| 1 | A bill to be entitled | 
| 2 | An act relating to care of children; creating the "Zahid  | 
| 3 | Jones Give Relatives a Voice Act"; amending s. 39.201,  | 
| 4 | F.S.; providing for the Department of Children and Family  | 
| 5 | Services to analyze certain unaccepted reports to the  | 
| 6 | central abuse hotline; amending s. 39.202, F.S.; expanding  | 
| 7 | access to certain confidential reports of child abuse or  | 
| 8 | neglect to include physicians, psychologists, and mental  | 
| 9 | health professionals; amending s. 39.301, F.S.; providing  | 
| 10 | conditions for a relative to be a collateral contact in  | 
| 11 | certain child protective investigations; providing for a  | 
| 12 | relative to request notice of proceedings and hearings  | 
| 13 | relating to protective investigations under certain  | 
| 14 | circumstances; specifying content of the request; amending  | 
| 15 | s. 39.304, F.S.; providing for preservation in department  | 
| 16 | records of certain photographs and X rays and reports on  | 
| 17 | medical examinations and treatments of an abused child;  | 
| 18 | amending s. 39.402, F.S.; requiring notification of  | 
| 19 | certain relatives in an order for placement of a child in  | 
| 20 | shelter care of their right to attend hearings and submit  | 
| 21 | reports to the court; amending s. 39.502, F.S.; providing  | 
| 22 | for certain relatives to receive notice of dependency  | 
| 23 | hearings under certain circumstances; providing an  | 
| 24 | exception; amending s. 39.506, F.S.; providing for certain  | 
| 25 | relatives to receive notice of arraignment hearings under  | 
| 26 | certain circumstances; amending s. 39.5085, F.S.; revising  | 
| 27 | legislative intent with regard to the Relative Caregiver  | 
| 28 | Program; authorizing the department to develop liaison  | 
| 29 | functions for certain relatives; amending s. 39.6011,  | 
| 30 | F.S.; requiring a case plan for a child receiving services  | 
| 31 | from the department to include a protocol for notification  | 
| 32 | of certain relatives of proceedings and hearings; amending  | 
| 33 | s. 39.6013, F.S.; conforming a cross-reference; amending  | 
| 34 | s. 39.701, F.S.; requiring an attorney for the department  | 
| 35 | to provide notice to certain relatives of the child  | 
| 36 | regarding upcoming judicial hearings; conforming cross- | 
| 37 | references; amending s. 683.10, F.S.; designating the  | 
| 38 | first Sunday after Labor Day as "Grandparents' and Family  | 
| 39 | Caregivers' Day"; authorizing the Governor to issue  | 
| 40 | proclamations commemorating the occasion; providing an  | 
| 41 | effective date. | 
| 42 | 
  | 
| 43 | Be It Enacted by the Legislature of the State of Florida: | 
| 44 | 
  | 
| 45 |      Section 1.  This act may be cited as the "Zahid Jones Give  | 
| 46 | Relatives a Voice Act." | 
| 47 |      Section 2.  Subsection (7) of section 39.201, Florida  | 
| 48 | Statutes, is amended to read: | 
| 49 |      39.201  Mandatory reports of child abuse, abandonment, or  | 
| 50 | neglect; mandatory reports of death; central abuse hotline.-- | 
| 51 |      (7)  On an ongoing basis, the department's quality  | 
| 52 | assurance program shall review calls to the hotline involving  | 
| 53 | three or more unaccepted reports on a single child, where  | 
| 54 | jurisdiction applies, in order to detect such things as  | 
| 55 | harassment and situations that warrant an investigation because  | 
| 56 | of the frequency or variety of the source of the reports. A  | 
| 57 | component of the quality assurance program shall analyze  | 
| 58 | unaccepted reports to the hotline by identified relatives as a  | 
| 59 | part of the review of screened out calls. The Program Director  | 
| 60 | for Family Safety may refer a case for investigation when it is  | 
| 61 | determined, as a result of this review, that an investigation  | 
| 62 | may be warranted. | 
| 63 |      Section 3.  Paragraph (r) is added to subsection (2) of  | 
| 64 | section 39.202, Florida Statutes, to read: | 
| 65 |      39.202  Confidentiality of reports and records in cases of  | 
| 66 | child abuse or neglect.-- | 
| 67 |      (2)  Except as provided in subsection (4), access to such  | 
| 68 | records, excluding the name of the reporter which shall be  | 
| 69 | released only as provided in subsection (5), shall be granted  | 
| 70 | only to the following persons, officials, and agencies: | 
| 71 |      (r)  A physician licensed under chapter 458 or chapter 459,  | 
| 72 | a psychologist licensed under chapter 490, or a mental health  | 
| 73 | professional licensed under chapter 491 engaged in the care or  | 
