HB 7123

CS

CHAMBER ACTION

1	The Health & Families Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to child protective services; amending s.
7	39.01, F.S.; revising definitions relating to child
8	protective services; amending s. 39.0121, F.S.; providing
9	rulemaking authority to the Department of Children and
10	Family Services to provide certain information in a
11	child's case plan to physical custodians and family
12	services counselors under certain circumstances; amending
13	s. 39.013, F.S.; removing provisions relating to
14	continuances; creating s. 39.0136, F.S.; providing for
15	time limitations and circumstances under which a
16	continuance may be granted in child protective cases;
17	providing exceptions; creating s. 39.0137, F.S.; providing
18	that state laws do not supersede certain federal laws;
19	requiring the Department of Children and Family Services
20	to adopt rules; creating s. 39.0138, F.S.; requiring the
21	department to conduct criminal history records checks of
22	persons being considered as prospective foster parents;
23	specifying information the criminal records checks may
24	include; prohibiting the department from placing a child
25	with a person other than a parent under certain
26	circumstances; requiring persons with whom placement of a
27	child is being considered or approved to disclose certain
28	information; providing that a court may review the
29	granting or denial of an exemption from disqualification
30	to care for a dependent child; providing that a person
31	seeking placement of a child who is disqualified bears the
32	burden of providing evidence of rehabilitation; amending
33	s. 39.201, F.S.; requiring that any person who knows or
34	suspects that a child is in need of supervision and care
35	and has no parent, legal custodian, or responsible adult
36	relative immediately known and available to provide
37	supervision and care must report this information to the
38	central abuse hotline of the Department of Children and
39	Family Services; amending s. 39.301, F.S.; redefining the
40	term "criminal conduct" to include a child who is known or
41	suspected to be a victim of human trafficking; requiring
42	each child protective investigator to inform the person
43	who is the subject of a child protective investigation
44	that he or she has a duty to report any change in the
45	residence or location of the child to the investigator and
46	that the duty to report continues until the investigation
47	is closed; providing that the department may rely upon a
48	previous report to indicate that child abuse has occurred;
49	providing that if the child has moved to a different
50	residence or location, a report may be filed with a law
51	enforcement agency under certain circumstances; amending
52	39.303, F.S.; conforming provisions to changes made by the
53	act; amending s. 39.402, F.S.; requiring that a shelter
54	hearing order contain specified information relating to
55	the availability of services to prevent removal from the
56	home; requiring notification of certain parties regarding
57	case plan or family team conferences or mediation;
58	providing a timeframe for the conference or mediation;
59	requiring a parent to provide certain information
60	regarding relatives with whom a child may be placed under
61	certain circumstances; providing circumstances under which
62	parental rights may be terminated and the child's out-of-
63	home placement may become permanent; amending s. 39.507,
64	F.S.; requiring the court to inquire of the parents
65	whether the parents have relatives who might be considered
66	as a placement for the child; directing the court to
67	advise the parents that, if the child is not returned to
68	their custody within 12 months, their parental rights may
69	be terminated and the child's out-of-home placement may
70	become permanent; amending s. 39.5085, F.S.; conforming
71	provisions to changes made by the act; correcting cross-
72	references; amending s. 39.521, F.S.; revising the content
73	of an order of disposition issued by the court; amending
74	s. 39.522, F.S.; requiring the court to consider the
75	continuity of the child's placement in the same out-of-
76	home residence as a factor when determining the best
77	interest of the child in a postdisposition proceeding to
78	modify custody; creating s. 39.6011, F.S.; providing
79	procedures for drafting and implementing a case plan;
80	requiring certain face-to-face meetings; specifying
81	contents of a case plan; requiring the department to
82	prepare a case plan for each child receiving services from
83	the department; requiring all parties, except the child
84	under certain circumstances, to sign the case plan;
85	requiring the case plan to provide certain documentation
86	when the permanency goal for the child is adoption;
87	requiring the department to follow certain procedures;
88	requiring the case plan to be filed with the court and
89	copies to be provided to all parties; requiring certain
90	information to follow a child until permanency is
91	achieved; creating s. 39.6012, F.S.; providing for case
92	plan tasks and services; requiring a parent to complete
93	certain tasks in order to receive certain services;
94	providing for the content of case plans; creating s.
95	39.6013, F.S.; providing for amendments to a case plan;
96	describing the circumstances under which a case plan may
97	be modified; requiring certain information to be included
98	in amendments to a case plan; requiring copies to be
99	distributed to specified parties; amending s. 39.603,
100	F.S.; requiring that case plans and amendments be approved
101	by the court and that copies of the amended plan be
102	provided to certain parties; amending s. 39.621, F.S.;
103	providing a legislative finding; requiring a permanency
104	hearing to be held within a specified timeframe;
105	specifying permanency goals; providing prehearing
106	procedures; directing the court to make certain findings
107	at the permanency hearing; requiring certain factors to be
108	considered by the court in determining the permanency goal
109	for the child; permitting parents to make a motion for
110	reunification or increased contact under certain
111	circumstances; providing that certain placements do not
112	terminate the relationship between the parent and the
113	child; creating s. 39.6221, F.S.; providing for the
114	permanent guardianship for a dependent child; authorizing
115	the court to consider a permanent guardian as a long-term
116	option for a dependent child; requiring a written order;
117	providing for the contents of the permanent guardianship
118	order; exempting the permanent guardianship of a child
119	from the requirements of ch. 744, F.S., under certain
120	circumstances; providing for the court to retain
121	jurisdiction; providing that placement in permanent
122	guardianship does not terminate the relationship between
123	the parent and the child; creating s. 39.6231, F.S.;
124	providing circumstances for placement of a child with a
125	fit and willing relative; requiring the court to specify
126	the reasons to place a child with a relative; requiring
127	the court to establish the relative's authority to care
128	for the child; providing for the department to supervise
129	the placement for a specified time period; requiring the
130	court to continue to conduct permanency hearings; creating
131	s. 39.6241, F.S.; authorizing the court to place a child
132	in another planned permanent living arrangement under
133	certain circumstances; requiring the department and
134	guardian ad litem to provide the court with certain
135	information regarding the needs of the child; requiring
136	the department to supervise the living arrangement until
137	further court order and specifying how often a court must
138	review a placement; amending s. 39.701, F.S.; requiring
139	that a child's current health, mental health, and
140	education records be included in the documentation for the
141	judicial review report; authorizing the court and citizen
142	review panel to make certain determinations; providing for
143	amendments to a case plan; removing a provision relating
144	to the extension of a time limitation or the modification
145	of terms of a case plan; requiring the court to conduct a
146	judicial review 6 months after the child is placed in
147	shelter care; creating s. 39.8055, F.S.; providing when
148	the department may file a petition for termination of
149	parental rights; providing circumstances under which the
150	department may choose not to file a petition; providing
151	for court review of a determination by the department not
152	to file a petition; amending s. 39.806, F.S.; authorizing
153	a material breach of the case plan as a ground to
154	terminate parental rights; requiring that the department
155	show, and the court find, the material breach by clear and
156	convincing evidence; amending s. 39.810, F.S.; providing
157	certain factors for the court to consider for the best
158	interest of the child; amending ss. 39.811 and 409.165,
159	F.S.; conforming provisions to changes made by the act;
160	amending ss. 39.0015, 39.205, 39.302, 39.828, 63.092,
161	409.1685, and 419.001, F.S.; correcting cross-references;
162	reenacting s. 39.802(5), F.S., relating to the filing of a
163	petition to terminate parental rights, to incorporate the
164	amendments made to s. 39.806, F.S., in a reference
165	thereto; repealing ss. 39.601, 39.622, 39.623, 39.624,
166	39.703, and 435.045, F.S., relating to case plan
167	requirements, long-term custody of a dependent child,
168	long-term licensed custody of a dependent child,
169	independent living, initiation and judicial review of
170	termination of parental rights proceedings, and background
171	screening of certain persons before a dependent child is
172	placed in their home; providing an effective date.
173
174	Be It Enacted by the Legislature of the State of Florida:
175
176	Section 1.  Section 39.01, Florida Statutes, is amended to
177	read:
178	39.01  Definitions.--When used in this chapter, unless the
179	context otherwise requires:
180	(1)  "Abandoned" means a situation in which the parent or
181	legal custodian of a child or, in the absence of a parent or
182	legal custodian, the caregiver responsible for the child's
183	welfare, while being able, makes no provision for the child's
184	support and makes no effort to communicate with the child, which
185	situation is sufficient to evince a willful rejection of
186	parental obligations. If the efforts of the such parent or legal
187	custodian, or caregiver primarily responsible for the child's
188	welfare, to support and communicate with the child are, in the
189	opinion of the court, only marginal efforts that do not evince a
190	settled purpose to assume all parental duties, the court may
191	declare the child to be abandoned. The term "abandoned" does not
192	include an abandoned newborn infant as described in s. 383.50, a
193	"child in need of services" as defined in chapter 984, or a
194	"family in need of services" as defined in chapter 984. The
195	incarceration of a parent, legal custodian, or caregiver
196	responsible for a child's welfare may support a finding of
197	abandonment.
198	(2)  "Abuse" means any willful act or threatened act that
199	results in any physical, mental, or sexual injury or harm that
200	causes or is likely to cause the child's physical, mental, or
201	emotional health to be significantly impaired. Abuse of a child
202	includes acts or omissions. Corporal discipline of a child by a
203	parent or legal custodian for disciplinary purposes does not in
204	itself constitute abuse when it does not result in harm to the
205	child.
206	(3)  "Addictions receiving facility" means a substance
207	abuse service provider as defined in chapter 397.
208	(4)  "Adjudicatory hearing" means a hearing for the court
209	to determine whether or not the facts support the allegations
210	stated in the petition in dependency cases or in termination of
211	parental rights cases.
212	(5)  "Adult" means any natural person other than a child.
213	(6)  "Adoption" means the act of creating the legal
214	relationship between parent and child where it did not exist,
215	thereby declaring the child to be legally the child of the
216	adoptive parents and their heir at law, and entitled to all the
217	rights and privileges and subject to all the obligations of a
218	child born to the such adoptive parents in lawful wedlock.
219	(7)  "Alleged juvenile sexual offender" means:
220	(a)  A child 12 years of age or younger who is alleged to
221	have committed a violation of chapter 794, chapter 796, chapter
222	800, s. 827.071, or s. 847.0133; or
223	(b)  A child who is alleged to have committed any violation
224	of law or delinquent act involving juvenile sexual abuse.
225	"Juvenile sexual abuse" means any sexual behavior which occurs
226	without consent, without equality, or as a result of coercion.
227	For purposes of this paragraph, the following definitions apply:
228	1.  "Coercion" means the exploitation of authority or the
229	use of bribes, threats of force, or intimidation to gain
230	cooperation or compliance.
231	2.  "Equality" means two participants operating with the
232	same level of power in a relationship, neither being controlled
233	nor coerced by the other.
234	3.  "Consent" means an agreement, including all of the
235	following:
236	a.  Understanding what is proposed based on age, maturity,
237	developmental level, functioning, and experience.
238	b.  Knowledge of societal standards for what is being
239	proposed.
240	c.  Awareness of potential consequences and alternatives.
241	d.  Assumption that agreement or disagreement will be
242	accepted equally.
243	e.  Voluntary decision.
244	f.  Mental competence.
245
246	Juvenile sexual offender behavior ranges from noncontact sexual
247	behavior such as making obscene phone calls, exhibitionism,
248	voyeurism, and the showing or taking of lewd photographs to
249	varying degrees of direct sexual contact, such as frottage,
250	fondling, digital penetration, rape, fellatio, sodomy, and
251	various other sexually aggressive acts.
252	(8)  "Arbitration" means a process whereby a neutral third
253	person or panel, called an arbitrator or an arbitration panel,
254	considers the facts and arguments presented by the parties and
255	renders a decision which may be binding or nonbinding.
256	(9)  "Authorized agent" or "designee" of the department
257	means an employee, volunteer, or other person or agency
258	determined by the state to be eligible for state-funded risk
259	management coverage, which that is assigned or designated by the
260	department to perform duties or exercise powers under pursuant
261	to this chapter.
262	(10)  "Caregiver" means the parent, legal custodian,
263	permanent guardian, adult household member, or other person
264	responsible for a child's welfare as defined in subsection (46)
265	(47).
266	(11)  "Case plan" or "plan" means a document, as described
267	in s. 39.6011 s. 39.601, prepared by the department with input
268	from all parties. The case plan follows the child from the
269	provision of voluntary services through any dependency, foster
270	care, or termination of parental rights proceeding or related
271	activity or process.
272	(12)  "Child" or "youth" means any unmarried person under
273	the age of 18 years who has not been emancipated by order of the
274	court.
275	(13)  "Child protection team" means a team of professionals
276	established by the Department of Health to receive referrals
277	from the protective investigators and protective supervision
278	staff of the department and to provide specialized and
279	supportive services to the program in processing child abuse,
280	abandonment, or neglect cases. A child protection team shall
281	provide consultation to other programs of the department and
282	other persons regarding child abuse, abandonment, or neglect
283	cases.
284	(14)  "Child who is found to be dependent" means a child
285	who, pursuant to this chapter, is found by the court:
286	(a)  To have been abandoned, abused, or neglected by the
287	child's parent or parents or legal custodians;
288	(b)  To have been surrendered to the department, the former
289	Department of Health and Rehabilitative Services, or a licensed
290	child-placing agency for purpose of adoption;
291	(c)  To have been voluntarily placed with a licensed child-
292	caring agency, a licensed child-placing agency, an adult
293	relative, the department, or the former Department of Health and
294	Rehabilitative Services, after which placement, under the
295	requirements of this chapter, a case plan has expired and the
296	parent or parents or legal custodians have failed to
297	substantially comply with the requirements of the plan;
298	(d)  To have been voluntarily placed with a licensed child-
299	placing agency for the purposes of subsequent adoption, and a
300	parent or parents have signed a consent pursuant to the Florida
301	Rules of Juvenile Procedure;
302	(e)  To have no parent or legal custodians capable of
303	providing supervision and care; or
304	(f)  To be at substantial risk of imminent abuse,
305	abandonment, or neglect by the parent or parents or legal
306	custodians.
307	(15)  "Child support" means a court-ordered obligation,
308	enforced under chapter 61 and ss. 409.2551-409.2597, for
309	monetary support for the care, maintenance, training, and
310	education of a child.
311	(16)  "Circuit" means any of the 20 judicial circuits as
312	set forth in s. 26.021.
313	(17)  "Comprehensive assessment" or "assessment" means the
314	gathering of information for the evaluation of a child's and
315	caregiver's physical, psychiatric, psychological or mental
316	health, educational, vocational, and social condition and family
317	environment as they relate to the child's and caregiver's need
318	for rehabilitative and treatment services, including substance
319	abuse treatment services, mental health services, developmental
320	services, literacy services, medical services, family services,
321	and other specialized services, as appropriate.
322	(18)  "Concurrent planning" means establishing a permanency
323	goal in a case plan that uses reasonable efforts to reunify the
324	child with the parent, while at the same time establishing
325	another goal that must be one of the following options:
326	(a)  Adoption when a petition for termination of parental
327	rights has been filed or will be filed;
328	(b)  Permanent guardianship of a dependent child under s.
329	39.6221;
330	(c)  Permanent placement with a fit and willing relative
331	under s. 39.6231; or
332	(d)  Placement in another planned permanent living
333	arrangement under s. 39.6241.
334	(19)(18)  "Court," unless otherwise expressly stated, means
335	the circuit court assigned to exercise jurisdiction under this
336	chapter.
337	(20)(19)  "Department" means the Department of Children and
338	Family Services.
339	(21)(20)  "Diligent efforts by a parent" means a course of
340	conduct which results in a reduction in risk to the child in the
341	child's home that would allow the child to be safely placed
342	permanently back in the home as set forth in the case plan.
343	(22)(21)  "Diligent efforts of social service agency" means
344	reasonable efforts to provide social services or reunification
345	services made by any social service agency that is a party to a
346	case plan.
347	(23)(22)  "Diligent search" means the efforts of a social
348	service agency to locate a parent or prospective parent whose
349	identity or location is unknown, initiated as soon as the social
350	service agency is made aware of the existence of such parent,
351	with the search progress reported at each court hearing until
352	the parent is either identified and located or the court excuses
353	further search.
354	(24)(23)  "Disposition hearing" means a hearing in which
355	the court determines the most appropriate protections, services,
356	and placement for the child in dependency cases.
357	(25)(24)  "District" means any one of the 15 service
358	districts of the department established pursuant to s. 20.19.
359	(26)(25)  "District administrator" means the chief
360	operating officer of each service district of the department as
361	defined in s. 20.19(5) and, where appropriate, includes any
362	district administrator whose service district falls within the
363	boundaries of a judicial circuit.
