Bill Text: FL H0345 | 2011 | Regular Session | Introduced

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Bill Title: Child Welfare

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0345 Detail]

Download: Florida-2011-H0345-Introduced.html

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HB 345

1	A bill to be entitled
2	An act relating to child welfare; providing a short title;
3	creating s. 39.0142, F.S.; requiring photographs and
4	reports of child visitations, subject to availability of
5	equipment; providing for submission and distribution of
6	reports and photographs; amending s. 39.5085, F.S.;
7	providing that an unmarried biological father is not
8	considered a relative for purposes of the Relative
9	Caregiver Program; amending s. 39.521, F.S.; authorizing a
10	court to direct the placement of a parent in a substance
11	abuse facility in which his or her child may also reside;
12	revising provisions concerning the effect of an
13	unfavorable home study on the placement of a child in a
14	home under shelter or postdisposition placement; amending
15	s. 39.621, F.S.; requiring a permanency hearing to be
16	timed so that a child will achieve permanency within 12
17	months; revising the order of preference of permanency
18	goals; creating s. 39.6215, F.S.; requiring certain
19	reports by counties on the numbers of children entering
20	care and achieving permanency; providing financial
21	consequences for failure of children to achieve permanency
22	within a specified period; amending s. 39.801, F.S.;
23	limiting the period for diligent search and inquiry to
24	find a living relative of the child in certain
25	circumstances; amending s. 39.803, F.S.; limiting the
26	period required to conduct a diligent search for an
27	unmarried biological father in certain circumstances;
28	amending s. 39.0136, F.S.; revising provisions relating to
29	continuances; amending s. 39.809, F.S.; requiring an
30	adjudicatory hearing to be scheduled consistent with a
31	specified time period for final orders; limiting
32	continuances unless required by specified provisions;
33	requiring entry of a final order within a specified
34	period; creating s. 39.8056, F.S.; requiring that a child
35	remain with foster parents until disposition of a petition
36	to terminate parental rights in certain circumstances;
37	amending s. 39.812, F.S.; providing that a child placed
38	with a licensed foster parent or court-ordered custodian
39	who has applied to adopt the child may not be removed from
40	that home except in specified circumstances; limiting
41	visitation of such children; amending s. 39.816, F.S.;
42	revising provisions relating to development of best
43	practice guidelines; providing for extensions before a
44	petition for termination of parental rights may be filed
45	if a parent is incarcerated but does not meet specified
46	criteria or is physically incapacitated; revising
47	provisions relating to demonstration projects; providing
48	an effective date.
49
50	WHEREAS, although the number of children in foster care has
51	been reduced in Florida, the length of time a child spends in
52	foster care has increased, and
53	WHEREAS, the focus of the Department of Children and Family
54	Services, the Statewide Guardian Ad Litem Office, and the state
55	court system should be the prevention of out-of-home placement
56	of a child, the reduction of the length of stay in foster care,
57	and the promotion of adoption as a viable alternative to out-of-
58	home placement, NOW, THEREFORE,
59
60	Be It Enacted by the Legislature of the State of Florida:
61
62	Section 1.  This act may be cited as the "Lambourg Keep
63	Families United Act."
64	Section 2.  Section 39.0142, Florida Statutes, is created
65	to read:
66	39.0142  Photographs and reports of child visits.-Subject
67	to the availability of department-issued equipment, all
68	caseworkers, guardian ad litem volunteers, and other department-
69	authorized volunteers must, upon any visitation, photograph the
70	child and submit the photograph and report while at the site
71	where the child is located. The report and photograph shall be
72	transmitted immediately to all parties to the child's case, the
73	court, and any foster parents.
74	Section 3.  Paragraph (a) of subsection (2) of section
75	39.5085, Florida Statutes, is amended to read:
76	39.5085  Relative Caregiver Program.-
77	(2)(a)  The Department of Children and Family Services
78	shall establish and operate the Relative Caregiver Program
79	pursuant to eligibility guidelines established in this section
80	as further implemented by rule of the department. The Relative
81	Caregiver Program shall, within the limits of available funding,
82	provide financial assistance to:
83	1.  Relatives who are within the fifth degree by blood or
84	marriage to the parent or stepparent of a child and who are
85	caring full-time for that dependent child in the role of
86	substitute parent as a result of a court's determination of
87	child abuse, neglect, or abandonment and subsequent placement
88	with the relative under this chapter.
