Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1548
       
       
       
       
       
       
                                Ì229818KÎ229818                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/05/2020           .                                
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       The Committee on Children, Families, and Elder Affairs (Perry)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 25.385, Florida Statutes, is amended to
    6  read:
    7         25.385 Standards for instruction of circuit and county
    8  court judges in handling domestic violence cases.—
    9         (1) The Florida Court Educational Council shall establish
   10  standards for instruction of circuit and county court judges who
   11  have responsibility for domestic violence cases, and the council
   12  shall provide such instruction on a periodic and timely basis.
   13         (2) As used in this section:
   14         (a) The term “domestic violence” has the meaning set forth
   15  in s. 741.28.
   16         (b) “Family or household member” has the meaning set forth
   17  in s. 741.28.
   18         (2)The Florida Court Educational Council shall establish
   19  standards for instruction of circuit court judges who have
   20  responsibility for dependency cases. The standards for
   21  instruction must be consistent with and reinforce the purposes
   22  of chapter 39, with emphasis on ensuring that a permanent
   23  placement is achieved as soon as possible and that a child
   24  should not remain in foster care for longer than 1 year. This
   25  instruction must be provided on a periodic and timely basis and
   26  may be provided by or in consultation with current or retired
   27  judges, the Department of Children and Families, or the
   28  Statewide Guardian Ad Litem Office established in s. 39.8296.
   29         Section 2. Subsection (7) of section 39.205, Florida
   30  Statutes, is amended to read:
   31         39.205 Penalties relating to reporting of child abuse,
   32  abandonment, or neglect.—
   33         (7) The department shall establish procedures for
   34  determining whether a false report of child abuse, abandonment,
   35  or neglect has been made and for submitting all identifying
   36  information relating to such a report to the appropriate law
   37  enforcement agency and shall report annually to the Legislature
   38  the number of reports referred.
   39         Section 3. Subsection (7) of section 39.302, Florida
   40  Statutes, is amended to read:
   41         39.302 Protective investigations of institutional child
   42  abuse, abandonment, or neglect.—
   43         (7) When an investigation of institutional abuse, neglect,
   44  or abandonment is closed and a person is not identified as a
   45  caregiver responsible for the abuse, neglect, or abandonment
   46  alleged in the report, the fact that the person is named in some
   47  capacity in the report may not be used in any way to adversely
   48  affect the interests of that person. This prohibition applies to
   49  any use of the information in employment screening, licensing,
   50  child placement, adoption, or any other decisions by a private
   51  adoption agency or a state agency or its contracted providers.
   52         (a) However, if such a person is a licensee of the
   53  department and is named in any capacity in a report three or
   54  more reports within a 5-year period, the department must may
   55  review the report those reports and determine whether the
   56  information contained in the report reports is relevant for
   57  purposes of determining whether the person’s license should be
   58  renewed or revoked. If the information is relevant to the
   59  decision to renew or revoke the license, the department may rely
   60  on the information contained in the report in making that
   61  decision.
   62         (b) Likewise, if a person is employed as a caregiver in a
   63  residential group home licensed pursuant to s. 409.175 and is
   64  named in any capacity in a report three or more reports within a
   65  5-year period, the department must may review the report all
   66  reports for the purposes of the employment screening as defined
   67  in s. 409.175(2)(m) required pursuant to s. 409.145(2)(e).
   68         Section 4. Subsection (6) of section 39.407, Florida
   69  Statutes, is amended to read:
   70         39.407 Medical, psychiatric, and psychological examination
   71  and treatment of child; physical, mental, or substance abuse
   72  examination of person with or requesting child custody.—
   73         (6) Children who are in the legal custody of the department
   74  may be placed by the department, without prior approval of the
   75  court, in a residential treatment center licensed under s.
   76  394.875 or a hospital licensed under chapter 395 for residential
   77  mental health treatment only as provided in pursuant to this
   78  section or may be placed by the court in accordance with an
   79  order of involuntary examination or involuntary placement
   80  entered under pursuant to s. 394.463 or s. 394.467. All children
   81  placed in a residential treatment program under this subsection
   82  must have a guardian ad litem appointed.
   83         (a) As used in this subsection, the term:
   84         1. “Residential treatment” means placement for observation,
   85  diagnosis, or treatment of an emotional disturbance in a
   86  residential treatment center licensed under s. 394.875 or a
   87  hospital licensed under chapter 395.
   88         2. “Least restrictive alternative” means the treatment and
   89  conditions of treatment that, separately and in combination, are
   90  no more intrusive or restrictive of freedom than reasonably
   91  necessary to achieve a substantial therapeutic benefit or to
   92  protect the child or adolescent or others from physical injury.
   93         3. “Suitable for residential treatment” or “suitability”
   94  means a determination concerning a child or adolescent with an
   95  emotional disturbance as defined in s. 394.492(5) or a serious
   96  emotional disturbance as defined in s. 394.492(6) that each of
   97  the following criteria is met:
   98         a. The child requires residential treatment.
   99         b. The child is in need of a residential treatment program
  100  and is expected to benefit from mental health treatment.
  101         c. An appropriate, less restrictive alternative to
  102  residential treatment is unavailable.
  103         (b) Whenever the department believes that a child in its
  104  legal custody is emotionally disturbed and may need residential
  105  treatment, an examination and suitability assessment must be
  106  conducted by a qualified evaluator who is appointed by the
  107  department Agency for Health Care Administration. This
  108  suitability assessment must be completed before the placement of
  109  the child in a residential treatment center for emotionally
  110  disturbed children and adolescents or a hospital. The qualified
  111  evaluator must be a psychiatrist or a psychologist licensed in
  112  Florida who has at least 3 years of experience in the diagnosis
  113  and treatment of serious emotional disturbances in children and
  114  adolescents and who has no actual or perceived conflict of
  115  interest with any inpatient facility or residential treatment
  116  center or program.
  117         (c) Before a child is admitted under this subsection, the
  118  child shall be assessed for suitability for residential
  119  treatment by a qualified evaluator who has conducted a personal
  120  examination and assessment of the child and has made written
  121  findings that:
  122         1. The child appears to have an emotional disturbance
  123  serious enough to require residential treatment and is
  124  reasonably likely to benefit from the treatment.
  125         2. The child has been provided with a clinically
  126  appropriate explanation of the nature and purpose of the
  127  treatment.
  128         3. All available modalities of treatment less restrictive
  129  than residential treatment have been considered, and a less
  130  restrictive alternative that would offer comparable benefits to
  131  the child is unavailable.
  132  
  133  A copy of the written findings of the evaluation and suitability
  134  assessment must be provided to the department, to the guardian
  135  ad litem, and, if the child is a member of a Medicaid managed
  136  care plan, to the plan that is financially responsible for the
  137  child’s care in residential treatment, all of whom must be
  138  provided with the opportunity to discuss the findings with the
  139  evaluator.
  140         (d) Immediately upon placing a child in a residential
  141  treatment program under this section, the department must notify
  142  the guardian ad litem and the court having jurisdiction over the
  143  child and must provide the guardian ad litem and the court with
  144  a copy of the assessment by the qualified evaluator.