364	(27)(26)  "Expedited termination of parental rights" means
365	proceedings wherein a case plan with the goal of reunification
366	is not being offered.
367	(28)(27)  "False report" means a report of abuse, neglect,
368	or abandonment of a child to the central abuse hotline, which
369	report is maliciously made for the purpose of:
370	(a)  Harassing, embarrassing, or harming another person;
371	(b)  Personal financial gain for the reporting person;
372	(c)  Acquiring custody of a child; or
373	(d)  Personal benefit for the reporting person in any other
374	private dispute involving a child.
375
376	The term "false report" does not include a report of abuse,
377	neglect, or abandonment of a child made in good faith to the
378	central abuse hotline.
379	(29)(28)  "Family" means a collective body of persons,
380	consisting of a child and a parent, legal custodian, or adult
381	relative, in which:
382	(a)  The persons reside in the same house or living unit;
383	or
384	(b)  The parent, legal custodian, or adult relative has a
385	legal responsibility by blood, marriage, or court order to
386	support or care for the child.
387	(30)  "Family team conference" means a voluntary process
388	for family-focused intervention that is designed to develop a
389	plan for the care, safety, and well-being of a child and the
390	child's family.
391	(31)(29)  "Foster care" means care provided a child in a
392	foster family or boarding home, group home, agency boarding
393	home, child care institution, or any combination thereof.
394	(32)(30)  "Harm" to a child's health or welfare can occur
395	when any person:
396	(a)  Inflicts or allows to be inflicted upon the child
397	physical, mental, or emotional injury. In determining whether
398	harm has occurred, the following factors must be considered in
399	evaluating any physical, mental, or emotional injury to a child:
400	the age of the child; any prior history of injuries to the
401	child; the location of the injury on the body of the child; the
402	multiplicity of the injury; and the type of trauma inflicted.
403	Such injury includes, but is not limited to:
404	1.  Willful acts that produce the following specific
405	injuries:
406	a.  Sprains, dislocations, or cartilage damage.
407	b.  Bone or skull fractures.
408	c.  Brain or spinal cord damage.
409	d.  Intracranial hemorrhage or injury to other internal
410	organs.
411	e.  Asphyxiation, suffocation, or drowning.
412	f.  Injury resulting from the use of a deadly weapon.
413	g.  Burns or scalding.
414	h.  Cuts, lacerations, punctures, or bites.
415	i.  Permanent or temporary disfigurement.
416	j.  Permanent or temporary loss or impairment of a body
417	part or function.
418
419	As used in this subparagraph, the term "willful" refers to the
420	intent to perform an action, not to the intent to achieve a
421	result or to cause an injury.
422	2.  Purposely giving a child poison, alcohol, drugs, or
423	other substances that substantially affect the child's behavior,
424	motor coordination, or judgment or that result in sickness or
425	internal injury. For the purposes of this subparagraph, the term
426	"drugs" means prescription drugs not prescribed for the child or
427	not administered as prescribed, and controlled substances as
428	outlined in Schedule I or Schedule II of s. 893.03.
429	3.  Leaving a child without adult supervision or
430	arrangement appropriate for the child's age or mental or
431	physical condition, so that the child is unable to care for the
432	child's own needs or another's basic needs or is unable to
433	exercise good judgment in responding to any kind of physical or
434	emotional crisis.
435	4.  Inappropriate or excessively harsh disciplinary action
436	that is likely to result in physical injury, mental injury as
437	defined in this section, or emotional injury. The significance
438	of any injury must be evaluated in light of the following
439	factors: the age of the child; any prior history of injuries to
440	the child; the location of the injury on the body of the child;
441	the multiplicity of the injury; and the type of trauma
442	inflicted. Corporal discipline may be considered excessive or
443	abusive when it results in any of the following or other similar
444	injuries:
445	a.  Sprains, dislocations, or cartilage damage.
446	b.  Bone or skull fractures.
447	c.  Brain or spinal cord damage.
448	d.  Intracranial hemorrhage or injury to other internal
449	organs.
450	e.  Asphyxiation, suffocation, or drowning.
451	f.  Injury resulting from the use of a deadly weapon.
452	g.  Burns or scalding.
453	h.  Cuts, lacerations, punctures, or bites.
454	i.  Permanent or temporary disfigurement.
455	j.  Permanent or temporary loss or impairment of a body
456	part or function.
457	k.  Significant bruises or welts.
458	(b)  Commits, or allows to be committed, sexual battery, as
459	defined in chapter 794, or lewd or lascivious acts, as defined
460	in chapter 800, against the child.
461	(c)  Allows, encourages, or forces the sexual exploitation
462	of a child, which includes allowing, encouraging, or forcing a
463	child to:
464	1.  Solicit for or engage in prostitution; or
465	2.  Engage in a sexual performance, as defined by chapter
466	827.
467	(d)  Exploits a child, or allows a child to be exploited,
468	as provided in s. 450.151.
469	(e)  Abandons the child. Within the context of the
470	definition of "harm," the term "abandons the child" means that
471	the parent or legal custodian of a child or, in the absence of a
472	parent or legal custodian, the person responsible for the
473	child's welfare, while being able, makes no provision for the
474	child's support and makes no effort to communicate with the
475	child, which situation is sufficient to evince a willful
476	rejection of parental obligation. If the efforts of the such a
477	parent or legal custodian or person primarily responsible for
478	the child's welfare to support and communicate with the child
479	are only marginal efforts that do not evince a settled purpose
480	to assume all parental duties, the child may be determined to
481	have been abandoned. The term "abandoned" does not include an
482	abandoned newborn infant as described in s. 383.50.
483	(f)  Neglects the child. Within the context of the
484	definition of "harm," the term "neglects the child" means that
485	the parent or other person responsible for the child's welfare
486	fails to supply the child with adequate food, clothing, shelter,
487	or health care, although financially able to do so or although
488	offered financial or other means to do so. However, a parent or
489	legal custodian who, by reason of the legitimate practice of
490	religious beliefs, does not provide specified medical treatment
491	for a child may not be considered abusive or neglectful for that
492	reason alone, but such an exception does not:
493	1.  Eliminate the requirement that such a case be reported
494	to the department;
495	2.  Prevent the department from investigating such a case;
496	or
497	3.  Preclude a court from ordering, when the health of the
498	child requires it, the provision of medical services by a
499	physician, as defined in this section, or treatment by a duly
500	accredited practitioner who relies solely on spiritual means for
501	healing in accordance with the tenets and practices of a well-
502	recognized church or religious organization.
503	(g)  Exposes a child to a controlled substance or alcohol.
504	Exposure to a controlled substance or alcohol is established by:
505	1.  Use by the mother of a controlled substance or alcohol
506	during pregnancy when the child, at birth, is demonstrably
507	adversely affected by such usage; or
508	2.  Continued chronic and severe use of a controlled
509	substance or alcohol by a parent when the child is demonstrably
510	adversely affected by such usage.
511
512	As used in this paragraph, the term "controlled substance" means
513	prescription drugs not prescribed for the parent or not
514	administered as prescribed and controlled substances as outlined
515	in Schedule I or Schedule II of s. 893.03.
516	(h)  Uses mechanical devices, unreasonable restraints, or
517	extended periods of isolation to control a child.
518	(i)  Engages in violent behavior that demonstrates a wanton
519	disregard for the presence of a child and could reasonably
520	result in serious injury to the child.
521	(j)  Negligently fails to protect a child in his or her
522	care from inflicted physical, mental, or sexual injury caused by
523	the acts of another.
524	(k)  Has allowed a child's sibling to die as a result of
525	abuse, abandonment, or neglect.
526	(l)  Makes the child unavailable for the purpose of
527	impeding or avoiding a protective investigation unless the court
528	determines that the parent, legal custodian, or caregiver was
529	fleeing from a situation involving domestic violence.
530	(33)(31)  "Institutional child abuse or neglect" means
531	situations of known or suspected child abuse or neglect in which
532	the person allegedly perpetrating the child abuse or neglect is
533	an employee of a private school, public or private day care
534	center, residential home, institution, facility, or agency or
535	any other person at such institution responsible for the child's
536	care.
537	(34)(32)  "Judge" means the circuit judge exercising
538	jurisdiction pursuant to this chapter.
539	(35)(33)  "Legal custody" means a legal status created by a
540	court order or letter of guardianship which vests in a custodian
541	of the person or guardian, whether an agency or an individual,
542	the right to have physical custody of the child and the right
543	and duty to protect, nurture, guide train, and discipline the
544	child and to provide him or her with food, shelter, education,
545	and ordinary medical, dental, psychiatric, and psychological
546	care. The legal custodian is the person or entity in whom the
547	legal right to custody is vested. For purposes of this chapter
548	only, when the phrase "parent or legal custodian" is used, it
549	refers to rights or responsibilities of the parent and, only if
550	there is no living parent with intact parental rights, to the
551	rights or responsibilities of the legal custodian who has
552	assumed the role of the parent.
553	(34)  "Legal guardianship" means a judicially created
554	relationship between the child and caregiver which is intended
555	to be permanent and self-sustaining and is provided pursuant to
556	the procedures in chapter 744.
557	(36)(35)  "Licensed child-caring agency" means a person,
558	society, association, or agency licensed by the department to
559	care for, receive, and board children.
560	(37)(36)  "Licensed child-placing agency" means a person,
561	society, association, or institution licensed by the department
562	to care for, receive, or board children and to place children in
563	a licensed child-caring institution or a foster or adoptive
564	home.
565	(38)(37)  "Licensed health care professional" means a
566	physician licensed under chapter 458, an osteopathic physician
567	licensed under chapter 459, a nurse licensed under part I of
568	chapter 464, a physician assistant licensed under chapter 458 or
569	chapter 459, or a dentist licensed under chapter 466.
570	(39)(38)  "Likely to injure oneself" means that, as
571	evidenced by violent or other actively self-destructive
572	behavior, it is more likely than not that within a 24-hour
573	period the child will attempt to commit suicide or inflict
574	serious bodily harm on himself or herself.
575	(40)(39)  "Likely to injure others" means that it is more
576	likely than not that within a 24-hour period the child will
577	inflict serious and unjustified bodily harm on another person.
578	(40)  "Long-term relative custodian" means an adult
579	relative who is a party to a long-term custodial relationship
580	created by a court order pursuant to this chapter.
581	(41)  "Long-term custody" or "long-term custodial
582	relationship" means the relationship that a juvenile court order
583	creates between a child and an adult relative of the child or
584	other legal custodian approved by the court when the child
585	cannot be placed in the custody of a parent and adoption is not
586	deemed to be in the best interest of the child. Long-term
587	custody confers upon the relative or other legal custodian,
588	other than the department, the right to physical custody of the
589	child, a right which will not be disturbed by the court except
590	upon request of the legal custodian or upon a showing that the
591	best interest of the child necessitates a change of custody for
592	the child. A relative or other legal custodian who has been
593	designated as a long-term custodian shall have all of the rights
594	and duties of a parent, including, but not limited to, the right
595	and duty to protect, train, and discipline the child and to
596	provide the child with food, shelter, and education, and
597	ordinary medical, dental, psychiatric, and psychological care,
598	unless these rights and duties are otherwise enlarged or limited
599	by the court order establishing the long-term custodial
600	relationship.
601	(41)(42)  "Mediation" means a process whereby a neutral
602	third person called a mediator acts to encourage and facilitate
603	the resolution of a dispute between two or more parties. It is
604	an informal and nonadversarial process with the objective of
605	helping the disputing parties reach a mutually acceptable and
606	voluntary agreement. The role of the mediator includes, but is
607	not limited to, assisting the parties in identifying issues,
608	fostering joint problem solving, and exploring settlement
609	alternatives.
610	(42)(43)  "Mental injury" means an injury to the
611	intellectual or psychological capacity of a child as evidenced
612	by a discernible and substantial impairment in the ability to
613	function within the normal range of performance and behavior.
614	(43)(44)  "Necessary medical treatment" means care which is
615	necessary within a reasonable degree of medical certainty to
616	prevent the deterioration of a child's condition or to alleviate
617	immediate pain of a child.
618	(44)(45)  "Neglect" occurs when a child is deprived of, or
619	is allowed to be deprived of, necessary food, clothing, shelter,
620	or medical treatment or a child is permitted to live in an
621	environment when such deprivation or environment causes the
622	child's physical, mental, or emotional health to be
623	significantly impaired or to be in danger of being significantly
624	impaired. The foregoing circumstances shall not be considered
625	neglect if caused primarily by financial inability unless actual
626	services for relief have been offered to and rejected by such
627	person. A parent or legal custodian legitimately practicing
628	religious beliefs in accordance with a recognized church or
629	religious organization who thereby does not provide specific
630	medical treatment for a child may shall not, for that reason
631	alone, be considered a negligent parent or legal custodian;
632	however, such an exception does not preclude a court from
633	ordering the following services to be provided, when the health
634	of the child so requires:
635	(a)  Medical services from a licensed physician, dentist,
636	optometrist, podiatric physician, or other qualified health care
637	provider; or
638	(b)  Treatment by a duly accredited practitioner who relies
639	solely on spiritual means for healing in accordance with the
640	tenets and practices of a well-recognized church or religious
641	organization.
642
643	Neglect of a child includes acts or omissions.
644	(45)(46)  "Next of kin" means an adult relative of a child
645	who is the child's brother, sister, grandparent, aunt, uncle, or
646	first cousin.
647	(46)(47)  "Other person responsible for a child's welfare"
648	includes the child's legal guardian, legal custodian, or foster
649	parent; an employee of a private school, public or private child
650	day care center, residential home, institution, facility, or
651	agency; or any other person legally responsible for the child's
652	welfare in a residential setting; and also includes an adult
653	sitter or relative entrusted with a child's care. For the
654	purpose of departmental investigative jurisdiction, this
655	definition does not include law enforcement officers, or
656	employees of municipal or county detention facilities or the
657	Department of Corrections, while acting in an official capacity.
658	(47)(48)  "Out-of-home" means a placement outside of the
659	home of the parents or a parent.
660	(48)(49)  "Parent" means a woman who gives birth to a child
661	and a man whose consent to the adoption of the child would be
662	required under s. 63.062(1). If a child has been legally
663	adopted, the term "parent" means the adoptive mother or father
664	of the child. The term does not include an individual whose
665	parental relationship to the child has been legally terminated,
666	or an alleged or prospective parent, unless the parental status
667	falls within the terms of s. 39.503(1) or this subsection s.
668	63.062(1). For purposes of this chapter only, when the phrase
669	"parent or legal custodian" is used, it refers to rights or
670	responsibilities of the parent and, only if there is no living
671	parent with intact parental rights, to the rights or
672	responsibilities of the legal custodian who has assumed the role
673	of the parent.
674	(49)(50)  "Participant," for purposes of a shelter
675	proceeding, dependency proceeding, or termination of parental
676	rights proceeding, means any person who is not a party but who
677	should receive notice of hearings involving the child, including
678	the actual custodian of the child, the foster parents or the
679	legal custodian of the child, identified prospective parents,
680	grandparents entitled to priority for adoption consideration
681	under s. 63.0425, actual custodians of the child, and any other
682	person whose participation may be in the best interest of the
683	child. A community-based agency under contract with the
684	department to provide protective services may be designated as a
685	participant at the discretion of the court. Participants may be
686	granted leave by the court to be heard without the necessity of
687	filing a motion to intervene.
688	(50)(51)  "Party" means the parent or parents of the child,
689	the petitioner, the department, the guardian ad litem or the
690	representative of the guardian ad litem program when the program
691	has been appointed, and the child. The presence of the child may
692	be excused by order of the court when presence would not be in
693	the child's best interest. Notice to the child may be excused by
694	order of the court when the age, capacity, or other condition of
695	the child is such that the notice would be meaningless or
696	detrimental to the child.
697	(51)  "Permanency goal" means the living arrangement
698	identified for the child to return to or identified as the
699	permanent living arrangement for the child. Permanency goals
700	applicable under this chapter, listed in order of preference,
701	are:
702	(a)  Reunification;
703	(b)  Adoption when a petition for termination of parental
704	rights has been or will be filed;
705	(c)  Permanent guardianship of a dependent child under s.
706	39.6221;
707	(d)  Permanent placement with a fit and willing relative
708	under s. 39.6231; or
709	(e)  Placement in another planned permanent living
710	arrangement under s. 39.6241.
711
712	The permanency goal is also the case plan goal. If concurrent
713	case planning is being used, reunification may be pursued at the
714	same time that another permanency goal is pursued.
715	(52)  "Permanency plan" means the plan that establishes the
716	placement intended to serve as the child's permanent home.
717	(53)  "Permanent guardian" means the relative or other
718	adult in a permanent guardianship of a dependent child under s.
719	39.6221.
