Senate Bill sb7056pb

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7056

    FOR CONSIDERATION By the Committee on Children and Families





    586-692D-06

  1                      A bill to be entitled

  2         An act relating to child protective services;

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

  4         relating to child protective services; amending

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

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

  7         providing for time limitations in child

  8         protective cases; providing exceptions;

  9         creating s. 39.0137; providing that state laws

10         do not supersede certain federal laws;

11         requiring the Department of Children and Family

12         Services to adopt rules; creating s. 39.0138,

13         F.S.; authorizing the department to conduct

14         criminal background record checks of persons

15         being considered as prospective foster parents;

16         providing for exemptions from disqualifications

17         to care for a dependent child; amending s.

18         39.301, F.S.; providing that the department may

19         rely upon a previous report to indicate that

20         child abuse has occurred; amending s. 39.402,

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

22         contain specified information relating to the

23         availability of services to prevent removal

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

25         requiring the court to inquire of the parents

26         whether the parents have relatives who might be

27         considered as a placement for the child;

28         directs the court to advise the parents that,

29         if the child is not returned to their custody

30         within 12 months, their parental rights may be

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

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7056
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 1         conforming provisions to changes made by the

 2         act; correcting cross-references; amending s.

 3         39.522, F.S.; requiring the court to consider

 4         the continuity of the child's placement in the

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

 6         determining the best interests of the child in

 7         a postdisposition proceeding to modify custody;

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

 9         for drafting and implementing a case plan;

10         requiring the department to prepare a case plan

11         for each child receiving services from the

12         department; requiring certain face-to-face

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

14         for case plan tasks and services; providing the

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

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

17         describing the circumstance under which a case

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

19         conforming provisions to changes made by the

20         act; amending s. 39.621, F.S.; declaring that

21         time is of the essence for a child in the

22         dependency system; providing for permanency

23         hearings; directing the court to make certain

24         findings at the permanency hearing; creating s.

25         39.6221, F.S.; providing for the permanent

26         guardianship for a dependent child; authorizing

27         the court to consider a permanent guardian as a

28         long-term option for a dependent child;

29         requiring a written order; providing for the

30         contents of the permanent guardianship order;

31         authorizing a parent to petition to modify the

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7056
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 1         permanent guardianship order; creating s.

 2         39.6231, F.S.; providing for placement with a

 3         fit and willing relative; requiring the court

 4         to specify the reasons to place a child with a

 5         relative; providing for the department to

 6         supervise the placement for a specified time

 7         period; creating s. 39.6241, F.S.; authorizing

 8         the court to place a child in another planned

 9         permanent living arrangement under certain

10         circumstances; amending s. 39.701, F.S.;

11         requiring that a child's current health and

12         education records be included in the

13         documentation for the judicial review report;

14         requiring the court to conduct a judicial

15         review 6 months after the child was placed in

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

17         providing when the department may file a

18         petition for termination of parental rights;

19         prohibiting the department from filing a

20         petition under certain specified circumstances;

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

22         material breach of the case plan as a ground to

23         terminate parental rights; requiring that the

24         department show, and the court find, the

25         material breach by clear and convincing

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

27         certain factors for the court to consider for

28         the best interest of the child; amending s.

29         39.811, F.S.; conforming provisions to changes

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

31         39.302, 39.828, 63.092, and 419.001, F.S.;

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7056
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 1         correcting cross-references; reenacting s.

 2         39.802(5), F.S., relating to the filing of a

 3         petition to terminate parental rights, to

 4         incorporate the amendments made to s. 39.806,

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

 6         39.601, 39.622, 39.623, 39.624, and 435.045,

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

 8         long-term custody of a dependent child,

 9         long-term licensed custody of a dependent

10         child, independent living, and background

11         screening of certain persons before a dependent

12         child is placed in their home; providing an

13         effective date.

14  

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

16  

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

18  to read:

19         39.01  Definitions.--When used in this chapter, unless

20  the context otherwise requires:

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

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

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

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

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

26  which situation is sufficient to evince a willful rejection of

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

28  legal custodian, or caregiver primarily responsible for the

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

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

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

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7056
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 1  the court may declare the child to be abandoned. The term

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

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

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

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

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

 7  support a finding of abandonment.

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

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

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

11  mental, or emotional health to be significantly impaired.

12  Abuse of a child includes acts or omissions. Corporal

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

14  disciplinary purposes does not in itself constitute abuse when

15  it does not result in harm to the child.

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

17  abuse service provider as defined in chapter 397.

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

19  court to determine whether or not the facts support the

20  allegations stated in the petition in dependency cases or in

21  termination of parental rights cases.

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

23  child.

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

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

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

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

28  the rights and privileges and subject to all the obligations

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

30  wedlock.

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

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7056
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 1         (a)  A child 12 years of age or younger who is alleged

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

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

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

 5  violation of law or delinquent act involving juvenile sexual

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

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

 8  coercion.  For purposes of this paragraph, the following

 9  definitions apply:

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

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

12  cooperation or compliance.

13         2.  "Equality" means two participants operating with

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

15  controlled nor coerced by the other.

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

17  following:

18         a.  Understanding what is proposed based on age,

19  maturity, developmental level, functioning, and experience.

20         b.  Knowledge of societal standards for what is being

21  proposed.

22         c.  Awareness of potential consequences and

23  alternatives.

24         d.  Assumption that agreement or disagreement will be

25  accepted equally.

26         e.  Voluntary decision.

27         f.  Mental competence.

28  

29  Juvenile sexual offender behavior ranges from noncontact

30  sexual behavior such as making obscene phone calls,

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

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7056
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 1  photographs to varying degrees of direct sexual contact, such

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

 3  sodomy, and various other sexually aggressive acts.

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

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

 6  panel, considers the facts and arguments presented by the

 7  parties and renders a decision which may be binding or

 8  nonbinding.

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

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

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

12  management coverage, which that is assigned or designated by

13  the department to perform duties or exercise powers under

14  pursuant to this chapter.

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

16  permanent legal guardian, adult household member, or other

17  person responsible for a child's welfare as defined in

18  subsection (46) (47).

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

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

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

22  from the provision of voluntary services through any

23  dependency, foster care, or termination of parental rights

24  proceeding or related activity or process.

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

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

27  order of the court.

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

29  professionals established by the Department of Health to

30  receive referrals from the protective investigators and

31  protective supervision staff of the department and to provide

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7056
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 1  specialized and supportive services to the program in

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

 3  protection team shall provide consultation to other programs

 4  of the department and other persons regarding child abuse,

 5  abandonment, or neglect cases.

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

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

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

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

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

11  former Department of Health and Rehabilitative Services, or a

12  licensed child-placing agency for purpose of adoption;

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

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

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

16  and Rehabilitative Services, after which placement, under the

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

18  parent or parents or legal custodians have failed to

19  substantially comply with the requirements of the plan;

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

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

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

23  Florida Rules of Juvenile Procedure;

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

25  providing supervision and care; or

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

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

28  custodians.

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

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

31  

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7056
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 1  monetary support for the care, maintenance, training, and

 2  education of a child.

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

 4  as set forth in s. 26.021.

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

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

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

 8  health, educational, vocational, and social condition and

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

10  caregiver's need for rehabilitative and treatment services,

11  including substance abuse treatment services, mental health

12  services, developmental services, literacy services, medical

13  services, family services, and other specialized services, as

14  appropriate.

15         (18)  "Concurrent planning" means establishing a

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

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

18  establishing another goal that must be one of the following

19  options:

20         (a)  Adoption when a petition for termination of

21  parental rights has been filed or will be filed;

22         (b)  Permanent guardianship of a dependent child under

23  s. 39.6221;

24         (c)  Permanent placement with a fit and willing

25  relative under s. 39.6231; or

26         (d)  Placement in another planned permanent living

27  arrangement under s. 39.6241.

28         (19)(18)  "Court," unless otherwise expressly stated,

29  means the circuit court assigned to exercise jurisdiction

30  under this chapter.

31  

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7056
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 1         (20)(19)  "Department" means the Department of Children

 2  and Family Services.

 3         (21)(20)  "Diligent efforts by a parent" means a course

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

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

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

 7  plan.

 8         (22)(21)  "Diligent efforts of social service agency"

 9  means reasonable efforts to provide social services or

10  reunification services made by any social service agency that

11  is a party to a case plan.

12         (23)(22)  "Diligent search" means the efforts of a

13  social service agency to locate a parent or prospective parent

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

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

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

17  hearing until the parent is either identified and located or

18  the court excuses further search.

19         (24)(23)  "Disposition hearing" means a hearing in

20  which the court determines the most appropriate protections,

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

22         (25)(24)  "District" means any one of the 15 service

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

24         (26)(25)  "District administrator" means the chief

25  operating officer of each service district of the department

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

27  district administrator whose service district falls within the

28  boundaries of a judicial circuit.

29         (27)(26)  "Expedited termination of parental rights"

30  means proceedings wherein a case plan with the goal of

31  reunification is not being offered.

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7056
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 1         (28)(27)  "False report" means a report of abuse,

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

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

 4         (a)  Harassing, embarrassing, or harming another

 5  person;

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

 7         (c)  Acquiring custody of a child; or

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

 9  other private dispute involving a child.

10  

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

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

13  central abuse hotline.

14         (29)(28)  "Family" means a collective body of persons,

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

16  relative, in which:

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

18  unit; or

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

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

21  support or care for the child.

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

23  family-focused intervention facilitated by professional staff

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

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

26         (31)(29)  "Foster care" means care provided a child in

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

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

29         (32)(30)  "Harm" to a child's health or welfare can

30  occur when any person:

31  

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7056
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 1         (a)  Inflicts or allows to be inflicted upon the child

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

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

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

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

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

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

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

 9         1.  Willful acts that produce the following specific

10  injuries:

11         a.  Sprains, dislocations, or cartilage damage.

12         b.  Bone or skull fractures.

13         c.  Brain or spinal cord damage.

14         d.  Intracranial hemorrhage or injury to other internal

15  organs.

16         e.  Asphyxiation, suffocation, or drowning.

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

18         g.  Burns or scalding.

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

20         i.  Permanent or temporary disfigurement.

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

22  part or function.

23  

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

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

26  result or to cause an injury.

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

28  other substances that substantially affect the child's

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

30  sickness or internal injury.  For the purposes of this

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

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7056
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 1  prescribed for the child or not administered as prescribed,

 2  and controlled substances as outlined in Schedule I or

 3  Schedule II of s. 893.03.

 4         3.  Leaving a child without adult supervision or

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

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

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

 8  exercise good judgment in responding to any kind of physical

 9  or emotional crisis.

