Florida 2023 Regular Session

Florida House Bill H1201 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 1201 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1201-00
9	9	Page 1 of 25
10	10	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
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12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to dependent children; amending s. 2
16	16	39.202, F.S.; providing that certain records relating 3
17	17	to the death of a child may only be released after 4
18	18	receipt of the final report of the medical examiner; 5
19	19	providing an exception; creating s. 39.5035, F. S.; 6
20	20	authorizing certain persons to file a petition for 7
21	21	adjudication and permanent commitment or a petition 8
22	22	for permanent commitment under certain circumstances; 9
23	23	specifying the timeframe to file such petitions; 10
24	24	providing requirements for such petitions; req uiring 11
25	25	an adjudicatory hearing be held within a specified 12
26	26	time after a petition is filed; requiring that certain 13
27	27	persons be served with notice of the adjudicatory 14
28	28	hearing; providing requirements for the adjudicatory 15
29	29	hearing; requiring a finding of clear an d convincing 16
30	30	evidence; requiring the court to enter specified 17
31	31	orders within a certain amount of time after the 18
32	32	adjudicatory hearing; requiring certain hearings be 19
33	33	held after the adjudicatory hearing under certain 20
34	34	circumstances; amending s. 39.522, F.S.; au thorizing 21
35	35	certain persons to remove a child from a court -ordered 22
36	36	placement under certain circumstances; requiring the 23
37	37	Department of Children and Families to file a 24
38	38	specified motion and the court to hold a hearing 25
39	39
40	40	HB 1201 2023
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42	42
43	43
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45	45	hb1201-00
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47	47	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
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49	49
50	50
51	51	within a certain time period under certain 26
52	52	circumstances; requiring the court to find probable 27
53	53	cause for the removal of the child based on certain 28
54	54	evidence; requiring the court to enter certain orders; 29
55	55	requiring a specified hearing if the court modifies 30
56	56	the child's placement; amending s. 39.6013, F .S.; 31
57	57	removing standards for the evidence required for the 32
58	58	court to amend a case plan; authorizing the court to 33
59	59	base certain determinations on certain evidence; 34
60	60	amending s. 39.6221, F.S.; revising and providing 35
61	61	requirements for the court to place a child in a 36
62	62	permanent guardianship with a relative or other adult; 37
63	63	amending s. 39.701, F.S.; requiring the court and a 38
64	64	citizen review panel to determine if certain relatives 39
65	65	meet the eligibility requirements of the Guardianship 40
66	66	Assistance Program; amending s. 39.80 1, F.S.; waiving 41
67	67	service of process to certain persons under certain 42
68	68	circumstances; amending s. 39.812, F.S.; authorizing 43
69	69	the court to review the department's denial of an 44
70	70	application to adopt a child; requiring the department 45
71	71	to file written notification of its denial with the 46
72	72	court and provide copies to certain persons within a 47
73	73	specified time period; providing requirements to have 48
74	74	a court review the department's denial of an 49
75	75	application to adopt; requiring the court to hold a 50
76	76
77	77	HB 1201 2023
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79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1201-00
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84	84	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
85	85
86	86
87	87
88	88	hearing within a specified ti me; providing standing to 51
89	89	certain persons; authorizing certain persons to 52
90	90	participate in the hearing under certain 53
91	91	circumstances; requiring the court to enter an order 54
92	92	within a specified amount of time; conforming 55
93	93	provisions to changes made by the act; ame nding s. 56
94	94	63.062, F.S.; conforming provisions to changes made by 57
95	95	the act; amending s. 409.167, F.S.; providing that the 58
96	96	photo listing component of the statewide adoption 59
97	97	exchange is only accessible to certain persons; 60
98	98	amending s. 409.175, F.S.; authorizing the department 61
99	99	to exempt certain persons or entities from licensure; 62
100	100	providing requirements for such exemption; requiring 63
101	101	the department to adopt rules; extending the number of 64
102	102	days the department may extend a license expiration 65
103	103	date; providing an effectiv e date. 66
104	104	67
105	105	Be It Enacted by the Legislature of the State of Florida: 68
106	106	69
107	107	Section 1. Paragraph (o) of subsection (2) of section 70
108	108	39.202, Florida Statutes, is amended to read: 71
109	109	39.202 Confidentiality of reports and records in cases of 72
110	110	child abuse or negle ct; exception.— 73
111	111	(2) Except as provided in subsection (4), access to such 74
112	112	records, excluding the name of, or other identifying information 75
113	113
114	114	HB 1201 2023
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116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	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
122	122
123	123
124	124
125	125	with respect to, the reporter which shall be released only as 76
126	126	provided in subsection (5), shall be granted only to t he 77
