Senate Bill sb1080c1

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    Florida Senate - 2006                           CS for SB 1080

    By the Committee on Children and Families





    586-1702-06

  1                      A bill to be entitled

  2         An act relating to child protective services;

  3         amending s. 39.01, F.S.; revising definitions

  4         relating to child protective services; amending

  5         s. 39.013, F.S.; removing provisions relating

  6         to continuances; creating s. 39.0136, F.S.;

  7         providing for time limitations in child

  8         protective cases; providing exceptions;

  9         creating s. 39.0137; providing that state laws

10         do not supersede certain federal laws;

11         requiring the Department of Children and Family

12         Services to adopt rules; creating s. 39.0138,

13         F.S.; authorizing the department to conduct

14         criminal background record checks of persons

15         being considered as prospective foster parents;

16         providing for exemptions from disqualifications

17         to care for a dependent child; providing that a

18         court may review the granting or denial of an

19         exemption from disqualification to care for a

20         dependent child; amending s. 39.201, F.S.;

21         requiring that any person who knows or suspects

22         that a child is in need of supervision and care

23         and has no parent, legal custodian, or

24         responsible adult relative immediately known

25         and available to provide supervision and care,

26         must report this information to the central

27         abuse hotline of the Department of Children and

28         Family Services; amending s. 39.301, F.S.;

29         providing that the department may rely upon a

30         previous report to indicate that child abuse

31         has occurred; redefining the term "criminal

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 1         conduct" to include a child who is known or

 2         suspected to be a victim of human trafficking;

 3         requiring each child protective investigator to

 4         inform the person who is the subject of a child

 5         protective investigation that he or she has a

 6         duty to report any change in the residence or

 7         location of the child to the investigator and

 8         that the duty to report continues until the

 9         investigation is closed; providing that if the

10         child has moved to a different residence or

11         location, a report may be filed with a law

12         enforcement agency under certain circumstances;

13         amending 39.303, F.S.; conforming provisions to

14         changes made by the act; amending s. 39.402,

15         F.S.; requiring that a shelter hearing order

16         contain specified information relating to the

17         availability of services to prevent removal

18         from the home; amending s. 39.507, F.S.;

19         requiring the court to inquire of the parents

20         whether the parents have relatives who might be

21         considered as a placement for the child;

22         directs the court to advise the parents that,

23         if the child is not returned to their custody

24         within 12 months, their parental rights may be

25         terminated; amending s. 39.5085, F.S.;

26         conforming provisions to changes made by the

27         act; correcting cross-references; amending s.

28         39.522, F.S.; requiring the court to consider

29         the continuity of the child's placement in the

30         same out-of-home residence as a factor when

31         determining the best interests of the child in

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 1         a postdisposition proceeding to modify custody;

 2         creating s. 39.6011, F.S.; providing procedures

 3         for drafting and implementing a case plan;

 4         requiring the department to prepare a case plan

 5         for each child receiving services from the

 6         department; requiring certain face-to-face

 7         meetings; creating s. 39.6012, F.S.; providing

 8         for case plan tasks and services; providing the

 9         content for the case plan; creating s. 39.6013,

10         F.S.; providing for amendments to a case plan;

11         describing the circumstance under which a case

12         plan may be modified; amending s. 39.603, F.S.;

13         requiring that case plans and amendments be

14         approved by the court; amending s. 39.621,

15         F.S.; declaring that time is of the essence for

16         a child in the dependency system; providing

17         prehearing procedures; providing for permanency

18         hearings; directing the court to make certain

19         findings at the permanency hearing; creating s.

20         39.6221, F.S.; providing for the permanent

21         guardianship for a dependent child; authorizing

22         the court to consider a permanent guardian as a

23         long-term option for a dependent child;

24         requiring a written order; providing for the

25         contents of the permanent guardianship order;

26         creating s. 39.6231, F.S.; providing for

27         placement with a fit and willing relative;

28         requiring the court to specify the reasons to

29         place a child with a relative; providing for

30         the department to supervise the placement for a

31         specified time period; creating s. 39.6241,

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 1         F.S.; authorizing the court to place a child in

 2         another planned permanent living arrangement

 3         under certain circumstances; amending s.

 4         39.701, F.S.; requiring that a child's current

 5         health and education records be included in the

 6         documentation for the judicial review report;

 7         requiring the court to conduct a judicial

 8         review 6 months after the child was placed in

 9         shelter care; amending s. 39.703, F.S.;

10         providing when the department may file a

11         petition for termination of parental rights;

12         prohibiting the department from filing a

13         petition under certain specified circumstances;

14         amending s. 39.806, F.S.; authorizing a

15         material breach of the case plan as a ground to

16         terminate parental rights; requiring that the

17         department show, and the court find, the

18         material breach by clear and convincing

19         evidence; amending s. 39.810, F.S.; providing

20         certain factors for the court to consider for

21         the best interest of the child; amending s.

22         39.811, F.S.; conforming provisions to changes

23         made by the act; amending ss. 39.0015, 39.205,

24         39.302, 39.828, 63.092, and 419.001, F.S.;

25         correcting cross-references; reenacting s.

26         39.802(5), F.S., relating to the filing of a

27         petition to terminate parental rights, to

28         incorporate the amendments made to s. 39.806,

29         F.S., in a reference thereto; repealing ss.

30         39.601, 39.622, 39.623, 39.624, and 435.045,

31         F.S., relating to case plan requirements,

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 1         long-term custody of a dependent child,

 2         long-term licensed custody of a dependent

 3         child, independent living, and background

 4         screening of certain persons before a dependent

 5         child is placed in their home; providing an

 6         effective date.

 7  

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

 9  

10         Section 1.  Section 39.01, Florida Statutes, is amended

11  to read:

12         39.01  Definitions.--When used in this chapter, unless

13  the context otherwise requires:

14         (1)  "Abandoned" means a situation in which the parent

15  or legal custodian of a child or, in the absence of a parent

16  or legal custodian, the caregiver responsible for the child's

17  welfare, while being able, makes no provision for the child's

18  support and makes no effort to communicate with the child,

19  which situation is sufficient to evince a willful rejection of

20  parental obligations. If the efforts of the such parent or

21  legal custodian, or caregiver primarily responsible for the

22  child's welfare, to support and communicate with the child

23  are, in the opinion of the court, only marginal efforts that

24  do not evince a settled purpose to assume all parental duties,

25  the court may declare the child to be abandoned. The term

26  "abandoned" does not include an abandoned newborn infant as

27  described in s. 383.50, a "child in need of services" as

28  defined in chapter 984, or a "family in need of services" as

29  defined in chapter 984. The incarceration of a parent, legal

30  custodian, or caregiver responsible for a child's welfare may

31  support a finding of abandonment.

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 1         (2)  "Abuse" means any willful act or threatened act

 2  that results in any physical, mental, or sexual injury or harm

 3  that causes or is likely to cause the child's physical,

 4  mental, or emotional health to be significantly impaired.

 5  Abuse of a child includes acts or omissions. Corporal

 6  discipline of a child by a parent or legal custodian for

 7  disciplinary purposes does not in itself constitute abuse when

 8  it does not result in harm to the child.

 9         (3)  "Addictions receiving facility" means a substance

10  abuse service provider as defined in chapter 397.

11         (4)  "Adjudicatory hearing" means a hearing for the

12  court to determine whether or not the facts support the

13  allegations stated in the petition in dependency cases or in

14  termination of parental rights cases.

15         (5)  "Adult" means any natural person other than a

16  child.

17         (6)  "Adoption" means the act of creating the legal

18  relationship between parent and child where it did not exist,

19  thereby declaring the child to be legally the child of the

20  adoptive parents and their heir at law, and entitled to all

21  the rights and privileges and subject to all the obligations

22  of a child born to the such adoptive parents in lawful

23  wedlock.

24         (7)  "Alleged juvenile sexual offender" means:

25         (a)  A child 12 years of age or younger who is alleged

26  to have committed a violation of chapter 794, chapter 796,

27  chapter 800, s. 827.071, or s. 847.0133; or

28         (b)  A child who is alleged to have committed any

29  violation of law or delinquent act involving juvenile sexual

30  abuse. "Juvenile sexual abuse" means any sexual behavior which

31  occurs without consent, without equality, or as a result of

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 1  coercion.  For purposes of this paragraph, the following

 2  definitions apply:

 3         1.  "Coercion" means the exploitation of authority or

 4  the use of bribes, threats of force, or intimidation to gain

 5  cooperation or compliance.

 6         2.  "Equality" means two participants operating with

 7  the same level of power in a relationship, neither being

 8  controlled nor coerced by the other.

 9         3.  "Consent" means an agreement, including all of the

10  following:

11         a.  Understanding what is proposed based on age,

12  maturity, developmental level, functioning, and experience.

13         b.  Knowledge of societal standards for what is being

14  proposed.

15         c.  Awareness of potential consequences and

16  alternatives.

17         d.  Assumption that agreement or disagreement will be

18  accepted equally.

19         e.  Voluntary decision.

20         f.  Mental competence.

21  

22  Juvenile sexual offender behavior ranges from noncontact

23  sexual behavior such as making obscene phone calls,

24  exhibitionism, voyeurism, and the showing or taking of lewd

25  photographs to varying degrees of direct sexual contact, such

26  as frottage, fondling, digital penetration, rape, fellatio,

27  sodomy, and various other sexually aggressive acts.

28         (8)  "Arbitration" means a process whereby a neutral

29  third person or panel, called an arbitrator or an arbitration

30  panel, considers the facts and arguments presented by the

31  

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 1  parties and renders a decision which may be binding or

 2  nonbinding.

 3         (9)  "Authorized agent" or "designee" of the department

 4  means an employee, volunteer, or other person or agency

 5  determined by the state to be eligible for state-funded risk

 6  management coverage, which that is assigned or designated by

 7  the department to perform duties or exercise powers under

 8  pursuant to this chapter.

 9         (10)  "Caregiver" means the parent, legal custodian,

10  permanent guardian, adult household member, or other person

11  responsible for a child's welfare as defined in subsection

12  (46) (47).

13         (11)  "Case plan" or "plan" means a document, as

14  described in s. 39.6011 s. 39.601, prepared by the department

15  with input from all parties. The case plan follows the child

16  from the provision of voluntary services through any

17  dependency, foster care, or termination of parental rights

18  proceeding or related activity or process.

19         (12)  "Child" or "youth" means any unmarried person

20  under the age of 18 years who has not been emancipated by

21  order of the court.

22         (13)  "Child protection team" means a team of

23  professionals established by the Department of Health to

24  receive referrals from the protective investigators and

25  protective supervision staff of the department and to provide

26  specialized and supportive services to the program in

27  processing child abuse, abandonment, or neglect cases. A child

28  protection team shall provide consultation to other programs

29  of the department and other persons regarding child abuse,

30  abandonment, or neglect cases.

31  

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 1         (14)  "Child who is found to be dependent" means a

 2  child who, pursuant to this chapter, is found by the court:

 3         (a)  To have been abandoned, abused, or neglected by

 4  the child's parent or parents or legal custodians;

 5         (b)  To have been surrendered to the department, the

 6  former Department of Health and Rehabilitative Services, or a

 7  licensed child-placing agency for purpose of adoption;

 8         (c)  To have been voluntarily placed with a licensed

 9  child-caring agency, a licensed child-placing agency, an adult

10  relative, the department, or the former Department of Health

11  and Rehabilitative Services, after which placement, under the

12  requirements of this chapter, a case plan has expired and the

13  parent or parents or legal custodians have failed to

14  substantially comply with the requirements of the plan;

15         (d)  To have been voluntarily placed with a licensed

16  child-placing agency for the purposes of subsequent adoption,

17  and a parent or parents have signed a consent pursuant to the

18  Florida Rules of Juvenile Procedure;

19         (e)  To have no parent or legal custodians capable of

20  providing supervision and care; or

21         (f)  To be at substantial risk of imminent abuse,

22  abandonment, or neglect by the parent or parents or legal

23  custodians.

24         (15)  "Child support" means a court-ordered obligation,

25  enforced under chapter 61 and ss. 409.2551-409.2597, for

26  monetary support for the care, maintenance, training, and

27  education of a child.

28         (16)  "Circuit" means any of the 20 judicial circuits

29  as set forth in s. 26.021.

30         (17)  "Comprehensive assessment" or "assessment" means

31  the gathering of information for the evaluation of a child's

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 1  and caregiver's physical, psychiatric, psychological or mental

 2  health, educational, vocational, and social condition and

 3  family environment as they relate to the child's and

 4  caregiver's need for rehabilitative and treatment services,

 5  including substance abuse treatment services, mental health

 6  services, developmental services, literacy services, medical

 7  services, family services, and other specialized services, as

 8  appropriate.

 9         (18)  "Concurrent planning" means establishing a

10  permanency goal in a case plan that uses reasonable efforts to

11  reunify the child with the parent, while at the same time

12  establishing another goal that must be one of the following

13  options:

14         (a)  Adoption when a petition for termination of

15  parental rights has been filed or will be filed;

16         (b)  Permanent guardianship of a dependent child under

17  s. 39.6221;

18         (c)  Permanent placement with a fit and willing

19  relative under s. 39.6231; or

20         (d)  Placement in another planned permanent living

21  arrangement under s. 39.6241.

22         (19)(18)  "Court," unless otherwise expressly stated,

23  means the circuit court assigned to exercise jurisdiction

24  under this chapter.

25         (20)(19)  "Department" means the Department of Children

26  and Family Services.

27         (21)(20)  "Diligent efforts by a parent" means a course

28  of conduct which results in a reduction in risk to the child

29  in the child's home that would allow the child to be safely

30  placed permanently back in the home as set forth in the case

31  plan.

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 1         (22)(21)  "Diligent efforts of social service agency"

 2  means reasonable efforts to provide social services or

 3  reunification services made by any social service agency that

 4  is a party to a case plan.

 5         (23)(22)  "Diligent search" means the efforts of a

 6  social service agency to locate a parent or prospective parent

 7  whose identity or location is unknown, initiated as soon as

 8  the social service agency is made aware of the existence of

 9  such parent, with the search progress reported at each court

10  hearing until the parent is either identified and located or

11  the court excuses further search.

12         (24)(23)  "Disposition hearing" means a hearing in

13  which the court determines the most appropriate protections,

14  services, and placement for the child in dependency cases.

15         (25)(24)  "District" means any one of the 15 service

16  districts of the department established pursuant to s. 20.19.

17         (26)(25)  "District administrator" means the chief

18  operating officer of each service district of the department

19  as defined in s. 20.19(5) and, where appropriate, includes any

20  district administrator whose service district falls within the

21  boundaries of a judicial circuit.

22         (27)(26)  "Expedited termination of parental rights"

23  means proceedings wherein a case plan with the goal of

24  reunification is not being offered.

25         (28)(27)  "False report" means a report of abuse,

26  neglect, or abandonment of a child to the central abuse

27  hotline, which report is maliciously made for the purpose of:

28         (a)  Harassing, embarrassing, or harming another

29  person;

30         (b)  Personal financial gain for the reporting person;

31         (c)  Acquiring custody of a child; or

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 1         (d)  Personal benefit for the reporting person in any

 2  other private dispute involving a child.

 3  

 4  The term "false report" does not include a report of abuse,

 5  neglect, or abandonment of a child made in good faith to the

 6  central abuse hotline.

 7         (29)(28)  "Family" means a collective body of persons,

 8  consisting of a child and a parent, legal custodian, or adult

 9  relative, in which:

10         (a)  The persons reside in the same house or living

11  unit; or

12         (b)  The parent, legal custodian, or adult relative has

13  a legal responsibility by blood, marriage, or court order to

14  support or care for the child.