10         4.  Inappropriate or excessively harsh disciplinary

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

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

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

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

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

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

17  trauma inflicted.  Corporal discipline may be considered

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

19  or other similar injuries:

20         a.  Sprains, dislocations, or cartilage damage.

21         b.  Bone or skull fractures.

22         c.  Brain or spinal cord damage.

23         d.  Intracranial hemorrhage or injury to other internal

24  organs.

25         e.  Asphyxiation, suffocation, or drowning.

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

27         g.  Burns or scalding.

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

29         i.  Permanent or temporary disfigurement.

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

31  part or function.

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7056
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 1         k.  Significant bruises or welts.

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

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

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

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

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

 7  or forcing a child to:

 8         1.  Solicit for or engage in prostitution; or

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

10  chapter 827.

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

12  exploited, as provided in s. 450.151.

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

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

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

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

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

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

19  child, which situation is sufficient to evince a willful

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

21  a parent or legal custodian or person primarily responsible

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

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

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

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

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

27  383.50.

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

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

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

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

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

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

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

 4  practice of religious beliefs, does not provide specified

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

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

 7  not:

 8         1.  Eliminate the requirement that such a case be

 9  reported to the department;

10         2.  Prevent the department from investigating such a

11  case; or

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

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

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

15  accredited practitioner who relies solely on spiritual means

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

17  well-recognized church or religious organization.

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

19  alcohol. Exposure to a controlled substance or alcohol is

20  established by:

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

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

23  demonstrably adversely affected by such usage; or

24         2.  Continued chronic and severe use of a controlled

25  substance or alcohol by a parent when the child is

26  demonstrably adversely affected by such usage.

27  

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

29  means prescription drugs not prescribed for the parent or not

30  administered as prescribed and controlled substances as

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

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 1         (h)  Uses mechanical devices, unreasonable restraints,

 2  or extended periods of isolation to control a child.

 3         (i)  Engages in violent behavior that demonstrates a

 4  wanton disregard for the presence of a child and could

 5  reasonably result in serious injury to the child.

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

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

 8  by the acts of another.

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

10  of abuse, abandonment, or neglect.

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

12  impeding or avoiding a protective investigation unless the

13  court determines that the parent, legal custodian, or

14  caregiver was fleeing from a situation involving domestic

15  violence.

16         (33)(31)  "Institutional child abuse or neglect" means

17  situations of known or suspected child abuse or neglect in

18  which the person allegedly perpetrating the child abuse or

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

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

21  agency or any other person at such institution responsible for

22  the child's care.

23         (34)(32)  "Judge" means the circuit judge exercising

24  jurisdiction pursuant to this chapter.

25         (35)(33)  "Legal custody" means a legal status created

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

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

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

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

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

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

                                  16

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

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

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

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

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

 6  parent with intact parental rights, to the rights or

 7  responsibilities of the legal custodian who has assumed the

 8  role of the parent.

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

10  relationship between the child and caregiver which is intended

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

12  to the procedures in chapter 744.

13         (36)(35)  "Licensed child-caring agency" means a

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

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

16         (37)(36)  "Licensed child-placing agency" means a

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

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

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

20  foster or adoptive home.

21         (38)(37)  "Licensed health care professional" means a

22  physician licensed under chapter 458, an osteopathic physician

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

24  chapter 464, a physician assistant licensed under chapter 458

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

26         (39)(38)  "Likely to injure oneself" means that, as

27  evidenced by violent or other actively self-destructive

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

29  period the child will attempt to commit suicide or inflict

30  serious bodily harm on himself or herself.

31  

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 1         (40)(39)  "Likely to injure others" means that it is

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

 3  will inflict serious and unjustified bodily harm on another

 4  person.

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

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

 7  created by a court order pursuant to this chapter.

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

 9  relationship" means the relationship that a juvenile court

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

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

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

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

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

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

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

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

18  showing that the best interest of the child necessitates a

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

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

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

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

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

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

25  psychiatric, and psychological care, unless these rights and

26  duties are otherwise enlarged or limited by the court order

27  establishing the long-term custodial relationship.

28         (41)(42)  "Mediation" means a process whereby a neutral

29  third person called a mediator acts to encourage and

30  facilitate the resolution of a dispute between two or more

31  parties.  It is an informal and nonadversarial process with

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 1  the objective of helping the disputing parties reach a

 2  mutually acceptable and voluntary agreement.  The role of the

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

 4  parties in identifying issues, fostering joint problem

 5  solving, and exploring settlement alternatives.

 6         (42)(43)  "Mental injury" means an injury to the

 7  intellectual or psychological capacity of a child as evidenced

 8  by a discernible and substantial impairment in the ability to

 9  function within the normal range of performance and behavior.

10         (43)(44)  "Necessary medical treatment" means care

11  which is necessary within a reasonable degree of medical

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

13  or to alleviate immediate pain of a child.

14         (44)(45)  "Neglect" occurs when a child is deprived of,

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

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

17  in an environment when such deprivation or environment causes

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

19  significantly impaired or to be in danger of being

20  significantly impaired. The foregoing circumstances shall not

21  be considered neglect if caused primarily by financial

22  inability unless actual services for relief have been offered

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

24  legitimately practicing religious beliefs in accordance with a

25  recognized church or religious organization who thereby does

26  not provide specific medical treatment for a child may shall

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

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

29  preclude a court from ordering the following services to be

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

31  

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 1         (a)  Medical services from a licensed physician,

 2  dentist, optometrist, podiatric physician, or other qualified

 3  health care provider; or

 4         (b)  Treatment by a duly accredited practitioner who

 5  relies solely on spiritual means for healing in accordance

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

 7  religious organization.

 8  

 9  Neglect of a child includes acts or omissions.

10         (45)(46)  "Next of kin" means an adult relative of a

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

12  uncle, or first cousin.

13         (46)(47)  "Other person responsible for a child's

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

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

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

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

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

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

20  care. For the purpose of departmental investigative

21  jurisdiction, this definition does not include law enforcement

22  officers, or employees of municipal or county detention

23  facilities or the Department of Corrections, while acting in

24  an official capacity.

25         (47)(48)  "Out-of-home" means a placement outside of

26  the home of the parents or a parent.

27         (48)(49)  "Parent" means a woman who gives birth to a

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

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

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

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

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

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

 3  pregnancy, with support in a repetitive, customary manner

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

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

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

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

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

 9  alleged or prospective parent, unless the parental status

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

11  63.062(1). For purposes of this chapter only, when the phrase

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

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

14  parent with intact parental rights, to the rights or

15  responsibilities of the legal custodian who has assumed the

16  role of the parent.

17         (49)(50)  "Participant," for purposes of a shelter

18  proceeding, dependency proceeding, or termination of parental

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

20  should receive notice of hearings involving the child,

21  including foster parents or the legal custodian of the child,

22  identified prospective parents, grandparents entitled to

23  priority for adoption consideration under s. 63.0425, actual

24  custodians of the child, and any other person whose

25  participation may be in the best interest of the child. A

26  community-based agency under contract with the department to

27  provide protective services may be designated as a participant

28  at the discretion of the court. Participants may be granted

29  leave by the court to be heard without the necessity of filing

30  a motion to intervene.

31  

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 1         (50)(51)  "Party" means the parent or parents of the

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

 3  or the representative of the guardian ad litem program when

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

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

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

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

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

 9  be meaningless or detrimental to the child.

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

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

12  permanent living arrangement of the child. Permanency goals

13  applicable under this chapter are:

14         (a)  Reunification;

15         (b)  Adoption when a petition for termination of

16  parental rights has been or will be filed;

17         (c)  Permanent guardianship of a dependent child under

18  s. 39.6221;

19         (d)  Permanent placement with a fit and willing

20  relative under s. 39.6231; or

21         (e)  Placement in another planned permanent living

22  arrangement under s. 39.6241.

23  

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

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

26  the same time that another permanency goal is pursued.

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

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

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

30  adult in a permanent guardianship of a dependent child under

31  s. 39.6211.

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

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

 3  39.6221 between a child and a relative or other adult approved

 4  by the court which is intended to be permanent and

 5  self-sustaining through the transfer of parental rights with

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

 7  and control of the person, custody of the person, and

 8  decisionmaking on behalf of the child.

 9         (55)(52)  "Physical injury" means death, permanent or

10  temporary disfigurement, or impairment of any bodily part.

11         (56)(53)  "Physician" means any licensed physician,

12  dentist, podiatric physician, or optometrist and includes any

13  intern or resident.

14         (57)(54)  "Preliminary screening" means the gathering

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

16  need for further evaluation or assessment or for referral for

17  other substance abuse services through means such as

18  psychosocial interviews; urine and breathalyzer screenings;

19  and reviews of available educational, delinquency, and

20  dependency records of the child.

21         (58)(55)  "Preventive services" means social services

22  and other supportive and rehabilitative services provided to

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

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

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

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

27  other supportive and rehabilitative services shall promote the

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

29  safe, stable, living environment, shall promote family

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

31  

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 1         (59)(56)  "Prospective parent" means a person who

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

 3  mother or a father of a child.

 4         (60)(57)  "Protective investigation" means the

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

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

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

 8  the department; the investigation of each report; the

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

10  determination of the disposition of each report without court

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

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

13         (61)(58)  "Protective investigator" means an authorized

14  agent of the department who receives and investigates reports

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

16  the investigation, may recommend that a dependency petition be

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

18  to carry out the required actions of the protective

19  investigation function.

20         (62)(59)  "Protective supervision" means a legal status

21  in dependency cases which permits the child to remain safely

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

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

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

25         (63)(60)  "Relative" means a grandparent,

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

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

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

29  does not include a stepparent.

30         (64)(61)  "Reunification services" means social

31  services and other supportive and rehabilitative services

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

 2  appropriate, to the relative placement, nonrelative placement,

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

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

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

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

 7  social services and other supportive and rehabilitative

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

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

10  living environment, shall promote family autonomy, and shall

11  strengthen family life, whenever possible.

12         (65)(62)  "Secretary" means the Secretary of Children

13  and Family Services.

14         (66)(63)  "Sexual abuse of a child" means one or more

15  of the following acts:

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

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

18  whether or not there is the emission of semen.

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

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

21  person.

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

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

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

25  act intended for a valid medical purpose.

26         (d)  The intentional touching of the genitals or

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

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

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

30  include:

31  

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

 2  normal caregiver responsibility, any interaction with, or

 3  affection for a child; or

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

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

 6  genitals in the presence of a child.

