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A bill to be entitled

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An act relating to dependent children; amending s. 39.01,

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F.S.; redefining the term "harm" to provide that a mother

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harms her child's health or welfare by using a controlled

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substance during pregnancy without regard to whether using

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the controlled substance adversely affected the child;

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reenacting ss. 39.0015(3)(b) and 39.828(1)(a), F.S.,

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relating to child abuse prevention training in the

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district school system and grounds for appointment of a

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guardian advocate, respectively, to incorporate the

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amendments made to s. 39.01, F.S., in references thereto;

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providing an effective date.

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

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     Section 1.  Paragraph (g) of subsection (31) of section

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39.01, Florida Statutes, is amended to read:

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

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context otherwise requires:

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     (31)  "Harm" to a child's health or welfare can occur when

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any person:

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     (g)  Exposes a child to a controlled substance or alcohol.

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Exposure to a controlled substance or alcohol is established by:

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

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during pregnancy when the child, at birth, is demonstrably

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adversely affected by such usage; or

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     2. Use by the mother of alcohol during pregnancy when the

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child, at birth, is demonstrably adversely affected by such

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usage; or

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     3.2. Continued chronic and severe use of a controlled

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substance or alcohol by a parent when the child is demonstrably

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adversely affected by such usage.

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

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prescription drugs not prescribed for the parent or not

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administered as prescribed and controlled substances as outlined

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in Schedule I or Schedule II of s. 893.03.

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     Section 2.  For the purpose of incorporating the amendments

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made by this act to section 39.01, Florida Statutes, in a

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reference thereto, paragraph (b) of subsection (3) of section

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39.0015, Florida Statutes, is reenacted to read:

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     39.0015  Child abuse prevention training in the district

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school system.--

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     (3)  DEFINITIONS.--As used in this section:

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     (b)  "Child abuse" means those acts as defined in ss.

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39.01(1), (2), (31), (41), (43), (55), and (66), 827.04, and

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984.03(1), (2), and (37).

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     Section 3.  For the purpose of incorporating the amendments

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made by this act to section 39.01, Florida Statutes, in a

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reference thereto, of subsection (1) of section 39.828, Florida

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Statutes, is reenacted to read:

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     39.828  Grounds for appointment of a guardian advocate.--

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     (1)  The court shall appoint the person named in the

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petition as a guardian advocate with all the powers and duties

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specified in s. 39.829 for an initial term of 1 year upon a

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finding that:

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     (a)  The child named in the petition is or was a drug

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dependent newborn as described in s. 39.01(31)(g);

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     (b)  The parent or parents of the child have voluntarily

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relinquished temporary custody of the child to a relative or

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other responsible adult;

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     (c)  The person named in the petition to be appointed the

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guardian advocate is capable of carrying out the duties as

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provided in s. 39.829; and

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     (d)  A petition to adjudicate the child dependent under this

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chapter has not been filed.

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     Section 4.  This act shall take effect July 1, 2008.