  145         (e) Within 10 days after the admission of a child to a
  146  residential treatment program, the director of the residential
  147  treatment program or the director’s designee must ensure that an
  148  individualized plan of treatment has been prepared by the
  149  program and has been explained to the child, to the department,
  150  and to the guardian ad litem, and submitted to the department.
  151  The child must be involved in the preparation of the plan to the
  152  maximum feasible extent consistent with his or her ability to
  153  understand and participate, and the guardian ad litem and the
  154  child’s foster parents must be involved to the maximum extent
  155  consistent with the child’s treatment needs. The plan must
  156  include a preliminary plan for residential treatment and
  157  aftercare upon completion of residential treatment. The plan
  158  must include specific behavioral and emotional goals against
  159  which the success of the residential treatment may be measured.
  160  A copy of the plan must be provided to the child, to the
  161  guardian ad litem, and to the department.
  162         (f) Within 30 days after admission, the residential
  163  treatment program must review the appropriateness and
  164  suitability of the child’s placement in the program. The
  165  residential treatment program must determine whether the child
  166  is receiving benefit toward the treatment goals and whether the
  167  child could be treated in a less restrictive treatment program.
  168  The residential treatment program shall prepare a written report
  169  of its findings and submit the report to the guardian ad litem
  170  and to the department. The department must submit the report to
  171  the court. The report must include a discharge plan for the
  172  child. The residential treatment program must continue to
  173  evaluate the child’s treatment progress every 30 days thereafter
  174  and must include its findings in a written report submitted to
  175  the department. The department may not reimburse a facility
  176  until the facility has submitted every written report that is
  177  due.
  178         (g)1. The department must submit, at the beginning of each
  179  month, to the court having jurisdiction over the child, a
  180  written report regarding the child’s progress toward achieving
  181  the goals specified in the individualized plan of treatment.
  182         2. The court must conduct a hearing to review the status of
  183  the child’s residential treatment plan no later than 60 days
  184  after the child’s admission to the residential treatment
  185  program. An independent review of the child’s progress toward
  186  achieving the goals and objectives of the treatment plan must be
  187  completed by a qualified evaluator and submitted to the court
  188  before its 60-day review.
  189         3. For any child in residential treatment at the time a
  190  judicial review is held pursuant to s. 39.701, the child’s
  191  continued placement in residential treatment must be a subject
  192  of the judicial review.
  193         4. If at any time the court determines that the child is
  194  not suitable for continued residential treatment, the court
  195  shall order the department to place the child in the least
  196  restrictive setting that is best suited to meet his or her
  197  needs.
  198         (h) After the initial 60-day review, the court must conduct
  199  a review of the child’s residential treatment plan every 90
  200  days.
  201         (i) The department must adopt rules for implementing
  202  timeframes for the completion of suitability assessments by
  203  qualified evaluators and a procedure that includes timeframes
  204  for completing the 60-day independent review by the qualified
  205  evaluators of the child’s progress toward achieving the goals
  206  and objectives of the treatment plan which review must be
  207  submitted to the court. The Agency for Health Care
  208  Administration must adopt rules for the registration of
  209  qualified evaluators, the procedure for selecting the evaluators
  210  to conduct the reviews required under this section, and a
  211  reasonable, cost-efficient fee schedule for qualified
  212  evaluators.
  213         Section 5. Section 39.5035, Florida Statutes, is created to
  214  read:
  215         39.5035Deceased parents; special procedures.—
  216         (1)(a)1.If both parents of a child are deceased and a
  217  legal custodian has not been appointed for the child through a
  218  probate or guardianship proceeding, then an attorney for the
  219  department or any other person, who has knowledge of the facts
  220  whether alleged or is informed of the alleged facts and believes
  221  them to be true, may initiate a proceeding by filing a petition
  222  for adjudication and permanent commitment.
  223         2.If a child has been placed in shelter status by order of
  224  the court but has not yet been adjudicated, a petition for
  225  adjudication and permanent commitment must be filed within 21
  226  days after the shelter hearing. In all other cases, the petition
  227  must be filed within a reasonable time after the date the child
  228  was referred to protective investigation or after the petitioner
  229  first becomes aware of the facts that support the petition for
  230  adjudication and permanent commitment.
  231         (b)If both parents or the last living parent dies after a
  232  child has already been adjudicated dependent, an attorney for
  233  the department or any other person who has knowledge of the
  234  facts alleged or is informed of the alleged facts and believes
  235  them to be true may file a petition for permanent commitment.
  236         (2)The petition:
  237         (a)Must be in writing, identify the alleged deceased
  238  parents, and provide facts that establish that both parents of
  239  the child are deceased and that a legal custodian has not been
  240  appointed for the child through a probate or guardianship
  241  proceeding.
  242         (b)Must be signed by the petitioner under oath stating the
  243  petitioner’s good faith in filing the petition.
  244         (3)When a petition for adjudication and permanent
  245  commitment or a petition for permanent commitment has been
  246  filed, the clerk of court shall set the case before the court
  247  for an adjudicatory hearing. The adjudicatory hearing must be
  248  held as soon as practicable after the petition is filed, but no
  249  later than 30 days after the filing date.
  250         (4)Notice of the date, time, and place of the adjudicatory
  251  hearing and a copy of the petition must be served on the
  252  following persons:
  253         (a)Any person who has physical custody of the child.
  254         (b)A living relative of each parent of the child, unless a
  255  living relative cannot be found after a diligent search and
  256  inquiry.
  257         (c)The guardian ad litem for the child or the
  258  representative of the guardian ad litem program, if the program
  259  has been appointed.
  260         (5)Adjudicatory hearings shall be conducted by the judge
  261  without a jury, applying the rules of evidence in use in civil
  262  cases and adjourning the hearings from time to time as
  263  necessary. At the hearing, the judge must determine whether the
  264  petitioner has established by clear and convincing evidence that
  265  both parents of the child are deceased and that a legal
  266  custodian has not been appointed for the child through a probate
  267  or guardianship proceeding. A certified copy of the death
  268  certificate for each parent is sufficient evidence of proof of
  269  the parents’ deaths.
  270         (6)Within 30 days after an adjudicatory hearing on a
  271  petition for adjudication and permanent commitment:
  272         (a)If the court finds that the petitioner has met the
  273  clear and convincing standard, the court shall enter a written
  274  order adjudicating the child dependent and permanently
  275  committing the child to the custody of the department for the
  276  purpose of adoption. A disposition hearing shall be scheduled no
  277  later than 30 days after the entry of the order, in which the
  278  department shall provide a case plan that identifies the
  279  permanency goal for the child to the court. Reasonable efforts
  280  must be made to place the child in a timely manner in accordance
  281  with the permanency plan and to complete all steps necessary to
  282  finalize the permanent placement of the child. Thereafter, until
  283  the adoption of the child is finalized or the child reaches the
  284  age of 18 years, whichever occurs first, the court shall hold
  285  hearings every 6 months to review the progress being made toward
  286  permanency for the child.