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

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

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

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

11  gratification, aggression, degradation, or other similar

12  purpose.

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

14  allowing, encouraging, or forcing a child to:

15         1.  Solicit for or engage in prostitution; or

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

17  chapter 827.

18         (67)(64)  "Shelter" means a placement with a relative

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

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

21  found to be dependent, pending court disposition before or

22  after adjudication.

23         (68)(65)  "Shelter hearing" means a hearing in which

24  the court determines whether probable cause exists to keep a

25  child in shelter status pending further investigation of the

26  case.

27         (69)(66)  "Social service agency" means the department,

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

29  agency.

30         (70)(67)  "Substance abuse" means using, without

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

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

 2  resulting in dysfunctional social behavior.

 3         (71)(68)  "Substantial compliance" means that the

 4  circumstances which caused the creation of the case plan have

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

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

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

 8  parent.

 9         (72)(69)  "Taken into custody" means the status of a

10  child immediately when temporary physical control over the

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

12  child's release or placement.

13         (73)(70)  "Temporary legal custody" means the

14  relationship that a juvenile court creates between a child and

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

16  other person approved by the court until a more permanent

17  arrangement is ordered. Temporary legal custody confers upon

18  the custodian the right to have temporary physical custody of

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

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

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

22  psychiatric, and psychological care, unless these rights and

23  duties are otherwise enlarged or limited by the court order

24  establishing the temporary legal custody relationship.

25         (74)(71)  "Victim" means any child who has sustained or

26  is threatened with physical, mental, or emotional injury

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

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

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

30  relationship that a juvenile court order creates between a

31  child and a placement licensed by the state to provide

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 1  residential care for dependent children, if the licensed

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

 3  child until the child reaches the age of majority.

 4         Section 2.  Section 39.013, Florida Statutes, is

 5  amended to read:

 6         39.013  Procedures and jurisdiction; right to

 7  counsel.--

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

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

10  conducted according to the Florida Rules of Juvenile Procedure

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

12  the court of their right to counsel in dependency proceedings

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

14  unable to afford counsel must be appointed counsel.

15         (2)  The circuit court has shall have exclusive

16  original jurisdiction of all proceedings under this chapter,

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

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

19  and of the adoption of children whose parental rights have

20  been terminated under this chapter. Jurisdiction attaches when

21  the initial shelter petition, dependency petition, or

22  termination of parental rights petition is filed or when a

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

24  court may assume jurisdiction over any such proceeding

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

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

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

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

29  condition occurred that brought the child to the attention of

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

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

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 1  jurisdiction, unless relinquished by its order, until the

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

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

 4  requesting the court's continued jurisdiction, the juvenile

 5  court may retain jurisdiction under this chapter for a period

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

 7  the purpose of determining whether appropriate aftercare

 8  support, Road-to-Independence Scholarship, transitional

 9  support, mental health, and developmental disability services,

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

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

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

13  If a petition for special immigrant juvenile status and an

14  application for adjustment of status have been filed on behalf

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

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

17  the court may retain jurisdiction over the dependency case

18  solely for the purpose of allowing the continued consideration

19  of the petition and application by federal authorities. Review

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

21  determining the status of the petition and application. The

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

23  federal authorities. Retention of jurisdiction in this

24  instance does not affect the services available to a young

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

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

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

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

29  circuit court assigned to handle dependency matters may

30  exercise the general and equitable jurisdiction over

31  guardianship proceedings under pursuant to the provisions of

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 1  chapter 744 and proceedings for temporary custody of minor

 2  children by extended family under pursuant to the provisions

 3  of chapter 751.

 4         (4)  Orders entered pursuant to this chapter which

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

 6  adoption of, or parental rights and responsibilities for a

 7  minor child shall take precedence over other orders entered in

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

 9  terminated jurisdiction, the such order may be subsequently

10  modified by a court of competent jurisdiction in any other

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

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

13  responsibilities for the same minor child.

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

15  placement issue in cases involving a child who has been

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

17  placement.

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

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

20  placed in an out-of-home placement.

21         (7)  Children removed from their homes shall be

22  provided equal treatment with respect to goals, objectives,

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

24  their placement.

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

26  department, the court shall, within the month which

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

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

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

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

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

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

 2  The court shall ascertain whether the right to counsel is

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

 4  determine whether the waiver is knowing and intelligent. The

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

 6  appointment or waiver of counsel for indigent parents or the

 7  waiver of counsel by nonindigent parents.

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

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

10  the attorney shall continue to represent the parent throughout

11  the proceedings. If the attorney-client relationship is

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

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

14  the proceedings.

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

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

17  understanding choice because of mental condition, age,

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

19  or other factors.

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

21  record.

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

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

24  renewed by the court at each subsequent stage of the

25  proceedings at which the parent appears without counsel.

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

27  has voluntarily executed a written surrender of the child and

28  consents to the entry of a court order terminating parental

29  rights.

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

31  include:

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 1         (a)  Periods of delay resulting from a continuance

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

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

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

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

 6  the consent of the child.

 7         (b)  Periods of delay resulting from a continuance

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

 9  granted:

10         1.  Because of an unavailability of evidence material

11  to the case when the requesting party has exercised due

12  diligence to obtain such evidence and there are substantial

13  grounds to believe that such evidence will be available within

14  30 days. However, if the requesting party is not prepared to

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

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

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

18  appropriate sanctions, which may include dismissal of the

19  petition.

20         2.  To allow the requesting party additional time to

21  prepare the case and additional time is justified because of

22  an exceptional circumstance.

23         (c)  Reasonable periods of delay necessary to

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

25  legal custodian; however, the petitioner shall continue

26  regular efforts to provide notice to the parents during such

27  periods of delay.

28         (d)  Reasonable periods of delay resulting from a

29  continuance granted at the request of the parent or legal

30  custodian of a subject child.

31  

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 1         (e)  Notwithstanding the foregoing, continuances and

 2  extensions of time are limited to the number of days

 3  absolutely necessary to complete a necessary task in order to

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

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

 6  dependent children in conducting dependency proceedings in

 7  accordance with the time limitations set forth in this

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

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

10  party in advance of the particular circumstances or need

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

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

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

14  during proceedings under this chapter. A continuance or

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

16  extraordinary circumstances necessary to preserve the

17  constitutional rights of a party or when substantial evidence

18  demonstrates that the child's best interests will be

19  affirmatively harmed without the granting of a continuance or

20  extension of time.

21         (10)(11)  Court-appointed counsel representing indigent

22  parents at shelter hearings shall be paid from state funds

23  appropriated by general law.

24         (11)(12)  The court shall encourage the Statewide

25  Guardian Ad Litem Office to provide greater representation to

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

27  foster care.

28         Section 3.  Section 39.0136, Florida Statutes, is

29  created to read:

30         39.0136  Time limitations; continuances.--

31  

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

 2  for establishing permanency for a child in the dependency

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

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

 5  party except as provided in this section.

 6         (2)  In order to expedite permanency for a child, the

 7  total time allowed for continuances or extensions of time may

 8  not exceed 60 days within any 12-month period for proceedings

 9  conducted under this chapter. A continuance or extension of

10  time may be granted only for extraordinary circumstances in

11  which it is necessary to preserve the constitutional rights of

12  a party or if substantial evidence exists to demonstrate that

13  without granting a continuance or extension of time the

14  child's best interests will be harmed.

15         (3)  The time limitations in this chapter do not

16  include:

17         (a)  Periods of delay resulting from a continuance

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

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

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

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

22  interests of the child when determining periods of delay under

23  this section.

24         (b)  Periods of delay resulting from a continuance

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

26  granted:

27         1.  Because of an unavailability of evidence that is

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

29  diligence to obtain evidence and there are substantial grounds

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

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

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

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

 3  appropriate sanctions, which may include dismissal of the

 4  petition.

 5         2.  To allow the requesting party additional time to

 6  prepare the case and additional time is justified because of

 7  an exceptional circumstance.

 8         (c)  Reasonable periods of delay necessary to

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

10  legal custodian; however, the petitioner shall continue

11  regular efforts to provide notice to the parents during the

12  periods of delay.

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

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

15  absolutely necessary to complete a necessary task in order to

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

17  child.

18         Section 4.  Section 39.0137, Florida Statutes, is

19  created to read:

20         39.0137  Federal law; rulemaking authority.--

21         (1)  This chapter does not supersede the requirements

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

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

24  103-382, as amended, or the implementing regulations.

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

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

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

28  to enter into agreements with recognized American Indian

29  tribes in order to facilitate the implementation of the Indian

30  Child Welfare Act.

31  

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 1         Section 5.  Section 39.0138, Florida Statutes, is

 2  created to read:

 3         39.0138  Requirements for placement of dependent

 4  children; exemptions from disqualification.--

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

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

 7  435.04 for any person being considered by the department for

 8  approval for placement of a child subject to a placement

 9  decision under this chapter. Approval for placement with any

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

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

12  competent jurisdiction for:

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

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

15  or a crime involving violence, including sexual battery,

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

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

18  or

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

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

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

22  place a child in a home that otherwise meets placement

23  requirements if state and local criminal record checks do not

24  disqualify the applicant and if the department has submitted

25  fingerprint information to the Department of Law Enforcement

26  for forwarding to the Federal Bureau of Investigation and is

27  awaiting the results of the federal criminal records check.

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

29  considered or approved must disclose to the department any

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

31  in which they are or have been involved.

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

 2  conducted under this section must be considered in determining

 3  whether placement with the parent will jeopardize the safety

 4  of the child being placed.

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

 6  39.521(1)(d), the department and its authorized agents or

 7  contract providers are considered criminal justice agencies

 8  for the purpose of accessing criminal justice information,

 9  including information from the National Crime Information

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

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

12  information shall be used solely for purposes supporting the

13  detection, apprehension, prosecution, pretrial release,

14  posttrial release, or rehabilitation of criminal offenders or

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

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

17  other purposes.

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

19  otherwise disqualified for approval of placement of a

20  dependent child an exemption from disqualification for:

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

22  date of disqualification;

23         (b)  Misdemeanors prohibited under any of the Florida

24  Statutes cited in this chapter or under similar statutes of

25  other jurisdictions;

26         (c)  Offenses that were felonies when committed but

27  that are currently misdemeanors;

28         (d)  Findings of delinquency; or

29         (e)  Commissions of acts of domestic violence as

30  defined in s. 741.30.

31  

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

 2  felonies prohibited under any of the Florida Statutes cited in

 3  this chapter or under similar statutes of other jurisdictions.

