Bill Amendment: FL S1224 | 2024 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Protection of Children and Victims of Crime
Status: 2024-04-11 - Chapter No. 2024-70 [S1224 Detail]
Download: Florida-2024-S1224-Senate_Committee_Amendment_238806.html
Bill Title: Protection of Children and Victims of Crime
Status: 2024-04-11 - Chapter No. 2024-70 [S1224 Detail]
Download: Florida-2024-S1224-Senate_Committee_Amendment_238806.html
Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1224 Ì2388069Î238806 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (Burton) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 504 - 2056 4 and insert: 5 Section 6. Subsection (11) of section 39.013, Florida 6 Statutes, is amended to read: 7 39.013 Procedures and jurisdiction; right to counsel; 8 guardian ad litem and attorney ad litem.— 9 (11) The court shall appoint a guardian ad litem at the 10 earliest possible time to represent a child throughout the 11 proceedings, including any appeals. The guardian ad litem may 12 represent the child in proceedings outside of the dependency 13 case to secure the services and benefits that provide for the 14 care, safety, and protection of the childencourage the15Statewide Guardian Ad Litem Office to provide greater16representation to those children who are within 1 year of17transferring out of foster care. 18 Section 7. Paragraph (b) of subsection (1) of section 19 39.01305, Florida Statutes, is amended to read: 20 39.01305 Appointment of an attorney for a dependent child 21 with certain special needs.— 22 (1) 23 (b) The Legislature recognizes the existence of 24 organizations that provide attorney representation to children 25 in certain jurisdictions throughout the state. Further, the 26 statewide Guardian ad Litem officeProgramprovides best 27 interest representation for dependent children in every 28 jurisdiction in accordance with state and federal law. The 29 Legislature, therefore, does not intend that funding provided 30 for representation under this section supplant proven and 31 existing organizations representing children. Instead, the 32 Legislature intends that funding provided for representation 33 under this section be an additional resource for the 34 representation of more children in these jurisdictions, to the 35 extent necessary to meet the requirements of this chapter, with 36 the cooperation of existing local organizations or through the 37 expansion of those organizations. The Legislature encourages the 38 expansion of pro bono representation for children. This section 39 is not intended to limit the ability of a pro bono attorney to 40 appear on behalf of a child. 41 Section 8. Subsection (3) of section 39.0132, Florida 42 Statutes, is amended to read: 43 39.0132 Oaths, records, and confidential information.— 44 (3) The clerk shall keep all court records required by this 45 chapter separate from other records of the circuit court. All 46 court records required by this chapter mayshallnot be open to 47 inspection by the public. All records mayshallbe inspected 48 only upon order of the court by persons deemed by the court to 49 have a proper interest therein, except that, subject tothe50provisions ofs. 63.162, a child,andthe parents of the child 51 and their attorneys, the guardian ad litem, criminal conflict 52 and civil regional counsels, law enforcement agencies,andthe 53 department and its designees, and the attorney ad litem, if one 54 is appointed,shallalways have the right to inspect and copy 55 any official record pertaining to the child. The Justice 56 Administrative Commission may inspect court dockets required by 57 this chapter as necessary to audit compensation of court 58 appointed attorneys ad litem. If the docket is insufficient for 59 purposes of the audit, the commission may petition the court for 60 additional documentation as necessary and appropriate. The court 61 may permit authorized representatives of recognized 62 organizations compiling statistics for proper purposes to 63 inspect and make abstracts from official records, under whatever 64 conditions upon their use and disposition the court may deem 65 proper, and may punish by contempt proceedings any violation of 66 those conditions. 67 Section 9. Paragraph (a) of subsection (3) of section 68 39.0136, Florida Statutes, is amended to read: 69 39.0136 Time limitations; continuances.— 70 (3) The time limitations in this chapter do not include: 71 (a) Periods of delay resulting from a continuance granted 72 at the request of the child’s counsel,or the child’sguardian 73 ad litem, or attorney ad litem, if one is appointed, if the74child is of sufficient capacity to express reasonable consent,75at the request or with the consent of the child. The court must 76 consider the best interests of the child when determining 77 periods of delay under this section. 78 Section 10. Subsection (7) of section 39.01375, Florida 79 Statutes, is amended to read: 80 39.01375 Best interest determination for placement.—The 81 department, community-based care lead agency, or court shall 82 consider all of the following factors when determining whether a 83 proposed placement under this chapter is in the child’s best 84 interest: 85 (7) The recommendation of the child’s guardian ad litem, if86one has been appointed. 87 Section 11. Paragraphs (a) and (b) of subsection (4) of 88 section 39.0139, Florida Statutes, are amended to read: 89 39.0139 Visitation or other contact; restrictions.— 90 (4) HEARINGS.—A person who meets any of the criteria set 91 forth in paragraph (3)(a) who seeks to begin or resume contact 92 with the child victim shall have the right to an evidentiary 93 hearing to determine whether contact is appropriate. 94 (a) BeforePrior tothe hearing, the court shall appointan95attorney ad litem ora guardian ad litem for the child if one 96 has not already been appointed. The guardian ad litem andAny97 attorney ad litem, if one isor guardian ad litemappointed, 98 mustshallhave special training in the dynamics of child sexual 99 abuse. 100 (b) At the hearing, the court may receive and rely upon any 101 relevant and material evidence submitted to the extent of its 102 probative value, including written and oral reports or 103 recommendations from the Child Protection Team, the child’s 104 therapist, the child’s guardian ad litem, or the child’s 105 attorney ad litem, if one is appointed, even if these reports, 106 recommendations, and evidence may not be admissible under the 107 rules of evidence. 108 Section 12. Paragraphs (d) and (t) of subsection (2) of 109 section 39.202, Florida Statutes, are amended to read: 110 39.202 Confidentiality of reports and records in cases of 111 child abuse or neglect; exception.— 112 (2) Except as provided in subsection (4), access to such 113 records, excluding the name of, or other identifying information 114 with respect to, the reporter which may onlyshallbe released 115onlyas provided in subsection (5), may onlyshallbe granted 116onlyto the following persons, officials, and agencies: 117 (d) The parent or legal custodian of any child who is 118 alleged to have been abused, abandoned, or neglected; the child; 119 the child’s guardian ad litem; the child’s attorney ad litem, if 120 one is appointed; or, and the child, and their attorneys,121includingany attorney representing a child in civil or criminal 122 proceedings. This access mustshallbe made available no later 123 than 60 days after the department receives the initial report of 124 abuse, neglect, or abandonment. However, any information 125 otherwise made confidential or exempt by law mayshallnot be 126 released pursuant to this paragraph. 127 (t) Persons with whom the department is seeking to place 128 the child or to whom placement has been granted, including 129 foster parents for whom an approved home study has been 130 conducted, the designee of a licensed child-caring agency as 131 defined in s. 39.01s. 39.01(41), an approved relative or 132 nonrelative with whom a child is placed pursuant to s. 39.402, 133 preadoptive parents for whom a favorable preliminary adoptive 134 home study has been conducted, adoptive parents, or an adoption 135 entity acting on behalf of preadoptive or adoptive parents. 136 Section 13. Paragraph (c) of subsection (8), paragraphs (b) 137 and (c) of subsection (11), and paragraph (a) of subsection (14) 138 of section 39.402, Florida Statutes, are amended to read: 139 39.402 Placement in a shelter.— 140 (8) 141 (c) At the shelter hearing, the court shall: 142 1. Appoint a guardian ad litem to represent the best 143 interest of the child, unless the court finds that such144representation is unnecessary; 145 2. Inform the parents or legal custodians of their right to 146 counsel to represent them at the shelter hearing and at each 147 subsequent hearing or proceeding, and the right of the parents 148 to appointed counsel, pursuant to the procedures set forth in s. 149 39.013; 150 3. Give the parents or legal custodians an opportunity to 151 be heard and to present evidence; and 152 4. Inquire of those present at the shelter hearing as to 153 the identity and location of the legal father. In determining 154 who the legal father of the child may be, the court shall 155 inquire under oath of those present at the shelter hearing 156 whether they have any of the following information: 157 a. Whether the mother of the child was married at the 158 probable time of conception of the child or at the time of birth 159 of the child. 160 b. Whether the mother was cohabiting with a male at the 161 probable time of conception of the child. 162 c. Whether the mother has received payments or promises of 163 support with respect to the child or because of her pregnancy 164 from a man who claims to be the father. 165 d. Whether the mother has named any man as the father on 166 the birth certificate of the child or in connection with 167 applying for or receiving public assistance. 168 e. Whether any man has acknowledged or claimed paternity of 169 the child in a jurisdiction in which the mother resided at the 170 time of or since conception of the child or in which the child 171 has resided or resides. 172 f. Whether a man is named on the birth certificate of the 173 child pursuant to s. 382.013(2). 174 g. Whether a man has been determined by a court order to be 175 the father of the child. 176 h. Whether a man has been determined to be the father of 177 the child by the Department of Revenue as provided in s. 178 409.256. 