Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1212
       
       
       
       
       
       
                                Ì545258BÎ545258                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/19/2016           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Flores) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 39.01305, Florida Statutes, is amended
    6  to read:
    7         39.01305 Appointment of an attorney for a dependent child
    8  with certain special needs.—
    9         (1)(a) The Legislature finds that:
   10         1. All children in proceedings under this chapter have
   11  important interests at stake, such as health, safety, and well
   12  being and the need to obtain permanency.
   13         2. A dependent child who has certain special needs has a
   14  particular need for an attorney to represent the dependent child
   15  in proceedings under this chapter, as well as in fair hearings
   16  and appellate proceedings, so that the attorney may address the
   17  child’s medical and related needs and the services and supports
   18  necessary for the child to live successfully in the community.
   19         (b) The Legislature recognizes the existence of
   20  organizations that provide attorney representation to children
   21  in certain jurisdictions throughout the state. Further, the
   22  statewide Guardian Ad Litem Program provides best interest
   23  representation for dependent children in every jurisdiction in
   24  accordance with state and federal law. The Legislature,
   25  therefore, does not intend that funding provided for
   26  representation under this section supplant proven and existing
   27  organizations representing children. Instead, the Legislature
   28  intends that funding provided for representation under this
   29  section be an additional resource for the representation of more
   30  children in these jurisdictions, to the extent necessary to meet
   31  the requirements of this chapter, with the cooperation of
   32  existing local organizations or through the expansion of those
   33  organizations. The Legislature encourages the expansion of pro
   34  bono representation for children. This section is not intended
   35  to limit the ability of a pro bono attorney to appear on behalf
   36  of a child.
   37         (2) As used in this section, the term “dependent child”
   38  means a child who is subject to any proceeding under this
   39  chapter. The term does not require that a child be adjudicated
   40  dependent for purposes of this section.
   41         (3) An attorney shall be appointed for a dependent child
   42  who:
   43         (a) Who resides in a skilled nursing facility or is being
   44  considered for placement in a skilled nursing home;
   45         (b) Who is prescribed a psychotropic medication and is
   46  under the age of 8 or who but declines assent to the
   47  psychotropic medication;
   48         (c) Who has a diagnosis of a developmental disability as
   49  defined in s. 393.063;
   50         (d) Who is being placed in a residential treatment center
   51  or is being considered for placement in a residential treatment
   52  center; or
   53         (e) Who is a victim of human trafficking as defined in s.
   54  787.06(2)(d); or
   55         (f)If the statewide Guardian Ad Litem Program certifies
   56  that it has a conflict of interest that precludes the program
   57  from providing the child with a guardian ad litem.
   58         (4)(a) Before a court may appoint an attorney, who may be
   59  compensated pursuant to this section, the court must request a
   60  recommendation from the Statewide Guardian Ad Litem Office for
   61  an attorney who is willing to represent a child without
   62  additional compensation. If such an attorney is available within
   63  15 days after the court’s request, the court must appoint that
   64  attorney. However, the court may appoint a compensated attorney
   65  within the 15-day period if the Statewide Guardian Ad Litem
   66  Office informs the court that it will not be able to recommend
   67  an attorney within that time period.
   68         (5)(b) After an attorney is appointed, the appointment
   69  continues in effect until the attorney is allowed to withdraw,
   70  the attorney or is discharged by the court, or until the case is
   71  dismissed. If an attorney withdraws or is discharged, substitute
   72  counsel shall be appointed by the court. An attorney who is
   73  appointed under this section to represent the child shall
   74  provide the complete range of legal services, from the removal
   75  from home or from the initial appointment through all available
   76  appellate proceedings. With the permission of the court, the
   77  attorney for the dependent child may arrange for supplemental or
   78  separate counsel to represent the child in appellate
   79  proceedings. A court order appointing an attorney under this
   80  section must be in writing.
   81         (6)(5)Unless Except if the attorney has agreed to provide
   82  pro bono services, an appointed attorney or organization must be
   83  adequately compensated. All appointed attorneys and
   84  organizations must be and provided with access to funding for
   85  expert witnesses, depositions, and other costs of litigation.
   86  Payment to an attorney is subject to appropriations and subject
   87  to review by the Justice Administrative Commission for
   88  reasonableness. The Justice Administrative Commission shall
   89  contract with attorneys appointed by the court. Attorney fees
   90  may not exceed $1,000 per child per year.
   91         (7)Appointed attorneys shall, on a quarterly basis, report
   92  to the Quality Counsel Program pursuant to s. 27.406 on the
   93  activities performed and results obtained on behalf of each
   94  dependent child to the extent that such information does not
   95  violate any applicable privilege. The form of the report shall
   96  be prescribed by the Justice Administrative Commission.
   97         (8)(6) The department shall develop procedures to identify
   98  a dependent child who has a special need specified under
   99  subsection (3) and to request that a court appoint an attorney
  100  for the child.
  101         (9)(7) The department may adopt rules to administer this
  102  section.
  103         (10)(8) This section does not limit the authority of the
  104  court to appoint an attorney for a dependent child in a
  105  proceeding under this chapter.
  106         (11)(9) Implementation of this section is subject to
  107  appropriations expressly made for that purpose.
  108         Section 2. Section 27.406, Florida Statutes, is created to
  109  read:
  110         27.406Quality Counsel Program.—
  111         (1)To ensure that dependent children receive quality
  112  representation under chapter 39, the Justice Administrative
  113  Commission shall contract with a nonprofit entity to establish
  114  the Quality Counsel Program.
  115         (2)The Quality Counsel Program must, at a minimum:
  116         (a)Create a quality improvement program using the
  117  information provided by appointed attorneys under s. 39.01305,
  118  including a review and analysis of the attorney’s advocacy.
  119         (b)Annually report to the Governor, the President of the
  120  Senate, the Speaker of the House of Representatives, the Justice
  121  Administrative Commission, the statewide Guardian Ad Litem
  122  Program, and the Office of the State Courts Administrator on the
  123  information provided by appointed attorneys under s. 39.01305,
  124  the results obtained on behalf of each dependent child, and
  125  recommendations to enhance the quality of dependent children’s
  126  representation.
  127         Section 3. The establishment of the Quality Counsel Program
  128  pursuant to s. 27.406, Florida Statutes, as created by this act,
  129  must be complete and the program must be fully operational by
  130  June 30, 2018.
  131         Section 4. This act shall take effect July 1, 2016.
  132  
  133  ================= T I T L E  A M E N D M E N T ================
  134  And the title is amended as follows:
  135         Delete everything before the enacting clause
  136  and insert:
  137                        A bill to be entitled                      
  138         An act relating to attorneys for dependent children;
  139         amending s. 39.01305, F.S.; revising requirements for
  140         a dependent child to be appointed an attorney;
  141         requiring that a court appoint an attorney for certain
  142         dependent children; requiring that the court appoint
  143         substitute counsel if an attorney withdraws or is
  144         discharged by the court; providing that all appointed
  145         attorneys and organizations are entitled to funding
  146         for litigation costs; requiring appointed attorneys to
  147         quarterly report certain information to the Quality
  148         Counsel Program; requiring the Justice Administrative
  149         Commission to prescribe the form of the report;
  150         creating s. 27.406, F.S.; requiring the Justice
  151         Administrative Commission to contract with a nonprofit
  152         entity to establish the Quality Counsel Program;
  153         requiring a quality improvement program; requiring an
  154         annual report; requiring the Quality Counsel Program
  155         to be established and fully operational by a specified
  156         date; providing an effective date.