15         (30)  "Family team conference" means a process for

16  family-focused intervention facilitated by professional staff

17  which is designed to develop a plan for the care, safety, and

18  well-being of a child and the child's family.

19         (31)(29)  "Foster care" means care provided a child in

20  a foster family or boarding home, group home, agency boarding

21  home, child care institution, or any combination thereof.

22         (32)(30)  "Harm" to a child's health or welfare can

23  occur when any person:

24         (a)  Inflicts or allows to be inflicted upon the child

25  physical, mental, or emotional injury. In determining whether

26  harm has occurred, the following factors must be considered in

27  evaluating any physical, mental, or emotional injury to a

28  child: the age of the child; any prior history of injuries to

29  the child; the location of the injury on the body of the

30  child; the multiplicity of the injury; and the type of trauma

31  inflicted. Such injury includes, but is not limited to:

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 1         1.  Willful acts that produce the following specific

 2  injuries:

 3         a.  Sprains, dislocations, or cartilage damage.

 4         b.  Bone or skull fractures.

 5         c.  Brain or spinal cord damage.

 6         d.  Intracranial hemorrhage or injury to other internal

 7  organs.

 8         e.  Asphyxiation, suffocation, or drowning.

 9         f.  Injury resulting from the use of a deadly weapon.

10         g.  Burns or scalding.

11         h.  Cuts, lacerations, punctures, or bites.

12         i.  Permanent or temporary disfigurement.

13         j.  Permanent or temporary loss or impairment of a body

14  part or function.

15  

16  As used in this subparagraph, the term "willful" refers to the

17  intent to perform an action, not to the intent to achieve a

18  result or to cause an injury.

19         2.  Purposely giving a child poison, alcohol, drugs, or

20  other substances that substantially affect the child's

21  behavior, motor coordination, or judgment or that result in

22  sickness or internal injury.  For the purposes of this

23  subparagraph, the term "drugs" means prescription drugs not

24  prescribed for the child or not administered as prescribed,

25  and controlled substances as outlined in Schedule I or

26  Schedule II of s. 893.03.

27         3.  Leaving a child without adult supervision or

28  arrangement appropriate for the child's age or mental or

29  physical condition, so that the child is unable to care for

30  the child's own needs or another's basic needs or is unable to

31  

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 1  exercise good judgment in responding to any kind of physical

 2  or emotional crisis.

 3         4.  Inappropriate or excessively harsh disciplinary

 4  action that is likely to result in physical injury, mental

 5  injury as defined in this section, or emotional injury.  The

 6  significance of any injury must be evaluated in light of the

 7  following factors:  the age of the child; any prior history of

 8  injuries to the child; the location of the injury on the body

 9  of the child; the multiplicity of the injury; and the type of

10  trauma inflicted.  Corporal discipline may be considered

11  excessive or abusive when it results in any of the following

12  or other similar injuries:

13         a.  Sprains, dislocations, or cartilage damage.

14         b.  Bone or skull fractures.

15         c.  Brain or spinal cord damage.

16         d.  Intracranial hemorrhage or injury to other internal

17  organs.

18         e.  Asphyxiation, suffocation, or drowning.

19         f.  Injury resulting from the use of a deadly weapon.

20         g.  Burns or scalding.

21         h.  Cuts, lacerations, punctures, or bites.

22         i.  Permanent or temporary disfigurement.

23         j.  Permanent or temporary loss or impairment of a body

24  part or function.

25         k.  Significant bruises or welts.

26         (b)  Commits, or allows to be committed, sexual

27  battery, as defined in chapter 794, or lewd or lascivious

28  acts, as defined in chapter 800, against the child.

29         (c)  Allows, encourages, or forces the sexual

30  exploitation of a child, which includes allowing, encouraging,

31  or forcing a child to:

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 1         1.  Solicit for or engage in prostitution; or

 2         2.  Engage in a sexual performance, as defined by

 3  chapter 827.

 4         (d)  Exploits a child, or allows a child to be

 5  exploited, as provided in s. 450.151.

 6         (e)  Abandons the child. Within the context of the

 7  definition of "harm," the term "abandons the child" means that

 8  the parent or legal custodian of a child or, in the absence of

 9  a parent or legal custodian, the person responsible for the

10  child's welfare, while being able, makes no provision for the

11  child's support and makes no effort to communicate with the

12  child, which situation is sufficient to evince a willful

13  rejection of parental obligation.  If the efforts of the such

14  a parent or legal custodian or person primarily responsible

15  for the child's welfare to support and communicate with the

16  child are only marginal efforts that do not evince a settled

17  purpose to assume all parental duties, the child may be

18  determined to have been abandoned. The term "abandoned" does

19  not include an abandoned newborn infant as described in s.

20  383.50.

21         (f)  Neglects the child. Within the context of the

22  definition of "harm," the term "neglects the child" means that

23  the parent or other person responsible for the child's welfare

24  fails to supply the child with adequate food, clothing,

25  shelter, or health care, although financially able to do so or

26  although offered financial or other means to do so.  However,

27  a parent or legal custodian who, by reason of the legitimate

28  practice of religious beliefs, does not provide specified

29  medical treatment for a child may not be considered abusive or

30  neglectful for that reason alone, but such an exception does

31  not:

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 1         1.  Eliminate the requirement that such a case be

 2  reported to the department;

 3         2.  Prevent the department from investigating such a

 4  case; or

 5         3.  Preclude a court from ordering, when the health of

 6  the child requires it, the provision of medical services by a

 7  physician, as defined in this section, or treatment by a duly

 8  accredited practitioner who relies solely on spiritual means

 9  for healing in accordance with the tenets and practices of a

10  well-recognized church or religious organization.

11         (g)  Exposes a child to a controlled substance or

12  alcohol. Exposure to a controlled substance or alcohol is

13  established by:

14         1.  Use by the mother of a controlled substance or

15  alcohol during pregnancy when the child, at birth, is

16  demonstrably adversely affected by such usage; or

17         2.  Continued chronic and severe use of a controlled

18  substance or alcohol by a parent when the child is

19  demonstrably adversely affected by such usage.

20  

21  As used in this paragraph, the term "controlled substance"

22  means prescription drugs not prescribed for the parent or not

23  administered as prescribed and controlled substances as

24  outlined in Schedule I or Schedule II of s. 893.03.

25         (h)  Uses mechanical devices, unreasonable restraints,

26  or extended periods of isolation to control a child.

27         (i)  Engages in violent behavior that demonstrates a

28  wanton disregard for the presence of a child and could

29  reasonably result in serious injury to the child.

30  

31  

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 1         (j)  Negligently fails to protect a child in his or her

 2  care from inflicted physical, mental, or sexual injury caused

 3  by the acts of another.

 4         (k)  Has allowed a child's sibling to die as a result

 5  of abuse, abandonment, or neglect.

 6         (l)  Makes the child unavailable for the purpose of

 7  impeding or avoiding a protective investigation unless the

 8  court determines that the parent, legal custodian, or

 9  caregiver was fleeing from a situation involving domestic

10  violence.

11         (33)(31)  "Institutional child abuse or neglect" means

12  situations of known or suspected child abuse or neglect in

13  which the person allegedly perpetrating the child abuse or

14  neglect is an employee of a private school, public or private

15  day care center, residential home, institution, facility, or

16  agency or any other person at such institution responsible for

17  the child's care.

18         (34)(32)  "Judge" means the circuit judge exercising

19  jurisdiction pursuant to this chapter.

20         (35)(33)  "Legal custody" means a legal status created

21  by a court order or letter of guardianship which vests in a

22  custodian of the person or guardian, whether an agency or an

23  individual, the right to have physical custody of the child

24  and the right and duty to protect, nurture, guide train, and

25  discipline the child and to provide him or her with food,

26  shelter, education, and ordinary medical, dental, psychiatric,

27  and psychological care. The legal custodian is the person or

28  entity in whom the legal right to custody is vested. For

29  purposes of this chapter only, when the phrase "parent or

30  legal custodian" is used, it refers to rights or

31  responsibilities of the parent and, only if there is no living

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 1  parent with intact parental rights, to the rights or

 2  responsibilities of the legal custodian who has assumed the

 3  role of the parent.

 4         (34)  "Legal guardianship" means a judicially created

 5  relationship between the child and caregiver which is intended

 6  to be permanent and self-sustaining and is provided pursuant

 7  to the procedures in chapter 744.

 8         (36)(35)  "Licensed child-caring agency" means a

 9  person, society, association, or agency licensed by the

10  department to care for, receive, and board children.

11         (37)(36)  "Licensed child-placing agency" means a

12  person, society, association, or institution licensed by the

13  department to care for, receive, or board children and to

14  place children in a licensed child-caring institution or a

15  foster or adoptive home.

16         (38)(37)  "Licensed health care professional" means a

17  physician licensed under chapter 458, an osteopathic physician

18  licensed under chapter 459, a nurse licensed under part I of

19  chapter 464, a physician assistant licensed under chapter 458

20  or chapter 459, or a dentist licensed under chapter 466.

21         (39)(38)  "Likely to injure oneself" means that, as

22  evidenced by violent or other actively self-destructive

23  behavior, it is more likely than not that within a 24-hour

24  period the child will attempt to commit suicide or inflict

25  serious bodily harm on himself or herself.

26         (40)(39)  "Likely to injure others" means that it is

27  more likely than not that within a 24-hour period the child

28  will inflict serious and unjustified bodily harm on another

29  person.

30  

31  

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 1         (40)  "Long-term relative custodian" means an adult

 2  relative who is a party to a long-term custodial relationship

 3  created by a court order pursuant to this chapter.

 4         (41)  "Long-term custody" or "long-term custodial

 5  relationship" means the relationship that a juvenile court

 6  order creates between a child and an adult relative of the

 7  child or other legal custodian approved by the court when the

 8  child cannot be placed in the custody of a parent and adoption

 9  is not deemed to be in the best interest of the child.

10  Long-term custody confers upon the relative or other legal

11  custodian, other than the department, the right to physical

12  custody of the child, a right which will not be disturbed by

13  the court except upon request of the legal custodian or upon a

14  showing that the best interest of the child necessitates a

15  change of custody for the child. A relative or other legal

16  custodian who has been designated as a long-term custodian

17  shall have all of the rights and duties of a parent,

18  including, but not limited to, the right and duty to protect,

19  train, and discipline the child and to provide the child with

20  food, shelter, and education, and ordinary medical, dental,

21  psychiatric, and psychological care, unless these rights and

22  duties are otherwise enlarged or limited by the court order

23  establishing the long-term custodial relationship.

24         (41)(42)  "Mediation" means a process whereby a neutral

25  third person called a mediator acts to encourage and

26  facilitate the resolution of a dispute between two or more

27  parties.  It is an informal and nonadversarial process with

28  the objective of helping the disputing parties reach a

29  mutually acceptable and voluntary agreement.  The role of the

30  mediator includes, but is not limited to, assisting the

31  

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 1  parties in identifying issues, fostering joint problem

 2  solving, and exploring settlement alternatives.

 3         (42)(43)  "Mental injury" means an injury to the

 4  intellectual or psychological capacity of a child as evidenced

 5  by a discernible and substantial impairment in the ability to

 6  function within the normal range of performance and behavior.

 7         (43)(44)  "Necessary medical treatment" means care

 8  which is necessary within a reasonable degree of medical

 9  certainty to prevent the deterioration of a child's condition

10  or to alleviate immediate pain of a child.

11         (44)(45)  "Neglect" occurs when a child is deprived of,

12  or is allowed to be deprived of, necessary food, clothing,

13  shelter, or medical treatment or a child is permitted to live

14  in an environment when such deprivation or environment causes

15  the child's physical, mental, or emotional health to be

16  significantly impaired or to be in danger of being

17  significantly impaired. The foregoing circumstances shall not

18  be considered neglect if caused primarily by financial

19  inability unless actual services for relief have been offered

20  to and rejected by such person. A parent or legal custodian

21  legitimately practicing religious beliefs in accordance with a

22  recognized church or religious organization who thereby does

23  not provide specific medical treatment for a child may shall

24  not, for that reason alone, be considered a negligent parent

25  or legal custodian; however, such an exception does not

26  preclude a court from ordering the following services to be

27  provided, when the health of the child so requires:

28         (a)  Medical services from a licensed physician,

29  dentist, optometrist, podiatric physician, or other qualified

30  health care provider; or

31  

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 1         (b)  Treatment by a duly accredited practitioner who

 2  relies solely on spiritual means for healing in accordance

 3  with the tenets and practices of a well-recognized church or

 4  religious organization.

 5  

 6  Neglect of a child includes acts or omissions.

 7         (45)(46)  "Next of kin" means an adult relative of a

 8  child who is the child's brother, sister, grandparent, aunt,

 9  uncle, or first cousin.

10         (46)(47)  "Other person responsible for a child's

11  welfare" includes the child's legal guardian, legal custodian,

12  or foster parent; an employee of a private school, public or

13  private child day care center, residential home, institution,

14  facility, or agency; or any other person legally responsible

15  for the child's welfare in a residential setting; and also

16  includes an adult sitter or relative entrusted with a child's

17  care. For the purpose of departmental investigative

18  jurisdiction, this definition does not include law enforcement

19  officers, or employees of municipal or county detention

20  facilities or the Department of Corrections, while acting in

21  an official capacity.

22         (47)(48)  "Out-of-home" means a placement outside of

23  the home of the parents or a parent.

24         (48)(49)  "Parent" means a woman who gives birth to a

25  child and a man who was married to the mother at the time the

26  child was conceived or born, who has been determined by a

27  court to be the father of the child, who has filed an

28  affidavit of paternity under s. 382.013(2), or who has claimed

29  to be the father of the child and has provided, or has

30  attempted to provide, the child, or the mother during her

31  pregnancy, with support in a repetitive, customary manner

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 1  whose consent to the adoption of the child would be required

 2  under s. 63.062(1). If a child has been legally adopted, the

 3  term "parent" means the adoptive mother or father of the

 4  child. The term does not include an individual whose parental

 5  relationship to the child has been legally terminated, or an

 6  alleged or prospective parent, unless the parental status

 7  falls within the terms of s. 39.503(1) or this subsection s.

 8  63.062(1). For purposes of this chapter only, when the phrase

 9  "parent or legal custodian" is used, it refers to rights or

10  responsibilities of the parent and, only if there is no living

11  parent with intact parental rights, to the rights or

12  responsibilities of the legal custodian who has assumed the

13  role of the parent.

14         (49)(50)  "Participant," for purposes of a shelter

15  proceeding, dependency proceeding, or termination of parental

16  rights proceeding, means any person who is not a party but who

17  should receive notice of hearings involving the child,

18  including the actual custodian of the child, the foster

19  parents or the legal custodian of the child, identified

20  prospective parents, grandparents entitled to priority for

21  adoption consideration under s. 63.0425, actual custodians of

22  the child, and any other person whose participation may be in

23  the best interest of the child. A community-based agency under

24  contract with the department to provide protective services

25  may be designated as a participant at the discretion of the

26  court. Participants may be granted leave by the court to be

27  heard without the necessity of filing a motion to intervene.

28         (50)(51)  "Party" means the parent or parents of the

29  child, the petitioner, the department, the guardian ad litem

30  or the representative of the guardian ad litem program when

31  the program has been appointed, and the child. The presence of

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

 2  would not be in the child's best interest. Notice to the child

 3  may be excused by order of the court when the age, capacity,

 4  or other condition of the child is such that the notice would

 5  be meaningless or detrimental to the child.