89	2.  Relatives who are within the fifth degree by blood or
90	marriage to the parent or stepparent of a child and who are
91	caring full-time for that dependent child, and a dependent half-
92	brother or half-sister of that dependent child, in the role of
93	substitute parent as a result of a court's determination of
94	child abuse, neglect, or abandonment and subsequent placement
95	with the relative under this chapter.
96
97	The placement may be court-ordered temporary legal custody to
98	the relative under protective supervision of the department
99	pursuant to s. 39.521(1)(b)3., or court-ordered placement in the
100	home of a relative as a permanency option under s. 39.6221 or s.
101	39.6231 or under former s. 39.622 if the placement was made
102	before July 1, 2006. The Relative Caregiver Program shall offer
103	financial assistance to caregivers who are relatives and who
104	would be unable to serve in that capacity without the relative
105	caregiver payment because of financial burden, thus exposing the
106	child to the trauma of placement in a shelter or in foster care.
107	An unmarried biological father, as defined in s. 63.032, is not
108	considered a relative for purposes of this paragraph.
109	Section 4.  Paragraph (b) of subsection (1) and paragraph
110	(r) of subsection (2) of section 39.521, Florida Statutes, are
111	amended to read:
112	39.521  Disposition hearings; powers of disposition.-
113	(1)  A disposition hearing shall be conducted by the court,
114	if the court finds that the facts alleged in the petition for
115	dependency were proven in the adjudicatory hearing, or if the
116	parents or legal custodians have consented to the finding of
117	dependency or admitted the allegations in the petition, have
118	failed to appear for the arraignment hearing after proper
119	notice, or have not been located despite a diligent search
120	having been conducted.
121	(b)  When any child is adjudicated by a court to be
122	dependent, the court having jurisdiction of the child has the
123	power by order to:
124	1.  Require the parent and, when appropriate, the legal
125	custodian and the child to participate in treatment and services
126	identified as necessary. The court may require the person who
127	has custody or who is requesting custody of the child to submit
128	to a substance abuse assessment or evaluation. The assessment or
129	evaluation must be administered by a qualified professional, as
130	defined in s. 397.311. The court may also require such person to
131	participate in and comply with treatment and services identified
132	as necessary, including, when appropriate and available,
133	participation in and compliance with a treatment-based drug
134	court program established under s. 397.334. In addition to
135	supervision by the department, the court, including the
136	treatment-based drug court program, may oversee the progress and
137	compliance with treatment by a person who has custody or is
138	requesting custody of the child. When available, the court may
139	direct the placement of the person who has custody or who is
140	requesting custody of the child in a substance abuse facility in
141	which the child may also reside as described in s. 39.816(2)(b).
142	The court may impose appropriate available sanctions for
143	noncompliance upon a person who has custody or is requesting
144	custody of the child or make a finding of noncompliance for
145	consideration in determining whether an alternative placement of
146	the child is in the child's best interests. Any order entered
147	under this subparagraph may be made only upon good cause shown.
148	This subparagraph does not authorize placement of a child with a
149	person seeking custody of the child, other than the child's
150	parent or legal custodian, who requires substance abuse
151	treatment.
152	2.  Require, if the court deems necessary, the parties to
153	participate in dependency mediation.
154	3.  Require placement of the child either under the
155	protective supervision of an authorized agent of the department
156	in the home of one or both of the child's parents or in the home
157	of a relative of the child or another adult approved by the
158	court, or in the custody of the department. Protective
159	supervision continues until the court terminates it or until the
160	child reaches the age of 18, whichever date is first. Protective
161	supervision shall be terminated by the court whenever the court
162	determines that permanency has been achieved for the child,
163	whether with a parent, another relative, or a legal custodian,
164	and that protective supervision is no longer needed. The
165	termination of supervision may be with or without retaining
166	jurisdiction, at the court's discretion, and shall in either
167	case be considered a permanency option for the child. The order
168	terminating supervision by the department shall set forth the
169	powers of the custodian of the child and shall include the
170	powers ordinarily granted to a guardian of the person of a minor
171	unless otherwise specified. Upon the court's termination of
172	supervision by the department, no further judicial reviews are
173	required, so long as permanency has been established for the
174	child.
175	(2)  The predisposition study must provide the court with
176	the following documented information:
177	(r)  If the child has been removed from the home and will
178	be remaining with a relative or other adult approved by the
179	court, a home study report concerning the proposed placement
180	shall be included in the predisposition report. Prior to
181	recommending to the court any out-of-home placement for a child
182	other than placement in a licensed shelter or foster home, the
183	department shall conduct a study of the home of the proposed
184	legal custodians, which must include, at a minimum:
185	1.  An interview with the proposed legal custodians to
186	assess their ongoing commitment and ability to care for the
187	child.
