Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1650
       
       
       
       
       
       
                                Ì301180nÎ301180                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Governmental Oversight and Accountability
       (Montford) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 103 - 684
    4  and insert:
    5         Section 2. Subsection (30) of section 39.01, Florida
    6  Statutes, is amended to read:
    7         39.01 Definitions.—When used in this chapter, unless the
    8  context otherwise requires:
    9         (30) “Harm” to a child’s health or welfare can occur when
   10  any person:
   11         (a) Inflicts or allows to be inflicted upon the child
   12  physical, mental, or emotional injury. In determining whether
   13  harm has occurred, the following factors must be considered in
   14  evaluating any physical, mental, or emotional injury to a child:
   15  the age of the child; any prior history of injuries to the
   16  child; the location of the injury on the body of the child; the
   17  multiplicity of the injury; and the type of trauma inflicted.
   18  Such injury includes, but is not limited to:
   19         1. Willful acts that produce the following specific
   20  injuries:
   21         a. Sprains, dislocations, or cartilage damage.
   22         b. Bone or skull fractures.
   23         c. Brain or spinal cord damage.
   24         d. Intracranial hemorrhage or injury to other internal
   25  organs.
   26         e. Asphyxiation, suffocation, or drowning.
   27         f. Injury resulting from the use of a deadly weapon.
   28         g. Burns or scalding.
   29         h. Cuts, lacerations, punctures, or bites.
   30         i. Permanent or temporary disfigurement.
   31         j. Permanent or temporary loss or impairment of a body part
   32  or function.
   33  
   34  As used in this subparagraph, the term “willful” refers to the
   35  intent to perform an action, not to the intent to achieve a
   36  result or to cause an injury.
   37         2. Purposely giving a child poison, alcohol, drugs, or
   38  other substances that substantially affect the child’s behavior,
   39  motor coordination, or judgment or that result in sickness or
   40  internal injury. For the purposes of this subparagraph, the term
   41  “drugs” means prescription drugs not prescribed for the child or
   42  not administered as prescribed, and controlled substances as
   43  outlined in Schedule I or Schedule II of s. 893.03.
   44         3. Leaving a child without adult supervision or arrangement
   45  appropriate for the child’s age or mental or physical condition,
   46  so that the child is unable to care for the child’s own needs or
   47  another’s basic needs or is unable to exercise good judgment in
   48  responding to any kind of physical or emotional crisis.
   49         4. Inappropriate or excessively harsh disciplinary action
   50  that is likely to result in physical injury, mental injury as
   51  defined in this section, or emotional injury. The significance
   52  of any injury must be evaluated in light of the following
   53  factors: the age of the child; any prior history of injuries to
   54  the child; the location of the injury on the body of the child;
   55  the multiplicity of the injury; and the type of trauma
   56  inflicted. Corporal discipline may be considered excessive or
   57  abusive when it results in any of the following or other similar
   58  injuries:
   59         a. Sprains, dislocations, or cartilage damage.
   60         b. Bone or skull fractures.
   61         c. Brain or spinal cord damage.
   62         d. Intracranial hemorrhage or injury to other internal
   63  organs.
   64         e. Asphyxiation, suffocation, or drowning.
   65         f. Injury resulting from the use of a deadly weapon.
   66         g. Burns or scalding.
   67         h. Cuts, lacerations, punctures, or bites.
   68         i. Permanent or temporary disfigurement.
   69         j. Permanent or temporary loss or impairment of a body part
   70  or function.
   71         k. Significant bruises or welts.
   72         (b) Commits, or allows to be committed, sexual battery, as
   73  defined in chapter 794, or lewd or lascivious acts, as defined
   74  in chapter 800, against the child.
   75         (c) Allows, encourages, or forces the sexual exploitation
   76  of a child, which includes allowing, encouraging, or forcing a
   77  child to:
   78         1. Solicit for or engage in prostitution; or
   79         2. Engage in a sexual performance, as defined by chapter
   80  827.
   81         (d) Exploits a child, or allows a child to be exploited, as
   82  provided in s. 450.151.
   83         (e) Abandons the child. Within the context of the
   84  definition of “harm,” the term “abandoned the child” or
   85  “abandonment of the child” means a situation in which the parent
   86  or legal custodian of a child or, in the absence of a parent or
   87  legal custodian, the caregiver, while being able, has made no
   88  significant contribution to the child’s care and maintenance or
   89  has failed to establish or maintain a substantial and positive
   90  relationship with the child, or both. For purposes of this
   91  paragraph, “establish or maintain a substantial and positive
   92  relationship” includes, but is not limited to, frequent and
   93  regular contact with the child through frequent and regular
   94  visitation or frequent and regular communication to or with the
   95  child, and the exercise of parental rights and responsibilities.
   96  Marginal efforts and incidental or token visits or
   97  communications are not sufficient to establish or maintain a
   98  substantial and positive relationship with a child. The term
   99  “abandoned” does not include a surrendered newborn infant as
  100  described in s. 383.50, a child in need of services as defined
  101  in chapter 984, or a family in need of services as defined in
  102  chapter 984. The incarceration, repeated incarceration, or
  103  extended incarceration of a parent, legal custodian, or
  104  caregiver responsible for a child’s welfare may support a
  105  finding of abandonment.
