Bill Amendment: FL S1548 | 2020 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Child Welfare
Status: 2020-03-14 - Died in Appropriations [S1548 Detail]
Download: Florida-2020-S1548-Senate_Committee_Amendment_229818.html
Bill Title: Child Welfare
Status: 2020-03-14 - Died in Appropriations [S1548 Detail]
Download: Florida-2020-S1548-Senate_Committee_Amendment_229818.html
Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 1548 Ì229818KÎ229818 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (Perry) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 25.385, Florida Statutes, is amended to 6 read: 7 25.385 Standards for instruction of circuit and county 8 court judgesin handling domestic violence cases.— 9 (1) The Florida Court Educational Council shall establish 10 standards for instruction of circuit and county court judges who 11 have responsibility for domestic violence cases, and the council 12 shall provide such instruction on a periodic and timely basis. 13(2)As used in this section: 14 (a) The term “domestic violence” has the meaning set forth 15 in s. 741.28. 16 (b) “Family or household member” has the meaning set forth 17 in s. 741.28. 18 (2) The Florida Court Educational Council shall establish 19 standards for instruction of circuit court judges who have 20 responsibility for dependency cases. The standards for 21 instruction must be consistent with and reinforce the purposes 22 of chapter 39, with emphasis on ensuring that a permanent 23 placement is achieved as soon as possible and that a child 24 should not remain in foster care for longer than 1 year. This 25 instruction must be provided on a periodic and timely basis and 26 may be provided by or in consultation with current or retired 27 judges, the Department of Children and Families, or the 28 Statewide Guardian Ad Litem Office established in s. 39.8296. 29 Section 2. Subsection (7) of section 39.205, Florida 30 Statutes, is amended to read: 31 39.205 Penalties relating to reporting of child abuse, 32 abandonment, or neglect.— 33 (7) The department shall establish procedures for 34 determining whether a false report of child abuse, abandonment, 35 or neglect has been made and for submitting all identifying 36 information relating to such a report to the appropriate law 37 enforcement agencyand shall report annually to the Legislature38the number of reports referred. 39 Section 3. Subsection (7) of section 39.302, Florida 40 Statutes, is amended to read: 41 39.302 Protective investigations of institutional child 42 abuse, abandonment, or neglect.— 43 (7) When an investigation of institutional abuse, neglect, 44 or abandonment is closed and a person is not identified as a 45 caregiver responsible for the abuse, neglect, or abandonment 46 alleged in the report, the fact that the person is named in some 47 capacity in the report may not be used in any way to adversely 48 affect the interests of that person. This prohibition applies to 49 any use of the information in employment screening, licensing, 50 child placement, adoption, or any other decisions by a private 51 adoption agency or a state agency or its contracted providers. 52 (a) However, if such a person is a licensee of the 53 department and is named in any capacity in a reportthree or54more reportswithin a 5-year period, the department mustmay55 review the reportthose reportsand determine whether the 56 information contained in the reportreportsis relevant for 57 purposes of determining whether the person’s license should be 58 renewed or revoked. If the information is relevant to the 59 decision to renew or revoke the license, the department may rely 60 on the information contained in the report in making that 61 decision. 62 (b) Likewise, if a person is employed as a caregiver in a 63 residential group home licensed pursuant to s. 409.175 and is 64 named in any capacity in a reportthree or more reportswithin a 65 5-year period, the department mustmayreview the reportall66reportsfor the purposes of the employment screening as defined 67 in s. 409.175(2)(m)required pursuantto s. 409.145(2)(e). 68 Section 4. Subsection (6) of section 39.407, Florida 69 Statutes, is amended to read: 70 39.407 Medical, psychiatric, and psychological examination 71 and treatment of child; physical, mental, or substance abuse 72 examination of person with or requesting child custody.— 73 (6) Children who are in the legal custody of the department 74 may be placed by the department, without prior approval of the 75 court, in a residential treatment center licensed under s. 76 394.875 or a hospital licensed under chapter 395 for residential 77 mental health treatment only as provided inpursuant tothis 78 section or may be placed by the court in accordance with an 79 order of involuntary examination or involuntary placement 80 entered underpursuant tos. 394.463 or s. 394.467. All children 81 placed in a residential treatment program under this subsection 82 must have a guardian ad litem appointed. 83 (a) As used in this subsection, the term: 84 1. “Residential treatment” means placement for observation, 85 diagnosis, or treatment of an emotional disturbance in a 86 residential treatment center licensed under s. 394.875 or a 87 hospital licensed under chapter 395. 88 2. “Least restrictive alternative” means the treatment and 89 conditions of treatment that, separately and in combination, are 90 no more intrusive or restrictive of freedom than reasonably 91 necessary to achieve a substantial therapeutic benefit or to 92 protect the child or adolescent or others from physical injury. 93 3. “Suitable for residential treatment” or “suitability” 94 means a determination concerning a child or adolescent with an 95 emotional disturbance as defined in s. 394.492(5) or a serious 96 emotional disturbance as defined in s. 394.492(6) that each of 97 the following criteria is met: 98 a. The child requires residential treatment. 99 b. The child is in need of a residential treatment program 100 and is expected to benefit from mental health treatment. 101 c. An appropriate, less restrictive alternative to 102 residential treatment is unavailable. 103 (b) Whenever the department believes that a child in its 104 legal custody is emotionally disturbed and may need residential 105 treatment, an examination and suitability assessment must be 106 conducted by a qualified evaluator who is appointed by the 107 departmentAgency for Health Care Administration. This 108 suitability assessment must be completed before the placement of 109 the child in a residential treatment center for emotionally 110 disturbed children and adolescents or a hospital. The qualified 111 evaluator must be a psychiatrist or a psychologist licensed in 112 Florida who has at least 3 years of experience in the diagnosis 113 and treatment of serious emotional disturbances in children and 114 adolescents and who has no actual or perceived conflict of 115 interest with any inpatient facility or residential treatment 116 center or program. 117 (c) Before a child is admitted under this subsection, the 118 child shall be assessed for suitability for residential 119 treatment by a qualified evaluator who has conducted a personal 120 examination and assessment of the child and has made written 121 findings that: 122 1. The child appears to have an emotional disturbance 123 serious enough to require residential treatment and is 124 reasonably likely to benefit from the treatment. 125 2. The child has been provided with a clinically 126 appropriate explanation of the nature and purpose of the 127 treatment. 128 3. All available modalities of treatment less restrictive 129 than residential treatment have been considered, and a less 130 restrictive alternative that would offer comparable benefits to 131 the child is unavailable. 132 133 A copy of the written findings of the evaluation and suitability 134 assessment must be provided to the department, to the guardian 135 ad litem, and, if the child is a member of a Medicaid managed 136 care plan, to the plan that is financially responsible for the 137 child’s care in residential treatment, all of whom must be 138 provided with the opportunity to discuss the findings with the 139 evaluator. 140 (d) Immediately upon placing a child in a residential 141 treatment program under this section, the department must notify 142 the guardian ad litem and the court having jurisdiction over the 143 child and must provide the guardian ad litem and the court with 144 a copy of the assessment by the qualified evaluator. 