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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to dependent children; amending s. 2
39.001, F.S.; providing legislative intent; amending 3
s. 39.00145, F.S.; authorizing a child's attorney ad 4
litem to inspect certain records; amending s. 5
39.00146, F.S.; conforming provisions to changes made 6
by the act; amending s. 39.0016, F.S.; requiring a 7
child's guardian ad litem be included in the 8
coordination of certain educational services; amending 9
s. 39.01, F.S.; defining the term "attorney ad litem"; 10
amending s. 39.013, F.S.; authorizing the court t o 11
appoint an attorney ad litem for a child after it 12
makes certain determinations; amending s. 39.01305, 13
F.S.; revising provisions relating to the appointment 14
of an attorney for certain children; providing 15
legislative intent; authorizing the court to appoin t 16
an attorney ad litem for a child after it makes 17
certain determinations; providing requirements for the 18
appointment of an attorney ad litem; conforming 19
provisions to changes made by the act; amending s. 20
39.0132, F.S.; authorizing a child's attorney ad lit em 21
to inspect certain records; amending s. 39.0136, F.S.; 22
authorizing an attorney ad litem to request a 23
continuance; removing the ability for a dependent 24
child to ask for a continuance; amending s. 39.0139, 25
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F.S.; requiring guardians ad litem and attorneys ad 26
litem to have certain training; amending s. 39.202, 27
F.S.; requiring that certain confidential records be 28
released to the guardian ad litem and attorney ad 29
litem; conforming a cross -reference; amending s. 30
39.402, F.S.; requiring parents to consent to pro vide 31
certain information to the guardian ad litem and 32
attorney ad litem; conforming provisions to changes 33
made by the act; amending s. 39.4023, F.S.; requiring 34
notice of a multidisciplinary team staffing be 35
provided to a child's guardian ad litem and attor ney 36
ad litem; amending s. 39.407, F.S.; conforming 37
provisions to changes made by the act; amending s. 38
39.4085, F.S.; providing a goal of permanency; 39
conforming provisions to changes made by the act; 40
amending s. 39.522, F.S.; conforming provisions to 41
changes made by the act; amending s. 39.6012, F.S.; 42
requiring a case plan to include written descriptions 43
of certain activities; conforming a cross -reference; 44
amending s. 39.6035, F.S.; requiring a transition plan 45
be developed in collaboration with the child's 46
guardian ad litem; amending s. 39.701, F.S.; requiring 47
certain notice be given to an attorney ad litem; 48
conforming provisions to changes made by the act; 49
amending s. 39.815, F.S.; conforming provisions to 50
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changes made by the act; amending s. 39.827, F.S.; 51
authorizing a child's guardian ad litem and attorney 52
ad litem to inspect certain records; amending s. 53
39.8296, F.S.; requiring the training program for 54
guardians ad litem to be updated regularly; requiring 55
the Statewide Guardian Ad Litem Office to provide 56
oversight and technical assistance to attorneys ad 57
litem; specifying certain requirements of the 58
Statewide Guardian Ad Litem Office; providing 59
legislative findings and intent; amending s. 39.8298, 60
F.S.; authorizing the executive director of the 61
Statewide Guardian Ad Litem Office to create or 62
designate local direct -support organizations in 63
addition to a state direct -support organization; 64
conforming provisions to changes made by the act; 65
creating s. 1009.898, F.S.; creating the Pathway to 66
Prosperity Program to be administered by the 67
Department of Education; authorizing the department to 68
provide certain grants to youth who are transitioning 69
from foster care to independent living; requiring 70
grants to extend for a certain period of time after a 71
recipient is reunited with his or her parents; 72
amending ss. 39.302, 39.521, 322.09, 394.495, 627.746, 73
768.28, 934.255, and 960.065, F.S.; conforming cross -74
references; providing an effective date; 75
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Be It Enacted by the Legislature of the State of Florida: 77
78
Section 1. Paragraph (j) of subsection (1) of section 79
39.001, Florida Statutes, is amended to read: 80
39.001 Purposes and intent; personnel standards and 81
screening.— 82
(1) PURPOSES OF CHAPTER. —The purposes of this chapter are: 83
(j) To ensure that, when reunification or adoption is not 84
possible, the child will be prepared for alternative permanency 85
goals or placements, to include, but not be limited to, long -86
term foster care, independent living, custody to a relative on a 87
permanent basis with or without legal guardian ship, or custody 88
to a foster parent or legal custodian on a permanent basis with 89
or without legal guardianship. It is the intent of the 90
Legislature that a goal of permanency include helping a child 91
who is transitioning from foster care to independent livin g 92
maintain naturally occurring, lifelong, and kin -like connections 93
with a supportive adult. 94
Section 2. Subsection (2) of section 39.00145, Florida 95
Statutes, is amended to read: 96
39.00145 Records concerning children. — 97
(2) Notwithstanding any other pr ovision of this chapter, 98
all records in a child's case record must be made available for 99
inspection, upon request, to the child who is the subject of the 100
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case record and to the child's caregiver, guardian ad litem, or 101
attorney ad litem, if one has been app ointed. 102
(a) A complete and accurate copy of any record in a 103
child's case record must be provided, upon request and at no 104
cost, to the child who is the subject of the case record and to 105
the child's caregiver, guardian ad litem, or attorney ad litem, 106
if one has been appointed . 107
(b) The department shall release the information in a 108
manner and setting that are appropriate to the age and maturity 109
of the child and the nature of the information being released, 110
which may include the release of information in a t herapeutic 111
setting, if appropriate. This paragraph does not deny the child 112
access to his or her records. 113
(c) If a child or the child's caregiver, guardian ad 114
litem, or attorney ad litem, if one has been appointed, requests 115
access to the child's case reco rd, any person or entity that 116
fails to provide any record in the case record under assertion 117
of a claim of exemption from the public records requirements of 118
chapter 119, or fails to provide access within a reasonable 119
time, is subject to sanctions and penal ties under s. 119.10. 120
(d) For the purposes of this subsection, the term 121
"caregiver" is limited to parents, legal custodians, permanent 122
guardians, or foster parents; employees of a residential home, 123
institution, facility, or agency at which the child resi des; and 124
other individuals legally responsible for a child's welfare in a 125
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residential setting. 126
Section 3. Paragraph (a) of subsection (2) of section 127
39.00146, Florida Statutes, is amended to read: 128
39.00146 Case record face sheet. — 129
(2) The case record of every child under the supervision 130
or in the custody of the department or the department's 131
authorized agents, including community -based care lead agencies 132
and their subcontracted providers, must include a face sheet 133
containing relevant information about the child and his or her 134
case, including at least all of the following: 135
(a) General case information, including, but not limited 136
to, all of the following : 137
1. The child's name and date of birth .; 138
2. The current county of residence and the count y of 139
residence at the time of the referral .; 140
3. The reason for the referral and any family safety 141
concerns.; 142
4. The personal identifying information of the parents or 143
legal custodians who had custody of the child at the time of the 144
referral, including name, date of birth, and county of 145
residence.; 146
5. The date of removal from the home .; and 147
6. The name and contact information of the attorney or 148
attorneys assigned to the case in all capacities, including the 149
attorney or attorneys that represent the de partment and the 150
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parents, and the guardian ad litem , if one has been appointed . 151
Section 4. Paragraph (b) of subsection (2) of section 152
39.0016, Florida Statutes, is amended to read: 153
39.0016 Education of abused, neglected, and abandoned 154
children; agency agreements; children having or suspected of 155
having a disability. — 156
(2) AGENCY AGREEMENTS. — 157
(b) The department shall enter into agreements with 158
district school boards or other local educational entities 159
regarding education and related services for chil dren known to 160
the department who are of school age and children known to the 161
department who are younger than school age but who would 162
otherwise qualify for services from the district school board. 163
Such agreements must shall include, but are not limited to: 164
1. A requirement that the department shall: 165
a. Ensure that children known to the department are 166
enrolled in school or in the best educational setting that meets 167
the needs of the child. The agreement must shall provide for 168
