Florida Senate - 2018               CS for CS for CS for SB 1650
       
       
        
       By the Committees on Rules; Governmental Oversight and
       Accountability; and Children, Families, and Elder Affairs; and
       Senators Montford and Book
       
       
       
       595-03553-18                                          20181650c3
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.001,
    3         F.S.; providing an additional purpose of ch. 39, F.S.;
    4         providing for the name of a child’s guardian ad litem
    5         or attorney ad litem to be entered on court orders in
    6         dependency proceedings; amending s. 39.01, F.S.;
    7         expanding the definition of the term “harm” to
    8         encompass infants born under certain circumstances;
    9         amending s. 39.0136, F.S.; requiring cooperation
   10         between certain parties and the court to achieve
   11         permanency for a child in a timely manner; requiring
   12         certain court orders to specify certain deadlines;
   13         amending s. 39.402, F.S.; providing that time
   14         limitations governing placement of a child in a
   15         shelter do not include continuances requested by the
   16         court; providing limitations on continuances;
   17         providing requirements for parents to achieve
   18         reunification with the child; amending s. 39.507,
   19         F.S.; requiring the court to advise the parents during
   20         an adjudicatory hearing of certain actions that are
   21         required to achieve reunification; amending s. 39.521,
   22         F.S.; requiring the department to provide copies of
   23         the family functioning assessment to certain persons;
   24         amending s. 39.522, F.S.; providing conditions for the
   25         court to consider the continuity of the child’s
   26         placement in the same out-of-home residence before the
   27         permanency placement is approved in a postdisposition
   28         proceeding to modify custody; amending s. 39.6011,
   29         F.S.; requiring a case plan for a child receiving
   30         services from the department to include a protocol for
   31         parents to achieve reunification with the child;
   32         providing that certain action or inaction by a parent
   33         may result in termination of parental rights;
   34         requiring the department to provide certain
   35         information to a parent before signing a case plan;
   36         providing a timeframe for referral for services;
   37         amending s. 39.6012, F.S.; requiring a case plan to
   38         contain certain information; requiring parents or
   39         legal guardians to provide certain information to the
   40         department or contracted case management agency and to
   41         update the information as appropriate; requiring the
   42         parents or legal guardians to make proactive contact
   43         with the department or contracted case management
   44         agency; amending s. 39.6013, F.S.; requiring the court
   45         to consider certain factors when determining whether
   46         to amend a case plan; conforming a cross-reference;
   47         amending s. 39.621, F.S.; requiring the court to
   48         determine certain factors at a permanency hearing;
   49         requiring the court to hold permanency hearings within
   50         specified timeframes until permanency is determined;
   51         amending s. 39.701, F.S.; revising the findings a
   52         court must make at a judicial review hearing relating
   53         to a child’s permanency goal; requiring the department
   54         to file a motion to amend a case plan when concurrent
   55         planning is used, under certain circumstances;
   56         amending s. 39.806, F.S.; specifying that a parent or
   57         parents may materially breach a case plan by action or
   58         inaction; amending s. 39.811, F.S.; requiring the
   59         court to enter a written order of disposition of the
   60         child following termination of parental rights within
   61         a specified timeframe; providing an effective date.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Subsection (7) of section 39.001, Florida
   66  Statutes, is amended, and paragraph (q) is added to subsection
   67  (1) and paragraph (j) is added to subsection (3) of that
   68  section, to read:
   69         39.001 Purposes and intent; personnel standards and
   70  screening.—
   71         (1) PURPOSES OF CHAPTER.—The purposes of this chapter are:
   72         (q)To recognize the responsibility of:
   73         1.The parent from whose custody a child has been taken to
   74  take action to comply with the case plan so reunification with
   75  the child may occur within the shortest period of time possible,
   76  but not more than 1 year after removal or adjudication of the
   77  child.
   78         2.The department and its community-based care providers to
   79  make reasonable efforts to finalize a family’s permanency plan,
   80  including assisting parents with developing strategies to
   81  overcome barriers to case plan compliance.
   82         3.The court to affirmatively determine what the barriers
   83  are to timely reunification, and address such barriers as
   84  frequently as needed to ensure compliance with the time
   85  limitations established in this chapter.
   86         (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
   87  the Legislature that the children of this state be provided with
   88  the following protections:
   89         (j)The ability to contact their guardian ad litem or
   90  attorney ad litem, if appointed, by having that individual’s
   91  name entered on all orders of the court.
   92         (7) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES.
   93  Parents, custodians, and guardians are deemed by the state to be
   94  responsible for providing their children with sufficient
   95  support, guidance, and supervision. The state further recognizes
   96  that the ability of parents, custodians, and guardians to
   97  fulfill those responsibilities can be greatly impaired by
   98  economic, social, behavioral, emotional, and related problems.
