HB 803

A bill to be entitled
2An act relating to child protection; amending s.
339.01, F.S.; revising the definition of "institutional
4child abuse or neglect"; amending s. 39.013, F.S.;
5specifying when jurisdiction attaches for a petition
6for an injunction to prevent child abuse issued
7pursuant to specified provisions; amending s. 39.0138,
8F.S.; revising provisions relating to criminal history
9records check on persons being considered for
10placement of a child; requiring a records check
11through the State Automated Child Welfare Information
12System; providing for an out-of-state criminal history
13records check of certain persons who have lived out of
14state if such records may be obtained; amending s.
1539.201, F.S.; providing procedures for calls from a
16parent or legal custodian seeking assistance for
17himself or herself which do not meet the criteria for
18being a report of child abuse, abandonment, or
19neglect, but show a potential future risk of harm to a
20child and requiring a referral if a need for community
21services exists; specifying that the central abuse
22hotline is the first step in the safety assessment and
23investigation process; amending s. 39.205, F.S.;
24permitting discontinuance of an investigation of child
25abuse, abandonment, or neglect during the course of
26the investigation if it is determined that the report
27was false; amending s. 39.301, F.S.; substituting
28references to a standard electronic child welfare case
29for a master file; revising requirements for such a
30file; revising requirements for informing the subject
31of an investigation; deleting provisions relating to a
32preliminary determination as to whether an
33investigation report is complete; revising
34requirements for child protective investigation
35activities to be performed to determine child safety;
36specifying uses for certain criminal justice
37information accesses by child protection
38investigators; requiring documentation of the present
39and impending dangers to each child through use of a
40standardized safety assessment; revising provisions
41relating to required protective, treatment, and
42ameliorative services; revising requirements for the
43Department of Children and Family Service's training
44program for staff responsible for responding to
45reports accepted by the central abuse hotline;
46requiring the department's training program at the
47regional and district levels to include results of
48qualitative reviews of child protective investigation
49cases handled within the region or district; revising
50requirements for the department's quality assurance
51program; amending s. 39.302, F.S.; requiring that a
52protective investigation must include an interview
53with the child's parent or legal guardian; amending s.
5439.307, F.S.; requiring the department, contracted
55sheriff's office providing protective investigation
56services, or contracted case management personnel
57responsible for providing services to adhere to
58certain procedures relating to reports of child-on-
59child sexual abuse; deleting a requirement that an
60assessment of service and treatment needs to be
61completed within a specified period; amending s.
6239.504, F.S.; revising provisions relating to the
63process for seeking a child protective injunction;
64providing for temporary ex parte injunctions;
65providing requirements for service on an alleged
66offender; revising provisions relating to the contents
67of an injunction; providing for certain relief;
68providing requirements for notice of a hearing on a
69motion to modify or dissolve an injunction; providing
70that a person against whom an injunction is entered
71does not automatically become a party to a subsequent
72dependency action concerning the same child unless he
73or she was a party to the action in which the
74injunction was entered; amending s. 39.521, F.S.;
75requiring a home study report if a child has been
76removed from the home and will be remaining with a
77parent; substituting references to the State Automated
78Child Welfare Information System for the Florida Abuse
79Hotline Information System applicable to records
80checks; authorizing submission of fingerprints of
81certain household members; authorizing requests for
82national criminal history checks and fingerprinting of
83any visitor to the home known to the department;
84amending s. 39.6011, F.S.; providing additional
85options for the court with respect to case plans;
86providing for expiration of a child's case plan no
87later than 12 months after the date the child was
88adjudicated dependent; conforming a cross-reference to
89changes made by the act; amending s. 39.621, F.S.;
90revising terminology relating to permanency
91determinations; amending s. 39.701, F.S.; providing
92that a court must schedule a judicial review hearing
93if the citizen review panel recommends extending the
94goal of reunification for any case plan beyond 12
95months from the date the child was adjudicated
96dependent, unless specified other events occurred
97earlier; conforming a cross-reference to changes made
98by the act; amending s. 39.8055, F.S.; requiring the
99department to file a petition to terminate parental
100rights within a certain number of days after the
101completion of a specified period after the child was
102sheltered or adjudicated dependent, whichever occurs
103first; amending s. 39.806, F.S.; increasing the number
104of months of failure of the parent or parents to
105substantially comply with a child's case plan in
106certain circumstances that constitutes evidence of
107continuing abuse, neglect, or abandonment and grounds
108for termination of parental rights; revising a cross-
109reference; amending ss. 39.502, 39.823, and 39.828,
110F.S.; conforming cross-references to changes made by
111the act; providing an effective date.
113Be It Enacted by the Legislature of the State of Florida:
115     Section 1.  Subsection (33) of section 39.01, Florida
116Statutes, is amended to read:
117     39.01  Definitions.-When used in this chapter, unless the
118context otherwise requires:
119     (33)  "Institutional child abuse or neglect" means
120situations of known or suspected child abuse or neglect in which
121the person allegedly perpetrating the child abuse or neglect is
122an employee of a private school, public or private day care
123center, residential home, institution, facility, or agency or
124any other person at such institution responsible for the child's
125care as defined in subsection (47).
126     Section 2.  Subsection (2) of section 39.013, Florida
127Statutes, is amended to read:
128     39.013  Procedures and jurisdiction; right to counsel.-
129     (2)  The circuit court has exclusive original jurisdiction
130of all proceedings under this chapter, of a child voluntarily
131placed with a licensed child-caring agency, a licensed child-
132placing agency, or the department, and of the adoption of
133children whose parental rights have been terminated under this
134chapter. Jurisdiction attaches when the initial shelter
135petition, dependency petition, or termination of parental rights
136petition, or a petition for an injunction to prevent child abuse
137issued pursuant to s. 39.504, is filed or when a child is taken
138into the custody of the department. The circuit court may assume
139jurisdiction over any such proceeding regardless of whether the
140child was in the physical custody of both parents, was in the
141sole legal or physical custody of only one parent, caregiver, or
142some other person, or was not in the physical or legal custody
143of any no person when the event or condition occurred that
144brought the child to the attention of the court. When the court
145obtains jurisdiction of any child who has been found to be
146dependent, the court shall retain jurisdiction, unless
147relinquished by its order, until the child reaches 18 years of
148age. However, if a youth petitions the court at any time before
149his or her 19th birthday requesting the court's continued
150jurisdiction, the juvenile court may retain jurisdiction under
151this chapter for a period not to exceed 1 year following the
152youth's 18th birthday for the purpose of determining whether
153appropriate aftercare support, Road-to-Independence Program,
154transitional support, mental health, and developmental
155disability services, to the extent otherwise authorized by law,
156have been provided to the formerly dependent child who was in
157the legal custody of the department immediately before his or
158her 18th birthday. If a petition for special immigrant juvenile
159status and an application for adjustment of status have been
160filed on behalf of a foster child and the petition and
161application have not been granted by the time the child reaches
16218 years of age, the court may retain jurisdiction over the
163dependency case solely for the purpose of allowing the continued
164consideration of the petition and application by federal
165authorities. Review hearings for the child shall be set solely
166for the purpose of determining the status of the petition and
167application. The court's jurisdiction terminates upon the final
168decision of the federal authorities. Retention of jurisdiction
169in this instance does not affect the services available to a
170young adult under s. 409.1451. The court may not retain
171jurisdiction of the case after the immigrant child's 22nd
173     Section 3.  Subsection (1) of section 39.0138, Florida
174Statutes, is amended to read:
175     39.0138  Criminal history and other records checks check;
176limit on placement of a child.-
177     (1)  The department shall conduct a records check through
178the State Automated Child Welfare Information System (SACWIS)
179and a local and statewide criminal history records check on all
180persons, including parents, being considered by the department
181for placement of a child subject to a placement decision under
182this chapter, including all nonrelative placement decisions, and
183all members of the household, 12 years of age and older, of the
184person being considered, and frequent visitors to the household.
