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_154690.html
Bill Title: Child Welfare
Status: 2020-03-14 - Died in Appropriations [S1548 Detail]
Download: Florida-2020-S1548-Senate_Committee_Amendment_154690.html
Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 1548 Ì1546901Î154690 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. Section 39.63, Florida Statutes, is created to 604 read: 605 39.63 Case closure.—Unless s. 39.6251 applies, the court 606 shall close the judicial case for all proceedings under this 607 chapter by terminating protective supervision and its 608 jurisdiction as provided in this section. 609 (1) If a child is placed under the protective supervision 610 of the department, the protective supervision continues until 611 such supervision is terminated by the court or until the child 612 reaches the age of 18, whichever occurs first. The court shall 613 terminate protective supervision when it determines that 614 permanency has been achieved for the child and supervision is no 615 longer needed. If the court adopts a permanency goal of 616 reunification with a parent or legal custodian from whom the 617 child was initially removed, the court must retain jurisdiction 618 and the department must supervise the placement for a minimum of 619 6 months after reunification. The court shall determine whether 620 its jurisdiction should be continued or terminated based on a 621 report of the department or the child’s guardian ad litem. The 622 termination of supervision may be with or without retaining 623 jurisdiction, at the court’s discretion. 624 (2) The order terminating protective supervision must set 625 forth the powers of the legal custodian of the child and include 626 the powers originally granted to a guardian of the person of a 627 minor unless otherwise specified. 628 (3) Upon the court’s termination of supervision by the 629 department, further judicial reviews are not required. 630 (4) The court must enter a written order terminating its 631 jurisdiction over a child when the child is returned to his or 632 her parent. However, the court must retain jurisdiction over the 633 child for a minimum of 6 months after reunification and may not 634 terminate its jurisdiction until the court determines that 635 protective supervision is no longer needed. 636 (5) If a child was not removed from the home, the court 637 must enter a written order terminating its jurisdiction over the 638 child when the court determines that permanency has been 639 achieved. 640 (6) If a child is placed in the custody of a parent and the 641 court determines that reasonable efforts to reunify the child 642 with the other parent are not required, the court may, at any 643 time, order that the custodial parent assume sole custodial 644 responsibilities for the child, provide for reasonable 645 visitation by the noncustodial parent, and terminate its 646 jurisdiction over the child. If the court previously approved a 647 case plan that requires services to be provided to the 648 noncustodial parent, the court may not terminate its 649 jurisdiction before the case plan expires unless the court finds 650 by a preponderance of the evidence that it is not likely that 651 the child will be reunified with the noncustodial parent within 652 12 months after the child was removed from the home. 653 (7) When a child has been adopted under a chapter 63 654 proceeding, the court must enter a written order terminating its 655 jurisdiction over the child in the chapter 39 proceeding. 656 Section 10. Paragraph (e) of subsection (1) and subsection 657 (2) of section 39.806, Florida Statutes, are amended to read: 658 39.806 Grounds for termination of parental rights.— 659 (1) Grounds for the termination of parental rights may be 660 established under any of the following circumstances: 661 (e) When a child has been adjudicated dependent, a case 662 plan has been filed with the court, and: 663 1. The child continues to be abused, neglected, or 664 abandoned by the parent or parents. The failure of the parent or 665 parents to substantially comply with the case plan for a period 666 of 12 months after an adjudication of the child as a dependent 667 child or the child’s placement into shelter care, whichever 668 occurs first, constitutes evidence of continuing abuse, neglect, 669 or abandonment unless the failure to substantially comply with 670 the case plan was due to the parent’s lack of financial 671 resources or to the failure of the department to make reasonable 672 efforts to reunify the parent and child. The 12-month period 673 begins to run only after the child’s placement into shelter care 674 or the entry of a disposition order placing the custody of the 675 child with the department or a person other than the parent and 676 the court’s approval of a case plan having the goal of 677 reunification with the parent, whichever occurs first;or678 2. The parent or parents have materially breached the case 679 plan by their action or inaction. Time is of the essence for 680 permanency of children in the dependency system. In order to 681 prove the parent or parents have materially breached the case 682 plan, the court must find by clear and convincing evidence that 683 the parent or parents are unlikely or unable to substantially 684 comply with the case plan before time to comply with the case 685 plan expires; or.686 3. The child has been in care for any 12 of the last 22 687 months and the parents have not substantially complied with the 688 case plan so as to permit reunification under s. 39.522(3)s.68939.522(2)unless the failure to substantially comply with the 690 case plan was due to the parent’s lack of financial resources or 691 to the failure of the department to make reasonable efforts to 692 reunify the parent and child. 