Florida Senate - 2019                              CS for SB 262
       
       
        
       By the Committee on Judiciary; and Senator Albritton
       
       
       
       
       
       590-02492-19                                           2019262c1
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.001,
    3         F.S.; providing for the name of a child’s guardian ad
    4         litem or attorney ad litem to be entered on court
    5         orders in dependency proceedings; amending s. 39.0136,
    6         F.S.; requiring cooperation between certain parties
    7         and the court to achieve permanency for a child as
    8         soon as possible; requiring the Department of Children
    9         and Families to ensure that parents have the
   10         information necessary to contact their case manager;
   11         requiring that a new case manager who is assigned to a
   12         case notify the parent and provide updated contact
   13         information; specifying that continuances and
   14         extensions of time by the court on its own motion may
   15         not exceed a certain period of time; amending s.
   16         39.402, F.S.; specifying that time limitations
   17         governing placement of a child in a shelter do not
   18         include continuances requested by the court; requiring
   19         the court to advise parents in plain language what is
   20         expected of them to achieve reunification with their
   21         child; expanding the requirements that parents must
   22         meet to achieve reunification with their child;
   23         amending s. 39.507, F.S.; requiring the court during
   24         an adjudicatory hearing to advise parents in plain
   25         language of certain requirements to achieve permanency
   26         with their child; expanding the requirements that
   27         parents must meet to achieve reunification with their
   28         child; amending s. 39.521, F.S.; requiring the
   29         department to serve copies of the case plan and the
   30         family functioning assessment on the parents of the
   31         child and provide copies of the plan and assessment to
   32         the other parties; amending s. 39.522, F.S.;
   33         specifying that a postdisposition hearing, if needed,
   34         must occur before a child achieves a permanency
   35         placement; amending s. 39.6011, F.S.; requiring that
   36         the written notice in a case plan include certain
   37         responsibilities and actions required of the parents
   38         and inform the parent that a breach of the case plan
   39         by the parent’s action or inaction may result in an
   40         earlier filing of a petition for termination of
   41         parental rights; requiring the department to ensure
   42         that the parent has certain contact information and to
   43         explain certain strategies included in the case plan;
   44         providing a timeframe for referrals for services;
   45         amending s. 39.6012, F.S.; expanding the tasks and
   46         services a case plan must describe; amending s.
   47         39.6013, F.S.; conforming a cross-reference; amending
   48         s. 39.621, F.S.; requiring the court to hold
   49         permanency hearings within specified timeframes;
   50         requiring that the case plan be updated at a
   51         permanency hearing unless the child will achieve
   52         permanency within a specified timeframe; amending s.
   53         39.806, F.S.; specifying that grounds for termination
   54         of parental rights may be established when a case plan
   55         is materially breached by a parent or parents’ action
   56         or inaction; amending s. 39.811, F.S.; requiring the
   57         court to enter a written order of disposition within a
   58         specified timeframe following termination of parental
   59         rights; providing an effective date.
   60  
   61  Be It Enacted by the Legislature of the State of Florida:
   62  
   63         Section 1. Subsection (7) of section 39.001, Florida
   64  Statutes, is amended, and paragraph (j) is added to subsection
   65  (3) of that section, to read:
   66         39.001 Purposes and intent; personnel standards and
   67  screening.—
   68         (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
   69  the Legislature that the children of this state be provided with
   70  the following protections:
   71         (j)The ability to contact their guardian ad litem or
   72  attorney ad litem, if appointed, by having that individual’s
   73  name entered on all orders of the court.
   74         (7) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES.
   75  Parents, custodians, and guardians are deemed by the state to be
   76  responsible for providing their children with sufficient
   77  support, guidance, and supervision. The state further recognizes
   78  that the ability of parents, custodians, and guardians to
   79  fulfill those responsibilities can be greatly impaired by
   80  economic, social, behavioral, emotional, and related problems.
