Bill Text: FL S1396 | 2019 | Regular Session | Introduced
Bill Title: Child Welfare
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Children, Families, and Elder Affairs [S1396 Detail]
Download: Florida-2019-S1396-Introduced.html
Florida Senate - 2019 SB 1396 By Senator Albritton 26-01313A-19 20191396__ 1 A bill to be entitled 2 An act relating to child welfare; amending s. 39.01, 3 F.S.; providing a definition; conforming cross 4 references; amending s. 39.6011, F.S.; requiring a 5 case plan to include conditions for return of a child 6 that has been sheltered; requiring that the case plan 7 describe the responsibility of certain persons to 8 communicate effectively; requiring the court to be 9 notified if ineffective communication takes place; 10 amending s. 39.621, F.S.; providing additional factors 11 for a court to consider when deciding certain motions; 12 amending s. 39.701, F.S.; requiring a foster parent or 13 legal custodian to disclose to the court any 14 communication not in compliance with the case plan; 15 requiring a court and citizen review panel to 16 determine whether communications between certain 17 parties are effective; providing an additional 18 requirement for when a court must return a child to 19 the custody of the child’s parents; amending ss. 20 39.302, 39.521, 39.6012, 322.09, 394.495, 627.746, 21 934.255, and 960.065, F.S.; conforming cross 22 references; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Present subsections (20) through (87) of section 27 39.01, Florida Statutes, are redesignated as subsections (21) 28 through (88) respectively, subsection (10) and present 29 subsection (37) are amended, and a new subsection (20) is added 30 to that section, to read: 31 39.01 Definitions.—When used in this chapter, unless the 32 context otherwise requires: 33 (10) “Caregiver” means the parent, legal custodian, 34 permanent guardian, adult household member, or other person 35 responsible for a child’s welfare as defined in this section 36subsection (54). 37 (20) “Conditions for return” means the minimum conditions 38 that must exist with respect to a specific family’s 39 circumstances, including, but not limited to, the home 40 environment and a caregiver’s perception, behavior, protective 41 capacity, and safety resources, to allow for reunification to 42 occur with the use of an in-home safety plan. 43 (38)(37)“Institutional child abuse or neglect” means 44 situations of known or suspected child abuse or neglect in which 45 the person allegedly perpetrating the child abuse or neglect is 46 an employee of a private school, public or private day care 47 center, residential home, institution, facility, or agency or 48 any other person at such institution responsible for the child’s 49 care as defined in this sectionsubsection (54). 50 Section 2. Present paragraphs (b) through (e) of subsection 51 (2) of section 39.6011, Florida Statutes, are redesignated as 52 paragraphs (c) through (f), respectively, present paragraphs (b) 53 through (d) of subsection (4) are redesignated as paragraphs (c) 54 through and (e), respectively, a new paragraph (b) is added to 55 subsection (2) of that section, and a new paragraph (b) is added 56 to subsection (4) of that section, to read: 57 39.6011 Case plan development.— 58 (2) The case plan must be written simply and clearly in 59 English and, if English is not the principal language of the 60 child’s parent, to the extent possible in the parent’s principal 61 language. Each case plan must contain: 62 (b) A description of the conditions for return if a child 63 has been sheltered. 64 (4) The case plan must describe: 65 (b) The responsibility of the parents, foster parents, or 66 legal custodians to communicate effectively, which includes, but 67 is not limited to, refraining from harassing or inappropriate 68 communication, to promote the safety, well-being, and physical, 69 mental, and emotional health of the child. A parent, foster 70 parent, or legal custodian shall notify the court if ineffective 71 communication takes place; 72 Section 3. Subsection (11) of section 39.621, Florida 73 Statutes, is amended to read: 74 39.621 Permanency determination by the court.