HB 7077

1	A bill to be entitled
2	An act relating to child protection; amending s. 39.01,
3	F.S.; defining the term "child who has exhibited
4	inappropriate sexual behavior"; amending s. 39.0121, F.S.;
5	authorizing the Department of Children and Family Services
6	to adopt rules providing for reporting, locating,
7	recovering, and stabilizing missing children who are
8	involved with the department; amending s. 39.0138, F.S.;
9	specifying additional persons to be subject to a criminal
10	history records check prior to placement of a child;
11	requiring a criminal history records check of persons
12	being considered for placement of a child to include a
13	search of the department's automated abuse information
14	system; authorizing the department to adopt rules
15	establishing standards for evaluating such information;
16	creating s. 39.0141, F.S.; requiring the department, the
17	community-based care provider, or the appropriate law
18	enforcement agency to file a report following a
19	determination that a child involved with the department is
20	missing; amending s. 39.201, F.S.; providing for
21	additional methods to report suspected child abuse,
22	abandonment, and neglect of a child or to report a child
23	who has exhibited inappropriate sexual behavior; amending
24	s. 39.301, F.S.; conforming language relating to reporting
25	suspected child abuse, abandonment, and neglect; providing
26	certain exceptions to the requirements that a child
27	protective investigation be closed within 60 days;
28	amending s. 39.307, F.S.; revising provisions relating to
29	the provision of services to a child in cases of child-on-
30	child sexual abuse to include a child who has exhibited
31	inappropriate sexual behavior; revising terminology;
32	amending s. 39.401, F.S.; requiring judicial review and
33	approval for the placement of a child with a nonrelative;
34	providing conditions for and limitations on nonrelative
35	placements; amending s. 39.502, F.S.; requiring certain
36	notice to foster and preadoptive parents of any hearings
37	involving the child in their care; amending s. 39.503,
38	F.S.; revising procedures relating to diligent searches
39	for missing parents and relatives; amending s. 39.504,
40	F.S.; revising procedures related to injunctions pending
41	disposition of petition issued to protect a child;
42	requiring that such injunctions remain in effect until
43	modified or dissolved by the court; providing additional
44	conditions for an injunction to protect a child from
45	domestic violence; providing for process of service;
46	authorizing law enforcement officers to exercise certain
47	arrest powers; amending s. 39.507, F.S.; limiting a court
48	to one order adjudicating dependency; providing for
49	supplemental findings; correcting a cross-reference;
50	amending s. 39.521, F.S.; providing an exception from the
51	requirement for a predisposition study in dependency
52	proceedings; correcting cross-references; amending s.
53	39.701, F.S.; requiring that notice of a judicial review
54	of a child's status be served on certain persons
55	regardless of whether or not they attended a prior hearing
56	at which the hearing was announced; amending s. 63.0541,
57	F.S.; permitting certain information contained in the
58	Florida Putative Father Registry to be disclosed to the
59	department; amending s. 322.142, F.S.; authorizing the
60	department to be provided copies of driver's license files
61	maintained by the Department of Highway Safety and Motor
62	Vehicles for the purpose of conducting protective
63	investigations and expediting the determination of
64	eligibility for public assistance; amending s. 402.401;
65	providing for administration of the Florida Child Welfare
66	Student Loan Forgiveness Program by the Department of
67	Children and Family Services rather than the Department of
68	Education; authorizing loan reimbursement to certain
69	eligible employees; revising loan eligibility
70	requirements; amending s. 409.1671, F.S.; providing for
71	certain coverage in lieu of personal motor vehicle
72	insurance for automobiles not owned by a lead agency that
73	are used for agency business; amending s. 409.175, F.S.;
74	revising requirements for licensure as a foster home or
75	child-caring agency; deleting the exemption from licensure
76	for persons who receive a child from the department;
77	clarifying that a permanent guardian is exempt from
78	licensure; amending s. 787.04, F.S.; prohibiting a person
79	from knowingly and willfully taking or removing a minor
80	from the state or concealing the location of a minor
81	during the pendency of a dependency proceeding or any
82	other action concerning alleged abuse or neglect of the
83	minor; amending s. 937.021, F.S.; requiring that a report
84	of a missing child made by the department, a community-
85	based care provider, or the appropriate law enforcement
86	agency be treated as a missing child report filed by a
87	parent or guardian; prohibiting a law enforcement agency
88	from requiring an order that a child be taken into custody
89	or any other such order before accepting a missing child
90	report for investigation; amending s. 985.04, F.S.;
91	providing for the disclosure of certain records relating
92	to children having a history of inappropriate sexual
93	behavior to school superintendents; amending ss. 393.0661,
94	393.071, 393.125, 39.0015, 39.205, 39.302, 39.6011,
95	39.828, and 419.001, F.S.; conforming cross-references;
96	amending s. 1, ch. 2007-174, Laws of Florida; extending
97	the date for the repeal of provisions authorizing the
98	reorganization of the Department of Children and Family
99	Services; providing effective dates.
100
101	Be It Enacted by the Legislature of the State of Florida:
102
103	Section 1.  Subsections (14) through (74) of section 39.01,
104	Florida Statutes, are renumbered as subsections (15) through
105	(75), respectively, and a new subsection (14) is added to that
106	section to read:
107	39.01  Definitions.--When used in this chapter, unless the
108	context otherwise requires:
109	(14)  "Child who has exhibited inappropriate sexual
110	behavior" means a child who is 12 years of age or younger and
111	has been found by the department or the court to have committed
112	an inappropriate sexual act.
113	Section 2.  Subsection (16) is added to section 39.0121,
114	Florida Statutes, to read:
115	39.0121  Specific rulemaking authority.--Pursuant to the
116	requirements of s. 120.536, the department is specifically
117	authorized to adopt, amend, and repeal administrative rules
118	which implement or interpret law or policy, or describe the
119	procedure and practice requirements necessary to implement this
120	chapter, including, but not limited to, the following:
121	(16)  Provision for reporting, locating, recovering, and
122	stabilizing a child whose whereabouts become unknown while the
123	child is involved with the department and for preventing
124	recurrences of such incidents. At a minimum, the rules must:
125	(a)  Provide comprehensive, explicit, and consistent
126	guidelines to be followed by the department's employees and
127	contracted providers when the whereabouts of a child involved
128	with the department is unknown.
129	(b)  Include criteria to determine when a child is missing
130	for purposes of making a report to a law enforcement agency and
131	require that in all cases in which a law enforcement agency has
132	accepted a case for criminal investigation pursuant to s.
133	39.301(2)(c) and the child's whereabouts are unknown, the child
134	shall be considered missing and a report shall be made.
135	(c)  Include steps to be taken by employees and contracted
136	providers to ensure and provide evidence that parents and
137	guardians have been advised of the requirements of s. 787.04(3)
138	and that any violation of s. 787.04(3) is reported.
139	Section 3.  Subsection (1) of section 39.0138, Florida
140	Statutes, is amended to read:
141	39.0138  Criminal history records check; limit on placement
142	of a child.--
143	(1)  The department shall conduct a criminal history
144	records check on for all persons being considered by the
145	department for approval for placement of a child subject to a
146	placement decision under this chapter, including all nonrelative
147	placement decisions, all members of the household of the person
148	being considered, and all frequent visitors to the household.