185For purposes of this section, a criminal history records check
186may include, but is not limited to, submission of fingerprints
187to the Department of Law Enforcement for processing and
188forwarding to the Federal Bureau of Investigation for state and
189national criminal history information, and local criminal
190records checks through local law enforcement agencies of all
191household members 18 years of age and older and other visitors
192to the home. An out-of-state criminal history records check must
193be initiated for any person 18 years of age or older who resided
194in another state if that state allows the release of such
195records. A criminal history records check must also include a
196search of the department's automated abuse information system.
197The department shall establish by rule standards for evaluating
198any information contained in the automated system relating to a
199person who must be screened for purposes of making a placement
201     Section 4.  Paragraph (a) of subsection (2) and subsection
202(4) of section 39.201, Florida Statutes, are amended to read:
203     39.201  Mandatory reports of child abuse, abandonment, or
204neglect; mandatory reports of death; central abuse hotline.-
205     (2)(a)  Each report of known or suspected child abuse,
206abandonment, or neglect by a parent, legal custodian, caregiver,
207or other person responsible for the child's welfare as defined
208in this chapter, except those solely under s. 827.04(3), and
209each report that a child is in need of supervision and care and
210has no parent, legal custodian, or responsible adult relative
211immediately known and available to provide supervision and care
212shall be made immediately to the department's central abuse
213hotline. Such reports may be made on the single statewide toll-
214free telephone number or via fax or web-based report. Personnel
215at the department's central abuse hotline shall determine if the
216report received meets the statutory definition of child abuse,
217abandonment, or neglect. Any report meeting one of these
218definitions shall be accepted for the protective investigation
219pursuant to part III of this chapter. Any call received from a
220parent or legal custodian seeking assistance for himself or
221herself which does not meet the criteria for being a report of
222child abuse, abandonment, or neglect may be accepted by the
223hotline for response to ameliorate a potential future risk of
224harm to a child. If it is determined by a child welfare
225professional that a need for community services exists, the
226department shall refer the parent or legal custodian for
227appropriate voluntary community services.
228     (4)  The department shall operate establish and maintain a
229central abuse hotline to receive all reports made pursuant to
230this section in writing, via fax, via web-based reporting, or
231through a single statewide toll-free telephone number, which any
232person may use to report known or suspected child abuse,
233abandonment, or neglect at any hour of the day or night, any day
234of the week. The central abuse hotline is the first step in the
235safety assessment and investigation process. The central abuse
236hotline shall be operated in such a manner as to enable the
237department to:
238     (a)  Immediately identify and locate prior reports or cases
239of child abuse, abandonment, or neglect through utilization of
240the department's automated tracking system.
241     (b)  Monitor and evaluate the effectiveness of the
242department's program for reporting and investigating suspected
243abuse, abandonment, or neglect of children through the
244development and analysis of statistical and other information.
245     (c)  Track critical steps in the investigative process to
246ensure compliance with all requirements for any report of abuse,
247abandonment, or neglect.
248     (d)  Maintain and produce aggregate statistical reports
249monitoring patterns of child abuse, child abandonment, and child
250neglect. The department shall collect and analyze child-on-child
251sexual abuse reports and include the information in aggregate
252statistical reports.
253     (e)  Serve as a resource for the evaluation, management,
254and planning of preventive and remedial services for children
255who have been subject to abuse, abandonment, or neglect.
256     (f)  Initiate and enter into agreements with other states
257for the purpose of gathering and sharing information contained
258in reports on child maltreatment to further enhance programs for
259the protection of children.
260     Section 5.  Subsections (3) and (5) of section 39.205,
261Florida Statutes, are amended to read:
262     39.205  Penalties relating to reporting of child abuse,
263abandonment, or neglect.-
264     (3)  A person who knowingly and willfully makes public or
265discloses any confidential information contained in the central
266abuse hotline or in the records of any child abuse, abandonment,
267or neglect case, except as provided in this chapter, commits is
268guilty of a misdemeanor of the second degree, punishable as
269provided in s. 775.082 or s. 775.083.
270     (5)  If the department or its authorized agent has
271determined during the course of after its investigation that a
272report is a false report, the department may discontinue all
273investigative activities and shall, with the consent of the
274alleged perpetrator, refer the report to the local law
275enforcement agency having jurisdiction for an investigation to
276determine whether sufficient evidence exists to refer the case
277for prosecution for filing a false report as defined in s.
27839.01. During the pendency of the investigation, the department
279must notify the local law enforcement agency of, and the local
280law enforcement agency must respond to, all subsequent reports
281concerning children in that same family in accordance with s.
28239.301. If the law enforcement agency believes that there are
283indicators of abuse, abandonment, or neglect, it must
284immediately notify the department, which must ensure the safety
285of the children. If the law enforcement agency finds sufficient
286evidence for prosecution for filing a false report, it must
287refer the case to the appropriate state attorney for
289     Section 6.  Section 39.301, Florida Statutes, is amended to
291     39.301  Initiation of protective investigations.-
292     (1)  Upon receiving a report of known or suspected child
293abuse, abandonment, or neglect, or that a child is in need of
294supervision and care and has no parent, legal custodian, or
295responsible adult relative immediately known and available to
296provide supervision and care, the central abuse hotline shall
297determine if the report requires an immediate onsite protective
298investigation. For reports requiring an immediate onsite
299protective investigation, the central abuse hotline shall
300immediately notify the department's designated district staff
301responsible for protective investigations to ensure that an
302onsite investigation is promptly initiated. For reports not
303requiring an immediate onsite protective investigation, the
304central abuse hotline shall notify the department's designated
305district staff responsible for protective investigations in
306sufficient time to allow for an investigation. At the time of
307notification, the central abuse hotline shall also provide
308information to district staff on any previous report concerning
309a subject of the present report or any pertinent information
310relative to the present report or any noted earlier reports.
311     (2)(a)  The department shall immediately forward
312allegations of criminal conduct to the municipal or county law
313enforcement agency of the municipality or county in which the
314alleged conduct has occurred.
315     (b)  As used in this subsection, the term "criminal
316conduct" means:
317     1.  A child is known or suspected to be the victim of child
318abuse, as defined in s. 827.03, or of neglect of a child, as
319defined in s. 827.03.
320     2.  A child is known or suspected to have died as a result
321of abuse or neglect.
322     3.  A child is known or suspected to be the victim of
323aggravated child abuse, as defined in s. 827.03.
324     4.  A child is known or suspected to be the victim of
325sexual battery, as defined in s. 827.071, or of sexual abuse, as
326defined in s. 39.01.
