Bill Text: FL S0878 | 2011 | Regular Session | Introduced


Bill Title: Child Welfare

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0878 Detail]

Download: Florida-2011-S0878-Introduced.html
       Florida Senate - 2011                                     SB 878
       
       
       
       By Senator Garcia
       
       
       
       
       40-01306-11                                            2011878__
    1                        A bill to be entitled                      
    2         An act relating to child welfare; providing a short
    3         title; creating s. 39.0142, F.S.; requiring
    4         photographs and reports of child visitations, subject
    5         to availability of equipment; providing for submission
    6         and distribution of reports and photographs; amending
    7         s. 39.5085, F.S.; providing that an unmarried
    8         biological father is not considered a relative for
    9         purposes of the Relative Caregiver Program; amending
   10         s. 39.521, F.S.; authorizing a court to direct the
   11         placement of a parent in a substance abuse facility in
   12         which his or her child may also reside; revising
   13         provisions concerning the effect of an unfavorable
   14         home study on the placement of a child in a home under
   15         shelter or postdisposition placement; amending s.
   16         39.621, F.S.; requiring a permanency hearing to be
   17         timed so that a child will achieve permanency within
   18         12 months; revising the order of preference of
   19         permanency goals; creating s. 39.6215, F.S.; requiring
   20         certain reports by counties on the numbers of children
   21         entering care and achieving permanency; providing
   22         financial consequences for failure of children to
   23         achieve permanency within a specified period; amending
   24         s. 39.801, F.S.; limiting the period for diligent
   25         search and inquiry to find a living relative of the
   26         child in certain circumstances; amending s. 39.803,
   27         F.S.; limiting the period required to conduct a
   28         diligent search for an unmarried biological father in
   29         certain circumstances; amending s. 39.0136, F.S.;
   30         revising provisions relating to continuances; amending
   31         s. 39.809, F.S.; requiring an adjudicatory hearing to
   32         be scheduled consistent with a specified time period
   33         for final orders; limiting continuances unless
   34         required by specified provisions; requiring entry of a
   35         final order within a specified period; creating s.
   36         39.8056, F.S.; requiring that a child remain with
   37         foster parents until disposition of a petition to
   38         terminate parental rights in certain circumstances;
   39         amending s. 39.812, F.S.; providing that a child
   40         placed with a licensed foster parent or court-ordered
   41         custodian who has applied to adopt the child may not
   42         be removed from that home except in specified
   43         circumstances; limiting visitation of such children;
   44         amending s. 39.816, F.S.; revising provisions relating
   45         to development of best practice guidelines; providing
   46         for extensions before a petition for termination of
   47         parental rights may be filed if a parent is
   48         incarcerated but does not meet specified criteria or
   49         is physically incapacitated; revising provisions
   50         relating to demonstration projects; providing an
   51         effective date.
   52  
   53         WHEREAS, although the number of children in foster care has
   54  been reduced in Florida, the length of time a child spends in
   55  foster care has increased, and
   56         WHEREAS, the focus of the Department of Children and Family
   57  Services, the Statewide Guardian Ad Litem Office, and the state
   58  court system should be the prevention of out-of-home placement
   59  of a child, the reduction of the length of stay in foster care,
   60  and the promotion of adoption as a viable alternative to out-of
   61  home placement, NOW, THEREFORE,
   62  
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. This act may be cited as the “Lambourg Keep
   66  Families United Act.”
   67         Section 2. Section 39.0142, Florida Statutes, is created to
   68  read:
   69         39.0142 Photographs and reports of child visits.—Subject to
   70  the availability of department-issued equipment, all
   71  caseworkers, guardian ad litem volunteers, and other department
   72  authorized volunteers must, upon any visitation, photograph the
   73  child and submit the photograph and report while at the site
   74  where the child is located. The report and photograph shall be
   75  transmitted immediately to all parties to the child’s case, the
   76  court, and any foster parents.