continuing the enrollment of a child known to the department at 169
the school of origin when possible if it is in the best interest 170
of the child, with the goal of minimal disruption of education. 171
b. Notify the school and school district in which a child 172
known to the department is enrol led of the name and phone number 173
of the child known to the department caregiver and caseworker 174
for child safety purposes. 175
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c. Establish a protocol for the department to share 176
information about a child known to the department with the 177
school district, cons istent with the Family Educational Rights 178
and Privacy Act, since the sharing of information will assist 179
each agency in obtaining education and related services for the 180
benefit of the child. The protocol must require the district 181
school boards or other loca l educational entities to access the 182
department's Florida Safe Families Network to obtain information 183
about children known to the department, consistent with the 184
Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 185
1232g. 186
d. Notify the school district of the department's case 187
planning for a child known to the department, both at the time 188
of plan development and plan review. Within the plan development 189
or review process, the school district may provide information 190
regarding the child known to th e department if the school 191
district deems it desirable and appropriate. 192
e. Show no prejudice against a caregiver who desires to 193
educate at home a child placed in his or her home through the 194
child welfare system. 195
2. A requirement that the district schoo l board shall: 196
a. Provide the department with a general listing of the 197
services and information available from the district school 198
board to facilitate educational access for a child known to the 199
department. 200
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b. Identify all educational and other service s provided by 201
the school and school district which the school district 202
believes are reasonably necessary to meet the educational needs 203
of a child known to the department. 204
c. Determine whether transportation is available for a 205
child known to the departmen t when such transportation will 206
avoid a change in school assignment due to a change in 207
residential placement. Recognizing that continued enrollment in 208
the same school throughout the time the child known to the 209
department is in out -of-home care is preferabl e unless 210
enrollment in the same school would be unsafe or otherwise 211
impractical, the department, the district school board, and the 212
Department of Education shall assess the availability of 213
federal, charitable, or grant funding for such transportation. 214
d. Provide individualized student intervention or an 215
individual educational plan when a determination has been made 216
through legally appropriate criteria that intervention services 217
are required. The intervention or individual educational plan 218
must include strategies to enable the child known to the 219
department to maximize the attainment of educational goals. 220
3. A requirement that the department and the district 221
school board shall cooperate in accessing the services and 222
supports needed for a child known to the department who has or 223
is suspected of having a disability to receive an appropriate 224
education consistent with the Individuals with Disabilities 225
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Education Act and state implementing laws, rules, and 226
assurances. Coordination of services for a child known to the 227
department who has or is suspected of having a disability may 228
include: 229
a. Referral for screening. 230
b. Sharing of evaluations between the school district and 231
the department where appropriate. 232
c. Provision of education and related services appropri ate 233
for the needs and abilities of the child known to the 234
department. 235
d. Coordination of services and plans between the school 236
and the residential setting to avoid duplication or conflicting 237
service plans. 238
e. Appointment of a surrogate parent, consiste nt with the 239
Individuals with Disabilities Education Act and pursuant to 240
subsection (3), for educational purposes for a child known to 241
the department who qualifies. 242
f. For each child known to the department 14 years of age 243
and older, transition planning by the department and all 244
providers, including the department's independent living program 245
staff and the guardian ad litem of the child , to meet the 246
requirements of the local school district for educational 247
purposes. 248
Section 5. Subsections (8) through (87) of section 39.01, 249
Florida Statutes, are renumbered as subsections (9) through 250
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(88), respectively, present subsections (9) and (36) are 251
amended, and a new subsect ion (8) is added to that section, to 252
read: 253
39.01 Definitions.—When used in this chapter, unless the 254
context otherwise requires: 255
(8) "Attorney ad litem" means an attorney appointed by the 256
court to represent a child in an attorney -client relationship 257
under the rules regulating The Florida Bar. 258
(9) "Caregiver" means the parent, legal custodian, 259
permanent guardian, adult household member, or other person 260
responsible for a child's welfare as defined in subsection 261
(55)(54). 262
(36) "Institutional child abuse or neglect" means 263
situations of known or suspected child abuse or neglect in which 264
the person allegedly perpetrating the child abuse or neglect is 265
an employee of a public or private school, public or private day 266
care center, residential home, institution, facility, or agency 267
or any other person at such institution responsible for the 268
child's welfare as defined in subsection (55)(54). 269
Section 6. Subsection (13) is added to section 39.013, 270
Florida Statutes, to read: 271
39.013 Procedures and jurisdiction; right to counsel.— 272
(13) The court may appoint an attorney ad litem for a 273
child if the court believes the child is in need of such 274
representation and determines that the child has a rational and 275
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factual understanding of the proceedings and sufficient pres ent 276
ability to consult with an attorney with a reasonable degree of 277
rational understanding. 278
Section 7. Section 39.01305, Florida Statutes, is amended 279
to read: 280
39.01305 Appointment of an attorney ad litem for a 281
dependent child with certain special nee ds.— 282
(1)(a) The Legislature finds that : 283
1. all children in proceedings under this chapter have 284
important interests at stake, such as health, safety, and well -285
being and the need to obtain permanency , and while all children 286
are represented by guardians a d litem in proceedings under this 287
chapter, some children may also need representation by an 288
attorney ad litem. 289
2. A dependent child who has certain special needs has a 290
particular need for an attorney to represent the dependent child 291
in proceedings under this chapter, as well as in fair hearings 292
and appellate proceedings, so that the attorney may address the 293
child's medical and related needs and the services and supports 294
necessary for the child to live successfully in the community. 295
(b) The Legislature r ecognizes the existence of 296
organizations that provide attorney representation to children 297
in certain jurisdictions throughout the state. Further, the 298
statewide Guardian Ad Litem Program provides best interest 299
representation for dependent children in every jurisdiction in 300
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accordance with state and federal law. The Legislature, 301
therefore, does not intend that funding provided for 302
representation under this section supplant proven and existing 303
organizations representing children. Instead, the Legislature 304
intends that funding provided for representation under this 305
section be an additional resource for the representation of more 306
children in these jurisdictions, to the extent necessary to meet 307
the requirements of this chapter, with the cooperation of 308
existing local organizations or through the expansion of those 309
organizations. The Legislature encourages the expansion of pro 310
bono representation for children. This section is not intended 311
to limit the ability of a pro bono attorney to appear on behalf 312
of a child. 313
(2) As used in this section, the term "dependent child" 314
means a child who is subject to any proceeding under this 315
chapter. The term does not require that a child be adjudicated 316
dependent for purposes of this section. 317
(2)(3) The court may appoint an attorney ad litem shall be 318
appointed for a dependent child if the court believes the child 319
is in need of such representation and determines that the child 320
has a rational and factual understanding of the proceedings and 321
sufficient present ability to con sult with an attorney with a 322
reasonable degree of rational understanding who: 323
(a) Resides in a skilled nursing facility or is being 324
considered for placement in a skilled nursing home; 325
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(b) Is prescribed a psychotropic medication but declines 326