188	2.  Records checks through the Florida Abuse Hotline
189	Information System (FAHIS), and local and statewide criminal and
190	juvenile records checks through the Department of Law
191	Enforcement, on all household members 12 years of age or older
192	and any other persons made known to the department who are
193	frequent visitors in the home. Out-of-state criminal records
194	checks must be initiated for any individual designated above who
195	has resided in a state other than Florida provided that state's
196	laws allow the release of these records. The out-of-state
197	criminal records must be filed with the court within 5 days
198	after receipt by the department or its agent.
199	3.  An assessment of the physical environment of the home.
200	4.  A determination of the financial security of the
201	proposed legal custodians.
202	5.  A determination of suitable child care arrangements if
203	the proposed legal custodians are employed outside of the home.
204	6.  Documentation of counseling and information provided to
205	the proposed legal custodians regarding the dependency process
206	and possible outcomes.
207	7.  Documentation that information regarding support
208	services available in the community has been provided to the
209	proposed legal custodians.
210
211	The department may shall not place the child or continue the
212	placement of the child in a home under shelter or
213	postdisposition placement if the results of the home study are
214	unfavorable, and the focus of the department's efforts must
215	immediately shift towards the child's adoption unless another
216	placement in compliance with this section can be found unless
217	the court finds that this placement is in the child's best
218	interest.
219
220	Any other relevant and material evidence, including other
221	written or oral reports, may be received by the court in its
222	effort to determine the action to be taken with regard to the
223	child and may be relied upon to the extent of its probative
224	value, even though not competent in an adjudicatory hearing.
225	Except as otherwise specifically provided, nothing in this
226	section prohibits the publication of proceedings in a hearing.
227	Section 5.  Subsections (1) and (2) of section 39.621,
228	Florida Statutes, are amended to read:
229	39.621  Permanency determination by the court.-
230	(1)  Time is of the essence for permanency of children in
231	the dependency system. A permanency hearing must be held at such
232	time as to enable the child to achieve permanency no later than
233	12 months after the date the child was removed from the home or
234	no later than 30 days after a court determines that reasonable
235	efforts to return a child to either parent are not required,
236	whichever occurs first. The purpose of the permanency hearing is
237	to determine when the child will achieve the permanency goal or
238	whether modifying the current goal is in the best interest of
239	the child. A permanency hearing must be held at least every 12
240	months for any child who continues to receive supervision from
241	the department or awaits adoption.
242	(2)  The permanency goals available under this chapter,
243	listed in order of preference, are:
244	(a)(b)  Adoption, if a petition for termination of parental
245	rights has been or will be filed;
246	(b)(a)  Reunification;
247	(c)  Permanent guardianship of a dependent child under s.
248	39.6221;
249	(d)  Permanent placement with a fit and willing relative
250	under s. 39.6231; or
251	(e)  Placement in another planned permanent living
252	arrangement under s. 39.6241.
253	Section 6.  Section 39.6215, Florida Statutes, is created
254	to read:
255	39.6215  Permanency; reporting; program funding.-
256	(1)  Each county shall report to the department, on a
257	quarterly basis, the number of children entering care and the
258	number of children achieving a permanency goal as listed in s.
259	39.621(2).
260	(2)  Effective October 1, 2012, each quarter the department
261	shall reduce funds allocated to a county for permanency-related
262	programs for the next quarter based on the county's percentage
263	of children who entered the system in the corresponding quarter
264	during the previous year for which data is available who failed
265	to achieve permanency within a 12-month period.
266	Section 7.  Paragraph (a) of subsection (3) of section
267	39.801, Florida Statutes, is amended to read:
268	39.801  Procedures and jurisdiction; notice; service of
269	process.-
270	(3)  Before the court may terminate parental rights, in
271	addition to the other requirements set forth in this part, the
272	following requirements must be met:
273	(a)  Notice of the date, time, and place of the advisory
274	hearing for the petition to terminate parental rights and a copy
275	of the petition must be personally served upon the following
276	persons, specifically notifying them that a petition has been
277	filed:
278	1.  The parents of the child.
279	2.  The legal custodians of the child.
280	3.  If the parents who would be entitled to notice are dead
281	or unknown, a living relative of the child, unless upon diligent
282	search and inquiry, to be completed within 90 days after the
283	child enters into care, no such relative can be found.
284	4.  Any person who has physical custody of the child.
