Florida Senate - 2012                                    SB 2044
       
       
       
       By the Committee on Children, Families, and Elder Affairs
       
       
       
       
       586-02078-12                                          20122044__
    1                        A bill to be entitled                      
    2         An act relating to child protection; amending s.
    3         39.01, F.S.; revising the definitions of the term
    4         “abandoned” or “abandonment,” “institutional child
    5         abuse or neglect,” and “abandons the child within the
    6         context of harm”; amending s. 39.013, F.S.; specifying
    7         when jurisdiction attaches for a petition for an
    8         injunction to prevent child abuse issued pursuant to
    9         specified provisions; amending s. 39.0138, F.S.;
   10         revising provisions relating to criminal history
   11         records check on persons being considered for
   12         placement of a child; requiring a records check
   13         through the State Automated Child Welfare Information
   14         System; providing for an out-of-state criminal history
   15         records check of certain persons who have lived out of
   16         state if such records may be obtained; amending s.
   17         39.201, F.S.; providing procedures for calls from a
   18         parent or legal custodian seeking assistance for
   19         himself or herself which do not meet the criteria for
   20         being a report of child abuse, abandonment, or
   21         neglect, but show a potential future risk of harm to a
   22         child and requiring a referral if a need for community
   23         services exists; specifying that the central abuse
   24         hotline is the first step in the safety assessment and
   25         investigation process; amending s. 39.205, F.S.;
   26         permitting discontinuance of an investigation of child
   27         abuse, abandonment, or neglect during the course of
   28         the investigation if it is determined that the report
   29         was false; amending s. 39.301, F.S.; substituting
   30         references to a standard electronic child welfare case
   31         for a master file; revising requirements for such a
   32         file; revising requirements for informing the subject
   33         of an investigation; deleting provisions relating to a
   34         preliminary determination as to whether an
   35         investigation report is complete; revising
   36         requirements for child protective investigation
   37         activities to be performed to determine child safety;
   38         specifying uses for certain criminal justice
   39         information accesses by child protection
   40         investigators; requiring documentation of the present
   41         and impending dangers to each child through use of a
   42         standardized safety assessment; revising provisions
   43         relating to required protective, treatment, and
   44         ameliorative services; revising requirements for the
   45         Department of Children and Family Service’s training
   46         program for staff responsible for responding to
   47         reports accepted by the central abuse hotline;
   48         requiring the department’s training program at the
   49         regional and district levels to include results of
   50         qualitative reviews of child protective investigation
   51         cases handled within the region or district; revising
   52         requirements for the department’s quality assurance
   53         program; amending s. 39.302, F.S.; requiring that a
   54         protective investigation must include an interview
   55         with the child’s parent or legal guardian; amending s.
   56         39.307, F.S.; requiring the department, contracted
   57         sheriff’s office providing protective investigation
   58         services, or contracted case management personnel
   59         responsible for providing services to adhere to
   60         certain procedures relating to reports of child-on
   61         child sexual abuse; deleting a requirement that an
   62         assessment of service and treatment needs to be
   63         completed within a specified period; amending s.
   64         39.504, F.S.; revising provisions relating to the
   65         process for seeking a child protective injunction;
   66         providing for temporary ex parte injunctions;
   67         providing requirements for service on an alleged
   68         offender; revising provisions relating to the contents
   69         of an injunction; providing for certain relief;
   70         providing requirements for notice of a hearing on a
   71         motion to modify or dissolve an injunction; providing
   72         that a person against whom an injunction is entered
   73         does not automatically become a party to a subsequent
   74         dependency action concerning the same child unless he
   75         or she was a party to the action in which the
   76         injunction was entered; amending s. 39.521, F.S.;
   77         requiring a home study report if a child has been
   78         removed from the home and will be remaining with a
   79         parent; substituting references to the State Automated
   80         Child Welfare Information System for the Florida Abuse
   81         Hotline Information System applicable to records
   82         checks; authorizing submission of fingerprints of
   83         certain household members; authorizing requests for
   84         national criminal history checks and fingerprinting of
   85         any visitor to the home known to the department;
   86         amending s. 39.6011, F.S.; providing additional
   87         options for the court with respect to case plans;
   88         providing for expiration of a child’s case plan no
   89         later than 12 months after the date the child was
   90         adjudicated dependent; conforming a cross-reference to
   91         changes made by the act; amending s. 39.621, F.S.;
   92         revising terminology relating to permanency
   93         determinations; amending s. 39.701, F.S.; providing
   94         that a court must schedule a judicial review hearing
   95         if the citizen review panel recommends extending the
   96         goal of reunification for any case plan beyond 12
   97         months from the date the child was adjudicated
   98         dependent, unless specified other events occurred
   99         earlier; conforming a cross-reference to changes made
  100         by the act; amending s. 39.8055, F.S.; requiring the
  101         department to file a petition to terminate parental
  102         rights within a certain number of days after the
  103         completion of a specified period after the child was
  104         sheltered or adjudicated dependent, whichever occurs
  105         first; amending s. 39.806, F.S.; providing additional
  106         criteria for the court to consider when deciding
  107         whether to terminate the parental rights of a parent
  108         or legal guardian because the parent or legal guardian
  109         is incarcerated; increasing the number of months of
  110         failure of the parent or parents to substantially
  111         comply with a child’s case plan in certain
  112         circumstances that constitutes evidence of continuing
  113         abuse, neglect, or abandonment and grounds for
  114         termination of parental rights; revising a cross
  115         reference; clarifying applicability of certain
  116         amendments made by the act; amending ss. 39.502,
  117         39.823, and 39.828, F.S.; conforming cross-references
  118         to changes made by the act; amending s. 402.56, F.S.;
  119         directing the Children and Youth Cabinet to meet at
  120         least four times per year rather than six times per
  121         year; providing an effective date.
  122  
  123  Be It Enacted by the Legislature of the State of Florida:
  124  
  125         Section 1. Subsection (1), paragraph (e) of subsection
  126  (32), and subsection (33) of section 39.01, Florida Statutes,
  127  are amended to read:
  128         39.01 Definitions.—When used in this chapter, unless the
  129  context otherwise requires:
  130         (1) “Abandoned” or “abandonment” means a situation in which
  131  the parent or legal custodian of a child or, in the absence of a
  132  parent or legal custodian, the caregiver, while being able, has
  133  made makes no significant contribution to the child’s care and
  134  maintenance or provision for the child’s support and has failed
  135  to establish or maintain a substantial and positive relationship
  136  with the child, or both. For purposes of this subsection,
  137  “establish or maintain a substantial and positive relationship”
  138  includes, but is not limited to, frequent and regular contact
  139  with the child through frequent and regular visitation or
  140  frequent and regular communication to or with the child, and the
  141  exercise of parental rights and responsibilities. Marginal
  142  efforts and incidental or token visits or communications are not
  143  sufficient to establish or maintain a substantial and positive
  144  relationship with a child. The term does not include a
  145  surrendered newborn infant as described in s. 383.50, a “child
  146  in need of services” as defined in chapter 984, or a “family in
  147  need of services” as defined in chapter 984. The incarceration,
  148  repeated incarceration, or extended incarceration of a parent,
  149  legal custodian, or caregiver responsible for a child’s welfare
  150  may support a finding of abandonment.
  151         (32) “Harm” to a child’s health or welfare can occur when
  152  any person:
  153         (e) Abandons the child. Within the context of the
  154  definition of “harm,” the term “abandoned the child” or
  155  “abandonment of the child” means a situation in which the parent
  156  or legal custodian of a child or, in the absence of a parent or
  157  legal custodian, the caregiver, while being able, has made makes
  158  no significant contribution to the child’s care and maintenance
  159  or provision for the child’s support and has failed to establish
  160  or maintain a substantial and positive relationship with the
  161  child, or both. For purposes of this paragraph, “establish or
  162  maintain a substantial and positive relationship” includes, but
  163  is not limited to, frequent and regular contact with the child
  164  through frequent and regular visitation or frequent and regular
  165  communication to or with the child, and the exercise of parental
  166  rights and responsibilities. Marginal efforts and incidental or
  167  token visits or communications are not sufficient to establish
  168  or maintain a substantial and positive relationship with a
  169  child. The term “abandoned” does not include a surrendered
  170  newborn infant as described in s. 383.50, a child in need of
  171  services as defined in chapter 984, or a family in need of
  172  services as defined in chapter 984. The incarceration, repeated
  173  incarceration, or extended incarceration of a parent, legal
  174  custodian, or caregiver responsible for a child’s welfare may
  175  support a finding of abandonment.
  176         (33) “Institutional child abuse or neglect” means
  177  situations of known or suspected child abuse or neglect in which
  178  the person allegedly perpetrating the child abuse or neglect is
  179  an employee of a private school, public or private day care
  180  center, residential home, institution, facility, or agency or
  181  any other person at such institution responsible for the child’s
  182  care as defined in subsection (47).