327     5.  A child is known or suspected to be the victim of
328institutional child abuse or neglect, as defined in s. 39.01,
329and as provided for in s. 39.302(1).
330     6.  A child is known or suspected to be a victim of human
331trafficking, as provided in s. 787.06.
332     (c)  Upon receiving a written report of an allegation of
333criminal conduct from the department, the law enforcement agency
334shall review the information in the written report to determine
335whether a criminal investigation is warranted. If the law
336enforcement agency accepts the case for criminal investigation,
337it shall coordinate its investigative activities with the
338department, whenever feasible. If the law enforcement agency
339does not accept the case for criminal investigation, the agency
340shall notify the department in writing.
341     (d)  The local law enforcement agreement required in s.
34239.306 shall describe the specific local protocols for
343implementing this section.
344     (3)  The department shall maintain a single, standard
345electronic child welfare case master file for each child whose
346report is accepted by the central abuse hotline for
347investigation. Such file must contain information concerning all
348reports received by the abuse hotline concerning that child and
349all services received by that child and family. The file must be
350made available to any department staff, agent of the department,
351or contract provider given responsibility for conducting a
352protective investigation.
353     (4)  To the extent practical, all protective investigations
354involving a child shall be conducted or the work supervised by a
355single individual in order for there to be broad knowledge and
356understanding of the child's history. When a new investigator is
357assigned to investigate a second and subsequent report involving
358a child, a multidisciplinary staffing shall be conducted which
359includes new and prior investigators, their supervisors, and
360appropriate private providers in order to ensure that, to the
361extent possible, there is coordination among all parties. The
362department shall establish an internal operating procedure that
363ensures that all required investigatory activities, including a
364review of the child's complete investigative and protective
365services history, are completed by the investigator, reviewed by
366the supervisor in a timely manner, and signed and dated by both
367the investigator and the supervisor.
368     (5)(a)  Upon commencing an investigation under this part,
369the child protective investigator shall inform any subject of
370the investigation of the following:
371     1.  The names of the investigators and identifying
372credentials from the department.
373     2.  The purpose of the investigation.
374     3.  The right to obtain his or her own attorney and ways
375that the information provided by the subject may be used.
376     4.  The possible outcomes and services of the department's
377response shall be explained to the parent or legal custodian.
378     5.  The right of the parent or legal custodian to be
379engaged involved to the fullest extent possible in determining
380the nature of the allegation and the nature of any identified
381problem and the remedy.
382     6.  The duty of the parent or legal custodian to report any
383change in the residence or location of the child to the
384investigator and that the duty to report continues until the
385investigation is closed.
386     (b)  The investigator shall department's training program
387shall ensure that protective investigators know how to fully
388inform parents or legal custodians of their rights and options,
389including opportunities for audio or video recording of
390investigators' interviews with parents or legal custodians or
392     (6)  Upon commencing an investigation under this part, if a
393report was received from a reporter under s. 39.201(1)(b), the
394protective investigator must provide his or her contact
395information to the reporter within 24 hours after being assigned
396to the investigation. The investigator must also advise the
397reporter that he or she may provide a written summary of the
398report made to the central abuse hotline to the investigator
399which shall become a part of the electronic child welfare case
400master file.
401     (7)  An assessment of safety risk and the perceived needs
402for the child and family shall be conducted in a manner that is
403sensitive to the social, economic, and cultural environment of
404the family. This assessment must include a face-to-face
405interview with the child, other siblings, parents, and other
406adults in the household and an onsite assessment of the child's
408     (8)  Protective investigations shall be performed by the
409department or its agent.
410     (9)  The person responsible for the investigation shall
411make a preliminary determination as to whether the report is
412complete, consulting with the attorney for the department when
413necessary. In any case in which the person responsible for the
414investigation finds that the report is incomplete, he or she
415shall return it without delay to the person or agency
416originating the report or having knowledge of the facts, or to
417the appropriate law enforcement agency having investigative
418jurisdiction, and request additional information in order to
419complete the report; however, the confidentiality of any report
420filed in accordance with this chapter shall not be violated.
421     (a)  If it is determined that the report is complete, but
422the interests of the child and the public will be best served by
423providing the child care or other treatment voluntarily accepted
424by the child and the parents or legal custodians, the protective
425investigator may refer the parent or legal custodian and child
426for such care or other treatment.
427     (b)  If it is determined that the child is in need of the
428protection and supervision of the court, the department shall
429file a petition for dependency. A petition for dependency shall
430be filed in all cases classified by the department as high-risk.
431Factors that the department may consider in determining whether
432a case is high-risk include, but are not limited to, the young
433age of the parents or legal custodians; the use of illegal
434drugs; the arrest of the parents or legal custodians on charges
435of manufacturing, processing, disposing of, or storing, either
436temporarily or permanently, any substances in violation of
437chapter 893; or domestic violence.
438     (c)  If a petition for dependency is not being filed by the
439department, the person or agency originating the report shall be
440advised of the right to file a petition pursuant to this part.
441     (9)(10)(a)  For each report received from the central abuse
442hotline and accepted for investigation that meets one or more of
443the following criteria, the department or the sheriff providing
444child protective investigative services under s. 39.3065, shall
445perform the following an onsite child protective investigation
446activities to determine child safety:
447     1.  Conduct a review of all relevant, available information
448specific to the child and family and alleged maltreatment;
449family child welfare history; local, state, and federal criminal
450records checks; and requests for law enforcement assistance
451provided by the abuse hotline. Based on a review of available
452information, including the allegations in the current report, a
453determination shall be made as to whether immediate consultation
454should occur with law enforcement, the child protection team, a
455domestic violence shelter or advocate, or a substance abuse or
456mental health professional. Such consultations should include
457discussion as to whether a joint response is necessary and
458feasible. A determination shall be made as to whether the person
459making the report should be contacted before the face-to-face
460interviews with the child and family members A report for which
461there is obvious compelling evidence that no maltreatment
462occurred and there are no prior reports containing some
463indicators or verified findings of abuse or neglect with respect
464to any subject of the report or other individuals in the home. A
465prior report in which an adult in the home was a victim of abuse
466or neglect before becoming an adult does not exclude a report
467otherwise meeting the criteria of this subparagraph from the
468onsite child protective investigation provided for in this
469subparagraph. The process for an onsite child protective
470investigation stipulated in this subsection may not be conducted
471if an allegation meeting the criteria of this subparagraph
472involves physical abuse, sexual abuse, domestic violence,
473substance abuse or substance exposure, medical neglect, a child
474younger than 3 years of age, or a child who is disabled or lacks
475communication skills.
476     2.  Conduct A report concerning an incident of abuse which
477is alleged to have occurred 2 or more years prior to the date of
478the report and there are no other indicators of risk to any
479child in the home.
480     (b)  The onsite child protective investigation to be
481performed shall include a face-to-face interviews interview with
482the child; other siblings, if any; and the parents, legal
483custodians, or caregivers.; and other adults in the household
484and an onsite assessment of the child's residence in order to:
485     3.1.  Assess the child's residence, including a
486determination of Determine the composition of the family and or
487household, including the name, address, date of birth, social
488security number, sex, and race of each child named in the
489report; any siblings or other children in the same household or
490in the care of the same adults; the parents, legal custodians,
491or caregivers; and any other adults in the same household.
