Bill Text: FL S1860 | 2010 | Regular Session | Introduced
Bill Title: Attorney Representation for Children [SPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Children, Families, and Elder Affairs [S1860 Detail]
Download: Florida-2010-S1860-Introduced.html
Florida Senate - 2010 SB 1860
By Senator Altman
24-00812-10 20101860__
1 A bill to be entitled
2 An act relating to attorney representation for
3 children; amending s. 28.24, F.S.; requiring that the
4 clerk of the court provide public records at no charge
5 to an attorney appointed to represent a child;
6 amending s. 39.001, F.S.; adding the promotion and
7 protection of legal rights to the list of protections
8 provided to children; amending s. 39.0016, F.S.;
9 authorizing the court to appoint a guardian ad litem
10 or attorney to advocate for a child in school matters;
11 amending s. 39.01, F.S.; defining the term “attorney
12 for the child”; redefining the term “party”; amending
13 s. 39.0136, F.S.; conforming terms to changes made by
14 the act; amending s. 39.0139, F.S.; substituting an
15 attorney for an attorney ad litem to act on behalf of
16 a child in certain proceedings; amending s. 39.302,
17 F.S.; conforming a cross-reference; amending s.
18 39.402, F.S.; conforming terms to changes made by the
19 act; amending s. 39.407, F.S.; substituting an
20 attorney for an attorney ad litem; requiring the court
21 to appoint an attorney for the child before
22 involuntary placement of the child; requiring that the
23 child’s attorney be provided with the child’s records
24 and reports; amending s. 39.4085, F.S.; adding the
25 requirement of informing a child about attorney
26 representation to the list of goals for children in
27 shelter or foster care; substituting an attorney for
28 an attorney ad litem in such cases; repealing s.
29 39.4086, F.S., relating to the pilot program for
30 attorneys ad litem for dependent children; amending s.
31 39.502, F.S.; requiring an attorney for the child to
32 receive all notices and subpoenas relating to the
33 child; amending s. 39.801, F.S.; deleting the
34 requirement that a grandparent receive notice of a
35 hearing on the petition to terminate parental rights,
36 but requiring that the attorney for the child receive
37 such notice; amending ss. 39.806 and 39.828, F.S.;
38 conforming cross-references; amending s. 39.8296,
39 F.S.; deleting references to the attorney ad litem
40 program and obsolete provisions; providing a directive
41 to the Division of Statutory Revision; creating s.
42 39.8501, F.S.; providing that a child has a right to
43 participate in all proceedings under ch. 39, F.S., and
44 to receive notice of his or her right to attend
45 hearings; providing an exception; creating s. 39.8502,
46 F.S.; providing that a child has a right to attorney
47 representation in proceedings; requesting that the
48 Florida Supreme Court adopt rules relating to attorney
49 requirements; creating s. 39.8503, F.S.; requiring
50 that the child’s attorney have access to the child and
51 all information relating to the child; creating s.
52 39.8504, F.S.; providing for the appointment of an
53 attorney for the child; requiring an attorney to be
54 appointed under certain circumstances and by the court
55 on its own motion; amending s. 43.16, F.S.; adding the
56 administration of the Children’s Legal Representation
57 Act to the Justice Administrative Commission’s list of
58 duties; creating s. 43.50, F.S.; providing a short
59 title; creating s. 43.51, F.S.; providing legislative
60 intent with respect to providing legal representation
61 to children; creating s. 43.52, F.S.; requiring the
62 commission to contract with not-for-profit
63 corporations for the distribution of funds and the
64 legal representation of children; providing the
65 requirements for such contracts; creating s. 43.53,
66 F.S.; providing for accountability; creating s. 43.54,
67 F.S.; providing state support to the contracted
68 organizations; amending s. 61.401, F.S.; permitting an
69 attorney who has been appointed as a guardian ad litem
70 in a dissolution of marriage proceeding to represent
71 himself or herself; amending s. 63.142, F.S.;
72 providing for the court appointment of an attorney for
73 the child in an adoption proceeding; amending s.
74 63.0425, F.S.; conforming a cross-reference; amending
75 s. 393.125, F.S.; providing for the court appointment
76 of an attorney for a developmentally disabled child in
77 an administrative hearing; amending s. 394.463, F.S.;
78 providing for the court appointment of an attorney for
79 a minor being held for an involuntary mental health
80 examination; amending s. 397.681, F.S.; providing for
81 the court appointment of an attorney for a minor being
82 involuntarily examined for substance abuse; amending
83 s. 731.303, F.S.; providing for the court appointment
84 of an attorney for a child in probate proceedings;
85 amending s. 741.2902, F.S.; providing for the court to
86 consider appointing an attorney for a child in
87 injunctive proceedings relating to domestic violence;
88 amending s. 742.031, F.S.; providing for the court
89 appointment of an attorney for a child during
90 paternity hearings; amending s. 914.17, F.S.;
91 providing for the court appointment of an attorney for
92 a child witness or victim during criminal proceedings;
93 amending s. 984.17, F.S.; providing for the court
94 appointment of an attorney for a child in need of
95 services; amending s. 985.033, F.S.; providing for the
96 court appointment of an attorney or guardian ad litem
97 for a child in delinquency proceedings; amending s.
98 20.195, F.S.; conforming a cross-reference; providing
99 an effective date.
100
101 Be It Enacted by the Legislature of the State of Florida:
102
103 Section 1. Section 28.24, Florida Statutes, is amended to
104 read:
105 28.24 Service charges by clerk of the circuit court.—The
106 clerk of the circuit court shall charge for services rendered by
107 the clerk’s office in recording documents and instruments and in
108 performing the duties enumerated in amounts that do not to
109 exceed those specified in this section. However notwithstanding
110 any other provision of this section, the clerk of the circuit
111 court shall provide access to and a copy of a public record
112 without charge to the state attorney;, public defender;,
113 guardian ad litem;, public guardian;, attorney ad litem;,
114 attorney for a child appointed pursuant to ss. 43.51-43.54;
115 criminal conflict and civil regional counsel;, and private
116 court-appointed counsel paid by the state;, and to the
117 authorized staff acting on behalf of such persons each, access
118 to and a copy of any public record, if the requesting party is
119 entitled by law to view the exempt or confidential record, as
120 maintained by and in the custody of the clerk of the circuit
121 court as provided by in general law and the Florida Rules of
122 Judicial Administration. The clerk of the circuit court may
123 provide the requested public record in an electronic format in
124 lieu of a paper format if the electronic record can be when
125 capable of being accessed by the requesting entity.
126
127 Charges
128 (1) For examining, comparing, correcting, verifying, and
129 certifying transcripts of record in appellate proceedings,
130 prepared by attorney for appellant or someone else other than
131 clerk, per page.............................................5.00
132 (2) For preparing, numbering, and indexing an original
133 record of appellate proceedings, per instrument.............3.50
134 (3) For certifying copies of any instrument in the public
135 records.....................................................2.00
136 (4) For verifying any instrument presented for
137 certification prepared by someone other than clerk, per page3.50
138 (5)(a) For making copies by photographic process of any
139 instrument in the public records:
140 (a) Consisting of pages of not more than 14 inches by 8 1/2
141 inches, per page............................................1.00
142 (b) Consisting of pages For making copies by photographic
143 process of any instrument in the public records of more than 14
144 inches by 8 1/2 inches, per page............................5.00
145 (6) For making microfilm copies of any public records:
146 (a) 16 mm 100′ microfilm roll.......................42.00
147 (b) 35 mm 100′ microfilm roll.......................60.00
148 (c) Microfiche, per fiche............................3.50
149 (7) For copying any instrument in the public records by
150 other than photographic process, per page...................6.00
151 (8) For writing any paper other than herein specifically
152 mentioned, same as for copying, including signing and
153 sealing.....................................................7.00
154 (9) For indexing each entry not recorded.............1.00
155 (10) For receiving money into the registry of court:
156 (a)1. First $500, percent...............................3
157 2. Each subsequent $100, percent......................1.5
158 (b) Eminent domain actions, per deposit............170.00
159 (11) For examining, certifying, and recording plats and for
160 recording condominium exhibits larger than 14 inches by 8 1/2
161 inches:
162 (a) First page......................................30.00
163 (b) Each additional page............................15.00
164 (12) For recording, indexing, and filing any instrument not
165 more than 14 inches by 8 1/2 inches, including required notice
166 to property appraiser where applicable:
