Senate Bill sb0686c2

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    Florida Senate - 2002                     CS for CS for SB 686

    By the Committees on Children and Families; Judiciary; and
    Senator Burt




    300-1948-02

  1                      A bill to be entitled

  2         An act relating to legal proceedings involving

  3         minor children; providing for the transfer of

  4         the guardian ad litem program to the Statewide

  5         Public Guardianship Office; renaming each

  6         guardian ad litem office as a Circuit Office of

  7         Children's Representation; providing for a

  8         study to determine the organizational placement

  9         of the Statewide Public Guardianship Office and

10         Children's Representation offices with

11         recommendations to the Legislature by February

12         1, 2003; amending s. 25.388, F.S.; including

13         the Statewide Public Guardianship Office

14         representation of children as recipients of

15         moneys from the Family Courts Trust Funds;

16         amending s. 744.7021, F.S.; requiring the

17         Statewide Public Guardianship Office to

18         establish standards for the representation of

19         children; requiring an annual report to the

20         Legislature; requiring the office to establish

21         a Circuit Office of Children's Representation

22         in each judicial circuit; authorizing the

23         circuit offices to provide and coordinate the

24         provision of legal services for children when

25         private representation is unavailable;

26         requiring the circuit offices to provide

27         representation for children in dependency

28         proceedings; providing for appointing a lay

29         representative and an attorney to represent the

30         best interest of the child; authorizing the

31         Statewide Public Guardianship Office or the

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  1         Circuit Offices of Children's Representation to

  2         establish a nonprofit organization to assist in

  3         funding the services provided to children;

  4         amending s. 27.51, F.S.; authorizing a public

  5         defender to enter into an agreement for

  6         representation of a child in a dependency

  7         proceeding; amending s. 39.001, F.S.; requiring

  8         the Statewide Public Guardianship Office to

  9         participate in revising the statewide plan to

10         prevent abuse, abandonment, and neglect of

11         children; requiring that the Circuit Offices of

12         Children's Representation participate in

13         revising local plans; amending s. 39.01, F.S.;

14         redefining the term "party" to include, under

15         certain circumstances, a guardian ad litem;

16         limiting a child's right to file documents;

17         providing for notice to a party; providing for

18         excusing a child from appearing in court;

19         amending s. 39.013, F.S.; providing for

20         representation of children in proceedings under

21         ch. 39, F.S.; amending s. 39.202, F.S.;

22         authorizing access to records by the guardian

23         ad litem and the child; amending s. 39.302,

24         F.S.; requiring notification of the guardian ad

25         litem or legal counsel of reports of

26         institutional child abuse, neglect, or

27         abandonment; amending s. 39.305, F.S.;

28         providing for the Statewide Public Guardianship

29         Office to participate in developing the model

30         plan for intervention and treatment in certain

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

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  1         providing for notice of and representation for

  2         a child at a shelter hearing; providing for

  3         continuance of the hearing in order for the

  4         child to obtain representation; amending s.

  5         39.407, F.S.; authorizing legal counsel to

  6         represent a child placed in residential

  7         treatment; requiring that notice and

  8         information regarding the child's treatment be

  9         provided to the child's guardian ad litem and

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

11         requiring that the child, the guardian ad

12         litem, or legal counsel participate in

13         developing a case plan; providing for the right

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

15         providing for appointment of a guardian ad

16         litem or legal counsel; repealing s. 39.4086,

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

18         appointing attorneys ad litem for dependent

19         children; amending s. 39.502, F.S.; providing

20         for notice and service of process on legal

21         counsel or guardian ad litem; amending s.

22         39.504, F.S.; authorizing the child's guardian

23         ad litem or attorney to file for an injunction

24         to prevent child abuse or an unlawful sexual

25         offense; amending s. 39.505, F.S.; specifying

26         that the guardian ad litem need not file an

27         answer to a petition or pleading; amending s.

28         39.510, F.S.; authorizing the representative of

29         a party to appeal a court order; amending s.

30         39.521, F.S.; requiring that a case plan and

31         certain reports be provided to specified

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  1         parties; limiting discharge of a guardian ad

  2         litem or legal counsel unless other

  3         representation is provided to a child; amending

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

  5         dismiss a child from a judicial review hearing;

  6         requiring that notice be provided to the child

  7         and legal counsel; requiring service of reports

  8         on specified parties; requiring the court to

  9         determine whether a child needs a guardian ad

10         litem or attorney; authorizing the court to

11         determine whether a child's placement is

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

13         requiring that notice of a petition be served

14         on a child; exempting a child's legal counsel

15         from payment of fees for service of process or

16         other papers; amending s. 39.802, F.S.;

17         providing for a child through legal counsel to

18         file a petition for termination of parental

19         rights; amending s. 39.805, F.S.; providing

20         that a guardian ad litem need not file an

21         answer; amending s. 39.806, F.S.; providing

22         requirements for a child in filing a petition

23         for termination of parental rights; amending s.

24         39.807, F.S.; providing requirements for the

25         representation provided to a child by the

26         guardian ad litem or legal counsel; eliminating

27         provisions related to posting of a bond and

28         service on a guardian ad litem; amending s.

29         39.808, F.S.; providing for appointment of

30         legal counsel following a petition to terminate

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

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  1         providing for the court to consider the

  2         expressed interest of the child in a hearing on

  3         a petition to terminate parental rights;

  4         providing that the court must consider

  5         information related to best-interest

  6         requirements provided by a guardian ad litem;

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

  8         court consider information provided by the

  9         child or the guardian ad litem in determining

10         whether to retain jurisdiction over a dependent

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

12         definition of the term "guardian ad litem" to

13         eliminate references to the guardian ad litem

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

15         qualifications for guardians ad litem and staff

16         members of the Circuit Office of Children's

17         Representation providing representation to

18         children; amending s. 39.822, F.S.; designating

19         who may be a guardian ad litem; providing for

20         appointment of the Circuit Office of Children's

21         Representation when the child and parents are

22         indigent; requiring background checks of

23         specified guardians ad litem; creating s.

24         39.8225, F.S.; providing powers and duties of a

25         guardian ad litem; requiring that a guardian ad

26         litem represent the child's best interest;

27         requiring that a guardian ad litem investigate

28         allegations in a pleading filed; providing

29         requirements for conducting an investigation;

30         requiring that the guardian ad litem and

31         attorney consult with the child; requiring a

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  1         report; providing for attorney review of the

  2         report and presentation to the court; requiring

  3         that the court be informed of the expressed

  4         interest of the child; authorizing the court to

  5         issue a blanket order for the guardian ad litem

  6         to obtain information; authorizing the guardian

  7         ad litem to petition the court to issue orders;

  8         providing for notice of written reports to all

  9         parties; requiring that the guardian ad litem

10         file certain pleadings through counsel;

11         creating s. 39.84, F.S.; providing for

12         confidentiality; creating s. 39.86, F.S.;

13         providing immunity for a guardian ad litem,

14         staff or volunteer in a Circuit Office of

15         Children's Representation, and a

16         court-appointed psychologist; creating s.

17         39.8226, F.S.; providing for appointment of

18         legal counsel for a child; requiring that the

19         court determine capacity of a child before

20         appointing legal counsel; providing for

21         appointment of legal counsel when the Circuit

22         Office of Children's Representation is

23         providing representation; authorizing the

24         Circuit Office of Children's Representation to

25         petition for appointment of counsel; amending

26         s. 40.24, F.S.; providing for payment for

27         jurors to be used to fund the representation of

28         children in a proceeding under ch. 39, F.S.,

29         and related proceedings; amending s. 215.5601,

30         F.S.; providing for the Director of the

31         Statewide Public Guardianship Office rather

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  1         than the director of the guardian ad litem

  2         program to be a member of the Lawton Chiles

  3         Endowment Fund Advisory Council; amending s.

  4         985.308, F.S.; substituting the Statewide

  5         Public Guardianship Office for the guardian ad

  6         litem program on the membership of a sexual

  7         abuse intervention network; providing an

  8         effective date.

