Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 1121
       
       
       
       
       
       
                                Ì2265647Î226564                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/2R         .                                
             05/03/2017 02:07 PM       .                                
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       Senator Garcia moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (35) through (80) of section
    6  39.01, Florida Statutes, are redesignated as subsections (36)
    7  through (81), respectively, a new subsection (35) is added to
    8  that section, and subsections (10) and (32) and present
    9  subsections (49) and (52) of that section are amended, to read:
   10         39.01 Definitions.—When used in this chapter, unless the
   11  context otherwise requires:
   12         (10) “Caregiver” means the parent, legal custodian,
   13  permanent guardian, adult household member, or other person
   14  responsible for a child’s welfare as defined in subsection (48)
   15  (47).
   16         (32) “Institutional child abuse or neglect” means
   17  situations of known or suspected child abuse or neglect in which
   18  the person allegedly perpetrating the child abuse or neglect is
   19  an employee of a private school, public or private day care
   20  center, residential home, institution, facility, or agency or
   21  any other person at such institution responsible for the child’s
   22  care as defined in subsection (48) (47).
   23         (35) “Legal father” means a man married to the mother at
   24  the time of conception or birth of their child, unless paternity
   25  has been otherwise determined by a court of competent
   26  jurisdiction. If the mother was not married to a man at the time
   27  of birth or conception of the child, the term means a man named
   28  on the birth certificate of the child pursuant to s. 382.013(2),
   29  a man determined by a court order to be the father of the child,
   30  or a man determined to be the father of the child by the
   31  Department of Revenue as provided in s. 409.256.
   32         (50)(49) “Parent” means a woman who gives birth to a child
   33  and a man whose consent to the adoption of the child would be
   34  required under s. 63.062(1). The term parent” also means legal
   35  father as defined in this section. If a child has been legally
   36  adopted, the term “parent” means the adoptive mother or father
   37  of the child. For purposes of this chapter only, when the phrase
   38  “parent or legal custodian” is used, it refers to rights or
   39  responsibilities of the parent and, only if there is no living
   40  parent with intact parental rights, to the rights or
   41  responsibilities of the legal custodian who has assumed the role
   42  of the parent. The term does not include an individual whose
   43  parental relationship to the child has been legally terminated,
   44  or an alleged or prospective parent, unless:
   45         (a) The parental status falls within the terms of s.
   46  39.503(1) or s. 63.062(1); or
   47         (b) Parental status is applied for the purpose of
   48  determining whether the child has been abandoned.
   49         (53)(52) “Permanency goal” means the living arrangement
   50  identified for the child to return to or identified as the
   51  permanent living arrangement of the child. Permanency goals
   52  applicable under this chapter, listed in order of preference,
   53  are:
   54         (a) Reunification;
   55         (b) Adoption when a petition for termination of parental
   56  rights has been or will be filed;
   57         (c) Permanent guardianship of a dependent child under s.
   58  39.6221;
   59         (d) Permanent placement with a fit and willing relative
   60  under s. 39.6231; or
   61         (e) Placement in another planned permanent living
   62  arrangement under s. 39.6241.
   63  
   64  The permanency goal is also the case plan goal. If concurrent
   65  case planning is being used, reunification may be pursued at the
   66  same time that another permanency goal is pursued.
   67         Section 2. Subsection (2) of section 39.013, Florida
   68  Statutes, is amended to read:
   69         39.013 Procedures and jurisdiction; right to counsel.—
   70         (2) The circuit court has exclusive original jurisdiction
   71  of all proceedings under this chapter, of a child voluntarily
   72  placed with a licensed child-caring agency, a licensed child
   73  placing agency, or the department, and of the adoption of
   74  children whose parental rights have been terminated under this
   75  chapter. Jurisdiction attaches when the initial shelter
   76  petition, dependency petition, or termination of parental rights
   77  petition, or a petition for an injunction to prevent child abuse
   78  issued pursuant to s. 39.504, is filed or when a child is taken
   79  into the custody of the department. The circuit court may assume
   80  jurisdiction over any such proceeding regardless of whether the
   81  child was in the physical custody of both parents, was in the
   82  sole legal or physical custody of only one parent, caregiver, or
   83  some other person, or was not in the physical or legal custody
   84  of any person when the event or condition occurred that brought
   85  the child to the attention of the court. When the court obtains
   86  jurisdiction of any child who has been found to be dependent,
   87  the court shall retain jurisdiction, unless relinquished by its
   88  order, until the child reaches 21 years of age, or 22 years of
   89  age if the child has a disability, with the following
   90  exceptions:
   91         (a) If a young adult chooses to leave foster care upon
   92  reaching 18 years of age.
   93         (b) If a young adult does not meet the eligibility
   94  requirements to remain in foster care under s. 39.6251 or
   95  chooses to leave care under that section.
   96         (c) If a young adult petitions the court at any time before
   97  his or her 19th birthday requesting the court’s continued
   98  jurisdiction, the juvenile court may retain jurisdiction under
   99  this chapter for a period not to exceed 1 year following the
  100  young adult’s 18th birthday for the purpose of determining
  101  whether appropriate services that were required to be provided
  102  to the young adult before reaching 18 years of age have been
  103  provided.
  104         (d) If a petition for special immigrant juvenile status and
  105  an application for adjustment of status have been filed on
  106  behalf of a foster child and the petition and application have
  107  not been granted by the time the child reaches 18 years of age,
  108  the court may retain jurisdiction over the dependency case
  109  solely for the purpose of allowing the continued consideration
  110  of the petition and application by federal authorities. Review
  111  hearings for the child shall be set solely for the purpose of
  112  determining the status of the petition and application. The
  113  court’s jurisdiction terminates upon the final decision of the
  114  federal authorities. Retention of jurisdiction in this instance
  115  does not affect the services available to a young adult under s.
  116  409.1451. The court may not retain jurisdiction of the case
  117  after the immigrant child’s 22nd birthday.
  118         Section 3. Paragraphs (a), (d), and (e) of subsection (2)
  119  of section 39.202, Florida Statutes, are amended to read:
  120         39.202 Confidentiality of reports and records in cases of
  121  child abuse or neglect.—
  122         (2) Except as provided in subsection (4), access to such
  123  records, excluding the name of the reporter which shall be
  124  released only as provided in subsection (5), shall be granted
  125  only to the following persons, officials, and agencies:
  126         (a) Employees, authorized agents, or contract providers of
  127  the department, the Department of Health, the Agency for Persons
  128  with Disabilities, the Office of Early Learning, or county
  129  agencies responsible for carrying out:
  130         1. Child or adult protective investigations;
  131         2. Ongoing child or adult protective services;
  132         3. Early intervention and prevention services;
  133         4. Healthy Start services;
  134         5. Licensure or approval of adoptive homes, foster homes,
  135  child care facilities, facilities licensed under chapter 393,
  136  family day care homes, providers who receive school readiness
  137  funding under part VI of chapter 1002, or other homes used to
  138  provide for the care and welfare of children; or
  139         6.Employment screening for caregivers in residential group
  140  homes; or
  141         7.6. Services for victims of domestic violence when
  142  provided by certified domestic violence centers working at the
  143  department’s request as case consultants or with shared clients.
  144  
  145  Also, employees or agents of the Department of Juvenile Justice
  146  responsible for the provision of services to children, pursuant
  147  to chapters 984 and 985.
  148         (d) The parent or legal custodian of any child who is
  149  alleged to have been abused, abandoned, or neglected, and the
  150  child, and their attorneys, including any attorney representing
  151  a child in civil or criminal proceedings. This access shall be
  152  made available no later than 60 30 days after the department
  153  receives the initial report of abuse, neglect, or abandonment.
  154  However, any information otherwise made confidential or exempt
  155  by law shall not be released pursuant to this paragraph.
  156         (e) Any person alleged in the report as having caused the
  157  abuse, abandonment, or neglect of a child. This access shall be
  158  made available no later than 60 30 days after the department
  159  receives the initial report of abuse, abandonment, or neglect
  160  and, when the alleged perpetrator is not a parent, shall be
  161  limited to information involving the protective investigation
  162  only and shall not include any information relating to
  163  subsequent dependency proceedings. However, any information
  164  otherwise made confidential or exempt by law shall not be
  165  released pursuant to this paragraph.
  166         Section 4. Paragraph (a) of subsection (9) of section
  167  39.301, Florida Statutes, is amended, and subsection (23) is
  168  added to that section, to read:
  169         39.301 Initiation of protective investigations.—
  170         (9)(a) For each report received from the central abuse
  171  hotline and accepted for investigation, the department or the
  172  sheriff providing child protective investigative services under
  173  s. 39.3065, shall perform the following child protective
  174  investigation activities to determine child safety:
  175         1. Conduct a review of all relevant, available information
  176  specific to the child and family and alleged maltreatment;
  177  family child welfare history; local, state, and federal criminal
  178  records checks; and requests for law enforcement assistance
  179  provided by the abuse hotline. Based on a review of available
  180  information, including the allegations in the current report, a
  181  determination shall be made as to whether immediate consultation
  182  should occur with law enforcement, the child protection team, a
  183  domestic violence shelter or advocate, or a substance abuse or
  184  mental health professional. Such consultations should include
  185  discussion as to whether a joint response is necessary and
  186  feasible. A determination shall be made as to whether the person
  187  making the report should be contacted before the face-to-face
  188  interviews with the child and family members.
  189         2. Conduct face-to-face interviews with the child; other
  190  siblings, if any; and the parents, legal custodians, or
  191  caregivers.
  192         3. Assess the child’s residence, including a determination
  193  of the composition of the family and household, including the
  194  name, address, date of birth, social security number, sex, and
  195  race of each child named in the report; any siblings or other
  196  children in the same household or in the care of the same
  197  adults; the parents, legal custodians, or caregivers; and any
  198  other adults in the same household.
  199         4. Determine whether there is any indication that any child
  200  in the family or household has been abused, abandoned, or
  201  neglected; the nature and extent of present or prior injuries,
  202  abuse, or neglect, and any evidence thereof; and a determination
  203  as to the person or persons apparently responsible for the
  204  abuse, abandonment, or neglect, including the name, address,
  205  date of birth, social security number, sex, and race of each
  206  such person.
  207         5. Complete assessment of immediate child safety for each
  208  child based on available records, interviews, and observations
  209  with all persons named in subparagraph 2. and appropriate
  210  collateral contacts, which may include other professionals. The
  211  department’s child protection investigators are hereby
  212  designated a criminal justice agency for the purpose of
  213  accessing criminal justice information to be used for enforcing
  214  this state’s laws concerning the crimes of child abuse,
  215  abandonment, and neglect. This information shall be used solely
  216  for purposes supporting the detection, apprehension,
  217  prosecution, pretrial release, posttrial release, or
  218  rehabilitation of criminal offenders or persons accused of the
  219  crimes of child abuse, abandonment, or neglect and may not be
  220  further disseminated or used for any other purpose.
  221         6. Document the present and impending dangers to each child
  222  based on the identification of inadequate protective capacity
  223  through utilization of a standardized safety assessment
  224  instrument. If present or impending danger is identified, the
  225  child protective investigator must implement a safety plan or
  226  take the child into custody. If present danger is identified and
  227  the child is not removed, the child protective investigator
  228  shall create and implement a safety plan before leaving the home
  229  or the location where there is present danger. If impending
  230  danger is identified, the child protective investigator shall
  231  create and implement a safety plan as soon as necessary to
  232  protect the safety of the child. The child protective
  233  investigator may modify the safety plan if he or she identifies
  234  additional impending danger.
  235         a. If the child protective investigator implements a safety
  236  plan, the plan must be specific, sufficient, feasible, and
  237  sustainable in response to the realities of the present or
  238  impending danger. A safety plan may be an in-home plan or an
  239  out-of-home plan, or a combination of both. A safety plan may
  240  include tasks or responsibilities for a parent, caregiver, or
  241  legal custodian. However, a safety plan may not rely on
  242  promissory commitments by the parent, caregiver, or legal
  243  custodian who is currently not able to protect the child or on
  244  services that are not available or will not result in the safety
  245  of the child. A safety plan may not be implemented if for any
  246  reason the parents, guardian, or legal custodian lacks the
  247  capacity or ability to comply with the plan. If the department
  248  is not able to develop a plan that is specific, sufficient,
  249  feasible, and sustainable, the department shall file a shelter
  250  petition. A child protective investigator shall implement
  251  separate safety plans for the perpetrator of domestic violence,
  252  if the investigator, using reasonable efforts, can locate the
  253  perpetrator to implement a safety plan, and for the parent who
  254  is a victim of domestic violence as defined in s. 741.28.
  255  Reasonable efforts to locate a perpetrator include, but are not
  256  limited to, a diligent search pursuant to the same requirements
  257  as in s. 39.503. If the perpetrator of domestic violence is not
  258  the parent, guardian, or legal custodian of any child in the
  259  home and if the department does not intend to file a shelter
  260  petition or dependency petition that will assert allegations
  261  against the perpetrator as a parent of a the child in the home,
  262  the child protective investigator shall seek issuance of an
  263  injunction authorized by s. 39.504 to implement a safety plan
  264  for the perpetrator and impose any other conditions to protect
  265  the child. The safety plan for the parent who is a victim of
  266  domestic violence may not be shared with the perpetrator. If any
  267  party to a safety plan fails to comply with the safety plan
  268  resulting in the child being unsafe, the department shall file a
  269  shelter petition.
  270         b. The child protective investigator shall collaborate with
  271  the community-based care lead agency in the development of the
  272  safety plan as necessary to ensure that the safety plan is
  273  specific, sufficient, feasible, and sustainable. The child
  274  protective investigator shall identify services necessary for
  275  the successful implementation of the safety plan. The child
  276  protective investigator and the community-based care lead agency
  277  shall mobilize service resources to assist all parties in
  278  complying with the safety plan. The community-based care lead
  279  agency shall prioritize safety plan services to families who
  280  have multiple risk factors, including, but not limited to, two
  281  or more of the following:
  282         (I) The parent or legal custodian is of young age;
  283         (II) The parent or legal custodian, or an adult currently
  284  living in or frequently visiting the home, has a history of
  285  substance abuse, mental illness, or domestic violence;
  286         (III) The parent or legal custodian, or an adult currently
  287  living in or frequently visiting the home, has been previously
  288  found to have physically or sexually abused a child;
  289         (IV) The parent or legal custodian or an adult currently
  290  living in or frequently visiting the home has been the subject
  291  of multiple allegations by reputable reports of abuse or
  292  neglect;
  293         (V) The child is physically or developmentally disabled; or
  294         (VI) The child is 3 years of age or younger.