167 (a) First page or fraction thereof...................5.00
168 (b) Each additional page or fraction thereof.........4.00
169 (c) For indexing instruments recorded in the official
170 records which contain more than four names, per additional
171 name........................................................1.00
172 (d) An additional service charge shall be paid to the clerk
173 of the circuit court and to be deposited in the Public Records
174 Modernization Trust Fund for each instrument listed in s.
175 28.222, except judgments received from the courts and notices of
176 lis pendens, recorded in the official records:
177 1. First page........................................1.00
178 2. Each additional page..............................0.50
179
180 The Said fund shall be held in trust by the clerk and used
181 exclusively for equipment and maintenance of equipment,
182 personnel training, and technical assistance in modernizing the
183 public records system of the office. In a county where the duty
184 of maintaining official records exists in an office other than
185 the office of the clerk of the circuit court, the clerk of the
186 circuit court is entitled to 25 percent of the moneys deposited
187 into the trust fund for equipment, maintenance of equipment,
188 training, and technical assistance in modernizing the system for
189 storing records in the clerk’s office of the clerk of the
190 circuit court. The fund may not be used for the payment of
191 travel expenses, membership dues, bank charges, staff
192 recruitment costs, salaries or benefits of employees,
193 construction costs, general operating expenses, or other costs
194 not directly related to obtaining and maintaining equipment for
195 public records systems or for the purchase of furniture or
196 office supplies and equipment not related to the storage of
197 records. On or before December 1, 1995, and on or before
198 December 1 of each year immediately preceding the each year
199 during which the trust fund is scheduled for legislative review
200 under s. 19(f)(2), Art. III of the State Constitution, each
201 clerk of the circuit court shall file a report on the Public
202 Records Modernization Trust Fund with the President of the
203 Senate and the Speaker of the House of Representatives. The
204 report must itemize each expenditure made from the trust fund
205 since the last report was filed; each obligation payable from
206 the trust fund on that date; and the percentage of funds
207 expended for each of the following: equipment, maintenance of
208 equipment, personnel training, and technical assistance. The
209 report must indicate the nature of the system each clerk uses to
210 store, maintain, and retrieve public records and the degree to
211 which the system has been upgraded since the creation of the
212 trust fund.
213 (e) An additional service charge of $4 per page shall be
214 paid to the clerk of the circuit court for each instrument
215 listed in s. 28.222, except judgments received from the courts
216 and notices of lis pendens, recorded in the official records.
217 From the additional $4 service charge collected:
218 1. If the counties maintain legal responsibility for the
219 costs of the court-related technology needs, as defined in s.
220 29.008(1)(f)2. and (h), 10 cents shall be distributed to the
221 Florida Association of Court Clerks and Comptroller, Inc., for
222 the cost of the development, implementation, operation, and
223 maintenance of the clerks’ Comprehensive Case Information
224 System, in which system all clerks shall participate on or
225 before January 1, 2006; $1.90 shall be retained by the clerk to
226 be deposited in the Public Records Modernization Trust Fund and
227 used exclusively for funding the court-related technology needs
228 of the clerk as defined in s. 29.008(1)(f)2. and (h); and $2
229 shall be distributed to the board of county commissioners to be
230 used exclusively to fund the court-related technology, and court
231 technology needs of as defined in s. 29.008(1)(f)2. and (h) for
232 the state trial courts, state attorney, public defender, and
233 criminal conflict and civil regional counsel in that county. If
234 the counties maintain legal responsibility for the costs of the
235 court-related technology needs as defined in s. 29.008(1)(f)2.
236 and (h), Notwithstanding any other provision of law, the county
237 is not required to provide additional funding beyond that
238 provided herein for the court-related technology needs of the
239 clerk as defined in s. 29.008(1)(f)2. and (h). All court records
240 and official records are the property of the state of Florida,
241 including any records generated as part of the Comprehensive
242 Case Information System funded pursuant to this paragraph and
243 the clerk of court is designated as the custodian of such
244 records, except in a county where the duty of maintaining
245 official records exists in a county office other than the clerk
246 of court or comptroller, such county office is designated the
247 custodian of all official records, and the clerk of court is
248 designated the custodian of all court records. The clerk of
249 court or any entity acting on behalf of the clerk of court,
250 including an association, may shall not charge a fee to any
251 agency as defined in s. 119.011, the Legislature, or the State
252 Court System for copies of records generated by the
253 Comprehensive Case Information System or held by the clerk of
254 court or any entity acting on behalf of the clerk of court,
255 including an association.
256 2. If the state becomes legally responsible for the costs
257 of court-related technology needs as defined in s.
258 29.008(1)(f)2. and (h), whether by operation of general law or
259 by court order, $4 shall be remitted to the Department of
260 Revenue for deposit into the General Revenue Fund.
261 (13) Oath, administering, attesting, and sealing, not
262 otherwise provided for herein...............................3.50
263 (14) For validating certificates, any authorized bonds,
264 each........................................................3.50
265 (15) For preparing affidavit of domicile.............5.00
266 (16) For exemplified certificates, including signing and
267 sealing.....................................................7.00
268 (17) For authenticated certificates, including signing and
269 sealing.....................................................7.00
270 (18)(a) For issuing and filing a subpoena for a witness,
271 not otherwise provided for herein (includes writing, preparing,
272 signing, and sealing).......................................7.00
273 (b) For signing and sealing only.....................2.00
274 (19) For approving bond..............................8.50
275 (20) For searching of records, for each year’s search2.00
276 (21) For processing an application for a tax deed sale
277 (includes application, sale, issuance, and preparation of tax
278 deed, and disbursement of proceeds of sale), other than excess
279 proceeds...................................................60.00
280 (22) For disbursement of excess proceeds of tax deed sale,
281 first $100 or fraction thereof.............................10.00
282 (23) Upon receipt of an application for a marriage license,
283 for preparing and administering of oath; issuing, sealing, and
284 recording of the marriage license; and providing a certified
285 copy.......................................................30.00
286 (24) For solemnizing matrimony......................30.00
287 (25) For sealing any court file or expungement of any
288 record.....................................................42.00
289 (26)(a) For receiving and disbursing all restitution
290 payments, per payment.......................................3.50
291 (b) For receiving and disbursing all partial payments,
292 other than restitution payments, for which an administrative
293 processing service charge is not imposed pursuant to s. 28.246,
294 per month...................................................5.00
295 (c) For setting up a payment plan, a one-time
296 administrative processing charge in lieu of a per month charge
297 under paragraph (b)........................................25.00
298 (27) Postal charges incurred by the clerk of the circuit
299 court in any mailing by certified or registered mail shall be
300 paid by the party at whose instance the mailing is made.
301 (28) For furnishing an electronic copy of information
302 contained in a computer database: a fee as provided for in
303 chapter 119.
304 Section 2. Paragraph (i) is added to subsection (3) of
305 section 39.001, Florida Statutes, to read:
306 39.001 Purposes and intent; personnel standards and
307 screening.—
308 (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
309 the Legislature that the children of this state be provided with
310 the following protections:
311 (i) Promotion and protection of their legal rights.
312 Section 3. Subsection (5) is added to section 39.0016,
313 Florida Statutes, to read:
314 39.0016 Education of abused, neglected, and abandoned
315 children; agency agreements; children having or suspected of
316 having a disability.—
317 (5) ADVOCACY.—Upon request, the court may appoint a
318 guardian ad litem or an attorney to advocate for a child known
319 to the department in school matters, including disciplinary
320 actions and issues relating to exceptional student education.