 6         (51)  "Permanency goal" means the living arrangement

 7  identified for the child to return to or identified as the

 8  permanent living arrangement of the child. Permanency goals

 9  applicable under this chapter are:

10         (a)  Reunification;

11         (b)  Adoption when a petition for termination of

12  parental rights has been or will be filed;

13         (c)  Permanent guardianship of a dependent child under

14  s. 39.6221;

15         (d)  Permanent placement with a fit and willing

16  relative under s. 39.6231; or

17         (e)  Placement in another planned permanent living

18  arrangement under s. 39.6241.

19  

20  The permanency goal is also the case plan goal. If concurrent

21  case planning is being used, reunification may be pursued at

22  the same time that another permanency goal is pursued.

23         (52)  "Permanency plan" means the plan that establishes

24  the placement intended to serve as the child's permanent home.

25         (53)  "Permanent guardian" means the relative or other

26  adult in a permanent guardianship of a dependent child under

27  s. 39.6221.

28         (54)  "Permanent guardianship of a dependent child"

29  means a legal relationship that a court creates under s.

30  39.6221 between a child and a relative or other adult approved

31  by the court which is intended to be permanent and

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 1  self-sustaining through the transfer of parental rights with

 2  respect to the child relating to protection, education, care

 3  and control of the person, custody of the person, and

 4  decisionmaking on behalf of the child.

 5         (55)(52)  "Physical injury" means death, permanent or

 6  temporary disfigurement, or impairment of any bodily part.

 7         (56)(53)  "Physician" means any licensed physician,

 8  dentist, podiatric physician, or optometrist and includes any

 9  intern or resident.

10         (57)(54)  "Preliminary screening" means the gathering

11  of preliminary information to be used in determining a child's

12  need for further evaluation or assessment or for referral for

13  other substance abuse services through means such as

14  psychosocial interviews; urine and breathalyzer screenings;

15  and reviews of available educational, delinquency, and

16  dependency records of the child.

17         (58)(55)  "Preventive services" means social services

18  and other supportive and rehabilitative services provided to

19  the parent or legal custodian of the child and to the child

20  for the purpose of averting the removal of the child from the

21  home or disruption of a family which will or could result in

22  the placement of a child in foster care. Social services and

23  other supportive and rehabilitative services shall promote the

24  child's need for physical, mental, and emotional health and a

25  safe, stable, living environment, shall promote family

26  autonomy, and shall strengthen family life, whenever possible.

27         (59)(56)  "Prospective parent" means a person who

28  claims to be, or has been identified as, a person who may be a

29  mother or a father of a child.

30         (60)(57)  "Protective investigation" means the

31  acceptance of a report alleging child abuse, abandonment, or

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 1  neglect, as defined in this chapter, by the central abuse

 2  hotline or the acceptance of a report of other dependency by

 3  the department; the investigation of each report; the

 4  determination of whether action by the court is warranted; the

 5  determination of the disposition of each report without court

 6  or public agency action when appropriate; and the referral of

 7  a child to another public or private agency when appropriate.

 8         (61)(58)  "Protective investigator" means an authorized

 9  agent of the department who receives and investigates reports

10  of child abuse, abandonment, or neglect; who, as a result of

11  the investigation, may recommend that a dependency petition be

12  filed for the child; and who performs other duties necessary

13  to carry out the required actions of the protective

14  investigation function.

15         (62)(59)  "Protective supervision" means a legal status

16  in dependency cases which permits the child to remain safely

17  in his or her own home or other nonlicensed placement under

18  the supervision of an agent of the department and which must

19  be reviewed by the court during the period of supervision.

20         (63)(60)  "Relative" means a grandparent,

21  great-grandparent, sibling, first cousin, aunt, uncle,

22  great-aunt, great-uncle, niece, or nephew, whether related by

23  the whole or half blood, by affinity, or by adoption. The term

24  does not include a stepparent.

25         (64)(61)  "Reunification services" means social

26  services and other supportive and rehabilitative services

27  provided to the parent of the child, to the child, and, where

28  appropriate, to the relative placement, nonrelative placement,

29  or foster parents of the child, for the purpose of enabling a

30  child who has been placed in out-of-home care to safely return

31  to his or her parent at the earliest possible time.  The

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 1  health and safety of the child shall be the paramount goal of

 2  social services and other supportive and rehabilitative

 3  services. The Such services shall promote the child's need for

 4  physical, mental, and emotional health and a safe, stable,

 5  living environment, shall promote family autonomy, and shall

 6  strengthen family life, whenever possible.

 7         (65)(62)  "Secretary" means the Secretary of Children

 8  and Family Services.

 9         (66)(63)  "Sexual abuse of a child" means one or more

10  of the following acts:

11         (a)  Any penetration, however slight, of the vagina or

12  anal opening of one person by the penis of another person,

13  whether or not there is the emission of semen.

14         (b)  Any sexual contact between the genitals or anal

15  opening of one person and the mouth or tongue of another

16  person.

17         (c)  Any intrusion by one person into the genitals or

18  anal opening of another person, including the use of any

19  object for this purpose, except that this does not include any

20  act intended for a valid medical purpose.

21         (d)  The intentional touching of the genitals or

22  intimate parts, including the breasts, genital area, groin,

23  inner thighs, and buttocks, or the clothing covering them, of

24  either the child or the perpetrator, except that this does not

25  include:

26         1.  Any act which may reasonably be construed to be a

27  normal caregiver responsibility, any interaction with, or

28  affection for a child; or

29         2.  Any act intended for a valid medical purpose.

30         (e)  The intentional masturbation of the perpetrator's

31  genitals in the presence of a child.

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 1         (f)  The intentional exposure of the perpetrator's

 2  genitals in the presence of a child, or any other sexual act

 3  intentionally perpetrated in the presence of a child, if such

 4  exposure or sexual act is for the purpose of sexual arousal or

 5  gratification, aggression, degradation, or other similar

 6  purpose.

 7         (g)  The sexual exploitation of a child, which includes

 8  allowing, encouraging, or forcing a child to:

 9         1.  Solicit for or engage in prostitution; or

10         2.  Engage in a sexual performance, as defined by

11  chapter 827.

12         (67)(64)  "Shelter" means a placement with a relative

13  or a nonrelative, or in a licensed home or facility, for the

14  temporary care of a child who is alleged to be or who has been

15  found to be dependent, pending court disposition before or

16  after adjudication.

17         (68)(65)  "Shelter hearing" means a hearing in which

18  the court determines whether probable cause exists to keep a

19  child in shelter status pending further investigation of the

20  case.

21         (69)(66)  "Social service agency" means the department,

22  a licensed child-caring agency, or a licensed child-placing

23  agency.

24         (70)(67)  "Substance abuse" means using, without

25  medical reason, any psychoactive or mood-altering drug,

26  including alcohol, in such a manner as to induce impairment

27  resulting in dysfunctional social behavior.

28         (71)(68)  "Substantial compliance" means that the

29  circumstances which caused the creation of the case plan have

30  been significantly remedied to the extent that the well-being

31  and safety of the child will not be endangered upon the

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 1  child's remaining with or being returned to the child's

 2  parent.

 3         (72)(69)  "Taken into custody" means the status of a

 4  child immediately when temporary physical control over the

 5  child is attained by a person authorized by law, pending the

 6  child's release or placement.

 7         (73)(70)  "Temporary legal custody" means the

 8  relationship that a juvenile court creates between a child and

 9  an adult relative of the child, legal custodian, agency, or

10  other person approved by the court until a more permanent

11  arrangement is ordered. Temporary legal custody confers upon

12  the custodian the right to have temporary physical custody of

13  the child and the right and duty to protect, nurture, guide

14  train, and discipline the child and to provide the child with

15  food, shelter, and education, and ordinary medical, dental,

16  psychiatric, and psychological care, unless these rights and

17  duties are otherwise enlarged or limited by the court order

18  establishing the temporary legal custody relationship.

19         (74)(71)  "Victim" means any child who has sustained or

20  is threatened with physical, mental, or emotional injury

21  identified in a report involving child abuse, neglect, or

22  abandonment, or child-on-child sexual abuse.

23         (72)  "Long-term licensed custody" means the

24  relationship that a juvenile court order creates between a

25  child and a placement licensed by the state to provide

26  residential care for dependent children, if the licensed

27  placement is willing and able to continue to care for the

28  child until the child reaches the age of majority.

29         Section 2.  Section 39.013, Florida Statutes, is

30  amended to read:

31  

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 1         39.013  Procedures and jurisdiction; right to

 2  counsel.--

 3         (1)  All procedures, including petitions, pleadings,

 4  subpoenas, summonses, and hearings, in this chapter shall be

 5  conducted according to the Florida Rules of Juvenile Procedure

 6  unless otherwise provided by law. Parents must be informed by

 7  the court of their right to counsel in dependency proceedings

 8  at each stage of the dependency proceedings. Parents who are

 9  unable to afford counsel must be appointed counsel.

10         (2)  The circuit court has shall have exclusive

11  original jurisdiction of all proceedings under this chapter,

12  of a child voluntarily placed with a licensed child-caring

13  agency, a licensed child-placing agency, or the department,

14  and of the adoption of children whose parental rights have

15  been terminated under this chapter. Jurisdiction attaches when

16  the initial shelter petition, dependency petition, or

17  termination of parental rights petition is filed or when a

18  child is taken into the custody of the department. The circuit

19  court may assume jurisdiction over any such proceeding

20  regardless of whether the child was in the physical custody of

21  both parents, was in the sole legal or physical custody of

22  only one parent, caregiver, or some other person, or was in

23  the physical or legal custody of no person when the event or

24  condition occurred that brought the child to the attention of

25  the court. When the court obtains jurisdiction of any child

26  who has been found to be dependent, the court shall retain

27  jurisdiction, unless relinquished by its order, until the

28  child reaches 18 years of age. However, if a youth petitions

29  the court at any time before his or her 19th birthday

30  requesting the court's continued jurisdiction, the juvenile

31  court may retain jurisdiction under this chapter for a period

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 1  not to exceed 1 year following the youth's 18th birthday for

 2  the purpose of determining whether appropriate aftercare

 3  support, Road-to-Independence Scholarship, transitional

 4  support, mental health, and developmental disability services,

 5  to the extent otherwise authorized by law, have been provided

 6  to the formerly dependent child who was in the legal custody

 7  of the department immediately before his or her 18th birthday.

 8  If a petition for special immigrant juvenile status and an

 9  application for adjustment of status have been filed on behalf

10  of a foster child and the petition and application have not

11  been granted by the time the child reaches 18 years of age,

12  the court may retain jurisdiction over the dependency case

13  solely for the purpose of allowing the continued consideration

14  of the petition and application by federal authorities. Review

15  hearings for the child shall be set solely for the purpose of

16  determining the status of the petition and application. The

17  court's jurisdiction terminates upon the final decision of the

18  federal authorities. Retention of jurisdiction in this

19  instance does not affect the services available to a young

20  adult under s. 409.1451. The court may not retain jurisdiction

21  of the case after the immigrant child's 22nd birthday.

22         (3)  When a child is under the jurisdiction of the

23  circuit court pursuant to the provisions of this chapter, the

24  circuit court assigned to handle dependency matters may

25  exercise the general and equitable jurisdiction over

26  guardianship proceedings under pursuant to the provisions of

27  chapter 744 and proceedings for temporary custody of minor

28  children by extended family under pursuant to the provisions

29  of chapter 751.

30         (4)  Orders entered pursuant to this chapter which

31  affect the placement of, access to, parental time with,

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 1  adoption of, or parental rights and responsibilities for a

 2  minor child shall take precedence over other orders entered in

 3  civil actions or proceedings. However, if the court has

 4  terminated jurisdiction, the such order may be subsequently

 5  modified by a court of competent jurisdiction in any other

 6  civil action or proceeding affecting placement of, access to,

 7  parental time with, adoption of, or parental rights and

 8  responsibilities for the same minor child.

 9         (5)  The court shall expedite the resolution of the

10  placement issue in cases involving a child who has been

11  removed from the parent and placed in an out-of-home

12  placement.

13         (6)  The court shall expedite the judicial handling of

14  all cases when the child has been removed from the parent and

15  placed in an out-of-home placement.

16         (7)  Children removed from their homes shall be

17  provided equal treatment with respect to goals, objectives,

18  services, and case plans, without regard to the location of

19  their placement.

20         (8)  For any child who remains in the custody of the

21  department, the court shall, within the month which

22  constitutes the beginning of the 6-month period before the

23  child's 18th birthday, hold a hearing to review the progress

24  of the child while in the custody of the department.

25         (9)(a)  At each stage of the proceedings under this

26  chapter, the court shall advise the parents of the right to

27  counsel. The court shall appoint counsel for indigent parents.

28  The court shall ascertain whether the right to counsel is

29  understood. When right to counsel is waived, the court shall

30  determine whether the waiver is knowing and intelligent. The

31  court shall enter its findings in writing with respect to the

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 1  appointment or waiver of counsel for indigent parents or the

 2  waiver of counsel by nonindigent parents.

 3         (b)  Once counsel has entered an appearance or been

 4  appointed by the court to represent the parent of the child,

 5  the attorney shall continue to represent the parent throughout

 6  the proceedings. If the attorney-client relationship is

 7  discontinued, the court shall advise the parent of the right

 8  to have new counsel retained or appointed for the remainder of

 9  the proceedings.

10         (c)1.  A No waiver of counsel may not be accepted if it

11  appears that the parent is unable to make an intelligent and

12  understanding choice because of mental condition, age,

13  education, experience, the nature or complexity of the case,

14  or other factors.

15         2.  A waiver of counsel made in court must be of

16  record.

17         3.  If a waiver of counsel is accepted at any hearing

18  or proceeding, the offer of assistance of counsel must be

19  renewed by the court at each subsequent stage of the

20  proceedings at which the parent appears without counsel.

21         (d)  This subsection does not apply to any parent who

22  has voluntarily executed a written surrender of the child and

23  consents to the entry of a court order terminating parental

24  rights.

25         (10)  The time limitations in this chapter do not

26  include:

27         (a)  Periods of delay resulting from a continuance

28  granted at the request or with the consent of the child's

29  counsel or the child's guardian ad litem, if one has been

30  appointed by the court, or, if the child is of sufficient

31  

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 1  capacity to express reasonable consent, at the request or with

 2  the consent of the child.

 3         (b)  Periods of delay resulting from a continuance

 4  granted at the request of any party, if the continuance is

 5  granted:

 6         1.  Because of an unavailability of evidence material

 7  to the case when the requesting party has exercised due

 8  diligence to obtain such evidence and there are substantial

 9  grounds to believe that such evidence will be available within

10  30 days. However, if the requesting party is not prepared to

11  proceed within 30 days, any other party, inclusive of the

12  parent or legal custodian, may move for issuance of an order

13  to show cause or the court on its own motion may impose

14  appropriate sanctions, which may include dismissal of the

15  petition.

16         2.  To allow the requesting party additional time to

17  prepare the case and additional time is justified because of

18  an exceptional circumstance.

19         (c)  Reasonable periods of delay necessary to

20  accomplish notice of the hearing to the child's parent or

21  legal custodian; however, the petitioner shall continue

22  regular efforts to provide notice to the parents during such

23  periods of delay.

24         (d)  Reasonable periods of delay resulting from a

25  continuance granted at the request of the parent or legal

26  custodian of a subject child.

27         (e)  Notwithstanding the foregoing, continuances and

28  extensions of time are limited to the number of days

29  absolutely necessary to complete a necessary task in order to

30  preserve the rights of a party or the best interests of a

31  child. Time is of the essence for the best interests of

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 1  dependent children in conducting dependency proceedings in

 2  accordance with the time limitations set forth in this

 3  chapter. Time limitations are a right of the child which may

 4  not be waived, extended, or continued at the request of any

 5  party in advance of the particular circumstances or need

 6  arising upon which delay of the proceedings may be warranted.

