Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1548
       
       
       
       
       
       
                                Ì1546901Î154690                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/05/2020           .                                
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       The Committee on Children, Families, and Elder Affairs (Perry)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 25.385, Florida Statutes, is amended to
    6  read:
    7         25.385 Standards for instruction of circuit and county
    8  court judges in handling domestic violence cases.—
    9         (1) The Florida Court Educational Council shall establish
   10  standards for instruction of circuit and county court judges who
   11  have responsibility for domestic violence cases, and the council
   12  shall provide such instruction on a periodic and timely basis.
   13         (2) As used in this section:
   14         (a) The term “domestic violence” has the meaning set forth
   15  in s. 741.28.
   16         (b) “Family or household member” has the meaning set forth
   17  in s. 741.28.
   18         (2)The Florida Court Educational Council shall establish
   19  standards for instruction of circuit court judges who have
   20  responsibility for dependency cases. The standards for
   21  instruction must be consistent with and reinforce the purposes
   22  of chapter 39, with emphasis on ensuring that a permanent
   23  placement is achieved as soon as possible and that a child
   24  should not remain in foster care for longer than 1 year. This
   25  instruction must be provided on a periodic and timely basis and
   26  may be provided by or in consultation with current or retired
   27  judges, the Department of Children and Families, or the
   28  Statewide Guardian Ad Litem Office established in s. 39.8296.
   29         Section 2. Subsection (7) of section 39.205, Florida
   30  Statutes, is amended to read:
   31         39.205 Penalties relating to reporting of child abuse,
   32  abandonment, or neglect.—
   33         (7) The department shall establish procedures for
   34  determining whether a false report of child abuse, abandonment,
   35  or neglect has been made and for submitting all identifying
   36  information relating to such a report to the appropriate law
   37  enforcement agency and shall report annually to the Legislature
   38  the number of reports referred.
   39         Section 3. Subsection (7) of section 39.302, Florida
   40  Statutes, is amended to read:
   41         39.302 Protective investigations of institutional child
   42  abuse, abandonment, or neglect.—
   43         (7) When an investigation of institutional abuse, neglect,
   44  or abandonment is closed and a person is not identified as a
   45  caregiver responsible for the abuse, neglect, or abandonment
   46  alleged in the report, the fact that the person is named in some
   47  capacity in the report may not be used in any way to adversely
   48  affect the interests of that person. This prohibition applies to
   49  any use of the information in employment screening, licensing,
   50  child placement, adoption, or any other decisions by a private
   51  adoption agency or a state agency or its contracted providers.
   52         (a) However, if such a person is a licensee of the
   53  department and is named in any capacity in a report three or
   54  more reports within a 5-year period, the department must may
   55  review the report those reports and determine whether the
   56  information contained in the report reports is relevant for
   57  purposes of determining whether the person’s license should be
   58  renewed or revoked. If the information is relevant to the
   59  decision to renew or revoke the license, the department may rely
   60  on the information contained in the report in making that
   61  decision.
   62         (b) Likewise, if a person is employed as a caregiver in a
   63  residential group home licensed pursuant to s. 409.175 and is
   64  named in any capacity in a report three or more reports within a
   65  5-year period, the department must may review the report all
   66  reports for the purposes of the employment screening as defined
   67  in s. 409.175(2)(m) required pursuant to s. 409.145(2)(e).
   68         Section 4. Subsection (6) of section 39.407, Florida
   69  Statutes, is amended to read:
   70         39.407 Medical, psychiatric, and psychological examination
   71  and treatment of child; physical, mental, or substance abuse
   72  examination of person with or requesting child custody.—
   73         (6) Children who are in the legal custody of the department
   74  may be placed by the department, without prior approval of the
   75  court, in a residential treatment center licensed under s.
   76  394.875 or a hospital licensed under chapter 395 for residential
   77  mental health treatment only as provided in pursuant to this
   78  section or may be placed by the court in accordance with an
   79  order of involuntary examination or involuntary placement
   80  entered under pursuant to s. 394.463 or s. 394.467. All children
   81  placed in a residential treatment program under this subsection
   82  must have a guardian ad litem appointed.
   83         (a) As used in this subsection, the term:
   84         1. “Residential treatment” means placement for observation,
   85  diagnosis, or treatment of an emotional disturbance in a
   86  residential treatment center licensed under s. 394.875 or a
   87  hospital licensed under chapter 395.
   88         2. “Least restrictive alternative” means the treatment and
   89  conditions of treatment that, separately and in combination, are
   90  no more intrusive or restrictive of freedom than reasonably
   91  necessary to achieve a substantial therapeutic benefit or to
   92  protect the child or adolescent or others from physical injury.
   93         3. “Suitable for residential treatment” or “suitability”
   94  means a determination concerning a child or adolescent with an
   95  emotional disturbance as defined in s. 394.492(5) or a serious
   96  emotional disturbance as defined in s. 394.492(6) that each of
   97  the following criteria is met:
   98         a. The child requires residential treatment.
   99         b. The child is in need of a residential treatment program
  100  and is expected to benefit from mental health treatment.
  101         c. An appropriate, less restrictive alternative to
  102  residential treatment is unavailable.
  103         (b) Whenever the department believes that a child in its
  104  legal custody is emotionally disturbed and may need residential
  105  treatment, an examination and suitability assessment must be
  106  conducted by a qualified evaluator who is appointed by the
  107  department Agency for Health Care Administration. This
  108  suitability assessment must be completed before the placement of
  109  the child in a residential treatment center for emotionally
  110  disturbed children and adolescents or a hospital. The qualified
  111  evaluator must be a psychiatrist or a psychologist licensed in
  112  Florida who has at least 3 years of experience in the diagnosis
  113  and treatment of serious emotional disturbances in children and
  114  adolescents and who has no actual or perceived conflict of
  115  interest with any inpatient facility or residential treatment
  116  center or program.
  117         (c) Before a child is admitted under this subsection, the
  118  child shall be assessed for suitability for residential
  119  treatment by a qualified evaluator who has conducted a personal
  120  examination and assessment of the child and has made written
  121  findings that:
  122         1. The child appears to have an emotional disturbance
  123  serious enough to require residential treatment and is
  124  reasonably likely to benefit from the treatment.
  125         2. The child has been provided with a clinically
  126  appropriate explanation of the nature and purpose of the
  127  treatment.
  128         3. All available modalities of treatment less restrictive
  129  than residential treatment have been considered, and a less
  130  restrictive alternative that would offer comparable benefits to
  131  the child is unavailable.
  132  
  133  A copy of the written findings of the evaluation and suitability
  134  assessment must be provided to the department, to the guardian
  135  ad litem, and, if the child is a member of a Medicaid managed
  136  care plan, to the plan that is financially responsible for the
  137  child’s care in residential treatment, all of whom must be
  138  provided with the opportunity to discuss the findings with the
  139  evaluator.
  140         (d) Immediately upon placing a child in a residential
  141  treatment program under this section, the department must notify
  142  the guardian ad litem and the court having jurisdiction over the
  143  child and must provide the guardian ad litem and the court with
  144  a copy of the assessment by the qualified evaluator.
