SENATE AMENDMENT
    Bill No. CS/CS/HB 577
    Amendment No. ___   Barcode 551058
                            CHAMBER ACTION
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11  Senator Campbell moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 752, between lines 6 and 7,
15  
16  insert:  
17         Section 842.  The guardian ad litem program is
18  transferred to the Statewide Public Guardianship and
19  Children's Representation Office, and each circuit guardian ad
20  litem office is renamed as the Circuit Office of Children's
21  Representation.
22         Section 843.  The Statewide Public Guardianship and
23  Children's Representation Office, in consultation with
24  appropriate parties, including the judicial branch, Office of
25  the Governor, Attorney General, and a representative of the
26  Justice Administrative Commission, shall study the
27  organizational placement of the Statewide Public Guardianship
28  and Children's Representation Office, including the Deputy
29  Director and related staff and the Circuit Offices of
30  Children's Representation, and shall make recommendations
31  regarding the placement to the Legislature by February 1,
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SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 2003. 2 Section 844. Effective October 1, 2002, the guardian 3 ad litem program in the Office of the State Court 4 Administrator and in each judicial circuit and all of its 5 statutory powers, duties, and functions, and its records, 6 personnel, property, and unexpended balances of 7 appropriations, allocations, or other funds, are transferred 8 by a type two transfer, as defined in section 20.06(2), 9 Florida Statutes, to the Statewide Public Guardianship and 10 Children's Representation Office. The counties shall continue 11 to fund those existing elements of the guardian ad litem 12 offices when the offices become Circuit Offices of Children's 13 Representation. Such funding shall be consistent with current 14 practice including providing for additions to office staffing 15 until the Legislature expressly assumes the responsibility for 16 funding such elements. 17 Section 845. Subsection (1) of section 25.388, Florida 18 Statutes, is amended to read: 19 25.388 Family Courts Trust Fund.-- 20 (1)(a) The trust fund moneys in the Family Courts 21 Trust Fund, administered by the Supreme Court, shall be used 22 to implement family court plans in all judicial circuits of 23 this state. 24 (b) The Supreme Court, through the Office of the State 25 Courts Administrator, shall adopt a comprehensive plan for the 26 operation of the trust fund and the expenditure of any moneys 27 deposited into the trust fund. The plan shall provide for a 28 comprehensive integrated response to families in litigation, 29 including domestic violence matters, the Statewide Public 30 Guardianship and Children's Representation Office's 31 representation of children in dependency proceedings guardian 2 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 ad litem programs, mediation programs, legal support, 2 training, automation, and other related costs incurred to 3 benefit the citizens of the state and the courts in relation 4 to family law cases. The trust fund shall be used to fund the 5 publication of the handbook created pursuant to s. 741.0306. 6 Section 846. Section 744.701, Florida Statutes, is 7 amended to read: 8 744.701 Short title.--This act shall be known and may 9 be cited as the "Public Guardianship and Children's 10 Representation Act." 11 Section 847. Section 744.702, Florida Statutes, is 12 amended to read: 13 744.702 Legislative intent.--The Legislature finds 14 that children involved in dependency proceedings and 15 incapacitated persons are the state's most vulnerable 16 residents. 17 (1) If a minor child is a party to a dependency 18 proceeding, every effort should be made to ensure that the 19 child has representation through a guardian ad litem or legal 20 counsel. If the child and the child's parents are indigent, 21 the state should ensure that the child is protected in 22 dependency proceedings. One of the purposes of this part is to 23 ensure that the rights and interests of a child who is a party 24 to a dependency proceeding are protected when those rights and 25 interests are not otherwise represented. 26 (2) The Legislature finds that private guardianship 27 for an incapacitated person is inadequate where there is no 28 willing and responsible family member or friend, other person, 29 bank, or corporation available to serve as guardian for an 30 incapacitated person, and such person does not have adequate 31 income or wealth for the compensation of a private guardian. 3 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 The Legislature intends through this act to establish the 2 Statewide Public Guardianship and Children's Representation 3 Office, and permit the establishment of offices of public 4 guardian for the purpose of providing guardianship services 5 for incapacitated persons when no private guardian is 6 available. The Legislature further finds that alternatives to 7 guardianship and less intrusive means of assistance should 8 always be explored, including, but not limited to, guardian 9 advocates, before an individual's rights are removed through 10 an adjudication of incapacity. The purpose of this 11 legislation is to provide a public guardian only to those 12 persons whose needs cannot be met through less drastic means 13 of intervention. 14 Section 848. Section 744.7021, Florida Statutes, is 15 amended to read: 16 744.7021 Statewide Public Guardianship and Children's 17 Representation Office.--There is hereby created the Statewide 18 Public Guardianship and Children's Representation Office 19 within the Department of Elderly Affairs. The Department of 20 Elderly Affairs shall provide administrative support and 21 service to the office to the extent requested by the executive 22 director within the available resources of the department. The 23 Statewide Public Guardianship and Children's Representation 24 Office may request the assistance of the Inspector General of 25 the Department of Elderly Affairs in providing auditing 26 services, and the Office of General Counsel of the department 27 may provide assistance in rulemaking and other matters as 28 needed to assist the Statewide Public Guardianship and 29 Children's Representation Office. The Statewide Public 30 Guardianship and Children's Representation Office shall not be 31 subject to control, supervision, or direction by the 4 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 Department of Elderly Affairs in the performance of its 2 duties. 3 (1) The head of the Statewide Public Guardianship and 4 Children's Representation Office is the executive director, 5 who shall be appointed by the Governor for a term of 3 years 6 and who shall report to the Governor. The executive director 7 must be a licensed attorney who has experience in managing 8 legal services or similar management experience. The executive 9 director shall appoint a deputy director of the Children's 10 Representation Program and a deputy director of the Statewide 11 Public Guardianship Program. The deputy director of the 12 Children's Representation Program must be a licensed attorney 13 who is knowledgeable in dependency law and has experience in 14 managing the provision of legal services. The deputy director 15 of the Statewide Public Guardianship Program must be a 16 licensed attorney with a background in guardianship law and 17 knowledge of social services available to meet the needs of 18 incapacitated persons., shall serve on a full-time basis, and 19 shall personally, or through representatives of the office, 20 carry out the purposes and functions of the Statewide Public 21 Guardianship Office in accordance with state and federal law. 22 The executive director shall serve at the pleasure of and 23 report to the Governor. 24 (2) The Statewide Public Guardianship and Children's 25 Representation Office shall, within available resources, have 26 oversight responsibilities for all public guardians. 27 (a) The office shall review the current public 28 guardian programs in Florida and other states. 29 (b) The office, in consultation with local 30 guardianship offices, shall develop statewide performance 31 measures and standards. 5 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 (c) The office shall review the various methods of 2 funding guardianship programs, the kinds of services being 3 provided by such programs, and the demographics of the wards. 4 In addition, the office shall review and make recommendations 5 regarding the feasibility of recovering a portion or all of 6 the costs of providing public guardianship services from the 7 assets or income of the wards. 8 (d) No later than October 1, 2000, the office shall 9 submit to the Governor, the President of the Senate, the 10 Speaker of the House of Representatives, and the Chief Justice 11 of the Supreme Court an interim report describing the progress 12 of the office in meeting the goals as described in this 13 section. No later than October 1, 2001, the office shall 14 submit to the Governor, the President of the Senate, the 15 Speaker of the House of Representatives, and the Chief Justice 16 of the Supreme Court a proposed public guardianship plan 17 including alternatives for meeting the state's guardianship 18 needs. This plan may include recommendations for less than the 19 entire state, may include a phase-in system, and shall include 20 estimates of the cost of each of the alternatives. Each year 21 thereafter, the office shall provide a status report and 22 provide further recommendations to address the need for public 23 guardianship services and related issues. 24 (e) The office may provide assistance to local 25 governments or entities in pursuing grant opportunities. The 26 office shall review and make recommendations in the annual 27 report on the availability and efficacy of seeking Medicaid 28 matching funds. The office shall diligently seek ways to use 29 existing programs and services to meet the needs of public 30 wards. 31 (f) The office shall develop a guardianship training 6 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 program. The training program may be offered to all guardians 2 whether public or private. The office shall establish a 3 curriculum committee to develop the training program specified 4 in this part. The curriculum committee shall include, but not 5 be limited to, probate judges. A fee may be charged to private 6 guardians in order to defray the cost of providing the 7 training. In addition, a fee may be charged to any training 8 provider for up to the actual cost of the review and approval 9 of their curriculum. Any fees collected pursuant to this 10 paragraph shall be deposited in the Department of Elderly 11 Affairs Administrative Trust Fund to be used for the 12 guardianship training program. 13 (3)(a) The office shall establish standards for 14 representation of children by the Circuit Offices of 15 Children's Representation, including recommended case loads 16 for attorneys and for volunteers and staff lay representatives 17 of a child. 18 (b) The office shall document the need for child 19 representation throughout the state and report annually on 20 October 1 to the Legislature concerning the need and the cost 21 to adequately provide representation for children in 22 dependency proceedings. The report must include information 23 concerning the type and level of advocacy provided in prior 24 years by both public entities and private entities providing 25 contract or pro bono services. 26 (c) The office shall develop performance measures and 27 standards for its services throughout the state and shall 28 annually report on the performance of the Circuit Offices of 29 Children's Representation. 30 (d) The office shall establish a Circuit Office of 31 Children's Representation in each judicial circuit in the 7 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 state. Each circuit office shall consist of an administrator, 2 staff or pro bono attorneys, social workers, volunteer 3 coordinators, volunteer or staff lay representatives for 4 children, and support staff. The administrator in each office 5 must be knowledgeable and proficient in the legal process and 6 the legal representation of children in court proceedings, as 7 well as discovery and mediation processes, and in the 8 supervision and training of volunteers. 9 (e) Each Circuit Office of Children's Representation 10 may provide and coordinate the provision of legal 11 representation of children in each aspect of dependency 12 proceedings when the child and the child's parents are 13 indigent pursuant to s. 27.52 or the child's rights are not 14 otherwise protected. The office must provide representation 15 for each child not otherwise represented who is a party to a 16 dependency proceeding. 17 (f) If a Circuit Office of Children's Representation 18 is appointed to represent a child, a staff or volunteer 19 representative and a staff or pro bono attorney shall be 20 assigned to provide the office's representation of the best 21 interests of the child. 22 (g) To the extent possible, the Statewide Public 23 Guardianship and Children's Representation Office or the 24 Circuit Offices of Children's Representation may augment staff 25 through agreements or contracts with the public defenders, 26 private entities, or public or private colleges or 27 universities for contract or pro bono legal representation to 28 children as court-appointed counsel for the child, to provide 29 pro bono representation to the office, or to provide non-legal 30 volunteer representation. 31 (h) The Statewide Public Guardianship and Children's 8 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 Representation Office and each Circuit Office of Children's 2 Representatives may establish a not-for-profit support 3 organization under section 501(c)(3) of the Internal Revenue 4 Code to assist in funding the needs of children receiving 5 services through the Circuit Offices of Children's 6 Representation. 7 (4)(3) The office may conduct or contract for 8 demonstration projects, within funds appropriated or through 9 gifts, grants, or contributions for such purposes, to 10 determine the feasibility or desirability of new concepts of 11 organization, administration, financing, or service delivery 12 designed to preserve the civil and constitutional rights of 13 persons of marginal or diminished capacity. Any gifts, grants, 14 or contributions for such purposes shall be deposited in the 15 Department of Elderly Affairs Administrative Trust Fund. 16 (5)(4) The office has authority to adopt rules 17 pursuant to ss. 120.536(1) and 120.54 to carry out the 18 provisions of this section. 19 Section 849. Subsections (1) and (6) of section 20 744.703, Florida Statutes, are amended to read: 21 744.703 Office of public guardian; appointment, 22 notification.-- 23 (1) The executive director of the Statewide Public 24 Guardianship and Children's Representation Office, after 25 consultation with the chief judge and other circuit judges 26 within the judicial circuit and with appropriate advocacy 27 groups and individuals and organizations who are knowledgeable 28 about the needs of incapacitated persons, may establish, 29 within a county in the judicial circuit or within the judicial 30 circuit, an office of public guardian and if so established, 31 shall create a list of persons best qualified to serve as the 9 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 public guardian, and such qualifications shall include review 2 pursuant to s. 744.3135. The public guardian must have 3 knowledge of the legal process and knowledge of social 4 services available to meet the needs of incapacitated persons. 