127	127	following persons, officials, and agencies: 78
128	128	(o) Any person in the event of the death of a child 79
129	129	determined by the department after receipt of the final report 80
130	130	of the medical examiner to be a result of abuse, abandonment, or 81
131	131	neglect. Information identi fying the person reporting abuse, 82
132	132	abandonment, or neglect may shall not be released. Information 83
133	133	may not be released if there is an active, concurrent criminal 84
134	134	investigation and a law enforcement officer or the state 85
135	135	attorney informs the department that th e release of information 86
136	136	may compromise a successful criminal prosecution in the child 87
137	137	abuse, neglect, or abandonment case. Any information otherwise 88
138	138	made confidential or exempt by law may shall not be released 89
139	139	under pursuant to this paragraph. 90
140	140	Section 2. Section 39.5035, Florida Statutes, is created 91
141	141	to read: 92
142	142	39.5035 Deceased parents; special procedures. — 93
143	143	(1)(a)1. If both parents of a child die or the last known 94
144	144	living parent dies and a legal custodian has not been appointed 95
145	145	for the child through a probate or guardianship proceeding, an 96
146	146	attorney for the department or any other person who has 97
147	147	knowledge of such facts or is informed of such facts and 98
148	148	believes them to be true may initiate a proceeding by filing a 99
149	149	petition for adjudication and permanent c ommitment. The petition 100
150	150
151	151	HB 1201 2023
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158	158	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
159	159
160	160
161	161
162	162	must be filed within a reasonable time after the petitioner 101
163	163	first becomes aware of the facts that support the petition for 102
164	164	adjudication and permanent commitment. 103
165	165	2. If a child has been placed in shelter status by order 104
166	166	of the court but has not yet been adjudicated, a petition for 105
167	167	adjudication and permanent commitment must be filed within 21 106
168	168	days after the shelter hearing. 107
169	169	(b) If, after a child has already been adjudicated 108
170	170	dependent, both parents of the child die or the last known 109
171	171	living parent dies and a legal custodian has not been appointed 110
172	172	for the child through a probate or guardianship proceeding, an 111
173	173	attorney for the department or any other person who has 112
174	174	knowledge of the facts or is informed of the facts and believes 113
175	175	them to be true may file a petition for permanent commitment. 114
176	176	The petition must be filed within a reasonable time after the 115
177	177	petitioner first becomes aware of the facts that support the 116
178	178	petition for permanent commitment. 117
179	179	(2) The petition must: 118
180	180	(a) Be in writing, identify the alleged deceased parent or 119
181	181	parents, and provide facts that establish that both parents of 120
182	182	the child are deceased or the last known living parent is 121
183	183	deceased and that a legal custodian has not been appointed for 122
184	184	the child through a probate or guardianship proceeding. 123
185	185	(b) Be signed by the petitioner under oath stating the 124
186	186	petitioner's good faith in filing the petition. 125
187	187
188	188	HB 1201 2023
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190	190
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195	195	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
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197	197
198	198
199	199	(3) The clerk of court must set the case before the court 126
200	200	for an adjudicatory hearing as soon as practicable, but not 127
201	201	later than 30 days after a petition for adjudication and 128
202	202	permanent commitment or petition for permanent commitment is 129
203	203	filed. 130
204	204	(4) A copy of the petition and notice of the date, time, 131
205	205	and place of the adjudicatory hearing must be served on all of 132
206	206	the following persons: 133
207	207	(a) The person who has physical custody of the child. 134
208	208	(b) A living relative of each parent of the child, unless 135
209	209	a living relative of each parent cannot be found after a 136
210	210	diligent search or inquiry. 137
211	211	(c) The guardian ad litem for the child or a 138
212	212	representative of the guardian ad litem program, if a guardian 139
213	213	ad litem has been appointed for the child. 140
214	214	(5) The adjudicatory hearing must be conducted by a judge 141
215	215	without a jury in accordance with the Florida Rules of Civil 142
216	216	Procedure. The hearings may be adjourned from time to time as 143
217	217	necessary. At the hearing, the judge must determine whether the 144
218	218	petitioner has established by clear and convincing evidence that 145
219	219	both parents of the child are deceased or that one parent is 146
220	220	deceased, the other parent canno t be found after a diligent 147
221	221	search, and a legal custodian has not been appointed for the 148
222	222	child through a probate or guardianship proceeding. A certified 149
223	223	copy of a death certificate for a parent is clear and convincing 150
224	224
225	225	HB 1201 2023
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230	230	hb1201-00
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232	232	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
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234	234
235	235
236	236	evidence of the parent's death. 151
237	237	(6) Within 30 days after an adjudicatory hearing on a 152
