HB 381

1	A bill to be entitled
2	An act relating to care of children; creating the "Zahid
3	Jones, Jr., Give Grandparents and Other Relatives a Voice
4	Act"; amending s. 39.201, F.S.; providing for the
5	Department of Children and Family Services to analyze
6	certain unaccepted reports to the central abuse hotline;
7	requiring information to be provided to a reporter;
8	authorizing the submission of a written report; amending
9	s. 39.202, F.S.; expanding access to certain confidential
10	reports of child abuse or neglect to include physicians,
11	psychologists, and mental health professionals; amending
12	s. 39.301, F.S.; requiring information to be provided to a
13	reporter; authorizing the submission of a written report;
14	providing conditions for a relative to be a collateral
15	contact in certain child protective investigations;
16	providing for a relative to request notice of proceedings
17	and hearings relating to protective investigations under
18	certain circumstances; specifying content of the request;
19	conforming cross-references; amending s. 39.304, F.S.;
20	providing for preservation in department records of
21	certain photographs and X rays and reports on medical
22	examinations and treatments of an abused child; amending
23	s. 39.402, F.S.; requiring notification of certain
24	relatives in an order for placement of a child in shelter
25	care of their right to attend hearings, submit reports to
26	the court, and speak to the court; amending s. 39.502,
27	F.S.; providing for certain relatives to receive notice of
28	dependency hearings under certain circumstances; providing
29	an opportunity for certain relatives to be heard in court;
30	providing an exception; amending s. 39.506, F.S.;
31	providing for certain relatives to receive notice of
32	arraignment hearings under certain circumstances; amending
33	s. 39.5085, F.S.; revising legislative intent with regard
34	to the Relative Caregiver Program; authorizing the
35	department to develop liaison functions for certain
36	relatives; amending s. 39.6011, F.S.; requiring a case
37	plan for a child receiving services from the department to
38	include a protocol for notification of certain relatives
39	of proceedings and hearings; amending s. 39.6013, F.S.;
40	conforming a cross-reference; amending s. 39.701, F.S.;
41	requiring an attorney for the department to provide notice
42	to certain relatives of the child regarding upcoming
43	judicial hearings; conforming cross-references; amending
44	s. 39.823, F.S.; conforming a cross-reference; amending s.
45	683.10, F.S.; designating the first Sunday after Labor Day
46	as "Grandparents' and Family Caregivers' Day"; authorizing
47	the Governor to issue proclamations commemorating the
48	occasion; providing an effective date.
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1.  This act may be cited as the "Zahid Jones, Jr.,
53	Give Grandparents and Other Relatives a Voice Act."
54	Section 2.  Paragraph (b) of subsection (1) and subsection
55	(7) of section 39.201, Florida Statutes, are amended to read:
56	39.201  Mandatory reports of child abuse, abandonment, or
57	neglect; mandatory reports of death; central abuse hotline.--
58	(1)
59	(b)  Reporters in the following occupation categories are
60	required to provide their names to the hotline staff:
61	1.  Physician, osteopathic physician, medical examiner,
62	chiropractic physician, nurse, or hospital personnel engaged in
63	the admission, examination, care, or treatment of persons;
64	2.  Health or mental health professional other than one
65	listed in subparagraph 1.;
66	3.  Practitioner who relies solely on spiritual means for
67	healing;
68	4.  School teacher or other school official or personnel;
69	5.  Social worker, day care center worker, or other
70	professional child care, foster care, residential, or
71	institutional worker;
72	6.  Law enforcement officer; or
73	7.  Judge.
74
75	The names of reporters shall be entered into the record of the
76	report, but shall be held confidential and exempt as provided in
77	s. 39.202. If a report received from a reporter under this
78	paragraph is accepted for investigation, the reporter must be
79	provided contact information for the protective investigator
80	within 24 hours after an investigator has been assigned. A
81	reporter under this paragraph may provide a written summary of
82	the report to the investigator which shall become a part of the
83	master file.
84	(7)  On an ongoing basis, the department's quality
85	assurance program shall review calls, fax reports, and web-based
86	reports to the hotline involving three or more unaccepted
87	reports on a single child, where jurisdiction applies, in order
88	to detect such things as harassment and situations that warrant
89	an investigation because of the frequency or variety of the
90	source of the reports. A component of the quality assurance
91	program shall analyze unaccepted reports to the hotline by
92	identified relatives as a part of the review of screened out
93	calls. The Program Director for Family Safety may refer a case
94	for investigation when it is determined, as a result of this
95	review, that an investigation may be warranted.
