Bill Text: FL S1650 | 2018 | Regular Session | Comm Sub
Bill Title: Child Welfare
Spectrum: Bipartisan Bill
Status: (Failed) 2018-03-10 - Died in Messages [S1650 Detail]
Download: Florida-2018-S1650-Comm_Sub.html
Florida Senate - 2018 CS for CS for CS for SB 1650 By the Committees on Rules; Governmental Oversight and Accountability; and Children, Families, and Elder Affairs; and Senators Montford and Book 595-03553-18 20181650c3 1 A bill to be entitled 2 An act relating to child welfare; amending s. 39.001, 3 F.S.; providing an additional purpose of ch. 39, F.S.; 4 providing for the name of a child’s guardian ad litem 5 or attorney ad litem to be entered on court orders in 6 dependency proceedings; amending s. 39.01, F.S.; 7 expanding the definition of the term “harm” to 8 encompass infants born under certain circumstances; 9 amending s. 39.0136, F.S.; requiring cooperation 10 between certain parties and the court to achieve 11 permanency for a child in a timely manner; requiring 12 certain court orders to specify certain deadlines; 13 amending s. 39.402, F.S.; providing that time 14 limitations governing placement of a child in a 15 shelter do not include continuances requested by the 16 court; providing limitations on continuances; 17 providing requirements for parents to achieve 18 reunification with the child; amending s. 39.507, 19 F.S.; requiring the court to advise the parents during 20 an adjudicatory hearing of certain actions that are 21 required to achieve reunification; amending s. 39.521, 22 F.S.; requiring the department to provide copies of 23 the family functioning assessment to certain persons; 24 amending s. 39.522, F.S.; providing conditions for the 25 court to consider the continuity of the child’s 26 placement in the same out-of-home residence before the 27 permanency placement is approved in a postdisposition 28 proceeding to modify custody; amending s. 39.6011, 29 F.S.; requiring a case plan for a child receiving 30 services from the department to include a protocol for 31 parents to achieve reunification with the child; 32 providing that certain action or inaction by a parent 33 may result in termination of parental rights; 34 requiring the department to provide certain 35 information to a parent before signing a case plan; 36 providing a timeframe for referral for services; 37 amending s. 39.6012, F.S.; requiring a case plan to 38 contain certain information; requiring parents or 39 legal guardians to provide certain information to the 40 department or contracted case management agency and to 41 update the information as appropriate; requiring the 42 parents or legal guardians to make proactive contact 43 with the department or contracted case management 44 agency; amending s. 39.6013, F.S.; requiring the court 45 to consider certain factors when determining whether 46 to amend a case plan; conforming a cross-reference; 47 amending s. 39.621, F.S.; requiring the court to 48 determine certain factors at a permanency hearing; 49 requiring the court to hold permanency hearings within 50 specified timeframes until permanency is determined; 51 amending s. 39.701, F.S.; revising the findings a 52 court must make at a judicial review hearing relating 53 to a child’s permanency goal; requiring the department 54 to file a motion to amend a case plan when concurrent 55 planning is used, under certain circumstances; 56 amending s. 39.806, F.S.; specifying that a parent or 57 parents may materially breach a case plan by action or 58 inaction; amending s. 39.811, F.S.; requiring the 59 court to enter a written order of disposition of the 60 child following termination of parental rights within 61 a specified timeframe; providing an effective date. 62 63 Be It Enacted by the Legislature of the State of Florida: 64 65 Section 1. Subsection (7) of section 39.001, Florida 66 Statutes, is amended, and paragraph (q) is added to subsection 67 (1) and paragraph (j) is added to subsection (3) of that 68 section, to read: 69 39.001 Purposes and intent; personnel standards and 70 screening.— 71 (1) PURPOSES OF CHAPTER.—The purposes of this chapter are: 72 (q) To recognize the responsibility of: 73 1. The parent from whose custody a child has been taken to 74 take action to comply with the case plan so reunification with 75 the child may occur within the shortest period of time possible, 76 but not more than 1 year after removal or adjudication of the 77 child. 78 2. The department and its community-based care providers to 79 make reasonable efforts to finalize a family’s permanency plan, 80 including assisting parents with developing strategies to 81 overcome barriers to case plan compliance. 82 3. The court to affirmatively determine what the barriers 83 are to timely reunification, and address such barriers as 84 frequently as needed to ensure compliance with the time 85 limitations established in this chapter. 86 (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of 87 the Legislature that the children of this state be provided with 88 the following protections: 89 (j) The ability to contact their guardian ad litem or 90 attorney ad litem, if appointed, by having that individual’s 91 name entered on all orders of the court. 92 (7) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES. 93 Parents, custodians, and guardians are deemed by the state to be 94 responsible for providing their children with sufficient 95 support, guidance, and supervision. The state further recognizes 96 that the ability of parents, custodians, and guardians to 97 fulfill those responsibilities can be greatly impaired by 98 economic, social, behavioral, emotional, and related problems. 