Senate Bill sb0686

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    Florida Senate - 2002                                   SB 686

    By the Committee on Judiciary; and Senator Burt





    308-658A-02

  1                      A bill to be entitled

  2         An act relating to legal proceedings involving

  3         minor children; amending s. 25.388, F.S.;

  4         including the circuit offices of public

  5         advocacy as recipients of moneys from the

  6         Family Courts Trust Funds; amending s. 27.51,

  7         F.S.; deleting the requirement that the public

  8         defender provide representation for an alleged

  9         delinquent child; creating the Office of Public

10         Advocacy within the Justice Administrative

11         Commission; requiring the office to establish

12         standards for the representation of children;

13         requiring an annual report to the Legislature;

14         requiring the Office of Public Advocacy to

15         establish an office of public advocacy in each

16         judicial circuit; authorizing the circuit

17         offices of public advocacy to provide and

18         coordinate the provision of legal services for

19         children when private representation is

20         unavailable; requiring the offices to provide

21         representation for children in dependency or

22         delinquency proceedings; providing for

23         appointing a guardian ad litem and an attorney

24         to represent the guardian at litem; requiring

25         the Office of Public Advocacy to establish a

26         nonprofit organization to assist in funding the

27         services provided to children; amending s.

28         39.001, F.S.; requiring the Office of Public

29         Advocacy to participate in revising the

30         statewide plan to prevent abuse, abandonment,

31         and neglect of children; requiring that the

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    Florida Senate - 2002                                   SB 686
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  1         circuit offices of public advocacy participate

  2         in revising local plans; amending s. 39.01,

  3         F.S.; redefining the term "party" to include,

  4         under certain circumstances, a guardian ad

  5         litem; providing for notice to a party through

  6         counsel; providing for excusing a child from

  7         appearing in court; amending s. 39.202, F.S.;

  8         authorizing access to records by the guardian

  9         ad litem and legal counsel; amending s. 39.305,

10         F.S.; providing for the Office of Public

11         Advocacy to participate in developing the model

12         plan for intervention and treatment in certain

13         sexual-abuse cases; amending s. 39.402, F.S.;

14         providing for notice of and representation for

15         a child at a shelter hearing; providing for

16         continuance of the hearing in order for the

17         child to obtain representation; amending s.

18         39.407, F.S.; authorizing legal counsel to

19         represent a child placed in residential

20         treatment; requiring that notice and

21         information regarding the child's treatment be

22         provided to the child's guardian ad litem and

23         legal counsel; amending s. 39.4085, F.S.;

24         requiring that the child, the guardian ad

25         litem, or legal counsel participate in

26         developing a case plan; providing for the right

27         of a child to be heard at all review hearings;

28         providing for appointment of a guardian ad

29         litem or legal counsel; repealing s. 39.4086,

30         F.S., relating to a pilot program for

31         appointing attorneys ad litem for dependent

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    Florida Senate - 2002                                   SB 686
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  1         children; amending s. 39.502, F.S.; providing

  2         for notice and service of process on legal

  3         counsel; amending s. 39.504, F.S.; authorizing

  4         the child's guardian ad litem or attorney to

  5         file for an injunction to prevent child abuse

  6         or an unlawful sexual offense; amending s.

  7         39.505, F.S.; specifying that the guardian ad

  8         litem need not file an answer to a petition or

  9         pleading; amending s. 39.510, F.S.; authorizing

10         the representative of a party to appeal a court

11         order; amending s. 39.521, F.S.; requiring that

12         a case plan and certain reports be provided to

13         specified parties; limiting discharge of a

14         guardian ad litem or legal counsel unless other

15         representation is provided to a child; amending

16         s. 39.701, F.S.; authorizing the court to

17         dismiss a child from a judicial review hearing;

18         requiring that notice be provided to the child

19         and legal counsel; requiring service of reports

20         on specified parties; authorizing the court to

21         determine whether a child's placement is

22         appropriate; amending s. 39.801, F.S.;

23         requiring that notice of a petition be served

24         on a child and legal counsel; exempting a

25         child's legal counsel from payment of fees for

26         service of process or other papers; amending s.

27         39.802, F.S.; providing for a child or a

28         child's legal counsel to file a petition for

29         termination of parental rights; amending s.

30         39.805, F.S.; providing that a guardian ad

31         litem need not file an answer; amending s.

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  1         39.806, F.S.; providing requirements for a

  2         child or legal counsel in filing a petition for

  3         termination of parental rights; amending s.

  4         39.807, F.S.; providing requirements for the

  5         representation provided to a child by the

  6         guardian ad litem or legal counsel; amending s.

  7         39.808, F.S.; providing for appointment of

  8         legal counsel following a petition to terminate

  9         parental rights; amending s. 39.810, F.S.;

10         providing for the court to consider the

11         expressed interest of the child in a hearing on

12         a petition to terminate parental rights;

13         amending s. 39.811, F.S.; requiring that the

14         court consider information provided by the

15         child or the guardian ad litem in determining

16         whether to retain jurisdiction over a dependent

17         child; amending s. 39.820, F.S.; amending the

18         definition of the term "guardian ad litem" to

19         eliminate references to the guardian ad litem

20         program; amending s. 39.821, F.S.; providing

21         qualifications for guardians ad litem and staff

22         members of the Office of Public Advocacy or a

23         circuit office of public advocacy; amending s.

24         39.822, F.S.; requiring the certification of

25         guardians ad litem; creating s. 39.8225, F.S.;

26         providing powers and duties of a guardian ad

27         litem; requiring that a guardian ad litem

28         represent the child's best interest; requiring

29         that a guardian ad litem investigate

30         allegations in a pleading filed pursuant to

31         family law rules of procedure or juvenile rules

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  1         of procedure; providing requirements for

  2         conducting an investigation; requiring that the

  3         guardian ad litem and attorney consult with the

  4         child; requiring a report; providing for

  5         attorney review of the report and presentation

  6         to the court; providing an attorney-client

  7         privilege for the guardian ad litem and the

  8         child; authorizing the guardian ad litem to

  9         petition the court to issue orders; providing

10         for notice of written reports to all parties;

11         requiring that the guardian ad litem file

12         certain pleadings through counsel; creating s.

13         39.8226, F.S.; providing for appointment of

14         legal counsel for a child; requiring such

15         appointment in a delinquency proceeding;

16         requiring that the court determine capacity of

17         a child before appointing legal counsel in

18         other proceedings; providing for appointment of

19         legal counsel when the circuit office of public

20         advocacy is providing representation;

21         authorizing the circuit office of public

22         advocacy to petition for appointment of

23         counsel; amending s. 40.24, F.S.; providing for

24         payment for jurors to be used to fund the

25         circuit offices of public advocacy; amending

26         ss. 48.041, 48.042, F.S.; providing for service

27         of process on a minor child's attorney of

28         record; amending s. 61.401, F.S.; providing for

29         appointment of guardian ad litem or legal

30         counsel in specified actions; repealing ss.

31         61.402, 61.403, F.S., relating to

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  1         qualifications of a guardian ad litem and the

  2         powers and duties of a guardian ad litem;

  3         amending s. 61.404, F.S., relating to the

  4         confidentiality of guardians ad litem;

  5         conforming a cross-reference to changes made by

  6         the act; amending s. 63.0423, F.S.; providing

  7         for a guardian ad litem to be a party to an

  8         action; amending s. 63.0427, F.S.; requiring

  9         that the court consider the expressed interest

10         of a child in determining contact with the

11         child's family after adoption; amending s.

12         215.5601, F.S.; providing for the director of

13         the Office of Public Advocacy rather than the

14         director of the guardian ad litem program to be

15         a member of the Lawton Chiles Endowment Fund

16         Advisory Council; amending s. 228.093, F.S.;

17         authorizing a guardian ad litem to challenge

18         the content of a child's school records;

19         amending s. 384.27, F.S.; providing for the

20         appointment of a guardian ad litem in certain

21         cases involving the examination or treatment of

22         a child for a sexually transmissible disease;

23         amending s. 393.065, F.S.; authorizing a

24         guardian ad litem to appeal a determination of

25         eligibility for developmental services;

26         amending s. 393.0651, F.S.; allowing a guardian

27         ad litem to be appointed as the client advocate

28         for a developmentally disabled child; amending

29         s. 393.11, F.S.; providing for representation

30         by a guardian ad litem for purposes of

31         involuntary admission for residential services;

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    Florida Senate - 2002                                   SB 686
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  1         providing for service of notice; authorizing a

  2         guardian ad litem to appeal an order of

  3         involuntary admission; amending s. 397.501,

  4         F.S.; authorizing a guardian ad litem to

  5         provide representation to a child receiving

  6         substance abuse treatment services; amending s.

  7         742.011, F.S.; authorizing a guardian ad litem

  8         to bring a paternity action; amending s.

  9         744.3021, F.S.; providing for a guardian ad

10         litem to represent the interests of a minor at

11         a hearing on the appointment of a guardian;

12         amending s. 984.16, F.S.; authorizing a

13         guardian ad litem to petition the court for a

14         subpoena; amending ss. 984.17, 984.20, F.S.;

15         providing for appointment of legal counsel in a

16         case involving a petition for a child in need

17         of services; providing for a guardian ad litem

18         to be a party in such a case; amending s.

19         985.203, F.S.; providing that a child's right

20         to counsel may not be waived until the child

21         has been advised by an attorney; providing for

22         appointment of a guardian ad litem; amending s.

23         985.223, F.S.; providing for service on the

24         child's guardian ad litem in a delinquency

25         case; amending s. 985.233, F.S.; requiring that

26         the presentence investigation report be

27         provided to a child's guardian ad litem;

28         amending s. 985.234, F.S.; authorizing the

29         guardian ad litem to appeal a court order on

30         behalf of a child; amending s. 985.308, F.S.;

31         including the circuit office of public advocacy

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  1         in the membership of a sexual abuse

  2         intervention network; providing an effective

  3         date.

  4

  5  Be It Enacted by the Legislature of the State of Florida:

  6

  7         Section 1.  Subsection (1) of section 25.388, Florida

  8  Statutes, is amended to read:

  9         25.388  Family Courts Trust Fund.--

10         (1)(a)  The trust fund moneys in the Family Courts

11  Trust Fund, administered by the Supreme Court, shall be used

12  to implement family court plans in all judicial circuits of

13  this state.

14         (b)  The Supreme Court, through the Office of the State

15  Courts Administrator, shall adopt a comprehensive plan for the

16  operation of the trust fund and the expenditure of any moneys

17  deposited into the trust fund. The plan shall provide for a

18  comprehensive integrated response to families in litigation,

19  including domestic violence matters, circuit offices of public

20  advocacy guardian ad litem programs, mediation programs, legal

21  support, training, automation, and other related costs

22  incurred to benefit the citizens of the state and the courts

23  in relation to family law cases. The trust fund shall be used

24  to fund the publication of the handbook created pursuant to s.

25  741.0306.

26         Section 2.  Subsection (1) of section 27.51, Florida

27  Statutes, is amended to read:

28         27.51  Duties of public defender.--

29         (1)  The public defender shall represent, without

30  additional compensation, any person who is determined by the

31  court to be indigent as provided in s. 27.52 and who is:

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  1         (a)  Under arrest for, or is charged with, a felony;

  2         (b)  Under arrest for, or is charged with, a

  3  misdemeanor, a violation of chapter 316 which is punishable by

  4  imprisonment, criminal contempt, or a violation of a municipal

  5  or county ordinance in the county court, unless the court,

  6  prior to trial, files in the cause an order of no imprisonment

  7  which states that the defendant will not be imprisoned if he

  8  or she is convicted; or

  9         (c)  Alleged to be a delinquent child pursuant to a

10  petition filed before a circuit court; or

11         (c)(d)  Sought by petition filed in such court to be

12  involuntarily placed as a mentally ill person or sexually

13  violent predator or involuntarily admitted to residential

14  services as a person with developmental disabilities. However,

15  a public defender does not have the authority to represent any

16  person who is a plaintiff in a civil action brought under the

17  Florida Rules of Civil Procedure, the Federal Rules of Civil

18  Procedure, or the federal statutes, or who is a petitioner in

19  an administrative proceeding challenging a rule under chapter

20  120, unless specifically authorized by statute.

21         Section 3.  Office of Public Advocacy.--

22         (1)  The Office of Public Advocacy is created within

23  the judicial branch of government. The office shall be under

24  the Justice Administrative Commission for budget and

25  administrative purposes.

26         (2)  The office shall establish standards for

27  representation of children by the circuit offices of public

28  advocacy, including recommended case loads for attorneys and

29  for volunteer and staff guardians ad litem.

30         (3)  The office shall establish standards for a child

31  to qualify for representation by the office, including child

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  1  and parent income levels. However, if the parent or person who

  2  has custody of the child cannot or will not provide adequate

  3  representation, the court may appoint the circuit office of

  4  public advocacy.

  5         (4)  The office shall document the need for child

  6  advocacy throughout the state and report annually on October 1

  7  to the Legislature on the need and the cost to adequately

  8  provide advocacy for children in the court and education

  9  systems of the state. The report must include information on

10  the type and level of advocacy provided in prior years by both

11  public entities and private entities providing contract or pro

12  bono services.

13         (5)  The office shall develop performance measures and

14  standards for its services throughout the state.

15         (6)  The office shall establish a circuit office of

16  public advocacy in each judicial circuit in the state. Each

17  circuit office shall consist of an administrator, staff or pro

18  bono attorneys, social workers, volunteer coordinators,

19  volunteer or staff guardians ad litem, and support staff. The

20  administrator in each office must be knowledgeable and

21  proficient in the legal process and the legal representation

22  of children in administrative and court proceedings, as well

23  as discovery and mediation processes.

24         (7)  Each circuit office of public advocacy may provide

25  and coordinate the provision of legal representation of

26  children in each aspect of court proceedings when private

27  representation is not available to the child and the child's

28  rights are not otherwise protected. The office must provide

29  representation for every child not otherwise represented who

30  is a party to a dependency or delinquency proceeding or who is

31  a witness in a criminal case related to dependency.

