Florida Senate - 2021              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1920
       
       
       
       
       
                               Ì771334ÂÎ771334                          
       
       576-03940-21                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.01,
    3         F.S.; defining the term “attorney for the child”;
    4         amending ss. 39.013 and 39.01305, F.S.; conforming
    5         provisions to changes made by the act; renaming part
    6         XI of ch. 39, F.S., as “Guardians ad litem, guardian
    7         advocates, and attorney for the child”; amending s.
    8         39.822, F.S.; conforming provisions to changes made by
    9         the act; specifying circumstances under which a court
   10         is authorized or required, on or after a specified
   11         date, to appoint a guardian ad litem; authorizing the
   12         court to maintain the appointment of a guardian ad
   13         litem in specified circumstances; authorizing the
   14         court to order that a new guardian ad litem be
   15         assigned for a child or discharge a guardian ad litem
   16         and appoint an attorney for the child under specified
   17         circumstances; amending s. 39.8296, F.S.; renaming the
   18         Guardian Ad Litem Qualifications Committee as the
   19         Child Well-Being Qualifications Committee; specifying
   20         that the executive director of the Statewide Guardian
   21         Ad Litem Office may be reappointed; clarifying that
   22         second and subsequent appointments made for the
   23         executive director of the office are for 3 years;
   24         requiring the office to develop guidelines to identify
   25         conflicts of interest of guardians ad litem;
   26         prohibiting the office from assigning such guardians;
   27         defining the term “conflicts of interest”; requiring
   28         the office to identify guardians ad litem who are
   29         experiencing health issues and who present a danger to
   30         the child to whom the guardian ad litem is assigned;
   31         requiring the office to remove such guardians from
   32         assigned cases, terminate their volunteer services in
   33         specified circumstances, and disclose such actions to
   34         the circuit court; creating s. 39.83, F.S.; creating
   35         the Statewide Office of Child Representation within
   36         the Justice Administrative Commission; requiring the
   37         commission to provide administrative support and
   38         services to the statewide office; providing that the
   39         statewide office is not subject to control,
   40         supervision, or direction by the commission; providing
   41         that employees of the statewide office are governed by
   42         the classification plan and salary and benefits plan
   43         approved by the commission; providing that the head of
   44         the statewide office is the executive director;
   45         providing the process for appointment; requiring that
   46         the initial executive director be appointed by a
   47         specified date; providing responsibilities of the
   48         office; authorizing the office to contract with local
   49         nonprofit agencies under certain conditions; creating
   50         a regional office of child representation within the
   51         boundaries of each of the five district courts of
   52         appeal; requiring such offices to commence fulfilling
   53         their purpose and duties on a specified date;
   54         requiring the commission to provide administrative
   55         support to the regional offices; providing that the
   56         offices are not subject to control, supervision, or
   57         direction by the commission; providing that employees
   58         of the offices are governed by the classification plan
   59         and salary and benefits plan for the commission;
   60         prescribing qualifications for child representation
   61         counsel; providing certain prohibitions; creating s.
   62         39.831, F.S.; specifying when the court is authorized
   63         or required to appoint an attorney for the child;
   64         requiring the court to appoint the Statewide Office of
   65         Child Representation; providing for the scope of
   66         representation for court-appointed counsel; limiting
   67         resources to be allocated; providing that staff may
   68         attend fair hearings; providing for the duration of
   69         attorney representation; authorizing the attorney for
   70         the child to arrange for supplemental or separate
   71         counsel in specified circumstances; providing for the
   72         appointment of private counsel when the office has a
   73         conflict of interest; requiring an attorney for the
   74         child to be compensated and have access to funding for
   75         expenses with specified conditions; providing
   76         conditions under which a parent is required to
   77         reimburse the court for the cost of the attorney;
   78         requiring agencies, persons, and organizations to
   79         allow an attorney for the child to inspect and copy
   80         certain records; defining the term “records”;
   81         providing requirements for an attorney for the child
   82         relating to hearings; requiring the Department of
   83         Children and Families to develop procedures to request
   84         that a court appoint an attorney for the child;
   85         authorizing the department to adopt rules; amending
   86         ss. 28.345, 39.001, 39.00145, 39.0132, 39.0139,
   87         39.202, 39.302, 39.402, 39.407, 39.4085, 39.502,
   88         39.521, 39.523, 39.6011, 39.6012, 39.6251, 39.701,
   89         39.702, 39.801, 39.802, 39.808, 39.810, 39.811,
   90         39.812, 43.16, 63.085, 322.09, 394.495, 627.746,
   91         934.255, and 960.065, F.S.; conforming cross
   92         references and provisions to changes made by the act;
   93         providing an effective date.
   94          
   95  Be It Enacted by the Legislature of the State of Florida:
   96  
   97         Section 1. Present subsections (9) through (87) of section
   98  39.01, Florida Statutes, are redesignated as subsections (10)
   99  through (88), respectively, a new subsection (9) is added to
  100  that section, and present subsections (10) and (37) are amended,
  101  to read:
  102         39.01 Definitions.—When used in this chapter, unless the
  103  context otherwise requires:
  104         (9)Attorney for the childmeans an attorney providing
  105  direct representation to the child, which may include the
  106  appointment of the Office of Child Representation, an attorney
  107  provided by an entity contracted through the Office of Child
  108  Representation to provide direct representation, any private
  109  court-appointed counsel who is compensated pursuant to s.
  110  27.5304, any privately retained counsel or pro bono counsel, or
  111  any other attorney who is appointed to represent the child under
  112  this chapter.
  113         (11)(10) “Caregiver” means the parent, legal custodian,
  114  permanent guardian, adult household member, or other person
  115  responsible for a child’s welfare as defined in subsection (55)
  116  (54).
  117         (38)(37) “Institutional child abuse or neglect” means
  118  situations of known or suspected child abuse or neglect in which
  119  the person allegedly perpetrating the child abuse or neglect is
  120  an employee of a public or private school, public or private day
  121  care center, residential home, institution, facility, or agency
  122  or any other person at such institution responsible for the
  123  child’s welfare as defined in subsection (55) (54).
  124         Section 2. Subsection (13) is added to section 39.013,
  125  Florida Statutes, to read:
  126         39.013 Procedures and jurisdiction; right to counsel.—
  127         (13) The court shall appoint an attorney for the child
  128  pursuant to s. 39.831.
  129         Section 3. Subsections (4) and (5) of section 39.01305,
  130  Florida Statutes, are amended to read:
  131         39.01305 Appointment of an attorney for a dependent child
  132  with certain special needs.—
  133         (4)(a)An attorney for the child appointed under this
  134  section shall be made in accordance with s. 39.831 Before a
  135  court may appoint an attorney, who may be compensated pursuant
  136  to this section, the court must request a recommendation from
  137  the Statewide Guardian Ad Litem Office for an attorney who is
  138  willing to represent a child without additional compensation. If
  139  such an attorney is available within 15 days after the court’s
  140  request, the court must appoint that attorney. However, the
  141  court may appoint a compensated attorney within the 15-day
  142  period if the Statewide Guardian Ad Litem Office informs the
  143  court that it will not be able to recommend an attorney within
  144  that time period.
  145         (b) After an attorney is appointed, the appointment
  146  continues in effect until the attorney is allowed to withdraw or
  147  is discharged by the court or until the case is dismissed. An
  148  attorney who is appointed under this section to represent the
  149  child shall provide the complete range of legal services, from
  150  the removal from home or from the initial appointment through
  151  all available appellate proceedings. With the permission of the
  152  court, the attorney for the dependent child may arrange for
  153  supplemental or separate counsel to represent the child in
  154  appellate proceedings. A court order appointing an attorney
  155  under this section must be in writing.
  156         (5) Unless the attorney has agreed to provide pro bono
  157  services, an appointed attorney or organization must be
  158  adequately compensated. All appointed attorneys and
  159  organizations, including pro bono attorneys, must be provided
  160  with access to funding for expert witnesses, depositions, and
  161  other due process costs of litigation. Payment of attorney fees
  162  and case-related due process costs are subject to appropriations
  163  and review by the Justice Administrative Commission for
  164  reasonableness. The Justice Administrative Commission shall
  165  contract with attorneys appointed by the court. Attorney fees
  166  may not exceed $1,000 per child per year.
  167         Section 4. Part XI of chapter 39, Florida Statutes,
  168  entitled “GUARDIANS AD LITEM AND GUARDIAN ADVOCATES,” is renamed
  169  GUARDIANS AD LITEM, GUARDIAN ADVOCATES, AND ATTORNEY FOR THE
  170  CHILD.
  171         Section 5. Section 39.822, Florida Statutes, is amended to
  172  read:
  173         39.822 Appointment of guardian ad litem for abused,
  174  abandoned, or neglected child.—
  175         (1)(a)Before July 1, 2022, a guardian ad litem must shall
  176  be appointed by the court at the earliest possible time to
  177  represent a the child in any child abuse, abandonment, or
  178  neglect judicial proceeding, whether civil or criminal.
  179         (b) On or after July 1, 2022, a guardian ad litem:
  180         1. Must be appointed by the court at the earliest possible
  181  time to represent a child under the following circumstances:
  182         a.The child remains in his or her home or nonlicensed
  183  placement under the protective supervision of the department;
  184         b. The child is the subject of a dependency proceeding
  185  under this chapter and the subject of a criminal proceeding;
  186         c. The child is the subject of a termination of parental
  187  rights proceeding under part X of this chapter; or
  188         d. The child is a dependent child as described in s.
  189  39.01305(3).
  190         2. May be appointed at the court’s discretion upon a
  191  finding that circumstances exist which require the appointment.
  192         (2)If a child who is appointed a guardian ad litem when
  193  placed under the protective supervision of the department as
  194  required under subparagraph (1)(b)1. is subsequently appointed
  195  an attorney for the child pursuant to s. 39.831, the court has
  196  the discretion to maintain the appointment of the guardian ad
  197  litem notwithstanding the appointment of an attorney for the
  198  child.
  199         (3)Upon request by a child who is the subject of a
  200  dependency proceeding under this chapter and who has a guardian
  201  ad litem assigned, or upon any party presenting evidence that
  202  there is reasonable cause to suspect the assigned guardian ad
  203  litem has a conflict of interest as defined in s.
  204  39.8296(2)(b)9., the court may:
  205         (a) Order that a new guardian ad litem be assigned; or
  206         (b) Unless otherwise provided by law, discharge the child’s
  207  current guardian ad litem and appoint an attorney for the child
  208  if one is not appointed.
  209         (4) Any person participating in a civil or criminal
  210  judicial proceeding resulting from such appointment shall be
  211  presumed prima facie to be acting in good faith and in so doing
  212  shall be immune from any liability, civil or criminal, that
  213  otherwise might be incurred or imposed.
  214         (5)(2) In those cases in which the parents are financially
  215  able, the parent or parents of the child shall reimburse the
  216  court, in part or in whole, for the cost of provision of
  217  guardian ad litem services. Reimbursement to the individual
  218  providing guardian ad litem services may shall not be contingent
  219  upon successful collection by the court from the parent or
  220  parents.