693 (2) Reasonable efforts to preserve and reunify families are 694 not required if a court of competent jurisdiction has determined 695 that any of the events described in paragraphs (1)(b)-(d) or 696 paragraphs (1)(f)-(n)(1)(f)-(m)have occurred. 697 Section 11. Subsection (9) of section 39.811, Florida 698 Statutes, is amended to read: 699 39.811 Powers of disposition; order of disposition.— 700 (9) After termination of parental rights or a written order 701 of permanent commitment entered under s. 39.5035, the court 702 shall retain jurisdiction over any child for whom custody is 703 given to a social service agency until the child is adopted. The 704 court shall review the status of the child’s placement and the 705 progress being made toward permanent adoptive placement. As part 706 of this continuing jurisdiction, for good cause shown by the 707 guardian ad litem for the child, the court may review the 708 appropriateness of the adoptive placement of the child. The 709 department’s decision to deny an application to adopt a child 710 who is under the court’s jurisdiction is reviewable only through 711 a motion to file a chapter 63 petition as provided in s. 712 39.812(4), and is not subject to chapter 120. 713 Section 12. Subsections (1), (4), and (5) of section 714 39.812, Florida Statutes, are amended to read: 715 39.812 Postdisposition relief; petition for adoption.— 716 (1) If the department is given custody of a child for 717 subsequent adoption in accordance with this chapter, the 718 department may place the child with an agency as defined in s. 719 63.032, with a child-caring agency registered under s. 409.176, 720 or in a family home for prospective subsequent adoption without 721 the need for a court order unless otherwise required under this 722 section. The department may allow prospective adoptive parents 723 to visit with a child in the department’s custody without a 724 court order to determine whether the adoptive placement would be 725 appropriate. The department may thereafter become a party to any 726 proceeding for the legal adoption of the child and appear in any 727 court where the adoption proceeding is pending and consent to 728 the adoption, and that consent alone shall in all cases be 729 sufficient. 730 (4) The court shall retain jurisdiction over any child 731 placed in the custody of the department until the case is closed 732 as provided in s. 39.63the child is adopted. After custody of a 733 child for subsequent adoption has been given to the department, 734 the court has jurisdiction for the purpose of reviewing the 735 status of the child and the progress being made toward permanent 736 adoptive placement. As part of this continuing jurisdiction, for 737 good cause shown by the guardian ad litem for the child, the 738 court may review the appropriateness of the adoptive placement 739 of the child. 740 (a) If the department has denied a person’s application to 741 adopt a child, the denied applicant may file a motion with the 742 court within 30 days after the issuance of the written 743 notification of denial to allow him or her to file a chapter 63 744 petition to adopt a child without the department’s consent. The 745 denied applicant must allege in its motion that the department 746 unreasonably withheld its consent to the adoption. The court, as 747 part of its continuing jurisdiction, may review and rule on the 748 motion. 749 1. The denied applicant only has standing in the chapter 39 750 proceeding to file the motion in paragraph (a) and to present 751 evidence in support of the motion at a hearing, which must be 752 held within 30 days after the filing of the motion. 753 2. At the hearing on the motion, the court may only 754 consider whether the department’s review of the application was 755 consistent with its policies and made in an expeditious manner. 756 The standard of review by the court is whether the department’s 757 denial of the application is an abuse of discretion. The court 758 may not compare the denied applicant against another applicant 759 to determine which placement is in the best interests of the 760 child. 761 3. If the denied applicant establishes by a preponderance 762 of the evidence that the department unreasonably withheld its 763 consent, the court shall enter an order authorizing the denied 764 applicant to file a petition to adopt the child under chapter 63 765 without the department’s consent. 766 4. If the denied applicant does not prove by a 767 preponderance of the evidence that the department unreasonably 768 withheld its consent, the court shall enter an order so finding 769 and dismiss the motion. 770 5. The standing of the denied applicant in the chapter 39 771 proceeding is terminated upon entry of the court’s order. 772 (b) When a licensed foster parent or court-ordered 773 custodian has applied to adopt a child who has resided with the 774 foster parent or custodian for at least 6 months and who has 775 previously been permanently committed to the legal custody of 776 the department and the department does not grant the application 777 to adopt, the department may not, in the absence of a prior 778 court order authorizing it to do so, remove the child from the 779 foster home or custodian, except when: 780 1.