5 A nonprofit corporation under s. 744.309(5) may be appointed 6 public guardian only if: 7 (a) It has been granted tax-exempt status from the 8 United States Internal Revenue Service; and 9 (b) It maintains a staff of professionally qualified 10 individuals to carry out the guardianship functions, including 11 a staff attorney who has experience in probate areas and 12 another person who has a master's degree in social work, or a 13 gerontologist, psychologist, registered nurse, or nurse 14 practitioner. 15 (6) Public guardians who have been previously 16 appointed by a chief judge prior to the effective date of this 17 act pursuant to this section may continue in their positions 18 until the expiration of their term pursuant to their 19 agreement. However, oversight of all public guardians shall 20 transfer to the Statewide Public Guardianship and Children's 21 Representation Office upon the effective date of this act. The 22 executive director of the Statewide Public Guardianship and 23 Children's Representation Office shall be responsible for all 24 future appointments of public guardians pursuant to this act. 25 Section 850. Section 744.706, Florida Statutes, is 26 amended to read: 27 744.706 Preparation of budget.--Each public guardian, 28 whether funded in whole or in part by money raised through 29 local efforts, grants, or any other source or whether funded 30 in whole or in part by the state, shall prepare a budget for 31 the operation of the office of public guardian to be submitted 10 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 to the Statewide Public Guardianship and Children's 2 Representation Office. As appropriate, the Statewide Public 3 Guardianship and Children's Representation Office will include 4 such budgetary information in the Department of Elderly 5 Affairs' legislative budget request. The office of public 6 guardian shall be operated within the limitations of the 7 General Appropriations Act and any other funds appropriated by 8 the Legislature to that particular judicial circuit, subject 9 to the provisions of chapter 216. The Department of Elderly 10 Affairs shall make a separate and distinct request for an 11 appropriation for the Statewide Public Guardianship and 12 Children's Representation Office. However, this section does 13 shall not be construed to preclude the financing of any 14 operations of the office of the public guardian by moneys 15 raised through local effort or through the efforts of the 16 Statewide Public Guardianship and Children's Representation 17 Office. 18 Section 851. Section 744.707, Florida Statutes, is 19 amended to read: 20 744.707 Procedures and rules.--The public guardian, 21 subject to the oversight of the Statewide Public Guardianship 22 and Children's Representation Office, is authorized to: 23 (1) Formulate and adopt necessary procedures to assure 24 the efficient conduct of the affairs of the ward and general 25 administration of the office and staff. 26 (2) Contract for services necessary to discharge the 27 duties of the office. 28 (3) Accept the services of volunteer persons or 29 organizations and provide reimbursement for proper and 30 necessary expenses. 31 Section 852. Subsections (3), (4), (5), (7), and (8) 11 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 of section 744.708, Florida Statutes, are amended to read: 2 744.708 Reports and standards.-- 3 (3) A public guardian shall file an annual report on 4 the operations of the office of public guardian, in writing, 5 by September 1 for the preceding fiscal year with the 6 Statewide Public Guardianship and Children's Representation 7 Office, which shall have responsibility for supervision of the 8 operations of the office of public guardian. 9 (4) Within 6 months after of his or her appointment as 10 guardian of a ward, the public guardian shall submit to the 11 clerk of the court for placement in the ward's guardianship 12 file and to the executive director of the Statewide Public 13 Guardianship and Children's Representation Office a report on 14 his or her efforts to locate a family member or friend, other 15 person, bank, or corporation to act as guardian of the ward 16 and a report on the ward's potential to be restored to 17 capacity. 18 (5) An independent audit by a qualified certified 19 public accountant shall be performed at least every 2 years. 20 The audit should include an investigation into the practices 21 of the office for managing the person and property of the 22 wards. A copy of the report shall be submitted to the 23 Statewide Public Guardianship and Children's Representation 24 Office. In addition, the office of public guardian shall be 25 subject to audits or examinations by the Auditor General and 26 the Office of Program Policy Analysis and Government 27 Accountability pursuant to law. 28 (7) The ratio for professional staff to wards shall be 29 1 professional to 40 wards. The Statewide Public Guardianship 30 and Children's Representation Office may increase or decrease 31 the ratio after consultation with the local public guardian 12 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 and the chief judge of the circuit court. The basis of the 2 decision to increase or decrease the prescribed ratio shall be 3 reported in the annual report to the Governor, the President 4 of the Senate, the Speaker of the House of Representatives, 5 and the Chief Justice of the Supreme Court. 6 (8) The term "professional," for purposes of this 7 part, shall not include the public guardian nor the executive 8 director of the Statewide Public Guardianship and Children's 9 Representation Office. The term "professional" shall be 10 limited to those persons who exercise direct supervision of 11 individual wards under the direction of the public guardian. 12 Section 853. Section 744.7081, Florida Statutes, is 13 amended to read: 14 744.7081 Access to records by Statewide Public 15 Guardianship and Children's Representation Office; 16 confidentiality.--Notwithstanding any other provision of law 17 to the contrary, any medical, financial, or mental health 18 records held by an agency, or the court and its agencies, 19 which are necessary to evaluate the public guardianship 20 system, to assess the need for additional public guardianship, 21 or to develop required reports, shall be provided to the 22 Statewide Public Guardianship and Children's Representation 23 Office upon that office's request. Any confidential or exempt 24 information provided to the Statewide Public Guardianship and 25 Children's Representation Office shall continue to be held 26 confidential or exempt as otherwise provided by law. All 27 records held by the Statewide Public Guardianship and 28 Children's Representation Office relating to the medical, 29 financial, or mental health of vulnerable adults as defined in 30 chapter 415, persons with a developmental disability as 31 defined in chapter 393, or persons with a mental illness as 13 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 defined in chapter 394, shall be confidential and exempt from 2 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 3 This section is subject to the Open Government Sunset Review 4 Act of 1995 in accordance with s. 119.15, and shall stand 5 repealed on October 2, 2004, unless reviewed and saved from 6 repeal through reenactment by the Legislature. 7 Section 854. Subsection (6) of section 400.148, 8 Florida Statutes, is amended to read: 9 400.148 Medicaid "Up-or-Out" Quality of Care Contract 10 Management Program.-- 11 (6) The agency shall, jointly with the Statewide 12 Public Guardianship and Children's Representation Office, 13 develop a system in the pilot project areas to identify 14 Medicaid recipients who are residents of a participating 15 nursing home or assisted living facility who have diminished 16 ability to make their own decisions and who do not have 17 relatives or family available to act as guardians in nursing 18 homes listed on the Nursing Home Guide Watch List. The agency 19 and the Statewide Public Guardianship and Children's 20 Representation Office shall give such residents priority for 21 publicly funded guardianship services. 22 Section 855. Present subsection (7) of section 27.51, 23 Florida Statutes, is redesignated as subsection (8) and a new 24 subsection (7) is added to that section to read: 25 27.51 Duties of public defender.-- 26 (7) A public defender may enter into an agreement with 27 the Circuit Office of Children's Representation to provide 28 representation to a child in a dependency proceeding when the 29 court has determined that the child qualifies for independent 30 counsel under s. 39.8226(2)(b) or (3). 31 Section 856. Paragraph (a) of subsection (7) of 14 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 section 39.001, Florida Statutes, is amended to read: 2 39.001 Purposes and intent; personnel standards and 3 screening.-- 4 (7) PLAN FOR COMPREHENSIVE APPROACH.-- 5 (a) The department shall develop a state plan for the 6 prevention of abuse, abandonment, and neglect of children and 7 shall submit the plan to the Speaker of the House of 8 Representatives, the President of the Senate, and the Governor 9 no later than January 1, 1983. The Department of Education, 10 and the Division of Children's Medical Services Prevention and 11 Intervention of the Department of Health, and the Statewide 12 Public Guardianship and Children's Representation Office shall 13 participate and fully cooperate in the development of the 14 state plan at both the state and local levels. Furthermore, 15 appropriate local agencies and organizations shall be provided 16 an opportunity to participate in the development of the state 17 plan at the local level. Appropriate local groups and 18 organizations shall include, but not be limited to, community 19 mental health centers; Circuit Offices of Children's 20 Representation guardian ad litem programs for children under 21 the circuit court; the school boards of the local school 22 districts; the Florida local advocacy councils; private or 23 public organizations or programs with recognized expertise in 24 working with children who are sexually abused, physically 25 abused, emotionally abused, abandoned, or neglected and with 26 expertise in working with the families of such children; 27 private or public programs or organizations with expertise in 28 maternal and infant health care; multidisciplinary child 29 protection teams; child day care centers; and law enforcement 30 agencies, and the circuit courts, when guardian ad litem 31 programs are not available in the local area. The state plan 15 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 to be provided to the Legislature and the Governor shall 2 include, as a minimum, the information required of the various 3 groups in paragraph (b). 4 Section 857. Subsection (51) of section 39.01, Florida 5 Statutes, is amended to read: 6 39.01 Definitions.--When used in this chapter, unless 7 the context otherwise requires: 8 (51) "Party" means the parent or parents of the child, 9 the petitioner, the department, the guardian ad litem as 10 defined in s. 39.820 or the representative of the guardian ad 11 litem program when the program has been appointed, and the 12 child. While the child is a party, he or she may file 13 documents in a proceeding under this chapter only through a 14 court-appointed attorney or guardian ad litem. If information 15 or notice must be provided to a party, service shall be made 16 as provided in s. 39.502. The child has the right to attend 17 court proceedings, but it is not mandatory for the child to do 18 so unless the court finds that the appearance in court would 19 be in the best interest of the child. The presence of the 20 child may be excused by order of the court when presence would 21 not be in the child's best interest. Notice to the child and 22 the presence of the child may be excused by order of the court 23 when the age, capacity, or other condition of the child is 24 such that the notice or the presence of the child would be 25 meaningless, physically dangerous, or emotionally detrimental 26 to the child. 27 Section 858. Present subsections (9), (10), and (11) 28 of section 39.013, Florida Statutes, are redesignated as 29 subsections (10), (11) and (12), respectively, and a new 30 subsection (9) is added to that section to read: 31 39.013 Procedures and jurisdiction; right to 16 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 counsel.-- 2 (9) A child is entitled to representation at each 3 stage of the proceedings under this chapter, and, for each 4 child, the court shall appoint either a guardian ad litem 5 under s. 39.822 to provide representation in accordance with 6 s. 39.8225 or appoint any attorney under s. 39.8226. 7 Section 859. Paragraph (d) of subsection (2) and 8 subsection (5) of section 39.202, Florida Statutes, are 9 amended to read: 10 39.202 Confidentiality of reports and records in cases 11 of child abuse or neglect.-- 12 (2) Access to such records, excluding the name of the 13 reporter which shall be released only as provided in 14 subsection (4), shall be granted only to the following 15 persons, officials, and agencies: 16 (d) The parent or legal custodian of any child who is 17 alleged to have been abused, abandoned, or neglected, and the 18 child, the guardian ad litem, and their attorneys. This access 19 shall be made available no later than 30 days after the 20 department receives the initial report of abuse, neglect, or 21 abandonment. However, any information otherwise made 22 confidential or exempt by law shall not be released pursuant 23 to this paragraph. 24 (5) All records and reports of the child protection 25 team of the Department of Health are confidential and exempt 26 from the provisions of ss. 119.07(1) and 456.057, and shall 27 not be disclosed, except, upon request, to the state 28 attorney;, law enforcement agencies;, the department;, and 29 necessary professionals, in furtherance of the treatment or 30 additional evaluative needs of the child; for proceedings 31 under this chapter, the guardian ad litem or the attorney for 17 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 the child; by order of the court;, or to health plan payors, 2 limited to that information used for insurance reimbursement 3 purposes. 4 Section 860. Present subsections (4), (5), and (6) of 5 section 39.302, Florida Statutes, are redesignated as 6 subsections (5), (6), and (7), respectively, and a new 7 subsection (4) is added to that section to read: 8 39.302 Protective investigations of institutional 9 child abuse, abandonment, or neglect.-- 10 (4) Upon receipt of a report of institutional child 11 abuse, abandonment, or neglect as provided in subsection (1) 12 the department shall, within 24 hours, notify the guardian ad 13 litem or legal counsel for any child alleged to be abused, 14 abandoned, or neglected. Copies of the child-protective 15 investigation shall be provided to the guardian ad litem or 16 attorney immediately upon completion. 17 Section 861. Section 39.305, Florida Statutes, is 18 amended to read: 19 39.305 Intervention and treatment in sexual abuse 20 cases; model plan.