145 (e) Within 10 days after the admission of a child to a 146 residential treatment program, the director of the residential 147 treatment program or the director’s designee must ensure that an 148 individualized plan of treatment has been prepared by the 149 program and has been explained to the child, to the department, 150 and to the guardian ad litem, and submitted to the department. 151 The child must be involved in the preparation of the plan to the 152 maximum feasible extent consistent with his or her ability to 153 understand and participate, and the guardian ad litem and the 154 child’s foster parents must be involved to the maximum extent 155 consistent with the child’s treatment needs. The plan must 156 include a preliminary plan for residential treatment and 157 aftercare upon completion of residential treatment. The plan 158 must include specific behavioral and emotional goals against 159 which the success of the residential treatment may be measured. 160 A copy of the plan must be provided to the child, to the 161 guardian ad litem, and to the department. 162 (f) Within 30 days after admission, the residential 163 treatment program must review the appropriateness and 164 suitability of the child’s placement in the program. The 165 residential treatment program must determine whether the child 166 is receiving benefit toward the treatment goals and whether the 167 child could be treated in a less restrictive treatment program. 168 The residential treatment program shall prepare a written report 169 of its findings and submit the report to the guardian ad litem 170 and to the department. The department must submit the report to 171 the court. The report must include a discharge plan for the 172 child. The residential treatment program must continue to 173 evaluate the child’s treatment progress every 30 days thereafter 174 and must include its findings in a written report submitted to 175 the department. The department may not reimburse a facility 176 until the facility has submitted every written report that is 177 due. 178 (g)1. The department must submit, at the beginning of each 179 month, to the court having jurisdiction over the child, a 180 written report regarding the child’s progress toward achieving 181 the goals specified in the individualized plan of treatment. 182 2. The court must conduct a hearing to review the status of 183 the child’s residential treatment plan no later than 60 days 184 after the child’s admission to the residential treatment 185 program. An independent review of the child’s progress toward 186 achieving the goals and objectives of the treatment plan must be 187 completed by a qualified evaluator and submitted to the court 188 before its 60-day review. 189 3. For any child in residential treatment at the time a 190 judicial review is held pursuant to s. 39.701, the child’s 191 continued placement in residential treatment must be a subject 192 of the judicial review. 193 4. If at any time the court determines that the child is 194 not suitable for continued residential treatment, the court 195 shall order the department to place the child in the least 196 restrictive setting that is best suited to meet his or her 197 needs. 198 (h) After the initial 60-day review, the court must conduct 199 a review of the child’s residential treatment plan every 90 200 days. 201 (i) The department must adopt rules for implementing 202 timeframes for the completion of suitability assessments by 203 qualified evaluators and a procedure that includes timeframes 204 for completing the 60-day independent review by the qualified 205 evaluators of the child’s progress toward achieving the goals 206 and objectives of the treatment plan which review must be 207 submitted to the court. The Agency for Health Care 208 Administration must adopt rules for the registration of 209 qualified evaluators, the procedure for selecting the evaluators 210 to conduct the reviews required under this section, and a 211 reasonable, cost-efficient fee schedule for qualified 212 evaluators. 213 Section 5. Section 39.5035, Florida Statutes, is created to 214 read: 215 39.5035 Deceased parents; special procedures.— 216 (1)(a)1. If both parents of a child are deceased and a 217 legal custodian has not been appointed for the child through a 218 probate or guardianship proceeding, then an attorney for the 219 department or any other person, who has knowledge of the facts 220 whether alleged or is informed of the alleged facts and believes 221 them to be true, may initiate a proceeding by filing a petition 222 for adjudication and permanent commitment. 223 2. If a child has been placed in shelter status by order of 224 the court but has not yet been adjudicated, a petition for 225 adjudication and permanent commitment must be filed within 21 226 days after the shelter hearing. In all other cases, the petition 227 must be filed within a reasonable time after the date the child 228 was referred to protective investigation or after the petitioner 229 first becomes aware of the facts that support the petition for 230 adjudication and permanent commitment. 231 (b) If both parents or the last living parent dies after a 232 child has already been adjudicated dependent, an attorney for 233 the department or any other person who has knowledge of the 234 facts alleged or is informed of the alleged facts and believes 235 them to be true may file a petition for permanent commitment. 236 (2) The petition: 237 (a) Must be in writing, identify the alleged deceased 238 parents, and provide facts that establish that both parents of 239 the child are deceased and that a legal custodian has not been 240 appointed for the child through a probate or guardianship 241 proceeding. 242 (b) Must be signed by the petitioner under oath stating the 243 petitioner’s good faith in filing the petition. 244 (3) When a petition for adjudication and permanent 245 commitment or a petition for permanent commitment has been 246 filed, the clerk of court shall set the case before the court 247 for an adjudicatory hearing. The adjudicatory hearing must be 248 held as soon as practicable after the petition is filed, but no 249 later than 30 days after the filing date. 250 (4) Notice of the date, time, and place of the adjudicatory 251 hearing and a copy of the petition must be served on the 252 following persons: 253 (a) Any person who has physical custody of the child. 254 (b) A living relative of each parent of the child, unless a 255 living relative cannot be found after a diligent search and 256 inquiry. 257 (c) The guardian ad litem for the child or the 258 representative of the guardian ad litem program, if the program 259 has been appointed. 260 (5) Adjudicatory hearings shall be conducted by the judge 261 without a jury, applying the rules of evidence in use in civil 262 cases and adjourning the hearings from time to time as 263 necessary. At the hearing, the judge must determine whether the 264 petitioner has established by clear and convincing evidence that 265 both parents of the child are deceased and that a legal 266 custodian has not been appointed for the child through a probate 267 or guardianship proceeding. A certified copy of the death 268 certificate for each parent is sufficient evidence of proof of 269 the parents’ deaths. 270 (6) Within 30 days after an adjudicatory hearing on a 271 petition for adjudication and permanent commitment: 272 (a) If the court finds that the petitioner has met the 273 clear and convincing standard, the court shall enter a written 274 order adjudicating the child dependent and permanently 275 committing the child to the custody of the department for the 276 purpose of adoption. A disposition hearing shall be scheduled no 277 later than 30 days after the entry of the order, in which the 278 department shall provide a case plan that identifies the 279 permanency goal for the child to the court. Reasonable efforts 280 must be made to place the child in a timely manner in accordance 281 with the permanency plan and to complete all steps necessary to 282 finalize the permanent placement of the child. Thereafter, until 283 the adoption of the child is finalized or the child reaches the 284 age of 18 years, whichever occurs first, the court shall hold 285 hearings every 6 months to review the progress being made toward 286 permanency for the child. 