  9

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

11

12         Section 1.  The guardian ad litem program is

13  transferred to the Statewide Public Guardianship Office, and

14  each circuit guardian ad litem office is renamed as the

15  Circuit Office of Children's Representation. The Director of

16  the Statewide Public Guardianship Office shall employ a deputy

17  director for children's representation who is an attorney and

18  who is knowledgeable about dependency law and has management

19  experience. The deputy director for children's representation

20  shall supervise each Circuit Office of Children's

21  Representation.

22         Section 2.  The Statewide Public Guardianship Office,

23  in consultation with appropriate parties, including the

24  judicial branch, Office of the Governor, Attorney General, and

25  a representative of the Justice Administrative Commission,

26  shall study the organizational placement of the Statewide

27  Public Guardianship Office, including the Deputy Director and

28  related staff and the Circuit Offices of Children's

29  Representation, and shall make recommendations regarding the

30  placement to the Legislature by February 1, 2003.

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  1         Section 3.  Effective October 1, 2002, the guardian ad

  2  litem program in the Office of the State Court Administrator

  3  and in each judicial circuit and all of its statutory powers,

  4  duties, and functions, and its records, personnel, property,

  5  and unexpended balances of appropriations, allocations, or

  6  other funds, are transferred by a type two transfer, as

  7  defined in section 20.06(2), Florida Statutes, to the

  8  Statewide Public Guardianship Office.

  9         Section 4.  Subsection (1) of section 25.388, Florida

10  Statutes, is amended to read:

11         25.388  Family Courts Trust Fund.--

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

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

14  to implement family court plans in all judicial circuits of

15  this state.

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

17  Courts Administrator, shall adopt a comprehensive plan for the

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

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

20  comprehensive integrated response to families in litigation,

21  including domestic violence matters, Statewide Public

22  Guardianship Office's representation of children in dependency

23  proceedings guardian ad litem programs, mediation programs,

24  legal support, training, automation, and other related costs

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

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

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

28  741.0306.

29         Section 5.  Present subsections (3) and (4) of section

30  744.7021, Florida Statutes, are redesignated as subsections

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  1  (4) and (5), respectively, and a new subsection (3) is added

  2  to that section to read:

  3         744.7021  Statewide Public Guardianship Office.--There

  4  is hereby created the Statewide Public Guardianship Office

  5  within the Department of Elderly Affairs. The Department of

  6  Elderly Affairs shall provide administrative support and

  7  service to the office to the extent requested by the executive

  8  director within the available resources of the department. The

  9  Statewide Public Guardianship Office may request the

10  assistance of the Inspector General of the Department of

11  Elderly Affairs in providing auditing services, and the Office

12  of General Counsel of the department may provide assistance in

13  rulemaking and other matters as needed to assist the Statewide

14  Public Guardianship Office. The Statewide Public Guardianship

15  Office shall not be subject to control, supervision, or

16  direction by the Department of Elderly Affairs in the

17  performance of its duties.

18         (3)(a)  The office shall establish standards for

19  representation of children by the Circuit Offices of

20  Children's Representation, including recommended case loads

21  for attorneys and for volunteers and staff lay representatives

22  of a child.

23         (b)  The office shall document the need for child

24  representation throughout the state and report annually on

25  October 1 to the Legislature concerning the need and the cost

26  to adequately provide representation for children in

27  dependency proceedings. The report must include information

28  concerning the type and level of advocacy provided in prior

29  years by both public entities and private entities providing

30  contract or pro bono services.

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  1         (c)  The office shall develop performance measures and

  2  standards for its services throughout the state and shall

  3  annually report on the performance of the Circuit Offices of

  4  Children's Representation.

  5         (d)  The office shall establish a Circuit Office of

  6  Children's Representation in each judicial circuit in the

  7  state. Each circuit office shall consist of an administrator,

  8  staff or pro bono attorneys, social workers, volunteer

  9  coordinators, volunteer or staff lay representatives for

10  children, and support staff. The administrator in each office

11  must be knowledgeable and proficient in the legal process and

12  the legal representation of children in court proceedings, as

13  well as discovery and mediation processes.

14         (e)  Each Circuit Office of Children's Representation

15  may provide and coordinate the provision of legal

16  representation of children in each aspect of dependency

17  proceedings when the child and the child's parents are

18  indigent pursuant to s. 27.52 or the child's rights are not

19  otherwise protected. The office must provide representation

20  for each child not otherwise represented who is a party to a

21  dependency proceeding.

22         (f)  If a Circuit Office of Children's Representation

23  is appointed to represent a child, a staff or volunteer

24  representative and a staff or pro bono attorney shall be

25  assigned to provide the office's representation of the best

26  interests of the child.

27         (g)  To the extent possible, the Statewide Public

28  Guardianship Office or the Circuit Offices of Children's

29  Representation may augment staff through agreements or

30  contracts with the public defenders, private entities, or

31  public or private colleges or universities for contract or pro

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  1  bono legal representation to children as court-appointed

  2  counsel for the child, to provide pro bono representation to

  3  the office, or to provide non-legal volunteer representation.

  4         (h)  The Office of Statewide Public Guardianship and

  5  each Circuit Office of Children's Representatives may

  6  establish a not-for-profit support organization under section

  7  501(c)(3) of the Internal Revenue Code to assist in funding

  8  the needs of children receiving services through the Circuit

  9  Offices of Children's Representation.

10         Section 6.  Present subsection (7) of section 27.51,

11  Florida Statutes, is redesignated as subsection (8) and a new

12  subsection (7) is added to that section to read:

13         27.51  Duties of public defender.--

14         (7)  A public defender may enter into an agreement with

15  the Circuit Office of Children's Representation to provide

16  representation to a child in a dependency proceeding when the

17  court has determined that the child qualifies for independent

18  counsel under s. 39.8226(2)(b) or (3).

19         Section 7.  Paragraph (a) of subsection (7) of section

20  39.001, Florida Statutes, is amended to read:

21         39.001  Purposes and intent; personnel standards and

22  screening.--

23         (7)  PLAN FOR COMPREHENSIVE APPROACH.--

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

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

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

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

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

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

30  Intervention of the Department of Health, and the Statewide

31  Public Guardianship Office shall participate and fully

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  1  cooperate in the development of the state plan at both the

  2  state and local levels. Furthermore, appropriate local

  3  agencies and organizations shall be provided an opportunity to

  4  participate in the development of the state plan at the local

  5  level. Appropriate local groups and organizations shall

  6  include, but not be limited to, community mental health

  7  centers; Circuit Offices of Children's Representation guardian

  8  ad litem programs for children under the circuit court; the

  9  school boards of the local school districts; the Florida local

10  advocacy councils; private or public organizations or programs

11  with recognized expertise in working with children who are

12  sexually abused, physically abused, emotionally abused,

13  abandoned, or neglected and with expertise in working with the

14  families of such children; private or public programs or

15  organizations with expertise in maternal and infant health

16  care; multidisciplinary child protection teams; child day care

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

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

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

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

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

22         Section 8.  Subsection (51) of section 39.01, Florida

23  Statutes, is amended to read:

24         39.01  Definitions.--When used in this chapter, unless

25  the context otherwise requires:

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

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

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

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

30  child. While the child is a party, he or she may file

31  documents in a proceeding under this chapter only through a

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  1  court-appointed attorney or guardian ad litem. If information

  2  or notice must be provided to a party, service shall be made

  3  as provided in s. 39.502. The presence of the child may be

  4  excused by order of the court when the child requests to be

  5  excused presence would not be in the child's best interest.

  6  Notice to the child and the presence of the child may be

  7  excused by order of the court when the age, capacity, or other

  8  condition of the child is such that the notice or the presence

  9  of the child would be meaningless, physically dangerous, or

10  emotionally detrimental to the child.

11         Section 9.  Present subsections (9), (10), and (11) of

12  section 39.013, Florida Statutes, are redesignated as

13  subsections (10), (11) and (12), respectively, and a new

14  subsection (9) is added to that section to read:

15         39.013  Procedures and jurisdiction; right to

16  counsel.--

17         (9)  A child is entitled to representation at each

18  stage of the proceedings under this chapter, and, for each

19  child, the court shall appoint either a guardian ad litem

20  under s. 39.822 to provide representation in accordance with

21  s. 39.8225 or appoint any attorney under s. 39.8226.