96	Section 3.  Paragraph (r) is added to subsection (2) of
97	section 39.202, Florida Statutes, to read:
98	39.202  Confidentiality of reports and records in cases of
99	child abuse or neglect.--
100	(2)  Except as provided in subsection (4), access to such
101	records, excluding the name of the reporter which shall be
102	released only as provided in subsection (5), shall be granted
103	only to the following persons, officials, and agencies:
104	(r)  A physician licensed under chapter 458 or chapter 459,
105	a psychologist licensed under chapter 490, or a mental health
106	professional licensed under chapter 491 engaged in the care or
107	treatment of the child.
108	Section 4.  Subsections (6) through (23) of section 39.301,
109	Florida Statutes, are renumbered as subsections (7) through
110	(24), respectively, paragraph (c) of present subsection (9),
111	present subsection (10), and paragraph (b) of present subsection
112	(14) are amended, and a new subsection (6) is added to that
113	section, to read:
114	39.301  Initiation of protective investigations.--
115	(6)  Upon commencing an investigation under this part, if a
116	report was received from a reporter under s. 39.201(1)(b), the
117	protective investigator must provide his or her contact
118	information to the reporter within 24 hours after being assigned
119	to the investigation. The investigator must also advise the
120	reporter that he or she may provide a written summary of the
121	report made to the central abuse hotline to the investigator
122	which shall become a part of the master file.
123	(10)(9)
124	(c)  The determination that a report requires an
125	investigation as provided in this subsection and does not
126	require an enhanced onsite child protective investigation
127	pursuant to subsection (11) (10) must be approved in writing by
128	the supervisor with documentation specifying why additional
129	investigative activities are not necessary.
130	(11)(10)(a)  For each report that meets one or more of the
131	following criteria, the department shall perform an enhanced
132	onsite child protective investigation:
133	1.  Any allegation that involves physical abuse, sexual
134	abuse, domestic violence, substance abuse or substance exposure,
135	medical neglect, a child younger than 3 years of age, or a child
136	who is disabled or lacks communication skills.
137	2.  Any report that involves an individual who has been the
138	subject of a prior report containing some indicators or verified
139	findings of abuse, neglect, or abandonment.
140	3.  Any report that does not contain compelling evidence
141	that the maltreatment did not occur.
142	4.  Any report that does not meet the criteria for an
143	onsite child protective investigation as set forth in subsection
144	(10) (9).
145	(b)  The enhanced onsite child protective investigation
146	shall include, but is not limited to:
147	1.  A face-to-face interview with the child, other
148	siblings, parents or legal custodians or caregivers, and other
149	adults in the household;
150	2.  Collateral contacts;
151	3.  Contact with the reporter as required by rule;
152	4.  An onsite assessment of the child's residence in
153	accordance with paragraph (10)(9)(b); and
154	5.  An updated assessment.
155
156	Detailed documentation is required for the investigative
157	activities.
158	(15)(14)
159	(b)  The parents or legal custodians shall be informed of
160	the right to refuse services, as well as the responsibility of
161	the department to protect the child regardless of the acceptance
162	or refusal of services. If the services are refused, a
163	collateral contact required under subparagraph (11)(b)2. shall
164	include a relative, if the protective investigator has knowledge
165	of and the ability to contact a relative. If the services are
166	refused and the department deems that the child's need for
167	protection so requires, the department shall take the child into
168	protective custody or petition the court as provided in this
169	chapter. A relative may submit in writing to the protective
170	investigator or case manager a request to receive notification
171	of all proceedings and hearings in accordance with s. 39.502.
172	The request shall include the relative's name, address, and
173	phone number and the relative's relationship to the child. The
174	protective investigator or case manager shall forward such
175	request to the attorney for the department.
176	Section 5.  Subsection (4) of section 39.304, Florida
177	Statutes, is amended to read:
178	39.304  Photographs, medical examinations, X rays, and
179	medical treatment of abused, abandoned, or neglected child.--
180	(4)  Any photograph or report on examinations made or X
181	rays taken pursuant to this section, or copies thereof, shall be
182	sent to the department as soon as possible and shall be
183	preserved in permanent form in records held by the department.
184	Section 6.  Paragraph (h) of subsection (8) of section
185	39.402, Florida Statutes, is amended to read:
186	39.402  Placement in a shelter.--
187	(8)
188	(h)  The order for placement of a child in shelter care
189	must identify the parties present at the hearing and must
190	contain written findings:
191	1.  That placement in shelter care is necessary based on
192	the criteria in subsections (1) and (2).
193	2.  That placement in shelter care is in the best interest
194	of the child.
195	3.  That continuation of the child in the home is contrary
196	to the welfare of the child because the home situation presents
197	a substantial and immediate danger to the child's physical,
198	mental, or emotional health or safety which cannot be mitigated
199	by the provision of preventive services.
