Senate Bill sb1080c2

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    Florida Senate - 2006                    CS for CS for SB 1080

    By the Committees on Judiciary; and Children and Families





    590-1902-06

  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. 39.0121, F.S.; authorizing the Department of

  6         Children and Family Services to adopt rules for

  7         sharing information contained in a child's case

  8         plan with the custodian and family services

  9         counselor; amending s. 39.013, F.S.; removing

10         provisions relating to continuances; creating

11         s. 39.0136, F.S.; providing for time

12         limitations in child protective cases;

13         providing exceptions; creating s. 39.0137;

14         providing that state laws do not supersede

15         certain federal laws; requiring the Department

16         of Children and Family Services to adopt rules;

17         creating s. 39.0138, F.S.; authorizing the

18         department to conduct criminal background

19         record checks of persons being considered as

20         prospective foster parents; providing that a

21         court may review the granting or denial of the

22         placement of a child based upon a criminal

23         offense; providing that the person seeking

24         placement of a child has the burden of setting

25         forth evidence that he or she will not endanger

26         the child if placement is allowed; amending s.

27         39.201, F.S.; requiring that any person who

28         knows or suspects that a child is in need of

29         supervision and care and has no parent, legal

30         custodian, or responsible adult relative

31         immediately known and available to provide

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 1         supervision and care, must report this

 2         information to the central abuse hotline of the

 3         Department of Children and Family Services;

 4         amending s. 39.301, F.S.; providing that the

 5         department may rely upon a previous report to

 6         indicate that child abuse has occurred;

 7         redefining the term "criminal conduct" to

 8         include a child who is known or suspected to be

 9         a victim of human trafficking; requiring each

10         child protective investigator to inform the

11         person who is the subject of a child protective

12         investigation that he or she has a duty to

13         report any change in the residence or location

14         of the child to the investigator and that the

15         duty to report continues until the

16         investigation is closed; providing that if the

17         child has moved to a different residence or

18         location, a report may be filed with a law

19         enforcement agency under certain circumstances;

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

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

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

23         contain specified information relating to the

24         availability of services to prevent removal

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

26         requiring the court to inquire of the parents

27         whether the parents have relatives who might be

28         considered as a placement for the child;

29         requiring that the court advise the parents

30         that if they fail to comply with the case plan

31         their parental rights may be terminated;

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 1         amending s. 39.5085, F.S.; conforming

 2         provisions to changes made by the act;

 3         correcting cross-references; amending s.

 4         39.521, F.S.; clarifying circumstances under

 5         which transferring custody to an adult relative

 6         must be considered; amending s. 39.522, F.S.;

 7         requiring the court to consider the continuity

 8         of the child's placement in the same

 9         out-of-home residence as a factor when

10         determining the best interests of the child in

11         a postdisposition proceeding to modify custody;

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

13         for drafting and implementing a case plan;

14         requiring the department to prepare a case plan

15         for each child receiving services from the

16         department; requiring certain face-to-face

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

18         for case plan tasks and services; providing the

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

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

21         describing the circumstance under which a case

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

23         requiring that case plans and amendments be

24         approved by the court; amending s. 39.621,

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

26         a child in the dependency system; providing

27         prehearing procedures; providing for permanency

28         hearings; directing the court to make certain

29         findings at the permanency hearing; creating s.

30         39.6221, F.S.; providing for the permanent

31         guardianship for a dependent child; authorizing

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 1         the court to consider a permanent guardian as a

 2         long-term option for a dependent child;

 3         requiring a written order; providing for the

 4         contents of the permanent guardianship order;

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

 6         placement with a fit and willing relative;

 7         requiring the court to specify the reasons to

 8         place a child with a relative; providing for

 9         the department to supervise the placement for a

10         specified time period; creating s. 39.6241,

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

12         another planned permanent living arrangement

13         under certain circumstances; amending s.

14         39.701, F.S.; requiring that a child's current

15         health and education records be included in the

16         documentation for the judicial review report;

17         requiring the court to conduct a judicial

18         review 6 months after the child was placed in

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

20         providing when the department may file a

21         petition for termination of parental rights;

22         providing that the department may choose not to

23         file a petition under certain specified

24         circumstances; amending s. 39.806, F.S.;

25         authorizing a material breach of the case plan

26         as a ground to terminate parental rights;

27         requiring that the department show, and the

28         court find, the material breach by clear and

29         convincing evidence; amending s. 39.810, F.S.;

30         providing certain factors for the court to

31         consider for the best interest of the child;

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 1         amending s. 39.811, F.S.; conforming provisions

 2         to changes made by the act; amending ss.

 3         39.0015, 39.205, 39.302, 39.828, 63.092, and

 4         419.001, F.S.; correcting cross-references;

 5         reenacting s. 39.802(5), F.S., relating to the

 6         filing of a petition to terminate parental

 7         rights, to incorporate the amendments made to

 8         s. 39.806, F.S., in a reference thereto;

 9         repealing ss. 39.601, 39.622, 39.623, 39.624,

10         and 435.045, F.S., relating to case plan

11         requirements, long-term custody of a dependent

12         child, long-term licensed custody of a

13         dependent child, independent living, and

14         background screening of certain persons before

15         a dependent child is placed in their home;

16         providing an effective date.

17  

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

19  

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

21  to read:

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

23  the context otherwise requires:

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

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

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

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

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

29  which situation is sufficient to evince a willful rejection of

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

31  legal custodian, or caregiver primarily responsible for the

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

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

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

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

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

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

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

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

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

10  support a finding of abandonment.

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

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

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

14  mental, or emotional health to be significantly impaired.

15  Abuse of a child includes acts or omissions. Corporal

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

17  disciplinary purposes does not in itself constitute abuse when

18  it does not result in harm to the child.

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

20  abuse service provider as defined in chapter 397.

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

22  court to determine whether or not the facts support the

23  allegations stated in the petition in dependency cases or in

24  termination of parental rights cases.

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

26  child.

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

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

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

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

31  the rights and privileges and subject to all the obligations

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

 2  wedlock.

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

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

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

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

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

 8  violation of law or delinquent act involving juvenile sexual

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

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

11  coercion.  For purposes of this paragraph, the following

12  definitions apply:

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

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

15  cooperation or compliance.

16         2.  "Equality" means two participants operating with

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

18  controlled nor coerced by the other.

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

20  following:

21         a.  Understanding what is proposed based on age,

22  maturity, developmental level, functioning, and experience.

23         b.  Knowledge of societal standards for what is being

24  proposed.

25         c.  Awareness of potential consequences and

26  alternatives.

27         d.  Assumption that agreement or disagreement will be

28  accepted equally.

29         e.  Voluntary decision.

30         f.  Mental competence.

31  

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 1  Juvenile sexual offender behavior ranges from noncontact

 2  sexual behavior such as making obscene phone calls,

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

 4  photographs to varying degrees of direct sexual contact, such

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

 6  sodomy, and various other sexually aggressive acts.

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

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

 9  panel, considers the facts and arguments presented by the

10  parties and renders a decision which may be binding or

11  nonbinding.

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

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

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

15  management coverage, which that is assigned or designated by

16  the department to perform duties or exercise powers under

17  pursuant to this chapter.

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

19  permanent guardian, adult household member, or other person

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

21  (46) (47).

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

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

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

25  from the provision of voluntary services through any

26  dependency, foster care, or termination of parental rights

27  proceeding or related activity or process.

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

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

30  order of the court.

31  

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

 2  professionals established by the Department of Health to

 3  receive referrals from the protective investigators and

 4  protective supervision staff of the department and to provide

 5  specialized and supportive services to the program in

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

 7  protection team shall provide consultation to other programs

 8  of the department and other persons regarding child abuse,

 9  abandonment, or neglect cases.

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

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

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

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

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

15  former Department of Health and Rehabilitative Services, or a

16  licensed child-placing agency for purpose of adoption;

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

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

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

20  and Rehabilitative Services, after which placement, under the

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

22  parent or parents or legal custodians have failed to

23  substantially comply with the requirements of the plan;

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

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

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

27  Florida Rules of Juvenile Procedure;

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

29  providing supervision and care; or

30  

31  

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

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

 3  custodians.

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

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

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

 7  education of a child.

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

 9  as set forth in s. 26.021.

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

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

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

13  health, educational, vocational, and social condition and

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

15  caregiver's need for rehabilitative and treatment services,

16  including substance abuse treatment services, mental health

17  services, developmental services, literacy services, medical

18  services, family services, and other specialized services, as

19  appropriate.

20         (18)  "Concurrent planning" means establishing a

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

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

23  establishing another goal that must be one of the following

24  options:

25         (a)  Adoption when a petition for termination of

26  parental rights has been filed or will be filed;

27         (b)  Permanent guardianship of a dependent child under

28  s. 39.6221;

29         (c)  Permanent placement with a fit and willing

30  relative under s. 39.6231; or

31  

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 1         (d)  Placement in another planned permanent living

 2  arrangement under s. 39.6241.