  287         (b)If the court finds that clear and convincing evidence
  288  does not establish that both parents of a child are deceased and
  289  that a legal custodian has not been appointed for the child
  290  through a probate or guardianship proceeding, but that a
  291  preponderance of the evidence establishes that the child does
  292  not have a parent or legal custodian capable of providing
  293  supervision or care, the court shall enter a written order
  294  adjudicating the child dependent. A disposition hearing shall be
  295  scheduled no later than 30 days after the entry of the order as
  296  provided in s. 39.521.
  297         (c)If the court finds that clear and convincing evidence
  298  does not establish that both parents of a child are deceased and
  299  that a legal custodian has not been appointed for the child
  300  through a probate or guardianship proceeding and that a
  301  preponderance of the evidence does not establish that the child
  302  does not have a parent or legal custodian capable of providing
  303  supervision or care, the court shall enter a written order so
  304  finding and dismissing the petition.
  305         (7)Within 30 days after an adjudicatory hearing on a
  306  petition for permanent commitment:
  307         (a)If the court finds that the petitioner has met the
  308  clear and convincing standard, the court shall enter a written
  309  order permanently committing the child to the custody of the
  310  department for purposes of adoption. A disposition hearing shall
  311  be scheduled no later than 30 days after the entry of the order,
  312  in which the department shall provide an amended case plan that
  313  identifies the permanency goal for the child to the court.
  314  Reasonable efforts must be made to place the child in a timely
  315  manner in accordance with the permanency plan and to complete
  316  all steps necessary to finalize the permanent placement of the
  317  child. Thereafter, until the adoption of the child is finalized
  318  or the child reaches the age of 18 years, whichever occurs
  319  first, the court shall hold hearings every 6 months to review
  320  the progress being made toward permanency for the child.
  321         (b)If the court finds that clear and convincing evidence
  322  does not establish that both parents of a child are deceased and
  323  that a legal custodian has not been appointed for the child
  324  through a probate or guardianship proceeding, the court shall
  325  enter a written order denying the petition. The order has no
  326  effect on the child’s prior adjudication. The order does not bar
  327  the petitioner from filing a subsequent petition for permanent
  328  commitment based on newly discovered evidence that establishes
  329  that both parents of a child are deceased and that a legal
  330  custodian has not been appointed for the child through a probate
  331  or guardianship proceeding.
  332         Section 6. Paragraph (c) of subsection (1) and subsections
  333  (3) and (7) of section 39.521, Florida Statutes, are amended to
  334  read:
  335         39.521 Disposition hearings; powers of disposition.—
  336         (1) A disposition hearing shall be conducted by the court,
  337  if the court finds that the facts alleged in the petition for
  338  dependency were proven in the adjudicatory hearing, or if the
  339  parents or legal custodians have consented to the finding of
  340  dependency or admitted the allegations in the petition, have
  341  failed to appear for the arraignment hearing after proper
  342  notice, or have not been located despite a diligent search
  343  having been conducted.
  344         (c) When any child is adjudicated by a court to be
  345  dependent, the court having jurisdiction of the child has the
  346  power by order to:
  347         1. Require the parent and, when appropriate, the legal
  348  guardian or the child to participate in treatment and services
  349  identified as necessary. The court may require the person who
  350  has custody or who is requesting custody of the child to submit
  351  to a mental health or substance abuse disorder assessment or
  352  evaluation. The order may be made only upon good cause shown and
  353  pursuant to notice and procedural requirements provided under
  354  the Florida Rules of Juvenile Procedure. The mental health
  355  assessment or evaluation must be administered by a qualified
  356  professional as defined in s. 39.01, and the substance abuse
  357  assessment or evaluation must be administered by a qualified
  358  professional as defined in s. 397.311. The court may also
  359  require such person to participate in and comply with treatment
  360  and services identified as necessary, including, when
  361  appropriate and available, participation in and compliance with
  362  a mental health court program established under chapter 394 or a
  363  treatment-based drug court program established under s. 397.334.
  364  Adjudication of a child as dependent based upon evidence of harm
  365  as defined in s. 39.01(35)(g) demonstrates good cause, and the
  366  court shall require the parent whose actions caused the harm to
  367  submit to a substance abuse disorder assessment or evaluation
  368  and to participate and comply with treatment and services
  369  identified in the assessment or evaluation as being necessary.
  370  In addition to supervision by the department, the court,
  371  including the mental health court program or the treatment-based
  372  drug court program, may oversee the progress and compliance with
  373  treatment by a person who has custody or is requesting custody
  374  of the child. The court may impose appropriate available
  375  sanctions for noncompliance upon a person who has custody or is
  376  requesting custody of the child or make a finding of
  377  noncompliance for consideration in determining whether an
  378  alternative placement of the child is in the child’s best
  379  interests. Any order entered under this subparagraph may be made
  380  only upon good cause shown. This subparagraph does not authorize
  381  placement of a child with a person seeking custody of the child,
  382  other than the child’s parent or legal custodian, who requires
  383  mental health or substance abuse disorder treatment.
  384         2. Require, if the court deems necessary, the parties to
  385  participate in dependency mediation.
  386         3. Require placement of the child either under the
  387  protective supervision of an authorized agent of the department
  388  in the home of one or both of the child’s parents or in the home
  389  of a relative of the child or another adult approved by the
  390  court, or in the custody of the department. Protective
  391  supervision continues until the court terminates it or until the
  392  child reaches the age of 18, whichever date is first. Protective
  393  supervision shall be terminated by the court whenever the court
  394  determines that permanency has been achieved for the child,
  395  whether with a parent, another relative, or a legal custodian,
  396  and that protective supervision is no longer needed. The
  397  termination of supervision may be with or without retaining
  398  jurisdiction, at the court’s discretion, and shall in either
  399  case be considered a permanency option for the child. The order
  400  terminating supervision by the department must set forth the
  401  powers of the custodian of the child and include the powers
  402  ordinarily granted to a guardian of the person of a minor unless
  403  otherwise specified. Upon the court’s termination of supervision
  404  by the department, further judicial reviews are not required if
  405  permanency has been established for the child.
  406         4. Determine whether the child has a strong attachment to
  407  the prospective permanent guardian and whether such guardian has
  408  a strong commitment to permanently caring for the child.
  409         (3) When any child is adjudicated by a court to be
  410  dependent, the court shall determine the appropriate placement
  411  for the child as follows:
  412         (a) If the court determines that the child can safely
  413  remain in the home with the parent with whom the child was
  414  residing at the time the events or conditions arose that brought
  415  the child within the jurisdiction of the court and that
  416  remaining in this home is in the best interest of the child,
  417  then the court shall order conditions under which the child may
  418  remain or return to the home and that this placement be under
  419  the protective supervision of the department for not less than 6
  420  months.