   99  It is therefore the policy of the Legislature that it is the
  100  state’s responsibility to ensure that factors impeding the
  101  ability of caregivers to fulfill their responsibilities are
  102  identified through the dependency process and that appropriate
  103  recommendations and services to address those problems are
  104  considered in any judicial or nonjudicial proceeding. The
  105  Legislature also recognizes that time is of the essence for
  106  establishing permanency for a child in the dependency system.
  107  Therefore, parents must take action to comply with the case plan
  108  so reunification with the child may occur within the shortest
  109  period of time possible, but not more than 1 year after removal
  110  or adjudication of the child, including by notifying the parties
  111  and the court of barriers to case plan compliance.
  112         Section 2. Subsection (30) of section 39.01, Florida
  113  Statutes, is amended to read:
  114         39.01 Definitions.—When used in this chapter, unless the
  115  context otherwise requires:
  116         (30) “Harm” to a child’s health or welfare can occur when
  117  any person:
  118         (a) Inflicts or allows to be inflicted upon the child
  119  physical, mental, or emotional injury. In determining whether
  120  harm has occurred, the following factors must be considered in
  121  evaluating any physical, mental, or emotional injury to a child:
  122  the age of the child; any prior history of injuries to the
  123  child; the location of the injury on the body of the child; the
  124  multiplicity of the injury; and the type of trauma inflicted.
  125  Such injury includes, but is not limited to:
  126         1. Willful acts that produce the following specific
  127  injuries:
  128         a. Sprains, dislocations, or cartilage damage.
  129         b. Bone or skull fractures.
  130         c. Brain or spinal cord damage.
  131         d. Intracranial hemorrhage or injury to other internal
  132  organs.
  133         e. Asphyxiation, suffocation, or drowning.
  134         f. Injury resulting from the use of a deadly weapon.
  135         g. Burns or scalding.
  136         h. Cuts, lacerations, punctures, or bites.
  137         i. Permanent or temporary disfigurement.
  138         j. Permanent or temporary loss or impairment of a body part
  139  or function.
  140  
  141  As used in this subparagraph, the term “willful” refers to the
  142  intent to perform an action, not to the intent to achieve a
  143  result or to cause an injury.
  144         2. Purposely giving a child poison, alcohol, drugs, or
  145  other substances that substantially affect the child’s behavior,
  146  motor coordination, or judgment or that result in sickness or
  147  internal injury. For the purposes of this subparagraph, the term
  148  “drugs” means prescription drugs not prescribed for the child or
  149  not administered as prescribed, and controlled substances as
  150  outlined in Schedule I or Schedule II of s. 893.03.
  151         3. Leaving a child without adult supervision or arrangement
  152  appropriate for the child’s age or mental or physical condition,
  153  so that the child is unable to care for the child’s own needs or
  154  another’s basic needs or is unable to exercise good judgment in
  155  responding to any kind of physical or emotional crisis.
  156         4. Inappropriate or excessively harsh disciplinary action
  157  that is likely to result in physical injury, mental injury as
  158  defined in this section, or emotional injury. The significance
  159  of any injury must be evaluated in light of the following
  160  factors: the age of the child; any prior history of injuries to
  161  the child; the location of the injury on the body of the child;
  162  the multiplicity of the injury; and the type of trauma
  163  inflicted. Corporal discipline may be considered excessive or
  164  abusive when it results in any of the following or other similar
  165  injuries:
  166         a. Sprains, dislocations, or cartilage damage.
  167         b. Bone or skull fractures.
  168         c. Brain or spinal cord damage.
  169         d. Intracranial hemorrhage or injury to other internal
  170  organs.
  171         e. Asphyxiation, suffocation, or drowning.
  172         f. Injury resulting from the use of a deadly weapon.
  173         g. Burns or scalding.
  174         h. Cuts, lacerations, punctures, or bites.
  175         i. Permanent or temporary disfigurement.
  176         j. Permanent or temporary loss or impairment of a body part
  177  or function.
  178         k. Significant bruises or welts.
  179         (b) Commits, or allows to be committed, sexual battery, as
  180  defined in chapter 794, or lewd or lascivious acts, as defined
  181  in chapter 800, against the child.
  182         (c) Allows, encourages, or forces the sexual exploitation
  183  of a child, which includes allowing, encouraging, or forcing a
  184  child to:
  185         1. Solicit for or engage in prostitution; or
  186         2. Engage in a sexual performance, as defined by chapter
  187  827.
  188         (d) Exploits a child, or allows a child to be exploited, as
  189  provided in s. 450.151.
  190         (e) Abandons the child. Within the context of the
  191  definition of “harm,” the term “abandoned the child” or
  192  “abandonment of the child” means a situation in which the parent
  193  or legal custodian of a child or, in the absence of a parent or
  194  legal custodian, the caregiver, while being able, has made no
  195  significant contribution to the child’s care and maintenance or
  196  has failed to establish or maintain a substantial and positive
  197  relationship with the child, or both. For purposes of this
  198  paragraph, “establish or maintain a substantial and positive
  199  relationship” includes, but is not limited to, frequent and
  200  regular contact with the child through frequent and regular
  201  visitation or frequent and regular communication to or with the
  202  child, and the exercise of parental rights and responsibilities.