   81  It is therefore the policy of the Legislature that it is the
   82  state’s responsibility to ensure that factors impeding the
   83  ability of caregivers to fulfill their responsibilities are
   84  identified through the dependency process and that appropriate
   85  recommendations and services to address those problems are
   86  considered in any judicial or nonjudicial proceeding. The
   87  Legislature also recognizes that time is of the essence for
   88  establishing permanency for a child in the dependency system.
   89  Therefore, parents must take action to comply with the case plan
   90  so permanency with the child may occur within the shortest
   91  period of time possible, but no later than 1 year after removal
   92  or adjudication of the child, including by notifying the parties
   93  and the court of barriers to case plan compliance.
   94         Section 2. Section 39.0136, Florida Statutes, is amended to
   95  read:
   96         39.0136 Time limitations; continuances.—
   97         (1) The Legislature finds that time is of the essence for
   98  establishing permanency for a child in the dependency system.
   99  Time limitations are a right of the child which may not be
  100  waived, extended, or continued at the request of any party
  101  except as provided in this section.
  102         (2)(a)All parties and the court must work together to
  103  ensure that permanency is achieved as soon as possible for every
  104  child through timely performance of their responsibilities under
  105  this chapter.
  106         (b)The department shall ensure that parents have the
  107  information necessary to contact their case manager. When a new
  108  case manager is assigned to a case, the case manager must make a
  109  timely and diligent effort to notify the parent and provide
  110  updated contact information.
  111         (3)(2) The time limitations in this chapter do not include:
  112         (a) Periods of delay resulting from a continuance granted
  113  at the request of the child’s counsel or the child’s guardian ad
  114  litem or, if the child is of sufficient capacity to express
  115  reasonable consent, at the request or with the consent of the
  116  child. The court must consider the best interests of the child
  117  when determining periods of delay under this section.
  118         (b) Periods of delay resulting from a continuance granted
  119  at the request of any party if the continuance is granted:
  120         1. Because of an unavailability of evidence that is
  121  material to the case if the requesting party has exercised due
  122  diligence to obtain evidence and there are substantial grounds
  123  to believe that the evidence will be available within 30 days.
  124  However, if the requesting party is not prepared to proceed
  125  within 30 days, any other party may move for issuance of an
  126  order to show cause or the court on its own motion may impose
  127  appropriate sanctions, which may include dismissal of the
  128  petition.
  129         2. To allow the requesting party additional time to prepare
  130  the case and additional time is justified because of an
  131  exceptional circumstance.
  132         (c) Reasonable periods of delay necessary to accomplish
  133  notice of the hearing to the child’s parent or legal custodian;
  134  however, the petitioner shall continue regular efforts to
  135  provide notice to the parents during the periods of delay.
  136         (4)(3) Notwithstanding subsection (3) (2), in order to
  137  expedite permanency for a child, the total time allowed for
  138  continuances or extensions of time, including continuances or
  139  extensions by the court on its own motion, may not exceed 60
  140  days within any 12-month period for proceedings conducted under
  141  this chapter. A continuance or extension of time may be granted
  142  only for extraordinary circumstances in which it is necessary to
  143  preserve the constitutional rights of a party or if substantial
  144  evidence exists to demonstrate that without granting a
  145  continuance or extension of time the child’s best interests will
  146  be harmed.
  147         (5)(4) Notwithstanding subsection (3) (2), a continuance or
  148  an extension of time is limited to the number of days absolutely
  149  necessary to complete a necessary task in order to preserve the
  150  rights of a party or the best interests of a child.
  151         Section 3. Paragraph (f) of subsection (14) and subsections
  152  (15) and (18) of section 39.402, Florida Statutes, are amended
  153  to read:
  154         39.402 Placement in a shelter.—
  155         (14) The time limitations in this section do not include:
  156         (f) Continuances or extensions of time may not total more
  157  than 60 days for all parties and the court on its own motion
  158  within any 12-month period during proceedings under this
  159  chapter. A continuance or extension beyond the 60 days may be
  160  granted only for extraordinary circumstances necessary to
  161  preserve the constitutional rights of a party or when
  162  substantial evidence demonstrates that the child’s best
  163  interests will be affirmatively harmed without the granting of a
  164  continuance or extension of time.