  421         (b) If there is a parent with whom the child was not
  422  residing at the time the events or conditions arose that brought
  423  the child within the jurisdiction of the court who desires to
  424  assume custody of the child, the court shall place the child
  425  with that parent upon completion of a home study, unless the
  426  court finds that such placement would endanger the safety, well
  427  being, or physical, mental, or emotional health of the child.
  428  Any party with knowledge of the facts may present to the court
  429  evidence regarding whether the placement will endanger the
  430  safety, well-being, or physical, mental, or emotional health of
  431  the child. If the court places the child with such parent, it
  432  may do either of the following:
  433         1. Order that the parent assume sole custodial
  434  responsibilities for the child. The court may also provide for
  435  reasonable visitation by the noncustodial parent. The court may
  436  then terminate its jurisdiction over the child.
  437         2. Order that the parent assume custody subject to the
  438  jurisdiction of the circuit court hearing dependency matters.
  439  The court may order that reunification services be provided to
  440  the parent from whom the child has been removed, that services
  441  be provided solely to the parent who is assuming physical
  442  custody in order to allow that parent to retain later custody
  443  without court jurisdiction, or that services be provided to both
  444  parents, in which case the court shall determine at every review
  445  hearing which parent, if either, shall have custody of the
  446  child. The standard for changing custody of the child from one
  447  parent to another or to a relative or another adult approved by
  448  the court shall be the best interest of the child.
  449         (c) If no fit parent is willing or available to assume care
  450  and custody of the child, place the child in the temporary legal
  451  custody of an adult relative, the adoptive parent of the child’s
  452  sibling, or another adult approved by the court who is willing
  453  to care for the child, under the protective supervision of the
  454  department. The department must supervise this placement until
  455  the child reaches permanency status in this home, and in no case
  456  for a period of less than 6 months. Permanency in a relative
  457  placement shall be by adoption, long-term custody, or
  458  guardianship.
  459         (d) If the child cannot be safely placed in a nonlicensed
  460  placement, the court shall commit the child to the temporary
  461  legal custody of the department. Such commitment invests in the
  462  department all rights and responsibilities of a legal custodian.
  463  The department may shall not return any child to the physical
  464  care and custody of the person from whom the child was removed,
  465  except for court-approved visitation periods, without the
  466  approval of the court. Any order for visitation or other contact
  467  must conform to the provisions of s. 39.0139. The term of such
  468  commitment continues until terminated by the court or until the
  469  child reaches the age of 18. After the child is committed to the
  470  temporary legal custody of the department, all further
  471  proceedings under this section are governed by this chapter.
  472  
  473  Protective supervision continues until the court terminates it
  474  or until the child reaches the age of 18, whichever date is
  475  first. Protective supervision shall be terminated by the court
  476  whenever the court determines that permanency has been achieved
  477  for the child, whether with a parent, another relative, or a
  478  legal custodian, and that protective supervision is no longer
  479  needed. The termination of supervision may be with or without
  480  retaining jurisdiction, at the court’s discretion, and shall in
  481  either case be considered a permanency option for the child. The
  482  order terminating supervision by the department shall set forth
  483  the powers of the custodian of the child and shall include the
  484  powers ordinarily granted to a guardian of the person of a minor
  485  unless otherwise specified. Upon the court’s termination of
  486  supervision by the department, no further judicial reviews are
  487  required, so long as permanency has been established for the
  488  child.
  489         (7)The court may enter an order ending its jurisdiction
  490  over a child when a child has been returned to the parents,
  491  provided the court shall not terminate its jurisdiction or the
  492  department’s supervision over the child until 6 months after the
  493  child’s return. The department shall supervise the placement of
  494  the child after reunification for at least 6 months with each
  495  parent or legal custodian from whom the child was removed. The
  496  court shall determine whether its jurisdiction should be
  497  continued or terminated in such a case based on a report of the
  498  department or agency or the child’s guardian ad litem, and any
  499  other relevant factors; if its jurisdiction is to be terminated,
  500  the court shall enter an order to that effect.
  501         Section 7. Section 39.522, Florida Statutes, is amended to
  502  read:
  503         39.522 Postdisposition change of custody.—The court may
  504  change the temporary legal custody or the conditions of
  505  protective supervision at a postdisposition hearing, without the
  506  necessity of another adjudicatory hearing. If a child has been
  507  returned to the parent and is under protective supervision by
  508  the department and the child is later removed again from the
  509  parent’s custody, any modifications of placement shall be done
  510  under this section.
  511         (1)At any time, an authorized agent of the department or a
  512  law enforcement officer may remove a child from a court-ordered
  513  placement and take the child into custody if the child’s current
  514  caregiver requests immediate removal of the child from the home
  515  or if there is probable cause as required in s. 39.401(1)(b).
  516  The department shall file a motion to modify placement within 1
  517  business day after the child is taken into custody. Unless all
  518  parties agree to the change of placement, the court must set a
  519  hearing within 24 hours after the filing of the motion. At the
  520  hearing, the court shall determine whether the department has
  521  established probable cause to support the immediate removal of
  522  the child from his or her current placement. The court may base
  523  its determination on a sworn petition, testimony, or an
  524  affidavit and may hear all relevant and material evidence,
  525  including oral or written reports, to the extent of its
  526  probative value even though it would not be competent evidence
  527  at an adjudicatory hearing. If the court finds that probable
  528  cause is not established to support the removal of the child
  529  from the placement, the court shall order that the child be
  530  returned to his or her current placement. If the caregiver
  531  admits to a need for a change of placement or probable cause is
  532  established to support the removal, the court shall enter an
  533  order changing the placement of the child. If the child is not
  534  placed in foster care, then the new placement for the child must
  535  meet the home study criteria in chapter 39. If the child’s
  536  placement is modified based on a probable cause finding, the
  537  court must conduct a subsequent evidentiary hearing, unless
  538  waived by all parties, on the motion to determine whether the
  539  department has established by a preponderance of the evidence
  540  that maintaining the new placement of the child is in the best
  541  interest of the child. The court shall consider the continuity
  542  of the child’s placement in the same out-of-home residence as a
  543  factor when determining the best interests of the child.
  544         (2)(1) At any time before a child is residing in the
  545  permanent placement approved at the permanency hearing, a child
  546  who has been placed in the child’s own home under the protective
  547  supervision of an authorized agent of the department, in the
  548  home of a relative, in the home of a legal custodian, or in some
  549  other place may be brought before the court by the department or
  550  by any other party interested person, upon the filing of a
  551  petition motion alleging a need for a change in the conditions
  552  of protective supervision or the placement. If the parents or
  553  other legal custodians deny the need for a change, the court
  554  shall hear all parties in person or by counsel, or both. Upon
  555  the admission of a need for a change or after such hearing, the
  556  court shall enter an order changing the placement, modifying the
  557  conditions of protective supervision, or continuing the
  558  conditions of protective supervision as ordered. The standard
  559  for changing custody of the child is determined by a
  560  preponderance of the evidence that establishes that a change is
  561  in shall be the best interest of the child. When applying this
  562  standard, the court shall consider the continuity of the child’s
  563  placement in the same out-of-home residence as a factor when
  564  determining the best interests of the child. If the child is not
  565  placed in foster care, then the new placement for the child must
  566  meet the home study criteria and court approval under pursuant
  567  to this chapter.