  295         c. The child protective investigator shall monitor the
  296  implementation of the plan to ensure the child’s safety until
  297  the case is transferred to the lead agency at which time the
  298  lead agency shall monitor the implementation.
  299         (23) If, at any time during a child protective
  300  investigation, a child is born into a family under investigation
  301  or a child moves into the home under investigation, the child
  302  protective investigator shall add the child to the investigation
  303  and assess the child’s safety pursuant to subsection (7) and
  304  paragraph (9)(a).
  305         Section 5. Subsections (1) and (7) of section 39.302,
  306  Florida Statutes, are amended to read:
  307         39.302 Protective investigations of institutional child
  308  abuse, abandonment, or neglect.—
  309         (1) The department shall conduct a child protective
  310  investigation of each report of institutional child abuse,
  311  abandonment, or neglect. Upon receipt of a report that alleges
  312  that an employee or agent of the department, or any other entity
  313  or person covered by s. 39.01(32) or (48) (47), acting in an
  314  official capacity, has committed an act of child abuse,
  315  abandonment, or neglect, the department shall initiate a child
  316  protective investigation within the timeframe established under
  317  s. 39.201(5) and notify the appropriate state attorney, law
  318  enforcement agency, and licensing agency, which shall
  319  immediately conduct a joint investigation, unless independent
  320  investigations are more feasible. When conducting investigations
  321  or having face-to-face interviews with the child, investigation
  322  visits shall be unannounced unless it is determined by the
  323  department or its agent that unannounced visits threaten the
  324  safety of the child. If a facility is exempt from licensing, the
  325  department shall inform the owner or operator of the facility of
  326  the report. Each agency conducting a joint investigation is
  327  entitled to full access to the information gathered by the
  328  department in the course of the investigation. A protective
  329  investigation must include an interview with the child’s parent
  330  or legal guardian. The department shall make a full written
  331  report to the state attorney within 3 working days after making
  332  the oral report. A criminal investigation shall be coordinated,
  333  whenever possible, with the child protective investigation of
  334  the department. Any interested person who has information
  335  regarding the offenses described in this subsection may forward
  336  a statement to the state attorney as to whether prosecution is
  337  warranted and appropriate. Within 15 days after the completion
  338  of the investigation, the state attorney shall report the
  339  findings to the department and shall include in the report a
  340  determination of whether or not prosecution is justified and
  341  appropriate in view of the circumstances of the specific case.
  342         (7) When an investigation of institutional abuse, neglect,
  343  or abandonment is closed and a person is not identified as a
  344  caregiver responsible for the abuse, neglect, or abandonment
  345  alleged in the report, the fact that the person is named in some
  346  capacity in the report may not be used in any way to adversely
  347  affect the interests of that person. This prohibition applies to
  348  any use of the information in employment screening, licensing,
  349  child placement, adoption, or any other decisions by a private
  350  adoption agency or a state agency or its contracted providers.
  351         (a)However, if such a person is a licensee of the
  352  department and is named in any capacity in three or more reports
  353  within a 5-year period, the department may review those reports
  354  and determine whether the information contained in the reports
  355  is relevant for purposes of determining whether the person’s
  356  license should be renewed or revoked. If the information is
  357  relevant to the decision to renew or revoke the license, the
  358  department may rely on the information contained in the report
  359  in making that decision.
  360         (b)Likewise, if a person is employed as a caregiver in a
  361  residential group home licensed pursuant to s. 409.175 and is
  362  named in any capacity in three or more reports within a 5-year
  363  period, the department may review all reports for the purposes
  364  of the employment screening required pursuant to s.
  365  409.145(2)(e).
  366         Section 6. Paragraph (c) of subsection (8) of section
  367  39.402, Florida Statutes, is amended to read:
  368         39.402 Placement in a shelter.—
  369         (8)
  370         (c) At the shelter hearing, the court shall:
  371         1. Appoint a guardian ad litem to represent the best
  372  interest of the child, unless the court finds that such
  373  representation is unnecessary;
  374         2. Inform the parents or legal custodians of their right to
  375  counsel to represent them at the shelter hearing and at each
  376  subsequent hearing or proceeding, and the right of the parents
  377  to appointed counsel, pursuant to the procedures set forth in s.
  378  39.013; and
  379         3. Give the parents or legal custodians an opportunity to
  380  be heard and to present evidence; and
  381         4.Inquire of those present at the shelter hearing as to
  382  the identity and location of the legal father. In determining
  383  who the legal father of the child may be, the court shall
  384  inquire under oath of those present at the shelter hearing
  385  whether they have any of the following information:
  386         a. Whether the mother of the child was married at the
  387  probable time of conception of the child or at the time of birth
  388  of the child.
  389         b. Whether the mother was cohabiting with a male at the
  390  probable time of conception of the child.
  391         c. Whether the mother has received payments or promises of
  392  support with respect to the child or because of her pregnancy
  393  from a man who claims to be the father.
  394         d. Whether the mother has named any man as the father on
  395  the birth certificate of the child or in connection with
  396  applying for or receiving public assistance.
  397         e. Whether any man has acknowledged or claimed paternity of
  398  the child in a jurisdiction in which the mother resided at the
  399  time of or since conception of the child or in which the child
  400  has resided or resides.
  401         f. Whether a man is named on the birth certificate of the
  402  child pursuant to s. 382.013(2).
  403         g. Whether a man has been determined by a court order to be
  404  the father of the child.
  405         h. Whether a man has been determined to be the father of
  406  the child by the Department of Revenue as provided in s.
  407  409.256.
  408         Section 7. Subsections (1), (6), and (8) of section 39.503,
  409  Florida Statutes, are amended, subsection (9) is added to that
  410  section, and subsection (7) of that section is republished, to
  411  read:
  412         39.503 Identity or location of parent unknown; special
  413  procedures.—
  414         (1) If the identity or location of a parent is unknown and
  415  a petition for dependency or shelter is filed, the court shall
  416  conduct under oath the following inquiry of the parent or legal
  417  custodian who is available, or, if no parent or legal custodian
  418  is available, of any relative or custodian of the child who is
  419  present at the hearing and likely to have any of the following
  420  information:
  421         (a) Whether the mother of the child was married at the
  422  probable time of conception of the child or at the time of birth
  423  of the child.
  424         (b) Whether the mother was cohabiting with a male at the
  425  probable time of conception of the child.
  426         (c) Whether the mother has received payments or promises of
  427  support with respect to the child or because of her pregnancy
  428  from a man who claims to be the father.
  429         (d) Whether the mother has named any man as the father on
  430  the birth certificate of the child or in connection with
  431  applying for or receiving public assistance.
  432         (e) Whether any man has acknowledged or claimed paternity
  433  of the child in a jurisdiction in which the mother resided at
  434  the time of or since conception of the child, or in which the
  435  child has resided or resides.
  436         (f) Whether a man is named on the birth certificate of the
  437  child pursuant to s. 382.013(2).
  438         (g) Whether a man has been determined by a court order to
  439  be the father of the child.
  440         (h) Whether a man has been determined to be the father of
  441  the child by the Department of Revenue as provided in s.
  442  409.256.
  443         (6) The diligent search required by subsection (5) must
  444  include, at a minimum, inquiries of all relatives of the parent
  445  or prospective parent made known to the petitioner, inquiries of
  446  all offices of program areas of the department likely to have
  447  information about the parent or prospective parent, inquiries of
  448  other state and federal agencies likely to have information
  449  about the parent or prospective parent, inquiries of appropriate
  450  utility and postal providers, a thorough search of at least one
  451  electronic database specifically designed for locating persons,
  452  a search of the Florida Putative Father Registry, and inquiries
  453  of appropriate law enforcement agencies. Pursuant to s. 453 of
  454  the Social Security Act, 42 U.S.C. s. 653(c)(4), the department,
  455  as the state agency administering Titles IV-B and IV-E of the
  456  act, shall be provided access to the federal and state parent
  457  locator service for diligent search activities.
  458         (7) Any agency contacted by a petitioner with a request for
  459  information pursuant to subsection (6) shall release the
  460  requested information to the petitioner without the necessity of
  461  a subpoena or court order.
  462         (8) If the inquiry and diligent search identifies a
  463  prospective parent, that person must be given the opportunity to
  464  become a party to the proceedings by completing a sworn
  465  affidavit of parenthood and filing it with the court or the
  466  department. A prospective parent who files a sworn affidavit of
  467  parenthood while the child is a dependent child but no later
  468  than at the time of or before prior to the adjudicatory hearing
  469  in any termination of parental rights proceeding for the child
  470  shall be considered a parent for all purposes under this section
  471  unless the other parent contests the determination of
  472  parenthood. If the known parent contests the recognition of the
  473  prospective parent as a parent, the prospective parent may shall
  474  not be recognized as a parent until proceedings to determine
  475  maternity or paternity under chapter 742 have been concluded.
  476  However, the prospective parent shall continue to receive notice
  477  of hearings as a participant pending results of the chapter 742
  478  proceedings to determine maternity or paternity.
  479         (9) If the diligent search under subsection (5) fails to
  480  identify and locate a parent or prospective parent, the court
  481  shall so find and may proceed without further notice.
  482         Section 8. Section 39.504, Florida Statutes, is amended to
  483  read:
  484         39.504 Injunction pending disposition of petition;
  485  penalty.—
  486         (1) At any time after a protective investigation has been
  487  initiated pursuant to part III of this chapter, the court, upon
  488  the request of the department, a law enforcement officer, the
  489  state attorney, or other responsible person, or upon its own
  490  motion, may, if there is reasonable cause, issue an injunction
  491  to prevent any act of child abuse. Reasonable cause for the
  492  issuance of an injunction exists if there is evidence of child
  493  abuse or if there is a reasonable likelihood of such abuse
  494  occurring based upon a recent overt act or failure to act. If
  495  there is a pending dependency proceeding regarding the child
  496  whom the injunction is sought to protect, the judge hearing the
  497  dependency proceeding must also hear the injunction proceeding
  498  regarding the child.
  499         (2) The petitioner seeking the injunction shall file a
  500  verified petition, or a petition along with an affidavit,
  501  setting forth the specific actions by the alleged offender from
  502  which the child must be protected and all remedies sought. Upon
  503  filing the petition, the court shall set a hearing to be held at
  504  the earliest possible time. Pending the hearing, the court may
  505  issue a temporary ex parte injunction, with verified pleadings
  506  or affidavits as evidence. The temporary ex parte injunction
  507  pending a hearing is effective for up to 15 days and the hearing
  508  must be held within that period unless continued for good cause
  509  shown, which may include obtaining service of process, in which
  510  case the temporary ex parte injunction shall be extended for the
  511  continuance period. The hearing may be held sooner if the
  512  alleged offender has received reasonable notice.
  513         (3) Before the hearing, the alleged offender must be
  514  personally served with a copy of the petition, all other
  515  pleadings related to the petition, a notice of hearing, and, if
  516  one has been entered, the temporary injunction. If the
  517  petitioner cannot locate the alleged offender for service after
  518  a diligent search pursuant to the same requirements as in s.
  519  39.503 and the filing of an affidavit of diligent search, the
  520  court may enter the injunction based on the sworn petition and
  521  any affidavits. At the hearing, the court may base its
  522  determination on a sworn petition, testimony, or an affidavit
  523  and may hear all relevant and material evidence, including oral
  524  and written reports, to the extent of its probative value even
  525  though it would not be competent evidence at an adjudicatory
  526  hearing. Following the hearing, the court may enter a final
  527  injunction. The court may grant a continuance of the hearing at
  528  any time for good cause shown by any party. If a temporary
  529  injunction has been entered, it shall be continued during the
  530  continuance.
  531         (4) If an injunction is issued under this section, the
  532  primary purpose of the injunction must be to protect and promote
  533  the best interests of the child, taking the preservation of the
  534  child’s immediate family into consideration.
  535         (a) The injunction applies to the alleged or actual
  536  offender in a case of child abuse or acts of domestic violence.
  537  The conditions of the injunction shall be determined by the
  538  court, which may include ordering the alleged or actual offender
  539  to:
  540         1. Refrain from further abuse or acts of domestic violence.
  541         2. Participate in a specialized treatment program.
  542         3. Limit contact or communication with the child victim,
  543  other children in the home, or any other child.
  544         4. Refrain from contacting the child at home, school, work,
  545  or wherever the child may be found.
  546         5. Have limited or supervised visitation with the child.
  547         6. Vacate the home in which the child resides.
  548         7. Comply with the terms of a safety plan implemented in
  549  the injunction pursuant to s. 39.301.
  550         (b) Upon proper pleading, the court may award the following
  551  relief in a temporary ex parte or final injunction:
  552         1. Exclusive use and possession of the dwelling to the
  553  caregiver or exclusion of the alleged or actual offender from
  554  the residence of the caregiver.
  555         2. Temporary support for the child or other family members.
  556         3. The costs of medical, psychiatric, and psychological
  557  treatment for the child incurred due to the abuse, and similar
  558  costs for other family members.
  559  
  560  This paragraph does not preclude an adult victim of domestic
  561  violence from seeking protection for himself or herself under s.
  562  741.30.
  563         (c) The terms of the final injunction shall remain in
  564  effect until modified or dissolved by the court. The petitioner,
  565  respondent, or caregiver may move at any time to modify or
  566  dissolve the injunction. Notice of hearing on the motion to
  567  modify or dissolve the injunction must be provided to all
  568  parties, including the department. The injunction is valid and
  569  enforceable in all counties in the state.
  570         (5) Service of process on the respondent shall be carried
  571  out pursuant to s. 741.30. The department shall deliver a copy
  572  of any injunction issued pursuant to this section to the
  573  protected party or to a parent, caregiver, or individual acting
  574  in the place of a parent who is not the respondent. Law
  575  enforcement officers may exercise their arrest powers as
  576  provided in s. 901.15(6) to enforce the terms of the injunction.
  577         (6) Any person who fails to comply with an injunction
  578  issued pursuant to this section commits a misdemeanor of the
  579  first degree, punishable as provided in s. 775.082 or s.
  580  775.083.
  581         (7) The person against whom an injunction is entered under
  582  this section does not automatically become a party to a
  583  subsequent dependency action concerning the same child.
