Senate Bill sb1080er

CODING: Words stricken are deletions; words underlined are additions.


    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



  1                                 

  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.; requiring the

18         department to conduct a criminal history

19         records check of any person being considered as

20         a prospective foster parent; prohibiting a

21         court from placing a child with a person if the

22         person's criminal history records check shows

23         that the person was convicted of certain

24         specified felonies; requiring a person to

25         disclose to the department pending criminal

26         proceedings; providing that a court may review

27         the granting or denial of the placement of a

28         child based upon a criminal offense; providing

29         that the person seeking placement of a child

30         has the burden of setting forth evidence that

31         he or she will not endanger the child if


                                  1

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         placement is allowed; amending s. 39.201, F.S.;

 2         requiring that any person who knows or suspects

 3         that a child is in need of supervision and care

 4         and has no parent, legal custodian, or

 5         responsible adult relative immediately known

 6         and available to provide supervision and care,

 7         must report this information to the central

 8         abuse hotline of the Department of Children and

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

10         providing that the department may rely upon a

11         previous report to indicate that child abuse

12         has occurred; redefining the term "criminal

13         conduct" to include a child who is known or

14         suspected to be a victim of human trafficking;

15         requiring each child protective investigator to

16         inform the person who is the subject of a child

17         protective investigation that he or she has a

18         duty to report any change in the residence or

19         location of the child to the investigator and

20         that the duty to report continues until the

21         investigation is closed; providing that if the

22         child has moved to a different residence or

23         location, a report may be filed with a law

24         enforcement agency under certain circumstances;

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

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

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

28         contain specified information relating to the

29         availability of services to prevent removal

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

31         requiring the court to inquire of the parents


                                  2

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         whether the parents have relatives who might be

 2         considered as a placement for the child;

 3         requiring that the court advise the parents

 4         that if they fail to comply with the case plan

 5         their parental rights may be terminated;

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

 7         provisions to changes made by the act;

 8         correcting cross-references; amending s.

 9         39.521, F.S.; clarifying circumstances under

10         which transferring custody to an adult relative

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

12         requiring the court to consider the continuity

13         of the child's placement in the same

14         out-of-home residence as a factor when

15         determining the best interests of the child in

16         a postdisposition proceeding to modify custody;

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

18         for drafting and implementing a case plan;

19         requiring the department to prepare a case plan

20         for each child receiving services from the

21         department; requiring certain face-to-face

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

23         for case plan tasks and services; providing the

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

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

26         describing the circumstance under which a case

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

28         requiring that case plans and amendments be

29         approved by the court; amending s. 39.621,

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

31         a child in the dependency system; providing


                                  3

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         prehearing procedures; providing for permanency

 2         hearings; directing the court to make certain

 3         findings at the permanency hearing; creating s.

 4         39.6221, F.S.; providing for the permanent

 5         guardianship for a dependent child; authorizing

 6         the court to consider a permanent guardian as a

 7         long-term option for a dependent child;

 8         requiring a written order; providing for the

 9         contents of the permanent guardianship order;

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

11         placement with a fit and willing relative;

12         requiring the court to specify the reasons to

13         place a child with a relative; providing for

14         the department to supervise the placement for a

15         specified time period; creating s. 39.6241,

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

17         another planned permanent living arrangement

18         under certain circumstances; amending s.

19         39.701, F.S.; requiring that a child's current

20         health and education records be included in the

21         documentation for the judicial review report;

22         requiring the court to conduct a judicial

23         review 6 months after the child was placed in

24         shelter care; creating s. 39.8055, F.S.;

25         requiring the department to file a petition or

26         to join in a petition to terminate parental

27         rights within a specified number of days under

28         certain circumstances; providing exceptions;

29         providing examples of compelling reasons for

30         the department not to file or to join a

31         petition to terminate parental rights;


                                  4

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         authorizing the court to review the decision by

 2         the department for not filing or joining a

 3         petition for termination of parental rights;

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

 5         material breach of the case plan as a ground to

 6         terminate parental rights; requiring that the

 7         department show, and the court find, the

 8         material breach by clear and convincing

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

10         certain factors for the court to consider for

11         the best interest of the child; amending s.

12         39.811, F.S.; conforming provisions to changes

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

14         39.302, 39.828, 63.092, and 419.001, F.S.;

15         correcting cross-references; reenacting s.

16         39.802(5), F.S., relating to the filing of a

17         petition to terminate parental rights, to

18         incorporate the amendments made to s. 39.806,

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

20         39.601, 39.622, 39.623, 39.624, 39.703, and

21         435.045, F.S., relating to case plan

22         requirements, long-term custody of a dependent

23         child, long-term licensed custody of a

24         dependent child, independent living, the

25         initiation of termination of parental rights

26         proceedings, and background screening of

27         certain persons before a dependent child is

28         placed in their home, respectively; providing

29         an effective date.

30  

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


                                  5

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2  to read:

 3         39.01  Definitions.--When used in this chapter, unless

 4  the context otherwise requires:

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

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

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

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

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

10  which situation is sufficient to evince a willful rejection of

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

12  legal custodian, or caregiver primarily responsible for the

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

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

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

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

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

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

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

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

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

22  support a finding of abandonment.

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

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

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

26  mental, or emotional health to be significantly impaired.

27  Abuse of a child includes acts or omissions. Corporal

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

29  disciplinary purposes does not in itself constitute abuse when

30  it does not result in harm to the child.

31  


                                  6

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2  abuse service provider as defined in chapter 397.

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

 4  court to determine whether or not the facts support the

 5  allegations stated in the petition in dependency cases or in

 6  termination of parental rights cases.

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

 8  child.

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

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

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

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

13  the rights and privileges and subject to all the obligations

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

15  wedlock.

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

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

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

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

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

21  violation of law or delinquent act involving juvenile sexual

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

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

24  coercion.  For purposes of this paragraph, the following

25  definitions apply:

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

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

28  cooperation or compliance.

29         2.  "Equality" means two participants operating with

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

31  controlled nor coerced by the other.


                                  7

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2  following:

 3         a.  Understanding what is proposed based on age,

 4  maturity, developmental level, functioning, and experience.

 5         b.  Knowledge of societal standards for what is being

 6  proposed.

 7         c.  Awareness of potential consequences and

 8  alternatives.

 9         d.  Assumption that agreement or disagreement will be

10  accepted equally.

11         e.  Voluntary decision.

12         f.  Mental competence.

13  

14  Juvenile sexual offender behavior ranges from noncontact

15  sexual behavior such as making obscene phone calls,

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

17  photographs to varying degrees of direct sexual contact, such

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

19  sodomy, and various other sexually aggressive acts.

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

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

22  panel, considers the facts and arguments presented by the

23  parties and renders a decision which may be binding or

24  nonbinding.

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

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

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

28  management coverage, which that is assigned or designated by

29  the department to perform duties or exercise powers under

30  pursuant to this chapter.

31  


                                  8

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2  permanent guardian, adult household member, or other person

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

 4  (46) (47).

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

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

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

 8  from the provision of voluntary services through any

 9  dependency, foster care, or termination of parental rights

10  proceeding or related activity or process.

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

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

13  order of the court.

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

15  professionals established by the Department of Health to

16  receive referrals from the protective investigators and

17  protective supervision staff of the department and to provide

18  specialized and supportive services to the program in

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

20  protection team shall provide consultation to other programs

21  of the department and other persons regarding child abuse,

22  abandonment, or neglect cases.

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

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

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

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

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

28  former Department of Health and Rehabilitative Services, or a

29  licensed child-placing agency for purpose of adoption;

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

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


                                  9

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2  and Rehabilitative Services, after which placement, under the

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

 4  parent or parents or legal custodians have failed to

 5  substantially comply with the requirements of the plan;

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

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

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

 9  Florida Rules of Juvenile Procedure;

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

11  providing supervision and care; or

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

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

14  custodians.

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

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

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

18  education of a child.

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

20  as set forth in s. 26.021.

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

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

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

24  health, educational, vocational, and social condition and

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

26  caregiver's need for rehabilitative and treatment services,

27  including substance abuse treatment services, mental health

28  services, developmental services, literacy services, medical

29  services, family services, and other specialized services, as

30  appropriate.

31  


                                  10

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         (18)  "Concurrent planning" means establishing a

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

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

 4  establishing another goal that must be one of the following

 5  options:

 6         (a)  Adoption when a petition for termination of

 7  parental rights has been filed or will be filed;

 8         (b)  Permanent guardianship of a dependent child under

 9  s. 39.6221;

10         (c)  Permanent placement with a fit and willing

11  relative under s. 39.6231; or

12         (d)  Placement in another planned permanent living

13  arrangement under s. 39.6241.

14         (19)(18)  "Court," unless otherwise expressly stated,

15  means the circuit court assigned to exercise jurisdiction

16  under this chapter.

17         (20)(19)  "Department" means the Department of Children

18  and Family Services.

19         (21)(20)  "Diligent efforts by a parent" means a course

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

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

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

23  plan.

24         (22)(21)  "Diligent efforts of social service agency"

25  means reasonable efforts to provide social services or

26  reunification services made by any social service agency that

27  is a party to a case plan.

28         (23)(22)  "Diligent search" means the efforts of a

29  social service agency to locate a parent or prospective parent

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

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


                                  11

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2  hearing until the parent is either identified and located or

 3  the court excuses further search.

 4         (24)(23)  "Disposition hearing" means a hearing in

 5  which the court determines the most appropriate protections,

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

 7         (25)(24)  "District" means any one of the 15 service

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

 9         (26)(25)  "District administrator" means the chief

10  operating officer of each service district of the department

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

12  district administrator whose service district falls within the

13  boundaries of a judicial circuit.

14         (27)(26)  "Expedited termination of parental rights"

15  means proceedings wherein a case plan with the goal of

16  reunification is not being offered.

17         (28)(27)  "False report" means a report of abuse,

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

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

20         (a)  Harassing, embarrassing, or harming another

21  person;

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

23         (c)  Acquiring custody of a child; or

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

25  other private dispute involving a child.

26  

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

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

29  central abuse hotline.

30  

31  


                                  12

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         (29)(28)  "Family" means a collective body of persons,

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

 3  relative, in which:

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

 5  unit; or

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

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

 8  support or care for the child.

 9         (30)(29)  "Foster care" means care provided a child in

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

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

12         (31)(30)  "Harm" to a child's health or welfare can

13  occur when any person:

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

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

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

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

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

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

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

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

22         1.  Willful acts that produce the following specific

23  injuries:

24         a.  Sprains, dislocations, or cartilage damage.

25         b.  Bone or skull fractures.

26         c.  Brain or spinal cord damage.

27         d.  Intracranial hemorrhage or injury to other internal

28  organs.

29         e.  Asphyxiation, suffocation, or drowning.

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

31         g.  Burns or scalding.


                                  13

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2         i.  Permanent or temporary disfigurement.

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

 4  part or function.

 5  

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

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

 8  result or to cause an injury.

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

10  other substances that substantially affect the child's

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

12  sickness or internal injury.  For the purposes of this

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

14  prescribed for the child or not administered as prescribed,

15  and controlled substances as outlined in Schedule I or

16  Schedule II of s. 893.03.

17         3.  Leaving a child without adult supervision or

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

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

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

21  exercise good judgment in responding to any kind of physical

22  or emotional crisis.