 7         (f)  Continuances or extensions of time may not total

 8  more than 60 days for all parties within any 12-month period

 9  during proceedings under this chapter. A continuance or

10  extension of time beyond the 60 days may be granted only for

11  extraordinary circumstances necessary to preserve the

12  constitutional rights of a party or when substantial evidence

13  demonstrates that the child's best interests will be

14  affirmatively harmed without the granting of a continuance or

15  extension of time.

16         (10)(11)  Court-appointed counsel representing indigent

17  parents at shelter hearings shall be paid from state funds

18  appropriated by general law.

19         (11)(12)  The court shall encourage the Statewide

20  Guardian Ad Litem Office to provide greater representation to

21  those children who are within 1 year of transferring out of

22  foster care.

23         Section 3.  Section 39.0136, Florida Statutes, is

24  created to read:

25         39.0136  Time limitations; continuances.--

26         (1)  The Legislature finds that time is of the essence

27  for establishing permanency for a child in the dependency

28  system. Time limitations are a right of the child which may

29  not be waived, extended, or continued at the request of any

30  party except as provided in this section.

31  

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 1         (2)  The time limitations in this chapter do not

 2  include:

 3         (a)  Periods of delay resulting from a continuance

 4  granted at the request of the child's counsel or the child's

 5  guardian ad litem or, if the child is of sufficient capacity

 6  to express reasonable consent, at the request or with the

 7  consent of the child. The court must consider the best

 8  interests of the child when determining periods of delay under

 9  this section.

10         (b)  Periods of delay resulting from a continuance

11  granted at the request of any party if the continuance is

12  granted:

13         1.  Because of an unavailability of evidence that is

14  material to the case if the requesting party has exercised due

15  diligence to obtain evidence and there are substantial grounds

16  to believe that the evidence will be available within 30 days.

17  However, if the requesting party is not prepared to proceed

18  within 30 days, any other party may move for issuance of an

19  order to show cause or the court on its own motion may impose

20  appropriate sanctions, which may include dismissal of the

21  petition.

22         2.  To allow the requesting party additional time to

23  prepare the case and additional time is justified because of

24  an exceptional circumstance.

25         (c)  Reasonable periods of delay necessary to

26  accomplish notice of the hearing to the child's parent or

27  legal custodian; however, the petitioner shall continue

28  regular efforts to provide notice to the parents during the

29  periods of delay.

30         (3)  Notwithstanding subsection (2), in order to

31  expedite permanency for a child, the total time allowed for

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 1  continuances or extensions of time may not exceed 60 days

 2  within any 12-month period for proceedings conducted under

 3  this chapter. A continuance or extension of time may be

 4  granted only for extraordinary circumstances in which it is

 5  necessary to preserve the constitutional rights of a party or

 6  if substantial evidence exists to demonstrate that without

 7  granting a continuance or extension of time the child's best

 8  interests will be harmed.

 9         (4)  Notwithstanding subsection (2), a continuance or

10  an extension of time is limited to the number of days

11  absolutely necessary to complete a necessary task in order to

12  preserve the rights of a party or the best interests of a

13  child.

14         Section 4.  Section 39.0137, Florida Statutes, is

15  created to read:

16         39.0137  Federal law; rulemaking authority.--

17         (1)  This chapter does not supersede the requirements

18  of the Indian Child Welfare Act, 25 U.S.C. ss. 1901, et seq.,

19  or the Multi-Ethnic Placement Act of 1994, Pub. L. No.

20  103-382, as amended, or the implementing regulations.

21         (2)  The department shall adopt rules no later than

22  July 1, 2007, to ensure that the provisions of these federal

23  laws are enforced in this state. The department is encouraged

24  to enter into agreements with recognized American Indian

25  tribes in order to facilitate the implementation of the Indian

26  Child Welfare Act.

27         Section 5.  Section 39.0138, Florida Statutes, is

28  created to read:

29         39.0138  Requirements for placement of children;

30  exemptions from disqualification.--

31  

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 1         (1)(a)  The department may conduct criminal record

 2  checks equivalent to the level 2 screening required in s.

 3  435.04 for any person being considered by the department for

 4  approval for placement of a child subject to a placement

 5  decision under this chapter. Approval for placement with any

 6  person other than a parent may not be granted in any case in

 7  which a record check reveals a felony conviction in a court of

 8  competent jurisdiction for:

 9         1.  Child abuse, abandonment, or neglect; spousal

10  abuse; a crime against children, including child pornography,

11  or a crime involving violence, including sexual battery,

12  sexual assault, or homicide, but not including other physical

13  assault or battery, if the felony was committed at any time;

14  or

15         2.  Physical assault, battery, or a drug-related

16  offense if the felony was committed within the past 5 years.

17         (b)  Notwithstanding paragraph (a), the department may

18  place a child in a home that otherwise meets placement

19  requirements if state and local criminal record checks do not

20  disqualify the applicant and if the department has submitted

21  fingerprint information to the Department of Law Enforcement

22  for forwarding to the Federal Bureau of Investigation and is

23  awaiting the results of the federal criminal records check.

24         (c)  Persons with whom placement of a child is being

25  considered or approved must disclose to the department any

26  prior or pending local, state, or federal criminal proceedings

27  in which they are or have been involved.

28         (d)  The results of any background check of a parent

29  conducted under this section must be considered in determining

30  whether placement with the parent will jeopardize the safety

31  of the child being placed.

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 1         (2)  For purposes of this section and ss. 39.401(3) and

 2  39.521(1)(d), the department and its authorized agents or

 3  contract providers are considered criminal justice agencies

 4  for the purpose of accessing criminal justice information,

 5  including information from the National Crime Information

 6  Center, to be used for enforcing the state's laws concerning

 7  the crimes of child abuse, abandonment, and neglect. This

 8  information shall be used solely for purposes supporting the

 9  detection, apprehension, prosecution, pretrial release,

10  posttrial release, or rehabilitation of criminal offenders or

11  persons accused of the crimes of child abuse, abandonment, or

12  neglect and may not be further disseminated or used for any

13  other purposes.

14         (3)  The department may grant to any person who is

15  otherwise disqualified for approval of placement of a

16  dependent child an exemption from disqualification for:

17         (a)  Felonies committed more than 3 years before the

18  date of disqualification;

19         (b)  Misdemeanors prohibited under any of the Florida

20  Statutes cited in this chapter or under similar statutes of

21  other jurisdictions;

22         (c)  Offenses that were felonies when committed but

23  that are currently misdemeanors;

24         (d)  Findings of delinquency; or

25         (e)  Commissions of acts of domestic violence as

26  defined in s. 741.30.

27  

28  For the purposes of this subsection, the term "felonies" means

29  felonies prohibited under any of the Florida Statutes cited in

30  this chapter or under similar statutes of other jurisdictions.

31  

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 1         (4)  In order for the department to grant an exemption

 2  to any person, the person must demonstrate by clear and

 3  convincing evidence that the person should not be disqualified

 4  for approval of the placement of a dependent child. A person

 5  seeking an exemption has the burden of setting forth

 6  sufficient evidence of rehabilitation, including, but not

 7  limited to, the circumstances surrounding the incident for

 8  which an exemption is sought, the time period that has elapsed

 9  since the incident, the nature of the harm caused to the

10  victim, and the history of the person since the incident, or

11  any other evidence or circumstances indicating that the person

12  will not present a danger if the placement of a child is

13  allowed.

14         (5)  Disqualification from placement of a child under

15  subsection (3) may not be removed from, nor may an exemption

16  be granted to, any person who is found guilty of, regardless

17  of adjudication, or who has entered a plea of nolo contendere

18  or guilty to, any felony covered by s. 435.03 solely by reason

19  of any pardon, executive clemency, or restoration of civil

20  rights.

21         (6)  The court may review the decision of the

22  department to grant or deny an exemption upon the motion of

23  any party, the request of any person who has been denied an

24  exemption by the department, or on its own motion. The court

25  shall prepare written findings to support its decision in this

26  matter.

27         Section 6.  Paragraph (a) of subsection (1), paragraph

28  (a) of subsection (2), and subsection (5) of section 39.201,

29  Florida Statutes, are amended to read:

30  

31  

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 1         39.201  Mandatory reports of child abuse, abandonment,

 2  or neglect; mandatory reports of death; central abuse

 3  hotline.--

 4         (1)(a)  Any person who knows, or has reasonable cause

 5  to suspect, that a child is abused, abandoned, or neglected by

 6  a parent, legal custodian, caregiver, or other person

 7  responsible for the child's welfare, as defined in this

 8  chapter, or that a child is in need of supervision and care

 9  and has no parent, legal custodian, or responsible adult

10  relative immediately known and available to provide

11  supervision and care shall report such knowledge or suspicion

12  to the department in the manner prescribed in subsection (2).

13         (2)(a)  Each report of known or suspected child abuse,

14  abandonment, or neglect by a parent, legal custodian,

15  caregiver, or other person responsible for the child's welfare

16  as defined in this chapter, except those solely under s.

17  827.04(3), and each report that a child is in need of

18  supervision and care and has no parent, legal custodian, or

19  responsible adult relative immediately known and available to

20  provide supervision and care shall be made immediately to the

21  department's central abuse hotline on the single statewide

22  toll-free telephone number. Personnel at the department's

23  central abuse hotline shall determine if the report received

24  meets the statutory definition of child abuse, abandonment, or

25  neglect. Any report meeting one of these definitions shall be

26  accepted for the protective investigation pursuant to part III

27  of this chapter.

28         (5)  The department shall be capable of receiving and

29  investigating, 24 hours a day, 7 days a week, reports of known

30  or suspected child abuse, abandonment, or neglect and reports

31  that a child is in need of supervision and care and has no

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 1  parent, legal custodian, or responsible adult relative

 2  immediately known and available to provide supervision and

 3  care 24 hours a day, 7 days a week. If it appears that the

 4  immediate safety or well-being of a child is endangered, that

 5  the family may flee or the child will be unavailable for

 6  purposes of conducting a child protective investigation, or

 7  that the facts otherwise so warrant, the department shall

 8  commence an investigation immediately, regardless of the time

 9  of day or night. In all other child abuse, abandonment, or

10  neglect cases, a child protective investigation shall be

11  commenced within 24 hours after receipt of the report. In an

12  institutional investigation, the alleged perpetrator may be

13  represented by an attorney, at his or her own expense, or

14  accompanied by another person, if the person or the attorney

15  executes an affidavit of understanding with the department and

16  agrees to comply with the confidentiality provisions of s.

17  39.202. The absence of an attorney or other person does not

18  prevent the department from proceeding with other aspects of

19  the investigation, including interviews with other persons. In

20  institutional child abuse cases when the institution is not

21  operating and the child cannot otherwise be located, the

22  investigation shall commence immediately upon the resumption

23  of operation. If requested by a state attorney or local law

24  enforcement agency, the department shall furnish all

25  investigative reports to that agency.

26         Section 7.  Subsections (1), (2), (5), and (22) of

27  section 39.301, Florida Statutes, are amended, and subsection

28  (23) is added to that section, to read:

29         39.301  Initiation of protective investigations.--

30         (1)  Upon receiving an oral or written report of known

31  or suspected child abuse, abandonment, or neglect, or that a

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 1  child is in need of supervision and care and has no parent,

 2  legal custodian, or responsible adult relative immediately

 3  known and available to provide supervision and care, the

 4  central abuse hotline shall determine if the report requires

 5  an immediate onsite protective investigation. For reports

 6  requiring an immediate onsite protective investigation, the

 7  central abuse hotline shall immediately notify the

 8  department's designated children and families district staff

 9  responsible for protective investigations to ensure that an

10  onsite investigation is promptly initiated.  For reports not

11  requiring an immediate onsite protective investigation, the

12  central abuse hotline shall notify the department's designated

13  children and families district staff responsible for

14  protective investigations in sufficient time to allow for an

15  investigation. At the time of notification of district staff

16  with respect to the report, the central abuse hotline shall

17  also provide information on any previous report concerning a

18  subject of the present report or any pertinent information

19  relative to the present report or any noted earlier reports.

20         (2)(a)  The department shall immediately forward

21  allegations of criminal conduct to the municipal or county law

22  enforcement agency of the municipality or county in which the

23  alleged conduct has occurred.

24         (b)  As used in this subsection, the term "criminal

25  conduct" means:

26         1.  A child is known or suspected to be the victim of

27  child abuse, as defined in s. 827.03, or of neglect of a

28  child, as defined in s. 827.03.

29         2.  A child is known or suspected to have died as a

30  result of abuse or neglect.

31  

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 1         3.  A child is known or suspected to be the victim of

 2  aggravated child abuse, as defined in s. 827.03.

 3         4.  A child is known or suspected to be the victim of

 4  sexual battery, as defined in s. 827.071, or of sexual abuse,

 5  as defined in s. 39.01.

 6         5.  A child is known or suspected to be the victim of

 7  institutional child abuse or neglect, as defined in s. 39.01,

 8  and as provided for in s. 39.302(1).

 9         6.  A child is known or suspected to be a victim of

10  human trafficking, as provided in s. 787.06.

11         (c)  Upon receiving a written report of an allegation

12  of criminal conduct from the department, the law enforcement

13  agency shall review the information in the written report to

14  determine whether a criminal investigation is warranted. If

15  the law enforcement agency accepts the case for criminal

16  investigation, it shall coordinate its investigative

17  activities with the department, whenever feasible. If the law

18  enforcement agency does not accept the case for criminal

19  investigation, the agency shall notify the department in

20  writing.

21         (d)  The local law enforcement agreement required in s.

22  39.306 shall describe the specific local protocols for

23  implementing this section.

24         (5)(a)  Upon commencing an investigation under this

25  part, the child protective investigator shall inform any

26  subject of the investigation of the following:

27         1.  The names of the investigators and identifying

28  credentials from the department.

29         2.  The purpose of the investigation.

30         3.  The right to obtain his or her own attorney and

31  ways that the information provided by the subject may be used.

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 1         4.  The possible outcomes and services of the

 2  department's response shall be explained to the parent or

 3  legal custodian.

 4         5.  The right of the parent or legal custodian to be

 5  involved to the fullest extent possible in determining the

 6  nature of the allegation and the nature of any identified

 7  problem.

 8         6.  The duty of the parent or legal custodian to report

 9  any change in the residence or location of the child to the

10  investigator and that the duty to report continues until the

11  investigation is closed.

12         (b)  The department's training program shall ensure

13  that protective investigators know how to fully inform parents

14  or legal custodians of their rights and options, including

15  opportunities for audio or video recording of investigators'

16  interviews with parents or legal custodians or children.

17         (22)  When an investigation is closed and a person is

18  not identified as a caregiver responsible for the abuse,

19  neglect, or abandonment alleged in the report, the fact that

20  the person is named in some capacity in the report may not be

21  used in any way to adversely affect the interests of that

22  person. This prohibition applies to any use of the information

23  in employment screening, licensing, child placement, adoption,

24  or any other decisions by a private adoption agency or a state

25  agency or its contracted providers, except that a previous

26  report may be used to determine whether a child is safe and

27  what the known risk is to the child at any stage of a

28  child-protection proceeding.

29         (23)  If, after having been notified of the requirement

30  to report a change in residence or location of the child to

31  the protective investigator, a parent or legal custodian

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 1  causes the child to move, or allows the child to be moved, to

 2  a different residence or location, or if the child leaves the

 3  residence on his or her own accord and the parent or legal

 4  custodian does not notify the protective investigator of the

 5  move within 2 business days, the child may be considered to be

 6  a missing child for the purposes of filing a report with a law

 7  enforcement agency under s. 937.021.

