Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SPB 7018
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  10/22/2015           .                                

       The Committee on Children, Families, and Elder Affairs (Detert)
       recommended the following:
    1         Senate Amendment 
    3         Delete lines 276 - 373
    4  and insert:
    5         (b) Be developed in a face-to-face conference with the
    6  parent of the child, any court-appointed guardian ad litem, the
    7  child's attorney and, if appropriate, the temporary custodian of
    8  the child. The parent may receive assistance from any person or
    9  social service agency in preparing the case plan. The social
   10  service agency, the department, and the court, when applicable,
   11  shall inform the parent of the right to receive such assistance,
   12  including the right to assistance of counsel.
   13         (c) Be written simply and clearly in English and, if
   14  English is not the principal language of the child’s parent, in
   15  the parent’s principal language, to the extent practicable.
   16         (d) Describe a process for making available to all physical
   17  custodians and family services counselors the information
   18  required by s. 39.6012(2) and for ensuring that this information
   19  follows the child until permanency has been achieved.
   20         (e) Specify the period of time for which the case plan is
   21  applicable, which must be as short a period as possible for the
   22  parent to comply with the terms of the plan. The case plan’s
   23  compliance period expires no later than 12 months after the date
   24  the child was initially removed from the home, the date the
   25  child was adjudicated dependent, or the date the case plan was
   26  accepted by the court, whichever occurs first.
   27         (f) Be signed by all of the parties. Signing the case plan
   28  constitutes an acknowledgment by each of the parties that they
   29  have been involved in the development of the case plan and that
   30  they are in agreement as to the terms and conditions contained
   31  in the case plan. The refusal of a parent to sign the case plan
   32  does not preclude the court’s acceptance of the case plan if it
   33  is otherwise acceptable to the court. The parent’s signing of
   34  the case plan does not constitute an admission to any allegation
   35  of abuse, abandonment, or neglect and does not constitute
   36  consent to a finding of dependency or termination of parental
   37  rights. The department shall explain the provisions of the case
   38  plan to all persons involved in its implementation, before the
   39  signing of the plan.
   40         (3) PARTICIPATION BY THE CHILD.— It is important that the
   41  child be involved in all aspects of the case planning process,
   42  including development of the plan, as well as the opportunity to
   43  review, sign and receive a copy of the case plan. The child,
   44  when the child has attained 14 years of age or the child is
   45  otherwise at the appropriate age and capacity, shall:
   46         (a) Be included in the face-to-face conference to develop
   47  the plan under this section and have the opportunity to express
   48  a placement preference, and have the option to choose two
   49  members of the case planning team who are not a foster parent or
   50  caseworker for the child.
   51         (b) Sign the case plan, unless there is reason to waive the
   52  child’s signature.
   53         (c) Receive an explanation of the provisions of the case
   54  plan from the department.
   55         (d) Be provided a copy of the case plan:
   56         1. After the case plan has been agreed upon and signed; and
   57         2. Within 3 business days before the disposition hearing
   58  after jurisdiction attaches and the plan has been filed with the
   59  court.
   60         (e) The child shall not be included in any aspect of the
   61  case planning process when information will be revealed or
   62  discussed that the child should be informed of in a more
   63  therapeutic, less traumatic setting.
   64         (4) NOTICE TO PARENTS.—The case plan must document that
   65  each parent has been advised of the following by written notice:
   66         (a) That he or she may not be coerced or threatened with
   67  the loss of custody or parental rights for failing to admit the
   68  abuse, neglect, or abandonment of the child in the case plan.
   69  Participation in the development of a case plan is not an
   70  admission to any allegation of abuse, abandonment, or neglect,
   71  and does not constitute consent to a finding of dependency or
   72  termination of parental rights.
   73         (b) That the department must document a parent’s
   74  unwillingness or inability to participate in developing a case
   75  plan and must provide such documentation in writing to the
   76  parent when it becomes available for the court record. In such
   77  event, the department will prepare a case plan that, to the
   78  extent possible, conforms with the requirements of this section.
   79  The parent must also be advised that his or her unwillingness or
   80  inability to participate in developing a case plan does not
   81  preclude the filing of a petition for dependency or for
   82  termination of parental rights. If the parent is available, the
   83  department shall provide a copy of the case plan to the parent
   84  and advise him or her that, at any time before the filing of a
   85  petition for termination of parental rights, he or she may enter
   86  into a case plan and that he or she may request judicial review
   87  of any provision of the case plan with which he or she disagrees
   88  at any court hearing set for the child.
   89         (c) That his or her failure to substantially comply with
   90  the case plan may result in the termination of parental rights,
   91  and that a material breach of the case plan may result in the
   92  filing of a petition for termination of parental rights before
   93  the scheduled completion date.
   94         (5) DISTRIBUTION AND FILING WITH THE COURT.—The department
   95  shall adhere to the following procedural requirements in
   96  developing and distributing a case plan:
   97         (a) After the case plan has been agreed upon and signed by
   98  the parties, a copy of the case plan must immediately be given
   99  to the parties and to other persons as directed by the court.
  100         (b) In each case in which a child has been placed in out
  101  of-home care, a case plan must be prepared within 60 days after
  102  the department removes the child from the home and must be
  103  submitted to the court for review and approval before the
  104  disposition hearing.
  105         (c) After jurisdiction attaches, all case plans must be
  106  filed with the court, and a copy provided to all of the parties
  107  whose whereabouts are known not less than 3 business days before
  108  the disposition hearing. The department shall file with the
  109  court, and provide copies of such to all of the parties, all
  110  case plans prepared before jurisdiction of the court attached.
  111         (d) A case plan must be prepared, but need not be submitted
  112  to the court, for a child who will be in care for 30 days or
  113  less unless that child is placed in out-of-home care for a
  114  second time within a 12-month period.