99 It is therefore the policy of the Legislature that it is the 100 state’s responsibility to ensure that factors impeding the 101 ability of caregivers to fulfill their responsibilities are 102 identified through the dependency process and that appropriate 103 recommendations and services to address those problems are 104 considered in any judicial or nonjudicial proceeding. The 105 Legislature also recognizes that time is of the essence for 106 establishing permanency for a child in the dependency system. 107 Therefore, parents must take action to comply with the case plan 108 so reunification with the child may occur within the shortest 109 period of time possible, but not more than 1 year after removal 110 or adjudication of the child, including by notifying the parties 111 and the court of barriers to case plan compliance. 112 Section 2. Subsection (30) of section 39.01, Florida 113 Statutes, is amended to read: 114 39.01 Definitions.—When used in this chapter, unless the 115 context otherwise requires: 116 (30) “Harm” to a child’s health or welfare can occur when 117 any person: 118 (a) Inflicts or allows to be inflicted upon the child 119 physical, mental, or emotional injury. In determining whether 120 harm has occurred, the following factors must be considered in 121 evaluating any physical, mental, or emotional injury to a child: 122 the age of the child; any prior history of injuries to the 123 child; the location of the injury on the body of the child; the 124 multiplicity of the injury; and the type of trauma inflicted. 125 Such injury includes, but is not limited to: 126 1. Willful acts that produce the following specific 127 injuries: 128 a. Sprains, dislocations, or cartilage damage. 129 b. Bone or skull fractures. 130 c. Brain or spinal cord damage. 131 d. Intracranial hemorrhage or injury to other internal 132 organs. 133 e. Asphyxiation, suffocation, or drowning. 134 f. Injury resulting from the use of a deadly weapon. 135 g. Burns or scalding. 136 h. Cuts, lacerations, punctures, or bites. 137 i. Permanent or temporary disfigurement. 138 j. Permanent or temporary loss or impairment of a body part 139 or function. 140 141 As used in this subparagraph, the term “willful” refers to the 142 intent to perform an action, not to the intent to achieve a 143 result or to cause an injury. 144 2. Purposely giving a child poison, alcohol, drugs, or 145 other substances that substantially affect the child’s behavior, 146 motor coordination, or judgment or that result in sickness or 147 internal injury. For the purposes of this subparagraph, the term 148 “drugs” means prescription drugs not prescribed for the child or 149 not administered as prescribed, and controlled substances as 150 outlined in Schedule I or Schedule II of s. 893.03. 151 3. Leaving a child without adult supervision or arrangement 152 appropriate for the child’s age or mental or physical condition, 153 so that the child is unable to care for the child’s own needs or 154 another’s basic needs or is unable to exercise good judgment in 155 responding to any kind of physical or emotional crisis. 156 4. Inappropriate or excessively harsh disciplinary action 157 that is likely to result in physical injury, mental injury as 158 defined in this section, or emotional injury. The significance 159 of any injury must be evaluated in light of the following 160 factors: the age of the child; any prior history of injuries to 161 the child; the location of the injury on the body of the child; 162 the multiplicity of the injury; and the type of trauma 163 inflicted. Corporal discipline may be considered excessive or 164 abusive when it results in any of the following or other similar 165 injuries: 166 a. Sprains, dislocations, or cartilage damage. 167 b. Bone or skull fractures. 168 c. Brain or spinal cord damage. 169 d. Intracranial hemorrhage or injury to other internal 170 organs. 171 e. Asphyxiation, suffocation, or drowning. 172 f. Injury resulting from the use of a deadly weapon. 173 g. Burns or scalding. 174 h. Cuts, lacerations, punctures, or bites. 175 i. Permanent or temporary disfigurement. 176 j. Permanent or temporary loss or impairment of a body part 177 or function. 178 k. Significant bruises or welts. 179 (b) Commits, or allows to be committed, sexual battery, as 180 defined in chapter 794, or lewd or lascivious acts, as defined 181 in chapter 800, against the child. 182 (c) Allows, encourages, or forces the sexual exploitation 183 of a child, which includes allowing, encouraging, or forcing a 184 child to: 185 1. Solicit for or engage in prostitution; or 186 2. Engage in a sexual performance, as defined by chapter 187 827. 188 (d) Exploits a child, or allows a child to be exploited, as 189 provided in s. 450.151. 190 (e) Abandons the child. Within the context of the 191 definition of “harm,” the term “abandoned the child” or 192 “abandonment of the child” means a situation in which the parent 193 or legal custodian of a child or, in the absence of a parent or 194 legal custodian, the caregiver, while being able, has made no 195 significant contribution to the child’s care and maintenance or 196 has failed to establish or maintain a substantial and positive 197 relationship with the child, or both. For purposes of this 198 paragraph, “establish or maintain a substantial and positive 199 relationship” includes, but is not limited to, frequent and 200 regular contact with the child through frequent and regular 201 visitation or frequent and regular communication to or with the 202 child, and the exercise of parental rights and responsibilities. 