  584         Section 9. Paragraph (b) of subsection (7) of section
  585  39.507, Florida Statutes, is amended to read:
  586         39.507 Adjudicatory hearings; orders of adjudication.—
  587         (7)
  588         (b) However, the court must determine whether each parent
  589  or legal custodian identified in the case abused, abandoned, or
  590  neglected the child or engaged in conduct that placed the child
  591  at substantial risk of imminent abuse, abandonment, or neglect
  592  in a subsequent evidentiary hearing. If a second parent is
  593  served and brought into the proceeding after the adjudication
  594  and if an the evidentiary hearing for the second parent is
  595  conducted subsequent to the adjudication of the child, the court
  596  shall supplement the adjudicatory order, disposition order, and
  597  the case plan, as necessary. The petitioner is not required to
  598  prove actual harm or actual abuse by the second parent in order
  599  for the court to make supplemental findings regarding the
  600  conduct of the second parent. The court is not required to
  601  conduct an evidentiary hearing for the second parent in order to
  602  supplement the adjudicatory order, the disposition order, and
  603  the case plan if the requirements of s. 39.506(3) or (5) are
  604  satisfied. With the exception of proceedings pursuant to s.
  605  39.811, the child’s dependency status may not be retried or
  606  readjudicated.
  607         Section 10. Paragraph (a) of subsection (2) of section
  608  39.5085, Florida Statutes, is amended to read:
  609         39.5085 Relative Caregiver Program.—
  610         (2)(a) The Department of Children and Families shall
  611  establish, and operate, and implement the Relative Caregiver
  612  Program pursuant to eligibility guidelines established in this
  613  section as further implemented by rule of the department. The
  614  Relative Caregiver Program shall, within the limits of available
  615  funding, provide financial assistance to:
  616         1. Relatives who are within the fifth degree by blood or
  617  marriage to the parent or stepparent of a child and who are
  618  caring full-time for that dependent child in the role of
  619  substitute parent as a result of a court’s determination of
  620  child abuse, neglect, or abandonment and subsequent placement
  621  with the relative under this chapter.
  622         2. Relatives who are within the fifth degree by blood or
  623  marriage to the parent or stepparent of a child and who are
  624  caring full-time for that dependent child, and a dependent half
  625  brother or half-sister of that dependent child, in the role of
  626  substitute parent as a result of a court’s determination of
  627  child abuse, neglect, or abandonment and subsequent placement
  628  with the relative under this chapter.
  629         3. Nonrelatives who are willing to assume custody and care
  630  of a dependent child in the role of substitute parent as a
  631  result of a court’s determination of child abuse, neglect, or
  632  abandonment and subsequent placement with the nonrelative
  633  caregiver under this chapter. The court must find that a
  634  proposed placement under this subparagraph is in the best
  635  interest of the child.
  636         4.A relative or nonrelative caregiver, but the relative or
  637  nonrelative caregiver may not receive a Relative Caregiver
  638  Program payment if the parent or stepparent of the child resides
  639  in the home. However, a relative or nonrelative may receive the
  640  Relative Caregiver Program payment for a minor parent who is in
  641  his or her care, as well as for the minor parent’s child, if
  642  both children have been adjudicated dependent and meet all other
  643  eligibility requirements. If the caregiver is currently
  644  receiving the payment, the Relative Caregiver Program payment
  645  must be terminated no later than the first of the following
  646  month after the parent or stepparent moves into the home,
  647  allowing for 10-day notice of adverse action.
  648  
  649  The placement may be court-ordered temporary legal custody to
  650  the relative or nonrelative under protective supervision of the
  651  department pursuant to s. 39.521(1)(c)3. s. 39.521(1)(b)3., or
  652  court-ordered placement in the home of a relative or nonrelative
  653  as a permanency option under s. 39.6221 or s. 39.6231 or under
  654  former s. 39.622 if the placement was made before July 1, 2006.
  655  The Relative Caregiver Program shall offer financial assistance
  656  to caregivers who would be unable to serve in that capacity
  657  without the caregiver payment because of financial burden, thus
  658  exposing the child to the trauma of placement in a shelter or in
  659  foster care.
  660         Section 11. Subsections (1), (2), (6), and (7) of section
  661  39.521, Florida Statutes, are amended to read:
  662         39.521 Disposition hearings; powers of disposition.—
  663         (1) A disposition hearing shall be conducted by the court,
  664  if the court finds that the facts alleged in the petition for
  665  dependency were proven in the adjudicatory hearing, or if the
  666  parents or legal custodians have consented to the finding of
  667  dependency or admitted the allegations in the petition, have
  668  failed to appear for the arraignment hearing after proper
  669  notice, or have not been located despite a diligent search
  670  having been conducted.
  671         (a) A written case plan and a family functioning assessment
  672  predisposition study prepared by an authorized agent of the
  673  department must be approved by filed with the court. The
  674  department must file the case plan and the family functioning
  675  assessment with the court, serve a copy of the case plan on,
  676  served upon the parents of the child, and provide a copy of the
  677  case plan provided to the representative of the guardian ad
  678  litem program, if the program has been appointed, and a copy
  679  provided to all other parties:
  680         1. Not less than 72 hours before the disposition hearing,
  681  if the disposition hearing occurs on or after the 60th day after
  682  the date the child was placed in out-of-home care. All such case
  683  plans must be approved by the court.
  684         2. Not less than 72 hours before the case plan acceptance
  685  hearing, if the disposition hearing occurs before the 60th day
  686  after the date the child was placed in out-of-home care and a
  687  case plan has not been submitted pursuant to this paragraph, or
  688  if the court does not approve the case plan at the disposition
  689  hearing. The case plan acceptance hearing must occur, the court
  690  must set a hearing within 30 days after the disposition hearing
  691  to review and approve the case plan.
  692         (b) The court may grant an exception to the requirement for
  693  a family functioning assessment predisposition study by separate
  694  order or within the judge’s order of disposition upon finding
  695  that all the family and child information required by subsection
  696  (2) is available in other documents filed with the court.
  697         (c)(b) When any child is adjudicated by a court to be
  698  dependent, the court having jurisdiction of the child has the
  699  power by order to:
  700         1. Require the parent and, when appropriate, the legal
  701  custodian and the child to participate in treatment and services
  702  identified as necessary. The court may require the person who
  703  has custody or who is requesting custody of the child to submit
  704  to a mental health or substance abuse disorder assessment or
  705  evaluation. The order may be made only upon good cause shown and
  706  pursuant to notice and procedural requirements provided under
  707  the Florida Rules of Juvenile Procedure. The mental health
  708  assessment or evaluation must be administered by a qualified
  709  professional as defined in s. 39.01, and the substance abuse
  710  assessment or evaluation must be administered by a qualified
  711  professional as defined in s. 397.311. The court may also
  712  require such person to participate in and comply with treatment
  713  and services identified as necessary, including, when
  714  appropriate and available, participation in and compliance with
  715  a mental health court program established under chapter 394 or a
  716  treatment-based drug court program established under s. 397.334.
  717  Adjudication of a child as dependent based upon evidence of harm
  718  as defined in s. 39.01(30)(g) demonstrates good cause, and the
  719  court shall require the parent whose actions caused the harm to
  720  submit to a substance abuse disorder assessment or evaluation
  721  and to participate and comply with treatment and services
  722  identified in the assessment or evaluation as being necessary.
  723  In addition to supervision by the department, the court,
  724  including the mental health court program or the treatment-based
  725  drug court program, may oversee the progress and compliance with
  726  treatment by a person who has custody or is requesting custody
  727  of the child. The court may impose appropriate available
  728  sanctions for noncompliance upon a person who has custody or is
  729  requesting custody of the child or make a finding of
  730  noncompliance for consideration in determining whether an
  731  alternative placement of the child is in the child’s best
  732  interests. Any order entered under this subparagraph may be made
  733  only upon good cause shown. This subparagraph does not authorize
  734  placement of a child with a person seeking custody of the child,
  735  other than the child’s parent or legal custodian, who requires
  736  mental health or substance abuse disorder treatment.
  737         2. Require, if the court deems necessary, the parties to
  738  participate in dependency mediation.
  739         3. Require placement of the child either under the
  740  protective supervision of an authorized agent of the department
  741  in the home of one or both of the child’s parents or in the home
  742  of a relative of the child or another adult approved by the
  743  court, or in the custody of the department. Protective
  744  supervision continues until the court terminates it or until the
  745  child reaches the age of 18, whichever date is first. Protective
  746  supervision shall be terminated by the court whenever the court
  747  determines that permanency has been achieved for the child,
  748  whether with a parent, another relative, or a legal custodian,
  749  and that protective supervision is no longer needed. The
  750  termination of supervision may be with or without retaining
  751  jurisdiction, at the court’s discretion, and shall in either
  752  case be considered a permanency option for the child. The order
  753  terminating supervision by the department must set forth the
  754  powers of the custodian of the child and include the powers
  755  ordinarily granted to a guardian of the person of a minor unless
  756  otherwise specified. Upon the court’s termination of supervision
  757  by the department, further judicial reviews are not required if
  758  permanency has been established for the child.
  759         (d)(c) At the conclusion of the disposition hearing, the
  760  court shall schedule the initial judicial review hearing which
  761  must be held no later than 90 days after the date of the
  762  disposition hearing or after the date of the hearing at which
  763  the court approves the case plan, whichever occurs earlier, but
  764  in no event shall the review hearing be held later than 6 months
  765  after the date of the child’s removal from the home.
  766         (e)(d) The court shall, in its written order of
  767  disposition, include all of the following:
  768         1. The placement or custody of the child.
  769         2. Special conditions of placement and visitation.
  770         3. Evaluation, counseling, treatment activities, and other
  771  actions to be taken by the parties, if ordered.
  772         4. The persons or entities responsible for supervising or
  773  monitoring services to the child and parent.
  774         5. Continuation or discharge of the guardian ad litem, as
  775  appropriate.
  776         6. The date, time, and location of the next scheduled
  777  review hearing, which must occur within the earlier of:
  778         a. Ninety days after the disposition hearing;
  779         b. Ninety days after the court accepts the case plan;
  780         c. Six months after the date of the last review hearing; or
  781         d. Six months after the date of the child’s removal from
  782  his or her home, if no review hearing has been held since the
  783  child’s removal from the home.
  784         7. If the child is in an out-of-home placement, child
  785  support to be paid by the parents, or the guardian of the
  786  child’s estate if possessed of assets which under law may be
  787  disbursed for the care, support, and maintenance of the child.
  788  The court may exercise jurisdiction over all child support
  789  matters, shall adjudicate the financial obligation, including
  790  health insurance, of the child’s parents or guardian, and shall
  791  enforce the financial obligation as provided in chapter 61. The
  792  state’s child support enforcement agency shall enforce child
  793  support orders under this section in the same manner as child
  794  support orders under chapter 61. Placement of the child shall
  795  not be contingent upon issuance of a support order.
  796         8.a. If the court does not commit the child to the
  797  temporary legal custody of an adult relative, legal custodian,
  798  or other adult approved by the court, the disposition order
  799  shall include the reasons for such a decision and shall include
  800  a determination as to whether diligent efforts were made by the
  801  department to locate an adult relative, legal custodian, or
  802  other adult willing to care for the child in order to present
  803  that placement option to the court instead of placement with the
  804  department.
  805         b. If no suitable relative is found and the child is placed
  806  with the department or a legal custodian or other adult approved
  807  by the court, both the department and the court shall consider
  808  transferring temporary legal custody to an adult relative
  809  approved by the court at a later date, but neither the
  810  department nor the court is obligated to so place the child if
  811  it is in the child’s best interest to remain in the current
  812  placement.
  813  
  814  For the purposes of this section, “diligent efforts to locate an
  815  adult relative” means a search similar to the diligent search
  816  for a parent, but without the continuing obligation to search
  817  after an initial adequate search is completed.
  818         9. Other requirements necessary to protect the health,
  819  safety, and well-being of the child, to preserve the stability
  820  of the child’s educational placement, and to promote family
  821  preservation or reunification whenever possible.
  822         (f)(e) If the court finds that an in-home safety plan
  823  prepared or approved by the department the prevention or
  824  reunification efforts of the department will allow the child to
  825  remain safely at home or that conditions for return have been
  826  met and an in-home safety plan prepared or approved by the
  827  department will allow the child to be safely returned to the
  828  home, the court shall allow the child to remain in or return to
  829  the home after making a specific finding of fact that the
  830  reasons for removal have been remedied to the extent that the
  831  child’s safety, well-being, and physical, mental, and emotional
  832  health will not be endangered.
  833         (g)(f) If the court places the child in an out-of-home
  834  placement, the disposition order must include a written
  835  determination that the child cannot safely remain at home with
  836  an in-home safety plan reunification or family preservation
  837  services and that removal of the child is necessary to protect
  838  the child. If the child is removed before the disposition
  839  hearing, the order must also include a written determination as
  840  to whether, after removal, the department made a reasonable
  841  effort to reunify the parent and child. Reasonable efforts to
  842  reunify are not required if the court finds that any of the acts
  843  listed in s. 39.806(1)(f)-(l) have occurred. The department has
  844  the burden of demonstrating that it made reasonable efforts.
  845         1. For the purposes of this paragraph, the term “reasonable
  846  effort” means the exercise of reasonable diligence and care by
  847  the department to provide the services ordered by the court or
  848  delineated in the case plan.
  849         2. In support of its determination as to whether reasonable
  850  efforts have been made, the court shall:
  851         a. Enter written findings as to whether an in-home safety
  852  plan could have prevented removal prevention or reunification
  853  efforts were indicated.
  854         b. If an in-home safety plan was prevention or
  855  reunification efforts were indicated, include a brief written
  856  description of what appropriate and available safety management
  857  services prevention and reunification efforts were initiated
  858  made.
  859         c. Indicate in writing why further efforts could or could
  860  not have prevented or shortened the separation of the parent and
  861  child.
  862         3. A court may find that the department made a reasonable
  863  effort to prevent or eliminate the need for removal if:
  864         a. The first contact of the department with the family
  865  occurs during an emergency;
  866         b. The department’s assessment appraisal by the department
  867  of the home situation indicates a substantial and immediate
  868  danger to the child’s safety or physical, mental, or emotional
  869  health which cannot be mitigated by the provision of safety
  870  management preventive services;
  871         c. The child cannot safely remain at home, because there
  872  are no safety management preventive services that can ensure the
  873  health and safety of the child or, even with appropriate and
  874  available services being provided, the health and safety of the
  875  child cannot be ensured; or
  876         d. The parent is alleged to have committed any of the acts
  877  listed as grounds for expedited termination of parental rights
  878  under s. 39.806(1)(f)-(l).
  879         4. A reasonable effort by the department for reunification
  880  has been made if the appraisal of the home situation by the
  881  department indicates that the severity of the conditions of
  882  dependency is such that reunification efforts are inappropriate.
  883  The department has the burden of demonstrating to the court that
  884  reunification efforts were inappropriate.
