The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Children, Families, and Elder Affairs
BILL: CS/SB 1384
INTRODUCER: Children, Families, and Elder Affairs Committee and Senator Burton
SUBJECT: Legal Proceedings for Children
DATE: April 4, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Tuzynski Cox CF CS/Fav
2. ACJ
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1384 adjusts the role and operations of the Statewide Guardian ad Litem Office (Office).
The bill specifies the duties and responsibilities of the office, guardians ad litem (GAL), and
attorneys ad litem (AAL). Specifically, the bill, in part:
Allows an AAL to be appointed if the court believes the child needs such representation and
determines the child has a rational and factual understanding of the proceedings and
sufficient present ability to consult with a lawyer with a reasonable degree of rational
understanding and standardizes that throughout the statutes.
Specifies that all children are represented by a GAL and removes the current “special needs”
criteria to be eligible for the appointment of an attorney.
Allows the GAL and AAL to inspect records.
Requires the GAL to receive invitation to a multidisciplinary staffing for a placement change.
Requires the written description of programs and services required in the case plan for a child
who is 13 years of age or older must include age-appropriate activities for the child’s
development of relationships, coping skills, and emotional well-being.
Requires the Statewide GAL Office to provide oversight and technical assistance to AALs;
develop a training program in collaboration with dependency court stakeholders, including,
but not limited to, dependency judges, representatives from legal aid providing AAL
representation, and an AAL appointed from a registry maintained by the chief judge. The
office is required to offer consultation and technical assistance to chief judges in maintaining
attorney registries and assist in recruiting, training, and mentoring of AAL as needed.
Removes language authorizing GALs to transport a child.
REVISED: BILL: CS/SB 1384 Page 2
Creates a mentoring initiative within the Statewide Guardian ad Litem Office to assist youth
in meeting supportive adults with the hope of creating an ongoing relationship; collaboration
with the Department of Children and Families Office of Continuing Care; and requires the
Statewide Guardian ad Litem Office to develop a mobile application to identify and locate
resources for youth transitioning into independent living.
Authorizes the executive director of the Statewide GAL Office to create or designate local
direct support organizations (DSO) in addition to a state DSO and adds local DSOs to all
provisions related to the state DSO.
Creates the Pathway to Prosperity Program in the Department of Education for youth and
young adults aging out of foster care providing financial literacy instruction, SAT and ACT
preparation, including one-on-one support and fee waivers for the examination, and assisting
those persons pursuing trade careers or paid apprenticeships.
The bill likely has a significant fiscal impact on state government. See Section V. Fiscal Impact
Statement.
The bill is effective July 1, 2023.
II. Present Situation:
An estimated 3.9 million referrals of alleged child abuse and neglect were made nationwide in
2021.
1
Of that 3.9 million, approximately 2 million met the requirements for an investigation
2
leading to approximately 588,000 children with a finding of maltreatment.
3
More than 4.28
million children live in Florida, a vast majority of which, fortunately, never come to the attention
of Florida’s child welfare system.
4
In 2021, the Department of Children and Families (DCF)
investigated 256,060 reports of potential child abuse and approximately 11 percent (27,394) of
those investigations resulted in a finding of maltreatment.
5
Congress appropriates federal funds through various grants to the DCF to supplement state
general revenue funds for the implementation of child welfare programs.
6
The DCF uses these
funds to contract with community-care based lead agencies (CBCs) to provide services.
7
Florida’s Child Welfare System - Generally
Chapter 39, F.S., creates Florida’s dependency system that is charged with protecting the welfare
of children; this system is often referred to as the “child welfare system.” The DCF Office of
1
U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau, Report on
Child Maltreatment 2021, p. 8, available at https://www.acf.hhs.gov/sites/default/files/documents/cb/cm2021.pdf (last
viewed March 29, 2023).
2
Id. at 13; referred to as “screened in referrals.”
3
Id. at 21; referred to as “victims from reporting states.”
4
U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau, Child
Population Data for Florida, available at https://cwoutcomes.acf.hhs.gov/cwodatasite/pdf/florida.html (last viewed March
29, 2023).