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

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

 6  convincing evidence that the person should not be disqualified

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

 8  seeking an exemption has the burden of setting forth

 9  sufficient evidence of rehabilitation, including, but not

10  limited to, the circumstances surrounding the incident for

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

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

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

14  any other evidence or circumstances indicating that the person

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

16  allowed. The decision of the department regarding an exemption

17  may be contested through the hearing procedures set forth in

18  chapter 120.

19         (5)  Disqualification from placement of a child under

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

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

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

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

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

25  rights.

26         Section 6.  Subsection (22) of section 39.301, Florida

27  Statutes, is amended to read:

28         39.301  Initiation of protective investigations.--

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

30  not identified as a caregiver responsible for the abuse,

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

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

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

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

 4  in employment screening, licensing, child placement,

 5  adoption, or any other decisions by a private adoption agency

 6  or a state agency or its contracted providers, except that a

 7  previous report may be used to determine whether a child is

 8  safe and what the known risk is to the child at any stage of a

 9  child-protection proceeding.

10         Section 7.  Subsections (10) and (16) of section

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

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

13         39.402  Placement in a shelter.--

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

15  written determination as to whether the department has made a

16  reasonable effort to prevent or eliminate the need for removal

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

18  determination must include a description of which specific

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

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

21  which the services are expected to become available.

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

23  eliminate the need for removal or continued removal of the

24  child from the home, the written determination must also

25  contain a explanation describing why the services are not

26  available for the child.

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

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

29  order the department to provide appropriate and available

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

31  

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

 2  and safety.

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

 4  shall:

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

 6  scheduled hearing to review the shelter placement. The Such

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

 8  the child in shelter status, in conjunction with the

 9  arraignment hearing, and at such times as are otherwise

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

11  and.

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

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

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

15  case plan conference, family team conference, or mediation

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

17  in shelter status.

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

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

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

21  provide to the court and all parties identification and

22  location information regarding the relatives.

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

24  child is not returned to their custody within 12 months, their

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

26  out-of-home placement may become permanent.

27         Section 8.  Present subsections (7) and (8) of section

28  39.507, Florida Statutes, are redesignated as subsections (8)

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

30  that section, to read:

31  

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 1         39.507  Adjudicatory hearings; orders of

 2  adjudication.--

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

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

 5  parent or parents whether the parents have relatives who might

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

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

 8  custody within 12 months, their parental rights may be

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

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

11  court and all parties identification and location information

12  of the relatives.

13         Section 9.  Paragraph (c) of subsection (1) and

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

15  Statutes, are amended to read:

16         39.5085  Relative Caregiver Program.--

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

18  this section to:

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

20  the child can be achieved through a variety of permanency

21  options, including permanent guardianship by a relative

22  long-term relative custody, guardianship, or adoption, by

23  providing additional placement options and incentives that

24  will achieve permanency and stability for many children who

25  are otherwise at risk of foster care placement because of

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

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

28  relatives.

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

30  shall establish and operate the Relative Caregiver Program

31  under pursuant to eligibility guidelines established in this

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

 2  Relative Caregiver Program shall, within the limits of

 3  available funding, provide financial assistance to:

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

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

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

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

 8  child abuse, neglect, or abandonment and subsequent placement

 9  with the relative under pursuant to this chapter.

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

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

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

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

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

15  determination of child abuse, neglect, or abandonment and

16  subsequent placement with the relative under pursuant to this

17  chapter.

18  

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

20  custody to the relative under protective supervision of the

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

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

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

24  s. 39.622. The Relative Caregiver Program shall offer

25  financial assistance to caregivers who are relatives and who

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

27  caregiver payment because of financial burden, thus exposing

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

29  care.

30         Section 10.  Subsection (1) of section 39.522, Florida

31  Statutes, is amended to read:

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 1         39.522  Postdisposition change of custody.--The court

 2  may change the temporary legal custody or the conditions of

 3  protective supervision at a postdisposition hearing, without

 4  the necessity of another adjudicatory hearing.

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

 6  home under the protective supervision of an authorized agent

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

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

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

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

11  the conditions of protective supervision or the placement. If

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

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

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

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

16  the placement, modifying the conditions of protective

17  supervision, or continuing the conditions of protective

18  supervision as ordered. The standard for changing custody of

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

20  applying this standard, the court shall consider the

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

22  residence as a factor when determining the best interests of

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

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

25  and court approval pursuant to this chapter.

26         Section 11.  Section 39.6011, Florida Statutes, is

27  created to read:

28         39.6011  Case plan development.--

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

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

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

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

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

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

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

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

 6  termination of parental rights. The case plan shall be

 7  developed subject to the following requirements:

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

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

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

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

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

13  conducted according to one of the following procedures:

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

15  parties described in this subsection.

16         2.  A mediation if dependency mediation services are

17  available and appropriate and in the best interests of the

18  child.

19         3.  A family team conference if a family team

20  conference is available.

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

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

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

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

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

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

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

28  unwillingness or inability to participate. The documentation

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

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

31  conforming as nearly as possible with the requirements set

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

 2  parent to participate in developing a case plan does not

 3  preclude the filing of a petition for dependency or for

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

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

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

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

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

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

10  hearing set for the child.

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

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

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

14  principal language. Each case plan must contain:

15         (a)  A description of the identified problem being

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

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

18  the department.

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

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

21  description of the permanency goal of reunification with the

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

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

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

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

26  accomplishing its provisions. The plan's compliance period

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

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

29  accepted by the court, whichever occurs sooner.

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

31  parent to substantially comply with the case plan may result

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

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

 3  for termination of parental rights sooner than the compliance

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

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

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

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

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

 9  acknowledgement that the case plan has been developed by the

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

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

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

13  accepting the case plan if the case plan is otherwise

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

15  constitute an admission to any allegation of abuse,

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

17  finding of dependency or termination of parental rights.

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

19  provisions of the plan to all persons involved in its

20  implementation, including, when appropriate, the child.

21         (4)  The case plan must describe:

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

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

24  child, foster parents, or legal custodians;

25         (b)  The minimum number of face-to-face meetings to be

26  held each month between the parents and the department's

27  family services counselors to review the progress of the plan,

28  to eliminate barriers to progress, and to resolve conflicts or

29  disagreements; and

30         (c)  The parent's responsibility for financial support

31  of the child, including, but not limited to, health insurance

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 1  and child support.  The case plan must list the costs

 2  associated with any services or treatment that the parent and

 3  child are expected to receive which are the financial

 4  responsibility of the parent. The determination of child

 5  support and other financial support shall be made

 6  independently of any determination of indigency under s.

 7  39.013.

 8         (5)  When the permanency goal for a child is adoption,

 9  the case plan must include documentation of the steps the

10  agency is taking to find an adoptive family or other permanent

11  living arrangement for the child. At a minimum, the

12  documentation shall include recruitment efforts that are

13  specific to the child, such as the use of state, regional, and

14  national adoption exchanges, including electronic exchange

15  systems.

16         (6)  After the case plan has been developed, the

17  department shall adhere to the following procedural

18  requirements:

19         (a)  If the parent's substantial compliance with the

20  case plan requires the department to provide services to the

21  parents or the child and the parents agree to begin compliance

22  with the case plan before the case plan's acceptance by the

23  court, the department shall make the appropriate referrals for

24  services that will allow the parents to begin the agreed-upon

25  tasks and services immediately.

26         (b)  After the case plan has been agreed upon and

27  signed by the parties, a copy of the plan must be given

28  immediately to the parties, including the child if

29  appropriate, and to other persons as directed by the court.

30         1.  A case plan must be prepared, but need not be

31  submitted to the court, for a child who will be in care no

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 1  longer than 30 days unless that child is placed in out-of-home

 2  care a second time within a 12-month period.

 3         2.  In each case in which a child has been placed in

 4  out-of-home care, a case plan must be prepared within 60 days

 5  after the department removes the child from the home and shall

 6  be submitted to the court before the disposition hearing for

 7  the court to review and approve.

 8         3.  After jurisdiction attaches, all case plans must be

 9  filed with the court and a copy provided to all the parties

10  whose whereabouts are known not less than 3 business days

11  before the disposition hearing. The department shall file with

12  the court, and provide copies to the parties, all case plans

13  prepared before jurisdiction of the court attached.

14         4.  The case plan must be filed with the court and

15  copies provided to all parties, including the child if

16  appropriate, not less than 3 business days before the

17  disposition hearing.

18         Section 12.  Section 39.6012, Florida Statutes, is

19  created to read:

20         39.6012  Case plan tasks; services; compliance.--

21         (1)  In order to substantially comply with the case

22  plan, a parent must complete the specified tasks and services

23  described in the plan.

24         (2)  The services to be provided to the parent and the

25  tasks that must be completed are subject to the following:

26         (a)  The services described in the case plan must be

27  designed to improve the conditions in the home and aid in

28  maintaining the child in the home, facilitate the child's safe

29  return to the home, ensure proper care of the child, or

30  facilitate the child's permanent placement. The services

31  offered must be the least intrusive possible into the life of

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 1  the parent and child, must focus on clearly defined

 2  objectives, and must provide the most efficient path to quick

 3  reunification or permanent placement given the circumstances

 4  of the case and the child's need for safe and proper care.

 5         (b)  The case plan must describe each of the tasks with

 6  which the parent must comply and the services to be provided

 7  to the parent, specifically addressing the identified problem,

 8  including:

 9         1.  The type of services or treatment.

10         2.  The date the department will provide each service

11  or referral for the service if the service is being provided

12  by the department or its agent.

13         3.  The date by which the parent must complete each

14  task.

15         4.  The frequency of services or treatment provided.

16  The frequency of the delivery of services or treatment

17  provided shall be determined by the professionals providing

18  the services or treatment on a case-by-case basis and adjusted

19  according to their best professional judgment.

20         5.  The location of the delivery of the services.

21         6.  The staff of the department or service provider

22  accountable for the services or treatment.

23         7.  A description of the measurable objectives,

24  including the timeframes specified for achieving the

25  objectives of the case plan and addressing the identified

26  problem.

27         (3)  The case plan must describe the services provided

28  to the child, including:

29         (a)  A description of the identified needs of the child

30  while in care.

31  

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 1         (b)  A description of the plan for ensuring that the

 2  child receives safe and proper care and that services are

 3  provided to the child in order to address the child's needs.

