the
   24  ability of caregivers to fulfill their responsibilities are
   25  identified through the dependency process and that appropriate
   26  recommendations and services to address those problems are
   27  considered in any judicial or nonjudicial proceeding. The
   28  Legislature also recognizes that time is of the essence for
   29  establishing permanency for a child in the dependency system.
   30  Therefore, parents must take action to comply with the case plan
   31  so permanency with the child may occur within the shortest
   32  period of time possible, but no later than 1 year after removal
   33  or adjudication of the child, including by notifying the parties
   34  and the court of barriers to case plan compliance.
   35         Section 1. Section 39.0136, Florida Statutes, is amended to
   36  read:
   37         39.0136 Time limitations; continuances.—
   38         (1) The Legislature finds that time is of the essence for
   39  establishing permanency for a child in the dependency system.
   40  Time limitations are a right of the child which may not be
   41  waived, extended, or continued at the request of any party
   42  except as provided in this section.
   43         (2)(a)All parties and the court must work together to
   44  ensure that permanency is achieved as soon as possible for every
   45  child through timely performance of their responsibilities under
   46  this chapter.
   47         (b)The department shall ensure that parents have the
   48  information necessary to contact their case manager. When a new
   49  case manager is assigned to a case, the case manager must make a
   50  timely and diligent effort to notify the parent and provide
   51  updated contact information.
   52         (3)(2) The time limitations in this chapter do not include:
   53         (a) Periods of delay resulting from a continuance granted
   54  at the request of the child’s counsel or the child’s guardian ad
   55  litem or, if the child is of sufficient capacity to express
   56  reasonable consent, at the request or with the consent of the
   57  child. The court must consider the best interests of the child
   58  when determining periods of delay under this section.
   59         (b) Periods of delay resulting from a continuance granted
   60  at the request of any party if the continuance is granted:
   61         1. Because of an unavailability of evidence that is
   62  material to the case if the requesting party has exercised due
   63  diligence to obtain evidence and there are substantial grounds
   64  to believe that the evidence will be available within 30 days.
   65  However, if the requesting party is not prepared to proceed
   66  within 30 days, any other party may move for issuance of an
   67  order to show cause or the court on its own motion may impose
   68  appropriate sanctions, which may include dismissal of the
   69  petition.
   70         2. To allow the requesting party additional time to prepare
   71  the case and additional time is justified because of an
   72  exceptional circumstance.
   73         (c) Reasonable periods of delay necessary to accomplish
   74  notice of the hearing to the child’s parent or legal custodian;
   75  however, the petitioner shall continue regular efforts to
   76  provide notice to the parents during the periods of delay.
   77         (4)(3) Notwithstanding subsection (3) (2), in order to
   78  expedite permanency for a child, the total time allowed for
   79  continuances or extensions of time, including continuances or
   80  extensions by the court on its own motion, may not exceed 60
   81  days within any 12-month period for proceedings conducted under
   82  this chapter. A continuance or extension of time may be granted
   83  only for extraordinary circumstances in which it is necessary to
   84  preserve the constitutional rights of a party or if substantial
   85  evidence exists to demonstrate that without granting a
   86  continuance or extension of time the child’s best interests will
   87  be harmed.
   88         (5)(4) Notwithstanding subsection (3) (2), a continuance or
   89  an extension of time is limited to the number of days absolutely
   90  necessary to complete a necessary task in order to preserve the
   91  rights of a party or the best interests of a child.
   92         Section 2. Paragraph (f) of subsection (14) and subsections
   93  (15) and (18) of section 39.402, Florida Statutes, are amended
   94  to read:
   95         39.402 Placement in a shelter.—
   96         (14) The time limitations in this section do not include:
   97         (f) Continuances or extensions of time may not total more
   98  than 60 days for all parties and the court on its own motion
   99  within any 12-month period during proceedings under this
  100  chapter. A continuance or extension beyond the 60 days may be
  101  granted only for extraordinary circumstances necessary to
  102  preserve the constitutional rights of a party or when
  103  substantial evidence demonstrates that the child’s best
  104  interests will be affirmatively harmed without the granting of a
  105  continuance or extension of time.
  106         (15) The department, at the conclusion of the shelter
  107  hearing, shall make available to parents or legal custodians
  108  seeking voluntary services, any referral information necessary
  109  for participation in such identified services to allow the
  110  parents or legal custodians to begin the services as soon as
  111  possible. The parents’ or legal custodians’ participation in the
  112  services may shall not be considered an admission or other
  113  acknowledgment of the allegations in the shelter petition.
