Bill Amendment: FL S0496 | 2015 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Guardians

Status: 2015-04-22 - Laid on Table, companion bill(s) passed, see CS/CS/HB 437 (Ch. 2015-112) [S0496 Detail]

Download: Florida-2015-S0496-Senate_Committee_Amendment_598170.html

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       Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 496
       
       
       
       
       
       
                                Ì598170+Î598170                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Children, Families, and Elder Affairs (Detert)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (8) of section 39.6251, Florida
    6  Statutes, is amended to read:
    7         39.6251 Continuing care for young adults.—
    8         (8) During the time that a young adult is in care, the
    9  court shall maintain jurisdiction to ensure that the department
   10  and the lead agencies are providing services and coordinate
   11  with, and maintain oversight of, other agencies involved in
   12  implementing the young adult’s case plan, individual education
   13  plan, and transition plan. The court shall review the status of
   14  the young adult at least every 6 months and hold a permanency
   15  review hearing at least annually. If the young adult has been
   16  appointed a guardian under chapter 744 or a guardian advocate
   17  under s. 393.12, the court shall review at the permanency review
   18  hearing the necessity of continuing the guardianship and whether
   19  restoration of guardianship proceedings are needed when the
   20  child reaches 22 years of age. The court may appoint a guardian
   21  ad litem or continue the appointment of a guardian ad litem with
   22  the young adult’s consent. The young adult or any other party to
   23  the dependency case may request an additional hearing or review.
   24         Section 2. Paragraphs (b) and (c) of subsection (3) of
   25  section 39.701, Florida Statutes, are amended to read:
   26         39.701 Judicial review.—
   27         (3) REVIEW HEARINGS FOR CHILDREN 17 YEARS OF AGE.—
   28         (b) At the first judicial review hearing held subsequent to
   29  the child’s 17th birthday, the department shall provide the
   30  court with an updated case plan that includes specific
   31  information related to the independent living skills that the
   32  child has acquired since the child’s 13th birthday, or since the
   33  date the child came into foster care, whichever came later.
   34         1. For any child that may meet the requirements for
   35  appointment of a guardian pursuant to chapter 744 or a guardian
   36  advocate pursuant to s. 393.12, the updated case plan must be
   37  developed in a face-to-face conference with the child, if
   38  appropriate; the child’s attorney; any court-appointed guardian
   39  ad litem; the temporary custodian of the child; and the parent,
   40  if the parent’s rights have not been terminated.
   41         2. At the judicial review hearing, if the court determines
   42  pursuant to the procedures and requirements of chapter 744 and
   43  the Florida Probate Rules that there is a good faith basis to
   44  believe the child qualifies for appointment of a guardian or a
   45  guardian advocate and that no less restrictive decisionmaking
   46  assistance will meet the child’s needs:
   47         a. The department shall complete a multidisciplinary report
   48  that must include, but is not limited to, a psychosocial
   49  evaluation and educational report if such a report has not been
   50  completed within the previous 2 years.
   51         b. The department shall identify one or more individuals
   52  who are willing to serve as the guardian advocate pursuant to s.
   53  393.12 or as the plenary guardian or limited guardian pursuant
   54  to chapter 744 and the Florida Probate Rules. Any other
   55  interested parties or participants may make efforts to identify
   56  such a guardian advocate or plenary guardian or limited
   57  guardian. A child’s biological or adoptive family members,
   58  including a child’s parents if the parents’ rights have not been
   59  terminated, may not be considered for service as the plenary
   60  guardian or limited guardian unless the court enters a written
   61  order finding that such an appointment is in the child’s best
   62  interests.
   63         c. Proceedings shall be initiated within 180 days after the
   64  child’s 17th birthday for the appointment of a guardian advocate
   65  or plenary guardian or limited guardian for the child in the
   66  court with proper jurisdiction over probate matters according to
   67  the local rules of judicial administration and the procedures
   68  and requirements of chapter 744 and the Florida Probate Rules.
   69         3. In the event another interested party or participant
   70  initiates proceedings for the appointment of a guardian advocate
   71  or plenary guardian or limited guardian for the child, the
   72  department shall provide all necessary documentation and
   73  information to the petitioner to complete a petition under
   74  chapter 393 or chapter 744 within 45 days after the first
   75  judicial review hearing after the child’s 17th birthday.
   76         4. Any proceedings for appointment of a guardian advocate
   77  or a determination of incapacity and the appointment of a
   78  guardian must be conducted in a separate proceeding in the court
   79  with proper jurisdiction over probate matters according to local
   80  rules of judicial administration and the procedures and
   81  requirements of chapter 744 and the Florida Probate Rules.
   82         (c) If the court finds at the judicial review hearing that
   83  the department has not met its obligations to the child as
   84  stated in this part, in the written case plan, or in the
   85  provision of independent living services, the court may issue an
   86  order directing the department to show cause as to why it has
   87  not done so. If the department cannot justify its noncompliance,
   88  the court may give the department 30 days within which to
   89  comply. If the department fails to comply within 30 days, the
   90  court may hold the department in contempt.
   91         Section 3. Paragraph (c) is added to subsection (2) of
   92  section 393.12, Florida Statutes, to read:
   93         393.12 Capacity; appointment of guardian advocate.—
   94         (2) APPOINTMENT OF A GUARDIAN ADVOCATE.—