 8         Section 8.  Subsection (2) of section 39.303, Florida

 9  Statutes, is amended to read:

10         39.303  Child protection teams; services; eligible

11  cases.--The Children's Medical Services Program in the

12  Department of Health shall develop, maintain, and coordinate

13  the services of one or more multidisciplinary child protection

14  teams in each of the service districts of the Department of

15  Children and Family Services.  Such teams may be composed of

16  appropriate representatives of school districts and

17  appropriate health, mental health, social service, legal

18  service, and law enforcement agencies. The Legislature finds

19  that optimal coordination of child protection teams and sexual

20  abuse treatment programs requires collaboration between the

21  Department of Health and the Department of Children and Family

22  Services. The two departments shall maintain an interagency

23  agreement that establishes protocols for oversight and

24  operations of child protection teams and sexual abuse

25  treatment programs. The Secretary of Health and the Deputy

26  Secretary for Children's Medical Services, in consultation

27  with the Secretary of Children and Family Services, shall

28  maintain the responsibility for the screening, employment,

29  and, if necessary, the termination of child protection team

30  medical directors, at headquarters and in the 15 districts.

31  

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 1  Child protection team medical directors shall be responsible

 2  for oversight of the teams in the districts.

 3         (2)  The child abuse, abandonment, and neglect reports

 4  that must be referred by the department of Children and Family

 5  Services to child protection teams of the Department of Health

 6  for an assessment and other appropriate available support

 7  services as set forth in subsection (1) must include cases

 8  involving:

 9         (a)  Injuries to the head, bruises to the neck or head,

10  burns, or fractures in a child of any age.

11         (b)  Bruises anywhere on a child 5 years of age or

12  under.

13         (c)  Any report alleging sexual abuse of a child in

14  which vaginal or anal penetration is alleged or in which other

15  unlawful sexual conduct has been determined to have occurred.

16         (d)  Any sexually transmitted disease in a prepubescent

17  child.

18         (e)  Reported malnutrition of a child and failure of a

19  child to thrive.

20         (f)  Reported medical neglect of a child.

21         (g)  Any family in which one or more children have been

22  pronounced dead on arrival at a hospital or other health care

23  facility, or have been injured and later died, as a result of

24  suspected abuse, abandonment, or neglect, when any sibling or

25  other child remains in the home.

26         (h)  Symptoms of serious emotional problems in a child

27  when emotional or other abuse, abandonment, or neglect is

28  suspected.

29         Section 9.  Subsections (10) and (16) of section

30  39.402, Florida Statutes, are amended, and subsections (17)

31  and (18) are added to that section, to read:

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 1         39.402  Placement in a shelter.--

 2         (10)(a)  The shelter hearing order shall contain a

 3  written determination as to whether the department has made a

 4  reasonable effort to prevent or eliminate the need for removal

 5  or continued removal of the child from the home. This

 6  determination must include a description of which specific

 7  services, if available, could prevent or eliminate the need

 8  for removal or continued removal from the home and the date by

 9  which the services are expected to become available.

10         (b)  If services are not available to prevent or

11  eliminate the need for removal or continued removal of the

12  child from the home, the written determination must also

13  contain a explanation describing why the services are not

14  available for the child.

15         (c)  If the department has not made such an effort to

16  prevent or eliminate the need for removal, the court shall

17  order the department to provide appropriate and available

18  services to ensure the protection of the child in the home

19  when the such services are necessary for the child's health

20  and safety.

21         (16)  At the conclusion of a shelter hearing, the court

22  shall:

23         (a)  Notify all parties in writing of the next

24  scheduled hearing to review the shelter placement. The Such

25  hearing shall be held no later than 30 days after placement of

26  the child in shelter status, in conjunction with the

27  arraignment hearing, and at such times as are otherwise

28  provided by law or determined by the court to be necessary;

29  and.

30         (b)  Notify all parties in writing of the date, time,

31  and place of the case plan conference, family team conference,

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 1  or mediation that will be used to develop the case plan. The

 2  case plan conference, family team conference, or mediation

 3  must take place no later than 30 days after placing the child

 4  in shelter status.

 5         (17)  At the shelter hearing, the court shall inquire

 6  of the parent whether the parent has relatives who might be

 7  considered as a placement for the child. The parent shall

 8  provide to the court and all parties identification and

 9  location information regarding the relatives.

10         (18)  The court shall advise the parents that, if the

11  parents fail to substantially comply with the case plan, their

12  parental rights may be terminated and that the child's

13  out-of-home placement may become permanent.

14         Section 10.  Present subsections (7) and (8) of section

15  39.507, Florida Statutes, are redesignated as subsections (8)

16  and (9), respectively, and a new subsection (7) is added to

17  that section, to read:

18         39.507  Adjudicatory hearings; orders of

19  adjudication.--

20         (7)  If a court adjudicates a child dependent and the

21  child is in out-of-home care, the court shall inquire of the

22  parent or parents whether the parents have relatives who might

23  be considered as a placement for the child. The court shall

24  advise the parents that, if the child is not returned to their

25  custody within 12 months, their parental rights may be

26  terminated and that the child's out-of-home placement may

27  become permanent. The parent or parents shall provide to the

28  court and all parties identification and location information

29  of the relatives.

30  

31  

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 1         Section 11.  Paragraph (c) of subsection (1) and

 2  paragraph (a) of subsection (2) of section 39.5085, Florida

 3  Statutes, are amended to read:

 4         39.5085  Relative Caregiver Program.--

 5         (1)  It is the intent of the Legislature in enacting

 6  this section to:

 7         (c)  Recognize that permanency in the best interests of

 8  the child can be achieved through a variety of permanency

 9  options, including permanent guardianship under s. 39.6221 if

10  the guardian is a relative, by a relative long-term relative

11  custody, guardianship under chapter 744, or adoption, by

12  providing additional placement options and incentives that

13  will achieve permanency and stability for many children who

14  are otherwise at risk of foster care placement because of

15  abuse, abandonment, or neglect, but who may successfully be

16  able to be placed by the dependency court in the care of such

17  relatives.

18         (2)(a)  The Department of Children and Family Services

19  shall establish and operate the Relative Caregiver Program

20  under pursuant to eligibility guidelines established in this

21  section as further implemented by rule of the department. The

22  Relative Caregiver Program shall, within the limits of

23  available funding, provide financial assistance to:

24         1.  Relatives who are within the fifth degree by blood

25  or marriage to the parent or stepparent of a child and who are

26  caring full-time for that dependent child in the role of

27  substitute parent as a result of a court's determination of

28  child abuse, neglect, or abandonment and subsequent placement

29  with the relative under pursuant to this chapter.

30         2.  Relatives who are within the fifth degree by blood

31  or marriage to the parent or stepparent of a child and who are

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 1  caring full-time for that dependent child, and a dependent

 2  half-brother or half-sister of that dependent child, in the

 3  role of substitute parent as a result of a court's

 4  determination of child abuse, neglect, or abandonment and

 5  subsequent placement with the relative under pursuant to this

 6  chapter.

 7  

 8  The Such placement may be either court-ordered temporary legal

 9  custody to the relative under protective supervision of the

10  department under pursuant to s. 39.521(1)(b)3., or

11  court-ordered placement in the home of a relative as a

12  permanency option under s. 39.6221 or s. 39.6231 pursuant to

13  s. 39.622. The Relative Caregiver Program shall offer

14  financial assistance to caregivers who are relatives and who

15  would be unable to serve in that capacity without the relative

16  caregiver payment because of financial burden, thus exposing

17  the child to the trauma of placement in a shelter or in foster

18  care.

19         Section 12.  Subsection (1) of section 39.522, Florida

20  Statutes, is amended to read:

21         39.522  Postdisposition change of custody.--The court

22  may change the temporary legal custody or the conditions of

23  protective supervision at a postdisposition hearing, without

24  the necessity of another adjudicatory hearing.

25         (1)  A child who has been placed in the child's own

26  home under the protective supervision of an authorized agent

27  of the department, in the home of a relative, in the home of a

28  legal custodian, or in some other place may be brought before

29  the court by the department or by any other interested person,

30  upon the filing of a petition alleging a need for a change in

31  the conditions of protective supervision or the placement. If

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 1  the parents or other legal custodians deny the need for a

 2  change, the court shall hear all parties in person or by

 3  counsel, or both. Upon the admission of a need for a change or

 4  after such hearing, the court shall enter an order changing

 5  the placement, modifying the conditions of protective

 6  supervision, or continuing the conditions of protective

 7  supervision as ordered. The standard for changing custody of

 8  the child shall be the best interest of the child. When

 9  applying this standard, the court shall consider the

10  continuity of the child's placement in the same out-of-home

11  residence as a factor when determining the best interests of

12  the child. If the child is not placed in foster care, then the

13  new placement for the child must meet the home study criteria

14  and court approval pursuant to this chapter.

15         Section 13.  Section 39.6011, Florida Statutes, is

16  created to read:

17         39.6011  Case plan development.--

18         (1)  The department shall prepare a draft of the case

19  plan for each child receiving services under this chapter.  A

20  parent of a child may not be threatened or coerced with the

21  loss of custody or parental rights for failing to admit in the

22  case plan of abusing, neglecting, or abandoning a child.

23  Participating in the development of a case plan is not an

24  admission to any allegation of abuse, abandonment, or neglect,

25  and it is not a consent to a finding of dependency or

26  termination of parental rights. The case plan shall be

27  developed subject to the following requirements:

28         (a)  The case plan must be developed in a face-to-face

29  conference with the parent of the child, any court-appointed

30  guardian ad litem, and, if appropriate, the child and the

31  temporary custodian of the child. The conference to prepare a

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 1  case plan must be scheduled under s. 39.402(16)(b) and must be

 2  conducted according to one of the following procedures:

 3         1.  A case plan conference that is a meeting among the

 4  parties described in this subsection.

 5         2.  A mediation if dependency mediation services are

 6  available and appropriate and in the best interests of the

 7  child.

 8         3.  A family team conference if a family team

 9  conference is available.

10         (b)  The parent may receive assistance from any person

11  or social service agency in preparing the case plan.  The

12  social service agency, the department, and the court, when

13  applicable, shall inform the parent of the right to receive

14  such assistance, including the right to assistance of counsel.

15         (c)  If a parent is unwilling or unable to participate

16  in developing a case plan, the department shall document that

17  unwillingness or inability to participate. The documentation

18  must be provided in writing to the parent when available for

19  the court record, and the department shall prepare a case plan

20  conforming as nearly as possible with the requirements set

21  forth in this section. The unwillingness or inability of the

22  parent to participate in developing a case plan does not

23  preclude the filing of a petition for dependency or for

24  termination of parental rights. The parent, if available, must

25  be provided a copy of the case plan and be advised that he or

26  she may, at any time before the filing of a petition for

27  termination of parental rights, enter into a case plan and

28  that he or she may request judicial review of any provision of

29  the case plan with which he or she disagrees at any court

30  hearing set for the child.

31  

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 1         (2)  The case plan must be written simply and clearly

 2  in English and, if English is not the principal language of

 3  the child's parent, to the extent possible in the parent's

 4  principal language. Each case plan must contain:

 5         (a)  A description of the identified problem being

 6  addressed, including the parent's behavior or acts resulting

 7  in risk to the child and the reason for the intervention by

 8  the department.

 9         (b)  The permanency goal as defined in s. 39.01(51).

10         (c)  If concurrent planning is being used, a

11  description of the permanency goal of reunification with the

12  parent or legal custodian in addition to a description of one

13  of the remaining permanency goals described in s. 39.01(51).

14         (d)  The date the compliance period expires. The case

15  plan must be limited to as short a period as possible for

16  accomplishing its provisions. The plan's compliance period

17  expires no later than 12 months after the date the child was

18  initially removed from the home or the date the case plan was

19  accepted by the court, whichever occurs sooner.

20         (e)  A written notice to the parent that failure of the

21  parent to substantially comply with the case plan may result

22  in the termination of parental rights, and that a material

23  breach of the case plan may result in the filing of a petition

24  for termination of parental rights sooner than the compliance

25  period set forth in the case plan under s. 39.806(2).

26         (3)  The case plan must be signed by all parties,

27  except that the signature of a child may be waived if the

28  child is not of an age or capacity to participate in the

29  case-planning process. Signing the case plan constitutes an

30  acknowledgement that the case plan has been developed by the

31  parties and that they are in agreement as to the terms and

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 1  conditions contained in the case plan. The refusal of a parent

 2  to sign the case plan does not prevent the court from

 3  accepting the case plan if the case plan is otherwise

 4  acceptable to the court. Signing the case plan does not

 5  constitute an admission to any allegation of abuse,

 6  abandonment, or neglect and does not constitute consent to a

 7  finding of dependency or termination of parental rights.

 8  Before signing the case plan, the department shall explain the

 9  provisions of the plan to all persons involved in its

10  implementation, including, when appropriate, the child.

11         (4)  The case plan must describe:

12         (a)  The role of the foster parents or legal custodians

13  when developing the services that are to be provided to the

14  child, foster parents, or legal custodians;

15         (b)  The minimum number of face-to-face meetings to be

16  held each month between the parents and the department's

17  family services counselors to review the progress of the plan,

18  to eliminate barriers to progress, and to resolve conflicts or

19  disagreements; and

20         (c)  The parent's responsibility for financial support

21  of the child, including, but not limited to, health insurance

22  and child support.  The case plan must list the costs

23  associated with any services or treatment that the parent and

24  child are expected to receive which are the financial

25  responsibility of the parent. The determination of child

26  support and other financial support shall be made

27  independently of any determination of indigency under s.

28  39.013.

29         (5)  When the permanency goal for a child is adoption,

30  the case plan must include documentation of the steps the

31  agency is taking to find an adoptive family or other permanent

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 1  living arrangement for the child. At a minimum, the

 2  documentation shall include recruitment efforts that are

 3  specific to the child, such as the use of state, regional, and

 4  national adoption exchanges, including electronic exchange

 5  systems.

 6         (6)  After the case plan has been developed, the

 7  department shall adhere to the following procedural

 8  requirements:

 9         (a)  If the parent's substantial compliance with the

10  case plan requires the department to provide services to the

11  parents or the child and the parents agree to begin compliance

12  with the case plan before the case plan's acceptance by the

13  court, the department shall make the appropriate referrals for

14  services that will allow the parents to begin the agreed-upon

15  tasks and services immediately.

16         (b)  After the case plan has been agreed upon and

17  signed by the parties, a copy of the plan must be given

18  immediately to the parties, including the child if

19  appropriate, and to other persons as directed by the court.

20         1.  A case plan must be prepared, but need not be

21  submitted to the court, for a child who will be in care no

22  longer than 30 days unless that child is placed in out-of-home

23  care a second time within a 12-month period.

24         2.  In each case in which a child has been placed in

25  out-of-home care, a case plan must be prepared within 60 days

26  after the department removes the child from the home and shall

27  be submitted to the court before the disposition hearing for

28  the court to review and approve.

29         3.  After jurisdiction attaches, all case plans must be

30  filed with the court and a copy provided to all the parties

31  whose whereabouts are known not less than 3 business days

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 1  before the disposition hearing. The department shall file with

 2  the court, and provide copies to the parties, all case plans

 3  prepared before jurisdiction of the court attached.

 4         (7)  The case plan must be filed with the court and

 5  copies provided to all parties, including the child if

 6  appropriate, not less than 3 business days before the

 7  disposition hearing.

 8         Section 14.  Section 39.6012, Florida Statutes, is

 9  created to read:

10         39.6012  Case plan tasks; services.--

11         (1)  The services to be provided to the parent and the

12  tasks that must be completed are subject to the following:

13         (a)  The services described in the case plan must be

14  designed to improve the conditions in the home and aid in

15  maintaining the child in the home, facilitate the child's safe

16  return to the home, ensure proper care of the child, or

17  facilitate the child's permanent placement. The services

18  offered must be the least intrusive possible into the life of

19  the parent and child, must focus on clearly defined

20  objectives, and must provide the most efficient path to quick

21  reunification or permanent placement given the circumstances

22  of the case and the child's need for safe and proper care.