179 (11) 180 (b) The court shall request that the parents consent to 181 provide access to the child’s medical records and provide 182 information to the court, the department or its contract 183 agencies, and theanyguardian ad litem or attorney ad litem, if 184 one is appointed, for the child. If a parent is unavailable or 185 unable to consent or withholds consent and the court determines 186 access to the records and information is necessary to provide 187 services to the child, the court shall issue an order granting 188 access. The court may also order the parents to provide all 189 known medical information to the department and to any others 190 granted access under this subsection. 191 (c) The court shall request that the parents consent to 192 provide access to the child’s child care records, early 193 education program records, or other educational records and 194 provide information to the court, the department or its contract 195 agencies, and theanyguardian ad litem or attorney ad litem, if 196 one is appointed, for the child. If a parent is unavailable or 197 unable to consent or withholds consent and the court determines 198 access to the records and information is necessary to provide 199 services to the child, the court shall issue an order granting 200 access. 201 (14) The time limitations in this section do not include: 202 (a) Periods of delay resulting from a continuance granted 203 at the request or with the consent of the child’scounsel or the204child’sguardian ad litem or attorney ad litem, if one ishas205beenappointed by the court, or, if the child is of sufficient206capacity to express reasonable consent, at the request or with207the consent of the child’s attorney or the child’s guardian ad208litem, if one has been appointed by the court, and the child. 209 Section 14. Paragraphs (a) and (b) of subsection (4) of 210 section 39.4022, Florida Statutes, are amended to read: 211 39.4022 Multidisciplinary teams; staffings; assessments; 212 report.— 213 (4) PARTICIPANTS.— 214 (a) Collaboration among diverse individuals who are part of 215 the child’s network is necessary to make the most informed 216 decisions possible for the child. A diverse team is preferable 217 to ensure that the necessary combination of technical skills, 218 cultural knowledge, community resources, and personal 219 relationships is developed and maintained for the child and 220 family. The participants necessary to achieve an appropriately 221 diverse team for a child may vary by child and may include 222 extended family, friends, neighbors, coaches, clergy, coworkers, 223 or others the family identifies as potential sources of support. 224 1. Each multidisciplinary team staffing must invite the 225 following members: 226 a. The child, unless he or she is not of an age or capacity 227 to participate in the team, and the child’s guardian ad litem; 228 b. The child’s family members and other individuals 229 identified by the family as being important to the child, 230 provided that a parent who has a no contact order or injunction, 231 is alleged to have sexually abused the child, or is subject to a 232 termination of parental rights may not participate; 233 c. The current caregiver, provided the caregiver is not a 234 parent who meets the criteria of one of the exceptions under 235 sub-subparagraph b.; 236 d. A representative from the department other than the 237 Children’s Legal Services attorney, when the department is 238 directly involved in the goal identified by the staffing; 239 e. A representative from the community-based care lead 240 agency, when the lead agency is directly involved in the goal 241 identified by the staffing; 242 f. The case manager for the child, or his or her case 243 manager supervisor; and 244 g. A representative from the Department of Juvenile 245 Justice, if the child is dually involved with both the 246 department and the Department of Juvenile Justice. 247 2. The multidisciplinary team must make reasonable efforts 248 to have all mandatory invitees attend. However, the 249 multidisciplinary team staffing may not be delayed if the 250 invitees in subparagraph 1. fail to attend after being provided 251 reasonable opportunities. 252 (b) Based on the particular goal the multidisciplinary team 253 staffing identifies as the purpose of convening the staffing as 254 provided under subsection (5), the department or lead agency may 255 also invite to the meeting other professionals, including, but 256 not limited to: 257 1. A representative from Children’s Medical Services; 258 2.A guardian ad litem, if one is appointed;2593.A school personnel representative who has direct contact 260 with the child; 261 3.4.A therapist or other behavioral health professional, 262 if applicable; 263 4.5.A mental health professional with expertise in sibling 264 bonding, if the department or lead agency deems such expert is 265 necessary; or 266 5.6.Other community providers of services to the child or 267 stakeholders, when applicable. 268 Section 15. Paragraph (d) of subsection (3) and paragraph 269 (c) of subsection (4) of section 39.4023, Florida Statutes, are 270 amended to read: 271 39.4023 Placement and education transitions; transition 272 plans.— 273 (3) PLACEMENT TRANSITIONS.— 274 (d) Transition planning.— 275 1. If the supportive services provided pursuant to 276 paragraph (c) have not been successful to make the maintenance 277 of the placement suitable or if there are other circumstances 278 that require the child to be moved, the department or the 279 community-based care lead agency must convene a 280 multidisciplinary team staffing as required under s. 39.4022 281 before the child’s placement is changed, or within 72 hours of 282 moving the child in an emergency situation, for the purpose of 283 developing an appropriate transition plan. 284 2. A placement change may occur immediately in an emergency 285 situation without convening a multidisciplinary team staffing. 286 However, a multidisciplinary team staffing must be held within 287 72 hours after the emergency situation arises. 288 3. The department or the community-based care lead agency 289 must provide written notice of the planned move at least 14 days 290 before the move or within 72 hours after an emergency situation, 291 to the greatest extent possible and consistent with the child’s 292 needs and preferences. The notice must include the reason a 293 placement change is necessary. A copy of the notice must be 294 filed with the court and be provided to all of the following: 295 a. The child, unless he or she, due to age or capacity, is 296 unable to comprehend the written notice, which will necessitate 297 the department or lead agency to provide notice in an age 298 appropriate and capacity-appropriate alternative manner.;299 b. The child’s parents, unless prohibited by court order.;300 c. The child’s out-of-home caregiver.;301 d. The guardian ad litem., if one is appointed;302 e. The attorney ad litem for the child, if one is 303 appointed.; and304 f. The attorney for the department. 305 4. The transition plan must be developed through 306 cooperation among the persons included in subparagraph 3., and 307 such persons must share any relevant information necessary for 308 its development. Subject to the child’s needs and preferences, 309 the transition plan must meet the requirements of s. 310 409.1415(2)(b)8. and exclude any placement changes that occur 311 between 7 p.m. and 8 a.m. 312 5. The department or the community-based care lead agency 313 shall file the transition plan with the court within 48 hours 314 after the creation of such plan and provide a copy of the plan 315 to the persons included in subparagraph 3. 316 (4) EDUCATION TRANSITIONS.— 317 (c) Minimizing school changes.— 318 1. Every effort must be made to keep a child in the school 319 of origin if it is in the child’s best interest. Any placement 320 decision must include thoughtful consideration of which school a 321 child will attend if a school change is necessary. 322 2. Members of a multidisciplinary team staffing convened 323 for a purpose other than a school change must determine the 324 child’s best interest regarding remaining in the school or 325 program of origin if the child’s educational options are 326 affected by any other decision being made by the 327 multidisciplinary team. 328 3. The determination of whether it is in the child’s best 329 interest to remain in the school of origin, and if not, of which 330 school the child will attend in the future, must be made in 331 consultation with the following individuals, including, but not 332 limited to, the child; the parents; the caregiver; the child 333 welfare professional; the guardian ad litem, if appointed; the 334 educational surrogate, if appointed; child care and educational 335 staff, including teachers and guidance counselors; and the 336 school district representative or foster care liaison. A 337 multidisciplinary team member may contact any of these 338 individuals in advance of a multidisciplinary team staffing to 339 obtain his or her recommendation. An individual may remotely 340 attend the multidisciplinary team staffing if one of the 341 identified goals is related to determining an educational 342 placement. The multidisciplinary team may rely on a report from 343 the child’s current school or program district and, if 344 applicable, any other school district being considered for the 345 educational placement if the required school personnel are not 346 available to attend the multidisciplinary team staffing in 347 person or remotely. 348 4. The multidisciplinary team and the individuals listed in 349 subparagraph 3. must consider, at a minimum, all of the 350 following factors when determining whether remaining in the 351 school or program of origin is in the child’s best interest or, 352 if not, when selecting a new school or program: 353 a. The child’s desire to remain in the school or program of 354 origin. 355 b. The preference of the child’s parents or legal 356 guardians. 357 c. Whether the child has siblings, close friends, or 358 mentors at the school or program of origin. 359 d. The child’s cultural and community connections in the 360 school or program of origin. 