287 (b) If the court finds that clear and convincing evidence 288 does not establish that both parents of a child are deceased and 289 that a legal custodian has not been appointed for the child 290 through a probate or guardianship proceeding, but that a 291 preponderance of the evidence establishes that the child does 292 not have a parent or legal custodian capable of providing 293 supervision or care, the court shall enter a written order 294 adjudicating the child dependent. A disposition hearing shall be 295 scheduled no later than 30 days after the entry of the order as 296 provided in s. 39.521. 297 (c) If the court finds that clear and convincing evidence 298 does not establish that both parents of a child are deceased and 299 that a legal custodian has not been appointed for the child 300 through a probate or guardianship proceeding and that a 301 preponderance of the evidence does not establish that the child 302 does not have a parent or legal custodian capable of providing 303 supervision or care, the court shall enter a written order so 304 finding and dismissing the petition. 305 (7) Within 30 days after an adjudicatory hearing on a 306 petition for permanent commitment: 307 (a) If the court finds that the petitioner has met the 308 clear and convincing standard, the court shall enter a written 309 order permanently committing the child to the custody of the 310 department for purposes of adoption. A disposition hearing shall 311 be scheduled no later than 30 days after the entry of the order, 312 in which the department shall provide an amended case plan that 313 identifies the permanency goal for the child to the court. 314 Reasonable efforts must be made to place the child in a timely 315 manner in accordance with the permanency plan and to complete 316 all steps necessary to finalize the permanent placement of the 317 child. Thereafter, until the adoption of the child is finalized 318 or the child reaches the age of 18 years, whichever occurs 319 first, the court shall hold hearings every 6 months to review 320 the progress being made toward permanency for the child. 321 (b) If the court finds that clear and convincing evidence 322 does not establish that both parents of a child are deceased and 323 that a legal custodian has not been appointed for the child 324 through a probate or guardianship proceeding, the court shall 325 enter a written order denying the petition. The order has no 326 effect on the child’s prior adjudication. The order does not bar 327 the petitioner from filing a subsequent petition for permanent 328 commitment based on newly discovered evidence that establishes 329 that both parents of a child are deceased and that a legal 330 custodian has not been appointed for the child through a probate 331 or guardianship proceeding. 332 Section 6. Paragraph (c) of subsection (1) and subsections 333 (3) and (7) of section 39.521, Florida Statutes, are amended to 334 read: 335 39.521 Disposition hearings; powers of disposition.— 336 (1) A disposition hearing shall be conducted by the court, 337 if the court finds that the facts alleged in the petition for 338 dependency were proven in the adjudicatory hearing, or if the 339 parents or legal custodians have consented to the finding of 340 dependency or admitted the allegations in the petition, have 341 failed to appear for the arraignment hearing after proper 342 notice, or have not been located despite a diligent search 343 having been conducted. 344 (c) When any child is adjudicated by a court to be 345 dependent, the court having jurisdiction of the child has the 346 power by order to: 347 1. Require the parent and, when appropriate, the legal 348 guardian or the child to participate in treatment and services 349 identified as necessary. The court may require the person who 350 has custody or who is requesting custody of the child to submit 351 to a mental health or substance abuse disorder assessment or 352 evaluation. The order may be made only upon good cause shown and 353 pursuant to notice and procedural requirements provided under 354 the Florida Rules of Juvenile Procedure. The mental health 355 assessment or evaluation must be administered by a qualified 356 professional as defined in s. 39.01, and the substance abuse 357 assessment or evaluation must be administered by a qualified 358 professional as defined in s. 397.311. The court may also 359 require such person to participate in and comply with treatment 360 and services identified as necessary, including, when 361 appropriate and available, participation in and compliance with 362 a mental health court program established under chapter 394 or a 363 treatment-based drug court program established under s. 397.334. 364 Adjudication of a child as dependent based upon evidence of harm 365 as defined in s. 39.01(35)(g) demonstrates good cause, and the 366 court shall require the parent whose actions caused the harm to 367 submit to a substance abuse disorder assessment or evaluation 368 and to participate and comply with treatment and services 369 identified in the assessment or evaluation as being necessary. 370 In addition to supervision by the department, the court, 371 including the mental health court program or the treatment-based 372 drug court program, may oversee the progress and compliance with 373 treatment by a person who has custody or is requesting custody 374 of the child. The court may impose appropriate available 375 sanctions for noncompliance upon a person who has custody or is 376 requesting custody of the child or make a finding of 377 noncompliance for consideration in determining whether an 378 alternative placement of the child is in the child’s best 379 interests. Any order entered under this subparagraph may be made 380 only upon good cause shown. This subparagraph does not authorize 381 placement of a child with a person seeking custody of the child, 382 other than the child’s parent or legal custodian, who requires 383 mental health or substance abuse disorder treatment. 384 2. Require, if the court deems necessary, the parties to 385 participate in dependency mediation. 386 3. Require placement of the child either under the 387 protective supervision of an authorized agent of the department 388 in the home of one or both of the child’s parents or in the home 389 of a relative of the child or another adult approved by the 390 court, or in the custody of the department.Protective391supervision continues until the court terminates it or until the392child reaches the age of 18, whichever date is first. Protective393supervision shall be terminated by the court whenever the court394determines that permanency has been achieved for the child,395whether with a parent, another relative, or a legal custodian,396and that protective supervision is no longer needed. The397termination of supervision may be with or without retaining398jurisdiction, at the court’s discretion, and shall in either399case be considered a permanency option for the child. The order400terminating supervision by the department must set forth the401powers of the custodian of the child and include the powers402ordinarily granted to a guardian of the person of a minor unless403otherwise specified. Upon the court’s termination of supervision404by the department, further judicial reviews are not required if405permanency has been established for the child.406 4. Determine whether the child has a strong attachment to 407 the prospective permanent guardian and whether such guardian has 408 a strong commitment to permanently caring for the child. 409 (3) When any child is adjudicated by a court to be 410 dependent, the court shall determine the appropriate placement 411 for the child as follows: 412 (a) If the court determines that the child can safely 413 remain in the home with the parent with whom the child was 414 residing at the time the events or conditions arose that brought 415 the child within the jurisdiction of the court and that 416 remaining in this home is in the best interest of the child, 417 then the court shall order conditions under which the child may 418 remain or return to the home and that this placement be under 419 the protective supervision of the department for not less than 6 420 months. 