Florida Senate - 2013                                    SB 1468
       
       
       
       By Senator Lee
       
       
       
       
       24-00750D-13                                          20131468__
    1                        A bill to be entitled                      
    2         An act relating to the appointment of an attorney for
    3         a dependent child with disabilities; creating s.
    4         39.01305, F.S.; defining terms; providing legislative
    5         findings and intent; requiring an attorney to be
    6         appointed in writing; requiring that the appointment
    7         continues in effect until the attorney is permitted to
    8         withdraw or is discharged by the court or until the
    9         case is terminated; requiring that the attorney be
   10         adequately compensated for his or her service;
   11         providing a limitation; providing for a conditional
   12         implementation; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 39.01305, Florida Statutes, is created
   17  to read:
   18         39.01305 Appointment of an attorney for a dependent child
   19  with disabilities.—
   20         (1) As used in this section, the term “dependent child with
   21  a disability” means a medically dependent or technologically
   22  dependent child who because of a medical condition requires
   23  continuous therapeutic interventions or skilled nursing
   24  supervision and resides in a nursing home.
   25         (2)(a) The Legislature finds that all children in chapter
   26  39 proceedings have important interests at stake, such as
   27  health, safety, and well-being and the need to obtain
   28  permanency.
   29         (b) The Legislature also finds that dependent children who
   30  have certain disabilities have a particular need for an attorney
   31  to represent them in such proceedings, as well as in fair
   32  hearings and appellate proceedings, so that the attorney can
   33  address the medical and related needs and the services and
   34  supports necessary for these children to live successfully in
   35  the community.
   36         (c) It is the intent of the Legislature that an attorney be
   37  appointed by the court to represent each dependent child who has
   38  a disability and who has been placed in a skilled nursing
   39  facility, or is being considered for placement in a skilled
   40  nursing facility, solely because that facility can provide
   41  medical care as determined by a Children’s Multi-Disciplinary
   42  Assessment Team staffing.
   43         (3) An order appointing an attorney for a dependent child
   44  who has a disability must be in writing.
   45         (4) The appointment of an attorney for the dependent child
   46  continues in effect until the attorney is permitted to withdraw
   47  or is discharged by the court or until the case is dismissed. An
   48  attorney who is appointed to represent the child shall provide
   49  the complete range of legal services from removal from the home
   50  or initial appointment through all available appellate
   51  proceedings. With the permission of the court, the attorney for
   52  the dependent child may arrange for supplemental or separate
   53  counsel to handle proceedings at an appellate hearing.
   54         (5) The attorney must be adequately compensated and
   55  provided with access to funding for expert witnesses,
   56  depositions, and other costs of litigation.
   57         (6) This section does not negate the authority of the court
   58  to appoint an attorney for a dependent child in a proceeding
   59  under this chapter, limit a dependent child’s right to an
   60  attorney, or preclude an attorney from appearing on behalf of a
   61  dependent child.
   62         (7) Implementation of this section is subject to
   63  appropriations expressly provided for this purpose.
   64         Section 2. This act shall take effect July 1, 2013.