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  1  Representation should be provided as requested by the court in

  2  family law and education matters and when the child is a

  3  witness in a criminal case. The office may not provide

  4  representation in a civil matter unless it involves an issue

  5  that concerns a child otherwise represented by the office.

  6         (8)  If a circuit office of public advocacy is

  7  appointed to represent a child, a staff or volunteer guardian

  8  ad litem shall be appointed to the case and an attorney shall

  9  be assigned to represent the guardian ad litem.

10         (9)  The attorney shall provide representation to the

11  guardian ad litem only with respect to the guardian ad litem's

12  representation of the best interest of the child.

13         (10)  To the extent possible, the statewide office of

14  public advocacy or circuit offices of public advocacy shall

15  enter into contracts with private entities or public or

16  private colleges or universities to provide contract or pro

17  bono legal representation to children as court-appointed

18  counsel for the child, to provide pro bono representation of

19  guardians ad litem, or to provide volunteer guardians ad

20  litem.

21         (11)  The Office of Public Advocacy shall establish a

22  not-for-profit support organization under section 501(c)(3) of

23  the Internal Revenue Code to assist in funding the needs of

24  children receiving services through the circuit offices of

25  public advocacy.

26         Section 4.  Subsection (3) and paragraph (a) of

27  subsection (7) of section 39.001, Florida Statutes, are

28  amended to read:

29         39.001  Purposes and intent; personnel standards and

30  screening.--

31

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  1         (3)  GENERAL PROTECTIONS FOR CHILDREN.--It is a purpose

  2  of the Legislature that the children of this state be provided

  3  with the following protections:

  4         (a)  Protection from abuse, abandonment, neglect, and

  5  exploitation.

  6         (b)  A permanent and stable home.

  7         (c)  A safe and nurturing environment which will

  8  preserve a sense of personal dignity and integrity.

  9         (d)  Adequate nutrition, shelter, and clothing.

10         (e)  Effective treatment to address physical, social,

11  and emotional needs, regardless of geographical location.

12         (f)  Equal opportunity and access to quality and

13  effective education, which will meet the individual needs of

14  each child, and to recreation and other community resources to

15  develop individual abilities.

16         (g)  Access to preventive services.

17         (h)  An independent, trained advocate, when

18  intervention by the department is necessary and a skilled

19  guardian or caregiver in a safe environment when alternative

20  placement is necessary.

21         (7)  PLAN FOR COMPREHENSIVE APPROACH.--

22         (a)  The department shall develop a state plan for the

23  prevention of abuse, abandonment, and neglect of children and

24  shall submit the plan to the Speaker of the House of

25  Representatives, the President of the Senate, and the Governor

26  no later than January 1, 1983. The Department of Education,

27  and the Division of Children's Medical Services Prevention and

28  Intervention of the Department of Health, and the Office of

29  Public Advocacy shall participate and fully cooperate in the

30  development of the state plan at both the state and local

31  levels. Furthermore, appropriate local agencies and

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  1  organizations shall be provided an opportunity to participate

  2  in the development of the state plan at the local level.

  3  Appropriate local groups and organizations shall include, but

  4  not be limited to, community mental health centers; circuit

  5  offices of public advocacy guardian ad litem programs for

  6  children under the circuit court; the school boards of the

  7  local school districts; the Florida local advocacy councils;

  8  private or public organizations or programs with recognized

  9  expertise in working with children who are sexually abused,

10  physically abused, emotionally abused, abandoned, or neglected

11  and with expertise in working with the families of such

12  children; private or public programs or organizations with

13  expertise in maternal and infant health care;

14  multidisciplinary child protection teams; child day care

15  centers; and law enforcement agencies, and the circuit courts,

16  when guardian ad litem programs are not available in the local

17  area.  The state plan to be provided to the Legislature and

18  the Governor shall include, as a minimum, the information

19  required of the various groups in paragraph (b).

20         Section 5.  Subsection (51) of section 39.01, Florida

21  Statutes, is amended to read:

22         39.01  Definitions.--When used in this chapter, unless

23  the context otherwise requires:

24         (51)  "Party" means the parent or parents of the child,

25  the petitioner, the department, the guardian ad litem as

26  defined in s. 39.820 or the representative of the guardian ad

27  litem program when the program has been appointed, and the

28  child. If information or notice must be provided to a party,

29  service on the party's legal counsel constitutes service on

30  the party, unless the party requests or the court orders

31  actual service on the party in addition to the legal counsel.

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  1  The presence of the child may be excused by order of the court

  2  when the child requests to be excused presence would not be in

  3  the child's best interest. Notice to the child and the

  4  presence of the child may be excused by order of the court

  5  when the age, capacity, or other condition of the child is

  6  such that the notice or the presence of the child would be

  7  meaningless or emotionally detrimental to the child.

  8         Section 6.  Paragraph (d) of subsection (2) and

  9  subsection (5) of section 39.202, Florida Statutes, are

10  amended to read:

11         39.202  Confidentiality of reports and records in cases

12  of child abuse or neglect.--

13         (2)  Access to such records, excluding the name of the

14  reporter which shall be released only as provided in

15  subsection (4), shall be granted only to the following

16  persons, officials, and agencies:

17         (d)  The parent or legal custodian of any child who is

18  alleged to have been abused, abandoned, or neglected, and the

19  child, the guardian ad litem, and their attorneys. This access

20  shall be made available no later than 30 days after the

21  department receives the initial report of abuse, neglect, or

22  abandonment. However, any information otherwise made

23  confidential or exempt by law shall not be released pursuant

24  to this paragraph.

25         (5)  All records and reports of the child protection

26  team of the Department of Health are confidential and exempt

27  from the provisions of ss. 119.07(1) and 456.057, and shall

28  not be disclosed, except, upon request, to the state

29  attorney;, law enforcement agencies;, the department;, and

30  necessary professionals, in furtherance of the treatment or

31  additional evaluative needs of the child, by order of the

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  1  court; the child's guardian ad litem and legal counsel;, or to

  2  health plan payors, limited to that information used for

  3  insurance reimbursement purposes.

  4         Section 7.  Section 39.305, Florida Statutes, is

  5  amended to read:

  6         39.305  Intervention and treatment in sexual abuse

  7  cases; model plan.--The department shall develop a model plan

  8  for community intervention and treatment of intrafamily sexual

  9  abuse in conjunction with the Department of Law Enforcement,

10  the Department of Health, the Department of Education, the

11  Attorney General, the Office of Public Advocacy state Guardian

12  Ad Litem Program, the Department of Corrections,

13  representatives of the judiciary, and professionals and

14  advocates from the mental health and child welfare community.

15         Section 8.  Subsection (5) and paragraphs (b), (c), and

16  (e) of subsection (8) of section 39.402, Florida Statutes, are

17  amended to read:

18         39.402  Placement in a shelter.--

19         (5)(a)  The parents or legal custodians of the child,

20  the child, and the child's guardian ad litem or legal counsel,

21  if known, or the circuit office of public advocacy shall be

22  given such notice as best ensures their actual knowledge of

23  the date, time, and location of the shelter hearing.  If the

24  parents or legal custodians are outside the jurisdiction of

25  the court, are not known, or cannot be located or refuse or

26  evade service, they shall be given such notice as best ensures

27  their actual knowledge of the date, time, and location of the

28  shelter hearing.  The person providing or attempting to

29  provide notice to the parents or legal custodians and the

30  child's guardian ad litem or legal counsel or the circuit

31  office of public advocacy shall, if the person's or entities

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  1  to be provided notice parents or legal custodians are not

  2  present at the hearing, advise the court either in person or

  3  by sworn affidavit, of the attempts made to provide notice and

  4  the results of those attempts.

  5         (b)  The parents or legal custodians, the child, and

  6  the child's guardian ad litem or legal counsel or the circuit

  7  office of public advocacy shall be given written notice that:

  8         1.  They will be given an opportunity to be heard and

  9  to present evidence at the shelter hearing; and

10         2.  The parents They have the right to be represented

11  by counsel and the child has the right to counsel or a

12  guardian ad litem., and,

13         a.  If indigent, the parents have the right to be

14  represented by appointed counsel, at the shelter hearing and

15  at each subsequent hearing or proceeding, pursuant to the

16  procedures set forth in s. 39.013.

17         b.  If the child's parents and the child are indigent

18  or time or circumstances prevent obtaining a private guardian

19  ad litem or counsel, the circuit office of public advocacy

20  shall be appointed to represent the child.

21         c.  If the parents or legal custodians appear for the

22  shelter hearing without legal counsel, then, at their request,

23  the shelter hearing may be continued up to 72 hours to enable

24  the parents or legal custodians to consult legal counsel.

25         d.  If the child appears for the shelter hearing

26  without a guardian ad litem, legal counsel, or representation

27  by the circuit office of public advocacy, the shelter hearing

28  may be continued up to 72 hours to enable representation to be

29  retained on behalf of the child.

30         e.  If a continuance is requested by the parents or

31  legal custodians, or by or on behalf of the child, the child

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  1  shall be continued in shelter care for the length of the

  2  continuance, if granted by the court.

  3         (8)

  4         (b)  The parents or legal custodians of the child, the

  5  child, and the child's guardian ad litem or legal counsel or

  6  the circuit office of public advocacy shall be given such

  7  notice as best ensures their actual knowledge of the time and

  8  place of the shelter hearing. The failure to provide notice to

  9  a party or participant does not invalidate an order placing a

10  child in a shelter if the court finds that the petitioner has

11  made a good faith effort to provide such notice. The court

12  shall require the parents or legal custodians present at the

13  hearing to provide to the court on the record the names,

14  addresses, and relationships of all parents, prospective

15  parents, and next of kin of the child, so far as are known.

16         (c)  At the shelter hearing, the court shall:

17         1.  Appoint a guardian ad litem to represent the best

18  interest of the child, unless the court finds that such

19  representation of the child is otherwise provided is

20  unnecessary;

21         2.  Inform the parents or legal custodians of their

22  right to counsel to represent them at the shelter hearing and

23  at each subsequent hearing or proceeding, and the right of the

24  parents to appointed counsel, pursuant to the procedures set

25  forth in s. 39.013; and

26         3.  Give the parents or legal custodians an opportunity

27  to be heard and to present evidence.

28         (e)  At the shelter hearing, the department shall

29  provide the court and the child's guardian ad litem, legal

30  counsel, or representative of the circuit office of public

31  advocacy copies of any available law enforcement, medical, or

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  1  other professional reports, and shall also provide copies of

  2  abuse hotline reports pursuant to state and federal

  3  confidentiality requirements.

  4         Section 9.  Subsection (5) of section 39.407, Florida

  5  Statutes, is amended to read:

  6         39.407  Medical, psychiatric, and psychological

  7  examination and treatment of child; physical or mental

  8  examination of parent or person requesting custody of child.--

  9         (5)  Children who are in the legal custody of the

10  department may be placed by the department in a residential

11  treatment center licensed under s. 394.875 or a hospital

12  licensed under chapter 395 for residential mental health

13  treatment only pursuant to this section or may be placed by

14  the court in accordance with an order of involuntary

15  examination or involuntary placement entered pursuant to s.

16  394.463 or s. 394.467. All children placed in a residential

17  treatment program under this subsection must have a guardian

18  ad litem or legal counsel appointed.

19         (a)  As used in this subsection, the term:

20         1.  "Residential treatment" means placement for

21  observation, diagnosis, or treatment of an emotional

22  disturbance in a residential treatment center licensed under

23  s. 394.875 or a hospital licensed under chapter 395.

24         2.  "Least restrictive alternative" means the treatment

25  and conditions of treatment that, separately and in

26  combination, are no more intrusive or restrictive of freedom

27  than reasonably necessary to achieve a substantial therapeutic

28  benefit or to protect the child or adolescent or others from

29  physical injury.

30         3.  "Suitable for residential treatment" or

31  "suitability" means a determination concerning a child or

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  1  adolescent with an emotional disturbance as defined in s.

  2  394.492(5) or a serious emotional disturbance as defined in s.

  3  394.492(6) that each of the following criteria is met:

  4         a.  The child requires residential treatment.

  5         b.  The child is in need of a residential treatment

  6  program and is expected to benefit from mental health

  7  treatment.

  8         c.  An appropriate, less restrictive alternative to

  9  residential treatment is unavailable.

10         (b)  Whenever the department believes that a child in

11  its legal custody is emotionally disturbed and may need

12  residential treatment, an examination and suitability

13  assessment must be conducted by a qualified evaluator who is

14  appointed by the Agency for Health Care Administration. This

15  suitability assessment must be completed before the placement

16  of the child in a residential treatment center for emotionally

17  disturbed children and adolescents or a hospital. The

18  qualified evaluator must be a psychiatrist or a psychologist

19  licensed in Florida who has at least 3 years of experience in

20  the diagnosis and treatment of serious emotional disturbances

21  in children and adolescents and who has no actual or perceived

22  conflict of interest with any inpatient facility or

23  residential treatment center or program.

24         (c)  Before a child is admitted under this subsection,

25  the child shall be assessed for suitability for residential

26  treatment by a qualified evaluator who has conducted a

27  personal examination and assessment of the child and has made

28  written findings that:

29         1.  The child appears to have an emotional disturbance

30  serious enough to require residential treatment and is

31  reasonably likely to benefit from the treatment.

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  1         2.  The child has been provided with a clinically

  2  appropriate explanation of the nature and purpose of the

  3  treatment.

  4         3.  All available modalities of treatment less

  5  restrictive than residential treatment have been considered,

  6  and a less restrictive alternative that would offer comparable

  7  benefits to the child is unavailable.

  8

  9  A copy of the written findings of the evaluation and

10  suitability assessment must be provided to the department and

11  to the guardian ad litem or legal counsel, who shall have the

12  opportunity to discuss the findings with the evaluator.

13         (d)  Immediately upon placing a child in a residential

14  treatment program under this section, the department must

15  notify the guardian ad litem or legal counsel and the court

16  having jurisdiction over the child and must provide the

17  guardian ad litem or legal counsel and the court with a copy

18  of the assessment by the qualified evaluator.