  145         (e) Within 10 days after the admission of a child to a
  146  residential treatment program, the director of the residential
  147  treatment program or the director’s designee must ensure that an
  148  individualized plan of treatment has been prepared by the
  149  program and has been explained to the child, to the department,
  150  and to the guardian ad litem, and submitted to the department.
  151  The child must be involved in the preparation of the plan to the
  152  maximum feasible extent consistent with his or her ability to
  153  understand and participate, and the guardian ad litem and the
  154  child’s foster parents must be involved to the maximum extent
  155  consistent with the child’s treatment needs. The plan must
  156  include a preliminary plan for residential treatment and
  157  aftercare upon completion of residential treatment. The plan
  158  must include specific behavioral and emotional goals against
  159  which the success of the residential treatment may be measured.
  160  A copy of the plan must be provided to the child, to the
  161  guardian ad litem, and to the department.
  162         (f) Within 30 days after admission, the residential
  163  treatment program must review the appropriateness and
  164  suitability of the child’s placement in the program. The
  165  residential treatment program must determine whether the child
  166  is receiving benefit toward the treatment goals and whether the
  167  child could be treated in a less restrictive treatment program.
  168  The residential treatment program shall prepare a written report
  169  of its findings and submit the report to the guardian ad litem
  170  and to the department. The department must submit the report to
  171  the court. The report must include a discharge plan for the
  172  child. The residential treatment program must continue to
  173  evaluate the child’s treatment progress every 30 days thereafter
  174  and must include its findings in a written report submitted to
  175  the department. The department may not reimburse a facility
  176  until the facility has submitted every written report that is
  177  due.
  178         (g)1. The department must submit, at the beginning of each
  179  month, to the court having jurisdiction over the child, a
  180  written report regarding the child’s progress toward achieving
  181  the goals specified in the individualized plan of treatment.
  182         2. The court must conduct a hearing to review the status of
  183  the child’s residential treatment plan no later than 60 days
  184  after the child’s admission to the residential treatment
  185  program. An independent review of the child’s progress toward
  186  achieving the goals and objectives of the treatment plan must be
  187  completed by a qualified evaluator and submitted to the court
  188  before its 60-day review.
  189         3. For any child in residential treatment at the time a
  190  judicial review is held pursuant to s. 39.701, the child’s
  191  continued placement in residential treatment must be a subject
  192  of the judicial review.
  193         4. If at any time the court determines that the child is
  194  not suitable for continued residential treatment, the court
  195  shall order the department to place the child in the least
  196  restrictive setting that is best suited to meet his or her
  197  needs.
  198         (h) After the initial 60-day review, the court must conduct
  199  a review of the child’s residential treatment plan every 90
  200  days.
  201         (i) The department must adopt rules for implementing
  202  timeframes for the completion of suitability assessments by
  203  qualified evaluators and a procedure that includes timeframes
  204  for completing the 60-day independent review by the qualified
  205  evaluators of the child’s progress toward achieving the goals
  206  and objectives of the treatment plan which review must be
  207  submitted to the court. The Agency for Health Care
  208  Administration must adopt rules for the registration of
  209  qualified evaluators, the procedure for selecting the evaluators
  210  to conduct the reviews required under this section, and a
  211  reasonable, cost-efficient fee schedule for qualified
  212  evaluators.
  213         Section 5. Section 39.5035, Florida Statutes, is created to
  214  read:
  215         39.5035Deceased parents; special procedures.—
  216         (1)(a)1.If both parents of a child are deceased and a
  217  legal custodian has not been appointed for the child through a
  218  probate or guardianship proceeding, then an attorney for the
  219  department or any other person, who has knowledge of the facts
  220  whether alleged or is informed of the alleged facts and believes
  221  them to be true, may initiate a proceeding by filing a petition
  222  for adjudication and permanent commitment.
  223         2.If a child has been placed in shelter status by order of
  224  the court but has not yet been adjudicated, a petition for
  225  adjudication and permanent commitment must be filed within 21
  226  days after the shelter hearing. In all other cases, the petition
  227  must be filed within a reasonable time after the date the child
  228  was referred to protective investigation or after the petitioner
  229  first becomes aware of the facts that support the petition for
  230  adjudication and permanent commitment.
  231         (b)If both parents or the last living parent dies after a
  232  child has already been adjudicated dependent, an attorney for
  233  the department or any other person who has knowledge of the
  234  facts alleged or is informed of the alleged facts and believes
  235  them to be true may file a petition for permanent commitment.
  236         (2)The petition:
  237         (a)Must be in writing, identify the alleged deceased
  238  parents, and provide facts that establish that both parents of
  239  the child are deceased and that a legal custodian has not been
  240  appointed for the child through a probate or guardianship
  241  proceeding.
  242         (b)Must be signed by the petitioner under oath stating the
  243  petitioner’s good faith in filing the petition.
  244         (3)When a petition for adjudication and permanent
  245  commitment or a petition for permanent commitment has been
  246  filed, the clerk of court shall set the case before the court
  247  for an adjudicatory hearing. The adjudicatory hearing must be
  248  held as soon as practicable after the petition is filed, but no
  249  later than 30 days after the filing date.
  250         (4)Notice of the date, time, and place of the adjudicatory
  251  hearing and a copy of the petition must be served on the
  252  following persons:
  253         (a)Any person who has physical custody of the child.
  254         (b)A living relative of each parent of the child, unless a
  255  living relative cannot be found after a diligent search and
  256  inquiry.
  257         (c)The guardian ad litem for the child or the
  258  representative of the guardian ad litem program, if the program
  259  has been appointed.
  260         (5)Adjudicatory hearings shall be conducted by the judge
  261  without a jury, applying the rules of evidence in use in civil
  262  cases and adjourning the hearings from time to time as
  263  necessary. At the hearing, the judge must determine whether the
  264  petitioner has established by clear and convincing evidence that
  265  both parents of the child are deceased and that a legal
  266  custodian has not been appointed for the child through a probate
  267  or guardianship proceeding. A certified copy of the death
  268  certificate for each parent is sufficient evidence of proof of
  269  the parents’ deaths.
  270         (6)Within 30 days after an adjudicatory hearing on a
  271  petition for adjudication and permanent commitment:
  272         (a)If the court finds that the petitioner has met the
  273  clear and convincing standard, the court shall enter a written
  274  order adjudicating the child dependent and permanently
  275  committing the child to the custody of the department for the
  276  purpose of adoption. A disposition hearing shall be scheduled no
  277  later than 30 days after the entry of the order, in which the
  278  department shall provide a case plan that identifies the
  279  permanency goal for the child to the court. Reasonable efforts
  280  must be made to place the child in a timely manner in accordance
  281  with the permanency plan and to complete all steps necessary to
  282  finalize the permanent placement of the child. Thereafter, until
  283  the adoption of the child is finalized or the child reaches the
  284  age of 18 years, whichever occurs first, the court shall hold
  285  hearings every 6 months to review the progress being made toward
  286  permanency for the child.
  287         (b)If the court finds that clear and convincing evidence
  288  does not establish that both parents of a child are deceased and
  289  that a legal custodian has not been appointed for the child
  290  through a probate or guardianship proceeding, but that a
  291  preponderance of the evidence establishes that the child does
  292  not have a parent or legal custodian capable of providing
  293  supervision or care, the court shall enter a written order
  294  adjudicating the child dependent. A disposition hearing shall be
  295  scheduled no later than 30 days after the entry of the order as
  296  provided in s. 39.521.