  221         (6)(3) Upon presentation by a guardian ad litem of a court
  222  order appointing the guardian ad litem:
  223         (a) An agency, as defined in chapter 119, shall allow the
  224  guardian ad litem to inspect and copy records related to the
  225  best interests of the child who is the subject of the
  226  appointment, including, but not limited to, records made
  227  confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of
  228  the State Constitution. The guardian ad litem shall maintain the
  229  confidential or exempt status of any records shared by an agency
  230  under this paragraph.
  231         (b) A person or organization, other than an agency under
  232  paragraph (a), shall allow the guardian ad litem to inspect and
  233  copy any records related to the best interests of the child who
  234  is the subject of the appointment, including, but not limited
  235  to, confidential records.
  236  
  237  For the purposes of this subsection, the term “records related
  238  to the best interests of the child” includes, but is not limited
  239  to, medical, mental health, substance abuse, child care,
  240  education, law enforcement, court, social services, and
  241  financial records.
  242         (7)(4) The guardian ad litem or the program representative
  243  shall review all disposition recommendations and changes in
  244  placements, and must be present at all critical stages of the
  245  dependency proceeding or submit a written report of
  246  recommendations to the court. Written reports must be filed with
  247  the court and served on all parties whose whereabouts are known
  248  at least 72 hours before prior to the hearing.
  249         Section 6. Subsection (2) of section 39.8296, Florida
  250  Statutes, is amended to read:
  251         39.8296 Statewide Guardian Ad Litem Office; legislative
  252  findings and intent; creation; appointment of executive
  253  director; duties of office.—
  254         (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
  255  Statewide Guardian Ad Litem Office within the Justice
  256  Administrative Commission. The Justice Administrative Commission
  257  shall provide administrative support and service to the office
  258  to the extent requested by the executive director within the
  259  available resources of the commission. The Statewide Guardian Ad
  260  Litem Office is not subject to control, supervision, or
  261  direction by the Justice Administrative Commission in the
  262  performance of its duties, but the employees of the office are
  263  governed by the classification plan and salary and benefits plan
  264  approved by the Justice Administrative Commission.
  265         (a) The head of the Statewide Guardian Ad Litem Office is
  266  the executive director, who shall be appointed by the Governor
  267  from a list of a minimum of three eligible applicants submitted
  268  by the Child Well-Being a Guardian Ad Litem Qualifications
  269  Committee. The Child Well-Being Guardian Ad Litem Qualifications
  270  Committee shall be composed of five persons, two persons
  271  appointed by the Governor, two persons appointed by the Chief
  272  Justice of the Supreme Court, and one person appointed by the
  273  Statewide Guardian Ad Litem Association. The committee shall
  274  provide for statewide advertisement and the receiving of
  275  applications for the position of executive director. The
  276  Governor shall appoint an executive director from among the
  277  recommendations, or the Governor may reject the nominations and
  278  request the submission of new nominees. The executive director
  279  must have knowledge in dependency law and knowledge of social
  280  service delivery systems available to meet the needs of children
  281  who are abused, neglected, or abandoned. The executive director
  282  shall serve on a full-time basis and shall personally, or
  283  through representatives of the office, carry out the purposes
  284  and functions of the Statewide Guardian Ad Litem Office in
  285  accordance with state and federal law. The executive director
  286  shall report to the Governor. The executive director shall serve
  287  a 3-year term, subject to removal for cause by the Governor. Any
  288  person appointed to serve as the executive director may be
  289  reappointed permitted to serve more than one term in accordance
  290  with the process provided for in this paragraph. Every second or
  291  subsequent appointment shall be for a term of 3 years.
  292         (b) The Statewide Guardian Ad Litem Office shall, within
  293  available resources, have oversight responsibilities for and
  294  provide technical assistance to all guardian ad litem and
  295  attorney ad litem programs located within the judicial circuits.
  296         1. The office shall identify the resources required to
  297  implement methods of collecting, reporting, and tracking
  298  reliable and consistent case data.
  299         2. The office shall review the current guardian ad litem
  300  programs in Florida and other states.
  301         3. The office, in consultation with local guardian ad litem
  302  offices, shall develop statewide performance measures and
  303  standards.
  304         4. The office shall develop a guardian ad litem training
  305  program, which shall include, but is not limited to, training on
  306  the recognition of and responses to head trauma and brain injury
  307  in a child under 6 years of age. The office shall establish a
  308  curriculum committee to develop the training program specified
  309  in this subparagraph. The curriculum committee shall include,
  310  but not be limited to, dependency judges, directors of circuit
  311  guardian ad litem programs, active certified guardians ad litem,
  312  a mental health professional who specializes in the treatment of
  313  children, a member of a child advocacy group, a representative
  314  of a domestic violence advocacy group, an individual with a
  315  degree in social work, and a social worker experienced in
  316  working with victims and perpetrators of child abuse.
  317         5. The office shall review the various methods of funding
  318  guardian ad litem programs, maximize the use of those funding
  319  sources to the extent possible, and review the kinds of services
  320  being provided by circuit guardian ad litem programs.
  321         6. The office shall determine the feasibility or
  322  desirability of new concepts of organization, administration,
  323  financing, or service delivery designed to preserve the civil
  324  and constitutional rights and fulfill other needs of dependent
  325  children.
  326         7. In an effort to promote normalcy and establish trust
  327  between a court-appointed volunteer guardian ad litem and a
  328  child alleged to be abused, abandoned, or neglected under this
  329  chapter, a guardian ad litem may transport a child. However, a
  330  guardian ad litem volunteer may not be required or directed by
  331  the program or a court to transport a child.
  332         8. The office shall submit to the Governor, the President
  333  of the Senate, the Speaker of the House of Representatives, and
  334  the Chief Justice of the Supreme Court an interim report
  335  describing the progress of the office in meeting the goals as
  336  described in this section. The office shall submit to the
  337  Governor, the President of the Senate, the Speaker of the House
  338  of Representatives, and the Chief Justice of the Supreme Court a
  339  proposed plan including alternatives for meeting the state’s
  340  guardian ad litem and attorney ad litem needs. This plan may
  341  include recommendations for less than the entire state, may
  342  include a phase-in system, and shall include estimates of the
  343  cost of each of the alternatives. Each year the office shall
  344  provide a status report and provide further recommendations to
  345  address the need for guardian ad litem services and related
  346  issues.
  347         9.The office shall develop guidelines to identify any
  348  possible conflicts of interest of a guardian ad litem when he or
  349  she is being considered for assignment to a child’s case. The
  350  office may not assign a guardian ad litem for whom a conflict of
  351  interest has been identified to a child’s case. For purposes of
  352  this subparagraph, the term “conflicts of interest” means the
  353  guardian ad litem:
  354         a. Has a personal relationship that could influence a
  355  recommendation regarding a child whom he or she is serving as a
  356  guardian ad litem;
  357         b. Is in a position to derive a personal benefit from his
  358  or her role as a guardian ad litem; or
  359         c. Has a particular factor or circumstance, including
  360  personal bias or prejudice against a protected class of the
  361  child or the child’s family, that prevents or substantially
  362  impairs his or her ability to fairly and fully discharge the
  363  duties of the guardian ad litem.
  364         (c) The Statewide Guardian Ad Litem Office shall identify
  365  any guardian ad litem who is experiencing an issue with his or
  366  her physical or mental health and who appears to present a
  367  danger to any child to whom the guardian ad litem is assigned.
  368  As soon as possible after identification, the office must remove
  369  such guardian ad litem from all assigned cases, terminate his or
  370  her direct child contact volunteer services with the Guardian Ad
  371  Litem Program, and disclose such action to the appropriate
  372  circuit court. The Statewide Guardian Ad Litem Office may allow
  373  a guardian ad litem with physical or mental health issues
  374  identified in accordance with this paragraph to work in the
  375  office without direct child contact provided such issues do not
  376  negatively affect his or her ability to perform any required
  377  work duties or pose a risk of harm to any children represented
  378  by the program. A guardian ad litem who has caused harm to any
  379  child during the course of his or her appointment may not be
  380  employed by or permitted to volunteer for the program.
  381         Section 7. Section 39.83, Florida Statutes, is created to
  382  read:
  383         39.83 Statewide Office of Child Representation;
  384  qualifications, appointment, and duties of executive director
  385  and attorney for the child.—
  386         (1)STATEWIDE OFFICE OF CHILD REPRESENTATION.—
  387         (a)There is created a Statewide Office of Child
  388  Representation within the Justice Administrative Commission. The
  389  Justice Administrative Commission shall provide administrative
  390  support and services to the statewide office as directed by the
  391  executive director within the available resources of the
  392  commission. The statewide office is not subject to control,
  393  supervision, or direction by the Justice Administrative
  394  Commission in the performance of its duties, but the employees
  395  of the office are governed by the classification plan and salary
  396  and benefits plan approved by the Justice Administrative
  397  Commission.
  398         (b)The head of the Statewide Office of Child
  399  Representation is the executive director who must be a member of
  400  The Florida Bar in good standing for at least 5 years and have
  401  knowledge of dependency law and the social service delivery
  402  systems available to meet the needs of children who are abused,
  403  neglected, or abandoned. The executive director shall be
  404  appointed in accordance with the process, and serve in
  405  accordance with the terms and requirements, provided in s.
  406  39.8296(2)(a) for the head of the Statewide Guardian Ad Litem
  407  Office. The appointment for the initial executive director must
  408  be completed by January 1, 2022.
  409         (c)The Statewide Office of Child Representation, within
  410  available resources of the Justice Administrative Commission, is
  411  responsible for oversight of, and for providing technical
  412  assistance to, all offices of child representation in this
  413  state. The statewide office:
  414         1. Shall identify the resources required to implement
  415  methods of collecting, reporting, and tracking reliable and
  416  consistent case data;
  417         2. Shall review and collect information relating to offices
  418  of child representation and other models of attorney
  419  representation of children in other states;
  420         3. In consultation with the regional offices of child
  421  representation established under subsection (2), shall develop
  422  statewide performance measures and standards;
  423         4. Shall develop a training program for each attorney for
  424  the child. To that end, the statewide office shall establish a
  425  curriculum committee composed of members including, but not
  426  limited to, a dependency judge, a director of circuit guardian
  427  ad litem programs, an active certified guardian ad litem, a
  428  mental health professional who specializes in the treatment of
  429  children, a member of a child advocacy group, a representative
  430  of a domestic violence advocacy group, an individual with at
  431  least a Master of Social Work degree, and a social worker
  432  experienced in working with victims and perpetrators of child
  433  abuse;
  434         5. Shall develop protocols that must be implemented to
  435  assist children who are represented by the Statewide Office of
  436  Child Representation, regional offices, or its contracted local
  437  agencies in meeting eligibility requirements to receive all
  438  available federal funding. This subparagraph may not be
  439  construed to mean that the protocols may interfere with zealous
  440  and effective representation of the children;
  441         6. Shall review the various methods of funding the regional
  442  offices, maximize the use of those funding sources to the extent
  443  possible, and review the kinds of services being provided by the
  444  regional offices;
  445         7. Shall determine the feasibility or desirability of new
  446  concepts of organization, administration, financing, or service
  447  delivery designed to preserve the civil and constitutional
  448  rights of, and fulfill other needs of, dependent children;
  449         8.Shall establish standards and protocols for
  450  representation of children with diminished capacity; and
  451         9. Shall submit to the Governor, the President of the
  452  Senate, the Speaker of the House of Representatives, and the
  453  Chief Justice of the Supreme Court:
  454         a. An interim report describing the progress of the
  455  statewide office in meeting the responsibilities described in
  456  this paragraph.