 4  To the extent available and accessible, the following health,

 5  mental health, and education information and records of the

 6  child must be attached to the case plan and updated throughout

 7  the judicial-review process:

 8         1.  The names and addresses of the child's health,

 9  mental health, and educational providers;

10         2.  The child's grade-level performance;

11         3.  The child's school record;

12         4.  Assurances that the child's placement takes into

13  account proximity to the school in which the child is enrolled

14  at the time of placement;

15         5.  A record of the child's immunizations;

16         6.  The child's known medical history, including any

17  known problems;

18         7.  The child's medications, if any; and

19         8.  Any other relevant health, mental health, and

20  education information concerning the child.

21         (4)  In addition to any other requirement, if the child

22  is in an out-of-home placement, the case plan must include:

23         (a)  A description of the type of placement in which

24  the child is to be living.

25         (b)  A description of the parent's visitation rights

26  and obligations and the plan for sibling visitation if the

27  child has siblings and is separated from them.

28         (c)  When appropriate, for a child who is 13 years of

29  age or older, a written description of the programs and

30  services that will help the child prepare for the transition

31  from foster care to independent living.

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 1         Section 13.  Section 39.6013, Florida Statutes, is

 2  created to read:

 3         39.6013  Case plan amendments.--

 4         (1)  After the case plan has been developed under s.

 5  39.6011, the tasks and services agreed upon in the plan may

 6  not be changed or altered in any way except as provided in

 7  this section.

 8         (2)  The case plan may be amended at any time in order

 9  to change the goal of the plan, employ the use of concurrent

10  planning, add or remove tasks the parent must complete to

11  substantially comply with the plan, provide appropriate

12  services for the child, and update the child's health, mental

13  health, and education records required by s. 39.6012.

14         (3)  The case plan may be amended upon approval of the

15  court if all parties are in agreement regarding the amendments

16  to the plan and the amended plan is signed by all parties and

17  submitted to the court with a memorandum of explanation.

18         (4)  The case plan may be amended by the court or upon

19  motion of any party at any hearing to change the goal of the

20  plan, employ the use of concurrent planning, or add or remove

21  tasks the parent must complete in order to substantially

22  comply with the plan if there is a preponderance of evidence

23  demonstrating the need for the amendment. The need to amend

24  the case plan may be based on information discovered or

25  circumstances arising after the approval of the case plan for:

26         (a)  A previously unaddressed condition that, without

27  services, may prevent the child from safely returning to the

28  home or may prevent the child from safely remaining in the

29  home;

30         (b)  The child's need for permanency, taking into

31  consideration the child's age and developmental needs;

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 1         (c)  The failure of a party to substantially comply

 2  with a task in the original case plan, including the

 3  ineffectiveness of a previously offered service; or

 4         (d)  An error or oversight in the case plan.

 5         (5)  The case plan may be amended by the court or upon

 6  motion of any party at any hearing to provide appropriate

 7  services to the child if there is competent evidence

 8  demonstrating the need for the amendment. The reason for

 9  amending the case plan may be based on information discovered

10  or circumstances arising after the approval of the case plan

11  regarding the provision of safe and proper care to the child.

12         (6)  The case plan is deemed amended as to the child's

13  health, mental health, and education records required by s.

14  39.6012 when the child's updated health and education records

15  are filed by the department under s. 39.701(7)(a).

16         (7)  Amendments must include service interventions that

17  are the least intrusive into the life of the parent and child,

18  must focus on clearly defined objectives, and must provide the

19  most efficient path to quick reunification or permanent

20  placement given the circumstances of the case and the child's

21  need for safe and proper care. A copy of the amended plan must

22  be immediately given to the persons identified in s.

23  39.601(1).

24         Section 14.  Subsection (2) of section 39.603, Florida

25  Statutes, is amended to read:

26         39.603  Court approvals of case planning.--

27         (2)  When the court determines that any of the elements

28  considered at the hearing related to the plan have not been

29  met, the court shall require the parties to make necessary

30  amendments to the plan under s. 39.6013. The amended plan must

31  be submitted to the court for review and approval within 30

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 1  days after the hearing. A copy of the amended plan must also

 2  be provided to each party, if the location of the party is

 3  known, at least 3 business days 72 hours before prior to

 4  filing with the court.

 5         Section 15.  Section 39.621, Florida Statutes, is

 6  amended to read:

 7         39.621  Permanency determination by the court.--

 8         (1)  Time is of the essence for permanency of children

 9  in the dependency system. A permanency hearing must be held no

10  later than 12 months after the date the child was removed from

11  the home or no later than 30 days after a court determines

12  that reasonable efforts to return a child to either parent are

13  not required, whichever occurs first. A permanency hearing

14  must be held at least every 12 months for any child who

15  continues to receive supervision from the department or awaits

16  adoption. When the court has determined that reunification

17  with either parent is not appropriate, then the court must

18  make a permanency determination for the child.

19         (2)  Adoption, under pursuant to chapter 63, is the

20  primary permanency option available to the court. If the child

21  is placed with a relative or with a relative of the child's

22  half-brother or half-sister as a permanency option, the court

23  shall recognize the permanency of this placement without

24  requiring the relative to adopt the child.

25         (3)  At the permanency hearing, the court, after

26  considering all the facts, shall determine:

27         (a)  Whether the current permanency goal for the child

28  is appropriate or should be changed;

29         (b)  When the child will achieve one of the permanency

30  goals; and

31  

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 1         (c)  Whether the department has made reasonable efforts

 2  to finalize the permanency goal currently in effect. The

 3  permanency options listed in the following paragraphs shall

 4  only be considered by the court if adoption is determined by

 5  the court to not be in the child's best interest, except as

 6  otherwise provided in subsection (2):

 7         (a)  Guardianship pursuant to chapter 744.

 8         (b)  Long-term custody.

 9         (c)  Long-term licensed custody.

10         (d)  Independent living.

11  

12  The permanency placement is intended to continue until the

13  child reaches the age of majority and shall not be disturbed

14  absent a finding by the court that the circumstances of the

15  permanency placement are no longer in the best interest of the

16  child.

17         Section 16.  Section 39.6221, Florida Statutes, is

18  created to read:

19         39.6221  Permanent guardianship of a dependent child.--

20         (1)  If a court determines that reunification or

21  adoption is not in the best interest of the child, the court

22  may place the child in a permanent guardianship with a

23  relative or other adult approved by the court if all of the

24  following conditions are met:

25         (a)  The child has been in the placement for not less

26  than the preceding 6 months.

27         (b)  The permanent guardian is suitable and able to

28  provide a safe and permanent home for the child.

29         (c)  The court determines that the child and the

30  relative or other adult are not likely to need supervision or

31  

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 1  services of the department to ensure the stability of the

 2  permanent guardianship.

 3         (d)  The permanent guardian has made a commitment to

 4  provide for the child until the child reaches the age of

 5  majority and to prepare the child for adulthood and

 6  independence.

 7         (e)  The permanent guardian agrees to give notice of

 8  any change in his or her residential address or the residence

 9  of the child by filing a written document in the dependency

10  file of the child with the clerk of the court.

11         (2)  In its written order establishing a permanent

12  guardianship, the court shall:

13         (a)  List the circumstances or reasons why the child's

14  parents are not fit to care for the child and why

15  reunification is not possible by referring to specific

16  findings of fact made in its order adjudicating the child

17  dependent or by making separate findings of fact;

18         (b)  State the reasons why a permanent guardianship is

19  being established instead of adoption;

20         (c)  Specify the frequency and nature of visitation or

21  contact between the child and his or her parents;

22         (d)  Specify the frequency and nature of visitation or

23  contact between the child and his or her grandparents, under

24  s. 39.509;

25         (e)  Specify the frequency and nature of visitation or

26  contact between the child and his or her siblings;

27         (f)  Require that the permanent guardian not return the

28  child to the physical care and custody of the person from whom

29  the child was removed without the approval of the court; and

30  

31  

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 1         (g)  List the powers and duties of the permanent

 2  guardian which shall include the rights and duties of a

 3  parent, including, but not limited to:

 4         1.  The right to physical and legal custody of the

 5  child;

 6         2.  The right and duty to protect, nurture, guide, and

 7  discipline the child;

 8         3.  The right and duty to provide the child with food,

 9  shelter, and education; and

10         4.  The right and duty to provide the child with

11  ordinary medical, dental, psychiatric, and psychological care,

12  unless these rights and duties are otherwise enlarged or

13  limited by court order.

14         (3)  The court shall give the permanent guardian a

15  separate order establishing the authority of the permanent

16  guardian to care for the child, reciting what powers and

17  duties listed in paragraph (2)(g) belong to the permanent

18  guardian and providing any other information the court deems

19  proper which can be provided to persons who are not parties to

20  the proceeding as necessary, notwithstanding the

21  confidentiality provisions of s. 39.202.

22         (4)  A permanent guardianship of a dependent child

23  established under this chapter is not a plenary guardianship

24  and is not subject to the requirements of chapter 744.

25         (5)  The court shall retain jurisdiction over the case

26  and the child shall remain in the custody of the permanent

27  guardian unless the order creating the permanent guardianship

28  is modified by the court. The court shall discontinue regular

29  review hearings and relieve the department of the

30  responsibility for supervising the placement of the child. Not

31  

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 1  withstanding the retention of jurisdiction, the placement

 2  shall be considered permanent for the child.

 3         (6)  Placement of a child in a permanent guardianship

 4  does not terminate the parent-child relationship, including:

 5         (a)  The right of the child to inherit from his or her

 6  parents;

 7         (b)  The parents' right to consent to the child's

 8  adoption; and

 9         (c)  The parents' responsibility to provide financial,

10  medical, and other support for the child as ordered by the

11  court.

12         (7)  A parent may petition for modification of the

13  permanent guardianship order. Upon filing the petition, the

14  court shall hold a hearing to determine whether the permanent

15  guardianship order should be modified. At the hearing, the

16  court may modify the order if the parent demonstrates a

17  material change in circumstances and the court determines that

18  the return of the child to the parent is in the best interests

19  of the child.

20         Section 17.  Section 39.6231, Florida Statutes, is

21  created to read:

22         39.6231  Permanent placement with a fit and willing

23  relative.--

24         (1)  If a court finds that reunification or adoption

25  are not in the best interests of a child, the court may place

26  the child with a fit and willing relative as a permanency

27  option if:

28         (a)  The child has been in the placement for at least

29  the preceding 6 months;

30  

31  

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 1         (b)  The relative has made a commitment to provide for

 2  the child until the child reaches the age of majority and to

 3  prepare the child for adulthood and independence;

 4         (c)  The relative is suitable and able to provide a

 5  safe and permanent home for the child; and

 6         (d)  The relative agrees to give notice of any change

 7  in his or her residence or the residence of the child by

 8  filing a written document with the clerk of court.