361 e. Whether the child is suspected of having a disability 362 under the Individuals with Disabilities Education Act (IDEA) or 363 s. 504 of the Rehabilitation Act of 1973, or has begun receiving 364 interventions under this state’s multitiered system of supports. 365 f. Whether the child has an evaluation pending for special 366 education and related services under IDEA or s. 504 of the 367 Rehabilitation Act of 1973. 368 g. Whether the child is a student with a disability under 369 IDEA who is receiving special education and related services or 370 a student with a disability under s. 504 of the Rehabilitation 371 Act of 1973 who is receiving accommodations and services and, if 372 so, whether those required services are available in a school or 373 program other than the school or program of origin. 374 h. Whether the child is an English Language Learner student 375 and is receiving language services and, if so, whether those 376 required services are available in a school or program other 377 than the school or program of origin. 378 i. The impact a change to the school or program of origin 379 would have on academic credits and progress toward promotion. 380 j. The availability of extracurricular activities important 381 to the child. 382 k. The child’s known individualized educational plan or 383 other medical and behavioral health needs and whether such plan 384 or needs are able to be met at a school or program other than 385 the school or program of origin. 386 l. The child’s permanency goal and timeframe for achieving 387 permanency. 388 m. The child’s history of school transfers and how such 389 transfers have impacted the child academically, emotionally, and 390 behaviorally. 391 n. The length of the commute to the school or program from 392 the child’s home or placement and how such commute would impact 393 the child. 394 o. The length of time the child has attended the school or 395 program of origin. 396 5. The cost of transportation cannot be a factor in making 397 a best interest determination. 398 Section 16. Paragraph (f) of subsection (3) of section 399 39.407, Florida Statutes, is amended to read: 400 39.407 Medical, psychiatric, and psychological examination 401 and treatment of child; physical, mental, or substance abuse 402 examination of person with or requesting child custody.— 403 (3) 404 (f)1. The department shall fully inform the court of the 405 child’s medical and behavioral status as part of the social 406 services report prepared for each judicial review hearing held 407 for a child for whom psychotropic medication has been prescribed 408 or provided under this subsection. As a part of the information 409 provided to the court, the department shall furnish copies of 410 all pertinent medical records concerning the child which have 411 been generated since the previous hearing. On its own motion or 412 on good cause shown by any party, including theanyguardian ad 413 litem, attorney,or attorney ad litem, if one iswho has been414 appointedto represent the child or the child’s interests, the 415 court may review the status more frequently than required in 416 this subsection. 417 2. The court may, in the best interests of the child, order 418 the department to obtain a medical opinion addressing whether 419 the continued use of the medication under the circumstances is 420 safe and medically appropriate. 421 Section 17. Paragraphs (m), (t), and (u) of subsection (1) 422 of section 39.4085, Florida Statutes, are amended to read: 423 39.4085 Goals for dependent children; responsibilities; 424 education; Office of the Children’s Ombudsman.— 425 (1) The Legislature finds that the design and delivery of 426 child welfare services should be directed by the principle that 427 the health and safety of children, including the freedom from 428 abuse, abandonment, or neglect, is of paramount concern and, 429 therefore, establishes the following goals for children in 430 shelter or foster care: 431 (m) To receive meaningful case management and planning that 432 will quickly return the child to his or her family or move the 433 child on to other forms of permanency. For a child who is 434 transitioning from foster care to independent living, permanency 435 includes establishing naturally occurring, lifelong, kin-like 436 connections between the child and a supportive adult. 437 (t) To have a guardian ad litem appointedto represent,438within reason, their best interestsand, if appropriate, an 439 attorney ad litemappointed to represent their legal interests; 440 the guardian ad litem orandattorney ad litem, if one is 441 appointed,shallhave immediate and unlimited access to the 442 children they represent. 443 (u) To have all their records available for review by their 444 guardian ad litem orandattorney ad litem, if one is appointed, 445 if they deem such review necessary. 446 447 This subsection establishes goals and not rights. This 448 subsection does not require the delivery of any particular 449 service or level of service in excess of existing 450 appropriations. A person does not have a cause of action against 451 the state or any of its subdivisions, agencies, contractors, 452 subcontractors, or agents, based upon the adoption of or failure 453 to provide adequate funding for the achievement of these goals 454 by the Legislature. This subsection does not require the 455 expenditure of funds to meet the goals established in this 456 subsection except those funds specifically appropriated for such 457 purpose. 458 Section 18. Subsection (8) of section 39.502, Florida 459 Statutes, is amended to read: 460 39.502 Notice, process, and service.— 461 (8) It is not necessary to the validity of a proceeding 462 covered by this part that the parents be present if their 463 identity or residence is unknown after a diligent search has 464 been made; however,but in this eventthe petitioner mustshall465 file an affidavit of diligent search prepared by the person who 466 made the search and inquiry, and the court mustmayappoint a 467 guardian ad litem for the child if a guardian ad litem has not 468 previously been appointed. 469 Section 19. Paragraph (c) of subsection (3) of section 470 39.522, Florida Statutes, is amended to read: 471 39.522 Postdisposition change of custody.— 472 (3) 473 (c)1. The department or community-based care lead agency 474 must notify a current caregiver who has been in the physical 475 custody placement for at least 9 consecutive months and who 476 meets all the established criteria in paragraph (b) of an intent 477 to change the physical custody of the child, and a 478 multidisciplinary team staffing must be held in accordance with 479 ss. 39.4022 and 39.4023 at least 21 days before the intended 480 date for the child’s change in physical custody, unless there is 481 an emergency situation as defined in s. 39.4022(2)(b). If there 482 is not a unanimous consensus decision reached by the 483 multidisciplinary team, the department’s official position must 484 be provided to the parties within the designated time period as 485 provided for in s. 39.4022. 486 2. A caregiver who objects to the department’s official 487 position on the change in physical custody must notify the court 488 and the department or community-based care lead agency of his or 489 her objection and the intent to request an evidentiary hearing 490 in writing in accordance with this section within 5 days after 491 receiving notice of the department’s official position provided 492 under subparagraph 1. The transition of the child to the new 493 caregiver may not begin before the expiration of the 5-day 494 period within which the current caregiver may object. 495 3. Upon the department or community-based care lead agency 496 receiving written notice of the caregiver’s objection, the 497 change to the child’s physical custody must be placed in 498 abeyance and the child may not be transitioned to a new physical 499 placement without a court order, unless there is an emergency 500 situation as defined in s. 39.4022(2)(b). 501 4. Within 7 days after receiving written notice from the 502 caregiver, the court must conduct an initial case status 503 hearing, at which time the court must do all of the following: 504 a. Grant party status to the current caregiver who is 505 seeking permanent custody and has maintained physical custody of 506 that child for at least 9 continuous months for the limited 507 purpose of filing a motion for a hearing on the objection and 508 presenting evidence pursuant to this subsection.;509b. Appoint an attorney for the child who is the subject of510the permanent custody proceeding, in addition to the guardian ad511litem, if one is appointed;512 b.c.Advise the caregiver of his or her right to retain 513 counsel for purposes of the evidentiary hearing.; and514 c.d.Appoint a court-selected neutral and independent 515 licensed professional with expertise in the science and research 516 of child-parent bonding. 517 Section 20. Paragraph (c) of subsection (1) and paragraph 518 (c) of subsection (3) of section 39.6012, Florida Statutes, are 519 amended to read: 520 39.6012 Case plan tasks; services.— 521 (1) The services to be provided to the parent and the tasks 522 that must be completed are subject to the following: 523 (c) If there is evidence of harm as defined in s. 524 39.01(37)(g)s. 39.01(34)(g), the case plan must include as a 525 required task for the parent whose actions caused the harm that 526 the parent submit to a substance abuse disorder assessment or 527 evaluation and participate and comply with treatment and 528 services identified in the assessment or evaluation as being 529 necessary. 530 (3) In addition to any other requirement, if the child is 531 in an out-of-home placement, the case plan must include: 532 (c) When appropriate, for a child who is 13 years of age or 533 older, a written description of the programs and services that 534 will help the child prepare for the transition from foster care 535 to independent living. The written description must include age 536 appropriate activities for the child’s development of 537 relationships, coping skills, and emotional well-being. 538 Section 21. Section 39.6036, Florida Statutes, is created 539 to read: 540 39.6036 Supportive adults for children transitioning out of 541 foster care.— 542 (1) The Legislature finds that a committed, caring adult 543 provides a lifeline for a child transitioning out of foster care 544 to live independently. Accordingly, it is the intent of the 545 Legislature that the Statewide Guardian ad Litem Office help 546 children connect with supportive adults with the hope of 547 creating an ongoing relationship that lasts into adulthood. 