492     4.2.  Determine whether there is any indication that any
493child in the family or household has been abused, abandoned, or
494neglected; the nature and extent of present or prior injuries,
495abuse, or neglect, and any evidence thereof; and a determination
496as to the person or persons apparently responsible for the
497abuse, abandonment, or neglect, including the name, address,
498date of birth, social security number, sex, and race of each
499such person.
500     5.3.  Complete assessment of immediate child safety for
501Determine the immediate and long-term risk to each child based
502on available records, interviews, and observations with all
503persons named in paragraph (10)(a) and appropriate collateral
504contacts, which may include other professionals by conducting
505state and federal records checks, including, when feasible, the
506records of the Department of Corrections, on the parents, legal
507custodians, or caregivers, and any other persons in the same
508household. This information shall be used solely for purposes
509supporting the detection, apprehension, prosecution, pretrial
510release, posttrial release, or rehabilitation of criminal
511offenders or persons accused of the crimes of child abuse,
512abandonment, or neglect and shall not be further disseminated or
513used for any other purpose. The department's child protection
514investigators are hereby designated a criminal justice agency
515for the purpose of accessing criminal justice information to be
516used for enforcing this state's laws concerning the crimes of
517child abuse, abandonment, and neglect. This information shall be
518used solely for purposes supporting the detection, apprehension,
519prosecution, pretrial release, posttrial release, or
520rehabilitation of criminal offenders or persons accused of the
521crimes of child abuse, abandonment, or neglect and may not be
522further disseminated or used for any other purpose.
523     6.4.  Document the present and impending dangers Determine
524the immediate and long-term risk to each child based on the
525identification of inadequate protective capacity through
526utilization of a standardized safety risk assessment instrument
528     (b)  Upon completion of the immediate safety assessment,
529the department shall determine the additional activities
530necessary to assess impending dangers, if any, and close the
532     5.  Based on the information obtained from available
533sources, complete the risk assessment instrument within 48 hours
534after the initial contact and, if needed, develop a case plan.
535     (c)6.  For each report received from the central abuse
536hotline, the department or the sheriff providing child
537protective investigative services under s. 39.3065, shall
538determine the protective, treatment, and ameliorative services
539necessary to safeguard and ensure the child's safety and well-
540being and development, and cause the delivery of those services
541through the early intervention of the department or its agent.
542As applicable, The training provided to staff members who
543conduct child protective investigators investigations must
544inform parents and caregivers include instruction on how and
545when to use the injunction process under s. 39.504 or s. 741.30
546to remove a perpetrator of domestic violence from the home as an
547intervention to protect the child.
548     1.  If the department or the sheriff providing child
549protective investigative services determines that the interests
550of the child and the public will be best served by providing the
551child care or other treatment voluntarily accepted by the child
552and the parents or legal custodians, the parent or legal
553custodian and child may be referred for such care, case
554management, or other community resources.
555     2.  If the department or the sheriff providing child
556protective investigative services determines that the child is
557in need of protection and supervision, the department may file a
558petition for dependency.
559     3.  If a petition for dependency is not being filed by the
560department, the person or agency originating the report shall be
561advised of the right to file a petition pursuant to this part.
562     (c)  The determination that a report requires an
563investigation as provided in this subsection and does not
564require an enhanced onsite child protective investigation
565pursuant to subsection (11) must be approved in writing by the
566supervisor with documentation specifying why additional
567investigative activities are not necessary.
568     (d)  A report that meets the criteria specified in this
569subsection is not precluded from further investigative
570activities. At any time it is determined that additional
571investigative activities are necessary for the safety of the
572child, such activities shall be conducted.
573     (10)(11)(a)  The department's training program for staff
574responsible for responding to reports accepted by the central
575abuse hotline must also ensure that child protective responders:
576     1.  Know how to fully inform parents or legal custodians of
577their rights and options, including opportunities for audio or
578video recording of child protective responder interviews with
579parents or legal custodians or children.
580     2.  Know how and when to use the injunction process under
581s. 39.504 or s. 741.30 to remove a perpetrator of domestic
582violence from the home as an intervention to protect the child.
583     (b)  To enhance the skills of individual staff members and
584to improve the region's and district's overall child protection
585system, the department's training program at the regional and
586district levels must include results of qualitative reviews of
587child protective investigation cases handled within the region
588or district in order to identify weaknesses as well as examples
589of effective interventions which occurred at each point in the
590case. For each report that meets one or more of the following
591criteria, the department shall perform an enhanced onsite child
592protective investigation:
593     1.  Any allegation that involves physical abuse, sexual
594abuse, domestic violence, substance abuse or substance exposure,
595medical neglect, a child younger than 3 years of age, or a child
596who is disabled or lacks communication skills.
597     2.  Any report that involves an individual who has been the
598subject of a prior report containing some indicators or verified
599findings of abuse, neglect, or abandonment.
600     3.  Any report that does not contain compelling evidence
601that the maltreatment did not occur.
602     4.  Any report that does not meet the criteria for an
603onsite child protective investigation as set forth in subsection
605     (b)  The enhanced onsite child protective investigation
606shall include, but is not limited to:
607     1.  A face-to-face interview with the child, other
608siblings, parents or legal custodians or caregivers, and other
609adults in the household;
610     2.  Collateral contacts;
611     3.  Contact with the reporter as required by rule;
612     4.  An onsite assessment of the child's residence in
613accordance with paragraph (10)(b); and
614     5.  An updated assessment.
615     (c)  For all reports received, detailed documentation is
616required for the investigative activities.
617     (11)(12)  The department shall incorporate into its quality
618assurance program the monitoring of the determination of reports
619that receive a an onsite child protective investigation to
620determine the quality and timeliness of safety assessments,
621engagements with families, teamwork with other experts and
622professionals, and appropriate investigative activities that are
623uniquely tailored to the safety factors associated with each
624child and family and those that receive an enhanced onsite child
625protective investigation.
626     (12)(13)  If the department or its agent is denied
627reasonable access to a child by the parents, legal custodians,
628or caregivers and the department deems that the best interests
629of the child so require, it shall seek an appropriate court
630order or other legal authority before prior to examining and
631interviewing the child.
632     (13)(14)  Onsite visits and face-to-face interviews with
633the child or family shall be unannounced unless it is determined
634by the department or its agent or contract provider that such
635unannounced visit would threaten the safety of the child.
636     (14)(15)(a)  If the department or its agent determines that
637a child requires immediate or long-term protection through:
638     1.  Medical or other health care; or
639     2.  Homemaker care, day care, protective supervision, or
640other services to stabilize the home environment, including
641intensive family preservation services through the Intensive
642Crisis Counseling Program,
644such services shall first be offered for voluntary acceptance
645unless there are high-risk factors that may impact the ability
646of the parents or legal custodians to exercise judgment. Such
647factors may include the parents' or legal custodians' young age
648or history of substance abuse or domestic violence.
649     (b)  The parents or legal custodians shall be informed of
650the right to refuse services, as well as the responsibility of
651the department to protect the child regardless of the acceptance
652or refusal of services. If the services are refused, a
653collateral contact required under subparagraph (10)(b)2.