  568         (3)(2) In cases where the issue before the court is whether
  569  a child should be reunited with a parent, the court shall review
  570  the conditions for return and determine whether the
  571  circumstances that caused the out-of-home placement and issues
  572  subsequently identified have been remedied to the extent that
  573  the return of the child to the home with an in-home safety plan
  574  prepared or approved by the department will not be detrimental
  575  to the child’s safety, well-being, and physical, mental, and
  576  emotional health.
  577         (4)(3) In cases where the issue before the court is whether
  578  a child who is placed in the custody of a parent should be
  579  reunited with the other parent upon a finding that the
  580  circumstances that caused the out-of-home placement and issues
  581  subsequently identified have been remedied to the extent that
  582  the return of the child to the home of the other parent with an
  583  in-home safety plan prepared or approved by the department will
  584  not be detrimental to the child, the standard shall be that the
  585  safety, well-being, and physical, mental, and emotional health
  586  of the child would not be endangered by reunification and that
  587  reunification would be in the best interest of the child.
  588         Section 8. Subsection (8) of section 39.6011, Florida
  589  Statutes, is amended to read:
  590         39.6011 Case plan development.—
  591         (8) The case plan must be filed with the court and copies
  592  provided to all parties, including the child if appropriate:,
  593  not less than 3 business days before the disposition hearing.
  594         (a)Not less than 72 hours before the disposition hearing,
  595  if the disposition hearing occurs on or after the 60th day after
  596  the date the child was placed in out-of-home care; or
  597         (b)Not less than 72 hours before the case plan acceptance
  598  hearing, if the disposition hearing occurs before the 60th day
  599  after the date the child was placed in out-of-home care and a
  600  case plan has not been submitted under this subsection, or if
  601  the court does not approve the case plan at the disposition
  602  hearing.
  603         Section 9. Paragraph (a) of subsection (3) of section
  604  39.801, Florida Statutes, is amended to read:
  605         39.801 Procedures and jurisdiction; notice; service of
  606  process.—
  607         (3) Before the court may terminate parental rights, in
  608  addition to the other requirements set forth in this part, the
  609  following requirements must be met:
  610         (a) Notice of the date, time, and place of the advisory
  611  hearing for the petition to terminate parental rights and a copy
  612  of the petition must be personally served upon the following
  613  persons, specifically notifying them that a petition has been
  614  filed:
  615         1. The parents of the child.
  616         2. The legal custodians of the child.
  617         3. If the parents who would be entitled to notice are dead
  618  or unknown, a living relative of the child, unless upon diligent
  619  search and inquiry no such relative can be found.
  620         4. Any person who has physical custody of the child.
  621         5. Any grandparent entitled to priority for adoption under
  622  s. 63.0425.
  623         6. Any prospective parent who has been identified and
  624  located under s. 39.503 or s. 39.803, unless a court order has
  625  been entered pursuant to s. 39.503(4) or (9) or s. 39.803(4) or
  626  (9) which indicates no further notice is required. Except as
  627  otherwise provided in this section, if there is not a legal
  628  father, notice of the petition for termination of parental
  629  rights must be provided to any known prospective father who is
  630  identified under oath before the court or who is identified and
  631  located by a diligent search of the Florida Putative Father
  632  Registry. Service of the notice of the petition for termination
  633  of parental rights is not required if the prospective father
  634  executes an affidavit of nonpaternity or a consent to
  635  termination of his parental rights which is accepted by the
  636  court after notice and opportunity to be heard by all parties to
  637  address the best interests of the child in accepting such
  638  affidavit.
  639         7. The guardian ad litem for the child or the
  640  representative of the guardian ad litem program, if the program
  641  has been appointed.
  642  
  643  The document containing the notice to respond or appear must
  644  contain, in type at least as large as the type in the balance of
  645  the document, the following or substantially similar language:
  646  “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING
  647  CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF
  648  THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND
  649  TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE
  650  CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS
  651  NOTICE.”
  652         Section 10. Paragraph (e) of subsection (1) and subsection
  653  (2) of section 39.806, Florida Statutes, are amended to read:
  654         39.806 Grounds for termination of parental rights.—
  655         (1) Grounds for the termination of parental rights may be
  656  established under any of the following circumstances:
  657         (e) When a child has been adjudicated dependent, a case
  658  plan has been filed with the court, and:
  659         1. The child continues to be abused, neglected, or
  660  abandoned by the parent or parents. The failure of the parent or
  661  parents to substantially comply with the case plan for a period
  662  of 12 months after an adjudication of the child as a dependent
  663  child or the child’s placement into shelter care, whichever
  664  occurs first, constitutes evidence of continuing abuse, neglect,
  665  or abandonment unless the failure to substantially comply with
  666  the case plan was due to the parent’s lack of financial
  667  resources or to the failure of the department to make reasonable
  668  efforts to reunify the parent and child. The 12-month period
  669  begins to run only after the child’s placement into shelter care
  670  or the entry of a disposition order placing the custody of the
  671  child with the department or a person other than the parent and
  672  the court’s approval of a case plan having the goal of
  673  reunification with the parent, whichever occurs first; or
  674         2. The parent or parents have materially breached the case
  675  plan by their action or inaction. Time is of the essence for
  676  permanency of children in the dependency system. In order to
  677  prove the parent or parents have materially breached the case
  678  plan, the court must find by clear and convincing evidence that
  679  the parent or parents are unlikely or unable to substantially
  680  comply with the case plan before time to comply with the case
  681  plan expires; or.
  682         3. The child has been in care for any 12 of the last 22
  683  months and the parents have not substantially complied with the
  684  case plan so as to permit reunification under s. 39.522(3) s.
  685  39.522(2) unless the failure to substantially comply with the
  686  case plan was due to the parent’s lack of financial resources or
  687  to the failure of the department to make reasonable efforts to
  688  reunify the parent and child.
  689         (2) Reasonable efforts to preserve and reunify families are
  690  not required if a court of competent jurisdiction has determined
  691  that any of the events described in paragraphs (1)(b)-(d) or
  692  paragraphs (1)(f)-(n) (1)(f)-(m) have occurred.
  693         Section 11. Subsection (9) of section 39.811, Florida
  694  Statutes, is amended to read:
  695         39.811 Powers of disposition; order of disposition.—
  696         (9) After termination of parental rights or a written order
  697  of permanent commitment entered under s. 39.5035, the court
  698  shall retain jurisdiction over any child for whom custody is
  699  given to a social service agency until the child is adopted. The
  700  court shall review the status of the child’s placement and the
  701  progress being made toward permanent adoptive placement. As part
  702  of this continuing jurisdiction, for good cause shown by the
  703  guardian ad litem for the child, the court may review the
  704  appropriateness of the adoptive placement of the child. The
  705  department’s decision to deny an application to adopt a child
  706  who is under the court’s jurisdiction is reviewable only through
  707  a motion to file a chapter 63 petition as provided in s.