720	(54)  "Permanent guardianship of a dependent child" means a
721	legal relationship that a court creates under s. 39.6221 between
722	a child and a relative or other adult approved by the court
723	which is intended to be permanent and self-sustaining through
724	the transfer of parental rights with respect to the child
725	relating to protection, education, care, and control of the
726	child, custody of the child, and decisionmaking on behalf of the
727	child.
728	(55)(52)  "Physical injury" means death, permanent or
729	temporary disfigurement, or impairment of any bodily part.
730	(56)(53)  "Physician" means any licensed physician,
731	dentist, podiatric physician, or optometrist and includes any
732	intern or resident.
733	(57)(54)  "Preliminary screening" means the gathering of
734	preliminary information to be used in determining a child's need
735	for further evaluation or assessment or for referral for other
736	substance abuse services through means such as psychosocial
737	interviews; urine and breathalyzer screenings; and reviews of
738	available educational, delinquency, and dependency records of
739	the child.
740	(58)(55)  "Preventive services" means social services and
741	other supportive and rehabilitative services provided to the
742	parent or legal custodian of the child and to the child for the
743	purpose of averting the removal of the child from the home or
744	disruption of a family which will or could result in the
745	placement of a child in foster care. Social services and other
746	supportive and rehabilitative services shall promote the child's
747	need for physical, mental, and emotional health and a safe,
748	stable, living environment, shall promote family autonomy, and
749	shall strengthen family life, whenever possible.
750	(59)(56)  "Prospective parent" means a person who claims to
751	be, or has been identified as, a person who may be a mother or a
752	father of a child.
753	(60)(57)  "Protective investigation" means the acceptance
754	of a report alleging child abuse, abandonment, or neglect, as
755	defined in this chapter, by the central abuse hotline or the
756	acceptance of a report of other dependency by the department;
757	the investigation of each report; the determination of whether
758	action by the court is warranted; the determination of the
759	disposition of each report without court or public agency action
760	when appropriate; and the referral of a child to another public
761	or private agency when appropriate.
762	(61)(58)  "Protective investigator" means an authorized
763	agent of the department who receives and investigates reports of
764	child abuse, abandonment, or neglect; who, as a result of the
765	investigation, may recommend that a dependency petition be filed
766	for the child; and who performs other duties necessary to carry
767	out the required actions of the protective investigation
768	function.
769	(62)(59)  "Protective supervision" means a legal status in
770	dependency cases which permits the child to remain safely in his
771	or her own home or other nonlicensed placement under the
772	supervision of an agent of the department and which must be
773	reviewed by the court during the period of supervision.
774	(63)(60)  "Relative" means a grandparent, great-
775	grandparent, sibling, first cousin, aunt, uncle, great-aunt,
776	great-uncle, niece, or nephew, whether related by the whole or
777	half blood, by affinity, or by adoption. The term does not
778	include a stepparent.
779	(64)(61)  "Reunification services" means social services
780	and other supportive and rehabilitative services provided to the
781	parent of the child, to the child, and, where appropriate, to
782	the relative placement, nonrelative placement, or foster parents
783	of the child, for the purpose of enabling a child who has been
784	placed in out-of-home care to safely return to his or her parent
785	at the earliest possible time. The health and safety of the
786	child shall be the paramount goal of social services and other
787	supportive and rehabilitative services. The Such services shall
788	promote the child's need for physical, mental, and emotional
789	health and a safe, stable, living environment, shall promote
790	family autonomy, and shall strengthen family life, whenever
791	possible.
792	(65)(62)  "Secretary" means the Secretary of Children and
793	Family Services.
794	(66)(63)  "Sexual abuse of a child" means one or more of
795	the following acts:
796	(a)  Any penetration, however slight, of the vagina or anal
797	opening of one person by the penis of another person, whether or
798	not there is the emission of semen.
799	(b)  Any sexual contact between the genitals or anal
800	opening of one person and the mouth or tongue of another person.
801	(c)  Any intrusion by one person into the genitals or anal
802	opening of another person, including the use of any object for
803	this purpose, except that this does not include any act intended
804	for a valid medical purpose.
805	(d)  The intentional touching of the genitals or intimate
806	parts, including the breasts, genital area, groin, inner thighs,
807	and buttocks, or the clothing covering them, of either the child
808	or the perpetrator, except that this does not include:
809	1.  Any act which may reasonably be construed to be a
810	normal caregiver responsibility, any interaction with, or
811	affection for a child; or
812	2.  Any act intended for a valid medical purpose.
813	(e)  The intentional masturbation of the perpetrator's
814	genitals in the presence of a child.
815	(f)  The intentional exposure of the perpetrator's genitals
816	in the presence of a child, or any other sexual act
817	intentionally perpetrated in the presence of a child, if such
818	exposure or sexual act is for the purpose of sexual arousal or
819	gratification, aggression, degradation, or other similar
820	purpose.
821	(g)  The sexual exploitation of a child, which includes
822	allowing, encouraging, or forcing a child to:
823	1.  Solicit for or engage in prostitution; or
824	2.  Engage in a sexual performance, as defined by chapter
825	827.
826	(67)(64)  "Shelter" means a placement with a relative or a
827	nonrelative, or in a licensed home or facility, for the
828	temporary care of a child who is alleged to be or who has been
829	found to be dependent, pending court disposition before or after
830	adjudication.
831	(68)(65)  "Shelter hearing" means a hearing in which the
832	court determines whether probable cause exists to keep a child
833	in shelter status pending further investigation of the case.
834	(69)(66)  "Social service agency" means the department, a
835	licensed child-caring agency, or a licensed child-placing
836	agency.
837	(70)(67)  "Substance abuse" means using, without medical
838	reason, any psychoactive or mood-altering drug, including
839	alcohol, in such a manner as to induce impairment resulting in
840	dysfunctional social behavior.
841	(71)(68)  "Substantial compliance" means that the
842	circumstances which caused the creation of the case plan have
843	been significantly remedied to the extent that the well-being
844	and safety of the child will not be endangered upon the child's
845	remaining with or being returned to the child's parent.
846	(72)(69)  "Taken into custody" means the status of a child
847	immediately when temporary physical control over the child is
848	attained by a person authorized by law, pending the child's
849	release or placement.
850	(73)(70)  "Temporary legal custody" means the relationship
851	that a juvenile court creates between a child and an adult
852	relative of the child, legal custodian, agency, or other person
853	approved by the court until a more permanent arrangement is
854	ordered. Temporary legal custody confers upon the custodian the
855	right to have temporary physical custody of the child and the
856	right and duty to protect, nurture, guide train, and discipline
857	the child and to provide the child with food, shelter, and
858	education, and ordinary medical, dental, psychiatric, and
859	psychological care, unless these rights and duties are otherwise
860	enlarged or limited by the court order establishing the
861	temporary legal custody relationship.
862	(74)(71)  "Victim" means any child who has sustained or is
863	threatened with physical, mental, or emotional injury identified
864	in a report involving child abuse, neglect, or abandonment, or
865	child-on-child sexual abuse.
866	(72)  "Long-term licensed custody" means the relationship
867	that a juvenile court order creates between a child and a
868	placement licensed by the state to provide residential care for
869	dependent children, if the licensed placement is willing and
870	able to continue to care for the child until the child reaches
871	the age of majority.
872	Section 2.  Subsection (15) is added to section 39.0121,
873	Florida Statutes, to read:
874	39.0121  Specific rulemaking authority.--Pursuant to the
875	requirements of s. 120.536, the department is specifically
876	authorized to adopt, amend, and repeal administrative rules
877	which implement or interpret law or policy, or describe the
878	procedure and practice requirements necessary to implement this
879	chapter, including, but not limited to, the following:
880	(15)  Provision for making available to all physical
881	custodians and family services counselors the information
882	required by s. 39.6012(2) and for ensuring that this information
883	follows the child until permanency has been achieved.
884	Section 3.  Section 39.013, Florida Statutes, is amended to
885	read:
886	39.013  Procedures and jurisdiction; right to counsel.--
887	(1)  All procedures, including petitions, pleadings,
888	subpoenas, summonses, and hearings, in this chapter shall be
889	conducted according to the Florida Rules of Juvenile Procedure
890	unless otherwise provided by law. Parents must be informed by
891	the court of their right to counsel in dependency proceedings at
892	each stage of the dependency proceedings. Parents who are unable
893	to afford counsel must be appointed counsel.
894	(2)  The circuit court has shall have exclusive original
895	jurisdiction of all proceedings under this chapter, of a child
896	voluntarily placed with a licensed child-caring agency, a
897	licensed child-placing agency, or the department, and of the
898	adoption of children whose parental rights have been terminated
899	under this chapter. Jurisdiction attaches when the initial
900	shelter petition, dependency petition, or termination of
901	parental rights petition is filed or when a child is taken into
902	the custody of the department. The circuit court may assume
903	jurisdiction over any such proceeding regardless of whether the
904	child was in the physical custody of both parents, was in the
905	sole legal or physical custody of only one parent, caregiver, or
906	some other person, or was in the physical or legal custody of no
907	person when the event or condition occurred that brought the
908	child to the attention of the court. When the court obtains
909	jurisdiction of any child who has been found to be dependent,
910	the court shall retain jurisdiction, unless relinquished by its
911	order, until the child reaches 18 years of age. However, if a
912	youth petitions the court at any time before his or her 19th
913	birthday requesting the court's continued jurisdiction, the
914	juvenile court may retain jurisdiction under this chapter for a
915	period not to exceed 1 year following the youth's 18th birthday
916	for the purpose of determining whether appropriate aftercare
917	support, Road-to-Independence Scholarship, transitional support,
918	mental health, and developmental disability services, to the
919	extent otherwise authorized by law, have been provided to the
920	formerly dependent child who was in the legal custody of the
921	department immediately before his or her 18th birthday. If a
922	petition for special immigrant juvenile status and an
923	application for adjustment of status have been filed on behalf
924	of a foster child and the petition and application have not been
925	granted by the time the child reaches 18 years of age, the court
926	may retain jurisdiction over the dependency case solely for the
927	purpose of allowing the continued consideration of the petition
928	and application by federal authorities. Review hearings for the
929	child shall be set solely for the purpose of determining the
930	status of the petition and application. The court's jurisdiction
931	terminates upon the final decision of the federal authorities.
932	Retention of jurisdiction in this instance does not affect the
933	services available to a young adult under s. 409.1451. The court
934	may not retain jurisdiction of the case after the immigrant
935	child's 22nd birthday.
936	(3)  When a child is under the jurisdiction of the circuit
937	court pursuant to the provisions of this chapter, the circuit
938	court assigned to handle dependency matters may exercise the
939	general and equitable jurisdiction over guardianship proceedings
940	under pursuant to the provisions of chapter 744 and proceedings
941	for temporary custody of minor children by extended family under
942	pursuant to the provisions of chapter 751.
943	(4)  Orders entered pursuant to this chapter which affect
944	the placement of, access to, parental time with, adoption of, or
945	parental rights and responsibilities for a minor child shall
946	take precedence over other orders entered in civil actions or
947	proceedings. However, if the court has terminated jurisdiction,
948	the such order may be subsequently modified by a court of
949	competent jurisdiction in any other civil action or proceeding
950	affecting placement of, access to, parental time with, adoption
951	of, or parental rights and responsibilities for the same minor
952	child.
953	(5)  The court shall expedite the resolution of the
954	placement issue in cases involving a child who has been removed
955	from the parent and placed in an out-of-home placement.
956	(6)  The court shall expedite the judicial handling of all
957	cases when the child has been removed from the parent and placed
958	in an out-of-home placement.
959	(7)  Children removed from their homes shall be provided
960	equal treatment with respect to goals, objectives, services, and
961	case plans, without regard to the location of their placement.
962	(8)  For any child who remains in the custody of the
963	department, the court shall, within the month which constitutes
964	the beginning of the 6-month period before the child's 18th
965	birthday, hold a hearing to review the progress of the child
966	while in the custody of the department.
967	(9)(a)  At each stage of the proceedings under this
968	chapter, the court shall advise the parents of the right to
969	counsel. The court shall appoint counsel for indigent parents.
970	The court shall ascertain whether the right to counsel is
971	understood. When right to counsel is waived, the court shall
972	determine whether the waiver is knowing and intelligent. The
973	court shall enter its findings in writing with respect to the
974	appointment or waiver of counsel for indigent parents or the
975	waiver of counsel by nonindigent parents.
976	(b)  Once counsel has entered an appearance or been
977	appointed by the court to represent the parent of the child, the
978	attorney shall continue to represent the parent throughout the
979	proceedings. If the attorney-client relationship is
980	discontinued, the court shall advise the parent of the right to
981	have new counsel retained or appointed for the remainder of the
982	proceedings.
983	(c)1.  A No waiver of counsel may not be accepted if it
984	appears that the parent is unable to make an intelligent and
985	understanding choice because of mental condition, age,
986	education, experience, the nature or complexity of the case, or
987	other factors.
988	2.  A waiver of counsel made in court must be of record.
989	3.  If a waiver of counsel is accepted at any hearing or
990	proceeding, the offer of assistance of counsel must be renewed
991	by the court at each subsequent stage of the proceedings at
992	which the parent appears without counsel.
993	(d)  This subsection does not apply to any parent who has
994	voluntarily executed a written surrender of the child and
995	consents to the entry of a court order terminating parental
996	rights.
997	(10)  The time limitations in this chapter do not include:
998	(a)  Periods of delay resulting from a continuance granted
999	at the request or with the consent of the child's counsel or the
1000	child's guardian ad litem, if one has been appointed by the
1001	court, or, if the child is of sufficient capacity to express
1002	reasonable consent, at the request or with the consent of the
1003	child.
1004	(b)  Periods of delay resulting from a continuance granted
1005	at the request of any party, if the continuance is granted:
1006	1.  Because of an unavailability of evidence material to
1007	the case when the requesting party has exercised due diligence
1008	to obtain such evidence and there are substantial grounds to
1009	believe that such evidence will be available within 30 days.
1010	However, if the requesting party is not prepared to proceed
1011	within 30 days, any other party, inclusive of the parent or
1012	legal custodian, may move for issuance of an order to show cause
1013	or the court on its own motion may impose appropriate sanctions,
1014	which may include dismissal of the petition.
1015	2.  To allow the requesting party additional time to
1016	prepare the case and additional time is justified because of an
1017	exceptional circumstance.
1018	(c)  Reasonable periods of delay necessary to accomplish
1019	notice of the hearing to the child's parent or legal custodian;
1020	however, the petitioner shall continue regular efforts to
1021	provide notice to the parents during such periods of delay.
1022	(d)  Reasonable periods of delay resulting from a
1023	continuance granted at the request of the parent or legal
1024	custodian of a subject child.
1025	(e)  Notwithstanding the foregoing, continuances and
1026	extensions of time are limited to the number of days absolutely
1027	necessary to complete a necessary task in order to preserve the
1028	rights of a party or the best interests of a child. Time is of
1029	the essence for the best interests of dependent children in
1030	conducting dependency proceedings in accordance with the time
1031	limitations set forth in this chapter. Time limitations are a
1032	right of the child which may not be waived, extended, or
1033	continued at the request of any party in advance of the
1034	particular circumstances or need arising upon which delay of the
1035	proceedings may be warranted.
1036	(f)  Continuances or extensions of time may not total more
1037	than 60 days for all parties within any 12-month period during
1038	proceedings under this chapter. A continuance or extension of
1039	time beyond the 60 days may be granted only for extraordinary
1040	circumstances necessary to preserve the constitutional rights of
1041	a party or when substantial evidence demonstrates that the
1042	child's best interests will be affirmatively harmed without the
1043	granting of a continuance or extension of time.
1044	(10)(11)  Court-appointed counsel representing indigent
1045	parents at shelter hearings shall be paid from state funds
1046	appropriated by general law.
1047	(11)(12)  The court shall encourage the Statewide Guardian
1048	Ad Litem Office to provide greater representation to those
1049	children who are within 1 year of transferring out of foster
1050	care.
1051	Section 4.  Section 39.0136, Florida Statutes, is created
1052	to read:
1053	39.0136  Time limitations; continuances.--
1054	(1)  The Legislature finds that time is of the essence for
1055	establishing permanency for a child in the dependency system.
1056	Time limitations are a right of the child which may not be
1057	waived, extended, or continued at the request of any party
1058	except as provided in this section.
1059	(2)  The time limitations in this chapter do not include:
1060	(a)  Periods of delay resulting from a continuance granted
1061	at the request of the child's counsel or the child's guardian ad
1062	litem or, if the child is of sufficient capacity to express
1063	reasonable consent, at the request or with the consent of the
1064	child. The court must consider the best interest of the child
1065	when determining periods of delay under this section.
1066	(b)  Periods of delay resulting from a continuance granted
1067	at the request of any party if the continuance is granted:
1068	1.  Because of an unavailability of evidence that is
1069	material to the case if the requesting party has exercised due
1070	diligence to obtain evidence and there are substantial grounds
1071	to believe that the evidence will be available within 30 days.