  885         5. If the court finds that the provision of safety
  886  management services by prevention or reunification effort of the
  887  department would not have permitted the child to remain safely
  888  at home, the court may commit the child to the temporary legal
  889  custody of the department or take any other action authorized by
  890  this chapter.
  891         (2) The family functioning assessment predisposition study
  892  must provide the court with the following documented
  893  information:
  894         (a) Evidence of maltreatment and the circumstances
  895  accompanying the maltreatment.
  896         (b) Identification of all danger threats active in the
  897  home.
  898         (c) An assessment of the adult functioning of the parents.
  899         (d) An assessment of the parents’ general parenting
  900  practices and the parents’ disciplinary approach and behavior
  901  management methods.
  902         (e) An assessment of the parents’ behavioral, emotional,
  903  and cognitive protective capacities.
  904         (f) An assessment of child functioning.
  905         (g) A safety analysis describing the capacity for an in
  906  home safety plan to control the conditions that result in the
  907  child being unsafe and the specific actions necessary to keep
  908  the child safe.
  909         (h) Identification of the conditions for return which would
  910  allow the child to be placed safely back into the home with an
  911  in-home safety plan and any safety management services necessary
  912  to ensure the child’s safety.
  913         (a) The capacity and disposition of the parents to provide
  914  the child with food, clothing, medical care, or other remedial
  915  care recognized and permitted under the laws of this state in
  916  lieu of medical care, and other material needs.
  917         (b) The length of time the child has lived in a stable,
  918  satisfactory environment and the desirability of maintaining
  919  continuity.
  920         (c) The mental and physical health of the parents.
  921         (d) The home, school, and community record of the child.
  922         (i)(e) The reasonable preference of the child, if the court
  923  deems the child to be of sufficient intelligence, understanding,
  924  and experience to express a preference.
  925         (f) Evidence of domestic violence or child abuse.
  926         (g) An assessment defining the dangers and risks of
  927  returning the child home, including a description of the changes
  928  in and resolutions to the initial risks.
  929         (h) A description of what risks are still present and what
  930  resources are available and will be provided for the protection
  931  and safety of the child.
  932         (i) A description of the benefits of returning the child
  933  home.
  934         (j) A description of all unresolved issues.
  935         (j)(k)Child welfare A Florida Abuse Hotline Information
  936  System (FAHIS) history from the department’s Statewide Automated
  937  Child Welfare Information System (SACWIS) and criminal records
  938  check for all caregivers, family members, and individuals
  939  residing within the household from which the child was removed.
  940         (k)(l) The complete report and recommendation of the child
  941  protection team of the Department of Health or, if no report
  942  exists, a statement reflecting that no report has been made.
  943         (l)(m) All opinions or recommendations from other
  944  professionals or agencies that provide evaluative, social,
  945  reunification, or other services to the parent and child.
  946         (m)(n) A listing of appropriate and available safety
  947  management prevention and reunification services for the parent
  948  and child to prevent the removal of the child from the home or
  949  to reunify the child with the parent after removal, including
  950  the availability of family preservation services and an
  951  explanation of the following:
  952         1. If the services were or were not provided.
  953         2. If the services were provided, the outcome of the
  954  services.
  955         3. If the services were not provided, why they were not
  956  provided.
  957         4. If the services are currently being provided and if they
  958  need to be continued.
  959         (o) A listing of other prevention and reunification
  960  services that were available but determined to be inappropriate
  961  and why.
  962         (p) Whether dependency mediation was provided.
  963         (n)(q) If the child has been removed from the home and
  964  there is a parent who may be considered for custody pursuant to
  965  this section, a recommendation as to whether placement of the
  966  child with that parent would be detrimental to the child.
  967         (o)(r) If the child has been removed from the home and will
  968  be remaining with a relative, parent, or other adult approved by
  969  the court, a home study report concerning the proposed placement
  970  shall be provided to the court included in the predisposition
  971  report. Before recommending to the court any out-of-home
  972  placement for a child other than placement in a licensed shelter
  973  or foster home, the department shall conduct a study of the home
  974  of the proposed legal custodians, which must include, at a
  975  minimum:
  976         1. An interview with the proposed legal custodians to
  977  assess their ongoing commitment and ability to care for the
  978  child.
  979         2. Records checks through the State Automated Child Welfare
  980  Information System (SACWIS), and local and statewide criminal
  981  and juvenile records checks through the Department of Law
  982  Enforcement, on all household members 12 years of age or older.
  983  In addition, the fingerprints of any household members who are
  984  18 years of age or older may be submitted to the Department of
  985  Law Enforcement for processing and forwarding to the Federal
  986  Bureau of Investigation for state and national criminal history
  987  information. The department has the discretion to request State
  988  Automated Child Welfare Information System (SACWIS) and local,
  989  statewide, and national criminal history checks and
  990  fingerprinting of any other visitor to the home who is made
  991  known to the department. Out-of-state criminal records checks
  992  must be initiated for any individual who has resided in a state
  993  other than Florida if that state’s laws allow the release of
  994  these records. The out-of-state criminal records must be filed
  995  with the court within 5 days after receipt by the department or
  996  its agent.
  997         3. An assessment of the physical environment of the home.
  998         4. A determination of the financial security of the
  999  proposed legal custodians.
 1000         5. A determination of suitable child care arrangements if
 1001  the proposed legal custodians are employed outside of the home.
 1002         6. Documentation of counseling and information provided to
 1003  the proposed legal custodians regarding the dependency process
 1004  and possible outcomes.
 1005         7. Documentation that information regarding support
 1006  services available in the community has been provided to the
 1007  proposed legal custodians.
 1008         8. The reasonable preference of the child, if the court
 1009  deems the child to be of sufficient intelligence, understanding,
 1010  and experience to express a preference.
 1011  
 1012  The department may not place the child or continue the placement
 1013  of the child in a home under shelter or postdisposition
 1014  placement if the results of the home study are unfavorable,
 1015  unless the court finds that this placement is in the child’s
 1016  best interest.
 1017         (p)(s) If the child has been removed from the home, a
 1018  determination of the amount of child support each parent will be
 1019  required to pay pursuant to s. 61.30.
 1020         (t) If placement of the child with anyone other than the
 1021  child’s parent is being considered, the predisposition study
 1022  shall include the designation of a specific length of time as to
 1023  when custody by the parent will be reconsidered.
 1024  
 1025  Any other relevant and material evidence, including other
 1026  written or oral reports, may be received by the court in its
 1027  effort to determine the action to be taken with regard to the
 1028  child and may be relied upon to the extent of its probative
 1029  value, even though not competent in an adjudicatory hearing.
 1030  Except as otherwise specifically provided, nothing in this
 1031  section prohibits the publication of proceedings in a hearing.
 1032         (6) With respect to a child who is the subject in
 1033  proceedings under this chapter, the court may issue to the
 1034  department an order to show cause why it should not return the
 1035  child to the custody of the parents upon the presentation of
 1036  evidence that the conditions for return of the child have been
 1037  met expiration of the case plan, or sooner if the parents have
 1038  substantially complied with the case plan.
 1039         (7) The court may enter an order ending its jurisdiction
 1040  over a child when a child has been returned to the parents,
 1041  provided the court shall not terminate its jurisdiction or the
 1042  department’s supervision over the child until 6 months after the
 1043  child’s return. The department shall supervise the placement of
 1044  the child after reunification for at least 6 months with each
 1045  parent or legal custodian from whom the child was removed. The
 1046  court shall determine whether its jurisdiction should be
 1047  continued or terminated in such a case based on a report of the
 1048  department or agency or the child’s guardian ad litem, and any
 1049  other relevant factors; if its jurisdiction is to be terminated,
 1050  the court shall enter an order to that effect.
 1051         Section 12. Subsections (2) and (3) of section 39.522,
 1052  Florida Statutes, are amended to read:
 1053         39.522 Postdisposition change of custody.—The court may
 1054  change the temporary legal custody or the conditions of
 1055  protective supervision at a postdisposition hearing, without the
 1056  necessity of another adjudicatory hearing.
 1057         (2) In cases where the issue before the court is whether a
 1058  child should be reunited with a parent, the court shall review
 1059  the conditions for return and determine whether the
 1060  circumstances that caused the out-of-home placement and issues
 1061  subsequently identified have been remedied parent has
 1062  substantially complied with the terms of the case plan to the
 1063  extent that the return of the child to the home with an in-home
 1064  safety plan prepared or approved by the department will not be
 1065  detrimental to the child’s safety, well-being, and physical,
 1066  mental, and emotional health of the child is not endangered by
 1067  the return of the child to the home.
 1068         (3) In cases where the issue before the court is whether a
 1069  child who is placed in the custody of a parent should be
 1070  reunited with the other parent upon a finding that the
 1071  circumstances that caused the out-of-home placement and issues
 1072  subsequently identified have been remedied to the extent that
 1073  the return of the child to the home of the other parent with an
 1074  in-home safety plan prepared or approved by the department will
 1075  not be detrimental to the child of substantial compliance with
 1076  the terms of the case plan, the standard shall be that the
 1077  safety, well-being, and physical, mental, and emotional health
 1078  of the child would not be endangered by reunification and that
 1079  reunification would be in the best interest of the child.
 1080         Section 13. Effective January 1, 2018, section 39.523,
 1081  Florida Statutes, is amended to read:
 1082         (Substantial rewording of section. See
 1083         s. 39.523, F.S., for present text.)
 1084         39.523Placement in out-of-home care.—
 1085         (1)LEGISLATIVE FINDINGS AND INTENT.—
 1086         (a)The Legislature finds that it is a basic tenet of child
 1087  welfare practice and the law that a child be placed in the least
 1088  restrictive, most family-like setting available in close
 1089  proximity to the home of his or her parents which meets the
 1090  needs of the child, and that a child be placed in a permanent
 1091  home in a timely manner.
 1092         (b)The Legislature also finds that there is an association
 1093  between placements that do not meet the needs of the child and
 1094  adverse outcomes for the child, that mismatching placements to
 1095  children’s needs has been identified as a factor that negatively
 1096  impacts placement stability, and that identifying the right
 1097  placement for each child requires effective assessment.
 1098         (c)It is the intent of the Legislature that whenever a
 1099  child is unable to safely remain at home with a parent, the most
 1100  appropriate available out-of-home placement shall be chosen
 1101  after an assessment of the child’s needs and the availability of
 1102  caregivers qualified to meet the child’s needs.
 1103         (2)ASSESSMENT AND PLACEMENT.—When any child is removed
 1104  from a home and placed into out-of-home care, a comprehensive
 1105  placement assessment process shall be completed to determine the
 1106  level of care needed by the child and match the child with the
 1107  most appropriate placement.
 1108         (a)The community-based care lead agency or sub-contracted
 1109  agency with the responsibility for assessment and placement must
 1110  coordinate a multi-disciplinary team staffing with any available
 1111  individual currently involved with the child including, but not
 1112  limited to, a representative from the department and the case
 1113  manager for the child; a therapist, attorney ad-litem, guardian
 1114  ad litem, teachers, coaches, Children’s Medical Services; and
 1115  other community providers of services to the child or
 1116  stakeholders as applicable. The team may also include clergy,
 1117  relatives, and fictive kin if appropriate. Team participants
 1118  must gather data and information on the child which is known at
 1119  the time including, but not limited to:
 1120         1.Mental, medical, behavioral health, and medication
 1121  history;
 1122         2.Community ties and school placement;
 1123         3.Current placement decisions relating to any siblings;
 1124         4.Alleged type of abuse or neglect including sexual abuse
 1125  and trafficking history; and
 1126         5.The child’s age, maturity, strengths, hobbies or
 1127  activities, and the child’s preference for placement.
 1128         (b)The comprehensive placement assessment process may also
 1129  include the use of an assessment instrument or tool that is best
 1130  suited for the individual child.
 1131         (c)The most appropriate available out-of-home placement
 1132  shall be chosen after consideration by all members of the multi
 1133  disciplinary team of all of the information and data gathered,
 1134  including the results and recommendations of any evaluations
 1135  conducted.
 1136         (d)Placement decisions for each child in out-of-home
 1137  placement shall be reviewed as often as necessary to ensure
 1138  permanency for that child and address special issues related to
 1139  this population of children.
 1140         (e)The department, a sheriff’s office acting under s.
 1141  39.3065, a community-based care lead agency, or a case
 1142  management organization must document all placement assessments
 1143  and placement decisions in the Florida Safe Families Network.
 1144         (f)If it is determined during the comprehensive placement
 1145  assessment process that residential treatment as defined in s.
 1146  39.407 would be suitable for the child, the procedures in that
 1147  section must be followed.
 1148         (3) JUDICIAL REVIEW.—At each judicial review, the court
 1149  shall consider the results of the assessment, the placement
 1150  decision made for the child, and services provided to the child
 1151  as required under s. 39.701.
 1152         (4) DATA COLLECTION.—The department shall collect the
 1153  following information by community-based care lead agencies and
 1154  post it on the Department of Children and Families’ website. The
 1155  information is to be updated on January 1 and July 1 of each
 1156  year.
 1157         (a)The number of children placed with relatives and
 1158  nonrelatives, in family foster homes, and in residential group
 1159  care.
 1160         (b)An inventory of available services that are necessary
 1161  to maintain children in the least restrictive setting that meets
 1162  the needs of the child and a plan for filling any identified gap
 1163  in those services.
 1164         (c)The number of children who were placed based upon the
 1165  assessment.
 1166         (d)An inventory of existing placements for children by
 1167  type and by community-based care lead agency.
 1168         (e)The strategies being used by community-based care lead
 1169  agencies to recruit, train, and support an adequate number of
 1170  families to provide home-based family care.
 1171         (5) RULEMAKING.—The department may adopt rules to implement
 1172  this section.
 1173         Section 14. Subsection (1) of section 39.6011, Florida
 1174  Statutes, is amended to read:
 1175         39.6011 Case plan development.—
 1176         (1) The department shall prepare a draft of the case plan
 1177  for each child receiving services under this chapter. A parent
 1178  of a child may not be threatened or coerced with the loss of
 1179  custody or parental rights for failing to admit in the case plan
 1180  of abusing, neglecting, or abandoning a child. Participating in
 1181  the development of a case plan is not an admission to any
 1182  allegation of abuse, abandonment, or neglect, and it is not a
 1183  consent to a finding of dependency or termination of parental
 1184  rights. The case plan shall be developed subject to the
 1185  following requirements:
 1186         (a) The case plan must be developed in a face-to-face
 1187  conference with the parent of the child, any court-appointed
 1188  guardian ad litem, and, if appropriate, the child and the
 1189  temporary custodian of the child.
 1190         (b) Notwithstanding s. 39.202, the department may discuss
 1191  confidential information during the case planning conference in
 1192  the presence of individuals who participate in the conference.