149	For purposes of this section, a criminal history records check
150	may include, but is not limited to, submission of fingerprints
151	to the Department of Law Enforcement for processing and
152	forwarding to the Federal Bureau of Investigation for state and
153	national criminal history information, and local criminal
154	records checks through local law enforcement agencies. A
155	criminal history records check must also include a search of the
156	department's automated abuse information system. The department
157	shall establish by rule standards for evaluating any information
158	contained in the automated system relating to a person who must
159	be screened for purposes of making a placement decision.
160	Section 4.  Section 39.0141, Florida Statutes, is created
161	to read:
162	39.0141  Missing children; report required.--Whenever the
163	whereabouts of a child involved with the department becomes
164	unknown, the department, the community-based care provider, or
165	the appropriate law enforcement agency providing investigative
166	services for the department shall make reasonable efforts, as
167	defined by rule, to locate the child. If, pursuant to criteria
168	established by rule, the child is determined to be missing, the
169	department, the community-based care provider, or the
170	appropriate law enforcement agency shall file a report that the
171	child is missing in accordance with s. 937.021.
172	Section 5.  Subsections (2), (4), and (7) of section
173	39.201, Florida Statutes, are amended to read:
174	39.201  Mandatory reports of child abuse, abandonment, or
175	neglect; mandatory reports of death; central abuse hotline.--
176	(2)(a)  Each report of known or suspected child abuse,
177	abandonment, or neglect by a parent, legal custodian, caregiver,
178	or other person responsible for the child's welfare as defined
179	in this chapter, except those solely under s. 827.04(3), and
180	each report that a child is in need of supervision and care and
181	has no parent, legal custodian, or responsible adult relative
182	immediately known and available to provide supervision and care
183	shall be made immediately to the department's central abuse
184	hotline. Such reports may be made on the single statewide toll-
185	free telephone number or via fax or web-based report. Personnel
186	at the department's central abuse hotline shall determine if the
187	report received meets the statutory definition of child abuse,
188	abandonment, or neglect. Any report meeting one of these
189	definitions shall be accepted for the protective investigation
190	pursuant to part III of this chapter.
191	(b)  If the report is of an instance of known or suspected
192	child abuse by someone other than a parent, legal custodian,
193	caregiver, or other person responsible for the child's welfare
194	as defined in this chapter, the report or call shall be
195	immediately electronically transferred to the appropriate law
196	enforcement agency county sheriff's office by the central abuse
197	hotline.
198	(c)  If the report is of an instance of known or suspected
199	child abuse, abandonment, or neglect that occurred out of state
200	and the alleged perpetrator and the child alleged to be a victim
201	live out of state, the central abuse hotline shall not accept
202	the report or call for investigation, but shall transfer the
203	information on the report to the appropriate state.
204	(d)  If the report is of an instance of known or suspected
205	child abuse involving impregnation of a child under 16 years of
206	age by a person 21 years of age or older solely under s.
207	827.04(3), the report shall be made immediately to the
208	appropriate county sheriff's office or other appropriate law
209	enforcement agency. If the report is of an instance of known or
210	suspected child abuse solely under s. 827.04(3), the reporting
211	provisions of this subsection do not apply to health care
212	professionals or other persons who provide medical or counseling
213	services to pregnant children when such reporting would
214	interfere with the provision of medical services.
215	(e)  Reports involving known or suspected institutional
216	child abuse or neglect shall be made and received in the same
217	manner as all other reports made pursuant to this section.
218	(f)  Reports involving a known or suspected juvenile sexual
219	offender or a child who has exhibited inappropriate sexual
220	behavior shall be made and received by the department.
221	1.  The department shall determine the age of the alleged
222	juvenile sexual offender, if known.
223	2.  If When the alleged juvenile sexual offender is 12
224	years of age or younger, the central abuse hotline shall
225	immediately electronically transfer the report or call to the
226	appropriate law enforcement agency office. The department shall
227	conduct an assessment and assist the family in receiving
228	appropriate services pursuant to s. 39.307, and send a written
229	report of the allegation to the appropriate law enforcement
230	agency county sheriff's office within 48 hours after the initial
231	report is made to the central abuse hotline.
232	3.  If When the alleged juvenile sexual offender is 13
233	years of age or older, the central abuse hotline department
234	shall immediately electronically transfer the report or call to
235	the appropriate law enforcement agency county sheriff's office
236	by the central abuse hotline, and send a written report to the
237	appropriate law enforcement agency county sheriff's office
238	within 48 hours after the initial report to the central abuse
239	hotline.
240	(g)  Reports involving abandoned newborn infants as
241	described in s. 383.50 shall be made and received by the
242	department.
243	1.  If the report is of an abandoned newborn infant as
244	described in s. 383.50 and there is no indication of abuse,
245	neglect, or abandonment other than that necessarily entailed in
246	the infant having been left at a hospital, emergency medical
247	services station, or fire station, the department shall provide
248	to the caller the name of a licensed child-placing agency on a
249	rotating basis from a list of licensed child-placing agencies
250	eligible and required to accept physical custody of and to place
251	newborn infants left at a hospital, emergency medical services
252	station, or fire station. The report shall not be considered a
253	report of abuse, neglect, or abandonment solely because the
254	infant has been left at a hospital, emergency medical services
255	station, or fire station pursuant to s. 383.50.
256	2.  If the call, fax, or web-based report includes caller
257	reports indications of abuse or neglect beyond that necessarily
258	entailed in the infant having been left at a hospital, emergency
259	medical services station, or fire station, the report shall be
260	considered as a report of abuse, neglect, or abandonment and
261	shall be subject to the requirements of s. 39.395 and all other
262	relevant provisions of this chapter, notwithstanding any
263	provisions of chapter 383.
264	(h)  Hotline counselors shall receive periodic training in
265	encouraging reporters to provide their names when reporting
266	abuse, abandonment, or neglect. Callers shall be advised of the
267	confidentiality provisions of s. 39.202. The department shall
268	secure and install electronic equipment that automatically
269	provides to the hotline the number from which the call or fax is
270	placed or the Internet protocol (IP) address from which the
271	report is received. This number shall be entered into the report
272	of abuse, abandonment, or neglect and become a part of the
273	record of the report, but shall enjoy the same confidentiality
274	as provided to the identity of the reporter caller pursuant to
275	s. 39.202.
276	(i)  The department shall voice-record all incoming or
277	outgoing calls that are received or placed by the central abuse
278	hotline which relate to suspected or known child abuse, neglect,
279	or abandonment. The department shall maintain an electronic copy
280	of each fax and web-based report. The recording or electronic
281	copy of each fax and web-based report shall become a part of the
282	record of the report but, notwithstanding s. 39.202, shall be
283	released in full only to law enforcement agencies and state
284	attorneys for the purpose of investigating and prosecuting
285	criminal charges pursuant to s. 39.205, or to employees of the
286	department for the purpose of investigating and seeking
287	administrative penalties pursuant to s. 39.206. Nothing in this
288	paragraph shall prohibit the use of the recordings, the
289	electronic copies of faxes, and web-based reports by hotline
290	staff for quality assurance and training.
291	(4)  The department shall establish and maintain a central
292	abuse hotline to receive all reports made pursuant to this
293	section in writing, via fax, via web-based reporting, or through
294	a single statewide toll-free telephone number, which any person
295	may use to report known or suspected child abuse, abandonment,
296	or neglect at any hour of the day or night, any day of the week.