23         4.  Inappropriate or excessively harsh disciplinary

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

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

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

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

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

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

30  trauma inflicted.  Corporal discipline may be considered

31  


                                  14

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2  or other similar injuries:

 3         a.  Sprains, dislocations, or cartilage damage.

 4         b.  Bone or skull fractures.

 5         c.  Brain or spinal cord damage.

 6         d.  Intracranial hemorrhage or injury to other internal

 7  organs.

 8         e.  Asphyxiation, suffocation, or drowning.

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

10         g.  Burns or scalding.

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

12         i.  Permanent or temporary disfigurement.

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

14  part or function.

15         k.  Significant bruises or welts.

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

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

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

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

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

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

26  exploited, as provided in s. 450.151.

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

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

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

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

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


                                  15

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2  child, which situation is sufficient to evince a willful

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

 4  a parent or legal custodian or person primarily responsible

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

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

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

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

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

10  383.50.

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

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

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

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

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

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

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

18  practice of religious beliefs, does not provide specified

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

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

21  not:

22         1.  Eliminate the requirement that such a case be

23  reported to the department;

24         2.  Prevent the department from investigating such a

25  case; or

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

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

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

29  accredited practitioner who relies solely on spiritual means

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

31  well-recognized church or religious organization.


                                  16

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2  alcohol. Exposure to a controlled substance or alcohol is

 3  established by:

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

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

 6  demonstrably adversely affected by such usage; or

 7         2.  Continued chronic and severe use of a controlled

 8  substance or alcohol by a parent when the child is

 9  demonstrably adversely affected by such usage.

10  

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

12  means prescription drugs not prescribed for the parent or not

13  administered as prescribed and controlled substances as

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

15         (h)  Uses mechanical devices, unreasonable restraints,

16  or extended periods of isolation to control a child.

17         (i)  Engages in violent behavior that demonstrates a

18  wanton disregard for the presence of a child and could

19  reasonably result in serious injury to the child.

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

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

22  by the acts of another.

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

24  of abuse, abandonment, or neglect.

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

26  impeding or avoiding a protective investigation unless the

27  court determines that the parent, legal custodian, or

28  caregiver was fleeing from a situation involving domestic

29  violence.

30         (32)(31)  "Institutional child abuse or neglect" means

31  situations of known or suspected child abuse or neglect in


                                  17

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  which the person allegedly perpetrating the child abuse or

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

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

 4  agency or any other person at such institution responsible for

 5  the child's care.

 6         (33)(32)  "Judge" means the circuit judge exercising

 7  jurisdiction pursuant to this chapter.

 8         (34)(33)  "Legal custody" means a legal status created

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

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

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

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

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

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

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

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

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

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

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

20  parent with intact parental rights, to the rights or

21  responsibilities of the legal custodian who has assumed the

22  role of the parent.

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

24  relationship between the child and caregiver which is intended

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

26  to the procedures in chapter 744.

27         (35)  "Licensed child-caring agency" means a person,

28  society, association, or agency licensed by the department to

29  care for, receive, and board children.

30         (36)  "Licensed child-placing agency" means a person,

31  society, association, or institution licensed by the


                                  18

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

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

 3  foster or adoptive home.

 4         (37)  "Licensed health care professional" means a

 5  physician licensed under chapter 458, an osteopathic physician

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

 7  chapter 464, a physician assistant licensed under chapter 458

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

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

10  evidenced by violent or other actively self-destructive

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

12  period the child will attempt to commit suicide or inflict

13  serious bodily harm on himself or herself.

14         (39)  "Likely to injure others" means that it is more

15  likely than not that within a 24-hour period the child will

16  inflict serious and unjustified bodily harm on another person.

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

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

19  created by a court order pursuant to this chapter.

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

21  relationship" means the relationship that a juvenile court

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

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

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

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

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

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

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

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

30  showing that the best interest of the child necessitates a

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


                                  19

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

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

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

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

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

 6  psychiatric, and psychological care, unless these rights and

 7  duties are otherwise enlarged or limited by the court order

 8  establishing the long-term custodial relationship.

 9         (40)(42)  "Mediation" means a process whereby a neutral

10  third person called a mediator acts to encourage and

11  facilitate the resolution of a dispute between two or more

12  parties.  It is an informal and nonadversarial process with

13  the objective of helping the disputing parties reach a

14  mutually acceptable and voluntary agreement.  The role of the

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

16  parties in identifying issues, fostering joint problem

17  solving, and exploring settlement alternatives.

18         (41)(43)  "Mental injury" means an injury to the

19  intellectual or psychological capacity of a child as evidenced

20  by a discernible and substantial impairment in the ability to

21  function within the normal range of performance and behavior.

22         (42)(44)  "Necessary medical treatment" means care

23  which is necessary within a reasonable degree of medical

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

25  or to alleviate immediate pain of a child.

26         (43)(45)  "Neglect" occurs when a child is deprived of,

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

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

29  in an environment when such deprivation or environment causes

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

31  significantly impaired or to be in danger of being


                                  20

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  significantly impaired. The foregoing circumstances shall not

 2  be considered neglect if caused primarily by financial

 3  inability unless actual services for relief have been offered

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

 5  legitimately practicing religious beliefs in accordance with a

 6  recognized church or religious organization who thereby does

 7  not provide specific medical treatment for a child may shall

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

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

10  preclude a court from ordering the following services to be

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

12         (a)  Medical services from a licensed physician,

13  dentist, optometrist, podiatric physician, or other qualified

14  health care provider; or

15         (b)  Treatment by a duly accredited practitioner who

16  relies solely on spiritual means for healing in accordance

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

18  religious organization.

19  

20  Neglect of a child includes acts or omissions.

21         (44)(46)  "Next of kin" means an adult relative of a

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

23  uncle, or first cousin.

24         (45)(47)  "Other person responsible for a child's

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

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

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

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

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

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

31  care. For the purpose of departmental investigative


                                  21

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  jurisdiction, this definition does not include law enforcement

 2  officers, or employees of municipal or county detention

 3  facilities or the Department of Corrections, while acting in

 4  an official capacity.

 5         (46)(48)  "Out-of-home" means a placement outside of

 6  the home of the parents or a parent.

 7         (47)(49)  "Parent" means a woman who gives birth to a

 8  child and a man whose consent to the adoption of the child

 9  would be required under s. 63.062(1). If a child has been

10  legally adopted, the term "parent" means the adoptive mother

11  or father of the child. The term does not include an

12  individual whose parental relationship to the child has been

13  legally terminated, or an alleged or prospective parent,

14  unless the parental status falls within the terms of s.

15  39.503(1) or s. 63.062(1). For purposes of this chapter only,

16  when the phrase "parent or legal custodian" is used, it refers

17  to rights or responsibilities of the parent and, only if there

18  is no living parent with intact parental rights, to the rights

19  or responsibilities of the legal custodian who has assumed the

20  role of the parent.

21         (48)(50)  "Participant," for purposes of a shelter

22  proceeding, dependency proceeding, or termination of parental

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

24  should receive notice of hearings involving the child,

25  including the actual custodian of the child, the foster

26  parents or the legal custodian of the child, identified

27  prospective parents, grandparents entitled to priority for

28  adoption consideration under s. 63.0425, actual custodians of

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

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

31  contract with the department to provide protective services


                                  22

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

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

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

 4         (49)(51)  "Party" means the parent or parents of the

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

 6  or the representative of the guardian ad litem program when

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

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

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

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

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

12  be meaningless or detrimental to the child.

13         (50)  "Permanency goal" means the living arrangement

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

15  permanent living arrangement of the child. Permanency goals

16  applicable under this chapter, listed in order of preference,

17  are:

18         (a)  Reunification;

19         (b)  Adoption when a petition for termination of

20  parental rights has been or will be filed;

21         (c)  Permanent guardianship of a dependent child under

22  s. 39.6221;

23         (d)  Permanent placement with a fit and willing

24  relative under s. 39.6231; or

25         (e)  Placement in another planned permanent living

26  arrangement under s. 39.6241.

27  

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

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

30  the same time that another permanency goal is pursued.

31  


                                  23

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

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

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

 4  adult in a permanent guardianship of a dependent child under

 5  s. 39.6221.

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

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

 8  39.6221 between a child and a relative or other adult approved

 9  by the court which is intended to be permanent and

10  self-sustaining through the transfer of parental rights with

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

12  and control of the person, custody of the person, and

13  decisionmaking on behalf of the child.

14         (55)(52)  "Physical injury" means death, permanent or

15  temporary disfigurement, or impairment of any bodily part.

16         (56)(53)  "Physician" means any licensed physician,

17  dentist, podiatric physician, or optometrist and includes any

18  intern or resident.

19         (57)(54)  "Preliminary screening" means the gathering

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

21  need for further evaluation or assessment or for referral for

22  other substance abuse services through means such as

23  psychosocial interviews; urine and breathalyzer screenings;

24  and reviews of available educational, delinquency, and

25  dependency records of the child.

26         (58)(55)  "Preventive services" means social services

27  and other supportive and rehabilitative services provided to

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

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

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

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


                                  24

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  other supportive and rehabilitative services shall promote the

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

 3  safe, stable, living environment, shall promote family

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

 5         (59)(56)  "Prospective parent" means a person who

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

 7  mother or a father of a child.

 8         (60)(57)  "Protective investigation" means the

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

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

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

12  the department; the investigation of each report; the

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

14  determination of the disposition of each report without court

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

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

17         (61)(58)  "Protective investigator" means an authorized

18  agent of the department who receives and investigates reports

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

20  the investigation, may recommend that a dependency petition be

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

22  to carry out the required actions of the protective

23  investigation function.

24         (62)(59)  "Protective supervision" means a legal status

25  in dependency cases which permits the child to remain safely

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

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

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

29         (63)(60)  "Relative" means a grandparent,

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

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


                                  25

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2  does not include a stepparent.

 3         (64)(61)  "Reunification services" means social

 4  services and other supportive and rehabilitative services

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

 6  appropriate, to the relative placement, nonrelative placement,

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

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

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

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

11  social services and other supportive and rehabilitative

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

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

14  living environment, shall promote family autonomy, and shall

15  strengthen family life, whenever possible.

16         (65)(62)  "Secretary" means the Secretary of Children

17  and Family Services.

18         (66)(63)  "Sexual abuse of a child" means one or more

19  of the following acts:

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

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

22  whether or not there is the emission of semen.

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

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

25  person.

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

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

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

29  act intended for a valid medical purpose.

30         (d)  The intentional touching of the genitals or

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


                                  26

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

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

 3  include:

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

 5  normal caregiver responsibility, any interaction with, or

 6  affection for a child; or

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

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

 9  genitals in the presence of a child.

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

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

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

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

14  gratification, aggression, degradation, or other similar

15  purpose.

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

17  allowing, encouraging, or forcing a child to:

18         1.  Solicit for or engage in prostitution; or

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

20  chapter 827.

21         (67)(64)  "Shelter" means a placement with a relative

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

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

24  found to be dependent, pending court disposition before or

25  after adjudication.

26         (68)(65)  "Shelter hearing" means a hearing in which

27  the court determines whether probable cause exists to keep a

28  child in shelter status pending further investigation of the

29  case.