(a)There is probable cause to believe that the child is 781 at imminent risk of abuse or neglect; 782 2.(b)Thirty days have expired following written notice to 783 the foster parent or custodian of the denial of the application 784 to adopt, within which period no formal challenge of the 785 department’s decision has been filed;or786 3.(c)The foster parent or custodian agrees to the child’s 787 removal; or.788 4. The department has selected another prospective adoptive 789 parent to adopt the child and either the foster parent or 790 custodian has not filed a motion with the court to allow him or 791 her to file a chapter 63 petition to adopt a child without the 792 department’s consent, as provided under paragraph (a), or the 793 court has denied such a motion. 794 (5) The petition for adoption must be filed in the division 795 of the circuit court which entered the judgment terminating 796 parental rights, unless a motion for change of venue is granted 797 underpursuant tos. 47.122. A copy of the consent executed by 798 the department must be attached to the petition, unless such 799 consent is waived under subsection (4)pursuant to s. 63.062(7). 800 The petition must be accompanied by a statement, signed by the 801 prospective adoptive parents, acknowledging receipt of all 802 information required to be disclosed under s. 63.085 and a form 803 provided by the department which details the social and medical 804 history of the child and each parent and includes the social 805 security number and date of birth for each parent, if such 806 information is available or readily obtainable. The prospective 807 adoptive parents may not file a petition for adoption until the 808 judgment terminating parental rights becomes final. An adoption 809 proceeding under this subsection is governed by chapter 63. 810 Section 13. Section 39.820, Florida Statutes, is amended to 811 read: 812 39.820 Definitions.—As used in this chapterpart, the term: 813 (1) “Guardian ad litem” as referred to in any civil or 814 criminal proceeding includes the following: The Statewide 815 Guardian Ad Litem Office, which includes circuita certified816 guardian ad litem programs;program,a duly certified volunteer, 817 a staff member, a staff attorney, a contract attorney, or 818certifieda pro bono attorney working on behalf of a guardian ad 819 litemor the program; staff members of a program office; a 820 court-appointed attorney; or a responsible adult who is 821 appointed by the court to represent the best interests of a 822 child in a proceeding as provided for by law, including, but not 823 limited to, this chapter, who is a party to any judicial 824 proceeding as a representative of the child, and who serves 825 until discharged by the court. 826 (2) “Guardian advocate” means a person appointed by the 827 court to act on behalf of a drug dependent newborn pursuant to 828 the provisions of this part. 829 Section 14. Subsection (7) of section 63.062, Florida 830 Statutes, is amended to read: 831 63.062 Persons required to consent to adoption; affidavit 832 of nonpaternity; waiver of venue.— 833 (7) If parental rights to the minor have previously been 834 terminated, the adoption entity with which the minor has been 835 placed for subsequent adoption may provide consent to the 836 adoption. In such case, no other consent is required. If the 837 minor has been permanently committed to the department for 838 subsequent adoption, the department must consent to the adoption 839 or, in the alternative, the court order entered under s. 840 39.812(4) finding that the departmentThe consent of the841department shall be waived upon a determination by the court842that such consent is beingunreasonably withheld its consent 843 must be attached to the petition to adopt, andifthe petitioner 844 must filehas filed with the courta favorable preliminary 845 adoptive home study as required under s. 63.092. 846 Section 15. Paragraph (b) of subsection (6) of section 847 63.082, Florida Statutes, is amended to read: 848 63.082 Execution of consent to adoption or affidavit of 849 nonpaternity; family social and medical history; revocation of 850 consent.— 851 (6) 852 (b) Upon execution of the consent of the parent, the 853 adoption entity isshall bepermitted to intervene in the 854 dependency case as a party in interest and must provide the 855 court that acquired jurisdiction over the minor, pursuant to the 856 shelter order or dependency petition filed by the department, a 857 copy of the preliminary home study of the prospective adoptive 858 parents and any other evidence of the suitability of the 859 placement. The preliminary home study must be maintained with 860 strictest confidentiality within the dependency court file and 861 the department’s file. A preliminary home study must be provided 862 to the court in all cases in which an adoption entity has 863 intervened underpursuant tothis section. The exemption in s. 864 63.092(3) from the home study for a stepparent or relative does 865 not apply if a minor is under the supervision of the department 866 or is otherwise subject to the jurisdiction of the dependency 867 court as a result of the filing of a shelter petition, 868 dependency petition, or termination of parental rights petition 869 under chapter 39. Unless the court has concerns regarding the 870 qualifications of the home study provider, or concerns that the 871 home study may not be adequate to determine the best interests 872 of the child, the home study provided by the adoption entity is 873shall be deemed to besufficient and no additional home study 874 needs to be performed by the department. 