22         Section 10.  Paragraph (d) of subsection (2) and

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

24  amended to read:

25         39.202  Confidentiality of reports and records in cases

26  of child abuse or neglect.--

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

28  reporter which shall be released only as provided in

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

30  persons, officials, and agencies:

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

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

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

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

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

  6  abandonment. However, any information otherwise made

  7  confidential or exempt by law shall not be released pursuant

  8  to this paragraph.

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

10  team of the Department of Health are confidential and exempt

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

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

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

14  necessary professionals, in furtherance of the treatment or

15  additional evaluative needs of the child; to the child, the

16  guardian ad litem, and their attorneys; by order of the

17  court;, or to health plan payors, limited to that information

18  used for insurance reimbursement purposes.

19         Section 11.  Present subsections (4), (5), and (6) of

20  section 39.302, Florida Statutes, are redesignated as

21  subsections (5), (6), and (7), respectively, and a new

22  subsection (4) is added to that section to read:

23         39.302  Protective investigations of institutional

24  child abuse, abandonment, or neglect.--

25         (4)  Upon receipt of a report of institutional child

26  abuse, abandonment, or neglect as provided in subsection (1)

27  the department shall, within 24 hours, notify the guardian ad

28  litem or legal counsel for any child alleged to be abused,

29  abandoned, or neglected. Copies of the child-protective

30  investigation shall be provided to the guardian ad litem or

31  attorney immediately upon completion.

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  1         Section 12.  Section 39.305, Florida Statutes, is

  2  amended to read:

  3         39.305  Intervention and treatment in sexual abuse

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

  5  for community intervention and treatment of intrafamily sexual

  6  abuse in conjunction with the Department of Law Enforcement,

  7  the Department of Health, the Department of Education, the

  8  Attorney General, the Statewide Public Guardianship Office the

  9  state Guardian Ad Litem Program, the Department of

10  Corrections, representatives of the judiciary, and

11  professionals and advocates from the mental health and child

12  welfare community.

13         Section 13.  Subsection (5) and paragraphs (b), (c),

14  and (e) of subsection (8) of section 39.402, Florida Statutes,

15  are amended to read:

16         39.402  Placement in a shelter.--

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

18  the child, and either the child's guardian ad litem, if known,

19  or the Circuit Office of Children's Representation shall be

20  given such notice as best ensures their actual knowledge of

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

22  parents or legal custodians are outside the jurisdiction of

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

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

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

26  shelter hearing.  The person providing or attempting to

27  provide notice under this paragraph to the parents or legal

28  custodians shall, if the persons or entities to be provided

29  notice parents or legal custodians are not present at the

30  hearing, advise the court either in person or by sworn

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  1  affidavit, of the attempts made to provide notice and the

  2  results of those attempts.

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

  4  either the child's guardian ad litem, if known, or the Circuit

  5  Office of Children's Representation shall be given written

  6  notice that:

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

  8  to present evidence at the shelter hearing; and

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

10  by counsel and the child has the right to counsel as provided

11  in s. 39.013., and,

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

13  represented by appointed counsel, at the shelter hearing and

14  at each subsequent hearing or proceeding, pursuant to the

15  procedures set forth in s. 39.013.

16         b.  If the parents or legal custodians appear for the

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

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

19  the parents or legal custodians to consult legal counsel.

20         c.  If the child appears for the shelter hearing

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

22  by the Circuit Office of Children's Representation, the

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

24  representation to be retained on behalf of the child.

25         d.  If a continuance is requested by the parents or

26  legal custodians, or on behalf of the child, the child shall

27  be continued in shelter care for the length of the

28  continuance, if granted by the court.

29         (8)

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

31  child, and either the child's guardian ad litem, if known, or

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  1  the Circuit Office of Children's Representation shall be given

  2  such notice as best ensures their actual knowledge of the time

  3  and place of the shelter hearing. The failure to provide

  4  notice to a party or participant does not invalidate an order

  5  placing a child in a shelter if the court finds that the

  6  petitioner has made a good faith effort to provide such

  7  notice. The court shall require the parents or legal

  8  custodians present at the hearing to provide to the court on

  9  the record the names, addresses, and relationships of all

10  parents, prospective parents, and next of kin of the child, so

11  far as are known.

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

13         1.  Appoint representation for the child in accordance

14  with s. 39.013 a guardian ad litem to represent the best

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

16  representation of the child is otherwise provided is

17  unnecessary;

18         2.  Inform the parents or legal custodians of their

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

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

21  parents to appointed counsel, pursuant to the procedures set

22  forth in s. 39.013; and

23         3.  Give the parents or legal custodians an opportunity

24  to be heard and to present evidence.

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

26  provide the court and the child and either the child's

27  guardian ad litem, if known, or the Circuit Office of

28  Children's Representation copies of any available law

29  enforcement, medical, or other professional reports, and shall

30  also provide copies of abuse hotline reports pursuant to state

31  and federal confidentiality requirements.

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  1         Section 14.  Subsection (5) of section 39.407, Florida

  2  Statutes, is amended to read:

  3         39.407  Medical, psychiatric, and psychological

  4  examination and treatment of child; physical or mental

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

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

  7  department may be placed by the department in a residential

  8  treatment center licensed under s. 394.875 or a hospital

  9  licensed under chapter 395 for residential mental health

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

11  the court in accordance with an order of involuntary

12  examination or involuntary placement entered pursuant to s.

13  394.463 or s. 394.467. All children placed in a residential

14  treatment program under this subsection must have a guardian

15  ad litem or legal counsel appointed.

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

17         1.  "Residential treatment" means placement for

18  observation, diagnosis, or treatment of an emotional

19  disturbance in a residential treatment center licensed under

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

21         2.  "Least restrictive alternative" means the treatment

22  and conditions of treatment that, separately and in

23  combination, are no more intrusive or restrictive of freedom

24  than reasonably necessary to achieve a substantial therapeutic

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

26  physical injury.

27         3.  "Suitable for residential treatment" or

28  "suitability" means a determination concerning a child or

29  adolescent with an emotional disturbance as defined in s.

30  394.492(5) or a serious emotional disturbance as defined in s.

31  394.492(6) that each of the following criteria is met:

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  1         a.  The child requires residential treatment.

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

  3  program and is expected to benefit from mental health

  4  treatment.

  5         c.  An appropriate, less restrictive alternative to

  6  residential treatment is unavailable.

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

  8  its legal custody is emotionally disturbed and may need

  9  residential treatment, an examination and suitability

10  assessment must be conducted by a qualified evaluator who is

11  appointed by the Agency for Health Care Administration. This

12  suitability assessment must be completed before the placement

13  of the child in a residential treatment center for emotionally

14  disturbed children and adolescents or a hospital. The

15  qualified evaluator must be a psychiatrist or a psychologist

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

17  the diagnosis and treatment of serious emotional disturbances

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

19  conflict of interest with any inpatient facility or

20  residential treatment center or program.

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

22  the child shall be assessed for suitability for residential

23  treatment by a qualified evaluator who has conducted a

24  personal examination and assessment of the child and has made

25  written findings that:

26         1.  The child appears to have an emotional disturbance

27  serious enough to require residential treatment and is

28  reasonably likely to benefit from the treatment.

29         2.  The child has been provided with a clinically

30  appropriate explanation of the nature and purpose of the

31  treatment.

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  1         3.  All available modalities of treatment less

  2  restrictive than residential treatment have been considered,

  3  and a less restrictive alternative that would offer comparable

  4  benefits to the child is unavailable.

  5

  6  A copy of the written findings of the evaluation and

  7  suitability assessment must be provided to the department and

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

  9  opportunity to discuss the findings with the evaluator.

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

11  treatment program under this section, the department must

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

13  having jurisdiction over the child and must provide the

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

15  of the assessment by the qualified evaluator.

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

17  residential treatment program, the director of the residential

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

19  an individualized plan of treatment has been prepared by the

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

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

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

23  preparation of the plan to the maximum feasible extent

24  consistent with his or her ability to understand and

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

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

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

28  must include a preliminary plan for residential treatment and

29  aftercare upon completion of residential treatment. The plan

30  must include specific behavioral and emotional goals against

31  which the success of the residential treatment may be

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

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

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

  4  treatment program must review the appropriateness and

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

  6  residential treatment program must determine whether the child

  7  is receiving benefit towards the treatment goals and whether

  8  the child could be treated in a less restrictive treatment

  9  program. The residential treatment program shall prepare a

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

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

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

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

14  treatment program must continue to evaluate the child's

15  treatment progress every 30 days thereafter and must include

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

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

18  not reimburse a facility until the facility has submitted

19  every written report that is due.