5
Id.
6
The main federal grant programs that supplement state-level child welfare programs are Titles IV-E and IV-B of the Social
Security Act.
7
Part V of ch. 409, F.S. BILL: CS/SB 1384 Page 3
Child and Family Well-Being works in partnership with local communities and the courts to
ensure the safety, timely permanency, and well-being of children.
Child welfare services are directed toward the prevention of abandonment,
8
abuse,
9
and neglect
10
of children.
11
The DCF practice model is based on the safety of the child within his or her home,
using in-home services such as parenting coaching and counseling to maintain and strengthen
that child’s natural supports in his or her home environment. Such services are coordinated by
the DCF-contracted community-based care lead agencies (CBC).
12
The DCF remains responsible
for a number of child welfare functions, including operating the central abuse hotline,
performing child protective investigations, and providing children’s legal services.
13
Ultimately,
the DCF is responsible for program oversight and the overall performance of the child welfare
system.
14
Department of Children and Families
The DCF’s statutory mission is to work in partnership with local communities to protect the
vulnerable, promote strong and economically self-sufficient families, and advance personal and
family recovery and resiliency.
15
The DCF must develop a strategic plan to fulfill this mission
and establish measurable goals, objectives, performance standards, and quality assurance
requirements to ensure the DCF is accountable to taxpayers.
16
The DCF is required to provide services relating to:
Adult protection.
8
Section 39.01(1), F.S., defined to mean a situation in which the parent or legal custodian of a child or, in the absence of a
parent or legal custodian, the caregiver, while being able, has made no significant contribution to the child’s care and
maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both. For purposes
of this subsection, “establish or maintain a substantial and positive relationship” includes, but is not limited to, frequent and
regular contact with the child through frequent and regular visitation or frequent and regular communication to or with the
child, and the exercise of parental rights and responsibilities. Marginal efforts and incidental or token visits or
communications are not sufficient to establish or maintain a substantial and positive relationship with a child
9
Section 39.01(2), F.S., defined to mean any willful act or threatened act that results in any physical, mental, or sexual abuse,
injury, or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired.
Abuse of a child includes the birth of a new child into a family during the course of an open dependency case when the parent
or caregiver has been determined to lack the protective capacity to safely care for the children in the home and has not
substantially complied with the case plan towards successful reunification or met the conditions for return of the children into
the home. Abuse of a child includes acts or omissions. Corporal discipline of a child by a parent or legal custodian for
disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.
10
See s. 39.01(50), F.S., defined, in part, to mean when a child is deprived of, or is allowed to be deprived of, necessary food,
clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment
causes the child’s physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly
impaired.
11
Section 39.001(8), F.S.
12
Section 409.986(1), F.S.; See generally The Department of Children and Families (The DCF), About Community-Based
Care, available at https://www.myflfamilies.com/services/child-family/child-and-family-well-being/community-based-
care/about-community-based-care (last viewed March 29, 2023).
13
Office of Program Policy Analysis and Government Accountability, Child Welfare System Performance Mixed in First
Year of Statewide Community-Based Care, Report 06-50, June 2006, p. 2, available at
https://oppaga.fl.gov/Documents/Reports/06-50.pdf (last viewed March 29, 2023).
14
Id.
15
Section 20.19(1)(a), F.S.
16
Section 20.19(1)(b), F.S. BILL: CS/SB 1384 Page 4
Child care regulation.
Child welfare.
Domestic violence.
Economic self-sufficiency.
Homelessness.
Mental health.
Refugees.
Substance abuse.
17
The DCF must also deliver services by contract through private providers to the extent allowed
by law and funding.
18
These private providers include CBCs delivering child welfare services
and managing entities (MEs) delivering behavioral health services.
19
Dependency Case Process
When child welfare necessitates that the DCF remove a child from the home to ensure his or her
safety, a series of dependency court proceedings must occur to place that child in an out-of-home
placement, adjudicate the child dependent, and, if necessary, terminate parental rights and free
that child for adoption. Steps in the dependency process usually include:
A report to the Florida Abuse Hotline.