875 Section 16. Subsections (8) and (9) of section 402.302, 876 Florida Statutes, are amended to read: 877 402.302 Definitions.—As used in this chapter, the term: 878 (8) “Family day care home” means an occupied primary 879 residence leased or owned by the operator in which child care is 880 regularly provided for children from at least two unrelated 881 families and which receives a payment, fee, or grant for any of 882 the children receiving care, whether or not operated for profit. 883 Household children under 13 years of age, when on the premises 884 of the family day care home or on a field trip with children 885 enrolled in child care, areshall beincluded in the overall 886 capacity of the licensed home. A family day care home isshall887beallowed to provide care for one of the following groups of 888 children, which shall include household children under 13 years 889 of age: 890 (a) A maximum of four children from birth to 12 months of 891 age. 892 (b) A maximum of three children from birth to 12 months of 893 age, and other children, for a maximum total of six children. 894 (c) A maximum of six preschool children if all are older 895 than 12 months of age. 896 (d) A maximum of 10 children if no more than 5 are 897 preschool age and, of those 5, no more than 2 are under 12 898 months of age. 899 (9) “Household children” means children who are related by 900 blood, marriage, or legal adoption to, or who are the legal 901 wards of, the family day care home operator, the large family 902 child care home operator, or an adult household member who 903 permanently or temporarily resides in the home. Supervision of 904 the operator’s household children shall be left to the 905 discretion of the operator unless those children receive 906 subsidized child care through the school readiness program under 907pursuant tos. 1002.92 to be in the home. 908 Section 17. Paragraph (a) of subsection (7), paragraphs (b) 909 and (c) of subsection (9), and subsection (10) of section 910 402.305, Florida Statutes, are amended to read: 911 402.305 Licensing standards; child care facilities.— 912 (7) SANITATION AND SAFETY.— 913 (a) Minimum standards shall include requirements for 914 sanitary and safety conditions, first aid treatment, emergency 915 procedures, and pediatric cardiopulmonary resuscitation. The 916 minimum standards shall require that at least one staff person 917 trained and certified in cardiopulmonary resuscitation, as 918 evidenced by current documentation of course completion, must be 919 present at all times that children are present. 920 (9) ADMISSIONS AND RECORDKEEPING.— 921 (b) At the time of initial enrollment and annually 922 thereafterDuring the months of August and September of each923year, each child care facility shall provide parents of children 924 enrolled in the facility detailed information regarding the 925 causes, symptoms, and transmission of the influenza virus in an 926 effort to educate those parents regarding the importance of 927 immunizing their children against influenza as recommended by 928 the Advisory Committee on Immunization Practices of the Centers 929 for Disease Control and Prevention. 930 (c) At the time of initial enrollment and annually 931 thereafterDuring the months of April and September of each932year, at a minimum, each facility shall provide parents of 933 children enrolled in the facility information regarding the 934 potential for a distracted adult to fail to drop off a child at 935 the facility and instead leave the child in the adult’s vehicle 936 upon arrival at the adult’s destination. The child care facility 937 shall also give parents information about resources with 938 suggestions to avoid this occurrence. The department shall 939 develop a flyer or brochure with this information that shall be 940 posted to the department’s website, which child care facilities 941 may choose to reproduce and provide to parents to satisfy the 942 requirements of this paragraph. 943 (10) TRANSPORTATION SAFETY.— 944 (a) Minimum standards for child care facilities, family day 945 care homes, and large family child care homesshallinclude all 946 of the following: 947 1. Requirements for child restraints or seat belts in 948 vehicles used bychild carefacilities andlarge family child949carehomes to transport children.,950 2. Requirements for annual inspections of suchthe951 vehicles.,952 3. Limitations on the number of children which may be 953 transported in suchthevehicles.,954 4. Procedures to avoid leaving children in vehicles when 955 transported by the facility, and accountability for children 956 transported by the child care facility. 957 (b) Before providing transportation services or reinstating 958 transportation services after a lapse or discontinuation of 959 longer than 30 days, a child care facility, family day care 960 home, or large family child care home must be approved by the 961 department to transport children. Approval by the department is 962 based on the provider’s demonstration of compliance with all 963 current rules and standards for transportation. 