  106         (f) Neglects the child. Within the context of the
  107  definition of “harm,” the term “neglects the child” means that
  108  the parent or other person responsible for the child’s welfare
  109  fails to supply the child with adequate food, clothing, shelter,
  110  or health care, although financially able to do so or although
  111  offered financial or other means to do so. However, a parent or
  112  legal custodian who, by reason of the legitimate practice of
  113  religious beliefs, does not provide specified medical treatment
  114  for a child may not be considered abusive or neglectful for that
  115  reason alone, but such an exception does not:
  116         1. Eliminate the requirement that such a case be reported
  117  to the department;
  118         2. Prevent the department from investigating such a case;
  119  or
  120         3. Preclude a court from ordering, when the health of the
  121  child requires it, the provision of medical services by a
  122  physician, as defined in this section, or treatment by a duly
  123  accredited practitioner who relies solely on spiritual means for
  124  healing in accordance with the tenets and practices of a well
  125  recognized church or religious organization.
  126         (g) Exposes a child to a controlled substance or alcohol.
  127  Exposure to a controlled substance or alcohol is established by:
  128         1. A test, administered at birth, which indicated that the
  129  child’s blood, urine, or meconium contained any amount of
  130  alcohol or a controlled substance or metabolites of such
  131  substances, the presence of which was not the result of medical
  132  treatment administered to the mother or the newborn infant; or
  133         2. Evidence of extensive, abusive, and chronic use of a
  134  controlled substance or alcohol by a parent when the child is
  135  demonstrably adversely affected by such usage.
  136  
  137  As used in this paragraph, the term “controlled substance” means
  138  prescription drugs not prescribed for the parent or not
  139  administered as prescribed and controlled substances as outlined
  140  in Schedule I or Schedule II of s. 893.03.
  141         (h) Uses mechanical devices, unreasonable restraints, or
  142  extended periods of isolation to control a child.
  143         (i) Engages in violent behavior that demonstrates a wanton
  144  disregard for the presence of a child and could reasonably
  145  result in serious injury to the child.
  146         (j) Negligently fails to protect a child in his or her care
  147  from inflicted physical, mental, or sexual injury caused by the
  148  acts of another.
  149         (k) Has allowed a child’s sibling to die as a result of
  150  abuse, abandonment, or neglect.
  151         (l) Makes the child unavailable for the purpose of impeding
  152  or avoiding a protective investigation unless the court
  153  determines that the parent, legal custodian, or caregiver was
  154  fleeing from a situation involving domestic violence.
  155  
  156  Harm to a child’s health or welfare can also occur when a new
  157  child is born into the family during the course of an open
  158  dependency case where a parent or caregiver has been determined
  159  to not have protective capacity to safely care for the children
  160  in the home and has not substantially complied with the case
  161  plan toward successful reunification or met conditions for
  162  return of the children into the home.
  163         Section 3. Section 39.0136, Florida Statutes, is amended to
  164  read:
  165         39.0136 Time limitations; continuances.—
  166         (1) The Legislature finds that time is of the essence for
  167  establishing permanency for a child in the dependency system.
  168  Time limitations are a right of the child which may not be
  169  waived, extended, or continued at the request of any party
  170  except as provided in this section.
  171         (2)(a)All parties and the court must work together to
  172  ensure that permanency is achieved as soon as possible for every
  173  child through timely performance of their responsibilities under
  174  this chapter.
  175         (b)The department shall ensure that parents have the
  176  information necessary to contact their caseworker. When a new
  177  caseworker is assigned to a case, the caseworker shall make a
  178  timely and diligent effort to notify the parent and provide
  179  updated contact information.
  180         (3)(2) The time limitations in this chapter do not include:
  181         (a) Periods of delay resulting from a continuance granted
  182  at the request of the child’s counsel or the child’s guardian ad
  183  litem or, if the child is of sufficient capacity to express
  184  reasonable consent, at the request or with the consent of the
  185  child. The court must consider the best interests of the child
  186  when determining periods of delay under this section.
  187         (b) Periods of delay resulting from a continuance granted
  188  at the request of any party if the continuance is granted:
  189         1. Because of an unavailability of evidence that is
  190  material to the case if the requesting party has exercised due
  191  diligence to obtain evidence and there are substantial grounds
  192  to believe that the evidence will be available within 30 days.
  193  However, if the requesting party is not prepared to proceed
  194  within 30 days, any other party may move for issuance of an
  195  order to show cause or the court on its own motion may impose
  196  appropriate sanctions, which may include dismissal of the
  197  petition.
  198         2. To allow the requesting party additional time to prepare
  199  the case and additional time is justified because of an
  200  exceptional circumstance.
  201         (c) Reasonable periods of delay necessary to accomplish
  202  notice of the hearing to the child’s parent or legal custodian;
  203  however, the petitioner shall continue regular efforts to
  204  provide notice to the parents during the periods of delay.