297	The central abuse hotline shall be operated in such a manner as
298	to enable the department to:
299	(a)  Immediately identify and locate prior reports or cases
300	of child abuse, abandonment, or neglect through utilization of
301	the department's automated tracking system.
302	(b)  Monitor and evaluate the effectiveness of the
303	department's program for reporting and investigating suspected
304	abuse, abandonment, or neglect of children through the
305	development and analysis of statistical and other information.
306	(c)  Track critical steps in the investigative process to
307	ensure compliance with all requirements for any report of abuse,
308	abandonment, or neglect.
309	(d)  Maintain and produce aggregate statistical reports
310	monitoring patterns of child abuse, child abandonment, and child
311	neglect. The department shall collect and analyze child-on-child
312	sexual abuse reports and include the information in aggregate
313	statistical reports.
314	(e)  Serve as a resource for the evaluation, management,
315	and planning of preventive and remedial services for children
316	who have been subject to abuse, abandonment, or neglect.
317	(f)  Initiate and enter into agreements with other states
318	for the purpose of gathering and sharing information contained
319	in reports on child maltreatment to further enhance programs for
320	the protection of children.
321	(7)  On an ongoing basis, the department's quality
322	assurance program shall review calls, fax reports, and web-based
323	reports to the hotline involving three or more unaccepted
324	reports on a single child, where jurisdiction applies, in order
325	to detect such things as harassment and situations that warrant
326	an investigation because of the frequency or variety of the
327	source of the reports. The Program Director for Family Safety
328	may refer a case for investigation when it is determined, as a
329	result of this review, that an investigation may be warranted.
330	Section 6.  Subsections (1) and (16) of section 39.301,
331	Florida Statutes, are amended to read:
332	39.301  Initiation of protective investigations.--
333	(1)  Upon receiving a an oral or written report of known or
334	suspected child abuse, abandonment, or neglect, or that a child
335	is in need of supervision and care and has no parent, legal
336	custodian, or responsible adult relative immediately known and
337	available to provide supervision and care, the central abuse
338	hotline shall determine if the report requires an immediate
339	onsite protective investigation. For reports requiring an
340	immediate onsite protective investigation, the central abuse
341	hotline shall immediately notify the department's designated
342	children and families district staff responsible for protective
343	investigations to ensure that an onsite investigation is
344	promptly initiated. For reports not requiring an immediate
345	onsite protective investigation, the central abuse hotline shall
346	notify the department's designated children and families
347	district staff responsible for protective investigations in
348	sufficient time to allow for an investigation. At the time of
349	notification of district staff with respect to the report, the
350	central abuse hotline shall also provide information on any
351	previous report concerning a subject of the present report or
352	any pertinent information relative to the present report or any
353	noted earlier reports.
354	(16)  The department shall complete its protective
355	investigation within No later than 60 days after receiving the
356	initial report, unless: the local office of the department shall
357	complete its investigation.
358	(a)  There is an active, concurrent criminal investigation
359	that will continue beyond the 60-day period and the closure of
360	the protective investigation may compromise successful criminal
361	prosecution of the child abuse or neglect case, in which case
362	the closure date shall coincide with the closure date of the
363	criminal investigation and any resulting legal action.
364	(b)  In child death cases, the final report of the medical
365	examiner is necessary for the department to close its
366	investigation and the report has not been received within the
367	60-day period, in which case the report closure date shall be
368	extended to accommodate the medical examiner's final report.
369	(c)  A child who is necessary to an investigation has been
370	declared missing by the department, a law enforcement agency, or
371	a court, in which case the 60-day period shall be extended until
372	the child has been located or until sufficient information
373	exists to close the investigation although the child's location
374	remains unknown.
375	Section 7.  Subsections (2), (3), (4), and (5) of section
376	39.307, Florida Statutes, are amended to read:
377	39.307  Reports of child-on-child sexual abuse.--
378	(2)  District staff, at a minimum, shall adhere to the
379	following procedures:
380	(a)  The purpose of the response to a report alleging
381	juvenile sexual abuse behavior shall be explained to the
382	caregiver.
383	1.  The purpose of the response shall be explained in a
384	manner consistent with legislative purpose and intent provided
385	in this chapter.
386	2.  The name and office telephone number of the person
387	responding shall be provided to the caregiver of the alleged
388	juvenile sexual offender or the child who has exhibited
389	inappropriate sexual behavior and the victim's caregiver.
390	3.  The possible consequences of the department's response,
391	including outcomes and services, shall be explained to the
392	caregiver of the alleged juvenile sexual offender or the child
393	who has exhibited inappropriate sexual behavior and the victim's
394	family or caregiver.
395	(b)  The caregiver of the alleged juvenile sexual offender
396	or the child who has exhibited inappropriate sexual behavior and
397	the victim's caregiver of the victim shall be involved to the
398	fullest extent possible in determining the nature of the
399	allegation and the nature of any problem or risk to other
400	children.
401	(c)  The assessment of risk and the perceived treatment
402	needs of the alleged juvenile sexual offender or the child who
403	has exhibited inappropriate sexual behavior, the victim, and
404	respective caregivers shall be conducted by the district staff,
405	the child protection team of the Department of Health, and other
406	providers under contract with the department to provide services
407	to the caregiver of the alleged offender, the victim, and the
408	victim's caregiver.
409	(d)  The assessment shall be conducted in a manner that is
410	sensitive to the social, economic, and cultural environment of
411	the family.
412	(e)  If When necessary, the child protection team of the
413	Department of Health shall conduct a physical examination of the
414	victim that which is sufficient to meet forensic requirements.
415	(f)  Based on the information obtained from the alleged
416	juvenile sexual offender or the child who exhibited
417	inappropriate sexual behavior, his or her the alleged juvenile
418	sexual offender's caregiver, the victim, and the victim's
419	caregiver, an assessment service and treatment needs report must
420	be completed within 7 days and, if needed, a case plan developed
421	within 30 days.
422	(g)  The department shall classify the outcome of its
423	initial assessment of the report as follows:
424	1.  Report closed. Services were not offered to the alleged
425	juvenile sexual offender because the department determined that
426	there was no basis for intervention.
427	2.  Services accepted by alleged offender or child who has
428	exhibited inappropriate sexual behavior. Services were offered
429	to the alleged juvenile sexual offender or the child who has
430	exhibited inappropriate sexual behavior and accepted by the
431	caregiver.
432	3.  Report closed. Services were offered to the alleged
433	juvenile sexual offender or the child who has exhibited
434	inappropriate sexual behavior, but were rejected by the
435	caregiver.
436	4.  Notification to law enforcement. Either The risk to the
437	victim's safety and well-being cannot be reduced by the
438	provision of services or the caregiver family rejected services,
439	and notification of the alleged delinquent act or violation of
440	law to the appropriate law enforcement agency was initiated.
441	5.  Services accepted by victim. Services were offered to
442	the victim of the alleged juvenile sexual offender and accepted
443	by the caregiver.
444	6.  Report closed. Services were offered to the victim of
445	the alleged juvenile sexual offender, but were rejected by the
446	caregiver.
447	(3)  If When services have been accepted by the alleged
448	juvenile sexual offender or the child who has exhibited
449	inappropriate sexual behavior, the victim, and respective
450	caregivers or family, the department shall designate a case
451	manager and develop a specific case plan.