  114         (18) The court shall advise the parents in plain language
  115  what is expected of them to achieve reunification with their
  116  child, including that:,
  117         (a)Parents must take action to comply with the case plan
  118  so permanency with the child may occur within the shortest
  119  period of time possible, but no later than 1 year after removal
  120  or adjudication of the child.
  121         (b)Parents must stay in contact with their attorney and
  122  their case manager and provide updated contact information if
  123  the parents’ phone number, address, or e-mail address changes.
  124         (c)Parents must notify the parties and the court of
  125  barriers to completing case plan tasks within a reasonable time
  126  after discovering such barriers.
  127         (d) If the parents fail to substantially comply with the
  128  case plan, their parental rights may be terminated and that the
  129  child’s out-of-home placement may become permanent.
  130         Section 3. Paragraph (c) of subsection (7) of section
  131  39.507, Florida Statutes, is amended to read:
  132         39.507 Adjudicatory hearings; orders of adjudication.—
  133         (7)
  134         (c) If a court adjudicates a child dependent and the child
  135  is in out-of-home care, the court shall inquire of the parent or
  136  parents whether the parents have relatives who might be
  137  considered as a placement for the child. The parent or parents
  138  shall provide the court and all parties with identification and
  139  location information for such relatives. The court shall advise
  140  the parents in plain language that:,
  141         1.Parents must take action to comply with the case plan so
  142  permanency with the child may occur within the shortest period
  143  of time possible, but no later than 1 year after removal or
  144  adjudication of the child.
  145         2.Parents must stay in contact with their attorney and
  146  their case manager and provide updated contact information if
  147  the parents’ phone number, address, or e-mail address changes.
  148         3.Parents must notify the parties and the court of
  149  barriers to completing case plan tasks within a reasonable time
  150  after discovering such barriers.
  151         4. If the parents fail to substantially comply with the
  152  case plan, their parental rights may be terminated and that the
  153  child’s out-of-home placement may become permanent. The parent
  154  or parents shall provide to the court and all parties
  155  identification and location information of the relatives.
  156         Section 4. Paragraph (a) of subsection (1) of section
  157  39.521, Florida Statutes, is amended to read:
  158         39.521 Disposition hearings; powers of disposition.—
  159         (1) A disposition hearing shall be conducted by the court,
  160  if the court finds that the facts alleged in the petition for
  161  dependency were proven in the adjudicatory hearing, or if the
  162  parents or legal custodians have consented to the finding of
  163  dependency or admitted the allegations in the petition, have
  164  failed to appear for the arraignment hearing after proper
  165  notice, or have not been located despite a diligent search
  166  having been conducted.
  167         (a) A written case plan and a family functioning assessment
  168  prepared by an authorized agent of the department must be
  169  approved by the court. The department must file the case plan
  170  and the family functioning assessment with the court, serve
  171  copies a copy of the case plan on the parents of the child, and
  172  provide copies a copy of the case plan to the representative of
  173  the guardian ad litem program, if the program has been
  174  appointed, and a copy to all other parties:
  175         1. Not less than 72 hours before the disposition hearing,
  176  if the disposition hearing occurs on or after the 60th day after
  177  the date the child was placed in out-of-home care. All such case
  178  plans must be approved by the court.
  179         2. Not less than 72 hours before the case plan acceptance
  180  hearing, if the disposition hearing occurs before the 60th day
  181  after the date the child was placed in out-of-home care and a
  182  case plan has not been submitted pursuant to this paragraph, or
  183  if the court does not approve the case plan at the disposition
  184  hearing. The case plan acceptance hearing must occur within 30
  185  days after the disposition hearing to review and approve the
  186  case plan.
  187         Section 5. Subsection (1) of section 39.522, Florida
  188  Statutes, is amended to read:
  189         39.522 Postdisposition change of custody.—The court may
  190  change the temporary legal custody or the conditions of
  191  protective supervision at a postdisposition hearing, without the
  192  necessity of another adjudicatory hearing.