238	238	petition for adjudication and permanent commitment, the court 153
239	239	must: 154
240	240	(a) If the court finds that the petitioner met the clear 155
241	241	and convincing standard: 156
242	242	1. Enter a written order adjudicating the child depe ndent 157
243	243	and permanently committing the child to the custody of the 158
244	244	department for the purpose of adoption. 159
245	245	2. Schedule a disposition hearing as provided in s. 39.521 160
246	246	within 30 days after the entry of the order in which the 161
247	247	department must provide a case pl an that identifies the 162
248	248	permanency goal for the child to the court. Reasonable efforts 163
249	249	must be made to place the child in a timely manner in accordance 164
250	250	with the permanency plan and to complete all steps necessary to 165
251	251	finalize the permanent placement of the c hild. 166
252	252	3. Hold hearings every 6 months to review the progress 167
253	253	being made toward permanency for the child until the adoption of 168
254	254	the child is finalized or the child reaches the age of 18 years, 169
255	255	whichever occurs first. 170
256	256	(b) Enter a written order adjudicatin g the child dependent 171
257	257	if the court finds that the petitioner has not met the clear and 172
258	258	convincing standard but that a preponderance of the evidence 173
259	259	establishes that the child does not have a parent or legal 174
260	260	custodian capable of providing supervision or car e to the child. 175
261	261
262	262	HB 1201 2023
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265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
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269	269	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
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271	271
272	272
273	273	The court must schedule a disposition hearing as provided in s. 176
274	274	39.521 within 30 days after the entry of the order in which the 177
275	275	department must provide a case plan that identifies the 178
276	276	permanency goal for the child to the court. Reasonable e fforts 179
277	277	must be made to place the child in a timely manner in accordance 180
278	278	with the permanency plan and to complete all steps necessary to 181
279	279	finalize the permanent placement of the child. 182
280	280	(c) Enter a written order dismissing the petition if the 183
281	281	court finds that the petitioner has not met the clear and 184
282	282	convincing standard and that a preponderance of the evidence 185
283	283	does not establish that the child does not have a parent or 186
284	284	legal custodian capable of providing supervision or care to the 187
285	285	child. 188
286	286	(7) Within 30 days after an adjudicatory hearing on a 189
287	287	petition for permanent commitment, the court must: 190
288	288	(a) If the court finds that the petitioner met the clear 191
289	289	and convincing standard: 192
290	290	1. Enter a written order permanently committing the child 193
291	291	to the custody of the dep artment for the purpose of adoption. 194
292	292	2. Schedule a disposition hearing as provided in s. 39.521 195
293	293	within 30 days after the entry of the order in which the 196
294	294	department must provide an amended case plan that identifies the 197
295	295	permanency goal for the child to the court. Reasonable efforts 198
296	296	must be made to place the child in a timely manner in accordance 199
297	297	with the permanency plan and to complete all steps necessary to 200
298	298
299	299	HB 1201 2023
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301	301
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303	303	CODING: Words stricken are deletions; words underlined are additions.
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306	306	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
307	307
308	308
309	309
310	310	finalize the permanent placement of the child. 201
311	311	3. Hold hearings every 6 months to review the progr ess 202
312	312	being made toward permanency for the child until the adoption of 203
313	313	the child is finalized or the child reaches the age of 18 years, 204
314	314	whichever occurs first. 205
315	315	(b) Enter an order dismissing the petition if the court 206
316	316	finds that the petitioner has not met th e clear and convincing 207
317	317	standard. The order does not affect the child's prior 208
318	318	adjudication of dependency. The order does not bar the 209
319	319	petitioner from filing a subsequent petition for permanent 210
320	320	commitment based on newly discovered evidence that establishes 211
321	321	that both parents of the child are deceased or that the last 212
322	322	living known parent is deceased and that a legal custodian has 213
323	323	not been appointed for the child through a probate or 214
324	324	guardianship proceeding. 215
325	325	Section 3. Subsection (7) is added to section 39.52 2, 216
326	326	Florida Statutes, to read: 217
327	327	39.522 Postdisposition change of custody. — 218
328	328	(7) Notwithstanding any other provision of this section, a 219
329	329	child's case manager, an authorized agent of the department, or 220
330	330	a law enforcement officer may, at any time, remove a chi ld from 221
331	331	a court-ordered placement and take the child into custody if the 222
332	332	court-ordered caregiver of the child requests immediate removal 223
333	333	of the child from the home. Additionally, an authorized agent of 224
334	334	the department or a law enforcement officer may, at an y time, 225
335	335
336	336	HB 1201 2023
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340	340	CODING: Words stricken are deletions; words underlined are additions.
