Florida Senate - 2022                                     SB 948
       
       
        
       By Senator Book
       
       
       
       
       
       32-00909-22                                            2022948__
    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 required or authorized, on or after a specified
   11         date, to appoint a guardian ad litem in certain
   12         proceedings; authorizing the court, under certain
   13         circumstances, to maintain a guardian ad litem’s
   14         appointment notwithstanding the appointment of an
   15         attorney for the child; authorizing the court to order
   16         that a new guardian ad litem be assigned for a child
   17         or to discharge a guardian ad litem and appoint an
   18         attorney for the child under specified circumstances;
   19         amending s. 39.8296, F.S.; renaming the Guardian Ad
   20         Litem Qualifications Committee as the Child Well-Being
   21         Qualifications Committee; specifying a procedure and a
   22         requirement for subsequent terms served by the
   23         Statewide Guardian Ad Litem Office’s executive
   24         director; requiring the office to develop guidelines
   25         to identify conflicts of interest of guardians ad
   26         litem; prohibiting the office from assigning such
   27         guardians; defining the term “conflict of interest”;
   28         requiring the office to identify any guardian ad litem
   29         who is experiencing health issues and who appears to
   30         present a danger to the child to whom the guardian ad
   31         litem is assigned; requiring the office to remove such
   32         guardians from assigned cases, terminate their direct
   33         child contact volunteer services, and disclose such
   34         actions to the circuit court; authorizing the office
   35         to permit such guardians ad litem to perform certain
   36         work if certain conditions are met; creating s. 39.83,
   37         F.S.; creating the Statewide Office of Child
   38         Representation within the Justice Administrative
   39         Commission; requiring the commission to provide
   40         administrative support and services to the statewide
   41         office; providing that the statewide office is not
   42         subject to control, supervision, or direction by the
   43         commission; providing that employees of the statewide
   44         office are governed by the classification plan and
   45         salary and benefits plan approved by the commission;
   46         providing that the head of the statewide office is the
   47         executive director; providing the process for
   48         appointment; requiring that the initial executive
   49         director be appointed by a specified date; providing
   50         responsibilities of the office; providing a
   51         requirement for the Department of Children and
   52         Families or community-based care lead agency;
   53         authorizing the office to contract with local
   54         nonprofit agencies under certain conditions;
   55         specifying requirements for the local nonprofit
   56         agencies and for contracts between the office and such
   57         agencies; creating a regional office of child
   58         representation within the boundaries of each of the
   59         five district courts of appeal; requiring the regional
   60         offices to commence fulfilling their purpose and
   61         duties on a specified date; prescribing qualifications
   62         for child representation counsel; creating s. 39.831,
   63         F.S.; specifying when the court is required or
   64         authorized to appoint an attorney for the child;
   65         requiring the court to appoint the Statewide Office of
   66         Child Representation unless the child is otherwise
   67         represented by counsel; specifying requirements for
   68         the scope of representation of an attorney for the
   69         child; authorizing certain staff to attend certain
   70         hearings rather than the attorney; requiring that
   71         court orders appointing an attorney for the child be
   72         in writing; providing for the appointment of private
   73         counsel when the office has a conflict of interest;
   74         requiring an attorney for the child to be compensated
   75         and have access to funding for expenses with specified
   76         conditions; providing conditions under which a parent
   77         is required to reimburse the court for the cost of the
   78         attorney; requiring agencies, persons, and
   79         organizations to allow an attorney for the child to
   80         inspect and copy certain records; defining the term
   81         “records”; providing requirements for an attorney for
   82         the child relating to hearings; requiring the
   83         department to develop procedures to request that a
   84         court appoint an attorney for the child; authorizing
   85         the department to adopt rules; amending ss. 28.345,
   86         29.007, 39.001, 39.00145, 39.0132, 39.0139, 39.202,
   87         39.302, 39.402, 39.407, 39.4085, 39.502, 39.521,
   88         39.6011, 39.6012, 39.6251, 39.701, 39.702, 39.801,
   89         39.802, 39.808, 39.810, 39.811, 39.812, 43.16, 63.085,
   90         322.09, 394.495, 627.746, 768.28, 934.255, and
   91         960.065, F.S.; conforming cross-references and
   92         provisions to changes made by the act; providing an
   93         effective date.
   94          
   95  Be It Enacted by the Legislature of the State of Florida:
   96  
   97         Section 1. Present subsections (8) through (87) of section
   98  39.01, Florida Statutes, are redesignated as subsections (9)
   99  through (88), respectively, a new subsection (8) is added to
  100  that section, and present subsections (9) and (36) of that
  101  section are amended, to read:
  102         39.01 Definitions.—When used in this chapter, unless the
  103  context otherwise requires:
  104         (8)Attorney for the childmeans an attorney providing
  105  direct representation to the child, which may include the
  106  appointment of the Statewide Office of Child Representation, an
  107  attorney provided by an entity contracted through the Statewide
  108  Office of Child Representation to provide direct representation,
  109  any private court-appointed counsel compensated pursuant to s.
  110  27.5304, any privately retained counsel or pro bono counsel, or
  111  any other attorney appointed to represent the child under this
  112  chapter.
  113         (10)(9) “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         (37)(36) “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)The appointment of an attorney for the child under
  134  this 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, 2023, 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, 2023, 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 a 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 that require the appointment.
  192         (2)If a child appointed a guardian ad litem when placed
  193  under the protective supervision of the department as required
  194  under sub-subparagraph (1)(b)1.a. is subsequently appointed an
  195  attorney for the child pursuant to s. 39.831, the court may
  196  maintain the appointment of the guardian ad litem
  197  notwithstanding the appointment of an attorney for the child.
  198         (3)Upon request by a child who is the subject of a
  199  dependency proceeding under this chapter and who has a guardian
  200  ad litem assigned, or upon any party presenting evidence that
  201  there is reasonable cause to suspect the assigned guardian ad
  202  litem has a conflict of interest as defined in s.
  203  39.8296(2)(b)9., the court may:
  204         (a) Order that a new guardian ad litem be assigned; or
  205         (b) Unless otherwise provided by law, discharge the child’s
  206  current guardian ad litem and appoint an attorney for the child
  207  if one is not appointed.
  208         (4) Any person participating in a civil or criminal
  209  judicial proceeding resulting from such appointment shall be
  210  presumed prima facie to be acting in good faith and in so doing
  211  shall be immune from any liability, civil or criminal, that
  212  otherwise might be incurred or imposed.
  213         (5)(2) In those cases in which the parents are financially
  214  able, the parent or parents of the child shall reimburse the
  215  court, in part or in whole, for the cost of provision of
  216  guardian ad litem services. Reimbursement to the individual
  217  providing guardian ad litem services may shall not be contingent
  218  upon successful collection by the court from the parent or
  219  parents.
  220         (6)(3) Upon presentation by a guardian ad litem of a court
  221  order appointing the guardian ad litem:
  222         (a) An agency, as defined in chapter 119, shall allow the
  223  guardian ad litem to inspect and copy records related to the
  224  best interests of the child who is the subject of the
  225  appointment, including, but not limited to, records made
  226  confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of
  227  the State Constitution. The guardian ad litem shall maintain the
  228  confidential or exempt status of any records shared by an agency
  229  under this paragraph.
  230         (b) A person or organization, other than an agency under
  231  paragraph (a), shall allow the guardian ad litem to inspect and
  232  copy any records related to the best interests of the child who
  233  is the subject of the appointment, including, but not limited
  234  to, confidential records.
  235  
  236  For the purposes of this subsection, the term “records related
  237  to the best interests of the child” includes, but is not limited
  238  to, medical, mental health, substance abuse, child care,
  239  education, law enforcement, court, social services, and
  240  financial records.
  241         (7)(4) The guardian ad litem or the program representative
  242  shall review all disposition recommendations and changes in
  243  placements, and must be present at all critical stages of the
  244  dependency proceeding or submit a written report of
  245  recommendations to the court. Written reports must be filed with
  246  the court and served on all parties whose whereabouts are known
  247  at least 72 hours before prior to the hearing.
  248         Section 6. Subsection (2) of section 39.8296, Florida
  249  Statutes, is amended to read:
  250         39.8296 Statewide Guardian Ad Litem Office; legislative
  251  findings and intent; creation; appointment of executive
  252  director; duties of office.—
  253         (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
  254  Statewide Guardian Ad Litem Office within the Justice
  255  Administrative Commission. The Justice Administrative Commission
  256  shall provide administrative support and service to the office
  257  to the extent requested by the executive director within the
  258  available resources of the commission. The Statewide Guardian Ad
  259  Litem Office is not subject to control, supervision, or
  260  direction by the Justice Administrative Commission in the
  261  performance of its duties, but the employees of the office are
  262  governed by the classification plan and salary and benefits plan
  263  approved by the Justice Administrative Commission.
  264         (a) The head of the Statewide Guardian Ad Litem Office is
  265  the executive director, who shall be appointed by the Governor
  266  from a list of a minimum of three eligible applicants submitted
  267  by the Child Well-Being a Guardian Ad Litem Qualifications
  268  Committee. The Child Well-Being Guardian Ad Litem Qualifications
  269  Committee shall be composed of five persons, two persons
  270  appointed by the Governor, two persons appointed by the Chief
  271  Justice of the Supreme Court, and one person appointed by the
  272  Statewide Guardian Ad Litem Association. The committee shall
  273  provide for statewide advertisement and the receiving of
  274  applications for the position of executive director. The
  275  Governor shall appoint an executive director from among the
  276  recommendations, or the Governor may reject the nominations and
  277  request the submission of new nominees. The executive director
  278  must have knowledge in dependency law and knowledge of social
  279  service delivery systems available to meet the needs of children
  280  who are abused, neglected, or abandoned. The executive director
  281  shall serve on a full-time basis and shall personally, or
  282  through representatives of the office, carry out the purposes
  283  and functions of the Statewide Guardian Ad Litem Office in
  284  accordance with state and federal law. The executive director
  285  shall report to the Governor. The executive director shall serve
  286  a 3-year term, subject to removal for cause by the Governor. Any
  287  person appointed to serve as the executive director may be
  288  reappointed permitted to serve more than one term in accordance
  289  with the process provided for in this paragraph. Every second or
  290  subsequent appointment shall be for a term of 3 years.
  291         (b) The Statewide Guardian Ad Litem Office shall, within
  292  available resources, have oversight responsibilities for and
  293  provide technical assistance to all guardian ad litem and
  294  attorney ad litem programs located within the judicial circuits.
  295         1. The office shall identify the resources required to
  296  implement methods of collecting, reporting, and tracking
  297  reliable and consistent case data.
  298         2. The office shall review the current guardian ad litem
  299  programs in Florida and other states.
  300         3. The office, in consultation with local guardian ad litem
  301  offices, shall develop statewide performance measures and
  302  standards.