654(11)(b)2. shall include a relative, if the protective
655investigator has knowledge of and the ability to contact a
656relative. If the services are refused and the department deems
657that the child's need for protection so requires, the department
658shall take the child into protective custody or petition the
659court as provided in this chapter. At any time after the
660commencement of a protective investigation, a relative may
661submit in writing to the protective investigator or case manager
662a request to receive notification of all proceedings and
663hearings in accordance with s. 39.502. The request shall include
664the relative's name, address, and phone number and the
665relative's relationship to the child. The protective
666investigator or case manager shall forward such request to the
667attorney for the department. The failure to provide notice to
668either a relative who requests it pursuant to this subsection or
669to a relative who is providing out-of-home care for a child may
670shall not result in any previous action of the court at any
671stage or proceeding in dependency or termination of parental
672rights under any part of this chapter being set aside, reversed,
673modified, or in any way changed absent a finding by the court
674that a change is required in the child's best interests.
675     (c)  The department, in consultation with the judiciary,
676shall adopt by rule criteria that are factors requiring that the
677department take the child into custody, petition the court as
678provided in this chapter, or, if the child is not taken into
679custody or a petition is not filed with the court, conduct an
680administrative review. If after an administrative review the
681department determines not to take the child into custody or
682petition the court, the department shall document the reason for
683its decision in writing and include it in the investigative
684file. For all cases that were accepted by the local law
685enforcement agency for criminal investigation pursuant to
686subsection (2), the department must include in the file written
687documentation that the administrative review included input from
688law enforcement. In addition, for all cases that must be
689referred to child protection teams pursuant to s. 39.303(2) and
690(3), the file must include written documentation that the
691administrative review included the results of the team's
692evaluation. Factors that must be included in the development of
693the rule include noncompliance with the case plan developed by
694the department, or its agent, and the family under this chapter
695and prior abuse reports with findings that involve the child or
697     (15)(16)  When a child is taken into custody pursuant to
698this section, the authorized agent of the department shall
699request that the child's parent, caregiver, or legal custodian
700disclose the names, relationships, and addresses of all parents
701and prospective parents and all next of kin, so far as are
703     (16)(17)  The department shall complete its protective
704investigation within 60 days after receiving the initial report,
706     (a)  There is also an active, concurrent criminal
707investigation that is continuing beyond the 60-day period and
708the closure of the protective investigation may compromise
709successful criminal prosecution of the child abuse or neglect
710case, in which case the closure date shall coincide with the
711closure date of the criminal investigation and any resulting
712legal action.
713     (b)  In child death cases, the final report of the medical
714examiner is necessary for the department to close its
715investigation and the report has not been received within the
71660-day period, in which case the report closure date shall be
717extended to accommodate the report.
718     (c)  A child who is necessary to an investigation has been
719declared missing by the department, a law enforcement agency, or
720a court, in which case the 60-day period shall be extended until
721the child has been located or until sufficient information
722exists to close the investigation despite the unknown location
723of the child.
724     (17)(18)  Immediately upon learning during the course of an
725investigation that:
726     (a)  The immediate safety or well-being of a child is
728     (b)  The family is likely to flee;
729     (c)  A child died as a result of abuse, abandonment, or
731     (d)  A child is a victim of aggravated child abuse as
732defined in s. 827.03; or
733     (e)  A child is a victim of sexual battery or of sexual
736the department shall orally notify the jurisdictionally
737responsible state attorney, and county sheriff's office or local
738police department, and, within 3 working days, transmit a full
739written report to those agencies. The law enforcement agency
740shall review the report and determine whether a criminal
741investigation needs to be conducted and shall assume lead
742responsibility for all criminal fact-finding activities. A
743criminal investigation shall be coordinated, whenever possible,
744with the child protective investigation of the department. Any
745interested person who has information regarding an offense
746described in this subsection may forward a statement to the
747state attorney as to whether prosecution is warranted and
749     (18)(19)  In a child protective investigation or a criminal
750investigation, when the initial interview with the child is
751conducted at school, the department or the law enforcement
752agency may allow, notwithstanding the provisions of s.
75339.0132(4), a school staff member who is known by the child to
754be present during the initial interview if:
755     (a)  The department or law enforcement agency believes that
756the school staff member could enhance the success of the
757interview by his or her presence; and
758     (b)  The child requests or consents to the presence of the
759school staff member at the interview.
761School staff may be present only when authorized by this
762subsection. Information received during the interview or from
763any other source regarding the alleged abuse or neglect of the
764child is shall be confidential and exempt from the provisions of
765s. 119.07(1), except as otherwise provided by court order. A
766separate record of the investigation of the abuse, abandonment,
767or neglect may shall not be maintained by the school or school
768staff member. Violation of this subsection is constitutes a
769misdemeanor of the second degree, punishable as provided in s.
770775.082 or s. 775.083.
771     (19)(20)  When a law enforcement agency conducts a criminal
772investigation into allegations of child abuse, neglect, or
773abandonment, photographs documenting the abuse or neglect shall
774will be taken when appropriate.
775     (20)(21)  Within 15 days after the case is reported to him
776or her pursuant to this chapter, the state attorney shall report
777his or her findings to the department and shall include in such
778report a determination of whether or not prosecution is
779justified and appropriate in view of the circumstances of the
780specific case.
781     (22)  In order to enhance the skills of individual staff
782and to improve the district's overall child protection system,
783the department's training program at the district level must
784include periodic reviews of cases handled within the district in
785order to identify weaknesses as well as examples of effective
786interventions that occurred at each point in the case.
787     (21)(23)  When an investigation is closed and a person is
788not identified as a caregiver responsible for the abuse,
789neglect, or abandonment alleged in the report, the fact that the
790person is named in some capacity in the report may not be used
791in any way to adversely affect the interests of that person.
792This prohibition applies to any use of the information in
793employment screening, licensing, child placement, adoption, or
794any other decisions by a private adoption agency or a state
795agency or its contracted providers, except that a previous
796report may be used to determine whether a child is safe and what
797the known risk is to the child at any stage of a child
798protection proceeding.
799     (22)(24)  If, after having been notified of the requirement
800to report a change in residence or location of the child to the
801protective investigator, a parent or legal custodian causes the
802child to move, or allows the child to be moved, to a different
803residence or location, or if the child leaves the residence on
804his or her own accord and the parent or legal custodian does not
805notify the protective investigator of the move within 2 business
806days, the child may be considered to be a missing child for the
807purposes of filing a report with a law enforcement agency under
808s. 937.021.
809     Section 7.  Subsection (1) of section 39.302, Florida
810Statutes, is amended to read:
811     39.302  Protective investigations of institutional child
812abuse, abandonment, or neglect.-
813     (1)  The department shall conduct a child protective
814investigation of each report of institutional child abuse,
815abandonment, or neglect. Upon receipt of a report that alleges
816that an employee or agent of the department, or any other entity
817or person covered by s. 39.01(33) or (47), acting in an official
818capacity, has committed an act of child abuse, abandonment, or
819neglect, the department shall initiate a child protective
820investigation within the timeframe established under s.