 9         (2)  The department and the guardian ad litem shall

10  provide the court with a recommended list and description of

11  services needed by the child and the family in order to ensure

12  the permanency of the placement.

13         (3)  In its written order placing the child with a fit

14  and willing relative, the court shall:

15         (a)  List the circumstances or reasons why

16  reunification is not possible by referring to specific

17  findings of fact made in its order adjudicating the child

18  dependent or by making separate findings of fact;

19         (b)  State the reasons why permanent placement with a

20  fit and willing relative is being established instead of

21  adoption;

22         (c)  Specify the frequency and nature of visitation or

23  contact between the child and his or her parents;

24         (d)  Specify the frequency and nature of visitation or

25  contact between the child and his or her grandparents, under

26  s. 39.509;

27         (e)  Specify the frequency and nature of visitation or

28  contact between the child and his or her siblings; and

29         (f)  Require that the permanent guardian not return the

30  child to the physical care and custody of the person from whom

31  the child was removed without the approval of the court.

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 1         (4)  The court shall give the relative a separate order

 2  establishing his or her authority to care for the child and

 3  providing other information the court deems proper which can

 4  be provided to entities and individuals who are not parties to

 5  the proceeding as necessary, notwithstanding the

 6  confidentiality of s. 39.202.

 7         (5)  The department shall continue to supervise the

 8  placement with the relative until further court order. The

 9  court shall continue to review the placement at least once

10  every 6 months until the relative becomes an adoptive

11  placement or a permanent guardian of the child.

12         (6)  Each party to the proceeding must be advised by

13  the department and the court that placement with a fit and

14  willing relative does not preclude the possibility of the

15  child returning to the custody of the parent at a later date

16  if the parent demonstrates a material change in circumstances

17  and the court determines that return of the child to the

18  parent is in the best interests of the child.

19         (7)  The court shall continue to conduct permanency

20  hearings in order to reevaluate the possibility of adoption or

21  permanent guardianship of the child.

22         Section 18.  Section 39.6241, Florida Statutes, is

23  created to read:

24         39.6241  Another planned permanent living

25  arrangement.--

26         (1)  If a court finds that reunification is not in the

27  best interests of a child, the court may approve placement of

28  the child in another planned permanent living arrangement if:

29         (a)  The court finds a more permanent placement, such

30  as adoption, permanent guardianship, or placement with a fit

31  

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 1  and willing relative, is not in the best interests of the

 2  child;

 3         (b)  The department documents reasons why the placement

 4  will endure and how the proposed arrangement will be more

 5  stable and secure than ordinary foster care;

 6         (c)  The court finds that the health, safety, and

 7  well-being of the child will not be jeopardized by such an

 8  arrangement; and

 9         (d)  There are compelling reasons to show that another

10  placement is the most appropriate permanency goal. Compelling

11  reasons for another placement may include, but are not limited

12  to:

13         1.  The case of a parent and child who have a

14  significant bond but the parent is unable to care for the

15  child because of an emotional or physical disability and the

16  child's foster parents have committed to raising him or her to

17  the age of majority and to facilitate visitation with the

18  disabled parent;

19         2.  The case of a child for whom an Indian tribe has

20  identified another planned permanent living arrangement for

21  the child; or

22         3.  The case of a foster child who is 16 years of age

23  or older who chooses to remain in foster care and the child's

24  foster parents are willing to care for the child until the

25  child reaches 18 years of age.

26         (2)  The department and the guardian ad litem must

27  provide the court with a recommended list and description of

28  services needed by the child, such as independent living

29  services and medical, dental, educational, or psychological

30  referrals, and a recommended list and description of services

31  needed by his or her caregiver.

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 1         (3)  The permanency placement shall continue until the

 2  child reaches the age of majority and may not be disturbed

 3  absent a finding by the court that the circumstances of the

 4  permanency placement are no longer in the best interests of

 5  the child.

 6         Section 19.  Paragraph (a) of subsection (7), paragraph

 7  (g) of subsection (8), and subsection (9) of section 39.701,

 8  Florida Statutes, are amended, and paragraph (k) is added to

 9  subsection (8) of that section, to read:

10         39.701  Judicial review.--

11         (7)(a)  Before Prior to every judicial review hearing

12  or citizen review panel hearing, the social service agency

13  shall make an investigation and social study concerning all

14  pertinent details relating to the child and shall furnish to

15  the court or citizen review panel a written report that

16  includes, but is not limited to:

17         1.  A description of the type of placement the child is

18  in at the time of the hearing, including the safety of the

19  child and the continuing necessity for and appropriateness of

20  the placement.

21         2.  Documentation of the diligent efforts made by all

22  parties to the case plan to comply with each applicable

23  provision of the plan.

24         3.  The amount of fees assessed and collected during

25  the period of time being reported.

26         4.  The services provided to the foster family or legal

27  custodian in an effort to address the needs of the child as

28  indicated in the case plan.

29         5.  A statement that either:

30  

31  

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 1         a.  The parent, though able to do so, did not comply

 2  substantially with the provisions of the case plan, and the

 3  agency recommendations;

 4         b.  The parent did substantially comply with the

 5  provisions of the case plan; or

 6         c.  The parent has partially complied with the

 7  provisions of the case plan, with a summary of additional

 8  progress needed and the agency recommendations.

 9         6.  A statement from the foster parent or legal

10  custodian providing any material evidence concerning the

11  return of the child to the parent or parents.

12         7.  A statement concerning the frequency, duration, and

13  results of the parent-child visitation, if any, and the agency

14  recommendations for an expansion or restriction of future

15  visitation.

16         8.  The number of times a child has been removed from

17  his or her home and placed elsewhere, the number and types of

18  placements that have occurred, and the reason for the changes

19  in placement.

20         9.  The number of times a child's educational placement

21  has been changed, the number and types of educational

22  placements which have occurred, and the reason for any change

23  in placement.

24         10.  If the child has reached 13 years of age but is

25  not yet 18 years of age, the results of the preindependent

26  living, life skills, or independent living assessment; the

27  specific services needed; and the status of the delivery of

28  the identified services.

29         11.  Copies of all medical, psychological, and

30  educational records that support the terms of the case plan

31  

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 1  and that have been produced concerning the child, parents, or

 2  any caregiver since the last judicial review hearing.

 3         12.  Copies of the child's current health, mental

 4  health, and education records as identified in s. 39.6012.

 5         (8)  The court and any citizen review panel shall take

 6  into consideration the information contained in the social

 7  services study and investigation and all medical,

 8  psychological, and educational records that support the terms

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

10  parent, the foster parent or legal custodian, the guardian ad

11  litem if one has been appointed for the child, and any other

12  person deemed appropriate; and any relevant and material

13  evidence submitted to the court, including written and oral

14  reports to the extent of their probative value. These reports

15  and evidence may be received by the court in its effort to

16  determine the action to be taken with regard to the child and

17  may be relied upon to the extent of their probative value,

18  even though not competent in an adjudicatory hearing. In its

19  deliberations, the court and any citizen review panel shall

20  seek to determine:

21         (g)  Whether the child is receiving safe and proper

22  care according to s. 39.6012, including, but not limited to,

23  the appropriateness of the child's current placement,

24  including whether the child is in a setting that which is as

25  family-like and as close to the parent's home as possible,

26  consistent with the child's best interests and special needs,

27  and including maintaining stability in the child's educational

28  placement.

29         (k)  If amendments to the case plan are required.

30  Amendments to the case plan must be made under s. 39.6013.

31  

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 1         (9)(a)  Based upon the criteria set forth in subsection

 2  (8) and the recommended order of the citizen review panel, if

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

 4  service agency shall initiate proceedings to have a child

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

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

 7  of time, or initiate termination of parental rights

 8  proceedings for subsequent placement in an adoptive home.

 9  Amendments Modifications to the case plan must be prepared

10  handled as prescribed in s. 39.6013 s. 39.601. If the court

11  finds that the prevention or reunification efforts of the

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

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

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

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

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

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

18  not be endangered.

19         (b)  The court shall return the child to the custody of

20  the parents at any time it determines that they have

21  substantially complied with the case plan, if the court is

22  satisfied that reunification will not be detrimental to the

23  child's safety, well-being, and physical, mental, and

24  emotional health.

25         (c)  If, in the opinion of the court, the social

26  service agency has not complied with its obligations as

27  specified in the written case plan, the court may find the

28  social service agency in contempt, shall order the social

29  service agency to submit its plans for compliance with the

30  agreement, and shall require the social service agency to show

31  

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 1  why the child could not safely be returned to the home of the

 2  parents.

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

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

 5  information provided by the social service agency, and the

 6  guardian ad litem, if one has been appointed, the parent or

 7  parents, and the foster parents or legal custodian, and any

 8  other competent information on record demonstrating the need

 9  for the amendment. If the court extends the time limitation of

10  the case plan, the court must make specific findings

11  concerning the frequency of past parent-child visitation, if

12  any, and the court may authorize the expansion or restriction

13  of future visitation. Modifications to the plan must be

14  handled as prescribed in s. 39.601. Any extension of a case

15  plan must comply with the time requirements and other

16  requirements specified by this chapter.

17         (d)(e)  If, at any judicial review, the court finds

18  that the parents have failed to substantially comply with the

19  case plan to the degree that further reunification efforts are

20  without merit and not in the best interest of the child, on

21  its own motion, the court it may order authorize the filing of

22  a petition for termination of parental rights, whether or not

23  the time period as contained in the case plan for substantial

24  compliance has expired elapsed.

25         (e)(f)  No later than 6 12 months after the date that

26  the child was placed in shelter care, the court shall conduct

27  a judicial review hearing to review plan for the child's

28  permanency goal as identified in the case plan. At the hearing

29  the court shall make findings regarding the likelihood of the

30  child's reunification with the parent or legal custodian

31  within 12 months after the removal of the child from the home.

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 1  If, at this hearing, the court makes a written finding that it

 2  is not likely that the child will be reunified with the parent

 3  or legal custodian within 12 months after the child was

 4  removed from the home, the department must file with the

 5  court, and serve on all parties, a motion to amend the case

 6  plan under s. 39.6013 and declare that it will use concurrent

 7  planning for the case plan. The department must file the

 8  motion no later than 10 business days after receiving the

 9  written finding of the court. The department must attach the

10  proposed amended case plan to the motion. If concurrent

11  planning is already being used, the case plan must document

12  the efforts the department is taking to complete the

13  concurrent goal. At this hearing, if the child is not returned

14  to the physical custody of the parents, the case plan may be

15  extended with the same goals only if the court finds that the

16  situation of the child is so extraordinary that the plan

17  should be extended. The case plan must document steps the

18  department is taking to find an adoptive parent or other

19  permanent living arrangement for the child.