  203  Marginal efforts and incidental or token visits or
  204  communications are not sufficient to establish or maintain a
  205  substantial and positive relationship with a child. The term
  206  “abandoned” does not include a surrendered newborn infant as
  207  described in s. 383.50, a child in need of services as defined
  208  in chapter 984, or a family in need of services as defined in
  209  chapter 984. The incarceration, repeated incarceration, or
  210  extended incarceration of a parent, legal custodian, or
  211  caregiver responsible for a child’s welfare may support a
  212  finding of abandonment.
  213         (f) Neglects the child. Within the context of the
  214  definition of “harm,” the term “neglects the child” means that
  215  the parent or other person responsible for the child’s welfare
  216  fails to supply the child with adequate food, clothing, shelter,
  217  or health care, although financially able to do so or although
  218  offered financial or other means to do so. However, a parent or
  219  legal custodian who, by reason of the legitimate practice of
  220  religious beliefs, does not provide specified medical treatment
  221  for a child may not be considered abusive or neglectful for that
  222  reason alone, but such an exception does not:
  223         1. Eliminate the requirement that such a case be reported
  224  to the department;
  225         2. Prevent the department from investigating such a case;
  226  or
  227         3. Preclude a court from ordering, when the health of the
  228  child requires it, the provision of medical services by a
  229  physician, as defined in this section, or treatment by a duly
  230  accredited practitioner who relies solely on spiritual means for
  231  healing in accordance with the tenets and practices of a well
  232  recognized church or religious organization.
  233         (g) Exposes a child to a controlled substance or alcohol.
  234  Exposure to a controlled substance or alcohol is established by:
  235         1. A test, administered at birth, which indicated that the
  236  child’s blood, urine, or meconium contained any amount of
  237  alcohol or a controlled substance or metabolites of such
  238  substances, the presence of which was not the result of medical
  239  treatment administered to the mother or the newborn infant; or
  240         2. Evidence of extensive, abusive, and chronic use of a
  241  controlled substance or alcohol by a parent when the child is
  242  demonstrably adversely affected by such usage.
  243  
  244  As used in this paragraph, the term “controlled substance” means
  245  prescription drugs not prescribed for the parent or not
  246  administered as prescribed and controlled substances as outlined
  247  in Schedule I or Schedule II of s. 893.03.
  248         (h) Uses mechanical devices, unreasonable restraints, or
  249  extended periods of isolation to control a child.
  250         (i) Engages in violent behavior that demonstrates a wanton
  251  disregard for the presence of a child and could reasonably
  252  result in serious injury to the child.
  253         (j) Negligently fails to protect a child in his or her care
  254  from inflicted physical, mental, or sexual injury caused by the
  255  acts of another.
  256         (k) Has allowed a child’s sibling to die as a result of
  257  abuse, abandonment, or neglect.
  258         (l) Makes the child unavailable for the purpose of impeding
  259  or avoiding a protective investigation unless the court
  260  determines that the parent, legal custodian, or caregiver was
  261  fleeing from a situation involving domestic violence.
  262  
  263  Harm to a child’s health or welfare can also occur when a new
  264  child is born into the family during the course of an open
  265  dependency case where a parent or caregiver has been determined
  266  to not have protective capacity to safely care for the children
  267  in the home and has not substantially complied with the case
  268  plan toward successful reunification or met conditions for
  269  return of the children into the home.
  270         Section 3. Section 39.0136, Florida Statutes, is amended to
  271  read:
  272         39.0136 Time limitations; continuances.—
  273         (1) The Legislature finds that time is of the essence for
  274  establishing permanency for a child in the dependency system.
  275  Time limitations are a right of the child which may not be
  276  waived, extended, or continued at the request of any party
  277  except as provided in this section.
  278         (2)(a)All parties and the court must work together to
  279  ensure that permanency is achieved as soon as possible for every
  280  child through timely performance of their responsibilities under
  281  this chapter.
  282         (b)The department shall ensure that parents have the
  283  information necessary to contact their caseworker. When a new
  284  caseworker is assigned to a case, the caseworker shall make a
  285  timely and diligent effort to notify the parent and provide
  286  updated contact information.
  287         (3)(2) The time limitations in this chapter do not include:
  288         (a) Periods of delay resulting from a continuance granted
  289  at the request of the child’s counsel or the child’s guardian ad
  290  litem or, if the child is of sufficient capacity to express
  291  reasonable consent, at the request or with the consent of the
  292  child. The court must consider the best interests of the child
  293  when determining periods of delay under this section.