203 Marginal efforts and incidental or token visits or 204 communications are not sufficient to establish or maintain a 205 substantial and positive relationship with a child. The term 206 “abandoned” does not include a surrendered newborn infant as 207 described in s. 383.50, a child in need of services as defined 208 in chapter 984, or a family in need of services as defined in 209 chapter 984. The incarceration, repeated incarceration, or 210 extended incarceration of a parent, legal custodian, or 211 caregiver responsible for a child’s welfare may support a 212 finding of abandonment. 213 (f) Neglects the child. Within the context of the 214 definition of “harm,” the term “neglects the child” means that 215 the parent or other person responsible for the child’s welfare 216 fails to supply the child with adequate food, clothing, shelter, 217 or health care, although financially able to do so or although 218 offered financial or other means to do so. However, a parent or 219 legal custodian who, by reason of the legitimate practice of 220 religious beliefs, does not provide specified medical treatment 221 for a child may not be considered abusive or neglectful for that 222 reason alone, but such an exception does not: 223 1. Eliminate the requirement that such a case be reported 224 to the department; 225 2. Prevent the department from investigating such a case; 226 or 227 3. Preclude a court from ordering, when the health of the 228 child requires it, the provision of medical services by a 229 physician, as defined in this section, or treatment by a duly 230 accredited practitioner who relies solely on spiritual means for 231 healing in accordance with the tenets and practices of a well 232 recognized church or religious organization. 233 (g) Exposes a child to a controlled substance or alcohol. 234 Exposure to a controlled substance or alcohol is established by: 235 1. A test, administered at birth, which indicated that the 236 child’s blood, urine, or meconium contained any amount of 237 alcohol or a controlled substance or metabolites of such 238 substances, the presence of which was not the result of medical 239 treatment administered to the mother or the newborn infant; or 240 2. Evidence of extensive, abusive, and chronic use of a 241 controlled substance or alcohol by a parent when the child is 242 demonstrably adversely affected by such usage. 243 244 As used in this paragraph, the term “controlled substance” means 245 prescription drugs not prescribed for the parent or not 246 administered as prescribed and controlled substances as outlined 247 in Schedule I or Schedule II of s. 893.03. 248 (h) Uses mechanical devices, unreasonable restraints, or 249 extended periods of isolation to control a child. 250 (i) Engages in violent behavior that demonstrates a wanton 251 disregard for the presence of a child and could reasonably 252 result in serious injury to the child. 253 (j) Negligently fails to protect a child in his or her care 254 from inflicted physical, mental, or sexual injury caused by the 255 acts of another. 256 (k) Has allowed a child’s sibling to die as a result of 257 abuse, abandonment, or neglect. 258 (l) Makes the child unavailable for the purpose of impeding 259 or avoiding a protective investigation unless the court 260 determines that the parent, legal custodian, or caregiver was 261 fleeing from a situation involving domestic violence. 262 263 Harm to a child’s health or welfare can also occur when a new 264 child is born into the family during the course of an open 265 dependency case where a parent or caregiver has been determined 266 to not have protective capacity to safely care for the children 267 in the home and has not substantially complied with the case 268 plan toward successful reunification or met conditions for 269 return of the children into the home. 270 Section 3. Section 39.0136, Florida Statutes, is amended to 271 read: 272 39.0136 Time limitations; continuances.— 273 (1) The Legislature finds that time is of the essence for 274 establishing permanency for a child in the dependency system. 275 Time limitations are a right of the child which may not be 276 waived, extended, or continued at the request of any party 277 except as provided in this section. 278 (2)(a) All parties and the court must work together to 279 ensure that permanency is achieved as soon as possible for every 280 child through timely performance of their responsibilities under 281 this chapter. 282 (b) The department shall ensure that parents have the 283 information necessary to contact their caseworker. When a new 284 caseworker is assigned to a case, the caseworker shall make a 285 timely and diligent effort to notify the parent and provide 286 updated contact information. 287 (3)(2)The time limitations in this chapter do not include: 288 (a) Periods of delay resulting from a continuance granted 289 at the request of the child’s counsel or the child’s guardian ad 290 litem or, if the child is of sufficient capacity to express 291 reasonable consent, at the request or with the consent of the 292 child. The court must consider the best interests of the child 293 when determining periods of delay under this section. 294 (b) Periods of delay resulting from a continuance granted 295 at the request of any party if the continuance is granted: 296 1. Because of an unavailability of evidence that is 297 material to the case if the requesting party has exercised due 298 diligence to obtain evidence and there are substantial grounds 299 to believe that the evidence will be available within 30 days. 300 However, if the requesting party is not prepared to proceed 301 within 30 days, any other party may move for issuance of an 302 order to show cause or the court on its own motion may impose 303 appropriate sanctions, which may include dismissal of the 304 petition. 