  457         b.A proposed plan that includes alternatives for meeting
  458  the representation needs of children in this state. The plan may
  459  include recommendations for implementation in only a portion of
  460  this state or phased-in statewide implementation and must
  461  include an estimate of the cost of each such alternative.
  462         c.An annual status report that includes any additional
  463  recommendations for addressing the representation needs of
  464  children in this state and related issues.
  465         (d)The department or community-based care lead agency
  466  shall take any steps necessary to obtain all available federal
  467  funding and maintain compliance with eligibility requirements.
  468         (e)The statewide office may contract with a local
  469  nonprofit agency to provide direct attorney representation to a
  470  child, including, but not limited to, representation in the
  471  dependency proceeding as provided for in s. 39.831, if the
  472  office determines that the contract is the most efficient method
  473  to satisfy its statutory duties and if federal funding has been
  474  approved for this purpose or the local agency is required in the
  475  contract to seek such approval. The office must ensure that
  476  reimbursement of any Title IV-E funds is properly documented.
  477         (2)REGIONAL OFFICES OF CHILD REPRESENTATION.—
  478         (a)An office of child representation is created within the
  479  area served by each of the five district courts of appeal. The
  480  offices shall commence fulfilling their statutory purpose and
  481  duties on July 1, 2022.
  482         (b) Each regional office of child representation is
  483  assigned to the Justice Administrative Commission for
  484  administrative purposes. The commission shall provide
  485  administrative support and service to the offices within the
  486  available resources of the commission. The offices are not
  487  subject to control, supervision, or direction by the commission
  488  in the performance of their duties, but the employees of the
  489  offices are governed by the classification plan and the salary
  490  and benefits plan approved by the commission.
  491         (3)CHILD REPRESENTATION COUNSEL; DUTIES.—The child
  492  representation counsel shall serve on a full-time basis and may
  493  not engage in the private practice of law while holding office.
  494  Each assistant child representation counsel shall give priority
  495  and preference to his or her duties as assistant child
  496  representation counsel and may not otherwise engage in the
  497  practice of dependency law. However, a part-time child
  498  representation counsel may practice dependency law for private
  499  payment so long as the representation does not result in a legal
  500  or ethical conflict of interest with a case in which the office
  501  of child representation is providing representation.
  502         Section 8. Section 39.831, Florida Statutes, is created to
  503  read:
  504         39.831Attorney for the child.
  505         (1)APPOINTMENT.—
  506         (a) An attorney for the child:
  507         1. Shall be appointed by the court as provided in s.
  508  39.01305(3);
  509         2. Shall be appointed by the court for any child who is
  510  placed in out-of-home licensed care on or after July 1, 2022,
  511  and who is the subject of a dependency proceeding under this
  512  chapter; or
  513         3. May be appointed at the court’s discretion to represent
  514  a child who is the subject of a dependency proceeding upon a
  515  finding that circumstances exist which require the appointment.
  516         (b) The court shall appoint the Statewide Office of Child
  517  Representation unless the child is otherwise represented by
  518  counsel.
  519         (c)An attorney for the child appointed pursuant to this
  520  section shall represent the child only in the dependency
  521  proceeding, which may include representation in fair hearings
  522  and appellate proceedings that are directly related to matters
  523  needing resolution for the child to achieve permanency. The
  524  Statewide Office of Child Representation or local nonprofit
  525  agency appointed to represent a child in the dependency
  526  proceeding shall provide representation in fair hearings within
  527  the resources allotted for representation in the dependency
  528  proceeding. Trained staff of the office of child representation
  529  or local nonprofit agency may attend the fair hearings rather
  530  than the appointed attorney when appropriate. Trained staff for
  531  purposes of this paragraph may include, but is not limited to,
  532  social workers, case managers, education advocates, or health
  533  care advocates.
  534         (d) Notwithstanding the basis on which an attorney for the
  535  child is appointed under paragraph (a), the appointment of the
  536  attorney for the child continues in effect until the attorney
  537  for the child is allowed to withdraw or is discharged by the
  538  court or until the case is dismissed. An attorney for the child
  539  who is appointed under this section to represent a child shall
  540  provide all required legal services in the dependency proceeding
  541  or fair hearings provided for in this section from the time of
  542  the child’s removal from home or of the attorney for the child’s
  543  initial appointment through all appellate proceedings. With the
  544  permission of the court, the appointed attorney for the child
  545  may arrange for supplemental or separate counsel to represent
  546  the child in appellate proceedings. A court order appointing an
  547  attorney for the child under this section must be in writing.
  548         (e) If, at any time during the representation of two or
  549  more children in a dependency proceeding, a child representation
  550  counsel determines that the interests of those clients are so
  551  adverse or hostile that they cannot all be counseled by child
  552  representation counsel or his or her staff because of a conflict
  553  of interest, the child representation counsel shall file a
  554  motion to withdraw and move the court to appoint other counsel.
  555  Child representation counsel may not automatically determine the
  556  appointment to represent siblings is a conflict of interest. If
  557  requested by the Justice Administrative Commission, the child
  558  representation counsel shall submit a copy of the motion to the
  559  Justice Administrative Commission at the time it is filed with
  560  the court. The court shall review and may inquire or conduct a
  561  hearing into the adequacy of the child representation counsel’s
  562  submissions regarding a conflict of interest without requiring
  563  the disclosure of any confidential communications. The court
  564  shall deny the motion to withdraw if the court finds the grounds
  565  for withdrawal are insufficient or the asserted conflict is not
  566  prejudicial to the client. If the court grants the motion to
  567  withdraw, the court shall appoint one or more private attorneys
  568  to represent the person in accordance with the requirements and
  569  process provided for in s. 27.40. The clerk of court shall
  570  inform the child representation counsel and the commission when
  571  the court appoints private counsel.
  572         (f) Unless the attorney has agreed to provide pro bono
  573  services, an appointed attorney or organization must be
  574  adequately compensated as provided in s. 27.5304. All appointed
  575  attorneys and organizations, including pro bono attorneys, must
  576  be provided with access to funding for expert witnesses,
  577  depositions, and other due process costs of litigation. Payments
  578  of attorney fees and case-related due process costs are subject
  579  to appropriations and review by the Justice Administrative
  580  Commission for reasonableness. The Justice Administrative
  581  Commission shall contract with attorneys appointed by the court.
  582  Attorney fees may not exceed $1,000 per child per year.
  583         (g) In cases in which one or both parents are financially
  584  able, the parent or parents, as applicable, of the child shall
  585  reimburse the court, in whole or in part, for the cost of
  586  services provided under this section; however, reimbursement for
  587  services provided by the attorney for the child may not be
  588  contingent upon successful collection by the court of
  589  reimbursement from the parent or parents.
  590         (2)ACCESS TO RECORDS.—Upon presentation of a court order
  591  appointing an attorney for the child:
  592         (a) An agency as defined in chapter 119 must allow the
  593  attorney for the child to inspect and copy records related to
  594  the child who is the subject of the appointment, including, but
  595  not limited to, records made confidential or exempt from s.
  596  119.07(1) or s. 24(a), Art. I of the State Constitution. The
  597  attorney for the child shall maintain the confidential or exempt
  598  status of any records shared by an agency under this paragraph.
  599         (b) A person or an organization, other than an agency under
  600  paragraph (a), must allow the attorney for the child to inspect
  601  and copy any records related to the child who is the subject of
  602  the appointment, including, but not limited to, confidential
  603  records.
  604  
  605  For the purposes of this subsection, the term “records”
  606  includes, but is not limited to, medical, mental health,
  607  substance abuse, child care, education, law enforcement, court,
  608  social services, and financial records.
  609         (3)COURT HEARINGS.—The attorney for the child shall review
  610  all disposition recommendations and changes in placements and
  611  file all appropriate motions on behalf of the child at least 72
  612  hours before the hearing.
  613         (4) PROCEDURES.—The department shall develop procedures to
  614  request that a court appoint an attorney for the child.
  615         (5) RULEMAKING.—The department may adopt rules to implement
  616  this section.
  617         Section 9. Subsection (1) of section 28.345, Florida
  618  Statutes, is amended to read:
  619         28.345 State access to records; exemption from court
  620  related fees and charges.—
  621         (1) Notwithstanding any other provision of law, the clerk
  622  of the circuit court shall, upon request, provide access to
  623  public records without charge to the state attorney, public
  624  defender, guardian ad litem, public guardian, attorney ad litem,
  625  criminal conflict and civil regional counsel, court-appointed
  626  attorney for the child, and private court-appointed counsel paid
  627  by the state, and to authorized staff acting on their behalf.
  628  The clerk of court may provide the requested public record in an
  629  electronic format in lieu of a paper format if the requesting
  630  entity is capable of accessing such public record
  631  electronically.
  632         Section 10. Paragraph (j) of subsection (3) and paragraph
  633  (a) of subsection (10) of section 39.001, Florida Statutes, are
  634  amended to read:
  635         39.001 Purposes and intent; personnel standards and
  636  screening.—
  637         (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
  638  the Legislature that the children of this state be provided with
  639  the following protections:
  640         (j) The ability to contact their guardian ad litem or
  641  attorney for the child attorney ad litem, if appointed, by
  642  having that individual’s name entered on all orders of the
  643  court.
  644         (10) PLAN FOR COMPREHENSIVE APPROACH.—
  645         (a) The office shall develop a state plan for the promotion
  646  of adoption, support of adoptive families, and prevention of
  647  abuse, abandonment, and neglect of children. The Department of
  648  Children and Families, the Department of Corrections, the
  649  Department of Education, the Department of Health, the
  650  Department of Juvenile Justice, the Department of Law
  651  Enforcement, and the Agency for Persons with Disabilities shall
  652  participate and fully cooperate in the development of the state
  653  plan at both the state and local levels. Furthermore,
  654  appropriate local agencies and organizations shall be provided
  655  an opportunity to participate in the development of the state
  656  plan at the local level. Appropriate local groups and
  657  organizations shall include, but not be limited to, community
  658  mental health centers; guardian ad litem programs for children
  659  under the circuit court; child representation counsel regional
  660  offices; the school boards of the local school districts; the
  661  Florida local advocacy councils; community-based care lead
  662  agencies; private or public organizations or programs with
  663  recognized expertise in working with child abuse prevention
  664  programs for children and families; private or public
  665  organizations or programs with recognized expertise in working
  666  with children who are sexually abused, physically abused,
  667  emotionally abused, abandoned, or neglected and with expertise
  668  in working with the families of such children; private or public
  669  programs or organizations with expertise in maternal and infant
  670  health care; multidisciplinary Child Protection Teams; child day
  671  care centers; law enforcement agencies; and the circuit courts,
  672  when guardian ad litem programs and attorney for the child are
  673  not available in the local area. The state plan to be provided
  674  to the Legislature and the Governor shall include, as a minimum,
  675  the information required of the various groups in paragraph (b).