548 (2) The Statewide Guardian ad Litem Office shall work with 549 a child who is transitioning out of foster care to identify at 550 least one supportive adult with whom the child can enter into a 551 formal agreement for an ongoing relationship and document such 552 agreement in the child’s court file. If the child cannot 553 identify a supportive adult, the Statewide Guardian ad Litem 554 Office shall work in coordination with the Office of Continuing 555 Care to identify at least one supportive adult with whom the 556 child can enter into a formal agreement for an ongoing 557 relationship and document such agreement in the child’s court 558 file. 559 Section 22. Paragraph (c) of subsection (10) of section 560 39.621, Florida Statutes, is amended to read: 561 39.621 Permanency determination by the court.— 562 (10) The permanency placement is intended to continue until 563 the child reaches the age of majority and may not be disturbed 564 absent a finding by the court that the circumstances of the 565 permanency placement are no longer in the best interest of the 566 child. 567 (c) The court shall base its decision concerning any motion 568 by a parent for reunification or increased contact with a child 569 on the effect of the decision on the safety, well-being, and 570 physical and emotional health of the child. Factors that must be 571 considered and addressed in the findings of fact of the order on 572 the motion must include: 573 1. The compliance or noncompliance of the parent with the 574 case plan; 575 2. The circumstances which caused the child’s dependency 576 and whether those circumstances have been resolved; 577 3. The stability and longevity of the child’s placement; 578 4. The preferences of the child, if the child is of 579 sufficient age and understanding to express a preference; 580 5. The recommendation of the current custodian; and 581 6. AnyTherecommendation of the guardian ad litem, if one582has been appointed. 583 Section 23. Subsection (2) of section 39.6241, Florida 584 Statutes, is amended to read: 585 39.6241 Another planned permanent living arrangement.— 586 (2) The department and the guardian ad litem must provide 587 the court with a recommended list and description of services 588 needed by the child, such as independent living services and 589 medical, dental, educational, or psychological referrals, and a 590 recommended list and description of services needed by his or 591 her caregiver. The guardian ad litem must also advise the court 592 whether the child has been connected with a supportive adult 593 and, if the child has been connected with a supportive adult, 594 whether the child has entered into a formal agreement with the 595 adult. If the child has entered into a formal agreement pursuant 596 to s. 39.6036, the guardian ad litem must ensure that the 597 agreement is documented in the child’s court file. 598 Section 24. Paragraphs (b) and (f) of subsection (1), 599 paragraph (c) of subsection (2), subsection (3), and paragraph 600 (e) of subsection (4) of section 39.701, Florida Statutes, are 601 amended to read: 602 39.701 Judicial review.— 603 (1) GENERAL PROVISIONS.— 604 (b)1. The court shall retain jurisdiction over a child 605 returned to his or her parents for a minimum period of 6 months 606 afterfollowingthe reunification, but, at that time, based on a 607 report of the social service agency and the guardian ad litem,608if one has been appointed,and any other relevant factors, the 609 court shall make a determination as to whether supervision by 610 the department and the court’s jurisdiction shall continue or be 611 terminated. 612 2. Notwithstanding subparagraph 1., the court must retain 613 jurisdiction over a child if the child is placed in the home 614 with a parent or caregiver with an in-home safety plan and such 615 safety plan remains necessary for the child to reside safely in 616 the home. 617 (f) Notice of a judicial review hearing or a citizen review 618 panel hearing, and a copy of the motion for judicial review, if 619 any, must be served by the clerk of the court upon all of the 620 following persons, if available to be served, regardless of 621 whether the person was present at the previous hearing at which 622 the date, time, and location of the hearing was announced: 623 1. The social service agency charged with the supervision 624 of care, custody, or guardianship of the child, if that agency 625 is not the movant. 626 2. The foster parent or legal custodian in whose home the 627 child resides. 628 3. The parents. 629 4. The guardian ad litem for the child, or the630representative of the guardian ad litem program if the program631has been appointed. 632 5. The attorney ad litem for the child, if one is 633 appointed. 634 6. The child, if the child is 13 years of age or older. 635 7. Any preadoptive parent. 636 8. Such other persons as the court may direct. 637 (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 638 AGE.— 639 (c) Review determinations.—The court and any citizen review 640 panel shall take into consideration the information contained in 641 the social services study and investigation and all medical, 642 psychological, and educational records that support the terms of 643 the case plan; testimony by the social services agency, the 644 parent, the foster parent or caregiver, the guardian ad litem, 645 theorsurrogate parent for educational decisionmaking if one 646 has been appointed for the child, and any other person deemed 647 appropriate; and any relevant and material evidence submitted to 648 the court, including written and oral reports to the extent of 649 their probative value. These reports and evidence may be 650 received by the court in its effort to determine the action to 651 be taken with regard to the child and may be relied upon to the 652 extent of their probative value, even though not competent in an 653 adjudicatory hearing. In its deliberations, the court and any 654 citizen review panel shall seek to determine: 655 1. If the parent was advised of the right to receive 656 assistance from any person or social service agency in the 657 preparation of the case plan. 658 2. If the parent has been advised of the right to have 659 counsel present at the judicial review or citizen review 660 hearings. If not so advised, the court or citizen review panel 661 shall advise the parent of such right. 662 3. If a guardian ad litem needs to be appointed for the 663 child in a case in which a guardian ad litem has not previously 664 been appointedor if there is a need to continue a guardian ad665litem in a case in which a guardian ad litem has been appointed. 666 4. Who holds the rights to make educational decisions for 667 the child. If appropriate, the court may refer the child to the 668 district school superintendent for appointment of a surrogate 669 parent or may itself appoint a surrogate parent under the 670 Individuals with Disabilities Education Act and s. 39.0016. 671 5. The compliance or lack of compliance of all parties with 672 applicable items of the case plan, including the parents’ 673 compliance with child support orders. 674 6. The compliance or lack of compliance with a visitation 675 contract between the parent and the social service agency for 676 contact with the child, including the frequency, duration, and 677 results of the parent-child visitation and the reason for any 678 noncompliance. 679 7. The frequency, kind, and duration of contacts among 680 siblings who have been separated during placement, as well as 681 any efforts undertaken to reunite separated siblings if doing so 682 is in the best interests of the child. 683 8. The compliance or lack of compliance of the parent in 684 meeting specified financial obligations pertaining to the care 685 of the child, including the reason for failure to comply, if 686 applicable. 687 9. Whether the child is receiving safe and proper care 688 according to s. 39.6012, including, but not limited to, the 689 appropriateness of the child’s current placement, including 690 whether the child is in a setting that is as family-like and as 691 close to the parent’s home as possible, consistent with the 692 child’s best interests and special needs, and including 693 maintaining stability in the child’s educational placement, as 694 documented by assurances from the community-based care lead 695 agency that: 696 a. The placement of the child takes into account the 697 appropriateness of the current educational setting and the 698 proximity to the school in which the child is enrolled at the 699 time of placement. 700 b. The community-based care lead agency has coordinated 701 with appropriate local educational agencies to ensure that the 702 child remains in the school in which the child is enrolled at 703 the time of placement. 704 10. A projected date likely for the child’s return home or 705 other permanent placement. 706 11. When appropriate, the basis for the unwillingness or 707 inability of the parent to become a party to a case plan. The 708 court and the citizen review panel shall determine if the 709 efforts of the social service agency to secure party 710 participation in a case plan were sufficient. 711 12. For a child who has reached 13 years of age but is not 712 yet 18 years of age, the adequacy of the child’s preparation for 713 adulthood and independent living. For a child who is 15 years of 714 age or older, the court shall determine if appropriate steps are 715 being taken for the child to obtain a driver license or 716 learner’s driver license. 717 13. If amendments to the case plan are required. Amendments 718 to the case plan must be made under s. 39.6013. 719 14. If the parents and caregivers have developed a 720 productive relationship that includes meaningful communication 721 and mutual support. 722 (3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE.—At 723 each review hearing held under this subsection, the court shall 724 give the child and the guardian ad litem the opportunity to 725 address the court and provide any information relevant to the 726 child’s best interest, particularly in relation to independent 727 living transition services. The foster parent or,legal 728 custodian, or guardian ad litemmay also provide any information 729 relevant to the child’s best interest to the court. In addition 730 to the review and report required under paragraphs (1)(a) and 731 (2)(a), respectively, and the review and report required under 732 s. 39.822(2)(a)2., the court shall: 733 (a) Inquire about the life skills the child has acquired 734 and whether those services are age appropriate, at the first 735 judicial review hearing held subsequent to the child’s 16th 736 birthday. At the judicial review hearing, the department shall 737 provide the court with a report that includes specific 738 information related to the life skills that the child has 739 acquired since the child’s 13th birthday or since the date the 740 child came into foster care, whichever came later. For any child 741 who may meet the requirements for appointment of a guardian 742 advocate under s. 393.12 or a guardian under chapter 744, the 743 updated case plan must be developed in a face-to-face conference 744 with the child, if appropriate; the child’s attorney ad litem, 745 if one is appointed; the child’s; any court-appointedguardian 746 ad litem; the temporary custodian of the child; and the parent 747 of the child, if the parent’s rights have not been terminated. 748 (b) The court shall hold a judicial review hearing within 749 90 days after a child’s 17th birthday. The court shall issue an 750 order, separate from the order on judicial review, that the 751 disability of nonage of the child has been removed under ss. 752 743.044-743.047 for any disability that the court finds is in 753 the child’s best interest to remove. The department shall 754 include in the social study report for the first judicial review 755 that occurs after the child’s 17th birthday written verification 756 that the child has: 757 1. A current Medicaid card and all necessary information 758 concerning the Medicaid program sufficient to prepare the child 759 to apply for coverage upon reaching the age of 18, if such 760 application is appropriate. 761 2. A certified copy of the child’s birth certificate and, 762 if the child does not have a valid driver license, a Florida 763 identification card issued under s. 322.051. 764 3. A social security card and information relating to 765 social security insurance benefits if the child is eligible for 766 those benefits. If the child has received such benefits and they 767 are being held in trust for the child, a full accounting of 768 these funds must be provided and the child must be informed as 769 to how to access those funds. 770 4. All relevant information related to the Road-to 771 Independence Program under s. 409.1451, including, but not 772 limited to, eligibility requirements, information on 773 participation, and assistance in gaining admission to the 774 program. If the child is eligible for the Road-to-Independence 775 Program, he or she must be advised that he or she may continue 776 to reside with the licensed family home or group care provider 777 with whom the child was residing at the time the child attained 778 his or her 18th birthday, in another licensed family home, or 779 with a group care provider arranged by the department. 780 5. An open bank account or the identification necessary to 781 open a bank account and to acquire essential banking and 782 budgeting skills. 783 6. Information on public assistance and how to apply for 784 public assistance. 785 7. A clear understanding of where he or she will be living 786 on his or her 18th birthday, how living expenses will be paid, 787 and the educational program or school in which he or she will be 788 enrolled. 789 8. Information related to the ability of the child to 790 remain in care until he or she reaches 21 years of age under s. 791 39.013. 792 9. A letter providing the dates that the child is under the 793 jurisdiction of the court. 794 10. A letter stating that the child is in compliance with 795 financial aid documentation requirements. 796 11. The child’s educational records. 797 12. The child’s entire health and mental health records. 798 13. The process for accessing the child’s case file. 799 14. A statement encouraging the child to attend all 800 judicial review hearings. 801 15. Information on how to obtain a driver license or 802 learner’s driver license. 803 (c) At the first judicial review hearing held subsequent to 804 the child’s 17th birthday, if the court determines pursuant to 805 chapter 744 that there is a good faith basis to believe that the 806 child qualifies for appointment of a guardian advocate, limited 807 guardian, or plenary guardian for the child and that no less 808 restrictive decisionmaking assistance will meet the child’s 809 needs: 810 1. The department shall complete a multidisciplinary report 811 which must include, but is not limited to, a psychosocial 812 evaluation and educational report if such a report has not been 813 completed within the previous 2 years. 814 2. The department shall identify one or more individuals 815 who are willing to serve as the guardian advocate under s. 816 393.12 or as the plenary or limited guardian under chapter 744. 817 Any other interested parties or participants may make efforts to 818 identify such a guardian advocate, limited guardian, or plenary 819 guardian. The child’s biological or adoptive family members, 820 including the child’s parents if the parents’ rights have not 821 been terminated, may not be considered for service as the 822 plenary or limited guardian unless the court enters a written 823 order finding that such an appointment is in the child’s best 824 interests. 825 3. Proceedings may be initiated within 180 days after the 826 child’s 17th birthday for the appointment of a guardian 827 advocate, plenary guardian, or limited guardian for the child in 828 a separate proceeding in the court division with jurisdiction 829 over guardianship matters and pursuant to chapter 744. The 830 Legislature encourages the use of pro bono representation to 831 initiate proceedings under this section. 832 4. In the event another interested party or participant 833 initiates proceedings for the appointment of a guardian 834 advocate, plenary guardian, or limited guardian for the child, 835 the department shall provide all necessary documentation and 836 information to the petitioner to complete a petition under s. 837 393.12 or chapter 744 within 45 days after the first judicial 838 review hearing after the child’s 17th birthday. 839 5. Any proceedings seeking appointment of a guardian 840 advocate or a determination of incapacity and the appointment of 841 a guardian must be conducted in a separate proceeding in the 842 court division with jurisdiction over guardianship matters and 843 pursuant to chapter 744. 844 (d) If the court finds at the judicial review hearing after 845 the child’s 17th birthday that the department has not met its 846 obligations to the child as stated in this part, in the written 847 case plan, or in the provision of independent living services, 848 the court may issue an order directing the department to show 849 cause as to why it has not done so. If the department cannot 850 justify its noncompliance, the court may give the department 30 851 days within which to comply. If the department fails to comply 852 within 30 days, the court may hold the department in contempt. 853 (e) If necessary, the court may review the status of the 854 child more frequently during the year before the child’s 18th 855 birthday. At the last review hearing before the child reaches 18 856 years of age, and in addition to the requirements of subsection 857 (2), the court shall: 858 1. Address whether the child plans to remain in foster 859 care, and, if so, ensure that the child’s transition plan 860 includes a plan for meeting one or more of the criteria 861 specified in s. 39.6251 and determine if the child has entered 862 into a formal agreement for an ongoing relationship with a 863 supportive adult. 864 2. Ensure that the transition plan includes a supervised 865 living arrangement under s. 39.6251. 866 3. Ensure the child has been informed of: 867 a. The right to continued support and services from the 868 department and the community-based care lead agency. 869 b. The right to request termination of dependency 870 jurisdiction and be discharged from foster care. 871 c. The opportunity to reenter foster care under s. 39.6251. 872 4. Ensure that the child, if he or she requests termination 873 of dependency jurisdiction and discharge from foster care, has 874 been informed of: 875 a. Services or benefits for which the child may be eligible 876 based on his or her former placement in foster care, including, 877 but not limited to, the assistance of the Office of Continuing 878 Care under s. 414.56. 879 b. Services or benefits that may be lost through 880 termination of dependency jurisdiction. 881 c. Other federal, state, local, or community-based services 882 or supports available to him or her. 883 (4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE.—During 884 each period of time that a young adult remains in foster care, 885 the court shall review the status of the young adult at least 886 every 6 months and must hold a permanency review hearing at 887 least annually. 888 (e)1. Notwithstanding the provisions of this subsection, if 889 a young adult has chosen to remain in extended foster care after 890 he or she has reached 18 years of age, the department may not 891 close a case and the court may not terminate jurisdiction until 892 the court finds, following a hearing, that the following 893 criteria have been met: 894 a.1.Attendance of the young adult at the hearing; or 895 b.2.Findings by the court that: 896 (I)a.The young adult has been informed by the department 897 of his or her right to attend the hearing and has provided 898 written consent to waive this right; and 899 (II)b.The young adult has been informed of the potential 900 negative effects of early termination of care, the option to 901 reenter care before reaching 21 years of age, the procedure for, 902 and limitations on, reentering care, and the availability of 903 alternative services, and has signed a document attesting that 904 he or she has been so informed and understands these provisions; 905 or 906 (III)c.The young adult has voluntarily left the program, 907 has not signed the document in sub-subparagraph b., and is 908 unwilling to participate in any further court proceeding. 