   77         Section 3. Paragraph (a) of subsection (2) of section
   78  39.5085, Florida Statutes, is amended to read:
   79         39.5085 Relative Caregiver Program.—
   80         (2)(a) The Department of Children and Family Services shall
   81  establish and operate the Relative Caregiver Program pursuant to
   82  eligibility guidelines established in this section as further
   83  implemented by rule of the department. The Relative Caregiver
   84  Program shall, within the limits of available funding, provide
   85  financial assistance to:
   86         1. Relatives who are within the fifth degree by blood or
   87  marriage to the parent or stepparent of a child and who are
   88  caring full-time for that dependent child in the role of
   89  substitute parent as a result of a court’s determination of
   90  child abuse, neglect, or abandonment and subsequent placement
   91  with the relative under this chapter.
   92         2. Relatives who are within the fifth degree by blood or
   93  marriage to the parent or stepparent of a child and who are
   94  caring full-time for that dependent child, and a dependent half
   95  brother or half-sister of that dependent child, in the role of
   96  substitute parent as a result of a court’s determination of
   97  child abuse, neglect, or abandonment and subsequent placement
   98  with the relative under this chapter.
   99  
  100  The placement may be court-ordered temporary legal custody to
  101  the relative under protective supervision of the department
  102  pursuant to s. 39.521(1)(b)3., or court-ordered placement in the
  103  home of a relative as a permanency option under s. 39.6221 or s.
  104  39.6231 or under former s. 39.622 if the placement was made
  105  before July 1, 2006. The Relative Caregiver Program shall offer
  106  financial assistance to caregivers who are relatives and who
  107  would be unable to serve in that capacity without the relative
  108  caregiver payment because of financial burden, thus exposing the
  109  child to the trauma of placement in a shelter or in foster care.
  110  An unmarried biological father, as defined in s. 63.032, is not
  111  considered a relative for purposes of this paragraph.
  112         Section 4. Paragraph (b) of subsection (1) and paragraph
  113  (r) of subsection (2) of section 39.521, Florida Statutes, are
  114  amended to read:
  115         39.521 Disposition hearings; powers of disposition.—
  116         (1) A disposition hearing shall be conducted by the court,
  117  if the court finds that the facts alleged in the petition for
  118  dependency were proven in the adjudicatory hearing, or if the
  119  parents or legal custodians have consented to the finding of
  120  dependency or admitted the allegations in the petition, have
  121  failed to appear for the arraignment hearing after proper
  122  notice, or have not been located despite a diligent search
  123  having been conducted.
  124         (b) When any child is adjudicated by a court to be
  125  dependent, the court having jurisdiction of the child has the
  126  power by order to:
  127         1. Require the parent and, when appropriate, the legal
  128  custodian and the child to participate in treatment and services
  129  identified as necessary. The court may require the person who
  130  has custody or who is requesting custody of the child to submit
  131  to a substance abuse assessment or evaluation. The assessment or
  132  evaluation must be administered by a qualified professional, as
  133  defined in s. 397.311. The court may also require such person to
  134  participate in and comply with treatment and services identified
  135  as necessary, including, when appropriate and available,
  136  participation in and compliance with a treatment-based drug
  137  court program established under s. 397.334. In addition to
  138  supervision by the department, the court, including the
  139  treatment-based drug court program, may oversee the progress and
  140  compliance with treatment by a person who has custody or is
  141  requesting custody of the child. When available, the court may
  142  direct the placement of the person who has custody or who is
  143  requesting custody of the child in a substance abuse facility in
  144  which the child may also reside as described in s. 39.816(2)(b).
  145  The court may impose appropriate available sanctions for
  146  noncompliance upon a person who has custody or is requesting
  147  custody of the child or make a finding of noncompliance for
  148  consideration in determining whether an alternative placement of
  149  the child is in the child’s best interests. Any order entered
  150  under this subparagraph may be made only upon good cause shown.
  151  This subparagraph does not authorize placement of a child with a
  152  person seeking custody of the child, other than the child’s
  153  parent or legal custodian, who requires substance abuse
  154  treatment.