  205         (4)(3) Notwithstanding subsection (3) (2), in order to
  206  expedite permanency for a child, the total time allowed for
  207  continuances or extensions of time, including continuances or
  208  extensions by the court on its own motion, may not exceed 60
  209  days within any 12-month period for proceedings conducted under
  210  this chapter.
  211         (a) A continuance or extension of time may be granted only
  212  for extraordinary circumstances in which it is necessary to
  213  preserve the constitutional rights of a party or if substantial
  214  evidence exists to demonstrate that without granting a
  215  continuance or extension of time the child’s best interests will
  216  be harmed.
  217         (b)An order entered under this section shall specify the
  218  new date for the continued hearing or deadline.
  219         (5)(4) Notwithstanding subsection (3) (2), a continuance or
  220  an extension of time is limited to the number of days absolutely
  221  necessary to complete a necessary task in order to preserve the
  222  rights of a party or the best interests of a child.
  223         Section 4. Subsections (2) and (5) of section 39.202,
  224  Florida Statutes, are amended to read:
  225         39.202 Confidentiality of reports and records in cases of
  226  child abuse or neglect.—
  227         (2) Except as provided in subsection (4), access to such
  228  records, excluding the name of the reporter and the names of
  229  instructional personnel as defined in s. 1012.01(2), school
  230  administrators as defined in s. 1012.01(3)(c), and educational
  231  support employees as described in s. 1012.01(6)(a) who have
  232  provided information during a protective investigation which
  233  shall be released only as provided in subsection (5), shall be
  234  granted only to the following persons, officials, and agencies:
  235         (a) Employees, authorized agents, or contract providers of
  236  the department, the Department of Health, the Agency for Persons
  237  with Disabilities, the Office of Early Learning, or county
  238  agencies responsible for carrying out:
  239         1. Child or adult protective investigations;
  240         2. Ongoing child or adult protective services;
  241         3. Early intervention and prevention services;
  242         4. Healthy Start services;
  243         5. Licensure or approval of adoptive homes, foster homes,
  244  child care facilities, facilities licensed under chapter 393,
  245  family day care homes, providers who receive school readiness
  246  funding under part VI of chapter 1002, or other homes used to
  247  provide for the care and welfare of children;
  248         6. Employment screening for caregivers in residential group
  249  homes; or
  250         7. Services for victims of domestic violence when provided
  251  by certified domestic violence centers working at the
  252  department’s request as case consultants or with shared clients.
  253  
  254  Also, employees or agents of the Department of Juvenile Justice
  255  responsible for the provision of services to children, pursuant
  256  to chapters 984 and 985.
  257         (b) Criminal justice agencies of appropriate jurisdiction.
  258         (c) The state attorney of the judicial circuit in which the
  259  child resides or in which the alleged abuse or neglect occurred.
  260         (d) The parent or legal custodian of any child who is
  261  alleged to have been abused, abandoned, or neglected, and the
  262  child, and their attorneys, including any attorney representing
  263  a child in civil or criminal proceedings. This access must shall
  264  be made available no later than 60 days after the department
  265  receives the initial report of abuse, neglect, or abandonment.
  266  However, any information otherwise made confidential or exempt
  267  by law may shall not be released pursuant to this paragraph.
  268         (e) Any person alleged in the report as having caused the
  269  abuse, abandonment, or neglect of a child. This access must
  270  shall be made available no later than 60 days after the
  271  department receives the initial report of abuse, abandonment, or
  272  neglect and, when the alleged perpetrator is not a parent, must
  273  shall be limited to information involving the protective
  274  investigation only and may shall not include any information
  275  relating to subsequent dependency proceedings. However, any
  276  information otherwise made confidential or exempt by law may
  277  shall not be released pursuant to this paragraph.
  278         (f) A court upon its finding that access to such records
  279  may be necessary for the determination of an issue before the
  280  court; however, such access must shall be limited to inspection
  281  in camera, unless the court determines that public disclosure of
  282  the information contained therein is necessary for the
  283  resolution of an issue then pending before it.
  284         (g) A grand jury, by subpoena, upon its determination that
  285  access to such records is necessary in the conduct of its
  286  official business.
  287         (h) Any appropriate official of the department or the
  288  Agency for Persons with Disabilities who is responsible for:
  289         1. Administration or supervision of the department’s
  290  program for the prevention, investigation, or treatment of child
  291  abuse, abandonment, or neglect, or abuse, neglect, or
  292  exploitation of a vulnerable adult, when carrying out his or her
  293  official function;
  294         2. Taking appropriate administrative action concerning an
  295  employee of the department or the agency who is alleged to have
  296  perpetrated child abuse, abandonment, or neglect, or abuse,
  297  neglect, or exploitation of a vulnerable adult; or
  298         3. Employing and continuing employment of personnel of the
  299  department or the agency.
  300         (i) Any person authorized by the department who is engaged
  301  in the use of such records or information for bona fide
  302  research, statistical, or audit purposes. Such individual or
  303  entity shall enter into a privacy and security agreement with
  304  the department and shall comply with all laws and rules
  305  governing the use of such records and information for research
  306  and statistical purposes. Information identifying the subjects
  307  of such records or information shall be treated as confidential
  308  by the researcher and may shall not be released in any form.