964 (c) A child care facility, family day care home, or large 965 family child care home is not responsible for the safe transport 966 of children when they are being transported by a parent or 967 guardian. 968 Section 18. Subsections (14) and (15) of section 402.313, 969 Florida Statutes, are amended to read: 970 402.313 Family day care homes.— 971 (14) At the time of initial enrollment and annually 972 thereafterDuring the months of August and September of each973year, each family day care home shall provide parents of 974 children enrolled in the home detailed information regarding the 975 causes, symptoms, and transmission of the influenza virus in an 976 effort to educate those parents regarding the importance of 977 immunizing their children against influenza as recommended by 978 the Advisory Committee on Immunization Practices of the Centers 979 for Disease Control and Prevention. 980 (15) At the time of initial enrollment and annually 981 thereafterDuring the months of April and September of each982year, at a minimum, each family day care home shall provide 983 parents of children attending the family day care home 984 information regarding the potential for a distracted adult to 985 fail to drop off a child at the family day care home and instead 986 leave the child in the adult’s vehicle upon arrival at the 987 adult’s destination. The family day care home shall also give 988 parents information about resources with suggestions to avoid 989 this occurrence. The department shall develop a flyer or 990 brochure with this information that shall be posted to the 991 department’s website, which family day care homes may choose to 992 reproduce and provide to parents to satisfy the requirements of 993 this subsection. 994 Section 19. Subsections (8), (9), and (10) of section 995 402.3131, Florida Statutes, are amended to read: 996 402.3131 Large family child care homes.— 997 (8) BeforePrior tobeing licensed by the department, large 998 family child care homes must be approved by the state or local 999 fire marshal in accordance with standards established for child 1000 care facilities. 1001 (9) At the time of initial enrollment and annually 1002 thereafterDuring the months of August and September of each1003year, each large family child care home shall provide parents of 1004 children enrolled in the home detailed information regarding the 1005 causes, symptoms, and transmission of the influenza virus in an 1006 effort to educate those parents regarding the importance of 1007 immunizing their children against influenza as recommended by 1008 the Advisory Committee on Immunization Practices of the Centers 1009 for Disease Control and Prevention. 1010 (10) At the time of initial enrollment and annually 1011 thereafterDuring the months of April and September of each1012year, at a minimum, each large family child care home shall 1013 provide parents of children attending the large family child 1014 care home information regarding the potential for a distracted 1015 adult to fail to drop off a child at the large family child care 1016 home and instead leave the child in the adult’s vehicle upon 1017 arrival at the adult’s destination. The large family child care 1018 home shall also give parents information about resources with 1019 suggestions to avoid this occurrence. The department shall 1020 develop a flyer or brochure with this information that shall be 1021 posted to the department’s website, which large family child 1022 care homes may choose to reproduce and provide to parents to 1023 satisfy the requirements of this subsection. 1024 Section 20. Subsection (6) and paragraphs (b) and (e) of 1025 subsection (7) of section 409.1451, Florida Statutes, are 1026 amended to read: 1027 409.1451 The Road-to-Independence Program.— 1028 (6) ACCOUNTABILITY.—The department shall develop outcome 1029 measures for the program and other performance measuresin order1030 to maintain oversight of the program.No later than January 311031of each year, the department shall prepare a report on the1032outcome measures and the department’s oversight activities and1033submit the report to the President of the Senate, the Speaker of1034the House of Representatives, and the committees with1035jurisdiction over issues relating to children and families in1036the Senate and the House of Representatives. The report must1037include:1038(a)An analysis of performance on the outcome measures1039developed under this section reported for each community-based1040care lead agency and compared with the performance of the1041department on the same measures.1042(b)A description of the department’s oversight of the1043program, including, by lead agency, any programmatic or fiscal1044deficiencies found, corrective actions required, and current1045status of compliance.1046(c)Any rules adopted or proposed under this section since1047the last report. For the purposes of the first report, any rules1048adopted or proposed under this section must be included.1049 (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The 1050 secretary shall establish the Independent Living Services 1051 Advisory Council for the purpose of reviewing and making 1052 recommendations concerning the implementation and operation of 1053 the provisions of s. 39.6251 and the Road-to-Independence 1054 Program. The advisory council shall function as specified in 1055 this subsection until the Legislature determines that the 1056 advisory council can no longer provide a valuable contribution 1057 to the department’s efforts to achieve the goals of the services 1058 designed to enable a young adult to live independently. 