1072	However, if the requesting party is not prepared to proceed
1073	within 30 days, any other party may move for issuance of an
1074	order to show cause or the court, on its own motion, may impose
1075	appropriate sanctions, which may include dismissal of the
1076	petition.
1077	2.  To allow the requesting party additional time to
1078	prepare the case and additional time is justified because of an
1079	exceptional circumstance.
1080	(c)  Reasonable periods of delay necessary to accomplish
1081	notice of the hearing to the child's parent or legal custodian;
1082	however, the petitioner shall continue regular efforts to
1083	provide notice to the parents during the periods of delay.
1084	(3)  Notwithstanding subsection (2), in order to expedite
1085	permanency for a child, the total time allowed for continuances
1086	or extensions of time may not exceed 60 days within any 12-month
1087	period for proceedings conducted under this chapter. A
1088	continuance or extension of time may be granted only for
1089	extraordinary circumstances in which it is necessary to preserve
1090	the constitutional rights of a party or if substantial evidence
1091	exists to demonstrate that without granting a continuance or
1092	extension of time the child's best interest will be harmed.
1093	(4)  Notwithstanding subsection (2), a continuance or an
1094	extension of time is limited to the number of days absolutely
1095	necessary to complete a necessary task in order to preserve the
1096	rights of a party or the best interest of a child.
1097	Section 5.  Section 39.0137, Florida Statutes, is created
1098	to read:
1099	39.0137  Federal law; rulemaking authority.--
1100	(1)  This chapter does not supersede the requirements of
1101	the Indian Child Welfare Act, 25 U.S.C. ss. 1901 et seq., or the
1102	Multi-Ethnic Placement Act of 1994, Pub. L. No. 103-382, as
1103	amended, or the implementing regulations.
1104	(2)  The department shall adopt rules no later than July 1,
1105	2007, to ensure that the provisions of these federal laws are
1106	enforced in this state. The department is encouraged to enter
1107	into agreements with recognized American Indian tribes in order
1108	to facilitate the implementation of the Indian Child Welfare
1109	Act.
1110	Section 6.  Section 39.0138, Florida Statutes, is created
1111	to read:
1112	39.0138  Criminal history records check; requirements for
1113	placement of children; exemptions from disqualification.--
1114	(1)  The department shall conduct a criminal history
1115	records check for any person being considered by the department
1116	for approval for placement of a child subject to a placement
1117	decision under this chapter. For purposes of this section, a
1118	criminal history records check may include, but not be limited
1119	to, submission of fingerprints to the Department of Law
1120	Enforcement for state processing and a local criminal history
1121	records check through local law enforcement agencies and
1122	forwarding to the Federal Bureau of Investigation for a national
1123	criminal history records check.
1124	(2)  The department may not place a child with a person
1125	other than a parent if the criminal history records check
1126	reveals that the person has been convicted of a felony that
1127	falls within any of the following categories:
1128	(a)  Child abuse, abandonment, or neglect;
1129	(b)  Domestic violence;
1130	(c)  Child pornography or other felony in which a child was
1131	a victim of the offense; or
1132	(d)  Homicide, sexual battery, or other felony involving
1133	violence, other than felony assault or felony battery in which
1134	an adult was the victim of the assault or battery.
1135	(3)  The department may not place a child with a person
1136	other than a parent if the criminal history records check
1137	reveals that the person has been convicted of a felony within
1138	the previous 5 years that falls within any of the following
1139	categories:
1140	(a)  Assault;
1141	(b)  Battery; or
1142	(c)  A drug-related offense.
1143	(4)  The department may place a child in a home that
1144	otherwise meets placement requirements if a name check of state
1145	and local criminal history records systems does not disqualify
1146	the applicant and if the department has submitted fingerprints
1147	to the Department of Law Enforcement for forwarding to the
1148	Federal Bureau of Investigation and is awaiting the results of
1149	the state and national criminal history records checks.
1150	(5)  Persons with whom placement of a child is being
1151	considered or approved must disclose to the department any prior
1152	or pending local, state, or federal criminal proceedings in
1153	which they are or have been involved.
1154	(6)  The department may examine the results of any criminal
1155	history records check of any person, including a parent with
1156	whom placement of a child is being considered under this
1157	section. The complete criminal history records check must be
1158	considered when determining whether placement with the person
1159	will jeopardize the safety of the child being placed.
1160	(7)(a)  The court may review a decision of the department
1161	to grant or deny the placement of a child based upon criminal
1162	history records check information. The review may be upon the
1163	motion of any party, the request of any person who has been
1164	denied a placement by the department, or on its own motion. The
1165	court shall prepare written findings to support its decision in
1166	this matter.
1167	(b)  A person seeking placement of a child when the
1168	department has denied the placement based on the results of a
1169	criminal history records check has the burden of setting forth
1170	sufficient evidence of rehabilitation, including, but not
1171	limited to, the circumstances surrounding the incident providing
1172	the basis for denying the application, the time period that has
1173	elapsed since the incident, the nature of the harm caused to the
1174	victim, whether the victim was a child, the history of the
1175	person since the incident, whether the person has complied with
1176	any requirement to pay restitution, and any other evidence or
1177	circumstances indicating that the person will not present a
1178	danger if the placement of the child is allowed.
1179	Section 7.  Paragraph (a) of subsection (1), paragraph (a)
1180	of subsection (2), and subsection (5) of section 39.201, Florida
1181	Statutes, are amended to read:
1182	39.201  Mandatory reports of child abuse, abandonment, or
1183	neglect; mandatory reports of death; central abuse hotline.--
1184	(1)(a)  Any person who knows, or has reasonable cause to
1185	suspect, that a child is abused, abandoned, or neglected by a
1186	parent, legal custodian, caregiver, or other person responsible
1187	for the child's welfare, as defined in this chapter, or that a
1188	child is in need of supervision and care and has no parent,
1189	legal custodian, or responsible adult relative immediately known
1190	and available to provide supervision and care shall report such
1191	knowledge or suspicion to the department in the manner
1192	prescribed in subsection (2).
1193	(2)(a)  Each report of known or suspected child abuse,
1194	abandonment, or neglect by a parent, legal custodian, caregiver,
1195	or other person responsible for the child's welfare as defined
1196	in this chapter, except those solely under s. 827.04(3), and
1197	each report that a child is in need of supervision and care and
1198	has no parent, legal custodian, or responsible adult relative
1199	immediately known and available to provide supervision and care
1200	shall be made immediately to the department's central abuse
1201	hotline on the single statewide toll-free telephone number.
1202	Personnel at the department's central abuse hotline shall
1203	determine if the report received meets the statutory definition
1204	of child abuse, abandonment, or neglect. Any report meeting one
1205	of these definitions shall be accepted for the protective
1206	investigation pursuant to part III of this chapter.
1207	(5)  The department shall be capable of receiving and
1208	investigating, 24 hours a day, 7 days a week, reports of known
1209	or suspected child abuse, abandonment, or neglect and reports
1210	that a child is in need of supervision and care and has no
1211	parent, legal custodian, or responsible adult relative
1212	immediately known and available to provide supervision and care
1213	24 hours a day, 7 days a week. If it appears that the immediate
1214	safety or well-being of a child is endangered, that the family
1215	may flee or the child will be unavailable for purposes of
1216	conducting a child protective investigation, or that the facts
1217	otherwise so warrant, the department shall commence an
1218	investigation immediately, regardless of the time of day or
1219	night. In all other child abuse, abandonment, or neglect cases,
1220	a child protective investigation shall be commenced within 24
1221	hours after receipt of the report. In an institutional
1222	investigation, the alleged perpetrator may be represented by an
1223	attorney, at his or her own expense, or accompanied by another
1224	person, if the person or the attorney executes an affidavit of
1225	understanding with the department and agrees to comply with the
1226	confidentiality provisions of s. 39.202. The absence of an
1227	attorney or other person does not prevent the department from
1228	proceeding with other aspects of the investigation, including
1229	interviews with other persons. In institutional child abuse
1230	cases when the institution is not operating and the child cannot
1231	otherwise be located, the investigation shall commence
1232	immediately upon the resumption of operation. If requested by a
1233	state attorney or local law enforcement agency, the department
1234	shall furnish all investigative reports to that agency.
1235	Section 8.  Subsections (1), (2), (5), and (22) of section
1236	39.301, Florida Statutes, are amended, and subsection (23) is
1237	added to that section, to read:
1238	39.301  Initiation of protective investigations.--
1239	(1)  Upon receiving an oral or written report of known or
1240	suspected child abuse, abandonment, or neglect, or that a child
1241	is in need of supervision and care and has no parent, legal
1242	custodian, or responsible adult relative immediately known and
1243	available to provide supervision and care, the central abuse
1244	hotline shall determine if the report requires an immediate
1245	onsite protective investigation. For reports requiring an
1246	immediate onsite protective investigation, the central abuse
1247	hotline shall immediately notify the department's designated
1248	children and families district staff responsible for protective
1249	investigations to ensure that an onsite investigation is
1250	promptly initiated.  For reports not requiring an immediate
1251	onsite protective investigation, the central abuse hotline shall
1252	notify the department's designated children and families
1253	district staff responsible for protective investigations in
1254	sufficient time to allow for an investigation. At the time of
1255	notification of district staff with respect to the report, the
1256	central abuse hotline shall also provide information on any
1257	previous report concerning a subject of the present report or
1258	any pertinent information relative to the present report or any
1259	noted earlier reports.
1260	(2)(a)  The department shall immediately forward
1261	allegations of criminal conduct to the municipal or county law
1262	enforcement agency of the municipality or county in which the
1263	alleged conduct has occurred.
1264	(b)  As used in this subsection, the term "criminal
1265	conduct" means:
1266	1.  A child is known or suspected to be the victim of child
1267	abuse, as defined in s. 827.03, or of neglect of a child, as
1268	defined in s. 827.03.
1269	2.  A child is known or suspected to have died as a result
1270	of abuse or neglect.
1271	3.  A child is known or suspected to be the victim of
1272	aggravated child abuse, as defined in s. 827.03.
1273	4.  A child is known or suspected to be the victim of
1274	sexual battery, as defined in s. 827.071, or of sexual abuse, as
1275	defined in s. 39.01.
1276	5.  A child is known or suspected to be the victim of
1277	institutional child abuse or neglect, as defined in s. 39.01,
1278	and as provided for in s. 39.302(1).
1279	6.  A child is known or suspected to be a victim of human
1280	trafficking, as provided in s. 787.06.
1281	(c)  Upon receiving a written report of an allegation of
1282	criminal conduct from the department, the law enforcement agency
1283	shall review the information in the written report to determine
1284	whether a criminal investigation is warranted. If the law
1285	enforcement agency accepts the case for criminal investigation,
1286	it shall coordinate its investigative activities with the
1287	department, whenever feasible. If the law enforcement agency
1288	does not accept the case for criminal investigation, the agency
1289	shall notify the department in writing.
1290	(d)  The local law enforcement agreement required in s.
1291	39.306 shall describe the specific local protocols for
1292	implementing this section.
1293	(5)(a)  Upon commencing an investigation under this part,
1294	the child protective investigator shall inform any subject of
1295	the investigation of the following:
1296	1.  The names of the investigators and identifying
1297	credentials from the department.
1298	2.  The purpose of the investigation.
1299	3.  The right to obtain his or her own attorney and ways
1300	that the information provided by the subject may be used.
1301	4.  The possible outcomes and services of the department's
1302	response, which shall be explained to the parent or legal
1303	custodian.
1304	5.  The right of the parent or legal custodian to be
1305	involved to the fullest extent possible in determining the
1306	nature of the allegation and the nature of any identified
1307	problem.
1308	6.  The duty of the parent or legal custodian to report any
1309	change in the residence or location of the child to the
1310	investigator and that the duty to report continues until the
1311	investigation is closed.
1312	(b)  The department's training program shall ensure that
1313	protective investigators know how to fully inform parents or
1314	legal custodians of their rights and options, including
1315	opportunities for audio or video recording of investigators'
1316	interviews with parents or legal custodians or children.
1317	(22)  When an investigation is closed and a person is not
1318	identified as a caregiver responsible for the abuse, neglect, or
1319	abandonment alleged in the report, the fact that the person is
1320	named in some capacity in the report may not be used in any way
1321	to adversely affect the interests of that person. This
1322	prohibition applies to any use of the information in employment
1323	screening, licensing, child placement, adoption, or any other
1324	decisions by a private adoption agency or a state agency or its
1325	contracted providers, except that a previous report may be used
1326	to determine whether a child is safe and what the known risk is
1327	to the child at any stage of a child protection proceeding.
1328	(23)  If, after having been notified of the requirement to
1329	report a change in residence or location of the child to the
1330	protective investigator, a parent or legal custodian causes the
1331	child to move, or allows the child to be moved, to a different
1332	residence or location, or if the child leaves the residence on
1333	his or her own accord and the parent or legal custodian does not
1334	notify the protective investigator of the move within 2 business
1335	days, the child may be considered to be a missing child for the
1336	purposes of filing a report with a law enforcement agency under
1337	s. 937.021.
1338	Section 9.  Subsection (2) of section 39.303, Florida
1339	Statutes, is amended to read:
1340	39.303  Child protection teams; services; eligible
1341	cases.--The Children's Medical Services Program in the
1342	Department of Health shall develop, maintain, and coordinate the
1343	services of one or more multidisciplinary child protection teams
1344	in each of the service districts of the Department of Children
1345	and Family Services. Such teams may be composed of appropriate
1346	representatives of school districts and appropriate health,
1347	mental health, social service, legal service, and law
1348	enforcement agencies. The Legislature finds that optimal
1349	coordination of child protection teams and sexual abuse
1350	treatment programs requires collaboration between the Department
1351	of Health and the Department of Children and Family Services.
1352	The two departments shall maintain an interagency agreement that
1353	establishes protocols for oversight and operations of child
1354	protection teams and sexual abuse treatment programs. The
1355	Secretary of Health and the Deputy Secretary for Children's
1356	Medical Services, in consultation with the Secretary of Children
1357	and Family Services, shall maintain the responsibility for the
1358	screening, employment, and, if necessary, the termination of
1359	child protection team medical directors, at headquarters and in
1360	the 15 districts. Child protection team medical directors shall
1361	be responsible for oversight of the teams in the districts.
1362	(2)  The child abuse, abandonment, and neglect reports that
1363	must be referred by the department of Children and Family
1364	Services to child protection teams of the Department of Health
1365	for an assessment and other appropriate available support
1366	services as set forth in subsection (1) must include cases
1367	involving:
1368	(a)  Injuries to the head, bruises to the neck or head,
1369	burns, or fractures in a child of any age.
1370	(b)  Bruises anywhere on a child 5 years of age or under.
1371	(c)  Any report alleging sexual abuse of a child in which
1372	vaginal or anal penetration is alleged or in which other
1373	unlawful sexual conduct has been determined to have occurred.
1374	(d)  Any sexually transmitted disease in a prepubescent
1375	child.
1376	(e)  Reported malnutrition of a child and failure of a
1377	child to thrive.
1378	(f)  Reported medical neglect of a child.
1379	(g)  Any family in which one or more children have been
1380	pronounced dead on arrival at a hospital or other health care
1381	facility, or have been injured and later died, as a result of
1382	suspected abuse, abandonment, or neglect, when any sibling or
1383	other child remains in the home.
1384	(h)  Symptoms of serious emotional problems in a child when
1385	emotional or other abuse, abandonment, or neglect is suspected.
1386	Section 10.  Subsections (10) and (16) of section 39.402,
1387	Florida Statutes, are amended, and subsections (17) and (18) are
1388	added to that section, to read:
1389	39.402  Placement in a shelter.--
1390	(10)(a)  The shelter hearing order shall contain a written
1391	determination as to whether the department has made a reasonable
1392	effort to prevent or eliminate the need for removal or continued
1393	removal of the child from the home. This determination must
1394	include a description of which specific services, if available,
1395	could prevent or eliminate the need for removal or continued
1396	removal from the home and the date by which the services are
1397	expected to become available.
1398	(b)  If services are not available to prevent or eliminate
1399	the need for removal or continued removal of the child from the
1400	home, the written determination must also contain a explanation
1401	describing why the services are not available for the child.
1402	(c)  If the department has not made such an effort to
1403	prevent or eliminate the need for removal, the court shall order
1404	the department to provide appropriate and available services to
1405	ensure the protection of the child in the home when the such
1406	services are necessary for the child's health and safety.
1407	(16)  At the conclusion of a shelter hearing, the court
1408	shall:
1409	(a)  Notify all parties in writing of the next scheduled
1410	hearing to review the shelter placement. The Such hearing shall
1411	be held no later than 30 days after placement of the child in
1412	shelter status, in conjunction with the arraignment hearing, and
1413	at such times as are otherwise provided by law or determined by
1414	the court to be necessary; and.