  294         (b) Periods of delay resulting from a continuance granted
  295  at the request of any party if the continuance is granted:
  296         1. Because of an unavailability of evidence that is
  297  material to the case if the requesting party has exercised due
  298  diligence to obtain evidence and there are substantial grounds
  299  to believe that the evidence will be available within 30 days.
  300  However, if the requesting party is not prepared to proceed
  301  within 30 days, any other party may move for issuance of an
  302  order to show cause or the court on its own motion may impose
  303  appropriate sanctions, which may include dismissal of the
  304  petition.
  305         2. To allow the requesting party additional time to prepare
  306  the case and additional time is justified because of an
  307  exceptional circumstance.
  308         (c) Reasonable periods of delay necessary to accomplish
  309  notice of the hearing to the child’s parent or legal custodian;
  310  however, the petitioner shall continue regular efforts to
  311  provide notice to the parents during the periods of delay.
  312         (4)(3) Notwithstanding subsection (3) (2), in order to
  313  expedite permanency for a child, the total time allowed for
  314  continuances or extensions of time, including continuances or
  315  extensions by the court on its own motion, may not exceed 60
  316  days within any 12-month period for proceedings conducted under
  317  this chapter.
  318         (a) A continuance or extension of time may be granted only
  319  for extraordinary circumstances in which it is necessary to
  320  preserve the constitutional rights of a party or if substantial
  321  evidence exists to demonstrate that without granting a
  322  continuance or extension of time the child’s best interests will
  323  be harmed.
  324         (b)An order entered under this section shall specify the
  325  new date for the continued hearing or deadline.
  326         (5)(4) Notwithstanding subsection (3) (2), a continuance or
  327  an extension of time is limited to the number of days absolutely
  328  necessary to complete a necessary task in order to preserve the
  329  rights of a party or the best interests of a child.
  330         Section 4. Paragraph (f) of subsection (14) and subsections
  331  (15) and (18) of section 39.402, Florida Statutes, are amended
  332  to read:
  333         39.402 Placement in a shelter.—
  334         (14) The time limitations in this section do not include:
  335         (f) Continuances or extensions of time may not total more
  336  than 60 days for all parties, and the court on its own motion,
  337  within any 12-month period during proceedings under this
  338  chapter. A continuance or extension beyond the 60 days may be
  339  granted only for extraordinary circumstances necessary to
  340  preserve the constitutional rights of a party or when
  341  substantial evidence demonstrates that the child’s best
  342  interests will be affirmatively harmed without the granting of a
  343  continuance or extension of time. When a continuance or
  344  extension is granted, the order shall specify the new date for
  345  the continued hearing or deadline.
  346         (15) The department, at the conclusion of the shelter
  347  hearing, shall make available to parents or legal custodians
  348  seeking voluntary services, any referral information necessary
  349  for participation in such identified services to allow the
  350  parents to begin the services immediately. The parents’ or legal
  351  custodians’ participation in the services shall not be
  352  considered an admission or other acknowledgment of the
  353  allegations in the shelter petition.
  354         (18) The court shall advise the parents in plain language
  355  what is expected of them to achieve reunification with their
  356  child, including that:,
  357         (a)Parents must take action to comply with the case plan
  358  so reunification with the child may occur within the shortest
  359  period of time possible, but not more than 1 year after removal
  360  or adjudication of the child.
  361         (b)Parents must stay in contact with their attorney and
  362  their caseworker. If the parents’ phone number, mailing address,
  363  or e-mail address changes, the parents must provide the attorney
  364  and caseworker with updated contact information.
  365         (c)Parents must notify the parties and the court of
  366  barriers to completing case plan tasks within a reasonable time
  367  after discovering such barriers.
  368         (d) If the parents fail to substantially comply with the
  369  case plan, their parental rights may be terminated and that the
  370  child’s out-of-home placement may become permanent.
  371         Section 5. Paragraph (c) of subsection (7) of section
  372  39.507, Florida Statutes, is amended to read:
  373         39.507 Adjudicatory hearings; orders of adjudication.—
  374         (7)
  375         (c) If a court adjudicates a child dependent and the child
  376  is in out-of-home care, the court shall inquire of the parent or
  377  parents whether the parents have relatives who might be
  378  considered as a placement for the child. The parent or parents
  379  shall provide the court and all parties with identification and
  380  location information for such relatives. The court shall advise
  381  the parents in plain language that:,
  382         1.Parents must take action to comply with the case plan so
  383  reunification with the child may occur within the shortest
  384  period of time possible, but not more than 1 year after removal
  385  or adjudication of the child.
  386         2.Parents must stay in contact with their attorney and
  387  their caseworker. If the parents’ phone number, mailing address,
  388  or e-mail address changes, the parents must provide the attorney
  389  and caseworker with updated contact information.
  390         3.Parents must notify the parties and the court of
  391  barriers to completing case plan tasks within a reasonable time
  392  after discovering such barriers.