A child protective investigation to determine the safety of the child.
The court finding the child dependent.
Case planning for the parents to address the problems resulting in their child’s dependency.
Placement in out-of-home care, if necessary.
Reunification with the child’s parent or another option to establish permanency, such as
adoption after termination of parental rights.
20
Dependency
Proceeding
Description of Process
Controlling
Statute(s)
Removal
The DCF may remove a child from his or her home after a
protective investigation determines that conditions in that
child’s home are unsafe and a safety plan cannot make the
conditions safe.
s. 39.401, F.S.
Shelter Hearing
The court must hold a shelter hearing within 24 hours after
removal. At this hearing, the judge determines whether there
was probable cause to remove the child and whether to keep
the child out-of-home.
s. 39.401, F.S.
Petition for
Dependency
The DCF must file a petition for dependency within 21 days of
the shelter hearing. This petition seeks to find the child
dependent.
s. 39.501, F.S.
17
Section 20.19(4)(a), F.S.,
18
Section 20.19(1)(c), F.S.
19
Part V of ch. 409, F.S., and s. 394.9082, F.S.
20
The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in
preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children.
Section 63.022, F.S. BILL: CS/SB 1384 Page 5
Dependency
Proceeding
Description of Process
Controlling
Statute(s)
Arraignment
Hearing and
Shelter Review
The court must hold an arraignment and shelter review
within 28 days of the shelter hearing. The hearing allows the
parent to admit, deny, or consent to the allegations within
the petition for dependency and allows the court to review
any previous shelter placement.
s. 39.506, F.S.
Adjudicatory
Trial
The court must hold an adjudicatory trial within 30 days of
arraignment. The judge determines whether a child is
dependent during this trial.
s. 39.507, F.S.
Disposition
Hearing
The court must hold a disposition hearing within 15 days of
arraignment (if the parents admits or consents to
adjudication) or 30 days of adjudication if a court finds the
child dependent. At this hearing, the judge reviews the case
plan and placement of the child and orders the case plan and
the appropriate placement of the child.
s. 39.506, F.S.
s. 39.521, F.S.
Postdisposition
Change of
Custody Hearing
The court may change the temporary out-of-home placement
of a child at a postdisposition hearing any time after
disposition but before the child is residing in the permanent
placement approved at a permanency hearing.
s. 39.522, F.S.
Judicial Review
Hearings
The court must review the case plan and placement at least
every 6 months, or upon motion of a party.
s. 39.701, F.S.
Petition for
Termination of
Parental Rights
If the DCF determines that reunification is no longer a viable
goal and termination of parental rights is in the best interest
of the child, and other requirements are met, a petition for
termination of parental rights is filed.
s. 39.802, F.S.
s. 39.8055, F.S.
s. 39.806, F.S.
s. 39.810, F.S.
Advisory Hearing
The court must hold an advisory hearing as soon as possible
after all parties have been served with the petition for
termination of parental rights. The hearing allows the parent
to admit, deny, or consent to the allegations within the
petition for termination of parental rights.
s. 39.808, F.S.
Adjudicatory
Hearing
The court must hold an adjudicatory trial within 45 days after
the advisory hearing. The judge determines whether to
terminate parental rights to the child at this trial.
s. 39.809, F.S.
Community-Based Care Organizations and Services
The DCF contracts for case management, out-of-home care (foster care), adoption, and other
child welfare related services with the CBCs. This model is designed to increase local
community ownership of service delivery and design of child welfare services.
21
21
The Department of Children and Families, About Community-Based Care, available at
https://www.myflfamilies.com/services/child-family/child-and-family-well-being/community-based-care/about-community-
based-care (last visited March 29, 2023). BILL: CS/SB 1384 Page 6
The DCF, through the CBCs, administers a system of care
22
directed toward:
Prevention of separation of children from their families;
Intervention to allow children to remain safely in their own homes;
Reunification of families who have had children removed from their care;
Safety for children who are separated from their families;
Promoting the well-being of children through emphasis on educational stability and timely
health care;
Permanency; and
Transition to independence and self-sufficiency.