341	341	hb1201-00
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343	343	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
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345	345
346	346
347	347	remove a child from a court -ordered placement and take the child 226
348	348	into custody if there is probable cause as required under s. 227
349	349	39.401(1)(b). 228
350	350	(a) If the child is not placed in licensed care upon 229
351	351	removal, the department must file a motion to modify placement 230
352	352	within 1 business day after the child is taken into custody. The 231
353	353	court must then set a hearing within 24 hours after the motion 232
354	354	is filed unless all of the parties and the current caregiver 233
355	355	agree to the change of placement. At the hearing, the cou rt must 234
356	356	determine if the department has established probable cause to 235
357	357	support the immediate removal of the child from his or her 236
358	358	current placement. The court may base its determination on a 237
359	359	sworn petition or affidavit or on testimony and may hear all 238
360	360	relevant and material evidence, including oral or written 239
361	361	reports, to the extent of their probative value, even if such 240
362	362	evidence would not be competent evidence at an adjudicatory 241
363	363	hearing. 242
364	364	(b) If the court finds that the department did not 243
365	365	establish probable cause to support the removal of the child 244
366	366	from his or her current placement, the court must enter an order 245
367	367	that the child be returned to such placement. An order by the 246
368	368	court to return the child to his or her current placement does 247
369	369	not preclude a party fro m filing a subsequent motion pursuant to 248
370	370	subsection (2). 249
371	371	(c) If the current caregiver admits that a change of 250
372	372
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380	380	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
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382	382
383	383
384	384	placement is needed or the department establishes probable cause 251
385	385	to support removal of the child, the court must enter an order 252
386	386	changing the placement of the child. The new placement for the 253
387	387	child must meet the home study criteria in chapter 39 if the 254
388	388	child is not placed in foster care. 255
389	389	(d) If the court finds probable cause and modifies the 256
390	390	child's placement, the court must conduct a hearing pursuant to 257
391	391	subsection (2) or subsection (3), unless such hearing is waived 258
392	392	by all parties and the caregiver. 259
393	393	Section 4. Subsections (4) and (5) of section 39.6013, 260
394	394	Florida Statutes, are amended to read: 261
395	395	39.6013 Case plan amendments. — 262
396	396	(4) At any hearing, the case plan may be amended by the 263
397	397	court or upon motion of any party at any hearing to change the 264
398	398	goal of the plan, employ the use of concurrent planning, or add 265
399	399	or remove tasks the parent must complete in order to 266
400	400	substantially comply with the pla n if there is a preponderance 267
401	401	of evidence demonstrating the need for the amendment. The court 268
402	402	may base its determination to amend the case plan on testimony 269
403	403	and may hear all relevant and material evidence, including oral 270
404	404	or written reports, to the extent o f their probative value, even 271
405	405	if such evidence would not be competent evidence at an 272
406	406	adjudicatory hearing. The need to amend the case plan may be 273
407	407	based on information discovered or circumstances arising after 274
408	408	the approval of the case plan for: 275
409	409
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417	417	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
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420	420
421	421	(a) A previously unaddressed condition that, without 276
422	422	services, may prevent the child from safely returning to the 277
423	423	home or may prevent the child from safely remaining in the home; 278
424	424	(b) The child's need for permanency, taking into 279
425	425	consideration the child's age and developmental needs; 280
426	426	(c) The failure of a party to substantially comply with a 281
427	427	task in the original case plan, including the ineffectiveness of 282
428	428	a previously offered service; or 283
429	429	(d) An error or oversight in the case plan. 284
430	430	(5) At any hearing, the case plan may be amended by the 285
431	431	court or upon motion of any party at any hearing to provide 286
432	432	appropriate services to the child if there is competent evidence 287
433	433	demonstrating the need for the amendment. The court may base its 288
434	434	determination to amend the case plan on testimony and may hear 289
435	435	all relevant and material evidence, including oral or written 290
436	436	reports, to the extent of their probative value, even if such 291
437	437	evidence would not be competent evidence at an adjudicatory 292
438	438	hearing. The reason for amending the case plan m ay be based on 293
439	439	information discovered or circumstances arising after the 294
440	440	approval of the case plan regarding the provision of safe and 295
441	441	proper care to the child. 296
442	442	Section 5. Paragraph (a) of subsection (1) of section 297
443	443	39.6221, Florida Statutes, is amended , and paragraph (g) is 298
444	444	added to that subsection to read: 299
445	445	39.6221 Permanent guardianship of a dependent child. — 300
446	446
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454	454	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
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457	457