  393         4. If the parents fail to substantially comply with the
  394  case plan, their parental rights may be terminated and that the
  395  child’s out-of-home placement may become permanent. The parent
  396  or parents shall provide to the court and all parties
  397  identification and location information of the relatives.
  398         Section 6. Paragraph (a) of subsection (1) of section
  399  39.521, Florida Statutes, is amended to read:
  400         39.521 Disposition hearings; powers of disposition.—
  401         (1) A disposition hearing shall be conducted by the court,
  402  if the court finds that the facts alleged in the petition for
  403  dependency were proven in the adjudicatory hearing, or if the
  404  parents or legal custodians have consented to the finding of
  405  dependency or admitted the allegations in the petition, have
  406  failed to appear for the arraignment hearing after proper
  407  notice, or have not been located despite a diligent search
  408  having been conducted.
  409         (a) A written case plan and a family functioning assessment
  410  prepared by an authorized agent of the department must be
  411  approved by the court. The department must file the case plan
  412  and the family functioning assessment with the court, serve
  413  copies a copy of the case plan on the parents of the child, and
  414  provide copies a copy of the case plan to the representative of
  415  the guardian ad litem program, if the program has been
  416  appointed, and copies a copy to all other parties:
  417         1. Not less than 72 hours before the disposition hearing,
  418  if the disposition hearing occurs on or after the 60th day after
  419  the date the child was placed in out-of-home care. All such case
  420  plans must be approved by the court.
  421         2. Not less than 72 hours before the case plan acceptance
  422  hearing, if the disposition hearing occurs before the 60th day
  423  after the date the child was placed in out-of-home care and a
  424  case plan has not been submitted pursuant to this paragraph, or
  425  if the court does not approve the case plan at the disposition
  426  hearing. The case plan acceptance hearing must occur within 30
  427  days after the disposition hearing to review and approve the
  428  case plan.
  429         Section 7. Subsection (1) of section 39.522, Florida
  430  Statutes, is amended to read:
  431         39.522 Postdisposition change of custody.—The court may
  432  change the temporary legal custody or the conditions of
  433  protective supervision at a postdisposition hearing, without the
  434  necessity of another adjudicatory hearing.
  435         (1) At any time before a child achieves the permanency
  436  placement approved at the permanency hearing, a child who has
  437  been placed in the child’s own home under the protective
  438  supervision of an authorized agent of the department, in the
  439  home of a relative, in the home of a legal custodian, or in some
  440  other place may be brought before the court by the department or
  441  by any other interested person, upon the filing of a motion
  442  petition alleging a need for a change in the conditions of
  443  protective supervision or the placement. If the parents or other
  444  legal custodians deny the need for a change, the court shall
  445  hear all parties in person or by counsel, or both. Upon the
  446  admission of a need for a change or after such hearing, the
  447  court shall enter an order changing the placement, modifying the
  448  conditions of protective supervision, or continuing the
  449  conditions of protective supervision as ordered. The standard
  450  for changing custody of the child shall be the best interest of
  451  the child. When applying this standard, the court shall consider
  452  the continuity of the child’s placement in the same out-of-home
  453  residence as a factor when determining the best interests of the
  454  child. If the child is not placed in foster care, then the new
  455  placement for the child must meet the home study criteria and
  456  court approval pursuant to this chapter.
  457         Section 8. Present subsections (4) through (8) of section
  458  39.6011, Florida Statutes, are redesignated as subsections (5)
  459  through (9), respectively, a new subsection (4) is added to that
  460  section, and paragraph (e) of subsection (2), subsection (3),
  461  and present subsection (6) of that section are amended, to read:
  462         39.6011 Case plan development.—
  463         (2) The case plan must be written simply and clearly in
  464  English and, if English is not the principal language of the
  465  child’s parent, to the extent possible in the parent’s principal
  466  language. Each case plan must contain:
  467         (e) A written notice to the parent that it is the parents’
  468  responsibility to take action to comply with the case plan so
  469  reunification with the child may occur within the shortest
  470  period of time possible, but not more than 1 year after removal
  471  or adjudication of the child; the parent must notify the parties
  472  and the court of barriers to completing case plan tasks within a
  473  reasonable time after discovering such barriers; failure of the
  474  parent to substantially comply with the case plan may result in
  475  the termination of parental rights;, and that a material breach
  476  of the case plan by the parent’s action or inaction may result
  477  in the filing of a petition for termination of parental rights
  478  sooner than the compliance period set forth in the case plan.
  479         (3) The case plan must be signed by all parties, except
  480  that the signature of a child may be waived if the child is not
  481  of an age or capacity to participate in the case-planning
  482  process. Signing the case plan constitutes an acknowledgment
  483  that the case plan has been developed by the parties and that
  484  they are in agreement as to the terms and conditions contained
  485  in the case plan. The refusal of a parent to sign the case plan
  486  does not prevent the court from accepting the case plan if the
  487  case plan is otherwise acceptable to the court. Signing the case
  488  plan does not constitute an admission to any allegation of
  489  abuse, abandonment, or neglect and does not constitute consent
  490  to a finding of dependency or termination of parental rights.