  303         4. The office shall develop a guardian ad litem training
  304  program, which shall include, but is not limited to, training on
  305  the recognition of and responses to head trauma and brain injury
  306  in a child under 6 years of age. The office shall establish a
  307  curriculum committee to develop the training program specified
  308  in this subparagraph. The curriculum committee shall include,
  309  but not be limited to, dependency judges, directors of circuit
  310  guardian ad litem programs, active certified guardians ad litem,
  311  a mental health professional who specializes in the treatment of
  312  children, a member of a child advocacy group, a representative
  313  of a domestic violence advocacy group, an individual with a
  314  degree in social work, and a social worker experienced in
  315  working with victims and perpetrators of child abuse.
  316         5. The office shall review the various methods of funding
  317  guardian ad litem programs, maximize the use of those funding
  318  sources to the extent possible, and review the kinds of services
  319  being provided by circuit guardian ad litem programs.
  320         6. The office shall determine the feasibility or
  321  desirability of new concepts of organization, administration,
  322  financing, or service delivery designed to preserve the civil
  323  and constitutional rights and fulfill other needs of dependent
  324  children.
  325         7. In an effort to promote normalcy and establish trust
  326  between a court-appointed volunteer guardian ad litem and a
  327  child alleged to be abused, abandoned, or neglected under this
  328  chapter, a guardian ad litem may transport a child. However, a
  329  guardian ad litem volunteer may not be required or directed by
  330  the program or a court to transport a child.
  331         8. The office shall submit to the Governor, the President
  332  of the Senate, the Speaker of the House of Representatives, and
  333  the Chief Justice of the Supreme Court an interim report
  334  describing the progress of the office in meeting the goals as
  335  described in this section. The office shall submit to the
  336  Governor, the President of the Senate, the Speaker of the House
  337  of Representatives, and the Chief Justice of the Supreme Court a
  338  proposed plan including alternatives for meeting the state’s
  339  guardian ad litem and attorney ad litem needs. This plan may
  340  include recommendations for less than the entire state, may
  341  include a phase-in system, and shall include estimates of the
  342  cost of each of the alternatives. Each year the office shall
  343  provide a status report and provide further recommendations to
  344  address the need for guardian ad litem services and related
  345  issues.
  346         9.The office shall develop guidelines to identify any
  347  possible conflicts of interest of a guardian ad litem when he or
  348  she is being considered for assignment to a child’s case. The
  349  office may not assign to a child’s case a guardian ad litem for
  350  whom a conflict of interest has been identified. For purposes of
  351  this subparagraph, the term “conflict of interest” means the
  352  guardian ad litem:
  353         a. Has a personal relationship that could influence a
  354  recommendation regarding a child whom he or she is serving as a
  355  guardian ad litem;
  356         b. Is in a position to derive a personal benefit from his
  357  or her role as a guardian ad litem; or
  358         c. Has a particular factor or circumstance, including
  359  personal bias or prejudice against a protected class of the
  360  child or the child’s family, which prevents or substantially
  361  impairs his or her ability to fairly and fully discharge the
  362  duties of the guardian ad litem.
  363         (c) The Statewide Guardian Ad Litem Office shall identify
  364  any guardian ad litem who is experiencing an issue with his or
  365  her physical or mental health and who appears to present a
  366  danger to any child to whom the guardian ad litem is assigned.
  367  As soon as possible after identification, the office must remove
  368  such guardian ad litem from all assigned cases, terminate his or
  369  her direct child contact volunteer services with the Guardian Ad
  370  Litem Program, and disclose such action to the appropriate
  371  circuit court. The office may permit a guardian ad litem with
  372  physical or mental health issues identified in accordance with
  373  this paragraph to work in the office without direct child
  374  contact if such issues do not negatively affect his or her
  375  ability to perform any required work duties and do not pose a
  376  risk of harm to any children represented by the program. A
  377  guardian ad litem who has caused harm to any child during the
  378  course of his or her appointment may not be employed or
  379  permitted to volunteer for the program.
  380         Section 7. Section 39.83, Florida Statutes, is created to
  381  read:
  382         39.83 Statewide Office of Child Representation;
  383  qualifications, appointment, and duties of executive director
  384  and attorney for the child.—
  385         (1)STATEWIDE OFFICE OF CHILD REPRESENTATION.—
  386         (a)There is created the Statewide Office of Child
  387  Representation within the Justice Administrative Commission. The
  388  Justice Administrative Commission shall provide administrative
  389  support and services to the statewide office as directed by the
  390  executive director within the available resources of the
  391  commission. The statewide office is not subject to control,
  392  supervision, or direction by the Justice Administrative
  393  Commission in the performance of its duties, but the employees
  394  of the statewide office are governed by the classification plan
  395  and salary and benefits plan approved by the Justice
  396  Administrative Commission.
  397         (b)The head of the Statewide Office of Child
  398  Representation is the executive director, who must be a member
  399  of The Florida Bar in good standing for at least 5 years and
  400  have knowledge of dependency law and the social service delivery
  401  systems available to meet the needs of children who are abused,
  402  neglected, or abandoned. The executive director shall be
  403  appointed in accordance with the process, and serve in
  404  accordance with the terms and requirements, provided in s.
  405  39.8296(2)(a) for the head of the Statewide Guardian Ad Litem
  406  Office. The appointment for the initial executive director must
  407  be completed by January 1, 2023.
  408         (c)The Statewide Office of Child Representation, within
  409  available resources of the Justice Administrative Commission, is
  410  responsible for oversight of, and for providing technical
  411  assistance to, all offices of child representation in this
  412  state. The statewide office shall do all of the following:
  413         1. Identify the resources required to implement methods of
  414  collecting, reporting, and tracking reliable and consistent case
  415  data.
  416         2. Review and collect information relating to offices of
  417  child representation and other models of attorney representation
  418  of children in other states.
  419         3. In consultation with the regional offices of child
  420  representation established under subsection (2), develop
  421  statewide performance measures and standards.
  422         4. Develop a training program for each attorney for the
  423  child. To that end, the statewide office shall establish a
  424  curriculum committee composed of members including, but not
  425  limited to, a dependency judge, a director of circuit guardian
  426  ad litem programs, an active certified guardian ad litem, a
  427  mental health professional who specializes in the treatment of
  428  children, a member of a child advocacy group, a representative
  429  of a domestic violence advocacy group, an individual with at
  430  least a Master of Social Work degree, and a social worker
  431  experienced in working with victims and perpetrators of child
  432  abuse.
  433         5. Develop protocols that must be implemented to assist
  434  children who are represented by the Statewide Office of Child
  435  Representation, regional offices, or its contracted local
  436  agencies in meeting eligibility requirements to receive all
  437  available federal funding. This subparagraph may not be
  438  construed to mean that the protocols may interfere with zealous
  439  and effective representation of the children.
  440         6. Review the various methods of funding the regional
  441  offices, maximize the use of those funding sources to the extent
  442  possible, and review the kinds of services being provided by the
  443  regional offices.
  444         7. Determine the feasibility or desirability of new
  445  concepts of organization, administration, financing, or service
  446  delivery designed to preserve the civil and constitutional
  447  rights of, and fulfill other needs of, dependent children.
  448         8.Establish standards and protocols for representation of
  449  children with diminished capacity.
  450         9.Retain responsibility for the quality of contracted
  451  services and ensure that, at a minimum, services are delivered
  452  in accordance with applicable federal and state statutes and
  453  regulations.
  454         10. Submit to the Governor, the President of the Senate,
  455  the Speaker of the House of Representatives, and the Chief
  456  Justice of the Supreme Court:
  457         a. An interim report describing the progress of the
  458  statewide office in meeting the responsibilities described in
  459  this paragraph.
  460         b.A proposed plan that includes alternatives for meeting
  461  the representation needs of children in this state. The plan may
  462  include recommendations for implementation in only a portion of
  463  this state or phased-in statewide implementation and must
  464  include an estimate of the cost of each such alternative.
  465         c.An annual status report that includes any additional
  466  recommendations for addressing the representation needs of
  467  children in this state and related issues.
  468         (d)The department or community-based care lead agency
  469  shall take any steps necessary to obtain all available federal
  470  funding and maintain compliance with eligibility requirements.
  471         (e)The statewide office may contract with a local
  472  nonprofit agency to provide direct attorney representation to a
  473  child, including, but not limited to, representation in the
  474  dependency proceeding in accordance with s. 39.831, if the
  475  office determines that the contract is the most efficient method
  476  to satisfy its statutory duties and if federal funding has been
  477  approved for this purpose or the local agency is required in the
  478  contract to seek such approval. The office shall ensure that
  479  reimbursement of any Title IV-E funds is properly documented.
  480         1. A local nonprofit agency under contract with the
  481  statewide office shall:
  482         a. Provide competent representation to all children to whom
  483  the agency is appointed, including complying with the protocols
  484  and standards developed by the statewide office with respect to
  485  its representation;
  486         b. Ensure that any documentation required for reimbursement
  487  of any Title IV-E funds is provided to the statewide office on a
  488  monthly basis;
  489         c. Provide accurate and timely information necessary for
  490  the statewide office to provide oversight and comply with its
  491  requirements under this section;
  492         d. Ensure that all staff comply with mandatory training as
  493  required by the statewide office; and
  494         e. Comply with federal and state statutory requirements and
  495  provisions as required under the contract.
  496         2. A contract established between the statewide office and
  497  any local nonprofit agency must be funded by a grant of general
  498  revenue, other applicable state funds, or applicable federal
  499  funding sources. Unless otherwise provided by law, this
  500  paragraph does not preclude such an agency from raising funds by
  501  other means. The contract must provide for:
  502         a.The distribution of funds and method of payment by the
  503  statewide office to the local nonprofit agency; and
  504         b.In addition to funding for the provision of services,
  505  the payment of a reasonable administrative cost by the
  506  department to the local nonprofit agency.
  507         (2)REGIONAL OFFICES OF CHILD REPRESENTATION.—An office of
  508  child representation is created within the area served by each
  509  of the five district courts of appeal. These regional offices
  510  shall commence fulfilling their statutory purpose and duties on
  511  July 1, 2023.
  512         (3)CHILD REPRESENTATION COUNSEL; DUTIES.—The child
  513  representation counsel shall serve on a full-time basis and may
  514  not engage in the private practice of law while holding office.
  515  Each assistant child representation counsel shall give priority
  516  and preference to his or her duties as assistant child
  517  representation counsel and may not otherwise engage in the
  518  practice of dependency law. However, a part-time child
  519  representation counsel may practice dependency law for private
  520  payment so long as the representation does not result in a legal
  521  or ethical conflict of interest with a case in which the office
  522  of child representation is providing representation.
  523         Section 8. Section 39.831, Florida Statutes, is created to
  524  read:
  525         39.831Attorney for the child.
  526         (1)APPOINTMENT.—
  527         (a) An attorney for the child:
  528         1. Shall be appointed by the court as provided in s.