452	(a)  Upon receipt of the plan, the caregiver or family
453	shall indicate its acceptance of the plan in writing.
454	(b)  The case manager shall periodically review the
455	progress toward achieving the objectives of the plan in order
456	to:
457	1.  Make adjustments to the plan or take additional action
458	as provided in this part; or
459	2.  Terminate the case if when indicated by successful or
460	substantial achievement of the objectives of the plan.
461	(4)(5)  Services provided to the alleged juvenile sexual
462	offender or the child who has exhibited inappropriate sexual
463	behavior, the victim, and respective caregivers or family under
464	this section shall be voluntary and of necessary duration.
465	(5)(4)  If In the event the family or caregiver of the
466	alleged juvenile sexual offender or the child who has exhibited
467	inappropriate sexual behavior fails to adequately participate or
468	allow for the adequate participation of the child juvenile
469	sexual offender in the services or treatment delineated in the
470	case plan, the case manager may recommend that the department:
471	(a)  Close the case;
472	(b)  Refer the case to mediation or arbitration, if
473	available; or
474	(c)  Notify the appropriate law enforcement agency of
475	failure to comply.
476	Section 8.  Subsection (3) of section 39.401, Florida
477	Statutes, is amended, and subsection (5) is added to that
478	section, to read:
479	39.401  Taking a child alleged to be dependent into
480	custody; law enforcement officers and authorized agents of the
481	department.--
482	(3)  If the child is taken into custody by, or is delivered
483	to, an authorized agent of the department, the authorized agent
484	shall review the facts supporting the removal with an attorney
485	representing the department. The purpose of the this review is
486	shall be to determine whether there is probable cause exists for
487	the filing of a shelter petition.
488	(a)  If the facts are not sufficient to support the filing
489	of a shelter petition, the child shall immediately be returned
490	to the custody of the parent or legal custodian.
491	(b)  If the facts are sufficient to support the filing of
492	the shelter petition and the child has not been returned to the
493	custody of the parent or legal custodian, the department shall
494	file the petition and schedule a hearing, and the attorney
495	representing the department shall request that a shelter hearing
496	be held within as quickly as possible, not to exceed 24 hours
497	after the removal of the child. While awaiting the shelter
498	hearing, the authorized agent of the department may place the
499	child in licensed shelter care or may release the child to a
500	parent or legal custodian or responsible adult relative who
501	shall be given priority consideration over a licensed placement,
502	or a responsible adult approved by the department if when this
503	is in the best interests of the child. Any Placement of a child
504	which is not in a licensed shelter must be preceded by a
505	criminal history records check pursuant to s. 39.0138 local and
506	state criminal records check, as well as a search of the
507	department's automated abuse information system, on all members
508	of the household, to assess the child's safety within the home.
509	In addition, the department may authorize placement of a
510	housekeeper/homemaker in the home of a child alleged to be
511	dependent until the parent or legal custodian assumes care of
512	the child.
513	(5)  Judicial review and approval is required within 24
514	hours after placement for all nonrelative placements. A
515	nonrelative placement shall be for a specific and predetermined
516	period of time, not to exceed 12 months, and shall be reviewed
517	by the court at least every 6 months. If the nonrelative
518	placement continues for longer than 12 months, the department
519	shall request the court to establish permanent guardianship or
520	require that the nonrelative placement seek licensure as a
521	foster care provider within 30 days after the court decision.
522	Section 9.  Subsections (1) and (17) of section 39.502,
523	Florida Statutes, are amended to read:
524	39.502  Notice, process, and service.--
525	(1)(a)  Unless parental rights have been terminated, all
526	parents must be notified of all proceedings or hearings
527	involving the child. Notice in cases involving shelter hearings
528	and hearings resulting from medical emergencies must be that
529	most likely to result in actual notice to the parents. In all
530	other dependency proceedings, notice must be provided in
531	accordance with subsections (4)-(9).
532	(b)  A foster parent or a preadoptive parent must receive
533	at least 72-hour notice, either verbally or in writing, of all
534	proceedings or hearings relating to a child in his or her care,
535	or whom the parent is seeking to adopt.
536	(17)  The parent or legal custodian of the child, the
537	attorney for the department, the guardian ad litem, the foster
538	parent, the preadoptive parent, and all other parties and
539	participants shall be given reasonable notice of all hearings
540	provided for under this part.
541	Section 10.  Subsection (6) of section 39.503, Florida
542	Statutes, is amended to read:
543	39.503  Identity or location of parent unknown; special
544	procedures.--
545	(6)  The diligent search required by subsection (5) must
546	include, at a minimum, inquiries of all relatives of the parent
547	or prospective parent made known to the petitioner, inquiries of
548	all offices of program areas of the department likely to have
549	information about the parent or prospective parent, inquiries of
550	other state and federal agencies likely to have information
551	about the parent or prospective parent, inquiries of appropriate
552	utility and postal providers, a thorough search of at least one
553	electronic database specifically designed for locating missing
554	parents and relatives, a search of the putative father registry,
555	and inquiries of appropriate law enforcement agencies. Pursuant
556	to s. 453 of the Social Security Act, 42 U.S.C. s. 653(c)(4),
557	the department, as the state agency administering Titles IV-B
558	and IV-E of the act, along with any entity contracted by the
559	department to perform diligent searches, shall be provided
560	access to the federal and state parent locator service for
561	diligent search activities. A search using an electronic
562	database specifically designed for locating missing parents and
563	relatives shall be accepted by the court as a sufficient
564	diligent search provided the search tool encompasses all
565	reasonably available public databases commonly used to locate
566	missing persons.
567	Section 11.  Section 39.504, Florida Statutes, is amended
568	to read:
569	39.504  Injunction pending disposition of petition;
570	penalty.--
571	(1)(a)  At any time after a protective investigation has
572	been initiated pursuant to part III When a petition for shelter
573	placement or a petition for dependency has been filed or when a
574	child has been taken into custody and reasonable cause, as
575	defined in paragraph (b), exists, the court, upon the request of
576	the department, a law enforcement officer, the state attorney,
577	or other responsible person, or upon its own motion, may, if
578	there is reasonable cause, shall have the authority to issue an
579	injunction to prevent any act of child abuse or any unlawful
580	sexual offense involving a child.
581	(b)  Reasonable cause for the issuance of an injunction
582	exists if there is evidence of child abuse or an unlawful sexual
583	offense involving a child or if there is a reasonable likelihood
584	of such abuse or offense occurring based upon a recent overt act
585	or failure to act.
586	(2)  Notice shall be provided to the parties as set forth
587	in the Florida Rules of Juvenile Procedure, unless the child is
588	reported to be in imminent danger, in which case the court may
589	issue an injunction immediately. A judge may issue an emergency
590	injunction pursuant to this section without notice if at times
591	when the court is closed for the transaction of judicial
592	business. If When such an immediate injunction is issued, the
593	court must shall hold a hearing on the next day of judicial
594	business either to dissolve the injunction or to continue or
595	modify it in accordance with the other provisions of this
596	section.
597	(3)(a)  If In every instance in which an injunction is
598	issued under this section, the primary purpose of the injunction
599	must be shall be primarily to protect and promote the best
600	interests of the child, taking the preservation of the child's
601	immediate family into consideration. The effective period of the
602	injunction shall be determined by the court, except that the
603	injunction will expire at the time of the disposition of the
604	petition for shelter placement or dependency.