  708  39.812(4), and is not subject to chapter 120.
  709         Section 12. Subsections (1), (4), and (5) of section
  710  39.812, Florida Statutes, are amended to read:
  711         39.812 Postdisposition relief; petition for adoption.—
  712         (1) If the department is given custody of a child for
  713  subsequent adoption in accordance with this chapter, the
  714  department may place the child with an agency as defined in s.
  715  63.032, with a child-caring agency registered under s. 409.176,
  716  or in a family home for prospective subsequent adoption without
  717  the need for a court order unless otherwise required under this
  718  section. The department may allow prospective adoptive parents
  719  to visit with a child in the department’s custody without a
  720  court order to determine whether the adoptive placement would be
  721  appropriate. The department may thereafter become a party to any
  722  proceeding for the legal adoption of the child and appear in any
  723  court where the adoption proceeding is pending and consent to
  724  the adoption, and that consent alone shall in all cases be
  725  sufficient.
  726         (4) The court shall retain jurisdiction over any child
  727  placed in the custody of the department until the case is closed
  728  as provided in s. 39.63 the child is adopted. After custody of a
  729  child for subsequent adoption has been given to the department,
  730  the court has jurisdiction for the purpose of reviewing the
  731  status of the child and the progress being made toward permanent
  732  adoptive placement. As part of this continuing jurisdiction, for
  733  good cause shown by the guardian ad litem for the child, the
  734  court may review the appropriateness of the adoptive placement
  735  of the child.
  736         (a)If the department has denied a person’s application to
  737  adopt a child, the denied applicant may file a motion with the
  738  court within 30 days after the issuance of the written
  739  notification of denial to allow him or her to file a chapter 63
  740  petition to adopt a child without the department’s consent. The
  741  denied applicant must allege in its motion that the department
  742  unreasonably withheld its consent to the adoption. The court, as
  743  part of its continuing jurisdiction, may review and rule on the
  744  motion.
  745         1.The denied applicant only has standing in the chapter 39
  746  proceeding to file the motion in paragraph (a) and to present
  747  evidence in support of the motion at a hearing, which must be
  748  held within 30 days after the filing of the motion.
  749         2.At the hearing on the motion, the court may only
  750  consider whether the department’s review of the application was
  751  consistent with its policies and made in an expeditious manner.
  752  The standard of review by the court is whether the department’s
  753  denial of the application is an abuse of discretion. The court
  754  may not compare the denied applicant against another applicant
  755  to determine which placement is in the best interests of the
  756  child.
  757         3.If the denied applicant establishes by a preponderance
  758  of the evidence that the department unreasonably withheld its
  759  consent, the court shall enter an order authorizing the denied
  760  applicant to file a petition to adopt the child under chapter 63
  761  without the department’s consent.
  762         4.If the denied applicant does not prove by a
  763  preponderance of the evidence that the department unreasonably
  764  withheld its consent, the court shall enter an order so finding
  765  and dismiss the motion.
  766         5.The standing of the denied applicant in the chapter 39
  767  proceeding is terminated upon entry of the court’s order.
  768         (b) When a licensed foster parent or court-ordered
  769  custodian has applied to adopt a child who has resided with the
  770  foster parent or custodian for at least 6 months and who has
  771  previously been permanently committed to the legal custody of
  772  the department and the department does not grant the application
  773  to adopt, the department may not, in the absence of a prior
  774  court order authorizing it to do so, remove the child from the
  775  foster home or custodian, except when:
  776         1.(a) There is probable cause to believe that the child is
  777  at imminent risk of abuse or neglect;
  778         2.(b) Thirty days have expired following written notice to
  779  the foster parent or custodian of the denial of the application
  780  to adopt, within which period no formal challenge of the
  781  department’s decision has been filed; or
  782         3.(c) The foster parent or custodian agrees to the child’s
  783  removal; or.
  784         4.The department has selected another prospective adoptive
  785  parent to adopt the child and either the foster parent or
  786  custodian has not filed a motion with the court to allow him or
  787  her to file a chapter 63 petition to adopt a child without the
  788  department’s consent, as provided under paragraph (a), or the
  789  court has denied such a motion.
  790         (5) The petition for adoption must be filed in the division
  791  of the circuit court which entered the judgment terminating
  792  parental rights, unless a motion for change of venue is granted
  793  under pursuant to s. 47.122. A copy of the consent executed by
  794  the department must be attached to the petition, unless such
  795  consent is waived under subsection (4) pursuant to s. 63.062(7).
  796  The petition must be accompanied by a statement, signed by the
  797  prospective adoptive parents, acknowledging receipt of all
  798  information required to be disclosed under s. 63.085 and a form
  799  provided by the department which details the social and medical
  800  history of the child and each parent and includes the social
  801  security number and date of birth for each parent, if such
  802  information is available or readily obtainable. The prospective
  803  adoptive parents may not file a petition for adoption until the
  804  judgment terminating parental rights becomes final. An adoption
  805  proceeding under this subsection is governed by chapter 63.
  806         Section 13. Subsection (7) of section 63.062, Florida
  807  Statutes, is amended to read:
  808         63.062 Persons required to consent to adoption; affidavit
  809  of nonpaternity; waiver of venue.—
  810         (7) If parental rights to the minor have previously been
  811  terminated, the adoption entity with which the minor has been
  812  placed for subsequent adoption may provide consent to the
  813  adoption. In such case, no other consent is required. If the
  814  minor has been permanently committed to the department for
  815  subsequent adoption, the department must consent to the adoption
  816  or, in the alternative, the court order entered under s.
  817  39.812(4) finding that the department The consent of the
  818  department shall be waived upon a determination by the court
  819  that such consent is being unreasonably withheld its consent
  820  must be attached to the petition to adopt, and if the petitioner
  821  must file has filed with the court a favorable preliminary
  822  adoptive home study as required under s. 63.092.
  823         Section 14. Paragraph (b) of subsection (6) of section
  824  63.082, Florida Statutes, is amended to read:
  825         63.082 Execution of consent to adoption or affidavit of
  826  nonpaternity; family social and medical history; revocation of
  827  consent.—
  828         (6)
  829         (b) Upon execution of the consent of the parent, the
  830  adoption entity must shall be permitted to intervene in the
  831  dependency case as a party in interest and must provide the
  832  court that acquired jurisdiction over the minor, pursuant to the
  833  shelter order or dependency petition filed by the department, a
  834  copy of the preliminary home study of the prospective adoptive
  835  parents and any other evidence of the suitability of the
  836  placement. The preliminary home study must be maintained with
  837  strictest confidentiality within the dependency court file and
  838  the department’s file. A preliminary home study must be provided
  839  to the court in all cases in which an adoption entity has
  840  intervened under pursuant to this section. The exemption in s.