--The department shall develop a model plan 21 for community intervention and treatment of intrafamily sexual 22 abuse in conjunction with the Department of Law Enforcement, 23 the Department of Health, the Department of Education, the 24 Attorney General, the Statewide Public Guardianship and 25 Children's Representation Office the state Guardian Ad Litem 26 Program, the Department of Corrections, representatives of the 27 judiciary, and professionals and advocates from the mental 28 health and child welfare community. 29 Section 862. Subsection (5) and paragraphs (b), (c), 30 and (e) of subsection (8) of section 39.402, Florida Statutes, 31 are amended to read: 18 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 39.402 Placement in a shelter.-- 2 (5)(a) The parents or legal custodians of the child, 3 the child, and either the child's guardian ad litem, if known, 4 or the Circuit Office of Children's Representation shall be 5 given such notice as best ensures their actual knowledge of 6 the date, time, and location of the shelter hearing. If the 7 parents or legal custodians are outside the jurisdiction of 8 the court, are not known, or cannot be located or refuse or 9 evade service, they shall be given such notice as best ensures 10 their actual knowledge of the date, time, and location of the 11 shelter hearing. The person providing or attempting to 12 provide notice under this paragraph to the parents or legal 13 custodians shall, if the persons or entities to be provided 14 notice parents or legal custodians are not present at the 15 hearing, advise the court either in person or by sworn 16 affidavit, of the attempts made to provide notice and the 17 results of those attempts. 18 (b) The parents or legal custodians, the child, and 19 either the child's guardian ad litem, if known, or the Circuit 20 Office of Children's Representation shall be given written 21 notice that: 22 1. They will be given an opportunity to be heard and 23 to present evidence at the shelter hearing; and 24 2. The parents They have the right to be represented 25 by counsel and the child has the right to counsel as provided 26 in s. 39.013., and, 27 a. If indigent, the parents have the right to be 28 represented by appointed counsel, at the shelter hearing and 29 at each subsequent hearing or proceeding, pursuant to the 30 procedures set forth in s. 39.013. 31 b. If the parents or legal custodians appear for the 19 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 shelter hearing without legal counsel, then, at their request, 2 the shelter hearing may be continued up to 72 hours to enable 3 the parents or legal custodians to consult legal counsel. 4 c. If the child appears for the shelter hearing 5 without a guardian ad litem, legal counsel, or representation 6 by the Circuit Office of Children's Representation, the 7 shelter hearing may be continued up to 72 hours to enable 8 representation to be retained on behalf of the child. 9 d. If a continuance is requested by the parents or 10 legal custodians, or on behalf of the child, the child shall 11 be continued in shelter care for the length of the 12 continuance, if granted by the court. 13 (8) 14 (b) The parents or legal custodians of the child, the 15 child, and either the child's guardian ad litem, if known, or 16 the Circuit Office of Children's Representation shall be given 17 such notice as best ensures their actual knowledge of the time 18 and place of the shelter hearing. The failure to provide 19 notice to a party or participant does not invalidate an order 20 placing a child in a shelter if the court finds that the 21 petitioner has made a good faith effort to provide such 22 notice. The court shall require the parents or legal 23 custodians present at the hearing to provide to the court on 24 the record the names, addresses, and relationships of all 25 parents, prospective parents, and next of kin of the child, so 26 far as are known. 27 (c) At the shelter hearing, the court shall: 28 1. Appoint representation for the child in accordance 29 with s. 39.013 a guardian ad litem to represent the best 30 interest of the child, unless the court finds that such 31 representation of the child is otherwise provided is 20 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 unnecessary; 2 2. Inform the parents or legal custodians of their 3 right to counsel to represent them at the shelter hearing and 4 at each subsequent hearing or proceeding, and the right of the 5 parents to appointed counsel, pursuant to the procedures set 6 forth in s. 39.013; and 7 3. Give the parents or legal custodians an opportunity 8 to be heard and to present evidence. 9 (e) At the shelter hearing, the department shall 10 provide the court and the child and either the child's 11 guardian ad litem, if known, or the Circuit Office of 12 Children's Representation copies of any available law 13 enforcement, medical, or other professional reports, and shall 14 also provide copies of abuse hotline reports pursuant to state 15 and federal confidentiality requirements. 16 Section 863. Subsection (5) of section 39.407, Florida 17 Statutes, is amended to read: 18 39.407 Medical, psychiatric, and psychological 19 examination and treatment of child; physical or mental 20 examination of parent or person requesting custody of child.-- 21 (5) Children who are in the legal custody of the 22 department may be placed by the department in a residential 23 treatment center licensed under s. 394.875 or a hospital 24 licensed under chapter 395 for residential mental health 25 treatment only pursuant to this section or may be placed by 26 the court in accordance with an order of involuntary 27 examination or involuntary placement entered pursuant to s. 28 394.463 or s. 394.467. All children placed in a residential 29 treatment program under this subsection must have a guardian 30 ad litem or legal counsel appointed. 31 (a) As used in this subsection, the term: 21 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 1. "Residential treatment" means placement for 2 observation, diagnosis, or treatment of an emotional 3 disturbance in a residential treatment center licensed under 4 s. 394.875 or a hospital licensed under chapter 395. 5 2. "Least restrictive alternative" means the treatment 6 and conditions of treatment that, separately and in 7 combination, are no more intrusive or restrictive of freedom 8 than reasonably necessary to achieve a substantial therapeutic 9 benefit or to protect the child or adolescent or others from 10 physical injury. 11 3. "Suitable for residential treatment" or 12 "suitability" means a determination concerning a child or 13 adolescent with an emotional disturbance as defined in s. 14 394.492(5) or a serious emotional disturbance as defined in s. 15 394.492(6) that each of the following criteria is met: 16 a. The child requires residential treatment. 17 b. The child is in need of a residential treatment 18 program and is expected to benefit from mental health 19 treatment. 20 c. An appropriate, less restrictive alternative to 21 residential treatment is unavailable. 22 (b) Whenever the department believes that a child in 23 its legal custody is emotionally disturbed and may need 24 residential treatment, an examination and suitability 25 assessment must be conducted by a qualified evaluator who is 26 appointed by the Agency for Health Care Administration. This 27 suitability assessment must be completed before the placement 28 of the child in a residential treatment center for emotionally 29 disturbed children and adolescents or a hospital. The 30 qualified evaluator must be a psychiatrist or a psychologist 31 licensed in Florida who has at least 3 years of experience in 22 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 the diagnosis and treatment of serious emotional disturbances 2 in children and adolescents and who has no actual or perceived 3 conflict of interest with any inpatient facility or 4 residential treatment center or program. 5 (c) Before a child is admitted under this subsection, 6 the child shall be assessed for suitability for residential 7 treatment by a qualified evaluator who has conducted a 8 personal examination and assessment of the child and has made 9 written findings that: 10 1. The child appears to have an emotional disturbance 11 serious enough to require residential treatment and is 12 reasonably likely to benefit from the treatment. 13 2. The child has been provided with a clinically 14 appropriate explanation of the nature and purpose of the 15 treatment. 16 3. All available modalities of treatment less 17 restrictive than residential treatment have been considered, 18 and a less restrictive alternative that would offer comparable 19 benefits to the child is unavailable. 20 21 A copy of the written findings of the evaluation and 22 suitability assessment must be provided to the department and 23 to the guardian ad litem or legal counsel, who shall have the 24 opportunity to discuss the findings with the evaluator. 25 (d) Immediately upon placing a child in a residential 26 treatment program under this section, the department must 27 notify the guardian ad litem or legal counsel and the court 28 having jurisdiction over the child and must provide the 29 guardian ad litem or legal counsel and the court with a copy 30 of the assessment by the qualified evaluator. 31 (e) Within 10 days after the admission of a child to a 23 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 residential treatment program, the director of the residential 2 treatment program or the director's designee must ensure that 3 an individualized plan of treatment has been prepared by the 4 program and has been explained to the child, to the 5 department, and to the guardian ad litem or legal counsel, and 6 submitted to the department. The child must be involved in the 7 preparation of the plan to the maximum feasible extent 8 consistent with his or her ability to understand and 9 participate, and the guardian ad litem or legal counsel and 10 the child's foster parents must be involved to the maximum 11 extent consistent with the child's treatment needs. The plan 12 must include a preliminary plan for residential treatment and 13 aftercare upon completion of residential treatment. The plan 14 must include specific behavioral and emotional goals against 15 which the success of the residential treatment may be 16 measured. A copy of the plan must be provided to the child, to 17 the guardian ad litem or legal counsel, and to the department. 18 (f) Within 30 days after admission, the residential 19 treatment program must review the appropriateness and 20 suitability of the child's placement in the program. The 21 residential treatment program must determine whether the child 22 is receiving benefit towards the treatment goals and whether 23 the child could be treated in a less restrictive treatment 24 program. The residential treatment program shall prepare a 25 written report of its findings and submit the report to the 26 guardian ad litem or legal counsel and to the department. The 27 department must submit the report to the court. The report 28 must include a discharge plan for the child. The residential 29 treatment program must continue to evaluate the child's 30 treatment progress every 30 days thereafter and must include 31 its findings in a written report submitted to the guardian ad 24 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 litem or legal counsel and the department. The department may 2 not reimburse a facility until the facility has submitted 3 every written report that is due. 4 (g)1. The department must submit, at the beginning of 5 each month, to the court having jurisdiction over the child 6 and to the guardian ad litem or legal counsel, a written 7 report regarding the child's progress towards achieving the 8 goals specified in the individualized plan of treatment. 9 2. The court must conduct a hearing to review the 10 status of the child's residential treatment plan no later than 11 3 months after the child's admission to the residential 12 treatment program. An independent review of the child's 13 progress towards achieving the goals and objectives of the 14 treatment plan must be completed by a qualified evaluator and 15 submitted to the court and to the guardian ad litem or legal 16 counsel before the court's its 3-month review. 17 3. For any child in residential treatment at the time 18 a judicial review is held pursuant to s. 39.701, the child's 19 continued placement in residential treatment must be a subject 20 of the judicial review. 21 4. If at any time the court determines that the child 22 is not suitable for continued residential treatment, the court 23 shall order the department to place the child in the least 24 restrictive setting that is best suited to meet his or her 25 needs. 26 (h) After the initial 3-month review, the court must 27 conduct a review of the child's residential treatment plan 28 every 90 days. 29 (i) The department must adopt rules for implementing 30 timeframes for the completion of suitability assessments by 31 qualified evaluators and a procedure that includes timeframes 25 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 for completing the 3-month independent review by the qualified 2 evaluators of the child's progress towards achieving the goals 3 and objectives of the treatment plan which review must be 4 submitted to the court. The Agency for Health Care 5 Administration must adopt rules for the registration of 6 qualified evaluators, the procedure for selecting the 7 evaluators to conduct the reviews required under this section, 8 and a reasonable, cost-efficient fee schedule for qualified 9 evaluators. 10 Section 864. Subsections (11), (12), (19), (20), and 11 (21) of section 39.4085, Florida Statutes, are amended to 12 read: 13 39.4085 Legislative findings and declaration of intent 14 for goals for dependent children.--The Legislature finds and 15 declares that the design and delivery of child welfare 16 services should be directed by the principle that the health 17 and safety of children should be of paramount concern and, 18 therefore, establishes the following goals for children in 19 shelter or foster care: 20 (11) To be the subject of a plan developed by the 21 counselor and the shelter or foster caregiver with the child, 22 when the child is of an age or capacity to participate, and 23 the child's guardian ad litem and with their legal counsel to 24 deal with identified behaviors that may present a risk to the 25 child or others. 26 (12) To be involved and incorporated, where 27 appropriate, and to have the child's guardian ad litem and the 28 legal counsel of the child and of the guardian ad litem 29 involved in the development of the case plan, to have a case 30 plan which will address their specific needs, and to object to 31 any of the provisions of the case plan. 26 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 (19) To be heard by the court, if appropriate, at all 2 review hearings, unless the child chooses not to be heard or 3 because of age, capacity, or other condition of the child, the 4 court determines it would be meaningless, physically 5 dangerous, or emotionally detrimental to the child. 