285	5.  Any grandparent entitled to priority for adoption under
286	s. 63.0425.
287	6.  Any prospective parent who has been identified under s.
288	39.503 or s. 39.803.
289	7.  The guardian ad litem for the child or the
290	representative of the guardian ad litem program, if the program
291	has been appointed.
292
293	The document containing the notice to respond or appear must
294	contain, in type at least as large as the type in the balance of
295	the document, the following or substantially similar language:
296	"FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING
297	CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF
298	THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND
299	TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE
300	CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS
301	NOTICE."
302	Section 8.  Subsection (5) of section 39.803, Florida
303	Statutes, is amended to read:
304	39.803  Identity or location of parent unknown after filing
305	of termination of parental rights petition; special procedures.-
306	(5)  If the inquiry under subsection (1) identifies a
307	parent or prospective parent, and that person's location is
308	unknown, the court shall direct the petitioner to conduct a
309	diligent search for that person before scheduling an
310	adjudicatory hearing regarding the petition for termination of
311	parental rights to the child unless the court finds that the
312	best interest of the child requires proceeding without actual
313	notice to the person whose location is unknown. If the person
314	whose location is unknown is an unmarried biological father and
315	the mother files an affidavit to that effect with 30 days after
316	the child enters care, the diligent search may not exceed 60
317	days beyond the date the court accepts the affidavit.
318	Section 9.  Section 39.0136, Florida Statutes, is amended
319	to read:
320	39.0136  Time limitations; continuances.-
321	(1)  The Legislature finds that time is of the essence for
322	establishing permanency for a child in the dependency system.
323	Time limitations are a right of the child which may not be
324	waived, extended, or continued at the request of any party
325	except as provided in this section.
326	(2)  The time limitations in this chapter do not include:
327	(a)  Periods of delay resulting from a continuance granted
328	at the request of the child's counsel or the child's guardian ad
329	litem or, if the child is of sufficient capacity to express
330	reasonable consent, at the request or with the consent of the
331	child. The court must consider the best interests of the child
332	when determining periods of delay under this section.
333	(b)  Periods of delay resulting from a continuance granted
334	at the request of any party if the continuance is granted:
335	1.  Because of an unavailability of evidence that is
336	material to the case if the requesting party has exercised due
337	diligence to obtain evidence and there are substantial grounds
338	to believe that the evidence will be available within 30 days.
339	However, if the requesting party is not prepared to proceed
340	within 30 days, any other party may move for issuance of an
341	order to show cause or the court on its own motion may impose
342	appropriate sanctions, which may include dismissal of the
343	petition.
344	2.  To allow the requesting party additional time to
345	prepare the case and additional time is justified because of an
346	exceptional circumstance.
347	(c)  Reasonable periods of delay necessary to accomplish
348	notice of the hearing to the child's parent or legal custodian;
349	however, the petitioner shall continue regular efforts to
350	provide notice to the parents during the periods of delay.
351	(3)  Notwithstanding subsection (2):,
352	(a)  In order to expedite permanency for a child, the total
353	time allowed for continuances or extensions of time may not
354	exceed 60 days within any 12-month period for proceedings
355	conducted under this chapter. A continuance or extension of time
356	may be granted only for extraordinary circumstances in which it
357	is necessary to preserve the constitutional rights of a party or
358	if substantial evidence exists to demonstrate that without
359	granting a continuance or extension of time the child's best
360	interests will be harmed.
361	(b)(4)  Notwithstanding subsection (2), A continuance or an
362	extension of time is limited to the number of days absolutely
363	necessary to complete a necessary task in order to preserve the
364	rights of a party or the best interests of a child.
365	Section 10.  Subsections (2) and (5) of section 39.809,
366	Florida Statutes, are amended to read:
367	39.809  Adjudicatory hearing.-
368	(2)  The adjudicatory hearing must be held within 45 days
369	after the advisory hearing on a schedule consistent with the
370	time required for a final order under subsection (5)., but
371	reasonable Continuances for the purpose of investigation,
372	discovery, or procuring counsel or witnesses may, when
373	necessary, be granted only when consistent with s. 39.0136(3)(b)
374	and consistent with the time required for a final order under
375	subsection (5).
376	(5)  The judge shall enter a written order with the
377	findings of fact and conclusions of law within 90 days after
378	completion of service on all parties.
379	Section 11.  Section 39.8056, Florida Statutes, is created
380	to read:
381	39.8056  Foster parents; effect of petition.-If foster
382	parents have been approved after a home study to adopt a foster
383	child, the child shall be placed with the foster parents upon
384	the filing of the termination of parental rights petition and
385	shall reside with the foster parents until disposition of the
386	petition.