| 74 | treatment of the child. | 
| 75 |      Section 4.  Paragraph (b) of subsection (14) of section  | 
| 76 | 39.301, Florida Statutes, is amended to read: | 
| 77 |      39.301  Initiation of protective investigations.-- | 
| 78 |      (14) | 
| 79 |      (b)  The parents or legal custodians shall be informed of  | 
| 80 | the right to refuse services, as well as the responsibility of  | 
| 81 | the department to protect the child regardless of the acceptance  | 
| 82 | or refusal of services. If the services are refused, a  | 
| 83 | collateral contact required under subparagraph (10)(b)2. shall  | 
| 84 | include a relative, if the protective investigator has knowledge  | 
| 85 | of and the ability to contact a relative. If the services are  | 
| 86 | refused and the department deems that the child's need for  | 
| 87 | protection so requires, the department shall take the child into  | 
| 88 | protective custody or petition the court as provided in this  | 
| 89 | chapter. A relative may submit in writing to the protective  | 
| 90 | investigator or case manager a request to receive notification  | 
| 91 | of all proceedings and hearings in accordance with s. 39.502.  | 
| 92 | The request shall include the relative's name, address, and  | 
| 93 | phone number and the relative's relationship to the child. The  | 
| 94 | protective investigator or case manager shall forward such  | 
| 95 | request to the attorney for the department. | 
| 96 |      Section 5.  Subsection (4) of section 39.304, Florida  | 
| 97 | Statutes, is amended to read: | 
| 98 |      39.304  Photographs, medical examinations, X rays, and  | 
| 99 | medical treatment of abused, abandoned, or neglected child.-- | 
| 100 |      (4)  Any photograph or report on examinations made or X  | 
| 101 | rays taken pursuant to this section, or copies thereof, shall be  | 
| 102 | sent to the department as soon as possible and shall be  | 
| 103 | preserved in permanent form in records held by the department. | 
| 104 |      Section 6.  Paragraph (h) of subsection (8) of section  | 
| 105 | 39.402, Florida Statutes, is amended to read: | 
| 106 |      39.402  Placement in a shelter.-- | 
| 107 |      (8) | 
| 108 |      (h)  The order for placement of a child in shelter care  | 
| 109 | must identify the parties present at the hearing and must  | 
| 110 | contain written findings: | 
| 111 |      1.  That placement in shelter care is necessary based on  | 
| 112 | the criteria in subsections (1) and (2). | 
| 113 |      2.  That placement in shelter care is in the best interest  | 
| 114 | of the child. | 
| 115 |      3.  That continuation of the child in the home is contrary  | 
| 116 | to the welfare of the child because the home situation presents  | 
| 117 | a substantial and immediate danger to the child's physical,  | 
| 118 | mental, or emotional health or safety which cannot be mitigated  | 
| 119 | by the provision of preventive services. | 
| 120 |      4.  That based upon the allegations of the petition for  | 
| 121 | placement in shelter care, there is probable cause to believe  | 
| 122 | that the child is dependent or that the court needs additional  | 
| 123 | time, which may not exceed 72 hours, in which to obtain and  | 
| 124 | review documents pertaining to the family in order to  | 
| 125 | appropriately determine the risk to the child. | 
| 126 |      5.  That the department has made reasonable efforts to  | 
| 127 | prevent or eliminate the need for removal of the child from the  | 
| 128 | home. A finding of reasonable effort by the department to  | 
| 129 | prevent or eliminate the need for removal may be made and the  | 
| 130 | department is deemed to have made reasonable efforts to prevent  | 
| 131 | or eliminate the need for removal if: | 
| 132 |      a.  The first contact of the department with the family  | 
| 133 | occurs during an emergency; | 
| 134 |      b.  The appraisal of the home situation by the department  | 
| 135 | indicates that the home situation presents a substantial and  | 
| 136 | immediate danger to the child's physical, mental, or emotional  | 
| 137 | health or safety which cannot be mitigated by the provision of  | 
| 138 | preventive services; | 
| 139 |      c.  The child cannot safely remain at home, either because  | 
| 140 | there are no preventive services that can ensure the health and  | 
| 141 | safety of the child or because, even with appropriate and  | 
| 142 | available services being provided, the health and safety of the  | 
| 143 | child cannot be ensured; or | 
| 144 |      d.  The parent or legal custodian is alleged to have  | 
| 145 | committed any of the acts listed as grounds for expedited  | 