— 75 (11) The court shall base its decision concerning any 76 motion by a parent for reunification or increased contact with a 77 child on the effect of the decision on the safety, well-being, 78 and physical, mental, and emotional health of the child. Factors 79 that must be considered and addressed in the findings of fact of 80 the order on the motion must include: 81 (a) The compliance or noncompliance of the parent with the 82 case plan and the likelihood that the parent will complete the 83 case plan in a reasonable amount of time; 84 (b) Whether a parent has met the conditions for return in 85 the case plan, including, but not limited to, demonstrating 86 necessary changes in protective capacity so that the child’s 87 safety, well-being, and physical, mental, and emotional health 88 are not endangered if reunification is ordered by the court; 89 (c) The circumstances which caused the child’s dependency 90 and whether those circumstances have been resolved; 91 (d)(c)The stability and longevity of the child’s 92 placement; 93 (e)(d)The preferences of the child, if the child is of 94 sufficient age and understanding to express a preference; 95 (f)(e)The recommendation of the current custodian; and 96 (g)(f)The recommendation of the guardian ad litem, if one 97 has been appointed. 98 Section 4. Paragraphs (a), (c), and (d) of subsection (2) 99 of section 39.701, Florida Statutes, are amended to read: 100 39.701 Judicial review.— 101 (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 102 AGE.— 103 (a) Social study report for judicial review.—Before every 104 judicial review hearing or citizen review panel hearing, the 105 social service agency shall make an investigation and social 106 study concerning all pertinent details relating to the child and 107 shall furnish to the court or citizen review panel a written 108 report that includes, but is not limited to: 109 1. A description of the type of placement the child is in 110 at the time of the hearing, including the safety of the child 111 and the continuing necessity for and appropriateness of the 112 placement. 113 2. Documentation of the diligent efforts made by all 114 parties to the case plan to comply with each applicable 115 provision of the plan. 116 3. The amount of fees assessed and collected during the 117 period of time being reported. 118 4. The services provided to the foster family or legal 119 custodian in an effort to address the needs of the child as 120 indicated in the case plan. 121 5. A statement that either: 122 a. The parent, though able to do so, did not comply 123 substantially with the case plan, and the agency 124 recommendations; 125 b. The parent did substantially comply with the case plan; 126 or 127 c. The parent has partially complied with the case plan, 128 with a summary of additional progress needed and the agency 129 recommendations. 130 6. A statement from the foster parent or legal custodian 131 providing any material evidence concerning the return of the 132 child to the parent or parents, including, but not limited to, 133 any communication that is not in compliance with the case plan. 134 7. A statement concerning the frequency, duration, and 135 results of the parent-child visitation, if any, and the agency 136 recommendations for an expansion or restriction of future 137 visitation. 138 8. The number of times a child has been removed from his or 139 her home and placed elsewhere, the number and types of 140 placements that have occurred, and the reason for the changes in 141 placement. 142 9. The number of times a child’s educational placement has 143 been changed, the number and types of educational placements 144 which have occurred, and the reason for any change in placement. 145 10. If the child has reached 13 years of age but is not yet 146 18 years of age, a statement from the caregiver on the progress 147 the child has made in acquiring independent living skills. 148 11. Copies of all medical, psychological, and educational 149 records that support the terms of the case plan and that have 150 been produced concerning the parents or any caregiver since the 151 last judicial review hearing. 152 12. Copies of the child’s current health, mental health, 153 and education records as identified in s. 39.6012. 154 (c) Review determinations.—The court and any citizen review 155 panel shall take into consideration the information contained in 156 the social services study and investigation and all medical, 157 psychological, and educational records that support the terms of 158 the case plan; testimony by the social services agency, the 159 parent, the foster parent or legal custodian, the guardian ad 160 litem or surrogate parent for educational decisionmaking if one 161 has been appointed for the child, and any other person deemed 162 appropriate; and any relevant and material evidence submitted to 163 the court, including written and oral reports to the extent of 164 their probative value. These reports and evidence may be 165 received by the court in its effort to determine the action to 166 be taken with regard to the child and may be relied upon to the 167 extent of their probative value, even though not competent in an 168 adjudicatory hearing. In its deliberations, the court and any 169 citizen review panel shall seek to determine: 170 1. If the parent was advised of the right to receive 171 assistance from any person or social service agency in the 172 preparation of the case plan. 173 2. If the parent has been advised of the right to have 174 counsel present at the judicial review or citizen review 175 hearings. If not so advised, the court or citizen review panel 176 shall advise the parent of such right. 