 3         (19)(18)  "Court," unless otherwise expressly stated,

 4  means the circuit court assigned to exercise jurisdiction

 5  under this chapter.

 6         (20)(19)  "Department" means the Department of Children

 7  and Family Services.

 8         (21)(20)  "Diligent efforts by a parent" means a course

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

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

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

12  plan.

13         (22)(21)  "Diligent efforts of social service agency"

14  means reasonable efforts to provide social services or

15  reunification services made by any social service agency that

16  is a party to a case plan.

17         (23)(22)  "Diligent search" means the efforts of a

18  social service agency to locate a parent or prospective parent

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

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

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

22  hearing until the parent is either identified and located or

23  the court excuses further search.

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

25  which the court determines the most appropriate protections,

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

27         (25)(24)  "District" means any one of the 15 service

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

29         (26)(25)  "District administrator" means the chief

30  operating officer of each service district of the department

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

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 1  district administrator whose service district falls within the

 2  boundaries of a judicial circuit.

 3         (27)(26)  "Expedited termination of parental rights"

 4  means proceedings wherein a case plan with the goal of

 5  reunification is not being offered.

 6         (28)(27)  "False report" means a report of abuse,

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

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

 9         (a)  Harassing, embarrassing, or harming another

10  person;

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

12         (c)  Acquiring custody of a child; or

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

14  other private dispute involving a child.

15  

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

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

18  central abuse hotline.

19         (29)(28)  "Family" means a collective body of persons,

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

21  relative, in which:

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

23  unit; or

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

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

26  support or care for the child.

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

28  family-focused intervention facilitated by professional staff

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

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

31  

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 1         (31)(29)  "Foster care" means care provided a child in

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

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

 4         (32)(30)  "Harm" to a child's health or welfare can

 5  occur when any person:

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

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

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

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

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

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

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

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

14         1.  Willful acts that produce the following specific

15  injuries:

16         a.  Sprains, dislocations, or cartilage damage.

17         b.  Bone or skull fractures.

18         c.  Brain or spinal cord damage.

19         d.  Intracranial hemorrhage or injury to other internal

20  organs.

21         e.  Asphyxiation, suffocation, or drowning.

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

23         g.  Burns or scalding.

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

25         i.  Permanent or temporary disfigurement.

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

27  part or function.

28  

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

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

31  result or to cause an injury.

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

 2  other substances that substantially affect the child's

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

 4  sickness or internal injury.  For the purposes of this

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

 6  prescribed for the child or not administered as prescribed,

 7  and controlled substances as outlined in Schedule I or

 8  Schedule II of s. 893.03.

 9         3.  Leaving a child without adult supervision or

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

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

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

13  exercise good judgment in responding to any kind of physical

14  or emotional crisis.

15         4.  Inappropriate or excessively harsh disciplinary

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

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

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

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

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

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

22  trauma inflicted.  Corporal discipline may be considered

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

24  or other similar injuries:

25         a.  Sprains, dislocations, or cartilage damage.

26         b.  Bone or skull fractures.

27         c.  Brain or spinal cord damage.

28         d.  Intracranial hemorrhage or injury to other internal

29  organs.

30         e.  Asphyxiation, suffocation, or drowning.

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

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 1         g.  Burns or scalding.

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

 3         i.  Permanent or temporary disfigurement.

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

 5  part or function.

 6         k.  Significant bruises or welts.

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

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

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

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

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

12  or forcing a child to:

13         1.  Solicit for or engage in prostitution; or

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

15  chapter 827.

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

17  exploited, as provided in s. 450.151.

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

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

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

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

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

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

24  child, which situation is sufficient to evince a willful

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

26  a parent or legal custodian or person primarily responsible

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

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

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

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

31  

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

 2  383.50.

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

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

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

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

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

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

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

10  practice of religious beliefs, does not provide specified

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

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

13  not:

14         1.  Eliminate the requirement that such a case be

15  reported to the department;

16         2.  Prevent the department from investigating such a

17  case; or

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

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

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

21  accredited practitioner who relies solely on spiritual means

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

23  well-recognized church or religious organization.

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

25  alcohol. Exposure to a controlled substance or alcohol is

26  established by:

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

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

29  demonstrably adversely affected by such usage; or

30  

31  

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 1         2.  Continued chronic and severe use of a controlled

 2  substance or alcohol by a parent when the child is

 3  demonstrably adversely affected by such usage.

 4  

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

 6  means prescription drugs not prescribed for the parent or not

 7  administered as prescribed and controlled substances as

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

 9         (h)  Uses mechanical devices, unreasonable restraints,

10  or extended periods of isolation to control a child.

11         (i)  Engages in violent behavior that demonstrates a

12  wanton disregard for the presence of a child and could

13  reasonably result in serious injury to the child.

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

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

16  by the acts of another.

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

18  of abuse, abandonment, or neglect.

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

20  impeding or avoiding a protective investigation unless the

21  court determines that the parent, legal custodian, or

22  caregiver was fleeing from a situation involving domestic

23  violence.

24         (33)(31)  "Institutional child abuse or neglect" means

25  situations of known or suspected child abuse or neglect in

26  which the person allegedly perpetrating the child abuse or

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

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

29  agency or any other person at such institution responsible for

30  the child's care.

31  

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 1         (34)(32)  "Judge" means the circuit judge exercising

 2  jurisdiction pursuant to this chapter.

 3         (35)(33)  "Legal custody" means a legal status created

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

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

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

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

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

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

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

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

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

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

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

15  parent with intact parental rights, to the rights or

16  responsibilities of the legal custodian who has assumed the

17  role of the parent.

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

19  relationship between the child and caregiver which is intended

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

21  to the procedures in chapter 744.

22         (36)(35)  "Licensed child-caring agency" means a

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

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

25         (37)(36)  "Licensed child-placing agency" means a

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

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

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

29  foster or adoptive home.

30         (38)(37)  "Licensed health care professional" means a

31  physician licensed under chapter 458, an osteopathic physician

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

 2  chapter 464, a physician assistant licensed under chapter 458

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

 4         (39)(38)  "Likely to injure oneself" means that, as

 5  evidenced by violent or other actively self-destructive

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

 7  period the child will attempt to commit suicide or inflict

 8  serious bodily harm on himself or herself.

 9         (40)(39)  "Likely to injure others" means that it is

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

11  will inflict serious and unjustified bodily harm on another

12  person.

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

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

15  created by a court order pursuant to this chapter.

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

17  relationship" means the relationship that a juvenile court

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

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

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

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

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

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

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

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

26  showing that the best interest of the child necessitates a

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

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

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

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

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

                                  19

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

 2  psychiatric, and psychological care, unless these rights and

 3  duties are otherwise enlarged or limited by the court order

 4  establishing the long-term custodial relationship.

 5         (41)(42)  "Mediation" means a process whereby a neutral

 6  third person called a mediator acts to encourage and

 7  facilitate the resolution of a dispute between two or more

 8  parties.  It is an informal and nonadversarial process with

 9  the objective of helping the disputing parties reach a

10  mutually acceptable and voluntary agreement.  The role of the

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

12  parties in identifying issues, fostering joint problem

13  solving, and exploring settlement alternatives.

14         (42)(43)  "Mental injury" means an injury to the

15  intellectual or psychological capacity of a child as evidenced

16  by a discernible and substantial impairment in the ability to

17  function within the normal range of performance and behavior.

18         (43)(44)  "Necessary medical treatment" means care

19  which is necessary within a reasonable degree of medical

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

21  or to alleviate immediate pain of a child.

22         (44)(45)  "Neglect" occurs when a child is deprived of,

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

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

25  in an environment when such deprivation or environment causes

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

27  significantly impaired or to be in danger of being

28  significantly impaired. The foregoing circumstances shall not

29  be considered neglect if caused primarily by financial

30  inability unless actual services for relief have been offered

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

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 1  legitimately practicing religious beliefs in accordance with a

 2  recognized church or religious organization who thereby does

 3  not provide specific medical treatment for a child may shall

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

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

 6  preclude a court from ordering the following services to be

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

 8         (a)  Medical services from a licensed physician,

 9  dentist, optometrist, podiatric physician, or other qualified

10  health care provider; or

11         (b)  Treatment by a duly accredited practitioner who

12  relies solely on spiritual means for healing in accordance

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

14  religious organization.

15  

16  Neglect of a child includes acts or omissions.

17         (45)(46)  "Next of kin" means an adult relative of a

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

19  uncle, or first cousin.