6 (20) To have a guardian ad litem appointed to 7 represent, within reason, their best interests and, as 8 provided in s. 39.8226 where appropriate, legal counsel an 9 attorney ad litem appointed to represent their expressed legal 10 interests; the guardian ad litem and legal counsel attorney ad 11 litem shall have immediate and unlimited access to the 12 children they represent. 13 (21) To have all their records available for review by 14 their guardian ad litem and legal counsel attorney ad litem if 15 they deem such review necessary. 16 Section 865. Section 39.4086, Florida Statutes, is 17 repealed. 18 Section 866. Section 39.502, Florida Statutes, is 19 amended to read: 20 39.502 Notice, process, and service.-- 21 (1) Unless parental rights have been terminated, all 22 parents must be notified of all proceedings or hearings 23 involving the child. Notice in cases involving shelter 24 hearings and hearings resulting from medical emergencies must 25 be that most likely to result in actual notice to the parents. 26 In all other dependency proceedings, notice must be provided 27 in accordance with subsections (5)-(10) (4)-(9). 28 (2) Notice of all proceedings or hearings involving 29 the child and all documents and reports related to those 30 proceedings or required to be given to the child shall be 31 served on or delivered to the child through the court 27 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 appointed representative for the child, either the guardian ad 2 litem or the child's or the guardian ad litem's legal counsel. 3 If the court has not appointed a representative for the child, 4 service or delivery shall be made to the child unless the 5 court determines that, because of age, capacity, or other 6 condition of the child, it would be meaningless or emotionally 7 detrimental to the child. 8 (3)(2) Personal appearance of any person in a hearing 9 before the court obviates the necessity of serving process on 10 that person. 11 (4)(3) Upon the filing of a petition containing 12 allegations of facts which, if true, would establish that the 13 child is a dependent child, and upon the request of the 14 petitioner, the clerk or deputy clerk shall issue a summons. 15 (5)(4) The summons shall require the person on whom it 16 is served to appear for a hearing at a time and place 17 specified, not less than 72 hours after service of the 18 summons. A copy of the petition shall be attached to the 19 summons. 20 (6)(5) The summons shall be directed to, and shall be 21 served upon, all parties other than the petitioner. 22 (7)(6) It is the duty of the petitioner or moving 23 party to notify all participants and parties known to the 24 petitioner or moving party of all hearings subsequent to the 25 initial hearing unless notice is contained in prior court 26 orders and these orders were provided to the participant or 27 party. Proof of notice or provision of orders may be provided 28 by certified mail with a signed return receipt. 29 (8)(7) Service of the summons and service of 30 pleadings, papers, and notices subsequent to the summons on 31 persons outside this state must be made pursuant to s. 28 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 61.1312. 2 (9)(8) It is not necessary to the validity of a 3 proceeding covered by this part that the parents be present if 4 their identity or residence is unknown after a diligent search 5 has been made, but in this event the petitioner shall file an 6 affidavit of diligent search prepared by the person who made 7 the search and inquiry, and the court shall may appoint a 8 guardian ad litem or legal counsel for the child. 9 (10)(9) When an affidavit of diligent search has been 10 filed under subsection (8), the petitioner shall continue to 11 search for and attempt to serve the person sought until 12 excused from further search by the court. The petitioner shall 13 report on the results of the search at each court hearing 14 until the person is identified or located or further search is 15 excused by the court. 16 (11)(10) Service by publication shall not be required 17 for dependency hearings and the failure to serve a party or 18 give notice to a participant shall not affect the validity of 19 an order of adjudication or disposition if the court finds 20 that the petitioner has completed a diligent search for that 21 party. 22 (12)(11) Upon the application of a party or the 23 petitioner, the clerk or deputy clerk shall issue, and the 24 court on its own motion may issue, subpoenas requiring 25 attendance and testimony of witnesses and production of 26 records, documents, and other tangible objects at any hearing. 27 (13)(12) All process and orders issued by the court 28 shall be served or executed as other process and orders of the 29 circuit court and, in addition, may be served or executed by 30 authorized agents of the department, or the guardian ad litem, 31 or legal counsel for the child. 29 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 (14)(13) Subpoenas may be served within the state by 2 any person over 18 years of age who is not a party to the 3 proceeding and, in addition, may be served by authorized 4 agents of the department, or the guardian ad litem, or legal 5 counsel for the child. 6 (15)(14) No fee shall be paid for service of any 7 process or other papers by an agent of the department, or the 8 guardian ad litem, or legal counsel for the child. If any 9 process, orders, or any other papers are served or executed by 10 any sheriff, the sheriff's fees shall be paid by the county. 11 (16)(15) A party who is identified as a person with 12 mental illness or with a developmental disability must be 13 informed by the court of the availability of advocacy services 14 through the department, the Association for Retarded Citizens, 15 or other appropriate mental health or developmental disability 16 advocacy groups and encouraged to seek such services. 17 (17)(16) If the party to whom an order is directed is 18 present or represented at the final hearing, service of the 19 order is not required. 20 (18)(17) The parent or legal custodian of the child, 21 the attorney for the department, the guardian ad litem, the 22 child, and all other parties and participants shall be given 23 reasonable notice of all hearings provided for under this 24 part. 25 (19)(18) In all proceedings under this part, the court 26 shall provide to the parent or legal custodian of the child, 27 the child, and the child's guardian ad litem, at the 28 conclusion of any hearing, a written notice containing the 29 date of the next scheduled hearing. The court shall also 30 include the date of the next hearing in any order issued by 31 the court. 30 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 Section 867. Subsections (1) and (4) of section 2 39.504, Florida Statutes, are amended to read: 3 39.504 Injunction pending disposition of petition; 4 penalty.-- 5 (1)(a) When a petition for shelter placement or a 6 petition for dependency has been filed or when a child has 7 been taken into custody and reasonable cause, as defined in 8 paragraph (b), exists, the court, upon the request of the 9 department, a law enforcement officer, the state attorney, the 10 child through the guardian ad litem or legal counsel, or other 11 responsible person, or upon its own motion, may shall have the 12 authority to issue an injunction to prevent any act of child 13 abuse or any unlawful sexual offense involving a child. 14 (b) Reasonable cause for the issuance of an injunction 15 exists if there is evidence of child abuse or an unlawful 16 sexual offense involving a child or if there is a reasonable 17 likelihood of such abuse or offense occurring based upon a 18 recent overt act or failure to act. 19 (4) A copy of any injunction issued pursuant to this 20 section shall be delivered to the protected party, or a parent 21 or caregiver or individual acting in the place of a parent who 22 is not the respondent, the guardian ad litem, and to any law 23 enforcement agency having jurisdiction to enforce such 24 injunction. Upon delivery of the injunction to the appropriate 25 law enforcement agency, the agency shall have the duty and 26 responsibility to enforce the injunction. 27 Section 868. Section 39.505, Florida Statutes, is 28 amended to read: 29 39.505 No answer required.--No answer to the petition 30 or any other pleading need be filed by any child, guardian ad 31 litem, parent, or legal custodian, but any matters that which 31 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 might be set forth in an answer or other pleading may be 2 pleaded orally before the court or filed in writing as any 3 such person may choose. Notwithstanding the filing of an 4 answer or any pleading, the respondent shall, prior to an 5 adjudicatory hearing, be advised by the court of the right to 6 counsel and shall be given an opportunity to deny the 7 allegations in the petition for dependency or to enter a plea 8 to allegations in the petition before the court. 9 Section 869. Subsection (1) of section 39.510, Florida 10 Statutes, is amended to read: 11 39.510 Appeal.-- 12 (1) Any party to the proceeding who is affected by an 13 order of the court, who represents a party affected by an 14 order of the court, or the department may appeal to the 15 appropriate district court of appeal within the time and in 16 the manner prescribed by the Florida Rules of Appellate 17 Procedure. Appointed counsel shall be compensated as provided 18 in this chapter. 19 Section 870. Paragraphs (a) and (d) of subsection (1), 20 paragraph (b) of subsection (5), and subsection (8) of section 21 39.521, Florida Statutes, are amended to read: 22 39.521 Disposition hearings; powers of disposition.-- 23 (1) A disposition hearing shall be conducted by the 24 court, if the court finds that the facts alleged in the 25 petition for dependency were proven in the adjudicatory 26 hearing, or if the parents or legal custodians have consented 27 to the finding of dependency or admitted the allegations in 28 the petition, have failed to appear for the arraignment 29 hearing after proper notice, or have not been located despite 30 a diligent search having been conducted. 31 (a) A written case plan and a predisposition study 32 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 prepared by an authorized agent of the department must be 2 filed with the court and served upon the parents of the child, 3 provided to the child, representative of the guardian ad litem 4 program, if the program has been appointed, and provided to 5 all other parties, not less than 72 hours before the 6 disposition hearing. All such case plans must be approved by 7 the court. If the court does not approve the case plan at the 8 disposition hearing, the court must set a hearing within 30 9 days after the disposition hearing to review and approve the 10 case plan. 11 (d) The court shall, in its written order of 12 disposition, include all of the following: 13 1. The placement or custody of the child. 14 2. Special conditions of placement and visitation. 15 3. Evaluation, counseling, treatment activities, and 16 other actions to be taken by the parties, if ordered. 17 4. The persons or entities responsible for supervising 18 or monitoring services to the child and parent. 19 5. Continuation or discharge of the guardian ad litem 20 or legal counsel for the child, as appropriate. The guardian 21 ad litem or legal counsel for the child may not be discharged 22 pursuant to this section before termination of supervision by 23 the department unless other legal representation is provided 24 for the child. The court may approve a request to withdraw 25 from a Circuit Office of Children's Representation when the 26 court finds that the child no longer needs active 27 representation and the resources of the office are 28 insufficient to provide appropriate representation in other 29 pending cases. 30 6. The date, time, and location of the next scheduled 31 review hearing, which must occur within the earlier of: 33 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 a. Ninety days after the disposition hearing; 2 b. Ninety days after the court accepts the case plan; 3 c. Six months after the date of the last review 4 hearing; or 5 d. Six months after the date of the child's removal 6 from his or her home, if no review hearing has been held since 7 the child's removal from the home. 8 7. If the child is in an out-of-home placement, child 9 support to be paid by the parents, or the guardian of the 10 child's estate if possessed of assets which under law may be 11 disbursed for the care, support, and maintenance of the child. 12 The court may exercise jurisdiction over all child support 13 matters, shall adjudicate the financial obligation, including 14 health insurance, of the child's parents or guardian, and 15 shall enforce the financial obligation as provided in chapter 16 61. The state's child support enforcement agency shall enforce 17 child support orders under this section in the same manner as 18 child support orders under chapter 61. Placement of the child 19 shall not be contingent upon issuance of a support order. 20 8.a. If the court does not commit the child to the 21 temporary legal custody of an adult relative, legal custodian, 22 or other adult approved by the court, the disposition order 23 shall include the reasons for such a decision and shall 24 include a determination as to whether diligent efforts were 25 made by the department to locate an adult relative, legal 26 custodian, or other adult willing to care for the child in 27 order to present that placement option to the court instead of 28 placement with the department. 29 b. If diligent efforts are made to locate an adult 30 relative willing and able to care for the child but, because 31 no suitable relative is found, the child is placed with the 34 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 department or a legal custodian or other adult approved by the 2 court, both the department and the court shall consider 3 transferring temporary legal custody to an adult relative 4 approved by the court at a later date, but neither the 5 department nor the court is obligated to so place the child if 6 it is in the child's best interest to remain in the current 7 placement. 8 9 For the purposes of this subparagraph, "diligent efforts to 10 locate an adult relative" means a search similar to the 11 diligent search for a parent, but without the continuing 12 obligation to search after an initial adequate search is 13 completed. 14 9. Other requirements necessary to protect the health, 15 safety, and well-being of the child, to preserve the stability 16 of the child's educational placement, and to promote family 17 preservation or reunification whenever possible. 18 (5) 19 (b) The results of the assessment described in 20 paragraph (a) and the actions taken as a result of the 21 assessment must be included in the next judicial review of the 22 child. At each subsequent judicial review, the court must be 23 advised in writing of the status of the child's placement, 24 with special reference regarding the stability of the 25 placement and the permanency planning for the child. A copy of 26 this report must be provided to the child and the child's 27 guardian ad litem prior to the judicial review. 