 1193  All individuals who participate in the conference shall maintain
 1194  the confidentiality of all information shared during the case
 1195  planning conference.
 1196         (c)(b) The parent may receive assistance from any person or
 1197  social service agency in preparing the case plan. The social
 1198  service agency, the department, and the court, when applicable,
 1199  shall inform the parent of the right to receive such assistance,
 1200  including the right to assistance of counsel.
 1201         (d)(c) If a parent is unwilling or unable to participate in
 1202  developing a case plan, the department shall document that
 1203  unwillingness or inability to participate. The documentation
 1204  must be provided in writing to the parent when available for the
 1205  court record, and the department shall prepare a case plan
 1206  conforming as nearly as possible with the requirements set forth
 1207  in this section. The unwillingness or inability of the parent to
 1208  participate in developing a case plan does not preclude the
 1209  filing of a petition for dependency or for termination of
 1210  parental rights. The parent, if available, must be provided a
 1211  copy of the case plan and be advised that he or she may, at any
 1212  time before the filing of a petition for termination of parental
 1213  rights, enter into a case plan and that he or she may request
 1214  judicial review of any provision of the case plan with which he
 1215  or she disagrees at any court hearing set for the child.
 1216         Section 15. Subsection (1) of section 39.6012, Florida
 1217  Statutes, is amended to read:
 1218         39.6012 Case plan tasks; services.—
 1219         (1) The services to be provided to the parent and the tasks
 1220  that must be completed are subject to the following:
 1221         (a) The services described in the case plan must be
 1222  designed to improve the conditions in the home and aid in
 1223  maintaining the child in the home, facilitate the child’s safe
 1224  return to the home, ensure proper care of the child, or
 1225  facilitate the child’s permanent placement. The services offered
 1226  must be the least intrusive possible into the life of the parent
 1227  and child, must focus on clearly defined objectives, and must
 1228  provide the most efficient path to quick reunification or
 1229  permanent placement given the circumstances of the case and the
 1230  child’s need for safe and proper care.
 1231         (b) The case plan must describe each of the tasks with
 1232  which the parent must comply and the services to be provided to
 1233  the parent, specifically addressing the identified problem,
 1234  including:
 1235         1. The type of services or treatment.
 1236         2. The date the department will provide each service or
 1237  referral for the service if the service is being provided by the
 1238  department or its agent.
 1239         3. The date by which the parent must complete each task.
 1240         4. The frequency of services or treatment provided. The
 1241  frequency of the delivery of services or treatment provided
 1242  shall be determined by the professionals providing the services
 1243  or treatment on a case-by-case basis and adjusted according to
 1244  their best professional judgment.
 1245         5. The location of the delivery of the services.
 1246         6. The staff of the department or service provider
 1247  accountable for the services or treatment.
 1248         7. A description of the measurable objectives, including
 1249  the timeframes specified for achieving the objectives of the
 1250  case plan and addressing the identified problem.
 1251         (c)If there is evidence of harm as defined in s.
 1252  39.01(30)(g), the case plan must include as a required task for
 1253  the parent whose actions caused the harm that the parent submit
 1254  to a substance abuse disorder assessment or evaluation and
 1255  participate and comply with treatment and services identified in
 1256  the assessment or evaluation as being necessary.
 1257         Section 16. Subsection (4) of section 39.6035, Florida
 1258  Statutes, is amended to read:
 1259         39.6035 Transition plan.—
 1260         (4) If a child is planning to leave care upon reaching 18
 1261  years of age, The transition plan must be approved by the court
 1262  before the child’s 18th birthday and must be attached to the
 1263  case plan and updated before each judicial review child leaves
 1264  care and the court terminates jurisdiction.
 1265         Section 17. Present subsections (2) through (11) of section
 1266  39.621, Florida Statutes, are redesignated as subsections (3)
 1267  through (12), respectively, and a new subsection (2) is added to
 1268  that section, to read:
 1269         39.621 Permanency determination by the court.—
 1270         (2) The permanency goal of maintaining and strengthening
 1271  the placement with a parent may be used in all of the following
 1272  circumstances:
 1273         (a) If a child has not been removed from a parent, even if
 1274  adjudication of dependency is withheld, the court may leave the
 1275  child in the current placement with maintaining and
 1276  strengthening the placement as a permanency option.
 1277         (b) If a child has been removed from a parent and is placed
 1278  with the parent from whom the child was not removed, the court
 1279  may leave the child in the placement with the parent from whom
 1280  the child was not removed with maintaining and strengthening the
 1281  placement as a permanency option.
 1282         (c) If a child has been removed from a parent and is
 1283  subsequently reunified with that parent, the court may leave the
 1284  child with that parent with maintaining and strengthening the
 1285  placement as a permanency option.
 1286         Section 18. Subsection (7) is added to section 39.6221,
 1287  Florida Statutes, to read:
 1288         39.6221 Permanent guardianship of a dependent child.—
 1289         (7)The requirements of s. 61.13001 do not apply to
 1290  permanent guardianships established under this section.
 1291         Section 19. Paragraph (h) is added to subsection (1) of
 1292  section 39.701, Florida Statutes, to read:
 1293         39.701 Judicial review.—
 1294         (1) GENERAL PROVISIONS.—
 1295         (h) If a child is born into a family that is under the
 1296  court’s jurisdiction or a child moves into a home that is under
 1297  the court’s jurisdiction, the department shall assess the
 1298  child’s safety and provide notice to the court.
 1299         1. The department shall complete an assessment to determine
 1300  how the addition of a child will impact family functioning. The
 1301  assessment must be completed at least 30 days before a child is
 1302  expected to be born or to move into a home, or within 72 hours
 1303  after the department learns of the pregnancy or addition if the
 1304  child is expected to be born or to move into the home in less
 1305  than 30 days. The assessment shall be filed with the court.
 1306         2. Once a child is born into a family or a child moves into
 1307  the home, the department shall complete a progress update and
 1308  file it with the court.
 1309         3. The court has the discretion to hold a hearing on the
 1310  progress update filed by the department.
 1311         Section 20. Subsection (3) of section 39.801, Florida
 1312  Statutes, is amended to read:
 1313         39.801 Procedures and jurisdiction; notice; service of
 1314  process.—
 1315         (3) Before the court may terminate parental rights, in
 1316  addition to the other requirements set forth in this part, the
 1317  following requirements must be met:
 1318         (a) Notice of the date, time, and place of the advisory
 1319  hearing for the petition to terminate parental rights and a copy
 1320  of the petition must be personally served upon the following
 1321  persons, specifically notifying them that a petition has been
 1322  filed:
 1323         1. The parents of the child.
 1324         2. The legal custodians of the child.
 1325         3. If the parents who would be entitled to notice are dead
 1326  or unknown, a living relative of the child, unless upon diligent
 1327  search and inquiry no such relative can be found.
 1328         4. Any person who has physical custody of the child.
 1329         5. Any grandparent entitled to priority for adoption under
 1330  s. 63.0425.
 1331         6. Any prospective parent who has been identified under s.
 1332  39.503 or s. 39.803, unless a court order has been entered
 1333  pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which
 1334  indicates no further notice is required. Except as otherwise
 1335  provided in this section, if there is not a legal father, notice
 1336  of the petition for termination of parental rights must be
 1337  provided to any known prospective father who is identified under
 1338  oath before the court or who is identified by a diligent search
 1339  of the Florida Putative Father Registry. Service of the notice
 1340  of the petition for termination of parental rights is not
 1341  required if the prospective father executes an affidavit of
 1342  nonpaternity or a consent to termination of his parental rights
 1343  which is accepted by the court after notice and opportunity to
 1344  be heard by all parties to address the best interests of the
 1345  child in accepting such affidavit.
 1346         7. The guardian ad litem for the child or the
 1347  representative of the guardian ad litem program, if the program
 1348  has been appointed.
 1349  
 1350  The document containing the notice to respond or appear must
 1351  contain, in type at least as large as the type in the balance of
 1352  the document, the following or substantially similar language:
 1353  “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING
 1354  CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF
 1355  THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND
 1356  TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE
 1357  CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS
 1358  NOTICE.”
 1359         (b) If a party required to be served with notice as
 1360  prescribed in paragraph (a) cannot be served, notice of hearings
 1361  must be given as prescribed by the rules of civil procedure, and
 1362  service of process must be made as specified by law or civil
 1363  actions.
 1364         (c) Notice as prescribed by this section may be waived, in
 1365  the discretion of the judge, with regard to any person to whom
 1366  notice must be given under this subsection if the person
 1367  executes, before two witnesses and a notary public or other
 1368  officer authorized to take acknowledgments, a written surrender
 1369  of the child to a licensed child-placing agency or the
 1370  department.
 1371         (d) If the person served with notice under this section
 1372  fails to personally appear at the advisory hearing, the failure
 1373  to personally appear shall constitute consent for termination of
 1374  parental rights by the person given notice. If a parent appears
 1375  for the advisory hearing and the court orders that parent to
 1376  personally appear at the adjudicatory hearing for the petition
 1377  for termination of parental rights, stating the date, time, and
 1378  location of said hearing, then failure of that parent to
 1379  personally appear at the adjudicatory hearing shall constitute
 1380  consent for termination of parental rights.
 1381         Section 21. Section 39.803, Florida Statutes, is amended to
 1382  read:
 1383         39.803 Identity or location of parent unknown after filing
 1384  of termination of parental rights petition; special procedures.—
 1385         (1) If the identity or location of a parent is unknown and
 1386  a petition for termination of parental rights is filed, the
 1387  court shall conduct under oath the following inquiry of the
 1388  parent who is available, or, if no parent is available, of any
 1389  relative, caregiver, or legal custodian of the child who is
 1390  present at the hearing and likely to have the information:
 1391         (a) Whether the mother of the child was married at the
 1392  probable time of conception of the child or at the time of birth
 1393  of the child.
 1394         (b) Whether the mother was cohabiting with a male at the
 1395  probable time of conception of the child.
 1396         (c) Whether the mother has received payments or promises of
 1397  support with respect to the child or because of her pregnancy
 1398  from a man who claims to be the father.
 1399         (d) Whether the mother has named any man as the father on
 1400  the birth certificate of the child or in connection with
 1401  applying for or receiving public assistance.
 1402         (e) Whether any man has acknowledged or claimed paternity
 1403  of the child in a jurisdiction in which the mother resided at
 1404  the time of or since conception of the child, or in which the
 1405  child has resided or resides.
 1406         (f) Whether a man is named on the birth certificate of the
 1407  child pursuant to s. 382.013(2).
 1408         (g) Whether a man has been determined by a court order to
 1409  be the father of the child.
 1410         (h) Whether a man has been determined to be the father of
 1411  the child by the Department of Revenue as provided in s.
 1412  409.256.
 1413         (2) The information required in subsection (1) may be
 1414  supplied to the court or the department in the form of a sworn
 1415  affidavit by a person having personal knowledge of the facts.
 1416         (3) If the inquiry under subsection (1) identifies any
 1417  person as a parent or prospective parent, the court shall
 1418  require notice of the hearing to be provided to that person.
 1419         (4) If the inquiry under subsection (1) fails to identify
 1420  any person as a parent or prospective parent, the court shall so
 1421  find and may proceed without further notice.
 1422         (5) If the inquiry under subsection (1) identifies a parent
 1423  or prospective parent, and that person’s location is unknown,
 1424  the court shall direct the petitioner to conduct a diligent
 1425  search for that person before scheduling an adjudicatory hearing
 1426  regarding the petition for termination of parental rights to the
 1427  child unless the court finds that the best interest of the child
 1428  requires proceeding without actual notice to the person whose
 1429  location is unknown.
 1430         (6) The diligent search required by subsection (5) must
 1431  include, at a minimum, inquiries of all known relatives of the
 1432  parent or prospective parent, inquiries of all offices of
 1433  program areas of the department likely to have information about
 1434  the parent or prospective parent, inquiries of other state and
 1435  federal agencies likely to have information about the parent or
 1436  prospective parent, inquiries of appropriate utility and postal
 1437  providers, a thorough search of at least one electronic database
 1438  specifically designed for locating persons, a search of the
 1439  Florida Putative Father Registry, and inquiries of appropriate
 1440  law enforcement agencies. Pursuant to s. 453 of the Social
 1441  Security Act, 42 U.S.C. s. 653(c)(4), the department, as the
 1442  state agency administering Titles IV-B and IV-E of the act,
 1443  shall be provided access to the federal and state parent locator
 1444  service for diligent search activities.
 1445         (7) Any agency contacted by petitioner with a request for
 1446  information pursuant to subsection (6) shall release the
 1447  requested information to the petitioner without the necessity of
 1448  a subpoena or court order.
 1449         (8) If the inquiry and diligent search identifies a
 1450  prospective parent, that person must be given the opportunity to
 1451  become a party to the proceedings by completing a sworn
 1452  affidavit of parenthood and filing it with the court or the
 1453  department. A prospective parent who files a sworn affidavit of
 1454  parenthood while the child is a dependent child but no later
 1455  than at the time of or before prior to the adjudicatory hearing
 1456  in the termination of parental rights proceeding for the child
 1457  shall be considered a parent for all purposes under this
 1458  section.
 1459         (9) If the diligent search under subsection (5) fails to
 1460  identify and locate a prospective parent, the court shall so
 1461  find and may proceed without further notice.
 1462         Section 22. Paragraph (l) of subsection (1) of section
 1463  39.806, Florida Statutes, is amended, and subsections (2) and
 1464  (3) of that section are republished, to read:
 1465         39.806 Grounds for termination of parental rights.—
 1466         (1) Grounds for the termination of parental rights may be
 1467  established under any of the following circumstances:
 1468         (l) On three or more occasions the child or another child
 1469  of the parent or parents has been placed in out-of-home care
 1470  pursuant to this chapter or the law of any state, territory, or
 1471  jurisdiction of the United States which is substantially similar
 1472  to this chapter, and the conditions that led to the child’s out
 1473  of-home placement were caused by the parent or parents.
 1474         (2) Reasonable efforts to preserve and reunify families are
 1475  not required if a court of competent jurisdiction has determined
 1476  that any of the events described in paragraphs (1)(b)-(d) or
 1477  paragraphs (1)(f)-(m) have occurred.
 1478         (3) If a petition for termination of parental rights is
 1479  filed under subsection (1), a separate petition for dependency
 1480  need not be filed and the department need not offer the parents
 1481  a case plan having a goal of reunification, but may instead file
 1482  with the court a case plan having a goal of termination of
 1483  parental rights to allow continuation of services until the
 1484  termination is granted or until further orders of the court are
 1485  issued.