| 146 | termination of parental rights in s. 39.806(1)(f)-(i). | 
| 147 |      6.  That the court notified the parents or legal custodians  | 
| 148 | of the time, date, and location of the next dependency hearing  | 
| 149 | and of the importance of the active participation of the parents  | 
| 150 | or legal custodians in all proceedings and hearings. | 
| 151 |      7.  That the court notified the parents or legal custodians  | 
| 152 | of their right to counsel to represent them at the shelter  | 
| 153 | hearing and at each subsequent hearing or proceeding, and the  | 
| 154 | right of the parents to appointed counsel, pursuant to the  | 
| 155 | procedures set forth in s. 39.013. | 
| 156 |      8.  That the court notified relatives who are providing  | 
| 157 | out-of-home care for a child as a result of the shelter petition  | 
| 158 | being granted that they have the right to attend all subsequent  | 
| 159 | hearings and to submit reports to the court regarding the child  | 
| 160 | who is in their care. | 
| 161 |      Section 7.  Subsection (1) of section 39.502, Florida  | 
| 162 | Statutes, is amended, and subsection (19) is added to that  | 
| 163 | section, to read: | 
| 164 |      39.502  Notice, process, and service.-- | 
| 165 |      (1)  Unless parental rights have been terminated, all  | 
| 166 | parents must be notified of all proceedings or hearings  | 
| 167 | involving the child. Notice in cases involving shelter hearings  | 
| 168 | and hearings resulting from medical emergencies must be that  | 
| 169 | most likely to result in actual notice to the parents. In all  | 
| 170 | other dependency proceedings, notice must be provided in  | 
| 171 | accordance with subsections (4)-(9), except when a relative  | 
| 172 | requests notification pursuant to s. 39.301(14)(b), in which  | 
| 173 | case notice shall be provided pursuant to subsection (19). | 
| 174 |      (19)  In all proceedings under this part, the attorney for  | 
| 175 | the department shall notify, orally or in writing, a relative  | 
| 176 | requesting notification pursuant to s. 39.301(14)(b) of the  | 
| 177 | date, time, and location of such proceedings. The court has the  | 
| 178 | discretion to release the attorney for the department from  | 
| 179 | notifying a relative who requested notification pursuant to s.  | 
| 180 | 39.301(14)(b) if the relative's involvement is determined to be  | 
| 181 | impeding the dependency process or detrimental to the child's  | 
| 182 | well-being. | 
| 183 |      Section 8.  Subsection (9) of section 39.506, Florida  | 
| 184 | Statutes, is amended to read: | 
| 185 |      39.506  Arraignment hearings.-- | 
| 186 |      (9)  At the conclusion of the arraignment hearing, all  | 
| 187 | parties and the relatives who are providing out-of-home care for  | 
| 188 | the child shall be notified in writing by the court of the date,  | 
| 189 | time, and location for the next scheduled hearing. | 
| 190 |      Section 9.  Paragraphs (a) through (d) of subsection (1) of  | 
| 191 | section 39.5085, Florida Statutes, are redesignated as  | 
| 192 | paragraphs (b) through (e), respectively, a new paragraph (a) is  | 
| 193 | added to subsection (1), and paragraph (g) of subsection (2) of  | 
| 194 | that section is amended, to read: | 
| 195 |      39.5085  Relative Caregiver Program.-- | 
| 196 |      (1)  It is the intent of the Legislature in enacting this  | 
| 197 | section to: | 
| 198 |      (a)  Provide for the establishment of procedures and  | 
| 199 | protocols that serve to advance the continued safety of children  | 
| 200 | by acknowledging the valued resource uniquely available through  | 
| 201 | grandparents and relatives of children. | 
| 202 |      (2) | 
| 203 |      (g)  The department may use appropriate available state,  | 
| 204 | federal, and private funds to operate the Relative Caregiver  | 
| 205 | Program. The department may develop liaison functions to be  | 
| 206 | available to relatives who care for children pursuant to this  | 
| 207 | chapter to ensure placement stability in extended family  | 
| 208 | settings. | 
| 209 |      Section 10.  Paragraphs (b) and (c) of subsection (4) of  | 
| 210 | section 39.6011, Florida Statutes, are redesignated as  | 
| 211 | paragraphs (c) and (d), respectively, and a new paragraph (b) is  | 
| 212 | added to that subsection to read: | 
| 213 |      39.6011  Case plan development.-- | 
| 214 |      (4)  The case plan must describe: | 
| 215 |      (b)  The responsibility of the case manager to forward a  | 
| 216 | relative's request to receive notification of all proceedings  | 