  183         Section 2. Subsection (2) of section 39.013, Florida
  184  Statutes, is amended to read:
  185         39.013 Procedures and jurisdiction; right to counsel.—
  186         (2) The circuit court has exclusive original jurisdiction
  187  of all proceedings under this chapter, of a child voluntarily
  188  placed with a licensed child-caring agency, a licensed child
  189  placing agency, or the department, and of the adoption of
  190  children whose parental rights have been terminated under this
  191  chapter. Jurisdiction attaches when the initial shelter
  192  petition, dependency petition, or termination of parental rights
  193  petition, or a petition for an injunction to prevent child abuse
  194  issued pursuant to s. 39.504, is filed or when a child is taken
  195  into the custody of the department. The circuit court may assume
  196  jurisdiction over any such proceeding regardless of whether the
  197  child was in the physical custody of both parents, was in the
  198  sole legal or physical custody of only one parent, caregiver, or
  199  some other person, or was not in the physical or legal custody
  200  of any no person when the event or condition occurred that
  201  brought the child to the attention of the court. When the court
  202  obtains jurisdiction of any child who has been found to be
  203  dependent, the court shall retain jurisdiction, unless
  204  relinquished by its order, until the child reaches 18 years of
  205  age. However, if a youth petitions the court at any time before
  206  his or her 19th birthday requesting the court’s continued
  207  jurisdiction, the juvenile court may retain jurisdiction under
  208  this chapter for a period not to exceed 1 year following the
  209  youth’s 18th birthday for the purpose of determining whether
  210  appropriate aftercare support, Road-to-Independence Program,
  211  transitional support, mental health, and developmental
  212  disability services, to the extent otherwise authorized by law,
  213  have been provided to the formerly dependent child who was in
  214  the legal custody of the department immediately before his or
  215  her 18th birthday. If a petition for special immigrant juvenile
  216  status and an application for adjustment of status have been
  217  filed on behalf of a foster child and the petition and
  218  application have not been granted by the time the child reaches
  219  18 years of age, the court may retain jurisdiction over the
  220  dependency case solely for the purpose of allowing the continued
  221  consideration of the petition and application by federal
  222  authorities. Review hearings for the child shall be set solely
  223  for the purpose of determining the status of the petition and
  224  application. The court’s jurisdiction terminates upon the final
  225  decision of the federal authorities. Retention of jurisdiction
  226  in this instance does not affect the services available to a
  227  young adult under s. 409.1451. The court may not retain
  228  jurisdiction of the case after the immigrant child’s 22nd
  229  birthday.
  230         Section 3. Section 39.0138, Florida Statutes, is amended to
  231  read:
  232         39.0138 Criminal history and other records checks check;
  233  limit on placement of a child.—
  234         (1) The department shall conduct a records check through
  235  the State Automated Child Welfare Information System (SACWIS)
  236  and a local and statewide criminal history records check on all
  237  persons, including parents, being considered by the department
  238  for placement of a child subject to a placement decision under
  239  this chapter, including all nonrelative placement decisions, and
  240  all members of the household, 12 years of age and older, of the
  241  person being considered, and frequent visitors to the household.
  242  For purposes of this section, a criminal history records check
  243  may include, but is not limited to, submission of fingerprints
  244  to the Department of Law Enforcement for processing and
  245  forwarding to the Federal Bureau of Investigation for state and
  246  national criminal history information, and local criminal
  247  records checks through local law enforcement agencies of all
  248  household members 18 years of age and older and other visitors
  249  to the home. An out-of-state criminal history records check must
  250  be initiated for any person 18 years of age or older who resided
  251  in another state if that state allows the release of such
  252  records. A criminal history records check must also include a
  253  search of the department’s automated abuse information system.
  254  The department shall establish by rule standards for evaluating
  255  any information contained in the automated system relating to a
  256  person who must be screened for purposes of making a placement
  257  decision.
  258         (2) The department may not place a child with a person
  259  other than a parent if the criminal history records check
  260  reveals that the person has been convicted of any felony that
  261  falls within any of the following categories:
  262         (a) Child abuse, abandonment, or neglect;
  263         (b) Domestic violence;
  264         (c) Child pornography or other felony in which a child was
  265  a victim of the offense; or
  266         (d) Homicide, sexual battery, or other felony involving
  267  violence, other than felony assault or felony battery when an
  268  adult was the victim of the assault or battery.
  269         (3) The department may not place a child with a person
  270  other than a parent if the criminal history records check
  271  reveals that the person has, within the previous 5 years, been
  272  convicted of a felony that falls within any of the following
  273  categories:
  274         (a) Assault;
  275         (b) Battery; or
  276         (c) A drug-related offense.
  277         (4) The department may place a child in a home that
  278  otherwise meets placement requirements if a name check of state
  279  and local criminal history records systems does not disqualify
  280  the applicant and if the department submits fingerprints to the
  281  Department of Law Enforcement for forwarding to the Federal
  282  Bureau of Investigation and is awaiting the results of the state
  283  and national criminal history records check.
  284         (5) Persons with whom placement of a child is being
  285  considered or approved must disclose to the department any prior
  286  or pending local, state, or national criminal proceedings in
  287  which they are or have been involved.
  288         (6) The department may examine the results of any criminal
  289  history records check of any person, including a parent, with
  290  whom placement of a child is being considered under this
  291  section. The complete criminal history records check must be
  292  considered when determining whether placement with the person
  293  will jeopardize the safety of the child being placed.
  294         (7)(a) The court may review a decision of the department to
  295  grant or deny the placement of a child based upon information
  296  from the criminal history records check. The review may be upon
  297  the motion of any party, the request of any person who has been
  298  denied a placement by the department, or on the court’s own
  299  motion. The court shall prepare written findings to support its
  300  decision in this matter.
  301         (b) A person who is seeking placement of a child but is
  302  denied the placement because of the results of a criminal
  303  history records check has the burden of setting forth sufficient
  304  evidence of rehabilitation to show that the person will not
  305  present a danger to the child if the placement of the child is
  306  allowed. Evidence of rehabilitation may include, but is not
  307  limited to, the circumstances surrounding the incident providing
  308  the basis for denying the application, the time period that has
  309  elapsed since the incident, the nature of the harm caused to the
  310  victim, whether the victim was a child, the history of the
  311  person since the incident, whether the person has complied with
  312  any requirement to pay restitution, and any other evidence or
  313  circumstances indicating that the person will not present a
  314  danger to the child if the placement of the child is allowed.
  315         Section 4. Paragraph (a) of subsection (2) and subsection
  316  (4) of section 39.201, Florida Statutes, are amended to read:
  317         39.201 Mandatory reports of child abuse, abandonment, or
  318  neglect; mandatory reports of death; central abuse hotline.—
  319         (2)(a) Each report of known or suspected child abuse,
  320  abandonment, or neglect by a parent, legal custodian, caregiver,
  321  or other person responsible for the child’s welfare as defined
  322  in this chapter, except those solely under s. 827.04(3), and
  323  each report that a child is in need of supervision and care and
  324  has no parent, legal custodian, or responsible adult relative
  325  immediately known and available to provide supervision and care
  326  shall be made immediately to the department’s central abuse
  327  hotline. Such reports may be made on the single statewide toll
  328  free telephone number or via fax or web-based report. Personnel
  329  at the department’s central abuse hotline shall determine if the
  330  report received meets the statutory definition of child abuse,
  331  abandonment, or neglect. Any report meeting one of these
  332  definitions shall be accepted for the protective investigation
  333  pursuant to part III of this chapter. Any call received from a
  334  parent or legal custodian seeking assistance for himself or
  335  herself which does not meet the criteria for being a report of
  336  child abuse, abandonment, or neglect may be accepted by the
  337  hotline for response to ameliorate a potential future risk of
  338  harm to a child. If it is determined by a child welfare
  339  professional that a need for community services exists, the
  340  department shall refer the parent or legal custodian for
  341  appropriate voluntary community services.
  342         (4) The department shall operate establish and maintain a
  343  central abuse hotline to receive all reports made pursuant to
  344  this section in writing, via fax, via web-based reporting, or
  345  through a single statewide toll-free telephone number, which any
  346  person may use to report known or suspected child abuse,
  347  abandonment, or neglect at any hour of the day or night, any day
  348  of the week. The central abuse hotline is the first step in the
  349  safety assessment and investigation process. The central abuse
  350  hotline shall be operated in such a manner as to enable the
  351  department to:
  352         (a) Immediately identify and locate prior reports or cases
  353  of child abuse, abandonment, or neglect through utilization of
  354  the department’s automated tracking system.
  355         (b) Monitor and evaluate the effectiveness of the
  356  department’s program for reporting and investigating suspected
  357  abuse, abandonment, or neglect of children through the
  358  development and analysis of statistical and other information.
  359         (c) Track critical steps in the investigative process to
  360  ensure compliance with all requirements for any report of abuse,
  361  abandonment, or neglect.
  362         (d) Maintain and produce aggregate statistical reports
  363  monitoring patterns of child abuse, child abandonment, and child
  364  neglect. The department shall collect and analyze child-on-child
  365  sexual abuse reports and include the information in aggregate
  366  statistical reports.
  367         (e) Serve as a resource for the evaluation, management, and
  368  planning of preventive and remedial services for children who
  369  have been subject to abuse, abandonment, or neglect.
  370         (f) Initiate and enter into agreements with other states
  371  for the purpose of gathering and sharing information contained
  372  in reports on child maltreatment to further enhance programs for
  373  the protection of children.
  374         Section 5. Subsections (3) and (5) of section 39.205,
  375  Florida Statutes, are amended to read:
  376         39.205 Penalties relating to reporting of child abuse,
  377  abandonment, or neglect.—
  378         (3) A person who knowingly and willfully makes public or
  379  discloses any confidential information contained in the central
  380  abuse hotline or in the records of any child abuse, abandonment,
  381  or neglect case, except as provided in this chapter, commits is
  382  guilty of a misdemeanor of the second degree, punishable as
  383  provided in s. 775.082 or s. 775.083.