  297         (c)If the court finds that clear and convincing evidence
  298  does not establish that both parents of a child are deceased and
  299  that a legal custodian has not been appointed for the child
  300  through a probate or guardianship proceeding and that a
  301  preponderance of the evidence does not establish that the child
  302  does not have a parent or legal custodian capable of providing
  303  supervision or care, the court shall enter a written order so
  304  finding and dismissing the petition.
  305         (7)Within 30 days after an adjudicatory hearing on a
  306  petition for permanent commitment:
  307         (a)If the court finds that the petitioner has met the
  308  clear and convincing standard, the court shall enter a written
  309  order permanently committing the child to the custody of the
  310  department for purposes of adoption. A disposition hearing shall
  311  be scheduled no later than 30 days after the entry of the order,
  312  in which the department shall provide an amended case plan that
  313  identifies the permanency goal for the child to the court.
  314  Reasonable efforts must be made to place the child in a timely
  315  manner in accordance with the permanency plan and to complete
  316  all steps necessary to finalize the permanent placement of the
  317  child. Thereafter, until the adoption of the child is finalized
  318  or the child reaches the age of 18 years, whichever occurs
  319  first, the court shall hold hearings every 6 months to review
  320  the progress being made toward permanency for the child.
  321         (b)If the court finds that clear and convincing evidence
  322  does not establish that both parents of a child are deceased and
  323  that a legal custodian has not been appointed for the child
  324  through a probate or guardianship proceeding, the court shall
  325  enter a written order denying the petition. The order has no
  326  effect on the child’s prior adjudication. The order does not bar
  327  the petitioner from filing a subsequent petition for permanent
  328  commitment based on newly discovered evidence that establishes
  329  that both parents of a child are deceased and that a legal
  330  custodian has not been appointed for the child through a probate
  331  or guardianship proceeding.
  332         Section 6. Paragraph (c) of subsection (1) and subsections
  333  (3) and (7) of section 39.521, Florida Statutes, are amended to
  334  read:
  335         39.521 Disposition hearings; powers of disposition.—
  336         (1) A disposition hearing shall be conducted by the court,
  337  if the court finds that the facts alleged in the petition for
  338  dependency were proven in the adjudicatory hearing, or if the
  339  parents or legal custodians have consented to the finding of
  340  dependency or admitted the allegations in the petition, have
  341  failed to appear for the arraignment hearing after proper
  342  notice, or have not been located despite a diligent search
  343  having been conducted.
  344         (c) When any child is adjudicated by a court to be
  345  dependent, the court having jurisdiction of the child has the
  346  power by order to:
  347         1. Require the parent and, when appropriate, the legal
  348  guardian or the child to participate in treatment and services
  349  identified as necessary. The court may require the person who
  350  has custody or who is requesting custody of the child to submit
  351  to a mental health or substance abuse disorder assessment or
  352  evaluation. The order may be made only upon good cause shown and
  353  pursuant to notice and procedural requirements provided under
  354  the Florida Rules of Juvenile Procedure. The mental health
  355  assessment or evaluation must be administered by a qualified
  356  professional as defined in s. 39.01, and the substance abuse
  357  assessment or evaluation must be administered by a qualified
  358  professional as defined in s. 397.311. The court may also
  359  require such person to participate in and comply with treatment
  360  and services identified as necessary, including, when
  361  appropriate and available, participation in and compliance with
  362  a mental health court program established under chapter 394 or a
  363  treatment-based drug court program established under s. 397.334.
  364  Adjudication of a child as dependent based upon evidence of harm
  365  as defined in s. 39.01(35)(g) demonstrates good cause, and the
  366  court shall require the parent whose actions caused the harm to
  367  submit to a substance abuse disorder assessment or evaluation
  368  and to participate and comply with treatment and services
  369  identified in the assessment or evaluation as being necessary.
  370  In addition to supervision by the department, the court,
  371  including the mental health court program or the treatment-based
  372  drug court program, may oversee the progress and compliance with
  373  treatment by a person who has custody or is requesting custody
  374  of the child. The court may impose appropriate available
  375  sanctions for noncompliance upon a person who has custody or is
  376  requesting custody of the child or make a finding of
  377  noncompliance for consideration in determining whether an
  378  alternative placement of the child is in the child’s best
  379  interests. Any order entered under this subparagraph may be made
  380  only upon good cause shown. This subparagraph does not authorize
  381  placement of a child with a person seeking custody of the child,
  382  other than the child’s parent or legal custodian, who requires
  383  mental health or substance abuse disorder treatment.
  384         2. Require, if the court deems necessary, the parties to
  385  participate in dependency mediation.
  386         3. Require placement of the child either under the
  387  protective supervision of an authorized agent of the department
  388  in the home of one or both of the child’s parents or in the home
  389  of a relative of the child or another adult approved by the
  390  court, or in the custody of the department. Protective
  391  supervision continues until the court terminates it or until the
  392  child reaches the age of 18, whichever date is first. Protective
  393  supervision shall be terminated by the court whenever the court
  394  determines that permanency has been achieved for the child,
  395  whether with a parent, another relative, or a legal custodian,
  396  and that protective supervision is no longer needed. The
  397  termination of supervision may be with or without retaining
  398  jurisdiction, at the court’s discretion, and shall in either
  399  case be considered a permanency option for the child. The order
  400  terminating supervision by the department must set forth the
  401  powers of the custodian of the child and include the powers
  402  ordinarily granted to a guardian of the person of a minor unless
  403  otherwise specified. Upon the court’s termination of supervision
  404  by the department, further judicial reviews are not required if
  405  permanency has been established for the child.
  406         4. Determine whether the child has a strong attachment to
  407  the prospective permanent guardian and whether such guardian has
  408  a strong commitment to permanently caring for the child.
  409         (3) When any child is adjudicated by a court to be
  410  dependent, the court shall determine the appropriate placement
  411  for the child as follows:
  412         (a) If the court determines that the child can safely
  413  remain in the home with the parent with whom the child was
  414  residing at the time the events or conditions arose that brought
  415  the child within the jurisdiction of the court and that
  416  remaining in this home is in the best interest of the child,
  417  then the court shall order conditions under which the child may
  418  remain or return to the home and that this placement be under
  419  the protective supervision of the department for not less than 6
  420  months.
  421         (b) If there is a parent with whom the child was not
  422  residing at the time the events or conditions arose that brought
  423  the child within the jurisdiction of the court who desires to
  424  assume custody of the child, the court shall place the child
  425  with that parent upon completion of a home study, unless the
  426  court finds that such placement would endanger the safety, well
  427  being, or physical, mental, or emotional health of the child.
  428  Any party with knowledge of the facts may present to the court
  429  evidence regarding whether the placement will endanger the
  430  safety, well-being, or physical, mental, or emotional health of
  431  the child. If the court places the child with such parent, it
  432  may do either of the following:
  433         1. Order that the parent assume sole custodial
  434  responsibilities for the child. The court may also provide for
  435  reasonable visitation by the noncustodial parent. The court may
  436  then terminate its jurisdiction over the child.