  676         Section 11. Subsections (2) and (4) of section 39.00145,
  677  Florida Statutes, are amended to read:
  678         39.00145 Records concerning children.—
  679         (2) Notwithstanding any other provision of this chapter,
  680  all records in a child’s case record must be made available for
  681  inspection, upon request, to the child who is the subject of the
  682  case record and to the child’s caregiver, guardian ad litem, or
  683  attorney for the child attorney.
  684         (a) A complete and accurate copy of any record in a child’s
  685  case record must be provided, upon request and at no cost, to
  686  the child who is the subject of the case record and to the
  687  child’s caregiver, guardian ad litem, or attorney.
  688         (b) The department shall release the information in a
  689  manner and setting that are appropriate to the age and maturity
  690  of the child and the nature of the information being released,
  691  which may include the release of information in a therapeutic
  692  setting, if appropriate. This paragraph does not deny the child
  693  access to his or her records.
  694         (c) If a child or the child’s caregiver, guardian ad litem,
  695  or attorney for the child attorney requests access to the
  696  child’s case record, any person or entity that fails to provide
  697  any record in the case record under assertion of a claim of
  698  exemption from the public records requirements of chapter 119,
  699  or fails to provide access within a reasonable time, is subject
  700  to sanctions and penalties under s. 119.10.
  701         (d) For the purposes of this subsection, the term
  702  “caregiver” is limited to parents, legal custodians, permanent
  703  guardians, or foster parents; employees of a residential home,
  704  institution, facility, or agency at which the child resides; and
  705  other individuals legally responsible for a child’s welfare in a
  706  residential setting.
  707         (4) Notwithstanding any other provision of law, all state
  708  and local agencies and programs that provide services to
  709  children or that are responsible for a child’s safety, including
  710  the Department of Juvenile Justice, the Department of Health,
  711  the Agency for Health Care Administration, the Agency for
  712  Persons with Disabilities, the Department of Education, the
  713  Department of Revenue, the school districts, the Statewide
  714  Guardian Ad Litem Office, the Statewide Office of Child
  715  Representation, and any provider contracting with such agencies,
  716  may share with each other confidential records or information
  717  that are confidential or exempt from disclosure under chapter
  718  119 if the records or information are reasonably necessary to
  719  ensure access to appropriate services for the child, including
  720  child support enforcement services, or for the safety of the
  721  child. However:
  722         (a) Records or information made confidential by federal law
  723  may not be shared.
  724         (b) This subsection does not apply to information
  725  concerning clients and records of certified domestic violence
  726  centers, which are confidential under s. 39.908 and privileged
  727  under s. 90.5036.
  728         Section 12. Subsections (3) and (4) of section 39.0132,
  729  Florida Statutes, are amended to read:
  730         39.0132 Oaths, records, and confidential information.—
  731         (3) The clerk shall keep all court records required by this
  732  chapter separate from other records of the circuit court. All
  733  court records required by this chapter shall not be open to
  734  inspection by the public. All records shall be inspected only
  735  upon order of the court by persons deemed by the court to have a
  736  proper interest therein, except that, subject to the provisions
  737  of s. 63.162, a child, and the parents of the child and their
  738  attorneys, guardian ad litem, attorney for the child, law
  739  enforcement agencies, and the department and its designees shall
  740  always have the right to inspect and copy any official record
  741  pertaining to the child. The Justice Administrative Commission
  742  may inspect court dockets required by this chapter as necessary
  743  to audit compensation of court-appointed attorneys. If the
  744  docket is insufficient for purposes of the audit, the commission
  745  may petition the court for additional documentation as necessary
  746  and appropriate. The court may permit authorized representatives
  747  of recognized organizations compiling statistics for proper
  748  purposes to inspect and make abstracts from official records,
  749  under whatever conditions upon their use and disposition the
  750  court may deem proper, and may punish by contempt proceedings
  751  any violation of those conditions.
  752         (4)(a)1. All information obtained pursuant to this part in
  753  the discharge of official duty by any judge, employee of the
  754  court, authorized agent of the department, correctional
  755  probation officer, or law enforcement agent is confidential and
  756  exempt from s. 119.07(1) and may not be disclosed to anyone
  757  other than the authorized personnel of the court, the department
  758  and its designees, correctional probation officers, law
  759  enforcement agents, guardian ad litem, attorney for the child,
  760  and others entitled under this chapter to receive that
  761  information, except upon order of the court.
  762         2.a. The following information held by a guardian ad litem
  763  is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
  764  I of the State Constitution:
  765         (I) Medical, mental health, substance abuse, child care,
  766  education, law enforcement, court, social services, and
  767  financial records.
  768         (II) Any other information maintained by a guardian ad
  769  litem which is identified as confidential information under this
  770  chapter.
  771         b. Such confidential and exempt information may not be
  772  disclosed to anyone other than the authorized personnel of the
  773  court, the department and its designees, correctional probation
  774  officers, law enforcement agents, guardians ad litem, and others
  775  entitled under this chapter to receive that information, except
  776  upon order of the court.
  777         (b) The department shall disclose to the school
  778  superintendent the presence of any child in the care and custody
  779  or under the jurisdiction or supervision of the department who
  780  has a known history of criminal sexual behavior with other
  781  juveniles; is an alleged juvenile sex offender, as defined in s.
  782  39.01; or has pled guilty or nolo contendere to, or has been
  783  found to have committed, a violation of chapter 794, chapter
  784  796, chapter 800, s. 827.071, or s. 847.0133, regardless of
  785  adjudication. Any employee of a district school board who
  786  knowingly and willfully discloses such information to an
  787  unauthorized person commits a misdemeanor of the second degree,
  788  punishable as provided in s. 775.082 or s. 775.083.
  789         Section 13. Paragraphs (a) and (b) of subsection (4) of
  790  section 39.0139, Florida Statutes, are amended to read:
  791         39.0139 Visitation or other contact; restrictions.—
  792         (4) HEARINGS.—A person who meets any of the criteria set
  793  forth in paragraph (3)(a) who seeks to begin or resume contact
  794  with the child victim shall have the right to an evidentiary
  795  hearing to determine whether contact is appropriate.
  796         (a) Before Prior to the hearing, the court shall appoint an
  797  attorney for the child an attorney ad litem or a guardian ad
  798  litem, as appropriate, for the child if one has not already been
  799  appointed. Any attorney for the child attorney ad litem or
  800  guardian ad litem appointed shall have special training in the
  801  dynamics of child sexual abuse.
  802         (b) At the hearing, the court may receive and rely upon any
  803  relevant and material evidence submitted to the extent of its
  804  probative value, including written and oral reports or
  805  recommendations from the Child Protection Team, the child’s
  806  therapist, or the child’s guardian ad litem, or the child’s
  807  attorney ad litem, even if these reports, recommendations, and
  808  evidence may not be admissible under the rules of evidence.
  809         Section 14. Paragraphs (k) and (t) of subsection (2) of
  810  section 39.202, Florida Statutes, are amended to read:
  811         39.202 Confidentiality of reports and records in cases of
  812  child abuse or neglect.—
  813         (2) Except as provided in subsection (4), access to such
  814  records, excluding the name of, or other identifying information
  815  with respect to, the reporter which shall be released only as
  816  provided in subsection (5), shall be granted only to the
  817  following persons, officials, and agencies:
  818         (k) Any appropriate official of a Florida advocacy council
  819  investigating a report of known or suspected child abuse,
  820  abandonment, or neglect; the Auditor General or the Office of
  821  Program Policy Analysis and Government Accountability for the
  822  purpose of conducting audits or examinations pursuant to law; or
  823  the child’s guardian ad litem or attorney for the child.
  824         (t) Persons with whom the department is seeking to place
  825  the child or to whom placement has been granted, including
  826  foster parents for whom an approved home study has been
  827  conducted, the designee of a licensed child-caring agency as
  828  defined in s. 39.01(42) s. 39.01(41), an approved relative or
  829  nonrelative with whom a child is placed pursuant to s. 39.402,
  830  preadoptive parents for whom a favorable preliminary adoptive
  831  home study has been conducted, adoptive parents, or an adoption
  832  entity acting on behalf of preadoptive or adoptive parents.
  833         Section 15. Subsection (1) of section 39.302, Florida
  834  Statutes, is amended to read:
  835         39.302 Protective investigations of institutional child
  836  abuse, abandonment, or neglect.—
  837         (1) The department shall conduct a child protective
  838  investigation of each report of institutional child abuse,
  839  abandonment, or neglect. Upon receipt of a report that alleges
  840  that an employee or agent of the department, or any other entity
  841  or person covered by s. 39.01(38) or (55) s. 39.01(37) or (54),
  842  acting in an official capacity, has committed an act of child
  843  abuse, abandonment, or neglect, the department shall initiate a
  844  child protective investigation within the timeframe established
  845  under s. 39.201(5) and notify the appropriate state attorney,
  846  law enforcement agency, and licensing agency, which shall
  847  immediately conduct a joint investigation, unless independent
  848  investigations are more feasible. When conducting investigations
  849  or having face-to-face interviews with the child, investigation
  850  visits shall be unannounced unless it is determined by the
  851  department or its agent that unannounced visits threaten the
  852  safety of the child. If a facility is exempt from licensing, the
  853  department shall inform the owner or operator of the facility of
  854  the report. Each agency conducting a joint investigation is
  855  entitled to full access to the information gathered by the
  856  department in the course of the investigation. A protective
  857  investigation must include an interview with the child’s parent
  858  or legal guardian. The department shall make a full written
  859  report to the state attorney within 3 working days after making
  860  the oral report. A criminal investigation shall be coordinated,
  861  whenever possible, with the child protective investigation of
  862  the department. Any interested person who has information
  863  regarding the offenses described in this subsection may forward
  864  a statement to the state attorney as to whether prosecution is
  865  warranted and appropriate. Within 15 days after the completion
  866  of the investigation, the state attorney shall report the
  867  findings to the department and shall include in the report a
  868  determination of whether or not prosecution is justified and
  869  appropriate in view of the circumstances of the specific case.