421 (b) If there is a parent with whom the child was not 422 residing at the time the events or conditions arose that brought 423 the child within the jurisdiction of the court who desires to 424 assume custody of the child, the court shall place the child 425 with that parent upon completion of a home study, unless the 426 court finds that such placement would endanger the safety, well 427 being, or physical, mental, or emotional health of the child. 428 Any party with knowledge of the facts may present to the court 429 evidence regarding whether the placement will endanger the 430 safety, well-being, or physical, mental, or emotional health of 431 the child. If the court places the child with such parent, it 432 may do either of the following: 433 1. Order that the parent assume sole custodial 434 responsibilities for the child. The court may also provide for 435 reasonable visitation by the noncustodial parent. The court may 436 then terminate its jurisdiction over the child. 437 2. Order that the parent assume custody subject to the 438 jurisdiction of the circuit court hearing dependency matters. 439 The court may order that reunification services be provided to 440 the parent from whom the child has been removed, that services 441 be provided solely to the parent who is assuming physical 442 custody in order to allow that parent to retain later custody 443 without court jurisdiction, or that services be provided to both 444 parents, in which case the court shall determine at every review 445 hearing which parent, if either, shall have custody of the 446 child. The standard for changing custody of the child from one 447 parent to another or to a relative or another adult approved by 448 the court shall be the best interest of the child. 449 (c) If no fit parent is willing or available to assume care 450 and custody of the child, place the child in the temporary legal 451 custody of an adult relative, the adoptive parent of the child’s 452 sibling, or another adult approved by the court who is willing 453 to care for the child, under the protective supervision of the 454 department. The department must supervise this placement until 455 the child reaches permanency status in this home, and in no case 456 for a period of less than 6 months. Permanency in a relative 457 placement shall be by adoption, long-term custody, or 458 guardianship. 459 (d) If the child cannot be safely placed in a nonlicensed 460 placement, the court shall commit the child to the temporary 461 legal custody of the department. Such commitment invests in the 462 department all rights and responsibilities of a legal custodian. 463 The department mayshallnot return any child to the physical 464 care and custody of the person from whom the child was removed, 465 except for court-approved visitation periods, without the 466 approval of the court. Any order for visitation or other contact 467 must conform to the provisions of s. 39.0139. The term of such 468 commitment continues until terminated by the court or until the 469 child reaches the age of 18. After the child is committed to the 470 temporary legal custody of the department, all further 471 proceedings under this section are governed by this chapter. 472 473Protective supervision continues until the court terminates it474or until the child reaches the age of 18, whichever date is475first. Protective supervision shall be terminated by the court476whenever the court determines that permanency has been achieved477for the child, whether with a parent, another relative, or a478legal custodian, and that protective supervision is no longer479needed. The termination of supervision may be with or without480retaining jurisdiction, at the court’s discretion, and shall in481either case be considered a permanency option for the child. The482order terminating supervision by the department shall set forth483the powers of the custodian of the child and shall include the484powers ordinarily granted to a guardian of the person of a minor485unless otherwise specified. Upon the court’s termination of486supervision by the department, no further judicial reviews are487required, so long as permanency has been established for the488child.489(7)The court may enter an order ending its jurisdiction490over a child when a child has been returned to the parents,491provided the court shall not terminate its jurisdiction or the492department’s supervision over the child until 6 months after the493child’s return. The department shall supervise the placement of494the child after reunification for at least 6 months with each495parent or legal custodian from whom the child was removed. The496court shall determine whether its jurisdiction should be497continued or terminated in such a case based on a report of the498department or agency or the child’s guardian ad litem, and any499other relevant factors; if its jurisdiction is to be terminated,500the court shall enter an order to that effect.501 Section 7. Section 39.522, Florida Statutes, is amended to 502 read: 503 39.522 Postdisposition change of custody.—The court may 504 change the temporary legal custody or the conditions of 505 protective supervision at a postdisposition hearing, without the 506 necessity of another adjudicatory hearing. If a child has been 507 returned to the parent and is under protective supervision by 508 the department and the child is later removed again from the 509 parent’s custody, any modifications of placement shall be done 510 under this section. 511 (1) At any time, an authorized agent of the department or a 512 law enforcement officer may remove a child from a court-ordered 513 placement and take the child into custody if the child’s current 514 caregiver requests immediate removal of the child from the home 515 or if there is probable cause as required in s. 39.401(1)(b). 516 The department shall file a motion to modify placement within 1 517 business day after the child is taken into custody. Unless all 518 parties agree to the change of placement, the court must set a 519 hearing within 24 hours after the filing of the motion. At the 520 hearing, the court shall determine whether the department has 521 established probable cause to support the immediate removal of 522 the child from his or her current placement. The court may base 523 its determination on a sworn petition, testimony, or an 524 affidavit and may hear all relevant and material evidence, 525 including oral or written reports, to the extent of its 526 probative value even though it would not be competent evidence 527 at an adjudicatory hearing. If the court finds that probable 528 cause is not established to support the removal of the child 529 from the placement, the court shall order that the child be 530 returned to his or her current placement. If the caregiver 531 admits to a need for a change of placement or probable cause is 532 established to support the removal, the court shall enter an 533 order changing the placement of the child. If the child is not 534 placed in foster care, then the new placement for the child must 535 meet the home study criteria in chapter 39. If the child’s 536 placement is modified based on a probable cause finding, the 537 court must conduct a subsequent evidentiary hearing, unless 538 waived by all parties, on the motion to determine whether the 539 department has established by a preponderance of the evidence 540 that maintaining the new placement of the child is in the best 541 interest of the child. The court shall consider the continuity 542 of the child’s placement in the same out-of-home residence as a 543 factor when determining the best interests of the child. 