  165         (15) The department, at the conclusion of the shelter
  166  hearing, shall make available to parents or legal custodians
  167  seeking voluntary services, any referral information necessary
  168  for participation in such identified services to allow the
  169  parents or legal custodians to begin the services as soon as
  170  possible. The parents’ or legal custodians’ participation in the
  171  services may shall not be considered an admission or other
  172  acknowledgment of the allegations in the shelter petition.
  173         (18) The court shall advise the parents in plain language
  174  what is expected of them to achieve reunification with their
  175  child, including that:,
  176         (a)Parents must take action to comply with the case plan
  177  so permanency with the child may occur within the shortest
  178  period of time possible, but no later than 1 year after removal
  179  or adjudication of the child.
  180         (b)Parents must stay in contact with their attorney and
  181  their case manager and provide updated contact information if
  182  the parents’ phone number, address, or e-mail address changes.
  183         (c)Parents must notify the parties and the court of
  184  barriers to completing case plan tasks within a reasonable time
  185  after discovering such barriers.
  186         (d) If the parents fail to substantially comply with the
  187  case plan, their parental rights may be terminated and that the
  188  child’s out-of-home placement may become permanent.
  189         Section 4. Paragraph (c) of subsection (7) of section
  190  39.507, Florida Statutes, is amended to read:
  191         39.507 Adjudicatory hearings; orders of adjudication.—
  192         (7)
  193         (c) If a court adjudicates a child dependent and the child
  194  is in out-of-home care, the court shall inquire of the parent or
  195  parents whether the parents have relatives who might be
  196  considered as a placement for the child. The parent or parents
  197  shall provide the court and all parties with identification and
  198  location information for such relatives. The court shall advise
  199  the parents in plain language that:,
  200         1.Parents must take action to comply with the case plan so
  201  permanency with the child may occur within the shortest period
  202  of time possible, but no later than 1 year after removal or
  203  adjudication of the child.
  204         2.Parents must stay in contact with their attorney and
  205  their case manager and provide updated contact information if
  206  the parents’ phone number, address, or e-mail address changes.
  207         3.Parents must notify the parties and the court of
  208  barriers to completing case plan tasks within a reasonable time
  209  after discovering such barriers.
  210         4. If the parents fail to substantially comply with the
  211  case plan, their parental rights may be terminated and that the
  212  child’s out-of-home placement may become permanent. The parent
  213  or parents shall provide to the court and all parties
  214  identification and location information of the relatives.
  215         Section 5. Paragraph (a) of subsection (1) of section
  216  39.521, Florida Statutes, is amended to read:
  217         39.521 Disposition hearings; powers of disposition.—
  218         (1) A disposition hearing shall be conducted by the court,
  219  if the court finds that the facts alleged in the petition for
  220  dependency were proven in the adjudicatory hearing, or if the
  221  parents or legal custodians have consented to the finding of
  222  dependency or admitted the allegations in the petition, have
  223  failed to appear for the arraignment hearing after proper
  224  notice, or have not been located despite a diligent search
  225  having been conducted.
  226         (a) A written case plan and a family functioning assessment
  227  prepared by an authorized agent of the department must be
  228  approved by the court. The department must file the case plan
  229  and the family functioning assessment with the court, serve
  230  copies a copy of the case plan on the parents of the child, and
  231  provide copies a copy of the case plan to the representative of
  232  the guardian ad litem program, if the program has been
  233  appointed, and a copy to all other parties:
  234         1. Not less than 72 hours before the disposition hearing,
  235  if the disposition hearing occurs on or after the 60th day after
  236  the date the child was placed in out-of-home care. All such case
  237  plans must be approved by the court.
  238         2. Not less than 72 hours before the case plan acceptance
  239  hearing, if the disposition hearing occurs before the 60th day
  240  after the date the child was placed in out-of-home care and a
  241  case plan has not been submitted pursuant to this paragraph, or
  242  if the court does not approve the case plan at the disposition
  243  hearing. The case plan acceptance hearing must occur within 30
  244  days after the disposition hearing to review and approve the
  245  case plan.