  841  63.092(3) from the home study for a stepparent or relative does
  842  not apply if a minor is under the supervision of the department
  843  or is otherwise subject to the jurisdiction of the dependency
  844  court as a result of the filing of a shelter petition,
  845  dependency petition, or termination of parental rights petition
  846  under chapter 39. Unless the court has concerns regarding the
  847  qualifications of the home study provider, or concerns that the
  848  home study may not be adequate to determine the best interests
  849  of the child, the home study provided by the adoption entity is
  850  shall be deemed to be sufficient and no additional home study
  851  needs to be performed by the department.
  852         Section 15. Subsections (8) and (9) of section 402.302,
  853  Florida Statutes, are amended to read:
  854         402.302 Definitions.—As used in this chapter, the term:
  855         (8) “Family day care home” means an occupied primary
  856  residence leased or owned by the operator in which child care is
  857  regularly provided for children from at least two unrelated
  858  families and which receives a payment, fee, or grant for any of
  859  the children receiving care, whether or not operated for profit.
  860  Household children under 13 years of age, when on the premises
  861  of the family day care home or on a field trip with children
  862  enrolled in child care, are shall be included in the overall
  863  capacity of the licensed home. A family day care home is shall
  864  be allowed to provide care for one of the following groups of
  865  children, which shall include household children under 13 years
  866  of age:
  867         (a) A maximum of four children from birth to 12 months of
  868  age.
  869         (b) A maximum of three children from birth to 12 months of
  870  age, and other children, for a maximum total of six children.
  871         (c) A maximum of six preschool children if all are older
  872  than 12 months of age.
  873         (d) A maximum of 10 children if no more than 5 are
  874  preschool age and, of those 5, no more than 2 are under 12
  875  months of age.
  876         (9) “Household children” means children who are related by
  877  blood, marriage, or legal adoption to, or who are the legal
  878  wards of, the family day care home operator, the large family
  879  child care home operator, or an adult household member who
  880  permanently or temporarily resides in the home. Supervision of
  881  the operator’s household children shall be left to the
  882  discretion of the operator unless those children receive
  883  subsidized child care through the school readiness program under
  884  pursuant to s. 1002.92 to be in the home.
  885         Section 16. Paragraph (a) of subsection (7), paragraphs (b)
  886  and (c) of subsection (9), and subsection (10) of section
  887  402.305, Florida Statutes, are amended to read:
  888         402.305 Licensing standards; child care facilities.—
  889         (7) SANITATION AND SAFETY.—
  890         (a) Minimum standards shall include requirements for
  891  sanitary and safety conditions, first aid treatment, emergency
  892  procedures, and pediatric cardiopulmonary resuscitation. The
  893  minimum standards shall require that at least one staff person
  894  trained and certified in cardiopulmonary resuscitation, as
  895  evidenced by current documentation of course completion, must be
  896  present at all times that children are present.
  897         (9) ADMISSIONS AND RECORDKEEPING.—
  898         (b) At the time of initial enrollment and annually
  899  thereafter During the months of August and September of each
  900  year, each child care facility shall provide parents of children
  901  enrolled in the facility detailed information regarding the
  902  causes, symptoms, and transmission of the influenza virus in an
  903  effort to educate those parents regarding the importance of
  904  immunizing their children against influenza as recommended by
  905  the Advisory Committee on Immunization Practices of the Centers
  906  for Disease Control and Prevention.
  907         (c) At the time of initial enrollment and annually
  908  thereafter During the months of April and September of each
  909  year, at a minimum, each facility shall provide parents of
  910  children enrolled in the facility information regarding the
  911  potential for a distracted adult to fail to drop off a child at
  912  the facility and instead leave the child in the adult’s vehicle
  913  upon arrival at the adult’s destination. The child care facility
  914  shall also give parents information about resources with
  915  suggestions to avoid this occurrence. The department shall
  916  develop a flyer or brochure with this information that shall be
  917  posted to the department’s website, which child care facilities
  918  may choose to reproduce and provide to parents to satisfy the
  919  requirements of this paragraph.
  920         (10) TRANSPORTATION SAFETY.—
  921         (a) Minimum standards for child care facilities, family day
  922  care homes, and large family child care homes shall include all
  923  of the following:
  924         1. Requirements for child restraints or seat belts in
  925  vehicles used by child care facilities and large family child
  926  care homes to transport children.,
  927         2. Requirements for annual inspections of such the
  928  vehicles.,
  929         3. Limitations on the number of children which may be
  930  transported in such the vehicles., procedures to avoid leaving
  931  children in vehicles when transported by the facility, and
  932  accountability for children transported by the child care
  933  facility.
  934         (b)Before providing transportation services or reinstating
  935  transportation services after a lapse or discontinuation of
  936  longer than 30 days, a child care facility, family day care
  937  home, or large family child care home must be approved by the
  938  department to transport children. Approval by the department is
  939  based on the provider’s demonstration of compliance with all
  940  current rules and standards for transportation.
  941         (c) A child care facility, family day care home, or large
  942  family child care home is not responsible for the safe transport
  943  of children when they are being transported by a parent or
  944  guardian.
  945         Section 17. Subsections (14) and (15) of section 402.313,
  946  Florida Statutes, are amended to read:
  947         402.313 Family day care homes.—
  948         (14) At the time of initial enrollment and annually
  949  thereafter During the months of August and September of each
  950  year, each family day care home shall provide parents of
  951  children enrolled in the home detailed information regarding the
  952  causes, symptoms, and transmission of the influenza virus in an
  953  effort to educate those parents regarding the importance of
  954  immunizing their children against influenza as recommended by
  955  the Advisory Committee on Immunization Practices of the Centers
  956  for Disease Control and Prevention.
  957         (15) At the time of initial enrollment and annually
  958  thereafter During the months of April and September of each
  959  year, at a minimum, each family day care home shall provide
  960  parents of children attending the family day care home
  961  information regarding the potential for a distracted adult to
  962  fail to drop off a child at the family day care home and instead
  963  leave the child in the adult’s vehicle upon arrival at the
  964  adult’s destination. The family day care home shall also give
  965  parents information about resources with suggestions to avoid
  966  this occurrence. The department shall develop a flyer or
  967  brochure with this information that shall be posted to the
  968  department’s website, which family day care homes may choose to
  969  reproduce and provide to parents to satisfy the requirements of
  970  this subsection.
  971         Section 18. Subsections (8), (9), and (10) of section
  972  402.3131, Florida Statutes, are amended to read:
  973         402.3131 Large family child care homes.—
  974         (8) Before Prior to being licensed by the department, large
  975  family child care homes must be approved by the state or local
  976  fire marshal in accordance with standards established for child
  977  care facilities.
  978         (9) At the time of initial enrollment and annually
  979  thereafter During the months of August and September of each
  980  year, each large family child care home shall provide parents of
  981  children enrolled in the home detailed information regarding the
  982  causes, symptoms, and transmission of the influenza virus in an
  983  effort to educate those parents regarding the importance of
  984  immunizing their children against influenza as recommended by
  985  the Advisory Committee on Immunization Practices of the Centers
  986  for Disease Control and Prevention.