30  

31  


                                  27

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         (69)(66)  "Social service agency" means the department,

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

 3  agency.

 4         (70)(67)  "Substance abuse" means using, without

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

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

 7  resulting in dysfunctional social behavior.

 8         (71)(68)  "Substantial compliance" means that the

 9  circumstances which caused the creation of the case plan have

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

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

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

13  parent.

14         (72)(69)  "Taken into custody" means the status of a

15  child immediately when temporary physical control over the

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

17  child's release or placement.

18         (73)(70)  "Temporary legal custody" means the

19  relationship that a juvenile court creates between a child and

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

21  other person approved by the court until a more permanent

22  arrangement is ordered. Temporary legal custody confers upon

23  the custodian the right to have temporary physical custody of

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

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

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

27  psychiatric, and psychological care, unless these rights and

28  duties are otherwise enlarged or limited by the court order

29  establishing the temporary legal custody relationship.

30         (74)(71)  "Victim" means any child who has sustained or

31  is threatened with physical, mental, or emotional injury


                                  28

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

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

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

 4  relationship that a juvenile court order creates between a

 5  child and a placement licensed by the state to provide

 6  residential care for dependent children, if the licensed

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

 8  child until the child reaches the age of majority.

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

10  39.0121, Florida Statutes, to read:

11         39.0121  Specific rulemaking authority.--Pursuant to

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

13  authorized to adopt, amend, and repeal administrative rules

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

15  procedure and practice requirements necessary to implement

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

17         (15)  Provision for making available to all physical

18  custodians and family services counselors the information

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

20  information follows the child until permanency has been

21  achieved.

22         Section 3.  Section 39.013, Florida Statutes, is

23  amended to read:

24         39.013  Procedures and jurisdiction; right to

25  counsel.--

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

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

28  conducted according to the Florida Rules of Juvenile Procedure

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

30  the court of their right to counsel in dependency proceedings

31  


                                  29

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2  unable to afford counsel must be appointed counsel.

 3         (2)  The circuit court has shall have exclusive

 4  original jurisdiction of all proceedings under this chapter,

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

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

 7  and of the adoption of children whose parental rights have

 8  been terminated under this chapter. Jurisdiction attaches when

 9  the initial shelter petition, dependency petition, or

10  termination of parental rights petition is filed or when a

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

12  court may assume jurisdiction over any such proceeding

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

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

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

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

17  condition occurred that brought the child to the attention of

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

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

20  jurisdiction, unless relinquished by its order, until the

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

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

23  requesting the court's continued jurisdiction, the juvenile

24  court may retain jurisdiction under this chapter for a period

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

26  the purpose of determining whether appropriate aftercare

27  support, Road-to-Independence Scholarship, transitional

28  support, mental health, and developmental disability services,

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

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

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


                                  30

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  If a petition for special immigrant juvenile status and an

 2  application for adjustment of status have been filed on behalf

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

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

 5  the court may retain jurisdiction over the dependency case

 6  solely for the purpose of allowing the continued consideration

 7  of the petition and application by federal authorities. Review

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

 9  determining the status of the petition and application. The

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

11  federal authorities. Retention of jurisdiction in this

12  instance does not affect the services available to a young

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

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

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

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

17  circuit court assigned to handle dependency matters may

18  exercise the general and equitable jurisdiction over

19  guardianship proceedings under pursuant to the provisions of

20  chapter 744 and proceedings for temporary custody of minor

21  children by extended family under pursuant to the provisions

22  of chapter 751.

23         (4)  Orders entered pursuant to this chapter which

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

25  adoption of, or parental rights and responsibilities for a

26  minor child shall take precedence over other orders entered in

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

28  terminated jurisdiction, the such order may be subsequently

29  modified by a court of competent jurisdiction in any other

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

31  


                                  31

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 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


                                  32

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 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


                                  33

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 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  


                                  34

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 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


                                  35

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 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  


                                  36

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 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  Criminal history records check; limit on

24  placement of a child.--

25         (1)  The department shall conduct a criminal history

26  records check for all persons being considered by the

27  department for approval for placement of a child subject to a

28  placement decision under this chapter. For purposes of this

29  section, a criminal history records check may include, but is

30  not limited to, submission of fingerprints to the Department

31  of Law Enforcement for processing and forwarding to the


                                  37

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  Federal Bureau of Investigation for state and national

 2  criminal history information, and local criminal records

 3  checks through local law enforcement agencies.

 4         (2)  The department may not place a child with a person

 5  other than a parent if the criminal history records check

 6  reveals that the person has been convicted of any felony that

 7  falls within any of the following categories:

 8         (a)  Child abuse, abandonment, or neglect;

 9         (b)  Domestic violence;

10         (c)  Child pornography or other felony in which a child

11  was a victim of the offense; or

12         (d)  Homicide, sexual battery, or other felony

13  involving violence, other than felony assault or felony

14  battery when an adult was the victim of the assault or

15  battery.

16         (3)  The department may not place a child with a person

17  other than a parent if the criminal history records check

18  reveals that the person has, within the previous 5 years, been

19  convicted of a felony that falls within any of the following

20  categories:

21         (a)  Assault;

22         (b)  Battery; or

23         (c)  A drug-related offense.

24         (4)  The department may place a child in a home that

25  otherwise meets placement requirements if a name check of

26  state and local criminal history records systems does not

27  disqualify the applicant and if the department submits

28  fingerprints to the Department of Law Enforcement for

29  forwarding to the Federal Bureau of Investigation and is

30  awaiting the results of the state and national criminal

31  history records check.


                                  38

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         (5)  Persons with whom placement of a child is being

 2  considered or approved must disclose to the department any

 3  prior or pending local, state, or national criminal

 4  proceedings in which they are or have been involved.

 5         (6)  The department may examine the results of any

 6  criminal history records check of any person, including a

 7  parent, with whom placement of a child is being considered

 8  under this section. The complete criminal history records

 9  check must be considered when determining whether placement

10  with the person will jeopardize the safety of the child being

11  placed.

12         (7)(a)  The court may review a decision of the

13  department to grant or deny the placement of a child based

14  upon information from the criminal history records check. The

15  review may be upon the motion of any party, the request of any

16  person who has been denied a placement by the department, or

17  on the court's own motion. The court shall prepare written

18  findings to support its decision in this matter.

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

20  is denied the placement because of the results of a criminal

21  history records check has the burden of setting forth

22  sufficient evidence of rehabilitation to show that the person

23  will not present a danger to the child if the placement of the

24  child is allowed. Evidence of rehabilitation may include, but

25  is not limited to, the circumstances surrounding the incident

26  providing the basis for denying the application, the time

27  period that has elapsed since the incident, the nature of the

28  harm caused to the victim, whether the victim was a child, the

29  history of the person since the incident, whether the person

30  has complied with any requirement to pay restitution, and any

31  other evidence or circumstances indicating that the person


                                  39

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  will not present a danger to the child if the placement of the

 2  child is allowed.

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

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

 5  Florida Statutes, are amended to read:

 6         39.201  Mandatory reports of child abuse, abandonment,

 7  or neglect; mandatory reports of death; central abuse

 8  hotline.--

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

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

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

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

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

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

15  relative immediately known and available to provide

16  supervision and care shall report such knowledge or suspicion

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

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

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

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

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

22  827.04(3), and each report that a child is in need of

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

24  responsible adult relative immediately known and available to

25  provide supervision and care shall be made immediately to the

26  department's central abuse hotline on the single statewide

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

28  central abuse hotline shall determine if the report received

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

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

31  


                                  40

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  accepted for the protective investigation pursuant to part III

 2  of this chapter.

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

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

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

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

 7  parent, legal custodian, or responsible adult relative

 8  immediately known and available to provide supervision and

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

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

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

12  purposes of conducting a child protective investigation, or

13  that the facts otherwise so warrant, the department shall

14  commence an investigation immediately, regardless of the time

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

16  neglect cases, a child protective investigation shall be

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

18  institutional investigation, the alleged perpetrator may be

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

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

21  executes an affidavit of understanding with the department and

22  agrees to comply with the confidentiality provisions of s.

23  39.202. The absence of an attorney or other person does not

24  prevent the department from proceeding with other aspects of

25  the investigation, including interviews with other persons. In

26  institutional child abuse cases when the institution is not

27  operating and the child cannot otherwise be located, the

28  investigation shall commence immediately upon the resumption

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

30  enforcement agency, the department shall furnish all

31  investigative reports to that agency.


                                  41

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

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

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

 4         39.301  Initiation of protective investigations.--

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

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

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

 8  legal custodian, or responsible adult relative immediately

 9  known and available to provide supervision and care, the

10  central abuse hotline shall determine if the report requires

11  an immediate onsite protective investigation. For reports

12  requiring an immediate onsite protective investigation, the

13  central abuse hotline shall immediately notify the

14  department's designated children and families district staff

15  responsible for protective investigations to ensure that an

16  onsite investigation is promptly initiated.  For reports not

17  requiring an immediate onsite protective investigation, the

18  central abuse hotline shall notify the department's designated

19  children and families district staff responsible for

20  protective investigations in sufficient time to allow for an

21  investigation. At the time of notification of district staff

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

23  also provide information on any previous report concerning a

24  subject of the present report or any pertinent information

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

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

27  allegations of criminal conduct to the municipal or county law

28  enforcement agency of the municipality or county in which the

29  alleged conduct has occurred.

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

31  conduct" means:


                                  42

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

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

 3  child, as defined in s. 827.03.

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

 5  result of abuse or neglect.

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

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

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

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

10  as defined in s. 39.01.

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

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

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

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

15  human trafficking, as provided in s. 787.06.

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

17  of criminal conduct from the department, the law enforcement

18  agency shall review the information in the written report to

19  determine whether a criminal investigation is warranted. If

20  the law enforcement agency accepts the case for criminal

21  investigation, it shall coordinate its investigative

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

23  enforcement agency does not accept the case for criminal

24  investigation, the agency shall notify the department in

25  writing.

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

27  39.306 shall describe the specific local protocols for

28  implementing this section.

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

30  part, the child protective investigator shall inform any

31  subject of the investigation of the following:


                                  43

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         1.  The names of the investigators and identifying

 2  credentials from the department.

 3         2.  The purpose of the investigation.

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

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

 6         4.  The possible outcomes and services of the

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

 8  legal custodian.

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

10  involved to the fullest extent possible in determining the

11  nature of the allegation and the nature of any identified

12  problem.

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

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

15  investigator and that the duty to report continues until the

16  investigation is closed.

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

18  that protective investigators know how to fully inform parents

19  or legal custodians of their rights and options, including

20  opportunities for audio or video recording of investigators'

21  interviews with parents or legal custodians or children.

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

23  not identified as a caregiver responsible for the abuse,

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

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

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

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

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

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

30  agency or its contracted providers, except that a previous

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


                                  44

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2  child-protection proceeding.

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

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

 5  the protective investigator, a parent or legal custodian

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

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

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

 9  custodian does not notify the protective investigator of the

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

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

12  enforcement agency under s. 937.021.