177 3. If a guardian ad litem needs to be appointed for the 178 child in a case in which a guardian ad litem has not previously 179 been appointed or if there is a need to continue a guardian ad 180 litem in a case in which a guardian ad litem has been appointed. 181 4. Who holds the rights to make educational decisions for 182 the child. If appropriate, the court may refer the child to the 183 district school superintendent for appointment of a surrogate 184 parent or may itself appoint a surrogate parent under the 185 Individuals with Disabilities Education Act and s. 39.0016. 186 5. The compliance or lack of compliance of all parties with 187 applicable items of the case plan, including the parents’ 188 compliance with child support orders. 189 6. The compliance or lack of compliance with a visitation 190 contract between the parent and the social service agency for 191 contact with the child, including the frequency, duration, and 192 results of the parent-child visitation and the reason for any 193 noncompliance. 194 7. The frequency, kind, and duration of contacts among 195 siblings who have been separated during placement, as well as 196 any efforts undertaken to reunite separated siblings if doing so 197 is in the best interest of the child. 198 8. The compliance or lack of compliance of the parent in 199 meeting specified financial obligations pertaining to the care 200 of the child, including the reason for failure to comply, if 201 applicable. 202 9. Whether the child is receiving safe and proper care 203 according to s. 39.6012, including, but not limited to, the 204 appropriateness of the child’s current placement, including 205 whether the child is in a setting that is as family-like and as 206 close to the parent’s home as possible, consistent with the 207 child’s best interests and special needs, and including 208 maintaining stability in the child’s educational placement, as 209 documented by assurances from the community-based care provider 210 that: 211 a. The placement of the child takes into account the 212 appropriateness of the current educational setting and the 213 proximity to the school in which the child is enrolled at the 214 time of placement. 215 b. The community-based care agency has coordinated with 216 appropriate local educational agencies to ensure that the child 217 remains in the school in which the child is enrolled at the time 218 of placement. 219 10. A projected date likely for the child’s return home or 220 other permanent placement. 221 11. When appropriate, the basis for the unwillingness or 222 inability of the parent to become a party to a case plan. The 223 court and the citizen review panel shall determine if the 224 efforts of the social service agency to secure party 225 participation in a case plan were sufficient. 226 12. For a child who has reached 13 years of age but is not 227 yet 18 years of age, the adequacy of the child’s preparation for 228 adulthood and independent living. For a child who is 15 years of 229 age or older, the court shall determine if appropriate steps are 230 being taken for the child to obtain a driver license or 231 learner’s driver license. 232 13. If amendments to the case plan are required. Amendments 233 to the case plan must be made under s. 39.6013. 234 14. Whether the parent and foster parent or legal custodian 235 communicate effectively to promote the safety, well-being, and 236 physical, mental, and emotional health of the child, which 237 includes, but is not limited to, refraining from harassing or 238 inappropriate communication. 239 (d) Orders.— 240 1. Based upon the criteria set forth in paragraph (c) and 241 the recommended order of the citizen review panel, if any, the 242 court shall determine whether or not the social service agency 243 shall initiate proceedings to have a child declared a dependent 244 child, return the child to the parent, continue the child in 245 out-of-home care for a specified period of time, or initiate 246 termination of parental rights proceedings for subsequent 247 placement in an adoptive home. Amendments to the case plan must 248 be prepared as prescribed in s. 39.6013. If the court finds that 249 the prevention or reunification efforts of the department will 250 allow the child to remain safely at home or be safely returned 251 to the home, the court shall allow the child to remain in or 252 return to the home after making a specific finding of fact that 253 the reasons for the creation of the case plan have been remedied 254 to the extent that the child’s safety, well-being, and physical, 255 mental, and emotional health will not be endangered. 