19         (e)  Within 10 days after the admission of a child to a

20  residential treatment program, the director of the residential

21  treatment program or the director's designee must ensure that

22  an individualized plan of treatment has been prepared by the

23  program and has been explained to the child, to the

24  department, and to the guardian ad litem or legal counsel, and

25  submitted to the department. The child must be involved in the

26  preparation of the plan to the maximum feasible extent

27  consistent with his or her ability to understand and

28  participate, and the guardian ad litem or legal counsel and

29  the child's foster parents must be involved to the maximum

30  extent consistent with the child's treatment needs. The plan

31  must include a preliminary plan for residential treatment and

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  1  aftercare upon completion of residential treatment. The plan

  2  must include specific behavioral and emotional goals against

  3  which the success of the residential treatment may be

  4  measured. A copy of the plan must be provided to the child, to

  5  the guardian ad litem or legal counsel, and to the department.

  6         (f)  Within 30 days after admission, the residential

  7  treatment program must review the appropriateness and

  8  suitability of the child's placement in the program. The

  9  residential treatment program must determine whether the child

10  is receiving benefit towards the treatment goals and whether

11  the child could be treated in a less restrictive treatment

12  program. The residential treatment program shall prepare a

13  written report of its findings and submit the report to the

14  guardian ad litem or legal counsel and to the department. The

15  department must submit the report to the court. The report

16  must include a discharge plan for the child. The residential

17  treatment program must continue to evaluate the child's

18  treatment progress every 30 days thereafter and must include

19  its findings in a written report submitted to the guardian ad

20  litem or legal counsel and the department. The department may

21  not reimburse a facility until the facility has submitted

22  every written report that is due.

23         (g)1.  The department must submit, at the beginning of

24  each month, to the court having jurisdiction over the child

25  and to the guardian ad litem or legal counsel, a written

26  report regarding the child's progress towards achieving the

27  goals specified in the individualized plan of treatment.

28         2.  The court must conduct a hearing to review the

29  status of the child's residential treatment plan no later than

30  3 months after the child's admission to the residential

31  treatment program. An independent review of the child's

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  1  progress towards achieving the goals and objectives of the

  2  treatment plan must be completed by a qualified evaluator and

  3  submitted to the court and to the guardian ad litem or legal

  4  counsel before the court's its 3-month review.

  5         3.  For any child in residential treatment at the time

  6  a judicial review is held pursuant to s. 39.701, the child's

  7  continued placement in residential treatment must be a subject

  8  of the judicial review.

  9         4.  If at any time the court determines that the child

10  is not suitable for continued residential treatment, the court

11  shall order the department to place the child in the least

12  restrictive setting that is best suited to meet his or her

13  needs.

14         (h)  After the initial 3-month review, the court must

15  conduct a review of the child's residential treatment plan

16  every 90 days.

17         (i)  The department must adopt rules for implementing

18  timeframes for the completion of suitability assessments by

19  qualified evaluators and a procedure that includes timeframes

20  for completing the 3-month independent review by the qualified

21  evaluators of the child's progress towards achieving the goals

22  and objectives of the treatment plan which review must be

23  submitted to the court. The Agency for Health Care

24  Administration must adopt rules for the registration of

25  qualified evaluators, the procedure for selecting the

26  evaluators to conduct the reviews required under this section,

27  and a reasonable, cost-efficient fee schedule for qualified

28  evaluators.

29         Section 10.  Subsections (11), (12), (19), (20), and

30  (21) of section 39.4085, Florida Statutes, are amended to

31  read:

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  1         39.4085  Legislative findings and declaration of intent

  2  for goals for dependent children.--The Legislature finds and

  3  declares that the design and delivery of child welfare

  4  services should be directed by the principle that the health

  5  and safety of children should be of paramount concern and,

  6  therefore, establishes the following goals for children in

  7  shelter or foster care:

  8         (11)  To be the subject of a plan developed by the

  9  counselor and the shelter or foster caregiver with the child

10  and the child's guardian ad litem or legal counsel to deal

11  with identified behaviors that may present a risk to the child

12  or others.

13         (12)  To be involved and incorporated, where

14  appropriate, and to have their guardian ad litem or legal

15  counsel be involved in the development of the case plan, to

16  have a case plan which will address their specific needs, and

17  to object to any of the provisions of the case plan.

18         (19)  To be heard by the court, if appropriate, at all

19  review hearings, unless the child chooses not to be heard or

20  because of age, capacity, or other condition of the child, the

21  court determines it would be meaningless or emotionally

22  detrimental to the child.

23         (20)  To have a guardian ad litem appointed to

24  represent, within reason, their best interests and, where

25  appropriate, legal counsel an attorney ad litem appointed to

26  represent their expressed legal interests; the guardian ad

27  litem and legal counsel attorney ad litem shall have immediate

28  and unlimited access to the children they represent.

29         (21)  To have all their records available for review by

30  their guardian ad litem and legal counsel attorney ad litem if

31  they deem such review necessary.

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  1         Section 11.  Section 39.4086, Florida Statutes, is

  2  repealed.

  3         Section 12.  Subsections (8), (12), (13), (14), (17),

  4  and (18) of section 39.502, Florida Statutes, are amended to

  5  read:

  6         39.502  Notice, process, and service.--

  7         (8)  It is not necessary to the validity of a

  8  proceeding covered by this part that the parents be present if

  9  their identity or residence is unknown after a diligent search

10  has been made, but in this event the petitioner shall file an

11  affidavit of diligent search prepared by the person who made

12  the search and inquiry, and the court shall may appoint a

13  guardian ad litem or legal counsel for the child.

14         (12)  All process and orders issued by the court shall

15  be served or executed as other process and orders of the

16  circuit court and, in addition, may be served or executed by

17  authorized agents of the department, or the guardian ad litem,

18  or legal counsel.

19         (13)  Subpoenas may be served within the state by any

20  person over 18 years of age who is not a party to the

21  proceeding and, in addition, may be served by authorized

22  agents of the department, or the guardian ad litem, or legal

23  counsel.

24         (14)  No fee shall be paid for service of any process

25  or other papers by an agent of the department, or the guardian

26  ad litem, or legal counsel. If any process, orders, or any

27  other papers are served or executed by any sheriff, the

28  sheriff's fees shall be paid by the county.

29         (17)  The parent or legal custodian of the child, the

30  attorney for the department, the guardian ad litem, the child,

31  the child's legal counsel, and all other parties and

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  1  participants shall be given reasonable notice of all hearings

  2  provided for under this part.

  3         (18)  In all proceedings under this part, the court

  4  shall provide to the parent or legal custodian of the child,

  5  the child, and the child's guardian ad litem or legal counsel,

  6  at the conclusion of any hearing, a written notice containing

  7  the date of the next scheduled hearing. The court shall also

  8  include the date of the next hearing in any order issued by

  9  the court.

10         Section 13.  Subsections (1) and (4) of section 39.504,

11  Florida Statutes, are amended to read:

12         39.504  Injunction pending disposition of petition;

13  penalty.--

14         (1)(a)  When a petition for shelter placement or a

15  petition for dependency has been filed or when a child has

16  been taken into custody and reasonable cause, as defined in

17  paragraph (b), exists, the court, upon the request of the

18  department, a law enforcement officer, the state attorney, the

19  guardian ad litem or legal counsel for the child, or other

20  responsible person, or upon its own motion, may shall have the

21  authority to issue an injunction to prevent any act of child

22  abuse or any unlawful sexual offense involving a child.

23         (b)  Reasonable cause for the issuance of an injunction

24  exists if there is evidence of child abuse or an unlawful

25  sexual offense involving a child or if there is a reasonable

26  likelihood of such abuse or offense occurring based upon a

27  recent overt act or failure to act.

28         (4)  A copy of any injunction issued pursuant to this

29  section shall be delivered to the protected party, or a parent

30  or caregiver or individual acting in the place of a parent who

31  is not the respondent, the child, the guardian ad litem or

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  1  legal counsel for the child, and to any law enforcement agency

  2  having jurisdiction to enforce such injunction. Upon delivery

  3  of the injunction to the appropriate law enforcement agency,

  4  the agency shall have the duty and responsibility to enforce

  5  the injunction.

  6         Section 14.  Section 39.505, Florida Statutes, is

  7  amended to read:

  8         39.505  No answer required.--No answer to the petition

  9  or any other pleading need be filed by any child, guardian ad

10  litem, parent, or legal custodian, but any matters that which

11  might be set forth in an answer or other pleading may be

12  pleaded orally before the court or filed in writing as any

13  such person may choose. Notwithstanding the filing of an

14  answer or any pleading, the respondent shall, prior to an

15  adjudicatory hearing, be advised by the court of the right to

16  counsel and shall be given an opportunity to deny the

17  allegations in the petition for dependency or to enter a plea

18  to allegations in the petition before the court.

19         Section 15.  Subsection (1) of section 39.510, Florida

20  Statutes, is amended to read:

21         39.510  Appeal.--

22         (1)  Any party to the proceeding who is affected by an

23  order of the court, who represents a party affected by an

24  order of the court, or the department may appeal to the

25  appropriate district court of appeal within the time and in

26  the manner prescribed by the Florida Rules of Appellate

27  Procedure. Appointed counsel shall be compensated as provided

28  in this chapter.

29         Section 16.  Paragraphs (a) and (d) of subsection (1),

30  paragraph (b) of subsection (5), and subsection (8) of section

31  39.521, Florida Statutes, are amended to read:

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  1         39.521  Disposition hearings; powers of disposition.--

  2         (1)  A disposition hearing shall be conducted by the

  3  court, if the court finds that the facts alleged in the

  4  petition for dependency were proven in the adjudicatory

  5  hearing, or if the parents or legal custodians have consented

  6  to the finding of dependency or admitted the allegations in

  7  the petition, have failed to appear for the arraignment

  8  hearing after proper notice, or have not been located despite

  9  a diligent search having been conducted.

10         (a)  A written case plan and a predisposition study

11  prepared by an authorized agent of the department must be

12  filed with the court and served upon the parents of the child,

13  provided to the child, representative of the guardian ad litem

14  or legal counsel for the child program, if the program has

15  been appointed, and provided to all other parties, not less

16  than 72 hours before the disposition hearing. All such case

17  plans must be approved by the court. If the court does not

18  approve the case plan at the disposition hearing, the court

19  must set a hearing within 30 days after the disposition

20  hearing to review and approve the case plan.

21         (d)  The court shall, in its written order of

22  disposition, include all of the following:

23         1.  The placement or custody of the child.

24         2.  Special conditions of placement and visitation.

25         3.  Evaluation, counseling, treatment activities, and

26  other actions to be taken by the parties, if ordered.

27         4.  The persons or entities responsible for supervising

28  or monitoring services to the child and parent.

29         5.  Continuation or discharge of the guardian ad litem

30  or legal counsel for the child, as appropriate. The guardian

31  ad litem or legal counsel for the child may not be discharged

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  1  pursuant to this section before termination of supervision by

  2  the department unless other legal representation is provided

  3  for the child.

  4         6.  The date, time, and location of the next scheduled

  5  review hearing, which must occur within the earlier of:

  6         a.  Ninety days after the disposition hearing;

  7         b.  Ninety days after the court accepts the case plan;

  8         c.  Six months after the date of the last review

  9  hearing; or

10         d.  Six months after the date of the child's removal

11  from his or her home, if no review hearing has been held since

12  the child's removal from the home.

13         7.  If the child is in an out-of-home placement, child

14  support to be paid by the parents, or the guardian of the

15  child's estate if possessed of assets which under law may be

16  disbursed for the care, support, and maintenance of the child.

17  The court may exercise jurisdiction over all child support

18  matters, shall adjudicate the financial obligation, including

19  health insurance, of the child's parents or guardian, and

20  shall enforce the financial obligation as provided in chapter

21  61. The state's child support enforcement agency shall enforce

22  child support orders under this section in the same manner as

23  child support orders under chapter 61.  Placement of the child

24  shall not be contingent upon issuance of a support order.

25         8.a.  If the court does not commit the child to the

26  temporary legal custody of an adult relative, legal custodian,

27  or other adult approved by the court, the disposition order

28  shall include the reasons for such a decision and shall

29  include a determination as to whether diligent efforts were

30  made by the department to locate an adult relative, legal

31  custodian, or other adult willing to care for the child in

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  1  order to present that placement option to the court instead of

  2  placement with the department.

  3         b.  If diligent efforts are made to locate an adult

  4  relative willing and able to care for the child but, because

  5  no suitable relative is found, the child is placed with the

  6  department or a legal custodian or other adult approved by the

  7  court, both the department and the court shall consider

  8  transferring temporary legal custody to an adult relative

  9  approved by the court at a later date, but neither the

10  department nor the court is obligated to so place the child if

11  it is in the child's best interest to remain in the current

12  placement.

13

14  For the purposes of this subparagraph, "diligent efforts to

15  locate an adult relative" means a search similar to the

16  diligent search for a parent, but without the continuing

17  obligation to search after an initial adequate search is

18  completed.

19         9.  Other requirements necessary to protect the health,

20  safety, and well-being of the child, to preserve the stability

21  of the child's educational placement, and to promote family

22  preservation or reunification whenever possible.

23         (5)

24         (b)  The results of the assessment described in

25  paragraph (a) and the actions taken as a result of the

26  assessment must be included in the next judicial review of the

27  child. At each subsequent judicial review, the court must be

28  advised in writing of the status of the child's placement,

29  with special reference regarding the stability of the

30  placement and the permanency planning for the child. A copy of

31  this report must be provided to the child and the child's

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  1  guardian ad litem or legal counsel prior to the judicial

  2  review.

  3         (8)  The court may enter an order ending its

  4  jurisdiction over a child when a child has been returned to

  5  the parents, except that provided the court may shall not

  6  terminate its jurisdiction or the department's supervision

  7  over the child until 6 months after the child's return. The

  8  court shall determine whether its jurisdiction should be

  9  continued or terminated in such a case based on a report of

10  the department or agency or the child's guardian ad litem or

11  based on testimony of the child, and any other relevant

12  factors; if its jurisdiction is to be terminated, the court

13  shall enter an order to that effect.