  384         (5) If the department or its authorized agent has
  385  determined during the course of after its investigation that a
  386  report is a false report, the department may discontinue all
  387  investigative activities and shall, with the consent of the
  388  alleged perpetrator, refer the report to the local law
  389  enforcement agency having jurisdiction for an investigation to
  390  determine whether sufficient evidence exists to refer the case
  391  for prosecution for filing a false report as defined in s.
  392  39.01. During the pendency of the investigation, the department
  393  must notify the local law enforcement agency of, and the local
  394  law enforcement agency must respond to, all subsequent reports
  395  concerning children in that same family in accordance with s.
  396  39.301. If the law enforcement agency believes that there are
  397  indicators of abuse, abandonment, or neglect, it must
  398  immediately notify the department, which must ensure the safety
  399  of the children. If the law enforcement agency finds sufficient
  400  evidence for prosecution for filing a false report, it must
  401  refer the case to the appropriate state attorney for
  402  prosecution.
  403         Section 6. Section 39.301, Florida Statutes, is amended to
  404  read:
  405         39.301 Initiation of protective investigations.—
  406         (1) Upon receiving a report of known or suspected child
  407  abuse, abandonment, or neglect, or that a child is in need of
  408  supervision and care and has no parent, legal custodian, or
  409  responsible adult relative immediately known and available to
  410  provide supervision and care, the central abuse hotline shall
  411  determine if the report requires an immediate onsite protective
  412  investigation. For reports requiring an immediate onsite
  413  protective investigation, the central abuse hotline shall
  414  immediately notify the department’s designated district staff
  415  responsible for protective investigations to ensure that an
  416  onsite investigation is promptly initiated. For reports not
  417  requiring an immediate onsite protective investigation, the
  418  central abuse hotline shall notify the department’s designated
  419  district staff responsible for protective investigations in
  420  sufficient time to allow for an investigation. At the time of
  421  notification, the central abuse hotline shall also provide
  422  information to district staff on any previous report concerning
  423  a subject of the present report or any pertinent information
  424  relative to the present report or any noted earlier reports.
  425         (2)(a) The department shall immediately forward allegations
  426  of criminal conduct to the municipal or county law enforcement
  427  agency of the municipality or county in which the alleged
  428  conduct has occurred.
  429         (b) As used in this subsection, the term “criminal conduct”
  430  means:
  431         1. A child is known or suspected to be the victim of child
  432  abuse, as defined in s. 827.03, or of neglect of a child, as
  433  defined in s. 827.03.
  434         2. A child is known or suspected to have died as a result
  435  of abuse or neglect.
  436         3. A child is known or suspected to be the victim of
  437  aggravated child abuse, as defined in s. 827.03.
  438         4. A child is known or suspected to be the victim of sexual
  439  battery, as defined in s. 827.071, or of sexual abuse, as
  440  defined in s. 39.01.
  441         5. A child is known or suspected to be the victim of
  442  institutional child abuse or neglect, as defined in s. 39.01,
  443  and as provided for in s. 39.302(1).
  444         6. A child is known or suspected to be a victim of human
  445  trafficking, as provided in s. 787.06.
  446         (c) Upon receiving a written report of an allegation of
  447  criminal conduct from the department, the law enforcement agency
  448  shall review the information in the written report to determine
  449  whether a criminal investigation is warranted. If the law
  450  enforcement agency accepts the case for criminal investigation,
  451  it shall coordinate its investigative activities with the
  452  department, whenever feasible. If the law enforcement agency
  453  does not accept the case for criminal investigation, the agency
  454  shall notify the department in writing.
  455         (d) The local law enforcement agreement required in s.
  456  39.306 shall describe the specific local protocols for
  457  implementing this section.
  458         (3) The department shall maintain a single, standard
  459  electronic child welfare case master file for each child whose
  460  report is accepted by the central abuse hotline for
  461  investigation. Such file must contain information concerning all
  462  reports received by the abuse hotline concerning that child and
  463  all services received by that child and family. The file must be
  464  made available to any department staff, agent of the department,
  465  or contract provider given responsibility for conducting a
  466  protective investigation.
  467         (4) To the extent practical, all protective investigations
  468  involving a child shall be conducted or the work supervised by a
  469  single individual in order for there to be broad knowledge and
  470  understanding of the child’s history. When a new investigator is
  471  assigned to investigate a second and subsequent report involving
  472  a child, a multidisciplinary staffing shall be conducted which
  473  includes new and prior investigators, their supervisors, and
  474  appropriate private providers in order to ensure that, to the
  475  extent possible, there is coordination among all parties. The
  476  department shall establish an internal operating procedure that
  477  ensures that all required investigatory activities, including a
  478  review of the child’s complete investigative and protective
  479  services history, are completed by the investigator, reviewed by
  480  the supervisor in a timely manner, and signed and dated by both
  481  the investigator and the supervisor.
  482         (5)(a) Upon commencing an investigation under this part,
  483  the child protective investigator shall inform any subject of
  484  the investigation of the following:
  485         1. The names of the investigators and identifying
  486  credentials from the department.
  487         2. The purpose of the investigation.
  488         3. The right to obtain his or her own attorney and ways
  489  that the information provided by the subject may be used.
  490         4. The possible outcomes and services of the department’s
  491  response shall be explained to the parent or legal custodian.
  492         5. The right of the parent or legal custodian to be engaged
  493  involved to the fullest extent possible in determining the
  494  nature of the allegation and the nature of any identified
  495  problem and the remedy.
  496         6. The duty of the parent or legal custodian to report any
  497  change in the residence or location of the child to the
  498  investigator and that the duty to report continues until the
  499  investigation is closed.
  500         (b) The investigator shall department’s training program
  501  shall ensure that protective investigators know how to fully
  502  inform parents or legal custodians of their rights and options,
  503  including opportunities for audio or video recording of
  504  investigators’ interviews with parents or legal custodians or
  505  children.
  506         (6) Upon commencing an investigation under this part, if a
  507  report was received from a reporter under s. 39.201(1)(b), the
  508  protective investigator must provide his or her contact
  509  information to the reporter within 24 hours after being assigned
  510  to the investigation. The investigator must also advise the
  511  reporter that he or she may provide a written summary of the
  512  report made to the central abuse hotline to the investigator
  513  which shall become a part of the electronic child welfare case
  514  master file.
  515         (7) An assessment of safety risk and the perceived needs
  516  for the child and family shall be conducted in a manner that is
  517  sensitive to the social, economic, and cultural environment of
  518  the family. This assessment must include a face-to-face
  519  interview with the child, other siblings, parents, and other
  520  adults in the household and an onsite assessment of the child’s
  521  residence.
  522         (8) Protective investigations shall be performed by the
  523  department or its agent.
  524         (9) The person responsible for the investigation shall make
  525  a preliminary determination as to whether the report is
  526  complete, consulting with the attorney for the department when
  527  necessary. In any case in which the person responsible for the
  528  investigation finds that the report is incomplete, he or she
  529  shall return it without delay to the person or agency
  530  originating the report or having knowledge of the facts, or to
  531  the appropriate law enforcement agency having investigative
  532  jurisdiction, and request additional information in order to
  533  complete the report; however, the confidentiality of any report
  534  filed in accordance with this chapter shall not be violated.
  535         (a) If it is determined that the report is complete, but
  536  the interests of the child and the public will be best served by
  537  providing the child care or other treatment voluntarily accepted
  538  by the child and the parents or legal custodians, the protective
  539  investigator may refer the parent or legal custodian and child
  540  for such care or other treatment.
  541         (b) If it is determined that the child is in need of the
  542  protection and supervision of the court, the department shall
  543  file a petition for dependency. A petition for dependency shall
  544  be filed in all cases classified by the department as high-risk.
  545  Factors that the department may consider in determining whether
  546  a case is high-risk include, but are not limited to, the young
  547  age of the parents or legal custodians; the use of illegal
  548  drugs; the arrest of the parents or legal custodians on charges
  549  of manufacturing, processing, disposing of, or storing, either
  550  temporarily or permanently, any substances in violation of
  551  chapter 893; or domestic violence.
  552         (c) If a petition for dependency is not being filed by the
  553  department, the person or agency originating the report shall be
  554  advised of the right to file a petition pursuant to this part.
  555         (9)(10)(a) For each report received from the central abuse
  556  hotline and accepted for investigation that meets one or more of
  557  the following criteria, the department or the sheriff providing
  558  child protective investigative services under s. 39.3065, shall
  559  perform the following an onsite child protective investigation
  560  activities to determine child safety:
  561         1. Conduct a review of all relevant, available information
  562  specific to the child and family and alleged maltreatment;
  563  family child welfare history; local, state, and federal criminal
  564  records checks; and requests for law enforcement assistance
  565  provided by the abuse hotline. Based on a review of available
  566  information, including the allegations in the current report, a
  567  determination shall be made as to whether immediate consultation
  568  should occur with law enforcement, the child protection team, a
  569  domestic violence shelter or advocate, or a substance abuse or
  570  mental health professional. Such consultations should include
  571  discussion as to whether a joint response is necessary and
  572  feasible. A determination shall be made as to whether the person
  573  making the report should be contacted before the face-to-face
  574  interviews with the child and family members. A report for which
  575  there is obvious compelling evidence that no maltreatment
  576  occurred and there are no prior reports containing some
  577  indicators or verified findings of abuse or neglect with respect
  578  to any subject of the report or other individuals in the home. A
  579  prior report in which an adult in the home was a victim of abuse
  580  or neglect before becoming an adult does not exclude a report
  581  otherwise meeting the criteria of this subparagraph from the
  582  onsite child protective investigation provided for in this
  583  subparagraph. The process for an onsite child protective
  584  investigation stipulated in this subsection may not be conducted
  585  if an allegation meeting the criteria of this subparagraph
  586  involves physical abuse, sexual abuse, domestic violence,
  587  substance abuse or substance exposure, medical neglect, a child
  588  younger than 3 years of age, or a child who is disabled or lacks
  589  communication skills.