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

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

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

23  report regarding the child's progress towards achieving the

24  goals specified in the individualized plan of treatment.

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

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

27  3 months after the child's admission to the residential

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

29  progress towards achieving the goals and objectives of the

30  treatment plan must be completed by a qualified evaluator and

31

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

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

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

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

  5  continued placement in residential treatment must be a subject

  6  of the judicial review.

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

  8  is not suitable for continued residential treatment, the court

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

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

11  needs.

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

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

14  every 90 days.

15         (i)  The department must adopt rules for implementing

16  timeframes for the completion of suitability assessments by

17  qualified evaluators and a procedure that includes timeframes

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

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

20  and objectives of the treatment plan which review must be

21  submitted to the court. The Agency for Health Care

22  Administration must adopt rules for the registration of

23  qualified evaluators, the procedure for selecting the

24  evaluators to conduct the reviews required under this section,

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

26  evaluators.

27         Section 15.  Subsections (11), (12), (19), (20), and

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

29  read:

30         39.4085  Legislative findings and declaration of intent

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

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  1  declares that the design and delivery of child welfare

  2  services should be directed by the principle that the health

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

  4  therefore, establishes the following goals for children in

  5  shelter or foster care:

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

  7  counselor and the shelter or foster caregiver with the child,

  8  when the child is of an age or capacity to participate, and

  9  the child's guardian ad litem and with their legal counsel to

10  deal with identified behaviors that may present a risk to the

11  child or others.

12         (12)  To be involved and incorporated, where

13  appropriate, and to have the child's guardian ad litem and the

14  legal counsel of the child and of the guardian ad litem

15  involved in the development of the case plan, to have a case

16  plan which will address their specific needs, and to object to

17  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, physically

22  dangerous, or emotionally detrimental to the child.

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

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

25  provided in s. 39.8226 where appropriate, legal counsel an

26  attorney ad litem appointed to represent their expressed legal

27  interests; the guardian ad litem and legal counsel attorney ad

28  litem shall have immediate and unlimited access to the

29  children they represent.

30

31

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

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

  3  they deem such review necessary.

  4         Section 16.  Section 39.4086, Florida Statutes, is

  5  repealed.

  6         Section 17.  Section 39.502, Florida Statutes, is

  7  amended to read:

  8         39.502  Notice, process, and service.--

  9         (1)  Unless parental rights have been terminated, all

10  parents must be notified of all proceedings or hearings

11  involving the child. Notice in cases involving shelter

12  hearings and hearings resulting from medical emergencies must

13  be that most likely to result in actual notice to the parents.

14  In all other dependency proceedings, notice must be provided

15  in accordance with subsections (4)-(9).

16         (2)  Notice of all proceedings or hearings involving

17  the child and all documents and reports related to those

18  proceedings or required to be given to the child shall be

19  served on or delivered to the child through the court

20  appointed representative for the child, either the guardian ad

21  litem or the child's or the guardian ad litem's legal counsel.

22  If the court has not appointed a representative for the child,

23  service or delivery shall be made to the child unless the

24  court determines that, because of age, capacity, or other

25  condition of the child, it would be meaningless or emotionally

26  detrimental to the child.

27         (3)(2)  Personal appearance of any person in a hearing

28  before the court obviates the necessity of serving process on

29  that person.

30         (4)(3)  Upon the filing of a petition containing

31  allegations of facts which, if true, would establish that the

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  1  child is a dependent child, and upon the request of the

  2  petitioner, the clerk or deputy clerk shall issue a summons.

  3         (5)(4)  The summons shall require the person on whom it

  4  is served to appear for a hearing at a time and place

  5  specified, not less than 72 hours after service of the

  6  summons.  A copy of the petition shall be attached to the

  7  summons.

  8         (6)(5)  The summons shall be directed to, and shall be

  9  served upon, all parties other than the petitioner.

10         (7)(6)  It is the duty of the petitioner or moving

11  party to notify all participants and parties known to the

12  petitioner or moving party of all hearings subsequent to the

13  initial hearing unless notice is contained in prior court

14  orders and these orders were provided to the participant or

15  party. Proof of notice or provision of orders may be provided

16  by certified mail with a signed return receipt.

17         (8)(7)  Service of the summons and service of

18  pleadings, papers, and notices subsequent to the summons on

19  persons outside this state must be made pursuant to s.

20  61.1312.

21         (9)(8)  It is not necessary to the validity of a

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

23  their identity or residence is unknown after a diligent search

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

25  affidavit of diligent search prepared by the person who made

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

27  guardian ad litem or legal counsel for the child.

28         (10)(9)  When an affidavit of diligent search has been

29  filed under subsection (8), the petitioner shall continue to

30  search for and attempt to serve the person sought until

31  excused from further search by the court. The petitioner shall

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  1  report on the results of the search at each court hearing

  2  until the person is identified or located or further search is

  3  excused by the court.

  4         (11)(10)  Service by publication shall not be required

  5  for dependency hearings and the failure to serve a party or

  6  give notice to a participant shall not affect the validity of

  7  an order of adjudication or disposition if the court finds

  8  that the petitioner has completed a diligent search for that

  9  party.

10         (12)(11)  Upon the application of a party or the

11  petitioner, the clerk or deputy clerk shall issue, and the

12  court on its own motion may issue, subpoenas requiring

13  attendance and testimony of witnesses and production of

14  records, documents, and other tangible objects at any hearing.

15         (13)(12)  All process and orders issued by the court

16  shall be served or executed as other process and orders of the

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

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

19  or legal counsel for the child.

20         (14)(13)  Subpoenas may be served within the state by

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

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

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

24  counsel for the child.

25         (15)(14)  No fee shall be paid for service of any

26  process or other papers by an agent of the department, or the

27  guardian ad litem, or legal counsel for the child. If any

28  process, orders, or any other papers are served or executed by

29  any sheriff, the sheriff's fees shall be paid by the county.

30         (16)(15)  A party who is identified as a person with

31  mental illness or with a developmental disability must be

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  1  informed by the court of the availability of advocacy services

  2  through the department, the Association for Retarded Citizens,

  3  or other appropriate mental health or developmental disability

  4  advocacy groups and encouraged to seek such services.

  5         (17)(16)  If the party to whom an order is directed is

  6  present or represented at the final hearing, service of the

  7  order is not required.

  8         (18)(17)  The parent or legal custodian of the child,

  9  the attorney for the department, the guardian ad litem, the

10  child, and all other parties and participants shall be given

11  reasonable notice of all hearings provided for under this

12  part.

13         (19)(18)  In all proceedings under this part, the court

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

15  the child, and the child's guardian ad litem, at the

16  conclusion of any hearing, a written notice containing the

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

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

19  the court.

20         Section 18.  Subsections (1) and (4) of section 39.504,

21  Florida Statutes, are amended to read:

22         39.504  Injunction pending disposition of petition;

23  penalty.--

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

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

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

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

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

29  child through the guardian ad litem or legal counsel, or other

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

31

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

  2  abuse or any unlawful sexual offense involving a child.

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

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

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

  6  likelihood of such abuse or offense occurring based upon a

  7  recent overt act or failure to act.

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

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

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

11  is not the respondent, the guardian ad litem, and to any law

12  enforcement agency having jurisdiction to enforce such

13  injunction. Upon delivery of the injunction to the appropriate

14  law enforcement agency, the agency shall have the duty and

15  responsibility to enforce the injunction.

16         Section 19.  Section 39.505, Florida Statutes, is

17  amended to read:

18         39.505  No answer required.--No answer to the petition

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

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

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

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

23  such person may choose. Notwithstanding the filing of an

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

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

26  counsel and shall be given an opportunity to deny the

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

28  to allegations in the petition before the court.