14         Section 17.  Paragraph (a) of subsection (2), paragraph

15  (d) of subsection (5), paragraphs (b) and (c) of subsection

16  (6), subsection (7), and paragraphs (a) and (d) of subsection

17  (8) of section 39.701, Florida Statutes, are amended to read:

18         39.701  Judicial review.--

19         (2)(a)  The court shall review the status of the child

20  and shall hold a hearing as provided in this part at least

21  every 6 months until the child reaches permanency status. The

22  court may dispense with the attendance of the child at the

23  hearing upon the child's request or based on the child's age,

24  capacity, or other condition, the court determines that the

25  child's attendance would be meaningless or emotionally

26  detrimental to the child. The court, but may not dispense with

27  the hearing or the presence of other parties to the review

28  unless before the review a hearing is held before a citizen

29  review panel.

30

31

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  1         (5)  Notice of a judicial review hearing or a citizen

  2  review panel hearing, and a copy of the motion for judicial

  3  review, if any, must be served by the clerk of the court upon:

  4         (d)  The child and guardian ad litem or legal counsel

  5  for the child, or the representative of the guardian ad litem

  6  program if the program has been appointed.

  7

  8  Service of notice is not required on any of the persons listed

  9  in paragraphs (a)-(f) if the person was present at the

10  previous hearing during which the date, time, and location of

11  the hearing was announced.

12         (6)

13         (b)  A copy of the social service agency's written

14  report and any the written report of the guardian ad litem

15  must be served on all parties whose whereabouts are known; to

16  the foster parents or legal custodians; and to the citizen

17  review panel, at least 72 hours before the judicial review

18  hearing or citizen review panel hearing. The requirement for

19  providing parents with a copy of the written report does not

20  apply to those parents who have voluntarily surrendered their

21  child for adoption or who have had their parental rights to

22  the child terminated.

23         (c)  In a case in which the child has been permanently

24  placed with the social service agency, the agency shall

25  furnish to the court a written report concerning the progress

26  being made to place the child for adoption. If the child

27  cannot be placed for adoption, a report on the progress made

28  by the child towards alternative permanency goals or

29  placements, including, but not limited to, guardianship,

30  long-term custody, long-term licensed custody, or independent

31  living, must be submitted to the court. The report must be

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  1  submitted to the court and all parties at least 72 hours

  2  before each scheduled judicial review.

  3         (7)  The court and any citizen review panel shall take

  4  into consideration the information contained in the social

  5  services study and investigation and all medical,

  6  psychological, and educational records that support the terms

  7  of the case plan; testimony by the social services agency, the

  8  parent, the foster parent or legal custodian, the child, the

  9  guardian ad litem if one has been appointed for the child, and

10  any other person deemed appropriate; and any relevant and

11  material evidence submitted to the court, including written

12  and oral reports to the extent of their probative value. These

13  reports and evidence may be received by the court in its

14  effort to determine the action to be taken with regard to the

15  child and may be relied upon to the extent of their probative

16  value, even though not competent in an adjudicatory hearing.

17  In its deliberations, the court and any citizen review panel

18  shall seek to determine:

19         (a)  If the parent was advised of the right to receive

20  assistance from any person or social service agency in the

21  preparation of the case plan.

22         (b)  If the parent has been advised of the right to

23  have counsel present at the judicial review or citizen review

24  hearings. If not so advised, the court or citizen review panel

25  shall advise the parent of such right.

26         (c)  If a guardian ad litem needs to be appointed for

27  the child in a case in which a guardian ad litem has not

28  previously been appointed, or if there is a need to continue a

29  guardian ad litem in a case in which a guardian ad litem has

30  been appointed, or if the child should be represented by legal

31  counsel.

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  1         (d)  The compliance or lack of compliance of all

  2  parties with applicable items of the case plan, including the

  3  parents' compliance with child support orders.

  4         (e)  The compliance or lack of compliance with a

  5  visitation contract between the parent and the social service

  6  agency for contact with the child, including the frequency,

  7  duration, and results of the parent-child visitation and the

  8  reason for any noncompliance.

  9         (f)  The compliance or lack of compliance of the parent

10  in meeting specified financial obligations pertaining to the

11  care of the child, including the reason for failure to comply

12  if such is the case.

13         (g)  The appropriateness of the child's current

14  placement, including whether the child is in a setting which

15  is as family-like and as close to the parent's home as

16  possible, consistent with the child's best interests and

17  special needs, and including maintaining stability in the

18  child's educational placement.

19         (h)  A projected date likely for the child's return

20  home or other permanent placement.

21         (i)  When appropriate, the basis for the unwillingness

22  or inability of the parent to become a party to a case plan.

23  The court and the citizen review panel shall determine if the

24  efforts of the social service agency to secure party

25  participation in a case plan were sufficient.

26         (8)(a)  Based upon the criteria set forth in subsection

27  (7) and the recommended order of the citizen review panel, if

28  any, the court shall determine whether or not the social

29  service agency shall initiate proceedings to have a child

30  declared a dependent child, return the child to the parent,

31  continue the child in out-of-home care for a specified period

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  1  of time, or initiate termination of parental rights

  2  proceedings for subsequent placement in an adoptive home. The

  3  court may also determine whether the current placement of the

  4  child is appropriate to protect the child's safety;

  5  well-being; and physical, mental, and emotional health.

  6  Modifications to the plan must be handled as prescribed in s.

  7  39.601. If the court finds that the prevention or

  8  reunification efforts of the department will allow the child

  9  to remain safely at home or be safely returned to the home,

10  the court shall allow the child to remain in or return to the

11  home after making a specific finding of fact that the reasons

12  for the creation of the case plan have been remedied to the

13  extent that the child's safety, well-being, and physical,

14  mental, and emotional health will not be endangered.

15         (d)  The court may extend the time limitation of the

16  case plan, or may modify the terms of the plan, based upon

17  information provided by the social service agency, the child,

18  and the guardian ad litem, if one has been appointed, the

19  parent or parents, and the foster parents or legal custodian,

20  and any other competent information on record demonstrating

21  the need for the amendment. If the court extends the time

22  limitation of the case plan, the court must make specific

23  findings concerning the frequency of past parent-child

24  visitation, if any, and the court may authorize the expansion

25  or restriction of future visitation. Modifications to the plan

26  must be handled as prescribed in s. 39.601. Any extension of a

27  case plan must comply with the time requirements and other

28  requirements specified by this chapter.

29         Section 18.  Paragraph (a) of subsection (3) and

30  subsections (5) and (7) of section 39.801, Florida Statutes,

31  are amended to read:

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  1         39.801  Procedures and jurisdiction; notice; service of

  2  process.--

  3         (3)  Before the court may terminate parental rights, in

  4  addition to the other requirements set forth in this part, the

  5  following requirements must be met:

  6         (a)  Notice of the date, time, and place of the

  7  advisory hearing for the petition to terminate parental rights

  8  and a copy of the petition must be personally served upon the

  9  following persons, specifically notifying them that a petition

10  has been filed:

11         1.  The parents of the child.

12         2.  The legal custodians of the child.

13         3.  If the parents who would be entitled to notice are

14  dead or unknown, a living relative of the child, unless upon

15  diligent search and inquiry no such relative can be found.

16         4.  Any person who has physical custody of the child.

17         5.  Any grandparent entitled to priority for adoption

18  under s. 63.0425.

19         6.  Any prospective parent who has been identified

20  under s. 39.503 or s. 39.803.

21         7.  The child and the guardian ad litem for the child

22  or the legal counsel for the child representative of the

23  guardian ad litem program, if the program has been appointed.

24

25  The document containing the notice to respond or appear must

26  contain, in type at least as large as the type in the balance

27  of the document, the following or substantially similar

28  language:  "FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY

29  HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL

30  RIGHTS OF THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON

31  THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS

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  1  A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION

  2  ATTACHED TO THIS NOTICE."

  3         (5)  All process and orders issued by the court must be

  4  served or executed as other process and orders of the circuit

  5  court and, in addition, may be served or executed by

  6  authorized agents of the department, or the guardian ad litem,

  7  or the child's legal counsel.

  8         (7)  A fee may not be paid for service of any process

  9  or other papers by an agent of the department, or the guardian

10  ad litem, or the child's legal counsel. If any process,

11  orders, or other papers are served or executed by any sheriff,

12  the sheriff's fees must be paid by the county.

13         Section 19.  Subsection (1) of section 39.802, Florida

14  Statutes, is amended to read:

15         39.802  Petition for termination of parental rights;

16  filing; elements.--

17         (1)  All proceedings seeking an adjudication to

18  terminate parental rights pursuant to this chapter must be

19  initiated by the filing of an original petition by the

20  department, the child, the guardian ad litem, legal counsel

21  for the child, or any other person who has knowledge of the

22  facts alleged or is informed of them and believes that they

23  are true.

24         Section 20.  Section 39.805, Florida Statutes, is

25  amended to read:

26         39.805  No answer required.--No answer to the petition

27  or any other pleading need be filed by any child, guardian ad

28  litem, or parent, but any matters that which might be set

29  forth in an answer or other pleading may be pleaded orally

30  before the court or filed in writing as any such person may

31  choose. Notwithstanding the filing of any answer or any

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  1  pleading, the child or parent shall, prior to the adjudicatory

  2  hearing, be advised by the court of the right to counsel and

  3  shall be given an opportunity to deny the allegations in the

  4  petition for termination of parental rights or to enter a plea

  5  to allegations in the petition before the court.

  6         Section 21.  Subsection (1) of section 39.806, Florida

  7  Statutes, is amended to read:

  8         39.806  Grounds for termination of parental rights.--

  9         (1)  The department, the child, the guardian ad litem,

10  legal counsel for the child, or any person who has knowledge

11  of the facts alleged or who is informed of those facts and

12  believes that they are true may petition for the termination

13  of parental rights under any of the following circumstances:

14         (a)  When the parent or parents have voluntarily

15  executed a written surrender of the child and consented to the

16  entry of an order giving custody of the child to the

17  department for subsequent adoption and the department is

18  willing to accept custody of the child.

19         1.  The surrender document must be executed before two

20  witnesses and a notary public or other person authorized to

21  take acknowledgments.

22         2.  The surrender and consent may be withdrawn after

23  acceptance by the department only after a finding by the court

24  that the surrender and consent were obtained by fraud or under

25  duress.

26         (b)  Abandonment as defined in s. 39.01(1) or when the

27  identity or location of the parent or parents is unknown and

28  cannot be ascertained by diligent search within 60 days.

29         (c)  When the parent or parents engaged in conduct

30  toward the child or toward other children that demonstrates

31  that the continuing involvement of the parent or parents in

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  1  the parent-child relationship threatens the life, safety,

  2  well-being, or physical, mental, or emotional health of the

  3  child irrespective of the provision of services. Provision of

  4  services may be evidenced by proof that services were provided

  5  through a previous plan or offered as a case plan from a child

  6  welfare agency.

  7         (d)  When the parent of a child is incarcerated in a

  8  state or federal correctional institution and either:

  9         1.  The period of time for which the parent is expected

10  to be incarcerated will constitute a substantial portion of

11  the period of time before the child will attain the age of 18

12  years;

13         2.  The incarcerated parent has been determined by the

14  court to be a violent career criminal as defined in s.

15  775.084, a habitual violent felony offender as defined in s.

16  775.084, or a sexual predator as defined in s. 775.21; has

17  been convicted of first degree or second degree murder in

18  violation of s. 782.04 or a sexual battery that constitutes a

19  capital, life, or first degree felony violation of s. 794.011;

20  or has been convicted of an offense in another jurisdiction

21  which is substantially similar to one of the offenses listed

22  in this paragraph.  As used in this section, the term

23  "substantially similar offense" means any offense that is

24  substantially similar in elements and penalties to one of

25  those listed in this subparagraph, and that is in violation of

26  a law of any other jurisdiction, whether that of another

27  state, the District of Columbia, the United States or any

28  possession or territory thereof, or any foreign jurisdiction;

29  or

30         3.  The court determines by clear and convincing

31  evidence that continuing the parental relationship with the

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  1  incarcerated parent would be harmful to the child and, for

  2  this reason, that termination of the parental rights of the

  3  incarcerated parent is in the best interest of the child.

  4         (e)  A petition for termination of parental rights may

  5  also be filed when a child has been adjudicated dependent, a

  6  case plan has been filed with the court, and the child

  7  continues to be abused, neglected, or abandoned by the

  8  parents. In this case, the failure of the parents to

  9  substantially comply for a period of 12 months after an

10  adjudication of the child as a dependent child or the child's

11  placement into shelter care, whichever came first, constitutes

12  evidence of continuing abuse, neglect, or abandonment unless

13  the failure to substantially comply with the case plan was due

14  either to the lack of financial resources of the parents or to

15  the failure of the department to make reasonable efforts to

16  reunify the parent and child. Such 12-month period may begin

17  to run only after the child's placement into shelter care or

18  the entry of a disposition order placing the custody of the

19  child with the department or a person other than the parent

20  and the approval by the court of a case plan with a goal of

21  reunification with the parent, whichever came first.

22         (f)  When the parent or parents engaged in egregious

23  conduct or had the opportunity and capability to prevent and

24  knowingly failed to prevent egregious conduct that threatens

25  the life, safety, or physical, mental, or emotional health of

26  the child or the child's sibling.

27         1.  As used in this subsection, the term "sibling"

28  means another child who resides with or is cared for by the

29  parent or parents regardless of whether the child is related

30  legally or by consanguinity.

31

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  1         2.  As used in this subsection, the term "egregious

  2  conduct" means abuse, abandonment, neglect, or any other

  3  conduct of the parent or parents that is deplorable, flagrant,

  4  or outrageous by a normal standard of conduct. Egregious

  5  conduct may include an act or omission that occurred only once

  6  but was of such intensity, magnitude, or severity as to

  7  endanger the life of the child.