387	Section 12.  Subsection (4) of section 39.812, Florida
388	Statutes, is amended to read:
389	39.812  Postdisposition relief; petition for adoption.-
390	(4)(a)  The court shall retain jurisdiction over any child
391	placed in the custody of the department until the child is
392	adopted. After custody of a child for subsequent adoption has
393	been given to the department, the court has jurisdiction for the
394	purpose of reviewing the status of the child and the progress
395	being made toward permanent adoptive placement. As part of this
396	continuing jurisdiction, for good cause shown by the guardian ad
397	litem for the child, the court may review the appropriateness of
398	the adoptive placement of the child. When a licensed foster
399	parent or court-ordered custodian has applied to adopt a child
400	who has resided with the foster parent or custodian for at least
401	6 months and who has previously been permanently committed to
402	the legal custody of the department and the department does not
403	grant the application to adopt, the department may not, in the
404	absence of a prior court order authorizing it to do so, remove
405	the child from the foster home or custodian, except when:
406	1.(a)  There is probable cause to believe that the child is
407	at imminent risk of abuse or neglect;
408	2.(b)  Thirty days have expired following written notice to
409	the foster parent or custodian of the denial of the application
410	to adopt, within which period no formal challenge of the
411	department's decision has been filed; or
412	3.(c)  The foster parent or custodian agrees to the child's
413	removal.
414	(b)  After a child has been placed with a licensed foster
415	parent or court-ordered custodian who has applied to adopt the
416	child, that child may not be removed from that home except as
417	provided in paragraph (a). Such a child is not subject to
418	visitation unless there is a preexisting visitation arrangement.
419	Section 13.  Section 39.816, Florida Statutes, is amended
420	to read:
421	39.816  Authorization for pilot and demonstration
422	projects.-
423	(1)  Contingent upon receipt of a federal grant or contract
424	pursuant to s. 473A(i) of the Social Security Act, 42 U.S.C. s.
425	673A(i), enacted November 19, 1997, the department is authorized
426	to establish one or more pilot projects for the following
427	purposes:
428	(a)  The development of best practice guidelines for
429	expediting termination of parental rights in cases of child
430	abuse, abandonment, or neglect if the family is unable to meet
431	the requirements of a plan of action established by the child
432	protection team. However, a parent who is incarcerated but does
433	not meet the criteria established under s. 39.806(1)(d) or a
434	parent who is physically incapacitated shall be granted an
435	extension of up to 180 days after the presentation of the plan
436	of action before the department files a petition for termination
437	of parental rights.
438	(b)  The development of models to encourage the use of
439	concurrent planning.
440	(c)  The development of specialized units and expertise in
441	moving children toward adoption as a permanency goal.
442	(d)  The development of risk assessment tools to facilitate
443	early identification of the children who will be at risk of harm
444	if returned home.
445	(e)  The development of models to encourage the fast-
446	tracking of children who have not attained 1 year of age, into
447	preadoptive placements.
448	(f)  The development of programs that place children into
449	preadoptive families without waiting for termination of parental
450	rights.
451	(2)  Contingent upon receipt of federal authorization and
452	funding pursuant to s. 1130(a) of the Social Security Act, 42
453	U.S.C. s. 1320a-9, enacted November 19, 1997, the department is
454	authorized to establish one or more demonstration projects for
455	the following purposes:
456	(a)  Identifying and addressing barriers that result in
457	delays to adoptive placements for children in out-of-home care.
458	(b)  Identifying and addressing parental substance abuse
459	problems that endanger children and result in the placement of
460	children in out-of-home care. This purpose may be accomplished
461	through the placement of children with their parents in
462	residential treatment facilities, including residential
463	treatment facilities for postpartum depression, that are
464	specifically designed to serve parents and children together, in
465	order to promote family reunification, and that can ensure the
466	health and safety of the children by providing a separate unit
467	in which the children may reside.
468	(c)  Addressing kinship care by including next of kin, as
469	defined in s. 39.01, in the early intervention and
470	decisionmaking process. An unmarried biological father, as
471	defined in s. 63.032, is not considered next of kin for purposes
472	of this paragraph.
473	(d)  In cases in which danger to the child is not imminent,
474	developing a 90-day early intervention process that includes all
475	family members except children under the age of 13 and is
476	developed in collaboration with representatives of the
477	department, the state Guardian Ad Litem Program, and a private
478	attorney representing the family.
479	Section 14.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.