458	458	(1) If a court determines that reunification or adoption 301
459	459	is not in the best interest of the child, the court may place 302
460	460	the child in a permane nt guardianship with a relative or other 303
461	461	adult approved by the court if all of the following conditions 304
462	462	are met: 305
463	463	(a) The child has been in the placement for not less than 306
464	464	the preceding 6 months , or the preceding 3 months if the 307
465	465	caregiver is named as the successor guardian on the child's 308
466	466	guardianship assistance agreement pursuant to s. 39.6225 . 309
467	467	(g) The court determines if the prospective permanent 310
468	468	guardian is eligible for the Guardianship Assistance Program 311
469	469	under s. 39.6225. 312
470	470	Section 6. Paragraph (c) of subsection (2) of section 313
471	471	39.701, Florida Statutes, is amended to read: 314
472	472	39.701 Judicial review. — 315
473	473	(2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 316
474	474	AGE.— 317
475	475	(c) Review determinations. —The court and any citizen 318
476	476	review panel shall take into cons ideration the information 319
477	477	contained in the social services study and investigation and all 320
478	478	medical, psychological, and educational records that support the 321
479	479	terms of the case plan; testimony by the social services agency, 322
480	480	the parent, the foster parent or ca regiver, the guardian ad 323
481	481	litem or surrogate parent for educational decisionmaking if one 324
482	482	has been appointed for the child, and any other person deemed 325
483	483
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491	491	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
492	492
493	493
494	494
495	495	appropriate; and any relevant and material evidence submitted to 326
496	496	the court, including written and oral re ports to the extent of 327
497	497	their probative value. These reports and evidence may be 328
498	498	received by the court in its effort to determine the action to 329
499	499	be taken with regard to the child and may be relied upon to the 330
500	500	extent of their probative value, even though not competent in an 331
501	501	adjudicatory hearing. In its deliberations, the court and any 332
502	502	citizen review panel shall seek to determine: 333
503	503	1. If the parent was advised of the right to receive 334
504	504	assistance from any person or social service agency in the 335
505	505	preparation of the case plan. 336
506	506	2. If the parent has been advised of the right to have 337
507	507	counsel present at the judicial review or citizen review 338
508	508	hearings. If not so advised, the court or citizen review panel 339
509	509	shall advise the parent of such right. 340
510	510	3. If a guardian ad litem needs to be appointed for the 341
511	511	child in a case in which a guardian ad litem has not previously 342
512	512	been appointed or if there is a need to continue a guardian ad 343
513	513	litem in a case in which a guardian ad litem has been appointed. 344
514	514	4. Who holds the rights to make educational decisions for 345
515	515	the child. If appropriate, the court may refer the child to the 346
516	516	district school superintendent for appointment of a surrogate 347
517	517	parent or may itself appoint a surrogate parent under the 348
518	518	Individuals with Disabilities Education Act an d s. 39.0016. 349
519	519	5. The compliance or lack of compliance of all parties 350
520	520
521	521	HB 1201 2023
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528	528	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
529	529
530	530
531	531
532	532	with applicable items of the case plan, including the parents' 351
533	533	compliance with child support orders. 352
534	534	6. The compliance or lack of compliance with a visitation 353
535	535	contract between the par ent and the social service agency for 354
536	536	contact with the child, including the frequency, duration, and 355
537	537	results of the parent -child visitation and the reason for any 356
538	538	noncompliance. 357
539	539	7. The frequency, kind, and duration of contacts among 358
540	540	siblings who have bee n separated during placement, as well as 359
541	541	any efforts undertaken to reunite separated siblings if doing so 360
542	542	is in the best interests of the child. 361
543	543	8. The compliance or lack of compliance of the parent in 362
544	544	meeting specified financial obligations pertaining t o the care 363
545	545	of the child, including the reason for failure to comply, if 364
546	546	applicable. 365
547	547	9. Whether the child is receiving safe and proper care 366
548	548	according to s. 39.6012, including, but not limited to, the 367
549	549	appropriateness of the child's current placement, inclu ding 368
550	550	whether the child is in a setting that is as family -like and as 369
551	551	close to the parent's home as possible, consistent with the 370
552	552	child's best interests and special needs, and including 371
553	553	maintaining stability in the child's educational placement, as 372
554	554	documented by assurances from the community -based care lead 373
555	555	agency that: 374
556	556	a. The placement of the child takes into account the 375
557	557
558	558	HB 1201 2023
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560	560
561	561
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565	565	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
566	566
567	567
568	568
569	569	appropriateness of the current educational setting and the 376
570	570	proximity to the school in which the child is enrolled at the 377
571	571	time of placement. 378
572	572	b. The community-based care lead agency has coordinated 379