23
The CBCs must give priority to services that are evidence-based and trauma informed.
24
The
CBCs contract with a number of subcontractors for case management and direct care services to
children and their families. There are 17 CBCs statewide, which together serve the state’s 20
judicial circuits.
25
The CBCs employ case managers that serve as the primary link between the
child welfare system and families with children under the DCF’s supervision. These case
managers work with affected families to ensure that a child reaches his or her permanency goal
in a timely fashion.
26
In-Home Services
The DCF is required to make all efforts to keep children with their families and provide
interventions that allow children to remain safely in their own homes.
27
Protective investigators
and CBC case managers can refer families for in-home services to allow children who would
otherwise be unsafe to remain in their own homes. As of September 30, 2022, there were 30,217
children receiving in-home services.
28
Out-of-home Placement
When a child protective investigator determines that in-home services are not enough to ensure
safety, the investigator removes and places the child with a safe and appropriate temporary out-
of-home placement, often referred to as “foster care”.
29
These out-of-home placements provide
housing, support, and services to a child until the conditions in his or her home are safe enough
to return or the child achieves permanency with another family through another permanency
option, like adoption.
30
22
Id.
23
Id.; Also see generally s. 409.988, F.S.
24
Section 409.988(3), F.S.
25
The DCF, Lead Agency Information, available at https://www.myflfamilies.com/services/child-family/child-and-family-
well-being/community-based-care/lead-agency-information (last visited March 29, 2023).
26
Section 409.988(1), F.S.
27
Sections 39.402(7), 39.521(1)(f), and 39.701(d), F.S.
28
The DCF, Child Welfare Key Indicators Monthly Report, January 2023, p. 30, available at
https://www2.myflfamilies.com/service-programs/child-welfare/kids/results-oriented-
accountability/performanceManagement/docs/KI_Monthly_Report_Jan2023.pdf (last viewed March 29, 2023) (hereinafter
cited as “DCF Key Indicators Report”)
29
Sections 39.401 through 39.4022, F.S.
30
The Office of Program Policy and Government Accountability, Program Summary, available at
https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=5053 (last visited March 29, 2023). BILL: CS/SB 1384 Page 7
The CBCs must maintain and license various out-of-home placement types
31
to place children in
the most appropriate available setting after conducting an assessment using child-specific
factors.
32
Legislative intent is to place a child in the least restrictive, most family-like
environment in close proximity to parents when removed from his or her home.
33
The DCF, through the CBCs, places children in a variety of settings. As of January 31, 2023,
there were 21,066 children in out-of-home care with 5,420 with non-licensed relatives; 1,948
with non-licensed non-relative kin; 10,989 in licensed family foster homes (to include Level I
licensed family and kin); and 1,588 in residential group care.
34
Out-of-home Placements as of January 31, 2023
Source: Department of Children and Families, Child Welfare Key Indicators Monthly Report, January 2023, p. 31.
Case planning
For all children and families requiring services in the child welfare system, the DCF must
develop and draft a case plan.
35
The purpose of a case plan is to develop a documented plan that
details the identified concerns and barriers within the family unit, the permanency goal or goals,
and the services designed to ameliorate those concerns and barriers and achieve the permanency
goal.
36
31
Chapter 65C-45, F.A.C.
32
Rule 65C-28.004, F.A.C., provides that the child-specific factors include age, sex, sibling status, physical, educational,
emotional, and developmental needs, maltreatment, community ties, and school placement.
33
Sections 39.001(1) and 39.4021(1), F.S.
34
DCF Key Indicators Report, p. 31.
35
See Part VII of ch. 39, F.S.
36
Section 39.6012(1), F.S.
10,989
5,420
1,948
1,588
209
823
Licensed Care
Relative Placement
Non-Relative Placement
Residential Group Care
Residential Treatment
Other BILL: CS/SB 1384 Page 8
The services detailed in a case plan must be designed in collaboration with the parent and
stakeholders to improve the conditions in the home and aid in maintaining the child in the home,
facilitate the child’s safe return to the home, ensure proper care of the child, or facilitate the
child’s permanent placement.