  309         (j) The Division of Administrative Hearings for purposes of
  310  any administrative challenge.
  311         (k) Any appropriate official of an a Florida advocacy
  312  council in this state investigating a report of known or
  313  suspected child abuse, abandonment, or neglect; the Auditor
  314  General or the Office of Program Policy Analysis and Government
  315  Accountability for the purpose of conducting audits or
  316  examinations pursuant to law; or the guardian ad litem for the
  317  child.
  318         (l) Employees or agents of an agency of another state that
  319  has comparable jurisdiction to the jurisdiction described in
  320  paragraph (a).
  321         (m) The Public Employees Relations Commission for the sole
  322  purpose of obtaining evidence for appeals filed pursuant to s.
  323  447.207. Records may be released only after deletion of all
  324  information which specifically identifies persons other than the
  325  employee.
  326         (n) Employees or agents of the Department of Revenue
  327  responsible for child support enforcement activities.
  328         (o) Any person in the event of the death of a child
  329  determined to be a result of abuse, abandonment, or neglect.
  330  Information identifying the person reporting abuse, abandonment,
  331  or neglect may shall not be released. Any information otherwise
  332  made confidential or exempt by law may shall not be released
  333  pursuant to this paragraph.
  334         (p) An employee of the local school district who is
  335  designated as a liaison between the school district and the
  336  department pursuant to an interagency agreement required under
  337  s. 39.0016 and the principal of a public school, private school,
  338  or charter school where the child is a student. Information
  339  contained in the records which the liaison or the principal
  340  determines are necessary for a school employee to effectively
  341  provide a student with educational services may be released to
  342  that employee.
  343         (q) An employee or agent of the Department of Education who
  344  is responsible for the investigation or prosecution of
  345  misconduct by a certified educator.
  346         (r) Staff of a children’s advocacy center that is
  347  established and operated under s. 39.3035.
  348         (s) A physician licensed under chapter 458 or chapter 459,
  349  a psychologist licensed under chapter 490, or a mental health
  350  professional licensed under chapter 491 engaged in the care or
  351  treatment of the child.
  352         (t) Persons with whom the department is seeking to place
  353  the child or to whom placement has been granted, including
  354  foster parents for whom an approved home study has been
  355  conducted, the designee of a licensed residential group home
  356  described in s. 39.523, an approved relative or nonrelative with
  357  whom a child is placed pursuant to s. 39.402, preadoptive
  358  parents for whom a favorable preliminary adoptive home study has
  359  been conducted, adoptive parents, or an adoption entity acting
  360  on behalf of preadoptive or adoptive parents.
  361         (5)(a) The name of any person reporting child abuse,
  362  abandonment, or neglect may not be released to any person other
  363  than employees of the department responsible for child
  364  protective services, the central abuse hotline, law enforcement,
  365  the child protection team, or the appropriate state attorney,
  366  without the written consent of the person reporting. This does
  367  not prohibit the subpoenaing of a person reporting child abuse,
  368  abandonment, or neglect when deemed necessary by the court, the
  369  state attorney, or the department, provided the fact that such
  370  person made the report is not disclosed. Any person who reports
  371  a case of child abuse or neglect may, at the time he or she
  372  makes the report, request that the department notify him or her
  373  that a child protective investigation occurred as a result of
  374  the report. Any person specifically listed in s. 39.201(1) who
  375  makes a report in his or her official capacity may also request
  376  a written summary of the outcome of the investigation. The
  377  department must shall mail such a notice to the reporter within
  378  10 days after completing the child protective investigation.
  379         (b) The names of instructional personnel as defined in s.
  380  1012.01(2), school administrators as defined in s.
  381  1012.01(3)(c), and educational support employees as described in
  382  s. 1012.01(6)(a) who have provided information during a
  383  protective investigation may not be released to any person other
  384  than employees of the department responsible for child
  385  protective services, the central abuse hotline, law enforcement,
  386  the child protection team, or the appropriate state attorney
  387  without the written consent of such personnel.
  388         Section 5. Paragraph (f) of subsection (14) and subsections
  389  (15) and (18) of section 39.402, Florida Statutes, are amended
  390  to read:
  391         39.402 Placement in a shelter.—
  392         (14) The time limitations in this section do not include:
  393         (f) Continuances or extensions of time may not total more
  394  than 60 days for all parties, and the court on its own motion,
  395  within any 12-month period during proceedings under this
  396  chapter. A continuance or extension beyond the 60 days may be
  397  granted only for extraordinary circumstances necessary to
  398  preserve the constitutional rights of a party or when
  399  substantial evidence demonstrates that the child’s best
  400  interests will be affirmatively harmed without the granting of a
  401  continuance or extension of time. When a continuance or
  402  extension is granted, the order shall specify the new date for
  403  the continued hearing or deadline.
  404         (15) The department, at the conclusion of the shelter
  405  hearing, shall make available to parents or legal custodians
  406  seeking voluntary services, any referral information necessary
  407  for participation in such identified services to allow the
  408  parents to begin the services immediately. The parents’ or legal
  409  custodians’ participation in the services shall not be
  410  considered an admission or other acknowledgment of the
  411  allegations in the shelter petition.