20         (46)(47)  "Other person responsible for a child's

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

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

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

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

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

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

27  care. For the purpose of departmental investigative

28  jurisdiction, this definition does not include law enforcement

29  officers, or employees of municipal or county detention

30  facilities or the Department of Corrections, while acting in

31  an official capacity.

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 1         (47)(48)  "Out-of-home" means a placement outside of

 2  the home of the parents or a parent.

 3         (48)(49)  "Parent" means a woman who gives birth to a

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

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

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

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

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

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

10  pregnancy, with support in a repetitive, customary manner

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

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

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

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

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

16  alleged or prospective parent, unless the parental status

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

18  63.062(1). For purposes of this chapter only, when the phrase

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

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

21  parent with intact parental rights, to the rights or

22  responsibilities of the legal custodian who has assumed the

23  role of the parent.

24         (49)(50)  "Participant," for purposes of a shelter

25  proceeding, dependency proceeding, or termination of parental

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

27  should receive notice of hearings involving the child,

28  including the actual custodian of the child, the foster

29  parents or the legal custodian of the child, identified

30  prospective parents, grandparents entitled to priority for

31  adoption consideration under s. 63.0425, actual custodians of

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

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

 3  contract with the department to provide protective services

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

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

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

 7         (50)(51)  "Party" means the parent or parents of the

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

 9  or the representative of the guardian ad litem program when

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

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

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

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

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

15  be meaningless or detrimental to the child.

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

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

18  permanent living arrangement of the child. Permanency goals

19  applicable under this chapter are:

20         (a)  Reunification;

21         (b)  Adoption when a petition for termination of

22  parental rights has been or will be filed;

23         (c)  Permanent guardianship of a dependent child under

24  s. 39.6221;

25         (d)  Permanent placement with a fit and willing

26  relative under s. 39.6231; or

27         (e)  Placement in another planned permanent living

28  arrangement under s. 39.6241.

29  

30  

31  

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

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

 3  the same time that another permanency goal is pursued.

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

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

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

 7  adult in a permanent guardianship of a dependent child under

 8  s. 39.6221.

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

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

11  39.6221 between a child and a relative or other adult approved

12  by the court which is intended to be permanent and

13  self-sustaining through the transfer of parental rights with

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

15  and control of the person, custody of the person, and

16  decisionmaking on behalf of the child.

17         (55)(52)  "Physical injury" means death, permanent or

18  temporary disfigurement, or impairment of any bodily part.

19         (56)(53)  "Physician" means any licensed physician,

20  dentist, podiatric physician, or optometrist and includes any

21  intern or resident.

22         (57)(54)  "Preliminary screening" means the gathering

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

24  need for further evaluation or assessment or for referral for

25  other substance abuse services through means such as

26  psychosocial interviews; urine and breathalyzer screenings;

27  and reviews of available educational, delinquency, and

28  dependency records of the child.

29         (58)(55)  "Preventive services" means social services

30  and other supportive and rehabilitative services provided to

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

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

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

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

 4  other supportive and rehabilitative services shall promote the

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

 6  safe, stable, living environment, shall promote family

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

 8         (59)(56)  "Prospective parent" means a person who

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

10  mother or a father of a child.

11         (60)(57)  "Protective investigation" means the

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

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

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

15  the department; the investigation of each report; the

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

17  determination of the disposition of each report without court

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

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

20         (61)(58)  "Protective investigator" means an authorized

21  agent of the department who receives and investigates reports

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

23  the investigation, may recommend that a dependency petition be

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

25  to carry out the required actions of the protective

26  investigation function.

27         (62)(59)  "Protective supervision" means a legal status

28  in dependency cases which permits the child to remain safely

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

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

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

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 1         (63)(60)  "Relative" means a grandparent,

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

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

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

 5  does not include a stepparent.

 6         (64)(61)  "Reunification services" means social

 7  services and other supportive and rehabilitative services

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

 9  appropriate, to the relative placement, nonrelative placement,

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

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

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

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

14  social services and other supportive and rehabilitative

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

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

17  living environment, shall promote family autonomy, and shall

18  strengthen family life, whenever possible.

19         (65)(62)  "Secretary" means the Secretary of Children

20  and Family Services.

21         (66)(63)  "Sexual abuse of a child" means one or more

22  of the following acts:

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

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

25  whether or not there is the emission of semen.

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

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

28  person.

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

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

31  

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

 2  act intended for a valid medical purpose.

 3         (d)  The intentional touching of the genitals or

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

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

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

 7  include:

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

 9  normal caregiver responsibility, any interaction with, or

10  affection for a child; or

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

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

13  genitals in the presence of a child.

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

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

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

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

18  gratification, aggression, degradation, or other similar

19  purpose.

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

21  allowing, encouraging, or forcing a child to:

22         1.  Solicit for or engage in prostitution; or

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

24  chapter 827.

25         (67)(64)  "Shelter" means a placement with a relative

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

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

28  found to be dependent, pending court disposition before or

29  after adjudication.

30         (68)(65)  "Shelter hearing" means a hearing in which

31  the court determines whether probable cause exists to keep a

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 1  child in shelter status pending further investigation of the

 2  case.

 3         (69)(66)  "Social service agency" means the department,

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

 5  agency.

 6         (70)(67)  "Substance abuse" means using, without

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

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

 9  resulting in dysfunctional social behavior.

10         (71)(68)  "Substantial compliance" means that the

11  circumstances which caused the creation of the case plan have

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

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

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

15  parent.

16         (72)(69)  "Taken into custody" means the status of a

17  child immediately when temporary physical control over the

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

19  child's release or placement.

20         (73)(70)  "Temporary legal custody" means the

21  relationship that a juvenile court creates between a child and

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

23  other person approved by the court until a more permanent

24  arrangement is ordered. Temporary legal custody confers upon

25  the custodian the right to have temporary physical custody of

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

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

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

29  psychiatric, and psychological care, unless these rights and

30  duties are otherwise enlarged or limited by the court order

31  establishing the temporary legal custody relationship.

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 1         (74)(71)  "Victim" means any child who has sustained or

 2  is threatened with physical, mental, or emotional injury

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

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

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

 6  relationship that a juvenile court order creates between a

 7  child and a placement licensed by the state to provide

 8  residential care for dependent children, if the licensed

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

10  child until the child reaches the age of majority.

11         Section 2.  Subsection (15) is added to section

12  39.0121, Florida Statutes, to read:

13         39.0121  Specific rulemaking authority.--Pursuant to

14  the requirements of s. 120.536, the department is specifically

15  authorized to adopt, amend, and repeal administrative rules

16  which implement or interpret law or policy, or describe the

17  procedure and practice requirements necessary to implement

18  this chapter, including, but not limited to, the following:

19         (15)  Provision for making available to all physical

20  custodians and family services counselors the information

21  required by s. 39.6012(2) and for ensuring that this

22  information follows the child until permanency has been

23  achieved.

24         Section 3.  Section 39.013, Florida Statutes, is

25  amended to read:

26         39.013  Procedures and jurisdiction; right to

27  counsel.--

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

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

30  conducted according to the Florida Rules of Juvenile Procedure

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

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 1  the court of their right to counsel in dependency proceedings

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

 3  unable to afford counsel must be appointed counsel.

 4         (2)  The circuit court has shall have exclusive

 5  original jurisdiction of all proceedings under this chapter,

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

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

 8  and of the adoption of children whose parental rights have

 9  been terminated under this chapter. Jurisdiction attaches when

10  the initial shelter petition, dependency petition, or

11  termination of parental rights petition is filed or when a

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

13  court may assume jurisdiction over any such proceeding

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

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

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

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

18  condition occurred that brought the child to the attention of

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

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

21  jurisdiction, unless relinquished by its order, until the

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

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

24  requesting the court's continued jurisdiction, the juvenile

25  court may retain jurisdiction under this chapter for a period

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

27  the purpose of determining whether appropriate aftercare

28  support, Road-to-Independence Scholarship, transitional

29  support, mental health, and developmental disability services,

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

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

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

 2  If a petition for special immigrant juvenile status and an

 3  application for adjustment of status have been filed on behalf

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

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

 6  the court may retain jurisdiction over the dependency case

 7  solely for the purpose of allowing the continued consideration

 8  of the petition and application by federal authorities. Review

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

10  determining the status of the petition and application. The

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

12  federal authorities. Retention of jurisdiction in this

13  instance does not affect the services available to a young

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

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

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

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

18  circuit court assigned to handle dependency matters may

19  exercise the general and equitable jurisdiction over

20  guardianship proceedings under pursuant to the provisions of

21  chapter 744 and proceedings for temporary custody of minor

22  children by extended family under pursuant to the provisions

23  of chapter 751.

24         (4)  Orders entered pursuant to this chapter which

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

26  adoption of, or parental rights and responsibilities for a

27  minor child shall take precedence over other orders entered in

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

29  terminated jurisdiction, the such order may be subsequently

30  modified by a court of competent jurisdiction in any other

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

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

 2  responsibilities for the same minor child.