  870         Section 16. Paragraph (c) of subsection (8) and paragraph
  871  (a) of subsection (14) of section 39.402, Florida Statutes, are
  872  amended to read:
  873         39.402 Placement in a shelter.—
  874         (8)
  875         (c) At the shelter hearing, the court shall:
  876         1. Appoint a guardian ad litem to represent the best
  877  interest of the child or an attorney for the child to provide
  878  direct representation as provided in part XI, unless the court
  879  finds that such representation is unnecessary;
  880         2. Inform the parents or legal custodians of their right to
  881  counsel to represent them at the shelter hearing and at each
  882  subsequent hearing or proceeding, and the right of the parents
  883  to appointed counsel, pursuant to the procedures set forth in s.
  884  39.013;
  885         3. Give the parents or legal custodians an opportunity to
  886  be heard and to present evidence; and
  887         4. Inquire of those present at the shelter hearing as to
  888  the identity and location of the legal father. In determining
  889  who the legal father of the child may be, the court shall
  890  inquire under oath of those present at the shelter hearing
  891  whether they have any of the following information:
  892         a. Whether the mother of the child was married at the
  893  probable time of conception of the child or at the time of birth
  894  of the child.
  895         b. Whether the mother was cohabiting with a male at the
  896  probable time of conception of the child.
  897         c. Whether the mother has received payments or promises of
  898  support with respect to the child or because of her pregnancy
  899  from a man who claims to be the father.
  900         d. Whether the mother has named any man as the father on
  901  the birth certificate of the child or in connection with
  902  applying for or receiving public assistance.
  903         e. Whether any man has acknowledged or claimed paternity of
  904  the child in a jurisdiction in which the mother resided at the
  905  time of or since conception of the child or in which the child
  906  has resided or resides.
  907         f. Whether a man is named on the birth certificate of the
  908  child pursuant to s. 382.013(2).
  909         g. Whether a man has been determined by a court order to be
  910  the father of the child.
  911         h. Whether a man has been determined to be the father of
  912  the child by the Department of Revenue as provided in s.
  913  409.256.
  914         (14) The time limitations in this section do not include:
  915         (a) Periods of delay resulting from a continuance granted
  916  at the request or with the consent of the attorney for the child
  917  or the child’s counsel or the child’s guardian ad litem, if one
  918  has been appointed by the court, or, if the child is of
  919  sufficient capacity to express reasonable consent, at the
  920  request or with the consent of the attorney for the child
  921  child’s attorney or the child’s guardian ad litem, if one has
  922  been appointed by the court, and the child.
  923         Section 17. Paragraphs (e) and (f) of subsection (3) and
  924  subsection (6) of section 39.407, Florida Statutes, are amended
  925  to read:
  926         39.407 Medical, psychiatric, and psychological examination
  927  and treatment of child; physical, mental, or substance abuse
  928  examination of person with or requesting child custody.—
  929         (3)
  930         (e)1. If the child’s prescribing physician or psychiatric
  931  nurse, as defined in s. 394.455, certifies in the signed medical
  932  report required in paragraph (c) that delay in providing a
  933  prescribed psychotropic medication would more likely than not
  934  cause significant harm to the child, the medication may be
  935  provided in advance of the issuance of a court order. In such
  936  event, the medical report must provide the specific reasons why
  937  the child may experience significant harm and the nature and the
  938  extent of the potential harm. The department must submit a
  939  motion seeking continuation of the medication and the
  940  physician’s or psychiatric nurse’s medical report to the court,
  941  the child’s guardian ad litem or the attorney for the child, and
  942  all other parties within 3 working days after the department
  943  commences providing the medication to the child. The department
  944  shall seek the order at the next regularly scheduled court
  945  hearing required under this chapter, or within 30 days after the
  946  date of the prescription, whichever occurs sooner. If any party
  947  objects to the department’s motion, the court shall hold a
  948  hearing within 7 days.
  949         2. Psychotropic medications may be administered in advance
  950  of a court order in hospitals, crisis stabilization units, and
  951  in statewide inpatient psychiatric programs. Within 3 working
  952  days after the medication is begun, the department must seek
  953  court authorization as described in paragraph (c).
  954         (f)1. The department shall fully inform the court of the
  955  child’s medical and behavioral status as part of the social
  956  services report prepared for each judicial review hearing held
  957  for a child for whom psychotropic medication has been prescribed
  958  or provided under this subsection. As a part of the information
  959  provided to the court, the department shall furnish copies of
  960  all pertinent medical records concerning the child which have
  961  been generated since the previous hearing. On its own motion or
  962  on good cause shown by any party, including any guardian ad
  963  litem, or the child attorney, or attorney ad litem who has been
  964  appointed to represent the child or the child’s interests, the
  965  court may review the status more frequently than required in
  966  this subsection.
  967         2. The court may, in the best interests of the child, order
  968  the department to obtain a medical opinion addressing whether
  969  the continued use of the medication under the circumstances is
  970  safe and medically appropriate.
  971         (6) Children who are in the legal custody of the department
  972  may be placed by the department, without prior approval of the
  973  court, in a residential treatment center licensed under s.
  974  394.875 or a hospital licensed under chapter 395 for residential
  975  mental health treatment only pursuant to this section or may be
  976  placed by the court in accordance with an order of involuntary
  977  examination or involuntary placement entered pursuant to s.
  978  394.463 or s. 394.467. All children placed in a residential
  979  treatment program under this subsection must be appointed have a
  980  guardian ad litem and an attorney for the child appointed.
  981         (a) As used in this subsection, the term:
  982         1. “Residential treatment” means placement for observation,
  983  diagnosis, or treatment of an emotional disturbance in a
  984  residential treatment center licensed under s. 394.875 or a
  985  hospital licensed under chapter 395.
  986         2. “Least restrictive alternative” means the treatment and
  987  conditions of treatment that, separately and in combination, are
  988  no more intrusive or restrictive of freedom than reasonably
  989  necessary to achieve a substantial therapeutic benefit or to
  990  protect the child or adolescent or others from physical injury.
  991         3. “Suitable for residential treatment” or “suitability”
  992  means a determination concerning a child or adolescent with an
  993  emotional disturbance as defined in s. 394.492(5) or a serious
  994  emotional disturbance as defined in s. 394.492(6) that each of
  995  the following criteria is met:
  996         a. The child requires residential treatment.
  997         b. The child is in need of a residential treatment program
  998  and is expected to benefit from mental health treatment.
  999         c. An appropriate, less restrictive alternative to
 1000  residential treatment is unavailable.
 1001         (b) Whenever the department believes that a child in its
 1002  legal custody is emotionally disturbed and may need residential
 1003  treatment, an examination and suitability assessment must be
 1004  conducted by a qualified evaluator who is appointed by the
 1005  Agency for Health Care Administration. This suitability
 1006  assessment must be completed before the placement of the child
 1007  in a residential treatment center for emotionally disturbed
 1008  children and adolescents or a hospital. The qualified evaluator
 1009  must be a psychiatrist or a psychologist licensed in Florida who
 1010  has at least 3 years of experience in the diagnosis and
 1011  treatment of serious emotional disturbances in children and
 1012  adolescents and who has no actual or perceived conflict of
 1013  interest with any inpatient facility or residential treatment
 1014  center or program.
 1015         (c) Before a child is admitted under this subsection, the
 1016  child shall be assessed for suitability for residential
 1017  treatment by a qualified evaluator who has conducted a personal
 1018  examination and assessment of the child and has made written
 1019  findings that:
 1020         1. The child appears to have an emotional disturbance
 1021  serious enough to require residential treatment and is
 1022  reasonably likely to benefit from the treatment.
 1023         2. The child has been provided with a clinically
 1024  appropriate explanation of the nature and purpose of the
 1025  treatment.
 1026         3. All available modalities of treatment less restrictive
 1027  than residential treatment have been considered, and a less
 1028  restrictive alternative that would offer comparable benefits to
 1029  the child is unavailable.
 1030  
 1031  A copy of the written findings of the evaluation and suitability
 1032  assessment must be provided to the department, to the guardian
 1033  ad litem and attorney for the child, and, if the child is a
 1034  member of a Medicaid managed care plan, to the plan that is
 1035  financially responsible for the child’s care in residential
 1036  treatment, all of whom must be provided with the opportunity to
 1037  discuss the findings with the evaluator.
 1038         (d) Immediately upon placing a child in a residential
 1039  treatment program under this section, the department must notify
 1040  the guardian ad litem, the attorney for the child, and the court
 1041  having jurisdiction over the child and must provide the guardian
 1042  ad litem, the attorney for the child, and the court with a copy
 1043  of the assessment by the qualified evaluator.
 1044         (e) Within 10 days after the admission of a child to a
 1045  residential treatment program, the director of the residential
 1046  treatment program or the director’s designee must ensure that an
 1047  individualized plan of treatment has been prepared by the
 1048  program and has been explained to the child, to the department,
 1049  and to the guardian ad litem, and to the attorney for the child,
 1050  and submitted to the department. The child must be involved in
 1051  the preparation of the plan to the maximum feasible extent
 1052  consistent with his or her ability to understand and
 1053  participate, and the guardian ad litem, the attorney for the
 1054  child, and the child’s foster parents must be involved to the
 1055  maximum extent consistent with the child’s treatment needs. The
 1056  plan must include a preliminary plan for residential treatment
 1057  and aftercare upon completion of residential treatment. The plan
 1058  must include specific behavioral and emotional goals against
 1059  which the success of the residential treatment may be measured.
 1060  A copy of the plan must be provided to the child, to the
 1061  guardian ad litem, to the attorney for the child, and to the
 1062  department.
 1063         (f) Within 30 days after admission, the residential
 1064  treatment program must review the appropriateness and
 1065  suitability of the child’s placement in the program. The
 1066  residential treatment program must determine whether the child
 1067  is receiving benefit toward the treatment goals and whether the
 1068  child could be treated in a less restrictive treatment program.
 1069  The residential treatment program shall prepare a written report
 1070  of its findings and submit the report to the guardian ad litem,
 1071  to the attorney for the child, and to the department. The
 1072  department must submit the report to the court. The report must
 1073  include a discharge plan for the child. The residential
 1074  treatment program must continue to evaluate the child’s
 1075  treatment progress every 30 days thereafter and must include its
 1076  findings in a written report submitted to the department. The
 1077  department may not reimburse a facility until the facility has
 1078  submitted every written report that is due.
 1079         (g)1. The department must submit, at the beginning of each
 1080  month, to the court having jurisdiction over the child, a
 1081  written report regarding the child’s progress toward achieving
 1082  the goals specified in the individualized plan of treatment.
 1083         2. The court must conduct a hearing to review the status of
 1084  the child’s residential treatment plan no later than 60 days
 1085  after the child’s admission to the residential treatment
 1086  program. An independent review of the child’s progress toward
 1087  achieving the goals and objectives of the treatment plan must be
 1088  completed by a qualified evaluator and submitted to the court
 1089  before its 60-day review.
 1090         3. For any child in residential treatment at the time a
 1091  judicial review is held pursuant to s. 39.701, the child’s
 1092  continued placement in residential treatment must be a subject
 1093  of the judicial review.
 1094         4. If at any time the court determines that the child is
 1095  not suitable for continued residential treatment, the court
 1096  shall order the department to place the child in the least
 1097  restrictive setting that is best suited to meet his or her
 1098  needs.