assent to the psychotropic medication; 327
(c) Has a diagnosis of a developmental disability as 328
defined in s. 393.063; 329
(d) Is being placed in a residential treatment center or 330
being considered for placement in a residential treatment 331
center; or 332
(e) Is a victim of h uman trafficking as defined in s. 333
787.06(2)(d). 334
(3)(a)(4)(a) Before a court may appoint an attorney ad 335
litem, who may be compensated pursuant to this section, the 336
court must request a recommendation from the Statewide Guardian 337
Ad Litem Office for an atto rney who is willing to represent a 338
child without additional compensation. If such an attorney is 339
available within 15 days after the court's request, the court 340
must appoint such attorney as the that attorney ad litem for the 341
child. However, the court may ap point a compensated attorney ad 342
litem within the 15-day period if the Statewide Guardian Ad 343
Litem Office informs the court that the office is unable it will 344
not be able to recommend an attorney who is willing to represent 345
a child without additional compens ation within that time period. 346
(b) A court order appointing After an attorney ad litem 347
under this section must be in writing. is appointed, the 348
appointment continues in effect until the attorney is allowed to 349
withdraw or is discharged by The court must discharge or until 350
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the case is dismissed. an attorney ad litem who is appointed 351
under this section if the need for such representation is 352
resolved to represent the child shall provide the complete range 353
of legal services, from the removal from home or from the 354
initial appointment through all available appellate proceedings . 355
With the permission of the court, the attorney ad litem may for 356
the dependent child may arrange for supplemental or separate 357
counsel to represent the child in appellate proceedings. A court 358
order appointing an attorney under this section must be in 359
writing. 360
(4)(5) Unless the attorney ad litem has agreed to provide 361
pro bono services, an appointed attorney ad litem or 362
organization must be adequately compensated. All appointed 363
attorneys ad litem and organizations, including pro bono 364
attorneys ad litem, must be provided with access to funding for 365
expert witnesses, depositions, and other due process costs of 366
litigation. Payment of attorney fees and case -related due 367
process costs are subject to appropriations and review by the 368
Justice Administrative Commission for reasonableness. The 369
Justice Administrative Commission shall contract with attorneys 370
ad litem appointed by the court. Attorney fees may not exceed 371
$1,000 per child per year. 372
(6) The department shall develop procedures to identify a 373
dependent child who has a special need specified under 374
subsection (3) and to request that a court appoint an attorney 375
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for the child. 376
(7) The department may adopt rules to administer this 377
section. 378
(8) This section does not limit the authority of the court 379
to appoint an attorney for a dependent child in a proceeding 380
under this chapter. 381
(5)(9) Implementation of this section is subject to 382
appropriations expressly made for that purpose. 383
Section 8. Subsection (3) of section 39.0132, Florida 384
Statutes, is amended to read: 385
39.0132 Oaths, records, and confidential information. — 386
(3) The clerk shall keep all court records required by 387
this chapter separate from other records of the circuit court. 388
All court records required by this chapter may shall not be open 389
to inspection by the public. All records may shall be inspected 390
only upon order of the court by persons deemed by the court to 391
have a proper interest therein, except that, subject to the 392
provisions of s. 63.162, a child, and the parents of the child 393
and their attorneys, the guardian ad litem, criminal conflict 394
and civil regional counsels, law enforcement agencies, and the 395
department and its designees , and the attorney ad litem, if one 396
is appointed, shall always have the right to inspect and copy 397
any official record pertaining to the child. The Justice 398
Administrative Commission may inspect court dockets required by 399
this chapter as necessary to audit compensation of court -400
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appointed attorneys ad litem. If the docket is insufficient for 401
purposes of the audit, the commission may petition the court for 402
additional documentation as necessary and appropriate. The court 403
may permit authorized representatives of recognized 404
organizations compiling statistics for p roper purposes to 405
inspect and make abstracts from official records, under whatever 406
conditions upon their use and disposition the court may deem 407
proper, and may punish by contempt proceedings any violation of 408
those conditions. 409
Section 9. Paragraph (a) o f subsection (3) of section 410
39.0136, Florida Statutes, is amended to read: 411
39.0136 Time limitations; continuances. — 412
(3) The time limitations in this chapter do not include: 413
(a) Periods of delay resulting from a continuance granted 414
at the request of the child's counsel or the child's guardian ad 415
litem, or attorney ad litem, if one is appointed , if the child 416
is of sufficient capacity to express reasonable consent, at the 417
request or with the consent of the child . The court must 418
consider the best interest s of the child when determining 419
periods of delay under this section. 420
Section 10. Subsection (4) of section 39.0139, Florida 421
Statutes, is amended to read: 422
39.0139 Visitation or other contact; restrictions. — 423
(4) HEARINGS.—A person who meets any of th e criteria set 424
forth in paragraph (3)(a) who seeks to begin or resume contact 425
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with the child has victim shall have the right to an evidentiary 426
hearing to determine whether contact is appropriate. 427
(a) Before Prior to the hearing, the court shall appoint 428
an attorney ad litem or a guardian ad litem for the child if one 429
has not already been appointed. The appointed guardian ad litem 430
and an Any attorney ad litem, if one is or guardian ad litem 431
appointed, must shall have special training in the dynamics of 432
child sexual abuse. 433
(b) At the hearing, the court may receive and rely upon 434
any relevant and material evidence submitted to the extent of 435
its probative value, including written and oral reports or 436
recommendations from the Child Protection Team, the child's 437
therapist, the child's guardian ad litem, or the child's 438
attorney ad litem, if one is appointed, even if these reports, 439
recommendations, and evidence may not be admissible under the 440
rules of evidence. 441
(c) If the court finds the person proves by clear and 442
convincing evidence that the safety, well -being, and physical, 443
mental, and emotional health of the child is not endangered by 444
such visitation or other contact, the presumption in subsection 445
(3) is rebutted and the court may allow visitation or other 446
contact. The court shall enter a written order setting forth 447
findings of fact and specifying any conditions it finds 448
necessary to protect the child. 449
(d) If the court finds the person did not rebut the 450
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presumption established in subsection (3), the court shall enter 451
a written order setting forth findings of fact and prohibiting 452
or restricting visitation or other contact with the child. 453
Section 11. Paragraphs (d) and (t) of subsection (2) of 454
section 39.202, Florida Statutes, are amended to read: 455
39.202 Confidentiality of reports and records in cases of 456
child abuse or neglect; exception. — 457
(2) Except as provided in subsection (4), access to such 458
records, excluding the name of, or other identifying information 459
with respect to, the reporter which may only shall be released 460
only as provided in subsection (5), may only shall be granted 461
only to the following persons, officials, and agencies: 462
(d) The parent or legal custodian of any child who is 463
alleged to have been abused, abandoned, or neglected, and his or 464
her attorney; the child; the guardian ad litem; the attorney ad 465
litem, if one is appointed; or the child, and their attorneys, 466
including any attorney representing the a child in other civil 467
or criminal proceedings. This access must shall be made 468
available no later than 60 days after the department receives 469
the initial report of abuse, neglect, or abandonment. However, 470
any information otherwise made confidential or exempt by law may 471
shall not be released pursuant to this paragraph. 472
(t) Persons with whom the department is seeking to place 473
the child or to whom placement has been granted, including 474
foster parents for whom an approved home study has been 475
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conducted, the designee of a licensed child -caring agency as 476
defined in s. 39.01 s. 39.01(41), an approved relative or 477
nonrelative with whom a child is placed pursuant to s. 39.402, 478
preadoptive parents for whom a favorable preliminary adoptive 479
home study has been conducted, adoptive parents, or an adoption 480
entity acting on behalf of prea doptive or adoptive parents. 481
