| 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 |
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| 43 | Be It Enacted by the Legislature of the State of Florida: |
| 44 |
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| 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. |