 1486         Section 23. Subsection (6) of section 39.811, Florida
 1487  Statutes, is amended to read:
 1488         39.811 Powers of disposition; order of disposition.—
 1489         (6) The parental rights of one parent may be severed
 1490  without severing the parental rights of the other parent only
 1491  under the following circumstances:
 1492         (a) If the child has only one surviving parent;
 1493         (b) If the identity of a prospective parent has been
 1494  established as unknown after sworn testimony;
 1495         (c) If the parent whose rights are being terminated became
 1496  a parent through a single-parent adoption;
 1497         (d) If the protection of the child demands termination of
 1498  the rights of a single parent; or
 1499         (e) If the parent whose rights are being terminated meets
 1500  any of the criteria specified in s. 39.806(1)(c), (d), (f), (g),
 1501  (h), (i), (j), (k), (l), (m), or (n) and (f)-(m).
 1502         Section 24. Paragraph (b) of subsection (4) of section
 1503  125.901, Florida Statutes, is amended to read:
 1504         125.901 Children’s services; independent special district;
 1505  council; powers, duties, and functions; public records
 1506  exemption.—
 1507         (4)
 1508         (b)1.a. Notwithstanding paragraph (a), the governing body
 1509  of the county shall submit the question of retention or
 1510  dissolution of a district with voter-approved taxing authority
 1511  to the electorate in the general election according to the
 1512  following schedule:
 1513         (I) For a district in existence on July 1, 2010, and
 1514  serving a county with a population of 400,000 or fewer persons
 1515  as of that date............................................2014.
 1516         (II) For a district in existence on July 1, 2010, and
 1517  serving a county with a population of 2 million or more persons
 1518  as of that date, unless the governing body of the county has
 1519  previously submitted such question voluntarily to the electorate
 1520  for a second time since 2005,..............................2020.
 1521         b. A referendum by the electorate on or after July 1, 2010,
 1522  creating a new district with taxing authority may specify that
 1523  the district is not subject to reauthorization or may specify
 1524  the number of years for which the initial authorization shall
 1525  remain effective. If the referendum does not prescribe terms of
 1526  reauthorization, the governing body of the county shall submit
 1527  the question of retention or dissolution of the district to the
 1528  electorate in the general election 12 years after the initial
 1529  authorization.
 1530         2. The governing body of the district may specify, and
 1531  submit to the governing body of the county no later than 9
 1532  months before the scheduled election, that the district is not
 1533  subsequently subject to reauthorization or may specify the
 1534  number of years for which a reauthorization under this paragraph
 1535  shall remain effective. If the governing body of the district
 1536  makes such specification and submission, the governing body of
 1537  the county shall include that information in the question
 1538  submitted to the electorate. If the governing body of the
 1539  district does not specify and submit such information, the
 1540  governing body of the county shall resubmit the question of
 1541  reauthorization to the electorate every 12 years after the year
 1542  prescribed in subparagraph 1. The governing body of the district
 1543  may recommend to the governing body of the county language for
 1544  the question submitted to the electorate.
 1545         3. Nothing in this paragraph limits the authority to
 1546  dissolve a district as provided under paragraph (a).
 1547         4. Nothing in this paragraph precludes the governing body
 1548  of a district from requesting that the governing body of the
 1549  county submit the question of retention or dissolution of a
 1550  district with voter-approved taxing authority to the electorate
 1551  at a date earlier than the year prescribed in subparagraph 1. If
 1552  the governing body of the county accepts the request and submits
 1553  the question to the electorate, the governing body satisfies the
 1554  requirement of that subparagraph.
 1555  
 1556  If any district is dissolved pursuant to this subsection, each
 1557  county must first obligate itself to assume the debts,
 1558  liabilities, contracts, and outstanding obligations of the
 1559  district within the total millage available to the county
 1560  governing body for all county and municipal purposes as provided
 1561  for under s. 9, Art. VII of the State Constitution. Any district
 1562  may also be dissolved pursuant to part VII of chapter 189.
 1563         Section 25. Paragraphs (g) and (h) of subsection (2) of
 1564  section 394.463, Florida Statutes, are amended to read:
 1565         394.463 Involuntary examination.—
 1566         (2) INVOLUNTARY EXAMINATION.—
 1567         (g) The examination period must be for up to 72 hours. For
 1568  a minor, the examination shall be initiated within 12 hours
 1569  after the patient’s arrival at the facility. Within the 72-hour
 1570  examination period or, if the examination period 72 hours ends
 1571  on a weekend or holiday, no later than the next working day
 1572  thereafter, one of the following actions must be taken, based on
 1573  the individual needs of the patient:
 1574         1. The patient shall be released, unless he or she is
 1575  charged with a crime, in which case the patient shall be
 1576  returned to the custody of a law enforcement officer;
 1577         2. The patient shall be released, subject to the provisions
 1578  of subparagraph 1., for voluntary outpatient treatment;
 1579         3. The patient, unless he or she is charged with a crime,
 1580  shall be asked to give express and informed consent to placement
 1581  as a voluntary patient and, if such consent is given, the
 1582  patient shall be admitted as a voluntary patient; or
 1583         4. A petition for involuntary services shall be filed in
 1584  the circuit court if inpatient treatment is deemed necessary or
 1585  with the criminal county court, as defined in s. 394.4655(1), as
 1586  applicable. When inpatient treatment is deemed necessary, the
 1587  least restrictive treatment consistent with the optimum
 1588  improvement of the patient’s condition shall be made available.
 1589  When a petition is to be filed for involuntary outpatient
 1590  placement, it shall be filed by one of the petitioners specified
 1591  in s. 394.4655(4)(a). A petition for involuntary inpatient
 1592  placement shall be filed by the facility administrator.
 1593         (h) A person for whom an involuntary examination has been
 1594  initiated who is being evaluated or treated at a hospital for an
 1595  emergency medical condition specified in s. 395.002 must be
 1596  examined by a facility within the examination period specified
 1597  in paragraph (g) 72 hours. The examination 72-hour period begins
 1598  when the patient arrives at the hospital and ceases when the
 1599  attending physician documents that the patient has an emergency
 1600  medical condition. If the patient is examined at a hospital
 1601  providing emergency medical services by a professional qualified
 1602  to perform an involuntary examination and is found as a result
 1603  of that examination not to meet the criteria for involuntary
 1604  outpatient services pursuant to s. 394.4655(2) or involuntary
 1605  inpatient placement pursuant to s. 394.467(1), the patient may
 1606  be offered voluntary services or placement, if appropriate, or
 1607  released directly from the hospital providing emergency medical
 1608  services. The finding by the professional that the patient has
 1609  been examined and does not meet the criteria for involuntary
 1610  inpatient services or involuntary outpatient placement must be
 1611  entered into the patient’s clinical record. This paragraph is
 1612  not intended to prevent a hospital providing emergency medical
 1613  services from appropriately transferring a patient to another
 1614  hospital before stabilization if the requirements of s.
 1615  395.1041(3)(c) have been met.
 1616         Section 26. (1)There is created a task force within the
 1617  Department of Children and Families to address the issue of
 1618  involuntary examinations under s. 394.463, Florida Statutes, of
 1619  children age 17 years and younger. The task force shall, at a
 1620  minimum, analyze data on the initiation of involuntary
 1621  examinations of children, research the root causes of any trends
 1622  in such involuntary examinations, identify and evaluate options
 1623  for expediting examinations for children, and identify
 1624  recommendations for encouraging alternatives to and eliminating
 1625  inappropriate initiations of such examinations. The task force
 1626  shall submit a report of its findings to the Governor, the
 1627  President of the Senate, and the Speaker of the House of
 1628  Representatives on or before November 15, 2017.
 1629         (2) The Secretary of Children and Families or his or her
 1630  designee shall chair the task force, which shall consist of the
 1631  following members appointed by the secretary:
 1632         (a)The Commissioner of Education or his or her designee.
 1633         (b)A representative of the Florida Public Defender
 1634  Association.
 1635         (c)A representative of the Florida Association of District
 1636  School Superintendents.
 1637         (d)A representative of the Florida Sheriffs Association.
 1638         (e)A representative of the Florida Police Chiefs
 1639  Association.
 1640         (f)A representative of the Florida Council for Community
 1641  Mental Health.
 1642         (g)A representative of the Florida Alcohol and Drug Abuse
 1643  Association.
 1644         (h)A representative of the Behavioral Health Care Council
 1645  of the Florida Hospital Association.
 1646         (i)A representative of the Florida Psychiatric Society.
 1647         (j)A representative of the National Alliance on Mental
 1648  Illness.
 1649         (k)One individual who is a family member of a minor who
 1650  has been subject to an involuntary examination.
 1651         (l)Other members as deemed appropriate by the Secretary of
 1652  Children and Families.
 1653         (3)The department shall use existing and available
 1654  resources to administer and support the activities of the task
 1655  force. Members of the task force shall serve without
 1656  compensation and are not entitled to reimbursement for per diem
 1657  or travel expense. The task force may conduct its meetings by
 1658  teleconference.
 1659         (4)This section expires March 31, 2018.
 1660         Section 27. Paragraph (g) of subsection (4) of section
 1661  395.3025, Florida Statutes, is amended, and subsection (8) of
 1662  that section is republished, to read:
 1663         395.3025 Patient and personnel records; copies;
 1664  examination.—
 1665         (4) Patient records are confidential and must not be
 1666  disclosed without the consent of the patient or his or her legal
 1667  representative, but appropriate disclosure may be made without
 1668  such consent to:
 1669         (g) The Department of Children and Families, or its agent,
 1670  or its contracted entity, for the purpose of investigations of
 1671  or services for cases of abuse, neglect, or exploitation of
 1672  children or vulnerable adults.
 1673         (8) Patient records at hospitals and ambulatory surgical
 1674  centers are exempt from disclosure under s. 119.07(1), except as
 1675  provided by subsections (1)-(5).
 1676         Section 28. Subsections (2) and (6) of section 402.40,
 1677  Florida Statutes, are amended to read:
 1678         402.40 Child welfare training and certification.—
 1679         (2) DEFINITIONS.—As used in this section, the term:
 1680         (a) “Child welfare certification” means a professional
 1681  credential awarded by a department-approved third-party
 1682  credentialing entity to individuals demonstrating core
 1683  competency in any child welfare practice area.
 1684         (b) “Child welfare services” means any intake, protective
 1685  investigations, preprotective services, protective services,
 1686  foster care, shelter and group care, and adoption and related
 1687  services program, including supportive services and supervision
 1688  provided to children who are alleged to have been abused,
 1689  abandoned, or neglected or who are at risk of becoming, are
 1690  alleged to be, or have been found dependent pursuant to chapter
 1691  39.
 1692         (c)“Child welfare trainer” means any person providing
 1693  training for the purposes of child welfare professionals earning
 1694  certification.
 1695         (d)(c) “Core competency” means the minimum knowledge,
 1696  skills, and abilities necessary to carry out work
 1697  responsibilities.
 1698         (e)(d) “Person providing child welfare services” means a
 1699  person who has a responsibility for supervisory, direct care, or
 1700  support-related work in the provision of child welfare services
 1701  pursuant to chapter 39.
 1702         (f)(e) “Preservice curriculum” means the minimum statewide
 1703  training content based upon the core competencies which is made
 1704  available to all persons providing child welfare services.
 1705         (g)(f) “Third-party credentialing entity” means a
 1706  department-approved nonprofit organization that has met
 1707  nationally recognized standards for developing and administering
 1708  professional certification programs.
 1709         (6) ADOPTION OF RULES.—The Department of Children and
 1710  Families shall adopt rules necessary to carry out the provisions
 1711  of this section, including the requirements for child welfare
 1712  trainers.
 1713         Section 29. Section 409.16742, Florida Statutes, is created
 1714  to read:
 1715         409.16742 Shared family care residential services program
 1716  for substance-exposed newborns.—
 1717         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
 1718  that there is evidence that, with appropriate support and
 1719  training, some families can remain safely together without court
 1720  involvement or traumatic separations. Therefore, it is the
 1721  intent of the Legislature that alternative types of placement
 1722  options be available which provide both safety for substance
 1723  exposed newborns and an opportunity for parents recovering from
 1724  substance abuse disorders to achieve independence while living
 1725  together in a protective, nurturing family environment.
 1726         (2) ESTABLISHMENT OF PILOT PROGRAM.—The department shall
 1727  establish a shared family care residential services program to
 1728  serve substance-exposed newborns and their families through a
 1729  contract with the designated lead agency established in
 1730  accordance with s. 409.987 or with a private entity capable of
 1731  providing residential care that satisfies the requirements of
 1732  this section. The private entity or lead agency is responsible
 1733  for all programmatic functions necessary to carry out the intent
 1734  of this section. As used in this section, the term “shared
 1735  family care” means out-of-home care in which an entire family in
 1736  need is temporarily placed in the home of a family who is
 1737  trained to mentor and support the biological parents as they
 1738  develop the caring skills and supports necessary for independent
 1739  living.
 1740         (3) SERVICES.—The department shall specify services that
 1741  must be made available to newborns and their families through
 1742  the pilot program.
 1743         Section 30. Section 409.992, Florida Statutes, is amended
 1744  to read:
 1745         409.992 Lead agency expenditures.—
 1746         (1) The procurement of commodities or contractual services
 1747  by lead agencies shall be governed by the financial guidelines
 1748  developed by the department and must comply with applicable
 1749  state and federal law and follow good business practices.
 1750  Pursuant to s. 11.45, the Auditor General may provide technical
 1751  advice in the development of the financial guidelines.
 1752         (2) Notwithstanding any other provision of law, a
 1753  community-based care lead agency may make expenditures for staff
 1754  cellular telephone allowances, contracts requiring deferred
 1755  payments and maintenance agreements, security deposits for
 1756  office leases, related agency professional membership dues other
 1757  than personal professional membership dues, promotional
 1758  materials, and grant writing services. Expenditures for food and
 1759  refreshments, other than those provided to clients in the care
 1760  of the agency or to foster parents, adoptive parents, and
 1761  caseworkers during training sessions, are not allowable.
 1762         (3) Notwithstanding any other provision of law, a
 1763  community-based care lead agency administrative employee may not
 1764  receive a salary, whether base pay or base pay combined with any
 1765  bonus or incentive payments, in excess of 150 percent of the
 1766  annual salary paid to the secretary of the Department of
 1767  Children and Families from state-appropriated funds, including
 1768  state-appropriated federal funds. This subsection does not
 1769  prohibit any party from providing cash that is not from
 1770  appropriated state funds to a community-based care lead agency
 1771  administrative employee.