29         Section 20.  Subsection (1) of section 39.510, Florida

30  Statutes, is amended to read:

31         39.510  Appeal.--

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

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

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

  4  appropriate district court of appeal within the time and in

  5  the manner prescribed by the Florida Rules of Appellate

  6  Procedure. Appointed counsel shall be compensated as provided

  7  in this chapter.

  8         Section 21.  Paragraphs (a) and (d) of subsection (1),

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

10  39.521, Florida Statutes, are amended to read:

11         39.521  Disposition hearings; powers of disposition.--

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

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

14  petition for dependency were proven in the adjudicatory

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

16  to the finding of dependency or admitted the allegations in

17  the petition, have failed to appear for the arraignment

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

19  a diligent search having been conducted.

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

21  prepared by an authorized agent of the department must be

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

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

24  program, if the program has been appointed, and provided to

25  all other parties, not less than 72 hours before the

26  disposition hearing. All such case plans must be approved by

27  the court. If the court does not approve the case plan at the

28  disposition hearing, the court must set a hearing within 30

29  days after the disposition hearing to review and approve the

30  case plan.

31

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

  2  disposition, include all of the following:

  3         1.  The placement or custody of the child.

  4         2.  Special conditions of placement and visitation.

  5         3.  Evaluation, counseling, treatment activities, and

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

  7         4.  The persons or entities responsible for supervising

  8  or monitoring services to the child and parent.

  9         5.  Continuation or discharge of the guardian ad litem

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

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

12  pursuant to this section before termination of supervision by

13  the department unless other legal representation is provided

14  for the child.

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

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

17         a.  Ninety days after the disposition hearing;

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

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

20  hearing; or

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

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

23  the child's removal from the home.

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

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

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

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

28  The court may exercise jurisdiction over all child support

29  matters, shall adjudicate the financial obligation, including

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

31  shall enforce the financial obligation as provided in chapter

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

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

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

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

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

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

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

  8  shall include the reasons for such a decision and shall

  9  include a determination as to whether diligent efforts were

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

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

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

13  placement with the department.

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

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

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

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

18  court, both the department and the court shall consider

19  transferring temporary legal custody to an adult relative

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

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

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

23  placement.

24

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

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

27  diligent search for a parent, but without the continuing

28  obligation to search after an initial adequate search is

29  completed.

30         9.  Other requirements necessary to protect the health,

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

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

  2  preservation or reunification whenever possible.

  3         (5)

  4         (b)  The results of the assessment described in

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

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

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

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

  9  with special reference regarding the stability of the

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

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

12  guardian ad litem prior to the judicial review.

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

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

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

16  terminate its jurisdiction or the department's supervision

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

18  court shall determine whether its jurisdiction should be

19  continued or terminated in such a case after consideration of

20  based on a report of the department or agency, report of or

21  the child's guardian ad litem, or any testimony of the child,

22  and any other relevant factors; if its jurisdiction is to be

23  terminated, the court shall enter an order to that effect.

24         Section 22.  Paragraph (a) of subsection (2), paragraph

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

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

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

28         39.701  Judicial review.--

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

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

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

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

  2  hearing upon the child's request or when, based on the child's

  3  age, capacity, or other condition, the court determines that

  4  the child's attendance would be meaningless, physically

  5  dangerous, or emotionally detrimental to the child. The court,

  6  but may not dispense with the hearing or the presence of other

  7  parties to the review unless before the review a hearing is

  8  held before a citizen review panel.

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

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

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

12         (d)  The child and guardian ad litem for the child, or

13  the representative of the guardian ad litem program if the

14  program has been appointed.

15

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

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

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

19  the hearing was announced.

20         (6)

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

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

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

24  the foster parents or legal custodians; to the child and the

25  guardian ad litem, unless the guardian ad litem prepared the

26  report; and to the citizen review panel, at least 72 hours

27  before the judicial review hearing or citizen review panel

28  hearing. The requirement for providing parents with a copy of

29  the written report does not apply to those parents who have

30  voluntarily surrendered their child for adoption or who have

31  had their parental rights to the child terminated.

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

  2  placed with the social service agency, the agency shall

  3  furnish to the court a written report concerning the progress

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

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

  6  by the child towards alternative permanency goals or

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

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

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

10  submitted to the court and all parties as provided in

11  paragraph (b) at least 72 hours before each scheduled judicial

12  review.

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

14  into consideration the information contained in the social

15  services study and investigation and all medical,

16  psychological, and educational records that support the terms

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

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

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

20  any other person deemed appropriate; and any relevant and

21  material evidence submitted to the court, including written

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

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

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

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

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

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

28  shall seek to determine:

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

30  assistance from any person or social service agency in the

31  preparation of the case plan.

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

  2  have counsel present at the judicial review or citizen review

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

  4  shall advise the parent of such right.

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

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

  7  previously been appointed or if there is a need to continue a

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

  9  been appointed.

10         (c)(d)  The compliance or lack of compliance of all

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

12  parents' compliance with child support orders.

13         (d)(e)  The compliance or lack of compliance with a

14  visitation contract between the parent and the social service

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

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

17  reason for any noncompliance.

18         (e)(f)  The compliance or lack of compliance of the

19  parent in meeting specified financial obligations pertaining

20  to the care of the child, including the reason for failure to

21  comply if such is the case.

22         (f)(g)  The appropriateness of the child's current

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

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

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

26  special needs, and including maintaining stability in the

27  child's educational placement.

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

29  home or other permanent placement.

30         (h)(i)  When appropriate, the basis for the

31  unwillingness or inability of the parent to become a party to

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  1  a case plan. The court and the citizen review panel shall

  2  determine if the efforts of the social service agency to

  3  secure party participation in a case plan were sufficient.

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

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

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

  7  service agency shall initiate proceedings to have a child

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

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

10  of time, or initiate termination of parental rights

11  proceedings for subsequent placement in an adoptive home. The

12  court must determine whether a guardian ad litem or legal

13  counsel needs to be appointed for the child in a case in which

14  a guardian ad litem or legal counsel has not previously been

15  appointed or when there is a need to continue a guardian ad

16  litem or legal counsel in a case in which a guardian ad litem

17  or legal counsel has been appointed. The court may also

18  determine whether the current placement of the child is

19  appropriate to protect the child's safety; well-being; and

20  physical, mental, and emotional health. Modifications to the

21  plan must be handled as prescribed in s. 39.601. If the court

22  finds that the prevention or reunification efforts of the

23  department will allow the child to remain safely at home or be

24  safely returned to the home, the court shall allow the child

25  to remain in or return to the home after making a specific

26  finding of fact that the reasons for the creation of the case

27  plan have been remedied to the extent that the child's safety,

28  well-being, and physical, mental, and emotional health will

29  not be endangered.

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

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

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

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

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

  4  and any other competent information on record demonstrating

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

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

  7  findings concerning the frequency of past parent-child

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

  9  or restriction of future visitation. Modifications to the plan

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

11  case plan must comply with the time requirements and other

12  requirements specified by this chapter.

13         Section 23.  Paragraph (a) of subsection (3) and

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

15  are amended to read:

16         39.801  Procedures and jurisdiction; notice; service of

17  process.--

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

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

20  following requirements must be met:

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

22  advisory hearing for the petition to terminate parental rights

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

24  following persons, specifically notifying them that a petition

25  has been filed:

26         1.  The parents of the child.

27         2.  The legal custodians of the child.

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

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

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

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

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  1         5.  Any grandparent entitled to priority for adoption

  2  under s. 63.0425.

  3         6.  Any prospective parent who has been identified

  4  under s. 39.503 or s. 39.803.

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

  6  or the representative of the guardian ad litem program, if the

  7  program has been appointed.

  8

  9  The document containing the notice to respond or appear must

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

11  of the document, the following or substantially similar

12  language:  "FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY

13  HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL

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

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

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

17  ATTACHED TO THIS NOTICE."

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

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

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

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

22  or the child.

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

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

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

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

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

28         Section 24.  Subsection (1) of section 39.802, Florida

29  Statutes, is amended to read:

30         39.802  Petition for termination of parental rights;

31  filing; elements.--

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  1         (1)  All proceedings seeking an adjudication to

  2  terminate parental rights pursuant to this chapter must be

  3  initiated by the filing of an original petition by the

  4  department, the child through legal counsel appointed pursuant

  5  to s. 39.8226, the guardian ad litem,  or any other person who

  6  has knowledge of the facts alleged or is informed of them and

  7  believes that they are true.