  193         (1) At any time before a child achieves the permanency
  194  placement approved at the permanency hearing, a child who has
  195  been placed in the child’s own home under the protective
  196  supervision of an authorized agent of the department, in the
  197  home of a relative, in the home of a legal custodian, or in some
  198  other place may be brought before the court by the department or
  199  by any other interested person, upon the filing of a motion
  200  petition alleging a need for a change in the conditions of
  201  protective supervision or the placement. If the parents or other
  202  legal custodians deny the need for a change, the court shall
  203  hear all parties in person or by counsel, or both. Upon the
  204  admission of a need for a change or after such hearing, the
  205  court shall enter an order changing the placement, modifying the
  206  conditions of protective supervision, or continuing the
  207  conditions of protective supervision as ordered. The standard
  208  for changing custody of the child shall be the best interest of
  209  the child. When applying this standard, the court shall consider
  210  the continuity of the child’s placement in the same out-of-home
  211  residence as a factor when determining the best interests of the
  212  child. If the child is not placed in foster care, then the new
  213  placement for the child must meet the home study criteria and
  214  court approval pursuant to this chapter.
  215         Section 6. Present subsections (4) through (8) of section
  216  39.6011, Florida Statutes, are redesignated as subsections (5)
  217  through (9), respectively, paragraph (e) of subsection (2) and
  218  present subsection (6) of that section are amended, and a new
  219  subsection (4) is added to that section, to read:
  220         39.6011 Case plan development.—
  221         (2) The case plan must be written simply and clearly in
  222  English and, if English is not the principal language of the
  223  child’s parent, to the extent possible in the parent’s principal
  224  language. Each case plan must contain:
  225         (e)  A written notice to the parent that it is the parent’s
  226  responsibility to take action to comply with the case plan so
  227  permanency with the child may occur within the shortest period
  228  of time possible, but no later than 1 year after removal or
  229  adjudication of the child; the parent must notify the parties
  230  and the court of barriers to completing case plan tasks within a
  231  reasonable time after discovering such barriers if the parties
  232  are not actively working to overcome them; failure of the parent
  233  to substantially comply with the case plan may result in the
  234  termination of parental rights;, and that a material breach of
  235  the case plan by the parent’s action or inaction may result in
  236  the filing of a petition for termination of parental rights
  237  sooner than the compliance period set forth in the case plan.
  238         (4)Before signing the case plan, the department shall
  239  explain the provisions of the plan to all persons involved in
  240  its implementation, including, when appropriate, the child. The
  241  department shall ensure that the parent has contact information
  242  for all entities necessary to complete the tasks in the plan.
  243  The department shall explain the strategies included in the plan
  244  which the parent can use to overcome barriers to case plan
  245  compliance and shall explain that if a barrier is discovered and
  246  the parties are not actively working to overcome such barrier,
  247  the parent must notify the parties and the court within a
  248  reasonable time after discovering such barrier.
  249         (7)(6) After the case plan has been developed, the
  250  department shall adhere to the following procedural
  251  requirements:
  252         (a) If the parent’s substantial compliance with the case
  253  plan requires the department to provide services to the parents
  254  or the child and the parents agree to begin compliance with the
  255  case plan before the case plan’s acceptance by the court, the
  256  department shall make the appropriate referrals for services
  257  that will allow the parents to begin the agreed-upon tasks and
  258  services immediately.
  259         (b)All other referrals for services must be completed as
  260  soon as possible, but no later than 7 days after the date of the
  261  case plan approval, unless the case plan specifies that a task
  262  may not be undertaken until another specified task has been
  263  completed or otherwise approved by the court.
  264         (c)(b) After the case plan has been agreed upon and signed
  265  by the parties, a copy of the plan must be given immediately to
  266  the parties, including the child if appropriate, and to other
  267  persons as directed by the court.
  268         1. A case plan must be prepared, but need not be submitted
  269  to the court, for a child who will be in care no longer than 30
  270  days unless that child is placed in out-of-home care a second
  271  time within a 12-month period.
  272         2. In each case in which a child has been placed in out-of
  273  home care, a case plan must be prepared within 60 days after the
  274  department removes the child from the home and shall be
  275  submitted to the court before the disposition hearing for the
  276  court to review and approve.
  277         3. After jurisdiction attaches, all case plans must be
  278  filed with the court, and a copy provided to all the parties
  279  whose whereabouts are known, not less than 3 business days
  280  before the disposition hearing. The department shall file with
  281  the court, and provide copies to the parties, all case plans
  282  prepared before jurisdiction of the court attached.