  529  39.01305(3);
  530         2. Shall be appointed by the court for any child who is
  531  placed in out-of-home licensed care on or after July 1, 2023,
  532  and who is the subject of a dependency proceeding under this
  533  chapter; or
  534         3. May be appointed at the court’s discretion to represent
  535  a child who is the subject of a dependency proceeding, upon a
  536  finding that circumstances exist which require the appointment.
  537         (b) The court appointing an attorney for the child under
  538  paragraph (a) shall appoint the Statewide Office of Child
  539  Representation unless the child is otherwise represented by
  540  counsel.
  541         (c)An attorney for the child appointed pursuant to this
  542  section shall represent the child only in the dependency
  543  proceeding, which may include representation in fair hearings
  544  and appellate proceedings directly related to matters needing
  545  resolution for the child to achieve permanency. The Statewide
  546  Office of Child Representation or local nonprofit agency
  547  appointed to represent a child in the dependency proceeding
  548  shall provide representation in fair hearings within the
  549  resources allotted for representation in the dependency
  550  proceeding. When appropriate, trained staff of the Statewide
  551  Office of Child Representation or local nonprofit agency may
  552  attend the fair hearings rather than the appointed attorney. For
  553  purposes of this paragraph, trained staff may include, but are
  554  not limited to, social workers, case managers, education
  555  advocates, or health care advocates.
  556         (d) Notwithstanding the basis on which an attorney for the
  557  child is appointed under paragraph (a), the appointment of the
  558  attorney for the child continues in effect until the attorney
  559  for the child is allowed to withdraw or is discharged by the
  560  court or until the case is dismissed. An attorney for the child
  561  who is appointed under this section to represent a child shall
  562  provide all required legal services in the dependency proceeding
  563  or fair hearings provided for in this section from the time of
  564  the child’s removal from home or of the attorney for the child’s
  565  initial appointment through all appellate proceedings. With the
  566  permission of the court, the appointed attorney for the child
  567  may arrange for supplemental or separate counsel to represent
  568  the child in appellate proceedings. A court order appointing an
  569  attorney for the child under this section must be in writing.
  570         (e) If, at any time during the representation of two or
  571  more children in a dependency proceeding, a child representation
  572  counsel determines that the interests of those clients are so
  573  adverse or hostile that they cannot all be counseled by child
  574  representation counsel or his or her staff because of a conflict
  575  of interest, the child representation counsel shall file a
  576  motion to withdraw and move the court to appoint other counsel.
  577  Child representation counsel may not automatically determine
  578  that the appointment to represent siblings is a conflict of
  579  interest. If requested by the Justice Administrative Commission,
  580  the child representation counsel shall submit a copy of the
  581  motion to the Justice Administrative Commission at the time it
  582  is filed with the court. The court shall review and may inquire
  583  or conduct a hearing into the adequacy of the child
  584  representation counsel’s submissions regarding a conflict of
  585  interest without requiring the disclosure of any confidential
  586  communications. The court shall deny the motion to withdraw if
  587  the court finds the grounds for withdrawal are insufficient or
  588  the asserted conflict is not prejudicial to the client. If the
  589  court grants the motion to withdraw, the court shall appoint one
  590  or more private attorneys to represent the person in accordance
  591  with the requirements and process provided for in s. 27.40. The
  592  clerk of the court shall inform the child representation counsel
  593  and the commission when the court appoints private counsel.
  594         (f) Unless the attorney has agreed to provide pro bono
  595  services, an appointed attorney or organization must be
  596  adequately compensated as provided in s. 27.5304. All appointed
  597  attorneys and organizations, including pro bono attorneys, must
  598  be provided with access to funding for expert witnesses,
  599  depositions, and other due process costs of litigation. Payments
  600  of attorney fees and case-related due process costs are subject
  601  to appropriations and review by the Justice Administrative
  602  Commission for reasonableness. The Justice Administrative
  603  Commission shall contract with attorneys appointed by the court.
  604  Attorney fees may not exceed $1,000 per child per year.
  605         (g) In cases in which one or both parents are financially
  606  able, the parent or parents, as applicable, of the child shall
  607  reimburse the court, in whole or in part, for the cost of
  608  services provided under this section; however, reimbursement for
  609  services provided by the attorney for the child may not be
  610  contingent upon successful collection by the court of
  611  reimbursement from the parent or parents.
  612         (2)ACCESS TO RECORDS.—Upon presentation of a court order
  613  appointing an attorney for the child:
  614         (a) An agency as defined in chapter 119 must allow the
  615  attorney for the child to inspect and copy records related to
  616  the child who is the subject of the appointment, including, but
  617  not limited to, records made confidential or exempt from s.
  618  119.07(1) or s. 24(a), Art. I of the State Constitution. The
  619  attorney for the child shall maintain the confidential or exempt
  620  status of any records shared by an agency under this paragraph.
  621         (b) A person or an organization, other than an agency under
  622  paragraph (a), must allow the attorney for the child to inspect
  623  and copy any records related to the child who is the subject of
  624  the appointment, including, but not limited to, confidential
  625  records.
  626  
  627  For the purposes of this subsection, the term “records”
  628  includes, but is not limited to, medical, mental health,
  629  substance abuse, child care, education, law enforcement, court,
  630  social services, and financial records.
  631         (3)COURT HEARINGS.—The attorney for the child shall review
  632  all disposition recommendations and changes in placements and
  633  file all appropriate motions on behalf of the child at least 72
  634  hours before the hearing.
  635         (4) PROCEDURES.—The department shall develop procedures to
  636  request that a court appoint an attorney for the child.
  637         (5) RULEMAKING.—The department may adopt rules to implement
  638  this section.
  639         Section 9. Subsection (1) of section 28.345, Florida
  640  Statutes, is amended to read:
  641         28.345 State access to records; exemption from court
  642  related fees and charges.—
  643         (1) Notwithstanding any other provision of law, the clerk
  644  of the circuit court shall, upon request, provide access to
  645  public records without charge to the state attorney, public
  646  defender, guardian ad litem, public guardian, attorney ad litem,
  647  criminal conflict and civil regional counsel, and court
  648  appointed attorney for the child and private court-appointed
  649  counsel paid by the state, and to authorized staff acting on
  650  their behalf. The clerk of court may provide the requested
  651  public record in an electronic format in lieu of a paper format
  652  if the requesting entity is capable of accessing such public
  653  record electronically.
  654         Section 10. Section 29.007, Florida Statutes, is amended to
  655  read:
  656         29.007 Court-appointed counsel.—For purposes of
  657  implementing s. 14, Art. V of the State Constitution, the
  658  elements of court-appointed counsel to be provided from state
  659  revenues appropriated by general law are as follows:
  660         (1) Private attorneys appointed by the court to handle
  661  cases where the defendant is indigent and cannot be represented
  662  by the public defender or the office of criminal conflict and
  663  civil regional counsel.
  664         (2) When the office of criminal conflict and civil regional
  665  counsel has a conflict of interest, private attorneys appointed
  666  by the court to represent indigents or other classes of
  667  litigants in civil proceedings requiring court-appointed counsel
  668  in accordance with state and federal constitutional guarantees
  669  and federal and state statutes.
  670         (3) When the Statewide Office of Child Representation or a
  671  local nonprofit agency with which the statewide office has
  672  contracted has a conflict of interest, private attorneys
  673  appointed by the court to represent indigents or other classes
  674  of litigants in civil proceedings requiring court-appointed
  675  counsel in accordance with federal and state statutes.
  676         (4) Reasonable court reporting and transcription services
  677  necessary to meet constitutional or statutory requirements,
  678  including the cost of transcribing and copying depositions of
  679  witnesses and the cost of foreign language and sign-language
  680  interpreters and translators.
  681         (5)(4) Witnesses, including expert witnesses, summoned to
  682  appear for an investigation, preliminary hearing, or trial in a
  683  case when the witnesses are summoned on behalf of an indigent,
  684  and any other expert witnesses approved by the court.
  685         (6)(5) Mental health professionals appointed pursuant to s.
  686  394.473 and required in a court hearing involving an indigent,
  687  mental health professionals appointed pursuant to s. 916.115(2)
  688  and required in a court hearing involving an indigent, and any
  689  other mental health professionals required by law for the full
  690  adjudication of any civil case involving an indigent person.
  691         (7)(6) Reasonable pretrial consultation fees and costs.
  692         (8)(7) Travel expenses reimbursable under s. 112.061
  693  reasonably necessary in the performance of constitutional and
  694  statutory responsibilities.
  695  
  696  Subsections (3), (4), (5), (6), and (7), and (8) apply when
  697  court-appointed counsel is appointed; when the court determines
  698  that the litigant is indigent for costs; or when the litigant is
  699  acting pro se and the court determines that the litigant is
  700  indigent for costs at the trial or appellate level. This section
  701  applies in any situation in which the court appoints counsel to
  702  protect a litigant’s due process rights. The Justice
  703  Administrative Commission shall approve uniform contract forms
  704  for use in processing payments for due process services under
  705  this section. In each case in which a private attorney
  706  represents a person determined by the court to be indigent for
  707  costs, the attorney shall execute the commission’s contract for
  708  private attorneys representing persons determined to be indigent
  709  for costs.
  710         Section 11. Paragraph (j) of subsection (3) and paragraph
  711  (a) of subsection (10) of section 39.001, Florida Statutes, are
  712  amended to read:
  713         39.001 Purposes and intent; personnel standards and
  714  screening.—
  715         (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
  716  the Legislature that the children of this state be provided with
  717  the following protections:
  718         (j) The ability to contact their guardian ad litem or
  719  attorney for the child attorney ad litem, if appointed, by
  720  having that individual’s name entered on all orders of the
  721  court.
  722         (10) PLAN FOR COMPREHENSIVE APPROACH.—
  723         (a) The office shall develop a state plan for the promotion
  724  of adoption, support of adoptive families, and prevention of
  725  abuse, abandonment, and neglect of children. The Department of
  726  Children and Families, the Department of Corrections, the
  727  Department of Education, the Department of Health, the
  728  Department of Juvenile Justice, the Department of Law
  729  Enforcement, and the Agency for Persons with Disabilities shall
  730  participate and fully cooperate in the development of the state
  731  plan at both the state and local levels. Furthermore,
  732  appropriate local agencies and organizations shall be provided
  733  an opportunity to participate in the development of the state
  734  plan at the local level. Appropriate local groups and
  735  organizations shall include, but not be limited to, community
  736  mental health centers; guardian ad litem programs for children
  737  under the circuit court; child representation counsel regional
  738  offices; the school boards of the local school districts; the
  739  Florida local advocacy councils; community-based care lead
  740  agencies; private or public organizations or programs with
  741  recognized expertise in working with child abuse prevention
  742  programs for children and families; private or public
  743  organizations or programs with recognized expertise in working
  744  with children who are sexually abused, physically abused,
  745  emotionally abused, abandoned, or neglected and with expertise
  746  in working with the families of such children; private or public
  747  programs or organizations with expertise in maternal and infant
  748  health care; multidisciplinary Child Protection Teams; child day
  749  care centers; law enforcement agencies; and the circuit courts,
  750  when guardian ad litem programs and attorney for the child are
  751  not available in the local area. The state plan to be provided
  752  to the Legislature and the Governor shall include, as a minimum,
  753  the information required of the various groups in paragraph (b).