  437         2. Order that the parent assume custody subject to the
  438  jurisdiction of the circuit court hearing dependency matters.
  439  The court may order that reunification services be provided to
  440  the parent from whom the child has been removed, that services
  441  be provided solely to the parent who is assuming physical
  442  custody in order to allow that parent to retain later custody
  443  without court jurisdiction, or that services be provided to both
  444  parents, in which case the court shall determine at every review
  445  hearing which parent, if either, shall have custody of the
  446  child. The standard for changing custody of the child from one
  447  parent to another or to a relative or another adult approved by
  448  the court shall be the best interest of the child.
  449         (c) If no fit parent is willing or available to assume care
  450  and custody of the child, place the child in the temporary legal
  451  custody of an adult relative, the adoptive parent of the child’s
  452  sibling, or another adult approved by the court who is willing
  453  to care for the child, under the protective supervision of the
  454  department. The department must supervise this placement until
  455  the child reaches permanency status in this home, and in no case
  456  for a period of less than 6 months. Permanency in a relative
  457  placement shall be by adoption, long-term custody, or
  458  guardianship.
  459         (d) If the child cannot be safely placed in a nonlicensed
  460  placement, the court shall commit the child to the temporary
  461  legal custody of the department. Such commitment invests in the
  462  department all rights and responsibilities of a legal custodian.
  463  The department may shall not return any child to the physical
  464  care and custody of the person from whom the child was removed,
  465  except for court-approved visitation periods, without the
  466  approval of the court. Any order for visitation or other contact
  467  must conform to the provisions of s. 39.0139. The term of such
  468  commitment continues until terminated by the court or until the
  469  child reaches the age of 18. After the child is committed to the
  470  temporary legal custody of the department, all further
  471  proceedings under this section are governed by this chapter.
  472  
  473  Protective supervision continues until the court terminates it
  474  or until the child reaches the age of 18, whichever date is
  475  first. Protective supervision shall be terminated by the court
  476  whenever the court determines that permanency has been achieved
  477  for the child, whether with a parent, another relative, or a
  478  legal custodian, and that protective supervision is no longer
  479  needed. The termination of supervision may be with or without
  480  retaining jurisdiction, at the court’s discretion, and shall in
  481  either case be considered a permanency option for the child. The
  482  order terminating supervision by the department shall set forth
  483  the powers of the custodian of the child and shall include the
  484  powers ordinarily granted to a guardian of the person of a minor
  485  unless otherwise specified. Upon the court’s termination of
  486  supervision by the department, no further judicial reviews are
  487  required, so long as permanency has been established for the
  488  child.
  489         (7)The court may enter an order ending its jurisdiction
  490  over a child when a child has been returned to the parents,
  491  provided the court shall not terminate its jurisdiction or the
  492  department’s supervision over the child until 6 months after the
  493  child’s return. The department shall supervise the placement of
  494  the child after reunification for at least 6 months with each
  495  parent or legal custodian from whom the child was removed. The
  496  court shall determine whether its jurisdiction should be
  497  continued or terminated in such a case based on a report of the
  498  department or agency or the child’s guardian ad litem, and any
  499  other relevant factors; if its jurisdiction is to be terminated,
  500  the court shall enter an order to that effect.
  501         Section 7. Section 39.522, Florida Statutes, is amended to
  502  read:
  503         39.522 Postdisposition change of custody.—The court may
  504  change the temporary legal custody or the conditions of
  505  protective supervision at a postdisposition hearing, without the
  506  necessity of another adjudicatory hearing. If a child has been
  507  returned to the parent and is under protective supervision by
  508  the department and the child is later removed again from the
  509  parent’s custody, any modifications of placement shall be done
  510  under this section.
  511         (1)At any time, an authorized agent of the department or a
  512  law enforcement officer may remove a child from a court-ordered
  513  placement and take the child into custody if the child’s current
  514  caregiver requests immediate removal of the child from the home
  515  or if there is probable cause as required in s. 39.401(1)(b).
  516  The department shall file a motion to modify placement within 1
  517  business day after the child is taken into custody. Unless all
  518  parties agree to the change of placement, the court must set a
  519  hearing within 24 hours after the filing of the motion. At the
  520  hearing, the court shall determine whether the department has
  521  established probable cause to support the immediate removal of
  522  the child from his or her current placement. The court may base
  523  its determination on a sworn petition, testimony, or an
  524  affidavit and may hear all relevant and material evidence,
  525  including oral or written reports, to the extent of its
  526  probative value even though it would not be competent evidence
  527  at an adjudicatory hearing. If the court finds that probable
  528  cause is not established to support the removal of the child
  529  from the placement, the court shall order that the child be
  530  returned to his or her current placement. If the caregiver
  531  admits to a need for a change of placement or probable cause is
  532  established to support the removal, the court shall enter an
  533  order changing the placement of the child. If the child is not
  534  placed in foster care, then the new placement for the child must
  535  meet the home study criteria in chapter 39. If the child’s
  536  placement is modified based on a probable cause finding, the
  537  court must conduct a subsequent evidentiary hearing, unless
  538  waived by all parties, on the motion to determine whether the
  539  department has established by a preponderance of the evidence
  540  that maintaining the new placement of the child is in the best
  541  interest of the child. The court shall consider the continuity
  542  of the child’s placement in the same out-of-home residence as a
  543  factor when determining the best interests of the child.
  544         (2)(1) At any time before a child is residing in the
  545  permanent placement approved at the permanency hearing, a child
  546  who has been placed in the child’s own home under the protective
  547  supervision of an authorized agent of the department, in the
  548  home of a relative, in the home of a legal custodian, or in some
  549  other place may be brought before the court by the department or
  550  by any other party interested person, upon the filing of a
  551  petition motion alleging a need for a change in the conditions
  552  of protective supervision or the placement. If the parents or
  553  other legal custodians deny the need for a change, the court
  554  shall hear all parties in person or by counsel, or both. Upon
  555  the admission of a need for a change or after such hearing, the
  556  court shall enter an order changing the placement, modifying the
  557  conditions of protective supervision, or continuing the
  558  conditions of protective supervision as ordered. The standard
  559  for changing custody of the child is determined by a
  560  preponderance of the evidence that establishes that a change is
  561  in shall be the best interest of the child. When applying this
  562  standard, the court shall consider the continuity of the child’s
  563  placement in the same out-of-home residence as a factor when
  564  determining the best interests of the child. If the child is not
  565  placed in foster care, then the new placement for the child must
  566  meet the home study criteria and court approval under pursuant
  567  to this chapter.
  568         (3)(2) In cases where the issue before the court is whether
  569  a child should be reunited with a parent, the court shall review
  570  the conditions for return and determine whether the
  571  circumstances that caused the out-of-home placement and issues
  572  subsequently identified have been remedied to the extent that
  573  the return of the child to the home with an in-home safety plan
  574  prepared or approved by the department will not be detrimental
  575  to the child’s safety, well-being, and physical, mental, and
  576  emotional health.