37
The services offered must be the least intrusive possible into the
life of the parent and child and must provide the most efficient path to quick reunification or
other permanent placement.
38
Multidisciplinary Teams
Because of the complex nature of child abuse and neglect investigations and family assessments
and interventions, multidisciplinary team staffings (MDTs) are used to enhance and improve
child protective investigations and responses necessary for children and families to recover and
succeed.
39
MDT’s are becoming more widely used to involve a variety of individuals, both
professional and non-professional, that interact and coordinate their efforts to plan for children
and families receiving child welfare services.
40
MDTs can help eliminate, or at least reduce, many barriers to effective action, including a lack of
understanding by the members of one profession of the objectives, standards, conceptual bases,
and ethics of the others; lack of effective communication; confusion over roles and
responsibilities; interagency competition; mutual distrust; and institutional relationships that
limit interprofessional contact.
41
As a result, a number of states are using a MDT team model,
also known as a “Child and Family Team”.
42
This model is premised on the notion that children
and families have the capacity to resolve their problems if given sufficient support and resources
to help them do so.
43
Currently, Florida law and the DCF rules provide for the use of MDT’s in a number of
circumstances, such as:
Child Protection Teams under s. 39.303, F.S.;
Child advocacy center multidisciplinary case review teams under s. 39.3035, F.S.;
Initial placement decisions for a child who is placed in out-of-home care, changes in physical
custody after the child is placed in out-of-home care, changes in a child’s educational
37
Id.
38
Id.
39
Child Welfare Information Gateway, Multidisciplinary Teams in Child Abuse & Neglect Investigations, available at
https://www.childwelfare.gov/topics/responding/iia/investigation/multidisciplinary/ (last viewed March 29, 2023).
40
Id.
41
National Center on Child Abuse and Neglect, U.S. Children's Bureau, Administration for Children, Youth and Families,
Office of Human Development Services, U.S. Department of Health, Education, and Welfare, Multidisciplinary Teams In
Child Abuse And Neglect Programs, 1978, p. 8, available at https://www.ojp.gov/pdffiles1/Digitization/51625NCJRS.pdf
(last viewed March 29, 2023).
42
See e.g. Clark County Department of Family Services, Child and Family Team Meetings Nevada Case Planning and
Assessment Policies, available at https://www.childwelfare.gov/pubPDFs/NV_CaseManagementTrainingFacilitator.pdf; State
of Tennessee Department of Children’s Services, Administrative Policies and Procedures: 31.7, available at
https://files.dcs.tn.gov/policies/chap31/31.7.pdf; and Indiana Department of Child Services, Child Welfare Policy, Jan. 1,
2020, available at https://www.in.gov/dcs/files/5.07%20Child%20and%20Family%20Team%20Meetings.pdf (all sites last
viewed March 29, 2023).
43
California Department of Social Services, About Child and Family Teams, available at
https://www.cdss.ca.gov/inforesources/foster-care/child-and-family-teams/about (last visited March 29, 2023). BILL: CS/SB 1384 Page 9
placement, and any other important, complex decisions in the child’s life for which an MDT
would be necessary, under s. 39.4022, F.S.; and
When a child is suspected of being a victim of human trafficking under ss. 39.524 and
409.1754, F.S.
The multidisciplinary team (MDT) approach to representing children is increasingly popular and
widely considered a good practice, dramatically improving case outcomes and a child’s
experience in foster care. Research shows that MDTs lead to quicker case resolution and
preserved family connections more often.
44
Children served by an MDT had fewer removals
after intervention, fewer adjudications of jurisdiction, and fewer petitions to terminate parental
rights.
45
When children were removed from the home, and a MDT was assigned to the cases, the
children were more likely to be placed with relatives and less likely to be placed in foster care.