  754         Section 12. Subsections (2) and (4) of section 39.00145,
  755  Florida Statutes, are amended to read:
  756         39.00145 Records concerning children.—
  757         (2) Notwithstanding any other provision of this chapter,
  758  all records in a child’s case record must be made available for
  759  inspection, upon request, to the child who is the subject of the
  760  case record and to the child’s caregiver, guardian ad litem, or
  761  attorney for the child attorney.
  762         (a) A complete and accurate copy of any record in a child’s
  763  case record must be provided, upon request and at no cost, to
  764  the child who is the subject of the case record and to the
  765  child’s caregiver or, guardian ad litem, or the attorney for the
  766  child.
  767         (b) The department shall release the information in a
  768  manner and setting that are appropriate to the age and maturity
  769  of the child and the nature of the information being released,
  770  which may include the release of information in a therapeutic
  771  setting, if appropriate. This paragraph does not deny the child
  772  access to his or her records.
  773         (c) If a child or the child’s caregiver, guardian ad litem,
  774  or attorney for the child attorney requests access to the
  775  child’s case record, any person or entity that fails to provide
  776  any record in the case record under assertion of a claim of
  777  exemption from the public records requirements of chapter 119,
  778  or fails to provide access within a reasonable time, is subject
  779  to sanctions and penalties under s. 119.10.
  780         (d) For the purposes of this subsection, the term
  781  “caregiver” is limited to parents, legal custodians, permanent
  782  guardians, or foster parents; employees of a residential home,
  783  institution, facility, or agency at which the child resides; and
  784  other individuals legally responsible for a child’s welfare in a
  785  residential setting.
  786         (4) Notwithstanding any other provision of law, all state
  787  and local agencies and programs that provide services to
  788  children or that are responsible for a child’s safety, including
  789  the Department of Juvenile Justice, the Department of Health,
  790  the Agency for Health Care Administration, the Agency for
  791  Persons with Disabilities, the Department of Education, the
  792  Department of Revenue, the school districts, the Statewide
  793  Guardian Ad Litem Office, the Statewide Office of Child
  794  Representation, and any provider contracting with such agencies,
  795  may share with each other confidential records or information
  796  that are confidential or exempt from disclosure under chapter
  797  119 if the records or information are reasonably necessary to
  798  ensure access to appropriate services for the child, including
  799  child support enforcement services, or for the safety of the
  800  child. However:
  801         (a) Records or information made confidential by federal law
  802  may not be shared.
  803         (b) This subsection does not apply to information
  804  concerning clients and records of certified domestic violence
  805  centers, which are confidential under s. 39.908 and privileged
  806  under s. 90.5036.
  807         Section 13. Subsections (3) and (4) of section 39.0132,
  808  Florida Statutes, are amended to read:
  809         39.0132 Oaths, records, and confidential information.—
  810         (3) The clerk shall keep all court records required by this
  811  chapter separate from other records of the circuit court. All
  812  court records required by this chapter shall not be open to
  813  inspection by the public. All records shall be inspected only
  814  upon order of the court by persons deemed by the court to have a
  815  proper interest therein, except that, subject to the provisions
  816  of s. 63.162, a child and the parents of the child and their
  817  attorneys, guardian ad litem, attorney for the child, law
  818  enforcement agencies, and the department and its designees shall
  819  always have the right to inspect and copy any official record
  820  pertaining to the child. The Justice Administrative Commission
  821  may inspect court dockets required by this chapter as necessary
  822  to audit compensation of court-appointed attorneys. If the
  823  docket is insufficient for purposes of the audit, the commission
  824  may petition the court for additional documentation as necessary
  825  and appropriate. The court may permit authorized representatives
  826  of recognized organizations compiling statistics for proper
  827  purposes to inspect and make abstracts from official records,
  828  under whatever conditions upon their use and disposition the
  829  court may deem proper, and may punish by contempt proceedings
  830  any violation of those conditions.
  831         (4)(a)1. All information obtained pursuant to this part in
  832  the discharge of official duty by any judge, employee of the
  833  court, authorized agent of the department, correctional
  834  probation officer, or law enforcement agent is confidential and
  835  exempt from s. 119.07(1) and may not be disclosed to anyone
  836  other than the authorized personnel of the court, the department
  837  and its designees, correctional probation officers, law
  838  enforcement agents, guardian ad litem, attorney for the child,
  839  and others entitled under this chapter to receive that
  840  information, except upon order of the court.
  841         2.a. The following information held by a guardian ad litem
  842  is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
  843  I of the State Constitution:
  844         (I) Medical, mental health, substance abuse, child care,
  845  education, law enforcement, court, social services, and
  846  financial records.
  847         (II) Any other information maintained by a guardian ad
  848  litem which is identified as confidential information under this
  849  chapter.
  850         b. Such confidential and exempt information may not be
  851  disclosed to anyone other than the authorized personnel of the
  852  court, the department and its designees, correctional probation
  853  officers, law enforcement agents, guardians ad litem, and others
  854  entitled under this chapter to receive that information, except
  855  upon order of the court.
  856         (b) The department shall disclose to the school
  857  superintendent the presence of any child in the care and custody
  858  or under the jurisdiction or supervision of the department who
  859  has a known history of criminal sexual behavior with other
  860  juveniles; is an alleged juvenile sex offender, as defined in s.
  861  39.01; or has pled guilty or nolo contendere to, or has been
  862  found to have committed, a violation of chapter 794, chapter
  863  796, chapter 800, s. 827.071, or s. 847.0133, regardless of
  864  adjudication. Any employee of a district school board who
  865  knowingly and willfully discloses such information to an
  866  unauthorized person commits a misdemeanor of the second degree,
  867  punishable as provided in s. 775.082 or s. 775.083.
  868         Section 14. Paragraphs (a) and (b) of subsection (4) of
  869  section 39.0139, Florida Statutes, are amended to read:
  870         39.0139 Visitation or other contact; restrictions.—
  871         (4) HEARINGS.—A person who meets any of the criteria set
  872  forth in paragraph (3)(a) who seeks to begin or resume contact
  873  with the child victim shall have the right to an evidentiary
  874  hearing to determine whether contact is appropriate.
  875         (a) Before Prior to the hearing, the court shall appoint an
  876  attorney for the child an attorney ad litem or a guardian ad
  877  litem, as appropriate, for the child if one has not already been
  878  appointed. Any attorney for the child attorney ad litem or
  879  guardian ad litem appointed shall have special training in the
  880  dynamics of child sexual abuse.
  881         (b) At the hearing, the court may receive and rely upon any
  882  relevant and material evidence submitted to the extent of its
  883  probative value, including written and oral reports or
  884  recommendations from the Child Protection Team, the child’s
  885  therapist, or the child’s guardian ad litem, or the child’s
  886  attorney ad litem, even if these reports, recommendations, and
  887  evidence may not be admissible under the rules of evidence.
  888         Section 15. Paragraphs (k) and (t) of subsection (2) of
  889  section 39.202, Florida Statutes, are amended to read:
  890         39.202 Confidentiality of reports and records in cases of
  891  child abuse or neglect; exception.—
  892         (2) Except as provided in subsection (4), access to such
  893  records, excluding the name of, or other identifying information
  894  with respect to, the reporter which shall be released only as
  895  provided in subsection (5), shall be granted only to the
  896  following persons, officials, and agencies:
  897         (k) Any appropriate official of a Florida advocacy council
  898  investigating a report of known or suspected child abuse,
  899  abandonment, or neglect; the Auditor General or the Office of
  900  Program Policy Analysis and Government Accountability for the
  901  purpose of conducting audits or examinations pursuant to law; or
  902  the child’s guardian ad litem or attorney for the child.
  903         (t) Persons with whom the department is seeking to place
  904  the child or to whom placement has been granted, including
  905  foster parents for whom an approved home study has been
  906  conducted, the designee of a licensed child-caring agency as
  907  defined in s. 39.01 s. 39.01(41), an approved relative or
  908  nonrelative with whom a child is placed pursuant to s. 39.402,
  909  preadoptive parents for whom a favorable preliminary adoptive
  910  home study has been conducted, adoptive parents, or an adoption
  911  entity acting on behalf of preadoptive or adoptive parents.
  912         Section 16. Subsection (1) of section 39.302, Florida
  913  Statutes, is amended to read:
  914         39.302 Protective investigations of institutional child
  915  abuse, abandonment, or neglect.—
  916         (1) The department shall conduct a child protective
  917  investigation of each report of institutional child abuse,
  918  abandonment, or neglect. Upon receipt of a report that alleges
  919  that an employee or agent of the department, or any other entity
  920  or person covered by s. 39.01(37) or (55) s. 39.01(36) or (54),
  921  acting in an official capacity, has committed an act of child
  922  abuse, abandonment, or neglect, the department shall initiate a
  923  child protective investigation within the timeframe established
  924  under s. 39.101(2) and notify the appropriate state attorney,
  925  law enforcement agency, and licensing agency, which shall
  926  immediately conduct a joint investigation, unless independent
  927  investigations are more feasible. When conducting investigations
  928  or having face-to-face interviews with the child, investigation
  929  visits shall be unannounced unless it is determined by the
  930  department or its agent that unannounced visits threaten the
  931  safety of the child. If a facility is exempt from licensing, the
  932  department shall inform the owner or operator of the facility of
  933  the report. Each agency conducting a joint investigation is
  934  entitled to full access to the information gathered by the
  935  department in the course of the investigation. A protective
  936  investigation must include an interview with the child’s parent
  937  or legal guardian. The department shall make a full written
  938  report to the state attorney within 3 business days after making
  939  the oral report. A criminal investigation shall be coordinated,
  940  whenever possible, with the child protective investigation of
  941  the department. Any interested person who has information
  942  regarding the offenses described in this subsection may forward
  943  a statement to the state attorney as to whether prosecution is
  944  warranted and appropriate. Within 15 days after the completion
  945  of the investigation, the state attorney shall report the
  946  findings to the department and shall include in the report a
  947  determination of whether or not prosecution is justified and
  948  appropriate in view of the circumstances of the specific case.
  949         Section 17. Paragraph (c) of subsection (8) and paragraph
  950  (a) of subsection (14) of section 39.402, Florida Statutes, are
  951  amended to read:
  952         39.402 Placement in a shelter.—
  953         (8)
  954         (c) At the shelter hearing, the court shall:
  955         1. Appoint a guardian ad litem to represent the best
  956  interest of the child or an attorney for the child to provide
  957  direct representation as provided in part XI of this chapter,
  958  unless the court finds that such representation is unnecessary;
  959         2. Inform the parents or legal custodians of their right to
  960  counsel to represent them at the shelter hearing and at each
  961  subsequent hearing or proceeding, and the right of the parents
  962  to appointed counsel, pursuant to the procedures set forth in s.