1415	(b)  Notify all parties in writing of the date, time, and
1416	place of the case plan conference, family team conference, or
1417	mediation that will be used to develop the case plan. The case
1418	plan conference, family team conference, or mediation must take
1419	place no later than 30 days after placing the child in shelter
1420	status.
1421	(17)  At the shelter hearing, the court shall inquire of
1422	the parent whether the parent has relatives who might be
1423	considered as a placement for the child. The parent shall
1424	provide to the court and all parties identification and location
1425	information regarding the relatives. The court shall advise the
1426	parent that the parent has a continuing duty to inform the
1427	department of any relative who should be considered as a
1428	placement for the child.
1429	(18)  The court shall advise the parents that, if the
1430	parents fail to substantially comply with the case plan, their
1431	parental rights may be terminated and that the child's out-of-
1432	home placement may become permanent.
1433	Section 11.  Present subsections (7) and (8) of section
1434	39.507, Florida Statutes, are redesignated as subsections (8)
1435	and (9), respectively, and a new subsection (7) is added to that
1436	section, to read:
1437	39.507  Adjudicatory hearings; orders of adjudication.--
1438	(7)  If a court adjudicates a child dependent and the child
1439	is in out-of-home care, the court shall inquire of the parent or
1440	parents whether the parents have relatives who might be
1441	considered as a placement for the child. The court shall advise
1442	the parents that, if the parents fail to substantially comply
1443	with the case plan, their parental rights may be terminated and
1444	that the child's out-of-home placement may become permanent. The
1445	parent or parents shall provide to the court and all parties
1446	identification and location information of the relatives.
1447	Section 12.  Paragraph (c) of subsection (1) and paragraph
1448	(a) of subsection (2) of section 39.5085, Florida Statutes, are
1449	amended to read:
1450	39.5085  Relative Caregiver Program.--
1451	(1)  It is the intent of the Legislature in enacting this
1452	section to:
1453	(c)  Recognize that permanency in the best interests of the
1454	child can be achieved through a variety of permanency options,
1455	including permanent guardianship under s. 39.6221 if the
1456	guardian is a relative, permanent placement with a fit and
1457	willing relative long-term relative custody, guardianship under
1458	chapter 744, or adoption, by providing additional placement
1459	options and incentives that will achieve permanency and
1460	stability for many children who are otherwise at risk of foster
1461	care placement because of abuse, abandonment, or neglect, but
1462	who may successfully be able to be placed by the dependency
1463	court in the care of such relatives.
1464	(2)(a)  The Department of Children and Family Services
1465	shall establish and operate the Relative Caregiver Program under
1466	pursuant to eligibility guidelines established in this section
1467	as further implemented by rule of the department. The Relative
1468	Caregiver Program shall, within the limits of available funding,
1469	provide financial assistance to:
1470	1.  Relatives who are within the fifth degree by blood or
1471	marriage to the parent or stepparent of a child and who are
1472	caring full-time for that dependent child in the role of
1473	substitute parent as a result of a court's determination of
1474	child abuse, neglect, or abandonment and subsequent placement
1475	with the relative under pursuant to this chapter.
1476	2.  Relatives who are within the fifth degree by blood or
1477	marriage to the parent or stepparent of a child and who are
1478	caring full-time for that dependent child, and a dependent half-
1479	brother or half-sister of that dependent child, in the role of
1480	substitute parent as a result of a court's determination of
1481	child abuse, neglect, or abandonment and subsequent placement
1482	with the relative under pursuant to this chapter.
1483
1484	The Such placement may be either court-ordered temporary legal
1485	custody to the relative under protective supervision of the
1486	department under pursuant to s. 39.521(1)(b)3., or court-ordered
1487	placement in the home of a relative as a permanency option under
1488	s. 39.6221 or s. 39.6231, or under former pursuant to s. 39.622.
1489	The Relative Caregiver Program shall offer financial assistance
1490	to caregivers who are relatives and who would be unable to serve
1491	in that capacity without the relative caregiver payment because
1492	of financial burden, thus exposing the child to the trauma of
1493	placement in a shelter or in foster care.
1494	Section 13.  Paragraph (d) of subsection (1) of section
1495	39.521, Florida Statutes, is amended to read:
1496	39.521  Disposition hearings; powers of disposition.--
1497	(1)  A disposition hearing shall be conducted by the court,
1498	if the court finds that the facts alleged in the petition for
1499	dependency were proven in the adjudicatory hearing, or if the
1500	parents or legal custodians have consented to the finding of
1501	dependency or admitted the allegations in the petition, have
1502	failed to appear for the arraignment hearing after proper
1503	notice, or have not been located despite a diligent search
1504	having been conducted.
1505	(d)  The court shall, in its written order of disposition,
1506	include all of the following:
1507	1.  The placement or custody of the child.
1508	2.  Special conditions of placement and visitation.
1509	3.  Evaluation, counseling, treatment activities, and other
1510	actions to be taken by the parties, if ordered.
1511	4.  The persons or entities responsible for supervising or
1512	monitoring services to the child and parent.
1513	5.  Continuation or discharge of the guardian ad litem, as
1514	appropriate.
1515	6.  The date, time, and location of the next scheduled
1516	review hearing, which must occur within the earlier of:
1517	a.  Ninety days after the disposition hearing;
1518	b.  Ninety days after the court accepts the case plan;
1519	c.  Six months after the date of the last review hearing;
1520	or
1521	d.  Six months after the date of the child's removal from
1522	his or her home, if no review hearing has been held since the
1523	child's removal from the home.
1524	7.  If the child is in an out-of-home placement, child
1525	support to be paid by the parents, or the guardian of the
1526	child's estate if possessed of assets which under law may be
1527	disbursed for the care, support, and maintenance of the child.
1528	The court may exercise jurisdiction over all child support
1529	matters, shall adjudicate the financial obligation, including
1530	health insurance, of the child's parents or guardian, and shall
1531	enforce the financial obligation as provided in chapter 61. The
1532	state's child support enforcement agency shall enforce child
1533	support orders under this section in the same manner as child
1534	support orders under chapter 61. Placement of the child shall
1535	not be contingent upon issuance of a support order.
1536	8.a.  If the court does not commit the child to the
1537	temporary legal custody of an adult relative, legal custodian,
1538	or other adult approved by the court, the disposition order
1539	shall include the reasons for such a decision and shall include
1540	a determination as to whether diligent efforts were made by the
1541	department to locate an adult relative, legal custodian, or
1542	other adult willing to care for the child in order to present
1543	that placement option to the court instead of placement with the
1544	department.
1545	b.  If diligent efforts are made to locate an adult
1546	relative willing and able to care for the child but, because no
1547	suitable relative is found and, the child is placed with the
1548	department or a legal custodian or other adult approved by the
1549	court, both the department and the court shall consider
1550	transferring temporary legal custody to an adult relative
1551	approved by the court at a later date, but neither the
1552	department nor the court is obligated to so place the child if
1553	it is in the child's best interest to remain in the current
1554	placement.
1555
1556	For the purposes of this subparagraph, "diligent efforts to
1557	locate an adult relative" means a search similar to the diligent
1558	search for a parent, but without the continuing obligation to
1559	search after an initial adequate search is completed.
1560	9.  Other requirements necessary to protect the health,
1561	safety, and well-being of the child, to preserve the stability
1562	of the child's educational placement, and to promote family
1563	preservation or reunification whenever possible.
1564	Section 14.  Subsection (1) of section 39.522, Florida
1565	Statutes, is amended to read:
1566	39.522  Postdisposition change of custody.--The court may
1567	change the temporary legal custody or the conditions of
1568	protective supervision at a postdisposition hearing, without the
1569	necessity of another adjudicatory hearing.
1570	(1)  A child who has been placed in the child's own home
1571	under the protective supervision of an authorized agent of the
1572	department, in the home of a relative, in the home of a legal
1573	custodian, or in some other place may be brought before the
1574	court by the department or by any other interested person, upon
1575	the filing of a petition alleging a need for a change in the
1576	conditions of protective supervision or the placement. If the
1577	parents or other legal custodians deny the need for a change,
1578	the court shall hear all parties in person or by counsel, or
1579	both. Upon the admission of a need for a change or after such
1580	hearing, the court shall enter an order changing the placement,
1581	modifying the conditions of protective supervision, or
1582	continuing the conditions of protective supervision as ordered.
1583	The standard for changing custody of the child shall be the best
1584	interest of the child. When applying this standard, the court
1585	shall consider the continuity of the child's placement in the
1586	same out-of-home residence as a factor when determining the best
1587	interest of the child. If the child is not placed in foster
1588	care, then the new placement for the child must meet the home
1589	study criteria and court approval pursuant to this chapter.
1590	Section 15.  Section 39.6011, Florida Statutes, is created
1591	to read:
1592	39.6011  Case plan development.--
1593	(1)  The department shall prepare a draft of the case plan
1594	for each child receiving services under this chapter. A parent
1595	of a child may not be threatened or coerced with the loss of
1596	custody or parental rights for failing to admit in the case plan
1597	to abusing, neglecting, or abandoning a child. Participating in
1598	the development of a case plan is not an admission to any
1599	allegation of abuse, abandonment, or neglect, and it is not a
1600	consent to a finding of dependency or termination of parental
1601	rights. The case plan shall be developed subject to the
1602	following requirements:
1603	(a)  The case plan must be developed in a face-to-face
1604	conference with the parent of the child, any court-appointed
1605	guardian ad litem, and, if appropriate, the child and the
1606	temporary custodian of the child. The conference to prepare a
1607	case plan must be scheduled under s. 39.402(16)(b) and must be
1608	conducted according to one of the following procedures:
1609	1.  A case plan conference that is a meeting among the
1610	parties described in this subsection.
1611	2.  A mediation if dependency mediation services are
1612	available and appropriate and in the best interest of the child.
1613	3.  A family team conference if a family team conference is
1614	available.
1615	(b)  The parent may receive assistance from any person or
1616	social service agency in preparing the case plan. The social
1617	service agency, the department, and the court, when applicable,
1618	shall inform the parent of the right to receive such assistance,
1619	including the right to assistance of counsel.
1620	(c)  If a parent is unwilling or unable to participate in
1621	developing a case plan, the department shall document that
1622	unwillingness or inability to participate. The documentation
1623	must be provided in writing to the parent when available for the
1624	court record, and the department shall prepare a case plan
1625	conforming as nearly as possible with the requirements set forth
1626	in this section. The unwillingness or inability of the parent to
1627	participate in developing a case plan does not preclude the
1628	filing of a petition for dependency or for termination of
1629	parental rights. The parent, if available, must be provided a
1630	copy of the case plan and be advised that he or she may, at any
1631	time before the filing of a petition for termination of parental
1632	rights, enter into a case plan and that he or she may request
1633	judicial review of any provision of the case plan with which he
1634	or she disagrees at any court hearing set for the child.
1635	(2)  The case plan must be written simply and clearly in
1636	English and, if English is not the principal language of the
1637	child's parent, to the extent possible in the parent's principal
1638	language. Each case plan must contain:
1639	(a)  A description of the identified problem being
1640	addressed, including the parent's behavior or acts resulting in
1641	risk to the child and the reason for the intervention by the
1642	department.
1643	(b)  The permanency goal as defined in s. 39.01(51).
1644	(c)  If concurrent planning is being used, a description of
1645	the permanency goal of reunification with the parent or legal
1646	custodian in addition to a description of one of the remaining
1647	permanency goals described in s. 39.01(51).
1648	(d)  The date the compliance period expires. The case plan
1649	must be limited to as short a period as possible for
1650	accomplishing its provisions. The plan's compliance period
1651	expires no later than 12 months after the date the child was
1652	initially removed from the home or the date the case plan was
1653	accepted by the court, whichever occurs sooner.
1654	(e)  A written notice to the parent that failure of the
1655	parent to substantially comply with the case plan may result in
1656	the termination of parental rights and that a material breach of
1657	the case plan may result in the filing of a petition for
1658	termination of parental rights sooner than the compliance period
1659	set forth in the case plan.
1660	(3)  The case plan must be signed by all parties, except
1661	that the signature of a child may be waived if the child is not
1662	of an age or capacity to participate in the case planning
1663	process. Signing the case plan constitutes an acknowledgement
1664	that the case plan has been developed by the parties and that
1665	they are in agreement as to the terms and conditions contained
1666	in the case plan. The refusal of a parent to sign the case plan
1667	does not prevent the court from accepting the case plan if the
1668	case plan is otherwise acceptable to the court. Signing the case
1669	plan does not constitute an admission to any allegation of
1670	abuse, abandonment, or neglect and does not constitute consent
1671	to a finding of dependency or termination of parental rights.
1672	Before signing the case plan, the department shall explain the
1673	provisions of the plan to all persons involved in its
1674	implementation, including, when appropriate, the child.
1675	(4)  The case plan must describe:
1676	(a)  The role of the foster parents or legal custodians
1677	when developing the services that are to be provided to the
1678	child, foster parents, or legal custodians.
1679	(b)  The minimum number of face-to-face meetings to be held
1680	each month between the parents and the department's family
1681	services counselors to review the progress of the plan, to
1682	eliminate barriers to progress, and to resolve conflicts or
1683	disagreements.
1684	(c)  The parent's responsibility for financial support of
1685	the child, including, but not limited to, health insurance and
1686	child support. The case plan must list the costs associated with
1687	any services or treatment that the parent and child are expected
1688	to receive which are the financial responsibility of the parent.
1689	The determination of child support and other financial support
1690	shall be made independently of any determination of indigency
1691	under s. 39.013.
1692	(5)  When the permanency goal for a child is adoption, the
1693	case plan must include documentation of the steps the agency is
1694	taking to find an adoptive family or other permanent living
1695	arrangement for the child. At a minimum, the documentation shall
1696	include recruitment efforts that are specific to the child, such
1697	as the use of state, regional, and national adoption exchanges,
1698	including electronic exchange systems.
1699	(6)  After the case plan has been developed, the department
1700	shall adhere to the following procedural requirements:
1701	(a)  If the parent's substantial compliance with the case
1702	plan requires the department to provide services to the parents
1703	or the child and the parents agree to begin compliance with the
1704	case plan before the case plan's acceptance by the court, the
1705	department shall make the appropriate referrals for services
1706	that will allow the parents to immediately begin the agreed upon
1707	tasks and services.
1708	(b)  After the case plan has been agreed upon and signed by
1709	the parties, a copy of the plan must immediately be given to the
1710	parties, including the child, if appropriate, and to other
1711	persons as directed by the court.
1712	1.  A case plan must be prepared, but need not be submitted
1713	to the court, for a child who will be in care no longer than 30
1714	days unless that child is placed in out-of-home care a second
1715	time within a 12-month period.
1716	2.  In each case in which a child has been placed in out-
1717	of-home care, a case plan must be prepared within 60 days after
1718	the department removes the child from the home and shall be
1719	submitted to the court before the disposition hearing for the
1720	court to review and approve.
1721	3.  After jurisdiction attaches, all case plans must be
1722	filed with the court and a copy provided to all the parties
1723	whose whereabouts are known not less than 3 business days before
1724	the disposition hearing. The department shall file with the
1725	court, and provide copies to the parties, all case plans
1726	prepared before jurisdiction of the court attached.
1727	(7)  The case plan must be filed with the court and copies
1728	provided to all parties, including the child, if appropriate,
1729	not less than 3 business days before the disposition hearing.
1730	(8)  The case plan must describe a process for making
1731	available to all physical custodians and family services
1732	counselors the information required by s. 39.6012(2) and for
1733	ensuring that this information follows the child until
1734	permanency has been achieved.
1735	Section 16.  Section 39.6012, Florida Statutes, is created
1736	to read:
1737	39.6012  Case plan tasks; services.--
1738	(1)  The services to be provided to the parent and the
1739	tasks that must be completed are subject to the following:
1740	(a)  The services described in the case plan must be
1741	designed to improve the conditions in the home and aid in
1742	maintaining the child in the home, facilitate the child's safe
1743	return to the home, ensure proper care of the child, or
1744	facilitate the child's permanent placement. The services offered
1745	must be the least intrusive possible into the life of the parent
1746	and child, must focus on clearly defined objectives, and must
1747	provide the most efficient path to quick reunification or
1748	permanent placement given the circumstances of the case and the
1749	child's need for safe and proper care.
1750	(b)  The case plan must describe each of the tasks with
1751	which the parent must comply and the services to be provided to
1752	the parent, specifically addressing the identified problem,
1753	including:
1754	1.  The type of services or treatment.
1755	2.  The date the department will provide each service or
1756	referral for the service if the service is being provided by the
1757	department or its agent.
1758	3.  The date by which the parent must complete each task.
1759	4.  The frequency of services or treatment provided. The
1760	frequency of the delivery of services or treatment provided
1761	shall be determined by the professionals providing the services
1762	or treatment on a case-by-case basis and adjusted according to
1763	their best professional judgment.