605	(a)(b)  The injunction shall apply to the alleged or actual
606	offender in a case of child abuse or acts of domestic violence
607	an unlawful sexual offense involving a child. The conditions of
608	the injunction shall be determined by the court, which
609	conditions may include ordering the alleged or actual offender
610	to:
611	1.  Refrain from further abuse or acts of domestic violence
612	unlawful sexual activity involving a child.
613	2.  Participate in a specialized treatment program.
614	3.  Limit contact or communication with the child victim,
615	other children in the home, or any other child.
616	4.  Refrain from contacting the child at home, school,
617	work, or wherever the child may be found.
618	5.  Have limited or supervised visitation with the child.
619	6.  Pay temporary support for the child or other family
620	members; the costs of medical, psychiatric, and psychological
621	treatment for the child victim incurred as a result of the
622	offenses; and similar costs for other family members.
623	7.  Vacate the home in which the child resides.
624	(b)  If the intent of the injunction is to protect the
625	child from domestic violence, the conditions may also include:
626	1.  Awarding the exclusive use and possession of the
627	dwelling to the caregiver or excluding the alleged or actual
628	offender from the residence of the caregiver.
629	2.  Awarding the temporary custody of the child to the
630	caregiver.
631	3.  Establishing temporary support for the child.
632
633	This paragraph does not preclude the adult victim of domestic
634	violence from seeking protection under s. 741.30.
635	(c)  The terms of the injunction shall remain in effect
636	until modified or dissolved by the court. The petitioner,
637	respondent, or caregiver may move at any time to modify or
638	dissolve the injunction. The injunction is valid and enforceable
639	in all counties in the state. At any time prior to the
640	disposition of the petition, the alleged or actual offender may
641	offer the court evidence of changed circumstances as a ground to
642	dissolve or modify the injunction.
643	(4)  The process of service to the respondent shall be
644	carried out pursuant to s. 741.30. The department shall deliver
645	a copy of any injunction issued pursuant to this section shall
646	be delivered to the protected party, or a parent or caregiver or
647	individual acting in the place of a parent who is not the
648	respondent, and to any law enforcement agency having
649	jurisdiction to enforce such injunction. Upon delivery of the
650	injunction to the appropriate law enforcement agency, the agency
651	shall have the duty and responsibility to enforce the
652	injunction. Law enforcement officers may exercise their arrest
653	powers as provided in s. 901.15(6) to enforce the terms of the
654	injunction.
655	(5)  Any person who fails to comply with an injunction
656	issued pursuant to this section commits is guilty of a
657	misdemeanor of the first degree, punishable as provided in s.
658	775.082 or s. 775.083.
659	Section 12.  Subsection (7) of section 39.507, Florida
660	Statutes, is amended to read:
661	39.507  Adjudicatory hearings; orders of adjudication.--
662	(7)(a)  For as long as a court maintains jurisdiction over
663	a dependency case, only one order adjudicating each child in the
664	case dependent shall be entered. This order establishes the
665	legal status of the child for purposes of proceedings under this
666	chapter and may be based on the conduct of one parent, both
667	parents, or a legal custodian.
668	(b)  Upon a properly noticed motion, a subsequent
669	evidentiary hearing may be held regarding the conduct of one
670	parent, both parents, or a custodian. With court approval,
671	supplemental findings made beyond a preponderance of the
672	evidence may be entered. The child's dependency status may not
673	be retried or readjudicated.
674	(c)  If a court adjudicates a child dependent and the child
675	is in out-of-home care, the court shall inquire of the parent or
676	parents whether the parents have relatives who might be
677	considered as a placement for the child. The court shall advise
678	the parents that, if the parents fail to substantially comply
679	with the case plan, their parental rights may be terminated and
680	that the child's out-of-home placement may become permanent. The
681	parent or parents shall provide to the court and all parties
682	identification and location information of the relatives.
683	Section 13.  Paragraphs (a) and (f) of subsection (1) of
684	section 39.521, Florida Statutes, are amended to read:
685	39.521  Disposition hearings; powers of disposition.--
686	(1)  A disposition hearing shall be conducted by the court,
687	if the court finds that the facts alleged in the petition for
688	dependency were proven in the adjudicatory hearing, or if the
689	parents or legal custodians have consented to the finding of
690	dependency or admitted the allegations in the petition, have
691	failed to appear for the arraignment hearing after proper
692	notice, or have not been located despite a diligent search
693	having been conducted.
694	(a)  A written case plan and a predisposition study
695	prepared by an authorized agent of the department must be filed
696	with the court and served upon the parents of the child,
697	provided to the representative of the guardian ad litem program,
698	if the program has been appointed, and provided to all other
699	parties, not less than 72 hours before the disposition hearing.
700	All such case plans must be approved by the court. If the court
701	does not approve the case plan at the disposition hearing, the
702	court must set a hearing within 30 days after the disposition
703	hearing to review and approve the case plan. The court may grant
704	an exception to the requirement for a predisposition study by
705	separate order or within the judge's order of disposition upon
706	finding that all information regarding the family and child
707	required by subsection (2) is available in other documents filed
708	with the court.
709	(f)  If the court places the child in an out-of-home
710	placement, the disposition order must include a written
711	determination that the child cannot safely remain at home with
712	reunification or family preservation services and that removal
713	of the child is necessary to protect the child. If the child is
714	has been removed before the disposition hearing, the order must
715	also include a written determination as to whether, after
716	removal, the department has made a reasonable effort to reunify
717	the parent and child, if reasonable efforts are required.
718	Reasonable efforts to reunify are not required if the court
719	finds has found that any of the acts listed in s. 39.806(1)(f)-
720	(i) have occurred. The department has the burden of
721	demonstrating that it has made reasonable efforts under this
722	paragraph.
723	1.  For the purposes of this paragraph, the term
724	"reasonable effort" means the exercise of reasonable diligence
725	and care by the department to provide the services ordered by
726	the court or delineated in the case plan.
727	2.  In support of its determination as to whether
728	reasonable efforts have been made, the court shall:
729	a.  Enter written findings as to whether or not prevention
730	or reunification efforts were indicated.
731	b.  If prevention or reunification efforts were indicated,
732	include a brief written description of what appropriate and
733	available prevention and reunification efforts were made.
734	c.  Indicate in writing why further efforts could or could
735	not have prevented or shortened the separation of the parent and
736	child.
737	3.  A court may find that the department has made a
738	reasonable effort to prevent or eliminate the need for removal
739	if:
740	a.  The first contact of the department with the family
741	occurs during an emergency;
742	b.  The appraisal by the department of the home situation
743	indicates that it presents a substantial and immediate danger to
744	the child's safety or physical, mental, or emotional health
745	which cannot be mitigated by the provision of preventive
746	services;
747	c.  The child cannot safely remain at home, either because
748	there are no preventive services that can ensure the health and
749	safety of the child or, even with appropriate and available
750	services being provided, the health and safety of the child
751	cannot be ensured; or
752	d.  The parent is alleged to have committed any of the acts
753	listed as grounds for expedited termination of parental rights
754	under in s. 39.806(1)(f)-(i).