305 2. To allow the requesting party additional time to prepare 306 the case and additional time is justified because of an 307 exceptional circumstance. 308 (c) Reasonable periods of delay necessary to accomplish 309 notice of the hearing to the child’s parent or legal custodian; 310 however, the petitioner shall continue regular efforts to 311 provide notice to the parents during the periods of delay. 312 (4)(3)Notwithstanding subsection (3)(2), in order to 313 expedite permanency for a child, the total time allowed for 314 continuances or extensions of time, including continuances or 315 extensions by the court on its own motion, may not exceed 60 316 days within any 12-month period for proceedings conducted under 317 this chapter. 318 (a) A continuance or extension of time may be granted only 319 for extraordinary circumstances in which it is necessary to 320 preserve the constitutional rights of a party or if substantial 321 evidence exists to demonstrate that without granting a 322 continuance or extension of time the child’s best interests will 323 be harmed. 324 (b) An order entered under this section shall specify the 325 new date for the continued hearing or deadline. 326 (5)(4)Notwithstanding subsection (3)(2), a continuance or 327 an extension of time is limited to the number of days absolutely 328 necessary to complete a necessary task in order to preserve the 329 rights of a party or the best interests of a child. 330 Section 4. Paragraph (f) of subsection (14) and subsections 331 (15) and (18) of section 39.402, Florida Statutes, are amended 332 to read: 333 39.402 Placement in a shelter.— 334 (14) The time limitations in this section do not include: 335 (f) Continuances or extensions of time may not total more 336 than 60 days for all parties, and the court on its own motion, 337 within any 12-month period during proceedings under this 338 chapter. A continuance or extension beyond the 60 days may be 339 granted only for extraordinary circumstances necessary to 340 preserve the constitutional rights of a party or when 341 substantial evidence demonstrates that the child’s best 342 interests will be affirmatively harmed without the granting of a 343 continuance or extension of time. When a continuance or 344 extension is granted, the order shall specify the new date for 345 the continued hearing or deadline. 346 (15) The department, at the conclusion of the shelter 347 hearing, shall make available to parents or legal custodians 348 seeking voluntary services, any referral information necessary 349 for participation in such identified services to allow the 350 parents to begin the services immediately. The parents’ or legal 351 custodians’ participation in the services shall not be 352 considered an admission or other acknowledgment of the 353 allegations in the shelter petition. 354 (18) The court shall advise the parents in plain language 355 what is expected of them to achieve reunification with their 356 child, including that:,357 (a) Parents must take action to comply with the case plan 358 so reunification with the child may occur within the shortest 359 period of time possible, but not more than 1 year after removal 360 or adjudication of the child. 361 (b) Parents must stay in contact with their attorney and 362 their caseworker. If the parents’ phone number, mailing address, 363 or e-mail address changes, the parents must provide the attorney 364 and caseworker with updated contact information. 365 (c) Parents must notify the parties and the court of 366 barriers to completing case plan tasks within a reasonable time 367 after discovering such barriers. 368 (d) If the parents fail to substantially comply with the 369 case plan, their parental rights may be terminated and that the 370 child’s out-of-home placement may become permanent. 371 Section 5. Paragraph (c) of subsection (7) of section 372 39.507, Florida Statutes, is amended to read: 373 39.507 Adjudicatory hearings; orders of adjudication.— 374 (7) 375 (c) If a court adjudicates a child dependent and the child 376 is in out-of-home care, the court shall inquire of the parent or 377 parents whether the parents have relatives who might be 378 considered as a placement for the child. The parent or parents 379 shall provide the court and all parties with identification and 380 location information for such relatives. The court shall advise 381 the parents in plain language that:,382 1. Parents must take action to comply with the case plan so 383 reunification with the child may occur within the shortest 384 period of time possible, but not more than 1 year after removal 385 or adjudication of the child. 386 2. Parents must stay in contact with their attorney and 387 their caseworker. If the parents’ phone number, mailing address, 388 or e-mail address changes, the parents must provide the attorney 389 and caseworker with updated contact information. 390 3. Parents must notify the parties and the court of 391 barriers to completing case plan tasks within a reasonable time 392 after discovering such barriers. 393 4. If the parents fail to substantially comply with the 394 case plan, their parental rights may be terminated and that the 395 child’s out-of-home placement may become permanent.The parent396or parents shall provide to the court and all parties397identification and location information of the relatives.398 Section 6. Paragraph (a) of subsection (1) of section 399 39.521, Florida Statutes, is amended to read: 400 39.521 Disposition hearings; powers of disposition.