  987         (10) At the time of initial enrollment and annually
  988  thereafter During the months of April and September of each
  989  year, at a minimum, each large family child care home shall
  990  provide parents of children attending the large family child
  991  care home information regarding the potential for a distracted
  992  adult to fail to drop off a child at the large family child care
  993  home and instead leave the child in the adult’s vehicle upon
  994  arrival at the adult’s destination. The large family child care
  995  home shall also give parents information about resources with
  996  suggestions to avoid this occurrence. The department shall
  997  develop a flyer or brochure with this information that shall be
  998  posted to the department’s website, which large family child
  999  care homes may choose to reproduce and provide to parents to
 1000  satisfy the requirements of this subsection.
 1001         Section 19. Subsection (6) and paragraphs (b) and (e) of
 1002  subsection (7) of section 409.1451, Florida Statutes, are
 1003  amended to read:
 1004         409.1451 The Road-to-Independence Program.—
 1005         (6) ACCOUNTABILITY.—The department shall develop outcome
 1006  measures for the program and other performance measures in order
 1007  to maintain oversight of the program. No later than January 31
 1008  of each year, the department shall prepare a report on the
 1009  outcome measures and the department’s oversight activities and
 1010  submit the report to the President of the Senate, the Speaker of
 1011  the House of Representatives, and the committees with
 1012  jurisdiction over issues relating to children and families in
 1013  the Senate and the House of Representatives. The report must
 1014  include:
 1015         (a)An analysis of performance on the outcome measures
 1016  developed under this section reported for each community-based
 1017  care lead agency and compared with the performance of the
 1018  department on the same measures.
 1019         (b)A description of the department’s oversight of the
 1020  program, including, by lead agency, any programmatic or fiscal
 1021  deficiencies found, corrective actions required, and current
 1022  status of compliance.
 1023         (c)Any rules adopted or proposed under this section since
 1024  the last report. For the purposes of the first report, any rules
 1025  adopted or proposed under this section must be included.
 1026         (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
 1027  secretary shall establish the Independent Living Services
 1028  Advisory Council for the purpose of reviewing and making
 1029  recommendations concerning the implementation and operation of
 1030  the provisions of s. 39.6251 and the Road-to-Independence
 1031  Program. The advisory council shall function as specified in
 1032  this subsection until the Legislature determines that the
 1033  advisory council can no longer provide a valuable contribution
 1034  to the department’s efforts to achieve the goals of the services
 1035  designed to enable a young adult to live independently.
 1036         (b)The advisory council shall report to the secretary on
 1037  the status of the implementation of the Road-to-Independence
 1038  Program, efforts to publicize the availability of the Road-to
 1039  Independence Program, the success of the services, problems
 1040  identified, recommendations for department or legislative
 1041  action, and the department’s implementation of the
 1042  recommendations contained in the Independent Living Services
 1043  Integration Workgroup Report submitted to the appropriate
 1044  substantive committees of the Legislature by December 31, 2013.
 1045  The department shall submit a report by December 31 of each year
 1046  to the Governor, the President of the Senate, and the Speaker of
 1047  the House of Representatives which includes a summary of the
 1048  factors reported on by the council and identifies the
 1049  recommendations of the advisory council and either describes the
 1050  department’s actions to implement the recommendations or
 1051  provides the department’s rationale for not implementing the
 1052  recommendations.
 1053         (e)The advisory council report required under paragraph
 1054  (b) must include an analysis of the system of independent living
 1055  transition services for young adults who reach 18 years of age
 1056  while in foster care before completing high school or its
 1057  equivalent and recommendations for department or legislative
 1058  action. The council shall assess and report on the most
 1059  effective method of assisting these young adults to complete
 1060  high school or its equivalent by examining the practices of
 1061  other states.
 1062         Section 20. This act shall take effect October 1, 2020.
 1063  
 1064  ================= T I T L E  A M E N D M E N T ================
 1065  And the title is amended as follows:
 1066         Delete everything before the enacting clause
 1067  and insert:
 1068                        A bill to be entitled                      
 1069         An act relating to child welfare; amending s. 25.385,
 1070         F.S.; requiring the Florida Court Educational Council
 1071         to establish certain standards for instruction of
 1072         specified circuit court judges; amending s. 39.205,
 1073         F.S.; deleting a requirement for the Department of
 1074         Children and Families to report certain information to
 1075         the Legislature; amending s. 39.302, F.S.; requiring
 1076         the department to review certain reports under certain
 1077         circumstances; amending s. 39.407, F.S.; transferring
 1078         certain duties to the department from the Agency for
 1079         Health Care Administration; creating s. 39.5035, F.S.;
 1080         providing court procedures and requirements relating
 1081         to deceased parents of a dependent child; providing
 1082         requirements for petitions for adjudication and
 1083         permanent commitment for certain children; amending s.
 1084         39.521, F.S.; deleting provisions relating to
 1085         protective supervision; deleting provisions relating
 1086         to the court’s authority to enter an order ending its
 1087         jurisdiction over a child under certain circumstances;
 1088         amending s. 39.522, F.S.; providing requirements for a
 1089         modification of placement of a child under the
 1090         supervision of the department; amending s. 39.6011,
 1091         F.S.; providing timeframes in which case plans must be
 1092         filed with the court and be provided to specified
 1093         parties; amending s. 39.801, F.S.; conforming
 1094         provisions to changes made by the act; amending s.
 1095         39.806, F.S.; conforming cross-references; amending s.
 1096         39.811, F.S.; expanding conditions under which a court
 1097         retains jurisdiction; providing when certain decisions
 1098         relating to adoption are reviewable; amending s.
 1099         39.812, F.S.; authorizing the department to take
 1100         certain actions without a court order; authorizing
 1101         certain persons to file a petition to adopt a child
 1102         without the department’s consent; providing standing
 1103         requirements; providing a standard of proof; providing
 1104         responsibilities of the court in such cases; amending
 1105         s. 63.062, F.S.; requiring the department to consent
 1106         to certain adoptions; providing exceptions; amending
 1107         s. 63.082, F.S.; providing construction; amending s.
 1108         402.302, F.S.; revising definitions; amending s.
 1109         402.305, F.S.; requiring a certain number of staff
 1110         persons at child care facilities to be certified in
 1111         certain safety techniques; requiring child care
 1112         facilities to provide certain information to parents
 1113         at the time of initial enrollment and annually
 1114         thereafter; revising minimum standards for child care
 1115         facilities, family day care homes, and large family
 1116         child care homes relating to transportation; requiring
 1117         child care facilities, family day care homes, and
 1118         large family child care homes to be approved by the
 1119         department to transport children in certain
 1120         situations; amending s. 402.313, F.S.; requiring
 1121         family day care homes to provide certain information
 1122         to parents at the time of enrollment and annually
 1123         thereafter; amending s. 402.3131, F.S.; requiring
 1124         large family child care homes to provide certain
 1125         information to parents at the time of enrollment and
 1126         annually thereafter; amending s. 409.1451, F.S.;
 1127         deleting a reporting requirement of the department and
 1128         the Independent Living Services Advisory Council;
 1129         providing an effective date.