  246         Section 6. Subsection (1) of section 39.522, Florida
  247  Statutes, is amended to read:
  248         39.522 Postdisposition change of custody.—The court may
  249  change the temporary legal custody or the conditions of
  250  protective supervision at a postdisposition hearing, without the
  251  necessity of another adjudicatory hearing.
  252         (1) At any time before a child achieves the permanency
  253  placement approved at the permanency hearing, a child who has
  254  been placed in the child’s own home under the protective
  255  supervision of an authorized agent of the department, in the
  256  home of a relative, in the home of a legal custodian, or in some
  257  other place may be brought before the court by the department or
  258  by any other interested person, upon the filing of a motion
  259  petition alleging a need for a change in the conditions of
  260  protective supervision or the placement. If the parents or other
  261  legal custodians deny the need for a change, the court shall
  262  hear all parties in person or by counsel, or both. Upon the
  263  admission of a need for a change or after such hearing, the
  264  court shall enter an order changing the placement, modifying the
  265  conditions of protective supervision, or continuing the
  266  conditions of protective supervision as ordered. The standard
  267  for changing custody of the child shall be the best interest of
  268  the child. When applying this standard, the court shall consider
  269  the continuity of the child’s placement in the same out-of-home
  270  residence as a factor when determining the best interests of the
  271  child. If the child is not placed in foster care, then the new
  272  placement for the child must meet the home study criteria and
  273  court approval pursuant to this chapter.
  274         Section 7. Present subsections (4) through (8) of section
  275  39.6011, Florida Statutes, are redesignated as subsections (5)
  276  through (9), respectively, paragraph (e) of subsection (2) and
  277  present subsection (6) of that section are amended, and a new
  278  subsection (4) is added to that section, to read:
  279         39.6011 Case plan development.—
  280         (2) The case plan must be written simply and clearly in
  281  English and, if English is not the principal language of the
  282  child’s parent, to the extent possible in the parent’s principal
  283  language. Each case plan must contain:
  284         (e)  A written notice to the parent that it is the parent’s
  285  responsibility to take action to comply with the case plan so
  286  permanency with the child may occur within the shortest period
  287  of time possible, but no later than 1 year after removal or
  288  adjudication of the child; the parent must notify the parties
  289  and the court of barriers to completing case plan tasks within a
  290  reasonable time after discovering such barriers if the parties
  291  are not actively working to overcome them; failure of the parent
  292  to substantially comply with the case plan may result in the
  293  termination of parental rights;, and that a material breach of
  294  the case plan by the parent’s action or inaction may result in
  295  the filing of a petition for termination of parental rights
  296  sooner than the compliance period set forth in the case plan.
  297         (4)Before signing the case plan, the department shall
  298  explain the provisions of the plan to all persons involved in
  299  its implementation, including, when appropriate, the child. The
  300  department shall ensure that the parent has contact information
  301  for all entities necessary to complete the tasks in the plan.
  302  The department shall explain the strategies included in the plan
  303  which the parent can use to overcome barriers to case plan
  304  compliance and shall explain that if a barrier is discovered and
  305  the parties are not actively working to overcome such barrier,
  306  the parent must notify the parties and the court within a
  307  reasonable time after discovering such barrier.
  308         (7)(6) After the case plan has been developed, the
  309  department shall adhere to the following procedural
  310  requirements:
  311         (a) If the parent’s substantial compliance with the case
  312  plan requires the department to provide services to the parents
  313  or the child and the parents agree to begin compliance with the
  314  case plan before the case plan’s acceptance by the court, the
  315  department shall make the appropriate referrals for services
  316  that will allow the parents to begin the agreed-upon tasks and
  317  services immediately.
  318         (b)All other referrals for services must be completed as
  319  soon as possible, but no later than 7 days after the date of the
  320  case plan approval, unless the case plan specifies that a task
  321  may not be undertaken until another specified task has been
  322  completed or otherwise approved by the court.