909 2.3.In all permanency hearings or hearings regarding the 910 transition of the young adult from care to independent living, 911 the court shall consult with the young adult regarding the 912 proposed permanency plan, case plan, and individual education 913 plan for the young adult and ensure that he or she has 914 understood the conversation. The court shall also inquire of the 915 young adult regarding his or her relationship with the 916 supportive adult with whom the young adult has entered into a 917 formal agreement for an ongoing relationship, if such agreement 918 exists. 919 Section 25. Paragraph (a) of subsection (3) of section 920 39.801, Florida Statutes, is amended to read: 921 39.801 Procedures and jurisdiction; notice; service of 922 process.— 923 (3) Before the court may terminate parental rights, in 924 addition to the other requirements set forth in this part, the 925 following requirements must be met: 926 (a) Notice of the date, time, and place of the advisory 927 hearing for the petition to terminate parental rights; if 928 applicable, instructions for appearance through audio-video 929 communication technology; and a copy of the petition must be 930 personally served upon the following persons, specifically 931 notifying them that a petition has been filed: 932 1. The parents of the child. 933 2. The legal custodians of the child. 934 3. If the parents who would be entitled to notice are dead 935 or unknown, a living relative of the child, unless upon diligent 936 search and inquiry no such relative can be found. 937 4. Any person who has physical custody of the child. 938 5. Any grandparent entitled to priority for adoption under 939 s. 63.0425. 940 6. Any prospective parent who has been identified under s. 941 39.503 or s. 39.803, unless a court order has been entered 942 pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 943 indicates no further notice is required. Except as otherwise 944 provided in this section, if there is not a legal father, notice 945 of the petition for termination of parental rights must be 946 provided to any known prospective father who is identified under 947 oath before the court or who is identified by a diligent search 948 of the Florida Putative Father Registry. Service of the notice 949 of the petition for termination of parental rights is not 950 required if the prospective father executes an affidavit of 951 nonpaternity or a consent to termination of his parental rights 952 which is accepted by the court after notice and opportunity to 953 be heard by all parties to address the best interests of the 954 child in accepting such affidavit. 955 7. The guardian ad litem for the childor the956representative of the guardian ad litem program, if the program957has been appointed. 958 959 A party may consent to service or notice by e-mail by providing 960 a primary e-mail address to the clerk of the court. The document 961 containing the notice to respond or appear must contain, in type 962 at least as large as the type in the balance of the document, 963 the following or substantially similar language: “FAILURE TO 964 APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT TO THE 965 TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN). IF 966 YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE 967 ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN 968 THE PETITION ATTACHED TO THIS NOTICE.” 969 Section 26. Subsection (2) of section 39.807, Florida 970 Statutes, is amended to read: 971 39.807 Right to counsel; guardian ad litem.— 972 (2)(a) The court shall appoint a guardian ad litem to 973 represent thebest interest of thechild in any termination of 974 parental rights proceedings and shall ascertain at each stage of 975 the proceedings whether a guardian ad litem has been appointed. 976 (b) The guardian ad litem has thefollowing977 responsibilities and authority specified in s. 39.822.:9781. To investigate the allegations of the petition and any979subsequent matters arising in the case and,980 (c) Unless excused by the court, the guardian ad litem must 981tofile a written report. This report must include a statement 982 of the wishes of the child and the recommendations of the 983 guardian ad litem and must be provided to all parties and the 984 court at least 72 hours before the disposition hearing. 9852. To be present at all court hearings unless excused by986the court.9873. To represent the best interests of the child until the988jurisdiction of the court over the child terminates or until989excused by the court.990(c) A guardian ad litem is not required to post bond but991shall file an acceptance of the office.992(d) A guardian ad litem is entitled to receive service of993pleadings and papers as provided by the Florida Rules of994Juvenile Procedure.995 (d)(e)This subsection does not apply to any voluntary 996 relinquishment of parental rights proceeding. 997 Section 27. Subsection (2) of section 39.808, Florida 998 Statutes, is amended to read: 999 39.808 Advisory hearing; pretrial status conference.— 1000 (2) At the hearing the court shall inform the parties of 1001 their rights under s. 39.807,shallappoint counsel for the 1002 parties in accordance with legal requirements, andshallappoint 1003 a guardian ad litem to represent theinterests of thechild if 1004 one has not already been appointed. 1005 Section 28. Subsection (2) of section 39.815, Florida 1006 Statutes, is amended to read: 1007 39.815 Appeal.— 1008 (2) An attorney for the department shall represent the 1009 state upon appeal. When a notice of appeal is filed in the 1010 circuit court, the clerk shall notify the attorney for the 1011 department,together withthe attorney for the parent, the 1012 guardian ad litem, and theanyattorney ad litem for the child, 1013 if one is appointed. 1014 Section 29. Section 39.820, Florida Statutes, is repealed. 1015 Section 30. Subsections (1) and (3) of section 39.821, 1016 Florida Statutes, are amended to read: 1017 39.821 Qualifications of guardians ad litem.— 1018 (1) Because of the special trust or responsibility placed 1019 in a guardian ad litem, the Statewide Guardian ad Litem Office 1020Programmay use any private funds collected by the office 1021program, or any state funds so designated, to conduct a security 1022 background investigation before certifying a volunteer to serve. 1023 A security background investigation must include, but need not 1024 be limited to, employment history checks, checks of references, 1025 local criminal history records checks through local law 1026 enforcement agencies, and statewide criminal history records 1027 checks through the Department of Law Enforcement. Upon request, 1028 an employer shall furnish a copy of the personnel record for the 1029 employee or former employee who is the subject of a security 1030 background investigation conducted under this section. The 1031 information contained in the personnel record may include, but 1032 need not be limited to, disciplinary matters and the reason why 1033 the employee was terminated from employment. An employer who 1034 releases a personnel record for purposes of a security 1035 background investigation is presumed to have acted in good faith 1036 and is not liable for information contained in the record 1037 without a showing that the employer maliciously falsified the 1038 record. A security background investigation conducted under this 1039 section must ensure that a person is not certified as a guardian 1040 ad litem if the person has an arrest awaiting final disposition 1041 for, been convicted of, regardless of adjudication, entered a 1042 plea of nolo contendere or guilty to, or been adjudicated 1043 delinquent and the record has not been sealed or expunged for, 1044 any offense prohibited under the provisions listed in s. 435.04. 1045 All applicants must undergo a level 2 background screening 1046 pursuant to chapter 435 before being certified to serve as a 1047 guardian ad litem. In analyzing and evaluating the information 1048 obtained in the security background investigation, the office 1049programmust give particular emphasis to past activities 1050 involving children, including, but not limited to, child-related 1051 criminal offenses or child abuse. The officeprogramhas sole 1052 discretion in determining whether to certify a person based on 1053 his or her security background investigation. The information 1054 collected pursuant to the security background investigation is 1055 confidential and exempt from s. 119.07(1). 1056 (3) It is a misdemeanor of the first degree, punishable as 1057 provided in s. 775.082 or s. 775.083, for any person to 1058 willfully, knowingly, or intentionally fail, by false statement, 1059 misrepresentation, impersonation, or other fraudulent means, to 1060 disclose in any application for a volunteer position or for paid 1061 employment with the Statewide Guardian ad Litem OfficeProgram, 1062 any material fact used in making a determination as to the 1063 applicant’s qualifications for such position. 1064 Section 31. Section 39.822, Florida Statutes, is amended to 1065 read: 1066 39.822 Appointment of guardian ad litem for abused, 1067 abandoned, or neglected child.— 1068 (1) A guardian ad litem shall be appointed by the court at 1069 the earliest possible time to represent the child in any child 1070 abuse, abandonment, or neglect judicial proceeding, whether 1071 civil or criminal. A guardian ad litem is a fiduciary and must 1072 provide independent representation of the child using a best 1073 interest standard of decisionmaking and advocacy. 1074 (2)(a) A guardian ad litem must: 1075 1. Be present at all court hearings unless excused by the 1076 court. 1077 2. Investigate issues related to the best interest of the 1078 child who is the subject of the appointment, review all 1079 disposition recommendations and changes in placement, and, 1080 unless excused by the court, file written reports and 1081 recommendations in accordance with general law. 1082 3. Represent the child until the court’s jurisdiction over 1083 the child terminates or until excused by the court. 1084 4. Advocate for the child’s participation in the 1085 proceedings and to report the child’s preferences to the court, 1086 to the extent the child has the ability and desire to express 1087 his or her preferences. 1088 5. Perform other duties that are consistent with the scope 1089 of the appointment. 