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

14  Statutes, is amended to read:

15         39.303  Child protection teams; services; eligible

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

17  Department of Health shall develop, maintain, and coordinate

18  the services of one or more multidisciplinary child protection

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

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

21  appropriate representatives of school districts and

22  appropriate health, mental health, social service, legal

23  service, and law enforcement agencies. The Legislature finds

24  that optimal coordination of child protection teams and sexual

25  abuse treatment programs requires collaboration between the

26  Department of Health and the Department of Children and Family

27  Services. The two departments shall maintain an interagency

28  agreement that establishes protocols for oversight and

29  operations of child protection teams and sexual abuse

30  treatment programs. The Secretary of Health and the Deputy

31  Secretary for Children's Medical Services, in consultation


                                  45

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  with the Secretary of Children and Family Services, shall

 2  maintain the responsibility for the screening, employment,

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

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

 5  Child protection team medical directors shall be responsible

 6  for oversight of the teams in the districts.

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

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

 9  Services to child protection teams of the Department of Health

10  for an assessment and other appropriate available support

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

12  involving:

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

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

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

16  under.

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

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

19  unlawful sexual conduct has been determined to have occurred.

20         (d)  Any sexually transmitted disease in a prepubescent

21  child.

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

23  child to thrive.

24         (f)  Reported medical neglect of a child.

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

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

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

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

29  other child remains in the home.

30  

31  


                                  46

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

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

 3  suspected.

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

 5  39.402, Florida Statutes, are amended, and subsections (17)

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

 7         39.402  Placement in a shelter.--

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

 9  written determination as to whether the department has made a

10  reasonable effort to prevent or eliminate the need for removal

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

12  determination must include a description of which specific

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

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

15  which the services are expected to become available.

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

17  eliminate the need for removal or continued removal of the

18  child from the home, the written determination must also

19  contain an explanation describing why the services are not

20  available for the child.

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

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

23  order the department to provide appropriate and available

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

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

26  and safety.

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

28  shall notify all parties in writing of the next scheduled

29  hearing to review the shelter placement. The Such hearing

30  shall be held no later than 30 days after placement of the

31  child in shelter status, in conjunction with the arraignment


                                  47

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  hearing, and at such times as are otherwise provided by law or

 2  determined by the court to be necessary.

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

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

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

 6  provide to the court and all parties identification and

 7  location information regarding the relatives. The court shall

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

 9  inform the department of any relative who should be considered

10  for placement of the child.

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

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

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

14  out-of-home placement may become permanent.

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

16  39.507, Florida Statutes, are redesignated as subsections (8)

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

18  that section, to read:

19         39.507  Adjudicatory hearings; orders of

20  adjudication.--

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

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

23  parent or parents whether the parents have relatives who might

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

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

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

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

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

29  court and all parties identification and location information

30  of the relatives.

31  


                                  48

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

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

 3  Statutes, are amended to read:

 4         39.5085  Relative Caregiver Program.--

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

 6  this section to:

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

 8  the child can be achieved through a variety of permanency

 9  options, including permanent guardianship under s. 39.6221 if

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

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

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

13  by providing additional placement options and incentives that

14  will achieve permanency and stability for many children who

15  are otherwise at risk of foster care placement because of

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

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

18  relatives.

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

20  shall establish and operate the Relative Caregiver Program

21  pursuant to eligibility guidelines established in this section

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

23  Caregiver Program shall, within the limits of available

24  funding, provide financial assistance to:

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

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

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

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

29  child abuse, neglect, or abandonment and subsequent placement

30  with the relative under pursuant to this chapter.

31  


                                  49

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

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

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

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

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

 6  determination of child abuse, neglect, or abandonment and

 7  subsequent placement with the relative under pursuant to this

 8  chapter.

 9  

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

11  custody to the relative under protective supervision of the

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

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

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

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

16  The Relative Caregiver Program shall offer financial

17  assistance to caregivers who are relatives and who would be

18  unable to serve in that capacity without the relative

19  caregiver payment because of financial burden, thus exposing

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

21  care.

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

23  39.521, Florida Statutes, is amended to read:

24         39.521  Disposition hearings; powers of disposition.--

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

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

27  petition for dependency were proven in the adjudicatory

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

29  to the finding of dependency or admitted the allegations in

30  the petition, have failed to appear for the arraignment

31  


                                  50

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2  a diligent search having been conducted.

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

 4  disposition, include all of the following:

 5         1.  The placement or custody of the child.

 6         2.  Special conditions of placement and visitation.

 7         3.  Evaluation, counseling, treatment activities, and

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

 9         4.  The persons or entities responsible for supervising

10  or monitoring services to the child and parent.

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

12  as appropriate.

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

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

15         a.  Ninety days after the disposition hearing;

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

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

18  hearing; or

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

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

21  the child's removal from the home.

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

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

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

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

26  The court may exercise jurisdiction over all child support

27  matters, shall adjudicate the financial obligation, including

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

29  shall enforce the financial obligation as provided in chapter

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

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


                                  51

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

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

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

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

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

 6  shall include the reasons for such a decision and shall

 7  include a determination as to whether diligent efforts were

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

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

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

11  placement with the department.

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

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

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

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

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

17  transferring temporary legal custody to an adult relative

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

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

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

21  placement.

22  

23  For the purposes of this section subparagraph, "diligent

24  efforts to locate an adult relative" means a search similar to

25  the diligent search for a parent, but without the continuing

26  obligation to search after an initial adequate search is

27  completed.

28         9.  Other requirements necessary to protect the health,

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

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

31  preservation or reunification whenever possible.


                                  52

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2  Statutes, is amended to read:

 3         39.522  Postdisposition change of custody.--The court

 4  may change the temporary legal custody or the conditions of

 5  protective supervision at a postdisposition hearing, without

 6  the necessity of another adjudicatory hearing.

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

 8  home under the protective supervision of an authorized agent

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

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

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

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

13  the conditions of protective supervision or the placement. If

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

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

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

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

18  the placement, modifying the conditions of protective

19  supervision, or continuing the conditions of protective

20  supervision as ordered. The standard for changing custody of

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

22  applying this standard, the court shall consider the

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

24  residence as a factor when determining the best interests of

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

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

27  and court approval pursuant to this chapter.

28         Section 15.  Section 39.6011, Florida Statutes, is

29  created to read:

30         39.6011  Case plan development.--

31  


                                  53

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

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

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

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

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

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

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

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

 9  termination of parental rights. The case plan shall be

10  developed subject to the following requirements:

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

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

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

14  temporary custodian of the child.

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

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

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

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

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

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

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

22  unwillingness or inability to participate. The documentation

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

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

25  conforming as nearly as possible with the requirements set

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

27  parent to participate in developing a case plan does not

28  preclude the filing of a petition for dependency or for

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

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

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


                                  54

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

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

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

 4  hearing set for the child.

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

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

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

 8  principal language. Each case plan must contain:

 9         (a)  A description of the identified problem being

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

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

12  the department.

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

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

15  description of the permanency goal of reunification with the

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

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

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

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

20  accomplishing its provisions. The plan's compliance period

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

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

23  accepted by the court, whichever occurs sooner.

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

25  parent to substantially comply with the case plan may result

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

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

28  for termination of parental rights sooner than the compliance

29  period set forth in the case plan.

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

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


                                  55

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

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

 3  acknowledgement that the case plan has been developed by the

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

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

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

 7  accepting the case plan if the case plan is otherwise

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

 9  constitute an admission to any allegation of abuse,

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

11  finding of dependency or termination of parental rights.

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

13  provisions of the plan to all persons involved in its

14  implementation, including, when appropriate, the child.

15         (4)  The case plan must describe:

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

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

18  child, foster parents, or legal custodians;

19         (b)  The minimum number of face-to-face meetings to be

20  held each month between the parents and the department's

21  family services counselors to review the progress of the plan,

22  to eliminate barriers to progress, and to resolve conflicts or

23  disagreements; and

24         (c)  The parent's responsibility for financial support

25  of the child, including, but not limited to, health insurance

26  and child support.  The case plan must list the costs

27  associated with any services or treatment that the parent and

28  child are expected to receive which are the financial

29  responsibility of the parent. The determination of child

30  support and other financial support shall be made

31  


                                  56

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  independently of any determination of indigency under s.

 2  39.013.

 3         (5)  When the permanency goal for a child is adoption,

 4  the case plan must include documentation of the steps the

 5  agency is taking to find an adoptive family or other permanent

 6  living arrangement for the child. At a minimum, the

 7  documentation shall include recruitment efforts that are

 8  specific to the child, such as the use of state, regional, and

 9  national adoption exchanges, including electronic exchange

10  systems.

11         (6)  After the case plan has been developed, the

12  department shall adhere to the following procedural

13  requirements:

14         (a)  If the parent's substantial compliance with the

15  case plan requires the department to provide services to the

16  parents or the child and the parents agree to begin compliance

17  with the case plan before the case plan's acceptance by the

18  court, the department shall make the appropriate referrals for

19  services that will allow the parents to begin the agreed-upon

20  tasks and services immediately.

21         (b)  After the case plan has been agreed upon and

22  signed by the parties, a copy of the plan must be given

23  immediately to the parties, including the child if

24  appropriate, and to other persons as directed by the court.

25         1.  A case plan must be prepared, but need not be

26  submitted to the court, for a child who will be in care no

27  longer than 30 days unless that child is placed in out-of-home

28  care a second time within a 12-month period.

29         2.  In each case in which a child has been placed in

30  out-of-home care, a case plan must be prepared within 60 days

31  after the department removes the child from the home and shall


                                  57

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  be submitted to the court before the disposition hearing for

 2  the court to review and approve.

 3         3.  After jurisdiction attaches, all case plans must be

 4  filed with the court and a copy provided to all the parties

 5  whose whereabouts are known not less than 3 business days

 6  before the disposition hearing. The department shall file with

 7  the court, and provide copies to the parties, all case plans

 8  prepared before jurisdiction of the court attached.

 9         (7)  The case plan must be filed with the court and

10  copies provided to all parties, including the child if

11  appropriate, not less than 3 business days before the

12  disposition hearing.

13         (8)  The case plan must describe a process for making

14  available to all physical custodians and family services

15  counselors the information required by s. 39.6012(2) and for

16  ensuring that this information follows the child until

17  permanency has been achieved.

18         Section 16.  Section 39.6012, Florida Statutes, is

19  created to read:

20         39.6012  Case plan tasks; services.--

21         (1)  The services to be provided to the parent and the

22  tasks that must be completed are subject to the following:

23         (a)  The services described in the case plan must be

24  designed to improve the conditions in the home and aid in

25  maintaining the child in the home, facilitate the child's safe

26  return to the home, ensure proper care of the child, or

27  facilitate the child's permanent placement. The services

28  offered must be the least intrusive possible into the life of

29  the parent and child, must focus on clearly defined

30  objectives, and must provide the most efficient path to quick

31  


                                  58

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  reunification or permanent placement given the circumstances

 2  of the case and the child's need for safe and proper care.

 3         (b)  The case plan must describe each of the tasks with

 4  which the parent must comply and the services to be provided

 5  to the parent, specifically addressing the identified problem,

 6  including:

 7         1.  The type of services or treatment.

 8         2.  The date the department will provide each service

 9  or referral for the service if the service is being provided

10  by the department or its agent.

11         3.  The date by which the parent must complete each

12  task.

13         4.  The frequency of services or treatment provided.