Section 12. Paragraphs (b) and (c) of subsection (11) and 482
paragraph (a) of subsection (14) of section 39.402, Florida 483
Statutes, are amended to read: 484
39.402 Placement in a shelter. — 485
(11) 486
(b) The court shall request that the parents consent to 487
provide access to the child's medical records and provide 488
information to the court, the department or its contract 489
agencies, and the any guardian ad litem and or attorney ad 490
litem, if one is appointed, for the child. If a parent is 491
unavailable or unable to consent or withholds consent and the 492
court determines access to the records and information is 493
necessary to provide services to the child, the court shall 494
issue an order granting access. The court may also order the 495
parents to provide all known medical information to the 496
department and to any others granted access under this 497
subsection. 498
(c) The court shall request that the parents consent to 499
provide access to the child's child care records, early 500
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education program records, or othe r educational records and 501
provide information to the court, the department or its contract 502
agencies, and the any guardian ad litem and or attorney ad 503
litem, if one is appointed, for the child. If a parent is 504
unavailable or unable to consent or withholds co nsent and the 505
court determines access to the records and information is 506
necessary to provide services to the child, the court shall 507
issue an order granting access. 508
(14) The time limitations in this section do not include: 509
(a) Periods of delay resulting from a continuance granted 510
at the request or with the consent of the child's counsel or the 511
child's guardian ad litem or attorney ad litem , if one is has 512
been appointed by the court , or, if the child is of sufficient 513
capacity to express reasonable consent , at the request or with 514
the consent of the child's attorney or the child's guardian ad 515
litem, if one has been appointed by the court, and the child . 516
Section 13. Paragraph (d) of subsection (3) of section 517
39.4023, Florida Statutes, is amended to read: 518
39.4023 Placement and education transitions; transition 519
plans.— 520
(3) PLACEMENT TRANSITIONS. — 521
(d) Transition planning. — 522
1. If the supportive services provided pursuant to 523
paragraph (c) have not been successful to make the maintenance 524
of the placement suitable or if there are other circumstances 525
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that require the child to be moved, the department or the 526
community-based care lead agency must convene a 527
multidisciplinary team staffing as required under s. 39.4022 528
before the child's placement is changed, or within 72 hours of 529
moving the child in an emergency situation, for the purpose of 530
developing an appropriate transition plan. 531
2. A placement change may occur immediately in an 532
emergency situation without convening a multidisciplinary team 533
staffing. However, a multidisciplinary team staffing must be 534
held within 72 hours after the emergency situation arises. 535
3. The department or the community-based care lead agency 536
must provide written notice of the planned move at least 14 days 537
before the move or within 72 hours after an emergency situation, 538
to the greatest extent possible and consistent with the child's 539
needs and preferences. The notice must include the reason a 540
placement change is necessary. A copy of the notice must be 541
filed with the court and be provided to all of the following : 542
a. The child, unless he or she, due to age or capacity, is 543
unable to comprehend the written no tice, which will necessitate 544
the department or lead agency to provide notice in an age -545
appropriate and capacity -appropriate alternative manner .; 546
b. The child's parents, unless prohibited by court order .; 547
c. The child's out-of-home caregiver.; 548
d. The guardian ad litem., if one is appointed; 549
e. The attorney ad litem for the child, if one is 550
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appointed.; and 551
f. The attorney for the department. 552
4. The transition plan must be developed through 553
cooperation among the persons included in subparagraph 3., and 554
such persons must share any relevant information necessary for 555
its development. Subject to the child's needs and preferences, 556
the transition plan must meet the requirements of s. 557
409.1415(2)(b)8. and exclude any placement changes that occur 558
between 7 p.m. and 8 a.m. 559
5. The department or the community -based care lead agency 560
shall file the transition plan with the court within 48 hours 561
after the creation of such plan and provide a copy of the plan 562
to the persons included in subparagraph 3. 563
Section 14. Paragraph (f) of subsection (3) of section 564
39.407, Florida Statutes, is amended to read: 565
39.407 Medical, psychiatric, and psychological examination 566
and treatment of child; physical, mental, or substance abuse 567
examination of person with or requesting child custody.— 568
(3) 569
(f)1. The department shall fully inform the court of the 570
child's medical and behavioral status as part of the social 571
services report prepared for each judicial review hearing held 572
for a child for whom psychotropic medication has been prescribed 573
or provided under this subsection. As a part of the information 574
provided to the court, the department shall furnish copies of 575
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all pertinent medical records concerning the child which have 576
been generated since the previous hearing. On its own mo tion or 577
on good cause shown by any party, including the any guardian ad 578
litem, attorney, or attorney ad litem , if one is who has been 579
appointed to represent the child or the child's interests , the 580
court may review the status more frequently than required i n 581
this subsection. 582
2. The court may, in the best interests of the child, 583
order the department to obtain a medical opinion addressing 584
whether the continued use of the medication under the 585
circumstances is safe and medically appropriate. 586
Section 15. Paragraphs (m), (t), and (u) of subsection (1) 587
of section 39.4085, Florida Statutes, are amended to read: 588
39.4085 Goals for dependent children; responsibilities; 589
education.— 590
(1) The Legislature finds that the design and delivery of 591
child welfare services should be directed by the principle that 592
the health and safety of children, including the freedom from 593
abuse, abandonment, or neglect, is of paramount concern and, 594
therefore, establishes the following goals for children in 595
shelter or foster care: 596
(m) To receive meaningful case management and planning 597
that will quickly return the child to his or her family or move 598
the child on to other forms of permanency. A goal of permanency 599
includes helping a child who is transitioning from foster care 600
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to independent living maintain naturally occurring, lifelong, 601
and kin-like connections with a supportive adult. 602
(t) To have a guardian ad litem appointed to represent, 603
within reason, their best interests and, if appropriate, an 604
attorney ad litem appointed to represent their legal interests ; 605
the guardian ad litem and attorney ad litem , if one is 606
appointed, shall have immediate and unlimited access to the 607
children they represent. 608
(u) To have all their records available for review by 609
their guardian ad litem and attorney a d litem, if one is 610
appointed, if they deem such review necessary. 611
612
This subsection establishes goals and not rights. This 613
subsection does not require the delivery of any particular 614
service or level of service in excess of existing 615
appropriations. A person does not have a cause of action against 616
the state or any of its subdivisions, agencies, contractors, 617
subcontractors, or agents, based upon the adoption of or failure 618
to provide adequate funding for the achievement of these goals 619
by the Legislature. This su bsection does not require the 620
expenditure of funds to meet the goals established in this 621
subsection except those funds specifically appropriated for such 622
purpose. 623
Section 16. Paragraph (c) of subsection (3) of section 624
39.522, Florida Statutes, is amended to read: 625
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39.522 Postdisposition change of custody. — 626
(3) 627
(c)1. The department or community -based care lead agency 628
must notify a current caregiver who has been in the physical 629
custody placement for at least 9 consecutive months and who 630
meets all the established criteria in paragraph (b) of an intent 631
to change the physical custody of the child, and a 632
multidisciplinary team staffing must be held in accordance with 633
ss. 39.4022 and 39.4023 at least 21 days before the intended 634
date for the child's cha nge in physical custody, unless there is 635
an emergency situation as defined in s. 39.4022(2)(b). If there 636
is not a unanimous consensus decision reached by the 637
multidisciplinary team, the department's official position must 638
be provided to the parties within the designated time period as 639
provided for in s. 39.4022. 640
2. A caregiver who objects to the department's official 641