321 Section 4. Present subsections (9) through (76) of section
322 39.01, Florida Statutes, are renumbered as subsections (10)
323 through (77), respectively, a new subsection (9) is added to
324 that section, and present subsection (51) of that section is
325 amended, to read:
326 39.01 Definitions.—When used in this chapter, unless the
327 context otherwise requires:
328 (9) “Attorney for the child” means an attorney who provides
329 direct legal representation to a child.
330 (52)(51) “Party” means the parent or parents of the child,
331 the petitioner, the department, the guardian ad litem or the
332 representative of the guardian ad litem program if when the
333 program has been appointed, and the child. The presence of the
334 child may be excused by order of the court when presence would
335 not be in the child’s best interest. Notice to the child may be
336 excused by order of the court when the age, capacity, or other
337 condition of the child is such that the notice would be
338 meaningless or detrimental to the child.
339 Section 5. Paragraph (a) of subsection (2) of section
340 39.0136, Florida Statutes, is amended to read:
341 39.0136 Time limitations; continuances.—
342 (2) The time limitations in this chapter do not include:
343 (a) Periods of delay resulting from a continuance granted
344 at the request of the attorney for the child child’s counsel or
345 the child’s guardian ad litem or, if the child is of sufficient
346 capacity to express reasonable consent, at the request or with
347 the consent of the child. The court must consider the best
348 interests of the child when determining periods of delay under
349 this section.
350 Section 6. Paragraph (a) of subsection (4) of section
351 39.0139, Florida Statutes, is amended to read:
352 39.0139 Visitation or other contact; restrictions.—
353 (4) HEARINGS.—A person who meets any of the criteria set
354 forth in paragraph (3)(a) may visit or have other contact with a
355 child only after a hearing and an order by the court that allows
356 the visitation or other contact. At such a hearing:
357 (a) The court must appoint an attorney ad litem or a
358 guardian ad litem or attorney for the child if one has not
359 already been appointed. The Any attorney ad litem or guardian ad
360 litem or attorney must appointed shall have special training in
361 the dynamics of child sexual abuse.
362 Section 7. Subsection (1) of section 39.302, Florida
363 Statutes, is amended to read:
364 39.302 Protective investigations of institutional child
365 abuse, abandonment, or neglect.—
366 (1) The department shall conduct a child protective
367 investigation of each report of institutional child abuse,
368 abandonment, or neglect. Upon receipt of a report that alleges
369 that an employee or agent of the department listed in s.
370 39.01(34), or any other person responsible for a child’s welfare
371 covered under s. 39.01(48) entity or person covered by s.
372 39.01(33) or (47), acting in an official capacity, has committed
373 an act of child abuse, abandonment, or neglect, the department
374 shall initiate a child protective investigation within the
375 timeframe established under s. 39.201(5) and orally notify the
376 appropriate state attorney, law enforcement agency, and
377 licensing agency, which shall immediately conduct a joint
378 investigation, unless independent investigations are more
379 feasible. When conducting investigations onsite or having face
380 to-face interviews with the child, investigation visits shall be
381 unannounced unless it is determined by the department or its
382 agent that unannounced visits threaten the safety of the child.
383 If a facility is exempt from licensing, the department shall
384 inform the owner or operator of the facility of the report. Each
385 agency conducting a joint investigation is entitled to full
386 access to the information gathered by the department in the
387 course of the investigation. A protective investigation must
388 include an onsite visit of the child’s place of residence. The
389 department shall make a full written report to the state
390 attorney within 3 working days after making the oral report. A
391 criminal investigation shall be coordinated, whenever possible,
392 with the child protective investigation of the department. Any
393 interested person who has information regarding the offenses
394 described in this subsection may forward a statement to the
395 state attorney as to whether prosecution is warranted and
396 appropriate. Within 15 days after the completion of the
397 investigation, the state attorney shall report the findings to
398 the department and shall include in the report a determination
399 of whether or not prosecution is justified and appropriate in
400 view of the circumstances of the specific case.
401 Section 8. Paragraph (a) of subsection (14) of section
402 39.402, Florida Statutes, is amended to read:
403 39.402 Placement in a shelter.—
404 (14) The time limitations in this section do not include:
405 (a) Periods of delay resulting from a continuance granted
406 at the request or with the consent of the attorney for the child
407 child’s counsel or the child’s guardian ad litem, if one has
408 been appointed by the court, or, if the child is of sufficient
409 capacity to express reasonable consent, at the request or with
410 the consent of the child’s attorney or the child’s guardian ad
411 litem, if one has been appointed by the court, and the child.
412 Section 9. Paragraph (f) of subsection (3) and subsection
413 (6) of section 39.407, Florida Statutes, are amended to read:
414 39.407 Medical, psychiatric, and psychological examination
415 and treatment of child; physical, mental, or substance abuse
416 examination of person with or requesting child custody.—
417 (3)
418 (f)1. The department shall fully inform the court of the
419 child’s medical and behavioral status as part of the social
420 services report prepared for each judicial review hearing held
421 for a child for whom psychotropic medication has been prescribed
422 or provided under this subsection. As a part of the information
423 provided to the court, the department shall furnish copies of
424 all pertinent medical records concerning the child which have
425 been generated since the previous hearing.
426 1. On its own motion or for on good cause shown by any
427 party, including any guardian ad litem, attorney, or attorney ad
428 litem who has been appointed to represent the child or the
429 child’s interests, the court may review the child’s status more
430 frequently than required under in this subsection.
431 2. The court may, in the best interests of the child, order
432 the department to obtain a medical opinion addressing whether
433 the continued use of the medication under the circumstances is
434 safe and medically appropriate under the circumstances.
435 (6) Children who are in the legal custody of the department
436 may be placed by the department, without prior approval of the
437 court, in a residential treatment center licensed under s.
438 394.875 or a hospital licensed under chapter 395 for residential
439 mental health treatment only pursuant to this section or may be
440 placed by the court in accordance with an order of involuntary
441 examination or involuntary placement entered pursuant to s.
442 394.463 or s. 394.467. Before placement, the court must appoint
443 an attorney for the child. A guardian ad litem must be appointed
444 for each child All children placed for in a residential
445 treatment program under this subsection must have a guardian ad
446 litem appointed.
447 (a) As used in this subsection, the term:
448 1. “Residential treatment” means placement for observation,
449 diagnosis, or treatment of an emotional disturbance in a
450 residential treatment center licensed under s. 394.875 or a
451 hospital licensed under chapter 395.
452 2. “Least restrictive alternative” means the treatment and
453 conditions of treatment which that, separately and in
454 combination, are no more intrusive or restrictive of freedom
455 than reasonably necessary to achieve a substantial therapeutic
456 benefit or to protect the child or adolescent or others from
457 physical injury.
458 3. “Suitable for residential treatment” or “suitability”
459 means a determination concerning a child or adolescent who has
460 with an emotional disturbance as defined in s. 394.492(5) or a
461 serious emotional disturbance as defined in s. 394.492(6) that
462 each of the following criteria is met:
463 a. The child requires residential treatment.
464 b. The child is in need of a residential treatment program
465 and is expected to benefit from mental health treatment.
466 c. An appropriate, less restrictive alternative to
467 residential treatment is unavailable.
468 (b) If Whenever the department believes that a child in its
469 legal custody is emotionally disturbed and may need residential
470 treatment, an examination and suitability assessment must be
471 conducted by a qualified evaluator who is appointed by the
472 Agency for Health Care Administration. The This suitability
473 assessment must be completed before the placement of the child
474 in a residential treatment center for emotionally disturbed
475 children and adolescents or a hospital. The qualified evaluator
476 must be a psychiatrist or a psychologist licensed in this state
477 Florida who has at least 3 years of experience in the diagnosis
478 and treatment of serious emotional disturbances in children and
479 adolescents and who has no actual or perceived conflict of
480 interest with any inpatient facility or residential treatment
481 center or program.