28 (8) The court may enter an order ending its 29 jurisdiction over a child when a child has been returned to 30 the parents, except that provided the court may shall not 31 terminate its jurisdiction or the department's supervision 35 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 over the child until 6 months after the child's return. The 2 court shall determine whether its jurisdiction should be 3 continued or terminated in such a case after consideration of 4 based on a report of the department or agency, report of or 5 the child's guardian ad litem, or any testimony of the child, 6 and any other relevant factors; if its jurisdiction is to be 7 terminated, the court shall enter an order to that effect. 8 Section 871. Paragraph (a) of subsection (2), 9 paragraph (d) of subsection (5), paragraphs (b) and (c) of 10 subsection (6), subsection (7), and paragraphs (a) and (d) of 11 subsection (8) of section 39.701, Florida Statutes, are 12 amended to read: 13 39.701 Judicial review.-- 14 (2)(a) The court shall review the status of the child 15 and shall hold a hearing as provided in this part at least 16 every 6 months until the child reaches permanency status. The 17 court may dispense with the attendance of the child at the 18 hearing upon the child's request or when, based on the child's 19 age, capacity, or other condition, the court determines that 20 the child's attendance would be meaningless, physically 21 dangerous, or emotionally detrimental to the child. The court, 22 but may not dispense with the hearing or the presence of other 23 parties to the review unless before the review a hearing is 24 held before a citizen review panel. 25 (5) Notice of a judicial review hearing or a citizen 26 review panel hearing, and a copy of the motion for judicial 27 review, if any, must be served by the clerk of the court upon: 28 (d) The child and guardian ad litem for the child, or 29 the representative of the guardian ad litem program if the 30 program has been appointed. 31 36 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 Service of notice is not required on any of the persons listed 2 in paragraphs (a)-(f) if the person was present at the 3 previous hearing during which the date, time, and location of 4 the hearing was announced. 5 (6) 6 (b) A copy of the social service agency's written 7 report and any the written report of the guardian ad litem 8 must be served on all parties whose whereabouts are known; to 9 the foster parents or legal custodians; to the child and the 10 guardian ad litem, unless the guardian ad litem prepared the 11 report; and to the citizen review panel, at least 72 hours 12 before the judicial review hearing or citizen review panel 13 hearing. The requirement for providing parents with a copy of 14 the written report does not apply to those parents who have 15 voluntarily surrendered their child for adoption or who have 16 had their parental rights to the child terminated. 17 (c) In a case in which the child has been permanently 18 placed with the social service agency, the agency shall 19 furnish to the court a written report concerning the progress 20 being made to place the child for adoption. If the child 21 cannot be placed for adoption, a report on the progress made 22 by the child towards alternative permanency goals or 23 placements, including, but not limited to, guardianship, 24 long-term custody, long-term licensed custody, or independent 25 living, must be submitted to the court. The report must be 26 submitted to the court and all parties as provided in 27 paragraph (b) at least 72 hours before each scheduled judicial 28 review. 29 (7) The court and any citizen review panel shall take 30 into consideration the information contained in the social 31 services study and investigation and all medical, 37 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 psychological, and educational records that support the terms 2 of the case plan; testimony by the social services agency, the 3 parent, the foster parent or legal custodian, the child, the 4 guardian ad litem if one has been appointed for the child, and 5 any other person deemed appropriate; and any relevant and 6 material evidence submitted to the court, including written 7 and oral reports to the extent of their probative value. These 8 reports and evidence may be received by the court in its 9 effort to determine the action to be taken with regard to the 10 child and may be relied upon to the extent of their probative 11 value, even though not competent in an adjudicatory hearing. 12 In its deliberations, the court and any citizen review panel 13 shall seek to determine: 14 (a) If the parent was advised of the right to receive 15 assistance from any person or social service agency in the 16 preparation of the case plan. 17 (b) If the parent has been advised of the right to 18 have counsel present at the judicial review or citizen review 19 hearings. If not so advised, the court or citizen review panel 20 shall advise the parent of such right. 21 (c) If a guardian ad litem needs to be appointed for 22 the child in a case in which a guardian ad litem has not 23 previously been appointed or if there is a need to continue a 24 guardian ad litem in a case in which a guardian ad litem has 25 been appointed. 26 (c)(d) The compliance or lack of compliance of all 27 parties with applicable items of the case plan, including the 28 parents' compliance with child support orders. 29 (d)(e) The compliance or lack of compliance with a 30 visitation contract between the parent and the social service 31 agency for contact with the child, including the frequency, 38 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 duration, and results of the parent-child visitation and the 2 reason for any noncompliance. 3 (e)(f) The compliance or lack of compliance of the 4 parent in meeting specified financial obligations pertaining 5 to the care of the child, including the reason for failure to 6 comply if such is the case. 7 (f)(g) The appropriateness of the child's current 8 placement, including whether the child is in a setting which 9 is as family-like and as close to the parent's home as 10 possible, consistent with the child's best interests and 11 special needs, and including maintaining stability in the 12 child's educational placement. 13 (g)(h) A projected date likely for the child's return 14 home or other permanent placement. 15 (h)(i) When appropriate, the basis for the 16 unwillingness or inability of the parent to become a party to 17 a case plan. The court and the citizen review panel shall 18 determine if the efforts of the social service agency to 19 secure party participation in a case plan were sufficient. 20 (8)(a) Based upon the criteria set forth in subsection 21 (7) and the recommended order of the citizen review panel, if 22 any, the court shall determine whether or not the social 23 service agency shall initiate proceedings to have a child 24 declared a dependent child, return the child to the parent, 25 continue the child in out-of-home care for a specified period 26 of time, or initiate termination of parental rights 27 proceedings for subsequent placement in an adoptive home. The 28 court must determine whether a guardian ad litem or legal 29 counsel needs to be appointed for the child in a case in which 30 a guardian ad litem or legal counsel has not previously been 31 appointed or when there is a need to continue a guardian ad 39 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 litem or legal counsel in a case in which a guardian ad litem 2 or legal counsel has been appointed. Modifications to the plan 3 must be handled as prescribed in s. 39.601. If the court finds 4 that the prevention or reunification efforts of the department 5 will allow the child to remain safely at home or be safely 6 returned to the home, the court shall allow the child to 7 remain in or return to the home after making a specific 8 finding of fact that the reasons for the creation of the case 9 plan have been remedied to the extent that the child's safety, 10 well-being, and physical, mental, and emotional health will 11 not be endangered. 12 (d) The court may extend the time limitation of the 13 case plan, or may modify the terms of the plan, based upon 14 information provided by the social service agency, the child, 15 and the guardian ad litem, if one has been appointed, the 16 parent or parents, and the foster parents or legal custodian, 17 and any other competent information on record demonstrating 18 the need for the amendment. If the court extends the time 19 limitation of the case plan, the court must make specific 20 findings concerning the frequency of past parent-child 21 visitation, if any, and the court may authorize the expansion 22 or restriction of future visitation. Modifications to the plan 23 must be handled as prescribed in s. 39.601. Any extension of a 24 case plan must comply with the time requirements and other 25 requirements specified by this chapter. 26 Section 872. Paragraph (a) of subsection (3) and 27 subsections (5) and (7) of section 39.801, Florida Statutes, 28 are amended to read: 29 39.801 Procedures and jurisdiction; notice; service of 30 process.-- 31 (3) Before the court may terminate parental rights, in 40 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 addition to the other requirements set forth in this part, the 2 following requirements must be met: 3 (a) Notice of the date, time, and place of the 4 advisory hearing for the petition to terminate parental rights 5 and a copy of the petition must be personally served upon the 6 following persons, specifically notifying them that a petition 7 has been filed: 8 1. The parents of the child. 9 2. The legal custodians of the child. 10 3. If the parents who would be entitled to notice are 11 dead or unknown, a living relative of the child, unless upon 12 diligent search and inquiry no such relative can be found. 13 4. Any person who has physical custody of the child. 14 5. Any grandparent entitled to priority for adoption 15 under s. 63.0425. 16 6. Any prospective parent who has been identified 17 under s. 39.503 or s. 39.803. 18 7. The child and the guardian ad litem for the child 19 or the representative of the guardian ad litem program, if the 20 program has been appointed. 21 22 The document containing the notice to respond or appear must 23 contain, in type at least as large as the type in the balance 24 of the document, the following or substantially similar 25 language: "FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY 26 HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL 27 RIGHTS OF THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON 28 THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS 29 A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION 30 ATTACHED TO THIS NOTICE." 31 (5) All process and orders issued by the court must be 41 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 served or executed as other process and orders of the circuit 2 court and, in addition, may be served or executed by 3 authorized agents of the department, or the guardian ad litem, 4 or the child. 5 (7) A fee may not be paid for service of any process 6 or other papers by an agent of the department, or the guardian 7 ad litem, or the child's legal counsel. If any process, 8 orders, or other papers are served or executed by any sheriff, 9 the sheriff's fees must be paid by the county. 10 Section 873. Subsection (1) of section 39.802, Florida 11 Statutes, is amended to read: 12 39.802 Petition for termination of parental rights; 13 filing; elements.-- 14 (1) All proceedings seeking an adjudication to 15 terminate parental rights pursuant to this chapter must be 16 initiated by the filing of an original petition by the 17 department, the child through legal counsel appointed pursuant 18 to s. 39.8226, the guardian ad litem, or any other person who 19 has knowledge of the facts alleged or is informed of them and 20 believes that they are true. 21 Section 874. Section 39.805, Florida Statutes, is 22 amended to read: 23 39.805 No answer required.--No answer to the petition 24 or any other pleading need be filed by any child, guardian ad 25 litem, or parent, but any matters that which might be set 26 forth in an answer or other pleading may be pleaded orally 27 before the court or filed in writing as any such person may 28 choose. Notwithstanding the filing of any answer or any 29 pleading, the child or parent shall, prior to the adjudicatory 30 hearing, be advised by the court of the right to counsel and 31 shall be given an opportunity to deny the allegations in the 42 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 petition for termination of parental rights or to enter a plea 2 to allegations in the petition before the court. 3 Section 875. Subsection (1) of section 39.806, Florida 4 Statutes, is amended to read: 5 39.806 Grounds for termination of parental rights.-- 6 (1) The department, the child through legal counsel 7 appointed pursuant to s. 39.8226, the guardian ad litem, or 8 any person who has knowledge of the facts alleged or who is 9 informed of those facts and believes that they are true may 10 petition for the termination of parental rights under any of 11 the following circumstances: 12 (a) When the parent or parents have voluntarily 13 executed a written surrender of the child and consented to the 14 entry of an order giving custody of the child to the 15 department for subsequent adoption and the department is 16 willing to accept custody of the child. 17 1. The surrender document must be executed before two 18 witnesses and a notary public or other person authorized to 19 take acknowledgments. 20 2. The surrender and consent may be withdrawn after 21 acceptance by the department only after a finding by the court 22 that the surrender and consent were obtained by fraud or under 23 duress. 24 (b) Abandonment as defined in s. 39.01(1) or when the 25 identity or location of the parent or parents is unknown and 26 cannot be ascertained by diligent search within 60 days. 27 (c) When the parent or parents engaged in conduct 28 toward the child or toward other children that demonstrates 29 that the continuing involvement of the parent or parents in 30 the parent-child relationship threatens the life, safety, 31 well-being, or physical, mental, or emotional health of the 43 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 child irrespective of the provision of services. Provision of 2 services may be evidenced by proof that services were provided 3 through a previous plan or offered as a case plan from a child 4 welfare agency. 5 (d) When the parent of a child is incarcerated in a 6 state or federal correctional institution and either: 7 1. The period of time for which the parent is expected 8 to be incarcerated will constitute a substantial portion of 9 the period of time before the child will attain the age of 18 10 years; 11 2. The incarcerated parent has been determined by the 12 court to be a violent career criminal as defined in s. 13 775.084, a habitual violent felony offender as defined in s. 14 775.084, or a sexual predator as defined in s. 775.21; has 15 been convicted of first degree or second degree murder in 16 violation of s. 782.04 or a sexual battery that constitutes a 17 capital, life, or first degree felony violation of s. 794.011; 18 or has been convicted of an offense in another jurisdiction 19 which is substantially similar to one of the offenses listed 20 in this paragraph. As used in this section, the term 21 "substantially similar offense" means any offense that is 22 substantially similar in elements and penalties to one of 23 those listed in this subparagraph, and that is in violation of 24 a law of any other jurisdiction, whether that of another 25 state, the District of Columbia, the United States or any 26 possession or territory thereof, or any foreign jurisdiction; 27 or 28 3. The court determines by clear and convincing 29 evidence that continuing the parental relationship with the 30 incarcerated parent would be harmful to the child and, for 31 this reason, that termination of the parental rights of the 44 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 incarcerated parent is in the best interest of the child. 