1090 (b) A guardian ad litem shall have immediate and unlimited 1091 access to the children he or she represents. 1092 (c) A guardian ad litem is not required to post bond but 1093 must file an acceptance of the appointment. 1094 (d) A guardian ad litem is entitled to receive service of 1095 pleadings and papers as provided by the Florida Rules of 1096 Juvenile Procedure. 1097 (3) Any person participating in a civil or criminal 1098 judicial proceeding resulting from such appointment shall be 1099 presumed prima facie to be acting in good faith and in so doing 1100 shall be immune from any liability, civil or criminal, that 1101 otherwise might be incurred or imposed. 1102 (4)(2)In those cases in which the parents are financially 1103 able, the parent or parents of the child shall reimburse the 1104 court, in part or in whole, for the cost of provision of 1105 guardian ad litem representationservices. Reimbursement to the 1106 individual providing guardian ad litem representation is not 1107services shall not becontingent upon successful collection by 1108 the court from the parent or parents. 1109 (5)(3)Upon presentation by a guardian ad litem of a court 1110 order appointing the guardian ad litem: 1111 (a) An agency, as defined in chapter 119, shall allow the 1112 guardian ad litem to inspect and copy records related to the 1113 best interests of the child who is the subject of the 1114 appointment, including, but not limited to, records made 1115 confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of 1116 the State Constitution. The guardian ad litem shall maintain the 1117 confidential or exempt status of any records shared by an agency 1118 under this paragraph. 1119 (b) A person or an organization, other than an agency under 1120 paragraph (a), shall allow the guardian ad litem to inspect and 1121 copy any records related to the best interests of the child who 1122 is the subject of the appointment, including, but not limited 1123 to, confidential records. 1124 1125 For the purposes of this subsection, the term “records related 1126 to the best interests of the child” includes, but is not limited 1127 to, medical, mental health, substance abuse, child care, 1128 education, law enforcement, court, social services, and 1129 financial records. 1130(4) The guardian ad litem or the program representative1131shall review all disposition recommendations and changes in1132placements, and must be present at all critical stages of the1133dependency proceeding or submit a written report of1134recommendations to the court. Written reports must be filed with1135the court and served on all parties whose whereabouts are known1136at least 72 hours prior to the hearing.1137 Section 32. Subsection (4) of section 39.827, Florida 1138 Statutes, is amended to read: 1139 39.827 Hearing for appointment of a guardian advocate.— 1140 (4) The hearing under this section mustshallremain 1141 confidential and closed to the public. The clerk shall keep all 1142 court records required by this part separate from other records 1143 of the circuit court. All court records required by this part 1144 areshall beconfidential and exempt fromthe provisions ofs. 1145 119.07(1).AllRecords may onlyshallbe inspectedonlyupon 1146 order of the court by persons deemed by the court to have a 1147 proper interest therein, except that a child and the parents or 1148 custodians of the child and their attorneys, the guardian ad 1149 litem,andthe department and its designees, and the attorney ad 1150 litem, if one is appointed,shallalways have the right to 1151 inspect and copy any official record pertaining to the child. 1152 The court may permit authorized representatives of recognized 1153 organizations compiling statistics for proper purposes to 1154 inspect and make abstracts from official records, under whatever 1155 conditions upon their use and disposition the court may deem 1156 proper, and may punish by contempt proceedings any violation of 1157 those conditions. All information obtained pursuant to this part 1158 in the discharge of official duty by any judge, employee of the 1159 court, or authorized agent of the department isshall be1160 confidential and exempt fromthe provisions ofs. 119.07(1) and 1161 mayshallnot be disclosed to anyone other than the authorized 1162 personnel of the court or the department and its designees, 1163 except upon order of the court. 1164 Section 33. Paragraphs (a), (b), and (d) of subsection (1) 1165 and subsection (2) of section 39.8296, Florida Statutes, are 1166 amended to read: 1167 39.8296 Statewide Guardian ad Litem Office; legislative 1168 findings and intent; creation; appointment of executive 1169 director; duties of office.— 1170 (1) LEGISLATIVE FINDINGS AND INTENT.— 1171 (a) The Legislature finds that for the past 20 years, the 1172 Statewide Guardian Ad Litem OfficeProgramhas been the only 1173 mechanism for best interest representation for children in 1174 Florida who are involved in dependency proceedings. 1175 (b) The Legislature also finds that while the Statewide 1176 Guardian Ad Litem OfficeProgramhas been supervised by court 1177 administration within the circuit courts since the office’s 1178program’sinception, there is a perceived conflict of interest 1179 created by the supervision of program staff by the judges before 1180 whom they appear. 1181 (d) It is therefore the intent of the Legislature to place 1182 the Statewide Guardian Ad Litem OfficeProgramin an appropriate 1183 place and provide a statewide infrastructure to increase 1184 functioning and standardization among the local officesprograms1185 currently operating in the 20 judicial circuits. 1186 (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a 1187 Statewide Guardian ad Litem Office within the Justice 1188 Administrative Commission. The Justice Administrative Commission 1189 shall provide administrative support and service to the office 1190 to the extent requested by the executive director within the 1191 available resources of the commission. The Statewide Guardian ad 1192 Litem Office is not subject to control, supervision, or 1193 direction by the Justice Administrative Commission in the 1194 performance of its duties, but the employees of the office are 1195 governed by the classification plan and salary and benefits plan 1196 approved by the Justice Administrative Commission. 1197 (a) The head of the Statewide Guardian ad Litem Office is 1198 the executive director, who shall be appointed by the Governor 1199 from a list of a minimum of three eligible applicants submitted 1200 by a Guardian ad Litem Qualifications Committee. The Guardian ad 1201 Litem Qualifications Committee shall be composed of five 1202 persons, two persons appointed by the Governor, two persons 1203 appointed by the Chief Justice of the Supreme Court, and one 1204 person appointed by the Statewide Guardian ad Litem Office 1205Association. The committee shall provide for statewide 1206 advertisement and the receiving of applications for the position 1207 of executive director. The Governor shall appoint an executive 1208 director from among the recommendations, or the Governor may 1209 reject the nominations and request the submission of new 1210 nominees. The executive director must have knowledge in 1211 dependency law and knowledge of social service delivery systems 1212 available to meet the needs of children who are abused, 1213 neglected, or abandoned. The executive director shall serve on a 1214 full-time basis and shall personally, or through representatives 1215 of the office, carry out the purposes and functions of the 1216 Statewide Guardian ad Litem Office in accordance with state and 1217 federal law and the state’s long-established policy of 1218 prioritizing children’s best interests. The executive director 1219 shall report to the Governor. The executive director shall serve 1220 a 3-year term, subject to removal for cause by the Governor. Any 1221 person appointed to serve as the executive director may be 1222 permitted to serve more than one term without the necessity of 1223 convening the Guardian ad Litem Qualifications Committee. 1224 (b) The Statewide Guardian ad Litem Office shall, within 1225 available resources, have oversight responsibilities for and 1226 provide technical assistance to all guardian ad litem and 1227 attorney ad litem officesprogramslocated within the judicial 1228 circuits. 1229 1. The office shall identify the resources required to 1230 implement methods of collecting, reporting, and tracking 1231 reliable and consistent case data. 1232 2. The office shall review the current guardian ad litem 1233 officesprogramsin Florida and other states. 1234 3. The office, in consultation with local guardian ad litem 1235 offices, shall develop statewide performance measures and 1236 standards. 1237 4. The office shall develop and maintain a guardian ad 1238 litem training program, which must be updated regularly, which1239shall include, but is not limited to, training on the1240recognition of and responses to head trauma and brain injury in1241a child under 6 years of age. The office shall establish a1242curriculum committee to develop the training program specified1243in this subparagraph. The curriculum committee shall include,1244but not be limited to, dependency judges, directors of circuit1245guardian ad litem programs, active certified guardians ad litem,1246a mental health professional who specializes in the treatment of1247children, a member of a child advocacy group, a representative1248of a domestic violence advocacy group, an individual with a1249degree in social work, and a social worker experienced in1250working with victims and perpetrators of child abuse. 1251 5. The office shall review the various methods of funding 1252 guardian ad litem officesprograms, maximize the use of those 1253 funding sources to the extent possible, and review the kinds of 1254 services being provided by circuit guardian ad litem offices 1255programs. 1256 6. The office shall determine the feasibility or 1257 desirability of new concepts of organization, administration, 1258 financing, or service delivery designed to preserve the civil 1259 and constitutional rights and fulfill other needs of dependent 1260 children. 1261 7. The office shall ensure that each child has an attorney 1262 assigned to his or her case and, within available resources, is 1263 represented using multidisciplinary teams that may include 1264 volunteers, pro bono attorneys, social workers, and mentors. 