  590         2. Conduct A report concerning an incident of abuse which
  591  is alleged to have occurred 2 or more years prior to the date of
  592  the report and there are no other indicators of risk to any
  593  child in the home.
  594         (b) The onsite child protective investigation to be
  595  performed shall include a face-to-face interviews interview with
  596  the child; other siblings, if any; and the parents, legal
  597  custodians, or caregivers.; and other adults in the household
  598  and an onsite assessment of the child’s residence in order to:
  599         3.1.Assess the child’s residence, including a
  600  determination of Determine the composition of the family and or
  601  household, including the name, address, date of birth, social
  602  security number, sex, and race of each child named in the
  603  report; any siblings or other children in the same household or
  604  in the care of the same adults; the parents, legal custodians,
  605  or caregivers; and any other adults in the same household.
  606         4.2. Determine whether there is any indication that any
  607  child in the family or household has been abused, abandoned, or
  608  neglected; the nature and extent of present or prior injuries,
  609  abuse, or neglect, and any evidence thereof; and a determination
  610  as to the person or persons apparently responsible for the
  611  abuse, abandonment, or neglect, including the name, address,
  612  date of birth, social security number, sex, and race of each
  613  such person.
  614         5.3.Complete assessment of immediate child safety for
  615  Determine the immediate and long-term risk to each child based
  616  on available records, interviews, and observations with all
  617  persons named in subparagraph 2. and appropriate collateral
  618  contacts, which may include other professionals by conducting
  619  state and federal records checks, including, when feasible, the
  620  records of the Department of Corrections, on the parents, legal
  621  custodians, or caregivers, and any other persons in the same
  622  household. This information shall be used solely for purposes
  623  supporting the detection, apprehension, prosecution, pretrial
  624  release, posttrial release, or rehabilitation of criminal
  625  offenders or persons accused of the crimes of child abuse,
  626  abandonment, or neglect and shall not be further disseminated or
  627  used for any other purpose. The department’s child protection
  628  investigators are hereby designated a criminal justice agency
  629  for the purpose of accessing criminal justice information to be
  630  used for enforcing this state’s laws concerning the crimes of
  631  child abuse, abandonment, and neglect. This information shall be
  632  used solely for purposes supporting the detection, apprehension,
  633  prosecution, pretrial release, posttrial release, or
  634  rehabilitation of criminal offenders or persons accused of the
  635  crimes of child abuse, abandonment, or neglect and may not be
  636  further disseminated or used for any other purpose.
  637         6.4.Document the present and impending dangers Determine
  638  the immediate and long-term risk to each child based on the
  639  identification of inadequate protective capacity through
  640  utilization of a standardized safety risk assessment instrument
  641  instruments.
  642         (b) Upon completion of the immediate safety assessment, the
  643  department shall determine the additional activities necessary
  644  to assess impending dangers, if any, and close the
  645  investigation.
  646         5. Based on the information obtained from available
  647  sources, complete the risk assessment instrument within 48 hours
  648  after the initial contact and, if needed, develop a case plan.
  649         (c)6.For each report received from the central abuse
  650  hotline, the department or the sheriff providing child
  651  protective investigative services under s. 39.3065, shall
  652  determine the protective, treatment, and ameliorative services
  653  necessary to safeguard and ensure the child’s safety and well
  654  being and development, and cause the delivery of those services
  655  through the early intervention of the department or its agent.
  656  As applicable, The training provided to staff members who
  657  conduct child protective investigators investigations must
  658  inform parents and caregivers include instruction on how and
  659  when to use the injunction process under s. 39.504 or s. 741.30
  660  to remove a perpetrator of domestic violence from the home as an
  661  intervention to protect the child.
  662         1. If the department or the sheriff providing child
  663  protective investigative services determines that the interests
  664  of the child and the public will be best served by providing the
  665  child care or other treatment voluntarily accepted by the child
  666  and the parents or legal custodians, the parent or legal
  667  custodian and child may be referred for such care, case
  668  management, or other community resources.
  669         2. If the department or the sheriff providing child
  670  protective investigative services determines that the child is
  671  in need of protection and supervision, the department may file a
  672  petition for dependency.
  673         3. If a petition for dependency is not being filed by the
  674  department, the person or agency originating the report shall be
  675  advised of the right to file a petition pursuant to this part.
  676         (c) The determination that a report requires an
  677  investigation as provided in this subsection and does not
  678  require an enhanced onsite child protective investigation
  679  pursuant to subsection (11) must be approved in writing by the
  680  supervisor with documentation specifying why additional
  681  investigative activities are not necessary.
  682         (d) A report that meets the criteria specified in this
  683  subsection is not precluded from further investigative
  684  activities. At any time it is determined that additional
  685  investigative activities are necessary for the safety of the
  686  child, such activities shall be conducted.
  687         (10)(11)(a) The department’s training program for staff
  688  responsible for responding to reports accepted by the central
  689  abuse hotline must also ensure that child protective responders:
  690         1. Know how to fully inform parents or legal custodians of
  691  their rights and options, including opportunities for audio or
  692  video recording of child protective responder interviews with
  693  parents or legal custodians or children.
  694         2. Know how and when to use the injunction process under s.
  695  39.504 or s. 741.30 to remove a perpetrator of domestic violence
  696  from the home as an intervention to protect the child.
  697         (b) To enhance the skills of individual staff members and
  698  to improve the region’s and district’s overall child protection
  699  system, the department’s training program at the regional and
  700  district levels must include results of qualitative reviews of
  701  child protective investigation cases handled within the region
  702  or district in order to identify weaknesses as well as examples
  703  of effective interventions which occurred at each point in the
  704  case. For each report that meets one or more of the following
  705  criteria, the department shall perform an enhanced onsite child
  706  protective investigation:
  707         1. Any allegation that involves physical abuse, sexual
  708  abuse, domestic violence, substance abuse or substance exposure,
  709  medical neglect, a child younger than 3 years of age, or a child
  710  who is disabled or lacks communication skills.
  711         2. Any report that involves an individual who has been the
  712  subject of a prior report containing some indicators or verified
  713  findings of abuse, neglect, or abandonment.
  714         3. Any report that does not contain compelling evidence
  715  that the maltreatment did not occur.
  716         4. Any report that does not meet the criteria for an onsite
  717  child protective investigation as set forth in subsection (10).
  718         (b) The enhanced onsite child protective investigation
  719  shall include, but is not limited to:
  720         1. A face-to-face interview with the child, other siblings,
  721  parents or legal custodians or caregivers, and other adults in
  722  the household;
  723         2. Collateral contacts;
  724         3. Contact with the reporter as required by rule;
  725         4. An onsite assessment of the child’s residence in
  726  accordance with paragraph (10)(b); and
  727         5. An updated assessment.
  728         (c) For all reports received, detailed documentation is
  729  required for the investigative activities.
  730         (11)(12) The department shall incorporate into its quality
  731  assurance program the monitoring of the determination of reports
  732  that receive a an onsite child protective investigation to
  733  determine the quality and timeliness of safety assessments,
  734  engagements with families, teamwork with other experts and
  735  professionals, and appropriate investigative activities that are
  736  uniquely tailored to the safety factors associated with each
  737  child and family and those that receive an enhanced onsite child
  738  protective investigation.
  739         (12)(13) If the department or its agent is denied
  740  reasonable access to a child by the parents, legal custodians,
  741  or caregivers and the department deems that the best interests
  742  of the child so require, it shall seek an appropriate court
  743  order or other legal authority before prior to examining and
  744  interviewing the child.
  745         (13)(14) Onsite visits and face-to-face interviews with the
  746  child or family shall be unannounced unless it is determined by
  747  the department or its agent or contract provider that such
  748  unannounced visit would threaten the safety of the child.
  749         (14)(15)(a) If the department or its agent determines that
  750  a child requires immediate or long-term protection through:
  751         1. Medical or other health care; or
  752         2. Homemaker care, day care, protective supervision, or
  753  other services to stabilize the home environment, including
  754  intensive family preservation services through the Intensive
  755  Crisis Counseling Program,
  756  
  757  such services shall first be offered for voluntary acceptance
  758  unless there are high-risk factors that may impact the ability
  759  of the parents or legal custodians to exercise judgment. Such
  760  factors may include the parents’ or legal custodians’ young age
  761  or history of substance abuse or domestic violence.