  412         (18) The court shall advise the parents in plain language
  413  what is expected of them to achieve reunification with their
  414  child, including that:,
  415         (a)Parents must take action to comply with the case plan
  416  so reunification with the child may occur within the shortest
  417  period of time possible, but not more than 1 year after removal
  418  or adjudication of the child.
  419         (b)Parents must stay in contact with their attorney and
  420  their caseworker. If the parents’ phone number, mailing address,
  421  or e-mail address changes, the parents must provide the attorney
  422  and caseworker with updated contact information.
  423         (c)Parents must notify the parties and the court of
  424  barriers to completing case plan tasks within a reasonable time
  425  after discovering such barriers.
  426         (d) If the parents fail to substantially comply with the
  427  case plan, their parental rights may be terminated and that the
  428  child’s out-of-home placement may become permanent.
  429         Section 6. Paragraph (c) of subsection (7) of section
  430  39.507, Florida Statutes, is amended to read:
  431         39.507 Adjudicatory hearings; orders of adjudication.—
  432         (7)
  433         (c) If a court adjudicates a child dependent and the child
  434  is in out-of-home care, the court shall inquire of the parent or
  435  parents whether the parents have relatives who might be
  436  considered as a placement for the child. The parent or parents
  437  shall provide the court and all parties with identification and
  438  location information for such relatives. The court shall advise
  439  the parents in plain language that:,
  440         1.Parents must take action to comply with the case plan so
  441  reunification with the child may occur within the shortest
  442  period of time possible, but not more than 1 year after removal
  443  or adjudication of the child.
  444         2.Parents must stay in contact with their attorney and
  445  their caseworker. If the parents’ phone number, mailing address,
  446  or e-mail address changes, the parents must provide the attorney
  447  and caseworker with updated contact information.
  448         3.Parents must notify the parties and the court of
  449  barriers to completing case plan tasks within a reasonable time
  450  after discovering such barriers.
  451         4. If the parents fail to substantially comply with the
  452  case plan, their parental rights may be terminated and that the
  453  child’s out-of-home placement may become permanent. The parent
  454  or parents shall provide to the court and all parties
  455  identification and location information of the relatives.
  456         Section 7. Paragraph (a) of subsection (1) of section
  457  39.521, Florida Statutes, is amended to read:
  458         39.521 Disposition hearings; powers of disposition.—
  459         (1) A disposition hearing shall be conducted by the court,
  460  if the court finds that the facts alleged in the petition for
  461  dependency were proven in the adjudicatory hearing, or if the
  462  parents or legal custodians have consented to the finding of
  463  dependency or admitted the allegations in the petition, have
  464  failed to appear for the arraignment hearing after proper
  465  notice, or have not been located despite a diligent search
  466  having been conducted.
  467         (a) A written case plan and a family functioning assessment
  468  prepared by an authorized agent of the department must be
  469  approved by the court. The department must file the case plan
  470  and the family functioning assessment with the court, serve
  471  copies a copy of the case plan on the parents of the child, and
  472  provide copies a copy of the case plan to the representative of
  473  the guardian ad litem program, if the program has been
  474  appointed, and copies a copy to all other parties:
  475         1. Not less than 72 hours before the disposition hearing,
  476  if the disposition hearing occurs on or after the 60th day after
  477  the date the child was placed in out-of-home care. All such case
  478  plans must be approved by the court.
  479         2. Not less than 72 hours before the case plan acceptance
  480  hearing, if the disposition hearing occurs before the 60th day
  481  after the date the child was placed in out-of-home care and a
  482  case plan has not been submitted pursuant to this paragraph, or
  483  if the court does not approve the case plan at the disposition
  484  hearing. The case plan acceptance hearing must occur within 30
  485  days after the disposition hearing to review and approve the
  486  case plan.
  487         Section 8. Subsection (1) of section 39.522, Florida
  488  Statutes, is amended to read:
  489         39.522 Postdisposition change of custody.—The court may
  490  change the temporary legal custody or the conditions of
  491  protective supervision at a postdisposition hearing, without the
  492  necessity of another adjudicatory hearing.
  493         (1) At any time before a child achieves the permanency
  494  placement approved at the permanency hearing, a child who has
  495  been placed in the child’s own home under the protective
  496  supervision of an authorized agent of the department, in the
  497  home of a relative, in the home of a legal custodian, or in some
  498  other place may be brought before the court by the department or
  499  by any other interested person, upon the filing of a motion
  500  petition alleging a need for a change in the conditions of
  501  protective supervision or the placement. If the parents or other
  502  legal custodians deny the need for a change, the court shall
  503  hear all parties in person or by counsel, or both. Upon the
  504  admission of a need for a change or after such hearing, the
  505  court shall enter an order changing the placement, modifying the
  506  conditions of protective supervision, or continuing the
  507  conditions of protective supervision as ordered. The standard
  508  for changing custody of the child shall be the best interest of
  509  the child. When applying this standard, the court shall consider
  510  the continuity of the child’s placement in the same out-of-home
  511  residence as a factor when determining the best interests of the
  512  child. If the child is not placed in foster care, then the new
  513  placement for the child must meet the home study criteria and
  514  court approval pursuant to this chapter.