14  The frequency of the delivery of services or treatment

15  provided shall be determined by the professionals providing

16  the services or treatment on a case-by-case basis and adjusted

17  according to their best professional judgment.

18         5.  The location of the delivery of the services.

19         6.  The staff of the department or service provider

20  accountable for the services or treatment.

21         7.  A description of the measurable objectives,

22  including the timeframes specified for achieving the

23  objectives of the case plan and addressing the identified

24  problem.

25         (2)  The case plan must include all available

26  information that is relevant to the child's care including, at

27  a minimum:

28         (a)  A description of the identified needs of the child

29  while in care.

30         (b)  A description of the plan for ensuring that the

31  child receives safe and proper care and that services are


                                  59

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  provided to the child in order to address the child's needs.

 2  To the extent available and accessible, the following health,

 3  mental health, and education information and records of the

 4  child must be attached to the case plan and updated throughout

 5  the judicial-review process:

 6         1.  The names and addresses of the child's health,

 7  mental health, and educational providers;

 8         2.  The child's grade-level performance;

 9         3.  The child's school record;

10         4.  Assurances that the child's placement takes into

11  account proximity to the school in which the child is enrolled

12  at the time of placement;

13         5.  A record of the child's immunizations;

14         6.  The child's known medical history, including any

15  known problems;

16         7.  The child's medications, if any; and

17         8.  Any other relevant health, mental health, and

18  education information concerning the child.

19         (3)  In addition to any other requirement, if the child

20  is in an out-of-home placement, the case plan must include:

21         (a)  A description of the type of placement in which

22  the child is to be living.

23         (b)  A description of the parent's visitation rights

24  and obligations and the plan for sibling visitation if the

25  child has siblings and is separated from them.

26         (c)  When appropriate, for a child who is 13 years of

27  age or older, a written description of the programs and

28  services that will help the child prepare for the transition

29  from foster care to independent living.

30         (d)  A discussion of the safety and the appropriateness

31  of the child's placement, which placement is intended to be


                                  60

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  safe, and the least restrictive and the most family-like

 2  setting available consistent with the best interest and

 3  special needs of the child and in as close proximity as

 4  possible to the child's home.

 5         Section 17.  Section 39.6013, Florida Statutes, is

 6  created to read:

 7         39.6013  Case plan amendments.--

 8         (1)  After the case plan has been developed under s.

 9  39.6011, the tasks and services agreed upon in the plan may

10  not be changed or altered in any way except as provided in

11  this section.

12         (2)  The case plan may be amended at any time in order

13  to change the goal of the plan, employ the use of concurrent

14  planning, add or remove tasks the parent must complete to

15  substantially comply with the plan, provide appropriate

16  services for the child, and update the child's health, mental

17  health, and education records required by s. 39.6012.

18         (3)  The case plan may be amended upon approval of the

19  court if all parties are in agreement regarding the amendments

20  to the plan and the amended plan is signed by all parties and

21  submitted to the court with a memorandum of explanation.

22         (4)  The case plan may be amended by the court or upon

23  motion of any party at any hearing to change the goal of the

24  plan, employ the use of concurrent planning, or add or remove

25  tasks the parent must complete in order to substantially

26  comply with the plan if there is a preponderance of evidence

27  demonstrating the need for the amendment. The need to amend

28  the case plan may be based on information discovered or

29  circumstances arising after the approval of the case plan for:

30         (a)  A previously unaddressed condition that, without

31  services, may prevent the child from safely returning to the


                                  61

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  home or may prevent the child from safely remaining in the

 2  home;

 3         (b)  The child's need for permanency, taking into

 4  consideration the child's age and developmental needs;

 5         (c)  The failure of a party to substantially comply

 6  with a task in the original case plan, including the

 7  ineffectiveness of a previously offered service; or

 8         (d)  An error or oversight in the case plan.

 9         (5)  The case plan may be amended by the court or upon

10  motion of any party at any hearing to provide appropriate

11  services to the child if there is competent evidence

12  demonstrating the need for the amendment. The reason for

13  amending the case plan may be based on information discovered

14  or circumstances arising after the approval of the case plan

15  regarding the provision of safe and proper care to the child.

16         (6)  The case plan is deemed amended as to the child's

17  health, mental health, and education records required by s.

18  39.6012 when the child's updated health and education records

19  are filed by the department under s. 39.701(7)(a).

20         (7)  Amendments must include service interventions that

21  are the least intrusive into the life of the parent and child,

22  must focus on clearly defined objectives, and must provide the

23  most efficient path to quick reunification or permanent

24  placement given the circumstances of the case and the child's

25  need for safe and proper care. A copy of the amended plan must

26  be immediately given to the persons identified in s.

27  39.601(1).

28         Section 18.  Subsections (1) and (2) of section 39.603,

29  Florida Statutes, are amended to read:

30         39.603  Court approvals of case planning.--

31  


                                  62

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         (1)  All case plans and amendments to case plans must

 2  be approved by the court. At the hearing on the case plan,

 3  which shall occur in conjunction with the disposition hearing

 4  unless otherwise directed by the court, the court shall

 5  determine:

 6         (a)  All parties who were notified and are in

 7  attendance at the hearing, either in person or through a legal

 8  representative. The court may appoint a guardian ad litem

 9  under Rule 1.210, Florida Rules of Civil Procedure, to

10  represent the interests of any parent, if the location of the

11  parent is known but the parent is not present at the hearing

12  and the development of the plan is based upon the physical,

13  emotional, or mental condition or physical location of the

14  parent.

15         (b)  If the plan is consistent with previous orders of

16  the court placing the child in care.

17         (c)  If the plan is consistent with the requirements

18  for the content of a plan as specified in this chapter.

19         (d)  In involuntary placements, whether each parent was

20  notified of the right to counsel at each stage of the

21  dependency proceedings, in accordance with the Florida Rules

22  of Juvenile Procedure.

23         (e)  Whether each parent whose location was known was

24  notified of the right to participate in the preparation of a

25  case plan and of the right to receive assistance from any

26  other person in the preparation of the case plan.

27         (f)  Whether the plan is meaningful and designed to

28  address facts and circumstances upon which the court based the

29  finding of dependency in involuntary placements or the plan is

30  meaningful and designed to address facts and circumstances

31  


                                  63

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  upon which the child was placed in out-of-home care

 2  voluntarily.

 3         (2)  When the court determines that any of the elements

 4  considered at the hearing related to the plan have not been

 5  met, the court shall require the parties to make necessary

 6  amendments to the plan under s. 39.6013. The amended plan must

 7  be submitted to the court for review and approval within 30

 8  days after the hearing. A copy of the amended plan must also

 9  be provided to each party, if the location of the party is

10  known, at least 3 business days 72 hours before prior to

11  filing with the court.

12         Section 19.  Section 39.621, Florida Statutes, is

13  amended to read:

14         39.621  Permanency determination by the court.--

15         (1)  Time is of the essence for permanency of children

16  in the dependency system. A permanency hearing must be held no

17  later than 12 months after the date the child was removed from

18  the home or no later than 30 days after a court determines

19  that reasonable efforts to return a child to either parent are

20  not required, whichever occurs first. The purpose of the

21  permanency hearing is to determine when the child will achieve

22  the permanency goal or whether modifying the current goal is

23  in the best interest of the child. A permanency hearing must

24  be held at least every 12 months for any child who continues

25  to receive supervision from the department or awaits adoption.

26  When the court has determined that reunification with either

27  parent is not appropriate, then the court must make a

28  permanency determination for the child.

29         (2)  The permanency goals available under this chapter,

30  listed in order of preference, are:

31         (a)  Reunification;


                                  64

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         (b)  Adoption, if a petition for termination of

 2  parental rights has been or will be filed;

 3         (c)  Permanent guardianship of a dependent child under

 4  s. 39.6221;

 5         (d)  Permanent placement with a fit and willing

 6  relative under s. 39.6231; or

 7         (e)  Placement in another planned permanent living

 8  arrangement under s. 39.6241.

 9         (3)(a)  At least 3 business days before the permanency

10  hearing, the department shall file its judicial review social

11  services report with the court and serve copies of the report

12  on all parties.  The report must include a recommended

13  permanency goal for the child, suggest changes to the case

14  plan, if needed, and describe why the recommended goal is in

15  the best interest of the child.

16         (b)  Before the permanency hearing, the department

17  shall advise the child and the individuals with whom the child

18  will be placed about the availability of more permanent and

19  legally secure placements and what type of financial

20  assistance is associated with each placement.

21         (4)  At the permanency hearing, the court shall

22  determine:

23         (a)  Whether the current permanency goal for the child

24  is appropriate or should be changed;

25         (b)  When the child will achieve one of the permanency

26  goals; and

27         (c)  Whether the department has made reasonable efforts

28  to finalize the permanency plan currently in effect.

29         (5)  The best interest of the child is the primary

30  consideration in determining the permanency goal for the

31  child.  The court must also consider:


                                  65

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         (a)  The reasonable preference of the child if the

 2  court has found the child to be of sufficient intelligence,

 3  understanding, and experience to express a preference; and

 4         (b)  Any recommendation of the guardian ad litem.

 5         (6)(2)  If a child will not be reunited with a parent,

 6  adoption, under pursuant to chapter 63, is the primary

 7  permanency option available to the court. If the child is

 8  placed with a relative or with a relative of the child's

 9  half-brother or half-sister as a permanency option, the court

10  may shall recognize the permanency of this placement without

11  requiring the relative to adopt the child.

12  

13  If the court approves a permanency goal of permanent

14  guardianship of a dependent child, placement with a fit and

15  willing relative, or another planned permanent living

16  arrangement, the court shall make findings as to why this

17  permanent placement is established without adoption of the

18  child to follow. If the court approves a permanency goal of

19  another planned permanent living arrangement, the court shall

20  document the compelling reasons for choosing this goal.

21         (7)  The findings of the court regarding reasonable

22  efforts to finalize the permanency plan must be explicitly

23  documented, made on a case-by-case basis, and stated in the

24  court order.

25         (8)  The case plan must list the tasks necessary to

26  finalize the permanency placement and shall be updated at the

27  permanency hearing if necessary. If a concurrent case plan is

28  in place, the court may choose between the permanency goal

29  options presented and shall approve the goal that is in the

30  child's best interest.

31  


                                  66

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         (9)  The permanency placement is intended to continue

 2  until the child reaches the age of majority and may not be

 3  disturbed absent a finding by the court that the circumstances

 4  of the permanency placement are no longer in the best interest

 5  of the child. If a parent who has not had his or her parental

 6  rights terminated makes a motion for reunification or

 7  increased contact with the child, the court shall hold a

 8  hearing to determine whether the dependency case should be

 9  reopened and whether there should be a modification of the

10  order. At the hearing, the parent must demonstrate that the

11  safety, well-being, and physical, mental, and emotional health

12  of the child is not endangered by the modification.

13         (10)  The court shall base its decision concerning any

14  motion by a parent for reunification or increased contact with

15  a child on the effect of the decision on the safety,

16  well-being, and physical and emotional health of the child.