  963  39.013;
  964         3. Give the parents or legal custodians an opportunity to
  965  be heard and to present evidence; and
  966         4. Inquire of those present at the shelter hearing as to
  967  the identity and location of the legal father. In determining
  968  who the legal father of the child may be, the court shall
  969  inquire under oath of those present at the shelter hearing
  970  whether they have any of the following information:
  971         a. Whether the mother of the child was married at the
  972  probable time of conception of the child or at the time of birth
  973  of the child.
  974         b. Whether the mother was cohabiting with a male at the
  975  probable time of conception of the child.
  976         c. Whether the mother has received payments or promises of
  977  support with respect to the child or because of her pregnancy
  978  from a man who claims to be the father.
  979         d. Whether the mother has named any man as the father on
  980  the birth certificate of the child or in connection with
  981  applying for or receiving public assistance.
  982         e. Whether any man has acknowledged or claimed paternity of
  983  the child in a jurisdiction in which the mother resided at the
  984  time of or since conception of the child or in which the child
  985  has resided or resides.
  986         f. Whether a man is named on the birth certificate of the
  987  child pursuant to s. 382.013(2).
  988         g. Whether a man has been determined by a court order to be
  989  the father of the child.
  990         h. Whether a man has been determined to be the father of
  991  the child by the Department of Revenue as provided in s.
  992  409.256.
  993         (14) The time limitations in this section do not include:
  994         (a) Periods of delay resulting from a continuance granted
  995  at the request or with the consent of the attorney for the child
  996  or the child’s counsel or the child’s guardian ad litem, if one
  997  has been appointed by the court, or, if the child is of
  998  sufficient capacity to express reasonable consent, at the
  999  request or with the consent of the attorney for the child
 1000  child’s attorney or the child’s guardian ad litem, if one has
 1001  been appointed by the court, and the child.
 1002         Section 18. Paragraphs (e) and (f) of subsection (3) and
 1003  subsection (6) of section 39.407, Florida Statutes, are amended
 1004  to read:
 1005         39.407 Medical, psychiatric, and psychological examination
 1006  and treatment of child; physical, mental, or substance abuse
 1007  examination of person with or requesting child custody.—
 1008         (3)
 1009         (e)1. If the child’s prescribing physician or psychiatric
 1010  nurse, as defined in s. 394.455, certifies in the signed medical
 1011  report required in paragraph (c) that delay in providing a
 1012  prescribed psychotropic medication would more likely than not
 1013  cause significant harm to the child, the medication may be
 1014  provided in advance of the issuance of a court order. In such
 1015  event, the medical report must provide the specific reasons why
 1016  the child may experience significant harm and the nature and the
 1017  extent of the potential harm. The department must submit a
 1018  motion seeking continuation of the medication and the
 1019  physician’s or psychiatric nurse’s medical report to the court,
 1020  the child’s guardian ad litem or attorney for the child, and all
 1021  other parties within 3 working days after the department
 1022  commences providing the medication to the child. The department
 1023  shall seek the order at the next regularly scheduled court
 1024  hearing required under this chapter, or within 30 days after the
 1025  date of the prescription, whichever occurs sooner. If any party
 1026  objects to the department’s motion, the court shall hold a
 1027  hearing within 7 days.
 1028         2. Psychotropic medications may be administered in advance
 1029  of a court order in hospitals, crisis stabilization units, and
 1030  in statewide inpatient psychiatric programs. Within 3 working
 1031  days after the medication is begun, the department must seek
 1032  court authorization as described in paragraph (c).
 1033         (f)1. The department shall fully inform the court of the
 1034  child’s medical and behavioral status as part of the social
 1035  services report prepared for each judicial review hearing held
 1036  for a child for whom psychotropic medication has been prescribed
 1037  or provided under this subsection. As a part of the information
 1038  provided to the court, the department shall furnish copies of
 1039  all pertinent medical records concerning the child which have
 1040  been generated since the previous hearing. On its own motion or
 1041  on good cause shown by any party, including any guardian ad
 1042  litem, or the child attorney, or attorney ad litem who has been
 1043  appointed to represent the child or the child’s interests, the
 1044  court may review the status more frequently than required in
 1045  this subsection.
 1046         2. The court may, in the best interests of the child, order
 1047  the department to obtain a medical opinion addressing whether
 1048  the continued use of the medication under the circumstances is
 1049  safe and medically appropriate.
 1050         (6) Children who are in the legal custody of the department
 1051  may be placed by the department, without prior approval of the
 1052  court, in a residential treatment center licensed under s.
 1053  394.875 or a hospital licensed under chapter 395 for residential
 1054  mental health treatment only pursuant to this section or may be
 1055  placed by the court in accordance with an order of involuntary
 1056  examination or involuntary placement entered pursuant to s.
 1057  394.463 or s. 394.467. All children placed in a residential
 1058  treatment program under this subsection must be appointed have a
 1059  guardian ad litem and an attorney for the child appointed.
 1060         (a) As used in this subsection, the term:
 1061         1. “Residential treatment” means placement for observation,
 1062  diagnosis, or treatment of an emotional disturbance in a
 1063  residential treatment center licensed under s. 394.875 or a
 1064  hospital licensed under chapter 395.
 1065         2. “Least restrictive alternative” means the treatment and
 1066  conditions of treatment that, separately and in combination, are
 1067  no more intrusive or restrictive of freedom than reasonably
 1068  necessary to achieve a substantial therapeutic benefit or to
 1069  protect the child or adolescent or others from physical injury.
 1070         3. “Suitable for residential treatment” or “suitability”
 1071  means a determination concerning a child or adolescent with an
 1072  emotional disturbance as defined in s. 394.492(5) or a serious
 1073  emotional disturbance as defined in s. 394.492(6) that each of
 1074  the following criteria is met:
 1075         a. The child requires residential treatment.
 1076         b. The child is in need of a residential treatment program
 1077  and is expected to benefit from mental health treatment.
 1078         c. An appropriate, less restrictive alternative to
 1079  residential treatment is unavailable.
 1080         (b) Whenever the department believes that a child in its
 1081  legal custody is emotionally disturbed and may need residential
 1082  treatment, an examination and suitability assessment must be
 1083  conducted by a qualified evaluator who is appointed by the
 1084  Agency for Health Care Administration. This suitability
 1085  assessment must be completed before the placement of the child
 1086  in a residential treatment center for emotionally disturbed
 1087  children and adolescents or a hospital. The qualified evaluator
 1088  must be a psychiatrist or a psychologist licensed in Florida who
 1089  has at least 3 years of experience in the diagnosis and
 1090  treatment of serious emotional disturbances in children and
 1091  adolescents and who has no actual or perceived conflict of
 1092  interest with any inpatient facility or residential treatment
 1093  center or program.
 1094         (c) Before a child is admitted under this subsection, the
 1095  child shall be assessed for suitability for residential
 1096  treatment by a qualified evaluator who has conducted a personal
 1097  examination and assessment of the child and has made written
 1098  findings that:
 1099         1. The child appears to have an emotional disturbance
 1100  serious enough to require residential treatment and is
 1101  reasonably likely to benefit from the treatment.
 1102         2. The child has been provided with a clinically
 1103  appropriate explanation of the nature and purpose of the
 1104  treatment.
 1105         3. All available modalities of treatment less restrictive
 1106  than residential treatment have been considered, and a less
 1107  restrictive alternative that would offer comparable benefits to
 1108  the child is unavailable.
 1109  
 1110  A copy of the written findings of the evaluation and suitability
 1111  assessment must be provided to the department, to the guardian
 1112  ad litem and attorney for the child, and, if the child is a
 1113  member of a Medicaid managed care plan, to the plan that is
 1114  financially responsible for the child’s care in residential
 1115  treatment, all of whom must be provided with the opportunity to
 1116  discuss the findings with the evaluator.
 1117         (d) Immediately upon placing a child in a residential
 1118  treatment program under this section, the department must notify
 1119  the guardian ad litem, the attorney for the child, and the court
 1120  having jurisdiction over the child and must provide the guardian
 1121  ad litem, the attorney for the child, and the court with a copy
 1122  of the assessment by the qualified evaluator.
 1123         (e) Within 10 days after the admission of a child to a
 1124  residential treatment program, the director of the residential
 1125  treatment program or the director’s designee must ensure that an
 1126  individualized plan of treatment has been prepared by the
 1127  program and has been explained to the child, to the department,
 1128  and to the guardian ad litem, and to the attorney for the child,
 1129  and submitted to the department. The child must be involved in
 1130  the preparation of the plan to the maximum feasible extent
 1131  consistent with his or her ability to understand and
 1132  participate, and the guardian ad litem, the attorney for the
 1133  child, and the child’s foster parents must be involved to the
 1134  maximum extent consistent with the child’s treatment needs. The
 1135  plan must include a preliminary plan for residential treatment
 1136  and aftercare upon completion of residential treatment. The plan
 1137  must include specific behavioral and emotional goals against
 1138  which the success of the residential treatment may be measured.
 1139  A copy of the plan must be provided to the child, to the
 1140  guardian ad litem, to the attorney for the child, and to the
 1141  department.
 1142         (f) Within 30 days after admission, the residential
 1143  treatment program must review the appropriateness and
 1144  suitability of the child’s placement in the program. The
 1145  residential treatment program must determine whether the child
 1146  is receiving benefit toward the treatment goals and whether the
 1147  child could be treated in a less restrictive treatment program.
 1148  The residential treatment program shall prepare a written report
 1149  of its findings and submit the report to the guardian ad litem,
 1150  to the attorney for the child, and to the department. The
 1151  department must submit the report to the court. The report must
 1152  include a discharge plan for the child. The residential
 1153  treatment program must continue to evaluate the child’s
 1154  treatment progress every 30 days thereafter and must include its
 1155  findings in a written report submitted to the department. The
 1156  department may not reimburse a facility until the facility has
 1157  submitted every written report that is due.
 1158         (g)1. The department must submit, at the beginning of each
 1159  month, to the court having jurisdiction over the child, a
 1160  written report regarding the child’s progress toward achieving
 1161  the goals specified in the individualized plan of treatment.
 1162         2. The court must conduct a hearing to review the status of
 1163  the child’s residential treatment plan no later than 60 days
 1164  after the child’s admission to the residential treatment
 1165  program. An independent review of the child’s progress toward
 1166  achieving the goals and objectives of the treatment plan must be
 1167  completed by a qualified evaluator and submitted to the court
 1168  before its 60-day review.
 1169         3. For any child in residential treatment at the time a
 1170  judicial review is held pursuant to s. 39.701, the child’s
 1171  continued placement in residential treatment must be a subject
 1172  of the judicial review.