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

 4  placement issue in cases involving a child who has been

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

 6  placement.

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

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

 9  placed in an out-of-home placement.

10         (7)  Children removed from their homes shall be

11  provided equal treatment with respect to goals, objectives,

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

13  their placement.

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

15  department, the court shall, within the month which

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

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

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

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

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

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

22  The court shall ascertain whether the right to counsel is

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

24  determine whether the waiver is knowing and intelligent. The

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

26  appointment or waiver of counsel for indigent parents or the

27  waiver of counsel by nonindigent parents.

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

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

30  the attorney shall continue to represent the parent throughout

31  the proceedings. If the attorney-client relationship is

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

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

 3  the proceedings.

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

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

 6  understanding choice because of mental condition, age,

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

 8  or other factors.

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

10  record.

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

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

13  renewed by the court at each subsequent stage of the

14  proceedings at which the parent appears without counsel.

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

16  has voluntarily executed a written surrender of the child and

17  consents to the entry of a court order terminating parental

18  rights.

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

20  include:

21         (a)  Periods of delay resulting from a continuance

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

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

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

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

26  the consent of the child.

27         (b)  Periods of delay resulting from a continuance

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

29  granted:

30         1.  Because of an unavailability of evidence material

31  to the case when the requesting party has exercised due

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 1  diligence to obtain such evidence and there are substantial

 2  grounds to believe that such evidence will be available within

 3  30 days. However, if the requesting party is not prepared to

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

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

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

 7  appropriate sanctions, which may include dismissal of the

 8  petition.

 9         2.  To allow the requesting party additional time to

10  prepare the case and additional time is justified because of

11  an exceptional circumstance.

12         (c)  Reasonable periods of delay necessary to

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

14  legal custodian; however, the petitioner shall continue

15  regular efforts to provide notice to the parents during such

16  periods of delay.

17         (d)  Reasonable periods of delay resulting from a

18  continuance granted at the request of the parent or legal

19  custodian of a subject child.

20         (e)  Notwithstanding the foregoing, continuances and

21  extensions of time are limited to the number of days

22  absolutely necessary to complete a necessary task in order to

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

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

25  dependent children in conducting dependency proceedings in

26  accordance with the time limitations set forth in this

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

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

29  party in advance of the particular circumstances or need

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

31  

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

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

 3  during proceedings under this chapter. A continuance or

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

 5  extraordinary circumstances necessary to preserve the

 6  constitutional rights of a party or when substantial evidence

 7  demonstrates that the child's best interests will be

 8  affirmatively harmed without the granting of a continuance or

 9  extension of time.

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

11  parents at shelter hearings shall be paid from state funds

12  appropriated by general law.

13         (11)(12)  The court shall encourage the Statewide

14  Guardian Ad Litem Office to provide greater representation to

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

16  foster care.

17         Section 4.  Section 39.0136, Florida Statutes, is

18  created to read:

19         39.0136  Time limitations; continuances.--

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

21  for establishing permanency for a child in the dependency

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

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

24  party except as provided in this section.

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

26  include:

27         (a)  Periods of delay resulting from a continuance

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

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

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

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

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 1  interests of the child when determining periods of delay under

 2  this section.

 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 that is

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

 8  diligence to obtain evidence and there are substantial grounds

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

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

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

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

13  appropriate sanctions, which may include dismissal of the

14  petition.

15         2.  To allow the requesting party additional time to

16  prepare the case and additional time is justified because of

17  an exceptional circumstance.

18         (c)  Reasonable periods of delay necessary to

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

20  legal custodian; however, the petitioner shall continue

21  regular efforts to provide notice to the parents during the

22  periods of delay.

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

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

25  continuances or extensions of time may not exceed 60 days

26  within any 12-month period for proceedings conducted under

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

28  granted only for extraordinary circumstances in which it is

29  necessary to preserve the constitutional rights of a party or

30  if substantial evidence exists to demonstrate that without

31  

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

 2  interests will be harmed.

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

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

 5  absolutely necessary to complete a necessary task in order to

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

 7  child.

 8         Section 5.  Section 39.0137, Florida Statutes, is

 9  created to read:

10         39.0137  Federal law; rulemaking authority.--

11         (1)  This chapter does not supersede the requirements

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

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

14  103-382, as amended, or the implementing regulations.

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

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

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

18  to enter into agreements with recognized American Indian

19  tribes in order to facilitate the implementation of the Indian

20  Child Welfare Act.

21         Section 6.  Section 39.0138, Florida Statutes, is

22  created to read:

23         39.0138  Requirements for placement of children;

24  exemptions from disqualification.--

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

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

27  435.04 for any person being considered by the department for

28  approval for placement of a child subject to a placement

29  decision under this chapter. Approval for placement with any

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

31  

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

 2  competent jurisdiction for:

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

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

 5  or a crime involving violence, including sexual battery,

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

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

 8  or

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

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

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

12  place a child in a home that otherwise meets placement

13  requirements if state and local criminal record checks do not

14  disqualify the applicant and if the department has submitted

15  fingerprint information to the Department of Law Enforcement

16  for forwarding to the Federal Bureau of Investigation and is

17  awaiting the results of the federal criminal records check.

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

19  considered or approved must disclose to the department any

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

21  in which they are or have been involved.

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

23  conducted under this section must be considered in determining

24  whether placement with the parent will jeopardize the safety

25  of the child being placed.

26         (2)(a)  The court may review the decision of the

27  department to grant or deny the placement of a child based on

28  a criminal offense upon the motion of any party, the request

29  of any person who has been denied the placement by the

30  department, or on its own motion. The court shall prepare

31  written findings to support its decision in this matter.

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 1         (b)  A person who is seeking placement of a child

 2  following denial by the department based on a disqualifying

 3  criminal offense has the burden of setting forth sufficient

 4  evidence of rehabilitation, including, but not limited to, the

 5  circumstances surrounding the incident for which an exemption

 6  from disqualification is sought, the time that has elapsed

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

 8  victim, the history of the person since the incident, and any

 9  other evidence or circumstances indicating that the person

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

11  allowed.

12         Section 7.  Paragraph (a) of subsection (1), paragraph

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

14  Florida Statutes, are amended to read:

15         39.201  Mandatory reports of child abuse, abandonment,

16  or neglect; mandatory reports of death; central abuse

17  hotline.--

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

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

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

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

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

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

24  relative immediately known and available to provide

25  supervision and care shall report such knowledge or suspicion

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

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

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

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

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

31  827.04(3), and each report that a child is in need of

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

 2  responsible adult relative immediately known and available to

 3  provide supervision and care shall be made immediately to the

 4  department's central abuse hotline on the single statewide

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

 6  central abuse hotline shall determine if the report received

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

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

 9  accepted for the protective investigation pursuant to part III

10  of this chapter.

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

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

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

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

15  parent, legal custodian, or responsible adult relative

16  immediately known and available to provide supervision and

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

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

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

20  purposes of conducting a child protective investigation, or

21  that the facts otherwise so warrant, the department shall

22  commence an investigation immediately, regardless of the time

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

24  neglect cases, a child protective investigation shall be

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

26  institutional investigation, the alleged perpetrator may be

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

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

29  executes an affidavit of understanding with the department and

30  agrees to comply with the confidentiality provisions of s.

31  39.202. The absence of an attorney or other person does not

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 1  prevent the department from proceeding with other aspects of

 2  the investigation, including interviews with other persons. In

 3  institutional child abuse cases when the institution is not

 4  operating and the child cannot otherwise be located, the

 5  investigation shall commence immediately upon the resumption

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

 7  enforcement agency, the department shall furnish all

 8  investigative reports to that agency.

 9         Section 8.  Subsections (1), (2), (5), and (22) of

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

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

12         39.301  Initiation of protective investigations.--

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

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

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

16  legal custodian, or responsible adult relative immediately

17  known and available to provide supervision and care, the

18  central abuse hotline shall determine if the report requires

19  an immediate onsite protective investigation. For reports

20  requiring an immediate onsite protective investigation, the

21  central abuse hotline shall immediately notify the

22  department's designated children and families district staff

23  responsible for protective investigations to ensure that an

24  onsite investigation is promptly initiated.  For reports not

25  requiring an immediate onsite protective investigation, the

26  central abuse hotline shall notify the department's designated

27  children and families district staff responsible for

28  protective investigations in sufficient time to allow for an

29  investigation. At the time of notification of district staff

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

31  also provide information on any previous report concerning a

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 1  subject of the present report or any pertinent information

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

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

 4  allegations of criminal conduct to the municipal or county law

 5  enforcement agency of the municipality or county in which the

 6  alleged conduct has occurred.

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

 8  conduct" means:

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

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

11  child, as defined in s. 827.03.