  515         Section 9. Present subsections (4) through (8) of section
  516  39.6011, Florida Statutes, are redesignated as subsections (5)
  517  through (9), respectively, a new subsection (4) is added to that
  518  section, and paragraph (e) of subsection (2), subsection (3),
  519  and present subsection (6) of that section are amended, to read:
  520         39.6011 Case plan development.—
  521         (2) The case plan must be written simply and clearly in
  522  English and, if English is not the principal language of the
  523  child’s parent, to the extent possible in the parent’s principal
  524  language. Each case plan must contain:
  525         (e) A written notice to the parent that it is the parents’
  526  responsibility to take action to comply with the case plan so
  527  reunification with the child may occur within the shortest
  528  period of time possible, but not more than 1 year after removal
  529  or adjudication of the child; the parent must notify the parties
  530  and the court of barriers to completing case plan tasks within a
  531  reasonable time after discovering such barriers; failure of the
  532  parent to substantially comply with the case plan may result in
  533  the termination of parental rights;, and that a material breach
  534  of the case plan by the parent’s action or inaction may result
  535  in the filing of a petition for termination of parental rights
  536  sooner than the compliance period set forth in the case plan.
  537         (3) The case plan must be signed by all parties, except
  538  that the signature of a child may be waived if the child is not
  539  of an age or capacity to participate in the case-planning
  540  process. Signing the case plan constitutes an acknowledgment
  541  that the case plan has been developed by the parties and that
  542  they are in agreement as to the terms and conditions contained
  543  in the case plan. The refusal of a parent to sign the case plan
  544  does not prevent the court from accepting the case plan if the
  545  case plan is otherwise acceptable to the court. Signing the case
  546  plan does not constitute an admission to any allegation of
  547  abuse, abandonment, or neglect and does not constitute consent
  548  to a finding of dependency or termination of parental rights.
  549         (4) Before signing the case plan, the department shall
  550  explain the provisions of the plan to all persons involved in
  551  its implementation, including, when appropriate, the child. The
  552  department shall ensure that the parent has contact information
  553  for all entities necessary to complete the tasks in the plan.
  554  The department shall explain the strategies included in the plan
  555  that the parent can use to overcome barriers to case plan
  556  compliance and that if a barrier is discovered and the parties
  557  are not actively working to overcome such barrier, the parent
  558  must notify the parties and the court within a reasonable time
  559  after discovering such barrier.
  560         (7)(6) After the case plan has been developed, the
  561  department shall adhere to the following procedural
  562  requirements:
  563         (a) If the parent’s substantial compliance with the case
  564  plan requires the department to provide services to the parents
  565  or the child and the parents agree to begin compliance with the
  566  case plan before the case plan’s acceptance by the court, the
  567  department shall make the appropriate referrals for services
  568  that will allow the parents to begin the agreed-upon tasks and
  569  services immediately.
  570         (b)All other referrals for services shall be completed as
  571  soon as possible, but not more than 7 days after the date of the
  572  case plan approval, unless the case plan specifies that a task
  573  may not be undertaken until another specified task has been
  574  completed.
  575         (c)(b) After the case plan has been agreed upon and signed
  576  by the parties, a copy of the plan must be given immediately to
  577  the parties, including the child if appropriate, and to other
  578  persons as directed by the court.
  579         1. A case plan must be prepared, but need not be submitted
  580  to the court, for a child who will be in care no longer than 30
  581  days unless that child is placed in out-of-home care a second
  582  time within a 12-month period.
  583         2. In each case in which a child has been placed in out-of
  584  home care, a case plan must be prepared within 60 days after the
  585  department removes the child from the home and shall be
  586  submitted to the court before the disposition hearing for the
  587  court to review and approve.
  588         3. After jurisdiction attaches, all case plans must be
  589  filed with the court, and a copy provided to all the parties
  590  whose whereabouts are known, not less than 3 business days
  591  before the disposition hearing. The department shall file with
  592  the court, and provide copies to the parties, all case plans
  593  prepared before jurisdiction of the court attached.
  594         Section 10. Paragraph (b) of subsection (1) of section
  595  39.6012, Florida Statutes, is amended, paragraph (d) is added to
  596  subsection (1) of that section, to read:
  597         39.6012 Case plan tasks; services.—
  598         (1) The services to be provided to the parent and the tasks
  599  that must be completed are subject to the following:
  600         (b) The case plan must describe each of the tasks with
  601  which the parent must comply and the services to be provided to
  602  the parent, specifically addressing the identified problem,
  603  including:
  604         1. The type of services or treatment.
  605         2. The date the department will provide each service or
  606  referral for the service if the service is being provided by the
  607  department or its agent.
  608         3. The date by which the parent must complete each task.
  609         4. The frequency of services or treatment provided. The
  610  frequency of the delivery of services or treatment provided
  611  shall be determined by the professionals providing the services
  612  or treatment on a case-by-case basis and adjusted according to
  613  their best professional judgment.
  614         5. The location of the delivery of the services.