46
Well-being of Children in Florida’s Child Welfare System
While there are no standardized definitions or measures for well-being, there is general
consensus in the literature and among stakeholders regarding common elements, including
financial security, obtaining education, securing housing, finding and maintaining stable
employment, independence from public assistance, permanent connections and social supports.
47
DCF has also identified areas that have the most significant systemic impact on improving
permanency and well-being
48
and evaluated progress toward achieving permanency, safety, and
well-being for children in the welfare system.
49
In FY 2021-2022, the DCF gave 17 of 20 circuits a score of 3 or higher, indicating that the
circuit’s performance exceeds established standards.
50
A score of 2.00-2.99 indicated the
circuit’s performance does not meet established standards:
51
44
Duquette, et al., Children’s Justice: How to Improve Legal Representation for Children in the Child Welfare System
[University of Michigan Law School Scholarship Repository, 2021], secs. 12.5 and 13.8, available at
https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1109&context=books (last viewed March 29, 2023)
45
Id.
46
Id.
47
The OPPAGA, Presentation on Independent Living Services, Senate Committee on Children, Families, and Elder Affairs,
January 24, 2023, available at
https://oppaga.fl.gov/Documents/Presentations/OPPAGA%20ILS%20Senate%20Presentation_final.pdf (last visited March
31, 2023).
48
The DCF, Annual Accountability Report on the Health of Florida’s Child Welfare System, Fiscal Year 2021-2022, pg. 3,
available at https://www.myflfamilies.com/sites/default/files/2022-12/Accountability_System_Report_2022-
revision12DEC22.pdf (last visited March 11, 2023) (hereinafter cited as “DCF Accountability Report”)
49
Id.
50
Id. at p. 6.
51
Id. at p. 7. BILL: CS/SB 1384 Page 10
The Legislature recognizes the need to focus on creating and preserving family relationships so
that young adults have a permanent, lifelong connection with at least one committed adult who
provides a safe and stable parenting relationship.
52
Science shows that children who do well
despite serious hardship have had at least one stable and committed relationship with a
supportive adult.
53
Transition to Adulthood
Young adults who age out of the foster care system more frequently have challenges achieving
self-sufficiency compared to young adults who never came to the attention of the foster care
system. Young adults who age out of the foster care system are less likely to earn a high school
diploma or GED and more likely to have lower rates of college attendance.
54
They suffer more
from mental health problems, have a higher rate of involvement with the criminal justice system,
and are more likely to have difficulty achieving financial independence.
55
These young adults
also have a higher need for public assistance and are more likely to experience housing
instability and homelessness.
56
52
Section 409.1451, F.S.
53
National Scientific Council on the Developing Child (2015), Supportive Relationships and Active Skill-Building Strengthen
the Foundations of Resilience: Working Paper No. 13, available at https://harvardcenter.wpenginepowered.com/wp-
content/uploads/2015/05/The-Science-of-Resilience2.pdf (last visited March 29, 2023).
54
Gypen, L., Vanderfaeillie, J., et al., “Outcomes of Children Who Grew Up in Foster Care: Systematic-Review”, Children
and Youth Services Review, vol. 76, pp. 74-83, available at http://dx.doi.org/10.1016/j.childyouth.2017.02.035 (last visited
March 29, 2023).
55
Id.
56
Id. BILL: CS/SB 1384 Page 11
Extended Foster Care
In 2013, the Legislature created a path for youth who have not achieved permanency and turned
18 years of age while in licensed care to remain in licensed care and receive case management
services until the date of the young adult’s 21st birthday.
57
This program is commonly referred to
as “extended foster care” or “EFC.” To be eligible for extended foster care (EFC), a young adult
must be:
Completing secondary education or a program leading to an equivalent credential;
Enrolled in an institution that provides postsecondary or vocational education;
Participating in a program or activity designed to promote or eliminate barriers to
employment;
Employed at least 80 hours per month; or
Unable to participate in the above listed activities due to a physical, intellectual, emotional,
or psychiatric condition that limits participation.