  491         (4) Before signing the case plan, the department shall
  492  explain the provisions of the plan to all persons involved in
  493  its implementation, including, when appropriate, the child. The
  494  department shall ensure that the parent has contact information
  495  for all entities necessary to complete the tasks in the plan.
  496  The department shall explain the strategies included in the plan
  497  that the parent can use to overcome barriers to case plan
  498  compliance and that if a barrier is discovered and the parties
  499  are not actively working to overcome such barrier, the parent
  500  must notify the parties and the court within a reasonable time
  501  after discovering such barrier.
  502         (7)(6) After the case plan has been developed, the
  503  department shall adhere to the following procedural
  504  requirements:
  505         (a) If the parent’s substantial compliance with the case
  506  plan requires the department to provide services to the parents
  507  or the child and the parents agree to begin compliance with the
  508  case plan before the case plan’s acceptance by the court, the
  509  department shall make the appropriate referrals for services
  510  that will allow the parents to begin the agreed-upon tasks and
  511  services immediately.
  512         (b)All other referrals for services shall be completed as
  513  soon as possible, but not more than 7 days after the date of the
  514  case plan approval, unless the case plan specifies that a task
  515  may not be undertaken until another specified task has been
  516  completed.
  517         (c)(b) After the case plan has been agreed upon and signed
  518  by the parties, a copy of the plan must be given immediately to
  519  the parties, including the child if appropriate, and to other
  520  persons as directed by the court.
  521         1. A case plan must be prepared, but need not be submitted
  522  to the court, for a child who will be in care no longer than 30
  523  days unless that child is placed in out-of-home care a second
  524  time within a 12-month period.
  525         2. In each case in which a child has been placed in out-of
  526  home care, a case plan must be prepared within 60 days after the
  527  department removes the child from the home and shall be
  528  submitted to the court before the disposition hearing for the
  529  court to review and approve.
  530         3. After jurisdiction attaches, all case plans must be
  531  filed with the court, and a copy provided to all the parties
  532  whose whereabouts are known, not less than 3 business days
  533  before the disposition hearing. The department shall file with
  534  the court, and provide copies to the parties, all case plans
  535  prepared before jurisdiction of the court attached.
  536         Section 9. Paragraph (b) of subsection (1) of section
  537  39.6012, Florida Statutes, is amended, and paragraph (d) is
  538  added to subsection (1) of that section, to read:
  539         39.6012 Case plan tasks; services.—
  540         (1) The services to be provided to the parent and the tasks
  541  that must be completed are subject to the following:
  542         (b) The case plan must describe each of the tasks with
  543  which the parent must comply and the services to be provided to
  544  the parent, specifically addressing the identified problem,
  545  including:
  546         1. The type of services or treatment.
  547         2. The date the department will provide each service or
  548  referral for the service if the service is being provided by the
  549  department or its agent.
  550         3. The date by which the parent must complete each task.
  551         4. The frequency of services or treatment provided. The
  552  frequency of the delivery of services or treatment provided
  553  shall be determined by the professionals providing the services
  554  or treatment on a case-by-case basis and adjusted according to
  555  their best professional judgment.
  556         5. The location of the delivery of the services.
  557         6. The staff of the department or service provider
  558  accountable for the services or treatment.
  559         7. A description of the measurable objectives, including
  560  the timeframes specified for achieving the objectives of the
  561  case plan and addressing the identified problem.
  562         8.Strategies to overcome barriers to case plan compliance,
  563  including, but not limited to, the provision of contact
  564  information, information on acceptable alternative services or
  565  providers, and an explanation that the parent must notify the
  566  parties within a reasonable time of discovering a barrier that
  567  the parties are not actively working to overcome.
  568         (d) Parents must provide accurate contact information to
  569  the department or the contracted case management agency and
  570  update such information as appropriate. Parents must make
  571  proactive contact with the department or the contracted case
  572  management agency at least every 14 calendar days to provide
  573  information on the status of case plan task completion, barriers
  574  to completion, and plans toward reunification.
  575         Section 10. Present subsection (6) of section 39.6013,
  576  Florida Statutes, is redesignated as subsection (7), a new
  577  subsection (6) is added to that section, and present subsection
  578  (7) is amended, to read:
  579         39.6013 Case plan amendments.—
  580         (6) When determining whether to amend the case plan, the
  581  court must consider the length of time the case has been open,
  582  level of parental engagement to date, number of case plan tasks
  583  complied with, child’s type of placement and attachment, and
  584  potential for successful reunification.
  585         (8)(7) Amendments must include service interventions that
  586  are the least intrusive into the life of the parent and child,
  587  must focus on clearly defined objectives, and must provide the
  588  most efficient path to quick reunification or permanent
  589  placement given the circumstances of the case and the child’s
  590  need for safe and proper care. A copy of the amended plan must
  591  be immediately given to the persons identified in s.