256 2. The court shall return the child to the custody of the 257 parents at any time it determines that: 258 a. The parents have provided evidence that conditions for 259 return have been met, including, but not limited to, a 260 demonstrated change in their protective capacity; 261 b. The parentstheyhave substantially complied with the 262 case plan and are likely to complete it in a reasonable amount 263 of time; and 264 c., ifThe court is satisfied that reunification will not 265 be detrimental to the child’s safety, well-being, and physical, 266 mental, and emotional health. 267 3. If, in the opinion of the court, the social service 268 agency has not complied with its obligations as specified in the 269 written case plan, the court may find the social service agency 270 in contempt, shall order the social service agency to submit its 271 plans for compliance with the agreement, and shall require the 272 social service agency to show why the child could not safely be 273 returned to the home of the parents. 274 4. If, at any judicial review, the court finds that the 275 parents have failed to substantially comply with the case plan 276 to the degree that further reunification efforts are without 277 merit and not in the best interest of the child, on its own 278 motion, the court may order the filing of a petition for 279 termination of parental rights, whether or not the time period 280 as contained in the case plan for substantial compliance has 281 expired. 282 5. Within 6 months after the date that the child was placed 283 in shelter care, the court shall conduct a judicial review 284 hearing to review the child’s permanency goal as identified in 285 the case plan. At the hearing the court shall make findings 286 regarding the likelihood of the child’s reunification with the 287 parent or legal custodian. In making such findings, the court 288 shall consider the level of the parent or legal custodian’s 289 compliance with the case plan and demonstrated change in 290 protective capacities compared to that necessary to achieve 291 timely reunification within 12 months after the removal of the 292 child from the home. The court shall also consider the 293 frequency, duration, manner, and level of engagement of the 294 parent or legal custodian’s visitation with the child in 295 compliance with the case plan. If the court makes a written 296 finding that it is not likely that the child will be reunified 297 with the parent or legal custodian within 12 months after the 298 child was removed from the home, the department must file with 299 the court, and serve on all parties, a motion to amend the case 300 plan under s. 39.6013 and declare that it will use concurrent 301 planning for the case plan. The department must file the motion 302 within 10 business days after receiving the written finding of 303 the court. The department must attach the proposed amended case 304 plan to the motion. If concurrent planning is already being 305 used, the case plan must document the efforts the department is 306 taking to complete the concurrent goal. 307 6. The court may issue a protective order in assistance, or 308 as a condition, of any other order made under this part. In 309 addition to the requirements included in the case plan, the 310 protective order may set forth requirements relating to 311 reasonable conditions of behavior to be observed for a specified 312 period of time by a person or agency who is before the court; 313 and the order may require any person or agency to make periodic 314 reports to the court containing such information as the court in 315 its discretion may prescribe. 316 Section 5. Subsection (1) of section 39.302, Florida 317 Statutes, is amended to read: 318 39.302 Protective investigations of institutional child 319 abuse, abandonment, or neglect.— 320 (1) The department shall conduct a child protective 321 investigation of each report of institutional child abuse, 322 abandonment, or neglect. Upon receipt of a report that alleges 323 that an employee or agent of the department, or any other entity 324 or person covered by s. 39.01s. 39.01(37) or (54), acting in an 325 official capacity, has committed an act of child abuse, 326 abandonment, or neglect, the department shall initiate a child 327 protective investigation within the timeframe established under 328 s. 39.201(5) and notify the appropriate state attorney, law 329 enforcement agency, and licensing agency, which shall 330 immediately conduct a joint investigation, unless independent 331 investigations are more feasible. When conducting investigations 332 or having face-to-face interviews with the child, investigation 333 visits shall be unannounced unless it is determined by the 334 department or its agent that