   95         (c) If a petition is filed pursuant to this section
   96  requesting appointment of a guardian advocate for a minor who is
   97  the subject of any proceeding under chapter 39, the court with
   98  proper jurisdiction over probate matters according to local
   99  rules of judicial administration and the Florida Probate Rules
  100  shall have jurisdiction over the proceedings pursuant to this
  101  section when the minor reaches the age of 17 years and 6 months
  102  or anytime thereafter. The minor shall be provided all the due
  103  process rights conferred upon an alleged developmentally
  104  disabled adult pursuant to this chapter. The order of
  105  appointment of guardian advocate under this section shall be
  106  issued upon the minor’s 18th birthday or as soon thereafter as
  107  possible.
  108         Section 4. Subsection (1) of section 744.301, Florida
  109  Statutes, is amended to read:
  110         744.301 Natural guardians.—
  111         (1) The parents jointly are the natural guardians of their
  112  own children and of their adopted children, during minority,
  113  unless the parent’s parental rights have been terminated
  114  pursuant to chapter 39. If a child is the subject of any
  115  proceeding under chapter 39, the parents may act as natural
  116  guardians under this section unless the dependency or probate
  117  court finds that it is not in the child’s best interest. If one
  118  parent dies, the surviving parent remains the sole natural
  119  guardian even if he or she remarries. If the marriage between
  120  the parents is dissolved, the natural guardianship belongs to
  121  the parent to whom sole parental responsibility has been
  122  granted, or if the parents have been granted shared parental
  123  responsibility, both continue as natural guardians. If the
  124  marriage is dissolved and neither parent is given parental
  125  responsibility for the child, neither may act as natural
  126  guardian of the child. The mother of a child born out of wedlock
  127  is the natural guardian of the child and is entitled to primary
  128  residential care and custody of the child unless the court
  129  enters an order stating otherwise.
  130         Section 5. Subsection (1) of section 744.3021, Florida
  131  Statutes, is amended, and subsection (4) is added to that
  132  section, to read:
  133         744.3021 Guardians of minors.—
  134         (1) Except as provided in subsection (4), upon petition of
  135  a parent, brother, sister, next of kin, or other person
  136  interested in the welfare of a minor, a guardian for a minor may
  137  be appointed by the court without the necessity of adjudication
  138  pursuant to s. 744.331. A guardian appointed for a minor,
  139  whether of the person or property, has the authority of a
  140  plenary guardian.
  141         (4) If a petition is filed pursuant to this section
  142  requesting appointment of a guardian for a minor that is the
  143  subject of any proceeding under chapter 39 and who is 17 years
  144  and 6 months of age or older, the court with proper jurisdiction
  145  over probate matters according to local rules of judicial
  146  administration and the procedures and requirements of this
  147  chapter and the Florida Probate Rules shall have jurisdiction
  148  over the proceedings under s. 744.331. The alleged incapacitated
  149  minor under this subsection shall be provided all the due
  150  process rights conferred upon an alleged incapacitated adult
  151  pursuant to this chapter and the Florida Probate Rules. The
  152  order of adjudication under s. 744.331 and the letters of
  153  limited guardianship or plenary guardianship may be issued upon
  154  the minor’s 18th birthday or as soon thereafter as possible.
  155         Section 6. This act shall take effect July 1, 2015.
  156  ================= T I T L E  A M E N D M E N T ================
  157  And the title is amended as follows:
  158         Delete everything before the enacting clause
  159  and insert:
  160                        A bill to be entitled                      
  161         An act relating to guardians; amending s. 39.6251,
  162         F.S.; requiring the court at the permanency review
  163         hearing to review the necessity of the guardianship
  164         and whether restoration of guardianship proceedings
  165         are needed when the child reaches a certain age under
  166         certain circumstances; amending s. 39.701, F.S.;
  167         requiring that, for a child meeting certain
  168         requirements, the updated case plan be developed in a
  169         face-to-face conference with specified persons
  170         present; requiring the Department of Children and
  171         Families to take specified actions at the judicial
  172         review hearing if the court makes certain
  173         determinations; requiring the department to provide
  174         documentation and information to a petitioner under
  175         certain circumstances; requiring certain proceedings
  176         to be conducted separately; expanding the
  177         circumstances under which a court, after making
  178         certain findings, may issue an order directing the
  179         department to show cause; amending s. 393.12, F.S.;
  180         providing that the court with proper jurisdiction over
  181         probate matters has jurisdiction if a specified
  182         petition is filed; requiring the provision of due
  183         process rights for a minor; requiring the issuance of
  184         the order of appointment of guardian advocate upon the
  185         minor turning 18 years of age or as soon thereafter as
  186         possible; amending s. 744.301, F.S.; providing that
  187         parents are the joint natural guardians of their
  188         children unless their parental rights have been
  189         terminated; authorizing the parents to act as natural
  190         guardians of their child under certain circumstances;
  191         providing an exception; amending s. 744.3021, F.S.;
  192         providing an exception to the appointment of guardians
  193         for a minor; specifying that the court with proper
  194         jurisdiction over probate matters has jurisdiction
  195         over certain proceedings if a specified petition is
  196         filed; requiring the provision of due process rights
  197         for an alleged incapacitated minor; providing an
  198         effective date.