— 401 (1) A disposition hearing shall be conducted by the court, 402 if the court finds that the facts alleged in the petition for 403 dependency were proven in the adjudicatory hearing, or if the 404 parents or legal custodians have consented to the finding of 405 dependency or admitted the allegations in the petition, have 406 failed to appear for the arraignment hearing after proper 407 notice, or have not been located despite a diligent search 408 having been conducted. 409 (a) A written case plan and a family functioning assessment 410 prepared by an authorized agent of the department must be 411 approved by the court. The department must file the case plan 412 and the family functioning assessment with the court, serve 413 copiesa copy of the case planon the parents of the child, and 414 provide copiesa copy of the case planto the representative of 415 the guardian ad litem program, if the program has been 416 appointed, and copiesa copyto all other parties: 417 1. Not less than 72 hours before the disposition hearing, 418 if the disposition hearing occurs on or after the 60th day after 419 the date the child was placed in out-of-home care. All such case 420 plans must be approved by the court. 421 2. Not less than 72 hours before the case plan acceptance 422 hearing, if the disposition hearing occurs before the 60th day 423 after the date the child was placed in out-of-home care and a 424 case plan has not been submitted pursuant to this paragraph, or 425 if the court does not approve the case plan at the disposition 426 hearing. The case plan acceptance hearing must occur within 30 427 days after the disposition hearing to review and approve the 428 case plan. 429 Section 7. Subsection (1) of section 39.522, Florida 430 Statutes, is amended to read: 431 39.522 Postdisposition change of custody.—The court may 432 change the temporary legal custody or the conditions of 433 protective supervision at a postdisposition hearing, without the 434 necessity of another adjudicatory hearing. 435 (1) At any time before a child achieves the permanency 436 placement approved at the permanency hearing, a child who has 437 been placed in the child’s own home under the protective 438 supervision of an authorized agent of the department, in the 439 home of a relative, in the home of a legal custodian, or in some 440 other place may be brought before the court by the department or 441 by any other interested person, upon the filing of a motion 442petitionalleging a need for a change in the conditions of 443 protective supervision or the placement. If the parents or other 444 legal custodians deny the need for a change, the court shall 445 hear all parties in person or by counsel, or both. Upon the 446 admission of a need for a change or after such hearing, the 447 court shall enter an order changing the placement, modifying the 448 conditions of protective supervision, or continuing the 449 conditions of protective supervision as ordered. The standard 450 for changing custody of the child shall be the best interest of 451 the child. When applying this standard, the court shall consider 452 the continuity of the child’s placement in the same out-of-home 453 residence as a factor when determining the best interests of the 454 child. If the child is not placed in foster care, then the new 455 placement for the child must meet the home study criteria and 456 court approval pursuant to this chapter. 457 Section 8. Present subsections (4) through (8) of section 458 39.6011, Florida Statutes, are redesignated as subsections (5) 459 through (9), respectively, a new subsection (4) is added to that 460 section, and paragraph (e) of subsection (2), subsection (3), 461 and present subsection (6) of that section are amended, to read: 462 39.6011 Case plan development.— 463 (2) The case plan must be written simply and clearly in 464 English and, if English is not the principal language of the 465 child’s parent, to the extent possible in the parent’s principal 466 language. Each case plan must contain: 467 (e) A written notice to the parent that it is the parents’ 468 responsibility to take action to comply with the case plan so 469 reunification with the child may occur within the shortest 470 period of time possible, but not more than 1 year after removal 471 or adjudication of the child; the parent must notify the parties 472 and the court of barriers to completing case plan tasks within a 473 reasonable time after discovering such barriers; failure of the 474 parent to substantially comply with the case plan may result in 475 the termination of parental rights;,andthata material breach 476 of the case plan by the parent’s action or inaction may result 477 in the filing of a petition for termination of parental rights 478 sooner than the compliance period set forth in the case plan. 479 (3) The case plan must be signed by all parties, except 480 that the signature of a child may be waived if the child is not 481 of an age or capacity to participate in the case-planning 482 process. Signing the case plan constitutes an acknowledgment 483 that the case plan has been developed by the parties and that 484 they are in agreement as to the terms and conditions contained 485 in the case plan. The refusal of a parent to sign the case plan 486 does not prevent the court from accepting the case plan if the 487 case plan is otherwise acceptable to the court. Signing the case 488 plan does not constitute an admission to any allegation of 489 abuse, abandonment, or neglect and does not constitute consent 490 to a finding of dependency or termination of parental rights. 