1764	5.  The location of the delivery of the services.
1765	6.  The staff of the department or service provider
1766	accountable for the services or treatment.
1767	7.  A description of the measurable objectives, including
1768	the timeframes specified for achieving the objectives of the
1769	case plan and addressing the identified problem.
1770	(2)  The case plan must include all available information
1771	relevant to the child's care, including, at a minimum:
1772	(a)  A description of the identified needs of the child
1773	while in care.
1774	(b)  A description of the plan for ensuring that the child
1775	receives safe and proper care and that services are provided to
1776	the child in order to address the child's needs. To the extent
1777	available and accessible, the following health, mental health,
1778	and education information and records of the child must be
1779	attached to the case plan and updated throughout the judicial
1780	review process:
1781	1.  The names and addresses of the child's health, mental
1782	health, and education providers.
1783	2.  The child's grade-level performance.
1784	3.  The child's school record.
1785	4.  Assurances that the child's placement takes into
1786	account proximity to the school in which the child is enrolled
1787	at the time of placement.
1788	5.  A record of the child's immunizations.
1789	6.  The child's known medical history, including any known
1790	problems.
1791	7.  The child's medications, if any.
1792	8.  Any other relevant health, mental health, and education
1793	information concerning the child.
1794	(3)  In addition to any other requirement, if the child is
1795	in an out-of-home placement, the case plan must include:
1796	(a)  A description of the type of placement in which the
1797	child is to be living.
1798	(b)  A description of the parent's visitation rights and
1799	obligations and the plan for sibling visitation if the child has
1800	siblings and is separated from them.
1801	(c)  When appropriate, for a child who is 13 years of age
1802	or older, a written description of the programs and services
1803	that will help the child prepare for the transition from foster
1804	care to independent living.
1805	(d)  A discussion of the safety and the appropriateness of
1806	the child's placement, which placement is intended to be safe,
1807	the least restrictive and the most family-like setting available
1808	consistent with the best interest and special needs of the
1809	child, and in as close proximity as possible to the child's
1810	home.
1811	Section 17.  Section 39.6013, Florida Statutes, is created
1812	to read:
1813	39.6013  Case plan amendments.--
1814	(1)  After the case plan has been developed under s.
1815	39.6011, the tasks and services agreed upon in the plan may not
1816	be changed or altered in any way except as provided in this
1817	section.
1818	(2)  The case plan may be amended at any time in order to
1819	change the goal of the plan, employ the use of concurrent
1820	planning, add or remove tasks the parent must complete to
1821	substantially comply with the plan, provide appropriate services
1822	for the child, and update the child's health, mental health, and
1823	education records required by s. 39.6012.
1824	(3)  The case plan may be amended upon approval of the
1825	court if all parties are in agreement regarding the amendments
1826	to the plan and the amended plan is signed by all parties and
1827	submitted to the court with a memorandum of explanation.
1828	(4)  The case plan may be amended by the court or upon
1829	motion of any party at any hearing to change the goal of the
1830	plan, employ the use of concurrent planning, or add or remove
1831	tasks the parent must complete in order to substantially comply
1832	with the plan if there is a preponderance of evidence
1833	demonstrating the need for the amendment. The need to amend the
1834	case plan may be based on information discovered or
1835	circumstances arising after the approval of the case plan for:
1836	(a)  A previously unaddressed condition that, without
1837	services, may prevent the child from safely returning to the
1838	home or may prevent the child from safely remaining in the home;
1839	(b)  The child's need for permanency, taking into
1840	consideration the child's age and developmental needs;
1841	(c)  The failure of a party to substantially comply with a
1842	task in the original case plan, including the ineffectiveness of
1843	a previously offered service; or
1844	(d)  An error or oversight in the case plan.
1845	(5)  The case plan may be amended by the court or upon the
1846	motion of any party at any hearing to provide appropriate
1847	services to the child if there is competent evidence
1848	demonstrating the need for the amendment. The reason for
1849	amending the case plan may be based on information discovered or
1850	circumstances arising after the approval of the case plan
1851	regarding the provision of safe and proper care to the child.
1852	(6)  The case plan is deemed amended as to the child's
1853	health, mental health, and education records required by s.
1854	39.6012 when the child's updated health, mental health, and
1855	education records are filed by the department under s.
1856	39.701(7)(a).
1857	(7)  Amendments must include service interventions that are
1858	the least intrusive into the life of the parent and child, must
1859	focus on clearly defined objectives, and must provide the most
1860	efficient path to quick reunification or permanent placement
1861	given the circumstances of the case and the child's need for
1862	safe and proper care. A copy of the amended plan must
1863	immediately be given to the persons identified in s. 39.6011.
1864	Section 18.  Subsections (1) and (2) of section 39.603,
1865	Florida Statutes, are amended to read:
1866	39.603  Court approvals of case planning.--
1867	(1)  All case plans and amendments to case plans must be
1868	approved by the court. At the hearing on the case plan, which
1869	shall occur in conjunction with the disposition hearing unless
1870	otherwise directed by the court, the court shall determine:
1871	(a)  All parties who were notified and are in attendance at
1872	the hearing, either in person or through a legal representative.
1873	The court may appoint a guardian ad litem under Rule 1.210,
1874	Florida Rules of Civil Procedure, to represent the interests of
1875	any parent, if the location of the parent is known but the
1876	parent is not present at the hearing and the development of the
1877	plan is based upon the physical, emotional, or mental condition
1878	or physical location of the parent.
1879	(b)  If the plan is consistent with previous orders of the
1880	court placing the child in care.
1881	(c)  If the plan is consistent with the requirements for
1882	the content of a plan as specified in this chapter.
1883	(d)  In involuntary placements, whether each parent was
1884	notified of the right to counsel at each stage of the dependency
1885	proceedings, in accordance with the Florida Rules of Juvenile
1886	Procedure.
1887	(e)  Whether each parent whose location was known was
1888	notified of the right to participate in the preparation of a
1889	case plan and of the right to receive assistance from any other
1890	person in the preparation of the case plan.
1891	(f)  Whether the plan is meaningful and designed to address
1892	facts and circumstances upon which the court based the finding
1893	of dependency in involuntary placements or the plan is
1894	meaningful and designed to address facts and circumstances upon
1895	which the child was placed in out-of-home care voluntarily.
1896	(2)  When the court determines that any of the elements
1897	considered at the hearing related to the plan have not been met,
1898	the court shall require the parties to make necessary amendments
1899	to the plan under s. 39.6013. The amended plan must be submitted
1900	to the court for review and approval within 30 days after the
1901	hearing. A copy of the amended plan must also be provided to
1902	each party, if the location of the party is known, at least 3
1903	business days before 72 hours prior to filing with the court.
1904	Section 19.  Section 39.621, Florida Statutes, is amended
1905	to read:
1906	39.621  Permanency determination by the court.--
1907	(1)  The Legislature finds that time is of the essence for
1908	permanency of children in the dependency system. A permanency
1909	hearing must be held no later than 12 months after the date the
1910	child was removed from the home or no later than 30 days after a
1911	court determines that reasonable efforts to return a child to
1912	either parent are not required, whichever occurs first. The
1913	purpose of the permanency hearing is to determine when the child
1914	will achieve the permanency goal or whether modifying the
1915	current goal is in the best interest of the child. A permanency
1916	hearing must be held at least every 12 months for any child who
1917	continues to receive supervision from the department or awaits
1918	adoption. When the court has determined that reunification with
1919	either parent is not appropriate, then the court must make a
1920	permanency determination for the child.
1921	(2)  The permanency goals available under this chapter are:
1922	(a)  Reunification;
1923	(b)  Adoption, if a petition for termination of parental
1924	rights has been or will be filed;
1925	(c)  Permanent guardianship of a dependent child under s.
1926	39.6221;
1927	(d)  Permanent placement with a fit and willing relative
1928	under s. 39.6231; or
1929	(e)  Placement in another planned permanent living
1930	arrangement under s. 39.6241.
1931	(3)(a)  At least 3 business days before the permanency
1932	hearing, the department shall file its judicial review social
1933	services report with the court and provide copies of the report
1934	to all parties. The report must include a recommended permanency
1935	goal for the child, suggest changes to the case plan, if needed,
1936	and describe why the recommended goal is in the best interest of
1937	the child.
1938	(b)  Before the permanency hearing, the department shall
1939	advise the child and the individuals with whom the child will be
1940	placed about the availability of more permanent and legally
1941	secure placements and what type of financial assistance is
1942	associated with each placement.
1943	(4)  At the permanency hearing, the court shall determine:
1944	(a)  Whether the current permanency goal for the child is
1945	appropriate or should be changed.
1946	(b)  When the child will achieve one of the permanency
1947	goals.
1948	(c)  Whether the department has made reasonable efforts to
1949	finalize the permanency plan currently in effect.
1950	(5)  The best interest of the child is the primary
1951	consideration in determining the permanency goal for the child.
1952	The court must also consider:
1953	(a)  The reasonable preference of the child if the court
1954	has found the child to be of sufficient intelligence,
1955	understanding, and experience to express a preference.
1956	(b)  Any recommendation of the guardian ad litem.
1957	(6)(a)(2)  If a child will not be reunited with a parent,
1958	adoption, under pursuant to chapter 63, is the primary
1959	permanency option available to the court. If the child is placed
1960	with a relative or with a relative of the child's half-brother
1961	or half-sister as a permanency option, the court may shall
1962	recognize the permanency of this placement without requiring the
1963	relative to adopt the child.
1964	(b)  If the court approves a permanency goal of permanent
1965	guardianship of a dependent child, placement with a fit and
1966	willing relative, or another planned permanent living
1967	arrangement, the court shall make findings as to why this
1968	permanent placement is established without adoption of the child
1969	to follow. If the court approves a permanency goal of another
1970	planned permanent living arrangement, the court shall document
1971	the compelling reasons for choosing this goal.
1972	(7)  The findings of the court regarding reasonable efforts
1973	to finalize the permanency plan must be explicitly documented,
1974	made on a case-by-case basis, and stated in the court order.
1975	(8)  The case plan must list the tasks necessary to
1976	finalize the permanency placement and shall be updated at the
1977	permanency hearing if necessary. If a concurrent case plan is in
1978	place, the court may choose between the permanency goal options
1979	presented and shall approve the goal that is in the child's best
1980	interest.
1981	(9)  The permanency placement is intended to continue until
1982	the child reaches the age of majority and may not be disturbed
1983	absent a finding by the court that the circumstances of the
1984	permanency placement are no longer in the best interest of the
1985	child. If a parent who has not had his or her parental rights
1986	terminated makes a motion for reunification or increased contact
1987	with the child, the court shall hold a hearing to determine
1988	whether the dependency case should be reopened and whether there
1989	should be a modification of the order. At the hearing, the
1990	parent must demonstrate that the safety, well-being, and
1991	physical, mental, and emotional health of the child is not
1992	endangered by the modification.
1993	(10)  The court shall base its decision concerning any
1994	motion by a parent for reunification or increased contact with a
1995	child on the effect of the decision on the safety, well-being,
1996	and physical and emotional health of the child. Factors that
1997	must be considered and addressed in the findings of fact of the
1998	order on the motion must include:
1999	(a)  The compliance or noncompliance of the parent with the
2000	case plan.
2001	(b)  The circumstances which caused the child's dependency
2002	and whether those circumstances have been resolved.
2003	(c)  The stability and longevity of the child's placement;
2004	(d)  The preferences of the child, if the child is of
2005	sufficient age and understanding to express a preference;
2006	(e)  The recommendation of the current custodian.
2007	(f)  The recommendation of the guardian ad litem, if one
2008	has been appointed.
2009	(11)  Placement of a child in a permanent guardianship,
2010	with a fit and willing relative, or in another planned permanent
2011	living arrangement does not terminate the parent-child
2012	relationship, including, but not limited to:
2013	(a)  The right of the child to inherit from his or her
2014	parents;
2015	(b)  The parents' right to consent to the child's adoption;
2016	or
2017	(c)  The parents' responsibility to provide financial,
2018	medical, and other support for the child as ordered by the
2019	court.
2020	(3)  The permanency options listed in the following
2021	paragraphs shall only be considered by the court if adoption is
2022	determined by the court to not be in the child's best interest,
2023	except as otherwise provided in subsection (2):
2024	(a)  Guardianship pursuant to chapter 744.
2025	(b)  Long-term custody.
2026	(c)  Long-term licensed custody.
2027	(d)  Independent living.
2028
2029	The permanency placement is intended to continue until the child
2030	reaches the age of majority and shall not be disturbed absent a
2031	finding by the court that the circumstances of the permanency
2032	placement are no longer in the best interest of the child.
2033	Section 20.  Section 39.6221, Florida Statutes, is created
2034	to read:
2035	39.6221  Permanent guardianship of a dependent child.--
2036	(1)  If a court determines that reunification or adoption
2037	is not in the best interest of the child, the court may place
2038	the child in a permanent guardianship with a relative or other
2039	adult approved by the court if all of the following conditions
2040	are met:
2041	(a)  The child has been in the placement for not less than
2042	the preceding 6 months.
2043	(b)  The permanent guardian is suitable and able to provide
2044	a safe and permanent home for the child.
2045	(c)  The court determines that the child and the relative
2046	or other adult are not likely to need supervision or services of
2047	the department to ensure the stability of the permanent
2048	guardianship.
2049	(d)  The permanent guardian has made a commitment to
2050	provide for the child until the child reaches the age of
2051	majority and to prepare the child for adulthood and
2052	independence.
2053	(e)  The permanent guardian agrees to give notice of any
2054	change in his or her residential address or the residence of the
2055	child by filing a written document in the dependency file of the
2056	child with the clerk of the court.
2057	(2)  In its written order establishing a permanent
2058	guardianship, the court shall:
2059	(a)  List the circumstances or reasons the child's parents
2060	are not fit to care for the child and why reunification is not
2061	possible by referring to specific findings of fact made in its
2062	order adjudicating the child dependent or by making separate
2063	findings of fact.
2064	(b)  State the reasons a permanent guardianship is being
2065	established instead of adoption.
2066	(c)  Specify the frequency and nature of visitation or
2067	contact between the child and his or her parents.
2068	(d)  Specify the frequency and nature of visitation or
2069	contact between the child and his or her grandparents, under s.
2070	39.509.
2071	(e)  Specify the frequency and nature of visitation or
2072	contact between the child and his or her siblings.
2073	(f)  Require that the permanent guardian not return the
2074	child to the physical care and custody of the person from whom
2075	the child was removed without the approval of the court.
2076	(3)  The court shall give the permanent guardian a separate
2077	order establishing the authority of the permanent guardian to
2078	care for the child, specifying what powers and duties listed in
2079	paragraph (2)(g) belong to the permanent guardian, and providing
2080	any other information the court deems proper which can be
2081	provided to persons who are not parties to the proceeding as
2082	necessary, notwithstanding the confidentiality provisions of s.
2083	39.202.
2084	(4)  A permanent guardianship of a dependent child
2085	established under this chapter is not a plenary guardianship and
2086	is not subject to the requirements of chapter 744.
2087	(5)  The court shall retain jurisdiction over the case and
2088	the child shall remain in the custody of the permanent guardian
2089	unless the order creating the permanent guardianship is modified
2090	by the court. The court shall discontinue regular review
2091	hearings and relieve the department of the responsibility for
2092	supervising the placement of the child. Notwithstanding the
2093	retention of jurisdiction, the placement shall be considered
2094	permanency for the child.
2095	(6)  Placement of a child in a permanent guardianship does
2096	not terminate the parent-child relationship, including:
2097	(a)  The right of the child to inherit from his or her
2098	parents.
2099	(b)  The parents' right to consent to the child's adoption.
2100	(c)  The parents' responsibility to provide financial,
2101	medical, and other support for the child as ordered by the
2102	court.
2103	Section 21.  Section 39.6231, Florida Statutes, is created
2104	to read:
2105	39.6231  Permanent placement with a fit and willing
2106	relative.--
2107	(1)  If a court finds that reunification or adoption are
2108	not in the best interest of a child, the court may place the
2109	child with a fit and willing relative as a permanency option if:
2110	(a)  The child has been in the placement for at least the
2111	preceding 6 months.
2112	(b)  The relative has made a commitment to provide for the
2113	child until the child reaches the age of majority and to prepare
2114	the child for adulthood and independence.
2115	(c)  The relative is suitable and able to provide a safe
2116	and permanent home for the child.
2117	(d)  The relative agrees to give notice of any change in
2118	his or her residence or the residence of the child by filing a
2119	written document with the clerk of court.
2120	(2)  The department and the guardian ad litem shall provide
2121	the court with a recommended list and description of services
2122	needed by the child and the family in order to ensure the
2123	permanency of the placement.