573	573	with appropriate local educational agencies to ensure that the 380
574	574	child remains in the school in which the child is enrolled at 381
575	575	the time of placement. 382
576	576	10. A projected date likely for the child's return home or 383
577	577	other permanent placement. 384
578	578	11. When appropriate, the basis for the unwillingness or 385
579	579	inability of the parent to become a party to a case plan. The 386
580	580	court and the citizen review panel shall determine if the 387
581	581	efforts of the social service agenc y to secure party 388
582	582	participation in a case plan were sufficient. 389
583	583	12. For a child who has reached 13 years of age but is not 390
584	584	yet 18 years of age, the adequacy of the child's preparation for 391
585	585	adulthood and independent living. For a child who is 15 years of 392
586	586	age or older, the court shall determine if appropriate steps are 393
587	587	being taken for the child to obtain a driver license or 394
588	588	learner's driver license. 395
589	589	13. If amendments to the case plan are required. 396
590	590	Amendments to the case plan must be made under s. 39.6013. 397
591	591	14. If the parents and caregivers have developed a 398
592	592	productive relationship that includes meaningful communication 399
593	593	and mutual support. 400
594	594
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598	598
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602	602	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
603	603
604	604
605	605
606	606	15. If there are any barriers to a relative meeting the 401
607	607	eligibility requirements under s. 39.6225. 402
608	608	Section 7. Paragraph (d) of subsection (3) of section 403
609	609	39.801, Florida Statutes, is redesignated as paragraph (e), and 404
610	610	a new paragraph (d) is added to that subsection, to read: 405
611	611	39.801 Procedures and jurisdiction; notice; service of 406
612	612	process.— 407
613	613	(3) Before the court m ay terminate parental rights, in 408
614	614	addition to the other requirements set forth in this part, the 409
615	615	following requirements must be met: 410
616	616	(d) If a person entitled to service under paragraph (a) 411
617	617	personally appears at the advisory hearing, or any other hearing 412
618	618	before the court that is held after the advisory hearing, the 413
619	619	necessity of serving process is waived for that person. 414
620	620	Section 8. Subsections (4) and (5) of section 39.812, 415
621	621	Florida Statutes, are amended to read: 416
622	622	39.812 Postdisposition relief; petition for adoption.— 417
623	623	(4) The court shall retain jurisdiction over any child 418
624	624	placed in the custody of the department until the child is 419
625	625	adopted. After custody of a child for subsequent adoption has 420
626	626	been given to the department, the court has jurisdiction for th e 421
627	627	purpose of reviewing the status of the child and the progress 422
628	628	being made toward permanent adoptive placement. As part of this 423
629	629	continuing jurisdiction, the court may: 424
630	630	(a) For good cause shown by the guardian ad litem for the 425
631	631
632	632	HB 1201 2023
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639	639	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
640	640
641	641
642	642
643	643	child, the court may review the appropriateness of the adoptive 426
644	644	placement of the child. 427
645	645	(b) Review the department's denial of an application to 428
646	646	adopt a child. The department's decision to deny an application 429
647	647	to adopt a child is only reviewable under this section and is 430
648	648	not subject to chapter 120. 431
649	649	1. If the department denies an application to adopt a 432
650	650	child, the department must file written notification of the 433
651	651	denial with the court and provide copies to all parties within 434
652	652	10 business days after the department's decision. 435
653	653	2. A denied applicant may file a motion to review the 436
654	654	department's denial within 30 business days after the issuance 437
655	655	of the department's written notification of its decision to deny 438
656	656	the application to adopt a child. The motion to review must 439
657	657	allege that the departm ent unreasonably denied the application 440
658	658	to adopt and request that the court allow the denied applicant 441
659	659	to file a petition to adopt the child under chapter 63 without 442
660	660	the department's consent. 443
661	661	3. A denied applicant only has standing under chapter 39 444
662	662	to file the motion to review the department's denial and to 445
663	663	present evidence in support of such motion. Such standing is 446
664	664	terminated upon the entry of the court's order. 447
665	665	4. The court shall hold a hearing within 30 business days 448
666	666	after the denied applicant files the motion to review. The court 449
667	667	may only consider whether the department's denial of the 450
668	668
669	669	HB 1201 2023
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671	671
672	672
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676	676	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
677	677
678	678
679	679
680	680	application is consistent with its policies and if the 451
681	681	department made such decision in an expeditious manner. The 452
682	682	standard of review is whether the department's deni al of the 453
683	683	application is an abuse of discretion. 454
684	684	5. If the department selected a different applicant to 455
685	685	adopt the child, the selected applicant may participate in the 456
686	686	hearing as a participant, as defined in s. 39.01, and may be 457
687	687	granted leave by the court to be heard without the need to file 458