  323         (c)(b) After the case plan has been agreed upon and signed
  324  by the parties, a copy of the plan must be given immediately to
  325  the parties, including the child if appropriate, and to other
  326  persons as directed by the court.
  327         1. A case plan must be prepared, but need not be submitted
  328  to the court, for a child who will be in care no longer than 30
  329  days unless that child is placed in out-of-home care a second
  330  time within a 12-month period.
  331         2. In each case in which a child has been placed in out-of
  332  home care, a case plan must be prepared within 60 days after the
  333  department removes the child from the home and shall be
  334  submitted to the court before the disposition hearing for the
  335  court to review and approve.
  336         3. After jurisdiction attaches, all case plans must be
  337  filed with the court, and a copy provided to all the parties
  338  whose whereabouts are known, not less than 3 business days
  339  before the disposition hearing. The department shall file with
  340  the court, and provide copies to the parties, all case plans
  341  prepared before jurisdiction of the court attached.
  342         Section 8. Paragraph (b) of subsection (1) of section
  343  39.6012, Florida Statutes, is amended to read:
  344         39.6012 Case plan tasks; services.—
  345         (1) The services to be provided to the parent and the tasks
  346  that must be completed are subject to the following:
  347         (b) The case plan must describe each of the tasks with
  348  which the parent must comply and the services to be provided to
  349  the parent, specifically addressing the identified problem,
  350  including:
  351         1. The type of services or treatment.
  352         2. The date the department will provide each service or
  353  referral for the service if the service is being provided by the
  354  department or its agent.
  355         3. The date by which the parent must complete each task.
  356         4. The frequency of services or treatment provided. The
  357  frequency of the delivery of services or treatment provided
  358  shall be determined by the professionals providing the services
  359  or treatment on a case-by-case basis and adjusted according to
  360  their best professional judgment.
  361         5. The location of the delivery of the services.
  362         6. The staff of the department or service provider
  363  accountable for the services or treatment.
  364         7. A description of the measurable objectives, including
  365  the timeframes specified for achieving the objectives of the
  366  case plan and addressing the identified problem.
  367         8.Strategies to overcome barriers to case plan compliance
  368  and an explanation that the parent must notify the parties and
  369  the court within a reasonable time after discovering a barrier
  370  that the parties are not actively working to overcome such
  371  barrier.
  372         Section 9. Subsection (8) of section 39.6013, Florida
  373  Statutes, is amended to read:
  374         39.6013 Case plan amendments.—
  375         (8) Amendments must include service interventions that are
  376  the least intrusive into the life of the parent and child, must
  377  focus on clearly defined objectives, and must provide the most
  378  efficient path to quick reunification or permanent placement
  379  given the circumstances of the case and the child’s need for
  380  safe and proper care. A copy of the amended plan must be
  381  immediately given to the persons identified in s. 39.6011(7)(c)
  382  s. 39.6011(6)(b).
  383         Section 10. Present subsections (7) through (10) of section
  384  39.621, Florida Statutes, are redesignated as subsections (8)
  385  through (11), respectively, present subsections (9), (10), and
  386  (11) of that section are amended, and a new subsection (7) is
  387  added to that section, to read:
  388         39.621 Permanency determination by the court.—
  389         (7)If the court determines that the child’s goal is
  390  appropriate but the child will be in out-of-home care for more
  391  than 12 months before achieving permanency, in those cases where
  392  the goal is reunification or adoption, the court must hold
  393  permanency status hearings for the child every 60 days until the
  394  child reaches the specified permanency goal or the court
  395  determines it is in the child’s best interest to change the
  396  permanency goal.
  397         (10)(9) The case plan must list the tasks necessary to
  398  finalize the permanency placement and shall be updated at the
  399  permanency hearing unless the child will achieve permanency
  400  within 60 days after the hearing if necessary. If a concurrent
  401  case plan is in place, the court may choose between the
  402  permanency goal options presented and shall approve the goal
  403  that is in the child’s best interest.