  577         (4)(3) In cases where the issue before the court is whether
  578  a child who is placed in the custody of a parent should be
  579  reunited with the other parent upon a finding that the
  580  circumstances that caused the out-of-home placement and issues
  581  subsequently identified have been remedied to the extent that
  582  the return of the child to the home of the other parent with an
  583  in-home safety plan prepared or approved by the department will
  584  not be detrimental to the child, the standard shall be that the
  585  safety, well-being, and physical, mental, and emotional health
  586  of the child would not be endangered by reunification and that
  587  reunification would be in the best interest of the child.
  588         Section 8. Subsection (8) of section 39.6011, Florida
  589  Statutes, is amended to read:
  590         39.6011 Case plan development.—
  591         (8) The case plan must be filed with the court and copies
  592  provided to all parties, including the child if appropriate:,
  593  not less than 3 business days before the disposition hearing.
  594         (a)Not less than 72 hours before the disposition hearing,
  595  if the disposition hearing occurs on or after the 60th day after
  596  the date the child was placed in out-of-home care; or
  597         (b)Not less than 72 hours before the case plan acceptance
  598  hearing, if the disposition hearing occurs before the 60th day
  599  after the date the child was placed in out-of-home care and a
  600  case plan has not been submitted under this subsection, or if
  601  the court does not approve the case plan at the disposition
  602  hearing.
  603         Section 9. Section 39.63, Florida Statutes, is created to
  604  read:
  605         39.63Case closure.—Unless s. 39.6251 applies, the court
  606  shall close the judicial case for all proceedings under this
  607  chapter by terminating protective supervision and its
  608  jurisdiction as provided in this section.
  609         (1)If a child is placed under the protective supervision
  610  of the department, the protective supervision continues until
  611  such supervision is terminated by the court or until the child
  612  reaches the age of 18, whichever occurs first. The court shall
  613  terminate protective supervision when it determines that
  614  permanency has been achieved for the child and supervision is no
  615  longer needed. If the court adopts a permanency goal of
  616  reunification with a parent or legal custodian from whom the
  617  child was initially removed, the court must retain jurisdiction
  618  and the department must supervise the placement for a minimum of
  619  6 months after reunification. The court shall determine whether
  620  its jurisdiction should be continued or terminated based on a
  621  report of the department or the child’s guardian ad litem. The
  622  termination of supervision may be with or without retaining
  623  jurisdiction, at the court’s discretion.
  624         (2)The order terminating protective supervision must set
  625  forth the powers of the legal custodian of the child and include
  626  the powers originally granted to a guardian of the person of a
  627  minor unless otherwise specified.
  628         (3)Upon the court’s termination of supervision by the
  629  department, further judicial reviews are not required.
  630         (4)The court must enter a written order terminating its
  631  jurisdiction over a child when the child is returned to his or
  632  her parent. However, the court must retain jurisdiction over the
  633  child for a minimum of 6 months after reunification and may not
  634  terminate its jurisdiction until the court determines that
  635  protective supervision is no longer needed.
  636         (5)If a child was not removed from the home, the court
  637  must enter a written order terminating its jurisdiction over the
  638  child when the court determines that permanency has been
  639  achieved.
  640         (6)If a child is placed in the custody of a parent and the
  641  court determines that reasonable efforts to reunify the child
  642  with the other parent are not required, the court may, at any
  643  time, order that the custodial parent assume sole custodial
  644  responsibilities for the child, provide for reasonable
  645  visitation by the noncustodial parent, and terminate its
  646  jurisdiction over the child. If the court previously approved a
  647  case plan that requires services to be provided to the
  648  noncustodial parent, the court may not terminate its
  649  jurisdiction before the case plan expires unless the court finds
  650  by a preponderance of the evidence that it is not likely that
  651  the child will be reunified with the noncustodial parent within
  652  12 months after the child was removed from the home.
  653         (7)When a child has been adopted under a chapter 63
  654  proceeding, the court must enter a written order terminating its
  655  jurisdiction over the child in the chapter 39 proceeding.
  656         Section 10. Paragraph (e) of subsection (1) and subsection
  657  (2) of section 39.806, Florida Statutes, are amended to read:
  658         39.806 Grounds for termination of parental rights.—
  659         (1) Grounds for the termination of parental rights may be
  660  established under any of the following circumstances:
  661         (e) When a child has been adjudicated dependent, a case
  662  plan has been filed with the court, and:
  663         1. The child continues to be abused, neglected, or
  664  abandoned by the parent or parents. The failure of the parent or
  665  parents to substantially comply with the case plan for a period
  666  of 12 months after an adjudication of the child as a dependent
  667  child or the child’s placement into shelter care, whichever
  668  occurs first, constitutes evidence of continuing abuse, neglect,
  669  or abandonment unless the failure to substantially comply with
  670  the case plan was due to the parent’s lack of financial
  671  resources or to the failure of the department to make reasonable
  672  efforts to reunify the parent and child. The 12-month period
  673  begins to run only after the child’s placement into shelter care
  674  or the entry of a disposition order placing the custody of the
  675  child with the department or a person other than the parent and
  676  the court’s approval of a case plan having the goal of
  677  reunification with the parent, whichever occurs first; or
  678         2. The parent or parents have materially breached the case
  679  plan by their action or inaction. Time is of the essence for
  680  permanency of children in the dependency system. In order to
  681  prove the parent or parents have materially breached the case
  682  plan, the court must find by clear and convincing evidence that
  683  the parent or parents are unlikely or unable to substantially
  684  comply with the case plan before time to comply with the case
  685  plan expires; or.
  686         3. The child has been in care for any 12 of the last 22
  687  months and the parents have not substantially complied with the
  688  case plan so as to permit reunification under s. 39.522(3) s.
  689  39.522(2) unless the failure to substantially comply with the
  690  case plan was due to the parent’s lack of financial resources or
  691  to the failure of the department to make reasonable efforts to
  692  reunify the parent and child.
  693         (2) Reasonable efforts to preserve and reunify families are
  694  not required if a court of competent jurisdiction has determined
  695  that any of the events described in paragraphs (1)(b)-(d) or
  696  paragraphs (1)(f)-(n) (1)(f)-(m) have occurred.
  697         Section 11. Subsection (9) of section 39.811, Florida
  698  Statutes, is amended to read:
  699         39.811 Powers of disposition; order of disposition.—
  700         (9) After termination of parental rights or a written order
  701  of permanent commitment entered under s. 39.5035, the court
  702  shall retain jurisdiction over any child for whom custody is
  703  given to a social service agency until the child is adopted. The
  704  court shall review the status of the child’s placement and the
  705  progress being made toward permanent adoptive placement. As part
  706  of this continuing jurisdiction, for good cause shown by the
  707  guardian ad litem for the child, the court may review the
  708  appropriateness of the adoptive placement of the child. The
  709  department’s decision to deny an application to adopt a child
  710  who is under the court’s jurisdiction is reviewable only through
  711  a motion to file a chapter 63 petition as provided in s.
  712  39.812(4), and is not subject to chapter 120.
  713         Section 12. Subsections (1), (4), and (5) of section
  714  39.812, Florida Statutes, are amended to read:
  715         39.812 Postdisposition relief; petition for adoption.—
  716         (1) If the department is given custody of a child for
  717  subsequent adoption in accordance with this chapter, the
  718  department may place the child with an agency as defined in s.