  283         Section 7. Paragraph (b) of subsection (1) of section
  284  39.6012, Florida Statutes, is amended to read:
  285         39.6012 Case plan tasks; services.—
  286         (1) The services to be provided to the parent and the tasks
  287  that must be completed are subject to the following:
  288         (b) The case plan must describe each of the tasks with
  289  which the parent must comply and the services to be provided to
  290  the parent, specifically addressing the identified problem,
  291  including:
  292         1. The type of services or treatment.
  293         2. The date the department will provide each service or
  294  referral for the service if the service is being provided by the
  295  department or its agent.
  296         3. The date by which the parent must complete each task.
  297         4. The frequency of services or treatment provided. The
  298  frequency of the delivery of services or treatment provided
  299  shall be determined by the professionals providing the services
  300  or treatment on a case-by-case basis and adjusted according to
  301  their best professional judgment.
  302         5. The location of the delivery of the services.
  303         6. The staff of the department or service provider
  304  accountable for the services or treatment.
  305         7. A description of the measurable objectives, including
  306  the timeframes specified for achieving the objectives of the
  307  case plan and addressing the identified problem.
  308         8.Strategies to overcome barriers to case plan compliance
  309  and an explanation that the parent must notify the parties and
  310  the court within a reasonable time after discovering a barrier
  311  that the parties are not actively working to overcome such
  312  barrier.
  313         Section 8. Subsection (8) of section 39.6013, Florida
  314  Statutes, is amended to read:
  315         39.6013 Case plan amendments.—
  316         (8) Amendments must include service interventions that are
  317  the least intrusive into the life of the parent and child, must
  318  focus on clearly defined objectives, and must provide the most
  319  efficient path to quick reunification or permanent placement
  320  given the circumstances of the case and the child’s need for
  321  safe and proper care. A copy of the amended plan must be
  322  immediately given to the persons identified in s. 39.6011(7)(c)
  323  s. 39.6011(6)(b).
  324         Section 9. Present subsections (7) through (10) of section
  325  39.621, Florida Statutes, are redesignated as subsections (8)
  326  through (11), respectively, present subsections (9), (10), and
  327  (11) of that section are amended, and a new subsection (7) is
  328  added to that section, to read:
  329         39.621 Permanency determination by the court.—
  330         (7)If the court determines that the child’s goal is
  331  appropriate but the child will be in out-of-home care for more
  332  than 12 months before achieving permanency, in those cases where
  333  the goal is reunification or adoption, the court must hold
  334  permanency status hearings for the child every 60 days until the
  335  child reaches the specified permanency goal or the court
  336  determines it is in the child’s best interest to change the
  337  permanency goal.
  338         (10)(9) The case plan must list the tasks necessary to
  339  finalize the permanency placement and shall be updated at the
  340  permanency hearing unless the child will achieve permanency
  341  within 60 days after the hearing if necessary. If a concurrent
  342  case plan is in place, the court may choose between the
  343  permanency goal options presented and shall approve the goal
  344  that is in the child’s best interest.
  345         (11)(10) The permanency placement is intended to continue
  346  until the child reaches the age of majority and may not be
  347  disturbed absent a finding by the court that the circumstances
  348  of the permanency placement are no longer in the best interest
  349  of the child.
  350         (a) If, after a child is residing in the permanent
  351  placement
  352  
  353  ================= T I T L E  A M E N D M E N T ================
  354  And the title is amended as follows:
  355         Delete lines 3 - 27
  356  and insert:
  357         F.S.; providing for the name of a child’s guardian ad
  358         litem or attorney ad litem to be entered on court
  359         orders in dependency proceedings; amending s. 39.0136,
  360         F.S.; requiring cooperation between certain parties
  361         and the court to achieve permanency for a child as
  362         soon as possible; requiring the Department of Children
  363         and Families to ensure that parents have the
  364         information necessary to contact their case manager;
  365         requiring that a new case manager who is assigned to a
  366         case notify the parent and provide updated contact
  367         information; specifying that continuances and
  368         extensions of time by the court on its own motion may
  369         not exceed a certain period of time; amending s.
  370         39.402, F.S.; specifying that time limitations
  371         governing placement of a child in a shelter do not
  372         include continuances requested by the court; requiring
  373         the court to advise parents in plain language what is
  374         expected of them to achieve reunification with their
  375         child; expanding the requirements that parents must
  376         meet to achieve reunification with their child;
  377         amending s. 39.507, F.S.; requiring the court during
  378         an adjudicatory hearing to advise parents in plain
  379         language of certain requirements to achieve permanency
  380         with their child; expanding the