  762         (b) The parents or legal custodians shall be informed of
  763  the right to refuse services, as well as the responsibility of
  764  the department to protect the child regardless of the acceptance
  765  or refusal of services. If the services are refused, a
  766  collateral contact required under subparagraph (11)(b)2. shall
  767  include a relative, if the protective investigator has knowledge
  768  of and the ability to contact a relative. If the services are
  769  refused and the department deems that the child’s need for
  770  protection so requires, the department shall take the child into
  771  protective custody or petition the court as provided in this
  772  chapter. At any time after the commencement of a protective
  773  investigation, a relative may submit in writing to the
  774  protective investigator or case manager a request to receive
  775  notification of all proceedings and hearings in accordance with
  776  s. 39.502. The request shall include the relative’s name,
  777  address, and phone number and the relative’s relationship to the
  778  child. The protective investigator or case manager shall forward
  779  such request to the attorney for the department. The failure to
  780  provide notice to either a relative who requests it pursuant to
  781  this subsection or to a relative who is providing out-of-home
  782  care for a child may shall not result in any previous action of
  783  the court at any stage or proceeding in dependency or
  784  termination of parental rights under any part of this chapter
  785  being set aside, reversed, modified, or in any way changed
  786  absent a finding by the court that a change is required in the
  787  child’s best interests.
  788         (c) The department, in consultation with the judiciary,
  789  shall adopt by rule criteria that are factors requiring that the
  790  department take the child into custody, petition the court as
  791  provided in this chapter, or, if the child is not taken into
  792  custody or a petition is not filed with the court, conduct an
  793  administrative review. If after an administrative review the
  794  department determines not to take the child into custody or
  795  petition the court, the department shall document the reason for
  796  its decision in writing and include it in the investigative
  797  file. For all cases that were accepted by the local law
  798  enforcement agency for criminal investigation pursuant to
  799  subsection (2), the department must include in the file written
  800  documentation that the administrative review included input from
  801  law enforcement. In addition, for all cases that must be
  802  referred to child protection teams pursuant to s. 39.303(2) and
  803  (3), the file must include written documentation that the
  804  administrative review included the results of the team’s
  805  evaluation. Factors that must be included in the development of
  806  the rule include noncompliance with the case plan developed by
  807  the department, or its agent, and the family under this chapter
  808  and prior abuse reports with findings that involve the child or
  809  caregiver.
  810         (15)(16) When a child is taken into custody pursuant to
  811  this section, the authorized agent of the department shall
  812  request that the child’s parent, caregiver, or legal custodian
  813  disclose the names, relationships, and addresses of all parents
  814  and prospective parents and all next of kin, so far as are
  815  known.
  816         (16)(17) The department shall complete its protective
  817  investigation within 60 days after receiving the initial report,
  818  unless:
  819         (a) There is also an active, concurrent criminal
  820  investigation that is continuing beyond the 60-day period and
  821  the closure of the protective investigation may compromise
  822  successful criminal prosecution of the child abuse or neglect
  823  case, in which case the closure date shall coincide with the
  824  closure date of the criminal investigation and any resulting
  825  legal action.
  826         (b) In child death cases, the final report of the medical
  827  examiner is necessary for the department to close its
  828  investigation and the report has not been received within the
  829  60-day period, in which case the report closure date shall be
  830  extended to accommodate the report.
  831         (c) A child who is necessary to an investigation has been
  832  declared missing by the department, a law enforcement agency, or
  833  a court, in which case the 60-day period shall be extended until
  834  the child has been located or until sufficient information
  835  exists to close the investigation despite the unknown location
  836  of the child.
  837         (17)(18) Immediately upon learning during the course of an
  838  investigation that:
  839         (a) The immediate safety or well-being of a child is
  840  endangered;
  841         (b) The family is likely to flee;
  842         (c) A child died as a result of abuse, abandonment, or
  843  neglect;
  844         (d) A child is a victim of aggravated child abuse as
  845  defined in s. 827.03; or
  846         (e) A child is a victim of sexual battery or of sexual
  847  abuse,
  848  
  849  the department shall orally notify the jurisdictionally
  850  responsible state attorney, and county sheriff’s office or local
  851  police department, and, within 3 working days, transmit a full
  852  written report to those agencies. The law enforcement agency
  853  shall review the report and determine whether a criminal
  854  investigation needs to be conducted and shall assume lead
  855  responsibility for all criminal fact-finding activities. A
  856  criminal investigation shall be coordinated, whenever possible,
  857  with the child protective investigation of the department. Any
  858  interested person who has information regarding an offense
  859  described in this subsection may forward a statement to the
  860  state attorney as to whether prosecution is warranted and
  861  appropriate.
  862         (18)(19) In a child protective investigation or a criminal
  863  investigation, when the initial interview with the child is
  864  conducted at school, the department or the law enforcement
  865  agency may allow, notwithstanding the provisions of s.
  866  39.0132(4), a school staff member who is known by the child to
  867  be present during the initial interview if:
  868         (a) The department or law enforcement agency believes that
  869  the school staff member could enhance the success of the
  870  interview by his or her presence; and
  871         (b) The child requests or consents to the presence of the
  872  school staff member at the interview.
  873  
  874  School staff may be present only when authorized by this
  875  subsection. Information received during the interview or from
  876  any other source regarding the alleged abuse or neglect of the
  877  child is shall be confidential and exempt from the provisions of
  878  s. 119.07(1), except as otherwise provided by court order. A
  879  separate record of the investigation of the abuse, abandonment,
  880  or neglect may shall not be maintained by the school or school
  881  staff member. Violation of this subsection is constitutes a
  882  misdemeanor of the second degree, punishable as provided in s.
  883  775.082 or s. 775.083.
  884         (19)(20) When a law enforcement agency conducts a criminal
  885  investigation into allegations of child abuse, neglect, or
  886  abandonment, photographs documenting the abuse or neglect shall
  887  will be taken when appropriate.
  888         (20)(21) Within 15 days after the case is reported to him
  889  or her pursuant to this chapter, the state attorney shall report
  890  his or her findings to the department and shall include in such
  891  report a determination of whether or not prosecution is
  892  justified and appropriate in view of the circumstances of the
  893  specific case.
  894         (22) In order to enhance the skills of individual staff and
  895  to improve the district’s overall child protection system, the
  896  department’s training program at the district level must include
  897  periodic reviews of cases handled within the district in order
  898  to identify weaknesses as well as examples of effective
  899  interventions that occurred at each point in the case.
  900         (21)(23) When an investigation is closed and a person is
  901  not identified as a caregiver responsible for the abuse,
  902  neglect, or abandonment alleged in the report, the fact that the
  903  person is named in some capacity in the report may not be used
  904  in any way to adversely affect the interests of that person.
  905  This prohibition applies to any use of the information in
  906  employment screening, licensing, child placement, adoption, or
  907  any other decisions by a private adoption agency or a state
  908  agency or its contracted providers, except that a previous
  909  report may be used to determine whether a child is safe and what
  910  the known risk is to the child at any stage of a child
  911  protection proceeding.
  912         (22)(24) If, after having been notified of the requirement
  913  to report a change in residence or location of the child to the
  914  protective investigator, a parent or legal custodian causes the
  915  child to move, or allows the child to be moved, to a different
  916  residence or location, or if the child leaves the residence on
  917  his or her own accord and the parent or legal custodian does not
  918  notify the protective investigator of the move within 2 business
  919  days, the child may be considered to be a missing child for the
  920  purposes of filing a report with a law enforcement agency under
  921  s. 937.021.
  922         Section 7. Subsection (1) of section 39.302, Florida
  923  Statutes, is amended to read:
  924         39.302 Protective investigations of institutional child
  925  abuse, abandonment, or neglect.—
  926         (1) The department shall conduct a child protective
  927  investigation of each report of institutional child abuse,
  928  abandonment, or neglect. Upon receipt of a report that alleges
  929  that an employee or agent of the department, or any other entity
  930  or person covered by s. 39.01(33) or (47), acting in an official
  931  capacity, has committed an act of child abuse, abandonment, or
  932  neglect, the department shall initiate a child protective
  933  investigation within the timeframe established under s.
  934  39.201(5) and orally notify the appropriate state attorney, law
  935  enforcement agency, and licensing agency, which shall
  936  immediately conduct a joint investigation, unless independent
  937  investigations are more feasible. When conducting investigations
  938  onsite or having face-to-face interviews with the child,
  939  investigation visits shall be unannounced unless it is
  940  determined by the department or its agent that unannounced
  941  visits threaten the safety of the child. If a facility is exempt
  942  from licensing, the department shall inform the owner or
  943  operator of the facility of the report. Each agency conducting a
  944  joint investigation is entitled to full access to the
  945  information gathered by the department in the course of the
  946  investigation. A protective investigation must include an
  947  interview with the child’s parent or legal guardian an onsite
  948  visit of the child’s place of residence. The department shall
  949  make a full written report to the state attorney within 3
  950  working days after making the oral report. A criminal
  951  investigation shall be coordinated, whenever possible, with the
  952  child protective investigation of the department. Any interested
  953  person who has information regarding the offenses described in
  954  this subsection may forward a statement to the state attorney as
  955  to whether prosecution is warranted and appropriate. Within 15
  956  days after the completion of the investigation, the state
  957  attorney shall report the findings to the department and shall
  958  include in the report a determination of whether or not
  959  prosecution is justified and appropriate in view of the
  960  circumstances of the specific case.