 1173         4. If at any time the court determines that the child is
 1174  not suitable for continued residential treatment, the court
 1175  shall order the department to place the child in the least
 1176  restrictive setting that is best suited to meet his or her
 1177  needs.
 1178         (h) After the initial 60-day review, the court must conduct
 1179  a review of the child’s residential treatment plan every 90
 1180  days.
 1181         (i) The department must adopt rules for implementing
 1182  timeframes for the completion of suitability assessments by
 1183  qualified evaluators and a procedure that includes timeframes
 1184  for completing the 60-day independent review by the qualified
 1185  evaluators of the child’s progress toward achieving the goals
 1186  and objectives of the treatment plan which review must be
 1187  submitted to the court. The Agency for Health Care
 1188  Administration must adopt rules for the registration of
 1189  qualified evaluators, the procedure for selecting the evaluators
 1190  to conduct the reviews required under this section, and a
 1191  reasonable, cost-efficient fee schedule for qualified
 1192  evaluators.
 1193         Section 19. Paragraphs (t) and (u) of subsection (1) of
 1194  section 39.4085, Florida Statutes, are amended to read:
 1195         39.4085 Goals for dependent children; responsibilities;
 1196  education.—
 1197         (1) The Legislature finds that the design and delivery of
 1198  child welfare services should be directed by the principle that
 1199  the health and safety of children, including the freedom from
 1200  abuse, abandonment, or neglect, is of paramount concern and,
 1201  therefore, establishes the following goals for children in
 1202  shelter or foster care:
 1203         (t) To have a guardian ad litem appointed to represent,
 1204  within reason, their best interests; and, as appropriate, have
 1205  an attorney for the child and, if appropriate, an attorney ad
 1206  litem appointed to represent their legal interests.; The
 1207  guardian ad litem and attorney for the child ad litem shall have
 1208  immediate and unlimited access to the children they represent.
 1209         (u) To have all their records available for review by their
 1210  guardian ad litem or attorney for the child, as applicable, and
 1211  attorney ad litem if they deem such review necessary.
 1212  
 1213  This subsection establishes goals and not rights. This
 1214  subsection does not require the delivery of any particular
 1215  service or level of service in excess of existing
 1216  appropriations. A person does not have a cause of action against
 1217  the state or any of its subdivisions, agencies, contractors,
 1218  subcontractors, or agents, based upon the adoption of or failure
 1219  to provide adequate funding for the achievement of these goals
 1220  by the Legislature. This subsection does not require the
 1221  expenditure of funds to meet the goals established in this
 1222  subsection except those funds specifically appropriated for such
 1223  purpose.
 1224         Section 20. Subsections (8), (12), (13), (14), and (17) of
 1225  section 39.502, Florida Statutes, are amended to read:
 1226         39.502 Notice, process, and service.—
 1227         (8) It is not necessary to the validity of a proceeding
 1228  covered by this part that the parents be present if their
 1229  identity or residence is unknown after a diligent search has
 1230  been made, but in this event the petitioner shall file an
 1231  affidavit of diligent search prepared by the person who made the
 1232  search and inquiry, and the court may appoint a guardian ad
 1233  litem for the child or an attorney for the child, as
 1234  appropriate.
 1235         (12) All process and orders issued by the court shall be
 1236  served or executed as other process and orders of the circuit
 1237  court and, in addition, may be served or executed by authorized
 1238  agents of the department or the guardian ad litem or attorney
 1239  for the child, as applicable.
 1240         (13) Subpoenas may be served within this the state by any
 1241  person over 18 years of age who is not a party to the proceeding
 1242  and, in addition, may be served by authorized agents of the
 1243  department or the guardian ad litem or attorney for the child,
 1244  as applicable.
 1245         (14) No fee shall be paid for service of any process or
 1246  other papers by an agent of the department or the guardian ad
 1247  litem or attorney for the child, as applicable. If any process,
 1248  orders, or any other papers are served or executed by any
 1249  sheriff, the sheriff’s fees shall be paid by the county.
 1250         (17) The parent or legal custodian of the child, the
 1251  attorney for the department, the guardian ad litem or attorney
 1252  for the child, as applicable, the foster or preadoptive parents,
 1253  and all other parties and participants shall be given reasonable
 1254  notice of all proceedings and hearings provided for under this
 1255  part. All foster or preadoptive parents must be provided with at
 1256  least 72 hours’ notice, verbally or in writing, of all
 1257  proceedings or hearings relating to children in their care or
 1258  children they are seeking to adopt to ensure the ability to
 1259  provide input to the court.
 1260         Section 21. Paragraphs (c) and (e) of subsection (1) of
 1261  section 39.521, Florida Statutes, are amended to read:
 1262         39.521 Disposition hearings; powers of disposition.—
 1263         (1) A disposition hearing shall be conducted by the court,
 1264  if the court finds that the facts alleged in the petition for
 1265  dependency were proven in the adjudicatory hearing, or if the
 1266  parents or legal custodians have consented to the finding of
 1267  dependency or admitted the allegations in the petition, have
 1268  failed to appear for the arraignment hearing after proper
 1269  notice, or have not been located despite a diligent search
 1270  having been conducted.
 1271         (c) When any child is adjudicated by a court to be
 1272  dependent, the court having jurisdiction of the child has the
 1273  power by order to:
 1274         1. Require the parent and, when appropriate, the legal
 1275  guardian or the child to participate in treatment and services
 1276  identified as necessary. The court may require the person who
 1277  has custody or who is requesting custody of the child to submit
 1278  to a mental health or substance abuse disorder assessment or
 1279  evaluation. The order may be made only upon good cause shown and
 1280  pursuant to notice and procedural requirements provided under
 1281  the Florida Rules of Juvenile Procedure. The mental health
 1282  assessment or evaluation must be administered by a qualified
 1283  professional as defined in s. 39.01, and the substance abuse
 1284  assessment or evaluation must be administered by a qualified
 1285  professional as defined in s. 397.311. The court may also
 1286  require such person to participate in and comply with treatment
 1287  and services identified as necessary, including, when
 1288  appropriate and available, participation in and compliance with
 1289  a mental health court program established under chapter 394 or a
 1290  treatment-based drug court program established under s. 397.334.
 1291  Adjudication of a child as dependent based upon evidence of harm
 1292  as defined in s. 39.01(35)(g) s. 39.01(34)(g) demonstrates good
 1293  cause, and the court shall require the parent whose actions
 1294  caused the harm to submit to a substance abuse disorder
 1295  assessment or evaluation and to participate and comply with
 1296  treatment and services identified in the assessment or
 1297  evaluation as being necessary. In addition to supervision by the
 1298  department, the court, including the mental health court program
 1299  or the treatment-based drug court program, may oversee the
 1300  progress and compliance with treatment by a person who has
 1301  custody or is requesting custody of the child. The court may
 1302  impose appropriate available sanctions for noncompliance upon a
 1303  person who has custody or is requesting custody of the child or
 1304  make a finding of noncompliance for consideration in determining
 1305  whether an alternative placement of the child is in the child’s
 1306  best interests. Any order entered under this subparagraph may be
 1307  made only upon good cause shown. This subparagraph does not
 1308  authorize placement of a child with a person seeking custody of
 1309  the child, other than the child’s parent or legal custodian, who
 1310  requires mental health or substance abuse disorder treatment.
 1311         2. Require, if the court deems necessary, the parties to
 1312  participate in dependency mediation.
 1313         3. Require placement of the child either under the
 1314  protective supervision of an authorized agent of the department
 1315  in the home of one or both of the child’s parents or in the home
 1316  of a relative of the child or another adult approved by the
 1317  court, or in the custody of the department. Protective
 1318  supervision continues until the court terminates it or until the
 1319  child reaches the age of 18, whichever date is first. Protective
 1320  supervision shall be terminated by the court whenever the court
 1321  determines that permanency has been achieved for the child,
 1322  whether with a parent, another relative, or a legal custodian,
 1323  and that protective supervision is no longer needed. The
 1324  termination of supervision may be with or without retaining
 1325  jurisdiction, at the court’s discretion, and shall in either
 1326  case be considered a permanency option for the child. The order
 1327  terminating supervision by the department must set forth the
 1328  powers of the custodian of the child and include the powers
 1329  ordinarily granted to a guardian of the person of a minor unless
 1330  otherwise specified. Upon the court’s termination of supervision
 1331  by the department, further judicial reviews are not required if
 1332  permanency has been established for the child.
 1333         4. Determine whether the child has a strong attachment to
 1334  the prospective permanent guardian and whether such guardian has
 1335  a strong commitment to permanently caring for the child.
 1336         (e) The court shall, in its written order of disposition,
 1337  include all of the following:
 1338         1. The placement or custody of the child.
 1339         2. Special conditions of placement and visitation.
 1340         3. Evaluation, counseling, treatment activities, and other
 1341  actions to be taken by the parties, if ordered.
 1342         4. The persons or entities responsible for supervising or
 1343  monitoring services to the child and parent.
 1344         5. Continuation or discharge of the guardian ad litem or
 1345  attorney for the child if appointed, as appropriate.
 1346         6. The date, time, and location of the next scheduled
 1347  review hearing, which must occur within the earlier of:
 1348         a. Ninety days after the disposition hearing;
 1349         b. Ninety days after the court accepts the case plan;
 1350         c. Six months after the date of the last review hearing; or
 1351         d. Six months after the date of the child’s removal from
 1352  his or her home, if no review hearing has been held since the
 1353  child’s removal from the home.
 1354         7. If the child is in an out-of-home placement, child
 1355  support to be paid by the parents, or the guardian of the
 1356  child’s estate if possessed of assets which under law may be
 1357  disbursed for the care, support, and maintenance of the child.
 1358  The court may exercise jurisdiction over all child support
 1359  matters, shall adjudicate the financial obligation, including
 1360  health insurance, of the child’s parents or guardian, and shall
 1361  enforce the financial obligation as provided in chapter 61. The
 1362  state’s child support enforcement agency shall enforce child
 1363  support orders under this section in the same manner as child
 1364  support orders under chapter 61. Placement of the child shall
 1365  not be contingent upon issuance of a support order.
 1366         8.a. If the court does not commit the child to the
 1367  temporary legal custody of an adult relative, legal custodian,
 1368  or other adult approved by the court, the disposition order must
 1369  include the reasons for such a decision and shall include a
 1370  determination as to whether diligent efforts were made by the
 1371  department to locate an adult relative, legal custodian, or
 1372  other adult willing to care for the child in order to present
 1373  that placement option to the court instead of placement with the
 1374  department.
 1375         b. If no suitable relative is found and the child is placed
 1376  with the department or a legal custodian or other adult approved
 1377  by the court, both the department and the court shall consider
 1378  transferring temporary legal custody to an adult relative
 1379  approved by the court at a later date, but neither the
 1380  department nor the court is obligated to so place the child if
 1381  it is in the child’s best interest to remain in the current
 1382  placement.