482 (c) Before a child is admitted under this subsection, the
483 child shall be assessed for suitability for residential
484 treatment by a qualified evaluator who has conducted a personal
485 examination and evaluation assessment of the child and has made
486 written findings that:
487 1. The child appears to have an emotional disturbance
488 serious enough to require residential treatment and is
489 reasonably likely to benefit from the treatment.
490 2. The child has been provided with a clinically
491 appropriate explanation of the nature and purpose of the
492 treatment.
493 3. All available modalities of treatment less restrictive
494 than residential treatment have been considered, and a less
495 restrictive alternative that would offer comparable benefits to
496 the child is unavailable.
497
498 A copy of the written findings of the evaluation and suitability
499 assessment must be provided to the department, and to the
500 guardian ad litem, and the attorney for the child, who shall
501 have the opportunity to discuss the findings with the evaluator.
502 (d) Immediately upon placing a child in a residential
503 treatment program under this section, the department must notify
504 the guardian ad litem, the attorney for the child, and the court
505 having jurisdiction over the child and must provide each the
506 guardian ad litem and the court with a copy of the suitability
507 assessment by the qualified evaluator.
508 (e) Within 10 days after the admission of a child to a
509 residential treatment program, the director of the residential
510 treatment program or the director’s designee must ensure that an
511 individualized plan of treatment has been prepared by the
512 program and has been explained to the child, to the attorney for
513 the child, to the department, and to the guardian ad litem, and
514 submitted to the department. The child must be involved in the
515 preparation of the plan to the maximum extent feasible extent
516 consistent with his or her ability to understand and
517 participate, and the guardian ad litem and the child’s foster
518 parents must be involved to the maximum extent consistent with
519 the child’s treatment needs. The plan must include a preliminary
520 plan for residential treatment and aftercare upon completion of
521 residential treatment. The plan must include specific behavioral
522 and emotional goals against which the success of the residential
523 treatment may be measured. A copy of the plan must be provided
524 to the child, to the attorney for the child, to the guardian ad
525 litem, and to the department.
526 (f) Within 30 days after admission, the residential
527 treatment program must review the appropriateness and
528 suitability of the child’s placement in the program. The
529 residential treatment program must determine whether the child
530 is receiving benefit toward the treatment goals and whether the
531 child could be treated in a less restrictive treatment program.
532 The residential treatment program shall prepare a written report
533 of its findings and submit the report to the guardian ad litem,
534 to the attorney for the child, and to the department. The
535 department must submit the report to the court. The report must
536 include a discharge plan for the child. The residential
537 treatment program must continue to evaluate the child’s
538 treatment progress every 30 days thereafter and must include its
539 findings in a written report submitted to the department. The
540 department may not reimburse a facility until the facility has
541 submitted every written report that is due.
542 (g)1. The department must submit, At the beginning of each
543 month, the department must submit to the court having
544 jurisdiction over the child, a written report regarding the
545 child’s progress toward achieving the goals specified in the
546 individualized plan of treatment to the court having
547 jurisdiction over the child.
548 2. The court must conduct a hearing to review the status of
549 the child’s residential treatment plan within no later than 3
550 months after the child’s admission to the residential treatment
551 program. An independent review of the child’s progress toward
552 achieving the goals and objectives of the treatment plan must be
553 completed by a qualified evaluator and submitted to the court
554 before its 3-month review.
555 3. For any child in residential treatment at the time a
556 judicial review is held pursuant to s. 39.701, the child’s
557 continued placement in residential treatment must be a subject
558 of the judicial review.
559 4. If at any time the court determines that the child is
560 not suitable for continued residential treatment, the court
561 shall order the department to place the child in the least
562 restrictive setting that is best suited to meet his or her
563 needs.
564 5.(h) After the initial 3-month review, the court must
565 conduct a review of the child’s residential treatment plan every
566 90 days.
567 (h)(i) The department shall must adopt rules for
568 implementing timeframes for the completion of suitability
569 assessments by qualified evaluators and a procedure that
570 includes timeframes for completing the 3-month independent
571 review by the qualified evaluators of the child’s progress
572 toward achieving the goals and objectives of the treatment plan
573 which review must be submitted to the court. The Agency for
574 Health Care Administration must adopt rules for the registration
575 of qualified evaluators, the procedure for selecting the
576 evaluators to conduct the reviews required under this section,
577 and a reasonable, cost-efficient fee schedule for qualified
578 evaluators.
579 Section 10. Subsection (20) of section 39.4085, Florida
580 Statutes, is amended to read:
581 39.4085 Legislative findings and declaration of intent for
582 goals for dependent children.—The Legislature finds and declares
583 that the design and delivery of child welfare services should be
584 directed by the principle that the health and safety of children
585 should be of paramount concern and, therefore, establishes the
586 following goals for children in shelter or foster care:
587 (20) To have a guardian ad litem appointed to represent,
588 within reason, their best interests and, where appropriate, an
589 attorney ad litem appointed to represent their legal interests,
590 and to inform them about such representation and when
591 representation is required; the guardian ad litem and attorney
592 ad litem shall have immediate and unlimited access to the
593 children they represent.
594 (21) To have all their records available for review by
595 their guardian ad litem and attorney ad litem if they deem such
596 review necessary.
597
598 The provisions of this section establish goals and not rights.
599 Nothing in this section shall be interpreted as requiring the
600 delivery of any particular service or level of service in excess
601 of existing appropriations. No person shall have a cause of
602 action against the state or any of its subdivisions, agencies,
603 contractors, subcontractors, or agents, based upon the adoption
604 of or failure to provide adequate funding for the achievement of
605 these goals by the Legislature. Nothing herein shall require the
606 expenditure of funds to meet the goals established herein except
607 funds specifically appropriated for such purpose.
608 Section 11. Section 39.4086, Florida Statutes, is repealed.
609 Section 12. Subsections (12), (13), and (17) of section
610 39.502, Florida Statutes, are amended to read:
611 39.502 Notice, process, and service.—
612 (12) All process and orders issued by the court shall be
613 served or executed as other process and orders of the circuit
614 court and, in addition, may be served or executed by authorized
615 agents of the department, the attorney for the child, or the
616 guardian ad litem.
617 (13) Subpoenas may be served within the state by any person
618 over 18 years of age who is not a party to the proceeding and,
619 in addition, may be served by authorized agents of the
620 department, the attorney for the child, or the guardian ad
621 litem.
622 (17) The parent or legal custodian of the child, the
623 attorney for the department, the attorney for the child, the
624 guardian ad litem, the foster or preadoptive parents, and all
625 other parties and participants shall be given reasonable notice
626 of all proceedings and hearings provided for under this part.
627 All foster or preadoptive parents must be provided with at least
628 72 hours’ notice, verbally or in writing, of all proceedings or
629 hearings relating to children in their care or children they are
630 seeking to adopt to ensure the ability to provide input to the
631 court.
632 Section 13. Paragraph (a) of subsection (3) of section
633 39.801, Florida Statutes, is amended to read:
634 39.801 Procedures and jurisdiction; notice; service of
635 process.—
636 (3) Before the court may terminate parental rights, in
637 addition to the other requirements set forth in this part, the
638 following requirements must be met:
639 (a) Notice of the date, time, and place of the advisory
640 hearing for the petition to terminate parental rights and a copy
641 of the petition must be personally served upon the following
642 persons, specifically notifying them that a petition has been
643 filed:
644 1. The parents of the child.
645 2. The legal custodians of the child.
646 3. If the parents who would be entitled to notice are dead
647 or unknown, a living relative of the child, unless upon diligent
648 search and inquiry no such relative can be found.
649 4. Any person who has physical custody of the child.
650 5. Any grandparent entitled to priority for adoption under
651 s. 63.0425.
652 5.6. Any prospective parent who has been identified under
653 s. 39.503 or s. 39.803.