  8         Section 25.  Section 39.805, Florida Statutes, is

  9  amended to read:

10         39.805  No answer required.--No answer to the petition

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

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

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

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

15  choose. Notwithstanding the filing of any answer or any

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

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

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

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

20  to allegations in the petition before the court.

21         Section 26.  Subsection (1) of section 39.806, Florida

22  Statutes, is amended to read:

23         39.806  Grounds for termination of parental rights.--

24         (1)  The department, the child through legal counsel

25  appointed pursuant to s. 39.8226, the guardian ad litem, or

26  any person who has knowledge of the facts alleged or who is

27  informed of those facts and believes that they are true may

28  petition for the termination of parental rights under any of

29  the following circumstances:

30         (a)  When the parent or parents have voluntarily

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

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

  2  department for subsequent adoption and the department is

  3  willing to accept custody of the child.

  4         1.  The surrender document must be executed before two

  5  witnesses and a notary public or other person authorized to

  6  take acknowledgments.

  7         2.  The surrender and consent may be withdrawn after

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

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

10  duress.

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

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

13  cannot be ascertained by diligent search within 60 days.

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

15  toward the child or toward other children that demonstrates

16  that the continuing involvement of the parent or parents in

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

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

19  child irrespective of the provision of services. Provision of

20  services may be evidenced by proof that services were provided

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

22  welfare agency.

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

24  state or federal correctional institution and either:

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

26  to be incarcerated will constitute a substantial portion of

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

28  years;

29         2.  The incarcerated parent has been determined by the

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

31  775.084, a habitual violent felony offender as defined in s.

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  1  775.084, or a sexual predator as defined in s. 775.21; has

  2  been convicted of first degree or second degree murder in

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

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

  5  or has been convicted of an offense in another jurisdiction

  6  which is substantially similar to one of the offenses listed

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

  8  "substantially similar offense" means any offense that is

  9  substantially similar in elements and penalties to one of

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

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

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

13  possession or territory thereof, or any foreign jurisdiction;

14  or

15         3.  The court determines by clear and convincing

16  evidence that continuing the parental relationship with the

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

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

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

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

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

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

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

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

25  substantially comply for a period of 12 months after an

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

27  placement into shelter care, whichever came first, constitutes

28  evidence of continuing abuse, neglect, or abandonment unless

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

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

31  the failure of the department to make reasonable efforts to

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

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

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

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

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

  6  reunification with the parent, whichever came first.

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

  8  conduct or had the opportunity and capability to prevent and

  9  knowingly failed to prevent egregious conduct that threatens

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

11  the child or the child's sibling.

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

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

14  parent or parents regardless of whether the child is related

15  legally or by consanguinity.

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

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

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

19  or outrageous by a normal standard of conduct. Egregious

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

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

22  endanger the life of the child.

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

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

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

26  chronic abuse.

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

28  or voluntary manslaughter of another child, or a felony

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

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

31

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  1  solicited to commit such a murder or voluntary manslaughter or

  2  felony assault.

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

  4  sibling have been terminated involuntarily.

  5         Section 27.  Subsection (2) of section 39.807, Florida

  6  Statutes, is amended to read:

  7         39.807  Right to counsel; guardian ad litem.--

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

  9  legal counsel, or both, to represent the best interest of the

10  child in any proceedings for termination of parental rights as

11  provided in s. 39.013 proceedings and shall ascertain at each

12  stage of the proceedings whether a guardian ad litem or legal

13  counsel has been appointed.

14         (b)  The guardian ad litem has the following

15  responsibilities:

16         1.  To investigate the allegations of the petition and

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

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

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

20  recommendations of the guardian ad litem and must be provided

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

22  disposition hearing.

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

24  by the court.

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

26  the jurisdiction of the court over the child terminates or

27  until excused by the court.

28         (c)  A guardian ad litem is not required to post bond

29  but shall file an acceptance of the office.

30

31

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  1         (d)  A guardian ad litem is entitled to receive service

  2  of pleadings and papers as provided by the Florida Rules of

  3  Juvenile Procedure.

  4         (b)(e)  This subsection does not apply to any voluntary

  5  relinquishment of parental rights proceeding.

  6         Section 28.  Subsection (2) of section 39.808, Florida

  7  Statutes, is amended to read:

  8         39.808  Advisory hearing; pretrial status conference.--

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

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

11  parties in accordance with legal requirements, and shall

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

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

14         Section 29.  Subsections (10) and (11) of section

15  39.810, Florida Statutes, are amended to read:

16         39.810  Manifest best interests of the child.--In a

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

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

19  This consideration shall not include a comparison between the

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

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

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

23  court shall consider and evaluate all relevant factors,

24  including, but not limited to:

25         (10)  The expressed interests reasonable preferences

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

27  sufficient intelligence, understanding, and experience to

28  express a preference.

29         (11)  Any information related to subsections (1)

30  through (10) which is provided by the guardian ad litem and,

31  when requested by the court, any The recommendations for the

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  1  child provided by the child's guardian ad litem or legal

  2  representative.

  3         Section 30.  Subsections (1) and (9) of section 39.811,

  4  Florida Statutes, are amended to read:

  5         39.811  Powers of disposition; order of disposition.--

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

  7  termination of parental rights have not been established by

  8  clear and convincing evidence, the court shall:

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

10  adjudicate or readjudicate the child dependent and:

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

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

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

14  parents. The court shall retain jurisdiction over a child

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

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

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

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

19  shall make a determination as to whether its jurisdiction

20  shall continue or be terminated.

21         (b)  If grounds for dependency have not been

22  established, dismiss the petition.

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

24  shall retain jurisdiction over any child for whom custody is

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

26  The court shall review the status and, pursuant to s.

27  39.701(8)(a), the appropriateness of the child's placement and

28  the progress being made toward permanent adoptive placement.

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

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

31

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  1  court may review the appropriateness of the adoptive placement

  2  of the child.

  3         Section 31.  Section 39.820, Florida Statutes, is

  4  amended to read:

  5         39.820  Definitions.--As used in the Florida Statutes

  6  this part, the term:

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

  8  criminal proceeding includes the following: a Circuit Office

  9  of Children's Representation as represented by the staff or

10  volunteers appointed by the Circuit Office of Children's

11  Representation to provide the best-interest representation to

12  the child, certified guardian ad litem program, a duly

13  certified volunteer, a staff attorney, contract attorney, or

14  certified pro bono attorney working on behalf of a guardian ad

15  litem or the program; staff members of a program office; a

16  court-appointed attorney; or a responsible adult who is

17  appointed by the court to represent the best interests of a

18  child in a proceeding as provided for by law, including, but

19  not limited to, this chapter, who is a party to any judicial

20  proceeding as a representative of the child, and who serves

21  until discharged by the court.

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

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

24  pursuant to the provisions of this part.

25         Section 32.  Section 39.821, Florida Statutes, is

26  amended to read:

27         39.821  Qualifications of guardians ad litem.--

28         (1)  Because of the special trust or responsibility

29  placed in a guardian ad litem and the staff of the Circuit

30  Office of Children's Representation representing children in

31  proceedings under chapter 39, the Circuit Office of Children's

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  1  Representation Guardian Ad Litem Program may use any private

  2  funds collected by the program, or any state funds so

  3  designated, to conduct a security background investigation

  4  before certifying a volunteer or staff member to serve. A

  5  security background investigation must include, but need not

  6  be limited to, employment history checks, checks of

  7  references, local criminal records checks through local law

  8  enforcement agencies, and statewide criminal records checks

  9  through the Department of Law Enforcement. Upon request, an

10  employer shall furnish a copy of the personnel record for the

11  employee or former employee who is the subject of a security

12  background investigation conducted under this section. The

13  information contained in the personnel record may include, but

14  need not be limited to, disciplinary matters and the reason

15  why the employee was terminated from employment. An employer

16  who releases a personnel record for purposes of a security

17  background investigation is presumed to have acted in good

18  faith and is not liable for information contained in the

19  record without a showing that the employer maliciously

20  falsified the record. A security background investigation

21  conducted under this section must ensure that a person is not

22  certified as a guardian ad litem or hired as a staff member of

23  a Circuit Office of Children's Representation to represent

24  children in proceedings under chapter 39 if the person has

25  been convicted of, regardless of adjudication, or entered a

26  plea of nolo contendere or guilty to, any offense prohibited

27  under the provisions of the Florida Statutes specified in s.