2 (e) A petition for termination of parental rights may 3 also be filed when a child has been adjudicated dependent, a 4 case plan has been filed with the court, and the child 5 continues to be abused, neglected, or abandoned by the 6 parents. In this case, the failure of the parents to 7 substantially comply for a period of 12 months after an 8 adjudication of the child as a dependent child or the child's 9 placement into shelter care, whichever came first, constitutes 10 evidence of continuing abuse, neglect, or abandonment unless 11 the failure to substantially comply with the case plan was due 12 either to the lack of financial resources of the parents or to 13 the failure of the department to make reasonable efforts to 14 reunify the parent and child. Such 12-month period may begin 15 to run only after the child's placement into shelter care or 16 the entry of a disposition order placing the custody of the 17 child with the department or a person other than the parent 18 and the approval by the court of a case plan with a goal of 19 reunification with the parent, whichever came first. 20 (f) When the parent or parents engaged in egregious 21 conduct or had the opportunity and capability to prevent and 22 knowingly failed to prevent egregious conduct that threatens 23 the life, safety, or physical, mental, or emotional health of 24 the child or the child's sibling. 25 1. As used in this subsection, the term "sibling" 26 means another child who resides with or is cared for by the 27 parent or parents regardless of whether the child is related 28 legally or by consanguinity. 29 2. As used in this subsection, the term "egregious 30 conduct" means abuse, abandonment, neglect, or any other 31 conduct of the parent or parents that is deplorable, flagrant, 45 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 or outrageous by a normal standard of conduct. Egregious 2 conduct may include an act or omission that occurred only once 3 but was of such intensity, magnitude, or severity as to 4 endanger the life of the child. 5 (g) When the parent or parents have subjected the 6 child to aggravated child abuse as defined in s. 827.03, 7 sexual battery or sexual abuse as defined in s. 39.01, or 8 chronic abuse. 9 (h) When the parent or parents have committed murder 10 or voluntary manslaughter of another child, or a felony 11 assault that results in serious bodily injury to the child or 12 another child, or aided or abetted, attempted, conspired, or 13 solicited to commit such a murder or voluntary manslaughter or 14 felony assault. 15 (i) When the parental rights of the parent to a 16 sibling have been terminated involuntarily. 17 Section 876. Subsection (2) of section 39.807, Florida 18 Statutes, is amended to read: 19 39.807 Right to counsel; guardian ad litem.-- 20 (2)(a) The court shall appoint a guardian ad litem or 21 legal counsel, or both, to represent the best interest of the 22 child in any proceedings for termination of parental rights as 23 provided in s. 39.013 proceedings and shall ascertain at each 24 stage of the proceedings whether a guardian ad litem or legal 25 counsel has been appointed. 26 (b) The guardian ad litem has the following 27 responsibilities: 28 1. To investigate the allegations of the petition and 29 any subsequent matters arising in the case and, unless excused 30 by the court, to file a written report. This report must 31 include a statement of the wishes of the child and the 46 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 recommendations of the guardian ad litem and must be provided 2 to all parties and the court at least 72 hours before the 3 disposition hearing. 4 2. To be present at all court hearings unless excused 5 by the court. 6 3. To represent the best interests of the child until 7 the jurisdiction of the court over the child terminates or 8 until excused by the court. 9 (c) A guardian ad litem is not required to post bond 10 but shall file an acceptance of the office. 11 (d) A guardian ad litem is entitled to receive service 12 of pleadings and papers as provided by the Florida Rules of 13 Juvenile Procedure. 14 (b)(e) This subsection does not apply to any voluntary 15 relinquishment of parental rights proceeding. 16 Section 877. Subsection (2) of section 39.808, Florida 17 Statutes, is amended to read: 18 39.808 Advisory hearing; pretrial status conference.-- 19 (2) At the hearing the court shall inform the parties 20 of their rights under s. 39.807, shall appoint counsel for the 21 parties in accordance with legal requirements, and shall 22 appoint a guardian ad litem or legal counsel to represent the 23 interests of the child if one has not already been appointed. 24 Section 878. Subsections (10) and (11) of section 25 39.810, Florida Statutes, are amended to read: 26 39.810 Manifest best interests of the child.--In a 27 hearing on a petition for termination of parental rights, the 28 court shall consider the manifest best interests of the child. 29 This consideration shall not include a comparison between the 30 attributes of the parents and those of any persons providing a 31 present or potential placement for the child. For the purpose 47 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 of determining the manifest best interests of the child, the 2 court shall consider and evaluate all relevant factors, 3 including, but not limited to: 4 (10) The expressed interests reasonable preferences 5 and wishes of the child, if the court deems the child to be of 6 sufficient intelligence, understanding, and experience to 7 express a preference. 8 (11) Any information related to subsections (1) 9 through (10) which is provided by the guardian ad litem and, 10 when requested by the court, any The recommendations for the 11 child provided by the child's guardian ad litem or legal 12 representative. 13 Section 879. Subsections (1) and (9) of section 14 39.811, Florida Statutes, are amended to read: 15 39.811 Powers of disposition; order of disposition.-- 16 (1) If the court finds that the grounds for 17 termination of parental rights have not been established by 18 clear and convincing evidence, the court shall: 19 (a) If grounds for dependency have been established, 20 adjudicate or readjudicate the child dependent and: 21 1. Enter an order placing or continuing the child in 22 out-of-home care under a case plan; or 23 2. Enter an order returning the child to the parent or 24 parents. The court shall retain jurisdiction over a child 25 returned to the parent or parents for a period of 6 months, 26 but, at that time, based on a report of the social service 27 agency, information provided by the child and the guardian ad 28 litem, if appointed, and any other relevant factors, the court 29 shall make a determination as to whether its jurisdiction 30 shall continue or be terminated. 31 (b) If grounds for dependency have not been 48 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 established, dismiss the petition. 2 (9) After termination of parental rights, the court 3 shall retain jurisdiction over any child for whom custody is 4 given to a social service agency until the child is adopted. 5 The court shall review the status and, pursuant to s. 6 39.701(8)(a), the appropriateness of the child's placement and 7 the progress being made toward permanent adoptive placement. 8 As part of this continuing jurisdiction, for good cause shown 9 by the guardian ad litem for the child or by the child, the 10 court may review the appropriateness of the adoptive placement 11 of the child. 12 Section 880. Section 39.820, Florida Statutes, is 13 amended to read: 14 39.820 Definitions.--As used in the Florida Statutes 15 this part, the term: 16 (1) "Guardian ad litem" as referred to in any civil or 17 criminal proceeding includes the following: a Circuit Office 18 of Children's Representation as represented by the staff or 19 volunteers appointed by the Circuit Office of Children's 20 Representation to provide the best-interest representation to 21 the child, certified guardian ad litem program, a duly 22 certified volunteer, a staff attorney, contract attorney, or 23 certified pro bono attorney working on behalf of a guardian ad 24 litem or the program; staff members of a program office; a 25 court-appointed attorney; or a responsible adult who is 26 appointed by the court to represent the best interests of a 27 child in a proceeding as provided for by law, including, but 28 not limited to, this chapter, who is a party to any judicial 29 proceeding as a representative of the child, and who serves 30 until discharged by the court. 31 (2) "Guardian advocate" means a person appointed by 49 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 the court to act on behalf of a drug dependent newborn 2 pursuant to the provisions of this part. 3 Section 881. Section 39.821, Florida Statutes, is 4 amended to read: 5 39.821 Qualifications of guardians ad litem.-- 6 (1) Because of the special trust or responsibility 7 placed in a guardian ad litem and the staff of the Circuit 8 Office of Children's Representation representing children in 9 proceedings under chapter 39, the Circuit Office of Children's 10 Representation Guardian Ad Litem Program may use any private 11 funds collected by the program, or any state funds so 12 designated, to conduct a security background investigation 13 before certifying a volunteer or staff member to serve. A 14 security background investigation must include, but need not 15 be limited to, employment history checks, checks of 16 references, local criminal records checks through local law 17 enforcement agencies, and statewide criminal records checks 18 through the Department of Law Enforcement. Upon request, an 19 employer shall furnish a copy of the personnel record for the 20 employee or former employee who is the subject of a security 21 background investigation conducted under this section. The 22 information contained in the personnel record may include, but 23 need not be limited to, disciplinary matters and the reason 24 why the employee was terminated from employment. An employer 25 who releases a personnel record for purposes of a security 26 background investigation is presumed to have acted in good 27 faith and is not liable for information contained in the 28 record without a showing that the employer maliciously 29 falsified the record. A security background investigation 30 conducted under this section must ensure that a person is not 31 certified as a guardian ad litem or hired as a staff member of 50 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 a Circuit Office of Children's Representation to represent 2 children in proceedings under chapter 39 if the person has 3 been convicted of, regardless of adjudication, or entered a 4 plea of nolo contendere or guilty to, any offense prohibited 5 under the provisions of the Florida Statutes specified in s. 6 435.04(2) or under any similar law in another jurisdiction. 7 Before certifying an applicant to serve as a guardian ad litem 8 or as a staff member of a Circuit Office of Children's 9 Representation to represent children in proceedings under 10 chapter 39, the Circuit Office of Children's Representation 11 chief judge of the circuit court may request a federal 12 criminal records check of the applicant through the Federal 13 Bureau of Investigation. In analyzing and evaluating the 14 information obtained in the security background investigation, 15 the office program must give particular emphasis to past 16 activities involving children, including, but not limited to, 17 child-related criminal offenses or child abuse. The office 18 program has the sole discretion in determining whether to 19 certify a person based on his or her security background 20 investigation. The information collected pursuant to the 21 security background investigation is confidential and exempt 22 from s. 119.07(1). 23 (2) This section does not apply to a certified 24 guardian ad litem who was certified before October 1, 1995, an 25 attorney who is a member in good standing of The Florida Bar, 26 or a licensed professional who has undergone a comparable 27 security background investigation as a condition of licensure 28 within 5 years before of applying for certification as a 29 guardian ad litem or as a staff member of a Circuit Office of 30 Children's Representation representing children in proceedings 31 under chapter 39. 51 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 (3) It is a misdemeanor of the first degree, 2 punishable as provided in s. 775.082 or s. 775.083, for any 3 person to willfully, knowingly, or intentionally fail, by 4 false statement, misrepresentation, impersonation, or other 5 fraudulent means, to disclose in any application for a 6 volunteer position or for paid employment with a Circuit 7 Office of Children's Representation to represent children in 8 proceedings under chapter 39 the Guardian Ad Litem Program, 9 any material fact used in making a determination as to the 10 applicant's qualifications for such position. 11 Section 882. Section 39.822, Florida Statutes, is 12 amended to read: 13 39.822 Appointment of guardian ad litem for abused, 14 abandoned, or neglected child.-- 15 (1) A guardian ad litem for a child must be a 16 representative of a Circuit Office of Children's 17 Representation, must be an individual investigated by the 18 Circuit Office of Children's Representation and appointed by 19 the court for one specific case, or must be an attorney who is 20 a member in good standing of The Florida Bar. Before 21 appointing an individual under this chapter, the court shall 22 request the Circuit Office of Children's Representation to 23 conduct a security background investigation as provided in s. 24 39.821. A guardian ad litem who is not an attorney and who is 25 investigated for the limited representation in a case must be 26 represented by legal counsel in all proceedings related to the 27 child. shall be appointed by the court at the earliest 28 possible time to represent the child in any child abuse, 29 abandonment, or neglect judicial proceeding, whether civil or 30 criminal. Any person participating in a civil or criminal 31 judicial proceeding resulting from such appointment shall be 52 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 presumed prima facie to be acting in good faith and in so 2 doing shall be immune from any liability, civil or criminal, 3 that otherwise might be incurred or imposed. 4 (2) In those cases in which the parents are 5 financially able, the parent or parents of the child shall pay 6 reimburse the court, in part or in whole, for the cost of 7 provision of guardian ad litem services and legal services. 8 Reimbursement for services contracted through a Circuit Office 9 of Children's Representation to the individual providing 10 guardian ad litem services shall not be contingent upon 11 successful collection by the court from the parent or parents. 12 (3) When a child and the child's parents are indigent 13 under s. 27.52, the Circuit Office of Children's 14 Representation shall be appointed to represent the child. 