 1772         (4)(3) A lead community-based care agency and its
 1773  subcontractors are exempt from state travel policies as provided
 1774  in s. 112.061(3)(a) for their travel expenses incurred in order
 1775  to comply with the requirements of this section.
 1776         Section 31. Subsections (22) and (23) are added to section
 1777  409.996, Florida Statutes, to read
 1778         409.996 Duties of the Department of Children and Families.
 1779  The department shall contract for the delivery, administration,
 1780  or management of care for children in the child protection and
 1781  child welfare system. In doing so, the department retains
 1782  responsibility for the quality of contracted services and
 1783  programs and shall ensure that services are delivered in
 1784  accordance with applicable federal and state statutes and
 1785  regulations.
 1786         (22)The department shall develop, in collaboration with
 1787  the Florida Institute for Child Welfare, lead agencies, service
 1788  providers, current and former foster children placed in
 1789  residential group care, and other community stakeholders, a
 1790  statewide accountability system for residential group care
 1791  providers based on measureable quality standards.
 1792         (a) The accountability system must:
 1793         1. Promote high quality in services and accommodations,
 1794  differentiating between shift and family-style models and
 1795  programs and services for children with specialized or
 1796  extraordinary needs, such as pregnant teens and children with
 1797  Department of Juvenile Justice involvement.
 1798         2. Include a quality measurement system with domains and
 1799  clearly defined levels of quality. The system must measure the
 1800  level of quality for each domain, using criteria that
 1801  residential group care providers must meet in order to achieve
 1802  each level of quality. Domains may include, but are not limited
 1803  to, admissions, service planning, treatment planning, living
 1804  environment, and program and service requirements. The system
 1805  may also consider outcomes 6 months and 12 months after a child
 1806  leaves the provider’s care. However, the system may not assign a
 1807  single summary rating to residential group care providers.
 1808         3. Consider the level of availability of trauma-informed
 1809  care and mental health and physical health services, providers’
 1810  engagement with the schools children in their care attend, and
 1811  opportunities for children’s involvement in extracurricular
 1812  activities.
 1813         (b) After development and implementation of the
 1814  accountability system in accordance with paragraph (a), the
 1815  department and each lead agency shall use the information from
 1816  the accountability system to promote enhanced quality in
 1817  residential group care within their respective areas of
 1818  responsibility. Such promotion may include, but is not limited
 1819  to, the use of incentives and ongoing contract monitoring
 1820  efforts.
 1821         (c) The department shall submit a report to the Governor,
 1822  the President of the Senate, and the Speaker of the House of
 1823  Representatives by October 1 of each year, with the first report
 1824  due October 1, 2017. The report must, at a minimum, include an
 1825  update on the development of a statewide accountability system
 1826  for residential group care providers and a plan for department
 1827  oversight and implementation of the statewide accountability
 1828  system. After implementation of the statewide accountability
 1829  system, the report must also include a description of the
 1830  system, including measures and any tools developed, a
 1831  description of how the information is being used by the
 1832  department and lead agencies, an assessment of placement of
 1833  children in residential group care using data from the
 1834  accountability system measures, and recommendations to further
 1835  improve quality in residential group care.
 1836         (d) The accountability system must be implemented by July
 1837  1, 2022.
 1838         (e) Nothing in this subsection impairs the department’s
 1839  licensure authority under s. 409.175.
 1840         (f) The department may adopt rules to administer this
 1841  subsection.
 1842         (23)(a) The department, in collaboration with the Florida
 1843  Institute for Child Welfare, shall convene a workgroup on foster
 1844  home quality. The workgroup, at a minimum, shall identify
 1845  measures of foster home quality, review current efforts by lead
 1846  agencies and subcontractors to enhance foster home quality,
 1847  identify barriers to the greater availability of high-quality
 1848  foster homes, and recommend additional strategies for assessing
 1849  the quality of foster homes and increasing the availability of
 1850  high-quality foster homes.
 1851         (b) The workgroup shall include representatives from the
 1852  department, the Florida Institute for Child Welfare, foster
 1853  parents, current and former foster children, foster parent
 1854  organizations, lead agencies, child-placing agencies, other
 1855  service providers, and others as determined by the department.
 1856         (c) The Florida Institute for Child Welfare shall provide
 1857  the workgroup with relevant research on, at a minimum, measures
 1858  of quality of foster homes; evidence-supported strategies to
 1859  increase the availability of high-quality foster homes, such as
 1860  those regarding recruitment, screening, training, retention, and
 1861  child placement; descriptions and results of quality improvement
 1862  efforts in other jurisdictions; and the root causes of placement
 1863  disruption.
 1864         (d) The department shall submit a report to the Governor,
 1865  the President of the Senate, and the Speaker of the House of
 1866  Representatives by November 15, 2017. The report shall, at a
 1867  minimum:
 1868         1. Describe the important dimensions of quality for foster
 1869  homes;
 1870         2. Describe the foster home quality enhancement efforts in
 1871  the state, including, but not limited to, recruitment,
 1872  retention, placement procedures, systems change, and quality
 1873  measurement programs, and any positive or negative results;
 1874         3. Identify barriers to the greater availability of high
 1875  quality foster homes;
 1876         4. Discuss available research regarding high-quality foster
 1877  homes; and
 1878         5. Present a plan for developing and implementing
 1879  strategies to increase the availability of high-quality foster
 1880  homes. The strategies shall address important elements of
 1881  quality, be based on available research, include both
 1882  qualitative and quantitative measures of quality, integrate with
 1883  the community-based care model, and be respectful of the privacy
 1884  and needs of foster parents. The plan shall recommend possible
 1885  instruments and measures and identify any changes to general law
 1886  or rule necessary for implementation.
 1887         Section 32. Paragraph (a) of subsection (7) of section
 1888  456.057, Florida Statutes, is amended to read:
 1889         456.057 Ownership and control of patient records; report or
 1890  copies of records to be furnished; disclosure of information.—
 1891         (7)(a) Except as otherwise provided in this section and in
 1892  s. 440.13(4)(c), such records may not be furnished to, and the
 1893  medical condition of a patient may not be discussed with, any
 1894  person other than the patient, the patient’s legal
 1895  representative, or other health care practitioners and providers
 1896  involved in the patient’s care or treatment, except upon written
 1897  authorization from the patient. However, such records may be
 1898  furnished without written authorization under the following
 1899  circumstances:
 1900         1. To any person, firm, or corporation that has procured or
 1901  furnished such care or treatment with the patient’s consent.
 1902         2. When compulsory physical examination is made pursuant to
 1903  Rule 1.360, Florida Rules of Civil Procedure, in which case
 1904  copies of the medical records shall be furnished to both the
 1905  defendant and the plaintiff.
 1906         3. In any civil or criminal action, unless otherwise
 1907  prohibited by law, upon the issuance of a subpoena from a court
 1908  of competent jurisdiction and proper notice to the patient or
 1909  the patient’s legal representative by the party seeking such
 1910  records.
 1911         4. For statistical and scientific research, provided the
 1912  information is abstracted in such a way as to protect the
 1913  identity of the patient or provided written permission is
 1914  received from the patient or the patient’s legal representative.
 1915         5. To a regional poison control center for purposes of
 1916  treating a poison episode under evaluation, case management of
 1917  poison cases, or compliance with data collection and reporting
 1918  requirements of s. 395.1027 and the professional organization
 1919  that certifies poison control centers in accordance with federal
 1920  law.
 1921         6.To the Department of Children and Families, its agent,
 1922  or its contracted entity, for the purpose of investigations of
 1923  or services for cases of abuse, neglect, or exploitation of
 1924  children or vulnerable adults.
 1925         Section 33. Section 409.141, Florida Statutes, is repealed.
 1926         Section 34. Section 409.1677, Florida Statutes, is
 1927  repealed.
 1928         Section 35. Section 743.067, Florida Statutes, is amended
 1929  to read:
 1930         743.067 Certified unaccompanied homeless youths.—
 1931         (1) For purposes of this section, an “unaccompanied
 1932  homeless youth” is an individual who is 16 years of age or older
 1933  and is:
 1934         (a) Found by a school district’s liaison for homeless
 1935  children and youths to be an unaccompanied homeless youth
 1936  eligible for services pursuant to the McKinney-Vento Homeless
 1937  Assistance Act, 42 U.S.C. ss. 11431-11435; or
 1938         (b) Believed to qualify as an unaccompanied homeless youth,
 1939  as that term is defined in the McKinney-Vento Homeless
 1940  Assistance Act, by:
 1941         1. The director of an emergency shelter program funded by
 1942  the United States Department of Housing and Urban Development,
 1943  or the director’s designee;
 1944         2. The director of a runaway or homeless youth basic center
 1945  or transitional living program funded by the United States
 1946  Department of Health and Human Services, or the director’s
 1947  designee; or
 1948         3. A clinical social worker licensed under chapter 491; or
 1949         4. A circuit court.
 1950         3.A continuum of care lead agency, or its designee.
 1951         (2)(a)The State Office on Homelessness within the
 1952  Department of Children and Families shall develop a standardized
 1953  form that must be used by the entities specified in subsection
 1954  (1) to certify qualifying unaccompanied homeless youth. The
 1955  front of the form must include the circumstances that qualify
 1956  the youth; the date the youth was certified; and the name,
 1957  title, and signature of the certifying individual. This section
 1958  must be reproduced in its entirety on the back of the form A
 1959  minor who qualifies as an unaccompanied homeless youth shall be
 1960  issued a written certificate documenting his or her status by
 1961  the appropriate individual as provided in subsection (1). The
 1962  certificate shall be issued on the official letterhead
 1963  stationery of the person making the determination and shall
 1964  include the date of the finding, a citation to this section, and
 1965  the signature of the individual making the finding.
 1966         (b) A certified unaccompanied homeless youth may use the
 1967  completed form to apply at no charge for an identification card
 1968  issued by the Department of Highway Safety and Motor Vehicles
 1969  pursuant to s. 322.051(9).
 1970         (c) A health care provider may accept the written
 1971  certificate as proof of the minor’s status as a certified an
 1972  unaccompanied homeless youth and may keep a copy of the
 1973  certificate in the youth’s medical file.
 1974         (3) A certified an unaccompanied homeless youth may:
 1975         (a) Petition the circuit court to have the disabilities of
 1976  nonage removed under s. 743.015. The youth shall qualify as a
 1977  person not required to prepay costs and fees as provided in s.
 1978  57.081. The court shall advance the cause on the calendar.
 1979         (b) Notwithstanding s. 394.4625(1), consent to medical,
 1980  dental, psychological, substance abuse, and surgical diagnosis
 1981  and treatment, including preventative care and care by a
 1982  facility licensed under chapter 394, chapter 395, or chapter 397
 1983  and any forensic medical examination for the purpose of
 1984  investigating any felony offense under chapter 784, chapter 787,
 1985  chapter 794, chapter 800, or chapter 827, for:
 1986         1. Himself or herself; or
 1987         2. His or her child, if the certified unaccompanied
 1988  homeless youth is unmarried, is the parent of the child, and has
 1989  actual custody of the child.
 1990         (4) This section does not affect the requirements of s.
 1991  390.01114.
 1992         Section 36. Paragraph (f) of subsection (1) of section
 1993  1009.25, Florida Statutes, is amended to read:
 1994         1009.25 Fee exemptions.—
 1995         (1) The following students are exempt from the payment of
 1996  tuition and fees, including lab fees, at a school district that
 1997  provides workforce education programs, Florida College System
 1998  institution, or state university:
 1999         (f) A student who lacks a fixed, regular, and adequate
 2000  nighttime residence or whose primary nighttime residence is a
 2001  public or private shelter designed to provide temporary
 2002  residence, a public or private transitional living program for
 2003  individuals intended to be institutionalized, or a public or
 2004  private place not designed for, or ordinarily used as, a regular
 2005  sleeping accommodation for human beings. This includes a student
 2006  who would otherwise meet the requirements of this paragraph, as
 2007  determined by a college or university, but for his or her
 2008  residence in college or university dormitory housing.
 2009         Section 37. Subsection (1) of section 39.524, Florida
 2010  Statutes, is amended to read:
 2011         39.524 Safe-harbor placement.—
 2012         (1) Except as provided in s. 39.407 or s. 985.801, a
 2013  dependent child 6 years of age or older who has been found to be
 2014  a victim of sexual exploitation as defined in s. 39.01(71)(g) s.
 2015  39.01(70)(g) must be assessed for placement in a safe house or
 2016  safe foster home as provided in s. 409.1678 using the initial
 2017  screening and assessment instruments provided in s. 409.1754(1).
 2018  If such placement is determined to be appropriate for the child
 2019  as a result of this assessment, the child may be placed in a
 2020  safe house or safe foster home, if one is available. However,
 2021  the child may be placed in another setting, if the other setting
 2022  is more appropriate to the child’s needs or if a safe house or
 2023  safe foster home is unavailable, as long as the child’s
 2024  behaviors are managed so as not to endanger other children
 2025  served in that setting.
 2026         Section 38. Paragraph (p) of subsection (4) of section
 2027  394.495, Florida Statutes, is amended to read:
 2028         394.495 Child and adolescent mental health system of care;
 2029  programs and services.—
 2030         (4) The array of services may include, but is not limited
 2031  to:
 2032         (p) Trauma-informed services for children who have suffered
 2033  sexual exploitation as defined in s. 39.01(71)(g) s.
 2034  39.01(70)(g).
 2035         Section 39. Paragraph (c) of subsection (1) and paragraphs
 2036  (a) and (b) of subsection (6) of section 409.1678, Florida
 2037  Statutes, are amended to read:
 2038         409.1678 Specialized residential options for children who
 2039  are victims of sexual exploitation.—
 2040         (1) DEFINITIONS.—As used in this section, the term:
 2041         (c) “Sexually exploited child” means a child who has
 2042  suffered sexual exploitation as defined in s. 39.01(71)(g) s.
 2043  39.01(70)(g) and is ineligible for relief and benefits under the
 2044  federal Trafficking Victims Protection Act, 22 U.S.C. ss. 7101
 2045  et seq.
 2046         (6) LOCATION INFORMATION.—
 2047         (a) Information about the location of a safe house, safe
 2048  foster home, or other residential facility serving victims of
 2049  sexual exploitation, as defined in s. 39.01(71)(g) s.
 2050  39.01(70)(g), which is held by an agency, as defined in s.
 2051  119.011, is confidential and exempt from s. 119.07(1) and s.
 2052  24(a), Art. I of the State Constitution. This exemption applies
 2053  to such confidential and exempt information held by an agency
 2054  before, on, or after the effective date of the exemption.