  592  39.6011(7)(c) s. 39.6011(6)(b).
  593         Section 11. Present subsections (7) through (10) of section
  594  39.621, Florida Statutes, are redesignated as subsections (8)
  595  through (11), respectively, subsection (5) and present
  596  subsections (9), (10), and (11) are amended, and a new
  597  subsection (7) is added to that section, to read:
  598         39.621 Permanency determination by the court.—
  599         (5) At the permanency hearing, the court shall determine:
  600         (a) Whether the current permanency goal for the child is
  601  appropriate or should be changed;
  602         (b) When the child will achieve one of the permanency
  603  goals; and
  604         (c) Whether the department has made reasonable efforts to
  605  finalize the permanency plan currently in effect; and.
  606         (d) Whether the frequency, duration, manner, and level of
  607  engagement of the parent or legal guardian’s visitation with the
  608  child meets the case plan requirements.
  609         (7)If the court determines that the child’s goal is
  610  appropriate but the child will be in out-of-home care for more
  611  than 12 months before achieving permanency, in those cases where
  612  the goal is reunification or adoption, the court shall hold
  613  permanency status hearings for the child every 60 days until the
  614  child reaches permanency or the court makes a determination that
  615  it is in the child’s best interest to change the permanency
  616  goal.
  617         (10)(9) The case plan must list the tasks necessary to
  618  finalize the permanency placement and shall be updated at the
  619  permanency hearing unless the child will achieve permanency
  620  within 60 days after the hearing if necessary. If a concurrent
  621  case plan is in place, the court may choose between the
  622  permanency goal options presented and shall approve the goal
  623  that is in the child’s best interest.
  624         (11)(10) The permanency placement is intended to continue
  625  until the child reaches the age of majority and may not be
  626  disturbed absent a finding by the court that the circumstances
  627  of the permanency placement are no longer in the best interest
  628  of the child.
  629         (a) If, after a child has achieved the permanency placement
  630  approved at the permanency hearing, a parent who has not had his
  631  or her parental rights terminated makes a motion for
  632  reunification or increased contact with the child, the court
  633  shall hold a hearing to determine whether the dependency case
  634  should be reopened and whether there should be a modification of
  635  the order.
  636         (b) At the hearing, the parent must demonstrate that the
  637  safety, well-being, and physical, mental, and emotional health
  638  of the child is not endangered by the modification.
  639         (c)(11) The court shall base its decision concerning any
  640  motion by a parent for reunification or increased contact with a
  641  child on the effect of the decision on the safety, well-being,
  642  and physical and emotional health of the child. Factors that
  643  must be considered and addressed in the findings of fact of the
  644  order on the motion must include:
  645         1.(a) The compliance or noncompliance of the parent with
  646  the case plan;
  647         2.(b) The circumstances which caused the child’s dependency
  648  and whether those circumstances have been resolved;
  649         3.(c) The stability and longevity of the child’s placement;
  650         4.(d) The preferences of the child, if the child is of
  651  sufficient age and understanding to express a preference;
  652         5.(e) The recommendation of the current custodian; and
  653         6.(f) The recommendation of the guardian ad litem, if one
  654  has been appointed.
  655         Section 12. Paragraph (d) of subsection (2) of section
  656  39.701, Florida Statutes, is amended to read:
  657         39.701 Judicial review.—
  658         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
  659  AGE.—
  660         (d) Orders.—
  661         1. Based upon the criteria set forth in paragraph (c) and
  662  the recommended order of the citizen review panel, if any, the
  663  court shall determine whether or not the social service agency
  664  shall initiate proceedings to have a child declared a dependent
  665  child, return the child to the parent, continue the child in
  666  out-of-home care for a specified period of time, or initiate
  667  termination of parental rights proceedings for subsequent
  668  placement in an adoptive home. Amendments to the case plan must
  669  be prepared as prescribed in s. 39.6013. If the court finds that
  670  the prevention or reunification efforts of the department will
  671  allow the child to remain safely at home or be safely returned
  672  to the home, the court shall allow the child to remain in or
  673  return to the home after making a specific finding of fact that
  674  the reasons for the creation of the case plan have been remedied
  675  to the extent that the child’s safety, well-being, and physical,
  676  mental, and emotional health will not be endangered.
  677         2. The court shall return the child to the custody of the
  678  parents at any time it determines that they have substantially
  679  complied with the case plan, if the court is satisfied that
  680  reunification will not be detrimental to the child’s safety,
  681  well-being, and physical, mental, and emotional health.
  682         3. If, in the opinion of the court, the social service
  683  agency has not complied with its obligations as specified in the
  684  written case plan, the court may find the social service agency
  685  in contempt, shall order the social service agency to submit its
  686  plans for compliance with the agreement, and shall require the
  687  social service agency to show why the child could not safely be
  688  returned to the home of the parents.