1059(b)The advisory council shall report to the secretary on1060the status of the implementation of the Road-to-Independence1061Program, efforts to publicize the availability of the Road-to1062Independence Program, the success of the services, problems1063identified, recommendations for department or legislative1064action, and the department’s implementation of the1065recommendations contained in the Independent Living Services1066Integration Workgroup Report submitted to the appropriate1067substantive committees of the Legislature by December 31, 2013.1068The department shall submit a report by December 31 of each year1069to the Governor, the President of the Senate, and the Speaker of1070the House of Representatives which includes a summary of the1071factors reported on by the council and identifies the1072recommendations of the advisory council and either describes the1073department’s actions to implement the recommendations or1074provides the department’s rationale for not implementing the1075recommendations.1076(e)The advisory council report required under paragraph1077(b) must include an analysis of the system of independent living1078transition services for young adults who reach 18 years of age1079while in foster care before completing high school or its1080equivalent and recommendations for department or legislative1081action. The council shall assess and report on the most1082effective method of assisting these young adults to complete1083high school or its equivalent by examining the practices of1084other states.1085 Section 21. This act shall take effect October 1, 2020. 1086 1087 ================= T I T L E A M E N D M E N T ================ 1088 And the title is amended as follows: 1089 Delete everything before the enacting clause 1090 and insert: 1091 A bill to be entitled 1092 An act relating to child welfare; amending s. 25.385, 1093 F.S.; requiring the Florida Court Educational Council 1094 to establish certain standards for instruction of 1095 specified circuit court judges; amending s. 39.205, 1096 F.S.; deleting a requirement for the Department of 1097 Children and Families to report certain information to 1098 the Legislature; amending s. 39.302, F.S.; requiring 1099 the department to review certain reports under certain 1100 circumstances; amending s. 39.407, F.S.; transferring 1101 certain duties to the department from the Agency for 1102 Health Care Administration; creating s. 39.5035, F.S.; 1103 providing court procedures and requirements relating 1104 to deceased parents of a dependent child; providing 1105 requirements for petitions for adjudication and 1106 permanent commitment for certain children; amending s. 1107 39.521, F.S.; deleting provisions relating to 1108 protective supervision; deleting provisions relating 1109 to the court’s authority to enter an order ending its 1110 jurisdiction over a child under certain circumstances; 1111 amending s. 39.522, F.S.; providing requirements for a 1112 modification of placement of a child under the 1113 supervision of the department; amending s. 39.6011, 1114 F.S.; providing timeframes in which case plans must be 1115 filed with the court and be provided to specified 1116 parties; creating s. 39.63, F.S.; providing procedures 1117 and requirements for closing a case under chapter 39; 1118 amending s. 39.806, F.S.; conforming cross-references; 1119 amending s. 39.811, F.S.; expanding conditions under 1120 which a court retains jurisdiction; providing when 1121 certain decisions relating to adoption are reviewable; 1122 amending s. 39.812, F.S.; authorizing the department 1123 to take certain actions without a court order; 1124 authorizing certain persons to file a petition to 1125 adopt a child without the department’s consent; 1126 providing standing requirements; providing a standard 1127 of proof; providing responsibilities of the court in 1128 such cases; amending s. 39.820, F.S.; revising the 1129 definition of the term “guardian ad litem”; amending 1130 s. 63.062, F.S.; requiring the department to consent 1131 to certain adoptions; providing exceptions; amending 1132 s. 63.082, F.S.; providing construction; amending s. 1133 402.302, F.S.; revising definitions; amending s. 1134 402.305, F.S.; requiring a certain number of staff 1135 persons at child care facilities to be certified in 1136 certain safety techniques; requiring child care 1137 facilities to provide certain information to parents 1138 at the time of initial enrollment and annually 1139 thereafter; revising minimum standards for child care 1140 facilities, family day care homes, and large family 1141 child care homes relating to transportation; requiring 1142 child care facilities, family day care homes, and 1143 large family child care homes to be approved by the 1144 department to transport children in certain 1145 situations; amending s. 402.313, F.S.; requiring 1146 family day care homes to provide certain information 1147 to parents at the time of enrollment and annually 1148 thereafter; amending s. 402.3131, F.S.; requiring 1149 large family child care homes to provide certain 1150 information to parents at the time of enrollment and 1151 annually thereafter; amending s. 409.1451, F.S.; 1152 deleting a reporting requirement of the department and 1153 the Independent Living Services Advisory Council; 1154 providing an effective date.