 2055         (b) Information about the location of a safe house, safe
 2056  foster home, or other residential facility serving victims of
 2057  sexual exploitation, as defined in s. 39.01(71)(g) s.
 2058  39.01(70)(g), may be provided to an agency, as defined in s.
 2059  119.011, as necessary to maintain health and safety standards
 2060  and to address emergency situations in the safe house, safe
 2061  foster home, or other residential facility.
 2062         Section 40. Subsection (5) of section 960.065, Florida
 2063  Statutes, is amended to read:
 2064         960.065 Eligibility for awards.—
 2065         (5) A person is not ineligible for an award pursuant to
 2066  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 2067  person is a victim of sexual exploitation of a child as defined
 2068  in s. 39.01(71)(g) s. 39.01(70)(g).
 2069         Section 41. Section 409.1679, Florida Statutes, is amended
 2070  to read:
 2071         409.1679 Additional requirements; reimbursement
 2072  methodology.—
 2073         (1) Each program established under s. 409.1676 ss. 409.1676
 2074  and 409.1677 must meet the following expectations, which must be
 2075  included in its contracts with the department or lead agency:
 2076         (a) No more than 10 percent of the children served may move
 2077  from one living environment to another, unless the child is
 2078  returned to family members or is moved, in accordance with the
 2079  treatment plan, to a less-restrictive setting. Each child must
 2080  have a comprehensive transitional plan that identifies the
 2081  child’s living arrangement upon leaving the program and specific
 2082  steps and services that are being provided to prepare for that
 2083  arrangement. Specific expectations as to the time period
 2084  necessary for the achievement of these permanency goals must be
 2085  included in the contract.
 2086         (b) Each child must receive a full academic year of
 2087  appropriate educational instruction. No more than 10 percent of
 2088  the children may be in more than one academic setting in an
 2089  academic year, unless the child is being moved, in accordance
 2090  with an educational plan, to a less-restrictive setting. Each
 2091  child must demonstrate academic progress and must be performing
 2092  at grade level or at a level commensurate with a valid academic
 2093  assessment.
 2094         (c) Siblings must be kept together in the same living
 2095  environment 100 percent of the time, unless that is determined
 2096  by the provider not to be in the children’s best interest. When
 2097  siblings are separated in placement, the decision must be
 2098  reviewed and approved by the court within 30 days.
 2099         (d) The program must experience a caregiver turnover rate
 2100  and an incidence of child runaway episodes which are at least 50
 2101  percent below the rates experienced in the rest of the state.
 2102         (e) In addition to providing a comprehensive assessment,
 2103  the program must provide, 100 percent of the time, any or all of
 2104  the following services that are indicated through the
 2105  assessment: residential care; transportation; behavioral health
 2106  services; recreational activities; clothing, supplies, and
 2107  miscellaneous expenses associated with caring for these
 2108  children; necessary arrangements for or provision of educational
 2109  services; and necessary and appropriate health and dental care.
 2110         (f) The children who are served in this program must be
 2111  satisfied with the services and living environment.
 2112         (g) The caregivers must be satisfied with the program.
 2113         (2) Notwithstanding the provisions of s. 409.141, The
 2114  Department of Children and Families shall fairly and reasonably
 2115  reimburse the programs established under s. 409.1676 ss.
 2116  409.1676 and 409.1677 based on a prospective per diem rate,
 2117  which must be specified annually in the General Appropriations
 2118  Act. Funding for these programs shall be made available from
 2119  resources appropriated and identified in the General
 2120  Appropriations Act.
 2121         Section 42. Subsection (11) of section 1002.3305, Florida
 2122  Statutes, is amended to read:
 2123         1002.3305 College-Preparatory Boarding Academy Pilot
 2124  Program for at-risk students.—
 2125         (11) STUDENT HOUSING.—Notwithstanding s. 409.176 ss.
 2126  409.1677(3)(d) and 409.176 or any other provision of law, an
 2127  operator may house and educate dependent, at-risk youth in its
 2128  residential school for the purpose of facilitating the mission
 2129  of the program and encouraging innovative practices.
 2130         Section 43. For the purpose of incorporating the amendment
 2131  made by this act to section 456.057, Florida Statutes, in a
 2132  reference thereto, subsection (2) of section 483.181, Florida
 2133  Statutes, is reenacted to read:
 2134         483.181 Acceptance, collection, identification, and
 2135  examination of specimens.—
 2136         (2) The results of a test must be reported directly to the
 2137  licensed practitioner or other authorized person who requested
 2138  it, and appropriate disclosure may be made by the clinical
 2139  laboratory without a patient’s consent to other health care
 2140  practitioners and providers involved in the care or treatment of
 2141  the patient as specified in s. 456.057(7)(a). The report must
 2142  include the name and address of the clinical laboratory in which
 2143  the test was actually performed, unless the test was performed
 2144  in a hospital laboratory and the report becomes an integral part
 2145  of the hospital record.
 2146         Section 44. The sum of $250,000 from nonrecurring general
 2147  revenue is appropriated to the Department of Children and
 2148  Families the 2017-2018 fiscal year for the purpose of
 2149  implementing a shared family care residential services pilot
 2150  program to serve substance-exposed newborns and their families
 2151  pursuant to s. 409.16742, Florida Statutes.
 2152         Section 45. Except as otherwise expressly provided in this
 2153  act, this act shall take effect July 1, 2017.
 2154  
 2155  ================= T I T L E  A M E N D M E N T ================
 2156  And the title is amended as follows:
 2157         Delete everything before the enacting clause
 2158  and insert:
 2159                        A bill to be entitled                      
 2160         An act relating to child welfare and mental health
 2161         services for children; amending s. 39.01, F.S.;
 2162         defining the term “legal father”; redefining the terms
 2163         “parent” and “permanency goal”; amending s. 39.013,
 2164         F.S.; extending court jurisdiction to 22 years of age
 2165         for young adults with disabilities in foster care;
 2166         amending s. 39.202, F.S.; providing that confidential
 2167         records held by the Department of Children and
 2168         Families concerning reports of child abandonment,
 2169         abuse, or neglect, including reports made to the
 2170         central abuse hotline and all records generated as a
 2171         result of such reports, may be accessed for employment
 2172         screening of residential group home caregivers;
 2173         changing the time period for the release of records to
 2174         certain individuals; amending s. 39.301, F.S.;
 2175         requiring a safety plan to be issued for a perpetrator
 2176         of domestic violence only if the perpetrator can be
 2177         located; specifying what constitutes reasonable
 2178         efforts; requiring that a child new to a family under
 2179         investigation be added to the investigation and
 2180         assessed for safety; amending s. 39.302, F.S.;
 2181         conforming a cross-reference; providing that central
 2182         abuse hotline information may be used for certain
 2183         employment screenings; amending s. 39.402, F.S.;
 2184         requiring a court to inquire as to the identity and
 2185         location of a child’s legal father at the shelter
 2186         hearing; specifying the types of information that fall
 2187         within the scope of such inquiry; amending s. 39.503,
 2188         F.S.; requiring a court to conduct under oath the
 2189         inquiry to determine the identity or location of an
 2190         unknown parent; requiring a court to seek additional
 2191         information relating to a father’s identity in such
 2192         inquiry; requiring the diligent search to determine a
 2193         parent’s or prospective parent’s location to include a
 2194         search of the Florida Putative Father Registry;
 2195         amending s. 39.504, F.S.; requiring that, if there is
 2196         a pending dependency proceeding regarding a child for
 2197         whom an injunction is sought to protect, the same
 2198         judge must hear both proceedings; providing that the
 2199         court may enter an injunction based on specified
 2200         evidence; amending s. 39.507, F.S.; requiring a court
 2201         to consider maltreatment allegations against a parent
 2202         in an evidentiary hearing relating to a dependency
 2203         petition; amending s. 39.5085, F.S.; revising
 2204         eligibility guidelines for the Relative Caregiver
 2205         Program with respect to relative and nonrelative
 2206         caregivers; prohibiting a relative or nonrelative
 2207         caregiver from receiving payments under the Relative
 2208         Caregiver Program under certain circumstances;
 2209         amending s. 39.521, F.S.; providing new time
 2210         guidelines for filing with the court and providing
 2211         copies of case plans and family functioning
 2212         assessments; providing for assessment and program
 2213         compliance for a parent who caused harm to a child by
 2214         exposing the child to a controlled substance;
 2215         providing in-home safety plan requirements; providing
 2216         requirements for family functioning assessments;
 2217         providing supervision requirements after
 2218         reunification; amending s. 39.522, F.S.; providing
 2219         conditions for returning a child to the home with an
 2220         in-home safety plan; amending s. 39.523, F.S.;
 2221         providing legislative findings and intent; requiring
 2222         children placed in out-of-home care to be assessed to
 2223         determine the least restrictive placement that meets
 2224         the needs of the child; requiring specified entities
 2225         to document the placement assessments and decisions;
 2226         requiring a court to review and approve placements;
 2227         requiring the department to post specified information
 2228         relating to assessment and placement on its website
 2229         and update that information annually on specified
 2230         dates; authorizing the department to adopt rules;
 2231         amending s. 39.6011, F.S.; providing requirements for
 2232         confidential information in a case planning
 2233         conference; providing restrictions; amending s.
 2234         39.6012, F.S.; requiring that, if a parent caused harm
 2235         to a child by exposing the child to a controlled
 2236         substance, the case plan include as a required task
 2237         that the parent submit to a certain assessment and
 2238         comply with any treatment and services identified as
 2239         necessary; amending s. 39.6035, F.S.; requiring a
 2240         transition plan to be approved before a child reaches
 2241         18 years of age; amending s. 39.621, F.S.; specifying
 2242         the circumstances under which the permanency goal of
 2243         maintaining and strengthening the placement with a
 2244         parent may be used; amending s. 39.6221, F.S.;
 2245         providing that relocation requirements for parents in
 2246         dissolution proceedings do not apply to certain
 2247         permanent guardianships; amending s. 39.701, F.S.;
 2248         providing safety assessment requirements for children
 2249         coming into a home under court jurisdiction; amending
 2250         s. 39.801, F.S.; providing an exception to the notice
 2251         requirement regarding the advisory hearing for a
 2252         petition to terminate parental rights; amending s.
 2253         39.803, F.S.; requiring a court to conduct under oath
 2254         the inquiry to determine the identity or location of
 2255         an unknown parent after the filing of a termination of
 2256         parental rights petition; requiring a court to seek
 2257         additional information relating to a legal father’s
 2258         identity in such inquiry; revising minimum
 2259         requirements for the diligent search to determine the
 2260         location of a parent or prospective parent;
 2261         authorizing a court to schedule an adjudicatory
 2262         hearing regarding a petition for termination of
 2263         parental rights if a diligent search fails to identify
 2264         and locate a prospective parent; amending s. 39.806,
 2265         F.S.; revising circumstances under which grounds for
 2266         the termination of parental rights may be established;
 2267         amending s. 39.811, F.S.; revising circumstances under
 2268         which the rights of one parent may be terminated
 2269         without terminating the rights of the other parent;
 2270         amending s. 125.901, F.S.; creating an exception to
 2271         the requirement that, for an independent special
 2272         district in existence on a certain date and serving a
 2273         population of a specified size, the governing body of
 2274         the county submit the question of the district’s
 2275         retention or dissolution to the electorate in a
 2276         specified general election; amending s. 394.463, F.S.;
 2277         requiring a facility to initiate an involuntary
 2278         examination of a minor within 12 hours after his or
 2279         her arrival; creating a task force within the
 2280         Department of Children and Families; providing the
 2281         purpose and membership of the task force; requiring
 2282         the task force to analyze certain data and make
 2283         recommendations in a report to the Governor and the
 2284         Legislature by a specified date; providing for
 2285         expiration of the task force; amending s. 395.3025,
 2286         F.S.; revising requirements for access to patient
 2287         records; amending s. 402.40, F.S.; defining the term
 2288         “child welfare trainer”; providing rulemaking
 2289         authority; creating s. 409.16742, F.S.; providing
 2290         legislative findings and intent; establishing a shared
 2291         family care residential services pilot program for
 2292         substance-exposed newborns; amending s. 409.992, F.S.;
 2293         limiting compensation from state-appropriated funds
 2294         for administrative employees of community-based care
 2295         agencies; amending s. 409.996, F.S.; requiring the
 2296         Department of Children and Families to develop, in
 2297         collaboration with specified entities, a statewide
 2298         accountability system for residential group care
 2299         providers; specifying requirements for the
 2300         accountability system; requiring the department and
 2301         the lead agencies to use the collected information to
 2302         promote enhanced quality in residential group care;
 2303         requiring the department to submit an annual report,
 2304         beginning on a specified date, to the Governor and the
 2305         Legislature; specifying report requirements; requiring
 2306         implementation of the accountability system by a
 2307         certain date; providing construction; authorizing the
 2308         department to adopt rules; requiring the department,
 2309         in collaboration with the Florida Institute for Child
 2310         Welfare, to convene a workgroup on foster home
 2311         quality; specifying requirements for the workgroup;
 2312         providing for membership of the workgroup; requiring
 2313         the Florida Institute for Child Welfare to provide the
 2314         workgroup with specified research; requiring the
 2315         workgroup to submit a report by a specified date to
 2316         the Governor and the Legislature; specifying
 2317         requirements for the report; amending s. 456.057,
 2318         F.S.; revising requirements for access to patient
 2319         records; repealing s. 409.141, F.S., relating to
 2320         equitable reimbursement methodology; repealing s.
 2321         409.1677, F.S., relating to model comprehensive
 2322         residential services programs; amending s. 743.067,
 2323         F.S.; revising the term “unaccompanied homeless
 2324         youth”; requiring the State Office on Homelessness
 2325         within the Department of Children and Families to
 2326         develop a standardized form to be used in the
 2327         certification of unaccompanied homeless youth;
 2328         providing information that must be included in the
 2329         certification form; authorizing a certified
 2330         unaccompanied homeless youth to apply to the
 2331         Department of Highway Safety and Motor Vehicles for an
 2332         identification card; conforming terminology; amending
 2333         s. 1009.25, F.S.; revising the exemption from the
 2334         payment of tuition and fees for homeless students;
 2335         amending ss. 39.524, 394.495, 409.1678, and 960.065,
 2336         F.S.; conforming cross-references; amending ss.
 2337         409.1679 and 1002.3305, F.S.; conforming provisions to
 2338         changes made by the act; reenacting s. 483.181(2),
 2339         F.S., relating to acceptance, collection,
 2340         identification, and examination of specimens, to
 2341         incorporate the amendment made to s. 456.057, F.S., in
 2342         a reference thereto; providing an appropriation;
 2343         providing effective dates.