position on the change in physical custody must notify the court 642
and the department or community -based care lead agency of his or 643
her objection and the intent to request an evidentiary hearing 644
in writing in accordance with this section within 5 days after 645
receiving notice of the department's official position provided 646
under subparagraph 1. The transition of the child to the new 647
caregiver may not begin before the expiration of the 5 -day 648
period within which the current caregiver may object. 649
3. Upon the department or community -based care lead agency 650
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receiving written notice of the caregiver's objection, the 651
change to the child's physical c ustody must be placed in 652
abeyance and the child may not be transitioned to a new physical 653
placement without a court order, unless there is an emergency 654
situation as defined in s. 39.4022(2)(b). 655
4. Within 7 days after receiving written notice from the 656
caregiver, the court must conduct an initial case status 657
hearing, at which time the court must do all of the following : 658
a. Grant party status to the current caregiver who is 659
seeking permanent custody and has maintained physical custody of 660
that child for at least 9 continuous months for the limited 661
purpose of filing a motion for a hearing on the objection and 662
presenting evidence pursuant to this subsection .; 663
b. Appoint an attorney for the child who is the subject of 664
the permanent custody proceeding, in addi tion to the guardian ad 665
litem, if one is appointed; 666
b.c. Advise the caregiver of his or her right to retain 667
counsel for purposes of the evidentiary hearing .; and 668
c.d. Appoint a court-selected neutral and independent 669
licensed professional with expertise in the science and research 670
of child-parent bonding. 671
Section 17. Paragraph (c) of subsection (1) and paragraph 672
(c) of subsection (3) of section 39.6012, Florida Statutes, are 673
amended to read: 674
39.6012 Case plan tasks; services. — 675
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(1) The services to be provided to the parent and the 676
tasks that must be completed are subject to the following: 677
(c) If there is evidence of harm as defined in s. 678
39.01(35)(g) s. 39.01(34)(g), the case plan must include as a 679
required task for the parent whose actions cause d the harm that 680
the parent submit to a substance abuse disorder assessment or 681
evaluation and participate and comply with treatment and 682
services identified in the assessment or evaluation as being 683
necessary. 684
(3) In addition to any other requirement, if th e child is 685
in an out-of-home placement, the case plan must include: 686
(c) When appropriate, for a child who is 13 years of age 687
or older, a written description of the programs and services 688
that will help the child prepare for the transition from foster 689
care to independent living. The written description must include 690
activities that will help the child develop relationships, 691
coping skills, and emotional well -being. 692
Section 18. Subsections (1), (2), and (3) of section 693
39.6035, Florida Statutes, are amended to read: 694
39.6035 Transition plan. — 695
(1) During the year after a child reaches 16 years of age, 696
the department and the community -based care lead agency, in 697
collaboration with the caregiver , the child's guardian ad litem, 698
and any other individual whom th e child would like to include, 699
shall assist the child in developing a transition plan. The 700
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required transition plan is in addition to standard case 701
management requirements. The transition plan must address 702
specific options for the child to use in obtaining services, 703
including housing, health insurance, education, financial 704
literacy, a driver license, and workforce support and employment 705
services. The plan must also include tasks to establish and 706
maintain naturally occurring mentoring relationships and other 707
personal support services. The transition plan may be as 708
detailed as the child chooses. This plan must be updated as 709
needed before the child reaches 18 years of age and after the 710
child reaches 18 years of age if he or she is receiving funding 711
under s. 409.1451(2). In developing and updating the transition 712
plan, the department and the community -based care lead agency 713
shall: 714
(a) Provide the child with the documentation required 715
under s. 39.701(3). 716
(b) Coordinate the transition plan with the independent 717
living provisions in the case plan and, for a child with 718
disabilities, the Individuals with Disabilities Education Act 719
transition plan. 720
(c) Provide information for the financial literacy 721
curriculum for youth offered by the Department of Financial 722
Services. 723
(d) Provide information about independent living services 724
and programs which is tailored to the individual needs and plans 725
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of the child, including, at a minimum, the specific benefits of 726
each program and how such benefits meet the needs and plans of 727
the child, the advantages and disadvantages of participation in 728
each program considering the needs and plans of the child, and 729
the financial value of each program to the child. The community -730
based care lead agency shall discuss this information with the 731
child, and the child must sign a document indicating that he or 732
she: 733
1. Received such information. 734
2. Discussed such information with the community -based 735
care lead agency representative. 736
3. Understands how such services and benefits would meet 737
his or her individual needs. 738
4. Understands how such services would assist him or her 739
in accomplishing future plans. 740
(2) The department, the child's guardian ad litem, and the 741
child shall schedule a time, date, and place for a meeting to 742
assist the child in draf ting the transition plan. The time, 743
date, and place must be convenient for the child , the child's 744
guardian ad litem, and any other individual whom the child would 745
like to include. This meeting must be conducted in the child's 746
primary language. 747
(3) The transition plan shall be reviewed periodically 748
with the child, the department, the child's guardian ad litem, 749
and other individuals of the child's choice and updated when 750
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necessary before each judicial review so long as the child or 751
young adult remains in ca re. 752
Section 19. Paragraph (f) of subsection (1) and paragraph 753
(a) of subsection (3) of section 39.701, Florida Statutes, are 754
amended to read: 755
39.701 Judicial review. — 756
(1) GENERAL PROVISIONS. — 757
(f) Notice of a judicial review hearing or a citizen 758
review panel hearing, and a copy of the motion for judicial 759
review, if any, must be served by the clerk of the court upon 760
all of the following persons, if available to be served, 761
regardless of whether the person was present at the previous 762
hearing at which the date, time, and location of the hearing was 763
announced: 764
1. The social service agency charged with the supervision 765
of care, custody, or guardianship of the child, if that agency 766
is not the movant. 767
2. The foster parent or legal custodian in whose hom e the 768
child resides. 769
3. The parents. 770
4. The guardian ad litem for the child , or the 771
representative of the guardian ad litem program if the program 772
has been appointed. 773
5. The attorney ad litem for the child, if one is 774
appointed. 775
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6. The child, if the child is 13 years of age or older. 776
7. Any preadoptive parent. 777
8. Such other persons as the court may direct. 778
(3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE. —779
At each review hearing held under this subsection, the court 780
shall give the child t he opportunity to address the court and 781
provide any information relevant to the child's best interest, 782
particularly in relation to independent living transition 783
services. The foster parent, legal custodian, or guardian ad 784
litem, or attorney ad litem, if on e is appointed, may also 785
provide any information relevant to the child's best interest to 786
the court. In addition to the review and report required under 787
paragraphs (1)(a) and (2)(a), respectively, the court shall: 788
(a) Inquire about the life skills the ch ild has acquired 789
and whether those services are age appropriate, at the first 790
judicial review hearing held subsequent to the child's 16th 791
birthday. At the judicial review hearing, the department shall 792
provide the court with a report that includes specific 793
information related to the life skills that the child has 794
acquired since the child's 13th birthday or since the date the 795
child came into foster care, whichever came later. For any child 796
who may meet the requirements for appointment of a guardian 797
advocate under s. 393.12 or a guardian under chapter 744, the 798
updated case plan must be developed in a face -to-face conference 799
with the child, if appropriate; the child's attorney ad litem, 800
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if one is appointed; the child's any court-appointed guardian ad 801
litem; the temporary custodian of the child; and the parent of 802