unannounced visits threaten the 335 safety of the child. If a facility is exempt from licensing, the 336 department shall inform the owner or operator of the facility of 337 the report. Each agency conducting a joint investigation is 338 entitled to full access to the information gathered by the 339 department in the course of the investigation. A protective 340 investigation must include an interview with the child’s parent 341 or legal guardian. The department shall make a full written 342 report to the state attorney within 3 working days after making 343 the oral report. A criminal investigation shall be coordinated, 344 whenever possible, with the child protective investigation of 345 the department. Any interested person who has information 346 regarding the offenses described in this subsection may forward 347 a statement to the state attorney as to whether prosecution is 348 warranted and appropriate. Within 15 days after the completion 349 of the investigation, the state attorney shall report the 350 findings to the department and shall include in the report a 351 determination of whether or not prosecution is justified and 352 appropriate in view of the circumstances of the specific case. 353 Section 6. Paragraph (c) of subsection (1) of section 354 39.521, Florida Statutes, is amended to read: 355 39.521 Disposition hearings; powers of disposition.— 356 (1) A disposition hearing shall be conducted by the court, 357 if the court finds that the facts alleged in the petition for 358 dependency were proven in the adjudicatory hearing, or if the 359 parents or legal custodians have consented to the finding of 360 dependency or admitted the allegations in the petition, have 361 failed to appear for the arraignment hearing after proper 362 notice, or have not been located despite a diligent search 363 having been conducted. 364 (c) When any child is adjudicated by a court to be 365 dependent, the court having jurisdiction of the child has the 366 power by order to: 367 1. Require the parent and, when appropriate, the legal 368 guardian or the child to participate in treatment and services 369 identified as necessary. The court may require the person who 370 has custody or who is requesting custody of the child to submit 371 to a mental health or substance abuse disorder assessment or 372 evaluation. The order may be made only upon good cause shown and 373 pursuant to notice and procedural requirements provided under 374 the Florida Rules of Juvenile Procedure. The mental health 375 assessment or evaluation must be administered by a qualified 376 professional as defined in s. 39.01, and the substance abuse 377 assessment or evaluation must be administered by a qualified 378 professional as defined in s. 397.311. The court may also 379 require such person to participate in and comply with treatment 380 and services identified as necessary, including, when 381 appropriate and available, participation in and compliance with 382 a mental health court program established under chapter 394 or a 383 treatment-based drug court program established under s. 397.334. 384 Adjudication of a child as dependent based upon evidence of harm 385 as defined in s. 39.01s. 39.01(35)(g)demonstrates good cause, 386 and the court shall require the parent whose actions caused the 387 harm to submit to a substance abuse disorder assessment or 388 evaluation and to participate and comply with treatment and 389 services identified in the assessment or evaluation as being 390 necessary. In addition to supervision by the department, the 391 court, including the mental health court program or the 392 treatment-based drug court program, may oversee the progress and 393 compliance with treatment by a person who has custody or is 394 requesting custody of the child. The court may impose 395 appropriate available sanctions for noncompliance upon a person 396 who has custody or is requesting custody of the child or make a 397 finding of noncompliance for consideration in determining 398 whether an alternative placement of the child is in the child’s 399 best interests. Any order entered under this subparagraph may be 400 made only upon good cause shown. This subparagraph does not 401 authorize placement of a child with a person seeking custody of 402 the child, other than the child’s parent or legal custodian, who 403 requires mental health or substance abuse disorder treatment. 404 2. Require, if the court deems necessary, the parties to 405 participate in dependency mediation. 