  155         2. Require, if the court deems necessary, the parties to
  156  participate in dependency mediation.
  157         3. Require placement of the child either under the
  158  protective supervision of an authorized agent of the department
  159  in the home of one or both of the child’s parents or in the home
  160  of a relative of the child or another adult approved by the
  161  court, or in the custody of the department. Protective
  162  supervision continues until the court terminates it or until the
  163  child reaches the age of 18, whichever date is first. Protective
  164  supervision shall be terminated by the court whenever the court
  165  determines that permanency has been achieved for the child,
  166  whether with a parent, another relative, or a legal custodian,
  167  and that protective supervision is no longer needed. The
  168  termination of supervision may be with or without retaining
  169  jurisdiction, at the court’s discretion, and shall in either
  170  case be considered a permanency option for the child. The order
  171  terminating supervision by the department shall set forth the
  172  powers of the custodian of the child and shall include the
  173  powers ordinarily granted to a guardian of the person of a minor
  174  unless otherwise specified. Upon the court’s termination of
  175  supervision by the department, no further judicial reviews are
  176  required, so long as permanency has been established for the
  177  child.
  178         (2) The predisposition study must provide the court with
  179  the following documented information:
  180         (r) If the child has been removed from the home and will be
  181  remaining with a relative or other adult approved by the court,
  182  a home study report concerning the proposed placement shall be
  183  included in the predisposition report. Prior to recommending to
  184  the court any out-of-home placement for a child other than
  185  placement in a licensed shelter or foster home, the department
  186  shall conduct a study of the home of the proposed legal
  187  custodians, which must include, at a minimum:
  188         1. An interview with the proposed legal custodians to
  189  assess their ongoing commitment and ability to care for the
  190  child.
  191         2. Records checks through the Florida Abuse Hotline
  192  Information System (FAHIS), and local and statewide criminal and
  193  juvenile records checks through the Department of Law
  194  Enforcement, on all household members 12 years of age or older
  195  and any other persons made known to the department who are
  196  frequent visitors in the home. Out-of-state criminal records
  197  checks must be initiated for any individual designated above who
  198  has resided in a state other than Florida provided that state’s
  199  laws allow the release of these records. The out-of-state
  200  criminal records must be filed with the court within 5 days
  201  after receipt by the department or its agent.
  202         3. An assessment of the physical environment of the home.
  203         4. A determination of the financial security of the
  204  proposed legal custodians.
  205         5. A determination of suitable child care arrangements if
  206  the proposed legal custodians are employed outside of the home.
  207         6. Documentation of counseling and information provided to
  208  the proposed legal custodians regarding the dependency process
  209  and possible outcomes.
  210         7. Documentation that information regarding support
  211  services available in the community has been provided to the
  212  proposed legal custodians.
  213  
  214  The department may shall not place the child or continue the
  215  placement of the child in a home under shelter or
  216  postdisposition placement if the results of the home study are
  217  unfavorable, and the focus of the department’s efforts must
  218  immediately shift towards the child’s adoption unless another
  219  placement in compliance with this section can be found unless
  220  the court finds that this placement is in the child’s best
  221  interest.
  222  
  223  Any other relevant and material evidence, including other
  224  written or oral reports, may be received by the court in its
  225  effort to determine the action to be taken with regard to the
  226  child and may be relied upon to the extent of its probative
  227  value, even though not competent in an adjudicatory hearing.
  228  Except as otherwise specifically provided, nothing in this
  229  section prohibits the publication of proceedings in a hearing.
  230         Section 5. Subsections (1) and (2) of section 39.621,
  231  Florida Statutes, are amended and reordered to read:
  232         39.621 Permanency determination by the court.—
  233         (1) Time is of the essence for permanency of children in
  234  the dependency system. A permanency hearing must be held at such
  235  time as to enable the child to achieve permanency no later than
  236  12 months after the date the child was removed from the home or
  237  no later than 30 days after a court determines that reasonable
  238  efforts to return a child to either parent are not required,
  239  whichever occurs first. The purpose of the permanency hearing is
  240  to determine when the child will achieve the permanency goal or
  241  whether modifying the current goal is in the best interest of
  242  the child. A permanency hearing must be held at least every 12
  243  months for any child who continues to receive supervision from
  244  the department or awaits adoption.