23         (b)  The case plan must describe each of the tasks with

24  which the parent must comply and the services to be provided

25  to the parent, specifically addressing the identified problem,

26  including:

27         1.  The type of services or treatment.

28         2.  The date the department will provide each service

29  or referral for the service if the service is being provided

30  by the department or its agent.

31  

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 1         3.  The date by which the parent must complete each

 2  task.

 3         4.  The frequency of services or treatment provided.

 4  The frequency of the delivery of services or treatment

 5  provided shall be determined by the professionals providing

 6  the services or treatment on a case-by-case basis and adjusted

 7  according to their best professional judgment.

 8         5.  The location of the delivery of the services.

 9         6.  The staff of the department or service provider

10  accountable for the services or treatment.

11         7.  A description of the measurable objectives,

12  including the timeframes specified for achieving the

13  objectives of the case plan and addressing the identified

14  problem.

15         (2)  The case plan must describe the services provided

16  to the child, including:

17         (a)  A description of the identified needs of the child

18  while in care.

19         (b)  A description of the plan for ensuring that the

20  child receives safe and proper care and that services are

21  provided to the child in order to address the child's needs.

22  To the extent available and accessible, the following health,

23  mental health, and education information and records of the

24  child must be attached to the case plan and updated throughout

25  the judicial-review process:

26         1.  The names and addresses of the child's health,

27  mental health, and educational providers;

28         2.  The child's grade-level performance;

29         3.  The child's school record;

30  

31  

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 1         4.  Assurances that the child's placement takes into

 2  account proximity to the school in which the child is enrolled

 3  at the time of placement;

 4         5.  A record of the child's immunizations;

 5         6.  The child's known medical history, including any

 6  known problems;

 7         7.  The child's medications, if any; and

 8         8.  Any other relevant health, mental health, and

 9  education information concerning the child.

10         (3)  In addition to any other requirement, if the child

11  is in an out-of-home placement, the case plan must include:

12         (a)  A description of the type of placement in which

13  the child is to be living.

14         (b)  A description of the parent's visitation rights

15  and obligations and the plan for sibling visitation if the

16  child has siblings and is separated from them.

17         (c)  When appropriate, for a child who is 13 years of

18  age or older, a written description of the programs and

19  services that will help the child prepare for the transition

20  from foster care to independent living.

21         (d)  A discussion of the safety and the appropriateness

22  of the child's placement, which placement is intended to be

23  safe, and the least restrictive and the most family-like

24  setting available consistent with the best interest and

25  special needs of the child and in as close proximity as

26  possible to the child's home.

27         Section 15.  Section 39.6013, Florida Statutes, is

28  created to read:

29         39.6013  Case plan amendments.--

30         (1)  After the case plan has been developed under s.

31  39.6011, the tasks and services agreed upon in the plan may

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 1  not be changed or altered in any way except as provided in

 2  this section.

 3         (2)  The case plan may be amended at any time in order

 4  to change the goal of the plan, employ the use of concurrent

 5  planning, add or remove tasks the parent must complete to

 6  substantially comply with the plan, provide appropriate

 7  services for the child, and update the child's health, mental

 8  health, and education records required by s. 39.6012.

 9         (3)  The case plan may be amended upon approval of the

10  court if all parties are in agreement regarding the amendments

11  to the plan and the amended plan is signed by all parties and

12  submitted to the court with a memorandum of explanation.

13         (4)  The case plan may be amended by the court or upon

14  motion of any party at any hearing to change the goal of the

15  plan, employ the use of concurrent planning, or add or remove

16  tasks the parent must complete in order to substantially

17  comply with the plan if there is a preponderance of evidence

18  demonstrating the need for the amendment. The need to amend

19  the case plan may be based on information discovered or

20  circumstances arising after the approval of the case plan for:

21         (a)  A previously unaddressed condition that, without

22  services, may prevent the child from safely returning to the

23  home or may prevent the child from safely remaining in the

24  home;

25         (b)  The child's need for permanency, taking into

26  consideration the child's age and developmental needs;

27         (c)  The failure of a party to substantially comply

28  with a task in the original case plan, including the

29  ineffectiveness of a previously offered service; or

30         (d)  An error or oversight in the case plan.

31  

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 1         (5)  The case plan may be amended by the court or upon

 2  motion of any party at any hearing to provide appropriate

 3  services to the child if there is competent evidence

 4  demonstrating the need for the amendment. The reason for

 5  amending the case plan may be based on information discovered

 6  or circumstances arising after the approval of the case plan

 7  regarding the provision of safe and proper care to the child.

 8         (6)  The case plan is deemed amended as to the child's

 9  health, mental health, and education records required by s.

10  39.6012 when the child's updated health and education records

11  are filed by the department under s. 39.701(7)(a).

12         (7)  Amendments must include service interventions that

13  are the least intrusive into the life of the parent and child,

14  must focus on clearly defined objectives, and must provide the

15  most efficient path to quick reunification or permanent

16  placement given the circumstances of the case and the child's

17  need for safe and proper care. A copy of the amended plan must

18  be immediately given to the persons identified in s.

19  39.601(1).

20         Section 16.  Subsections (1) and (2) of section 39.603,

21  Florida Statutes, are amended to read:

22         39.603  Court approvals of case planning.--

23         (1)  All case plans and amendments to case plans must

24  be approved by the court. At the hearing on the case plan,

25  which shall occur in conjunction with the disposition hearing

26  unless otherwise directed by the court, the court shall

27  determine:

28         (a)  All parties who were notified and are in

29  attendance at the hearing, either in person or through a legal

30  representative. The court may appoint a guardian ad litem

31  under Rule 1.210, Florida Rules of Civil Procedure, to

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 1  represent the interests of any parent, if the location of the

 2  parent is known but the parent is not present at the hearing

 3  and the development of the plan is based upon the physical,

 4  emotional, or mental condition or physical location of the

 5  parent.

 6         (b)  If the plan is consistent with previous orders of

 7  the court placing the child in care.

 8         (c)  If the plan is consistent with the requirements

 9  for the content of a plan as specified in this chapter.

10         (d)  In involuntary placements, whether each parent was

11  notified of the right to counsel at each stage of the

12  dependency proceedings, in accordance with the Florida Rules

13  of Juvenile Procedure.

14         (e)  Whether each parent whose location was known was

15  notified of the right to participate in the preparation of a

16  case plan and of the right to receive assistance from any

17  other person in the preparation of the case plan.

18         (f)  Whether the plan is meaningful and designed to

19  address facts and circumstances upon which the court based the

20  finding of dependency in involuntary placements or the plan is

21  meaningful and designed to address facts and circumstances

22  upon which the child was placed in out-of-home care

23  voluntarily.

24         (2)  When the court determines that any of the elements

25  considered at the hearing related to the plan have not been

26  met, the court shall require the parties to make necessary

27  amendments to the plan under s. 39.6013. The amended plan must

28  be submitted to the court for review and approval within 30

29  days after the hearing. A copy of the amended plan must also

30  be provided to each party, if the location of the party is

31  

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 1  known, at least 3 business days 72 hours before prior to

 2  filing with the court.

 3         Section 17.  Section 39.621, Florida Statutes, is

 4  amended to read:

 5         39.621  Permanency determination by the court.--

 6         (1)  Time is of the essence for permanency of children

 7  in the dependency system. A permanency hearing must be held no

 8  later than 12 months after the date the child was removed from

 9  the home or no later than 30 days after a court determines

10  that reasonable efforts to return a child to either parent are

11  not required, whichever occurs first. The purpose of the

12  permanency hearing is to determine when the child will achieve

13  the permanency goal or whether modifying the current goal is

14  in the best interest of the child. A permanency hearing must

15  be held at least every 12 months for any child who continues

16  to receive supervision from the department or awaits adoption.

17  When the court has determined that reunification with either

18  parent is not appropriate, then the court must make a

19  permanency determination for the child.

20         (2)  The permanency goals available under this chapter

21  are:

22         (a)  Reunification;

23         (b)  Adoption, if a petition for termination of

24  parental rights has been or will be filed;

25         (c)  Permanent guardianship of a dependent child under

26  s. 39.6221;

27         (d)  Permanent placement with a fit and willing

28  relative under s. 39.6231; or

29         (e)  Placement in another planned permanent living

30  arrangement under s. 39.6241.

31  

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 1         (3)(a)  At least 3 business days before the permanency

 2  hearing, the department shall file its judicial review social

 3  services report with the court and serve copies of the report

 4  on all parties.  The report must include a recommended

 5  permanency goal for the child, suggest changes to the case

 6  plan, if needed, and describe why the recommended goal is in

 7  the best interest of the child.

 8         (b)  Before the permanency hearing, the department

 9  shall advise the child and the individuals with whom the child

10  will be placed about the availability of more permanent and

11  legally secure placements and what type of financial

12  assistance is associated with each placement.

13         (4)  At the permanency hearing, the court shall

14  determine:

15         (a)  Whether the current permanency goal for the child

16  is appropriate or should be changed;

17         (b)  When the child will achieve one of the permanency

18  goals; and

19         (c)  Whether the department has made reasonable efforts

20  to finalize the permanency plan currently in effect.

21         (5)  The best interest of the child is the primary

22  consideration in determining the permanency goal for the

23  child.  The court must also consider:

24         (a)  The reasonable preference of the child if the

25  court has found the child to be of sufficient intelligence,

26  understanding, and experience to express a preference; and

27         (b)  Any recommendation of the guardian ad litem.

28         (6)(2)  If a child will not be reunited with a parent,

29  adoption, under pursuant to chapter 63, is the primary

30  permanency option available to the court. If the child is

31  placed with a relative or with a relative of the child's

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 1  half-brother or half-sister as a permanency option, the court

 2  may shall recognize the permanency of this placement without

 3  requiring the relative to adopt the child.

 4  

 5  If the court approves a permanency goal of permanent

 6  guardianship of a dependent child, placement with a fit and

 7  willing relative, or another planned permanent living

 8  arrangement, the court shall make findings as to why this

 9  permanent placement is established without adoption of the

10  child to follow. If the court approves a permanency goal of

11  another planned permanent living arrangement, the court shall

12  document the compelling reasons for choosing this goal.

13         (7)  The findings of the court regarding reasonable

14  efforts to finalize the permanency plan must be explicitly

15  documented, made on a case-by-case basis, and stated in the

16  court order.

17         (8)  The case plan must list the tasks necessary to

18  finalize the permanency placement and shall be updated at the

19  permanency hearing if necessary. If a concurrent case plan is

20  in place, the court may choose between the permanency goal

21  options presented and shall approve the goal that is in the

22  child's best interest.

23         (9)  The permanency placement is intended to continue

24  until the child reaches the age of majority and may not be

25  disturbed absent a finding by the court that the circumstances

26  of the permanency placement are no longer in the best interest

27  of the child. If a parent who has not had his or her parental

28  rights terminated makes a motion for reunification or

29  increased contact with the child, the court shall hold a

30  hearing to determine whether the dependency case should be

31  reopened and whether there should be a modification of the

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 1  order. At the hearing, the parent must demonstrate that the

 2  safety, well-being, and physical, mental, and emotional health

 3  of the child is not endangered by the modification.

 4         (10)  The court shall base its decision concerning any

 5  motion by a parent for reunification or increased contact with

 6  a child on the effect of the decision on the safety,

 7  well-being, and physical and emotional health of the child.

 8  Factors that must be considered and addressed in the findings

 9  of fact of the order on the motion must include:

10         (a)  The compliance or noncompliance of the parent with

11  the case plan;

12         (b)  The circumstances which caused the child's

13  dependency and whether those circumstances have been resolved;

14         (c)  The stability and longevity of the child's

15  placement;

16         (d)  The preferences of the child, if the child is of

17  sufficient age and understanding to express a preference;

18         (e)  The recommendation of the current custodian; and

19         (f)  The recommendation of the guardian ad litem, if

20  one has been appointed.

21         (3)  The permanency options listed in the following

22  paragraphs shall only be considered by the court if adoption

23  is determined by the court to not be in the child's best

24  interest, except as otherwise provided in subsection (2):

25         (a)  Guardianship pursuant to chapter 744.

26         (b)  Long-term custody.

27         (c)  Long-term licensed custody.

28         (d)  Independent living.

29  

30  The permanency placement is intended to continue until the

31  child reaches the age of majority and shall not be disturbed

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 1  absent a finding by the court that the circumstances of the

 2  permanency placement are no longer in the best interest of the

 3  child.

 4         Section 18.  Section 39.6221, Florida Statutes, is

 5  created to read:

 6         39.6221  Permanent guardianship of a dependent child.--

 7         (1)  If a court determines that reunification or

 8  adoption is not in the best interest of the child, the court

 9  may place the child in a permanent guardianship with a

10  relative or other adult approved by the court if all of the

11  following conditions are met:

12         (a)  The child has been in the placement for not less

13  than the preceding 6 months.

14         (b)  The permanent guardian is suitable and able to

15  provide a safe and permanent home for the child.

16         (c)  The court determines that the child and the

17  relative or other adult are not likely to need supervision or

18  services of the department to ensure the stability of the

19  permanent guardianship.

20         (d)  The permanent guardian has made a commitment to

21  provide for the child until the child reaches the age of

22  majority and to prepare the child for adulthood and

23  independence.

24         (e)  The permanent guardian agrees to give notice of

25  any change in his or her residential address or the residence

26  of the child by filing a written document in the dependency

27  file of the child with the clerk of the court.

28         (2)  In its written order establishing a permanent

29  guardianship, the court shall:

30         (a)  List the circumstances or reasons why the child's

31  parents are not fit to care for the child and why

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 1  reunification is not possible by referring to specific

 2  findings of fact made in its order adjudicating the child

 3  dependent or by making separate findings of fact;

 4         (b)  State the reasons why a permanent guardianship is

 5  being established instead of adoption;

 6         (c)  Specify the frequency and nature of visitation or

 7  contact between the child and his or her parents;

 8         (d)  Specify the frequency and nature of visitation or

 9  contact between the child and his or her grandparents, under

10  s. 39.509;

11         (e)  Specify the frequency and nature of visitation or

12  contact between the child and his or her siblings;

13         (f)  Require that the permanent guardian not return the

14  child to the physical care and custody of the person from whom

15  the child was removed without the approval of the court; and

16         (g)  List the powers and duties of the permanent

17  guardian which shall include the rights and duties of a

18  parent, including, but not limited to:

19         1.  The right to physical and legal custody of the

20  child;

21         2.  The right and duty to protect, nurture, guide, and

22  discipline the child;

23         3.  The right and duty to provide the child with food,

24  shelter, and education; and

25         4.  The right and duty to provide the child with

26  ordinary medical, dental, psychiatric, and psychological care,

27  unless these rights and duties are otherwise enlarged or

28  limited by court order.

29         (3)  The court shall give the permanent guardian a

30  separate order establishing the authority of the permanent

31  guardian to care for the child, reciting what powers and

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 1  duties listed in paragraph (2)(g) belong to the permanent

 2  guardian and providing any other information the court deems

 3  proper which can be provided to persons who are not parties to

 4  the proceeding as necessary, notwithstanding the

 5  confidentiality provisions of s. 39.202.

 6         (4)  A permanent guardianship of a dependent child

 7  established under this chapter is not a plenary guardianship

 8  and is not subject to the requirements of chapter 744.