the child, if the parent's rights have not been terminated. 803
Section 20. Subsection (2) of section 39.815, Florida 804
Statutes, is amended to read: 805
39.815 Appeal.— 806
(2) An attorney for the department s hall represent the 807
state upon appeal. When a notice of appeal is filed in the 808
circuit court, the clerk shall notify the attorney for the 809
department, together with the attorney for the parent, the 810
guardian ad litem, and the any attorney ad litem, if one is 811
appointed for the child. 812
Section 21. Subsection (4) of section 39.827, Florida 813
Statutes, is amended to read: 814
39.827 Hearing for appointment of a guardian advocate. — 815
(4) The hearing under this section must shall remain 816
confidential and closed to the public. The clerk shall keep all 817
court records required by this part separate from other records 818
of the circuit court. All court records required by this part 819
are shall be confidential and exempt from the provisions of s. 820
119.07(1). All records may only shall be inspected only upon 821
order of the court by persons deemed by the court to have a 822
proper interest therein, except that a child , and the parents or 823
custodians of the child and their attorneys , and the department 824
and its designees, the guardian ad litem, and the attorney ad 825
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litem, if one is appointed, shall always have the right to 826
inspect and copy any official record pertaining to the child. 827
The court may permit authorized representatives of recognized 828
organizations compiling stat istics for proper purposes to 829
inspect and make abstracts from official records, under whatever 830
conditions upon their use and disposition the court may deem 831
proper, and may punish by contempt proceedings any violation of 832
those conditions. All information ob tained pursuant to this part 833
in the discharge of official duty by any judge, employee of the 834
court, or authorized agent of the department is shall be 835
confidential and exempt from the provisions of s. 119.07(1) and 836
may shall not be disclosed to anyone other than the authorized 837
personnel of the court or the department and its designees, 838
except upon order of the court. 839
Section 22. Paragraph (b) of subsection (2) of section 840
39.8296, Florida Statutes, is amended and subsection (3) is 841
added to that section to read: 842
39.8296 Statewide Guardian Ad Litem Office; legislative 843
findings and intent; creation; appointment of executive 844
director; duties of office. — 845
(2) STATEWIDE GUARDIAN AD LITEM OFFICE. —There is created a 846
Statewide Guardian Ad Litem Office within the Justice 847
Administrative Commission. The Justice Administrative Commission 848
shall provide administrative support and service to the office 849
to the extent requested by the executive director within the 850
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available resources of the commission. The Statewide Guard ian Ad 851
Litem Office is not subject to control, supervision, or 852
direction by the Justice Administrative Commission in the 853
performance of its duties, but the employees of the office are 854
governed by the classification plan and salary and benefits plan 855
approved by the Justice Administrative Commission. 856
(b) The Statewide Guardian Ad Litem Office shall, within 857
available resources, have oversight responsibilities for and 858
provide technical assistance to all guardian ad litem and 859
attorney ad litem programs located within the judicial circuits. 860
1. The office shall identify the resources required to 861
implement methods of collecting, reporting, and tracking 862
reliable and consistent case data. 863
2. The office shall review the current guardian ad litem 864
programs in Florida and other states. 865
3. The office, in consultation with local guardian ad 866
litem offices, shall develop statewide performance measures and 867
standards. 868
4. The office shall develop a guardian ad litem training 869
program, which shall include, but is not limi ted to, training on 870
the recognition of and responses to head trauma and brain injury 871
in a child under 6 years of age. The office shall establish a 872
curriculum committee to develop the training program specified 873
in this subparagraph. The curriculum committee shall include, 874
but not be limited to, dependency judges, directors of circuit 875
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guardian ad litem programs, active certified guardians ad litem, 876
a mental health professional who specializes in the treatment of 877
children, a member of a child advocacy group, a representative 878
of a domestic violence advocacy group, an individual with a 879
degree in social work, and a social worker experienced in 880
working with victims and perpetrators of child abuse. The 881
training program must be updated regularly with or without 882
convening the curriculum committee. 883
5. The office shall review the various methods of funding 884
guardian ad litem programs, maximize the use of those funding 885
sources to the extent possible, and review the kinds of services 886
being provided by circuit guardian ad litem offices programs. 887
6. The office shall determine the feasibility or 888
desirability of new concepts of organization, administration, 889
financing, or service delivery designed to preserve the civil 890
and constitutional rights and fulfill other needs of depe ndent 891
children. 892
7. The office shall provide oversight and technical 893
assistance to attorneys ad litem, including, but not limited to, 894
the following: 895
a. Develop an attorney ad litem training program in 896
collaboration with a curriculum committee consisting of 897
dependency court stakeholders, including, but not limited to, 898
dependency judges, representatives from legal aid programs 899
providing attorney ad litem representation, and at least one 900
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attorney ad litem selected from the registry under s. 27.40 who 901
is representing a child. The training program must be updated 902
regularly with or without convening the curriculum committee. 903
b. Offer consultation and technical assistance to chief 904
judges who maintain a registry under s. 27.40 for the selection 905
of attorneys ad litem. 906
c. Assist with recruitment, training, and mentoring 907
efforts of attorneys ad litem as needed 908
7. In an effort to promote normalcy and establish trust 909
between a court-appointed volunteer guardian ad litem and a 910
child alleged to be abused, abandoned , or neglected under this 911
chapter, a guardian ad litem may transport a child. However, a 912
guardian ad litem volunteer may not be required or directed by 913
the program or a court to transport a child . 914
8. The office shall submit to the Governor, the President 915
of the Senate, the Speaker of the House of Representatives, and 916
the Chief Justice of the Supreme Court an interim report 917
describing the progress of the office in meeting the goals as 918
described in this section. The office shall submit to the 919
Governor, the President of the Senate, the Speaker of the House 920
of Representatives, and the Chief Justice of the Supreme Court a 921
proposed plan including alternatives for meeting the state's 922
guardian ad litem and attorney ad litem needs. This plan may 923
include recommendations for less than the entire state, may 924
include a phase-in system, and shall include estimates of the 925
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cost of each of the alternatives. Each year the office shall 926
provide a status report and provide further recommendations to 927
address the need for guardian ad litem services and related 928
issues. 929
(3) HOPE FLORIDA.— 930
(a) The Legislature finds that a committed, caring adult 931
provides a lifeline for youth who are transitioning out of 932
foster care into independent living. Accordingly, it is the 933
intent of the Legislature that the Statewide Guardian Ad Litem 934
Office assist such youth in meeting supportive adults with the 935
hope of creating an ongoing relationship as the youth 936
transitions into living independently. 937
(b) The Statewide Guardian Ad Litem Office shall work with 938
a youth who is transitioning out of foster care into independent 939
living to identify at least one supportive adult to enter into a 940
formal agreement with the youth and file such agreement in the 941
youth's court file. If a supportive adult cannot be ident ified, 942
the Statewide Guardian Ad Litem Office must refer the youth to 943
Hope Florida. 944
(c) Hope Florida shall use the Hope Heroes Program within 945
the Department of Elderly Affairs or any faith -based agencies or 946
other resources to identify a supportive adult. It is the 947
responsibility of the adult and the youth to enter into a formal 948
agreement for an ongoing relationship and to file such agreement 949
in the youth's court file. 950
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(d) The Statewide Guardian Ad Litem Office shall develop a 951
mobile application that pro vides a user the capability to 952
identify and locate resources for youth transitioning from 953
foster care into independent living. The application must link 954
to Hope Florida for the user to receive further assistance if 955
needed. 956
Section 23. Section 39.8298, Florida Statutes, is amended 957
to read: 958
39.8298 Guardian Ad Litem state and local direct-support 959