2124	(3)  In its written order placing the child with a fit and
2125	willing relative, the court shall:
2126	(a)  List the circumstances or reasons reunification is not
2127	possible by referring to specific findings of fact made in its
2128	order adjudicating the child dependent or by making separate
2129	findings of fact.
2130	(b)  State the reasons permanent placement with a fit and
2131	willing relative is being established instead of adoption;
2132	(c)  Specify the frequency and nature of visitation or
2133	contact between the child and his or her parents.
2134	(d)  Specify the frequency and nature of visitation or
2135	contact between the child and his or her grandparents, under s.
2136	39.509.
2137	(e)  Specify the frequency and nature of visitation or
2138	contact between the child and his or her siblings.
2139	(f)  Require that the relative not return the child to the
2140	physical care and custody of the person from whom the child was
2141	removed without the approval of the court.
2142	(4)  The court shall give the relative a separate order
2143	establishing his or her authority to care for the child and
2144	providing other information the court deems proper which can be
2145	provided to entities and individuals who are not parties to the
2146	proceeding as necessary, notwithstanding the confidentiality of
2147	s. 39.202.
2148	(5)  The department shall continue to supervise the
2149	placement with the relative until further court order. The court
2150	shall continue to review the placement at least once every 6
2151	months.
2152	(6)  Each party to the proceeding must be advised by the
2153	department and the court that placement with a fit and willing
2154	relative does not preclude the possibility of the child
2155	returning to the custody of the parent.
2156	(7)  The court shall continue to conduct permanency
2157	hearings in order to reevaluate the possibility of adoption or
2158	permanent guardianship of the child.
2159	Section 22.  Section 39.6241, Florida Statutes, is created
2160	to read:
2161	39.6241  Another planned permanent living arrangement.--
2162	(1)  If a court finds that reunification is not in the best
2163	interest of a child, the court may approve placement of the
2164	child in another planned permanent living arrangement if:
2165	(a)  The court finds a more permanent placement, such as
2166	adoption, permanent guardianship, or placement with a fit and
2167	willing relative, is not in the best interest of the child.
2168	(b)  The department documents reasons the placement will
2169	endure and how the proposed arrangement will be more stable and
2170	secure than ordinary foster care.
2171	(c)  The court finds that the health, safety, and well-
2172	being of the child will not be jeopardized by such an
2173	arrangement.
2174	(d)  There are compelling reasons to show that placement in
2175	another planned permanent living arrangement is the most
2176	appropriate permanency goal. Compelling reasons for another
2177	placement may include, but are not limited to:
2178	1.  The case of a parent and child who have a significant
2179	bond but the parent is unable to care for the child because of
2180	an emotional or physical disability and the child's foster
2181	parents have committed to raising him or her to the age of
2182	majority and to facilitate visitation with the disabled parent;
2183	2.  The case of a child for whom an Indian tribe has
2184	identified another planned permanent living arrangement for the
2185	child; or
2186	3.  The case of a foster child who is 16 years of age or
2187	older who chooses to remain in foster care and the child's
2188	foster parents are willing to care for the child until the child
2189	reaches 18 years of age.
2190	(2)  The department and the guardian ad litem must provide
2191	the court with a recommended list and description of services
2192	needed by the child, such as independent living services and
2193	medical, dental, educational, or psychological referrals, and a
2194	recommended list and description of services needed by his or
2195	her caregiver.
2196	(3)  The department shall continue to supervise the planned
2197	permanent living arrangement until further court order. The
2198	court shall continue to review the placement at least once every
2199	6 months.
2200	Section 23.  Paragraphs (a) and (c) of subsection (7),
2201	paragraph (g) of subsection (8), and subsection (9) of section
2202	39.701, Florida Statutes, are amended, and paragraph (k) is
2203	added to subsection (8) of that section, to read:
2204	39.701  Judicial review.--
2205	(7)(a)  Before Prior to every judicial review hearing or
2206	citizen review panel hearing, the social service agency shall
2207	make an investigation and social study concerning all pertinent
2208	details relating to the child and shall furnish to the court or
2209	citizen review panel a written report that includes, but is not
2210	limited to:
2211	1.  A description of the type of placement the child is in
2212	at the time of the hearing, including the safety of the child
2213	and the continuing necessity for and appropriateness of the
2214	placement.
2215	2.  Documentation of the diligent efforts made by all
2216	parties to the case plan to comply with each applicable
2217	provision of the plan.
2218	3.  The amount of fees assessed and collected during the
2219	period of time being reported.
2220	4.  The services provided to the foster family or legal
2221	custodian in an effort to address the needs of the child as
2222	indicated in the case plan.
2223	5.  A statement that either:
2224	a.  The parent, though able to do so, did not comply
2225	substantially with the provisions of the case plan, and the
2226	agency recommendations;
2227	b.  The parent did substantially comply with the provisions
2228	of the case plan; or
2229	c.  The parent has partially complied with the provisions
2230	of the case plan, with a summary of additional progress needed
2231	and the agency recommendations.
2232	6.  A statement from the foster parent or legal custodian
2233	providing any material evidence concerning the return of the
2234	child to the parent or parents.
2235	7.  A statement concerning the frequency, duration, and
2236	results of the parent-child visitation, if any, and the agency
2237	recommendations for an expansion or restriction of future
2238	visitation.
2239	8.  The number of times a child has been removed from his
2240	or her home and placed elsewhere, the number and types of
2241	placements that have occurred, and the reason for the changes in
2242	placement.
2243	9.  The number of times a child's educational placement has
2244	been changed, the number and types of educational placements
2245	which have occurred, and the reason for any change in placement.
2246	10.  If the child has reached 13 years of age but is not
2247	yet 18 years of age, the results of the preindependent living,
2248	life skills, or independent living assessment; the specific
2249	services needed; and the status of the delivery of the
2250	identified services.
2251	11.  Copies of all medical, psychological, and educational
2252	records that support the terms of the case plan and that have
2253	been produced concerning the child, parents, or any caregiver
2254	since the last judicial review hearing.
2255	12.  Copies of the child's current health, mental health,
2256	and education records as identified in s. 39.6012.
2257	(c)  In a case in which the child has been permanently
2258	placed with the social service agency, the agency shall furnish
2259	to the court a written report concerning the progress being made
2260	to place the child for adoption. If the child cannot be placed
2261	for adoption, a report on the progress made by the child towards
2262	alternative permanency goals or placements, including, but not
2263	limited to, guardianship, permanent guardianship under s.
2264	39.6221, permanent placement under s. 39.6231 long-term custody,
2265	long-term licensed custody, or independent living, must be
2266	submitted to the court. The report must be submitted to the
2267	court at least 72 hours before each scheduled judicial review.
2268	(8)  The court and any citizen review panel shall take into
2269	consideration the information contained in the social services
2270	study and investigation and all medical, psychological, and
2271	educational records that support the terms of the case plan;
2272	testimony by the social services agency, the parent, the foster
2273	parent or legal custodian, the guardian ad litem if one has been
2274	appointed for the child, and any other person deemed
2275	appropriate; and any relevant and material evidence submitted to
2276	the court, including written and oral reports to the extent of
2277	their probative value. These reports and evidence may be
2278	received by the court in its effort to determine the action to
2279	be taken with regard to the child and may be relied upon to the
2280	extent of their probative value, even though not competent in an
2281	adjudicatory hearing. In its deliberations, the court and any
2282	citizen review panel shall seek to determine:
2283	(g)  Whether the child is receiving safe and proper care
2284	according to s. 39.6012, including, but not limited to, the
2285	appropriateness of the child's current placement, including
2286	whether the child is in a setting that which is as family-like
2287	and as close to the parent's home as possible, consistent with
2288	the child's best interests and special needs, and including
2289	maintaining stability in the child's educational placement.
2290	(k)  If amendments to the case plan are required.
2291	Amendments to the case plan must be made under s. 39.6013.
2292	(9)(a)  Based upon the criteria set forth in subsection (8)
2293	and the recommended order of the citizen review panel, if any,
2294	the court shall determine whether or not the social service
2295	agency shall initiate proceedings to have a child declared a
2296	dependent child, return the child to the parent, continue the
2297	child in out-of-home care for a specified period of time, or
2298	initiate termination of parental rights proceedings for
2299	subsequent placement in an adoptive home. Amendments
2300	Modifications to the case plan must be prepared handled as
2301	prescribed in s. 39.6013 s. 39.601. If the court finds that the
2302	prevention or reunification efforts of the department will allow
2303	the child to remain safely at home or be safely returned to the
2304	home, the court shall allow the child to remain in or return to
2305	the home after making a specific finding of fact that the
2306	reasons for the creation of the case plan have been remedied to
2307	the extent that the child's safety, well-being, and physical,
2308	mental, and emotional health will not be endangered.
2309	(b)  The court shall return the child to the custody of the
2310	parents at any time it determines that they have substantially
2311	complied with the case plan, if the court is satisfied that
2312	reunification will not be detrimental to the child's safety,
2313	well-being, and physical, mental, and emotional health.
2314	(c)  If, in the opinion of the court, the social service
2315	agency has not complied with its obligations as specified in the
2316	written case plan, the court may find the social service agency
2317	in contempt, shall order the social service agency to submit its
2318	plans for compliance with the agreement, and shall require the
2319	social service agency to show why the child could not safely be
2320	returned to the home of the parents.
2321	(d)  The court may extend the time limitation of the case
2322	plan, or may modify the terms of the plan, based upon
2323	information provided by the social service agency, and the
2324	guardian ad litem, if one has been appointed, the parent or
2325	parents, and the foster parents or legal custodian, and any
2326	other competent information on record demonstrating the need for
2327	the amendment. If the court extends the time limitation of the
2328	case plan, the court must make specific findings concerning the
2329	frequency of past parent-child visitation, if any, and the court
2330	may authorize the expansion or restriction of future visitation.
2331	Modifications to the plan must be handled as prescribed in s.
2332	39.601. Any extension of a case plan must comply with the time
2333	requirements and other requirements specified by this chapter.
2334	(d)(e)  If, at any judicial review, the court finds that
2335	the parents have failed to substantially comply with the case
2336	plan to the degree that further reunification efforts are
2337	without merit and not in the best interest of the child, on its
2338	own motion, the court it may order authorize the filing of a
2339	petition for termination of parental rights, whether or not the
2340	time period as contained in the case plan for substantial
2341	compliance has expired elapsed.
2342	(e)(f)  No later than 6 12 months after the date that the
2343	child was placed in shelter care, the court shall conduct a
2344	judicial review hearing to review plan for the child's
2345	permanency goal as identified in the case plan. At the hearing,
2346	the court shall make findings regarding the likelihood of the
2347	child's reunification with the parent or legal custodian within
2348	12 months after the removal of the child from the home. If, at
2349	this hearing, the court makes a written finding that it is not
2350	likely that the child will be reunified with the parent or legal
2351	custodian within 12 months after the child was removed from the
2352	home, the department must file with the court and serve on all
2353	parties a motion to amend the case plan under s. 39.6013 and
2354	declare that it will use concurrent planning for the case plan.
2355	The department must file the motion no later than 10 business
2356	days after receiving the written finding of the court. The
2357	department must attach the proposed amended case plan to the
2358	motion. If concurrent planning is already being used, the case
2359	plan must document the efforts the department is taking to
2360	complete the concurrent goal. At this hearing, if the child is
2361	not returned to the physical custody of the parents, the case
2362	plan may be extended with the same goals only if the court finds
2363	that the situation of the child is so extraordinary that the
2364	plan should be extended. The case plan must document steps the
2365	department is taking to find an adoptive parent or other
2366	permanent living arrangement for the child.
2367	(f)(g)  The court may issue a protective order in
2368	assistance, or as a condition, of any other order made under
2369	this part. In addition to the requirements included in the case
2370	plan, the protective order may set forth requirements relating
2371	to reasonable conditions of behavior to be observed for a
2372	specified period of time by a person or agency who is before the
2373	court; and the such order may require any such person or agency
2374	to make periodic reports to the court containing such
2375	information as the court in its discretion may prescribe.
2376	Section 24.  Section 39.8055, Florida Statutes, is created
2377	to read:
2378	39.8055  Requirement to file termination of parental rights
2379	petition; exceptions.--
2380	(1)  The department shall file a petition to terminate
2381	parental rights within 60 days after any of the following
2382	events:
2383	(a)  If, at the time of the 12-month judicial review
2384	hearing, a child is not returned to the physical custody of the
2385	parents;
2386	(b)  If a petition for termination of parental rights has
2387	not otherwise been filed and the child has been in out-of-home
2388	care under the responsibility of the state for 15 of the most
2389	recent 22 months, calculated on a cumulative basis, but not
2390	including any trial home visits or time during which the child
2391	was a runaway;
2392	(c)  If the parent has been convicted of murder of the
2393	other parent, manslaughter of the other parent, aiding or
2394	abetting or conspiracy or solicitation to murder the other
2395	parent, or a felony battery that resulted in serious bodily
2396	injury to the child or to any other child of the parent; or
2397	(d)  If a court determines that reasonable efforts to
2398	reunify the child and parent are not required.
2399	(2)  Notwithstanding subsection (1), the department may
2400	choose not to file or join in a petition to terminate the
2401	parental rights of a parent if:
2402	(a)  The child is being cared for by a relative under s.
2403	39.6231; or
2404	(b)  The department has documented in the report to the
2405	court a compelling reason for determining that filing such a
2406	petition would not be in the best interest of the child.
2407	Compelling reasons for not filing or joining a petition to
2408	terminate parental rights may include, but are not limited to:
2409	1.  Adoption is not the appropriate permanency goal for the
2410	child;
2411	2.  No grounds to file a petition to terminate parental
2412	rights exist;
2413	3.  The child is an unaccompanied refugee minor as defined
2414	in 45 C.F.R. s. 400.111;
2415	4.  There are international legal obligations or compelling
2416	foreign policy reasons that would preclude terminating parental
2417	rights; or
2418	5.  The department has not provided to the family,
2419	consistent with the time period in the case plan, services that
2420	the department deems necessary for the safe return of the child
2421	to the home.
2422	(3)  Upon good cause shown by any party or on its own
2423	motion, the court may review the determination by the department
2424	that compelling reasons exist for not filing a petition for
2425	termination of parental rights.
2426	Section 25.  Subsections (1) and (2) of section 39.806,
2427	Florida Statutes, are amended to read:
2428	39.806  Grounds for termination of parental rights.--
2429	(1)  The department, the guardian ad litem, or any person
2430	who has knowledge of the facts alleged or who is informed of
2431	those facts and believes that they are true may petition Grounds
2432	for the termination of parental rights may be established under
2433	any of the following circumstances:
2434	(a)  When the parent or parents have voluntarily executed a
2435	written surrender of the child and consented to the entry of an
2436	order giving custody of the child to the department for
2437	subsequent adoption and the department is willing to accept
2438	custody of the child.
2439	1.  The surrender document must be executed before two
2440	witnesses and a notary public or other person authorized to take
2441	acknowledgments.
2442	2.  The surrender and consent may be withdrawn after
2443	acceptance by the department only after a finding by the court
2444	that the surrender and consent were obtained by fraud or under
2445	duress.
2446	(b)  Abandonment as defined in s. 39.01(1) or when the
2447	identity or location of the parent or parents is unknown and
2448	cannot be ascertained by diligent search within 60 days.
2449	(c)  When the parent or parents engaged in conduct toward
2450	the child or toward other children that demonstrates that the
2451	continuing involvement of the parent or parents in the parent-
2452	child relationship threatens the life, safety, well-being, or
2453	physical, mental, or emotional health of the child irrespective
2454	of the provision of services. Provision of services may be
2455	evidenced by proof that services were provided through a
2456	previous plan or offered as a case plan from a child welfare
2457	agency.
2458	(d)  When the parent of a child is incarcerated in a state
2459	or federal correctional institution and either:
2460	1.  The period of time for which the parent is expected to
2461	be incarcerated will constitute a substantial portion of the
2462	period of time before the child will attain the age of 18 years;
2463	2.  The incarcerated parent has been determined by the
2464	court to be a violent career criminal as defined in s. 775.084,
2465	a habitual violent felony offender as defined in s. 775.084, or
2466	a sexual predator as defined in s. 775.21; has been convicted of
2467	first degree or second degree murder in violation of s. 782.04
2468	or a sexual battery that constitutes a capital, life, or first
2469	degree felony violation of s. 794.011; or has been convicted of
2470	an offense in another jurisdiction which is substantially
2471	similar to one of the offenses listed in this paragraph. As used
2472	in this section, the term "substantially similar offense" means
2473	any offense that is substantially similar in elements and
2474	penalties to one of those listed in this subparagraph, and that
2475	is in violation of a law of any other jurisdiction, whether that
2476	of another state, the District of Columbia, the United States or
2477	any possession or territory thereof, or any foreign
2478	jurisdiction; or
2479	3.  The court determines by clear and convincing evidence
2480	that continuing the parental relationship with the incarcerated
2481	parent would be harmful to the child and, for this reason, that
2482	termination of the parental rights of the incarcerated parent is
2483	in the best interest of the child.