17  Factors that must be considered and addressed in the findings

18  of fact of the order on the motion must include:

19         (a)  The compliance or noncompliance of the parent with

20  the case plan;

21         (b)  The circumstances which caused the child's

22  dependency and whether those circumstances have been resolved;

23         (c)  The stability and longevity of the child's

24  placement;

25         (d)  The preferences of the child, if the child is of

26  sufficient age and understanding to express a preference;

27         (e)  The recommendation of the current custodian; and

28         (f)  The recommendation of the guardian ad litem, if

29  one has been appointed.

30         (11)  Placement of a child in a permanent guardianship,

31  with a fit and willing relative, or in another planned


                                  67

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  permanent living arrangement does not terminate the

 2  parent-child relationship, including, but not limited to:

 3         (a)  The right of the child to inherit from his or her

 4  parents;

 5         (b)  The parents' right to consent to the child's

 6  adoption; or

 7         (c)  The parents' responsibility to provide financial,

 8  medical, and other support for the child as ordered by the

 9  court.

10         (3)  The permanency options listed in the following

11  paragraphs shall only be considered by the court if adoption

12  is determined by the court to not be in the child's best

13  interest, except as otherwise provided in subsection (2):

14         (a)  Guardianship pursuant to chapter 744.

15         (b)  Long-term custody.

16         (c)  Long-term licensed custody.

17         (d)  Independent living.

18  

19  The permanency placement is intended to continue until the

20  child reaches the age of majority and shall not be disturbed

21  absent a finding by the court that the circumstances of the

22  permanency placement are no longer in the best interest of the

23  child.

24         Section 20.  Section 39.6221, Florida Statutes, is

25  created to read:

26         39.6221  Permanent guardianship of a dependent child.--

27         (1)  If a court determines that reunification or

28  adoption is not in the best interest of the child, the court

29  may place the child in a permanent guardianship with a

30  relative or other adult approved by the court if all of the

31  following conditions are met:


                                  68

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         (a)  The child has been in the placement for not less

 2  than the preceding 6 months.

 3         (b)  The permanent guardian is suitable and able to

 4  provide a safe and permanent home for the child.

 5         (c)  The court determines that the child and the

 6  relative or other adult are not likely to need supervision or

 7  services of the department to ensure the stability of the

 8  permanent guardianship.

 9         (d)  The permanent guardian has made a commitment to

10  provide for the child until the child reaches the age of

11  majority and to prepare the child for adulthood and

12  independence.

13         (e)  The permanent guardian agrees to give notice of

14  any change in his or her residential address or the residence

15  of the child by filing a written document in the dependency

16  file of the child with the clerk of the court.

17         (2)  In its written order establishing a permanent

18  guardianship, the court shall:

19         (a)  List the circumstances or reasons why the child's

20  parents are not fit to care for the child and why

21  reunification is not possible by referring to specific

22  findings of fact made in its order adjudicating the child

23  dependent or by making separate findings of fact;

24         (b)  State the reasons why a permanent guardianship is

25  being established instead of 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  


                                  69

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 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 permanent guardian not return the

 4  child to the physical care and custody of the person from whom

 5  the child was removed without the approval of the court.

 6         (3)  The court shall give the permanent guardian a

 7  separate order establishing the authority of the permanent

 8  guardian to care for the child, reciting what powers and

 9  duties listed in paragraph (2)(g) belong to the permanent

10  guardian and providing any other information the court deems

11  proper which can be provided to persons who are not parties to

12  the proceeding as necessary, notwithstanding the

13  confidentiality provisions of s. 39.202.

14         (4)  A permanent guardianship of a dependent child

15  established under this chapter is not a plenary guardianship

16  and is not subject to the requirements of chapter 744.

17         (5)  The court shall retain jurisdiction over the case

18  and the child shall remain in the custody of the permanent

19  guardian unless the order creating the permanent guardianship

20  is modified by the court. The court shall discontinue regular

21  review hearings and relieve the department of the

22  responsibility for supervising the placement of the child. Not

23  withstanding the retention of jurisdiction, the placement

24  shall be considered permanency for the child.

25         (6)  Placement of a child in a permanent guardianship

26  does not terminate the parent-child relationship, including:

27         (a)  The right of the child to inherit from his or her

28  parents;

29         (b)  The parents' right to consent to the child's

30  adoption; and

31  


                                  70

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         (c)  The parents' responsibility to provide financial,

 2  medical, and other support for the child as ordered by the

 3  court.

 4         Section 21.  Section 39.6231, Florida Statutes, is

 5  created to read:

 6         39.6231  Permanent placement with a fit and willing

 7  relative.--

 8         (1)  If a court finds that reunification or adoption

 9  are not in the best interests of a child, the court may place

10  the child with a fit and willing relative as a permanency

11  option if:

12         (a)  The child has been in the placement for at least

13  the preceding 6 months;

14         (b)  The relative has made a commitment to provide for

15  the child until the child reaches the age of majority and to

16  prepare the child for adulthood and independence;

17         (c)  The relative is suitable and able to provide a

18  safe and permanent home for the child; and

19         (d)  The relative agrees to give notice of any change

20  in his or her residence or the residence of the child by

21  filing a written document with the clerk of court.

22         (2)  The department and the guardian ad litem shall

23  provide the court with a recommended list and description of

24  services needed by the child and the family in order to ensure

25  the permanency of the placement.

26         (3)  In its written order placing the child with a fit

27  and willing relative, the court shall:

28         (a)  List the circumstances or reasons why

29  reunification is not possible by referring to specific

30  findings of fact made in its order adjudicating the child

31  dependent or by making separate findings of fact;


                                  71

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         (b)  State the reasons why permanent placement with a

 2  fit and willing relative is being established instead of

 3  adoption;

 4         (c)  Specify the frequency and nature of visitation or

 5  contact between the child and his or her parents;

 6         (d)  Specify the frequency and nature of visitation or

 7  contact between the child and his or her grandparents, under

 8  s. 39.509;

 9         (e)  Specify the frequency and nature of visitation or

10  contact between the child and his or her siblings; and

11         (f)  Require that the relative not return the child to

12  the physical care and custody of the person from whom the

13  child was removed without the approval of the court.

14         (4)  The court shall give the relative a separate order

15  establishing his or her authority to care for the child and

16  providing other information the court deems proper which can

17  be provided to entities and individuals who are not parties to

18  the proceeding as necessary, notwithstanding the

19  confidentiality of s. 39.202.

20         (5)  The department shall continue to supervise the

21  placement with the relative until further court order. The

22  court shall continue to review the placement at least once

23  every 6 months.

24         (6)  Each party to the proceeding must be advised by

25  the department and the court that placement with a fit and

26  willing relative does not preclude the possibility of the

27  child returning to the custody of the parent.

28         (7)  The court shall continue to conduct permanency

29  hearings in order to reevaluate the possibility of adoption or

30  permanent guardianship of the child.

31  


                                  72

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         Section 22.  Section 39.6241, Florida Statutes, is

 2  created to read:

 3         39.6241  Another planned permanent living

 4  arrangement.--

 5         (1)  If a court finds that reunification is not in the

 6  best interests of a child, the court may approve placement of

 7  the child in another planned permanent living arrangement if:

 8         (a)  The court finds a more permanent placement, such

 9  as adoption, permanent guardianship, or placement with a fit

10  and willing relative, is not in the best interests of the

11  child;

12         (b)  The department documents reasons why the placement

13  will endure and how the proposed arrangement will be more

14  stable and secure than ordinary foster care;

15         (c)  The court finds that the health, safety, and

16  well-being of the child will not be jeopardized by such an

17  arrangement; and

18         (d)  There are compelling reasons to show that

19  placement in another planned permanent living arrangement is

20  the most appropriate permanency goal. Compelling reasons for

21  such placement may include, but are not limited to:

22         1.  The case of a parent and child who have a

23  significant bond but the parent is unable to care for the

24  child because of an emotional or physical disability, and the

25  child's foster parents have committed to raising him or her to

26  the age of majority and to facilitate visitation with the

27  disabled parent;

28         2.  The case of a child for whom an Indian tribe has

29  identified another planned permanent living arrangement for

30  the child; or

31  


                                  73

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         3.  The case of a foster child who is 16 years of age

 2  or older who chooses to remain in foster care, and the child's

 3  foster parents are willing to care for the child until the

 4  child reaches 18 years of age.

 5         (2)  The department and the guardian ad litem must

 6  provide the court with a recommended list and description of

 7  services needed by the child, such as independent living

 8  services and medical, dental, educational, or psychological

 9  referrals, and a recommended list and description of services

10  needed by his or her caregiver.

11         (3)  The department shall continue to supervise the

12  planned permanent living arrangement until the court orders

13  otherwise. The court shall continue to review the placement at

14  least once every 6 months.

15         Section 23.  Paragraph (a) of subsection (7), paragraph

16  (g) of subsection (8), and subsection (9) of section 39.701,

17  Florida Statutes, are amended, and paragraph (k) is added to

18  subsection (8) of that section, to read:

19         39.701  Judicial review.--

20         (7)(a)  Before Prior to every judicial review hearing

21  or citizen review panel hearing, the social service agency

22  shall make an investigation and social study concerning all

23  pertinent details relating to the child and shall furnish to

24  the court or citizen review panel a written report that

25  includes, but is not limited to:

26         1.  A description of the type of placement the child is

27  in at the time of the hearing, including the safety of the

28  child and the continuing necessity for and appropriateness of

29  the placement.

30  

31  


                                  74

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         2.  Documentation of the diligent efforts made by all

 2  parties to the case plan to comply with each applicable

 3  provision of the plan.

 4         3.  The amount of fees assessed and collected during

 5  the period of time being reported.

 6         4.  The services provided to the foster family or legal

 7  custodian in an effort to address the needs of the child as

 8  indicated in the case plan.

 9         5.  A statement that either:

10         a.  The parent, though able to do so, did not comply

11  substantially with the provisions of the case plan, and the

12  agency recommendations;

13         b.  The parent did substantially comply with the

14  provisions of the case plan; or

15         c.  The parent has partially complied with the

16  provisions of the case plan, with a summary of additional

17  progress needed and the agency recommendations.

18         6.  A statement from the foster parent or legal

19  custodian providing any material evidence concerning the

20  return of the child to the parent or parents.

21         7.  A statement concerning the frequency, duration, and

22  results of the parent-child visitation, if any, and the agency

23  recommendations for an expansion or restriction of future

24  visitation.

25         8.  The number of times a child has been removed from

26  his or her home and placed elsewhere, the number and types of

27  placements that have occurred, and the reason for the changes

28  in placement.

29         9.  The number of times a child's educational placement

30  has been changed, the number and types of educational

31  


                                  75

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  placements which have occurred, and the reason for any change

 2  in placement.

 3         10.  If the child has reached 13 years of age but is

 4  not yet 18 years of age, the results of the preindependent

 5  living, life skills, or independent living assessment; the

 6  specific services needed; and the status of the delivery of

 7  the identified services.

 8         11.  Copies of all medical, psychological, and

 9  educational records that support the terms of the case plan

10  and that have been produced concerning the child, parents, or

11  any caregiver since the last judicial review hearing.

12         12.  Copies of the child's current health, mental

13  health, and education records as identified in s. 39.6012.