82139.201(5) and orally notify the appropriate state attorney, law
822enforcement agency, and licensing agency, which shall
823immediately conduct a joint investigation, unless independent
824investigations are more feasible. When conducting investigations
825onsite or having face-to-face interviews with the child,
826investigation visits shall be unannounced unless it is
827determined by the department or its agent that unannounced
828visits threaten the safety of the child. If a facility is exempt
829from licensing, the department shall inform the owner or
830operator of the facility of the report. Each agency conducting a
831joint investigation is entitled to full access to the
832information gathered by the department in the course of the
833investigation. A protective investigation must include an
834interview with the child's parent or legal guardian an onsite
835visit of the child's place of residence. The department shall
836make a full written report to the state attorney within 3
837working days after making the oral report. A criminal
838investigation shall be coordinated, whenever possible, with the
839child protective investigation of the department. Any interested
840person who has information regarding the offenses described in
841this subsection may forward a statement to the state attorney as
842to whether prosecution is warranted and appropriate. Within 15
843days after the completion of the investigation, the state
844attorney shall report the findings to the department and shall
845include in the report a determination of whether or not
846prosecution is justified and appropriate in view of the
847circumstances of the specific case.
848     Section 8.  Subsection (2) of section 39.307, Florida
849Statutes, is amended to read:
850     39.307  Reports of child-on-child sexual abuse.-
851     (2)  The department, contracted sheriff's office providing
852protective investigation services, or contracted case management
853personnel responsible for providing services District staff, at
854a minimum, shall adhere to the following procedures:
855     (a)  The purpose of the response to a report alleging
856juvenile sexual abuse behavior shall be explained to the
858     1.  The purpose of the response shall be explained in a
859manner consistent with legislative purpose and intent provided
860in this chapter.
861     2.  The name and office telephone number of the person
862responding shall be provided to the caregiver of the alleged
863juvenile sexual offender or child who has exhibited
864inappropriate sexual behavior and the victim's caregiver.
865     3.  The possible consequences of the department's response,
866including outcomes and services, shall be explained to the
867caregiver of the alleged juvenile sexual offender or child who
868has exhibited inappropriate sexual behavior and the victim's
870     (b)  The caregiver of the alleged juvenile sexual offender
871or child who has exhibited inappropriate sexual behavior and the
872victim's caregiver shall be involved to the fullest extent
873possible in determining the nature of the sexual behavior
874concerns allegation and the nature of any problem or risk to
875other children.
876     (c)  The assessment of risk and the perceived treatment
877needs of the alleged juvenile sexual offender or child who has
878exhibited inappropriate sexual behavior, the victim, and
879respective caregivers shall be conducted by the district staff,
880the child protection team of the Department of Health, and other
881providers under contract with the department to provide services
882to the caregiver of the alleged offender, the victim, and the
883victim's caregiver.
884     (d)  The assessment shall be conducted in a manner that is
885sensitive to the social, economic, and cultural environment of
886the family.
887     (e)  If necessary, the child protection team of the
888Department of Health shall conduct a physical examination of the
889victim, which is sufficient to meet forensic requirements.
890     (f)  Based on the information obtained from the alleged
891juvenile sexual offender or child who has exhibited
892inappropriate sexual behavior, his or her caregiver, the victim,
893and the victim's caregiver, an assessment of service and
894treatment needs report must be completed within 7 days and, if
895needed, a case plan developed within 30 days.
896     (g)  The department shall classify the outcome of the
897report as follows:
898     1.  Report closed. Services were not offered because the
899department determined that there was no basis for intervention.
900     2.  Services accepted by alleged juvenile sexual offender.
901Services were offered to the alleged juvenile sexual offender or
902child who has exhibited inappropriate sexual behavior and
903accepted by the caregiver.
904     3.  Report closed. Services were offered to the alleged
905juvenile sexual offender or child who has exhibited
906inappropriate sexual behavior, but were rejected by the
908     4.  Notification to law enforcement. The risk to the
909victim's safety and well-being cannot be reduced by the
910provision of services or the caregiver rejected services, and
911notification of the alleged delinquent act or violation of law
912to the appropriate law enforcement agency was initiated.
913     5.  Services accepted by victim. Services were offered to
914the victim and accepted by the caregiver.
915     6.  Report closed. Services were offered to the victim but
916were rejected by the caregiver.
917     Section 9.  Section 39.504, Florida Statutes, is amended to
919     39.504  Injunction pending disposition of petition;
921     (1)  At any time after a protective investigation has been
922initiated pursuant to part III of this chapter, the court, upon
923the request of the department, a law enforcement officer, the
924state attorney, or other responsible person, or upon its own
925motion, may, if there is reasonable cause, issue an injunction
926to prevent any act of child abuse. Reasonable cause for the
927issuance of an injunction exists if there is evidence of child
928abuse or if there is a reasonable likelihood of such abuse
929occurring based upon a recent overt act or failure to act.
930     (2)  The petitioner seeking the injunction shall file a
931verified petition, or a petition along with an affidavit,
932setting forth the specific actions by the alleged offender from
933which the child must be protected and all remedies sought. Upon
934filing the petition, the court shall set a hearing to be held at
935the earliest possible time. Pending the hearing, the court may
936issue a temporary ex parte injunction, with verified pleadings
937or affidavits as evidence. The temporary ex parte injunction
938pending a hearing is effective for up to 15 days and the hearing
939must be held within that period unless continued for good cause
940shown, which may include obtaining service of process, in which
941case the temporary ex parte injunction shall be extended for the
942continuance period. The hearing may be held sooner if the
943alleged offender has received reasonable notice Notice shall be
944provided to the parties as set forth in the Florida Rules of
945Juvenile Procedure, unless the child is reported to be in
946imminent danger, in which case the court may issue an injunction
947immediately. A judge may issue an emergency injunction pursuant
948to this section without notice if the court is closed for the
949transaction of judicial business. If an immediate injunction is
950issued, the court must hold a hearing on the next day of
951judicial business to dissolve the injunction or to continue or
952modify it in accordance with this section.
953     (3)  Before the hearing, the alleged offender must be
954personally served with a copy of the petition, all other
955pleadings related to the petition, a notice of hearing, and, if
956one has been entered, the temporary injunction. Following the
957hearing, the court may enter a final injunction. The court may
958grant a continuance of the hearing at any time for good cause
959shown by any party. If a temporary injunction has been entered,
960it shall be continued during the continuance.
961     (4)(3)  If an injunction is issued under this section, the
962primary purpose of the injunction must be to protect and promote
963the best interests of the child, taking the preservation of the
964child's immediate family into consideration.
965     (a)  The injunction applies shall apply to the alleged or
966actual offender in a case of child abuse or acts of domestic
967violence. The conditions of the injunction shall be determined
968by the court, which conditions may include ordering the alleged
969or actual offender to:
970     1.  Refrain from further abuse or acts of domestic
972     2.  Participate in a specialized treatment program.
973     3.  Limit contact or communication with the child victim,
974other children in the home, or any other child.
975     4.  Refrain from contacting the child at home, school,
976work, or wherever the child may be found.
977     5.  Have limited or supervised visitation with the child.
978     6.  Pay temporary support for the child or other family
979members; the costs of medical, psychiatric, and psychological
980treatment for the child incurred as a result of the offenses;
981and similar costs for other family members.
982     6.7.  Vacate the home in which the child resides.
983     (b)  Upon proper pleading, the court may award the
984following relief in a temporary ex parte or final injunction If
985the intent of the injunction is to protect the child from
986domestic violence, the conditions may also include:
987     1.  Awarding the Exclusive use and possession of the
988dwelling to the caregiver or exclusion of excluding the alleged
989or actual offender from the residence of the caregiver.