491 (4) Before signing the case plan, the department shall 492 explain the provisions of the plan to all persons involved in 493 its implementation, including, when appropriate, the child. The 494 department shall ensure that the parent has contact information 495 for all entities necessary to complete the tasks in the plan. 496 The department shall explain the strategies included in the plan 497 that the parent can use to overcome barriers to case plan 498 compliance and that if a barrier is discovered and the parties 499 are not actively working to overcome such barrier, the parent 500 must notify the parties and the court within a reasonable time 501 after discovering such barrier. 502 (7)(6)After the case plan has been developed, the 503 department shall adhere to the following procedural 504 requirements: 505 (a) If the parent’s substantial compliance with the case 506 plan requires the department to provide services to the parents 507 or the child and the parents agree to begin compliance with the 508 case plan before the case plan’s acceptance by the court, the 509 department shall make the appropriate referrals for services 510 that will allow the parents to begin the agreed-upon tasks and 511 services immediately. 512 (b) All other referrals for services shall be completed as 513 soon as possible, but not more than 7 days after the date of the 514 case plan approval, unless the case plan specifies that a task 515 may not be undertaken until another specified task has been 516 completed. 517 (c)(b)After the case plan has been agreed upon and signed 518 by the parties, a copy of the plan must be given immediately to 519 the parties, including the child if appropriate, and to other 520 persons as directed by the court. 521 1. A case plan must be prepared, but need not be submitted 522 to the court, for a child who will be in care no longer than 30 523 days unless that child is placed in out-of-home care a second 524 time within a 12-month period. 525 2. In each case in which a child has been placed in out-of 526 home care, a case plan must be prepared within 60 days after the 527 department removes the child from the home and shall be 528 submitted to the court before the disposition hearing for the 529 court to review and approve. 530 3. After jurisdiction attaches, all case plans must be 531 filed with the court, and a copy provided to all the parties 532 whose whereabouts are known, not less than 3 business days 533 before the disposition hearing. The department shall file with 534 the court, and provide copies to the parties, all case plans 535 prepared before jurisdiction of the court attached. 536 Section 9. Paragraph (b) of subsection (1) of section 537 39.6012, Florida Statutes, is amended, and paragraph (d) is 538 added to subsection (1) of that section, to read: 539 39.6012 Case plan tasks; services.— 540 (1) The services to be provided to the parent and the tasks 541 that must be completed are subject to the following: 542 (b) The case plan must describe each of the tasks with 543 which the parent must comply and the services to be provided to 544 the parent, specifically addressing the identified problem, 545 including: 546 1. The type of services or treatment. 547 2. The date the department will provide each service or 548 referral for the service if the service is being provided by the 549 department or its agent. 550 3. The date by which the parent must complete each task. 551 4. The frequency of services or treatment provided. The 552 frequency of the delivery of services or treatment provided 553 shall be determined by the professionals providing the services 554 or treatment on a case-by-case basis and adjusted according to 555 their best professional judgment. 556 5. The location of the delivery of the services. 557 6. The staff of the department or service provider 558 accountable for the services or treatment. 559 7. A description of the measurable objectives, including 560 the timeframes specified for achieving the objectives of the 561 case plan and addressing the identified problem. 562 8. Strategies to overcome barriers to case plan compliance, 563 including, but not limited to, the provision of contact 564 information, information on acceptable alternative services or 565 providers, and an explanation that the parent must notify the 566 parties within a reasonable time of discovering a barrier that 567 the parties are not actively working to overcome. 568 (d) Parents must provide accurate contact information to 569 the department or the contracted case management agency and 570 update such information as appropriate. Parents must make 571 proactive contact with the department or the contracted case 572 management agency at least every 14 calendar days to provide 573 information on the status of case plan task completion, barriers 574 to completion, and plans toward reunification. 575 Section 10. Present subsection (6) of section 39.6013, 576 Florida Statutes, is redesignated as subsection (7), a new 577 subsection (6) is added to that section, and present subsection 578 (7) is amended, to read: 579 39.6013 Case plan amendments.— 580 (6) When determining whether to amend the case plan, the 581 court must consider the length of time the case has been open, 582 level of parental engagement to date, number of case plan tasks 583 complied with, child’s type of placement and attachment, and 584 potential for successful reunification. 585 (8)(7)Amendments must include service interventions that 586 are the least intrusive into the life of the parent and child, 587 must focus on clearly defined objectives, and must provide the 588 most efficient path to quick reunification or permanent 589 placement given the circumstances of the case and the child’s 590 need for safe and proper care. A copy of the amended plan must 591 be immediately given to the persons identified in s. 592 39.6011(7)(c)s. 39.6011(6)(b). 