755	4.  A reasonable effort by the department for reunification
756	of the parent and child has been made if the appraisal of the
757	home situation by the department indicates that the severity of
758	the conditions of dependency is such that reunification efforts
759	are inappropriate. The department has the burden of
760	demonstrating to the court that reunification efforts were
761	inappropriate.
762	5.  If the court finds that the prevention or reunification
763	effort of the department would not have permitted the child to
764	remain safely at home, the court may commit the child to the
765	temporary legal custody of the department or take any other
766	action authorized by this chapter.
767	Section 14.  Subsection (5) of section 39.701, Florida
768	Statutes, is amended to read:
769	39.701  Judicial review.--
770	(5)  Notice of a judicial review hearing or a citizen
771	review panel hearing, and a copy of the motion for judicial
772	review, if any, must be served by the clerk of the court on all
773	of the following persons, if available to be served, regardless
774	of whether or not the person was present at the previous hearing
775	at which the date, time, and location of the hearing was
776	announced upon:
777	(a)  The social service agency charged with the supervision
778	of care, custody, or guardianship of the child, if that agency
779	is not the movant.
780	(b)  The foster parent or legal custodian in whose home the
781	child resides.
782	(c)  The parents.
783	(d)  The guardian ad litem for the child, or the
784	representative of the guardian ad litem program if the program
785	has been appointed.
786	(e)  The attorney for the child.
787	(f)  The child, if the child is 13 years of age or older.
788	(g)(e)  Any preadoptive parent.
789	(h)(f)  Such other persons as the court may in its
790	discretion direct.
791
792	Service of notice is not required on any of the persons listed
793	in paragraphs (a)-(f) if the person was present at the previous
794	hearing during which the date, time, and location of the hearing
795	was announced.
796	Section 15.  Paragraph (d) is added to subsection (1) of
797	section 63.0541, Florida Statutes, to read:
798	63.0541  Public records exemption for the Florida Putative
799	Father Registry.--
800	(1)  All information contained in the Florida Putative
801	Father Registry and maintained by the Office of Vital Statistics
802	within the Department of Health is confidential and exempt from
803	public disclosure pursuant to s. 119.07(1) and s. 24(a), Art. I
804	of the State Constitution, except as otherwise provided in this
805	section. Information made confidential and exempt by this
806	section shall be disclosed to:
807	(d)  The department, upon the filing of a request for a
808	diligent search of the Florida Putative Father Registry pursuant
809	to s. 39.503.
810	Section 16.  Subsection (4) of section 322.142, Florida
811	Statutes, is amended to read:
812	322.142  Color photographic or digital imaged licenses.--
813	(4)  The department may maintain a film negative or print
814	file. The department shall maintain a record of the digital
815	image and signature of the licensees, together with other data
816	required by the department for identification and retrieval.
817	Reproductions from the file or digital record are exempt from
818	the provisions of s. 119.07(1) and shall be made and issued only
819	for departmental administrative purposes; for the issuance of
820	duplicate licenses; in response to law enforcement agency
821	requests; to the Department of State pursuant to an interagency
822	agreement to facilitate determinations of eligibility of voter
823	registration applicants and registered voters in accordance with
824	ss. 98.045 and 98.075; to the Department of Revenue pursuant to
825	an interagency agreement for use in establishing paternity and
826	establishing, modifying, or enforcing support obligations in
827	Title IV-D cases; to the Department of Children and Family
828	Services pursuant to an interagency agreement to conduct
829	protective investigations under part III of chapter 39 and s.
830	415.104 and for purposes of expediting the determination of
831	eligibility for public assistance; or to the Department of
832	Financial Services pursuant to an interagency agreement to
833	facilitate the location of owners of unclaimed property, the
834	validation of unclaimed property claims, and the identification
835	of fraudulent or false claims, and are exempt from the
836	provisions of s. 119.07(1).
837	Section 17.  Section 402.401, Florida Statutes, is amended
838	to read:
839	402.401  Florida Child Welfare Student Loan Forgiveness
840	Program.--
841	(1)  There is created the Florida Child Welfare Student
842	Loan Forgiveness Program to be administered by the Department of
843	Children and Family Services Education. The program shall
844	provide loan reimbursement assistance to eligible employees in
845	child welfare positions that are critical to the department's
846	mission, as determined by the department, and that are within
847	the department, a law enforcement agency, or a contracted
848	community-based care agency students for upper-division
849	undergraduate and graduate study. The primary purpose of the
850	program is to attract capable and promising students to the
851	child welfare profession, increase employment and retention of
852	individuals who are working towards or who have received either
853	a bachelor's degree or a master's degree in social work, or any
854	human services subject area that qualifies the individual for
855	employment as a family services worker, and provide
856	opportunities for persons making midcareer decisions to enter
857	the child welfare profession. The State Board of Education shall
858	adopt rules necessary to administer the program.
859	(2)(a)  To be eligible for a program loan, the employee's
860	outstanding student loans may not be in a default status. a
861	candidate shall:
862	1.  Be a full-time student at the upper-division
863	undergraduate or graduate level in a social work program
864	approved by the Council on Social Work Education leading to
865	either a bachelor's degree or a master's degree in social work
866	or an accredited human services degree program.
867	2.  Have declared an intent to work in child welfare for at
868	least the number of years for which a forgivable loan is
869	received at the Department of Children and Family Services or
870	its successor, or with an eligible lead community-based provider
871	as defined in s. 409.1671.
872	3.  If applying for an undergraduate forgivable loan, have
873	maintained a minimum cumulative grade point average of at least
874	a 2.5 on a 4.0 scale for all undergraduate work. Renewal
875	applicants for undergraduate loans shall have maintained a
876	minimum cumulative grade point average of at least a 2.5 on a
877	4.0 scale for all undergraduate work and have earned at least 12
878	semester credits per term, or the equivalent.
879	4.  If applying for a graduate forgivable loan, have
880	maintained an undergraduate cumulative grade point average of at
881	least a 3.0 on a 4.0 scale or have attained a Graduate Record
882	Examination score of at least 1,000. Renewal applicants for
883	graduate loans shall have maintained a minimum cumulative grade
884	point average of at least a 3.0 on a 4.0 scale for all graduate
885	work and have earned at least 9 semester credits per term, or
886	the equivalent.
887	(b)  An undergraduate forgivable loan may be awarded for 2
888	undergraduate years, not to exceed $4,000 per year.
889	(c)  A graduate forgivable loan may be awarded for 2
890	graduate years, not to exceed $8,000 per year. In addition to
891	meeting criteria specified in paragraph (a), a loan recipient at
892	the graduate level shall:
893	1.  Hold a bachelor's degree from a school or department of
894	social work at any college or university accredited by the
895	Council on Social Work Education, or hold a degree in a human
896	services field from an accredited college or university.
897	2.  Not have received an undergraduate forgivable loan as
898	provided for in paragraph (b).
899	(d)  The State Board of Education shall adopt by rule
900	repayment schedules and applicable interest rates under ss.
901	1009.82 and 1009.95. A forgivable loan must be repaid within 10
902	years after completion of a program of studies.
903	1.  Credit for repayment of an undergraduate or graduate
904	forgivable loan shall be in an amount not to exceed $4,000 in
905	loan principal plus applicable accrued interest for each full
906	year of eligible service in the child welfare profession.