20         (f)(g)  The court may issue a protective order in

21  assistance, or as a condition, of any other order made under

22  this part. In addition to the requirements included in the

23  case plan, the protective order may set forth requirements

24  relating to reasonable conditions of behavior to be observed

25  for a specified period of time by a person or agency who is

26  before the court; and the such order may require any such

27  person or agency to make periodic reports to the court

28  containing such information as the court in its discretion may

29  prescribe.

30         Section 20.  Section 39.703, Florida Statutes, is

31  amended to read:

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 1         39.703  Initiation of termination of parental rights

 2  proceedings; judicial review.--

 3         (1)  If, in preparation for a any judicial review

 4  hearing under this chapter, it is the opinion of the social

 5  service agency that the parents of the child have not complied

 6  with their responsibilities as specified in the written case

 7  plan although able to do so, the department shall state its

 8  intent to initiate proceedings to terminate parental rights,

 9  unless the social service agency can demonstrate to the court

10  that such a recommendation would not be in the child's best

11  interests. If it is the intent of the department to initiate

12  proceedings to terminate parental rights, the department shall

13  file a petition for termination of parental rights no later

14  than 3 months after the date of the previous judicial review

15  hearing. If the petition cannot be filed within 3 months, the

16  department shall provide a written report to the court

17  outlining the reasons for delay, the progress made in the

18  termination of parental rights process, and the anticipated

19  date of completion of the process.

20         (2)  If, at the time of the 12-month judicial review

21  hearing, a child is not returned to the physical custody of

22  the parents, the department shall file a petition to terminate

23  parental rights or, if a petition to terminate parental rights

24  has been filed by another party, seek to be joined as a party

25  to the petition previously filed. The court shall set an

26  advisory hearing at the judicial review hearing if an advisory

27  hearing has not previously been set. initiate termination of

28  parental rights proceedings under this chapter within 30 days.

29  Only if the court finds that the situation of the child is so

30  extraordinary and that the best interests of the child will be

31  met by such action at the time of the judicial review may the

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 1  case plan be extended. If the court decides to extend the

 2  plan, the court shall enter detailed findings justifying the

 3  decision to extend, as well as the length of the extension. A

 4  termination of parental rights petition need not be filed if:

 5  the child is being cared for by a relative who chooses not to

 6  adopt the child but who is willing, able, and suitable to

 7  serve as the legal custodian for the child until the child

 8  reaches 18 years of age; the court determines that filing such

 9  a petition would not be in the best interests of the child; or

10  the state has not provided the child's parent, when reasonable

11  efforts to return a child are required, consistent with the

12  time period in the state's case plan, such services as the

13  state deems necessary for the safe return of the child to his

14  or her home. Failure to initiate termination of parental

15  rights proceedings at the time of the 12-month judicial review

16  or within 30 days after such review does not prohibit

17  initiating termination of parental rights proceedings at any

18  other time.

19         (3)  Notwithstanding subsection (2), the department may

20  choose not to file or join in a petition to terminate the

21  parental rights of a parent under subsection (2) if:

22         (a)  The child is being cared for by a relative;

23         (b)  The department has documented in the case plan a

24  compelling reason for determining that filing such a petition

25  would not be in the best interests of the child. Compelling

26  reasons for not filing or joining a petition to terminate

27  parental rights may include, but are not limited to:

28         1.  Adoption is not the appropriate permanency goal for

29  the child;

30         2.  No grounds to file a petition to terminate parental

31  rights exist;

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 1         3.  The child is an unaccompanied refugee minor as

 2  defined in 45 C.F.R. 400.111;

 3         4.  There are international legal obligations or

 4  compelling foreign-policy reasons that would preclude

 5  terminating parental rights; or

 6         5.  The department has not provided to the family,

 7  consistent with the time period in the case plan, services

 8  that the department deems necessary for the safe return of the

 9  child to the home.

10         Section 21.  Subsections (1) and (2) of section 39.806,

11  Florida Statutes, are amended to read:

12         39.806  Grounds for termination of parental rights.--

13         (1)  The department, the guardian ad litem, or any

14  person who has knowledge of the facts alleged or who is

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

16  petition Grounds for the termination of parental rights may be

17  established under any of the following circumstances:

18         (a)  When the parent or parents have voluntarily

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

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

21  department for subsequent adoption and the department is

22  willing to accept custody of the child.

23         1.  The surrender document must be executed before two

24  witnesses and a notary public or other person authorized to

25  take acknowledgments.

26         2.  The surrender and consent may be withdrawn after

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

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

29  duress.

30  

31  

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

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

 3  cannot be ascertained by diligent search within 60 days.

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

 5  toward the child or toward other children that demonstrates

 6  that the continuing involvement of the parent or parents in

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

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

 9  child irrespective of the provision of services. Provision of

10  services may be evidenced by proof that services were provided

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

12  welfare agency.

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

14  state or federal correctional institution and either:

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

16  to be incarcerated will constitute a substantial portion of

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

18  years;

19         2.  The incarcerated parent has been determined by the

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

21  775.084, a habitual violent felony offender as defined in s.

22  775.084, or a sexual predator as defined in s. 775.21; has

23  been convicted of first degree or second degree murder in

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

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

26  or has been convicted of an offense in another jurisdiction

27  which is substantially similar to one of the offenses listed

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

29  "substantially similar offense" means any offense that is

30  substantially similar in elements and penalties to one of

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

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

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

 3  possession or territory thereof, or any foreign jurisdiction;

 4  or

 5         3.  The court determines by clear and convincing

 6  evidence that continuing the parental relationship with the

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

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

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

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

11  also be filed When a child has been adjudicated dependent, a

12  case plan has been filed with the court, and:

13         1.  The child continues to be abused, neglected, or

14  abandoned by the parents. In this case, the failure of the

15  parents to substantially comply for a period of 12 months

16  after an adjudication of the child as a dependent child or the

17  child's placement into shelter care, whichever came first,

18  constitutes evidence of continuing abuse, neglect, or

19  abandonment unless the failure to substantially comply with

20  the case plan was due either to the lack of financial

21  resources of the parents or to the failure of the department

22  to make reasonable efforts to reunify the parent and child.

23  The Such 12-month period begins may begin to run only after

24  the child's placement into shelter care or the entry of a

25  disposition order placing the custody of the child with the

26  department or a person other than the parent and the approval

27  by the court of a case plan with a goal of reunification with

28  the parent, whichever came first; or.

29         2.  Time is of the essence for permanency of children

30  in the dependency system. Material breach of the case plan is

31  grounds for termination of parental rights under this

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 1  subsection before the expiration of the time period in the

 2  case plan for substantial compliance. In order to prove the

 3  parent has materially breached the case plan, the court must

 4  find by clear and convincing evidence that the parent is

 5  unlikely or unable to substantially comply with the case plan

 6  before time expires to comply with the case plan.

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

 8  conduct or had the opportunity and capability to prevent and

 9  knowingly failed to prevent egregious conduct that threatens

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

11  the child or the child's sibling.

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

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

14  parent or parents regardless of whether the child is related

15  legally or by consanguinity.

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

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

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

19  or outrageous by a normal standard of conduct. Egregious

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

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

22  endanger the life of the child.

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

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

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

26  chronic abuse.

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

28  or voluntary manslaughter of another child, or a felony

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

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

31  

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 1  solicited to commit such a murder or voluntary manslaughter or

 2  felony assault.

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

 4  sibling have been terminated involuntarily.

 5         (2)  Reasonable efforts to preserve and reunify

 6  families are shall not be required if a court of competent

 7  jurisdiction has determined that any of the events described

 8  in paragraphs (1)(e)-(i) have occurred.

 9         Section 22.  Subsection (1) of section 39.810, Florida

10  Statutes, is amended to read:

11         39.810  Manifest best interests of the child.--In a

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

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

14  This consideration shall not include a comparison between the

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

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

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

18  court shall consider and evaluate all relevant factors,

19  including, but not limited to:

20         (1)  Any suitable permanent custody arrangement with a

21  relative of the child. However, the availability of a

22  nonadoptive placement with a relative may not receive greater

23  consideration than any other factor weighing on the manifest

24  best interest of the child and may not be considered as a

25  factor weighing against termination of parental rights. If a

26  child has been in a stable or preadoptive placement for not

27  less than 6 months, the availability of a different placement,

28  including a placement with a relative, may not be considered

29  as a ground to deny the termination of parental rights.

30         Section 23.  Subsection (4) of section 39.811, Florida

31  Statutes, is amended to read:

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 1         39.811  Powers of disposition; order of disposition.--

 2         (4)  If the child is neither in the custody of the

 3  department nor in the custody of a parent and the court finds

 4  that the grounds for termination of parental rights have been

 5  established for either or both parents, the court shall enter

 6  an order terminating parental rights for the parent or parents

 7  for whom the grounds for termination have been established and

 8  placing the child with the department or an appropriate legal

 9  custodian. If the parental rights of both parents have been

10  terminated, or if the parental rights of only one parent have

11  been terminated and the court makes specific findings based on

12  evidence presented that placement with the remaining parent is

13  likely to be harmful to the child, the court may order that

14  the child be placed with a legal custodian other than the

15  department after hearing evidence of the suitability of the

16  such intended placement. Suitability of the intended placement

17  includes the fitness and capabilities of the proposed legal

18  custodian to function as the primary caregiver for a

19  particular child; and the compatibility of the child with the

20  home in which the child is intended to be placed.  If the

21  court orders that a child be placed with a legal custodian

22  under this subsection, the court shall appoint a such legal

23  custodian either as the guardian for the child as provided in

24  s. 744.3021, a permanent guardian of a dependent child under

25  s. 39.6221, or a permanent placement with a fit and willing

26  relative under s. 39.6231 or as the long-term custodian of the

27  child as provided in s. 39.622 so long as the child has been

28  residing with the legal custodian for a minimum of 6 months.

29  The court may modify the order placing the child in the

30  custody of the legal custodian and revoke the guardianship

31  established under s. 744.3021 or another the long-term

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 1  custodial relationship if the court subsequently finds the

 2  placement to be no longer in the best interest of the child.

 3         Section 24.  Paragraph (b) of subsection (3) of section

 4  39.0015, Florida Statutes, is amended to read:

 5         39.0015  Child abuse prevention training in the

 6  district school system.--

 7         (3)  DEFINITIONS.--As used in this section:

 8         (b)  "Child abuse" means those acts as defined in ss.