  719  63.032, with a child-caring agency registered under s. 409.176,
  720  or in a family home for prospective subsequent adoption without
  721  the need for a court order unless otherwise required under this
  722  section. The department may allow prospective adoptive parents
  723  to visit with a child in the department’s custody without a
  724  court order to determine whether the adoptive placement would be
  725  appropriate. The department may thereafter become a party to any
  726  proceeding for the legal adoption of the child and appear in any
  727  court where the adoption proceeding is pending and consent to
  728  the adoption, and that consent alone shall in all cases be
  729  sufficient.
  730         (4) The court shall retain jurisdiction over any child
  731  placed in the custody of the department until the case is closed
  732  as provided in s. 39.63 the child is adopted. After custody of a
  733  child for subsequent adoption has been given to the department,
  734  the court has jurisdiction for the purpose of reviewing the
  735  status of the child and the progress being made toward permanent
  736  adoptive placement. As part of this continuing jurisdiction, for
  737  good cause shown by the guardian ad litem for the child, the
  738  court may review the appropriateness of the adoptive placement
  739  of the child.
  740         (a)If the department has denied a person’s application to
  741  adopt a child, the denied applicant may file a motion with the
  742  court within 30 days after the issuance of the written
  743  notification of denial to allow him or her to file a chapter 63
  744  petition to adopt a child without the department’s consent. The
  745  denied applicant must allege in its motion that the department
  746  unreasonably withheld its consent to the adoption. The court, as
  747  part of its continuing jurisdiction, may review and rule on the
  748  motion.
  749         1.The denied applicant only has standing in the chapter 39
  750  proceeding to file the motion in paragraph (a) and to present
  751  evidence in support of the motion at a hearing, which must be
  752  held within 30 days after the filing of the motion.
  753         2.At the hearing on the motion, the court may only
  754  consider whether the department’s review of the application was
  755  consistent with its policies and made in an expeditious manner.
  756  The standard of review by the court is whether the department’s
  757  denial of the application is an abuse of discretion. The court
  758  may not compare the denied applicant against another applicant
  759  to determine which placement is in the best interests of the
  760  child.
  761         3.If the denied applicant establishes by a preponderance
  762  of the evidence that the department unreasonably withheld its
  763  consent, the court shall enter an order authorizing the denied
  764  applicant to file a petition to adopt the child under chapter 63
  765  without the department’s consent.
  766         4.If the denied applicant does not prove by a
  767  preponderance of the evidence that the department unreasonably
  768  withheld its consent, the court shall enter an order so finding
  769  and dismiss the motion.
  770         5.The standing of the denied applicant in the chapter 39
  771  proceeding is terminated upon entry of the court’s order.
  772         (b) When a licensed foster parent or court-ordered
  773  custodian has applied to adopt a child who has resided with the
  774  foster parent or custodian for at least 6 months and who has
  775  previously been permanently committed to the legal custody of
  776  the department and the department does not grant the application
  777  to adopt, the department may not, in the absence of a prior
  778  court order authorizing it to do so, remove the child from the
  779  foster home or custodian, except when:
  780         1.(a) There is probable cause to believe that the child is
  781  at imminent risk of abuse or neglect;
  782         2.(b) Thirty days have expired following written notice to
  783  the foster parent or custodian of the denial of the application
  784  to adopt, within which period no formal challenge of the
  785  department’s decision has been filed; or
  786         3.(c) The foster parent or custodian agrees to the child’s
  787  removal; or.
  788         4.The department has selected another prospective adoptive
  789  parent to adopt the child and either the foster parent or
  790  custodian has not filed a motion with the court to allow him or
  791  her to file a chapter 63 petition to adopt a child without the
  792  department’s consent, as provided under paragraph (a), or the
  793  court has denied such a motion.
  794         (5) The petition for adoption must be filed in the division
  795  of the circuit court which entered the judgment terminating
  796  parental rights, unless a motion for change of venue is granted
  797  under pursuant to s. 47.122. A copy of the consent executed by
  798  the department must be attached to the petition, unless such
  799  consent is waived under subsection (4) pursuant to s. 63.062(7).
  800  The petition must be accompanied by a statement, signed by the
  801  prospective adoptive parents, acknowledging receipt of all
  802  information required to be disclosed under s. 63.085 and a form
  803  provided by the department which details the social and medical
  804  history of the child and each parent and includes the social
  805  security number and date of birth for each parent, if such
  806  information is available or readily obtainable. The prospective
  807  adoptive parents may not file a petition for adoption until the
  808  judgment terminating parental rights becomes final. An adoption
  809  proceeding under this subsection is governed by chapter 63.
  810         Section 13. Section 39.820, Florida Statutes, is amended to
  811  read:
  812         39.820 Definitions.—As used in this chapter part, the term:
  813         (1) “Guardian ad litem” as referred to in any civil or
  814  criminal proceeding includes the following: The Statewide
  815  Guardian Ad Litem Office, which includes circuit a certified
  816  guardian ad litem programs; program, a duly certified volunteer,
  817  a staff member, a staff attorney, a contract attorney, or
  818  certified a pro bono attorney working on behalf of a guardian ad
  819  litem or the program; staff members of a program office; a
  820  court-appointed attorney; or a responsible adult who is
  821  appointed by the court to represent the best interests of a
  822  child in a proceeding as provided for by law, including, but not
  823  limited to, this chapter, who is a party to any judicial
  824  proceeding as a representative of the child, and who serves
  825  until discharged by the court.
  826         (2) “Guardian advocate” means a person appointed by the
  827  court to act on behalf of a drug dependent newborn pursuant to
  828  the provisions of this part.
  829         Section 14. Subsection (7) of section 63.062, Florida
  830  Statutes, is amended to read:
  831         63.062 Persons required to consent to adoption; affidavit
  832  of nonpaternity; waiver of venue.—
  833         (7) If parental rights to the minor have previously been
  834  terminated, the adoption entity with which the minor has been
  835  placed for subsequent adoption may provide consent to the
  836  adoption. In such case, no other consent is required. If the
  837  minor has been permanently committed to the department for
  838  subsequent adoption, the department must consent to the adoption
  839  or, in the alternative, the court order entered under s.
  840  39.812(4) finding that the department The consent of the
  841  department shall be waived upon a determination by the court
  842  that such consent is being unreasonably withheld its consent
  843  must be attached to the petition to adopt, and if the petitioner
  844  must file has filed with the court a favorable preliminary
  845  adoptive home study as required under s. 63.092.
  846         Section 15. Paragraph (b) of subsection (6) of section
  847  63.082, Florida Statutes, is amended to read:
  848         63.082 Execution of consent to adoption or affidavit of
  849  nonpaternity; family social and medical history; revocation of
  850  consent.—
  851         (6)
  852         (b) Upon execution of the consent of the parent, the
  853  adoption entity is shall be permitted to intervene in the
  854  dependency case as a party in interest and must provide the
  855  court that acquired jurisdiction over the minor, pursuant to the
  856  shelter order or dependency petition filed by the department, a
  857  copy of the preliminary home study of the prospective adoptive
  858  parents and any other evidence of the suitability of the
  859  placement. The preliminary home study must be maintained with
  860  strictest confidentiality within the dependency court file and
  861  the department’s file. A preliminary home study must be provided
  862  to the court in all cases in which an adoption entity has
  863  intervened under pursuant to this section. The exemption in s.