 1099         (h) After the initial 60-day review, the court must conduct
 1100  a review of the child’s residential treatment plan every 90
 1101  days.
 1102         (i) The department must adopt rules for implementing
 1103  timeframes for the completion of suitability assessments by
 1104  qualified evaluators and a procedure that includes timeframes
 1105  for completing the 60-day independent review by the qualified
 1106  evaluators of the child’s progress toward achieving the goals
 1107  and objectives of the treatment plan which review must be
 1108  submitted to the court. The Agency for Health Care
 1109  Administration must adopt rules for the registration of
 1110  qualified evaluators, the procedure for selecting the evaluators
 1111  to conduct the reviews required under this section, and a
 1112  reasonable, cost-efficient fee schedule for qualified
 1113  evaluators.
 1114         Section 18. Subsections (20) and (21) of section 39.4085,
 1115  Florida Statutes, are amended to read:
 1116         39.4085 Legislative findings and declaration of intent for
 1117  goals for dependent children.—The Legislature finds and declares
 1118  that the design and delivery of child welfare services should be
 1119  directed by the principle that the health and safety of children
 1120  should be of paramount concern and, therefore, establishes the
 1121  following goals for children in shelter or foster care:
 1122         (20) To have a guardian ad litem appointed to represent,
 1123  within reason, their best interests; and, as appropriate, have
 1124  an attorney for the child and, where appropriate, an attorney ad
 1125  litem appointed to represent their legal interests.; The
 1126  guardian ad litem and attorney for the child attorney ad litem
 1127  shall have immediate and unlimited access to the children they
 1128  represent.
 1129         (21) To have all their records available for review by
 1130  their guardian ad litem or attorney for the child, as
 1131  applicable, and attorney ad litem if they deem such review
 1132  necessary.
 1133  
 1134  The provisions of this section establish goals and not rights.
 1135  Nothing in this section shall be interpreted as requiring the
 1136  delivery of any particular service or level of service in excess
 1137  of existing appropriations. No person shall have a cause of
 1138  action against the state or any of its subdivisions, agencies,
 1139  contractors, subcontractors, or agents, based upon the adoption
 1140  of or failure to provide adequate funding for the achievement of
 1141  these goals by the Legislature. Nothing herein shall require the
 1142  expenditure of funds to meet the goals established herein except
 1143  funds specifically appropriated for such purpose.
 1144         Section 19. Subsections (8), (12), (13), (14), and (17) of
 1145  section 39.502, Florida Statutes, are amended to read:
 1146         39.502 Notice, process, and service.—
 1147         (8) It is not necessary to the validity of a proceeding
 1148  covered by this part that the parents be present if their
 1149  identity or residence is unknown after a diligent search has
 1150  been made, but in this event the petitioner shall file an
 1151  affidavit of diligent search prepared by the person who made the
 1152  search and inquiry, and the court may appoint a guardian ad
 1153  litem for the child or an attorney for the child, as
 1154  appropriate.
 1155         (12) All process and orders issued by the court shall be
 1156  served or executed as other process and orders of the circuit
 1157  court and, in addition, may be served or executed by authorized
 1158  agents of the department or the guardian ad litem or attorney
 1159  for the child, as applicable.
 1160         (13) Subpoenas may be served within the state by any person
 1161  over 18 years of age who is not a party to the proceeding and,
 1162  in addition, may be served by authorized agents of the
 1163  department or the guardian ad litem or attorney for the child,
 1164  as applicable.
 1165         (14) No fee shall be paid for service of any process or
 1166  other papers by an agent of the department or the guardian ad
 1167  litem or attorney for the child, as applicable. If any process,
 1168  orders, or any other papers are served or executed by any
 1169  sheriff, the sheriff’s fees shall be paid by the county.
 1170         (17) The parent or legal custodian of the child, the
 1171  attorney for the department, the guardian ad litem or attorney
 1172  for the child, as applicable, the foster or preadoptive parents,
 1173  and all other parties and participants shall be given reasonable
 1174  notice of all proceedings and hearings provided for under this
 1175  part. All foster or preadoptive parents must be provided with at
 1176  least 72 hours’ notice, verbally or in writing, of all
 1177  proceedings or hearings relating to children in their care or
 1178  children they are seeking to adopt to ensure the ability to
 1179  provide input to the court.
 1180         Section 20. Paragraphs (c) and (e) of subsection (1) of
 1181  section 39.521, Florida Statutes, are amended to read:
 1182         39.521 Disposition hearings; powers of disposition.—
 1183         (1) A disposition hearing shall be conducted by the court,
 1184  if the court finds that the facts alleged in the petition for
 1185  dependency were proven in the adjudicatory hearing, or if the
 1186  parents or legal custodians have consented to the finding of
 1187  dependency or admitted the allegations in the petition, have
 1188  failed to appear for the arraignment hearing after proper
 1189  notice, or have not been located despite a diligent search
 1190  having been conducted.
 1191         (c) When any child is adjudicated by a court to be
 1192  dependent, the court having jurisdiction of the child has the
 1193  power by order to:
 1194         1. Require the parent and, when appropriate, the legal
 1195  guardian or the child to participate in treatment and services
 1196  identified as necessary. The court may require the person who
 1197  has custody or who is requesting custody of the child to submit
 1198  to a mental health or substance abuse disorder assessment or
 1199  evaluation. The order may be made only upon good cause shown and
 1200  pursuant to notice and procedural requirements provided under
 1201  the Florida Rules of Juvenile Procedure. The mental health
 1202  assessment or evaluation must be administered by a qualified
 1203  professional as defined in s. 39.01, and the substance abuse
 1204  assessment or evaluation must be administered by a qualified
 1205  professional as defined in s. 397.311. The court may also
 1206  require such person to participate in and comply with treatment
 1207  and services identified as necessary, including, when
 1208  appropriate and available, participation in and compliance with
 1209  a mental health court program established under chapter 394 or a
 1210  treatment-based drug court program established under s. 397.334.
 1211  Adjudication of a child as dependent based upon evidence of harm
 1212  as defined in s. 39.01(36)(g) s. 39.01(35)(g) demonstrates good
 1213  cause, and the court shall require the parent whose actions
 1214  caused the harm to submit to a substance abuse disorder
 1215  assessment or evaluation and to participate and comply with
 1216  treatment and services identified in the assessment or
 1217  evaluation as being necessary. In addition to supervision by the
 1218  department, the court, including the mental health court program
 1219  or the treatment-based drug court program, may oversee the
 1220  progress and compliance with treatment by a person who has
 1221  custody or is requesting custody of the child. The court may
 1222  impose appropriate available sanctions for noncompliance upon a
 1223  person who has custody or is requesting custody of the child or
 1224  make a finding of noncompliance for consideration in determining
 1225  whether an alternative placement of the child is in the child’s
 1226  best interests. Any order entered under this subparagraph may be
 1227  made only upon good cause shown. This subparagraph does not
 1228  authorize placement of a child with a person seeking custody of
 1229  the child, other than the child’s parent or legal custodian, who
 1230  requires mental health or substance abuse disorder treatment.
 1231         2. Require, if the court deems necessary, the parties to
 1232  participate in dependency mediation.
 1233         3. Require placement of the child either under the
 1234  protective supervision of an authorized agent of the department
 1235  in the home of one or both of the child’s parents or in the home
 1236  of a relative of the child or another adult approved by the
 1237  court, or in the custody of the department. Protective
 1238  supervision continues until the court terminates it or until the
 1239  child reaches the age of 18, whichever date is first. Protective
 1240  supervision shall be terminated by the court whenever the court
 1241  determines that permanency has been achieved for the child,
 1242  whether with a parent, another relative, or a legal custodian,
 1243  and that protective supervision is no longer needed. The
 1244  termination of supervision may be with or without retaining
 1245  jurisdiction, at the court’s discretion, and shall in either
 1246  case be considered a permanency option for the child. The order
 1247  terminating supervision by the department must set forth the
 1248  powers of the custodian of the child and include the powers
 1249  ordinarily granted to a guardian of the person of a minor unless
 1250  otherwise specified. Upon the court’s termination of supervision
 1251  by the department, further judicial reviews are not required if
 1252  permanency has been established for the child.
 1253         4. Determine whether the child has a strong attachment to
 1254  the prospective permanent guardian and whether such guardian has
 1255  a strong commitment to permanently caring for the child.
 1256         (e) The court shall, in its written order of disposition,
 1257  include all of the following:
 1258         1. The placement or custody of the child.
 1259         2. Special conditions of placement and visitation.
 1260         3. Evaluation, counseling, treatment activities, and other
 1261  actions to be taken by the parties, if ordered.
 1262         4. The persons or entities responsible for supervising or
 1263  monitoring services to the child and parent.
 1264         5. Continuation or discharge of the guardian ad litem or
 1265  attorney for the child if appointed, as appropriate.
 1266         6. The date, time, and location of the next scheduled
 1267  review hearing, which must occur within the earlier of:
 1268         a. Ninety days after the disposition hearing;
 1269         b. Ninety days after the court accepts the case plan;
 1270         c. Six months after the date of the last review hearing; or
 1271         d. Six months after the date of the child’s removal from
 1272  his or her home, if no review hearing has been held since the
 1273  child’s removal from the home.
 1274         7. If the child is in an out-of-home placement, child
 1275  support to be paid by the parents, or the guardian of the
 1276  child’s estate if possessed of assets which under law may be
 1277  disbursed for the care, support, and maintenance of the child.
 1278  The court may exercise jurisdiction over all child support
 1279  matters, shall adjudicate the financial obligation, including
 1280  health insurance, of the child’s parents or guardian, and shall
 1281  enforce the financial obligation as provided in chapter 61. The
 1282  state’s child support enforcement agency shall enforce child
 1283  support orders under this section in the same manner as child
 1284  support orders under chapter 61. Placement of the child shall
 1285  not be contingent upon issuance of a support order.
 1286         8.a. If the court does not commit the child to the
 1287  temporary legal custody of an adult relative, legal custodian,
 1288  or other adult approved by the court, the disposition order must
 1289  include the reasons for such a decision and shall include a
 1290  determination as to whether diligent efforts were made by the
 1291  department to locate an adult relative, legal custodian, or
 1292  other adult willing to care for the child in order to present
 1293  that placement option to the court instead of placement with the
 1294  department.
 1295         b. If no suitable relative is found and the child is placed
 1296  with the department or a legal custodian or other adult approved
 1297  by the court, both the department and the court shall consider
 1298  transferring temporary legal custody to an adult relative
 1299  approved by the court at a later date, but neither the
 1300  department nor the court is obligated to so place the child if
 1301  it is in the child’s best interest to remain in the current
 1302  placement.
 1303  
 1304  For the purposes of this section, “diligent efforts to locate an
 1305  adult relative” means a search similar to the diligent search
 1306  for a parent, but without the continuing obligation to search
 1307  after an initial adequate search is completed.