200	4.  That based upon the allegations of the petition for
201	placement in shelter care, there is probable cause to believe
202	that the child is dependent or that the court needs additional
203	time, which may not exceed 72 hours, in which to obtain and
204	review documents pertaining to the family in order to
205	appropriately determine the risk to the child.
206	5.  That the department has made reasonable efforts to
207	prevent or eliminate the need for removal of the child from the
208	home. A finding of reasonable effort by the department to
209	prevent or eliminate the need for removal may be made and the
210	department is deemed to have made reasonable efforts to prevent
211	or eliminate the need for removal if:
212	a.  The first contact of the department with the family
213	occurs during an emergency;
214	b.  The appraisal of the home situation by the department
215	indicates that the home situation presents a substantial and
216	immediate danger to the child's physical, mental, or emotional
217	health or safety which cannot be mitigated by the provision of
218	preventive services;
219	c.  The child cannot safely remain at home, either because
220	there are no preventive services that can ensure the health and
221	safety of the child or because, even with appropriate and
222	available services being provided, the health and safety of the
223	child cannot be ensured; or
224	d.  The parent or legal custodian is alleged to have
225	committed any of the acts listed as grounds for expedited
226	termination of parental rights in s. 39.806(1)(f)-(i).
227	6.  That the court notified the parents, relatives that are
228	providing out-of-home care for the child, or legal custodians of
229	the time, date, and location of the next dependency hearing and
230	of the importance of the active participation of the parents,
231	relatives that are providing out-of-home care for the child, or
232	legal custodians in all proceedings and hearings.
233	7.  That the court notified the parents or legal custodians
234	of their right to counsel to represent them at the shelter
235	hearing and at each subsequent hearing or proceeding, and the
236	right of the parents to appointed counsel, pursuant to the
237	procedures set forth in s. 39.013.
238	8.  That the court notified relatives who are providing
239	out-of-home care for a child as a result of the shelter petition
240	being granted, and any relative requesting notification pursuant
241	to s. 39.301(15)(b), that they have the right to attend all
242	subsequent hearings, to submit reports to the court, and to
243	speak to the court regarding the child, if they so desire.
244	Section 7.  Subsection (1) of section 39.502, Florida
245	Statutes, is amended, and subsection (19) is added to that
246	section, to read:
247	39.502  Notice, process, and service.--
248	(1)  Unless parental rights have been terminated, all
249	parents must be notified of all proceedings or hearings
250	involving the child. Notice in cases involving shelter hearings
251	and hearings resulting from medical emergencies must be that
252	most likely to result in actual notice to the parents. In all
253	other dependency proceedings, notice must be provided in
254	accordance with subsections (4)-(9), except when a relative
255	requests notification pursuant to s. 39.301(15)(b), in which
256	case notice shall be provided pursuant to subsection (19).
257	(19)  In all proceedings under this part, the attorney for
258	the department shall notify, orally or in writing, a relative
259	requesting notification pursuant to s. 39.301(15)(b) of the
260	date, time, and location of such proceedings, and make all
261	reasonable efforts to ensure that all relatives who have
262	requested notification pursuant to s. 39.301(15)(b) are given an
263	opportunity to be heard by the court if the relative so desires.
264	The court has the discretion to release the attorney for the
265	department from notifying a relative who requested notification
266	pursuant to s. 39.301(15)(b) if the relative's involvement is
267	determined to be impeding the dependency process or detrimental
268	to the child's well-being.
269	Section 8.  Subsection (9) of section 39.506, Florida
270	Statutes, is amended to read:
271	39.506  Arraignment hearings.--
272	(9)  At the conclusion of the arraignment hearing, all
273	parties and the relatives who are providing out-of-home care for
274	the child shall be notified in writing by the court of the date,
275	time, and location for the next scheduled hearing.
276	Section 9.  Paragraphs (a) through (d) of subsection (1) of
277	section 39.5085, Florida Statutes, are redesignated as
278	paragraphs (b) through (e), respectively, a new paragraph (a) is
279	added to subsection (1), and paragraph (g) of subsection (2) of
280	that section is amended, to read:
281	39.5085  Relative Caregiver Program.--
282	(1)  It is the intent of the Legislature in enacting this
283	section to:
284	(a)  Provide for the establishment of procedures and
285	protocols that serve to advance the continued safety of children
286	by acknowledging the valued resource uniquely available through
287	grandparents and relatives of children.
288	(2)
289	(g)  The department may use appropriate available state,
290	federal, and private funds to operate the Relative Caregiver
291	Program. The department may develop liaison functions to be
292	available to relatives who care for children pursuant to this
293	chapter to ensure placement stability in extended family
294	settings.