688	688	a motion to intervene. 459
689	689	6. Within 15 business days after the conclusion of the 460
690	690	hearing, the court must enter a written order denying the motion 461
691	691	to review or finding that the department unreasonably denied the 462
692	692	application to adopt and authorizing the denied applicant to 463
693	693	file a petition to adopt the child under chapter 63 without the 464
694	694	department's consent. 465
695	695	(5) When a licensed foster parent or court -ordered 466
696	696	custodian has applied to adopt a child who has resided with the 467
697	697	foster parent or custodian for at least 6 months and who has 468
698	698	previously been permanently committed to the legal custody of 469
699	699	the department and the department does not grant the application 470
700	700	to adopt, the department may not, in the absence of a prior 471
701	701	court order authorizing it to do so, remove the child from the 472
702	702	foster home or custodian, except when: 473
703	703	(a) There is probable cause to believe that the child is 474
704	704	at imminent risk of abuse or neglect; 475
705	705
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708	708
709	709
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713	713	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
714	714
715	715
716	716
717	717	(b) Thirty business days have expired following written 476
718	718	notice to the foster parent or custodian of the denial of the 477
719	719	application to adopt, within which period no formal challenge of 478
720	720	the department's decision has been filed; 479
721	721	(c) A motion to review the department's denial of an 480
722	722	application to adopt a child under par agraph (4)(b) has been 481
723	723	denied; or 482
724	724	(d)(c) The foster parent or custodian agrees to the 483
725	725	child's removal. 484
726	726	(6)(5) The petition for adoption must be filed in the 485
727	727	division of the circuit court which entered the judgment 486
728	728	terminating parental rights, unless a motion for change of venue 487
729	729	is granted pursuant to s. 47.122. A copy of the consent to 488
730	730	adoption executed by the department must be attached to the 489
731	731	petition, unless such consent is waived under paragraph (4)(b) 490
732	732	pursuant to s. 63.062(7) . The petition must be accompanied by a 491
733	733	statement, signed by the prospective adoptive parents, 492
734	734	acknowledging receipt of all information required to be 493
735	735	disclosed under s. 63.085 and a form provided by the department 494
736	736	which details the social and medical history of the child and 495
737	737	each parent and includes the social security number and date of 496
738	738	birth for each parent, if such information is available or 497
739	739	readily obtainable. The prospective adoptive parents may not 498
740	740	file a petition for adoption until the judgment terminating 499
741	741	parental rights becomes final. An adoption proceeding under this 500
742	742
743	743	HB 1201 2023
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745	745
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750	750	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
751	751
752	752
753	753
754	754	subsection is governed by chapter 63. 501
755	755	Section 9. Subsection (7) of section 63.062, Florida 502
756	756	Statutes, is amended to read: 503
757	757	63.062 Persons required to consent to adoption; affidavit 504
758	758	of nonpaternity; wai ver of venue.— 505
759	759	(7) If parental rights to the minor have previously been 506
760	760	terminated, the adoption entity with which the minor has been 507
761	761	placed for subsequent adoption may provide consent to the 508
762	762	adoption. In such case, no other consent is required. If the 509
763	763	minor has been permanently committed to the department for 510
764	764	subsequent adoption, the department must consent to the adoption 511
765	765	or the court order finding that the department unreasonably 512
766	766	denied the application to adopt entered under s. 39.812(4) must 513
767	767	be attached to the petition to adopt, and The consent of the 514
768	768	department shall be waived upon a determination by the court 515
769	769	that such consent is being unreasonably withheld and if the 516
770	770	petitioner must file has filed with the court a favorable 517
771	771	preliminary adoptive home study as required under s. 63.092. 518
772	772	Section 10. Subsections (1) and (4) of section 409.167, 519
773	773	Florida Statutes, are amended to read: 520
774	774	409.167 Statewide adoption exchange; establishment; 521
775	775	responsibilities; registration requirements; rules. — 522
776	776	(1) The Department of Children and Families shall 523
777	777	establish, either directly or through purchase, a statewide 524
778	778	adoption exchange, with a photo listing component, which shall 525
779	779
780	780	HB 1201 2023
781	781
782	782
783	783
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787	787	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
788	788
789	789
790	790
791	791	serve all authorized licensed child -placing agencies in the 526
792	792	state as a means of recruiting adop tive families for children 527
793	793	who have been legally freed for adoption and who have been 528
794	794	permanently placed with the department or a licensed child -529
795	795	placing agency. The statewide adoption exchange must shall 530
796	796	provide, in accordance with rules adopted by the department, 531
797	797	descriptions and photographs of such children, as well as any 532
798	798	other information deemed useful in the recruitment of adoptive 533
799	799	families for each child. The photo listing component of the 534
800	800	statewide adoption exchange must be updated monthly and may not 535