544 (2)(1)At any time before a child is residing in the 545 permanent placement approved at the permanency hearing, a child 546 who has been placed in the child’s own home under the protective 547 supervision of an authorized agent of the department, in the 548 home of a relative, in the home of a legal custodian, or in some 549 other place may be brought before the court by the department or 550 by any other partyinterested person, upon the filing of a 551 petitionmotionalleging a need for a change in the conditions 552 of protective supervision or the placement. If the parents or 553 other legal custodians deny the need for a change, the court 554 shall hear all parties in person or by counsel, or both. Upon 555 the admission of a need for a change or after such hearing, the 556 court shall enter an order changing the placement, modifying the 557 conditions of protective supervision, or continuing the 558 conditions of protective supervision as ordered. The standard 559 for changing custody of the child is determined by a 560 preponderance of the evidence that establishes that a change is 561 inshall bethe best interest of the child. When applying this 562 standard, the court shall consider the continuity of the child’s 563 placement in the same out-of-home residence as a factor when 564 determining the best interests of the child. If the child is not 565 placed in foster care, then the new placement for the child must 566 meet the home study criteria and court approval underpursuant567tothis chapter. 568 (3)(2)In cases where the issue before the court is whether 569 a child should be reunited with a parent, the court shall review 570 the conditions for return and determine whether the 571 circumstances that caused the out-of-home placement and issues 572 subsequently identified have been remedied to the extent that 573 the return of the child to the home with an in-home safety plan 574 prepared or approved by the department will not be detrimental 575 to the child’s safety, well-being, and physical, mental, and 576 emotional health. 577 (4)(3)In cases where the issue before the court is whether 578 a child who is placed in the custody of a parent should be 579 reunited with the other parent upon a finding that the 580 circumstances that caused the out-of-home placement and issues 581 subsequently identified have been remedied to the extent that 582 the return of the child to the home of the other parent with an 583 in-home safety plan prepared or approved by the department will 584 not be detrimental to the child, the standard shall be that the 585 safety, well-being, and physical, mental, and emotional health 586 of the child would not be endangered by reunification and that 587 reunification would be in the best interest of the child. 588 Section 8. Subsection (8) of section 39.6011, Florida 589 Statutes, is amended to read: 590 39.6011 Case plan development.— 591 (8) The case plan must be filed with the court and copies 592 provided to all parties, including the child if appropriate:,593not less than 3 business days before the disposition hearing.594 (a) Not less than 72 hours before the disposition hearing, 595 if the disposition hearing occurs on or after the 60th day after 596 the date the child was placed in out-of-home care; or 597 (b) Not less than 72 hours before the case plan acceptance 598 hearing, if the disposition hearing occurs before the 60th day 599 after the date the child was placed in out-of-home care and a 600 case plan has not been submitted under this subsection, or if 601 the court does not approve the case plan at the disposition 602 hearing. 603 Section 9. Paragraph (a) of subsection (3) of section 604 39.801, Florida Statutes, is amended to read: 605 39.801 Procedures and jurisdiction; notice; service of 606 process.— 607 (3) Before the court may terminate parental rights, in 608 addition to the other requirements set forth in this part, the 609 following requirements must be met: 610 (a) Notice of the date, time, and place of the advisory 611 hearing for the petition to terminate parental rights and a copy 612 of the petition must be personally served upon the following 613 persons, specifically notifying them that a petition has been 614 filed: 615 1. The parents of the child. 616 2. The legal custodians of the child. 617 3. If the parents who would be entitled to notice are dead 618 or unknown, a living relative of the child, unless upon diligent 619 search and inquiry no such relative can be found. 620 4. Any person who has physical custody of the child. 621 5. Any grandparent entitled to priority for adoption under 622 s. 63.0425. 623 6. Any prospective parent who has been identified and 624 located under s. 39.503 or s. 39.803, unless a court order has 625 been entered pursuant to s. 39.503(4) or (9) or s. 39.803(4) or 626 (9) which indicates no further notice is required. Except as 627 otherwise provided in this section, if there is not a legal 628 father, notice of the petition for termination of parental 629 rights must be provided to any known prospective father who is 630 identified under oath before the court or who is identified and 631 located by a diligent search of the Florida Putative Father 632 Registry. Service of the notice of the petition for termination 633 of parental rights is not required if the prospective father 634 executes an affidavit of nonpaternity or a consent to 635 termination of his parental rights which is accepted by the 636 court after notice and opportunity to be heard by all parties to 637 address the best interests of the child in accepting such 638 affidavit. 639 7. The guardian ad litem for the child or the 640 representative of the guardian ad litem program, if the program 641 has been appointed. 642 643 The document containing the notice to respond or appear must 644 contain, in type at least as large as the type in the balance of 645 the document, the following or substantially similar language: 646 “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING 647 CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF 648 THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND 649 TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE 650 CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS 651 NOTICE.” 652 Section 10. Paragraph (e) of subsection (1) and subsection 653 (2) of section 39.806, Florida Statutes, are amended to read: 654 39.806 Grounds for termination of parental rights.— 655 (1) Grounds for the termination of parental rights may be 656 established under any of the following circumstances: 657 (e) When a child has been adjudicated dependent, a case 658 plan has been filed with the court, and: 659 1. The child continues to be abused, neglected, or 660 abandoned by the parent or parents. The failure of the parent or 661 parents to substantially comply with the case plan for a period 662 of 12 months after an adjudication of the child as a dependent 663 child or the child’s placement into shelter care, whichever 664 occurs first, constitutes evidence of continuing abuse, neglect, 665 or abandonment unless the failure to substantially comply with 666 the case plan was due to the parent’s lack of financial 667 resources or to the failure of the department to make reasonable 668 efforts to reunify the parent and child. The 12-month period 669 begins to run only after the child’s placement into shelter care 670 or the entry of a disposition order placing the custody of the 671 child with the department or a person other than the parent and 672 the court’s approval of a case plan having the goal of 673 reunification with the parent, whichever occurs first;or674 2. The parent or parents have materially breached the case 675 plan by their action or inaction. Time is of the essence for 676 permanency of children in the dependency system. In order to 677 prove the parent or parents have materially breached the case 678 plan, the court must find by clear and convincing evidence that 679 the parent or parents are unlikely or unable to substantially 680 comply with the case plan before time to comply with the case 681 plan expires; or.682 3. The child has been in care for any 12 of the last 22 683 months and the parents have not substantially complied with the 684 case plan so as to permit reunification under s. 39.522(3)s.68539.522(2)unless the failure to substantially comply with the 686 case plan was due to the parent’s lack of financial resources or 687 to the failure of the department to make reasonable efforts to 688 reunify the parent and child. 689 (2) Reasonable efforts to preserve and reunify families are 690 not required if a court of competent jurisdiction has determined 691 that any of the events described in paragraphs (1)(b)-(d) or 692 paragraphs (1)(f)-(n)(1)(f)-(m)have occurred. 693 Section 11. Subsection (9) of section 39.811, Florida 694 Statutes, is amended to read: 695 39.811 Powers of disposition; order of disposition.