14         (8)  The court and any citizen review panel shall take

15  into consideration the information contained in the social

16  services study and investigation and all medical,

17  psychological, and educational records that support the terms

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

19  parent, the foster parent or legal custodian, the guardian ad

20  litem if one has been appointed for the child, and any other

21  person deemed appropriate; and any relevant and material

22  evidence submitted to the court, including written and oral

23  reports to the extent of their probative value. These reports

24  and evidence may be received by the court in its effort to

25  determine the action to be taken with regard to the child and

26  may be relied upon to the extent of their probative value,

27  even though not competent in an adjudicatory hearing. In its

28  deliberations, the court and any citizen review panel shall

29  seek to determine:

30         (g)  Whether the child is receiving safe and proper

31  care according to s. 39.6012, including, but not limited to,


                                  76

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  the appropriateness of the child's current placement,

 2  including whether the child is in a setting that which is as

 3  family-like and as close to the parent's home as possible,

 4  consistent with the child's best interests and special needs,

 5  and including maintaining stability in the child's educational

 6  placement.

 7         (k)  If amendments to the case plan are required.

 8  Amendments to the case plan must be made under s. 39.6013.

 9         (9)(a)  Based upon the criteria set forth in subsection

10  (8) and the recommended order of the citizen review panel, if

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

12  service agency shall initiate proceedings to have a child

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

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

15  of time, or initiate termination of parental rights

16  proceedings for subsequent placement in an adoptive home.

17  Amendments Modifications to the case plan must be prepared

18  handled as prescribed in s. 39.6013 s. 39.601. If the court

19  finds that the prevention or reunification efforts of the

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

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

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

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

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

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

26  not be endangered.

27         (b)  The court shall return the child to the custody of

28  the parents at any time it determines that they have

29  substantially complied with the case plan, if the court is

30  satisfied that reunification will not be detrimental to the

31  


                                  77

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  child's safety, well-being, and physical, mental, and

 2  emotional health.

 3         (c)  If, in the opinion of the court, the social

 4  service agency has not complied with its obligations as

 5  specified in the written case plan, the court may find the

 6  social service agency in contempt, shall order the social

 7  service agency to submit its plans for compliance with the

 8  agreement, and shall require the social service agency to show

 9  why the child could not safely be returned to the home of the

10  parents.

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

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

13  information provided by the social service agency, and the

14  guardian ad litem, if one has been appointed, the parent or

15  parents, and the foster parents or legal custodian, and any

16  other competent information on record demonstrating the need

17  for the amendment. If the court extends the time limitation of

18  the case plan, the court must make specific findings

19  concerning the frequency of past parent-child visitation, if

20  any, and the court may authorize the expansion or restriction

21  of future visitation. Modifications to the plan must be

22  handled as prescribed in s. 39.601. Any extension of a case

23  plan must comply with the time requirements and other

24  requirements specified by this chapter.

25         (d)(e)  If, at any judicial review, the court finds

26  that the parents have failed to substantially comply with the

27  case plan to the degree that further reunification efforts are

28  without merit and not in the best interest of the child, on

29  its own motion, the court it may order authorize the filing of

30  a petition for termination of parental rights, whether or not

31  


                                  78

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  the time period as contained in the case plan for substantial

 2  compliance has expired elapsed.

 3         (e)(f)  No later than 6 12 months after the date that

 4  the child was placed in shelter care, the court shall conduct

 5  a judicial review hearing to review plan for the child's

 6  permanency goal as identified in the case plan. At the hearing

 7  the court shall make findings regarding the likelihood of the

 8  child's reunification with the parent or legal custodian

 9  within 12 months after the removal of the child from the home.

10  If, at this hearing, the court makes a written finding that it

11  is not likely that the child will be reunified with the parent

12  or legal custodian within 12 months after the child was

13  removed from the home, the department must file with the

14  court, and serve on all parties, a motion to amend the case

15  plan under s. 39.6013 and declare that it will use concurrent

16  planning for the case plan. The department must file the

17  motion no later than 10 business days after receiving the

18  written finding of the court. The department must attach the

19  proposed amended case plan to the motion. If concurrent

20  planning is already being used, the case plan must document

21  the efforts the department is taking to complete the

22  concurrent goal. At this hearing, if the child is not returned

23  to the physical custody of the parents, the case plan may be

24  extended with the same goals only if the court finds that the

25  situation of the child is so extraordinary that the plan

26  should be extended. The case plan must document steps the

27  department is taking to find an adoptive parent or other

28  permanent living arrangement for the child.

29         (f)(g)  The court may issue a protective order in

30  assistance, or as a condition, of any other order made under

31  this part. In addition to the requirements included in the


                                  79

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  case plan, the protective order may set forth requirements

 2  relating to reasonable conditions of behavior to be observed

 3  for a specified period of time by a person or agency who is

 4  before the court; and the such order may require any such

 5  person or agency to make periodic reports to the court

 6  containing such information as the court in its discretion may

 7  prescribe.

 8         Section 24.  Section 39.8055, Florida Statutes, is

 9  created to read:

10         39.8055  Requirement to file a petition to terminate

11  parental rights; exceptions.--

12         (1)  The department shall file a petition to terminate

13  parental rights within 60 days after any of the following if:

14         (a)  At the time of the 12-month judicial review

15  hearing, a child is not returned to the physical custody of

16  the parents;

17         (b)  A petition for termination of parental rights has

18  not otherwise been filed, and the child has been in

19  out-of-home care under the responsibility of the state for 15

20  of the most recent 22 months, calculated on a cumulative

21  basis, but not including any trial home visits or time during

22  which the child was a runaway;

23         (c)  A parent has been convicted of murder of the other

24  parent, manslaughter of the other parent, aiding or abetting

25  or conspiracy or solicitation to murder the other parent, or a

26  felony battery that resulted in serious bodily injury to the

27  child or to any other child of the parent; or

28         (d)  A court determines that reasonable efforts to

29  reunify the child and parent are not required.

30  

31  


                                  80

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         (2)  Notwithstanding subsection (1), the department may

 2  choose not to file or join in a petition to terminate the

 3  parental rights of a parent if:

 4         (a)  The child is being cared for by a relative under

 5  s. 39.6231; or

 6         (b)  The department has documented in the report to the

 7  court a compelling reason for determining that filing such a

 8  petition is not in the best interests of the child. Compelling

 9  reasons for not filing or joining a petition to terminate

10  parental rights may include, but are not limited to:

11         1.  Adoption is not the appropriate permanency goal for

12  the child.

13         2.  No grounds to file a petition to terminate parental

14  rights exist.

15         3.  The child is an unaccompanied refugee minor as

16  defined in 45 C.F.R. 400.111.

17         4.  There are international legal obligations or

18  compelling foreign-policy reasons that would preclude

19  terminating parental rights.

20         5.  The department has not provided to the family,

21  consistent with the time period in the case plan, services

22  that the department deems necessary for the safe return of the

23  child to the home.

24         (3)  Upon good cause shown by any party or on its own

25  motion, the court may review the decision by the department

26  that compelling reasons exist for not filing or joining a

27  petition for termination of parental rights.

28         (4)  Upon good cause shown by any party or on its own

29  motion, the court may review the determination by the

30  department that compelling reasons exist for not filing a

31  petition for termination of parental rights.


                                  81

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         Section 25.  Subsections (1) and (2) of section 39.806,

 2  Florida Statutes, are amended to read:

 3         39.806  Grounds for termination of parental rights.--

 4         (1)  The department, the guardian ad litem, or any

 5  person who has knowledge of the facts alleged or who is

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

 7  petition Grounds for the termination of parental rights may be

 8  established under any of the following circumstances:

 9         (a)  When the parent or parents have voluntarily

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

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

12  department for subsequent adoption and the department is

13  willing to accept custody of the child.

14         1.  The surrender document must be executed before two

15  witnesses and a notary public or other person authorized to

16  take acknowledgments.

17         2.  The surrender and consent may be withdrawn after

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

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

20  duress.

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

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

23  cannot be ascertained by diligent search within 60 days.

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

25  toward the child or toward other children that demonstrates

26  that the continuing involvement of the parent or parents in

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

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

29  child irrespective of the provision of services. Provision of

30  services may be evidenced by proof that services were provided

31  


                                  82

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2  welfare agency.

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

 4  state or federal correctional institution and either:

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

 6  to be incarcerated will constitute a substantial portion of

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

 8  years;

 9         2.  The incarcerated parent has been determined by the

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

11  775.084, a habitual violent felony offender as defined in s.

12  775.084, or a sexual predator as defined in s. 775.21; has

13  been convicted of first degree or second degree murder in

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

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

16  or has been convicted of an offense in another jurisdiction

17  which is substantially similar to one of the offenses listed

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

19  "substantially similar offense" means any offense that is

20  substantially similar in elements and penalties to one of

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

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

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

24  possession or territory thereof, or any foreign jurisdiction;

25  or

26         3.  The court determines by clear and convincing

27  evidence that continuing the parental relationship with the

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

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

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

31  


                                  83

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2  also be filed When a child has been adjudicated dependent, a

 3  case plan has been filed with the court, and:

 4         1.  The child continues to be abused, neglected, or

 5  abandoned by the parents. In this case, the failure of the

 6  parents to substantially comply for a period of 12 months

 7  after an adjudication of the child as a dependent child or the

 8  child's placement into shelter care, whichever came first,

 9  constitutes evidence of continuing abuse, neglect, or

10  abandonment unless the failure to substantially comply with

11  the case plan was due either to the lack of financial

12  resources of the parents or to the failure of the department

13  to make reasonable efforts to reunify the parent and child.

14  The Such 12-month period begins may begin to run only after

15  the child's placement into shelter care or the entry of a

16  disposition order placing the custody of the child with the

17  department or a person other than the parent and the approval

18  by the court of a case plan with a goal of reunification with

19  the parent, whichever came first; or.

20         2.  The parent has materially breached the case plan by

21  making it unlikely that he or she will be able to

22  substantially comply with the case plan before the time for

23  compliance expires. Time is of the essence for permanency of

24  children in the dependency system. In order to prove the

25  parent has materially breached the case plan, the court must

26  find by clear and convincing evidence that the parent is

27  unlikely or unable to substantially comply with the case plan

28  before time expires to comply with the case plan.

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

30  conduct or had the opportunity and capability to prevent and

31  knowingly failed to prevent egregious conduct that threatens


                                  84

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

 2  the child or the child's sibling.

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

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

 5  parent or parents regardless of whether the child is related

 6  legally or by consanguinity.

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

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

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

10  or outrageous by a normal standard of conduct. Egregious

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

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

13  endanger the life of the child.

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

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

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

17  chronic abuse.

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

19  or voluntary manslaughter of another child, or a felony

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

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

22  solicited to commit such a murder or voluntary manslaughter or

23  felony assault.

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

25  sibling have been terminated involuntarily.

26         (2)  Reasonable efforts to preserve and reunify

27  families are shall not be required if a court of competent

28  jurisdiction has determined that any of the events described

29  in paragraphs (1)(e)-(i) have occurred.