  245         (2) The permanency goals available under this chapter,
  246  listed in order of preference, are:
  247         (a)(b) Adoption, if a petition for termination of parental
  248  rights has been or will be filed;
  249         (b)(a) Reunification;
  250         (c) Permanent guardianship of a dependent child under s.
  251  39.6221;
  252         (d) Permanent placement with a fit and willing relative
  253  under s. 39.6231; or
  254         (e) Placement in another planned permanent living
  255  arrangement under s. 39.6241.
  256         Section 6. Section 39.6215, Florida Statutes, is created to
  257  read:
  258         39.6215 Permanency; reporting; program funding.—
  259         (1) Each county shall report to the department, on a
  260  quarterly basis, the number of children entering care and the
  261  number of children achieving a permanency goal as listed in s.
  262  39.621(2).
  263         (2) Effective October 1, 2012, each quarter the department
  264  shall reduce funds allocated to a county for permanency-related
  265  programs for the next quarter based on the county’s percentage
  266  of children who entered the system in the corresponding quarter
  267  during the previous year for which data is available who failed
  268  to achieve permanency within a 12-month period.
  269         Section 7. Paragraph (a) of subsection (3) of section
  270  39.801, Florida Statutes, is amended to read:
  271         39.801 Procedures and jurisdiction; notice; service of
  272  process.—
  273         (3) Before the court may terminate parental rights, in
  274  addition to the other requirements set forth in this part, the
  275  following requirements must be met:
  276         (a) Notice of the date, time, and place of the advisory
  277  hearing for the petition to terminate parental rights and a copy
  278  of the petition must be personally served upon the following
  279  persons, specifically notifying them that a petition has been
  280  filed:
  281         1. The parents of the child.
  282         2. The legal custodians of the child.
  283         3. If the parents who would be entitled to notice are dead
  284  or unknown, a living relative of the child, unless upon diligent
  285  search and inquiry, to be completed within 90 days after the
  286  child enters into care, no such relative can be found.
  287         4. Any person who has physical custody of the child.
  288         5. Any grandparent entitled to priority for adoption under
  289  s. 63.0425.
  290         6. Any prospective parent who has been identified under s.
  291  39.503 or s. 39.803.
  292         7. The guardian ad litem for the child or the
  293  representative of the guardian ad litem program, if the program
  294  has been appointed.
  295  
  296  The document containing the notice to respond or appear must
  297  contain, in type at least as large as the type in the balance of
  298  the document, the following or substantially similar language:
  299  “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING
  300  CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF
  301  THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND
  302  TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE
  303  CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS
  304  NOTICE.”
  305         Section 8. Subsection (5) of section 39.803, Florida
  306  Statutes, is amended to read:
  307         39.803 Identity or location of parent unknown after filing
  308  of termination of parental rights petition; special procedures.—
  309         (5) If the inquiry under subsection (1) identifies a parent
  310  or prospective parent, and that person’s location is unknown,
  311  the court shall direct the petitioner to conduct a diligent
  312  search for that person before scheduling an adjudicatory hearing
  313  regarding the petition for termination of parental rights to the
  314  child unless the court finds that the best interest of the child
  315  requires proceeding without actual notice to the person whose
  316  location is unknown. If the person whose location is unknown is
  317  an unmarried biological father and the mother files an affidavit
  318  to that effect with 30 days after the child enters care, the
  319  diligent search may not exceed 60 days beyond the date the court
  320  accepts the affidavit.
  321         Section 9. Section 39.0136, Florida Statutes, is amended to
  322  read:
  323         39.0136 Time limitations; continuances.—
  324         (1) The Legislature finds that time is of the essence for
  325  establishing permanency for a child in the dependency system.