2484	(e)  A petition for termination of parental rights may also
2485	be filed When a child has been adjudicated dependent, a case
2486	plan has been filed with the court, and:
2487	1.  The child continues to be abused, neglected, or
2488	abandoned by the parents. In this case, the failure of the
2489	parents to substantially comply for a period of 12 months after
2490	an adjudication of the child as a dependent child or the child's
2491	placement into shelter care, whichever came first, constitutes
2492	evidence of continuing abuse, neglect, or abandonment unless the
2493	failure to substantially comply with the case plan was due
2494	either to the lack of financial resources of the parents or to
2495	the failure of the department to make reasonable efforts to
2496	reunify the parent and child. The Such 12-month period begins
2497	may begin to run only after the child's placement into shelter
2498	care or the entry of a disposition order placing the custody of
2499	the child with the department or a person other than the parent
2500	and the approval by the court of a case plan with a goal of
2501	reunification with the parent, whichever came first; or
2502	2.  The parent has materially breached the case plan by
2503	making it unlikely that he or she will be able to substantially
2504	comply with the case plan before the time for compliance
2505	expires. Because time is of the essence for permanency of
2506	children in the dependency system and, thus, in order to prove
2507	the parent has materially breached the case plan, the court must
2508	find by clear and convincing evidence that the parent is
2509	unlikely or unable to substantially comply with the case plan
2510	before time expires to comply with the case plan.
2511	(f)  When the parent or parents engaged in egregious
2512	conduct or had the opportunity and capability to prevent and
2513	knowingly failed to prevent egregious conduct that threatens the
2514	life, safety, or physical, mental, or emotional health of the
2515	child or the child's sibling.
2516	1.  As used in this subsection, the term "sibling" means
2517	another child who resides with or is cared for by the parent or
2518	parents regardless of whether the child is related legally or by
2519	consanguinity.
2520	2.  As used in this subsection, the term "egregious
2521	conduct" means abuse, abandonment, neglect, or any other conduct
2522	of the parent or parents that is deplorable, flagrant, or
2523	outrageous by a normal standard of conduct. Egregious conduct
2524	may include an act or omission that occurred only once but was
2525	of such intensity, magnitude, or severity as to endanger the
2526	life of the child.
2527	(g)  When the parent or parents have subjected the child to
2528	aggravated child abuse as defined in s. 827.03, sexual battery
2529	or sexual abuse as defined in s. 39.01, or chronic abuse.
2530	(h)  When the parent or parents have committed murder or
2531	voluntary manslaughter of another child, or a felony assault
2532	that results in serious bodily injury to the child or another
2533	child, or aided or abetted, attempted, conspired, or solicited
2534	to commit such a murder or voluntary manslaughter or felony
2535	assault.
2536	(i)  When the parental rights of the parent to a sibling
2537	have been terminated involuntarily.
2538	(2)  Reasonable efforts to preserve and reunify families
2539	are shall not be required if a court of competent jurisdiction
2540	has determined that any of the events described in paragraphs
2541	(1)(e)-(i) have occurred.
2542	Section 26.  Subsection (1) of section 39.810, Florida
2543	Statutes, is amended to read:
2544	39.810  Manifest best interests of the child.--In a hearing
2545	on a petition for termination of parental rights, the court
2546	shall consider the manifest best interests of the child. This
2547	consideration shall not include a comparison between the
2548	attributes of the parents and those of any persons providing a
2549	present or potential placement for the child. For the purpose of
2550	determining the manifest best interests of the child, the court
2551	shall consider and evaluate all relevant factors, including, but
2552	not limited to:
2553	(1)  Any suitable permanent custody arrangement with a
2554	relative of the child. However, the availability of a
2555	nonadoptive placement with a relative may not receive greater
2556	consideration than any other factor weighing on the manifest
2557	best interest of the child and may not be considered as a factor
2558	weighing against termination of parental rights. If a child has
2559	been in a stable or preadoptive placement for not less than 6
2560	months, the availability of a different placement, including a
2561	placement with a relative, may not be considered as a ground to
2562	deny the termination of parental rights.
2563	Section 27.  Subsection (4) of section 39.811, Florida
2564	Statutes, is amended to read:
2565	39.811  Powers of disposition; order of disposition.--
2566	(4)  If the child is neither in the custody of the
2567	department nor in the custody of a parent and the court finds
2568	that the grounds for termination of parental rights have been
2569	established for either or both parents, the court shall enter an
2570	order terminating parental rights for the parent or parents for
2571	whom the grounds for termination have been established and
2572	placing the child with the department or an appropriate legal
2573	custodian. If the parental rights of both parents have been
2574	terminated, or if the parental rights of only one parent have
2575	been terminated and the court makes specific findings based on
2576	evidence presented that placement with the remaining parent is
2577	likely to be harmful to the child, the court may order that the
2578	child be placed with a legal custodian other than the department
2579	after hearing evidence of the suitability of the such intended
2580	placement. Suitability of the intended placement includes the
2581	fitness and capabilities of the proposed legal custodian to
2582	function as the primary caregiver for a particular child; and
2583	the compatibility of the child with the home in which the child
2584	is intended to be placed. If the court orders that a child be
2585	placed with a legal custodian under this subsection, the court
2586	shall appoint a such legal custodian either as the guardian for
2587	the child as provided in s. 744.3021 or s. 39.621 or as the
2588	long-term custodian of the child as provided in s. 39.622 so
2589	long as the child has been residing with the legal custodian for
2590	a minimum of 6 months. The court may modify the order placing
2591	the child in the custody of the legal custodian and revoke the
2592	guardianship established under s. 744.3021 or another the long-
2593	term custodial relationship if the court subsequently finds the
2594	placement to be no longer in the best interest of the child.
2595	Section 28.  Paragraph (b) of subsection (3) of section
2596	39.0015, Florida Statutes, is amended to read:
2597	39.0015  Child abuse prevention training in the district
2598	school system.--
2599	(3)  DEFINITIONS.--As used in this section:
2600	(b)  "Child abuse" means those acts as defined in ss.
2601	39.01(1), (2), (32), (42), (44), (55) (30), (43), (45), (52),
2602	and (66) (63), 827.04, and 984.03(1), (2), and (37).
2603	Section 29.  Subsection (5) of section 39.205, Florida
2604	Statutes, is amended to read:
2605	39.205  Penalties relating to reporting of child abuse,
2606	abandonment, or neglect.--
2607	(5)  If the department or its authorized agent has
2608	determined after its investigation that a report is false, the
2609	department shall, with the consent of the alleged perpetrator,
2610	refer the report to the local law enforcement agency having
2611	jurisdiction for an investigation to determine whether
2612	sufficient evidence exists to refer the case for prosecution for
2613	filing a false report as defined in s. 39.01(28) s. 39.01(27).
2614	During the pendency of the investigation by the local law
2615	enforcement agency, the department must notify the local law
2616	enforcement agency of, and the local law enforcement agency must
2617	respond to, all subsequent reports concerning children in that
2618	same family in accordance with s. 39.301. If the law enforcement
2619	agency believes that there are indicators of abuse, abandonment,
2620	or neglect, it must immediately notify the department, which
2621	must assure the safety of the children. If the law enforcement
2622	agency finds sufficient evidence for prosecution for filing a
2623	false report, it must refer the case to the appropriate state
2624	attorney for prosecution.
2625	Section 30.  Subsection (1) of section 39.302, Florida
2626	Statutes, is amended to read:
2627	39.302  Protective investigations of institutional child
2628	abuse, abandonment, or neglect.--
2629	(1)  The department shall conduct a child protective
2630	investigation of each report of institutional child abuse,
2631	abandonment, or neglect. Upon receipt of a report that alleges
2632	that an employee or agent of the department, or any other entity
2633	or person covered by s. 39.01(33) or (46) s. 39.01(31) or (47),
2634	acting in an official capacity, has committed an act of child
2635	abuse, abandonment, or neglect, the department shall initiate a
2636	child protective investigation within the timeframe established
2637	by the central abuse hotline under pursuant to s. 39.201(5) and
2638	orally notify the appropriate state attorney, law enforcement
2639	agency, and licensing agency. These agencies shall immediately
2640	conduct a joint investigation, unless independent investigations
2641	are more feasible. When conducting investigations onsite or
2642	having face-to-face interviews with the child, such
2643	investigation visits shall be unannounced unless it is
2644	determined by the department or its agent that the such
2645	unannounced visits would threaten the safety of the child. When
2646	a facility is exempt from licensing, the department shall inform
2647	the owner or operator of the facility of the report. Each agency
2648	conducting a joint investigation is shall be entitled to full
2649	access to the information gathered by the department in the
2650	course of the investigation. A protective investigation must
2651	include an onsite visit of the child's place of residence. In
2652	all cases, the department shall make a full written report to
2653	the state attorney within 3 working days after making the oral
2654	report. A criminal investigation shall be coordinated, whenever
2655	possible, with the child protective investigation of the
2656	department. Any interested person who has information regarding
2657	the offenses described in this subsection may forward a
2658	statement to the state attorney as to whether prosecution is
2659	warranted and appropriate. Within 15 days after the completion
2660	of the investigation, the state attorney shall report the
2661	findings to the department and shall include in the such report
2662	a determination of whether or not prosecution is justified and
2663	appropriate in view of the circumstances of the specific case.
2664	Section 31.  For the purpose of incorporating the
2665	amendments made by this act to section 39.806, Florida Statutes,
2666	in a reference thereto, subsection (5) of section 39.802,
2667	Florida Statutes, is reenacted to read:
2668	39.802  Petition for termination of parental rights;
2669	filing; elements.--
2670	(5)  When a petition for termination of parental rights is
2671	filed under s. 39.806(1), a separate petition for dependency
2672	need not be filed and the department need not offer the parents
2673	a case plan with a goal of reunification, but may instead file
2674	with the court a case plan with a goal of termination of
2675	parental rights to allow continuation of services until the
2676	termination is granted or until further orders of the court are
2677	issued.
2678	Section 32.  Subsection (1) of section 39.828, Florida
2679	Statutes, is amended to read:
2680	39.828  Grounds for appointment of a guardian advocate.--
2681	(1)  The court shall appoint the person named in the
2682	petition as a guardian advocate with all the powers and duties
2683	specified in s. 39.829 for an initial term of 1 year upon a
2684	finding that:
2685	(a)  The child named in the petition is or was a drug
2686	dependent newborn as described in s. 39.01(32)(g) s.
2687	39.01(30)(g);
2688	(b)  The parent or parents of the child have voluntarily
2689	relinquished temporary custody of the child to a relative or
2690	other responsible adult;
2691	(c)  The person named in the petition to be appointed the
2692	guardian advocate is capable of carrying out the duties as
2693	provided in s. 39.829; and
2694	(d)  A petition to adjudicate the child dependent under
2695	pursuant to this chapter has not been filed.
2696	Section 33.  Subsection (3) of section 63.092, Florida
2697	Statutes, is amended to read:
2698	63.092  Report to the court of intended placement by an
2699	adoption entity; at-risk placement; preliminary study.--
2700	(3)  PRELIMINARY HOME STUDY.--Before placing the minor in
2701	the intended adoptive home, a preliminary home study must be
2702	performed by a licensed child-placing agency, a child-caring
2703	agency registered under s. 409.176, a licensed professional, or
2704	agency described in s. 61.20(2), unless the adoptee is an adult
2705	or the petitioner is a stepparent or a relative. If the adoptee
2706	is an adult or the petitioner is a stepparent or a relative, a
2707	preliminary home study may be required by the court for good
2708	cause shown. The department is required to perform the
2709	preliminary home study only if there is no licensed child-
2710	placing agency, child-caring agency registered under s. 409.176,
2711	licensed professional, or agency described in s. 61.20(2), in
2712	the county where the prospective adoptive parents reside. The
2713	preliminary home study must be made to determine the suitability
2714	of the intended adoptive parents and may be completed prior to
2715	identification of a prospective adoptive minor. A favorable
2716	preliminary home study is valid for 1 year after the date of its
2717	completion. Upon its completion, a copy of the home study must
2718	be provided to the intended adoptive parents who were the
2719	subject of the home study. A minor may not be placed in an
2720	intended adoptive home before a favorable preliminary home study
2721	is completed unless the adoptive home is also a licensed foster
2722	home under s. 409.175. The preliminary home study must include,
2723	at a minimum:
2724	(a)  An interview with the intended adoptive parents;
2725	(b)  Records checks of the department's central abuse
2726	registry and criminal records correspondence checks under s.
2727	39.0138 pursuant to s. 435.045 through the Department of Law
2728	Enforcement on the intended adoptive parents;
2729	(c)  An assessment of the physical environment of the home;
2730	(d)  A determination of the financial security of the
2731	intended adoptive parents;
2732	(e)  Documentation of counseling and education of the
2733	intended adoptive parents on adoptive parenting;
2734	(f)  Documentation that information on adoption and the
2735	adoption process has been provided to the intended adoptive
2736	parents;
2737	(g)  Documentation that information on support services
2738	available in the community has been provided to the intended
2739	adoptive parents; and
2740	(h)  A copy of each signed acknowledgment of receipt of
2741	disclosure required by s. 63.085.
2742
2743	If the preliminary home study is favorable, a minor may be
2744	placed in the home pending entry of the judgment of adoption. A
2745	minor may not be placed in the home if the preliminary home
2746	study is unfavorable. If the preliminary home study is
2747	unfavorable, the adoption entity may, within 20 days after
2748	receipt of a copy of the written recommendation, petition the
2749	court to determine the suitability of the intended adoptive
2750	home. A determination as to suitability under this subsection
2751	does not act as a presumption of suitability at the final
2752	hearing. In determining the suitability of the intended adoptive
2753	home, the court must consider the totality of the circumstances
2754	in the home. No minor may be placed in a home in which there
2755	resides any person determined by the court to be a sexual
2756	predator as defined in s. 775.21 or to have been convicted of an
2757	offense listed in s. 63.089(4)(b)2.
2758	Section 34.  Paragraph (b) of subsection (3) of section
2759	409.165, Florida Statutes, is amended to read:
2760	409.165  Alternate care for children.--
2761	(3)  With the written consent of parents, custodians, or
2762	guardians, or in accordance with those provisions in chapter 39
2763	that relate to dependent children, the department, under rules
2764	properly adopted, may place a child:
2765	(b)  With an adult nonrelative approved by the court for
2766	permanent guardianship long-term custody;
2767
2768	under such conditions as are determined to be for the best
2769	interests or the welfare of the child. Any child placed in an
2770	institution or in a family home by the department or its agency
2771	may be removed by the department or its agency, and such other
2772	disposition may be made as is for the best interest of the
2773	child, including transfer of the child to another institution,
2774	another home, or the home of the child. Expenditure of funds
2775	appropriated for out-of-home care can be used to meet the needs
2776	of a child in the child's own home or the home of a relative if
2777	the child can be safely served in the child's own home or that
2778	of a relative if placement can be avoided by the expenditure of
2779	such funds, and if the expenditure of such funds in this manner
2780	is calculated by the department to be a potential cost savings.
2781	Section 35.  Subsection (3) of section 409.1685, Florida
2782	Statutes, is amended to read:
2783	409.1685  Children in foster care; annual report to
2784	Legislature.--The Department of Children and Family Services
2785	shall submit a written report to the substantive committees of
2786	the Legislature concerning the status of children in foster care
2787	and concerning the judicial review mandated by part X of chapter
2788	39. This report shall be submitted by March 1 of each year and
2789	shall include the following information for the prior calendar
2790	year:
2791	(3)  The number of termination of parental rights
2792	proceedings instituted during that period which shall include:
2793	(a)  The number of termination of parental rights
2794	proceedings initiated pursuant to s. 39.8055 s. 39.703; and
2795	(b)  The total number of terminations of parental rights
2796	ordered.
2797	Section 36.  Paragraph (d) of subsection (1) of section
2798	419.001, Florida Statutes, is amended to read:
2799	419.001  Site selection of community residential homes.--
2800	(1)  For the purposes of this section, the following
2801	definitions shall apply:
2802	(d)  "Resident" means any of the following: a frail elder
2803	as defined in s. 400.618; a physically disabled or handicapped
2804	person as defined in s. 760.22(7)(a); a developmentally disabled
2805	person as defined in s. 393.063; a nondangerous mentally ill
2806	person as defined in s. 394.455(18); or a child who is found to
2807	be dependent or a child in need of services as defined in s.
2808	39.01(14), s. 984.03(9) or (12), or s. 985.03(8).
2809	Section 37.  Sections 39.601, 39.622, 39.623, 39.624,
2810	39.703, and 435.045, Florida Statutes, are repealed.
2811	Section 38.  This act shall take effect July 1, 2006.

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