  615         6. The staff of the department or service provider
  616  accountable for the services or treatment.
  617         7. A description of the measurable objectives, including
  618  the timeframes specified for achieving the objectives of the
  619  case plan and addressing the identified problem.
  620         8.Strategies to overcome barriers to case plan compliance,
  621  including, but not limited to, the provision of contact
  622  information, information on acceptable alternative services or
  623  providers, and an explanation that the parent must notify the
  624  parties within a reasonable time of discovering a barrier that
  625  the parties are not actively working to overcome.
  626         (d) Parents must provide accurate contact information to
  627  the department or the contracted case management agency and
  628  update such information as appropriate. Parents must make
  629  proactive contact with the department or the contracted case
  630  management agency at least every 14 calendar days to provide
  631  information on the status of case plan task completion, barriers
  632  to completion, and plans toward reunification.
  633         Section 11. Present subsection (6) of section 39.6013,
  634  Florida Statutes, is redesignated as subsection (7), a new
  635  subsection (6) is added to that section, and present subsection
  636  (7) is amended, to read:
  637         39.6013 Case plan amendments.—
  638         (6) When determining whether to amend the case plan, the
  639  court must consider the length of time the case has been open,
  640  level of parental engagement to date, number of case plan tasks
  641  complied with, child’s type of placement and attachment, and
  642  potential for successful reunification.
  643         (8)(7) Amendments must include service interventions that
  644  are the least intrusive into the life of the parent and child,
  645  must focus on clearly defined objectives, and must provide the
  646  most efficient path to quick reunification or permanent
  647  placement given the circumstances of the case and the child’s
  648  need for safe and proper care. A copy of the amended plan must
  649  be immediately given to the persons identified in s.
  650  39.6011(7)(c) s. 39.6011(6)(b).
  651         Section 12. Present subsections (7) through (10) of section
  652  39.621, Florida Statutes, are redesignated as subsections (8)
  653  through (11), respectively, subsection (5) and present
  654  subsections (9), (10), and (11) are amended, and a new
  655  subsection (7) is added to that section, to read:
  656         39.621 Permanency determination by the court.—
  657         (5) At the permanency hearing, the court shall determine:
  658         (a) Whether the current permanency goal for the child is
  659  appropriate or should be changed;
  660         (b) When the child will achieve one of the permanency
  661  goals; and
  662         (c) Whether the department has made reasonable efforts to
  663  finalize the permanency plan currently in effect; and.
  664         (d) Whether the frequency, duration, manner, and level of
  665  engagement of the parent or legal guardian’s visitation with the
  666  child meets the case plan requirements.
  667         (7)If the court determines that the child’s goal is
  668  appropriate but the child will be in out-of-home care for more
  669  than 12 months before achieving permanency, in those cases where
  670  the goal is reunification or adoption, the court shall hold
  671  permanency status hearings for the child every 60 days until the
  672  child reaches permanency or the court makes a determination that
  673  it is in the child’s best interest to change the permanency
  674  goal.
  675         (10)(9) The case plan must list the tasks necessary to
  676  finalize the permanency placement and shall be updated at the
  677  permanency hearing unless the child will achieve permanency
  678  within 60 days after the hearing if necessary. If a concurrent
  679  case plan is in place, the court may choose between the
  680  permanency goal options presented and shall approve the goal
  681  that is in the child’s best interest.
  682         (11)(10) The permanency placement is intended to continue
  683  until the child reaches the age of majority and may not be
  684  disturbed absent a finding by the court that the circumstances
  685  of the permanency placement are no longer in the best interest
  686  of the child.
  687         (a) If, after a child has achieved the permanency placement
  688  approved at the permanency hearing, a parent who has not had his
  689  or her parental rights terminated makes a motion for
  690  reunification or increased contact with the child, the court
  691  shall hold a hearing to determine whether the dependency case
  692  should be reopened and whether there should be a modification of
  693  the order.
  694         (b) At the hearing, the parent must demonstrate that the
  695  safety, well-being, and physical, mental, and emotional health
  696  of the child is not endangered by the modification.
  697         (c)(11) The court shall base its decision concerning any
  698  motion by a parent for reunification or increased contact with a
  699  child on the effect of the decision on the safety, well-being,
  700  and physical and emotional health of the child. Factors that
  701  must be considered and addressed in the findings of fact of the
  702  order on the motion must include:
  703         1.(a) The compliance or noncompliance of the parent with
  704  the case plan;
  705         2.(b) The circumstances which caused the child’s dependency
  706  and whether those circumstances have been resolved;
  707         3.(c) The stability and longevity of the child’s placement;
  708         4.(d) The preferences of the child, if the child is of
  709  sufficient age and understanding to express a preference;
  710         5.(e) The recommendation of the current custodian; and
  711         6.(f) The recommendation of the guardian ad litem, if one
  712  has been appointed.