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

13  result of abuse or neglect.

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

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

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

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

18  as defined in s. 39.01.

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

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

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

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

23  human trafficking, as provided in s. 787.06.

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

25  of criminal conduct from the department, the law enforcement

26  agency shall review the information in the written report to

27  determine whether a criminal investigation is warranted. If

28  the law enforcement agency accepts the case for criminal

29  investigation, it shall coordinate its investigative

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

31  enforcement agency does not accept the case for criminal

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 1  investigation, the agency shall notify the department in

 2  writing.

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

 4  39.306 shall describe the specific local protocols for

 5  implementing this section.

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

 7  part, the child protective investigator shall inform any

 8  subject of the investigation of the following:

 9         1.  The names of the investigators and identifying

10  credentials from the department.

11         2.  The purpose of the investigation.

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

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

14         4.  The possible outcomes and services of the

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

16  legal custodian.

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

18  involved to the fullest extent possible in determining the

19  nature of the allegation and the nature of any identified

20  problem.

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

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

23  investigator and that the duty to report continues until the

24  investigation is closed.

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

26  that protective investigators know how to fully inform parents

27  or legal custodians of their rights and options, including

28  opportunities for audio or video recording of investigators'

29  interviews with parents or legal custodians or children.

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

31  not identified as a caregiver responsible for the abuse,

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

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

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

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

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

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

 7  agency or its contracted providers, except that a previous

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

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

10  child-protection proceeding.

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

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

13  the protective investigator, a parent or legal custodian

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

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

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

17  custodian does not notify the protective investigator of the

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

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

20  enforcement agency under s. 937.021.

21         Section 9.  Subsection (2) of section 39.303, Florida

22  Statutes, is amended to read:

23         39.303  Child protection teams; services; eligible

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

25  Department of Health shall develop, maintain, and coordinate

26  the services of one or more multidisciplinary child protection

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

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

29  appropriate representatives of school districts and

30  appropriate health, mental health, social service, legal

31  service, and law enforcement agencies. The Legislature finds

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 1  that optimal coordination of child protection teams and sexual

 2  abuse treatment programs requires collaboration between the

 3  Department of Health and the Department of Children and Family

 4  Services. The two departments shall maintain an interagency

 5  agreement that establishes protocols for oversight and

 6  operations of child protection teams and sexual abuse

 7  treatment programs. The Secretary of Health and the Deputy

 8  Secretary for Children's Medical Services, in consultation

 9  with the Secretary of Children and Family Services, shall

10  maintain the responsibility for the screening, employment,

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

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

13  Child protection team medical directors shall be responsible

14  for oversight of the teams in the districts.

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

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

17  Services to child protection teams of the Department of Health

18  for an assessment and other appropriate available support

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

20  involving:

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

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

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

24  under.

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

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

27  unlawful sexual conduct has been determined to have occurred.

28         (d)  Any sexually transmitted disease in a prepubescent

29  child.

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

31  child to thrive.

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 1         (f)  Reported medical neglect of a child.

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

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

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

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

 6  other child remains in the home.

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

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

 9  suspected.

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

11  39.402, Florida Statutes, are amended, and subsections (17)

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

13         39.402  Placement in a shelter.--

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

15  written determination as to whether the department has made a

16  reasonable effort to prevent or eliminate the need for removal

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

18  determination must include a description of which specific

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

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

21  which the services are expected to become available.

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

23  eliminate the need for removal or continued removal of the

24  child from the home, the written determination must also

25  contain an explanation describing why the services are not

26  available for the child.

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

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

29  order the department to provide appropriate and available

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

31  

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

 2  and safety.

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

 4  shall:

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

 6  scheduled hearing to review the shelter placement. The Such

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

 8  the child in shelter status, in conjunction with the

 9  arraignment hearing, and at such times as are otherwise

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

11  and.

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

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

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

15  case plan conference, family team conference, or mediation

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

17  in shelter status.

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

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

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

21  provide to the court and all parties identification and

22  location information regarding the relatives. The court shall

23  advise the parent that the parent has a continuing duty to

24  inform the department of any relative who should be considered

25  for placement of the child.

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

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

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

29  out-of-home placement may become permanent.

30         Section 11.  Present subsections (7) and (8) of section

31  39.507, Florida Statutes, are redesignated as subsections (8)

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

 2  that section, to read:

 3         39.507  Adjudicatory hearings; orders of

 4  adjudication.--

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

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

 7  parent or parents whether the parents have relatives who might

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

 9  advise the parents that, if the parents fail to substantially

10  comply with the case plan, their parental rights may be

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

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

13  court and all parties identification and location information

14  of the relatives.

15         Section 12.  Paragraph (c) of subsection (1) and

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

17  Statutes, are amended to read:

18         39.5085  Relative Caregiver Program.--

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

20  this section to:

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

22  the child can be achieved through a variety of permanency

23  options, including permanent guardianship under s. 39.6221 if

24  the guardian is a relative, by permanent placement with a fit

25  and willing relative under s. 39.6231, by a relative long-term

26  relative custody, guardianship under chapter 744, or adoption,

27  by providing additional placement options and incentives that

28  will achieve permanency and stability for many children who

29  are otherwise at risk of foster care placement because of

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

31  

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

 2  relatives.

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

 4  shall establish and operate the Relative Caregiver Program

 5  pursuant to eligibility guidelines established in this section

 6  as further implemented by rule of the department. The Relative

 7  Caregiver Program shall, within the limits of available

 8  funding, provide financial assistance to:

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

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

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

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

13  child abuse, neglect, or abandonment and subsequent placement

14  with the relative under pursuant to this chapter.

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

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

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

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

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

20  determination of child abuse, neglect, or abandonment and

21  subsequent placement with the relative under pursuant to this

22  chapter.

23  

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

25  custody to the relative under protective supervision of the

26  department pursuant to s. 39.521(1)(b)3., or court-ordered

27  placement in the home of a relative as a permanency option

28  under s. 39.6221 or s. 39.6231 or under s. 39.622 if the

29  placement was made before July 1, 2006 pursuant to s. 39.622.

30  The Relative Caregiver Program shall offer financial

31  assistance to caregivers who are relatives and who would be

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 1  unable to serve in that capacity without the relative

 2  caregiver payment because of financial burden, thus exposing

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

 4  care.

 5         Section 13.  Paragraph (d) of subsection (1) of section

 6  39.521, Florida Statutes, is amended to read:

 7         39.521  Disposition hearings; powers of disposition.--

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

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

10  petition for dependency were proven in the adjudicatory

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

12  to the finding of dependency or admitted the allegations in

13  the petition, have failed to appear for the arraignment

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

15  a diligent search having been conducted.

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

17  disposition, include all of the following:

18         1.  The placement or custody of the child.

19         2.  Special conditions of placement and visitation.

20         3.  Evaluation, counseling, treatment activities, and

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

22         4.  The persons or entities responsible for supervising

23  or monitoring services to the child and parent.

24         5.  Continuation or discharge of the guardian ad litem,

25  as appropriate.

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

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

28         a.  Ninety days after the disposition hearing;

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

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

31  hearing; or

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

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

 3  the child's removal from the home.

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

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

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

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

 8  The court may exercise jurisdiction over all child support

 9  matters, shall adjudicate the financial obligation, including

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

11  shall enforce the financial obligation as provided in chapter

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

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

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

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

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

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

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

19  shall include the reasons for such a decision and shall

20  include a determination as to whether diligent efforts were

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

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

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

24  placement with the department.

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

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

27  no suitable relative is found and, the child is placed with

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

29  the court, both the department and the court shall consider

30  transferring temporary legal custody to an adult relative

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

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

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

 3  placement.

 4  

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

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

 7  diligent search for a parent, but without the continuing

 8  obligation to search after an initial adequate search is

 9  completed.

10         9.  Other requirements necessary to protect the health,

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

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

13  preservation or reunification whenever possible.

14         Section 14.  Subsection (1) of section 39.522, Florida

15  Statutes, is amended to read:

16         39.522  Postdisposition change of custody.--The court

17  may change the temporary legal custody or the conditions of

18  protective supervision at a postdisposition hearing, without

19  the necessity of another adjudicatory hearing.

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

21  home under the protective supervision of an authorized agent

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

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

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

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

26  the conditions of protective supervision or the placement. If

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

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

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

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

31  the placement, modifying the conditions of protective

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 1  supervision, or continuing the conditions of protective

 2  supervision as ordered. The standard for changing custody of

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

 4  applying this standard, the court shall consider the

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

 6  residence as a factor when determining the best interests of

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

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

 9  and court approval pursuant to this chapter.