 9         (5)  The court shall retain jurisdiction over the case

10  and the child shall remain in the custody of the permanent

11  guardian unless the order creating the permanent guardianship

12  is modified by the court. The court shall discontinue regular

13  review hearings and relieve the department of the

14  responsibility for supervising the placement of the child. Not

15  withstanding the retention of jurisdiction, the placement

16  shall be considered permanency for the child.

17         (6)  Placement of a child in a permanent guardianship

18  does not terminate the parent-child relationship, including:

19         (a)  The right of the child to inherit from his or her

20  parents;

21         (b)  The parents' right to consent to the child's

22  adoption; and

23         (c)  The parents' responsibility to provide financial,

24  medical, and other support for the child as ordered by the

25  court.

26         Section 19.  Section 39.6231, Florida Statutes, is

27  created to read:

28         39.6231  Permanent placement with a fit and willing

29  relative.--

30         (1)  If a court finds that reunification or adoption

31  are not in the best interests of a child, the court may place

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 1  the child with a fit and willing relative as a permanency

 2  option if:

 3         (a)  The child has been in the placement for at least

 4  the preceding 6 months;

 5         (b)  The relative has made a commitment to provide for

 6  the child until the child reaches the age of majority and to

 7  prepare the child for adulthood and independence;

 8         (c)  The relative is suitable and able to provide a

 9  safe and permanent home for the child; and

10         (d)  The relative agrees to give notice of any change

11  in his or her residence or the residence of the child by

12  filing a written document with the clerk of court.

13         (2)  The department and the guardian ad litem shall

14  provide the court with a recommended list and description of

15  services needed by the child and the family in order to ensure

16  the permanency of the placement.

17         (3)  In its written order placing the child with a fit

18  and willing relative, the court shall:

19         (a)  List the circumstances or reasons why

20  reunification is not possible by referring to specific

21  findings of fact made in its order adjudicating the child

22  dependent or by making separate findings of fact;

23         (b)  State the reasons why permanent placement with a

24  fit and willing relative is being established instead of

25  adoption;

26         (c)  Specify the frequency and nature of visitation or

27  contact between the child and his or her parents;

28         (d)  Specify the frequency and nature of visitation or

29  contact between the child and his or her grandparents, under

30  s. 39.509;

31  

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 1         (e)  Specify the frequency and nature of visitation or

 2  contact between the child and his or her siblings; and

 3         (f)  Require that the relative not return the child to

 4  the physical care and custody of the person from whom the

 5  child was removed without the approval of the court.

 6         (4)  The court shall give the relative a separate order

 7  establishing his or her authority to care for the child and

 8  providing other information the court deems proper which can

 9  be provided to entities and individuals who are not parties to

10  the proceeding as necessary, notwithstanding the

11  confidentiality of s. 39.202.

12         (5)  The department shall continue to supervise the

13  placement with the relative until further court order. The

14  court shall continue to review the placement at least once

15  every 6 months.

16         (6)  Each party to the proceeding must be advised by

17  the department and the court that placement with a fit and

18  willing relative does not preclude the possibility of the

19  child returning to the custody of the parent.

20         (7)  The court shall continue to conduct permanency

21  hearings in order to reevaluate the possibility of adoption or

22  permanent guardianship of the child.

23         Section 20.  Section 39.6241, Florida Statutes, is

24  created to read:

25         39.6241  Another planned permanent living

26  arrangement.--

27         (1)  If a court finds that reunification is not in the

28  best interests of a child, the court may approve placement of

29  the child in another planned permanent living arrangement if:

30         (a)  The court finds a more permanent placement, such

31  as adoption, permanent guardianship, or placement with a fit

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 1  and willing relative, is not in the best interests of the

 2  child;

 3         (b)  The department documents reasons why the placement

 4  will endure and how the proposed arrangement will be more

 5  stable and secure than ordinary foster care;

 6         (c)  The court finds that the health, safety, and

 7  well-being of the child will not be jeopardized by such an

 8  arrangement; and

 9         (d)  There are compelling reasons to show that another

10  placement is the most appropriate permanency goal. Compelling

11  reasons for another placement may include, but are not limited

12  to:

13         1.  The case of a parent and child who have a

14  significant bond but the parent is unable to care for the

15  child because of an emotional or physical disability and the

16  child's foster parents have committed to raising him or her to

17  the age of majority and to facilitate visitation with the

18  disabled parent;

19         2.  The case of a child for whom an Indian tribe has

20  identified another planned permanent living arrangement for

21  the child; or

22         3.  The case of a foster child who is 16 years of age

23  or older who chooses to remain in foster care and the child's

24  foster parents are willing to care for the child until the

25  child reaches 18 years of age.

26         (2)  The department and the guardian ad litem must

27  provide the court with a recommended list and description of

28  services needed by the child, such as independent living

29  services and medical, dental, educational, or psychological

30  referrals, and a recommended list and description of services

31  needed by his or her caregiver.

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 1         Section 21.  Paragraph (a) of subsection (7), paragraph

 2  (g) of subsection (8), and subsection (9) of section 39.701,

 3  Florida Statutes, are amended, and paragraph (k) is added to

 4  subsection (8) of that section, to read:

 5         39.701  Judicial review.--

 6         (7)(a)  Before Prior to every judicial review hearing

 7  or citizen review panel hearing, the social service agency

 8  shall make an investigation and social study concerning all

 9  pertinent details relating to the child and shall furnish to

10  the court or citizen review panel a written report that

11  includes, but is not limited to:

12         1.  A description of the type of placement the child is

13  in at the time of the hearing, including the safety of the

14  child and the continuing necessity for and appropriateness of

15  the placement.

16         2.  Documentation of the diligent efforts made by all

17  parties to the case plan to comply with each applicable

18  provision of the plan.

19         3.  The amount of fees assessed and collected during

20  the period of time being reported.

21         4.  The services provided to the foster family or legal

22  custodian in an effort to address the needs of the child as

23  indicated in the case plan.

24         5.  A statement that either:

25         a.  The parent, though able to do so, did not comply

26  substantially with the provisions of the case plan, and the

27  agency recommendations;

28         b.  The parent did substantially comply with the

29  provisions of the case plan; or

30  

31  

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 1         c.  The parent has partially complied with the

 2  provisions of the case plan, with a summary of additional

 3  progress needed and the agency recommendations.

 4         6.  A statement from the foster parent or legal

 5  custodian providing any material evidence concerning the

 6  return of the child to the parent or parents.

 7         7.  A statement concerning the frequency, duration, and

 8  results of the parent-child visitation, if any, and the agency

 9  recommendations for an expansion or restriction of future

10  visitation.

11         8.  The number of times a child has been removed from

12  his or her home and placed elsewhere, the number and types of

13  placements that have occurred, and the reason for the changes

14  in placement.

15         9.  The number of times a child's educational placement

16  has been changed, the number and types of educational

17  placements which have occurred, and the reason for any change

18  in placement.

19         10.  If the child has reached 13 years of age but is

20  not yet 18 years of age, the results of the preindependent

21  living, life skills, or independent living assessment; the

22  specific services needed; and the status of the delivery of

23  the identified services.

24         11.  Copies of all medical, psychological, and

25  educational records that support the terms of the case plan

26  and that have been produced concerning the child, parents, or

27  any caregiver since the last judicial review hearing.

28         12.  Copies of the child's current health, mental

29  health, and education records as identified in s. 39.6012.

30         (8)  The court and any citizen review panel shall take

31  into consideration the information contained in the social

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 1  services study and investigation and all medical,

 2  psychological, and educational records that support the terms

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

 4  parent, the foster parent or legal custodian, the guardian ad

 5  litem if one has been appointed for the child, and any other

 6  person deemed appropriate; and any relevant and material

 7  evidence submitted to the court, including written and oral

 8  reports to the extent of their probative value. These reports

 9  and evidence may be received by the court in its effort to

10  determine the action to be taken with regard to the child and

11  may be relied upon to the extent of their probative value,

12  even though not competent in an adjudicatory hearing. In its

13  deliberations, the court and any citizen review panel shall

14  seek to determine:

15         (g)  Whether the child is receiving safe and proper

16  care according to s. 39.6012, including, but not limited to,

17  the appropriateness of the child's current placement,

18  including whether the child is in a setting that which is as

19  family-like and as close to the parent's home as possible,

20  consistent with the child's best interests and special needs,

21  and including maintaining stability in the child's educational

22  placement.

23         (k)  If amendments to the case plan are required.

24  Amendments to the case plan must be made under s. 39.6013.

25         (9)(a)  Based upon the criteria set forth in subsection

26  (8) and the recommended order of the citizen review panel, if

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

28  service agency shall initiate proceedings to have a child

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

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

31  of time, or initiate termination of parental rights

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 1  proceedings for subsequent placement in an adoptive home.

 2  Amendments Modifications to the case plan must be prepared

 3  handled as prescribed in s. 39.6013 s. 39.601. If the court

 4  finds that the prevention or reunification efforts of the

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

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

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

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

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

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

11  not be endangered.

12         (b)  The court shall return the child to the custody of

13  the parents at any time it determines that they have

14  substantially complied with the case plan, if the court is

15  satisfied that reunification will not be detrimental to the

16  child's safety, well-being, and physical, mental, and

17  emotional health.

18         (c)  If, in the opinion of the court, the social

19  service agency has not complied with its obligations as

20  specified in the written case plan, the court may find the

21  social service agency in contempt, shall order the social

22  service agency to submit its plans for compliance with the

23  agreement, and shall require the social service agency to show

24  why the child could not safely be returned to the home of the

25  parents.

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

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

28  information provided by the social service agency, and the

29  guardian ad litem, if one has been appointed, the parent or

30  parents, and the foster parents or legal custodian, and any

31  other competent information on record demonstrating the need

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 1  for the amendment. If the court extends the time limitation of

 2  the case plan, the court must make specific findings

 3  concerning the frequency of past parent-child visitation, if

 4  any, and the court may authorize the expansion or restriction

 5  of future visitation. Modifications to the plan must be

 6  handled as prescribed in s. 39.601. Any extension of a case

 7  plan must comply with the time requirements and other

 8  requirements specified by this chapter.

 9         (d)(e)  If, at any judicial review, the court finds

10  that the parents have failed to substantially comply with the

11  case plan to the degree that further reunification efforts are

12  without merit and not in the best interest of the child, on

13  its own motion, the court it may order authorize the filing of

14  a petition for termination of parental rights, whether or not

15  the time period as contained in the case plan for substantial

16  compliance has expired elapsed.

17         (e)(f)  No later than 6 12 months after the date that

18  the child was placed in shelter care, the court shall conduct

19  a judicial review hearing to review plan for the child's

20  permanency goal as identified in the case plan. At the hearing

21  the court shall make findings regarding the likelihood of the

22  child's reunification with the parent or legal custodian

23  within 12 months after the removal of the child from the home.

24  If, at this hearing, the court makes a written finding that it

25  is not likely that the child will be reunified with the parent

26  or legal custodian within 12 months after the child was

27  removed from the home, the department must file with the

28  court, and serve on all parties, a motion to amend the case

29  plan under s. 39.6013 and declare that it will use concurrent

30  planning for the case plan. The department must file the

31  motion no later than 10 business days after receiving the

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 1  written finding of the court. The department must attach the

 2  proposed amended case plan to the motion. If concurrent

 3  planning is already being used, the case plan must document

 4  the efforts the department is taking to complete the

 5  concurrent goal. At this hearing, if the child is not returned

 6  to the physical custody of the parents, the case plan may be

 7  extended with the same goals only if the court finds that the

 8  situation of the child is so extraordinary that the plan

 9  should be extended. The case plan must document steps the

10  department is taking to find an adoptive parent or other

11  permanent living arrangement for the child.

12         (f)(g)  The court may issue a protective order in

13  assistance, or as a condition, of any other order made under

14  this part. In addition to the requirements included in the

15  case plan, the protective order may set forth requirements

16  relating to reasonable conditions of behavior to be observed

17  for a specified period of time by a person or agency who is

18  before the court; and the such order may require any such

19  person or agency to make periodic reports to the court

20  containing such information as the court in its discretion may

21  prescribe.

22         Section 22.  Section 39.703, Florida Statutes, is

23  amended to read:

24         39.703  Initiation of termination of parental rights

25  proceedings; judicial review.--

26         (1)  If, in preparation for a any judicial review

27  hearing under this chapter, it is the opinion of the social

28  service agency that the parents of the child have not complied

29  with their responsibilities as specified in the written case

30  plan although able to do so, the department shall state its

31  intent to initiate proceedings to terminate parental rights,

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 1  unless the social service agency can demonstrate to the court

 2  that such a recommendation would not be in the child's best

 3  interests. If it is the intent of the department to initiate

 4  proceedings to terminate parental rights, the department shall

 5  file a petition for termination of parental rights no later

 6  than 3 months after the date of the previous judicial review

 7  hearing. If the petition cannot be filed within 3 months, the

 8  department shall provide a written report to the court

 9  outlining the reasons for delay, the progress made in the

10  termination of parental rights process, and the anticipated

11  date of completion of the process.

12         (2)  If, at the time of the 12-month judicial review

13  hearing, a child is not returned to the physical custody of

14  the parents, the department shall file a petition to terminate

15  parental rights or, if a petition to terminate parental rights

16  has been filed by another party, seek to be joined as a party

17  to the petition previously filed. The court shall set an

18  advisory hearing at the judicial review hearing if an advisory

19  hearing has not previously been set. initiate termination of

20  parental rights proceedings under this chapter within 30 days.

21  Only if the court finds that the situation of the child is so

22  extraordinary and that the best interests of the child will be

23  met by such action at the time of the judicial review may the

24  case plan be extended. If the court decides to extend the

25  plan, the court shall enter detailed findings justifying the

26  decision to extend, as well as the length of the extension. A

27  termination of parental rights petition need not be filed if:

28  the child is being cared for by a relative who chooses not to

29  adopt the child but who is willing, able, and suitable to

30  serve as the legal custodian for the child until the child

31  reaches 18 years of age; the court determines that filing such

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 1  a petition would not be in the best interests of the child; or

 2  the state has not provided the child's parent, when reasonable

 3  efforts to return a child are required, consistent with the

 4  time period in the state's case plan, such services as the

 5  state deems necessary for the safe return of the child to his

 6  or her home. Failure to initiate termination of parental

 7  rights proceedings at the time of the 12-month judicial review

 8  or within 30 days after such review does not prohibit

 9  initiating termination of parental rights proceedings at any

10  other time.

11         (3)  Notwithstanding subsection (2), the department may

12  choose not to file or join in a petition to terminate the

13  parental rights of a parent under subsection (2) if:

14         (a)  The child is being cared for by a relative under

15  s. 39.6231;

16         (b)  The department has documented in the report to the

17  court a compelling reason for determining that filing such a

18  petition would not be in the best interests of the child.

19  Compelling reasons for not filing or joining a petition to

20  terminate parental rights may include, but are not limited to:

21         1.  Adoption is not the appropriate permanency goal for

22  the child;

23         2.  No grounds to file a petition to terminate parental

24  rights exist;

25         3.  The child is an unaccompanied refugee minor as

26  defined in 45 C.F.R. 400.111;

27         4.  There are international legal obligations or

28  compelling foreign-policy reasons that would preclude

29  terminating parental rights; or

30         5.  The department has not provided to the family,

31  consistent with the time period in the case plan, services

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 1  that the department deems necessary for the safe return of the

 2  child to the home.

 3         (4)  Upon good cause shown by any party, the court may

 4  review the determination by the department that compelling

 5  reasons exist for not filing a petition for termination of

 6  parental rights.

 7         Section 23.  Subsections (1) and (2) of section 39.806,

 8  Florida Statutes, are amended to read:

 9         39.806  Grounds for termination of parental rights.--

10         (1)  The department, the guardian ad litem, or any

11  person who has knowledge of the facts alleged or who is

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

13  petition Grounds for the termination of parental rights may be

14  established under any of the following circumstances:

15         (a)  When the parent or parents have voluntarily

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

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

18  department for subsequent adoption and the department is

19  willing to accept custody of the child.