— 696 (9) After termination of parental rights or a written order 697 of permanent commitment entered under s. 39.5035, the court 698 shall retain jurisdiction over any child for whom custody is 699 given to a social service agency until the child is adopted. The 700 court shall review the status of the child’s placement and the 701 progress being made toward permanent adoptive placement. As part 702 of this continuing jurisdiction, for good cause shown by the 703 guardian ad litem for the child, the court may review the 704 appropriateness of the adoptive placement of the child. The 705 department’s decision to deny an application to adopt a child 706 who is under the court’s jurisdiction is reviewable only through 707 a motion to file a chapter 63 petition as provided in s. 708 39.812(4), and is not subject to chapter 120. 709 Section 12. Subsections (1), (4), and (5) of section 710 39.812, Florida Statutes, are amended to read: 711 39.812 Postdisposition relief; petition for adoption.— 712 (1) If the department is given custody of a child for 713 subsequent adoption in accordance with this chapter, the 714 department may place the child with an agency as defined in s. 715 63.032, with a child-caring agency registered under s. 409.176, 716 or in a family home for prospective subsequent adoption without 717 the need for a court order unless otherwise required under this 718 section. The department may allow prospective adoptive parents 719 to visit with a child in the department’s custody without a 720 court order to determine whether the adoptive placement would be 721 appropriate. The department may thereafter become a party to any 722 proceeding for the legal adoption of the child and appear in any 723 court where the adoption proceeding is pending and consent to 724 the adoption, and that consent alone shall in all cases be 725 sufficient. 726 (4) The court shall retain jurisdiction over any child 727 placed in the custody of the department until the case is closed 728 as provided in s. 39.63the child is adopted. After custody of a 729 child for subsequent adoption has been given to the department, 730 the court has jurisdiction for the purpose of reviewing the 731 status of the child and the progress being made toward permanent 732 adoptive placement. As part of this continuing jurisdiction, for 733 good cause shown by the guardian ad litem for the child, the 734 court may review the appropriateness of the adoptive placement 735 of the child. 736 (a) If the department has denied a person’s application to 737 adopt a child, the denied applicant may file a motion with the 738 court within 30 days after the issuance of the written 739 notification of denial to allow him or her to file a chapter 63 740 petition to adopt a child without the department’s consent. The 741 denied applicant must allege in its motion that the department 742 unreasonably withheld its consent to the adoption. The court, as 743 part of its continuing jurisdiction, may review and rule on the 744 motion. 745 1. The denied applicant only has standing in the chapter 39 746 proceeding to file the motion in paragraph (a) and to present 747 evidence in support of the motion at a hearing, which must be 748 held within 30 days after the filing of the motion. 749 2. At the hearing on the motion, the court may only 750 consider whether the department’s review of the application was 751 consistent with its policies and made in an expeditious manner. 752 The standard of review by the court is whether the department’s 753 denial of the application is an abuse of discretion. The court 754 may not compare the denied applicant against another applicant 755 to determine which placement is in the best interests of the 756 child. 757 3. If the denied applicant establishes by a preponderance 758 of the evidence that the department unreasonably withheld its 759 consent, the court shall enter an order authorizing the denied 760 applicant to file a petition to adopt the child under chapter 63 761 without the department’s consent. 762 4. If the denied applicant does not prove by a 763 preponderance of the evidence that the department unreasonably 764 withheld its consent, the court shall enter an order so finding 765 and dismiss the motion. 766 5. The standing of the denied applicant in the chapter 39 767 proceeding is terminated upon entry of the court’s order. 768 (b) When a licensed foster parent or court-ordered 769 custodian has applied to adopt a child who has resided with the 770 foster parent or custodian for at least 6 months and who has 771 previously been permanently committed to the legal custody of 772 the department and the department does not grant the application 773 to adopt, the department may not, in the absence of a prior 774 court order authorizing it to do so, remove the child from the 775 foster home or custodian, except when: 776 1.(a)There is probable cause to believe that the child is 777 at imminent risk of abuse or neglect; 778 2.(b)Thirty days have expired following written notice to 779 the foster parent or custodian of the denial of the application 780 to adopt, within which period no formal challenge of the 781 department’s decision has been filed;or782 3.(c)The foster parent or custodian agrees to the child’s 783 removal; or.784 4. The department has selected another prospective adoptive 785 parent to adopt the child and either the foster parent or 786 custodian has not filed a motion with the court to allow him or 787 her to file a chapter 63 petition to adopt a child without the 788 department’s consent, as provided under paragraph (a), or the 789 court has denied such a motion. 790 (5) The petition for adoption must be filed in the division 791 of the circuit court which entered the judgment terminating 792 parental rights, unless a motion for change of venue is granted 793 underpursuant tos. 47.122. A copy of the consent executed by 794 the department must be attached to the petition, unless such 795 consent is waived under subsection (4)pursuant to s. 63.062(7). 796 The petition must be accompanied by a statement, signed by the 797 prospective adoptive parents, acknowledging receipt of all 798 information required to be disclosed under s. 63.085 and a form 799 provided by the department which details the social and medical 800 history of the child and each parent and includes the social 801 security number and date of birth for each parent, if such 802 information is available or readily obtainable. The prospective 803 adoptive parents may not file a petition for adoption until the 804 judgment terminating parental rights becomes final. An adoption 805 proceeding under this subsection is governed by chapter 63. 806 Section 13. Subsection (7) of section 63.062, Florida 807 Statutes, is amended to read: 808 63.062 Persons required to consent to adoption; affidavit 809 of nonpaternity; waiver of venue.— 810 (7) If parental rights to the minor have previously been 811 terminated, the adoption entity with which the minor has been 812 placed for subsequent adoption may provide consent to the 813 adoption. In such case, no other consent is required. If the 814 minor has been permanently committed to the department for 815 subsequent adoption, the department must consent to the adoption 816 or, in the alternative, the court order entered under s. 817 39.812(4) finding that the departmentThe consent of the818department shall be waived upon a determination by the court819that such consent is beingunreasonably withheld its consent 820 must be attached to the petition to adopt, andifthe petitioner 821 must filehas filed with the courta favorable preliminary 822 adoptive home study as required under s. 63.092. 823 Section 14. Paragraph (b) of subsection (6) of section 824 63.082, Florida Statutes, is amended to read: 825 63.082 Execution of consent to adoption or affidavit of 826 nonpaternity; family social and medical history; revocation of 827 consent.