 1383  
 1384  For the purposes of this section, “diligent efforts to locate an
 1385  adult relative” means a search similar to the diligent search
 1386  for a parent, but without the continuing obligation to search
 1387  after an initial adequate search is completed.
 1388         9. Other requirements necessary to protect the health,
 1389  safety, and well-being of the child, to preserve the stability
 1390  of the child’s child care, early education program, or any other
 1391  educational placement, and to promote family preservation or
 1392  reunification whenever possible.
 1393         Section 22. Paragraph (a) of subsection (1) of section
 1394  39.6011, Florida Statutes, is amended to read:
 1395         39.6011 Case plan development.—
 1396         (1) The department shall prepare a draft of the case plan
 1397  for each child receiving services under this chapter. A parent
 1398  of a child may not be threatened or coerced with the loss of
 1399  custody or parental rights for failing to admit in the case plan
 1400  of abusing, neglecting, or abandoning a child. Participating in
 1401  the development of a case plan is not an admission to any
 1402  allegation of abuse, abandonment, or neglect, and it is not a
 1403  consent to a finding of dependency or termination of parental
 1404  rights. The case plan shall be developed subject to the
 1405  following requirements:
 1406         (a) The case plan must be developed in a face-to-face
 1407  conference with the parent of the child, any court-appointed
 1408  guardian ad litem or attorney for the child, and, if
 1409  appropriate, the child and the temporary custodian of the child.
 1410         Section 23. Paragraph (c) of subsection (1) of section
 1411  39.6012, Florida Statutes, is amended to read:
 1412         39.6012 Case plan tasks; services.—
 1413         (1) The services to be provided to the parent and the tasks
 1414  that must be completed are subject to the following:
 1415         (c) If there is evidence of harm as defined in s.
 1416  39.01(35)(g) s. 39.01(34)(g), the case plan must include as a
 1417  required task for the parent whose actions caused the harm that
 1418  the parent submit to a substance abuse disorder assessment or
 1419  evaluation and participate and comply with treatment and
 1420  services identified in the assessment or evaluation as being
 1421  necessary.
 1422         Section 24. Subsection (8) of section 39.6251, Florida
 1423  Statutes, is amended to read:
 1424         39.6251 Continuing care for young adults.—
 1425         (8) During the time that a young adult is in care, the
 1426  court shall maintain jurisdiction to ensure that the department
 1427  and the lead agencies are providing services and coordinate
 1428  with, and maintain oversight of, other agencies involved in
 1429  implementing the young adult’s case plan, individual education
 1430  plan, and transition plan. The court shall review the status of
 1431  the young adult at least every 6 months and hold a permanency
 1432  review hearing at least annually. If the young adult is
 1433  appointed a guardian under chapter 744 or a guardian advocate
 1434  under s. 393.12, at the permanency review hearing the court
 1435  shall review the necessity of continuing the guardianship and
 1436  whether restoration of guardianship proceedings are needed when
 1437  the young adult reaches 22 years of age. The court may appoint
 1438  an attorney for the child a guardian ad litem or continue the
 1439  appointment of a guardian ad litem or an attorney for the child,
 1440  as applicable, with the young adult’s consent. The young adult
 1441  or any other party to the dependency case may request an
 1442  additional hearing or review.
 1443         Section 25. Paragraph (b) of subsection (1) and paragraph
 1444  (b) of subsection (2) of section 39.701, Florida Statutes, are
 1445  amended to read:
 1446         39.701 Judicial review.—
 1447         (1) GENERAL PROVISIONS.—
 1448         (b)1. The court shall retain jurisdiction over a child
 1449  returned to his or her parents for a minimum period of 6 months
 1450  following the reunification, but, at that time, based on a
 1451  report of the social service agency and the guardian ad litem or
 1452  attorney for the child, if one has been appointed, and any other
 1453  relevant factors, the court shall make a determination as to
 1454  whether supervision by the department and the court’s
 1455  jurisdiction shall continue or be terminated.
 1456         2. Notwithstanding subparagraph 1., the court must retain
 1457  jurisdiction over a child if the child is placed in the home
 1458  with a parent or caregiver with an in-home safety plan and such
 1459  safety plan remains necessary for the child to reside safely in
 1460  the home.
 1461         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
 1462  AGE.—
 1463         (b) Submission and distribution of reports.—
 1464         1. A copy of the social service agency’s written report and
 1465  the written report of the guardian ad litem, and a report of the
 1466  attorney for the child, if he or she has prepared one, must be
 1467  served on all parties whose whereabouts are known; to the foster
 1468  parents or legal custodians; and to the citizen review panel, at
 1469  least 72 hours before the judicial review hearing or citizen
 1470  review panel hearing. The requirement for providing parents with
 1471  a copy of the written report does not apply to those parents who
 1472  have voluntarily surrendered their child for adoption or who
 1473  have had their parental rights to the child terminated.
 1474         2. In a case in which the child has been permanently placed
 1475  with the social service agency, the agency shall furnish to the
 1476  court a written report concerning the progress being made to
 1477  place the child for adoption. If the child cannot be placed for
 1478  adoption, a report on the progress made by the child towards
 1479  alternative permanency goals or placements, including, but not
 1480  limited to, guardianship, long-term custody, long-term licensed
 1481  custody, or independent living, must be submitted to the court.
 1482  The report must be submitted to the court at least 72 hours
 1483  before each scheduled judicial review.
 1484         3. In addition to or in lieu of any written statement
 1485  provided to the court, the foster parent or legal custodian, or
 1486  any preadoptive parent, shall be given the opportunity to
 1487  address the court with any information relevant to the best
 1488  interests of the child at any judicial review hearing.
 1489         Section 26. Paragraph (g) of subsection (5) of section
 1490  39.702, Florida Statutes, is amended to read:
 1491         39.702 Citizen review panels.—
 1492         (5) The independent not-for-profit agency authorized to
 1493  administer each citizen review panel shall:
 1494         (g) Establish policies to ensure adequate communication
 1495  with the parent, the foster parent or legal custodian, the
 1496  guardian ad litem or attorney for the child, and any other
 1497  person deemed appropriate.
 1498         Section 27. Paragraph (a) of subsection (3) and subsections
 1499  (5), (6), and (7) of section 39.801, Florida Statutes, are
 1500  amended to read:
 1501         39.801 Procedures and jurisdiction; notice; service of
 1502  process.—
 1503         (3) Before the court may terminate parental rights, in
 1504  addition to the other requirements set forth in this part, the
 1505  following requirements must be met:
 1506         (a) Notice of the date, time, and place of the advisory
 1507  hearing for the petition to terminate parental rights and a copy
 1508  of the petition must be personally served upon the following
 1509  persons, specifically notifying them that a petition has been
 1510  filed:
 1511         1. The parents of the child.
 1512         2. The legal custodians of the child.
 1513         3. If the parents who would be entitled to notice are dead
 1514  or unknown, a living relative of the child, unless upon diligent
 1515  search and inquiry no such relative can be found.
 1516         4. Any person who has physical custody of the child.
 1517         5. Any grandparent entitled to priority for adoption under
 1518  s. 63.0425.
 1519         6. Any prospective parent who has been identified under s.
 1520  39.503 or s. 39.803, unless a court order has been entered
 1521  pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which
 1522  indicates no further notice is required. Except as otherwise
 1523  provided in this section, if there is not a legal father, notice
 1524  of the petition for termination of parental rights must be
 1525  provided to any known prospective father who is identified under
 1526  oath before the court or who is identified by a diligent search
 1527  of the Florida Putative Father Registry. Service of the notice
 1528  of the petition for termination of parental rights is not
 1529  required if the prospective father executes an affidavit of
 1530  nonpaternity or a consent to termination of his parental rights
 1531  which is accepted by the court after notice and opportunity to
 1532  be heard by all parties to address the best interests of the
 1533  child in accepting such affidavit.
 1534         7. The guardian ad litem for the child or the
 1535  representative of the guardian ad litem program, if the program
 1536  has been appointed.
 1537         8.The attorney for the child, if appointed.
 1538  
 1539  The document containing the notice to respond or appear must
 1540  contain, in type at least as large as the type in the balance of
 1541  the document, the following or substantially similar language:
 1542  “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING
 1543  CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF
 1544  THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND
 1545  TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE
 1546  CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS
 1547  NOTICE.”
 1548         (5) All process and orders issued by the court must be
 1549  served or executed as other process and orders of the circuit
 1550  court and, in addition, may be served or executed by authorized
 1551  agents of the department, or the guardian ad litem, or the
 1552  attorney for the child.
 1553         (6) Subpoenas may be served within this the state by any
 1554  person over 18 years of age who is not a party to the proceeding
 1555  and, in addition, may be served or executed by authorized agents
 1556  of the department, or of the guardian ad litem, or of the
 1557  attorney for the child.
 1558         (7) A fee may not be paid for service of any process or
 1559  other papers by an agent of the department, or the guardian ad
 1560  litem, or the attorney for the child. If any process, orders, or
 1561  other papers are served or executed by any sheriff, the
 1562  sheriff’s fees must be paid by the county.
 1563         Section 28. Subsection (1) of section 39.802, Florida
 1564  Statutes, is amended to read:
 1565         39.802 Petition for termination of parental rights; filing;
 1566  elements.—
 1567         (1) All proceedings seeking an adjudication to terminate
 1568  parental rights pursuant to this chapter must be initiated by
 1569  the filing of an original petition by the department, the
 1570  guardian ad litem, the attorney for the child, or any other
 1571  person who has knowledge of the facts alleged or is informed of
 1572  them and believes that they are true.
 1573         Section 29. Subsection (2) of section 39.808, Florida
 1574  Statutes, is amended to read:
 1575         39.808 Advisory hearing; pretrial status conference.—
 1576         (2) At the hearing the court shall inform the parties of
 1577  their rights under s. 39.807, shall appoint counsel for the
 1578  parties in accordance with legal requirements, and shall appoint
 1579  a guardian ad litem or an attorney for the child as provided for
 1580  in s. 39.831 to represent the interests of the child if one has
 1581  not already been appointed.
 1582         Section 30. Subsection (11) of section 39.810, Florida
 1583  Statutes, is amended to read:
 1584         39.810 Manifest best interests of the child.—In a hearing
 1585  on a petition for termination of parental rights, the court
 1586  shall consider the manifest best interests of the child. This
 1587  consideration shall not include a comparison between the
 1588  attributes of the parents and those of any persons providing a
 1589  present or potential placement for the child. For the purpose of
 1590  determining the manifest best interests of the child, the court
 1591  shall consider and evaluate all relevant factors, including, but
 1592  not limited to:
 1593         (11) The recommendations for the child provided by the
 1594  child’s guardian ad litem or legal representative.