654 6.7. The guardian ad litem for the child or the
655 representative of the guardian ad litem program, if the program
656 has been appointed.
657 7. The attorney for the child.
658
659 The document containing the notice to respond or appear must
660 contain, in type at least as large as the type in the balance of
661 the document, the following or substantially similar language:
662 “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING
663 CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF
664 THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND
665 TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE
666 CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS
667 NOTICE.”
668 Section 14. Paragraph (k) of subsection (1) of section
669 39.806, Florida Statutes, is amended to read:
670 39.806 Grounds for termination of parental rights.—
671 (1) Grounds for the termination of parental rights may be
672 established under any of the following circumstances:
673 (k) A test administered at birth which that indicated that
674 the child’s blood, urine, or meconium contained any amount of
675 alcohol or a controlled substance or metabolites of such
676 substances, the presence of which was not the result of medical
677 treatment administered to the mother or the newborn infant, and
678 the biological mother of the child is the biological mother of
679 at least one other child who was adjudicated dependent after a
680 finding of harm to the child’s health or welfare due to exposure
681 to a controlled substance or alcohol as defined in s.
682 39.01(33)(g) 39.01(32)(g), after which the biological mother had
683 the opportunity to participate in substance abuse treatment.
684 Section 15. Subsection (1) of section 39.828, Florida
685 Statutes, is amended to read:
686 39.828 Grounds for appointment of a guardian advocate.—
687 (1) The court shall appoint the person named in the
688 petition as a guardian advocate with all the powers and duties
689 specified in s. 39.829 for an initial term of 1 year upon a
690 finding that:
691 (a) The child named in the petition is or was a drug
692 dependent newborn as described in s. 39.01(33)(g) 39.01(32)(g);
693 (b) The parent or parents of the child have voluntarily
694 relinquished temporary custody of the child to a relative or
695 other responsible adult;
696 (c) The person named in the petition to be appointed the
697 guardian advocate is capable of carrying out the duties as
698 provided in s. 39.829; and
699 (d) A petition to adjudicate the child dependent under this
700 chapter has not been filed.
701 Section 16. Paragraph (b) of subsection (2) of section
702 39.8296, Florida Statutes, is amended to read:
703 39.8296 Statewide Guardian Ad Litem Office; legislative
704 findings and intent; creation; appointment of executive
705 director; duties of office.—
706 (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
707 Statewide Guardian Ad Litem Office within the Justice
708 Administrative Commission. The Justice Administrative Commission
709 shall provide administrative support and service to the office
710 to the extent requested by the executive director within the
711 available resources of the commission. The Statewide Guardian Ad
712 Litem Office shall not be subject to control, supervision, or
713 direction by the Justice Administrative Commission in the
714 performance of its duties, but the employees of the office shall
715 be governed by the classification plan and salary and benefits
716 plan approved by the Justice Administrative Commission.
717 (b) The Statewide Guardian Ad Litem Office shall, within
718 available resources, have oversight responsibilities for and
719 provide technical assistance to all guardian ad litem and
720 attorney ad litem programs located within the judicial circuits.
721 The office shall:
722 1. The office shall Identify the resources required to
723 implement methods of collecting, reporting, and tracking
724 reliable and consistent case data.
725 2. The office shall Review the current guardian ad litem
726 programs in Florida and other states.
727 3. The office, In consultation with local guardian ad litem
728 offices, shall develop statewide performance measures and
729 standards.
730 4. The office shall Develop a guardian ad litem training
731 program. The office shall establish a curriculum committee to
732 develop the training program specified in this subparagraph. The
733 curriculum committee shall include, but not be limited to,
734 dependency judges, directors of circuit guardian ad litem
735 programs, active certified guardians ad litem, a mental health
736 professional who specializes in the treatment of children, a
737 member of a child advocacy group, a representative of the
738 Florida Coalition Against Domestic Violence, and a social worker
739 experienced in working with victims and perpetrators of child
740 abuse.
741 5. The office shall Review the various methods of funding
742 guardian ad litem programs, shall maximize the use of those
743 funding sources to the extent possible, and shall review the
744 kinds of services being provided by circuit guardian ad litem
745 programs.
746 6. The office shall Determine the feasibility or
747 desirability of new concepts of organization, administration,
748 financing, or service delivery designed to preserve the civil
749 and constitutional rights and fulfill other needs of dependent
750 children.
751 7. No later than October 1, 2004, the office shall submit
752 to the Governor, the President of the Senate, the Speaker of the
753 House of Representatives, and the Chief Justice of the Supreme
754 Court an interim report describing the progress of the office in
755 meeting the goals as described in this section. No later than
756 October 1, 2004, the office shall submit to the Governor, the
757 President of the Senate, the Speaker of the House of
758 Representatives, and the Chief Justice of the Supreme Court a
759 proposed plan including alternatives for meeting the state’s
760 guardian ad litem and attorney ad litem needs. This plan may
761 include recommendations for less than the entire state, may
762 include a phase-in system, and shall include estimates of the
763 cost of each of the alternatives. Each year thereafter, the
764 office shall Annually provide a status report and provide
765 further recommendations to address the need for guardian ad
766 litem services and related issues to the Governor, the President
767 of the Senate, the Speaker of the House of Representatives, and
768 the Chief Justice of the Supreme Court.
769 Section 17. The Division of Statutory Revision is requested
770 to redesignate present part VIII of chapter 39, Florida
771 Statutes, consisting of ss. 39.901-39.908, as part XIV, and to
772 create a new part VIII, consisting of ss. 39.8501-39.8504,
773 Florida Statutes, to be entitled “Attorney for the Child.”
774 Section 18. Section 39.8501, Florida Statutes, is created
775 to read:
776 39.8501 Right to participate in proceedings.—
777 (1) Each child who is the subject of a proceeding under
778 this chapter has the right to attend and have representation and
779 fully participate in all court hearings related to his or her
780 case and to be informed of these rights. Each child must receive
781 notice from his or her caseworker, guardian ad litem, and the
782 attorney for the child of his or her right to attend court
783 hearings.
784 (2) Notwithstanding subsection (1), the presence of the
785 child may be excused by order of the court for all or part of a
786 proceeding if the child’s presence would not be in the child’s
787 best interest. If the child requests to attend a proceeding for
788 which the court has excused the child’s attendance, the court
789 must allow the child to appear and address the court prior to
790 being excluded from the proceedings.
791 Section 19. Section 39.8502, Florida Statutes, is created
792 to read:
793 39.8502 Right to be represented by an attorney.—
794 (1) Recognizing that all children in the custody of the
795 state continue to enjoy the protection of their civil and legal
796 rights, a child who is the subject of a petition brought
797 pursuant to this chapter and who has his or her own attorney may
798 not be denied the right to be represented by that attorney at
799 all stages of all proceedings.
800 (2) The Legislature requests that the Supreme Court adopt
801 rules addressing the qualifications, training, continuing legal
802 education, and standards of practice for attorneys representing
803 children in proceedings under this chapter.
804 Section 20. Section 39.8503, Florida Statutes, is created
805 to read:
806 39.8503 Access to the child.—The child’s attorney shall
807 have access to the child and to confidential information
808 regarding the child, including the child’s educational, medical,
809 and mental health records; social services agency files relating
810 to the child; court records, including court files involving
811 allegations of abuse or neglect of the child; any delinquency
812 records involving the child; any other information relevant to
813 the issues in the proceeding; and screenings, assessments,
814 evaluations, and reports relating to the child.