907	2.  Any forgivable loan recipient who fails to work at the
908	Department of Children and Family Services or its successor, or
909	with an eligible lead community-based provider as defined in s.
910	409.1671, is responsible for repaying the loan plus accrued
911	interest at 8 percent annually.
912	3.  Forgivable loan recipients may receive loan repayment
913	credit for child welfare service rendered at any time during the
914	scheduled repayment period. However, such repayment credit shall
915	be applicable only to the current principal and accrued interest
916	balance that remains at the time the repayment credit is earned.
917	No loan recipient shall be reimbursed for previous cash payments
918	of principal and interest.
919	(3)  This section shall be implemented only as specifically
920	funded.
921	Section 18.  Paragraphs (h) and (j) of subsection (1) of
922	section 409.1671, Florida Statutes, are amended to read:
923	409.1671  Foster care and related services; outsourcing.--
924	(1)
925	(h)  Other than an entity to which s. 768.28 applies, any
926	eligible lead community-based provider, as defined in paragraph
927	(e), or its employees or officers, except as otherwise provided
928	in paragraph (i), must, as a part of its contract, obtain a
929	minimum of $1 million per claim/$3 million per incident in
930	general liability insurance coverage. The eligible lead
931	community-based provider must also require that staff who
932	transport client children and families in their personal
933	automobiles in order to carry out their job responsibilities
934	obtain minimum bodily injury liability insurance in the amount
935	of $100,000 per claim, $300,000 per incident, on their personal
936	automobiles. In lieu of such personal motor vehicle insurance,
937	the lead community-based provider's casualty, liability, or
938	motor vehicle insurance carrier may provide nonowned automobile
939	coverage that would provide the lead community-based provider
940	with coverage for automobiles that the lead community-based
941	provider does not own, lease, rent, or borrow and that are used
942	in connection with the lead community-based provider's business.
943	This coverage includes automobiles owned by the lead community-
944	based provider's employees or a member of their households but
945	only when the automobile is used in connection with the lead
946	community-based provider's business. The nonowned automobile
947	coverage for the lead community-based provider would apply as
948	excess coverage over any other collectible insurance. The
949	personal automobile policy for the employee of the lead
950	community-based provider would be primary, and the nonowned
951	automobile coverage of the lead community-based provider would
952	be excess. The lead community-based provider shall provide a
953	minimum limit of $1,000,000 in nonowned automobile coverage. In
954	any tort action brought against such an eligible lead community-
955	based provider or employee, net economic damages shall be
956	limited to $1 million per liability claim and $100,000 per
957	automobile claim, including, but not limited to, past and future
958	medical expenses, wage loss, and loss of earning capacity,
959	offset by any collateral source payment paid or payable. In any
960	tort action brought against such an eligible lead community-
961	based provider, noneconomic damages shall be limited to $200,000
962	per claim. A claims bill may be brought on behalf of a claimant
963	pursuant to s. 768.28 for any amount exceeding the limits
964	specified in this paragraph. Any offset of collateral source
965	payments made as of the date of the settlement or judgment shall
966	be in accordance with s. 768.76. The lead community-based
967	provider shall not be liable in tort for the acts or omissions
968	of its subcontractors or the officers, agents, or employees of
969	its subcontractors.
970	(j)  Any subcontractor of an eligible lead community-based
971	provider, as defined in paragraph (e), which is a direct
972	provider of foster care and related services to children and
973	families, and its employees or officers, except as otherwise
974	provided in paragraph (i), must, as a part of its contract,
975	obtain a minimum of $1 million per claim/$3 million per incident
976	in general liability insurance coverage. The subcontractor of an
977	eligible lead community-based provider must also require that
978	staff who transport client children and families in their
979	personal automobiles in order to carry out their job
980	responsibilities obtain minimum bodily injury liability
981	insurance in the amount of $100,000 per claim, $300,000 per
982	incident, on their personal automobiles. In lieu of such
983	personal motor vehicle insurance, the subcontractor's casualty,
984	liability, or motor vehicle insurance carrier may provide
985	nonowned automobile coverage that would provide the
986	subcontractor with coverage for automobiles that the
987	subcontractor does not own, lease, rent, or borrow and that are
988	used in connection with the subcontractor's business. This
989	coverage includes automobiles owned by the subcontractor 's
990	employees or a member of their households but only when the
991	automobile is used in connection with the subcontractor's
992	business. The nonowned automobile coverage for the subcontractor
993	would apply as excess coverage over any other collectible
994	insurance. The personal automobile policy for the employee of
995	the subcontractor would be primary, and the nonowned automobile
996	coverage of the subcontractor would be excess. The subcontractor
997	shall provide a minimum limit of $1,000,000 in nonowned
998	automobile coverage. In any tort action brought against such
999	subcontractor or employee, net economic damages shall be limited
1000	to $1 million per liability claim and $100,000 per automobile
1001	claim, including, but not limited to, past and future medical
1002	expenses, wage loss, and loss of earning capacity, offset by any
1003	collateral source payment paid or payable. In any tort action
1004	brought against such subcontractor, noneconomic damages shall be
1005	limited to $200,000 per claim. A claims bill may be brought on
1006	behalf of a claimant pursuant to s. 768.28 for any amount
1007	exceeding the limits specified in this paragraph. Any offset of
1008	collateral source payments made as of the date of the settlement
1009	or judgment shall be in accordance with s. 768.76.
1010	Section 19.  Paragraph (a) of subsection (4) of section
1011	409.175, Florida Statutes, is amended to read:
1012	409.175  Licensure of family foster homes, residential
1013	child-caring agencies, and child-placing agencies; public
1014	records exemption.--
1015	(4)(a)  A person, family foster home, or residential child-
1016	caring agency may shall not provide receive a child for
1017	continuing full-time child care or custody unless such person,
1018	home, or agency has first procured a license from the department
1019	to provide such care. This requirement does not apply to a
1020	person who is a relative of the child by blood, marriage, or
1021	adoption, or to a permanent legal guardian established under s.
1022	39.6221, a person who has received the child from the
1023	department, a licensed child-placing agency, or an intermediary
1024	for the purposes of adoption pursuant to chapter 63.
1025	Section 20.  Subsection (3) of section 787.04, Florida
1026	Statutes, is amended to read:
1027	787.04  Removing minors from state or concealing minors
1028	contrary to state agency order or court order.--
1029	(3)  It is unlawful for any person, with criminal intent,
1030	to knowingly and willfully lead, take, entice, or remove a minor
1031	beyond the limits of this state, or to knowingly and willfully
1032	conceal the location of a minor, during the pendency of a
1033	dependency proceeding affecting such minor or during the
1034	pendency of any investigation, action, or proceeding concerning
1035	the alleged abuse or neglect of such minor, after having
1036	received actual or constructive notice of the pendency of such
1037	investigation, action, or proceeding and without the permission
1038	of the state agency or court in which the investigation, action,
1039	or proceeding is pending.
1040	Section 21.  Subsection (1) of section 937.021, Florida
1041	Statutes, is amended to read:
1042	937.021  Missing child reports.--
1043	(1)  Upon the filing of a police report that a child is
1044	missing by the parent or guardian, the Department of Children
1045	and Family Services, a community-based care provider, or the
1046	appropriate law enforcement agency providing investigative
1047	services for the department, the law enforcement agency
1048	receiving the report shall immediately inform all on-duty law
1049	enforcement officers of the existence of the missing child
1050	report, communicate the report to every other law enforcement
1051	agency having jurisdiction in the county, and transmit the
1052	report for inclusion within the Florida Crime Information Center
1053	computer. A law enforcement agency may not require a reporter to
1054	present an order that a child be taken into custody or any other
1055	such order before accepting a report that a child is missing.