  961         Section 8. Subsection (2) of section 39.307, Florida
  962  Statutes, is amended to read:
  963         39.307 Reports of child-on-child sexual abuse.—
  964         (2) The department, contracted sheriff’s office providing
  965  protective investigation services, or contracted case management
  966  personnel responsible for providing services District staff, at
  967  a minimum, shall adhere to the following procedures:
  968         (a) The purpose of the response to a report alleging
  969  juvenile sexual abuse behavior shall be explained to the
  970  caregiver.
  971         1. The purpose of the response shall be explained in a
  972  manner consistent with legislative purpose and intent provided
  973  in this chapter.
  974         2. The name and office telephone number of the person
  975  responding shall be provided to the caregiver of the alleged
  976  juvenile sexual offender or child who has exhibited
  977  inappropriate sexual behavior and the victim’s caregiver.
  978         3. The possible consequences of the department’s response,
  979  including outcomes and services, shall be explained to the
  980  caregiver of the alleged juvenile sexual offender or child who
  981  has exhibited inappropriate sexual behavior and the victim’s
  982  caregiver.
  983         (b) The caregiver of the alleged juvenile sexual offender
  984  or child who has exhibited inappropriate sexual behavior and the
  985  victim’s caregiver shall be involved to the fullest extent
  986  possible in determining the nature of the sexual behavior
  987  concerns allegation and the nature of any problem or risk to
  988  other children.
  989         (c) The assessment of risk and the perceived treatment
  990  needs of the alleged juvenile sexual offender or child who has
  991  exhibited inappropriate sexual behavior, the victim, and
  992  respective caregivers shall be conducted by the district staff,
  993  the child protection team of the Department of Health, and other
  994  providers under contract with the department to provide services
  995  to the caregiver of the alleged offender, the victim, and the
  996  victim’s caregiver.
  997         (d) The assessment shall be conducted in a manner that is
  998  sensitive to the social, economic, and cultural environment of
  999  the family.
 1000         (e) If necessary, the child protection team of the
 1001  Department of Health shall conduct a physical examination of the
 1002  victim, which is sufficient to meet forensic requirements.
 1003         (f) Based on the information obtained from the alleged
 1004  juvenile sexual offender or child who has exhibited
 1005  inappropriate sexual behavior, his or her caregiver, the victim,
 1006  and the victim’s caregiver, an assessment of service and
 1007  treatment needs report must be completed within 7 days and, if
 1008  needed, a case plan developed within 30 days.
 1009         (g) The department shall classify the outcome of the report
 1010  as follows:
 1011         1. Report closed. Services were not offered because the
 1012  department determined that there was no basis for intervention.
 1013         2. Services accepted by alleged juvenile sexual offender.
 1014  Services were offered to the alleged juvenile sexual offender or
 1015  child who has exhibited inappropriate sexual behavior and
 1016  accepted by the caregiver.
 1017         3. Report closed. Services were offered to the alleged
 1018  juvenile sexual offender or child who has exhibited
 1019  inappropriate sexual behavior, but were rejected by the
 1020  caregiver.
 1021         4. Notification to law enforcement. The risk to the
 1022  victim’s safety and well-being cannot be reduced by the
 1023  provision of services or the caregiver rejected services, and
 1024  notification of the alleged delinquent act or violation of law
 1025  to the appropriate law enforcement agency was initiated.
 1026         5. Services accepted by victim. Services were offered to
 1027  the victim and accepted by the caregiver.
 1028         6. Report closed. Services were offered to the victim but
 1029  were rejected by the caregiver.
 1030         Section 9. Section 39.504, Florida Statutes, is amended to
 1031  read:
 1032         39.504 Injunction pending disposition of petition;
 1033  penalty.—
 1034         (1) At any time after a protective investigation has been
 1035  initiated pursuant to part III of this chapter, the court, upon
 1036  the request of the department, a law enforcement officer, the
 1037  state attorney, or other responsible person, or upon its own
 1038  motion, may, if there is reasonable cause, issue an injunction
 1039  to prevent any act of child abuse. Reasonable cause for the
 1040  issuance of an injunction exists if there is evidence of child
 1041  abuse or if there is a reasonable likelihood of such abuse
 1042  occurring based upon a recent overt act or failure to act.
 1043         (2) The petitioner seeking the injunction shall file a
 1044  verified petition, or a petition along with an affidavit,
 1045  setting forth the specific actions by the alleged offender from
 1046  which the child must be protected and all remedies sought. Upon
 1047  filing the petition, the court shall set a hearing to be held at
 1048  the earliest possible time. Pending the hearing, the court may
 1049  issue a temporary ex parte injunction, with verified pleadings
 1050  or affidavits as evidence. The temporary ex parte injunction
 1051  pending a hearing is effective for up to 15 days and the hearing
 1052  must be held within that period unless continued for good cause
 1053  shown, which may include obtaining service of process, in which
 1054  case the temporary ex parte injunction shall be extended for the
 1055  continuance period. The hearing may be held sooner if the
 1056  alleged offender has received reasonable notice. Notice shall be
 1057  provided to the parties as set forth in the Florida Rules of
 1058  Juvenile Procedure, unless the child is reported to be in
 1059  imminent danger, in which case the court may issue an injunction
 1060  immediately. A judge may issue an emergency injunction pursuant
 1061  to this section without notice if the court is closed for the
 1062  transaction of judicial business. If an immediate injunction is
 1063  issued, the court must hold a hearing on the next day of
 1064  judicial business to dissolve the injunction or to continue or
 1065  modify it in accordance with this section.
 1066         (3) Before the hearing, the alleged offender must be
 1067  personally served with a copy of the petition, all other
 1068  pleadings related to the petition, a notice of hearing, and, if
 1069  one has been entered, the temporary injunction. Following the
 1070  hearing, the court may enter a final injunction. The court may
 1071  grant a continuance of the hearing at any time for good cause
 1072  shown by any party. If a temporary injunction has been entered,
 1073  it shall be continued during the continuance.
 1074         (4)(3) If an injunction is issued under this section, the
 1075  primary purpose of the injunction must be to protect and promote
 1076  the best interests of the child, taking the preservation of the
 1077  child’s immediate family into consideration.
 1078         (a) The injunction applies shall apply to the alleged or
 1079  actual offender in a case of child abuse or acts of domestic
 1080  violence. The conditions of the injunction shall be determined
 1081  by the court, which conditions may include ordering the alleged
 1082  or actual offender to:
 1083         1. Refrain from further abuse or acts of domestic violence.
 1084         2. Participate in a specialized treatment program.
 1085         3. Limit contact or communication with the child victim,
 1086  other children in the home, or any other child.
 1087         4. Refrain from contacting the child at home, school, work,
 1088  or wherever the child may be found.
 1089         5. Have limited or supervised visitation with the child.
 1090         6. Pay temporary support for the child or other family
 1091  members; the costs of medical, psychiatric, and psychological
 1092  treatment for the child incurred as a result of the offenses;
 1093  and similar costs for other family members.
 1094         6.7. Vacate the home in which the child resides.
 1095         (b) Upon proper pleading, the court may award the following
 1096  relief in a temporary ex parte or final injunction If the intent
 1097  of the injunction is to protect the child from domestic
 1098  violence, the conditions may also include:
 1099         1. Awarding the Exclusive use and possession of the
 1100  dwelling to the caregiver or exclusion of excluding the alleged
 1101  or actual offender from the residence of the caregiver.
 1102         2. Awarding temporary custody of the child to the
 1103  caregiver.
 1104         2.3.Establishing Temporary support for the child or other
 1105  family members.
 1106         3. The costs of medical, psychiatric, and psychological
 1107  treatment for the child incurred due to the abuse, and similar
 1108  costs for other family members.
 1109  
 1110  This paragraph does not preclude an the adult victim of domestic
 1111  violence from seeking protection for himself or herself under s.
 1112  741.30.
 1113         (c) The terms of the final injunction shall remain in
 1114  effect until modified or dissolved by the court. The petitioner,
 1115  respondent, or caregiver may move at any time to modify or
 1116  dissolve the injunction. Notice of hearing on the motion to
 1117  modify or dissolve the injunction must be provided to all
 1118  parties, including the department. The injunction is valid and
 1119  enforceable in all counties in the state.
 1120         (5)(4) Service of process on the respondent shall be
 1121  carried out pursuant to s. 741.30. The department shall deliver
 1122  a copy of any injunction issued pursuant to this section to the
 1123  protected party or to a parent, caregiver, or individual acting
 1124  in the place of a parent who is not the respondent. Law
 1125  enforcement officers may exercise their arrest powers as
 1126  provided in s. 901.15(6) to enforce the terms of the injunction.
 1127         (6)(5) Any person who fails to comply with an injunction
 1128  issued pursuant to this section commits a misdemeanor of the
 1129  first degree, punishable as provided in s. 775.082 or s.
 1130  775.083.
 1131         (7) The person against whom an injunction is entered under
 1132  this section does not automatically become a party to a
 1133  subsequent dependency action concerning the same child.
 1134         Section 10. Paragraph (r) of subsection (2) of section
 1135  39.521, Florida Statutes, is amended to read:
 1136         39.521 Disposition hearings; powers of disposition.—
 1137         (2) The predisposition study must provide the court with
 1138  the following documented information:
 1139         (r) If the child has been removed from the home and will be
 1140  remaining with a relative, parent, or other adult approved by
 1141  the court, a home study report concerning the proposed placement
 1142  shall be included in the predisposition report. Before Prior to
 1143  recommending to the court any out-of-home placement for a child
 1144  other than placement in a licensed shelter or foster home, the
 1145  department shall conduct a study of the home of the proposed
 1146  legal custodians, which must include, at a minimum:
 1147         1. An interview with the proposed legal custodians to
 1148  assess their ongoing commitment and ability to care for the
 1149  child.