  326  Time limitations are a right of the child which may not be
  327  waived, extended, or continued at the request of any party
  328  except as provided in this section.
  329         (2) The time limitations in this chapter do not include:
  330         (a) Periods of delay resulting from a continuance granted
  331  at the request of the child’s counsel or the child’s guardian ad
  332  litem or, if the child is of sufficient capacity to express
  333  reasonable consent, at the request or with the consent of the
  334  child. The court must consider the best interests of the child
  335  when determining periods of delay under this section.
  336         (b) Periods of delay resulting from a continuance granted
  337  at the request of any party if the continuance is granted:
  338         1. Because of an unavailability of evidence that is
  339  material to the case if the requesting party has exercised due
  340  diligence to obtain evidence and there are substantial grounds
  341  to believe that the evidence will be available within 30 days.
  342  However, if the requesting party is not prepared to proceed
  343  within 30 days, any other party may move for issuance of an
  344  order to show cause or the court on its own motion may impose
  345  appropriate sanctions, which may include dismissal of the
  346  petition.
  347         2. To allow the requesting party additional time to prepare
  348  the case and additional time is justified because of an
  349  exceptional circumstance.
  350         (c) Reasonable periods of delay necessary to accomplish
  351  notice of the hearing to the child’s parent or legal custodian;
  352  however, the petitioner shall continue regular efforts to
  353  provide notice to the parents during the periods of delay.
  354         (3) Notwithstanding subsection (2):,
  355         (a) In order to expedite permanency for a child, the total
  356  time allowed for continuances or extensions of time may not
  357  exceed 60 days within any 12-month period for proceedings
  358  conducted under this chapter. A continuance or extension of time
  359  may be granted only for extraordinary circumstances in which it
  360  is necessary to preserve the constitutional rights of a party or
  361  if substantial evidence exists to demonstrate that without
  362  granting a continuance or extension of time the child’s best
  363  interests will be harmed.
  364         (b)(4)Notwithstanding subsection (2), A continuance or an
  365  extension of time is limited to the number of days absolutely
  366  necessary to complete a necessary task in order to preserve the
  367  rights of a party or the best interests of a child.
  368         Section 10. Subsections (2) and (5) of section 39.809,
  369  Florida Statutes, are amended to read:
  370         39.809 Adjudicatory hearing.—
  371         (2) The adjudicatory hearing must be held within 45 days
  372  after the advisory hearing on a schedule consistent with the
  373  time required for a final order under subsection (5)., but
  374  reasonable Continuances for the purpose of investigation,
  375  discovery, or procuring counsel or witnesses may, when
  376  necessary, be granted only when consistent with s. 39.0136(3)(b)
  377  and consistent with the time required for a final order under
  378  subsection (5).
  379         (5) The judge shall enter a written order with the findings
  380  of fact and conclusions of law within 90 days after completion
  381  of service on all parties.
  382         Section 11. Section 39.8056, Florida Statutes, is created
  383  to read:
  384         39.8056 Foster parents; effect of petition.—If foster
  385  parents have been approved after a home study to adopt a foster
  386  child, the child shall be placed with the foster parents upon
  387  the filing of the termination of parental rights petition and
  388  shall reside with the foster parents until disposition of the
  389  petition.