  404         (11)(10) The permanency placement is intended to continue
  405  until the child reaches the age of majority and may not be
  406  disturbed absent a finding by the court that the circumstances
  407  of the permanency placement are no longer in the best interest
  408  of the child.
  409         (a) If, after a child is residing in the permanent
  410  placement approved at the permanency hearing, a parent who has
  411  not had his or her parental rights terminated makes a motion for
  412  reunification or increased contact with the child, the court
  413  shall hold a hearing to determine whether the dependency case
  414  should be reopened and whether there should be a modification of
  415  the order.
  416         (b) At the hearing, the parent must demonstrate that the
  417  safety, well-being, and physical, mental, and emotional health
  418  of the child is not endangered by the modification.
  419         (c)(11) The court shall base its decision concerning any
  420  motion by a parent for reunification or increased contact with a
  421  child on the effect of the decision on the safety, well-being,
  422  and physical and emotional health of the child. Factors that
  423  must be considered and addressed in the findings of fact of the
  424  order on the motion must include:
  425         1.(a) The compliance or noncompliance of the parent with
  426  the case plan;
  427         2.(b) The circumstances which caused the child’s dependency
  428  and whether those circumstances have been resolved;
  429         3.(c) The stability and longevity of the child’s placement;
  430         4.(d) The preferences of the child, if the child is of
  431  sufficient age and understanding to express a preference;
  432         5.(e) The recommendation of the current custodian; and
  433         6.(f) The recommendation of the guardian ad litem, if one
  434  has been appointed.
  435         Section 11. Paragraph (e) of subsection (1) of section
  436  39.806, Florida Statutes, is amended to read:
  437         39.806 Grounds for termination of parental rights.—
  438         (1) Grounds for the termination of parental rights may be
  439  established under any of the following circumstances:
  440         (e) When a child has been adjudicated dependent, a case
  441  plan has been filed with the court, and:
  442         1. The child continues to be abused, neglected, or
  443  abandoned by the parent or parents. The failure of the parent or
  444  parents to substantially comply with the case plan for a period
  445  of 12 months after an adjudication of the child as a dependent
  446  child or the child’s placement into shelter care, whichever
  447  occurs first, constitutes evidence of continuing abuse, neglect,
  448  or abandonment unless the failure to substantially comply with
  449  the case plan was due to the parent’s lack of financial
  450  resources or to the failure of the department to make reasonable
  451  efforts to reunify the parent and child. The 12-month period
  452  begins to run only after the child’s placement into shelter care
  453  or the entry of a disposition order placing the custody of the
  454  child with the department or a person other than the parent and
  455  the court’s approval of a case plan having the goal of
  456  reunification with the parent, whichever occurs first; or
  457         2. The parent or parents have materially breached the case
  458  plan by their action or inaction. Time is of the essence for
  459  permanency of children in the dependency system. In order to
  460  prove the parent or parents have materially breached the case
  461  plan, the court must find by clear and convincing evidence that
  462  the parent or parents are unlikely or unable to substantially
  463  comply with the case plan before time to comply with the case
  464  plan expires.
  465         3. The child has been in care for any 12 of the last 22
  466  months and the parents have not substantially complied with the
  467  case plan so as to permit reunification under s. 39.522(2)
  468  unless the failure to substantially comply with the case plan
  469  was due to the parent’s lack of financial resources or to the
  470  failure of the department to make reasonable efforts to reunify
  471  the parent and child.
  472         Section 12. Subsection (5) of section 39.811, Florida
  473  Statutes, is amended to read:
  474         39.811 Powers of disposition; order of disposition.—
  475         (5) If the court terminates parental rights, the court
  476  shall enter a written order of disposition within 30 days after
  477  conclusion of the hearing briefly stating the facts upon which
  478  its decision to terminate the parental rights is made. An order
  479  of termination of parental rights, whether based on parental
  480  consent or after notice served as prescribed in this part,
  481  permanently deprives the parents of any right to the child.
  482         Section 13. This act shall take effect October 1, 2019.