990     2.  Awarding temporary custody of the child to the
992     2.3.  Establishing Temporary support for the child or other
993family members.
994     3.  The costs of medical, psychiatric, and psychological
995treatment for the child incurred due to the abuse, and similar
996costs for other family members.
998This paragraph does not preclude an the adult victim of domestic
999violence from seeking protection for himself or herself under s.
1001     (c)  The terms of the final injunction shall remain in
1002effect until modified or dissolved by the court. The petitioner,
1003respondent, or caregiver may move at any time to modify or
1004dissolve the injunction. Notice of hearing on the motion to
1005modify or dissolve the injunction must be provided to all
1006parties, including the department. The injunction is valid and
1007enforceable in all counties in the state.
1008     (5)(4)  Service of process on the respondent shall be
1009carried out pursuant to s. 741.30. The department shall deliver
1010a copy of any injunction issued pursuant to this section to the
1011protected party or to a parent, caregiver, or individual acting
1012in the place of a parent who is not the respondent. Law
1013enforcement officers may exercise their arrest powers as
1014provided in s. 901.15(6) to enforce the terms of the injunction.
1015     (6)(5)  Any person who fails to comply with an injunction
1016issued pursuant to this section commits a misdemeanor of the
1017first degree, punishable as provided in s. 775.082 or s.
1019     (7)  The person against whom an injunction is entered under
1020this section does not automatically become a party to a
1021subsequent dependency action concerning the same child unless he
1022or she was a party to the action in which the injunction was
1024     Section 10.  Paragraph (r) of subsection (2) of section
102539.521, Florida Statutes, is amended to read:
1026     39.521  Disposition hearings; powers of disposition.-
1027     (2)  The predisposition study must provide the court with
1028the following documented information:
1029     (r)  If the child has been removed from the home and will
1030be remaining with a relative, parent, or other adult approved by
1031the court, a home study report concerning the proposed placement
1032shall be included in the predisposition report. Before Prior to
1033recommending to the court any out-of-home placement for a child
1034other than placement in a licensed shelter or foster home, the
1035department shall conduct a study of the home of the proposed
1036legal custodians, which must include, at a minimum:
1037     1.  An interview with the proposed legal custodians to
1038assess their ongoing commitment and ability to care for the
1040     2.  Records checks through the State Automated Child
1041Welfare Information System (SACWIS) Florida Abuse Hotline
1042Information System (FAHIS), and local and statewide criminal and
1043juvenile records checks through the Department of Law
1044Enforcement, on all household members 12 years of age or older.
1045In addition, the fingerprints of any household members who are
104618 years of age or older may be submitted to the Department of
1047Law Enforcement for processing and forwarding to the Federal
1048Bureau of Investigation for state and national criminal history
1049information. The department has the discretion to request State
1050Automated Child Welfare Information System (SACWIS) and local,
1051statewide, and national criminal history checks and
1052fingerprinting of any other visitor to the home who is made
1053known to the department and any other persons made known to the
1054department who are frequent visitors in the home. Out-of-state
1055criminal records checks must be initiated for any individual
1056designated above who has resided in a state other than Florida
1057if provided that state's laws allow the release of these
1058records. The out-of-state criminal records must be filed with
1059the court within 5 days after receipt by the department or its
1061     3.  An assessment of the physical environment of the home.
1062     4.  A determination of the financial security of the
1063proposed legal custodians.
1064     5.  A determination of suitable child care arrangements if
1065the proposed legal custodians are employed outside of the home.
1066     6.  Documentation of counseling and information provided to
1067the proposed legal custodians regarding the dependency process
1068and possible outcomes.
1069     7.  Documentation that information regarding support
1070services available in the community has been provided to the
1071proposed legal custodians.
1073The department may shall not place the child or continue the
1074placement of the child in a home under shelter or
1075postdisposition placement if the results of the home study are
1076unfavorable, unless the court finds that this placement is in
1077the child's best interest.
1079Any other relevant and material evidence, including other
1080written or oral reports, may be received by the court in its
1081effort to determine the action to be taken with regard to the
1082child and may be relied upon to the extent of its probative
1083value, even though not competent in an adjudicatory hearing.
1084Except as otherwise specifically provided, nothing in this
1085section prohibits the publication of proceedings in a hearing.
1086     Section 11.  Subsection (2) and paragraph (b) of subsection
1087(4) of section 39.6011, Florida Statutes, are amended to read:
1088     39.6011  Case plan development.-
1089     (2)  The case plan must be written simply and clearly in
1090English and, if English is not the principal language of the
1091child's parent, to the extent possible in the parent's principal
1092language. Each case plan must contain:
1093     (a)  A description of the identified problem being
1094addressed, including the parent's behavior or acts resulting in
1095risk to the child and the reason for the intervention by the
1097     (b)  The permanency goal.
1098     (c)  If concurrent planning is being used, a description of
1099the permanency goal of reunification with the parent or legal
1100custodian in addition to a description of one of the remaining
1101permanency goals described in s. 39.01.
1102     1.  If a child has not been removed from a parent, but is
1103found to be dependent, even if adjudication of dependency is
1104withheld, the court may leave the child in the current placement
1105with maintaining and strengthening the placement as a permanency
1107     2.  If a child has been removed from a parent and is placed
1108with a parent from whom the child was not removed, the court may
1109leave the child in the placement with the parent from whom the
1110child was not removed with maintaining and strengthening the
1111placement as a permanency option.
1112     3.  If a child has been removed from a parent and is
1113subsequently reunified with that parent, the court may leave the
1114child with that parent with maintaining and strengthening the
1115placement as a permanency option.
1116     (d)  The date the compliance period expires. The case plan
1117must be limited to as short a period as possible for
1118accomplishing its provisions. The plan's compliance period
1119expires no later than 12 months after the date the child was
1120initially removed from the home, the child was adjudicated
1121dependent, or the date the case plan was accepted by the court,
1122whichever occurs first sooner.
1123     (e)  A written notice to the parent that failure of the
1124parent to substantially comply with the case plan may result in
1125the termination of parental rights, and that a material breach
1126of the case plan may result in the filing of a petition for
1127termination of parental rights sooner than the compliance period
1128set forth in the case plan.
1129     (4)  The case plan must describe:
1130     (b)  The responsibility of the case manager to forward a
1131relative's request to receive notification of all proceedings
1132and hearings submitted pursuant to s. 39.301(14)(b)
113339.301(15)(b) to the attorney for the department;
1134     Section 12.  Subsection (1) of section 39.621, Florida
1135Statutes, is amended to read:
1136     39.621  Permanency determination by the court.-
1137     (1)  Time is of the essence for permanency of children in
1138the dependency system. A permanency hearing must be held no
1139later than 12 months after the date the child was removed from
1140the home or within no later than 30 days after a court
1141determines that reasonable efforts to return a child to either
1142parent are not required, whichever occurs first. The purpose of
1143the permanency hearing is to determine when the child will
1144achieve the permanency goal or whether modifying the current
1145goal is in the best interest of the child. A permanency hearing
1146must be held at least every 12 months for any child who
1147continues to be supervised by receive supervision from the
1148department or awaits adoption.