  8         (g)  When the parent or parents have subjected the

  9  child to aggravated child abuse as defined in s. 827.03,

10  sexual battery or sexual abuse as defined in s. 39.01, or

11  chronic abuse.

12         (h)  When the parent or parents have committed murder

13  or voluntary manslaughter of another child, or a felony

14  assault that results in serious bodily injury to the child or

15  another child, or aided or abetted, attempted, conspired, or

16  solicited to commit such a murder or voluntary manslaughter or

17  felony assault.

18         (i)  When the parental rights of the parent to a

19  sibling have been terminated involuntarily.

20         Section 22.  Subsection (2) of section 39.807, Florida

21  Statutes, is amended to read:

22         39.807  Right to counsel; guardian ad litem.--

23         (2)(a)  The court shall appoint a guardian ad litem or

24  legal counsel to represent the best interest of the child in

25  any proceedings for termination of parental rights proceedings

26  and shall ascertain at each stage of the proceedings whether a

27  guardian ad litem or legal counsel has been appointed.

28         (b)  A guardian ad litem shall represent the best

29  interest of the child as provided in s. 39.8225.

30         (c)  Legal counsel for a child must be an attorney

31  appointed as provided in s. 39.8226.

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  1         (b)  The guardian ad litem has the following

  2  responsibilities:

  3         1.  To investigate the allegations of the petition and

  4  any subsequent matters arising in the case and, unless excused

  5  by the court, to file a written report. This report must

  6  include a statement of the wishes of the child and the

  7  recommendations of the guardian ad litem and must be provided

  8  to all parties and the court at least 72 hours before the

  9  disposition hearing.

10         2.  To be present at all court hearings unless excused

11  by the court.

12         3.  To represent the best interests of the child until

13  the jurisdiction of the court over the child terminates or

14  until excused by the court.

15         (d)(c)  A guardian ad litem is not required to post

16  bond but shall file an acceptance of the office.

17         (e)(d)  A guardian ad litem is entitled to receive

18  service of pleadings and papers as provided by the Florida

19  Rules of Juvenile Procedure.

20         (f)(e)  This subsection does not apply to any voluntary

21  relinquishment of parental rights proceeding.

22         Section 23.  Subsection (2) of section 39.808, Florida

23  Statutes, is amended to read:

24         39.808  Advisory hearing; pretrial status conference.--

25         (2)  At the hearing the court shall inform the parties

26  of their rights under s. 39.807, shall appoint counsel for the

27  parties in accordance with legal requirements, and shall

28  appoint a guardian ad litem or legal counsel to represent the

29  interests of the child if one has not already been appointed.

30         Section 24.  Subsections (10) and (11) of section

31  39.810, Florida Statutes, are amended to read:

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  1         39.810  Manifest best interests of the child.--In a

  2  hearing on a petition for termination of parental rights, the

  3  court shall consider the manifest best interests of the child.

  4  This consideration shall not include a comparison between the

  5  attributes of the parents and those of any persons providing a

  6  present or potential placement for the child. For the purpose

  7  of determining the manifest best interests of the child, the

  8  court shall consider and evaluate all relevant factors,

  9  including, but not limited to:

10         (10)  The expressed interests reasonable preferences

11  and wishes of the child, if the court deems the child to be of

12  sufficient intelligence, understanding, and experience to

13  express a preference.

14         (11)  Any The recommendations for the child provided by

15  the child's guardian ad litem or legal representative.

16         Section 25.  Subsections (1) and (9) of section 39.811,

17  Florida Statutes, are amended to read:

18         39.811  Powers of disposition; order of disposition.--

19         (1)  If the court finds that the grounds for

20  termination of parental rights have not been established by

21  clear and convincing evidence, the court shall:

22         (a)  If grounds for dependency have been established,

23  adjudicate or readjudicate the child dependent and:

24         1.  Enter an order placing or continuing the child in

25  out-of-home care under a case plan; or

26         2.  Enter an order returning the child to the parent or

27  parents. The court shall retain jurisdiction over a child

28  returned to the parent or parents for a period of 6 months,

29  but, at that time, based on a report of the social service

30  agency, information provided by the child and the guardian ad

31  litem, if appointed, and any other relevant factors, the court

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  1  shall make a determination as to whether its jurisdiction

  2  shall continue or be terminated.

  3         (b)  If grounds for dependency have not been

  4  established, dismiss the petition.

  5         (9)  After termination of parental rights, the court

  6  shall retain jurisdiction over any child for whom custody is

  7  given to a social service agency until the child is adopted.

  8  The court shall review the status of the child's placement and

  9  the progress being made toward permanent adoptive placement.

10  As part of this continuing jurisdiction, for good cause shown

11  by the guardian ad litem for the child or by the child, the

12  court may review the appropriateness of the adoptive placement

13  of the child.

14         Section 26.  Section 39.820, Florida Statutes, is

15  amended to read:

16         39.820  Definitions.--As used in the Florida Statutes

17  this part, the term:

18         (1)  "Guardian ad litem" as referred to in any civil or

19  criminal proceeding includes the following: a circuit office

20  of public advocacy certified guardian ad litem program, a duly

21  certified volunteer guardian ad litem, a staff attorney or,

22  contract attorney, or certified pro bono attorney working on

23  behalf of a guardian ad litem or the program; staff members of

24  an a program office; a court-appointed attorney; or a

25  responsible adult who is appointed by the court to represent

26  the best interests of a child in a proceeding as provided for

27  by law, including, but not limited to, this chapter, who is a

28  party to any judicial proceeding as a representative of the

29  child, and who serves until discharged by the court.

30

31

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  1         (2)  "Guardian advocate" means a person appointed by

  2  the court to act on behalf of a drug dependent newborn

  3  pursuant to the provisions of this part.

  4         Section 27.  Section 39.821, Florida Statutes, is

  5  amended to read:

  6         39.821  Qualifications of guardians ad litem.--

  7         (1)  Because of the special trust or responsibility

  8  placed in a guardian ad litem and the staff of offices of

  9  public advocacy, the Office of Public Advocacy Guardian Ad

10  Litem Program may use any private funds collected by the

11  program, or any state funds so designated, to conduct a

12  security background investigation before certifying a

13  volunteer or staff member to serve. A security background

14  investigation must include, but need not be limited to,

15  employment history checks, checks of references, local

16  criminal records checks through local law enforcement

17  agencies, and statewide criminal records checks through the

18  Department of Law Enforcement. Upon request, an employer shall

19  furnish a copy of the personnel record for the employee or

20  former employee who is the subject of a security background

21  investigation conducted under this section. The information

22  contained in the personnel record may include, but need not be

23  limited to, disciplinary matters and the reason why the

24  employee was terminated from employment. An employer who

25  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

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  1  a circuit office of public advocacy if the person has been

  2  convicted of, regardless of adjudication, or entered a plea of

  3  nolo contendere or guilty to, any offense prohibited under the

  4  provisions of the Florida Statutes specified in s. 435.04(2)

  5  or under any similar law in another jurisdiction. Before

  6  certifying an applicant to serve as a guardian ad litem or as

  7  a staff member of an office of public advocacy, the head of a

  8  circuit office of public advocacy or the director of the

  9  Office of Public Advocacy chief judge of the circuit court may

10  request a federal criminal records check of the applicant

11  through the Federal Bureau of Investigation. In analyzing and

12  evaluating the information obtained in the security background

13  investigation, the office program must give particular

14  emphasis to past activities involving children, including, but

15  not limited to, child-related criminal offenses or child

16  abuse. The office program has the sole discretion in

17  determining whether to certify a person based on his or her

18  security background investigation. The information collected

19  pursuant to the security background investigation is

20  confidential and exempt from s. 119.07(1).

21         (2)  This section does not apply to a certified

22  guardian ad litem who was certified before October 1, 1995, an

23  attorney who is a member in good standing of The Florida Bar,

24  or a licensed professional who has undergone a comparable

25  security background investigation as a condition of licensure

26  within 5 years before of applying for certification as a

27  guardian ad litem or as a staff member of an office of public

28  advocacy.

29         (3)  It is a misdemeanor of the first degree,

30  punishable as provided in s. 775.082 or s. 775.083, for any

31  person to willfully, knowingly, or intentionally fail, by

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  1  false statement, misrepresentation, impersonation, or other

  2  fraudulent means, to disclose in any application for a

  3  volunteer position or for paid employment with an office of

  4  public advocacy the Guardian Ad Litem Program, any material

  5  fact used in making a determination as to the applicant's

  6  qualifications for such position.

  7         Section 28.  Section 39.822, Florida Statutes, is

  8  amended to read:

  9         39.822  Appointment of guardian ad litem for abused,

10  abandoned, or neglected child.--

11         (1)  A guardian ad litem for a child must be an

12  individual certified by an office of public advocacy or be an

13  attorney who is a member in good standing of The Florida Bar.

14  Before certifying a guardian ad litem to be appointed under

15  this chapter, the Office of Public Advocacy shall conduct a

16  security background investigation as provided in s. 39.821.

17  Upon completing the background investigation of a person known

18  to the child and whom the court has approved to serve as

19  guardian ad litem for the case, the circuit office of public

20  advocacy may certify an individual to serve as guardian ad

21  litem for the specified case without completing all other

22  requirements to become a certified guardian ad litem. A

23  guardian ad litem certified for the limited representation in

24  a case must be represented by legal counsel. shall be

25  appointed by the court at the earliest possible time to

26  represent the child in any child abuse, abandonment, or

27  neglect judicial proceeding, whether civil or criminal. Any

28  person participating in a civil or criminal judicial

29  proceeding resulting from such appointment shall be presumed

30  prima facie to be acting in good faith and in so doing shall

31

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  1  be immune from any liability, civil or criminal, that

  2  otherwise might be incurred or imposed.

  3         (2)  In those cases in which the parents are

  4  financially able, the parent or parents of the child shall

  5  reimburse the court, in part or in whole, for the cost of

  6  provision of guardian ad litem services.  Reimbursement to the

  7  individual providing guardian ad litem services shall not be

  8  contingent upon successful collection by the court from the

  9  parent or parents.

10         (3)  The guardian ad litem or the program

11  representative shall review all disposition recommendations

12  and changes in placements, and must be present at all critical

13  stages of the dependency proceeding or submit a written report

14  of recommendations to the court. Written reports must be filed

15  with the court and served on all parties whose whereabouts are

16  known at least 72 hours prior to the hearing.

17         Section 29.  Section 39.8225, Florida Statutes, is

18  created to read:

19         39.8225  Guardians ad litem; powers, duties, and

20  authority.--

21         (1)  A guardian ad litem shall act in the child's best

22  interest, advocate for the child, and take appropriate action

23  to protect the best interest of the child.

24         (2)  In an action brought pursuant to the Florida Rules

25  of Civil Procedure, the guardian ad litem shall represent the

26  best interest of the child as is appropriate to the legal

27  action in which the guardian ad litem is appointed. The

28  guardian ad litem shall be an advocate for the child in the

29  litigation and take appropriate action to protect the "best

30  interest" of the child. The guardian ad litem must be

31  represented by an attorney.

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  1         (3)  In an action brought pursuant to the Florida Rules

  2  of Juvenile Procedure or the Florida Family Law Rules, the

  3  guardian ad litem shall represent the "best interest" of the

  4  child after investigating the allegations in the pleadings and

  5  the needs of the child, after discussing the allegations with

  6  the child and legal counsel, and after giving significant

  7  weight to the expressed interests of the child.

  8         (4)  The guardian ad litem shall investigate the

  9  allegations in the pleadings and the needs of the child for

10  the case and, in accordance with the court appointment, the

11  guardian ad litem in his or her investigation shall:

12         (a)  Visit and where possible discuss the case with the

13  child.

14         (b)  Where appropriate for the representation, observe

15  the child's interactions with parents, siblings, or foster

16  parents; observe the child's family placement or proposed

17  permanent placement when there is one; and, for a young child,

18  observe his or her socialization skills at school or other

19  care facilities.

20         (c)  Conduct interviews related to issues in the case,

21  including, where appropriate for the representation, an

22  interview with the child's parent, guardian, custodian,

23  teacher, or foster family; medical professionals treating or

24  evaluating the child; other caretakers or proposed adoptive

25  parents; staff members of the Department of Children and

26  Family Services or the Department of Juvenile Justice; law

27  enforcement personnel who are involved in the case; and any

28  other person whom the guardian ad litem and the attorney

29  determines appropriate.

30         (d)  Obtain the legal, social, medical, or

31  psychological reports relevant to understanding the facts of

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  1  the case and the status and conditions of the child and other

  2  participants in the proceeding.

  3         (5)  The guardian ad litem and the attorney shall

  4  consult with the child before any hearing, court appearance,

  5  or other proceeding. If the child is of an age and

  6  intelligence to understand, the proceeding must be explained

  7  to the child in language appropriate to the child's age,

  8  education, and comprehension ability, and the child shall be

  9  offered the opportunity to attend the proceeding.

10         (6)  Before each hearing, the guardian ad litem shall

11  prepare a report containing information on all observations,

12  documentation obtained, and factual information the guardian

13  ad litem determines that the court should have in order to

14  make a best-interest determination for the child regarding the

15  issues before the court. The report must be presented to,

16  discussed with, and reviewed by the attorney retained by the

17  guardian ad litem or assigned to the case, and discussed with

18  the child to the extent the child can understand the

19  information contained in the report. If a circuit office of

20  public advocacy is providing representation, the report may be

21  discussed with other representatives of the office, as

22  required by office procedures. After reviewing the report and

23  consulting with the child and, where appropriate, with other

24  staff members of the circuit office of public advocacy, the

25  attorney and the guardian ad litem shall determine the best

26  manner in which to provide the court with all information

27  necessary for the court to know the child, know the expressed

28  interests of the child, and determine what is in the best

29  interest of the child.

30         (7)  The guardian ad litem must be prepared to present

31  the court with a recommendation as to the best interest of the

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  1  child based on what the child would want if he or she could,

  2  using adult judgment and knowledge, evaluate the available

  3  information and make a request to the court.