 9  39.01(1), (2), (32), (42), (44), (55) (30), (43), (45), (52),

10  and (62) (63), 827.04, and 984.03(1), (2), and (37).

11         Section 25.  Subsection (5) of section 39.205, Florida

12  Statutes, is amended to read:

13         39.205  Penalties relating to reporting of child abuse,

14  abandonment, or neglect.--

15         (5)  If the department or its authorized agent has

16  determined after its investigation that a report is false, the

17  department shall, with the consent of the alleged perpetrator,

18  refer the report to the local law enforcement agency having

19  jurisdiction for an investigation to determine whether

20  sufficient evidence exists to refer the case for prosecution

21  for filing a false report as defined in s. 39.01(28) s.

22  39.01(27). During the pendency of the investigation by the

23  local law enforcement agency, the department must notify the

24  local law enforcement agency of, and the local law enforcement

25  agency must respond to, all subsequent reports concerning

26  children in that same family in accordance with s. 39.301.  If

27  the law enforcement agency believes that there are indicators

28  of abuse, abandonment, or neglect, it must immediately notify

29  the department, which must assure the safety of the children.

30  If the law enforcement agency finds sufficient evidence for

31  

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 1  prosecution for filing a false report, it must refer the case

 2  to the appropriate state attorney for prosecution.

 3         Section 26.  Subsection (1) of section 39.302, Florida

 4  Statutes, is amended to read:

 5         39.302  Protective investigations of institutional

 6  child abuse, abandonment, or neglect.--

 7         (1)  The department shall conduct a child protective

 8  investigation of each report of institutional child abuse,

 9  abandonment, or neglect.  Upon receipt of a report that

10  alleges that an employee or agent of the department, or any

11  other entity or person covered by s. 39.01(33) or (46) s.

12  39.01(31) or (47), acting in an official capacity, has

13  committed an act of child abuse, abandonment, or neglect, the

14  department shall initiate a child protective investigation

15  within the timeframe established by the central abuse hotline

16  under pursuant to s. 39.201(5) and orally notify the

17  appropriate state attorney, law enforcement agency, and

18  licensing agency. These agencies shall immediately conduct a

19  joint investigation, unless independent investigations are

20  more feasible. When conducting investigations onsite or having

21  face-to-face interviews with the child, such investigation

22  visits shall be unannounced unless it is determined by the

23  department or its agent that the such unannounced visits would

24  threaten the safety of the child.  When a facility is exempt

25  from licensing, the department shall inform the owner or

26  operator of the facility of the report.  Each agency

27  conducting a joint investigation is shall be entitled to full

28  access to the information gathered by the department in the

29  course of the investigation. A protective investigation must

30  include an onsite visit of the child's place of residence. In

31  all cases, the department shall make a full written report to

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 1  the state attorney within 3 working days after making the oral

 2  report. A criminal investigation shall be coordinated,

 3  whenever possible, with the child protective investigation of

 4  the department. Any interested person who has information

 5  regarding the offenses described in this subsection may

 6  forward a statement to the state attorney as to whether

 7  prosecution is warranted and appropriate. Within 15 days after

 8  the completion of the investigation, the state attorney shall

 9  report the findings to the department and shall include in the

10  such report a determination of whether or not prosecution is

11  justified and appropriate in view of the circumstances of the

12  specific case.

13         Section 27.  For the purpose of incorporating the

14  amendments made by this act to section 39.806, Florida

15  Statutes, in a reference thereto, subsection (5) of section

16  39.802, Florida Statutes, is reenacted to read:

17         39.802  Petition for termination of parental rights;

18  filing; elements.--

19         (5)  When a petition for termination of parental rights

20  is filed under s. 39.806(1), a separate petition for

21  dependency need not be filed and the department need not offer

22  the parents a case plan with a goal of reunification, but may

23  instead file with the court a case plan with a goal of

24  termination of parental rights to allow continuation of

25  services until the termination is granted or until further

26  orders of the court are issued.

27         Section 28.  Subsection (1) of section 39.828, Florida

28  Statutes, is amended to read:

29         39.828  Grounds for appointment of a guardian

30  advocate.--

31  

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 1         (1)  The court shall appoint the person named in the

 2  petition as a guardian advocate with all the powers and duties

 3  specified in s. 39.829 for an initial term of 1 year upon a

 4  finding that:

 5         (a)  The child named in the petition is or was a drug

 6  dependent newborn as described in s. 39.01(32)(g) s.

 7  39.01(30)(g);

 8         (b)  The parent or parents of the child have

 9  voluntarily relinquished temporary custody of the child to a

10  relative or other responsible adult;

11         (c)  The person named in the petition to be appointed

12  the guardian advocate is capable of carrying out the duties as

13  provided in s. 39.829; and

14         (d)  A petition to adjudicate the child dependent under

15  pursuant to this chapter has not been filed.

16         Section 29.  Subsection (3) of section 63.092, Florida

17  Statutes, is amended to read:

18         63.092  Report to the court of intended placement by an

19  adoption entity; at-risk placement; preliminary study.--

20         (3)  PRELIMINARY HOME STUDY.--Before placing the minor

21  in the intended adoptive home, a preliminary home study must

22  be performed by a licensed child-placing agency, a

23  child-caring agency registered under s. 409.176, a licensed

24  professional, or agency described in s. 61.20(2), unless the

25  adoptee is an adult or the petitioner is a stepparent or a

26  relative. If the adoptee is an adult or the petitioner is a

27  stepparent or a relative, a preliminary home study may be

28  required by the court for good cause shown. The department is

29  required to perform the preliminary home study only if there

30  is no licensed child-placing agency, child-caring agency

31  registered under s. 409.176, licensed professional, or agency

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 1  described in s. 61.20(2), in the county where the prospective

 2  adoptive parents reside. The preliminary home study must be

 3  made to determine the suitability of the intended adoptive

 4  parents and may be completed prior to identification of a

 5  prospective adoptive minor. A favorable preliminary home study

 6  is valid for 1 year after the date of its completion. Upon its

 7  completion, a copy of the home study must be provided to the

 8  intended adoptive parents who were the subject of the home

 9  study. A minor may not be placed in an intended adoptive home

10  before a favorable preliminary home study is completed unless

11  the adoptive home is also a licensed foster home under s.

12  409.175. The preliminary home study must include, at a

13  minimum:

14         (a)  An interview with the intended adoptive parents;

15         (b)  Records checks of the department's central abuse

16  registry and criminal records correspondence checks under s.

17  39.0138 pursuant to s. 435.045 through the Department of Law

18  Enforcement on the intended adoptive parents;

19         (c)  An assessment of the physical environment of the

20  home;

21         (d)  A determination of the financial security of the

22  intended adoptive parents;

23         (e)  Documentation of counseling and education of the

24  intended adoptive parents on adoptive parenting;

25         (f)  Documentation that information on adoption and the

26  adoption process has been provided to the intended adoptive

27  parents;

28         (g)  Documentation that information on support services

29  available in the community has been provided to the intended

30  adoptive parents; and

31  

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 1         (h)  A copy of each signed acknowledgment of receipt of

 2  disclosure required by s. 63.085.

 3  

 4  If the preliminary home study is favorable, a minor may be

 5  placed in the home pending entry of the judgment of adoption.

 6  A minor may not be placed in the home if the preliminary home

 7  study is unfavorable. If the preliminary home study is

 8  unfavorable, the adoption entity may, within 20 days after

 9  receipt of a copy of the written recommendation, petition the

10  court to determine the suitability of the intended adoptive

11  home. A determination as to suitability under this subsection

12  does not act as a presumption of suitability at the final

13  hearing. In determining the suitability of the intended

14  adoptive home, the court must consider the totality of the

15  circumstances in the home. No minor may be placed in a home in

16  which there resides any person determined by the court to be a

17  sexual predator as defined in s. 775.21 or to have been

18  convicted of an offense listed in s. 63.089(4)(b)2.

19         Section 30.  Paragraph (d) of subsection (1) of section

20  419.001, Florida Statutes, is amended to read:

21         419.001  Site selection of community residential

22  homes.--

23         (1)  For the purposes of this section, the following

24  definitions shall apply:

25         (d)  "Resident" means any of the following: a frail

26  elder as defined in s. 400.618; a physically disabled or

27  handicapped person as defined in s. 760.22(7)(a); a

28  developmentally disabled person as defined in s. 393.063; a

29  nondangerous mentally ill person as defined in s. 394.455(18);

30  or a child who is found to be dependent or a child in need of

31  

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7056
    586-692D-06




 1  services as defined in s. 39.01(14), s. 984.03(9) or (12), or

 2  s. 985.03(8).

 3         Section 31.  Sections 39.601, 39.622, 39.623, 39.624,

 4  and 435.045, Florida Statutes, are repealed.

 5         Section 32.  This act shall take effect July 1, 2006.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Provides for time limitations in child protective cases.
      Provides exceptions. Provides that state laws do not
10    supersede certain federal laws. Authorizes the Department
      of Children and Family Services to conduct criminal
11    background record checks of persons being considered as
      prospective foster parents. Provides for exemptions from
12    disqualifications to care for a dependent child. Provides
      that the department may rely upon information in previous
13    reports. Requires that a shelter hearing order contain
      specified information relating to the availability of
14    services to prevent removal from the home. Requires the
      court to inquire of the parents whether the parents have
15    relatives who might be considered as a placement for the
      child. Requires the department to prepare a case plan for
16    each child receiving services from the department.
      Requires certain face-to-face meetings. Provides for the
17    content of the case plan. Declares that time is of the
      essence for a child in the dependency system. Directs the
18    court to make certain findings at the permanency hearing.
      Provides for permanent guardianship for a dependent
19    child. Authorizes the court to consider a permanent
      guardian as a long-term option for a dependent child.
20    Provides for the contents of the permanent guardianship
      order. Authorizes a parent to petition to modify the
21    permanent guardianship order. Provides for the placement
      of a child with a fit and willing relative.  Requires the
22    court to specify the reasons for placing a child with a
      relative. Requires the department to supervise the
23    placement for a specified time period. Authorizes the
      court to place a child in an alternative planned
24    permanent living arrangement under certain circumstances.
      Requires that a child's current health and education
25    records be included in the documentation for the judicial
      review report. Provides when the department may file a
26    petition for termination of parental rights. Prohibits
      the department from filing a petition under certain
27    specified circumstances. Authorizes a material breach of
      the case plan to be a ground to terminate parental
28    rights. Requires that the department show, and requires
      the court to find, that the material breach is proven by
29    clear and convincing evidence. (See bill for details.)

30  

31  

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