815 Section 21. Section 39.8504, Florida Statutes, is created
816 to read:
817 39.8504 Appointment of attorney.—
818 (1) Subject to the availability of resources, it is the
819 intent of the Legislature that, at a minimum, an attorney shall
820 be appointed pursuant to ss. 43.51-43.54 to represent a child
821 who:
822 (a) Has not been permanently placed pursuant to s. 39.621
823 and has been continuously in out-of-home care as measured from
824 initial entry into shelter care:
825 1. For more than 2 years and the department has not filed a
826 petition for termination of parental right; or
827 2. For more than 18 months and parental rights have been
828 terminated;
829 (b) Has, or is suspected of having, a developmental
830 disability as defined in s. 393.063, unless an attorney for the
831 guardian ad litem program is representing the child in a
832 proceeding under chapter 393;
833 (c) Is subject to involuntary placement for longer than 72
834 hours in a secure residential treatment facility, including
835 those licensed under chapter 393, chapter 394, or chapter 397;
836 (d) Is at least 17 years of age, in out-of-home care, and
837 is determined by the court to require legal representation under
838 s. 39.701, or is seeking assistance from the government,
839 including as an adult, pursuant to s. 39.013(2) or s. 409.1451.
840 (e) Has sufficient intelligence, understanding, and
841 experience and disagrees with or conflicts with the guardian ad
842 litem’s interpretation of his or her best interests; or
843 (f) Is the subject of a proceeding in which waiver of the
844 child’s psychotherapist-patient privilege is at issue.
845 (2) The court may appoint an attorney for the child at any
846 point in any proceeding under this chapter on its own motion or
847 on the motion of any other party to the proceeding:
848 (a) If the court finds that the child’s interests are not
849 being protected in the proceedings;
850 (b) If the child asks for an attorney;
851 (c) If the child is the subject of proceedings in which the
852 state is seeking to administer or continue to administer
853 psychotropic medications and the child objects to the
854 administration of medications or the court is otherwise
855 concerned that the child’s interests are not adequately
856 represented; or
857 (d) In school matters, including disciplinary actions and
858 issues relating to exceptional student education.
859 (3) The appointment of an attorney for the child must be
860 made as soon as practicable to ensure effective representation
861 but before the next court hearing where the child is entitled to
862 an attorney.
863 (4) The court may appoint one attorney to represent
864 siblings if there is no conflict of interest.
865 (5) An order appointing an attorney for the child must be
866 in writing.
867 (6) An appointment of attorney for the child continues in
868 effect until the attorney is discharged by the court or the case
869 is dismissed. The appointment includes all stages, from removal
870 from the home or initial appointment through all available
871 appellate proceedings. With the permission of the court, the
872 attorney for the child may arrange for supplemental or separate
873 counsel to handle proceedings at an appellate stage.
874 (7) This section may not be construed to interfere with the
875 ability of the court to appoint an attorney for a child in any
876 proceeding under this chapter for any reason, limit a child’s
877 right to an attorney, preclude an attorney from appearing on
878 behalf of a child, or create an entitlement to the appointment
879 of an attorney.
880 Section 22. Paragraph (a) of subsection (5) of section
881 43.16, Florida Statutes, is amended to read:
882 43.16 Justice Administrative Commission; membership, powers
883 and duties.—
884 (5) The duties of the commission shall include, but not be
885 limited to, the following:
886 (a) The maintenance of a central state office for
887 administrative services and assistance when possible to and on
888 behalf of the state attorneys and public defenders of Florida,
889 the capital collateral regional counsel of Florida, the criminal
890 conflict and civil regional counsel, the Guardian Ad Litem
891 Program, the Children’s Legal Representation Act, and the
892 Florida Clerks of Court Operations Corporation.
893 Section 23. Section 43.50, Florida Statutes, is created to
894 read:
895 43.50 Short title.—Sections 43.51-43.54 may be cited as the
896 “Children’s Legal Representation Act.”
897 Section 24. Section 43.51, Florida Statutes, is created to
898 read:
899 43.51 Legislative findings and intent.—
900 (1) The Legislature finds that adequate legal
901 representation for children subject to proceedings under chapter
902 39, chapter 61, chapter 63, chapter 393, chapter 394, chapter
903 397, chapter 731, chapter 741, chapter 742, chapter 914, chapter
904 984, or chapter 985 will improve the outcomes and expedite those
905 proceedings where the passage of time is inherently prejudicial
906 to a child’s best interests. It is therefore the intent of the
907 Legislature to establish an administrative framework whereby
908 public and private funds may be used in an effective and
909 efficient manner to enhance and ensure the availability of legal
910 representation for children who are subject to such proceedings.
911 (2) The Legislature recognizes that established local
912 organizations exist that are successfully providing attorney
913 representation to children in certain jurisdictions in the
914 state. Some of these organizations have significantly improved
915 the outcomes for children and have been embraced and supported
916 in their communities. The Legislature does not intend that
917 funding provided under the Children’s Legal Representation Act
918 be used to supplant or replace already proven organizations
919 providing legal representation for children. Instead, such
920 funding should be used to meet the additional legal
921 representation requirements of the act through cooperative
922 partnership with existing local organizations or through
923 expansion of those organizations. Further, the Legislature
924 intends that the act continue to encourage the expansion of pro
925 bono representation for children and not be used to discourage
926 or otherwise limit the ability of a pro bono attorney to appear
927 on behalf of a child.
928 Section 25. Section 43.52, Florida Statutes, is created to
929 read:
930 43.52 Authority and duties of the commission; contracting.—
931 (1) The Justice Administrative Commission shall carry out
932 the purposes and provisions of the Children’s Legal
933 Representation Act, including:
934 (a) Receiving public and private funding to be expended to
935 cover the costs of administering the Children’s Legal
936 Representation Act.
937 (b) Contracting with one or more not-for-profit
938 organizations that qualify under s. 501(c)(3) of the Internal
939 Revenue Code or governmental entities to:
940 1. Administer, allocate, and distribute available funds for
941 the purposes of and in a manner consistent with ss. 43.51-43.54.
942 Funds must be apportioned as equitably as practical among
943 contracting organizations based on the relative case load
944 expected and taking into account the availability of other
945 sources of legal representation for children in particular
946 geographic areas; and
947 2. Provide qualified legal representation to children
948 subject to proceedings under chapter 39, chapter 61, chapter 63,
949 chapter 393, chapter 394, chapter 397, chapter 731, chapter 741,
950 chapter 742, chapter 914, chapter 984, and chapter 985 in each
951 judicial circuit of the state.
952 (2) The commission may contract with:
953 (a) Legal aid organizations whose primary purpose is to
954 provide civil legal services without charge to qualifying
955 clients, organizations that provide child advocacy and legal
956 services, public defender’s offices, or similar organizations in
957 order to expand the case load that such organizations can
958 sustain if present service levels are not sufficient to meet the
959 anticipated load of cases for children entitled to appointed
960 counsel; or
961 (b) A single organization that provides funding statewide
962 for civil legal assistance to the indigent, which shall
963 subcontract with organizations described in paragraph (a).
964 (3) The contract or subcontracts must require the
965 contractor to:
966 1. Designate one entity per judicial circuit to serve as
967 the coordinator for the circuit; and
968 2. Actively encourage and assist funding recipients to:
969 a. Seek additional sources of revenue, including local
970 children’s services councils, foundations, local governmental
971 entities, and private donations to supplement state funds for
972 the provision of legal representation to children; and
973 b. Recruit, train, and maximize the use of pro bono
974 attorneys as an additional source of legal representation for
975 children.
976 Section 26. Section 43.53, Florida Statutes, is created to
977 read:
978 43.53 Accountability.—
979 (1) In any contract allocating funds pursuant to s. 43.52,
980 the Justice Administrative Commission shall ensure that funds
981 received or allocated are expended in a manner consistent with
982 the terms and intent of the Children’s Legal Representation Act
983 and shall provide for an annual audit of such expenditures.
984 (2) The Justice Administrative Commission shall monitor the
985 contracts executed under s. 43.52 and evaluate the performance
986 of the contracting organizations in a manner that does not
987 interfere with an organization’s provision of legal
988 representation to children.