10         Section 15.  Section 39.6011, Florida Statutes, is

11  created to read:

12         39.6011  Case plan development.--

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

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

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

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

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

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

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

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

21  termination of parental rights. The case plan shall be

22  developed subject to the following requirements:

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

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

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

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

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

28  conducted according to one of the following procedures:

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

30  parties described in this subsection.

31  

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 1         2.  A mediation if dependency mediation services are

 2  available and appropriate and in the best interests of the

 3  child.

 4         3.  A family team conference if a family team

 5  conference is available.

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

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

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

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

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

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

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

13  unwillingness or inability to participate. The documentation

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

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

16  conforming as nearly as possible with the requirements set

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

18  parent to participate in developing a case plan does not

19  preclude the filing of a petition for dependency or for

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

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

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

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

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

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

26  hearing set for the child.

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

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

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

30  principal language. Each case plan must contain:

31  

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 1         (a)  A description of the identified problem being

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

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

 4  the department.

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

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

 7  description of the permanency goal of reunification with the

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

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

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

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

12  accomplishing its provisions. The plan's compliance period

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

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

15  accepted by the court, whichever occurs sooner.

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

17  parent to substantially comply with the case plan may result

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

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

20  for termination of parental rights sooner than the compliance

21  period set forth in the case plan.

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

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

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

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

26  acknowledgement that the case plan has been developed by the

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

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

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

30  accepting the case plan if the case plan is otherwise

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

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 1  constitute an admission to any allegation of abuse,

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

 3  finding of dependency or termination of parental rights.

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

 5  provisions of the plan to all persons involved in its

 6  implementation, including, when appropriate, the child.

 7         (4)  The case plan must describe:

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

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

10  child, foster parents, or legal custodians;

11         (b)  The minimum number of face-to-face meetings to be

12  held each month between the parents and the department's

13  family services counselors to review the progress of the plan,

14  to eliminate barriers to progress, and to resolve conflicts or

15  disagreements; and

16         (c)  The parent's responsibility for financial support

17  of the child, including, but not limited to, health insurance

18  and child support.  The case plan must list the costs

19  associated with any services or treatment that the parent and

20  child are expected to receive which are the financial

21  responsibility of the parent. The determination of child

22  support and other financial support shall be made

23  independently of any determination of indigency under s.

24  39.013.

25         (5)  When the permanency goal for a child is adoption,

26  the case plan must include documentation of the steps the

27  agency is taking to find an adoptive family or other permanent

28  living arrangement for the child. At a minimum, the

29  documentation shall include recruitment efforts that are

30  specific to the child, such as the use of state, regional, and

31  

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 1  national adoption exchanges, including electronic exchange

 2  systems.

 3         (6)  After the case plan has been developed, the

 4  department shall adhere to the following procedural

 5  requirements:

 6         (a)  If the parent's substantial compliance with the

 7  case plan requires the department to provide services to the

 8  parents or the child and the parents agree to begin compliance

 9  with the case plan before the case plan's acceptance by the

10  court, the department shall make the appropriate referrals for

11  services that will allow the parents to begin the agreed-upon

12  tasks and services immediately.

13         (b)  After the case plan has been agreed upon and

14  signed by the parties, a copy of the plan must be given

15  immediately to the parties, including the child if

16  appropriate, and to other persons as directed by the court.

17         1.  A case plan must be prepared, but need not be

18  submitted to the court, for a child who will be in care no

19  longer than 30 days unless that child is placed in out-of-home

20  care a second time within a 12-month period.

21         2.  In each case in which a child has been placed in

22  out-of-home care, a case plan must be prepared within 60 days

23  after the department removes the child from the home and shall

24  be submitted to the court before the disposition hearing for

25  the court to review and approve.

26         3.  After jurisdiction attaches, all case plans must be

27  filed with the court and a copy provided to all the parties

28  whose whereabouts are known not less than 3 business days

29  before the disposition hearing. The department shall file with

30  the court, and provide copies to the parties, all case plans

31  prepared before jurisdiction of the court attached.

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 1         (7)  The case plan must be filed with the court and

 2  copies provided to all parties, including the child if

 3  appropriate, not less than 3 business days before the

 4  disposition hearing.

 5         (8)  The case plan must describe a process for making

 6  available to all physical custodians and family services

 7  counselors the information required by s. 39.6012(2) and for

 8  ensuring that this information follows the child until

 9  permanency has been achieved.

10         Section 16.  Section 39.6012, Florida Statutes, is

11  created to read:

12         39.6012  Case plan tasks; services.--

13         (1)  The services to be provided to the parent and the

14  tasks that must be completed are subject to the following:

15         (a)  The services described in the case plan must be

16  designed to improve the conditions in the home and aid in

17  maintaining the child in the home, facilitate the child's safe

18  return to the home, ensure proper care of the child, or

19  facilitate the child's permanent placement. The services

20  offered must be the least intrusive possible into the life of

21  the parent and child, must focus on clearly defined

22  objectives, and must provide the most efficient path to quick

23  reunification or permanent placement given the circumstances

24  of the case and the child's need for safe and proper care.

25         (b)  The case plan must describe each of the tasks with

26  which the parent must comply and the services to be provided

27  to the parent, specifically addressing the identified problem,

28  including:

29         1.  The type of services or treatment.

30  

31  

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 1         2.  The date the department will provide each service

 2  or referral for the service if the service is being provided

 3  by the department or its agent.

 4         3.  The date by which the parent must complete each

 5  task.

 6         4.  The frequency of services or treatment provided.

 7  The frequency of the delivery of services or treatment

 8  provided shall be determined by the professionals providing

 9  the services or treatment on a case-by-case basis and adjusted

10  according to their best professional judgment.

11         5.  The location of the delivery of the services.

12         6.  The staff of the department or service provider

13  accountable for the services or treatment.

14         7.  A description of the measurable objectives,

15  including the timeframes specified for achieving the

16  objectives of the case plan and addressing the identified

17  problem.

18         (2)  The case plan must include all available

19  information that is relevant to the child's care including, at

20  a minimum:

21         (a)  A description of the identified needs of the child

22  while in care.

23         (b)  A description of the plan for ensuring that the

24  child receives safe and proper care and that services are

25  provided to the child in order to address the child's needs.

26  To the extent available and accessible, the following health,

27  mental health, and education information and records of the

28  child must be attached to the case plan and updated throughout

29  the judicial-review process:

30         1.  The names and addresses of the child's health,

31  mental health, and educational providers;

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 1         2.  The child's grade-level performance;

 2         3.  The child's school record;

 3         4.  Assurances that the child's placement takes into

 4  account proximity to the school in which the child is enrolled

 5  at the time of placement;

 6         5.  A record of the child's immunizations;

 7         6.  The child's known medical history, including any

 8  known problems;

 9         7.  The child's medications, if any; and

10         8.  Any other relevant health, mental health, and

11  education information concerning the child.

12         (3)  In addition to any other requirement, if the child

13  is in an out-of-home placement, the case plan must include:

14         (a)  A description of the type of placement in which

15  the child is to be living.

16         (b)  A description of the parent's visitation rights

17  and obligations and the plan for sibling visitation if the

18  child has siblings and is separated from them.

19         (c)  When appropriate, for a child who is 13 years of

20  age or older, a written description of the programs and

21  services that will help the child prepare for the transition

22  from foster care to independent living.

23         (d)  A discussion of the safety and the appropriateness

24  of the child's placement, which placement is intended to be

25  safe, and the least restrictive and the most family-like

26  setting available consistent with the best interest and

27  special needs of the child and in as close proximity as

28  possible to the child's home.

29         Section 17.  Section 39.6013, Florida Statutes, is

30  created to read:

31         39.6013  Case plan amendments.--

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 1         (1)  After the case plan has been developed under s.

 2  39.6011, the tasks and services agreed upon in the plan may

 3  not be changed or altered in any way except as provided in

 4  this section.

 5         (2)  The case plan may be amended at any time in order

 6  to change the goal of the plan, employ the use of concurrent

 7  planning, add or remove tasks the parent must complete to

 8  substantially comply with the plan, provide appropriate

 9  services for the child, and update the child's health, mental

10  health, and education records required by s. 39.6012.

11         (3)  The case plan may be amended upon approval of the

12  court if all parties are in agreement regarding the amendments

13  to the plan and the amended plan is signed by all parties and

14  submitted to the court with a memorandum of explanation.

15         (4)  The case plan may be amended by the court or upon

16  motion of any party at any hearing to change the goal of the

17  plan, employ the use of concurrent planning, or add or remove

18  tasks the parent must complete in order to substantially

19  comply with the plan if there is a preponderance of evidence

20  demonstrating the need for the amendment. The need to amend

21  the case plan may be based on information discovered or

22  circumstances arising after the approval of the case plan for:

23         (a)  A previously unaddressed condition that, without

24  services, may prevent the child from safely returning to the

25  home or may prevent the child from safely remaining in the

26  home;

27         (b)  The child's need for permanency, taking into

28  consideration the child's age and developmental needs;

29         (c)  The failure of a party to substantially comply

30  with a task in the original case plan, including the

31  ineffectiveness of a previously offered service; or

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 1         (d)  An error or oversight in the case plan.