15 (4)(3) In proceedings under this chapter, the guardian 16 ad litem or the program representative of the Circuit Office 17 of Children's Representation shall review all disposition 18 recommendations and changes in placements, and must be present 19 at all critical stages of the dependency proceeding and shall 20 or submit a written report of findings in proceedings to 21 determine dependency and to terminate parental rights and may 22 submit a report of findings in other proceedings and when 23 requested by the court, the guardian ad litem may submit 24 recommendations to the court. Written reports must be filed 25 with the court and served on all parties whose whereabouts are 26 known at least 72 hours prior to the hearing. 27 Section 883. Section 39.8225, Florida Statutes, is 28 created to read: 29 39.8225 Guardians ad litem; powers, duties, and 30 authority.-- 31 (1) A guardian ad litem shall act in the child's best 53 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 interest, advocate for the child, and take appropriate action 2 to protect the best interest of the child. 3 (2) In an action brought pursuant to the Florida Rules 4 of Juvenile Procedure for dependency proceedings, the guardian 5 ad litem shall represent the best interest of the child after 6 investigating the allegations in the pleadings and the needs 7 of the child, after discussing the allegations with the child 8 and legal counsel, and after giving significant weight to the 9 expressed interests of the child. The guardian ad litem, other 10 than a representative of a Circuit Office of Children's 11 Representation, must be represented by an attorney. 12 (3) The guardian ad litem shall investigate the 13 allegations in the pleadings and the needs of the child for 14 the case and the guardian ad litem, in his or her 15 investigation, shall: 16 (a) Visit and when possible discuss the case with the 17 child. 18 (b) When appropriate for the representation, observe 19 the child's interactions with parents, siblings, or foster 20 parents; observe the child's family placement or proposed 21 permanent placement when there is one; and, when appropriate, 22 observe his or her socialization skills at school or other 23 care facilities. 24 (c) Conduct interviews with persons involved with the 25 child or related to the case, including, but not limited to, 26 when appropriate for the representation, an interview with the 27 child's parent, guardian, custodian, teacher, or foster 28 family; medical professionals treating or evaluating the 29 child; other caretakers or proposed adoptive parents; staff 30 members of the Department of Children and Family Services or 31 the Department of Juvenile Justice; law enforcement personnel 54 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 who are involved in the case; and any other person whom the 2 guardian ad litem and the attorney determines appropriate. 3 (d) Obtain the legal, social, medical, or 4 psychological reports relevant to understanding the facts of 5 the case and the status and conditions of the child and other 6 participants in the proceeding. However, the attorney client 7 privilege and the work-product privilege may be claimed by 8 legal counsel on behalf of their clients. 9 (4) The guardian ad litem, and the attorney if the 10 child is going to be present in court, shall consult with the 11 child before any hearing, court appearance, or other 12 proceeding unless the court has excused the child's presence 13 in court pursuant to court order under 39.01(51). If the child 14 is of an age and capacity to understand, the proceeding must 15 be explained to the child in language appropriate to the 16 child's age, education, and comprehension ability, and the 17 child shall be offered the opportunity to attend the 18 proceeding. 19 (5) Before each hearing, the guardian ad litem shall 20 discuss with legal counsel information on all observations, 21 documentation obtained, and factual information the guardian 22 ad litem believes that the court should have in order to make 23 a best-interest determination for the child regarding the 24 issues before the court. If a Circuit Office of Children's 25 Representation is providing representation, the information 26 may be discussed with representatives of the office, as 27 required by office procedures. After reviewing the information 28 and consulting with the child and, when appropriate, with 29 staff members of the Circuit Office of Children's 30 Representation, the attorney and the guardian ad litem shall 31 determine the best manner in which to provide the court with 55 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 all information necessary for the court to know the child, 2 know the expressed interests of the child, and determine what 3 is in the best interest of the child. In every case the court 4 must be informed of the expressed interest of the child 5 related to the proceeding. When the law requires a written 6 report, the guardian ad litem and counsel shall provide the 7 information to the court as required by law. 8 (6) If a written report is not required to include 9 recommendations, the guardian ad litem must be prepared to 10 present the court with a recommendation as to the best 11 interest of the child based on what the child would want if he 12 or she could, using adult judgment and knowledge, evaluate the 13 available information and make a request to the court. 14 (7) When a guardian ad litem is appointed, the court 15 may issue an order directing persons and entities contacted by 16 the guardian ad litem to allow the guardian ad litem to 17 inspect and copy any documents related to the child, the 18 child's parents, or other custodial persons or any household 19 member with whom the child resided, currently resides, or is 20 proposed to reside or any person who is otherwise related to 21 the allegation in the pleadings. The guardian ad litem, 22 through counsel, may also petition the court for an order 23 directed to a specified person, agency, or organization, 24 including, but not limited to, a hospital, medical doctor, 25 dentist, psychologist, or psychiatrist, which order directs 26 that the guardian ad litem be allowed to inspect and copy any 27 records or documents that relate to the minor child, the 28 child's parent or other custodial person, or any household 29 member with whom the child resides. An order based on a 30 petition shall be obtained only after notice to all parties 31 and a hearing thereon. 56 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 (8) The guardian ad litem shall submit his or her 2 report to the court, if a report is to be submitted, regarding 3 any stipulation or agreement, whether incidental, temporary, 4 or permanent, which affects the interest or welfare of the 5 minor child, within 10 days after the date the stipulation or 6 agreement is served upon the guardian ad litem or as directed 7 by the court. 8 (9) The guardian ad litem, through counsel, may 9 request the court to order an expert examination of the child, 10 the child's parent, or any other interested party by a medical 11 doctor, dentist, or other health care provider, including a 12 psychiatrist, psychologist, or other licensed or certified 13 mental health professional employed or supervised by a 14 licensed physician, psychiatrist, or psychologist. 15 (10) The guardian ad litem may, unless a report is 16 otherwise required by law, file a written report that may 17 include recommendations and shall include any expressed 18 interests of the child. When a report is filed, it must be 19 filed and served on all parties at least 3 days before the 20 hearing at which it will be presented, unless the court waives 21 the time limit or the law requiring the report specifies a 22 different time. 23 (11) The guardian ad litem must be provided with 24 copies of all pleadings, notices, and other documents filed in 25 the action and is entitled to reasonable notice before any 26 action affecting the child is taken by any of the parties, 27 their counsel, or the court. 28 (12) A guardian ad litem, acting through counsel, 29 shall actively file any pleadings, motions, or petitions for 30 relief which the guardian ad litem considers appropriate or 31 necessary in furtherance of the guardian's representation of 57 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 the child. The guardian ad litem, through counsel, is entitled 2 to be present and to participate in all depositions, hearings, 3 and other proceedings in the action, and, through counsel, may 4 compel the attendance of witnesses. 5 (13) The duties and rights of a nonattorney guardian 6 ad litem does not include the right to practice law. 7 (14) A guardian ad litem is not required to post bond 8 but shall file an acceptance of the office. 9 (15) A guardian ad litem is entitled to receive 10 service of pleadings and papers as provided by the Florida 11 Rules of Procedure applicable to the case. 12 Section 884. Section 39.8226, Florida Statutes, is 13 created to read: 14 39.8226 Legal counsel for a child.-- 15 (1) The court may appoint counsel to represent the 16 expressed interest of a child, in lieu of or in addition to a 17 guardian ad litem, in any dependency case related to the 18 child, if the court determines that the child is of an age and 19 capacity to participate in his or her representation and the 20 child or the child's parents or guardian can pay for the 21 representation. 22 (2)(a) If a Circuit Office of Children's 23 Representation has been appointed to represent the child, the 24 court may appoint counsel to represent the expressed interest 25 of a child, in lieu of or in addition to a guardian ad litem, 26 only if the court finds that the child is of an age and 27 capacity to participate in his or her representation and 28 either the expressed interests of the child and the 29 best-interest representation by the guardian ad litem do not 30 coincide or the complexity of the pending case or other legal 31 actions suggest that representation for the child is 58 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 appropriate. 2 (b) If the guardian ad litem's best-interest 3 representation and the expressed interests of the child do not 4 coincide, the Circuit Office of Children's Representation must 5 petition the court for a review to determine whether the 6 provisions of paragraph (a) have been met, whether the child 7 wants independent counsel and whether the child wants or it is 8 appropriate or required under the law for a guardian ad litem 9 to continue to represent the best interest of the child in 10 some or all issues. 11 (3) Upon petition of the Circuit Office of Children's 12 Representation, the court may appoint independent counsel to 13 represent the child in collateral issues if the office does 14 not have the expertise to provide appropriate representation. 15 The petition must address whether the guardian ad litem will 16 continue to represent the best interest of the child in any or 17 all proceedings. 18 Section 885. Section 39.84, Florida Statutes, is 19 created to read: 20 39.84 Guardians ad litem; confidentiality.--The 21 guardian ad litem shall maintain as confidential all 22 information and documents received from any source and may not 23 disclose such information or documents except, as provided by 24 law or Florida rules of evidence and procedure, in testimony 25 or a report to the court. When a report is filed with the 26 court, it must be served upon the parties to the action and 27 their counsel or as directed by the court. 28 Section 886. Section 39.86, Florida Statutes, is 29 created to read: 30 39.86 Guardians ad litem, immunity.--Any person 31 participating in a judicial proceeding as a guardian ad litem, 59 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 as staff or a volunteer representing the Circuit Office of 2 Children's Representation in a proceeding under this chapter, 3 shall be presumed prima facie to be acting in good faith, and, 4 in so doing, shall be immune from any liability, civil or 5 criminal, that otherwise might be incurred or imposed. 6 Section 887. Subsection (8) of section 40.24, Florida 7 Statutes, is amended to read: 8 40.24 Compensation and reimbursement policy.-- 9 (8) In circuits that elect to allow jurors to donate 10 their jury service fee upon conclusion of juror service, each 11 juror may irrevocably donate all of the juror's compensation 12 to the Statewide Public Guardianship and Children's 13 Representation Office for expenditure to represent children in 14 dependency proceeding the 26 U.S.C. s. 501(c)(3) organization 15 specified by the guardian ad litem program or to a domestic 16 violence shelter as specified annually on a rotating basis by 17 the clerk of court in the circuit for the juror's county of 18 residence. The funds collected may not reduce or offset the 19 amount of compensation that the guardian ad litem program or 20 domestic violence shelter would otherwise receive from the 21 state. The clerk of court shall ensure that all jurors are 22 given written notice at the conclusion of their service that 23 they have the option to so donate their compensation, and that 24 the applicable program specified by the guardian ad litem 25 program or a domestic violence shelter receives all funds 26 donated by the jurors. Any guardian ad litem program 27 receiving donations of juror compensation must expend such 28 moneys on services for children for whom guardians ad litem 29 have been appointed. 30 Section 888. Paragraph (a) of subsection (6) of 31 section 215.5601, Florida Statutes, is amended to read: 60 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 215.5601 Lawton Chiles Endowment Fund.-- 2 (6) ADVISORY COUNCIL.--The Lawton Chiles Endowment 3 Fund Advisory Council is established for the purpose of 4 reviewing the funding priorities of the state agencies, 5 evaluating their requests against the mission and goals of the 6 agencies and legislative intent for the use of endowment 7 funds, and allowing for public input and advocacy. 8 (a) The advisory council shall consist of 15 members, 9 including: 10 1. The director of the United Way of Florida, Inc., or 11 his or her designee; 12 2. The director of the Foster Parents Association, or 13 his or her designee; 14 3. The chair of the Department of Elderly Affairs 15 Advisory Council, or his or her designee; 16 4. The president of the Florida Association of Area 17 Agencies on Aging, or his or her designee; 18 5. The State Long-Term Care Ombudsman, or his or her 19 designee; 20 6. The state director of the Florida AARP, or his or 21 her designee; 22 7. The director of the Florida Pediatric Society, or 23 his or her designee; 24 8. The Director of the Statewide Public Guardianship 25 and Children's Representation Office A representative of the 26 Guardian Ad Litem Program, appointed by the Governor; 27 9. A representative of a child welfare lead agency for 28 community-based care, appointed by the Governor; 29 10. A representative of an elder care lead agency for 30 community-based care, appointed by the Governor; 31 11. A representative of a statewide child advocacy 61 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 organization, appointed by the Governor; 2 12. One consumer caregiver for children, appointed by 3 the Governor; 4 13. One person over the age of 60 years to represent 5 the interests of elders, appointed by the Governor; 6 14. One person under the age of 18 years to represent 7 the interests of children, appointed by the Governor; and 8 15. One consumer caregiver for a functionally impaired 9 elderly person, appointed by the Governor. 