989 Section 27. Section 43.54, Florida Statutes, is created to
990 read:
991 43.54 State support.—Organizations funded pursuant to the
992 Children’s Legal Representation Act are eligible for state
993 support, including, but not limited to, access to the SUNCOM
994 Network services. Accounts for SUNCOM services furnished to
995 program eligible entities shall be billed directly to the
996 Justice Administrative Commission as an administrative cost and
997 paid with the funding provided.
998 Section 28. Section 61.401, Florida Statutes, is amended to
999 read:
1000 61.401 Appointment of guardian ad litem and attorney.—
1001 (1) In an action for dissolution of marriage or for the
1002 creation, approval, or modification of a parenting plan, if the
1003 court finds it is in the best interest of the child, the court
1004 may appoint a guardian ad litem to act as next friend of the
1005 child, investigator or evaluator, not as attorney or advocate.
1006 This does not preclude a state-licensed attorney who is
1007 appointed as a guardian ad litem from serving as an attorney for
1008 himself or herself as guardian ad litem in the same proceedings.
1009 The court in its discretion may also appoint legal counsel for a
1010 child to act as attorney or advocate; however, the guardian and
1011 attorney may the legal counsel shall not be the same person.
1012 (2) In such actions for dissolution of marriage which
1013 involve an allegation of child abuse, abandonment, or neglect as
1014 defined in s. 39.01, which allegation is verified and determined
1015 by the court to be well-founded, the court shall appoint a
1016 guardian ad litem for the child. The guardian ad litem shall be
1017 a party to any judicial proceeding from the date of the
1018 appointment until the date of discharge.
1019 Section 29. Present subsections (2), (3), and (4) of
1020 section 63.142, Florida Statutes, are renumbered as subsections
1021 (3), (4), and (5), respectively, and a new subsection (2) is
1022 added to that section, to read:
1023 63.142 Hearing; judgment of adoption.—
1024 (2) APPOINTMENT OF ATTORNEY.—The court may appoint an
1025 attorney for the child as defined in s. 39.01 if the court finds
1026 that the child’s interests are not being adequately protected,
1027 that the child requires legal advocacy, or that the case
1028 involves complex legal issues.
1029 Section 30. Subsection (4) of section 63.0425, Florida
1030 Statutes, is amended to read:
1031 63.0425 Grandparent’s right to notice.—
1032 (4) This section does not contravene the provisions of s.
1033 63.142(5) 63.142(4).
1034 Section 31. Subsection (1) of section 393.125, Florida
1035 Statutes, is amended to read:
1036 393.125 Hearing rights.—
1037 (1) REVIEW OF AGENCY DECISIONS.—
1038 (a) A Any developmental services applicant or client, or
1039 his or her parent, guardian, guardian advocate, or authorized
1040 representative, who has a any substantial interest determined by
1041 the agency, has the right to request an administrative hearing
1042 pursuant to ss. 120.569 and 120.57.
1043 (b) Notice of the right to an administrative hearing must
1044 shall be given, both verbally and in writing, to the applicant
1045 or client, and his or her parent, guardian, attorney, guardian
1046 advocate, or authorized representative, at the same time that
1047 the agency gives the applicant or client notice of the agency’s
1048 action. The notice shall be given, both verbally and in writing,
1049 in the language of the client or applicant and in English.
1050 (c) A request for a hearing under this section shall be
1051 made to the agency, in writing, within 30 days after of the
1052 applicant’s or client’s receipt of the notice.
1053 (d) The hearing officer shall appoint an attorney for the
1054 child as defined in s. 39.01 if the hearing officer finds that
1055 the child’s legal interests are not being adequately protected,
1056 that the child requires legal advocacy, or that the case
1057 involves complex legal issues. The appointment may be made
1058 through the governmental entity or contracting organization
1059 providing attorneys for children pursuant to ss. 43.51-43.54.
1060 Section 32. Paragraph (i) of subsection (2) of section
1061 394.463, Florida Statutes, is amended to read:
1062 394.463 Involuntary examination.—
1063 (2) INVOLUNTARY EXAMINATION.—
1064 (i) Within the 72-hour examination period or, if the 72
1065 hours ends on a weekend or holiday, no later than the next
1066 working day thereafter, one of the following actions must be
1067 taken, based on the individual needs of the patient:
1068 1. The patient shall be released, unless he or she is
1069 charged with a crime, in which case the patient shall be
1070 returned to the custody of a law enforcement officer;
1071 2. The patient shall be released, subject to the provisions
1072 of subparagraph 1., for voluntary outpatient treatment;
1073 3. The patient, unless he or she is charged with a crime,
1074 shall be asked to give express and informed consent to placement
1075 as a voluntary patient, and, if such consent is given, the
1076 patient shall be admitted as a voluntary patient; or
1077 4. A petition for involuntary placement shall be filed in
1078 the circuit court when outpatient or inpatient treatment is
1079 deemed necessary. When inpatient treatment is deemed necessary,
1080 the least restrictive treatment consistent with the optimum
1081 improvement of the patient’s condition shall be made available.
1082 When a petition is to be filed for involuntary outpatient
1083 placement, it shall be filed by one of the petitioners specified
1084 in s. 394.4655(3)(a). A petition for involuntary inpatient
1085 placement shall be filed by the facility administrator.
1086
1087 If the patient is a minor child and the court finds that the
1088 child’s legal interests are not being adequately protected, that
1089 the child requires legal advocacy, or that the case involves
1090 complex legal issues, the court shall appoint an attorney for
1091 the child as defined in s. 39.01. The appointment may be made
1092 through the governmental entity or contracted organization
1093 providing attorneys for children pursuant to ss. 43.51-43.54.
1094 Section 33. Subsection (2) of section 397.681, Florida
1095 Statutes, is amended to read:
1096 397.681 Involuntary petitions; general provisions; court
1097 jurisdiction and right to counsel.—
1098 (2) RIGHT TO COUNSEL.—
1099 (a) A respondent has the right to counsel at every stage of
1100 a proceeding relating to a petition for his or her involuntary
1101 assessment and a petition for his or her involuntary treatment
1102 for substance abuse impairment. A respondent who desires counsel
1103 and is unable to afford private counsel has the right to court
1104 appointed counsel and to the benefits of s. 57.081. If the court
1105 believes that the respondent needs the assistance of counsel,
1106 the court shall appoint such counsel for the respondent without
1107 regard to the respondent’s wishes. If the respondent is a minor
1108 not otherwise represented in the proceeding, the court shall
1109 immediately appoint a guardian ad litem to act on the minor’s
1110 behalf.
1111 (b) If the respondent is a minor and the court finds that
1112 the child’s legal interests are not being adequately protected,
1113 that the child requires legal advocacy, or that the case
1114 involves complex legal issues, the court shall appoint an
1115 attorney for the child as defined in s. 39.01. The appointment
1116 may be made through the governmental entity or contracted
1117 organization providing attorneys for children pursuant to ss.
1118 43.51-43.54.
1119 Section 34. Subsection (4) of section 731.303, Florida
1120 Statutes, is amended to read:
1121 731.303 Representation.—In the administration of or in
1122 judicial proceedings involving estates of decedents, the
1123 following apply:
1124 (4) If the court determines that representation of the
1125 interest would otherwise be inadequate, the court may, at any
1126 time, appoint a guardian ad litem to represent the interests of
1127 an incapacitated person, an unborn or unascertained person, a
1128 minor or any other person otherwise under a legal disability, or
1129 a person whose identity or address is unknown. If not precluded
1130 by conflict of interest, a guardian ad litem may be appointed to
1131 represent several persons or interests. The court shall appoint
1132 an attorney for the child as defined in s. 39.01 if the court
1133 finds that the child’s legal interests are not being adequately
1134 protected, that the child requires legal advocacy, or that the
1135 case involves complex legal issues. The appointment may be made
1136 through the governmental entity or contracted organization
1137 providing attorneys for children pursuant to ss. 43.51-43.54.