  864  63.092(3) from the home study for a stepparent or relative does
  865  not apply if a minor is under the supervision of the department
  866  or is otherwise subject to the jurisdiction of the dependency
  867  court as a result of the filing of a shelter petition,
  868  dependency petition, or termination of parental rights petition
  869  under chapter 39. Unless the court has concerns regarding the
  870  qualifications of the home study provider, or concerns that the
  871  home study may not be adequate to determine the best interests
  872  of the child, the home study provided by the adoption entity is
  873  shall be deemed to be sufficient and no additional home study
  874  needs to be performed by the department.
  875         Section 16. Subsections (8) and (9) of section 402.302,
  876  Florida Statutes, are amended to read:
  877         402.302 Definitions.—As used in this chapter, the term:
  878         (8) “Family day care home” means an occupied primary
  879  residence leased or owned by the operator in which child care is
  880  regularly provided for children from at least two unrelated
  881  families and which receives a payment, fee, or grant for any of
  882  the children receiving care, whether or not operated for profit.
  883  Household children under 13 years of age, when on the premises
  884  of the family day care home or on a field trip with children
  885  enrolled in child care, are shall be included in the overall
  886  capacity of the licensed home. A family day care home is shall
  887  be allowed to provide care for one of the following groups of
  888  children, which shall include household children under 13 years
  889  of age:
  890         (a) A maximum of four children from birth to 12 months of
  891  age.
  892         (b) A maximum of three children from birth to 12 months of
  893  age, and other children, for a maximum total of six children.
  894         (c) A maximum of six preschool children if all are older
  895  than 12 months of age.
  896         (d) A maximum of 10 children if no more than 5 are
  897  preschool age and, of those 5, no more than 2 are under 12
  898  months of age.
  899         (9) “Household children” means children who are related by
  900  blood, marriage, or legal adoption to, or who are the legal
  901  wards of, the family day care home operator, the large family
  902  child care home operator, or an adult household member who
  903  permanently or temporarily resides in the home. Supervision of
  904  the operator’s household children shall be left to the
  905  discretion of the operator unless those children receive
  906  subsidized child care through the school readiness program under
  907  pursuant to s. 1002.92 to be in the home.
  908         Section 17. Paragraph (a) of subsection (7), paragraphs (b)
  909  and (c) of subsection (9), and subsection (10) of section
  910  402.305, Florida Statutes, are amended to read:
  911         402.305 Licensing standards; child care facilities.—
  912         (7) SANITATION AND SAFETY.—
  913         (a) Minimum standards shall include requirements for
  914  sanitary and safety conditions, first aid treatment, emergency
  915  procedures, and pediatric cardiopulmonary resuscitation. The
  916  minimum standards shall require that at least one staff person
  917  trained and certified in cardiopulmonary resuscitation, as
  918  evidenced by current documentation of course completion, must be
  919  present at all times that children are present.
  920         (9) ADMISSIONS AND RECORDKEEPING.—
  921         (b) At the time of initial enrollment and annually
  922  thereafter During the months of August and September of each
  923  year, each child care facility shall provide parents of children
  924  enrolled in the facility detailed information regarding the
  925  causes, symptoms, and transmission of the influenza virus in an
  926  effort to educate those parents regarding the importance of
  927  immunizing their children against influenza as recommended by
  928  the Advisory Committee on Immunization Practices of the Centers
  929  for Disease Control and Prevention.
  930         (c) At the time of initial enrollment and annually
  931  thereafter During the months of April and September of each
  932  year, at a minimum, each facility shall provide parents of
  933  children enrolled in the facility information regarding the
  934  potential for a distracted adult to fail to drop off a child at
  935  the facility and instead leave the child in the adult’s vehicle
  936  upon arrival at the adult’s destination. The child care facility
  937  shall also give parents information about resources with
  938  suggestions to avoid this occurrence. The department shall
  939  develop a flyer or brochure with this information that shall be
  940  posted to the department’s website, which child care facilities
  941  may choose to reproduce and provide to parents to satisfy the
  942  requirements of this paragraph.
  943         (10) TRANSPORTATION SAFETY.—
  944         (a) Minimum standards for child care facilities, family day
  945  care homes, and large family child care homes shall include all
  946  of the following:
  947         1. Requirements for child restraints or seat belts in
  948  vehicles used by child care facilities and large family child
  949  care homes to transport children.,
  950         2. Requirements for annual inspections of such the
  951  vehicles.,
  952         3. Limitations on the number of children which may be
  953  transported in such the vehicles.,
  954         4. Procedures to avoid leaving children in vehicles when
  955  transported by the facility, and accountability for children
  956  transported by the child care facility.
  957         (b)Before providing transportation services or reinstating
  958  transportation services after a lapse or discontinuation of
  959  longer than 30 days, a child care facility, family day care
  960  home, or large family child care home must be approved by the
  961  department to transport children. Approval by the department is
  962  based on the provider’s demonstration of compliance with all
  963  current rules and standards for transportation.
  964         (c) A child care facility, family day care home, or large
  965  family child care home is not responsible for the safe transport
  966  of children when they are being transported by a parent or
  967  guardian.
  968         Section 18. Subsections (14) and (15) of section 402.313,
  969  Florida Statutes, are amended to read:
  970         402.313 Family day care homes.—
  971         (14) At the time of initial enrollment and annually
  972  thereafter During the months of August and September of each
  973  year, each family day care home shall provide parents of
  974  children enrolled in the home detailed information regarding the
  975  causes, symptoms, and transmission of the influenza virus in an
  976  effort to educate those parents regarding the importance of
  977  immunizing their children against influenza as recommended by
  978  the Advisory Committee on Immunization Practices of the Centers
  979  for Disease Control and Prevention.
  980         (15) At the time of initial enrollment and annually
  981  thereafter During the months of April and September of each
  982  year, at a minimum, each family day care home shall provide
  983  parents of children attending the family day care home
  984  information regarding the potential for a distracted adult to
  985  fail to drop off a child at the family day care home and instead
  986  leave the child in the adult’s vehicle upon arrival at the
  987  adult’s destination. The family day care home shall also give
  988  parents information about resources with suggestions to avoid
  989  this occurrence. The department shall develop a flyer or
  990  brochure with this information that shall be posted to the
  991  department’s website, which family day care homes may choose to
  992  reproduce and provide to parents to satisfy the requirements of
  993  this subsection.
  994         Section 19. Subsections (8), (9), and (10) of section
  995  402.3131, Florida Statutes, are amended to read:
  996         402.3131 Large family child care homes.—
  997         (8) Before Prior to being licensed by the department, large
  998  family child care homes must be approved by the state or local
  999  fire marshal in accordance with standards established for child
 1000  care facilities.
 1001         (9) At the time of initial enrollment and annually
 1002  thereafter During the months of August and September of each
 1003  year, each large family child care home shall provide parents of
 1004  children enrolled in the home detailed information regarding the
 1005  causes, symptoms, and transmission of the influenza virus in an
 1006  effort to educate those parents regarding the importance of
 1007  immunizing their children against influenza as recommended by
 1008  the Advisory Committee on Immunization Practices of the Centers
 1009  for Disease Control and Prevention.