 2         (5)  The case plan may be amended by the court or upon

 3  motion of any party at any hearing to provide appropriate

 4  services to the child if there is competent evidence

 5  demonstrating the need for the amendment. The reason for

 6  amending the case plan may be based on information discovered

 7  or circumstances arising after the approval of the case plan

 8  regarding the provision of safe and proper care to the child.

 9         (6)  The case plan is deemed amended as to the child's

10  health, mental health, and education records required by s.

11  39.6012 when the child's updated health and education records

12  are filed by the department under s. 39.701(7)(a).

13         (7)  Amendments must include service interventions that

14  are the least intrusive into the life of the parent and child,

15  must focus on clearly defined objectives, and must provide the

16  most efficient path to quick reunification or permanent

17  placement given the circumstances of the case and the child's

18  need for safe and proper care. A copy of the amended plan must

19  be immediately given to the persons identified in s.

20  39.601(1).

21         Section 18.  Subsections (1) and (2) of section 39.603,

22  Florida Statutes, are amended to read:

23         39.603  Court approvals of case planning.--

24         (1)  All case plans and amendments to case plans must

25  be approved by the court. At the hearing on the case plan,

26  which shall occur in conjunction with the disposition hearing

27  unless otherwise directed by the court, the court shall

28  determine:

29         (a)  All parties who were notified and are in

30  attendance at the hearing, either in person or through a legal

31  representative. The court may appoint a guardian ad litem

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 1  under Rule 1.210, Florida Rules of Civil Procedure, to

 2  represent the interests of any parent, if the location of the

 3  parent is known but the parent is not present at the hearing

 4  and the development of the plan is based upon the physical,

 5  emotional, or mental condition or physical location of the

 6  parent.

 7         (b)  If the plan is consistent with previous orders of

 8  the court placing the child in care.

 9         (c)  If the plan is consistent with the requirements

10  for the content of a plan as specified in this chapter.

11         (d)  In involuntary placements, whether each parent was

12  notified of the right to counsel at each stage of the

13  dependency proceedings, in accordance with the Florida Rules

14  of Juvenile Procedure.

15         (e)  Whether each parent whose location was known was

16  notified of the right to participate in the preparation of a

17  case plan and of the right to receive assistance from any

18  other person in the preparation of the case plan.

19         (f)  Whether the plan is meaningful and designed to

20  address facts and circumstances upon which the court based the

21  finding of dependency in involuntary placements or the plan is

22  meaningful and designed to address facts and circumstances

23  upon which the child was placed in out-of-home care

24  voluntarily.

25         (2)  When the court determines that any of the elements

26  considered at the hearing related to the plan have not been

27  met, the court shall require the parties to make necessary

28  amendments to the plan under s. 39.6013. The amended plan must

29  be submitted to the court for review and approval within 30

30  days after the hearing. A copy of the amended plan must also

31  be provided to each party, if the location of the party is

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 1  known, at least 3 business days 72 hours before prior to

 2  filing with the court.

 3         Section 19.  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 20.  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 21.  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 22.  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 23.  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 24.  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. The court shall set an advisory hearing at

16  the judicial review hearing if an advisory hearing has not

17  previously been set. initiate termination of parental rights

18  proceedings under this chapter within 30 days. Only if the

19  court finds that the situation of the child is so

20  extraordinary and that the best interests of the child will be

21  met by such action at the time of the judicial review may the

22  case plan be extended. If the court decides to extend the

23  plan, the court shall enter detailed findings justifying the

24  decision to extend, as well as the length of the extension. A

25  termination of parental rights petition need not be filed if:

26  the child is being cared for by a relative who chooses not to

27  adopt the child but who is willing, able, and suitable to

28  serve as the legal custodian for the child until the child

29  reaches 18 years of age; the court determines that filing such

30  a petition would not be in the best interests of the child; or

31  the state has not provided the child's parent, when reasonable

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 1  efforts to return a child are required, consistent with the

 2  time period in the state's case plan, such services as the

 3  state deems necessary for the safe return of the child to his

 4  or her home. Failure to initiate termination of parental

 5  rights proceedings at the time of the 12-month judicial review

 6  or within 30 days after such review does not prohibit

 7  initiating termination of parental rights proceedings at any

 8  other time.

 9         (3)  Notwithstanding subsection (2), the department may

10  choose not to file or join in a petition to terminate the

11  parental rights of a parent under subsection (2) if:

12         (a)  The child is being cared for by a relative under

13  s. 39.6231;

14         (b)  The department has documented in the report to the

15  court a compelling reason for determining that filing such a

16  petition would not be in the best interests of the child.

17  Compelling reasons for not filing or joining a petition to

18  terminate parental rights may include, but are not limited to:

19         1.  Adoption is not the appropriate permanency goal for

20  the child;

21         2.  No grounds to file a petition to terminate parental

22  rights exist;

23         3.  The child is an unaccompanied refugee minor as

24  defined in 45 C.F.R. 400.111;

25         4.  There are international legal obligations or

26  compelling foreign-policy reasons that would preclude

27  terminating parental rights; or

28         5.  The department has not provided to the family,

29  consistent with the time period in the case plan, services

30  that the department deems necessary for the safe return of the

31  child to the home.

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 1         (4)  Upon good cause shown by any party or on its own

 2  motion, the court may review the determination by the

 3  department that compelling reasons exist for not filing a

 4  petition for termination of parental rights.

 5         Section 25.  Subsections (1) and (2) of section 39.806,

 6  Florida Statutes, are amended to read:

 7         39.806  Grounds for termination of parental rights.--

 8         (1)  The department, the guardian ad litem, or any

 9  person who has knowledge of the facts alleged or who is

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

11  petition Grounds for the termination of parental rights may be

12  established under any of the following circumstances:

13         (a)  When the parent or parents have voluntarily

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

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

16  department for subsequent adoption and the department is

17  willing to accept custody of the child.

18         1.  The surrender document must be executed before two

19  witnesses and a notary public or other person authorized to

20  take acknowledgments.

21         2.  The surrender and consent may be withdrawn after

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

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

24  duress.

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

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

27  cannot be ascertained by diligent search within 60 days.

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

29  toward the child or toward other children that demonstrates

30  that the continuing involvement of the parent or parents in

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

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

 2  child irrespective of the provision of services. Provision of

 3  services may be evidenced by proof that services were provided

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

 5  welfare agency.

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

 7  state or federal correctional institution and either:

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

 9  to be incarcerated will constitute a substantial portion of

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

11  years;

12         2.  The incarcerated parent has been determined by the

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

14  775.084, a habitual violent felony offender as defined in s.

15  775.084, or a sexual predator as defined in s. 775.21; has

16  been convicted of first degree or second degree murder in

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

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

19  or has been convicted of an offense in another jurisdiction

20  which is substantially similar to one of the offenses listed

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

22  "substantially similar offense" means any offense that is

23  substantially similar in elements and penalties to one of

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

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

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

27  possession or territory thereof, or any foreign jurisdiction;

28  or

29         3.  The court determines by clear and convincing

30  evidence that continuing the parental relationship with the

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

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

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

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

 4  also be filed When a child has been adjudicated dependent, a

 5  case plan has been filed with the court, and:

 6         1.  The child continues to be abused, neglected, or

 7  abandoned by the parents. In this case, the failure of the

 8  parents to substantially comply for a period of 12 months

 9  after an adjudication of the child as a dependent child or the

10  child's placement into shelter care, whichever came first,

11  constitutes evidence of continuing abuse, neglect, or

12  abandonment unless the failure to substantially comply with

13  the case plan was due either to the lack of financial

14  resources of the parents or to the failure of the department

15  to make reasonable efforts to reunify the parent and child.

16  The Such 12-month period begins may begin to run only after

17  the child's placement into shelter care or the entry of a

18  disposition order placing the custody of the child with the

19  department or a person other than the parent and the approval

20  by the court of a case plan with a goal of reunification with

21  the parent, whichever came first; or.

22         2.  The parent has materially breached the case plan by

23  making it unlikely that he or she will be able to

24  substantially comply with the case plan before the time for

25  compliance expires. Time is of the essence for permanency of

26  children in the dependency system. In order to prove the

27  parent has materially breached the case plan, the court must

28  find by clear and convincing evidence that the parent is

29  unlikely or unable to substantially comply with the case plan

30  before time expires to comply with the case plan.

31  

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

 2  conduct or had the opportunity and capability to prevent and

 3  knowingly failed to prevent egregious conduct that threatens

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

 5  the child or the child's sibling.