295	Section 10.  Paragraphs (b) and (c) of subsection (4) of
296	section 39.6011, Florida Statutes, are redesignated as
297	paragraphs (c) and (d), respectively, and a new paragraph (b) is
298	added to that subsection to read:
299	39.6011  Case plan development.--
300	(4)  The case plan must describe:
301	(b)  The responsibility of the case manager to forward a
302	relative's request to receive notification of all proceedings
303	and hearings submitted pursuant to s. 39.301(15)(b) to the
304	attorney for the department;
305	Section 11.  Subsection (6) of section 39.6013, Florida
306	Statutes, is amended to read:
307	39.6013  Case plan amendments.--
308	(6)  The case plan is deemed amended as to the child's
309	health, mental health, and education records required by s.
310	39.6012 when the child's updated health and education records
311	are filed by the department under s. 39.701(8)(7)(a).
312	Section 12.  Subsections (6) through (9) of section 39.701,
313	Florida Statutes, are renumbered as subsections (7) through
314	(10), respectively, a new subsection (6) is added to that
315	section, and paragraph (c) of subsection (2), paragraph (b) of
316	present subsection (6), and paragraph (a) of present subsection
317	(9) are amended, to read:
318	39.701  Judicial review.--
319	(2)
320	(c)  Notice of a hearing by a citizen review panel must be
321	provided as set forth in subsection (5). At the conclusion of a
322	citizen review panel hearing, each party may propose a
323	recommended order to the chairperson of the panel. Thereafter,
324	the citizen review panel shall submit its report, copies of the
325	proposed recommended orders, and a copy of the panel's
326	recommended order to the court. The citizen review panel's
327	recommended order must be limited to the dispositional options
328	available to the court in subsection (10) (9). Each party may
329	file exceptions to the report and recommended order of the
330	citizen review panel in accordance with Rule 1.490, Florida
331	Rules of Civil Procedure.
332	(6)  The attorney for the department shall notify a
333	relative who submits a request for notification of all
334	proceedings and hearings pursuant to s. 39.301(15)(b). The
335	notice shall include the date, time, and location of the next
336	judicial review hearing.
337	(7)(6)
338	(b)  At the first judicial review hearing held subsequent
339	to the child's 17th birthday, in addition to the requirements of
340	subsection (8) (7), the department shall provide the court with
341	an updated case plan that includes specific information related
342	to independent living services that have been provided since the
343	child's 13th birthday, or since the date the child came into
344	foster care, whichever came later.
345	(10)(9)(a)  Based upon the criteria set forth in subsection
346	(9) (8) and the recommended order of the citizen review panel,
347	if any, the court shall determine whether or not the social
348	service agency shall initiate proceedings to have a child
349	declared a dependent child, return the child to the parent,
350	continue the child in out-of-home care for a specified period of
351	time, or initiate termination of parental rights proceedings for
352	subsequent placement in an adoptive home. Amendments to the case
353	plan must be prepared as prescribed in s. 39.6013. If the court
354	finds that the prevention or reunification efforts of the
355	department will allow the child to remain safely at home or be
356	safely returned to the home, the court shall allow the child to
357	remain in or return to the home after making a specific finding
358	of fact that the reasons for the creation of the case plan have
359	been remedied to the extent that the child's safety, well-being,
360	and physical, mental, and emotional health will not be
361	endangered.
362	Section 13.  Section 39.823, Florida Statutes, is amended
363	to read:
364	39.823  Guardian advocates for drug dependent
365	newborns.--The Legislature finds that increasing numbers of drug
366	dependent children are born in this state. Because of the
367	parents' continued dependence upon drugs, the parents may
368	temporarily leave their child with a relative or other adult or
369	may have agreed to voluntary family services under s.
370	39.301(15)(14). The relative or other adult may be left with a
371	child who is likely to require medical treatment but for whom
372	they are unable to obtain medical treatment. The purpose of this
373	section is to provide an expeditious method for such relatives
374	or other responsible adults to obtain a court order which allows
375	them to provide consent for medical treatment and otherwise
376	advocate for the needs of the child and to provide court review
377	of such authorization.
378	Section 14.  Section 683.10, Florida Statutes, is amended
379	to read:
380	683.10  Grandparents' and Family Caregivers' Grandmother's
381	Day.--
382	(1)  The first Sunday after Labor Day second Sunday of
383	October of each year is designated "Grandparents' and Family
384	Caregivers' Grandmother's Day."
385	(2)  The Governor may issue annually a proclamation
386	designating the first Sunday after Labor Day second Sunday of
387	October as Grandparents' and Family Caregivers' Grandmother's
388	Day and calling upon public schools and citizens of the state to
389	observe the occasion.
390	Section 15.  This act shall take effect July 1, 2009.

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