406 3. Require placement of the child either under the 407 protective supervision of an authorized agent of the department 408 in the home of one or both of the child’s parents or in the home 409 of a relative of the child or another adult approved by the 410 court, or in the custody of the department. Protective 411 supervision continues until the court terminates it or until the 412 child reaches the age of 18, whichever date is first. Protective 413 supervision shall be terminated by the court whenever the court 414 determines that permanency has been achieved for the child, 415 whether with a parent, another relative, or a legal custodian, 416 and that protective supervision is no longer needed. The 417 termination of supervision may be with or without retaining 418 jurisdiction, at the court’s discretion, and shall in either 419 case be considered a permanency option for the child. The order 420 terminating supervision by the department must set forth the 421 powers of the custodian of the child and include the powers 422 ordinarily granted to a guardian of the person of a minor unless 423 otherwise specified. Upon the court’s termination of supervision 424 by the department, further judicial reviews are not required if 425 permanency has been established for the child. 426 4. Determine whether the child has a strong attachment to 427 the prospective permanent guardian and whether such guardian has 428 a strong commitment to permanently caring for the child. 429 Section 7. Paragraph (c) of subsection (1) of section 430 39.6012, Florida Statutes, is amended to read: 431 39.6012 Case plan tasks; services.— 432 (1) The services to be provided to the parent and the tasks 433 that must be completed are subject to the following: 434 (c) If there is evidence of harm as defined in s. 39.01s.43539.01(35)(g), the case plan must include as a required task for 436 the parent whose actions caused the harm that the parent submit 437 to a substance abuse disorder assessment or evaluation and 438 participate and comply with treatment and services identified in 439 the assessment or evaluation as being necessary. 440 Section 8. Subsection (4) of section 322.09, Florida 441 Statutes, is amended to read: 442 322.09 Application of minors; responsibility for negligence 443 or misconduct of minor.— 444 (4) Notwithstanding subsections (1) and (2), if a caregiver 445 of a minor who is under the age of 18 years and is in out-of 446 home care as defined in s. 39.01s. 39.01(49), an authorized 447 representative of a residential group home at which such a minor 448 resides, the caseworker at the agency at which the state has 449 placed the minor, or a guardian ad litem specifically authorized 450 by the minor’s caregiver to sign for a learner’s driver license 451 signs the minor’s application for a learner’s driver license, 452 that caregiver, group home representative, caseworker, or 453 guardian ad litem does not assume any obligation or become 454 liable for any damages caused by the negligence or willful 455 misconduct of the minor by reason of having signed the 456 application. Before signing the application, the caseworker, 457 authorized group home representative, or guardian ad litem shall 458 notify the caregiver or other responsible party of his or her 459 intent to sign and verify the application. 460 Section 9. Paragraph (p) of subsection (4) of section 461 394.495, Florida Statutes, is amended to read: 462 394.495 Child and adolescent mental health system of care; 463 programs and services.— 464 (4) The array of services may include, but is not limited 465 to: 466 (p) Trauma-informed services for children who have suffered 467 sexual exploitation as defined in s. 39.01s. 39.01(77)(g). 468 Section 10. Section 627.746, Florida Statutes, is amended 469 to read: 470 627.746 Coverage for minors who have a learner’s driver 471 license; additional premium prohibited.—An insurer that issues 472 an insurance policy on a private passenger motor vehicle to a 473 named insured who is a caregiver of a minor who is under the age 474 of 18 years and is in out-of-home care as defined in s. 39.01s.47539.01(49)may not charge an additional premium for coverage of 476 the minor while the minor is operating the insured vehicle, for 477 the period of time that the minor has a learner’s driver 478 license, until such time as the minor obtains a driver license. 479 Section 11. Paragraph (c) of subsection (1) of section 480 934.255, Florida Statutes, is amended to read: 481 934.255 Subpoenas in investigations of sexual offenses.— 482 (1) As used in this section, the term: 483 (c) “Sexual abuse of a child” means a criminal offense 484 based on any conduct described in s. 39.01s. 39.01(71). 485 Section 12. Subsection (5) of section 960.065, Florida 486 Statutes, is amended to read: 487 960.065 Eligibility for awards.— 488 (5) A person is not ineligible for an award pursuant to 489 paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 490 person is a victim of sexual exploitation of a child as defined 491 in s. 39.01s. 39.01(77)(g). 492 Section 13. This act shall take effect October 1, 2019.