  4         (8)  The guardian ad litem may claim attorney-client

  5  privilege on behalf of the child. If the guardian ad litem or

  6  the child is called as a witness in the case, either party may

  7  claim the privilege with respect to conversations between the

  8  guardian ad litem and the child. However, the child may not

  9  claim an attorney-client privilege concerning matters that the

10  guardian ad litem determines are necessary for the court to

11  determine the best interest of the child with respect to the

12  safety and well-being of the child.

13         (9)  The guardian ad litem, through counsel, may

14  petition the court for an order directed to a specified

15  person, agency, or organization, including, but not limited

16  to, a hospital, medical doctor, dentist, psychologist, or

17  psychiatrist, which order directs that the guardian ad litem

18  be allowed to inspect and copy any records or documents that

19  relate to the minor child, the child's parent or other

20  custodial person, or any household member with whom the child

21  resides. The order shall be obtained only after notice to all

22  parties and a hearing thereon.

23         (10)  The guardian ad litem, through counsel, may

24  request the court to order an expert examination of the child,

25  the child's parent, or any other interested party by a medical

26  doctor, dentist, or other health care provider, including a

27  psychiatrist, psychologist, or other mental health

28  professional.

29         (11)  The guardian ad litem may file a written report

30  that may include recommendations and a statement of the

31  expressed interests of the child. The report must be filed and

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  1  served on all parties at least 20 days before the hearing at

  2  which it will be presented, unless the court waives the time

  3  limit. The guardian ad litem must be provided with copies of

  4  all pleadings, notices, and other documents filed in the

  5  action and is entitled to reasonable notice before any action

  6  affecting the child is taken by any of the parties, their

  7  counsel, or the court.

  8         (12)  A guardian ad litem, acting through counsel,

  9  shall actively file any pleadings, motions, or petitions for

10  relief that the guardian ad litem deems appropriate or

11  necessary in furtherance of the guardian's representation of

12  the child. The guardian ad litem, through counsel, is entitled

13  to be present and to participate in all depositions, hearings,

14  and other proceedings in the action, and, through counsel, may

15  compel the attendance of witnesses.

16         (13)  The duties and rights of a nonattorney guardian

17  ad litem does not include the right to practice law.

18         (14)  The guardian ad litem shall submit his or her

19  report to the court, if a report is to be submitted, regarding

20  any stipulation or agreement, whether incidental, temporary,

21  or permanent, which affects the interest or welfare of the

22  minor child, within 10 days after the date the stipulation or

23  agreement is served upon the guardian ad litem.

24         Section 30.  Section 39.8226, Florida Statutes, is

25  created to read:

26         39.8226  Legal counsel for a child.--

27         (1)  The court shall appoint counsel to represent the

28  interests of a child in any delinquency proceeding.

29         (2)  The court may appoint counsel to represent the

30  interest of a child, rather than a guardian ad litem, in any

31  other case related to the child if the court determines that

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  1  the child is of an age and maturity to participate in his or

  2  her representation and the child or the child's parents or

  3  guardian can pay for the representation.

  4         (3)(a)  If a circuit office of public advocacy has been

  5  appointed to represent the child, the court may appoint

  6  counsel to represent the interest of a child, rather than a

  7  guardian ad litem, only if the court finds that the child is

  8  of an age and maturity to participate in his or her

  9  representation and if the expressed interests of the child and

10  the best-interest representation by the guardian ad litem do

11  not coincide or the complexity of the pending case or other

12  legal actions suggest that representation for the child is

13  appropriate.

14         (b)  If the guardian ad litem's best-interest

15  representation and the expressed interests of the child do not

16  coincide, the director of the circuit office of public

17  advocacy must interview the child and provide an independent

18  report to the court regarding representation of the child. The

19  report must address whether the child wants independent

20  counsel and whether the child wants the guardian ad litem to

21  continue to represent the best interest of the child in some

22  or all issues, including issues in a case in which independent

23  counsel has been appointed.

24         (4)  Upon petition of the office of public advocacy,

25  the court may appoint independent counsel to represent the

26  child in collateral issues if the office does not have the

27  expertise to provide appropriate representation. The petition

28  must address whether the guardian ad litem will continue to

29  represent the best interest of the child in any or all

30  proceedings.

31

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  1         Section 31.  Subsection (8) of section 40.24, Florida

  2  Statutes, is amended to read:

  3         40.24  Compensation and reimbursement policy.--

  4         (8)  In circuits that elect to allow jurors to donate

  5  their jury service fee upon conclusion of juror service, each

  6  juror may irrevocably donate all of the juror's compensation

  7  to the 26 U.S.C. s. 501(c)(3) organization specified by the

  8  circuit office of public advocacy guardian ad litem program or

  9  to a domestic violence shelter as specified annually on a

10  rotating basis by the clerk of court in the circuit for the

11  juror's county of residence. The funds collected may not

12  reduce or offset the amount of compensation that the guardian

13  ad litem program or domestic violence shelter would otherwise

14  receive from the state. The clerk of court shall ensure that

15  all jurors are given written notice at the conclusion of their

16  service that they have the option to so donate their

17  compensation, and that the applicable program specified by the

18  guardian ad litem program or a domestic violence shelter

19  receives all funds donated by the jurors.  Any guardian ad

20  litem program receiving donations of juror compensation must

21  expend such moneys on services for children for whom guardians

22  ad litem have been appointed.

23         Section 32.  Subsection (1) of section 48.041, Florida

24  Statutes, is amended to read:

25         48.041  Service on minor.--

26         (1)  Process against a minor who has never been married

27  shall be served:

28         (a)  By serving a parent or guardian of the minor as

29  provided for in s. 48.031 or, when there is a legal guardian

30  appointed for the minor, by serving the guardian as provided

31  for in s. 48.031.

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  1         (b)  By serving the guardian ad litem or other person,

  2  if one is appointed by the court to represent the minor.

  3  Service on the guardian ad litem is unnecessary when he or she

  4  appears voluntarily or when the court orders the appearance

  5  without service of process on him or her.

  6         (c)  By serving the minor through the minor's attorney

  7  of record.

  8         Section 33.  Subsection (1) of section 48.042, Florida

  9  Statutes, is amended to read:

10         48.042  Service on incompetent.--

11         (1)  Process against an incompetent shall be served:

12         (a)  By serving two copies of the process to the person

13  who has care or custody of the incompetent or, when there is a

14  legal guardian appointed for the incompetent, by serving the

15  guardian as provided in s. 48.031.

16         (b)  By serving the guardian ad litem or other person,

17  if one is appointed by the court to represent the incompetent.

18  Service on the guardian ad litem is unnecessary when he or she

19  appears voluntarily or when the court orders the appearance

20  without service of process on him or her.

21         (c)  By serving a minor through the minor's attorney of

22  record.

23         Section 34.  Section 61.401, Florida Statutes, is

24  amended to read:

25         61.401  Appointment of guardian ad litem.--In an action

26  for dissolution of marriage, modification, parental

27  responsibility, custody, or visitation, if the court finds it

28  is in the best interest of the child, the court may appoint a

29  guardian ad litem for the child to act as next friend of the

30  child, investigator or evaluator, not as attorney or advocate.

31  The court in its discretion may also appoint legal counsel for

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  1  a child to act as attorney or advocate if the court determines

  2  that the child is of an age, maturity, and intelligence to

  3  participate in his or her representation.; however, The

  4  guardian ad litem and the legal counsel may shall not be the

  5  same person. In any action that involves such actions which

  6  involve an allegation of child abuse, abandonment, or neglect

  7  as defined in s. 39.01, which allegation is verified and

  8  determined by the court to be well-founded, the court shall

  9  appoint a guardian ad litem or legal counsel for the child.

10  The guardian ad litem and the child shall be a party to any

11  judicial proceeding on or after from the date the court

12  determines it is in the best interest of the child for the

13  child to have a guardian ad litem or legal counsel of the

14  appointment until the date the guardian ad litem or legal

15  counsel is discharged of discharge.

16         Section 35.  Sections 61.402 and 61.403, Florida

17  Statutes, are repealed.

18         Section 36.  Section 61.404, Florida Statutes, is

19  amended to read:

20         61.404  Guardians ad litem; confidentiality.--The

21  guardian ad litem shall maintain as confidential all

22  information and documents received from any source described

23  in s. 39.8225(9) s. 61.403(2) and may not disclose such

24  information or documents except, in the guardian ad litem's

25  discretion, in a report to the court, served upon both parties

26  to the action and their counsel or as directed by the court.

27         Section 37.  Subsection (7) of section 63.0423, Florida

28  Statutes, is amended to read:

29         63.0423  Procedures with respect to abandoned

30  newborns.--

31

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  1         (7)  If a claim of parental rights of a newborn infant

  2  is made before the judgment to terminate parental rights is

  3  entered, the circuit court shall hold the action for

  4  termination of parental rights pending subsequent adoption in

  5  abeyance for a period of time not to exceed 60 days.

  6         (a)  The court shall order scientific testing to

  7  determine maternity or paternity at the expense of the parent

  8  claiming parental rights unless maternity or paternity has

  9  been previously established legally or by scientific testing.

10         (b)  The court may appoint a guardian ad litem for the

11  newborn infant and the guardian ad litem shall be a party to

12  the action. The court may order whatever investigation, home

13  evaluation, and psychological evaluation are necessary to

14  determine what is in the best interest of the newborn infant.

15         (c)  The court may not terminate parental rights solely

16  on the basis that the parent left a newborn infant at a

17  hospital, emergency medical services station, or fire station

18  in accordance with s. 383.50.

19         (d)  The court shall enter a judgment with written

20  findings of fact and conclusions of law.

21         Section 38.  Section 63.0427, Florida Statutes, is

22  amended to read:

23         63.0427  Adopted minor's right to continued

24  communication or contact with siblings.--

25         (1)  A child whose parents have had their parental

26  rights terminated and whose custody has been awarded to the

27  department pursuant to s. 39.811, and who is the subject of a

28  petition for adoption under this chapter, shall have the right

29  to have the court consider the appropriateness of postadoption

30  communication or contact, including, but not limited to,

31  visits, letters and cards, or telephone calls, with his or her

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  1  siblings or, upon agreement of the adoptive parents, other

  2  specified biological relatives who are not included in the

  3  petition for adoption.  The court shall determine if the best

  4  interests of the child support such continued communication or

  5  contact and shall consider the following in making such

  6  determination:

  7         (a)  Any orders of the court pursuant to s. 39.811(7).

  8         (b)  The expressed interests of the child, if any.

  9         (c)(b)  Recommendations of the department, the foster

10  parents if other than the adoptive parents, and the guardian

11  ad litem.

12         (d)(c)  Statements of prospective adoptive parents.

13         (e)(d)  Any other information deemed relevant and

14  material by the court.

15

16  If the court determines that the child's best interests will

17  be served by postadoption communication or contact with any

18  sibling or, upon agreement of the adoptive parents, other

19  specified biological relatives, the court shall so order,

20  stating the nature and frequency for the communication or

21  contact. This order shall be made a part of the final adoption

22  order, but in no event shall continuing validity of the

23  adoption be contingent upon such postadoption communication or

24  contact, nor shall the ability of the adoptive parents and

25  child to change residence within or outside the State of

26  Florida be impaired by such communication or contact.

27         (2)  Notwithstanding the provisions of s. 63.162, the

28  adoptive parent may petition for review at any time of a

29  sibling's or other specified biological relatives'

30  communication or contact ordered pursuant to subsection (1),

31  if the adoptive parent believes that the best interests of the

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  1  adopted child are being compromised, and the court shall have

  2  authority to order the communication or contact to be

  3  terminated, or to order such conditions in regard to

  4  communication or contact as the court deems to be in the best

  5  interests of the adopted child.  As part of the review

  6  process, the court shall consider any expressed interest of

  7  the child, if any, and the court may order the parties to

  8  engage in mediation.  The department need shall not be

  9  required to be a party to such review.

10         Section 39.  Paragraph (a) of subsection (6) of section

11  215.5601, Florida Statutes, is amended to read:

12         215.5601  Lawton Chiles Endowment Fund.--

13         (6)  ADVISORY COUNCIL.--The Lawton Chiles Endowment

14  Fund Advisory Council is established for the purpose of

15  reviewing the funding priorities of the state agencies,

16  evaluating their requests against the mission and goals of the

17  agencies and legislative intent for the use of endowment

18  funds, and allowing for public input and advocacy.

19         (a)  The advisory council shall consist of 15 members,

20  including:

21         1.  The director of the United Way of Florida, Inc., or

22  his or her designee;

23         2.  The director of the Foster Parents Association, or

24  his or her designee;

25         3.  The chair of the Department of Elderly Affairs

26  Advisory Council, or his or her designee;

27         4.  The president of the Florida Association of Area

28  Agencies on Aging, or his or her designee;

29         5.  The State Long-Term Care Ombudsman, or his or her

30  designee;

31

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  1         6.  The state director of the Florida AARP, or his or

  2  her designee;

  3         7.  The director of the Florida Pediatric Society, or

  4  his or her designee;

  5         8.  The director of the Office of Public Advocacy A

  6  representative of the Guardian Ad Litem Program, appointed by

  7  the Governor;

  8         9.  A representative of a child welfare lead agency for

  9  community-based care, appointed by the Governor;

10         10.  A representative of an elder care lead agency for

11  community-based care, appointed by the Governor;

12         11.  A representative of a statewide child advocacy

13  organization, appointed by the Governor;

14         12.  One consumer caregiver for children, appointed by

15  the Governor;

16         13.  One person over the age of 60 years to represent

17  the interests of elders, appointed by the Governor;

18         14.  One person under the age of 18 years to represent

19  the interests of children, appointed by the Governor; and

20         15.  One consumer caregiver for a functionally impaired

21  elderly person, appointed by the Governor.