 1010         (10) At the time of initial enrollment and annually
 1011  thereafter During the months of April and September of each
 1012  year, at a minimum, each large family child care home shall
 1013  provide parents of children attending the large family child
 1014  care home information regarding the potential for a distracted
 1015  adult to fail to drop off a child at the large family child care
 1016  home and instead leave the child in the adult’s vehicle upon
 1017  arrival at the adult’s destination. The large family child care
 1018  home shall also give parents information about resources with
 1019  suggestions to avoid this occurrence. The department shall
 1020  develop a flyer or brochure with this information that shall be
 1021  posted to the department’s website, which large family child
 1022  care homes may choose to reproduce and provide to parents to
 1023  satisfy the requirements of this subsection.
 1024         Section 20. Subsection (6) and paragraphs (b) and (e) of
 1025  subsection (7) of section 409.1451, Florida Statutes, are
 1026  amended to read:
 1027         409.1451 The Road-to-Independence Program.—
 1028         (6) ACCOUNTABILITY.—The department shall develop outcome
 1029  measures for the program and other performance measures in order
 1030  to maintain oversight of the program. No later than January 31
 1031  of each year, the department shall prepare a report on the
 1032  outcome measures and the department’s oversight activities and
 1033  submit the report to the President of the Senate, the Speaker of
 1034  the House of Representatives, and the committees with
 1035  jurisdiction over issues relating to children and families in
 1036  the Senate and the House of Representatives. The report must
 1037  include:
 1038         (a)An analysis of performance on the outcome measures
 1039  developed under this section reported for each community-based
 1040  care lead agency and compared with the performance of the
 1041  department on the same measures.
 1042         (b)A description of the department’s oversight of the
 1043  program, including, by lead agency, any programmatic or fiscal
 1044  deficiencies found, corrective actions required, and current
 1045  status of compliance.
 1046         (c)Any rules adopted or proposed under this section since
 1047  the last report. For the purposes of the first report, any rules
 1048  adopted or proposed under this section must be included.
 1049         (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
 1050  secretary shall establish the Independent Living Services
 1051  Advisory Council for the purpose of reviewing and making
 1052  recommendations concerning the implementation and operation of
 1053  the provisions of s. 39.6251 and the Road-to-Independence
 1054  Program. The advisory council shall function as specified in
 1055  this subsection until the Legislature determines that the
 1056  advisory council can no longer provide a valuable contribution
 1057  to the department’s efforts to achieve the goals of the services
 1058  designed to enable a young adult to live independently.
 1059         (b)The advisory council shall report to the secretary on
 1060  the status of the implementation of the Road-to-Independence
 1061  Program, efforts to publicize the availability of the Road-to
 1062  Independence Program, the success of the services, problems
 1063  identified, recommendations for department or legislative
 1064  action, and the department’s implementation of the
 1065  recommendations contained in the Independent Living Services
 1066  Integration Workgroup Report submitted to the appropriate
 1067  substantive committees of the Legislature by December 31, 2013.
 1068  The department shall submit a report by December 31 of each year
 1069  to the Governor, the President of the Senate, and the Speaker of
 1070  the House of Representatives which includes a summary of the
 1071  factors reported on by the council and identifies the
 1072  recommendations of the advisory council and either describes the
 1073  department’s actions to implement the recommendations or
 1074  provides the department’s rationale for not implementing the
 1075  recommendations.
 1076         (e)The advisory council report required under paragraph
 1077  (b) must include an analysis of the system of independent living
 1078  transition services for young adults who reach 18 years of age
 1079  while in foster care before completing high school or its
 1080  equivalent and recommendations for department or legislative
 1081  action. The council shall assess and report on the most
 1082  effective method of assisting these young adults to complete
 1083  high school or its equivalent by examining the practices of
 1084  other states.
 1085         Section 21. This act shall take effect October 1, 2020.
 1086  
 1087  ================= T I T L E  A M E N D M E N T ================
 1088  And the title is amended as follows:
 1089         Delete everything before the enacting clause
 1090  and insert:
 1091                        A bill to be entitled                      
 1092         An act relating to child welfare; amending s. 25.385,
 1093         F.S.; requiring the Florida Court Educational Council
 1094         to establish certain standards for instruction of
 1095         specified circuit court judges; amending s. 39.205,
 1096         F.S.; deleting a requirement for the Department of
 1097         Children and Families to report certain information to
 1098         the Legislature; amending s. 39.302, F.S.; requiring
 1099         the department to review certain reports under certain
 1100         circumstances; amending s. 39.407, F.S.; transferring
 1101         certain duties to the department from the Agency for
 1102         Health Care Administration; creating s. 39.5035, F.S.;
 1103         providing court procedures and requirements relating
 1104         to deceased parents of a dependent child; providing
 1105         requirements for petitions for adjudication and
 1106         permanent commitment for certain children; amending s.
 1107         39.521, F.S.; deleting provisions relating to
 1108         protective supervision; deleting provisions relating
 1109         to the court’s authority to enter an order ending its
 1110         jurisdiction over a child under certain circumstances;
 1111         amending s. 39.522, F.S.; providing requirements for a
 1112         modification of placement of a child under the
 1113         supervision of the department; amending s. 39.6011,
 1114         F.S.; providing timeframes in which case plans must be
 1115         filed with the court and be provided to specified
 1116         parties; creating s. 39.63, F.S.; providing procedures
 1117         and requirements for closing a case under chapter 39;
 1118         amending s. 39.806, F.S.; conforming cross-references;
 1119         amending s. 39.811, F.S.; expanding conditions under
 1120         which a court retains jurisdiction; providing when
 1121         certain decisions relating to adoption are reviewable;
 1122         amending s. 39.812, F.S.; authorizing the department
 1123         to take certain actions without a court order;
 1124         authorizing certain persons to file a petition to
 1125         adopt a child without the department’s consent;
 1126         providing standing requirements; providing a standard
 1127         of proof; providing responsibilities of the court in
 1128         such cases; amending s. 39.820, F.S.; revising the
 1129         definition of the term “guardian ad litem”; amending
 1130         s. 63.062, F.S.; requiring the department to consent
 1131         to certain adoptions; providing exceptions; amending
 1132         s. 63.082, F.S.; providing construction; amending s.
 1133         402.302, F.S.; revising definitions; amending s.
 1134         402.305, F.S.; requiring a certain number of staff
 1135         persons at child care facilities to be certified in
 1136         certain safety techniques; requiring child care
 1137         facilities to provide certain information to parents
 1138         at the time of initial enrollment and annually
 1139         thereafter; revising minimum standards for child care
 1140         facilities, family day care homes, and large family
 1141         child care homes relating to transportation; requiring
 1142         child care facilities, family day care homes, and
 1143         large family child care homes to be approved by the
 1144         department to transport children in certain
 1145         situations; amending s. 402.313, F.S.; requiring
 1146         family day care homes to provide certain information
 1147         to parents at the time of enrollment and annually
 1148         thereafter; amending s. 402.3131, F.S.; requiring
 1149         large family child care homes to provide certain
 1150         information to parents at the time of enrollment and
 1151         annually thereafter; amending s. 409.1451, F.S.;
 1152         deleting a reporting requirement of the department and
 1153         the Independent Living Services Advisory Council;
 1154         providing an effective date.