10 Section 889. Subsection (12) of section 985.308, 11 Florida Statutes, is amended to read: 12 985.308 Juvenile sexual offender commitment programs; 13 sexual abuse intervention networks.-- 14 (12) Membership of a sexual abuse intervention network 15 shall include, but is not limited to, representatives from: 16 (a) Local law enforcement agencies; 17 (b) Local school boards; 18 (c) Child protective investigators; 19 (d) The office of the state attorney; 20 (e) The office of the public defender; 21 (f) The juvenile division of the circuit court; 22 (g) Professionals licensed under chapter 458, chapter 23 459, s. 490.0145, or s. 491.0144 providing treatment for 24 juvenile sexual offenders or their victims; 25 (h) The Statewide Public Guardianship and Children's 26 Representation Office guardian ad litem program; 27 (i) The Department of Juvenile Justice; and 28 (j) The Department of Children and Family Services. 29 Section 890. For purposes of incorporating the 30 amendment to section 39.202, Florida Statutes, in references 31 thereto, paragraph (f) of subsection (1) of section 39.3035, 62 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 Florida Statutes, is reenacted to read: 2 39.3035 Child advocacy centers; standards; state 3 funding.-- 4 (1) In order to become eligible for a full membership 5 in the Florida Network of Children's Advocacy Centers, Inc., a 6 child advocacy center in this state shall: 7 (f) Provide case tracking of child abuse cases seen 8 through the center. A center shall also collect data on the 9 number of child abuse cases seen at the center, by sex, race, 10 age, and other relevant data; the number of cases referred for 11 prosecution; and the number of cases referred for mental 12 health therapy. Case records shall be subject to the 13 confidentiality provisions of s. 39.202. 14 Section 891. For purposes of incorporating the 15 amendment to section 39.202, Florida Statutes, in references 16 thereto, subsection (2) of section 39.507, Florida Statutes, 17 is reenacted to read: 18 39.507 Adjudicatory hearings; orders of 19 adjudication.-- 20 (2) All hearings, except as provided in this section, 21 shall be open to the public, and a person may not be excluded 22 except on special order of the judge, who may close any 23 hearing to the public upon determining that the public 24 interest or the welfare of the child is best served by so 25 doing. The parents or legal custodians shall be allowed to 26 obtain discovery pursuant to the Florida Rules of Juvenile 27 Procedure, provided such discovery does not violate the 28 provisions of s. 39.202. Hearings involving more than one 29 child may be held simultaneously when the children involved 30 are related to each other or were involved in the same case. 31 The child and the parents, caregivers, or legal custodians of 63 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 the child may be examined separately and apart from each 2 other. 3 Section 892. For purposes of incorporating the 4 amendment to section 39.701, Florida Statutes, in references 5 thereto, subsection (4) of section 63.052, Florida Statutes, 6 is reenacted to read: 7 63.052 Guardians designated; proof of commitment.-- 8 (4) If a minor is voluntarily surrendered to an 9 adoption entity for subsequent adoption and the adoption does 10 not become final within 180 days, the adoption entity must 11 report to the court on the status of the minor and the court 12 may at that time proceed under s. 39.701 or take action 13 reasonably necessary to protect the best interest of the 14 minor. 15 Section 893. For purposes of incorporating the 16 amendment to section 39.402, Florida Statutes, in references 17 thereto, subsection (20) of section 984.03, Florida Statutes, 18 is reenacted to read: 19 984.03 Definitions.--When used in this chapter, the 20 term: 21 (20) "Detention hearing" means a hearing for the court 22 to determine if a child should be placed in temporary custody, 23 as provided for under s. 39.402, in dependency cases. 24 25 (Redesignate subsequent sections.) 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 On page 10, line 2, after the semicolon, 31 64 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 insert: 2 providing for the transfer of the guardian ad 3 litem program to the Statewide Public 4 Guardianship and Children's Representation 5 Office; renaming each guardian ad litem office 6 as a Circuit Office of Children's 7 Representation; providing for a study to 8 determine the organizational placement of the 9 Statewide Public Guardianship and Children's 10 Representation Office and Circuit Children's 11 Representation Offices with recommendations to 12 the Legislature by a specified date; providing 13 for county funding of program elements; 14 amending s. 25.388, F.S.; including the 15 Statewide Public Guardianship and Children's 16 Representation Office as recipients of moneys 17 from the Family Courts Trust Funds; amending s. 18 744.701, F.S.; redesignating the Public 19 Guardianship Act as the "Public Guardianship 20 and Children's Representation Act"; amending s. 21 744.702, F.S.; providing legislative intent 22 with respect to children involved in dependency 23 proceedings and incapacitated persons; amending 24 s. 744.7021, F.S.; establishing the Statewide 25 Public Guardianship and Children's 26 Representation Office within the Department of 27 Elderly Affairs; providing a term of office and 28 qualifications for the executive director; 29 providing for appointment of deputy directors; 30 providing qualifications for deputy directors; 31 requiring the Statewide Public Guardianship and 65 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 Children's Representation Office to establish 2 standards for the representation of children; 3 requiring an annual report to the Legislature; 4 requiring the office to establish a Circuit 5 Office of Children's Representation in each 6 judicial circuit; authorizing the circuit 7 offices to provide and coordinate the provision 8 of legal services for children when private 9 representation is unavailable; requiring the 10 circuit offices to provide representation for 11 children in dependency proceedings; providing 12 for appointing a lay representative and an 13 attorney to represent the best interest of the 14 child; authorizing the Statewide Public 15 Guardianship and Children's Representation 16 Office or the Circuit Offices of Children's 17 Representation to establish a nonprofit 18 organization to assist in funding the services 19 provided to children; amending ss. 744.703, 20 744.706, 744.707, 744.708, 744.7081, 400.148, 21 F.S., relating to the office of public 22 guardian, budget, procedures and rules, reports 23 and standards, access to records, and Medicaid 24 contracts; conforming provisions to changes 25 made by the act; amending s. 27.51, F.S.; 26 authorizing a public defender to enter into an 27 agreement for representation of a child in a 28 dependency proceeding; amending s. 39.001, 29 F.S.; requiring the Statewide Public 30 Guardianship and Children's Representation 31 Office to participate in revising the statewide 66 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 plan to prevent abuse, abandonment, and neglect 2 of children; requiring that the Circuit Offices 3 of Children's Representation participate in 4 revising local plans; amending s. 39.01, F.S.; 5 redefining the term "party" to include, under 6 certain circumstances, a guardian ad litem; 7 limiting a child's right to file documents; 8 providing for notice to a party; providing for 9 excusing a child from appearing in court; 10 amending s. 39.013, F.S.; providing for 11 representation of children in proceedings under 12 ch. 39, F.S.; amending s. 39.202, F.S.; 13 authorizing access to records by the guardian 14 ad litem and the child; amending s. 39.302, 15 F.S.; requiring notification of the guardian ad 16 litem or legal counsel of reports of 17 institutional child abuse, neglect, or 18 abandonment; amending s. 39.305, F.S.; 19 providing for the Statewide Public Guardianship 20 and Children's Representation Office to 21 participate in developing the model plan for 22 intervention and treatment in certain 23 sexual-abuse cases; amending s. 39.402, F.S.; 24 providing for notice of and representation for 25 a child at a shelter hearing; providing for 26 continuance of the hearing in order for the 27 child to obtain representation; amending s. 28 39.407, F.S.; authorizing legal counsel to 29 represent a child placed in residential 30 treatment; requiring that notice and 31 information regarding the child's treatment be 67 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 provided to the child's guardian ad litem and 2 legal counsel; amending s. 39.4085, F.S.; 3 requiring that the child, the guardian ad 4 litem, or legal counsel participate in 5 developing a case plan; providing for the right 6 of a child to be heard at all review hearings; 7 providing for appointment of a guardian ad 8 litem or legal counsel; repealing s. 39.4086, 9 F.S., relating to a pilot program for 10 appointing attorneys ad litem for dependent 11 children; amending s. 39.502, F.S.; providing 12 for notice and service of process on legal 13 counsel or guardian ad litem; amending s. 14 39.504, F.S.; authorizing the child's guardian 15 ad litem or attorney to file for an injunction 16 to prevent child abuse or an unlawful sexual 17 offense; amending s. 39.505, F.S.; specifying 18 that the guardian ad litem need not file an 19 answer to a petition or pleading; amending s. 20 39.510, F.S.; authorizing the representative of 21 a party to appeal a court order; amending s. 22 39.521, F.S.; requiring that a case plan and 23 certain reports be provided to specified 24 parties; limiting discharge of a guardian ad 25 litem or legal counsel unless other 26 representation is provided to a child; 27 authorizing approval of withdrawal request; 28 amending s. 39.701, F.S.; authorizing the court 29 to dismiss a child from a judicial review 30 hearing; requiring that notice be provided to 31 the child and legal counsel; requiring service 68 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 of reports on specified parties; requiring the 2 court to determine whether a child needs a 3 guardian ad litem or attorney; amending s. 4 39.801, F.S.; requiring that notice of a 5 petition be served on a child; exempting a 6 child's legal counsel from payment of fees for 7 service of process or other papers; amending s. 8 39.802, F.S.; providing for a child through 9 legal counsel to file a petition for 10 termination of parental rights; amending s. 11 39.805, F.S.; providing that a guardian ad 12 litem need not file an answer; amending s. 13 39.806, F.S.; providing requirements for a 14 child in filing a petition for termination of 15 parental rights; amending s. 39.807, F.S.; 16 providing requirements for the representation 17 provided to a child by the guardian ad litem or 18 legal counsel; eliminating provisions related 19 to posting of a bond and service on a guardian 20 ad litem; amending s. 39.808, F.S.; providing 21 for appointment of legal counsel following a 22 petition to terminate parental rights; amending 23 s. 39.810, F.S.; providing for the court to 24 consider the expressed interest of the child in 25 a hearing on a petition to terminate parental 26 rights; providing that the court must consider 27 information related to best-interest 28 requirements provided by a guardian ad litem; 29 amending s. 39.811, F.S.; requiring that the 30 court consider information provided by the 31 child or the guardian ad litem in determining 69 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 whether to retain jurisdiction over a dependent 2 child; amending s. 39.820, F.S.; amending the 3 definition of the term "guardian ad litem" to 4 eliminate references to the guardian ad litem 5 program; amending s. 39.821, F.S.; providing 6 qualifications for guardians ad litem and staff 7 members of the Circuit Office of Children's 8 Representation providing representation to 9 children; amending s. 39.822, F.S.; designating 10 who may be a guardian ad litem; providing for 11 appointment of the Circuit Office of Children's 12 Representation when the child and parents are 13 indigent; requiring background checks of 14 specified guardians ad litem; creating s. 15 39.8225, F.S.; providing powers and duties of a 16 guardian ad litem; requiring that a guardian ad 17 litem represent the child's best interest; 18 requiring that a guardian ad litem investigate 19 allegations in a pleading filed; providing 20 requirements for conducting an investigation; 21 requiring that the guardian ad litem and 22 attorney consult with the child; requiring a 23 report; providing for attorney review of the 24 report and presentation to the court; requiring 25 that the court be informed of the expressed 26 interest of the child; authorizing the court to 27 issue a blanket order for the guardian ad litem 28 to obtain information; authorizing the guardian 29 ad litem to petition the court to issue orders; 30 providing for notice of written reports to all 31 parties; requiring that the guardian ad litem 70 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 file certain pleadings through counsel; 2 creating s. 39.84, F.S.; providing for 3 confidentiality; creating s. 39.86, F.S.; 4 providing immunity for a guardian ad litem, 5 staff or volunteer in a Circuit Office of 6 Children's Representation, and a 7 court-appointed psychologist; creating s. 8 39.8226, F.S.; providing for appointment of 9 legal counsel for a child; requiring that the 10 court determine capacity of a child before 11 appointing legal counsel; providing for 12 appointment of legal counsel when the Circuit 13 Office of Children's Representation is 14 providing representation; authorizing the 15 Circuit Office of Children's Representation to 16 petition for appointment of counsel; amending 17 s. 40.24, F.S.; providing for payment for 18 jurors to be used to fund the representation of 19 children in a proceeding under ch. 39, F.S., 20 and related proceedings; amending s. 215.5601, 21 F.S.; providing for the Director of the 22 Statewide Public Guardianship and Children's 23 Representation Office rather than the director 24 of the guardian ad litem program to be a member 25 of the Lawton Chiles Endowment Fund Advisory 26 Council; amending s. 985.308, F.S.; 27 substituting the Statewide Public Guardianship 28 and Children's Representation Office for the 29 guardian ad litem program on the membership of 30 a sexual abuse intervention network; reenacting 31 ss. 39.3035, 39.202, F.S., relating to child 71 2:15 PM 03/22/02 h0577c2c-33101
SENATE AMENDMENT Bill No. CS/CS/HB 577 Amendment No. ___ Barcode 551058 1 advocacy centers and adjudicatory hearings, to 2 incorporate the amendment to s. 39.202, F.S., 3 in references thereto; reenacting s. 63.052, 4 F.S., relating to the designation of guardians, 5 to incorporate the amendment to 39.701, F.S., 6 in references thereto; reenacting s. 984.03, 7 F.S., relating to probation and community 8 control, to incorporate the amendment to s. 9 39.402, F.S., in references thereto; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 72 2:15 PM 03/22/02 h0577c2c-33101