22         Section 40.  Paragraph (c) of subsection (3) of section

23  228.093, Florida Statutes, is amended to read:

24         228.093  Pupil and student records and reports; rights

25  of parents, guardians, pupils, and students; notification;

26  penalty.--

27         (3)  RIGHTS OF PARENT, GUARDIAN, PUPIL, OR

28  STUDENT.--The parent or guardian of any pupil or student who

29  attends or has attended any public school, area

30  vocational-technical training center, community college, or

31  institution of higher education in the State University System

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  1  shall have the following rights with respect to any records or

  2  reports created, maintained, and used by any public

  3  educational institution in the state.  However, whenever a

  4  pupil or student has attained 18 years of age, or is attending

  5  an institution of postsecondary education, the permission or

  6  consent required of, and the rights accorded to, the parents

  7  of the pupil or student shall thereafter be required of and

  8  accorded to the pupil or student only, unless the pupil or

  9  student is a dependent pupil or student of such parents as

10  defined in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue

11  Code of 1954). The State Board of Education shall formulate,

12  adopt, and promulgate rules whereby parents, guardians,

13  pupils, or students may exercise these rights:

14         (c)  Right to challenge and hearing.--Such parent,

15  guardian, pupil, or student may shall have the right to

16  challenge the content of any record or report to which such

17  person is granted access under paragraph (a), in order to

18  ensure that the record or report is not inaccurate,

19  misleading, or otherwise in violation of the privacy or other

20  rights of the pupil or student and to provide an opportunity

21  for the correction, deletion, or expunction of any inaccurate,

22  misleading, or otherwise inappropriate data or material

23  contained therein. In addition, a court-appointed guardian ad

24  litem for a child may challenge the content of the record or

25  report on behalf of the child. Any challenge arising under the

26  provisions of this paragraph may be settled through informal

27  meetings or discussions between the parent, guardian, pupil,

28  or student and appropriate officials of the educational

29  institution. If the parties at such a meeting agree to make

30  corrections, to make deletions, to expunge material, or to add

31  a statement of explanation or rebuttal to the file, such

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  1  agreement shall be reduced to writing and signed by the

  2  parties; and the appropriate school officials shall take the

  3  necessary actions to implement the agreement.  If the parties

  4  cannot reach an agreement, upon the request of either party, a

  5  hearing shall be held on such challenge under rules

  6  promulgated by the State Board of Education. Upon the request

  7  of the parent, guardian, pupil, or student, the hearing shall

  8  be exempt from the requirements of s. 286.011.  Such rules

  9  shall include at least the following provisions:

10         1.  The hearing shall be conducted within a reasonable

11  period of time following the request for the hearing.

12         2.  The hearing shall be conducted, and the decision

13  rendered, by an official of the educational institution or

14  other party who does not have a direct interest in the outcome

15  of the hearing.

16         3.  The parent, guardian, pupil, or student shall be

17  afforded a full and fair opportunity to present evidence

18  relevant to the issues raised under this paragraph.

19         4.  The decision shall be rendered in writing within a

20  reasonable period of time after the conclusion of the hearing.

21         5.  The appropriate school officials shall take the

22  necessary actions to implement the decision.

23         Section 41.  Paragraph (d) is added to subsection (4)

24  of section 384.27, Florida Statutes, to read:

25         384.27  Physical examination and treatment.--

26         (4)  No order requiring a person to be examined or

27  treated for a sexually transmissible disease shall be issued

28  unless:

29         (d)  The court has appointed a guardian ad litem for a

30  minor child for whom the court finds there is not a parent,

31  guardian, or other caregiver to represent the interest of the

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  1  minor child and the child is not of sufficient age and

  2  maturity to participate in his or her representation.

  3         Section 42.  Subsection (3) of section 393.065, Florida

  4  Statutes, is amended to read:

  5         393.065  Application and eligibility determination.--

  6         (3)  The department shall notify each applicant, in

  7  writing, of its eligibility decision. Any applicant determined

  8  by the department to be ineligible for developmental services

  9  shall have the right to appeal this decision pursuant to ss.

10  120.569 and 120.57. A court-appointed guardian ad litem may

11  appeal on behalf of a minor child seeking services.

12         Section 43.  Section 393.0651, Florida Statutes, is

13  amended to read:

14         393.0651  Family or individual support plan.--The

15  department shall provide for an appropriate family support

16  plan for children ages birth to 18 years of age and an

17  individual support plan for each client. The parent or

18  guardian of the client or, if competent, the client, or, when

19  appropriate, the client advocate who may be a court-appointed

20  guardian ad litem, shall be consulted in the development of

21  the plan and shall receive a copy of the plan. Each plan shall

22  include the most appropriate, least restrictive, and most

23  cost-beneficial environment for accomplishment of the

24  objectives for client progress and a specification of all

25  services authorized. The plan shall include provisions for the

26  most appropriate level of care for the client. Within the

27  specification of needs and services for each client, when

28  residential care is necessary, the department shall move

29  toward placement of clients in residential facilities based

30  within the client's community. The ultimate goal of each plan,

31  whenever possible, shall be to enable the client to live a

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  1  dignified life in the least restrictive setting, be that in

  2  the home or in the community. For children under 6 years of

  3  age, the family support plan shall be developed within the

  4  45-day application period as specified in s. 393.065(1); for

  5  all applicants 6 years of age or older, the family or

  6  individual support plan shall be developed within the 60-day

  7  period as specified in that subsection.

  8         (1)  The department shall develop and specify by rule

  9  the core components of support plans to be used by each

10  district.

11         (2)(a)  The family or individual support plan shall be

12  integrated with the individual education plan (IEP) for all

13  clients who are public school students entitled to a free

14  appropriate public education under the Individuals with

15  Disabilities Education Act, I.D.E.A., as amended. The family

16  or individual support plan and IEP shall be implemented to

17  maximize the attainment of educational and habilitation goals.

18  If the IEP for a student enrolled in a public school program

19  indicates placement in a public or private residential program

20  is necessary to provide special education and related services

21  to a client, the local education agency shall provide for the

22  costs of that service in accordance with the requirements of

23  the Individuals with Disabilities Education Act, I.D.E.A., as

24  amended. This shall not preclude local education agencies and

25  the department from sharing the residential service costs of

26  students who are clients and require residential placement.

27  Under no circumstances shall clients entitled to a public

28  education or their parents be assessed a fee by the department

29  under s. 402.33 for placement in a residential program.

30         (b)  For clients who are entering or exiting the school

31  system, an interdepartmental staffing team composed of

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  1  representatives of the department and the local school system

  2  shall develop a written transitional living and training plan

  3  with the participation of the client or with the parent or

  4  guardian of the client, or the client advocate or guardian ad

  5  litem, as appropriate.

  6         (3)  Each family or individual support plan shall be

  7  facilitated through case management designed solely to advance

  8  the individual needs of the client.

  9         (4)  In the development of the family or individual

10  support plan, a client advocate may be appointed by the

11  support planning team for a client who is a minor or for a

12  client who is not capable of express and informed consent

13  when:

14         (a)  The parent or guardian cannot be identified;

15         (b)  The whereabouts of the parent or guardian cannot

16  be discovered; or

17         (c)  The state is the only legal representative of the

18  client.

19

20  Such appointment shall not be construed to extend the powers

21  of the client advocate to include any of those powers

22  delegated by law to a legal guardian.

23         (5)  If there is a court-appointed guardian ad litem

24  for a child, the guardian ad litem may be appointed as the

25  client advocate for the child.

26         (6)(5)  The department shall place a client in the most

27  appropriate and least restrictive, and cost-beneficial,

28  residential facility according to his or her individual

29  habilitation plan. The parent or guardian of the client or, if

30  competent, the client, or, when appropriate, the client

31  advocate, and the administrator of the residential facility to

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  1  which placement is proposed shall be consulted in determining

  2  the appropriate placement for the client. Considerations for

  3  placement shall be made in the following order:

  4         (a)  Client's own home or the home of a family member

  5  or direct service provider.

  6         (b)  Foster care facility.

  7         (c)  Group home facility.

  8         (d)  Intermediate care facility for the developmentally

  9  disabled.

10         (e)  Other facilities licensed by the department which

11  offer special programs for people with developmental

12  disabilities.

13         (f)  Developmental services institution.

14         (7)(6)  In developing a client's annual family or

15  individual support plan, the individual or family with the

16  assistance of the support planning team shall identify

17  measurable objectives for client progress and shall specify a

18  time period expected for achievement of each objective.

19         (8)(7)  The individual, family, and support coordinator

20  shall review progress in achieving the objectives specified in

21  each client's family or individual support plan, and shall

22  revise the plan annually, following consultation with the

23  client, if competent, or with the parent or guardian of the

24  client, or, when appropriate, the client advocate. The

25  department shall annually report in writing to the client, if

26  competent, or to the parent or guardian of the client, or to

27  the client advocate, when appropriate, with respect to the

28  client's habilitative and medical progress.

29         (9)(8)  Any client, or any parent of a minor client, or

30  guardian, authorized guardian advocate, or client advocate for

31  a client, who is substantially affected by the client's

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  1  initial family or individual support plan, or the annual

  2  review thereof, shall have the right to file a notice to

  3  challenge the decision pursuant to ss. 120.569 and 120.57.

  4  Notice of such right to appeal shall be included in all

  5  support plans provided by the department.

  6         Section 44.  Paragraph (b) of subsection (6),

  7  paragraphs (d) and (e) of subsection (8), paragraph (a) of

  8  subsection (12), and subsection (13) of section 393.11,

  9  Florida Statutes, are amended to read:

10         393.11  Involuntary admission to residential

11  services.--

12         (6)  COUNSEL; GUARDIAN AD LITEM.--

13         (b)  If the attorney, during the course of his or her

14  representation, reasonably believes that the person with

15  mental retardation cannot adequately act in his or her own

16  interest, the attorney may seek the appointment of a guardian

17  ad litem.  A prior finding of incompetency is not required

18  before a guardian ad litem is appointed pursuant to this

19  section. If a child is already represented by a guardian ad

20  litem in another proceeding, the court shall appoint that

21  guardian ad litem to act in the best interest of the child

22  unless the court excuses the guardian ad litem for cause.

23         (8)  ORDER.--

24         (d)  If an order of involuntary admission to

25  residential services provided by the developmental services

26  program of the department is entered by the court, a copy of

27  the written order shall be served upon the person, the

28  guardian ad litem, the person's counsel, the department, and

29  the state attorney and the person's defense counsel, if

30  applicable. The order of involuntary admission sent to the

31  department shall also be accompanied by a copy of the

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  1  examining committee's report and other reports contained in

  2  the court file.

  3         (e)  Upon receiving the order, the department shall,

  4  within 45 days, provide the court with a copy of the person's

  5  family or individual support plan and copies of all

  6  examinations and evaluations, outlining the treatment and

  7  rehabilitative programs. The department shall document that

  8  the person has been placed in the most appropriate, least

  9  restrictive and cost-beneficial residential facility. A copy

10  of the family or individual support plan and other

11  examinations and evaluations shall be served upon the person,

12  the guardian ad litem, and the person's counsel at the same

13  time the documents are filed with the court.

14         (12)  APPEAL.--

15         (a)  Any party to the proceeding who is affected by an

16  order of the court and the guardian ad litem may appeal to the

17  appropriate district court of appeal within the time and in

18  the manner prescribed by the Florida Rules of Appellate

19  Procedure.

20         (13)  HABEAS CORPUS.--At any time and without notice,

21  any person involuntarily admitted to the developmental

22  services program of the department, or the person's guardian

23  ad litem, parent, or legal guardian, in his or her behalf, is

24  entitled to a writ of habeas corpus to question the cause,

25  legality, and appropriateness of the person's involuntary

26  admission.  Each person, or the person's parent or legal

27  guardian, shall receive specific written notice of the right

28  to petition for a writ of habeas corpus at the time of his or

29  her involuntary placement.

30         Section 45.  Subsections (8) and (9) of section

31  397.501, Florida Statutes, are amended to read:

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  1         397.501  Rights of clients.--Clients receiving

  2  substance abuse services from any service provider are

  3  guaranteed protection of the rights specified in this section,

  4  unless otherwise expressly provided, and service providers

  5  must ensure the protection of such rights.

  6         (8)  RIGHT TO COUNSEL.--Each client must be informed

  7  that he or she has the right to be represented by counsel in

  8  any involuntary proceeding for assessment, stabilization, or

  9  treatment and that he or she, or if the client is a minor his

10  or her parent, legal guardian, or legal custodian, or guardian

11  ad litem if a guardian ad litem has been appointed for the

12  child in this or other actions related to the care or custody

13  of a minor, may apply immediately to the court to have an

14  attorney appointed if he or she cannot afford one.

15         (9)  RIGHT TO HABEAS CORPUS.--At any time, and without

16  notice, a client involuntarily retained by a provider, or the

17  client's parent, guardian, custodian, guardian ad litem, or

18  attorney on behalf of the client, may petition for a writ of

19  habeas corpus to question the cause and legality of such

20  retention and request that the court issue a writ for the

21  client's release.

22         Section 46.  Section 742.011, Florida Statutes, is

23  amended to read:

24         742.011  Determination of paternity proceedings;

25  jurisdiction.--Any woman who is pregnant or has a child, any

26  man who has reason to believe that he is the father of a

27  child, or any child may bring proceedings in the circuit

28  court, in chancery, to determine the paternity of the child

29  when paternity has not been established by law or otherwise. A

30  paternity action may also be brought by a guardian ad litem

31  appointed for the child in a dependency or custody action.

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  1         Section 47.  Section 744.3021, Florida Statutes, is

  2  amended to read:

  3         744.3021  Guardians of minors.--

  4         (1)  Upon petition of a parent, brother, sister, next

  5  of kin, or other person interested in the welfare of a minor,

  6  a guardian for a minor may be appointed by the court without

  7  the necessity of adjudication pursuant to s. 744.331.  A

  8  guardian appointed for a minor, whether of the person or

  9  property, has the authority of a plenary guardian.

10         (2)  A minor is not required to attend the hearing on

11  the petition for appointment of a guardian, unless otherwise

12  directed by the court.

13         (3)  In its discretion, the court may appoint an

14  attorney or guardian ad litem to represent the interests of a

15  minor at the hearing on the petition for appointment of a

16  guardian.