— 828 (6) 829 (b) Upon execution of the consent of the parent, the 830 adoption entity mustshallbe permitted to intervene in the 831 dependency case as a party in interest and must provide the 832 court that acquired jurisdiction over the minor, pursuant to the 833 shelter order or dependency petition filed by the department, a 834 copy of the preliminary home study of the prospective adoptive 835 parents and any other evidence of the suitability of the 836 placement. The preliminary home study must be maintained with 837 strictest confidentiality within the dependency court file and 838 the department’s file. A preliminary home study must be provided 839 to the court in all cases in which an adoption entity has 840 intervened underpursuant tothis section. The exemption in s. 841 63.092(3) from the home study for a stepparent or relative does 842 not apply if a minor is under the supervision of the department 843 or is otherwise subject to the jurisdiction of the dependency 844 court as a result of the filing of a shelter petition, 845 dependency petition, or termination of parental rights petition 846 under chapter 39. Unless the court has concerns regarding the 847 qualifications of the home study provider, or concerns that the 848 home study may not be adequate to determine the best interests 849 of the child, the home study provided by the adoption entity is 850shall be deemed to besufficient and no additional home study 851 needs to be performed by the department. 852 Section 15. Subsections (8) and (9) of section 402.302, 853 Florida Statutes, are amended to read: 854 402.302 Definitions.—As used in this chapter, the term: 855 (8) “Family day care home” means an occupied primary 856 residence leased or owned by the operator in which child care is 857 regularly provided for children from at least two unrelated 858 families and which receives a payment, fee, or grant for any of 859 the children receiving care, whether or not operated for profit. 860 Household children under 13 years of age, when on the premises 861 of the family day care home or on a field trip with children 862 enrolled in child care, areshall beincluded in the overall 863 capacity of the licensed home. A family day care home isshall864beallowed to provide care for one of the following groups of 865 children, which shall include household children under 13 years 866 of age: 867 (a) A maximum of four children from birth to 12 months of 868 age. 869 (b) A maximum of three children from birth to 12 months of 870 age, and other children, for a maximum total of six children. 871 (c) A maximum of six preschool children if all are older 872 than 12 months of age. 873 (d) A maximum of 10 children if no more than 5 are 874 preschool age and, of those 5, no more than 2 are under 12 875 months of age. 876 (9) “Household children” means children who are related by 877 blood, marriage, or legal adoption to, or who are the legal 878 wards of, the family day care home operator, the large family 879 child care home operator, or an adult household member who 880 permanently or temporarily resides in the home. Supervision of 881 the operator’s household children shall be left to the 882 discretion of the operator unless those children receive 883 subsidized child care through the school readiness program under 884pursuant tos. 1002.92 to be in the home. 885 Section 16. Paragraph (a) of subsection (7), paragraphs (b) 886 and (c) of subsection (9), and subsection (10) of section 887 402.305, Florida Statutes, are amended to read: 888 402.305 Licensing standards; child care facilities.— 889 (7) SANITATION AND SAFETY.— 890 (a) Minimum standards shall include requirements for 891 sanitary and safety conditions, first aid treatment, emergency 892 procedures, and pediatric cardiopulmonary resuscitation. The 893 minimum standards shall require that at least one staff person 894 trained and certified in cardiopulmonary resuscitation, as 895 evidenced by current documentation of course completion, must be 896 present at all times that children are present. 897 (9) ADMISSIONS AND RECORDKEEPING.— 898 (b) At the time of initial enrollment and annually 899 thereafterDuring the months of August and September of each900year, each child care facility shall provide parents of children 901 enrolled in the facility detailed information regarding the 902 causes, symptoms, and transmission of the influenza virus in an 903 effort to educate those parents regarding the importance of 904 immunizing their children against influenza as recommended by 905 the Advisory Committee on Immunization Practices of the Centers 906 for Disease Control and Prevention. 907 (c) At the time of initial enrollment and annually 908 thereafterDuring the months of April and September of each909year, at a minimum, each facility shall provide parents of 910 children enrolled in the facility information regarding the 911 potential for a distracted adult to fail to drop off a child at 912 the facility and instead leave the child in the adult’s vehicle 913 upon arrival at the adult’s destination. The child care facility 914 shall also give parents information about resources with 915 suggestions to avoid this occurrence. The department shall 916 develop a flyer or brochure with this information that shall be 917 posted to the department’s website, which child care facilities 918 may choose to reproduce and provide to parents to satisfy the 919 requirements of this paragraph. 920 (10) TRANSPORTATION SAFETY.— 921 (a) Minimum standards for child care facilities, family day 922 care homes, and large family child care homesshallinclude all 923 of the following: 924 1. Requirements for child restraints or seat belts in 925 vehicles used bychild carefacilities andlarge family child926carehomes to transport children.,927 2. Requirements for annual inspections of suchthe928 vehicles.,929 3. Limitations on the number of children which may be 930 transported in suchthevehicles.,procedures to avoid leaving931children in vehicles when transported by the facility, and932accountability for children transported by the child care933facility. 934 (b) Before providing transportation services or reinstating 935 transportation services after a lapse or discontinuation of 936 longer than 30 days, a child care facility, family day care 937 home, or large family child care home must be approved by the 938 department to transport children. Approval by the department is 939 based on the provider’s demonstration of compliance with all 940 current rules and standards for transportation. 941 (c) A child care facility, family day care home, or large 942 family child care home is not responsible for the safe transport 943 of children when they are being transported by a parent or 944 guardian. 945 Section 17. Subsections (14) and (15) of section 402.313, 946 Florida Statutes, are amended to read: 947 402.313 Family day care homes.— 948 (14) At the time of initial enrollment and annually 949 thereafterDuring the months of August and September of each950year, each family day care home shall provide parents of 951 children enrolled in the home detailed information regarding the 952 causes, symptoms, and transmission of the influenza virus in an 953 effort to educate those parents regarding the importance of 954 immunizing their children against influenza as recommended by 955 the Advisory Committee on Immunization Practices of the Centers 956 for Disease Control and Prevention. 957 (15) At the time of initial enrollment and annually 958 thereafterDuring the months of April and September of each959year, at a minimum, each family day care home shall provide 960 parents of children attending the family day care home 961 information regarding the potential for a distracted adult to 962 fail to drop off a child at the family day care home and instead 963 leave the child in the adult’s vehicle upon arrival at the 964 adult’s destination. The family day care home shall also give 965 parents information about resources with suggestions to avoid 966 this occurrence. The department shall develop a flyer or 967 brochure with this information that shall be posted to the 968 department’s website, which family day care homes may choose to 969 reproduce and provide to parents to satisfy the requirements of 970 this subsection. 971 Section 18. Subsections (8), (9), and (10) of section 972 402.3131, Florida Statutes, are amended to read: 973 402.3131 Large family child care homes.— 974 (8) BeforePrior tobeing licensed by the department, large 975 family child care homes must be approved by the state or local 976 fire marshal in accordance with standards established for child 977 care facilities. 978 (9) At the time of initial enrollment and annually 979 thereafterDuring the months of August and September of each980year, each large family child care home shall provide parents of 981 children enrolled in the home detailed information regarding the 982 causes, symptoms, and transmission of the influenza virus in an 983 effort to educate those parents regarding the importance of 984 immunizing their children against influenza as recommended by 985 the Advisory Committee on Immunization Practices of the Centers 986 for Disease Control and Prevention. 