 1150         2. Records checks through the State Automated Child Welfare
 1151  Information System (SACWIS) Florida Abuse Hotline Information
 1152  System (FAHIS), and local and statewide criminal and juvenile
 1153  records checks through the Department of Law Enforcement, on all
 1154  household members 12 years of age or older. In addition, the
 1155  fingerprints of any household members who are 18 years of age or
 1156  older may be submitted to the Department of Law Enforcement for
 1157  processing and forwarding to the Federal Bureau of Investigation
 1158  for state and national criminal history information. The
 1159  department has the discretion to request State Automated Child
 1160  Welfare Information System (SACWIS) and local, statewide, and
 1161  national criminal history checks and fingerprinting of any other
 1162  visitor to the home who is made known to the department and any
 1163  other persons made known to the department who are frequent
 1164  visitors in the home. Out-of-state criminal records checks must
 1165  be initiated for any individual designated above who has resided
 1166  in a state other than Florida if provided that state’s laws
 1167  allow the release of these records. The out-of-state criminal
 1168  records must be filed with the court within 5 days after receipt
 1169  by the department or its agent.
 1170         3. An assessment of the physical environment of the home.
 1171         4. A determination of the financial security of the
 1172  proposed legal custodians.
 1173         5. A determination of suitable child care arrangements if
 1174  the proposed legal custodians are employed outside of the home.
 1175         6. Documentation of counseling and information provided to
 1176  the proposed legal custodians regarding the dependency process
 1177  and possible outcomes.
 1178         7. Documentation that information regarding support
 1179  services available in the community has been provided to the
 1180  proposed legal custodians.
 1181  
 1182  The department may shall not place the child or continue the
 1183  placement of the child in a home under shelter or
 1184  postdisposition placement if the results of the home study are
 1185  unfavorable, unless the court finds that this placement is in
 1186  the child’s best interest.
 1187  
 1188  Any other relevant and material evidence, including other
 1189  written or oral reports, may be received by the court in its
 1190  effort to determine the action to be taken with regard to the
 1191  child and may be relied upon to the extent of its probative
 1192  value, even though not competent in an adjudicatory hearing.
 1193  Except as otherwise specifically provided, nothing in this
 1194  section prohibits the publication of proceedings in a hearing.
 1195         Section 11. Subsections (2) and (4) of section 39.6011,
 1196  Florida Statutes, are amended to read:
 1197         39.6011 Case plan development.—
 1198         (2) The case plan must be written simply and clearly in
 1199  English and, if English is not the principal language of the
 1200  child’s parent, to the extent possible in the parent’s principal
 1201  language. Each case plan must contain:
 1202         (a) A description of the identified problem being
 1203  addressed, including the parent’s behavior or acts resulting in
 1204  risk to the child and the reason for the intervention by the
 1205  department.
 1206         (b) The permanency goal.
 1207         (c) If concurrent planning is being used, a description of
 1208  the permanency goal of reunification with the parent or legal
 1209  custodian in addition to a description of one of the remaining
 1210  permanency goals described in s. 39.01.
 1211         1. If a child has not been removed from a parent, but is
 1212  found to be dependent, even if adjudication of dependency is
 1213  withheld, the court may leave the child in the current placement
 1214  with maintaining and strengthening the placement as a permanency
 1215  option.
 1216         2. If a child has been removed from a parent and is placed
 1217  with a parent from whom the child was not removed, the court may
 1218  leave the child in the placement with the parent from whom the
 1219  child was not removed with maintaining and strengthening the
 1220  placement as a permanency option.
 1221         3. If a child has been removed from a parent and is
 1222  subsequently reunified with that parent, the court may leave the
 1223  child with that parent with maintaining and strengthening the
 1224  placement as a permanency option.
 1225         (d) The date the compliance period expires. The case plan
 1226  must be limited to as short a period as possible for
 1227  accomplishing its provisions. The plan’s compliance period
 1228  expires no later than 12 months after the date the child was
 1229  initially removed from the home, the child was adjudicated
 1230  dependent, or the date the case plan was accepted by the court,
 1231  whichever occurs first sooner.
 1232         (e) A written notice to the parent that failure of the
 1233  parent to substantially comply with the case plan may result in
 1234  the termination of parental rights, and that a material breach
 1235  of the case plan may result in the filing of a petition for
 1236  termination of parental rights sooner than the compliance period
 1237  set forth in the case plan.
 1238         (4) The case plan must describe:
 1239         (a) The role of the foster parents or legal custodians when
 1240  developing the services that are to be provided to the child,
 1241  foster parents, or legal custodians;
 1242         (b) The responsibility of the case manager to forward a
 1243  relative’s request to receive notification of all proceedings
 1244  and hearings submitted pursuant to s. 39.301(14)(b)
 1245  39.301(15)(b) to the attorney for the department;
 1246         (c) The minimum number of face-to-face meetings to be held
 1247  each month between the parents and the department’s family
 1248  services counselors to review the progress of the plan, to
 1249  eliminate barriers to progress, and to resolve conflicts or
 1250  disagreements; and
 1251         (d) The parent’s responsibility for financial support of
 1252  the child, including, but not limited to, health insurance and
 1253  child support. The case plan must list the costs associated with
 1254  any services or treatment that the parent and child are expected
 1255  to receive which are the financial responsibility of the parent.
 1256  The determination of child support and other financial support
 1257  shall be made independently of any determination of indigency
 1258  under s. 39.013.
 1259         Section 12. Subsection (1) of section 39.621, Florida
 1260  Statutes, is amended to read:
 1261         39.621 Permanency determination by the court.—
 1262         (1) Time is of the essence for permanency of children in
 1263  the dependency system. A permanency hearing must be held no
 1264  later than 12 months after the date the child was removed from
 1265  the home or within no later than 30 days after a court
 1266  determines that reasonable efforts to return a child to either
 1267  parent are not required, whichever occurs first. The purpose of
 1268  the permanency hearing is to determine when the child will
 1269  achieve the permanency goal or whether modifying the current
 1270  goal is in the best interest of the child. A permanency hearing
 1271  must be held at least every 12 months for any child who
 1272  continues to be supervised by receive supervision from the
 1273  department or awaits adoption.
 1274         Section 13. Paragraph (b) of subsection (3), subsection
 1275  (6), and paragraph (e) of subsection (10) of section 39.701,
 1276  Florida Statutes, are amended to read:
 1277         39.701 Judicial review.—
 1278         (3)
 1279         (b) If the citizen review panel recommends extending the
 1280  goal of reunification for any case plan beyond 12 months from
 1281  the date the child was removed from the home, or the case plan
 1282  was adopted, or the child was adjudicated dependent, whichever
 1283  date came first, the court must schedule a judicial review
 1284  hearing to be conducted by the court within 30 days after
 1285  receiving the recommendation from the citizen review panel.
 1286         (6) The attorney for the department shall notify a relative
 1287  who submits a request for notification of all proceedings and
 1288  hearings pursuant to s. 39.301(14)(b) 39.301(15)(b). The notice
 1289  shall include the date, time, and location of the next judicial
 1290  review hearing.
 1291         (10)
 1292         (e) Within No later than 6 months after the date that the
 1293  child was placed in shelter care, the court shall conduct a
 1294  judicial review hearing to review the child’s permanency goal as
 1295  identified in the case plan. At the hearing the court shall make
 1296  findings regarding the likelihood of the child’s reunification
 1297  with the parent or legal custodian within 12 months after the
 1298  removal of the child from the home. If, at this hearing, the
 1299  court makes a written finding that it is not likely that the
 1300  child will be reunified with the parent or legal custodian
 1301  within 12 months after the child was removed from the home, the
 1302  department must file with the court, and serve on all parties, a
 1303  motion to amend the case plan under s. 39.6013 and declare that
 1304  it will use concurrent planning for the case plan. The
 1305  department must file the motion within no later than 10 business
 1306  days after receiving the written finding of the court. The
 1307  department must attach the proposed amended case plan to the
 1308  motion. If concurrent planning is already being used, the case
 1309  plan must document the efforts the department is taking to
 1310  complete the concurrent goal.
 1311         Section 14. Subsection (1) of section 39.8055, Florida
 1312  Statutes, is amended to read:
 1313         39.8055 Requirement to file a petition to terminate
 1314  parental rights; exceptions.—
 1315         (1) The department shall file a petition to terminate
 1316  parental rights within 60 days after any of the following if:
 1317         (a) The At the time of the 12-month judicial review
 1318  hearing, a child is not returned to the physical custody of the
 1319  parents 12 months after the child was sheltered or adjudicated
 1320  dependent, whichever occurs first;
 1321         (b) A petition for termination of parental rights has not
 1322  otherwise been filed, and the child has been in out-of-home care
 1323  under the responsibility of the state for 12 of the most recent
 1324  22 months, calculated on a cumulative basis, but not including
 1325  any trial home visits or time during which the child was a
 1326  runaway;
 1327         (c) A parent has been convicted of the murder,
 1328  manslaughter, aiding or abetting the murder, or conspiracy or
 1329  solicitation to murder the other parent or another child of the
 1330  parent, or a felony battery that resulted in serious bodily
 1331  injury to the child or to another child of the parent; or
 1332         (d) A court determines that reasonable efforts to reunify
 1333  the child and parent are not required.