801	801	be accessible to the public, except to persons who have 536
802	802	completed or are in the process of completing an adoption home 537
803	803	study. 538
804	804	(4) For purposes of facilitating family -matching between 539
805	805	children and prospective adoptive parents, the statewide 540
806	806	adoption exchange must shall provide the photo listing component 541
807	807	service to all licensed child -placing agencies and, in 542
808	808	accordance with rules adopted established by the department, to 543
809	809	all appropriate citizen groups and other organizations and 544
810	810	associations intereste d in children's services. The photo 545
811	811	listing component of the statewide adoption exchange may not be 546
812	812	accessible to the public, except to persons who have completed 547
813	813	or are in the process of completing an adoption home study. 548
814	814	Section 11. Paragraph (i) of subsection (6) and subsection 549
815	815	(7) of section 409.175, Florida Statutes, are amended, and 550
816	816
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819	819
820	820
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824	824	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
825	825
826	826
827	827
828	828	paragraph (m) is added to subsection (6) of that section to 551
829	829	read: 552
830	830	409.175 Licensure of family foster homes, residential 553
831	831	child-caring agencies, and child-placing agencies; public 554
832	832	records exemption.— 555
833	833	(6) 556
834	834	(i) Upon determination that the applicant meets the state 557
835	835	minimum licensing requirements and has obtained a letter from a 558
836	836	community-based care lead agency which indicates that the family 559
837	837	foster home meets the criteria established by the lead agency, 560
838	838	the department shall issue a license without charge to a 561
839	839	specific person or agency at a specific location. A license may 562
840	840	be issued if all the screening materials have been timely 563
841	841	submitted; however, a license may not be issued or renewed if 564
842	842	any person at the home or agency has failed the required 565
843	843	screening. The license is nontransferable. A copy of the license 566
844	844	must shall be displayed in a conspicuous place. Except as 567
845	845	provided in paragraph (k), the license is valid for up to 1 year 568
846	846	after from the date of issuance, unless the license is suspended 569
847	847	or revoked by the department or is voluntarily surrendered by 570
848	848	the licensee. The license is the property of the department. 571
849	849	(m) The department may exemp t from licensure any person or 572
850	850	entity seeking to operate a home or facility that provides 573
851	851	temporary care and supervision, at the same time, for 5 to 14 574
852	852	children who are not related to the primary caregiver and for a 575
853	853
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861	861	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
862	862
863	863
864	864
865	865	period of time not to exceed 10 hours pe r week or 6 hours per 576
866	866	day for any individual child while the parents or other legal 577
867	867	custodians of the child are engaged in short -term activities, 578
868	868	not including the employment of the parents or other legal 579
869	869	custodians of the child. 580
870	870	1. A person or entity op erating a home or facility under 581
871	871	this paragraph must register with the department regarding the 582
872	872	person's or entity's intent to provide temporary care and 583
873	873	supervision of children. The person or entity must maintain 584
874	874	records and make such records available at any time to an 585
875	875	authorized representative of the department. These records must 586
876	876	include, at a minimum, all of the following information: 587
877	877	a. The names, ages, and home addresses of the children 588
878	878	under the care and supervision of the person or entity. 589
879	879	b. The names, addresses, and telephone numbers of the 590
880	880	parents or legal custodians of each child. 591
881	881	c. The intended whereabouts of the parents or legal 592
882	882	custodians of each child while the child is under the care and 593
883	883	supervision of the person or entity. 594
884	884	d. Attendance information, including the dates and times 595
885	885	each child is under the care and supervision of the person or 596
886	886	entity. 597
887	887	e. Telephone numbers of persons to contact in case of 598
888	888	emergency for each child. 599
889	889	2. A person or entity seeking an exemption from lice nsure 600
890	890
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894	894
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898	898	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
899	899
900	900
901	901
902	902	under this paragraph must undergo and require all employees to 601
903	903	undergo a level 2 background screening pursuant to chapter 435. 602
904	904	3. If a person or entity providing temporary care and 603
905	905	supervision to children fails to comply with all requirements 604
906	906	for an exemption from licensure, the person or entity will be 605
907	907	subject to the licensure requirements of this section. 606
908	908	4. The department shall adopt rules for the establishment, 607
909	909	registration, and exemption from licensure of temporary care 608
910	910	programs. 609
911	911	(7) The department may extend a license expiration date 610
912	912	once for a period of up to 60 30 days. However, the department 611
913	913	may not extend a license expiration date more than once during a 612
914	914	licensure period. 613
915	915	Section 12. This act shall take effect July 1, 2023. 614