30         Section 26.  Subsection (1) of section 39.810, Florida

31  Statutes, is amended to read:


                                  85

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



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

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

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

 4  This consideration shall not include a comparison between the

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

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

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

 8  court shall consider and evaluate all relevant factors,

 9  including, but not limited to:

10         (1)  Any suitable permanent custody arrangement with a

11  relative of the child. However, the availability of a

12  nonadoptive placement with a relative may not receive greater

13  consideration than any other factor weighing on the manifest

14  best interest of the child and may not be considered as a

15  factor weighing against termination of parental rights. If a

16  child has been in a stable or preadoptive placement for not

17  less than 6 months, the availability of a different placement,

18  including a placement with a relative, may not be considered

19  as a ground to deny the termination of parental rights.

20         Section 27.  Subsection (4) of section 39.811, Florida

21  Statutes, is amended to read:

22         39.811  Powers of disposition; order of disposition.--

23         (4)  If the child is neither in the custody of the

24  department nor in the custody of a parent and the court finds

25  that the grounds for termination of parental rights have been

26  established for either or both parents, the court shall enter

27  an order terminating parental rights for the parent or parents

28  for whom the grounds for termination have been established and

29  placing the child with the department or an appropriate legal

30  custodian. If the parental rights of both parents have been

31  terminated, or if the parental rights of only one parent have


                                  86

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  been terminated and the court makes specific findings based on

 2  evidence presented that placement with the remaining parent is

 3  likely to be harmful to the child, the court may order that

 4  the child be placed with a legal custodian other than the

 5  department after hearing evidence of the suitability of the

 6  such intended placement. Suitability of the intended placement

 7  includes the fitness and capabilities of the proposed legal

 8  custodian to function as the primary caregiver for a

 9  particular child; and the compatibility of the child with the

10  home in which the child is intended to be placed.  If the

11  court orders that a child be placed with a legal custodian

12  under this subsection, the court shall appoint a such legal

13  custodian either as the guardian for the child as provided in

14  s. 744.3021 or s. 39.621 or as the long-term custodian of the

15  child as provided in s. 39.622 so long as the child has been

16  residing with the legal custodian for a minimum of 6 months.

17  The court may modify the order placing the child in the

18  custody of the legal custodian and revoke the guardianship

19  established under s. 744.3021 or another the long-term

20  custodial relationship if the court subsequently finds the

21  placement to be no longer in the best interest of the child.

22         Section 28.  Paragraph (b) of subsection (3) of section

23  39.0015, Florida Statutes, is amended to read:

24         39.0015  Child abuse prevention training in the

25  district school system.--

26         (3)  DEFINITIONS.--As used in this section:

27         (b)  "Child abuse" means those acts as defined in ss.

28  39.01(1), (2), (32), (42), (44), (55) (30), (43), (45), (52),

29  and (62) (63), 827.04, and 984.03(1), (2), and (37).

30         Section 29.  Subsection (5) of section 39.205, Florida

31  Statutes, is amended to read:


                                  87

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         39.205  Penalties relating to reporting of child abuse,

 2  abandonment, or neglect.--

 3         (5)  If the department or its authorized agent has

 4  determined after its investigation that a report is false, the

 5  department shall, with the consent of the alleged perpetrator,

 6  refer the report to the local law enforcement agency having

 7  jurisdiction for an investigation to determine whether

 8  sufficient evidence exists to refer the case for prosecution

 9  for filing a false report as defined in s. 39.01(28) s.

10  39.01(27). During the pendency of the investigation by the

11  local law enforcement agency, the department must notify the

12  local law enforcement agency of, and the local law enforcement

13  agency must respond to, all subsequent reports concerning

14  children in that same family in accordance with s. 39.301.  If

15  the law enforcement agency believes that there are indicators

16  of abuse, abandonment, or neglect, it must immediately notify

17  the department, which must assure the safety of the children.

18  If the law enforcement agency finds sufficient evidence for

19  prosecution for filing a false report, it must refer the case

20  to the appropriate state attorney for prosecution.

21         Section 30.  Subsection (1) of section 39.302, Florida

22  Statutes, is amended to read:

23         39.302  Protective investigations of institutional

24  child abuse, abandonment, or neglect.--

25         (1)  The department shall conduct a child protective

26  investigation of each report of institutional child abuse,

27  abandonment, or neglect.  Upon receipt of a report that

28  alleges that an employee or agent of the department, or any

29  other entity or person covered by s. 39.01(33) or (46) s.

30  39.01(31) or (47), acting in an official capacity, has

31  committed an act of child abuse, abandonment, or neglect, the


                                  88

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  department shall initiate a child protective investigation

 2  within the timeframe established by the central abuse hotline

 3  under pursuant to s. 39.201(5) and orally notify the

 4  appropriate state attorney, law enforcement agency, and

 5  licensing agency. These agencies shall immediately conduct a

 6  joint investigation, unless independent investigations are

 7  more feasible. When conducting investigations onsite or having

 8  face-to-face interviews with the child, such investigation

 9  visits shall be unannounced unless it is determined by the

10  department or its agent that the such unannounced visits would

11  threaten the safety of the child.  When a facility is exempt

12  from licensing, the department shall inform the owner or

13  operator of the facility of the report.  Each agency

14  conducting a joint investigation is shall be entitled to full

15  access to the information gathered by the department in the

16  course of the investigation. A protective investigation must

17  include an onsite visit of the child's place of residence. In

18  all cases, the department shall make a full written report to

19  the state attorney within 3 working days after making the oral

20  report. A criminal investigation shall be coordinated,

21  whenever possible, with the child protective investigation of

22  the department. Any interested person who has information

23  regarding the offenses described in this subsection may

24  forward a statement to the state attorney as to whether

25  prosecution is warranted and appropriate. Within 15 days after

26  the completion of the investigation, the state attorney shall

27  report the findings to the department and shall include in the

28  such report a determination of whether or not prosecution is

29  justified and appropriate in view of the circumstances of the

30  specific case.

31  


                                  89

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         Section 31.  For the purpose of incorporating the

 2  amendments made by this act to section 39.806, Florida

 3  Statutes, in a reference thereto, subsection (5) of section

 4  39.802, Florida Statutes, is reenacted to read:

 5         39.802  Petition for termination of parental rights;

 6  filing; elements.--

 7         (5)  When a petition for termination of parental rights

 8  is filed under s. 39.806(1), a separate petition for

 9  dependency need not be filed and the department need not offer

10  the parents a case plan with a goal of reunification, but may

11  instead file with the court a case plan with a goal of

12  termination of parental rights to allow continuation of

13  services until the termination is granted or until further

14  orders of the court are issued.

15         Section 32.  Subsection (1) of section 39.828, Florida

16  Statutes, is amended to read:

17         39.828  Grounds for appointment of a guardian

18  advocate.--

19         (1)  The court shall appoint the person named in the

20  petition as a guardian advocate with all the powers and duties

21  specified in s. 39.829 for an initial term of 1 year upon a

22  finding that:

23         (a)  The child named in the petition is or was a drug

24  dependent newborn as described in s. 39.01(32)(g) s.

25  39.01(30)(g);

26         (b)  The parent or parents of the child have

27  voluntarily relinquished temporary custody of the child to a

28  relative or other responsible adult;

29         (c)  The person named in the petition to be appointed

30  the guardian advocate is capable of carrying out the duties as

31  provided in s. 39.829; and


                                  90

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         (d)  A petition to adjudicate the child dependent under

 2  pursuant to this chapter has not been filed.

 3         Section 33.  Subsection (3) of section 63.092, Florida

 4  Statutes, is amended to read:

 5         63.092  Report to the court of intended placement by an

 6  adoption entity; at-risk placement; preliminary study.--

 7         (3)  PRELIMINARY HOME STUDY.--Before placing the minor

 8  in the intended adoptive home, a preliminary home study must

 9  be performed by a licensed child-placing agency, a

10  child-caring agency registered under s. 409.176, a licensed

11  professional, or agency described in s. 61.20(2), unless the

12  adoptee is an adult or the petitioner is a stepparent or a

13  relative. If the adoptee is an adult or the petitioner is a

14  stepparent or a relative, a preliminary home study may be

15  required by the court for good cause shown. The department is

16  required to perform the preliminary home study only if there

17  is no licensed child-placing agency, child-caring agency

18  registered under s. 409.176, licensed professional, or agency

19  described in s. 61.20(2), in the county where the prospective

20  adoptive parents reside. The preliminary home study must be

21  made to determine the suitability of the intended adoptive

22  parents and may be completed prior to identification of a

23  prospective adoptive minor. A favorable preliminary home study

24  is valid for 1 year after the date of its completion. Upon its

25  completion, a copy of the home study must be provided to the

26  intended adoptive parents who were the subject of the home

27  study. A minor may not be placed in an intended adoptive home

28  before a favorable preliminary home study is completed unless

29  the adoptive home is also a licensed foster home under s.

30  409.175. The preliminary home study must include, at a

31  minimum:


                                  91

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1         (a)  An interview with the intended adoptive parents;

 2         (b)  Records checks of the department's central abuse

 3  registry and criminal records correspondence checks under s.

 4  39.0138 pursuant to s. 435.045 through the Department of Law

 5  Enforcement on the intended adoptive parents;

 6         (c)  An assessment of the physical environment of the

 7  home;

 8         (d)  A determination of the financial security of the

 9  intended adoptive parents;

10         (e)  Documentation of counseling and education of the

11  intended adoptive parents on adoptive parenting;

12         (f)  Documentation that information on adoption and the

13  adoption process has been provided to the intended adoptive

14  parents;

15         (g)  Documentation that information on support services

16  available in the community has been provided to the intended

17  adoptive parents; and

18         (h)  A copy of each signed acknowledgment of receipt of

19  disclosure required by s. 63.085.

20  

21  If the preliminary home study is favorable, a minor may be

22  placed in the home pending entry of the judgment of adoption.

23  A minor may not be placed in the home if the preliminary home

24  study is unfavorable. If the preliminary home study is

25  unfavorable, the adoption entity may, within 20 days after

26  receipt of a copy of the written recommendation, petition the

27  court to determine the suitability of the intended adoptive

28  home. A determination as to suitability under this subsection

29  does not act as a presumption of suitability at the final

30  hearing. In determining the suitability of the intended

31  adoptive home, the court must consider the totality of the


                                  92

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature          CS for CS for SB 1080, 1st Engrossed



 1  circumstances in the home. No minor may be placed in a home in

 2  which there resides any person determined by the court to be a

 3  sexual predator as defined in s. 775.21 or to have been

 4  convicted of an offense listed in s. 63.089(4)(b)2.

 5         Section 34.  Paragraph (d) of subsection (1) of section

 6  419.001, Florida Statutes, is amended to read:

 7         419.001  Site selection of community residential

 8  homes.--

 9         (1)  For the purposes of this section, the following

10  definitions shall apply:

11         (d)  "Resident" means any of the following: a frail

12  elder as defined in s. 400.618; a physically disabled or

13  handicapped person as defined in s. 760.22(7)(a); a

14  developmentally disabled person as defined in s. 393.063; a

15  nondangerous mentally ill person as defined in s. 394.455(18);

16  or a child who is found to be dependent or a child in need of

17  services as defined in s. 39.01(14), s. 984.03(9) or (12), or

18  s. 985.03(8).

19         Section 35.  Sections 39.601, 39.622, 39.623, 39.624,

20  39.703, and 435.045, Florida Statutes, are repealed.

21         Section 36.  This act shall take effect July 1, 2006.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  93

CODING: Words stricken are deletions; words underlined are additions.