 1334         Section 15. Paragraphs (d), (e), and (k) of subsection (1)
 1335  and subsection (2) of section 39.806, Florida Statutes, are
 1336  amended to read:
 1337         39.806 Grounds for termination of parental rights.—
 1338         (1) Grounds for the termination of parental rights may be
 1339  established under any of the following circumstances:
 1340         (d) When the parent of a child is incarcerated in a state
 1341  or federal correctional institution and either:
 1342         1. The period of time for which the parent is expected to
 1343  be incarcerated will constitute a significant substantial
 1344  portion of the child’s minority. When determining whether the
 1345  period of time is significant, the court shall consider the
 1346  child’s age and the child’s need for a permanent and stable
 1347  home. The period of time begins on the date that the parent
 1348  enters into incarceration period of time before the child will
 1349  attain the age of 18 years;
 1350         2. The incarcerated parent has been determined by the court
 1351  to be a violent career criminal as defined in s. 775.084, a
 1352  habitual violent felony offender as defined in s. 775.084, or a
 1353  sexual predator as defined in s. 775.21; has been convicted of
 1354  first degree or second degree murder in violation of s. 782.04
 1355  or a sexual battery that constitutes a capital, life, or first
 1356  degree felony violation of s. 794.011; or has been convicted of
 1357  an offense in another jurisdiction which is substantially
 1358  similar to one of the offenses listed in this paragraph. As used
 1359  in this section, the term “substantially similar offense” means
 1360  any offense that is substantially similar in elements and
 1361  penalties to one of those listed in this subparagraph, and that
 1362  is in violation of a law of any other jurisdiction, whether that
 1363  of another state, the District of Columbia, the United States or
 1364  any possession or territory thereof, or any foreign
 1365  jurisdiction; or
 1366         3. The court determines by clear and convincing evidence
 1367  that continuing the parental relationship with the incarcerated
 1368  parent would be harmful to the child and, for this reason, that
 1369  termination of the parental rights of the incarcerated parent is
 1370  in the best interest of the child. When determining harm, the
 1371  court shall consider the following factors:
 1372         a. The age of the child;
 1373         b. The relationship between the child and the parent;
 1374         c. The nature of the parent’s current and past provision
 1375  for the child’s developmental, cognitive, psychological, and
 1376  physical needs;
 1377         d. The parent’s history of criminal behavior, which may
 1378  include the frequency of incarceration and the unavailability of
 1379  the parent to the child due to incarceration; and
 1380         e. Any other factor the court deems relevant.
 1381         (e) When a child has been adjudicated dependent, a case
 1382  plan has been filed with the court, and:
 1383         1. The child continues to be abused, neglected, or
 1384  abandoned by the parent or parents. The failure of the parent or
 1385  parents to substantially comply with the case plan for a period
 1386  of 12 9 months after an adjudication of the child as a dependent
 1387  child or the child’s placement into shelter care, whichever
 1388  occurs first, constitutes evidence of continuing abuse, neglect,
 1389  or abandonment unless the failure to substantially comply with
 1390  the case plan was due to the parent’s lack of financial
 1391  resources or to the failure of the department to make reasonable
 1392  efforts to reunify the parent and child. The 12-month 9-month
 1393  period begins to run only after the child’s placement into
 1394  shelter care or the entry of a disposition order placing the
 1395  custody of the child with the department or a person other than
 1396  the parent and the court’s approval of a case plan having the
 1397  goal of reunification with the parent, whichever occurs first;
 1398  or
 1399         2. The parent or parents have materially breached the case
 1400  plan. Time is of the essence for permanency of children in the
 1401  dependency system. In order to prove the parent or parents have
 1402  materially breached the case plan, the court must find by clear
 1403  and convincing evidence that the parent or parents are unlikely
 1404  or unable to substantially comply with the case plan before time
 1405  to comply with the case plan expires.
 1406         (k) A test administered at birth that indicated that the
 1407  child’s blood, urine, or meconium contained any amount of
 1408  alcohol or a controlled substance or metabolites of such
 1409  substances, the presence of which was not the result of medical
 1410  treatment administered to the mother or the newborn infant, and
 1411  the biological mother of the child is the biological mother of
 1412  at least one other child who was adjudicated dependent after a
 1413  finding of harm to the child’s health or welfare due to exposure
 1414  to a controlled substance or alcohol as defined in s.
 1415  39.01(32)(g), after which the biological mother had the
 1416  opportunity to participate in substance abuse treatment.
 1417         (2) Reasonable efforts to preserve and reunify families are
 1418  not required if a court of competent jurisdiction has determined
 1419  that any of the events described in paragraphs (1)(b)-(d) or
 1420  (f)-(l) (1)(e)-(l) have occurred.
 1421         Section 16. The amendments made by this act to paragraph
 1422  (d) of subsection (1) of section 39.806, Florida Statutes, do
 1423  not apply to any cause of action that accrued before July 1,
 1424  2012.
 1425         Section 17. Subsections (1) and (19) of section 39.502,
 1426  Florida Statutes, are amended to read:
 1427         39.502 Notice, process, and service.—
 1428         (1) Unless parental rights have been terminated, all
 1429  parents must be notified of all proceedings or hearings
 1430  involving the child. Notice in cases involving shelter hearings
 1431  and hearings resulting from medical emergencies must be that
 1432  most likely to result in actual notice to the parents. In all
 1433  other dependency proceedings, notice must be provided in
 1434  accordance with subsections (4)-(9), except when a relative
 1435  requests notification pursuant to s. 39.301(14)(b)
 1436  39.301(15)(b), in which case notice shall be provided pursuant
 1437  to subsection (19).
 1438         (19) In all proceedings and hearings under this chapter,
 1439  the attorney for the department shall notify, orally or in
 1440  writing, a relative requesting notification pursuant to s.
 1441  39.301(14)(b) 39.301(15)(b) of the date, time, and location of
 1442  such proceedings and hearings, and notify the relative that he
 1443  or she has the right to attend all subsequent proceedings and
 1444  hearings, to submit reports to the court, and to speak to the
 1445  court regarding the child, if the relative so desires. The court
 1446  has the discretion to release the attorney for the department
 1447  from notifying a relative who requested notification pursuant to
 1448  s. 39.301(14)(b) 39.301(15)(b) if the relative’s involvement is
 1449  determined to be impeding the dependency process or detrimental
 1450  to the child’s well-being.
 1451         Section 18. Section 39.823, Florida Statutes, is amended to
 1452  read:
 1453         39.823 Guardian advocates for drug dependent newborns.—The
 1454  Legislature finds that increasing numbers of drug dependent
 1455  children are born in this state. Because of the parents’
 1456  continued dependence upon drugs, the parents may temporarily
 1457  leave their child with a relative or other adult or may have
 1458  agreed to voluntary family services under s. 39.301(14)
 1459  39.301(15). The relative or other adult may be left with a child
 1460  who is likely to require medical treatment but for whom they are
 1461  unable to obtain medical treatment. The purpose of this section
 1462  is to provide an expeditious method for such relatives or other
 1463  responsible adults to obtain a court order which allows them to
 1464  provide consent for medical treatment and otherwise advocate for
 1465  the needs of the child and to provide court review of such
 1466  authorization.
 1467         Section 19. Subsection (1) of section 39.828, Florida
 1468  Statutes, is amended to read:
 1469         39.828 Grounds for appointment of a guardian advocate.—
 1470         (1) The court shall appoint the person named in the
 1471  petition as a guardian advocate with all the powers and duties
 1472  specified in s. 39.829 for an initial term of 1 year upon a
 1473  finding that:
 1474         (a) The child named in the petition is or was a drug
 1475  dependent newborn as described in s. 39.01(32)(g);
 1476         (b) The parent or parents of the child have voluntarily
 1477  relinquished temporary custody of the child to a relative or
 1478  other responsible adult;
 1479         (c) The person named in the petition to be appointed the
 1480  guardian advocate is capable of carrying out the duties as
 1481  provided in s. 39.829; and
 1482         (d) A petition to adjudicate the child dependent under this
 1483  chapter has not been filed.
 1484         Section 20. Subsection (3) of section 402.56, Florida
 1485  Statutes, is amended to read:
 1486         402.56 Children’s cabinet; organization; responsibilities;
 1487  annual report.—
 1488         (3) ORGANIZATION.—There is created the Children and Youth
 1489  Cabinet, which is a coordinating council as defined in s. 20.03.
 1490         (a) The cabinet shall ensure that the public policy of this
 1491  state relating to children and youth is developed to promote
 1492  interdepartmental collaboration and program implementation in
 1493  order that services designed for children and youth are planned,
 1494  managed, and delivered in a holistic and integrated manner to
 1495  improve the children’s self-sufficiency, safety, economic
 1496  stability, health, and quality of life.
 1497         (b) The cabinet is created in the Executive Office of the
 1498  Governor, which shall provide administrative support and service
 1499  to the cabinet.
 1500         (c) The cabinet shall meet for its organizational session
 1501  no later than October 1, 2007. Thereafter, The cabinet shall
 1502  meet at least four six times each year in different regions of
 1503  the state in order to solicit input from the public and any
 1504  other individual offering testimony relevant to the issues
 1505  considered. Each meeting must include a public comment session.
 1506         Section 21. This act shall take effect July 1, 2012.