  390         Section 12. Subsection (4) of section 39.812, Florida
  391  Statutes, is amended to read:
  392         39.812 Postdisposition relief; petition for adoption.—
  393         (4)(a) The court shall retain jurisdiction over any child
  394  placed in the custody of the department until the child is
  395  adopted. After custody of a child for subsequent adoption has
  396  been given to the department, the court has jurisdiction for the
  397  purpose of reviewing the status of the child and the progress
  398  being made toward permanent adoptive placement. As part of this
  399  continuing jurisdiction, for good cause shown by the guardian ad
  400  litem for the child, the court may review the appropriateness of
  401  the adoptive placement of the child. When a licensed foster
  402  parent or court-ordered custodian has applied to adopt a child
  403  who has resided with the foster parent or custodian for at least
  404  6 months and who has previously been permanently committed to
  405  the legal custody of the department and the department does not
  406  grant the application to adopt, the department may not, in the
  407  absence of a prior court order authorizing it to do so, remove
  408  the child from the foster home or custodian, except when:
  409         1.(a) There is probable cause to believe that the child is
  410  at imminent risk of abuse or neglect;
  411         2.(b) Thirty days have expired following written notice to
  412  the foster parent or custodian of the denial of the application
  413  to adopt, within which period no formal challenge of the
  414  department’s decision has been filed; or
  415         3.(c) The foster parent or custodian agrees to the child’s
  416  removal.
  417         (b) After a child has been placed with a licensed foster
  418  parent or court-ordered custodian who has applied to adopt the
  419  child, that child may not be removed from that home except as
  420  provided in paragraph (a). Such a child is not subject to
  421  visitation unless there is a preexisting visitation arrangement.
  422         Section 13. Section 39.816, Florida Statutes, is amended to
  423  read:
  424         39.816 Authorization for pilot and demonstration projects.—
  425         (1) Contingent upon receipt of a federal grant or contract
  426  pursuant to s. 473A(i) of the Social Security Act, 42 U.S.C. s.
  427  673A(i), enacted November 19, 1997, the department is authorized
  428  to establish one or more pilot projects for the following
  429  purposes:
  430         (a) The development of best practice guidelines for
  431  expediting termination of parental rights in cases of child
  432  abuse, abandonment, or neglect if the family is unable to meet
  433  the requirements of a plan of action established by the child
  434  protection team. However, a parent who is incarcerated but does
  435  not meet the criteria established under s. 39.806(1)(d) or a
  436  parent who is physically incapacitated shall be granted an
  437  extension of up to 180 days after the presentation of the plan
  438  of action before the department files a petition for termination
  439  of parental rights.
  440         (b) The development of models to encourage the use of
  441  concurrent planning.
  442         (c) The development of specialized units and expertise in
  443  moving children toward adoption as a permanency goal.
  444         (d) The development of risk assessment tools to facilitate
  445  early identification of the children who will be at risk of harm
  446  if returned home.
  447         (e) The development of models to encourage the fast
  448  tracking of children who have not attained 1 year of age, into
  449  preadoptive placements.
  450         (f) The development of programs that place children into
  451  preadoptive families without waiting for termination of parental
  452  rights.
  453         (2) Contingent upon receipt of federal authorization and
  454  funding pursuant to s. 1130(a) of the Social Security Act, 42
  455  U.S.C. s. 1320a-9, enacted November 19, 1997, the department is
  456  authorized to establish one or more demonstration projects for
  457  the following purposes:
  458         (a) Identifying and addressing barriers that result in
  459  delays to adoptive placements for children in out-of-home care.
  460         (b) Identifying and addressing parental substance abuse
  461  problems that endanger children and result in the placement of
  462  children in out-of-home care. This purpose may be accomplished
  463  through the placement of children with their parents in
  464  residential treatment facilities, including residential
  465  treatment facilities for postpartum depression, that are
  466  specifically designed to serve parents and children together, in
  467  order to promote family reunification, and that can ensure the
  468  health and safety of the children by providing a separate unit
  469  in which the children may reside.
  470         (c) Addressing kinship care by including next of kin, as
  471  defined in s. 39.01, in the early intervention and
  472  decisionmaking process. An unmarried biological father, as
  473  defined in s. 63.032, is not considered next of kin for purposes
  474  of this paragraph.
  475         (d) In cases in which danger to the child is not imminent,
  476  developing a 90-day early intervention process that includes all
  477  family members except children under the age of 13 and is
  478  developed in collaboration with representatives of the
  479  department, the state Guardian Ad Litem Program, and a private
  480  attorney representing the family.
  481         Section 14. This act shall take effect July 1, 2011.

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