1265 8. The office shall provide oversight and technical 1266 assistance to attorneys ad litem, including, but not limited to, 1267 all of the following: 1268 a. Develop an attorney ad litem training program in 1269 collaboration with dependency court stakeholders, including, but 1270 not limited to, dependency judges, representatives from legal 1271 aid providing attorney ad litem representation, and an attorney 1272 ad litem appointed from a registry maintained by the chief 1273 judge. The training program must be updated regularly with or 1274 without convening the stakeholders group. 1275 b. Offer consultation and technical assistance to chief 1276 judges in maintaining attorney registries for the selection of 1277 attorneys ad litem. 1278 c. Assist with recruitment, training, and mentoring of 1279 attorneys ad litem as needed. 1280 9.7.In an effort to promote normalcy and establish trust 1281 between acourt-appointed volunteerguardian ad litem and a 1282 child alleged to be abused, abandoned, or neglected under this 1283 chapter, a guardian ad litem may transport a child. However, a 1284 guardian ad litemvolunteermay not be required by a guardian ad 1285 litem circuit office or ordered byor directed by the program or1286 a court to transport a child. 1287 10.8.The office shall submit to the Governor, the 1288 President of the Senate, the Speaker of the House of 1289 Representatives, and the Chief Justice of the Supreme Court an 1290 interim report describing the progress of the office in meeting 1291 the goals as described in this section. The office shall submit 1292 to the Governor, the President of the Senate, the Speaker of the 1293 House of Representatives, and the Chief Justice of the Supreme 1294 Court a proposed plan including alternatives for meeting the 1295 state’s guardian ad litem and attorney ad litem needs. This plan 1296 may include recommendations for less than the entire state, may 1297 include a phase-in system, and shall include estimates of the 1298 cost of each of the alternatives. Each year the office shall 1299 provide a status report and provide further recommendations to 1300 address the need for guardian ad litem representationservices1301 and related issues. 1302 Section 34. Section 39.8297, Florida Statutes, is amended 1303 to read: 1304 39.8297 County funding for guardian ad litem employees.— 1305 (1) A county and the executive director of the Statewide 1306 Guardian ad Litem Office may enter into an agreement by which 1307 the county agrees to provide funds to the local guardian ad 1308 litem office in order to employ persons who will assist in the 1309 operation of the guardian ad litem officeprogramin the county. 1310 (2) The agreement, at a minimum, must provide that: 1311 (a) Funding for the persons who are employed will be 1312 provided on at least a fiscal-year basis. 1313 (b) The persons who are employed will be hired, supervised, 1314 managed, and terminated by the executive director of the 1315 Statewide Guardian ad Litem Office. The statewide office is 1316 responsible for compliance with all requirements of federal and 1317 state employment laws, and shall fully indemnify the county from 1318 any liability under such laws, as authorized by s. 768.28(19), 1319 to the extent such liability is the result of the acts or 1320 omissions of the Statewide Guardian ad Litem Office or its 1321 agents or employees. 1322 (c) The county is the employer for purposes of s. 440.10 1323 and chapter 443. 1324 (d) Employees funded by the county under this section and 1325 other county employees may be aggregated for purposes of a 1326 flexible benefits plan pursuant to s. 125 of the Internal 1327 Revenue Code of 1986. 1328 (e) Persons employed under this section may be terminated 1329 after a substantial breach of the agreement or because funding 1330 to the guardian ad litem officeprogramhas expired. 1331 (3) Persons employed under this section may not be counted 1332 in a formula or similar process used by the Statewide Guardian 1333 ad Litem Office to measure personnel needs of a judicial 1334 circuit’s guardian ad litem officeprogram. 1335 (4) Agreements created pursuant to this section do not 1336 obligate the state to allocate funds to a county to employ 1337 persons in the guardian ad litem officeprogram. 1338 Section 35. Section 1009.898, Florida Statutes, is created 1339 to read: 1340 1009.898 Pathway to Prosperity grants.— 1341 (1) The Pathway to Prosperity program shall administer the 1342 following grants to youth and young adults aging out of foster 1343 care: 1344 (a) Grants to provide financial literacy instruction using 1345 a curriculum developed by the Department of Financial Services 1346 in consultation with the Department of Education. 1347 (b) Grants to provide CLT, SAT, or ACT preparation, 1348 including one-on-one support and fee waivers for the 1349 examinations. 1350 (c) Grants to youth and young adults planning to pursue 1351 trade careers or paid apprenticeships. 1352 (2) If a youth who is aging out of foster care is reunited 1353 with his or her parents, the grants remain available for the 1354 youth for up to 1 year after reunification. 1355 (3) The State Board of Education shall adopt rules to 1356 administer this section. 1357 1358 ================= T I T L E A M E N D M E N T ================ 1359 And the title is amended as follows: 1360 Delete lines 15 - 121 1361 and insert: 1362 amending s. 39.013, F.S.; requiring the court to 1363 appoint a guardian ad litem for a child at the 1364 earliest possible time; authorizing a guardian ad 1365 litem to represent a child in other proceedings to 1366 secure certain services and benefits; amending s. 1367 39.01305, F.S.; conforming a provision to changes made 1368 by the act; amending s. 39.0132, F.S.; authorizing a 1369 child’s attorney ad litem to inspect certain records; 1370 amending s. 39.0136, F.S.; revising the parties who 1371 may request a continuance in a proceeding; amending s. 1372 39.01375, F.S.; conforming provisions to changes made 1373 by the act; amending s. 39.0139, F.S.; conforming 1374 provisions to changes made by the act; amending s. 1375 39.202, F.S.; requiring that certain confidential 1376 records be released to the guardian ad litem and 1377 attorney ad litem; conforming a cross-reference; 1378 amending s. 39.402, F.S.; requiring parents to consent 1379 to provide certain information to the guardian ad 1380 litem and attorney ad litem; conforming provisions to 1381 changes made by the act; amending s. 39.4022, F.S.; 1382 revising the participants who must be invited to a 1383 multidisciplinary team staffing; amending s. 39.4023, 1384 F.S.; requiring that notice of a multidisciplinary 1385 team staffing be provided to a child’s guardian ad 1386 litem and attorney ad litem; conforming provisions to 1387 changes made by the act; amending s. 39.407, F.S.; 1388 conforming provisions to changes made by the act; 1389 amending s. 39.4085, F.S.; providing a goal of 1390 permanency; conforming provisions to changes made by 1391 the act; amending ss. 39.502 and 39.522, F.S.; 1392 conforming provisions to changes made by the act; 1393 amending s. 39.6012, F.S.; requiring a case plan to 1394 include written descriptions of certain activities; 1395 conforming a cross-reference; creating s. 39.6036, 1396 F.S.; providing legislative findings and intent; 1397 requiring the Statewide Guardian ad Litem Office to 1398 work with certain children to identify a supportive 1399 adult to enter into a specified agreement; requiring 1400 such agreement be documented in the child’s court 1401 file; requiring the office to coordinate with the 1402 Office of Continuing Care for a specified purpose; 1403 amending s. 39.621, F.S.; conforming provisions to 1404 changes made by the act; amending s. 39.6241, F.S.; 1405 requiring a guardian ad litem to advise the court 1406 regarding certain information and to ensure a certain 1407 agreement has been documented in the child’s court 1408 file; amending s. 39.701, F.S.; requiring certain 1409 notice be given to an attorney ad litem; requiring a 1410 court to give a guardian ad litem an opportunity to 1411 address the court in certain proceedings; requiring 1412 the court to inquire and determine if a child has a 1413 certain agreement documented in his or her court file 1414 at a specified hearing; conforming provisions to 1415 changes made by the act; amending s. 39.801, F.S.; 1416 conforming provisions to changes made by the act; 1417 amending s. 39.807, F.S.; requiring a court to appoint 1418 a guardian ad litem to represent a child in certain 1419 proceedings; revising a guardian ad litem’s 1420 responsibilities and authorities; deleting provisions 1421 relating to bonds and service of pleadings or papers; 1422 amending s. 39.808, F.S.; conforming provisions to 1423 changes made by the act; amending s. 39.815, F.S.; 1424 conforming provisions to changes made by the act; 1425 repealing s. 39.820, F.S., relating to definitions of 1426 the terms “guardian ad litem” and “guardian advocate”; 1427 amending s. 39.821, F.S.; conforming provisions to 1428 changes made by the act; amending s. 39.822, F.S.; 1429 declaring that a guardian ad litem is a fiduciary and 1430 must provide independent representation of a child; 1431 revising responsibilities of a guardian ad litem; 1432 requiring that guardians ad litem have certain access 1433 to the children they represent; providing actions that 1434 a guardian ad litem does and does not have to fulfill; 1435 making technical changes; amending s. 39.827, F.S.; 1436 authorizing a child’s guardian ad litem and attorney 1437 ad litem to inspect certain records; amending s. 1438 39.8296, F.S.; revising the duties and appointment of 1439 the executive director of the Statewide Guardian ad 1440 Litem Office; requiring the training program for 1441 guardians ad litem to be maintained and updated 1442 regularly; deleting provisions regarding the training 1443 curriculum and the establishment of a curriculum 1444 committee; requiring the office to provide oversight 1445 and technical assistance to attorneys ad litem; 1446 specifying certain requirements of the office; 1447 amending s. 39.8297, F.S.; conforming provisions to 1448 changes made by the act; creating s. 1009.898, F.S.;