 1595         Section 31. Subsection (9) of section 39.811, Florida
 1596  Statutes, is amended to read:
 1597         39.811 Powers of disposition; order of disposition.—
 1598         (9) After termination of parental rights, the court shall
 1599  retain jurisdiction over any child for whom custody is given to
 1600  a social service agency until the child is adopted. The court
 1601  shall review the status of the child’s placement and the
 1602  progress being made toward permanent adoptive placement. As part
 1603  of this continuing jurisdiction, for good cause shown by the
 1604  attorney for the child or guardian ad litem for the child, the
 1605  court may review the appropriateness of the adoptive placement
 1606  of the child.
 1607         Section 32. Subsection (4) of section 39.812, Florida
 1608  Statutes, is amended to read:
 1609         39.812 Postdisposition relief; petition for adoption.—
 1610         (4) The court shall retain jurisdiction over any child
 1611  placed in the custody of the department until the child is
 1612  adopted. After custody of a child for subsequent adoption has
 1613  been given to the department, the court has jurisdiction for the
 1614  purpose of reviewing the status of the child and the progress
 1615  being made toward permanent adoptive placement. As part of this
 1616  continuing jurisdiction, for good cause shown by the attorney
 1617  for the child or guardian ad litem for the child, the court may
 1618  review the appropriateness of the adoptive placement of the
 1619  child. When a licensed foster parent or court-ordered custodian
 1620  has applied to adopt a child who has resided with the foster
 1621  parent or custodian for at least 6 months and who has previously
 1622  been permanently committed to the legal custody of the
 1623  department and the department does not grant the application to
 1624  adopt, the department may not, in the absence of a prior court
 1625  order authorizing it to do so, remove the child from the foster
 1626  home or custodian, except when:
 1627         (a) There is probable cause to believe that the child is at
 1628  imminent risk of abuse or neglect;
 1629         (b) Thirty days have expired following written notice to
 1630  the foster parent or custodian of the denial of the application
 1631  to adopt, within which period no formal challenge of the
 1632  department’s decision has been filed; or
 1633         (c) The foster parent or custodian agrees to the child’s
 1634  removal.
 1635         Section 33. Subsections (5), (6), and (7) of section 43.16,
 1636  Florida Statutes, are amended to read:
 1637         43.16 Justice Administrative Commission; membership, powers
 1638  and duties.—
 1639         (5) The duties of the commission shall include, but not be
 1640  limited to, the following:
 1641         (a) The maintenance of a central state office for
 1642  administrative services and assistance when possible to and on
 1643  behalf of the state attorneys and public defenders of Florida,
 1644  the capital collateral regional counsel of Florida, the criminal
 1645  conflict and civil regional counsel, and the Guardian Ad Litem
 1646  Program, and the Statewide Office of Child Representation.
 1647         (b) Each state attorney, public defender, and criminal
 1648  conflict and civil regional counsel, and the Guardian Ad Litem
 1649  Program, and the Statewide Office of Child Representation shall
 1650  continue to prepare necessary budgets, vouchers that represent
 1651  valid claims for reimbursement by the state for authorized
 1652  expenses, and other things incidental to the proper
 1653  administrative operation of the office, such as revenue
 1654  transmittals to the Chief Financial Officer and automated
 1655  systems plans, but will forward such items to the commission for
 1656  recording and submission to the proper state officer. However,
 1657  when requested by a state attorney, a public defender, a
 1658  criminal conflict and civil regional counsel, or the Guardian Ad
 1659  Litem Program, or the Statewide Office of Child Representation,
 1660  the commission will either assist in the preparation of budget
 1661  requests, voucher schedules, and other forms and reports or
 1662  accomplish the entire project involved.
 1663         (6) The commission, each state attorney, each public
 1664  defender, the criminal conflict and civil regional counsel, the
 1665  capital collateral regional counsel, and the Guardian Ad Litem
 1666  Program, and the Statewide Office of Child Representation shall
 1667  establish and maintain internal controls designed to:
 1668         (a) Prevent and detect fraud, waste, and abuse as defined
 1669  in s. 11.45(1).
 1670         (b) Promote and encourage compliance with applicable laws,
 1671  rules, contracts, grant agreements, and best practices.
 1672         (c) Support economical and efficient operations.
 1673         (d) Ensure reliability of financial records and reports.
 1674         (e) Safeguard assets.
 1675         (7) The provisions contained in this section shall be
 1676  supplemental to those of chapter 27, relating to state
 1677  attorneys, public defenders, criminal conflict and civil
 1678  regional counsel, and capital collateral regional counsel; to
 1679  those of chapter 39, relating to the Guardian Ad Litem Program
 1680  and the Statewide Office of Child Representation; or to other
 1681  laws pertaining hereto.
 1682         Section 34. Paragraph (a) of subsection (2) of section
 1683  63.085, Florida Statutes, is amended to read:
 1684         63.085 Disclosure by adoption entity.—
 1685         (2) DISCLOSURE TO ADOPTIVE PARENTS.—
 1686         (a) At the time that an adoption entity is responsible for
 1687  selecting prospective adoptive parents for a born or unborn
 1688  child whose parents are seeking to place the child for adoption
 1689  or whose rights were terminated pursuant to chapter 39, the
 1690  adoption entity must provide the prospective adoptive parents
 1691  with information concerning the background of the child to the
 1692  extent such information is disclosed to the adoption entity by
 1693  the parents, legal custodian, or the department. This subsection
 1694  applies only if the adoption entity identifies the prospective
 1695  adoptive parents and supervises the placement of the child in
 1696  the prospective adoptive parents’ home. If any information
 1697  cannot be disclosed because the records custodian failed or
 1698  refused to produce the background information, the adoption
 1699  entity has a duty to provide the information if it becomes
 1700  available. An individual or entity contacted by an adoption
 1701  entity to obtain the background information must release the
 1702  requested information to the adoption entity without the
 1703  necessity of a subpoena or a court order. In all cases, the
 1704  prospective adoptive parents must receive all available
 1705  information by the date of the final hearing on the petition for
 1706  adoption. The information to be disclosed includes:
 1707         1. A family social and medical history form completed
 1708  pursuant to s. 63.162(6).
 1709         2. The biological mother’s medical records documenting her
 1710  prenatal care and the birth and delivery of the child.
 1711         3. A complete set of the child’s medical records
 1712  documenting all medical treatment and care since the child’s
 1713  birth and before placement.
 1714         4. All mental health, psychological, and psychiatric
 1715  records, reports, and evaluations concerning the child before
 1716  placement.
 1717         5. The child’s educational records, including all records
 1718  concerning any special education needs of the child before
 1719  placement.
 1720         6. Records documenting all incidents that required the
 1721  department to provide services to the child, including all
 1722  orders of adjudication of dependency or termination of parental
 1723  rights issued pursuant to chapter 39, any case plans drafted to
 1724  address the child’s needs, all protective services
 1725  investigations identifying the child as a victim, and all
 1726  guardian ad litem reports or attorney for the child reports
 1727  filed with the court concerning the child.
 1728         7. Written information concerning the availability of
 1729  adoption subsidies for the child, if applicable.
 1730         Section 35. Subsection (4) of section 322.09, Florida
 1731  Statutes, is amended to read:
 1732         322.09 Application of minors; responsibility for negligence
 1733  or misconduct of minor.—
 1734         (4) Notwithstanding subsections (1) and (2), if a caregiver
 1735  of a minor who is under the age of 18 years and is in out-of
 1736  home care as defined in s. 39.01(56) s. 39.01(55), an authorized
 1737  representative of a residential group home at which such a minor
 1738  resides, the caseworker at the agency at which the state has
 1739  placed the minor, or a guardian ad litem specifically authorized
 1740  by the minor’s caregiver to sign for a learner’s driver license
 1741  signs the minor’s application for a learner’s driver license,
 1742  that caregiver, group home representative, caseworker, or
 1743  guardian ad litem does not assume any obligation or become
 1744  liable for any damages caused by the negligence or willful
 1745  misconduct of the minor by reason of having signed the
 1746  application. Before signing the application, the caseworker,
 1747  authorized group home representative, or guardian ad litem shall
 1748  notify the caregiver or other responsible party of his or her
 1749  intent to sign and verify the application.
 1750         Section 36. Paragraph (p) of subsection (4) of section
 1751  394.495, Florida Statutes, is amended to read:
 1752         394.495 Child and adolescent mental health system of care;
 1753  programs and services.—
 1754         (4) The array of services may include, but is not limited
 1755  to:
 1756         (p) Trauma-informed services for children who have suffered
 1757  sexual exploitation as defined in s. 39.01(78)(g) s.
 1758  39.01(77)(g).
 1759         Section 37. Section 627.746, Florida Statutes, is amended
 1760  to read:
 1761         627.746 Coverage for minors who have a learner’s driver
 1762  license; additional premium prohibited.—An insurer that issues
 1763  an insurance policy on a private passenger motor vehicle to a
 1764  named insured who is a caregiver of a minor who is under the age
 1765  of 18 years and is in out-of-home care as defined in s.
 1766  39.01(56) s. 39.01(55) may not charge an additional premium for
 1767  coverage of the minor while the minor is operating the insured
 1768  vehicle, for the period of time that the minor has a learner’s
 1769  driver license, until such time as the minor obtains a driver
 1770  license.
 1771         Section 38. Paragraph (b) of subsection (9) of section
 1772  768.28, Florida Statutes, is amended to read:
 1773         768.28 Waiver of sovereign immunity in tort actions;
 1774  recovery limits; civil liability for damages caused during a
 1775  riot; limitation on attorney fees; statute of limitations;
 1776  exclusions; indemnification; risk management programs.—
 1777         (9)
 1778         (b) As used in this subsection, the term:
 1779         1. “Employee” includes any volunteer firefighter.
 1780         2. “Officer, employee, or agent” includes, but is not
 1781  limited to, any health care provider when providing services
 1782  pursuant to s. 766.1115; any nonprofit independent college or
 1783  university located and chartered in this state which owns or
 1784  operates an accredited medical school, and its employees or
 1785  agents, when providing patient services pursuant to paragraph
 1786  (10)(f); any public defender or her or his employee or agent,
 1787  including an assistant public defender or an investigator; and
 1788  any member of a Child Protection Team, as defined in s. 39.01 s.
 1789  39.01(13), when carrying out her or his duties as a team member
 1790  under the control, direction, and supervision of the state or
 1791  any of its agencies or subdivisions.
 1792         Section 39. Paragraph (c) of subsection (1) of section
 1793  934.255, Florida Statutes, is amended to read:
 1794         934.255 Subpoenas in investigations of sexual offenses.—
 1795         (1) As used in this section, the term:
 1796         (c) “Sexual abuse of a child” means a criminal offense
 1797  based on any conduct described in s. 39.01(78) s. 39.01(77).
 1798         Section 40. Subsection (5) of section 960.065, Florida
 1799  Statutes, is amended to read:
 1800         960.065 Eligibility for awards.—
 1801         (5) A person is not ineligible for an award pursuant to
 1802  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 1803  person is a victim of sexual exploitation of a child as defined
 1804  in s. 39.01(78)(g) s. 39.01(77)(g).
 1805         Section 41. This act shall take effect July 1, 2022.