593 Section 11. Present subsections (7) through (10) of section 594 39.621, Florida Statutes, are redesignated as subsections (8) 595 through (11), respectively, subsection (5) and present 596 subsections (9), (10), and (11) are amended, and a new 597 subsection (7) is added to that section, to read: 598 39.621 Permanency determination by the court.— 599 (5) At the permanency hearing, the court shall determine: 600 (a) Whether the current permanency goal for the child is 601 appropriate or should be changed; 602 (b) When the child will achieve one of the permanency 603 goals;and604 (c) Whether the department has made reasonable efforts to 605 finalize the permanency plan currently in effect; and.606 (d) Whether the frequency, duration, manner, and level of 607 engagement of the parent or legal guardian’s visitation with the 608 child meets the case plan requirements. 609 (7) If the court determines that the child’s goal is 610 appropriate but the child will be in out-of-home care for more 611 than 12 months before achieving permanency, in those cases where 612 the goal is reunification or adoption, the court shall hold 613 permanency status hearings for the child every 60 days until the 614 child reaches permanency or the court makes a determination that 615 it is in the child’s best interest to change the permanency 616 goal. 617 (10)(9)The case plan must list the tasks necessary to 618 finalize the permanency placement and shall be updated at the 619 permanency hearing unless the child will achieve permanency 620 within 60 days after the hearingif necessary. If a concurrent 621 case plan is in place, the court may choose between the 622 permanency goal options presented and shall approve the goal 623 that is in the child’s best interest. 624 (11)(10)The permanency placement is intended to continue 625 until the child reaches the age of majority and may not be 626 disturbed absent a finding by the court that the circumstances 627 of the permanency placement are no longer in the best interest 628 of the child. 629 (a) If, after a child has achieved the permanency placement 630 approved at the permanency hearing, a parent who has not had his 631 or her parental rights terminated makes a motion for 632 reunification or increased contact with the child, the court 633 shall hold a hearing to determine whether the dependency case 634 should be reopened and whether there should be a modification of 635 the order. 636 (b) At the hearing, the parent must demonstrate that the 637 safety, well-being, and physical, mental, and emotional health 638 of the child is not endangered by the modification. 639 (c)(11)The court shall base its decision concerning any 640 motion by a parent for reunification or increased contact with a 641 child on the effect of the decision on the safety, well-being, 642 and physical and emotional health of the child. Factors that 643 must be considered and addressed in the findings of fact of the 644 order on the motion must include: 645 1.(a)The compliance or noncompliance of the parent with 646 the case plan; 647 2.(b)The circumstances which caused the child’s dependency 648 and whether those circumstances have been resolved; 649 3.(c)The stability and longevity of the child’s placement; 650 4.(d)The preferences of the child, if the child is of 651 sufficient age and understanding to express a preference; 652 5.(e)The recommendation of the current custodian; and 653 6.(f)The recommendation of the guardian ad litem, if one 654 has been appointed. 655 Section 12. Paragraph (d) of subsection (2) of section 656 39.701, Florida Statutes, is amended to read: 657 39.701 Judicial review.— 658 (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 659 AGE.— 660 (d) Orders.— 661 1. Based upon the criteria set forth in paragraph (c) and 662 the recommended order of the citizen review panel, if any, the 663 court shall determine whether or not the social service agency 664 shall initiate proceedings to have a child declared a dependent 665 child, return the child to the parent, continue the child in 666 out-of-home care for a specified period of time, or initiate 667 termination of parental rights proceedings for subsequent 668 placement in an adoptive home. Amendments to the case plan must 669 be prepared as prescribed in s. 39.6013. If the court finds that 670 the prevention or reunification efforts of the department will 671 allow the child to remain safely at home or be safely returned 672 to the home, the court shall allow the child to remain in or 673 return to the home after making a specific finding of fact that 674 the reasons for the creation of the case plan have been remedied 675 to the extent that the child’s safety, well-being, and physical, 676 mental, and emotional health will not be endangered. 677 2. The court shall return the child to the custody of the 678 parents at any time it determines that they have substantially 679 complied with the case plan, if the court is satisfied that 680 reunification will not be detrimental to the child’s safety, 681 well-being, and physical, mental, and emotional health. 682 3. If, in the opinion of the court, the social service 683 agency has not complied with its obligations as specified in the 684 written case plan, the court may find the social service agency 685 in contempt, shall order the social service agency to submit its 686 plans for compliance with the agreement, and shall require the 687 social service agency to show why the child could not safely be 688 returned to the home of the parents. 