20         1.  The surrender document must be executed before two

21  witnesses and a notary public or other person authorized to

22  take acknowledgments.

23         2.  The surrender and consent may be withdrawn after

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

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

26  duress.

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

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

29  cannot be ascertained by diligent search within 60 days.

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

31  toward the child or toward other children that demonstrates

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 1  that the continuing involvement of the parent or parents in

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

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

 4  child irrespective of the provision of services. Provision of

 5  services may be evidenced by proof that services were provided

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

 7  welfare agency.

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

 9  state or federal correctional institution and either:

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

11  to be incarcerated will constitute a substantial portion of

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

13  years;

14         2.  The incarcerated parent has been determined by the

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

16  775.084, a habitual violent felony offender as defined in s.

17  775.084, or a sexual predator as defined in s. 775.21; has

18  been convicted of first degree or second degree murder in

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

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

21  or has been convicted of an offense in another jurisdiction

22  which is substantially similar to one of the offenses listed

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

24  "substantially similar offense" means any offense that is

25  substantially similar in elements and penalties to one of

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

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

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

29  possession or territory thereof, or any foreign jurisdiction;

30  or

31  

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 1         3.  The court determines by clear and convincing

 2  evidence that continuing the parental relationship with the

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

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

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

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

 7  also be filed When a child has been adjudicated dependent, a

 8  case plan has been filed with the court, and:

 9         1.  The child continues to be abused, neglected, or

10  abandoned by the parents. In this case, the failure of the

11  parents to substantially comply for a period of 12 months

12  after an adjudication of the child as a dependent child or the

13  child's placement into shelter care, whichever came first,

14  constitutes evidence of continuing abuse, neglect, or

15  abandonment unless the failure to substantially comply with

16  the case plan was due either to the lack of financial

17  resources of the parents or to the failure of the department

18  to make reasonable efforts to reunify the parent and child.

19  The Such 12-month period begins may begin to run only after

20  the child's placement into shelter care or the entry of a

21  disposition order placing the custody of the child with the

22  department or a person other than the parent and the approval

23  by the court of a case plan with a goal of reunification with

24  the parent, whichever came first; or.

25         2.  The parent has materially breached the case plan by

26  making it unlikely that he or she will be able to

27  substantially comply with the case plan before the time for

28  compliance expires. Time is of the essence for permanency of

29  children in the dependency system. In order to prove the

30  parent has materially breached the case plan, the court must

31  find by clear and convincing evidence that the parent is

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 1  unlikely or unable to substantially comply with the case plan

 2  before time expires to comply with the case plan.

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

 4  conduct or had the opportunity and capability to prevent and

 5  knowingly failed to prevent egregious conduct that threatens

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

 7  the child or the child's sibling.

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

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

10  parent or parents regardless of whether the child is related

11  legally or by consanguinity.

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

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

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

15  or outrageous by a normal standard of conduct. Egregious

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

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

18  endanger the life of the child.

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

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

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

22  chronic abuse.

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

24  or voluntary manslaughter of another child, or a felony

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

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

27  solicited to commit such a murder or voluntary manslaughter or

28  felony assault.

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

30  sibling have been terminated involuntarily.

31  

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 1         (2)  Reasonable efforts to preserve and reunify

 2  families are shall not be required if a court of competent

 3  jurisdiction has determined that any of the events described

 4  in paragraphs (1)(e)-(i) have occurred.

 5         Section 24.  Subsection (1) of section 39.810, Florida

 6  Statutes, is amended to read:

 7         39.810  Manifest best interests of the child.--In a

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

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

10  This consideration shall not include a comparison between the

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

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

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

14  court shall consider and evaluate all relevant factors,

15  including, but not limited to:

16         (1)  Any suitable permanent custody arrangement with a

17  relative of the child. However, the availability of a

18  nonadoptive placement with a relative may not receive greater

19  consideration than any other factor weighing on the manifest

20  best interest of the child and may not be considered as a

21  factor weighing against termination of parental rights. If a

22  child has been in a stable or preadoptive placement for not

23  less than 6 months, the availability of a different placement,

24  including a placement with a relative, may not be considered

25  as a ground to deny the termination of parental rights.

26         Section 25.  Subsection (4) of section 39.811, Florida

27  Statutes, is amended to read:

28         39.811  Powers of disposition; order of disposition.--

29         (4)  If the child is neither in the custody of the

30  department nor in the custody of a parent and the court finds

31  that the grounds for termination of parental rights have been

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 1  established for either or both parents, the court shall enter

 2  an order terminating parental rights for the parent or parents

 3  for whom the grounds for termination have been established and

 4  placing the child with the department or an appropriate legal

 5  custodian. If the parental rights of both parents have been

 6  terminated, or if the parental rights of only one parent have

 7  been terminated and the court makes specific findings based on

 8  evidence presented that placement with the remaining parent is

 9  likely to be harmful to the child, the court may order that

10  the child be placed with a legal custodian other than the

11  department after hearing evidence of the suitability of the

12  such intended placement. Suitability of the intended placement

13  includes the fitness and capabilities of the proposed legal

14  custodian to function as the primary caregiver for a

15  particular child; and the compatibility of the child with the

16  home in which the child is intended to be placed.  If the

17  court orders that a child be placed with a legal custodian

18  under this subsection, the court shall appoint a such legal

19  custodian either as the guardian for the child as provided in

20  s. 744.3021 or s. 39.621 or as the long-term custodian of the

21  child as provided in s. 39.622 so long as the child has been

22  residing with the legal custodian for a minimum of 6 months.

23  The court may modify the order placing the child in the

24  custody of the legal custodian and revoke the guardianship

25  established under s. 744.3021 or another the long-term

26  custodial relationship if the court subsequently finds the

27  placement to be no longer in the best interest of the child.

28         Section 26.  Paragraph (b) of subsection (3) of section

29  39.0015, Florida Statutes, is amended to read:

30         39.0015  Child abuse prevention training in the

31  district school system.--

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 1         (3)  DEFINITIONS.--As used in this section:

 2         (b)  "Child abuse" means those acts as defined in ss.

 3  39.01(1), (2), (32), (42), (44), (55) (30), (43), (45), (52),

 4  and (62) (63), 827.04, and 984.03(1), (2), and (37).

 5         Section 27.  Subsection (5) of section 39.205, Florida

 6  Statutes, is amended to read:

 7         39.205  Penalties relating to reporting of child abuse,

 8  abandonment, or neglect.--

 9         (5)  If the department or its authorized agent has

10  determined after its investigation that a report is false, the

11  department shall, with the consent of the alleged perpetrator,

12  refer the report to the local law enforcement agency having

13  jurisdiction for an investigation to determine whether

14  sufficient evidence exists to refer the case for prosecution

15  for filing a false report as defined in s. 39.01(28) s.

16  39.01(27). During the pendency of the investigation by the

17  local law enforcement agency, the department must notify the

18  local law enforcement agency of, and the local law enforcement

19  agency must respond to, all subsequent reports concerning

20  children in that same family in accordance with s. 39.301.  If

21  the law enforcement agency believes that there are indicators

22  of abuse, abandonment, or neglect, it must immediately notify

23  the department, which must assure the safety of the children.

24  If the law enforcement agency finds sufficient evidence for

25  prosecution for filing a false report, it must refer the case

26  to the appropriate state attorney for prosecution.

27         Section 28.  Subsection (1) of section 39.302, Florida

28  Statutes, is amended to read:

29         39.302  Protective investigations of institutional

30  child abuse, abandonment, or neglect.--

31  

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 1         (1)  The department shall conduct a child protective

 2  investigation of each report of institutional child abuse,

 3  abandonment, or neglect.  Upon receipt of a report that

 4  alleges that an employee or agent of the department, or any

 5  other entity or person covered by s. 39.01(33) or (46) s.

 6  39.01(31) or (47), acting in an official capacity, has

 7  committed an act of child abuse, abandonment, or neglect, the

 8  department shall initiate a child protective investigation

 9  within the timeframe established by the central abuse hotline

10  under pursuant to s. 39.201(5) and orally notify the

11  appropriate state attorney, law enforcement agency, and

12  licensing agency. These agencies shall immediately conduct a

13  joint investigation, unless independent investigations are

14  more feasible. When conducting investigations onsite or having

15  face-to-face interviews with the child, such investigation

16  visits shall be unannounced unless it is determined by the

17  department or its agent that the such unannounced visits would

18  threaten the safety of the child.  When a facility is exempt

19  from licensing, the department shall inform the owner or

20  operator of the facility of the report.  Each agency

21  conducting a joint investigation is shall be entitled to full

22  access to the information gathered by the department in the

23  course of the investigation. A protective investigation must

24  include an onsite visit of the child's place of residence. In

25  all cases, the department shall make a full written report to

26  the state attorney within 3 working days after making the oral

27  report. A criminal investigation shall be coordinated,

28  whenever possible, with the child protective investigation of

29  the department. Any interested person who has information

30  regarding the offenses described in this subsection may

31  forward a statement to the state attorney as to whether

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 1  prosecution is warranted and appropriate. Within 15 days after

 2  the completion of the investigation, the state attorney shall

 3  report the findings to the department and shall include in the

 4  such report a determination of whether or not prosecution is

 5  justified and appropriate in view of the circumstances of the

 6  specific case.

 7         Section 29.  For the purpose of incorporating the

 8  amendments made by this act to section 39.806, Florida

 9  Statutes, in a reference thereto, subsection (5) of section

10  39.802, Florida Statutes, is reenacted to read:

11         39.802  Petition for termination of parental rights;

12  filing; elements.--

13         (5)  When a petition for termination of parental rights

14  is filed under s. 39.806(1), a separate petition for

15  dependency need not be filed and the department need not offer

16  the parents a case plan with a goal of reunification, but may

17  instead file with the court a case plan with a goal of

18  termination of parental rights to allow continuation of

19  services until the termination is granted or until further

20  orders of the court are issued.

21         Section 30.  Subsection (1) of section 39.828, Florida

22  Statutes, is amended to read:

23         39.828  Grounds for appointment of a guardian

24  advocate.--

25         (1)  The court shall appoint the person named in the

26  petition as a guardian advocate with all the powers and duties

27  specified in s. 39.829 for an initial term of 1 year upon a

28  finding that:

29         (a)  The child named in the petition is or was a drug

30  dependent newborn as described in s. 39.01(32)(g) s.

31  39.01(30)(g);

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 1         (b)  The parent or parents of the child have

 2  voluntarily relinquished temporary custody of the child to a

 3  relative or other responsible adult;

 4         (c)  The person named in the petition to be appointed

 5  the guardian advocate is capable of carrying out the duties as

 6  provided in s. 39.829; and

 7         (d)  A petition to adjudicate the child dependent under

 8  pursuant to this chapter has not been filed.

 9         Section 31.  Subsection (3) of section 63.092, Florida

10  Statutes, is amended to read:

11         63.092  Report to the court of intended placement by an

12  adoption entity; at-risk placement; preliminary study.--

13         (3)  PRELIMINARY HOME STUDY.--Before placing the minor

14  in the intended adoptive home, a preliminary home study must

15  be performed by a licensed child-placing agency, a

16  child-caring agency registered under s. 409.176, a licensed

17  professional, or agency described in s. 61.20(2), unless the

18  adoptee is an adult or the petitioner is a stepparent or a

19  relative. If the adoptee is an adult or the petitioner is a

20  stepparent or a relative, a preliminary home study may be

21  required by the court for good cause shown. The department is

22  required to perform the preliminary home study only if there

23  is no licensed child-placing agency, child-caring agency

24  registered under s. 409.176, licensed professional, or agency

25  described in s. 61.20(2), in the county where the prospective

26  adoptive parents reside. The preliminary home study must be

27  made to determine the suitability of the intended adoptive

28  parents and may be completed prior to identification of a

29  prospective adoptive minor. A favorable preliminary home study

30  is valid for 1 year after the date of its completion. Upon its

31  completion, a copy of the home study must be provided to the

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 1  intended adoptive parents who were the subject of the home

 2  study. A minor may not be placed in an intended adoptive home

 3  before a favorable preliminary home study is completed unless

 4  the adoptive home is also a licensed foster home under s.

 5  409.175. The preliminary home study must include, at a

 6  minimum:

 7         (a)  An interview with the intended adoptive parents;

 8         (b)  Records checks of the department's central abuse

 9  registry and criminal records correspondence checks under s.

10  39.0138 pursuant to s. 435.045 through the Department of Law

11  Enforcement on the intended adoptive parents;

12         (c)  An assessment of the physical environment of the

13  home;

14         (d)  A determination of the financial security of the

15  intended adoptive parents;

16         (e)  Documentation of counseling and education of the

17  intended adoptive parents on adoptive parenting;

18         (f)  Documentation that information on adoption and the

19  adoption process has been provided to the intended adoptive

20  parents;

21         (g)  Documentation that information on support services

22  available in the community has been provided to the intended

23  adoptive parents; and

24         (h)  A copy of each signed acknowledgment of receipt of

25  disclosure required by s. 63.085.

26  

27  If the preliminary home study is favorable, a minor may be

28  placed in the home pending entry of the judgment of adoption.

29  A minor may not be placed in the home if the preliminary home

30  study is unfavorable. If the preliminary home study is

31  unfavorable, the adoption entity may, within 20 days after

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 1  receipt of a copy of the written recommendation, petition the

 2  court to determine the suitability of the intended adoptive

 3  home. A determination as to suitability under this subsection

 4  does not act as a presumption of suitability at the final

 5  hearing. In determining the suitability of the intended

 6  adoptive home, the court must consider the totality of the

 7  circumstances in the home. No minor may be placed in a home in

 8  which there resides any person determined by the court to be a

 9  sexual predator as defined in s. 775.21 or to have been

10  convicted of an offense listed in s. 63.089(4)(b)2.

11         Section 32.  Paragraph (d) of subsection (1) of section

12  419.001, Florida Statutes, is amended to read:

13         419.001  Site selection of community residential

14  homes.--

15         (1)  For the purposes of this section, the following

16  definitions shall apply:

17         (d)  "Resident" means any of the following: a frail

18  elder as defined in s. 400.618; a physically disabled or

19  handicapped person as defined in s. 760.22(7)(a); a

20  developmentally disabled person as defined in s. 393.063; a

21  nondangerous mentally ill person as defined in s. 394.455(18);

22  or a child who is found to be dependent or a child in need of

23  services as defined in s. 39.01(14), s. 984.03(9) or (12), or

24  s. 985.03(8).

25         Section 33.  Sections 39.601, 39.622, 39.623, 39.624,

26  and 435.045, Florida Statutes, are repealed.

27         Section 34.  This act shall take effect July 1, 2006.

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1080

 3                                 

 4  Requires the parent or legal custodian of any child who is the
    subject of an investigation of abuse, neglect, or abandonment
 5  to inform the investigator of any change in the location or
    residence of the child.
 6  
    Clarifies the authority of the child protection team to
 7  investigate reports of sexual abuse.

 8  Authorizes judicial rather than administrative reviews of
    decisions by the Department of Children and Families (DCF) to
 9  deny an exemption from disqualification on the basis of a
    criminal conviction for the placement of a child.
10  
    Clarifies the authority of DCF to accept hotline calls
11  reporting that a child is in need of supervision and care and
    has no parent, legal custodian, or responsible adult relative
12  immediately known and available to provide supervision and
    care.
13  
    Clarifies the factors for a court to consider in deciding
14  whether to return a child to a parent after another permanency
    option has been exercised.
15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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