  713         Section 13. Paragraph (d) of subsection (2) of section
  714  39.701, Florida Statutes, is amended to read:
  715         39.701 Judicial review.—
  716         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
  717  AGE.—
  718         (d) Orders.—
  719         1. Based upon the criteria set forth in paragraph (c) and
  720  the recommended order of the citizen review panel, if any, the
  721  court shall determine whether or not the social service agency
  722  shall initiate proceedings to have a child declared a dependent
  723  child, return the child to the parent, continue the child in
  724  out-of-home care for a specified period of time, or initiate
  725  termination of parental rights proceedings for subsequent
  726  placement in an adoptive home. Amendments to the case plan must
  727  be prepared as prescribed in s. 39.6013. If the court finds that
  728  the prevention or reunification efforts of the department will
  729  allow the child to remain safely at home or be safely returned
  730  to the home, the court shall allow the child to remain in or
  731  return to the home after making a specific finding of fact that
  732  the reasons for the creation of the case plan have been remedied
  733  to the extent that the child’s safety, well-being, and physical,
  734  mental, and emotional health will not be endangered.
  735         2. The court shall return the child to the custody of the
  736  parents at any time it determines that they have substantially
  737  complied with the case plan, if the court is satisfied that
  738  reunification will not be detrimental to the child’s safety,
  739  well-being, and physical, mental, and emotional health.
  740         3. If, in the opinion of the court, the social service
  741  agency has not complied with its obligations as specified in the
  742  written case plan, the court may find the social service agency
  743  in contempt, shall order the social service agency to submit its
  744  plans for compliance with the agreement, and shall require the
  745  social service agency to show why the child could not safely be
  746  returned to the home of the parents.
  747         4. If, at any judicial review, the court finds that the
  748  parents have failed to substantially comply with the case plan
  749  to the degree that further reunification efforts are without
  750  merit and not in the best interest of the child, on its own
  751  motion, the court may order the filing of a petition for
  752  termination of parental rights, whether or not the time period
  753  as contained in the case plan for substantial compliance has
  754  expired.
  755         5. Within 6 months after the date that the child was placed
  756  in shelter care, the court shall conduct a judicial review
  757  hearing to review the child’s permanency goal as identified in
  758  the case plan. At the hearing the court shall make written
  759  findings regarding the parent or legal guardian’s compliance
  760  with the case plan and demonstrable change in parental capacity
  761  to achieve timely reunification likelihood of the child’s
  762  reunification with the parent or legal custodian within 12
  763  months after the removal of the child from the home. The court
  764  shall consider the frequency, duration, manner, and level of
  765  engagement of the parent or legal custodian’s visitation with
  766  the child in compliance with the case plan. If the court makes a
  767  written
  768  
  769  ================= T I T L E  A M E N D M E N T ================
  770  And the title is amended as follows:
  771         Delete lines 6 - 44
  772  and insert:
  773         dependency proceedings; amending s. 39.01, F.S.;
  774         expanding the definition of the term “harm” to
  775         encompass infants born under certain circumstances;
  776         amending s. 39.0136, F.S.; requiring cooperation
  777         between certain parties and the court to achieve
  778         permanency for a child in a timely manner; requiring
  779         certain court orders to specify certain deadlines;
  780         amending s. 39.202, F.S.; prohibiting the Department
  781         of Children and Families from releasing the names of
  782         certain persons who have provided information during a
  783         protective investigation except under certain
  784         circumstances; amending s. 39.402, F.S.; providing
  785         that time limitations governing placement of a child
  786         in a shelter do not include continuances requested by
  787         the court; providing limitations on continuances;
  788         providing requirements for parents to achieve
  789         reunification with the child; amending s. 39.507,
  790         F.S.; requiring the court to advise the parents during
  791         an adjudicatory hearing of certain actions that are
  792         required to achieve reunification; amending s. 39.521,
  793         F.S.; requiring the department to provide copies of
  794         the family functioning assessment to certain persons;
  795         amending s. 39.522, F.S.; providing conditions for the
  796         court to consider the continuity of the child’s
  797         placement in the same out-of-home residence before the
  798         permanency placement is approved in a postdisposition
  799         proceeding to modify custody; amending s. 39.6011,
  800         F.S.; requiring a case plan for a child receiving
  801         services from the department to include a protocol for
  802         parents to achieve reunification with the child;
  803         providing that certain action or inaction by a parent
  804         may result in termination of parental rights;
  805         requiring the department to provide certain
  806         information to a parent before signing a case plan;
  807         providing a timeframe for referral for services;
  808         amending s. 39.6012, F.S.; requiring a case plan to
  809         contain certain information; requiring parents or
  810         legal guardians to provide certain information to the
  811         department or contracted case management agency and to
  812         update the information as appropriate; requiring the
  813         parents or legal guardians to make proactive contact
  814         with the department or contracted case management
  815         agency; amending s. 39.6013, F.S.; requiring the court
  816         to consider certain factors when determining whether
  817         to amend a case plan; conforming a cross-reference;
  818         amending s. 39.621, F.S.; requiring the court to
  819         determine certain factors at a permanency hearing;
  820         requiring the court to hold permanency hearings within
  821         specified timeframes until permanency is determined;
  822         amending s. 39.701, F.S.; revising the findings a
  823         court must make at a judicial review hearing relating
  824         to a child’s permanency goal; requiring the department
  825         to file a