organizations organization.— 960
(1) AUTHORITY.—The Statewide Guardian Ad Litem Office 961
created under s. 39.8296 is authorized to create a state direct-962
support organization and to create or designate local direct -963
support organizations. The executive director of the Statewide 964
Guardian Ad Litem Office is responsible for designating local 965
direct-support organizations, which are subject to this section . 966
For purposes of this section, unless otherwise referenced, the 967
term "direct-support organization" includes the state direct -968
support organization and any local direct -support organizations 969
that the executive director creates or designates. 970
(a) The direct-support organization must be a Florida 971
corporation not for profit, incorporated under the provisions of 972
chapter 617. The direct -support organization is shall be exempt 973
from paying fees under s. 617.0122. 974
(b) The direct-support organization must shall be 975
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organized and operated to conduct programs and activities; raise 976
funds; request and receive grants, gifts, and bequests of 977
moneys; acquire, receive, hold, invest, and administer, in its 978
own name, securities, funds, objects of value, or other 979
property, real or personal; a nd make expenditures to or for the 980
direct or indirect benefit of the Statewide Guardian Ad Litem 981
Office and all guardian ad litem programs located within the 982
judicial circuits. 983
(c) If the executive director of the Statewide Guardian Ad 984
Litem Office determines that the direct-support organization is 985
operating in a manner that is inconsistent with the goals and 986
purposes of the Statewide Guardian Ad Litem Office or not acting 987
in the best interest of the state, the executive director may 988
terminate the organization's contract and thereafter the 989
organization may not use the name of the Statewide Guardian Ad 990
Litem Office. 991
(2) CONTRACTS CONTRACT.—The state direct-support 992
organization and any local direct -support organization shall 993
operate under a written contrac t with the Statewide Guardian Ad 994
Litem Office. The written contract must, at a minimum, provide 995
for: 996
(a) Approval of the articles of incorporation and bylaws 997
of the direct-support organization by the executive director of 998
the Statewide Guardian Ad Litem Office. 999
(b) Submission of an annual budget for the approval by the 1000
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executive director of the Statewide Guardian Ad Litem Office. 1001
(c) The reversion without penalty to the Statewide 1002
Guardian Ad Litem Office, or to the state if the Statewide 1003
Guardian Ad Litem Office ceases to exist, of all moneys and 1004
property held in trust by the state direct-support organization 1005
for the Statewide Guardian Ad Litem Office if the state direct-1006
support organization ceases to exist or if the contract is 1007
terminated. 1008
(d) The fiscal year of the direct -support organization, 1009
which must begin July 1 of each year and end June 30 of the 1010
following year. 1011
(e) The disclosure of material provisions of the contract 1012
and the distinction between the Statewide Guardian Ad Litem 1013
Office and the direct-support organization to donors of gifts, 1014
contributions, or bequests, as well as on all promotional and 1015
fundraising publications. 1016
(3) BOARD OF DIRECTORS. —The executive director of the 1017
Statewide Guardian Ad Litem Office shall appoint a board of 1018
directors for each the direct-support organization. The 1019
executive director may designate employees of the Statewide 1020
Guardian Ad Litem Office to serve on the board of directors of 1021
each direct-support organization . Members of the boards board 1022
shall serve at the pleasure of the executive director. 1023
(4) USE OF PROPERTY AND SERVICES. —The executive director 1024
of the Statewide Guardian Ad Litem Office: 1025
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(a) May authorize the use of facilities and property other 1026
than money that are owned by the Stat ewide Guardian Ad Litem 1027
Office to be used by a the direct-support organization. 1028
(b) May authorize the use of personal services provided by 1029
employees of the Statewide Guardian Ad Litem Office to be used 1030
by a direct-support organization . For the purposes o f this 1031
section, the term "personal services" includes full -time 1032
personnel and part-time personnel as well as payroll processing. 1033
(c) May prescribe the conditions by which a the direct-1034
support organization may use property, facilities, or personal 1035
services of the office. 1036
(d) May Shall not authorize the use of property, 1037
facilities, or personal services by a of the direct-support 1038
organization if the organization does not provide equal 1039
employment opportunities to all persons, regardless of race, 1040
color, religion, sex, age, or national origin. 1041
(5) MONEYS.—Moneys of a the direct-support organization 1042
must may be held in a separate depository account in the name of 1043
the direct-support organization and subject to the provisions of 1044
the contract with the Statewide Guardian Ad Litem Office. 1045
(6) ANNUAL AUDIT.—Each The direct-support organization 1046
must shall provide for an annual financial audit in accordance 1047
with s. 215.981. 1048
(7) LIMITS ON DIRECT -SUPPORT ORGANIZATIONS ORGANIZATION.—A 1049
The direct-support organization may shall not exercise any power 1050
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under s. 617.0302(12) or (16). A No state employee may not shall 1051
receive compensation from a the direct-support organization for 1052
service on the board of directors or for services rendered to 1053
the direct-support organization. 1054
Section 24. Section 1009.898, Florida Statutes, is created 1055
to read: 1056
1009.898 Pathway to Prosperity Program. — 1057
(1) There is established the Pathway to Prosperity Program 1058
to be administered by the Department of Education. Through the 1059
program the department may administer grants in the following 1060
ways: 1061
(a) Grants to provide financial literacy instruction using 1062
the curriculum established in s. 1003.4282(3)(h) for youth who 1063
are transitioning from foster care into independent living in 1064
order to give the youth the necessary skills to successfully 1065
manage their personal finances. 1066
(b) Grants to provide SAT and ACT preparation, including 1067
one-on-one support, and fee waivers for the SAT and ACT for 1068
youth who are transitioning from foster care into independent 1069
living. 1070
(c) Grants to provide paid apprenticeships or trade 1071
careers for youth who are transitioning from foster care into 1072
independent living. 1073
(2) If a youth is reunified with his or her parent, the 1074
department shall extend any grants or supports the you th 1075
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received under this section for up to 6 months after 1076
reunification. 1077
Section 25. Subsection (1) of section 39.302, Florida 1078
Statutes, is amended to read: 1079
39.302 Protective investigations of institutional child 1080
abuse, abandonment, or neglect. — 1081
(1) The department shall conduct a child protective 1082
investigation of each report of institutional child abuse, 1083
abandonment, or neglect. Upon receipt of a report that alleges 1084
that an employee or agent of the department, or any other entity 1085
or person covered by s. 39.01(37) or (55) s. 39.01(36) or (54) , 1086
acting in an official capacity, has committed an act of child 1087
abuse, abandonment, or neglect, the department shall initiate a 1088
child protective investigation within the timeframe established 1089
under s. 39.101(2) and notify the appropriate state attorney, 1090
law enforcement agency, and licensing agency, which shall 1091
immediately conduct a joint investigation, unless independent 1092
investigations are more feasible. When conducting investigations 1093
or having face-to-face interviews with the child, investigation 1094
visits shall be unannounced unless it is determined by the 1095
department or its agent that unannounced visits threaten the 1096
safety of the child. If a facility is exempt from licensing, the 1097
department shall inform the owner or op erator of the facility of 1098
the report. Each agency conducting a joint investigation is 1099
entitled to full access to the information gathered by the 1100
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department in the course of the investigation. A protective 1101
investigation must include an interview with the ch ild's parent 1102
or legal guardian. The department shall make a full written 1103
report to the state attorney within 3 business days after making 1104
the oral report. A criminal investigation shall be coordinated, 1105
whenever possible, with the child protective investiga tion of 1106
the department. Any interested person who has information 1107
regarding the offenses described in this subsection may forward 1108
a statement to the state attorney as to whether prosecution is 1109
warranted and appropriate. Within 15 days after the completion 1110
of the investigation, the state attorney shall report the 1111
findings to the department and shall include in the report a 1112
determination of whether or not prosecution is justified and 1113
appropriate in view of the circumstances of the specific case. 1114