1149     Section 13.  Paragraph (b) of subsection (3), subsection
1150(6), and paragraph (e) of subsection (10) of section 39.701,
1151Florida Statutes, are amended to read:
1152     39.701  Judicial review.-
1153     (3)
1154     (b)  If the citizen review panel recommends extending the
1155goal of reunification for any case plan beyond 12 months from
1156the date the child was removed from the home, or the case plan
1157was adopted, or the child was adjudicated dependent, whichever
1158date came first, the court must schedule a judicial review
1159hearing to be conducted by the court within 30 days after
1160receiving the recommendation from the citizen review panel.
1161     (6)  The attorney for the department shall notify a
1162relative who submits a request for notification of all
1163proceedings and hearings pursuant to s. 39.301(14)(b)
116439.301(15)(b). The notice shall include the date, time, and
1165location of the next judicial review hearing.
1166     (10)
1167     (e)  Within No later than 6 months after the date that the
1168child was placed in shelter care, the court shall conduct a
1169judicial review hearing to review the child's permanency goal as
1170identified in the case plan. At the hearing the court shall make
1171findings regarding the likelihood of the child's reunification
1172with the parent or legal custodian within 12 months after the
1173removal of the child from the home. If, at this hearing, the
1174court makes a written finding that it is not likely that the
1175child will be reunified with the parent or legal custodian
1176within 12 months after the child was removed from the home, the
1177department must file with the court, and serve on all parties, a
1178motion to amend the case plan under s. 39.6013 and declare that
1179it will use concurrent planning for the case plan. The
1180department must file the motion within no later than 10 business
1181days after receiving the written finding of the court. The
1182department must attach the proposed amended case plan to the
1183motion. If concurrent planning is already being used, the case
1184plan must document the efforts the department is taking to
1185complete the concurrent goal.
1186     Section 14.  Paragraph (a) of subsection (1) of section
118739.8055, Florida Statutes, is amended to read:
1188     39.8055  Requirement to file a petition to terminate
1189parental rights; exceptions.-
1190     (1)  The department shall file a petition to terminate
1191parental rights within 60 days after any of the following if:
1192     (a)  The At the time of the 12-month judicial review
1193hearing, a child is not returned to the physical custody of the
1194parents 12 months after the child was sheltered or adjudicated
1195dependent, whichever occurs first;
1196     Section 15.  Paragraphs (e) and (k) of subsection (1) and
1197subsection (2) of section 39.806, Florida Statutes, are amended
1198to read:
1199     39.806  Grounds for termination of parental rights.-
1200     (1)  Grounds for the termination of parental rights may be
1201established under any of the following circumstances:
1202     (e)  When a child has been adjudicated dependent, a case
1203plan has been filed with the court, and:
1204     1.  The child continues to be abused, neglected, or
1205abandoned by the parent or parents. The failure of the parent or
1206parents to substantially comply with the case plan for a period
1207of 12 9 months after an adjudication of the child as a dependent
1208child or the child's placement into shelter care, whichever
1209occurs first, constitutes evidence of continuing abuse, neglect,
1210or abandonment unless the failure to substantially comply with
1211the case plan was due to the parent's lack of financial
1212resources or to the failure of the department to make reasonable
1213efforts to reunify the parent and child. The 12-month 9-month
1214period begins to run only after the child's placement into
1215shelter care or the entry of a disposition order placing the
1216custody of the child with the department or a person other than
1217the parent and the court's approval of a case plan having the
1218goal of reunification with the parent, whichever occurs first;
1220     2.  The parent or parents have materially breached the case
1221plan. Time is of the essence for permanency of children in the
1222dependency system. In order to prove the parent or parents have
1223materially breached the case plan, the court must find by clear
1224and convincing evidence that the parent or parents are unlikely
1225or unable to substantially comply with the case plan before time
1226to comply with the case plan expires.
1227     (k)  A test administered at birth that indicated that the
1228child's blood, urine, or meconium contained any amount of
1229alcohol or a controlled substance or metabolites of such
1230substances, the presence of which was not the result of medical
1231treatment administered to the mother or the newborn infant, and
1232the biological mother of the child is the biological mother of
1233at least one other child who was adjudicated dependent after a
1234finding of harm to the child's health or welfare due to exposure
1235to a controlled substance or alcohol as defined in s.
123639.01(32)(g), after which the biological mother had the
1237opportunity to participate in substance abuse treatment.
1238     (2)  Reasonable efforts to preserve and reunify families
1239are not required if a court of competent jurisdiction has
1240determined that any of the events described in paragraphs
1241(1)(b)-(d) or (f)-(l) (1)(e)-(l) have occurred.
1242     Section 16.  Subsections (1) and (19) of section 39.502,
1243Florida Statutes, are amended to read:
1244     39.502  Notice, process, and service.-
1245     (1)  Unless parental rights have been terminated, all
1246parents must be notified of all proceedings or hearings
1247involving the child. Notice in cases involving shelter hearings
1248and hearings resulting from medical emergencies must be that
1249most likely to result in actual notice to the parents. In all
1250other dependency proceedings, notice must be provided in
1251accordance with subsections (4)-(9), except when a relative
1252requests notification pursuant to s. 39.301(14)(b)
125339.301(15)(b), in which case notice shall be provided pursuant
1254to subsection (19).
1255     (19)  In all proceedings and hearings under this chapter,
1256the attorney for the department shall notify, orally or in
1257writing, a relative requesting notification pursuant to s.
125839.301(14)(b) 39.301(15)(b) of the date, time, and location of
1259such proceedings and hearings, and notify the relative that he
1260or she has the right to attend all subsequent proceedings and
1261hearings, to submit reports to the court, and to speak to the
1262court regarding the child, if the relative so desires. The court
1263has the discretion to release the attorney for the department
1264from notifying a relative who requested notification pursuant to
1265s. 39.301(14)(b) 39.301(15)(b) if the relative's involvement is
1266determined to be impeding the dependency process or detrimental
1267to the child's well-being.
1268     Section 17.  Section 39.823, Florida Statutes, is amended
1269to read:
1270     39.823  Guardian advocates for drug dependent newborns.-The
1271Legislature finds that increasing numbers of drug dependent
1272children are born in this state. Because of the parents'
1273continued dependence upon drugs, the parents may temporarily
1274leave their child with a relative or other adult or may have
1275agreed to voluntary family services under s. 39.301(14)
127639.301(15). The relative or other adult may be left with a child
1277who is likely to require medical treatment but for whom they are
1278unable to obtain medical treatment. The purpose of this section
1279is to provide an expeditious method for such relatives or other
1280responsible adults to obtain a court order which allows them to
1281provide consent for medical treatment and otherwise advocate for
1282the needs of the child and to provide court review of such
1284     Section 18.  Paragraph (a) of subsection (1) of section
128539.828, Florida Statutes, is amended to read:
1286     39.828  Grounds for appointment of a guardian advocate.-
1287     (1)  The court shall appoint the person named in the
1288petition as a guardian advocate with all the powers and duties
1289specified in s. 39.829 for an initial term of 1 year upon a
1290finding that:
1291     (a)  The child named in the petition is or was a drug
1292dependent newborn as described in s. 39.01(32)(g);
1293     Section 19.  This act shall take effect July 1, 2012.

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