17         Section 48.  Subsection (6) of section 984.16, Florida

18  Statutes, is amended to read:

19         984.16  Process and service.--

20         (6)  Upon the application of a party, the child's

21  guardian ad litem, or the petitioner, the clerk or deputy

22  clerk shall issue, and the court on its own motion may issue,

23  subpoenas requiring attendance and testimony of witnesses and

24  production of records, documents, or other tangible objects at

25  any hearing.

26         Section 49.  Subsections (1), (2), and (3) of section

27  984.17, Florida Statutes, are amended to read:

28         984.17  Response to petition and representation of

29  parties.--

30

31

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  1         (1)  At the time a petition is filed, the court shall

  2  may appoint a guardian ad litem or legal counsel for the

  3  child. The guardian ad litem shall be a party to the action.

  4         (2)  No answer to the petition or any other pleading

  5  need be filed by any child, guardian ad litem, parent, or

  6  legal custodian, but any matters which might be set forth in

  7  an answer or other pleading may be pleaded orally before the

  8  court or filed in writing as any such person may choose.

  9  Notwithstanding the filing of an answer or any pleading, the

10  child or parent shall, prior to an adjudicatory hearing, be

11  advised by the court of the right to counsel.

12         (3)  When a petition for a child in need of services

13  has been filed and the parents, guardian, or legal custodian

14  of the child and the child or the child's guardian ad litem

15  have advised the department that the truth of the allegations

16  is acknowledged and that no contest is to be made of the

17  adjudication, the attorney representing the department may set

18  the case before the court for a disposition hearing.  If there

19  is a change in the plea at this hearing, the court shall

20  continue the hearing to permit the attorney representing the

21  department to prepare and present the case.

22         Section 50.  Subsection (1) of section 984.20, Florida

23  Statutes, is amended to read:

24         984.20  Hearings for child-in-need-of-services cases.--

25         (1)  ARRAIGNMENT HEARING.--

26         (a)  When a child has been taken into custody by order

27  of the court, an arraignment hearing shall be held within 7

28  days after the date the child is taken into custody.  The

29  hearing shall be held for the child or the guardian ad litem

30  and the parent, guardian, or custodian to admit, deny, or

31  consent to findings that a child is in need of services as

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  1  alleged in the petition.  If the child or the guardian ad

  2  litem and the parent, guardian, or custodian admit or consent

  3  to the findings in the petition, the court shall proceed as

  4  set forth in the Florida Rules of Juvenile Procedure. However,

  5  if either the child or the guardian ad litem or the parent,

  6  guardian, or custodian denies any of the allegations of the

  7  petition, the court shall hold an adjudicatory hearing within

  8  7 days after the date of the arraignment hearing.

  9         (b)  When a child is in the custody of the parent,

10  guardian, or custodian, upon the filing of a petition, the

11  clerk shall set a date for an arraignment hearing within a

12  reasonable time from the date of the filing of the petition.

13  If the child or guardian ad litem and the parent, guardian, or

14  custodian admit or consent to an adjudication, the court shall

15  proceed as set forth in the Florida Rules of Juvenile

16  Procedure. However, if either the child or the guardian ad

17  litem or the parent, guardian, or custodian denies any of the

18  allegations of child in need of services, the court shall hold

19  an adjudicatory hearing within a reasonable time from the date

20  of the arraignment hearing.

21         (c)  If at the arraignment hearing the child or the

22  guardian ad litem and the parent, guardian, or custodian

23  consents or admits to the allegations in the petition and the

24  court determines that the petition meets the requirements of

25  s. 984.15(3)(e), the court shall proceed to hold a disposition

26  hearing at the earliest practicable time that will allow for

27  the completion of a predisposition study.

28         Section 51.  Section 985.203, Florida Statutes, is

29  amended to read:

30         985.203  Right to counsel.--

31

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  1         (1)  A child is entitled to representation by legal

  2  counsel at all stages of any proceedings under this part.  If

  3  the child and the parents or other legal guardian are indigent

  4  and unable to employ counsel for the child, the court shall

  5  appoint counsel pursuant to s. 27.52. Determination of

  6  indigency and costs of representation shall be as provided by

  7  ss. 27.52 and 938.29.  Legal counsel representing a child who

  8  exercises the right to counsel shall be allowed to provide

  9  advice and counsel to the child at any time subsequent to the

10  child's arrest, including prior to a detention hearing while

11  in secure detention care.  A child shall be represented by

12  legal counsel at all stages of all court proceedings unless

13  the right to counsel is freely, knowingly, and intelligently

14  waived by the child.  Counsel may not be waived until the

15  child has met with and been advised by an attorney. If the

16  child appears without counsel, the court shall advise the

17  child of his or her rights with respect to representation of

18  court-appointed counsel.

19         (2)  When the court finds the child is not competent to

20  participate in his or her representation, the court may

21  appoint a guardian ad litem for the child. If a guardian ad

22  litem has been appointed in another case related to the child,

23  to the extent possible, the same guardian ad litem should be

24  appointed in the delinquency proceeding.

25         (3)(2)  If the parents or legal guardian of an indigent

26  child are not indigent but refuse to employ counsel, the court

27  shall appoint counsel pursuant to s. 27.52(2)(d) to represent

28  the child at the detention hearing and until counsel is

29  provided. Costs of representation shall be assessed as

30  provided by ss. 27.52(2)(d) and 938.29. Thereafter, the court

31  shall not appoint counsel for an indigent child with

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  1  nonindigent parents or legal guardian but shall order the

  2  parents or legal guardian to obtain private counsel.  A parent

  3  or legal guardian of an indigent child who has been ordered to

  4  obtain private counsel for the child and who willfully fails

  5  to follow the court order shall be punished by the court in

  6  civil contempt proceedings.

  7         (4)(3)  An indigent child with nonindigent parents or

  8  legal guardian may have counsel appointed pursuant to s.

  9  27.52(2)(d) if the parents or legal guardian have willfully

10  refused to obey the court order to obtain counsel for the

11  child and have been punished by civil contempt and then still

12  have willfully refused to obey the court order.  Costs of

13  representation shall be assessed as provided by ss.

14  27.52(2)(d) and 938.29.

15         (5)(4)  Notwithstanding any provision of this section

16  or any other law to the contrary, if a child is transferred

17  for criminal prosecution pursuant to this chapter, a

18  nonindigent or indigent-but-able-to-contribute parent or legal

19  guardian of the child pursuant to s. 27.52 is liable for

20  necessary legal fees and costs incident to the criminal

21  prosecution of the child as an adult.

22         Section 52.  Paragraphs (a) and (h) of subsection (1),

23  paragraph (e) of subsection (4), paragraph (b) of subsection

24  (5), and paragraph (d) of subsection (6) of section 985.223,

25  Florida Statutes, are amended to read:

26         985.223  Incompetency in juvenile delinquency cases.--

27         (1)  If, at any time prior to or during a delinquency

28  case, the court has reason to believe that the child named in

29  the petition may be incompetent to proceed with the hearing,

30  the court on its own motion may, or on the motion of the

31

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  1  child's attorney or state attorney must, stay all proceedings

  2  and order an evaluation of the child's mental condition.

  3         (a)  Any motion questioning the child's competency to

  4  proceed must be served upon the child's attorney, the child's

  5  guardian ad litem, if any, the state attorney, the attorneys

  6  representing the Department of Juvenile Justice, and the

  7  attorneys representing the Department of Children and Family

  8  Services. Thereafter, any motion, notice of hearing, order, or

  9  other legal pleading relating to the child's competency to

10  proceed with the hearing must be served upon the child's

11  attorney, the child's guardian ad litem, if any, the state

12  attorney, the attorneys representing the Department of

13  Juvenile Justice, and the attorneys representing the

14  Department of Children and Family Services.

15         (h)  After placement of the child in the appropriate

16  setting, the Department of Children and Family Services must,

17  within 30 days after the Department of Children and Family

18  Services places the child, prepare and submit to the court a

19  treatment plan for the child's restoration of competency. A

20  copy of the treatment plan must be served upon the child's

21  attorney, the child's guardian ad litem, if any, the state

22  attorney, and the attorneys representing the Department of

23  Juvenile Justice.

24         (4)  A child who is determined to be mentally ill or

25  retarded, who has been adjudicated incompetent to proceed, and

26  who meets the criteria set forth in subsection (3), must be

27  committed to the Department of Children and Family Services,

28  and the Department of Children and Family Services must treat

29  or train the child in a secure facility or program which is

30  the least restrictive alternative consistent with public

31  safety.  Any placement of a child to a secure residential

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  1  program must be separate from adult forensic programs.  If the

  2  child attains competency, then custody, case management, and

  3  supervision of the child will be transferred to the department

  4  in order to continue delinquency proceedings; however, the

  5  court retains authority to order the Department of Children

  6  and Family Services to provide continued treatment to maintain

  7  competency.

  8         (e)  The service provider must file a written report

  9  with the court pursuant to the applicable Florida Rules of

10  Juvenile Procedure not later than 6 months after the date of

11  commitment, or at the end of any period of extended treatment

12  or training, and at any time the Department of Children and

13  Family Services, through its service provider determines the

14  child has attained competency or no longer meets the criteria

15  for secure placement, or at such shorter intervals as ordered

16  by the court. A copy of a written report evaluating the

17  child's competency must be filed by the provider with the

18  court and with the state attorney, the child's attorney, the

19  child's guardian ad litem, if any, the department, and the

20  Department of Children and Family Services.

21         (5)

22         (b)  Whenever the provider files a report with the

23  court informing the court that the child will never become

24  competent to proceed, the Department of Children and Family

25  Services will develop a discharge plan for the child prior to

26  any hearing determining whether the child will ever become

27  competent to proceed. The Department of Children and Family

28  Services must send the proposed discharge plan to the court,

29  the state attorney, the child's attorney, the child's guardian

30  ad litem, if any, and the attorneys representing the

31  Department of Juvenile Justice. The provider will continue to

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  1  provide services to the child until the court issues the order

  2  finding the child will never become competent to proceed.

  3         (6)

  4         (d)  The service provider must file a written report

  5  with the court pursuant to the applicable Florida Rules of

  6  Juvenile Procedure, not later than 6 months after the date of

  7  commitment, at the end of any period of extended treatment or

  8  training, and at any time the service provider determines the

  9  child has attained competency or will never attain competency,

10  or at such shorter intervals as ordered by the court. A copy

11  of a written report evaluating the child's competency must be

12  filed by the provider with the court, the state attorney, the

13  child's attorney, the child's guardian ad litem, if any, the

14  Department of Children and Family Services, and the

15  department.

16         Section 53.  Paragraph (b) of subsection (2) and

17  paragraph (b) of subsection (3) of section 985.233, Florida

18  Statutes, are amended to read:

19         985.233  Sentencing powers; procedures; alternatives

20  for juveniles prosecuted as adults.--

21         (2)  PRESENTENCE INVESTIGATION REPORT.--

22         (b)  Upon completion of the presentence investigation

23  report, it must be made available to the child's counsel the

24  child's guardian ad litem, if any, and the state attorney by

25  the department prior to the sentencing hearing.

26         (3)  SENTENCING HEARING.--

27         (b)  After considering the presentence investigation

28  report, the court shall give all parties present at the

29  hearing an opportunity to comment on the issue of sentence and

30  any proposed rehabilitative plan. Parties to the case include

31  the parent, child, the child's guardian ad litem, if any,

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  1  guardian, or legal custodian of the offender; the offender's

  2  counsel; the state attorney; representatives of the Department

  3  of Corrections and the Department of Juvenile Justice; the

  4  victim or victim's representative; representatives of the

  5  school system; and the law enforcement officers involved in

  6  the case.

  7         Section 54.  Paragraph (a) of subsection (1) of section

  8  985.234, Florida Statutes, is amended to read:

  9         985.234  Appeal.--

10         (1)  An appeal from an order of the court affecting a

11  party to a case involving a child pursuant to this part may be

12  taken to the appropriate district court of appeal within the

13  time and in the manner prescribed by s. 924.051 and the

14  Florida Rules of Appellate Procedure by:

15         (a)  Any child, and any parent or legal guardian or

16  custodian of any child, and the guardian ad litem for a child.

17

18  In the case of an appeal by the state, the notice of appeal

19  shall be filed by the appropriate state attorney or his or her

20  authorized assistant pursuant to the provisions of s. 27.18.

21  Such an appeal shall embody all assignments of error in each

22  preadjudicatory hearing order that the state seeks to have

23  reviewed. The state shall pay all costs of the appeal except

24  for the child's attorney's fee.

25         Section 55.  Subsection (12) of section 985.308,

26  Florida Statutes, is amended to read:

27         985.308  Juvenile sexual offender commitment programs;

28  sexual abuse intervention networks.--

29         (12)  Membership of a sexual abuse intervention network

30  shall include, but is not limited to, representatives from:

31         (a)  Local law enforcement agencies;

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  1         (b)  Local school boards;

  2         (c)  Child protective investigators;

  3         (d)  The office of the state attorney;

  4         (e)  The office of the public defender;

  5         (f)  The juvenile division of the circuit court;

  6         (g)  Professionals licensed under chapter 458, chapter

  7  459, s. 490.0145, or s. 491.0144 providing treatment for

  8  juvenile sexual offenders or their victims;

  9         (h)  The circuit office of public advocacy guardian ad

10  litem program;

11         (i)  The Department of Juvenile Justice; and

12         (j)  The Department of Children and Family Services.

13         Section 56.  This act shall take effect October 1,

14  2002.

15

16            *****************************************

17                          SENATE SUMMARY

18    Establishes the Office of Public Advocacy within the
      Justice Administrative Commission. Provides for an office
19    of public advocacy to be established within each judicial
      circuit. Provides requirements for the offices of public
20    advocacy in providing legal representation for children.
      Requires that representation be provided to a child in a
21    dependency or delinquency proceeding. Revises various
      provisions of law to authorize a circuit office of public
22    advocacy rather than personnel from a guardian ad litem
      program to represent a child in specified legal
23    proceedings. (See bill for details.)

24

25

26

27

28

29

30

31

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