Section 26. Paragraph (c) of subsection (1) of section 1115
39.521, Florida Statutes, is amended to read: 1116
39.521 Disposition hearings; powers of disposition. — 1117
(1) A disposition hearing shall be conducted by the court, 1118
if the court finds that the facts alleged in the petition for 1119
dependency were proven in the adjudicatory hearing, or if the 1120
parents or legal custodians have consented to the finding of 1121
dependency or admitted the allegations in the petition, have 1122
failed to appear for the arraignment hearing after proper 1123
notice, or have not been located despite a diligent search 1124
having been conducted. 1125
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(c) When any child is adjudicated by a court to be 1126
dependent, the court having jurisdiction of the child has the 1127
power by order to: 1128
1. Require the parent and, when approp riate, the legal 1129
guardian or the child to participate in treatment and services 1130
identified as necessary. The court may require the person who 1131
has custody or who is requesting custody of the child to submit 1132
to a mental health or substance abuse disorder ass essment or 1133
evaluation. The order may be made only upon good cause shown and 1134
pursuant to notice and procedural requirements provided under 1135
the Florida Rules of Juvenile Procedure. The mental health 1136
assessment or evaluation must be administered by a qualifie d 1137
professional as defined in s. 39.01, and the substance abuse 1138
assessment or evaluation must be administered by a qualified 1139
professional as defined in s. 397.311. The court may also 1140
require such person to participate in and comply with treatment 1141
and services identified as necessary, including, when 1142
appropriate and available, participation in and compliance with 1143
a mental health court program established under chapter 394 or a 1144
treatment-based drug court program established under s. 397.334. 1145
Adjudication of a child as dependent based upon evidence of harm 1146
as defined in s. 39.01(35)(g) s. 39.01(34)(g) demonstrates good 1147
cause, and the court shall require the parent whose actions 1148
caused the harm to submit to a substance abuse disorder 1149
assessment or evaluation and to participate and comply with 1150
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treatment and services identified in the assessment or 1151
evaluation as being necessary. In addition to supervision by the 1152
department, the court, including the mental health court program 1153
or the treatment-based drug court program, may oversee the 1154
progress and compliance with treatment by a person who has 1155
custody or is requesting custody of the child. The court may 1156
impose appropriate available sanctions for noncompliance upon a 1157
person who has custody or is requesting custody of the child or 1158
make a finding of noncompliance for consideration in determining 1159
whether an alternative placement of the child is in the child's 1160
best interests. Any order entered under this subparagraph may be 1161
made only upon good cause shown. This subparagraph does not 1162
authorize placement of a child with a person seeking custody of 1163
the child, other than the child's parent or legal custodian, who 1164
requires mental health or substance abuse disorder treatment. 1165
2. Require, if the court deems necessary, the parties to 1166
participate in dependency mediation. 1167
3. Require placement of the child either under the 1168
protective supervision of an authorized agent of the department 1169
in the home of one or both of the child's parents or in the home 1170
of a relative of the child or another adult approved by the 1171
court, or in the custody of the department. Protective 1172
supervision continues until the court terminates it or until the 1173
child reaches the age of 18, whichever date is first. Protective 1174
supervision shall be terminated by the court whenever the court 1175
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determines that permanency has been achieved for the child, 1176
whether with a parent, another relative, or a legal custodian, 1177
and that protective supervision is no longer needed. The 1178
termination of supervision may be with or without retaining 1179
jurisdiction, at the court's discretion, and shall in either 1180
case be considered a permane ncy option for the child. The order 1181
terminating supervision by the department must set forth the 1182
powers of the custodian of the child and include the powers 1183
ordinarily granted to a guardian of the person of a minor unless 1184
otherwise specified. Upon the cour t's termination of supervision 1185
by the department, further judicial reviews are not required if 1186
permanency has been established for the child. 1187
4. Determine whether the child has a strong attachment to 1188
the prospective permanent guardian and whether such gu ardian has 1189
a strong commitment to permanently caring for the child. 1190
Section 27. Subsection (4) of section 322.09, Florida 1191
Statutes, is amended to read: 1192
322.09 Application of minors; responsibility for 1193
negligence or misconduct of minor. — 1194
(4) Notwithstanding subsections (1) and (2), if a 1195
caregiver of a minor who is under the age of 18 years and is in 1196
out-of-home care as defined in s. 39.01 s. 39.01(55), an 1197
authorized representative of a residential group home at which 1198
such a minor resides, the casewor ker at the agency at which the 1199
state has placed the minor, or a guardian ad litem specifically 1200
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authorized by the minor's caregiver to sign for a learner's 1201
driver license signs the minor's application for a learner's 1202
driver license, that caregiver, group ho me representative, 1203
caseworker, or guardian ad litem does not assume any obligation 1204
or become liable for any damages caused by the negligence or 1205
willful misconduct of the minor by reason of having signed the 1206
application. Before signing the application, the caseworker, 1207
authorized group home representative, or guardian ad litem shall 1208
notify the caregiver or other responsible party of his or her 1209
intent to sign and verify the application. 1210
Section 28. Paragraph (p) of subsection (4) of section 1211
394.495, Florida Statutes, is amended to read: 1212
394.495 Child and adolescent mental health system of care; 1213
programs and services. — 1214
(4) The array of services may include, but is not limited 1215
to: 1216
(p) Trauma-informed services for children who have 1217
suffered sexual exploi tation as defined in s. 39.01(78)(g) s. 1218
39.01(77)(g). 1219
Section 29. Section 627.746, Florida Statutes, is amended 1220
to read: 1221
627.746 Coverage for minors who have a learner's driver 1222
license; additional premium prohibited. —An insurer that issues 1223
an insurance policy on a private passenger motor vehicle to a 1224
named insured who is a caregiver of a minor who is under the age 1225
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of 18 years and is in out -of-home care as defined in s. 39.01 s. 1226
39.01(55) may not charge an additional premium for coverage of 1227
the minor while the minor is operating the insured vehicle, for 1228
the period of time that the minor has a learner's driver 1229
license, until such time as the minor obtains a driver license. 1230
Section 30. Paragraph (b) of subsection (9) of section 1231
768.28, Florida Statute s, is amended to read: 1232
768.28 Waiver of sovereign immunity in tort actions; 1233
recovery limits; civil liability for damages caused during a 1234
riot; limitation on attorney fees; statute of limitations; 1235
exclusions; indemnification; risk management programs. — 1236
(9) 1237
(b) As used in this subsection, the term: 1238
1. "Employee" includes any volunteer firefighter. 1239
2. "Officer, employee, or agent" includes, but is not 1240
limited to, any health care provider when providing services 1241
pursuant to s. 766.1115; any nonprofit independent college or 1242
university located and chartered in this state which owns or 1243
operates an accredited medical school, and its employees or 1244
agents, when providing patient services pursuant to paragraph 1245
(10)(f); any public defender or her or his employe e or agent, 1246
including an assistant public defender or an investigator; and 1247
any member of a Child Protection Team, as defined in s. 39.01 s. 1248
39.01(13), when carrying out her or his duties as a team member 1249
under the control, direction, and supervision of the state or 1250
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any of its agencies or subdivisions. 1251
Section 31. Paragraph (c) of subsection (1) of section 1252
934.255, Florida Statutes, is amended to read: 1253
934.255 Subpoenas in investigations of sexual offenses. — 1254
(1) As used in this section, the term: 1255
(c) "Sexual abuse of a child" means a criminal offense 1256
based on any conduct described in s. 39.01(78) s. 39.01(77). 1257
Section 32. Subsection (5) of section 960.065, Florida 1258
Statutes, is amended to read: 1259
960.065 Eligibility for awards. — 1260
(5) A person is not ineligible for an award pursuant to 1261
paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 1262
person is a victim of sexual exploitation of a child as defined 1263
in s. 39.01(78)(g) s. 39.01(77)(g). 1264
Section 33. This act shall take effect July 1, 2023. 1265