1138 Section 35. Present paragraphs (f) and (g) of subsection
1139 (2) of section 741.2902, Florida Statutes, are redesignated as
1140 paragraphs (g) and (h), respectively, and a new paragraph (f) is
1141 added to that subsection, to read:
1142 741.2902 Domestic violence; legislative intent with respect
1143 to judiciary’s role.—
1144 (2) It is the intent of the Legislature, with respect to
1145 injunctions for protection against domestic violence, issued
1146 pursuant to s. 741.30, that the court shall:
1147 (f) Consider the appointment of an attorney for the child
1148 as defined in s. 39.01 if a permanent injunction is sought and
1149 the child is an alleged victim or accused perpetrator of
1150 domestic violence. The appointment may be made through the
1151 governmental entity or contracted organization providing
1152 attorneys for children pursuant to ss. 43.51-43.54.
1153 Section 36. Subsection (1) of section 742.031, Florida
1154 Statutes, is amended to read:
1155 742.031 Hearings; court orders for support, hospital
1156 expenses, and attorney’s fee.—
1157 (1) Hearings for the purpose of establishing or refuting
1158 the allegations of the complaint and answer shall be held in the
1159 chambers and may be restricted to persons, in addition to the
1160 parties involved and their counsel, as the judge in his or her
1161 discretion may direct. The court shall determine the issues of
1162 paternity of the child and the ability of the parents to support
1163 the child. Each party’s social security number shall be recorded
1164 in the file containing the adjudication of paternity. If the
1165 court finds that the alleged father is the father of the child,
1166 it shall so order. If appropriate, the court shall order the
1167 father to pay the complainant, her guardian, or any other person
1168 assuming responsibility for the child moneys sufficient to pay
1169 reasonable attorney’s fees, hospital or medical expenses, cost
1170 of confinement, and any other expenses incident to the birth of
1171 the child and to pay all costs of the proceeding. Bills for
1172 pregnancy, childbirth, and scientific testing are admissible as
1173 evidence without requiring third-party foundation testimony, and
1174 shall constitute prima facie evidence of amounts incurred for
1175 such services or for testing on behalf of the child. The court
1176 shall order either or both parents owing a duty of support to
1177 the child to pay support pursuant to s. 61.30. The court shall
1178 issue, upon motion by a party, a temporary order requiring child
1179 support pursuant to s. 61.30 pending an administrative or
1180 judicial determination of parentage, if there is clear and
1181 convincing evidence of paternity on the basis of genetic tests
1182 or other evidence. The court may also make a determination of an
1183 appropriate parenting plan, including a time-sharing schedule,
1184 in accordance with chapter 61. The court may appoint an attorney
1185 for the child as defined in s. 39.01 if the court finds that the
1186 child’s legal interests are not being adequately protected, that
1187 the child requires legal advocacy, or that the case involves
1188 complex legal issues. The appointment may be made through the
1189 governmental entity or contracted organization providing
1190 attorneys for children pursuant to ss. 43.51-43.54.
1191 Section 37. Subsections (1) and (3) of section 914.17,
1192 Florida Statutes, are amended to read:
1193 914.17 Appointment of advocate for victims or witnesses who
1194 are minors or persons with mental retardation.—
1195 (1) A guardian ad litem or attorney for the child other
1196 advocate shall be appointed by the court to represent a minor in
1197 any criminal proceeding if the minor is a victim of or witness
1198 to child abuse or neglect, or if the minor is a victim of a
1199 sexual offense or a witness to a sexual offense committed
1200 against another minor. The court may appoint a guardian ad litem
1201 or attorney for the child other advocate in any other criminal
1202 proceeding in which a minor is involved as either a victim or a
1203 witness. The appointment may be made through the governmental
1204 entity or contracted organization providing attorneys for
1205 children pursuant to ss. 43.51-43.54. The guardian ad litem or
1206 attorney for the child other advocate shall have full access to
1207 all evidence and reports introduced during the proceedings, may
1208 interview witnesses, may make recommendations to the court,
1209 shall be noticed and have the right to appear on behalf of the
1210 minor at all proceedings, and may request additional
1211 examinations by medical doctors, psychiatrists, or
1212 psychologists. It is the duty of the guardian ad litem or
1213 attorney for the child other advocate to perform the following
1214 services:
1215 (a) To explain, in language understandable to the minor,
1216 all legal proceedings in which the minor is shall be involved;
1217 (b) To act, as a friend of the court, to advise the judge,
1218 whenever appropriate, of the minor’s ability to understand and
1219 cooperate with any court proceeding; and
1220 (c) To assist the minor and the minor’s family in coping
1221 with the emotional effects of the crime and subsequent criminal
1222 proceedings in which the minor is involved.
1223 (3) Any person participating in a judicial proceeding as a
1224 guardian ad litem or other advocate is shall be presumed prima
1225 facie to be acting in good faith and in so doing is shall be
1226 immune from any liability, civil or criminal, that otherwise
1227 might be incurred or imposed.
1228 Section 38. Subsection (1) of section 984.17, Florida
1229 Statutes, is amended to read:
1230 984.17 Response to petition and representation of parties.—
1231 (1) At the time a petition is filed, the court may appoint
1232 a guardian ad litem for the child. The court shall appoint an
1233 attorney for the child as defined in s. 39.01 if the court
1234 determines that the child’s liberty interests are at stake. The
1235 appointment may be made through the governmental entity or
1236 contracted organization providing attorneys for children
1237 pursuant to ss. 43.51-43.54.
1238 Section 39. Subsection (1) of section 985.033, Florida
1239 Statutes, is amended to read:
1240 985.033 Right to counsel.—
1241 (1) A child is entitled to representation by legal counsel
1242 at all stages of any delinquency court proceedings under this
1243 chapter. If the child and the parents or other legal guardian
1244 are indigent and unable to employ counsel for the child, the
1245 court shall appoint counsel under s. 27.52. Determination of
1246 indigence and costs of representation shall be as provided by
1247 ss. 27.52 and 938.29. Legal counsel representing a child who
1248 exercises the right to counsel or who has not waived counsel for
1249 court proceedings shall be allowed to provide advice and counsel
1250 to the child at any time subsequent to the child’s arrest,
1251 including before prior to a detention hearing while in secure
1252 detention care.
1253 (a) A child shall be represented by legal counsel at all
1254 stages of all court proceedings unless the right to counsel is
1255 freely, knowingly, and intelligently waived by the child. If the
1256 child appears without counsel, the court shall advise the child
1257 of his or her rights with respect to representation of court
1258 appointed counsel. Waiver of counsel must be made in writing
1259 after the child has had a meaningful opportunity to confer with
1260 counsel regarding the child’s right to counsel, the potential
1261 consequences of waiving counsel, and any other factors that
1262 would assist the child in making a decision to waive counsel.
1263 (b) The court may appoint a guardian ad litem for the child
1264 in delinquency proceedings if the child’s defense counsel
1265 requests the appointment due to the child’s inability to assist
1266 in the preparation of his or her defense, participate in court
1267 proceedings, express his or her wishes, direct the
1268 representation, or communicate with defense counsel.
1269 (c) If requested, the court may appoint a guardian ad litem
1270 and an attorney in school matters, including disciplinary
1271 actions and issues relating to exceptional student education.
1272 (d) Appointment of an attorney or guardian ad litem under
1273 paragraph (b) or paragraph (c) may be made through the
1274 governmental entity or contracted organization providing
1275 attorneys for children pursuant to ss. 43.51-43.54.
1276 Section 40. Paragraph (a) of subsection (4) of section
1277 20.195, Florida Statutes, is amended to read:
1278 20.195 Department of Children and Family Services; trust
1279 funds.—The following trust funds shall be administered by the
1280 Department of Children and Family Services:
1281 (4) Domestic Violence Trust Fund.
1282 (a) Funds to be credited to and uses of the trust fund
1283 shall be administered in accordance with the provisions of s.
1284 28.101, part XIV XIII of chapter 39, and chapter 741.
1285 Section 41. This act shall take effect July 1, 2010.