689 4. If, at any judicial review, the court finds that the 690 parents have failed to substantially comply with the case plan 691 to the degree that further reunification efforts are without 692 merit and not in the best interest of the child, on its own 693 motion, the court may order the filing of a petition for 694 termination of parental rights, whether or not the time period 695 as contained in the case plan for substantial compliance has 696 expired. 697 5. Within 6 months after the date that the child was placed 698 in shelter care, the court shall conduct a judicial review 699 hearing to review the child’s permanency goal as identified in 700 the case plan. At the hearing the court shall make written 701 findings regarding the parent or legal guardian’s compliance 702 with the case plan and demonstrable change in parental capacity 703 to achieve timely reunificationlikelihood of the child’s704reunification with the parent or legal custodianwithin 12 705 months after the removal of the child from the home. The court 706 shall consider the frequency, duration, manner, and level of 707 engagement of the parent or legal custodian’s visitation with 708 the child in compliance with the case plan. If the court makes a 709 written finding that it is not likely that the child will be 710 reunified with the parent or legal custodian within 12 months 711 after the child was removed from the home, the department must 712 file with the court, and serve on all parties, a motion to amend 713 the case plan under s. 39.6013 and declare that it will use 714 concurrent planning for the case plan. The department must file 715 the motion within 10 business days after receiving the written 716 finding of the court. The department must attach the proposed 717 amended case plan to the motion. If concurrent planning is 718 already being used, the department must file with the court, and 719 serve on all parties, a motion to amend the case plan to reflect 720 the concurrent goal as the child’s primary permanency goal, 721 document the efforts the department is taking to complete the 722 concurrent goal, and identify any additional services needed to 723 reach the permanency goal by a date certain. The court may allow 724 the parties to continue to pursue a secondary goal if the court 725 determines that is in the best interest of the childcase plan726must document the efforts the department is taking to complete727the concurrent goal. 728 6. The court may issue a protective order in assistance, or 729 as a condition, of any other order made under this part. In 730 addition to the requirements included in the case plan, the 731 protective order may set forth requirements relating to 732 reasonable conditions of behavior to be observed for a specified 733 period of time by a person or agency who is before the court; 734 and the order may require any person or agency to make periodic 735 reports to the court containing such information as the court in 736 its discretion may prescribe. 737 Section 13. Paragraph (e) of subsection (1) of section 738 39.806, Florida Statutes, is amended to read: 739 39.806 Grounds for termination of parental rights.— 740 (1) Grounds for the termination of parental rights may be 741 established under any of the following circumstances: 742 (e) When a child has been adjudicated dependent, a case 743 plan has been filed with the court, and: 744 1. The child continues to be abused, neglected, or 745 abandoned by the parent or parents. The failure of the parent or 746 parents to substantially comply with the case plan for a period 747 of 12 months after an adjudication of the child as a dependent 748 child or the child’s placement into shelter care, whichever 749 occurs first, constitutes evidence of continuing abuse, neglect, 750 or abandonment unless the failure to substantially comply with 751 the case plan was due to the parent’s lack of financial 752 resources or to the failure of the department to make reasonable 753 efforts to reunify the parent and child. The 12-month period 754 begins to run only after the child’s placement into shelter care 755 or the entry of a disposition order placing the custody of the 756 child with the department or a person other than the parent and 757 the court’s approval of a case plan having the goal of 758 reunification with the parent, whichever occurs first; or 759 2. The parent or parents have materially breached the case 760 plan by their action or inaction. Time is of the essence for 761 permanency of children in the dependency system. In order to 762 prove the parent or parents have materially breached the case 763 plan, the court must find by clear and convincing evidence that 764 the parent or parents are unlikely or unable to substantially 765 comply with the case plan before time to comply with the case 766 plan expires. 767 3. The child has been in care for any 12 of the last 22 768 months and the parents have not substantially complied with the 769 case plan so as to permit reunification under s. 39.522(2) 770 unless the failure to substantially comply with the case plan 771 was due to the parent’s lack of financial resources or to the 772 failure of the department to make reasonable efforts to reunify 773 the parent and child. 774 Section 14. Subsection (5) of section 39.811, Florida 775 Statutes, is amended to read: 776 39.811 Powers of disposition; order of disposition.— 777 (5) If the court terminates parental rights, the court 778 shall enter a written order of disposition within 30 days after 779 conclusion of the hearing briefly stating the facts upon which 780 its decision to terminate the parental rights is made. An order 781 of termination of parental rights, whether based on parental 782 consent or after notice served as prescribed in this part, 783 permanently deprives the parents of any right to the child. 784 Section 15. This act shall take effect July 1, 2018.