| 217 | and hearings submitted pursuant to s. 39.301(14)(b) to the  | 
| 218 | attorney for the department. | 
| 219 |      Section 11.  Subsection (6) of section 39.6013, Florida  | 
| 220 | Statutes, is amended to read: | 
| 221 |      39.6013  Case plan amendments.-- | 
| 222 |      (6)  The case plan is deemed amended as to the child's  | 
| 223 | health, mental health, and education records required by s.  | 
| 224 | 39.6012 when the child's updated health and education records  | 
| 225 | are filed by the department under s. 39.701(8)(7)(a). | 
| 226 |      Section 12.  Subsections (6) through (9) of section 39.701,  | 
| 227 | Florida Statutes, are renumbered as subsections (7) through  | 
| 228 | (10), respectively, a new subsection (6) is added to that  | 
| 229 | section, and paragraph (c) of subsection (2), paragraph (b) of  | 
| 230 | present subsection (6), and paragraph (a) of present subsection  | 
| 231 | (9) are amended, to read: | 
| 232 |      39.701  Judicial review.-- | 
| 233 |      (2) | 
| 234 |      (c)  Notice of a hearing by a citizen review panel must be  | 
| 235 | provided as set forth in subsection (5). At the conclusion of a  | 
| 236 | citizen review panel hearing, each party may propose a  | 
| 237 | recommended order to the chairperson of the panel. Thereafter,  | 
| 238 | the citizen review panel shall submit its report, copies of the  | 
| 239 | proposed recommended orders, and a copy of the panel's  | 
| 240 | recommended order to the court. The citizen review panel's  | 
| 241 | recommended order must be limited to the dispositional options  | 
| 242 | available to the court in subsection (10) (9). Each party may  | 
| 243 | file exceptions to the report and recommended order of the  | 
| 244 | citizen review panel in accordance with Rule 1.490, Florida  | 
| 245 | Rules of Civil Procedure. | 
| 246 |      (6)  The attorney for the department shall notify a  | 
| 247 | relative who submits a request for notification of all  | 
| 248 | proceedings and hearings pursuant to s. 39.301(14)(b). The  | 
| 249 | notice shall include the date, time, and location of the next  | 
| 250 | judicial review hearing. | 
| 251 |      (7)(6) | 
| 252 |      (b)  At the first judicial review hearing held subsequent  | 
| 253 | to the child's 17th birthday, in addition to the requirements of  | 
| 254 | subsection (8) (7), the department shall provide the court with  | 
| 255 | an updated case plan that includes specific information related  | 
| 256 | to independent living services that have been provided since the  | 
| 257 | child's 13th birthday, or since the date the child came into  | 
| 258 | foster care, whichever came later. | 
| 259 |      (10)(9)(a)  Based upon the criteria set forth in subsection  | 
| 260 | (9) (8) and the recommended order of the citizen review panel,  | 
| 261 | if any, the court shall determine whether or not the social  | 
| 262 | service agency shall initiate proceedings to have a child  | 
| 263 | declared a dependent child, return the child to the parent,  | 
| 264 | continue the child in out-of-home care for a specified period of  | 
| 265 | time, or initiate termination of parental rights proceedings for  | 
| 266 | subsequent placement in an adoptive home. Amendments to the case  | 
| 267 | plan must be prepared as prescribed in s. 39.6013. If the court  | 
| 268 | finds that the prevention or reunification efforts of the  | 
| 269 | department will allow the child to remain safely at home or be  | 
| 270 | safely returned to the home, the court shall allow the child to  | 
| 271 | remain in or return to the home after making a specific finding  | 
| 272 | of fact that the reasons for the creation of the case plan have  | 
| 273 | been remedied to the extent that the child's safety, well-being,  | 
| 274 | and physical, mental, and emotional health will not be  | 
| 275 | endangered. | 
| 276 |      Section 13.  Section 683.10, Florida Statutes, is amended  | 
| 277 | to read: | 
| 278 |      683.10  Grandparents' and Family Caregivers' Grandmother's  | 
| 279 | Day.-- | 
| 280 |      (1)  The first Sunday after Labor Day second Sunday of  | 
| 281 | October of each year is designated "Grandparents' and Family  | 
| 282 | Caregivers' Grandmother's Day." | 
| 283 |      (2)  The Governor may issue annually a proclamation  | 
| 284 | designating the first Sunday after Labor Day second Sunday of  | 
| 285 | October as Grandparents' and Family Caregivers' Grandmother's  | 
| 286 | Day and calling upon public schools and citizens of the state to  | 
| 287 | observe the occasion. | 
| 288 |      Section 14.  This act shall take effect July 1, 2008. |