28  435.04(2) or under any similar law in another jurisdiction.

29  Before certifying an applicant to serve as a guardian ad litem

30  or as a staff member of a Circuit Office of Children's

31  Representation to represent children in proceedings under

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  1  chapter 39, the Circuit Office of Children's Representation

  2  chief judge of the circuit court may request a federal

  3  criminal records check of the applicant through the Federal

  4  Bureau of Investigation. In analyzing and evaluating the

  5  information obtained in the security background investigation,

  6  the office program must give particular emphasis to past

  7  activities involving children, including, but not limited to,

  8  child-related criminal offenses or child abuse. The office

  9  program has the sole discretion in determining whether to

10  certify a person based on his or her security background

11  investigation. The information collected pursuant to the

12  security background investigation is confidential and exempt

13  from s. 119.07(1).

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

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

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

17  or a licensed professional who has undergone a comparable

18  security background investigation as a condition of licensure

19  within 5 years before of applying for certification as a

20  guardian ad litem or as a staff member of a Circuit Office of

21  Children's Representation representing children in proceedings

22  under chapter 39.

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

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

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

26  false statement, misrepresentation, impersonation, or other

27  fraudulent means, to disclose in any application for a

28  volunteer position or for paid employment with a Circuit

29  Office of Children's Representation to represent children in

30  proceedings under chapter 39 the Guardian Ad Litem Program,

31

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  1  any material fact used in making a determination as to the

  2  applicant's qualifications for such position.

  3         Section 33.  Section 39.822, Florida Statutes, is

  4  amended to read:

  5         39.822  Appointment of guardian ad litem for abused,

  6  abandoned, or neglected child.--

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

  8  representative of a Circuit Office of Children's

  9  Representation, must be an individual investigated by the

10  Circuit Office of Children's Representation and appointed by

11  the court for one specific case, or must be an attorney who is

12  a member in good standing of The Florida Bar. Before

13  appointing an individual under this chapter, the court shall

14  request the Circuit Office of Children's Representation to

15  conduct a security background investigation as provided in s.

16  39.821. A guardian ad litem who is not an attorney and who is

17  investigated for the limited representation in a case must be

18  represented by legal counsel in all proceedings related to the

19  child. shall be appointed by the court at the earliest

20  possible time to represent the child in any child abuse,

21  abandonment, or neglect judicial proceeding, whether civil or

22  criminal. Any person participating in a civil or criminal

23  judicial proceeding resulting from such appointment shall be

24  presumed prima facie to be acting in good faith and in so

25  doing shall be immune from any liability, civil or criminal,

26  that otherwise might be incurred or imposed.

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

28  financially able, the parent or parents of the child shall pay

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

30  provision of guardian ad litem services and legal services.

31  Reimbursement for services contracted through a Circuit Office

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  1  of Children's Representation to the individual providing

  2  guardian ad litem services shall not be contingent upon

  3  successful collection by the court from the parent or parents.

  4         (3)  When a child and the child's parents are indigent

  5  under s. 27.52, the Circuit Office of Children's

  6  Representation shall be appointed to represent the child.

  7         (4)(3)  In proceedings under this chapter, the guardian

  8  ad litem or the program representative of the Circuit Office

  9  of Children's Representation shall review all disposition

10  recommendations and changes in placements, and must be present

11  at all critical stages of the dependency proceeding and shall

12  or submit a written report of findings in proceedings to

13  determine dependency and to terminate parental rights and may

14  submit a report of findings in other proceedings and when

15  requested by the court, the guardian ad litem may submit

16  recommendations to the court. Written reports must be filed

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

18  known at least 72 hours prior to the hearing.

19         Section 34.  Section 39.8225, Florida Statutes, is

20  created to read:

21         39.8225  Guardians ad litem; powers, duties, and

22  authority.--

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

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

25  to protect the best interest of the child.

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

27  of Juvenile Procedure for dependency proceedings, the guardian

28  ad litem shall represent the best interest of the child after

29  investigating the allegations in the pleadings and the needs

30  of the child, after discussing the allegations with the child

31  and legal counsel, and after giving significant weight to the

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  1  expressed interests of the child. The guardian ad litem, other

  2  than a representative of a Circuit Office of Children's

  3  Representation, must be represented by an attorney.

  4         (3)  The guardian ad litem shall investigate the

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

  6  the case and the guardian ad litem, in his or her

  7  investigation, shall:

  8         (a)  Visit and when possible discuss the case with the

  9  child.

10         (b)  When appropriate for the representation, observe

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

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

13  permanent placement when there is one; and, when appropriate,

14  observe his or her socialization skills at school or other

15  care facilities.

16         (c)  Conduct interviews with persons involved with the

17  child or related to the case, including, but not limited to,

18  when appropriate for the representation, an interview with the

19  child's parent, guardian, custodian, teacher, or foster

20  family; medical professionals treating or evaluating the

21  child; other caretakers or proposed adoptive parents; staff

22  members of the Department of Children and Family Services or

23  the Department of Juvenile Justice; law enforcement personnel

24  who are involved in the case; and any other person whom the

25  guardian ad litem and the attorney determines appropriate.

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

27  psychological reports relevant to understanding the facts of

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

29  participants in the proceeding. However, the attorney client

30  privilege and the work-product privilege may be claimed by

31  legal counsel on behalf of their clients.

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  1         (4)  The guardian ad litem and the attorney shall

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

  3  or other proceeding unless the court has excused the child's

  4  presence in court pursuant to court order under 39.01(51). If

  5  the child is of an age and capacity to understand, the

  6  proceeding must be explained to the child in language

  7  appropriate to the child's age, education, and comprehension

  8  ability, and the child shall be offered the opportunity to

  9  attend the proceeding.

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

11  discuss with legal counsel information on all observations,

12  documentation obtained, and factual information the guardian

13  ad litem believes that the court should have in order to make

14  a best-interest determination for the child regarding the

15  issues before the court. If a Circuit Office of Children's

16  Representation is providing representation, the information

17  may be discussed with representatives of the office, as

18  required by office procedures. After reviewing the information

19  and consulting with the child and, when appropriate, with

20  staff members of the Circuit Office of Children's

21  Representation, the attorney and the guardian ad litem shall

22  determine the best manner in which to provide the court with

23  all information necessary for the court to know the child,

24  know the expressed interests of the child, and determine what

25  is in the best interest of the child. In every case the court

26  must be informed of the expressed interest of the child

27  related to the proceeding. When the law requires a written

28  report, the guardian ad litem and counsel shall provide the

29  information to the court as required by law. 

30         (6)  If a written report is not required to include

31  recommendations, the guardian ad litem must be prepared to

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  1  present the court with a recommendation as to the best

  2  interest of the child based on what the child would want if he

  3  or she could, using adult judgment and knowledge, evaluate the

  4  available information and make a request to the court.

  5         (7)  When a guardian ad litem is appointed, the court

  6  may issue an order directing persons and entities contacted by

  7  the guardian ad litem to allow the guardian ad litem to

  8  inspect and copy any documents related to the child, the

  9  child's parents, or other custodial persons or any household

10  member with whom the child resided, currently resides, or is

11  proposed to reside or any person who is otherwise related to

12  the allegation in the pleadings. The guardian ad litem,

13  through counsel, may also petition the court for an order

14  directed to a specified person, agency, or organization,

15  including, but not limited to, a hospital, medical doctor,

16  dentist, psychologist, or psychiatrist, which order directs

17  that the guardian ad litem be allowed to inspect and copy any

18  records or documents that relate to the minor child, the

19  child's parent or other custodial person, or any household

20  member with whom the child resides. An order based on a

21  petition shall be obtained only after notice to all parties

22  and a hearing thereon.

23         (8)  The guardian ad litem shall submit his or her

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

25  any stipulation or agreement, whether incidental, temporary,

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

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

28  agreement is served upon the guardian ad litem or as directed

29  by the court.