 1308         9. Other requirements necessary to protect the health,
 1309  safety, and well-being of the child, to preserve the stability
 1310  of the child’s child care, early education program, or any other
 1311  educational placement, and to promote family preservation or
 1312  reunification whenever possible.
 1313         Section 21. Paragraph (a) of subsection (2) of section
 1314  39.523, Florida Statutes, is amended to read:
 1315         39.523 Placement in out-of-home care.—
 1316         (2) ASSESSMENT AND PLACEMENT.—When any child is removed
 1317  from a home and placed into out-of-home care, a comprehensive
 1318  placement assessment process shall be completed to determine the
 1319  level of care needed by the child and match the child with the
 1320  most appropriate placement.
 1321         (a) The community-based care lead agency or subcontracted
 1322  agency with the responsibility for assessment and placement must
 1323  coordinate a multidisciplinary team staffing with any available
 1324  individual currently involved with the child, including, but not
 1325  limited to, a representative from the department and the case
 1326  manager for the child; a therapist, attorney ad litem, a
 1327  guardian ad litem, an attorney for the child, teachers, coaches,
 1328  and Children’s Medical Services; and other community providers
 1329  of services to the child or stakeholders as applicable. The team
 1330  may also include clergy, relatives, and fictive kin if
 1331  appropriate. Team participants must gather data and information
 1332  on the child which is known at the time including, but not
 1333  limited to:
 1334         1. Mental, medical, behavioral health, and medication
 1335  history;
 1336         2. Community ties and school placement;
 1337         3. Current placement decisions relating to any siblings;
 1338         4. Alleged type of abuse or neglect including sexual abuse
 1339  and trafficking history; and
 1340         5. The child’s age, maturity, strengths, hobbies or
 1341  activities, and the child’s preference for placement.
 1342         Section 22. Paragraph (a) of subsection (1) of section
 1343  39.6011, Florida Statutes, is amended to read:
 1344         39.6011 Case plan development.—
 1345         (1) The department shall prepare a draft of the case plan
 1346  for each child receiving services under this chapter. A parent
 1347  of a child may not be threatened or coerced with the loss of
 1348  custody or parental rights for failing to admit in the case plan
 1349  of abusing, neglecting, or abandoning a child. Participating in
 1350  the development of a case plan is not an admission to any
 1351  allegation of abuse, abandonment, or neglect, and it is not a
 1352  consent to a finding of dependency or termination of parental
 1353  rights. The case plan shall be developed subject to the
 1354  following requirements:
 1355         (a) The case plan must be developed in a face-to-face
 1356  conference with the parent of the child, any court-appointed
 1357  guardian ad litem or attorney for the child, and, if
 1358  appropriate, the child and the temporary custodian of the child.
 1359         Section 23. Paragraph (c) of subsection (1) of section
 1360  39.6012, Florida Statutes, is amended to read:
 1361         39.6012 Case plan tasks; services.—
 1362         (1) The services to be provided to the parent and the tasks
 1363  that must be completed are subject to the following:
 1364         (c) If there is evidence of harm as defined in s.
 1365  39.01(36)(g) s. 39.01(35)(g), the case plan must include as a
 1366  required task for the parent whose actions caused the harm that
 1367  the parent submit to a substance abuse disorder assessment or
 1368  evaluation and participate and comply with treatment and
 1369  services identified in the assessment or evaluation as being
 1370  necessary.
 1371         Section 24. Subsection (8) of section 39.6251, Florida
 1372  Statutes, is amended to read:
 1373         39.6251 Continuing care for young adults.—
 1374         (8) During the time that a young adult is in care, the
 1375  court shall maintain jurisdiction to ensure that the department
 1376  and the lead agencies are providing services and coordinate
 1377  with, and maintain oversight of, other agencies involved in
 1378  implementing the young adult’s case plan, individual education
 1379  plan, and transition plan. The court shall review the status of
 1380  the young adult at least every 6 months and hold a permanency
 1381  review hearing at least annually. If the young adult is
 1382  appointed a guardian under chapter 744 or a guardian advocate
 1383  under s. 393.12, at the permanency review hearing the court
 1384  shall review the necessity of continuing the guardianship and
 1385  whether restoration of guardianship proceedings are needed when
 1386  the young adult reaches 22 years of age. The court may appoint
 1387  an attorney for the child a guardian ad litem or continue the
 1388  appointment of a guardian ad litem or an attorney for the child,
 1389  as applicable, with the young adult’s consent. The young adult
 1390  or any other party to the dependency case may request an
 1391  additional hearing or review.
 1392         Section 25. Paragraph (b) of subsection (1) and paragraph
 1393  (b) of subsection (2) of section 39.701, Florida Statutes, are
 1394  amended to read:
 1395         39.701 Judicial review.—
 1396         (1) GENERAL PROVISIONS.—
 1397         (b)1. The court shall retain jurisdiction over a child
 1398  returned to his or her parents for a minimum period of 6 months
 1399  following the reunification, but, at that time, based on a
 1400  report of the social service agency and the guardian ad litem or
 1401  attorney for the child, if one has been appointed, and any other
 1402  relevant factors, the court shall make a determination as to
 1403  whether supervision by the department and the court’s
 1404  jurisdiction shall continue or be terminated.
 1405         2. Notwithstanding subparagraph 1., the court must retain
 1406  jurisdiction over a child if the child is placed in the home
 1407  with a parent or caregiver with an in-home safety plan and such
 1408  safety plan remains necessary for the child to reside safely in
 1409  the home.
 1410         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
 1411  AGE.—
 1412         (b) Submission and distribution of reports.—
 1413         1. A copy of the social service agency’s written report and
 1414  the written report of the guardian ad litem, and a report of the
 1415  attorney for the child, if he or she has prepared one, must be
 1416  served on all parties whose whereabouts are known; to the foster
 1417  parents or legal custodians; and to the citizen review panel, at
 1418  least 72 hours before the judicial review hearing or citizen
 1419  review panel hearing. The requirement for providing parents with
 1420  a copy of the written report does not apply to those parents who
 1421  have voluntarily surrendered their child for adoption or who
 1422  have had their parental rights to the child terminated.
 1423         2. In a case in which the child has been permanently placed
 1424  with the social service agency, the agency shall furnish to the
 1425  court a written report concerning the progress being made to
 1426  place the child for adoption. If the child cannot be placed for
 1427  adoption, a report on the progress made by the child towards
 1428  alternative permanency goals or placements, including, but not
 1429  limited to, guardianship, long-term custody, long-term licensed
 1430  custody, or independent living, must be submitted to the court.
 1431  The report must be submitted to the court at least 72 hours
 1432  before each scheduled judicial review.
 1433         3. In addition to or in lieu of any written statement
 1434  provided to the court, the foster parent or legal custodian, or
 1435  any preadoptive parent, shall be given the opportunity to
 1436  address the court with any information relevant to the best
 1437  interests of the child at any judicial review hearing.
 1438         Section 26. Paragraph (g) of subsection (5) of section
 1439  39.702, Florida Statutes, is amended to read:
 1440         39.702 Citizen review panels.—
 1441         (5) The independent not-for-profit agency authorized to
 1442  administer each citizen review panel shall:
 1443         (g) Establish policies to ensure adequate communication
 1444  with the parent, the foster parent or legal custodian, the
 1445  guardian ad litem or attorney for the child, and any other
 1446  person deemed appropriate.
 1447         Section 27. Paragraph (a) of subsection (3) and subsections
 1448  (5), (6), and (7) of section 39.801, Florida Statutes, are
 1449  amended to read:
 1450         39.801 Procedures and jurisdiction; notice; service of
 1451  process.—
 1452         (3) Before the court may terminate parental rights, in
 1453  addition to the other requirements set forth in this part, the
 1454  following requirements must be met:
 1455         (a) Notice of the date, time, and place of the advisory
 1456  hearing for the petition to terminate parental rights and a copy
 1457  of the petition must be personally served upon the following
 1458  persons, specifically notifying them that a petition has been
 1459  filed:
 1460         1. The parents of the child.
 1461         2. The legal custodians of the child.
 1462         3. If the parents who would be entitled to notice are dead
 1463  or unknown, a living relative of the child, unless upon diligent
 1464  search and inquiry no such relative can be found.
 1465         4. Any person who has physical custody of the child.
 1466         5. Any grandparent entitled to priority for adoption under
 1467  s. 63.0425.
 1468         6. Any prospective parent who has been identified under s.
 1469  39.503 or s. 39.803, unless a court order has been entered
 1470  pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which
 1471  indicates no further notice is required. Except as otherwise
 1472  provided in this section, if there is not a legal father, notice
 1473  of the petition for termination of parental rights must be
 1474  provided to any known prospective father who is identified under
 1475  oath before the court or who is identified by a diligent search
 1476  of the Florida Putative Father Registry. Service of the notice
 1477  of the petition for termination of parental rights is not
 1478  required if the prospective father executes an affidavit of
 1479  nonpaternity or a consent to termination of his parental rights
 1480  which is accepted by the court after notice and opportunity to
 1481  be heard by all parties to address the best interests of the
 1482  child in accepting such affidavit.
 1483         7. The guardian ad litem for the child or the
 1484  representative of the guardian ad litem program, if the program
 1485  has been appointed.
 1486         8.The attorney for the child, if appointed.
 1487  
 1488  The document containing the notice to respond or appear must
 1489  contain, in type at least as large as the type in the balance of
 1490  the document, the following or substantially similar language:
 1491  “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING
 1492  CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF
 1493  THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND
 1494  TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE
 1495  CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS
 1496  NOTICE.”
 1497         (5) All process and orders issued by the court must be
 1498  served or executed as other process and orders of the circuit
 1499  court and, in addition, may be served or executed by authorized
 1500  agents of the department, or the guardian ad litem, or the
 1501  attorney for the child.
 1502         (6) Subpoenas may be served within the state by any person
 1503  over 18 years of age who is not a party to the proceeding and,
 1504  in addition, may be served or executed by authorized agents of
 1505  the department, or of the guardian ad litem, or of the attorney
 1506  for the child.
 1507         (7) A fee may not be paid for service of any process or
 1508  other papers by an agent of the department, or the guardian ad
 1509  litem, or the attorney for the child. If any process, orders, or
 1510  other papers are served or executed by any sheriff, the
 1511  sheriff’s fees must be paid by the county.
 1512         Section 28. Subsection (1) of section 39.802, Florida
 1513  Statutes, is amended to read:
 1514         39.802 Petition for termination of parental rights; filing;
 1515  elements.—
 1516         (1) All proceedings seeking an adjudication to terminate
 1517  parental rights pursuant to this chapter must be initiated by
 1518  the filing of an original petition by the department, the
 1519  guardian ad litem, the attorney for the child, or any other
 1520  person who has knowledge of the facts alleged or is informed of
 1521  them and believes that they are true.