987 (10) At the time of initial enrollment and annually 988 thereafterDuring the months of April and September of each989year, at a minimum, each large family child care home shall 990 provide parents of children attending the large family child 991 care home information regarding the potential for a distracted 992 adult to fail to drop off a child at the large family child care 993 home and instead leave the child in the adult’s vehicle upon 994 arrival at the adult’s destination. The large family child care 995 home shall also give parents information about resources with 996 suggestions to avoid this occurrence. The department shall 997 develop a flyer or brochure with this information that shall be 998 posted to the department’s website, which large family child 999 care homes may choose to reproduce and provide to parents to 1000 satisfy the requirements of this subsection. 1001 Section 19. Subsection (6) and paragraphs (b) and (e) of 1002 subsection (7) of section 409.1451, Florida Statutes, are 1003 amended to read: 1004 409.1451 The Road-to-Independence Program.— 1005 (6) ACCOUNTABILITY.—The department shall develop outcome 1006 measures for the program and other performance measuresin order1007 to maintain oversight of the program.No later than January 311008of each year, the department shall prepare a report on the1009outcome measures and the department’s oversight activities and1010submit the report to the President of the Senate, the Speaker of1011the House of Representatives, and the committees with1012jurisdiction over issues relating to children and families in1013the Senate and the House of Representatives. The report must1014include:1015(a)An analysis of performance on the outcome measures1016developed under this section reported for each community-based1017care lead agency and compared with the performance of the1018department on the same measures.1019(b)A description of the department’s oversight of the1020program, including, by lead agency, any programmatic or fiscal1021deficiencies found, corrective actions required, and current1022status of compliance.1023(c)Any rules adopted or proposed under this section since1024the last report. For the purposes of the first report, any rules1025adopted or proposed under this section must be included.1026 (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The 1027 secretary shall establish the Independent Living Services 1028 Advisory Council for the purpose of reviewing and making 1029 recommendations concerning the implementation and operation of 1030 the provisions of s. 39.6251 and the Road-to-Independence 1031 Program. The advisory council shall function as specified in 1032 this subsection until the Legislature determines that the 1033 advisory council can no longer provide a valuable contribution 1034 to the department’s efforts to achieve the goals of the services 1035 designed to enable a young adult to live independently. 1036(b)The advisory council shall report to the secretary on1037the status of the implementation of the Road-to-Independence1038Program, efforts to publicize the availability of the Road-to1039Independence Program, the success of the services, problems1040identified, recommendations for department or legislative1041action, and the department’s implementation of the1042recommendations contained in the Independent Living Services1043Integration Workgroup Report submitted to the appropriate1044substantive committees of the Legislature by December 31, 2013.1045The department shall submit a report by December 31 of each year1046to the Governor, the President of the Senate, and the Speaker of1047the House of Representatives which includes a summary of the1048factors reported on by the council and identifies the1049recommendations of the advisory council and either describes the1050department’s actions to implement the recommendations or1051provides the department’s rationale for not implementing the1052recommendations.1053(e)The advisory council report required under paragraph1054(b) must include an analysis of the system of independent living1055transition services for young adults who reach 18 years of age1056while in foster care before completing high school or its1057equivalent and recommendations for department or legislative1058action. The council shall assess and report on the most1059effective method of assisting these young adults to complete1060high school or its equivalent by examining the practices of1061other states.1062 Section 20. This act shall take effect October 1, 2020. 1063 1064 ================= T I T L E A M E N D M E N T ================ 1065 And the title is amended as follows: 1066 Delete everything before the enacting clause 1067 and insert: 1068 A bill to be entitled 1069 An act relating to child welfare; amending s. 25.385, 1070 F.S.; requiring the Florida Court Educational Council 1071 to establish certain standards for instruction of 1072 specified circuit court judges; amending s. 39.205, 1073 F.S.; deleting a requirement for the Department of 1074 Children and Families to report certain information to 1075 the Legislature; amending s. 39.302, F.S.; requiring 1076 the department to review certain reports under certain 1077 circumstances; amending s. 39.407, F.S.; transferring 1078 certain duties to the department from the Agency for 1079 Health Care Administration; creating s. 39.5035, F.S.; 1080 providing court procedures and requirements relating 1081 to deceased parents of a dependent child; providing 1082 requirements for petitions for adjudication and 1083 permanent commitment for certain children; amending s. 1084 39.521, F.S.; deleting provisions relating to 1085 protective supervision; deleting provisions relating 1086 to the court’s authority to enter an order ending its 1087 jurisdiction over a child under certain circumstances; 1088 amending s. 39.522, F.S.; providing requirements for a 1089 modification of placement of a child under the 1090 supervision of the department; amending s. 39.6011, 1091 F.S.; providing timeframes in which case plans must be 1092 filed with the court and be provided to specified 1093 parties; amending s. 39.801, F.S.; conforming 1094 provisions to changes made by the act; amending s. 1095 39.806, F.S.; conforming cross-references; amending s. 1096 39.811, F.S.; expanding conditions under which a court 1097 retains jurisdiction; providing when certain decisions 1098 relating to adoption are reviewable; amending s. 1099 39.812, F.S.; authorizing the department to take 1100 certain actions without a court order; authorizing 1101 certain persons to file a petition to adopt a child 1102 without the department’s consent; providing standing 1103 requirements; providing a standard of proof; providing 1104 responsibilities of the court in such cases; amending 1105 s. 63.062, F.S.; requiring the department to consent 1106 to certain adoptions; providing exceptions; amending 1107 s. 63.082, F.S.; providing construction; amending s. 1108 402.302, F.S.; revising definitions; amending s. 1109 402.305, F.S.; requiring a certain number of staff 1110 persons at child care facilities to be certified in 1111 certain safety techniques; requiring child care 1112 facilities to provide certain information to parents 1113 at the time of initial enrollment and annually 1114 thereafter; revising minimum standards for child care 1115 facilities, family day care homes, and large family 1116 child care homes relating to transportation; requiring 1117 child care facilities, family day care homes, and 1118 large family child care homes to be approved by the 1119 department to transport children in certain 1120 situations; amending s. 402.313, F.S.; requiring 1121 family day care homes to provide certain information 1122 to parents at the time of enrollment and annually 1123 thereafter; amending s. 402.3131, F.S.; requiring 1124 large family child care homes to provide certain 1125 information to parents at the time of enrollment and 1126 annually thereafter; amending s. 409.1451, F.S.; 1127 deleting a reporting requirement of the department and 1128 the Independent Living Services Advisory Council; 1129 providing an effective date.