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

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

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

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

  3  psychiatrist, psychologist, or other mental health

  4  professional.

  5         (10)  The guardian ad litem may, unless a report is

  6  otherwise required by law, file a written report that may

  7  include recommendations and shall include any expressed

  8  interests of the child. When a report is filed, it must be

  9  filed and served on all parties at least 20 days before the

10  hearing at which it will be presented, unless the court waives

11  the time limit or the law requiring the report specifies a

12  different time.

13         (11)  The guardian ad litem must be provided with

14  copies of all pleadings, notices, and other documents filed in

15  the action and is entitled to reasonable notice before any

16  action affecting the child is taken by any of the parties,

17  their counsel, or the court.

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

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

20  relief which the guardian ad litem considers appropriate or

21  necessary in furtherance of the guardian's representation of

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

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

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

25  compel the attendance of witnesses.

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

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

28         (14)  A guardian ad litem is not required to post bond

29  but shall file an acceptance of the office.

30

31

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  1         (15)  A guardian ad litem is entitled to receive

  2  service of pleadings and papers as provided by the Florida

  3  Rules of Procedure applicable to the case.

  4         Section 35.  Section 39.8226, Florida Statutes, is

  5  created to read:

  6         39.8226  Legal counsel for a child.--

  7         (1)  The court may appoint counsel to represent the

  8  expressed interest of a child, in lieu of or in addition to a

  9  guardian ad litem, in any dependency case related to the

10  child, if the court determines that the child is of an age and

11  capacity to participate in his or her representation and the

12  child or the child's parents or guardian can pay for the

13  representation.

14         (2)(a)  If a Circuit Office of Children's

15  Representation has been appointed to represent the child, the

16  court may appoint counsel to represent the expressed interest

17  of a child, in lieu of or in addition to a guardian ad litem,

18  only if the court finds that the child is of an age and

19  capacity to participate in his or her representation and

20  either the expressed interests of the child and the

21  best-interest representation by the guardian ad litem do not

22  coincide or the complexity of the pending case or other legal

23  actions suggest that representation for the child is

24  appropriate.

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

26  representation and the expressed interests of the child do not

27  coincide, the Circuit Office of Children's Representation must

28  petition the court for a review to determine whether the

29  provisions of paragraph (a) have been met, whether the child

30  wants independent counsel and whether the child wants or it is

31  appropriate or required under the law for a guardian ad litem

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  1  to continue to represent the best interest of the child in

  2  some or all issues.

  3         (3)  Upon petition of the Circuit Office of Children's

  4  Representation, the court may appoint independent counsel to

  5  represent the child in collateral issues if the office does

  6  not have the expertise to provide appropriate representation.

  7  The petition must address whether the guardian ad litem will

  8  continue to represent the best interest of the child in any or

  9  all proceedings.

10         Section 36.  Section 39.84, Florida Statutes, is

11  created to read:

12         39.84  Guardians ad litem; confidentiality.--The

13  guardian ad litem shall maintain as confidential all

14  information and documents received from any source and may not

15  disclose such information or documents except, as provided by

16  law or Florida rules of evidence and procedure, in testimony

17  or a report to the court. When a report is filed with the

18  court, it must be served upon the parties to the action and

19  their counsel or as directed by the court.

20         Section 37.  Section 39.86, Florida Statutes, is

21  created to read:

22         39.86  Guardians ad litem and psychologists;

23  immunity.--Any person participating in a judicial proceeding

24  as a guardian ad litem, as staff or a volunteer representing

25  the Circuit Office of Children's Representation in a

26  proceeding under this chapter, or a court-appointed

27  psychologist shall be presumed prima facie to be acting in

28  good faith, and, in so doing, shall be immune from any

29  liability, civil or criminal, that otherwise might be incurred

30  or imposed.

31

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  1         Section 38.  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 Statewide Public Guardianship Office for expenditure to

  8  represent children in dependency proceeding the 26 U.S.C. s.

  9  501(c)(3) organization specified by the guardian ad litem

10  program or to a domestic violence shelter as specified

11  annually on a rotating basis by the clerk of court in the

12  circuit for the juror's county of residence. The funds

13  collected may not reduce or offset the amount of compensation

14  that the guardian ad litem program or domestic violence

15  shelter would otherwise receive from the state. The clerk of

16  court shall ensure that all jurors are given written notice at

17  the conclusion of their service that they have the option to

18  so donate their compensation, and that the applicable program

19  specified by the guardian ad litem program or a domestic

20  violence shelter receives all funds donated by the jurors.

21  Any guardian ad litem program receiving donations of juror

22  compensation must expend such moneys on services for children

23  for whom guardians ad litem have been appointed.

24         Section 39.  Paragraph (a) of subsection (6) of section

25  215.5601, Florida Statutes, is amended to read:

26         215.5601  Lawton Chiles Endowment Fund.--

27         (6)  ADVISORY COUNCIL.--The Lawton Chiles Endowment

28  Fund Advisory Council is established for the purpose of

29  reviewing the funding priorities of the state agencies,

30  evaluating their requests against the mission and goals of the

31

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  1  agencies and legislative intent for the use of endowment

  2  funds, and allowing for public input and advocacy.

  3         (a)  The advisory council shall consist of 15 members,

  4  including:

  5         1.  The director of the United Way of Florida, Inc., or

  6  his or her designee;

  7         2.  The director of the Foster Parents Association, or

  8  his or her designee;

  9         3.  The chair of the Department of Elderly Affairs

10  Advisory Council, or his or her designee;

11         4.  The president of the Florida Association of Area

12  Agencies on Aging, or his or her designee;

13         5.  The State Long-Term Care Ombudsman, or his or her

14  designee;

15         6.  The state director of the Florida AARP, or his or

16  her designee;

17         7.  The director of the Florida Pediatric Society, or

18  his or her designee;

19         8.  The Director of the Statewide Public Guardianship

20  Office A representative of the Guardian Ad Litem Program,

21  appointed by the Governor;

22         9.  A representative of a child welfare lead agency for

23  community-based care, appointed by the Governor;

24         10.  A representative of an elder care lead agency for

25  community-based care, appointed by the Governor;

26         11.  A representative of a statewide child advocacy

27  organization, appointed by the Governor;

28         12.  One consumer caregiver for children, appointed by

29  the Governor;

30         13.  One person over the age of 60 years to represent

31  the interests of elders, appointed by the Governor;

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  1         14.  One person under the age of 18 years to represent

  2  the interests of children, appointed by the Governor; and

  3         15.  One consumer caregiver for a functionally impaired

  4  elderly person, appointed by the Governor.

  5         Section 40.  Subsection (12) of section 985.308,

  6  Florida Statutes, is amended to read:

  7         985.308  Juvenile sexual offender commitment programs;

  8  sexual abuse intervention networks.--

  9         (12)  Membership of a sexual abuse intervention network

10  shall include, but is not limited to, representatives from:

11         (a)  Local law enforcement agencies;

12         (b)  Local school boards;

13         (c)  Child protective investigators;

14         (d)  The office of the state attorney;

15         (e)  The office of the public defender;

16         (f)  The juvenile division of the circuit court;

17         (g)  Professionals licensed under chapter 458, chapter

18  459, s. 490.0145, or s. 491.0144 providing treatment for

19  juvenile sexual offenders or their victims;

20         (h)  The Statewide Public Guardianship Office guardian

21  ad litem program;

22         (i)  The Department of Juvenile Justice; and

23         (j)  The Department of Children and Family Services.

24         Section 41.  This act shall take effect October, 1,

25  2002.

26

27

28

29

30

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                          CS for SB 686

  3

  4  Transfers the guardian ad litem program to the Statewide
    Public Guardianship Office and renames each circuit guardian
  5  ad litem office as the Circuit Office of Children's
    Representation.
  6
    Establishes the Deputy Director for Children's Representation
  7  (must be an attorney, knowledgeable about dependency law, and
    have management experience) who will be hired by the Director
  8  of the Statewide Public Guardianship Office.

  9  Directs the Statewide Public Guardianship Office to study the
    organizational placement of that Office and make
10  recommendations to the Legislature by February 1, 2003.

11  Authorizes the public defender to represent a child's express
    interests when that child is determined to need independent
12  counsel.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

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