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

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

 8  parent or parents regardless of whether the child is related

 9  legally or by consanguinity.

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

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

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

13  or outrageous by a normal standard of conduct. Egregious

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

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

16  endanger the life of the child.

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

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

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

20  chronic abuse.

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

22  or voluntary manslaughter of another child, or a felony

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

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

25  solicited to commit such a murder or voluntary manslaughter or

26  felony assault.

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

28  sibling have been terminated involuntarily.

29         (2)  Reasonable efforts to preserve and reunify

30  families are shall not be required if a court of competent

31  

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 1  jurisdiction has determined that any of the events described

 2  in paragraphs (1)(e)-(i) have occurred.

 3         Section 26.  Subsection (1) of section 39.810, Florida

 4  Statutes, is amended to read:

 5         39.810  Manifest best interests of the child.--In a

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

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

 8  This consideration shall not include a comparison between the

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

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

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

12  court shall consider and evaluate all relevant factors,

13  including, but not limited to:

14         (1)  Any suitable permanent custody arrangement with a

15  relative of the child. However, the availability of a

16  nonadoptive placement with a relative may not receive greater

17  consideration than any other factor weighing on the manifest

18  best interest of the child and may not be considered as a

19  factor weighing against termination of parental rights. If a

20  child has been in a stable or preadoptive placement for not

21  less than 6 months, the availability of a different placement,

22  including a placement with a relative, may not be considered

23  as a ground to deny the termination of parental rights.

24         Section 27.  Subsection (4) of section 39.811, Florida

25  Statutes, is amended to read:

26         39.811  Powers of disposition; order of disposition.--

27         (4)  If the child is neither in the custody of the

28  department nor in the custody of a parent and the court finds

29  that the grounds for termination of parental rights have been

30  established for either or both parents, the court shall enter

31  an order terminating parental rights for the parent or parents

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 1  for whom the grounds for termination have been established and

 2  placing the child with the department or an appropriate legal

 3  custodian. If the parental rights of both parents have been

 4  terminated, or if the parental rights of only one parent have

 5  been terminated and the court makes specific findings based on

 6  evidence presented that placement with the remaining parent is

 7  likely to be harmful to the child, the court may order that

 8  the child be placed with a legal custodian other than the

 9  department after hearing evidence of the suitability of the

10  such intended placement. Suitability of the intended placement

11  includes the fitness and capabilities of the proposed legal

12  custodian to function as the primary caregiver for a

13  particular child; and the compatibility of the child with the

14  home in which the child is intended to be placed.  If the

15  court orders that a child be placed with a legal custodian

16  under this subsection, the court shall appoint a such legal

17  custodian either as the guardian for the child as provided in

18  s. 744.3021 or s. 39.621 or as the long-term custodian of the

19  child as provided in s. 39.622 so long as the child has been

20  residing with the legal custodian for a minimum of 6 months.

21  The court may modify the order placing the child in the

22  custody of the legal custodian and revoke the guardianship

23  established under s. 744.3021 or another the long-term

24  custodial relationship if the court subsequently finds the

25  placement to be no longer in the best interest of the child.

26         Section 28.  Paragraph (b) of subsection (3) of section

27  39.0015, Florida Statutes, is amended to read:

28         39.0015  Child abuse prevention training in the

29  district school system.--

30         (3)  DEFINITIONS.--As used in this section:

31  

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 1         (b)  "Child abuse" means those acts as defined in ss.

 2  39.01(1), (2), (32), (42), (44), (55) (30), (43), (45), (52),

 3  and (62) (63), 827.04, and 984.03(1), (2), and (37).

 4         Section 29.  Subsection (5) of section 39.205, Florida

 5  Statutes, is amended to read:

 6         39.205  Penalties relating to reporting of child abuse,

 7  abandonment, or neglect.--

 8         (5)  If the department or its authorized agent has

 9  determined after its investigation that a report is false, the

10  department shall, with the consent of the alleged perpetrator,

11  refer the report to the local law enforcement agency having

12  jurisdiction for an investigation to determine whether

13  sufficient evidence exists to refer the case for prosecution

14  for filing a false report as defined in s. 39.01(28) s.

15  39.01(27). During the pendency of the investigation by the

16  local law enforcement agency, the department must notify the

17  local law enforcement agency of, and the local law enforcement

18  agency must respond to, all subsequent reports concerning

19  children in that same family in accordance with s. 39.301.  If

20  the law enforcement agency believes that there are indicators

21  of abuse, abandonment, or neglect, it must immediately notify

22  the department, which must assure the safety of the children.

23  If the law enforcement agency finds sufficient evidence for

24  prosecution for filing a false report, it must refer the case

25  to the appropriate state attorney for prosecution.

26         Section 30.  Subsection (1) of section 39.302, Florida

27  Statutes, is amended to read:

28         39.302  Protective investigations of institutional

29  child abuse, abandonment, or neglect.--

30         (1)  The department shall conduct a child protective

31  investigation of each report of institutional child abuse,

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 1  abandonment, or neglect.  Upon receipt of a report that

 2  alleges that an employee or agent of the department, or any

 3  other entity or person covered by s. 39.01(33) or (46) s.

 4  39.01(31) or (47), acting in an official capacity, has

 5  committed an act of child abuse, abandonment, or neglect, the

 6  department shall initiate a child protective investigation

 7  within the timeframe established by the central abuse hotline

 8  under pursuant to s. 39.201(5) and orally notify the

 9  appropriate state attorney, law enforcement agency, and

10  licensing agency. These agencies shall immediately conduct a

11  joint investigation, unless independent investigations are

12  more feasible. When conducting investigations onsite or having

13  face-to-face interviews with the child, such investigation

14  visits shall be unannounced unless it is determined by the

15  department or its agent that the such unannounced visits would

16  threaten the safety of the child.  When a facility is exempt

17  from licensing, the department shall inform the owner or

18  operator of the facility of the report.  Each agency

19  conducting a joint investigation is shall be entitled to full

20  access to the information gathered by the department in the

21  course of the investigation. A protective investigation must

22  include an onsite visit of the child's place of residence. In

23  all cases, the department shall make a full written report to

24  the state attorney within 3 working days after making the oral

25  report. A criminal investigation shall be coordinated,

26  whenever possible, with the child protective investigation of

27  the department. Any interested person who has information

28  regarding the offenses described in this subsection may

29  forward a statement to the state attorney as to whether

30  prosecution is warranted and appropriate. Within 15 days after

31  the completion of the investigation, the state attorney shall

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 1  report the findings to the department and shall include in the

 2  such report a determination of whether or not prosecution is

 3  justified and appropriate in view of the circumstances of the

 4  specific case.

 5         Section 31.  For the purpose of incorporating the

 6  amendments made by this act to section 39.806, Florida

 7  Statutes, in a reference thereto, subsection (5) of section

 8  39.802, Florida Statutes, is reenacted to read:

 9         39.802  Petition for termination of parental rights;

10  filing; elements.--

11         (5)  When a petition for termination of parental rights

12  is filed under s. 39.806(1), a separate petition for

13  dependency need not be filed and the department need not offer

14  the parents a case plan with a goal of reunification, but may

15  instead file with the court a case plan with a goal of

16  termination of parental rights to allow continuation of

17  services until the termination is granted or until further

18  orders of the court are issued.

19         Section 32.  Subsection (1) of section 39.828, Florida

20  Statutes, is amended to read:

21         39.828  Grounds for appointment of a guardian

22  advocate.--

23         (1)  The court shall appoint the person named in the

24  petition as a guardian advocate with all the powers and duties

25  specified in s. 39.829 for an initial term of 1 year upon a

26  finding that:

27         (a)  The child named in the petition is or was a drug

28  dependent newborn as described in s. 39.01(32)(g) s.

29  39.01(30)(g);

30  

31  

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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 33.  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 34.  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 35.  Sections 39.601, 39.622, 39.623, 39.624,

26  and 435.045, Florida Statutes, are repealed.

27         Section 36.  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                     CS for Senate Bill 1080

 3                                 

 4  The committee substitute makes the following changes to the
    underlying committee substitute:
 5  
    --   Requires the Department of Children and Families (DCF) to
 6       develop a process for making information in a child's
         case plan available to his or her physical custodians and
 7       family services counselors and for ensuring that the
         information follows the child until permanency is
 8       achieved;

 9  --   Clarifies and simplifies the process to be used when the
         department denies placement of a child with a person due
10       to a disqualifying criminal offense;

11  --   Provides that a parent has a continuing duty to inform
         the department of any relatives who should be considered
12       for placement of their child;

13  --   Requires parents to comply with a child's case plan or
         face possible termination of parental rights (TPR); and
14  
    --   Allows the court on its own motion to review a decision
15       by DCF not to file a TPR petition after the 12-month-case
         review.
16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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