  689         4. If, at any judicial review, the court finds that the
  690  parents have failed to substantially comply with the case plan
  691  to the degree that further reunification efforts are without
  692  merit and not in the best interest of the child, on its own
  693  motion, the court may order the filing of a petition for
  694  termination of parental rights, whether or not the time period
  695  as contained in the case plan for substantial compliance has
  696  expired.
  697         5. Within 6 months after the date that the child was placed
  698  in shelter care, the court shall conduct a judicial review
  699  hearing to review the child’s permanency goal as identified in
  700  the case plan. At the hearing the court shall make written
  701  findings regarding the parent or legal guardian’s compliance
  702  with the case plan and demonstrable change in parental capacity
  703  to achieve timely reunification likelihood of the child’s
  704  reunification with the parent or legal custodian within 12
  705  months after the removal of the child from the home. The court
  706  shall consider the frequency, duration, manner, and level of
  707  engagement of the parent or legal custodian’s visitation with
  708  the child in compliance with the case plan. If the court makes a
  709  written finding that it is not likely that the child will be
  710  reunified with the parent or legal custodian within 12 months
  711  after the child was removed from the home, the department must
  712  file with the court, and serve on all parties, a motion to amend
  713  the case plan under s. 39.6013 and declare that it will use
  714  concurrent planning for the case plan. The department must file
  715  the motion within 10 business days after receiving the written
  716  finding of the court. The department must attach the proposed
  717  amended case plan to the motion. If concurrent planning is
  718  already being used, the department must file with the court, and
  719  serve on all parties, a motion to amend the case plan to reflect
  720  the concurrent goal as the child’s primary permanency goal,
  721  document the efforts the department is taking to complete the
  722  concurrent goal, and identify any additional services needed to
  723  reach the permanency goal by a date certain. The court may allow
  724  the parties to continue to pursue a secondary goal if the court
  725  determines that is in the best interest of the child case plan
  726  must document the efforts the department is taking to complete
  727  the concurrent goal.
  728         6. The court may issue a protective order in assistance, or
  729  as a condition, of any other order made under this part. In
  730  addition to the requirements included in the case plan, the
  731  protective order may set forth requirements relating to
  732  reasonable conditions of behavior to be observed for a specified
  733  period of time by a person or agency who is before the court;
  734  and the order may require any person or agency to make periodic
  735  reports to the court containing such information as the court in
  736  its discretion may prescribe.
  737         Section 13. Paragraph (e) of subsection (1) of section
  738  39.806, Florida Statutes, is amended to read:
  739         39.806 Grounds for termination of parental rights.—
  740         (1) Grounds for the termination of parental rights may be
  741  established under any of the following circumstances:
  742         (e) When a child has been adjudicated dependent, a case
  743  plan has been filed with the court, and:
  744         1. The child continues to be abused, neglected, or
  745  abandoned by the parent or parents. The failure of the parent or
  746  parents to substantially comply with the case plan for a period
  747  of 12 months after an adjudication of the child as a dependent
  748  child or the child’s placement into shelter care, whichever
  749  occurs first, constitutes evidence of continuing abuse, neglect,
  750  or abandonment unless the failure to substantially comply with
  751  the case plan was due to the parent’s lack of financial
  752  resources or to the failure of the department to make reasonable
  753  efforts to reunify the parent and child. The 12-month period
  754  begins to run only after the child’s placement into shelter care
  755  or the entry of a disposition order placing the custody of the
  756  child with the department or a person other than the parent and
  757  the court’s approval of a case plan having the goal of
  758  reunification with the parent, whichever occurs first; or
  759         2. The parent or parents have materially breached the case
  760  plan by their action or inaction. Time is of the essence for
  761  permanency of children in the dependency system. In order to
  762  prove the parent or parents have materially breached the case
  763  plan, the court must find by clear and convincing evidence that
  764  the parent or parents are unlikely or unable to substantially
  765  comply with the case plan before time to comply with the case
  766  plan expires.
  767         3. The child has been in care for any 12 of the last 22
  768  months and the parents have not substantially complied with the
  769  case plan so as to permit reunification under s. 39.522(2)
  770  unless the failure to substantially comply with the case plan
  771  was due to the parent’s lack of financial resources or to the
  772  failure of the department to make reasonable efforts to reunify
  773  the parent and child.
  774         Section 14. Subsection (5) of section 39.811, Florida
  775  Statutes, is amended to read:
  776         39.811 Powers of disposition; order of disposition.—
  777         (5) If the court terminates parental rights, the court
  778  shall enter a written order of disposition within 30 days after
  779  conclusion of the hearing briefly stating the facts upon which
  780  its decision to terminate the parental rights is made. An order
  781  of termination of parental rights, whether based on parental
  782  consent or after notice served as prescribed in this part,
  783  permanently deprives the parents of any right to the child.
  784         Section 15. This act shall take effect July 1, 2018.