1056	Section 22.  Paragraph (c) of subsection (4) of section
1057	985.04, Florida Statutes, is amended to read:
1058	985.04  Oaths; records; confidential information.--
1059	(4)
1060	(c)  The department shall disclose to the school
1061	superintendent the presence of any child in the care and custody
1062	or under the jurisdiction or supervision of the department who
1063	has a known history of criminal sexual behavior with other
1064	juveniles; is an alleged juvenile sexual offender or a child who
1065	has exhibited inappropriate sexual behavior, as defined in s.
1066	39.01; or has pled guilty or nolo contendere to, or has been
1067	found to have committed, a violation of chapter 794, chapter
1068	796, chapter 800, s. 827.071, or s. 847.0133, regardless of
1069	adjudication. An Any employee of a district school board who
1070	knowingly and willfully discloses such information to an
1071	unauthorized person commits a misdemeanor of the second degree,
1072	punishable as provided in s. 775.082 or s. 775.083.
1073	Section 23.  Paragraph (b) of subsection (3) of section
1074	39.0015, Florida Statutes, is amended to read:
1075	39.0015  Child abuse prevention training in the district
1076	school system.--
1077	(3)  DEFINITIONS.--As used in this section:
1078	(b)  "Child abuse" means those acts as defined in ss.
1079	39.01(1), (2), (32) (31), (42) (41), (44) (43), (56) (55), and
1080	(67) (66), 827.04, and 984.03(1), (2), and (37).
1081	Section 24.  Subsection (5) of section 39.205, Florida
1082	Statutes, is amended to read:
1083	39.205  Penalties relating to reporting of child abuse,
1084	abandonment, or neglect.--
1085	(5)  If the department or its authorized agent has
1086	determined after its investigation that a report is false, the
1087	department shall, with the consent of the alleged perpetrator,
1088	refer the report to the local law enforcement agency having
1089	jurisdiction for an investigation to determine whether
1090	sufficient evidence exists to refer the case for prosecution for
1091	filing a false report as defined in s. 39.01(29)(28). During the
1092	pendency of the investigation by the local law enforcement
1093	agency, the department must notify the local law enforcement
1094	agency of, and the local law enforcement agency must respond to,
1095	all subsequent reports concerning children in that same family
1096	in accordance with s. 39.301. If the law enforcement agency
1097	believes that there are indicators of abuse, abandonment, or
1098	neglect, it must immediately notify the department, which must
1099	assure the safety of the children. If the law enforcement agency
1100	finds sufficient evidence for prosecution for filing a false
1101	report, it must refer the case to the appropriate state attorney
1102	for prosecution.
1103	Section 25.  Subsection (1) of section 39.302, Florida
1104	Statutes, is amended to read:
1105	39.302  Protective investigations of institutional child
1106	abuse, abandonment, or neglect.--
1107	(1)  The department shall conduct a child protective
1108	investigation of each report of institutional child abuse,
1109	abandonment, or neglect. Upon receipt of a report that alleges
1110	that an employee or agent of the department, or any other entity
1111	or person covered by s. 39.01(33) or (47)(32) or (46), acting in
1112	an official capacity, has committed an act of child abuse,
1113	abandonment, or neglect, the department shall initiate a child
1114	protective investigation within the timeframe established by the
1115	central abuse hotline under s. 39.201(5) and orally notify the
1116	appropriate state attorney, law enforcement agency, and
1117	licensing agency. These agencies shall immediately conduct a
1118	joint investigation, unless independent investigations are more
1119	feasible. When conducting investigations onsite or having face-
1120	to-face interviews with the child, such investigation visits
1121	shall be unannounced unless it is determined by the department
1122	or its agent that the unannounced visits would threaten the
1123	safety of the child. When a facility is exempt from licensing,
1124	the department shall inform the owner or operator of the
1125	facility of the report. Each agency conducting a joint
1126	investigation is entitled to full access to the information
1127	gathered by the department in the course of the investigation. A
1128	protective investigation must include an onsite visit of the
1129	child's place of residence. In all cases, the department shall
1130	make a full written report to the state attorney within 3
1131	working days after making the oral report. A criminal
1132	investigation shall be coordinated, whenever possible, with the
1133	child protective investigation of the department. Any interested
1134	person who has information regarding the offenses described in
1135	this subsection may forward a statement to the state attorney as
1136	to whether prosecution is warranted and appropriate. Within 15
1137	days after the completion of the investigation, the state
1138	attorney shall report the findings to the department and shall
1139	include in the report a determination of whether or not
1140	prosecution is justified and appropriate in view of the
1141	circumstances of the specific case.
1142	Section 26.  Paragraphs (b) and (c) of subsection (2) of
1143	section 39.6011, Florida Statutes, are amended to read:
1144	39.6011  Case plan development.--
1145	(2)  The case plan must be written simply and clearly in
1146	English and, if English is not the principal language of the
1147	child's parent, to the extent possible in the parent's principal
1148	language. Each case plan must contain:
1149	(b)  The permanency goal as defined in s. 39.01(52)(51).
1150	(c)  If concurrent planning is being used, a description of
1151	the permanency goal of reunification with the parent or legal
1152	custodian in addition to a description of one of the remaining
1153	permanency goals described in s. 39.01(52)(51).
1154	Section 27.  Paragraph (a) of subsection (1) of section
1155	39.828, Florida Statutes, is amended to read:
1156	39.828  Grounds for appointment of a guardian advocate.--
1157	(1)  The court shall appoint the person named in the
1158	petition as a guardian advocate with all the powers and duties
1159	specified in s. 39.829 for an initial term of 1 year upon a
1160	finding that:
1161	(a)  The child named in the petition is or was a drug
1162	dependent newborn as described in s. 39.01(32)(g)(31)(g);
1163	Section 28.  Paragraph (d) of subsection (1) of section
1164	419.001, Florida Statutes, is amended to read:
1165	419.001  Site selection of community residential homes.--
1166	(1)  For the purposes of this section, the following
1167	definitions shall apply:
1168	(d)  "Resident" means any of the following: a frail elder
1169	as defined in s. 429.65; a physically disabled or handicapped
1170	person as defined in s. 760.22(7)(a); a developmentally disabled
1171	person as defined in s. 393.063; a nondangerous mentally ill
1172	person as defined in s. 394.455(18); or a child who is found to
1173	be dependent or a child in need of services as defined in s.
1174	39.01(15)(14), s. 984.03(9) or (12), or s. 985.03.
1175	Section 29.  Effective upon this act becoming a law, and
1176	operating retroactively to June 29, 2008, subsection (3) of
1177	section 1 of chapter 2007-174, Laws of Florida, is amended to
1178	read:
1179	Section 1.  Flexibility for the Department of Children and
1180	Family Services.--
1181	(3)  This section expires June 30, 2009 2008.
1182	Section 30.  Except as otherwise expressly provided in this
1183	act and except for this section, which shall take effect upon
1184	this act becoming a law, this act shall take effect July 1,
1185	2008.

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