 1522         Section 29. Subsection (2) of section 39.808, Florida
 1523  Statutes, is amended to read:
 1524         39.808 Advisory hearing; pretrial status conference.—
 1525         (2) At the hearing the court shall inform the parties of
 1526  their rights under s. 39.807, shall appoint counsel for the
 1527  parties in accordance with legal requirements, and shall appoint
 1528  a guardian ad litem or an attorney for the child as provided for
 1529  in s. 39.831 to represent the interests of the child if one has
 1530  not already been appointed.
 1531         Section 30. Subsection (11) of section 39.810, Florida
 1532  Statutes, is amended to read:
 1533         39.810 Manifest best interests of the child.—In a hearing
 1534  on a petition for termination of parental rights, the court
 1535  shall consider the manifest best interests of the child. This
 1536  consideration shall not include a comparison between the
 1537  attributes of the parents and those of any persons providing a
 1538  present or potential placement for the child. For the purpose of
 1539  determining the manifest best interests of the child, the court
 1540  shall consider and evaluate all relevant factors, including, but
 1541  not limited to:
 1542         (11) The recommendations for the child provided by the
 1543  child’s guardian ad litem or legal representative.
 1544         Section 31. Subsection (9) of section 39.811, Florida
 1545  Statutes, is amended to read:
 1546         39.811 Powers of disposition; order of disposition.—
 1547         (9) After termination of parental rights, the court shall
 1548  retain jurisdiction over any child for whom custody is given to
 1549  a social service agency until the child is adopted. The court
 1550  shall review the status of the child’s placement and the
 1551  progress being made toward permanent adoptive placement. As part
 1552  of this continuing jurisdiction, for good cause shown by the
 1553  attorney for the child or guardian ad litem for the child, the
 1554  court may review the appropriateness of the adoptive placement
 1555  of the child.
 1556         Section 32. Subsection (4) of section 39.812, Florida
 1557  Statutes, is amended to read:
 1558         39.812 Postdisposition relief; petition for adoption.—
 1559         (4) The court shall retain jurisdiction over any child
 1560  placed in the custody of the department until the child is
 1561  adopted. After custody of a child for subsequent adoption has
 1562  been given to the department, the court has jurisdiction for the
 1563  purpose of reviewing the status of the child and the progress
 1564  being made toward permanent adoptive placement. As part of this
 1565  continuing jurisdiction, for good cause shown by the attorney
 1566  for the child or guardian ad litem for the child, the court may
 1567  review the appropriateness of the adoptive placement of the
 1568  child. When a licensed foster parent or court-ordered custodian
 1569  has applied to adopt a child who has resided with the foster
 1570  parent or custodian for at least 6 months and who has previously
 1571  been permanently committed to the legal custody of the
 1572  department and the department does not grant the application to
 1573  adopt, the department may not, in the absence of a prior court
 1574  order authorizing it to do so, remove the child from the foster
 1575  home or custodian, except when:
 1576         (a) There is probable cause to believe that the child is at
 1577  imminent risk of abuse or neglect;
 1578         (b) Thirty days have expired following written notice to
 1579  the foster parent or custodian of the denial of the application
 1580  to adopt, within which period no formal challenge of the
 1581  department’s decision has been filed; or
 1582         (c) The foster parent or custodian agrees to the child’s
 1583  removal.
 1584         Section 33. Subsections (5), (6), and (7) of section 43.16,
 1585  Florida Statutes, are amended to read:
 1586         43.16 Justice Administrative Commission; membership, powers
 1587  and duties.—
 1588         (5) The duties of the commission shall include, but not be
 1589  limited to, the following:
 1590         (a) The maintenance of a central state office for
 1591  administrative services and assistance when possible to and on
 1592  behalf of the state attorneys and public defenders of Florida,
 1593  the capital collateral regional counsel of Florida, the criminal
 1594  conflict and civil regional counsel, and the Guardian Ad Litem
 1595  Program, and the Statewide Office of Child Representation.
 1596         (b) Each state attorney, public defender, and criminal
 1597  conflict and civil regional counsel, and the Guardian Ad Litem
 1598  Program, and the Statewide Office of Child Representation shall
 1599  continue to prepare necessary budgets, vouchers that represent
 1600  valid claims for reimbursement by the state for authorized
 1601  expenses, and other things incidental to the proper
 1602  administrative operation of the office, such as revenue
 1603  transmittals to the Chief Financial Officer and automated
 1604  systems plans, but will forward such items to the commission for
 1605  recording and submission to the proper state officer. However,
 1606  when requested by a state attorney, a public defender, a
 1607  criminal conflict and civil regional counsel, or the Guardian Ad
 1608  Litem Program, or the Statewide Office of Child Representation,
 1609  the commission will either assist in the preparation of budget
 1610  requests, voucher schedules, and other forms and reports or
 1611  accomplish the entire project involved.
 1612         (6) The commission, each state attorney, each public
 1613  defender, the criminal conflict and civil regional counsel, the
 1614  capital collateral regional counsel, and the Guardian Ad Litem
 1615  Program, and the Statewide Office of Child Representation shall
 1616  establish and maintain internal controls designed to:
 1617         (a) Prevent and detect fraud, waste, and abuse as defined
 1618  in s. 11.45(1).
 1619         (b) Promote and encourage compliance with applicable laws,
 1620  rules, contracts, grant agreements, and best practices.
 1621         (c) Support economical and efficient operations.
 1622         (d) Ensure reliability of financial records and reports.
 1623         (e) Safeguard assets.
 1624         (7) The provisions contained in this section shall be
 1625  supplemental to those of chapter 27, relating to state
 1626  attorneys, public defenders, criminal conflict and civil
 1627  regional counsel, and capital collateral regional counsel; to
 1628  those of chapter 39, relating to the Guardian Ad Litem Program
 1629  and the Statewide Office of Child Representation; or to other
 1630  laws pertaining hereto.
 1631         Section 34. Paragraph (a) of subsection (2) of section
 1632  63.085, Florida Statutes, is amended to read:
 1633         63.085 Disclosure by adoption entity.—
 1634         (2) DISCLOSURE TO ADOPTIVE PARENTS.—
 1635         (a) At the time that an adoption entity is responsible for
 1636  selecting prospective adoptive parents for a born or unborn
 1637  child whose parents are seeking to place the child for adoption
 1638  or whose rights were terminated pursuant to chapter 39, the
 1639  adoption entity must provide the prospective adoptive parents
 1640  with information concerning the background of the child to the
 1641  extent such information is disclosed to the adoption entity by
 1642  the parents, legal custodian, or the department. This subsection
 1643  applies only if the adoption entity identifies the prospective
 1644  adoptive parents and supervises the placement of the child in
 1645  the prospective adoptive parents’ home. If any information
 1646  cannot be disclosed because the records custodian failed or
 1647  refused to produce the background information, the adoption
 1648  entity has a duty to provide the information if it becomes
 1649  available. An individual or entity contacted by an adoption
 1650  entity to obtain the background information must release the
 1651  requested information to the adoption entity without the
 1652  necessity of a subpoena or a court order. In all cases, the
 1653  prospective adoptive parents must receive all available
 1654  information by the date of the final hearing on the petition for
 1655  adoption. The information to be disclosed includes:
 1656         1. A family social and medical history form completed
 1657  pursuant to s. 63.162(6).
 1658         2. The biological mother’s medical records documenting her
 1659  prenatal care and the birth and delivery of the child.
 1660         3. A complete set of the child’s medical records
 1661  documenting all medical treatment and care since the child’s
 1662  birth and before placement.
 1663         4. All mental health, psychological, and psychiatric
 1664  records, reports, and evaluations concerning the child before
 1665  placement.
 1666         5. The child’s educational records, including all records
 1667  concerning any special education needs of the child before
 1668  placement.
 1669         6. Records documenting all incidents that required the
 1670  department to provide services to the child, including all
 1671  orders of adjudication of dependency or termination of parental
 1672  rights issued pursuant to chapter 39, any case plans drafted to
 1673  address the child’s needs, all protective services
 1674  investigations identifying the child as a victim, and all
 1675  guardian ad litem reports or attorney for the child reports
 1676  filed with the court concerning the child.
 1677         7. Written information concerning the availability of
 1678  adoption subsidies for the child, if applicable.
 1679         Section 35. Subsection (4) of section 322.09, Florida
 1680  Statutes, is amended to read:
 1681         322.09 Application of minors; responsibility for negligence
 1682  or misconduct of minor.—
 1683         (4) Notwithstanding subsections (1) and (2), if a caregiver
 1684  of a minor who is under the age of 18 years and is in out-of
 1685  home care as defined in s. 39.01(56) s. 39.01(55), an authorized
 1686  representative of a residential group home at which such a minor
 1687  resides, the caseworker at the agency at which the state has
 1688  placed the minor, or a guardian ad litem specifically authorized
 1689  by the minor’s caregiver to sign for a learner’s driver license
 1690  signs the minor’s application for a learner’s driver license,
 1691  that caregiver, group home representative, caseworker, or
 1692  guardian ad litem does not assume any obligation or become
 1693  liable for any damages caused by the negligence or willful
 1694  misconduct of the minor by reason of having signed the
 1695  application. Before signing the application, the caseworker,
 1696  authorized group home representative, or guardian ad litem shall
 1697  notify the caregiver or other responsible party of his or her
 1698  intent to sign and verify the application.
 1699         Section 36. Paragraph (p) of subsection (4) of section
 1700  394.495, Florida Statutes, is amended to read:
 1701         394.495 Child and adolescent mental health system of care;
 1702  programs and services.—
 1703         (4) The array of services may include, but is not limited
 1704  to:
 1705         (p) Trauma-informed services for children who have suffered
 1706  sexual exploitation as defined in s. 39.01(78)(g) s.
 1707  39.01(77)(g).
 1708         Section 37. Section 627.746, Florida Statutes, is amended
 1709  to read:
 1710         627.746 Coverage for minors who have a learner’s driver
 1711  license; additional premium prohibited.—An insurer that issues
 1712  an insurance policy on a private passenger motor vehicle to a
 1713  named insured who is a caregiver of a minor who is under the age
 1714  of 18 years and is in out-of-home care as defined in s.
 1715  39.01(56) s. 39.01(55) may not charge an additional premium for
 1716  coverage of the minor while the minor is operating the insured
 1717  vehicle, for the period of time that the minor has a learner’s
 1718  driver license, until such time as the minor obtains a driver
 1719  license.
 1720         Section 38. Paragraph (c) of subsection (1) of section
 1721  934.255, Florida Statutes, is amended to read:
 1722         934.255 Subpoenas in investigations of sexual offenses.—
 1723         (1) As used in this section, the term:
 1724         (c) “Sexual abuse of a child” means a criminal offense
 1725  based on any conduct described in s. 39.01(78) s. 39.01(77).
 1726         Section 39. Subsection (5) of section 960.065, Florida
 1727  Statutes, is amended to read:
 1728         960.065 Eligibility for awards.—
 1729         (5) A person is not ineligible for an award pursuant to
 1730  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 1731  person is a victim of sexual exploitation of a child as defined
 1732  in s. 39.01(78)(g) s. 39.01(77)(g).
 1733         Section 40. This act shall take effect July 1, 2021.