58
Independent Living Services
Florida’s Independent Living service array is designed to assist youth and young adults in
obtaining skills and support in six federally identified outcome areas
59
as they transition to
adulthood. Independent Living programs include:
Extended Foster Care (EFC) – a program that allows young adults to remain in foster care
until the age of 21 while they participate in school, work or work training, and live in a
supervised living arrangement;
Postsecondary Education Services and Support- a program that helps pay for housing, and
other expenses related to attending an educational institution; and
Aftercare Services - a temporary needs-based program intended to be a bridge between EFC
and PESS programs that may include mentoring, tutoring, mental health and substance abuse
services, counseling, and financial assistance.
60
Independent Living Services Advisory Council
The DCF formed the Independent Living Services Advisory Council (ILSAC) in 2005 to
improve interagency policy and service coordination to better support older eligible foster youth
in the successful transition to adulthood. The purpose of ILSAC is to review and make
recommendations concerning the implementation of Florida’s EFC program and independent
living services.
61
The DCF’s Secretary appoints members of the ILSAC. The membership of the council must
include, at a minimum, representatives from the DCF’s headquarters and regional offices,
CBC’s, the Department of Juvenile Justice, the Department of Economic Opportunity, the
57
Chapter 2013-178 s. 5, L.O.F., codified as s. 39.6251, F.S.
58
Id.
59
The six federally identified outcome areas are increasing financial self-sufficiency, improving educational attainment,
increasing connections to caring adults, reducing homelessness, reducing high-risk behavior, and improving access to health
insurance.
60
See generally The DCF, Office of Child and Family Well-Being, Legislatively Mandated Reports, Independent Living
Services Annual Report FY 2020-21, January 31, 2022, available at https://www.myflfamilies.com/sites/default/files/2023-
02/Independent_Living_Services_Report_2021.pdf (last visited April 1, 2023).
61
Section 409.1451(7), F.S. BILL: CS/SB 1384 Page 12
Department of Education, the Agency for Health Care Administration, the State Youth Advisory
Board, CareerSource Florida, the Statewide Guardian ad Litem Office, foster parents, recipients
of independent living services, and advocates for children in care.
62
The ILSAC is required to provide an annual report on the implementation of Florida’s
independent living services, efforts to publicize the availability of independent living services,
the success of the services, problems identified, recommendations for the DCF or legislative
action, and the DCF’s implementation of the recommendations contained in the report.
63
The 2020 Annual ILSAC Report provided several recommendations to strengthen the
independent living services in Florida, including the need for a more standardized approach to
reaching young people to educate them on the independent living supports and services
available.
64
Office of Continuing Care
In 2020, the Legislature created the Office of Continuing Care within the DCF to help
individuals who have aged out of the child welfare system.
65
The office provides ongoing
support and care coordination needed for young adults to achieve self-sufficiency. Duties of the
office include, but are not limited to:
Informing young adults who age out of the foster care system of the purpose of the office, the
types of support the office provides, and how to contact the office.
Serving as a direct contact to the young adult in order to provide information on how to
access services to support the young adult’s self-sufficiency, including but not limited to,
food assistance, behavioral health services, housing, Medicaid, and educational services.
Assisting in accessing services and supports for the young adult to attain self-sufficiency,
including, but not limited to, completing documentation required to apply for services.
Collaborating with the CBC’s to identify local resources that can provide support to young
adults served by the office.
66
Guardian ad Litem Program
In 2003, the Legislature created the statewide Guardian ad Litem Office (Office) within the
Justice Administrative Commission.
67
The Office has oversight responsibilities for and provides
technical assistance to all guardian ad litem programs located within the judicial circuits.
68
62
Section 409.1451(7)(c), F.S.
63
Section 409.1454(7)(b), F.S.
64
The DCF, The Independent Living Services Advisory Council 2020 Annual Report, available at
https://www.myflfamilies.com/sites/default/files/2023-02/ILSAC_Annual_Report_2020.pdf (last viewed March 29, 2023).
65
Chapter 2021-169 s. 20, L.O.F.; codified as s. 414.56, F.S.
66
Section 414.56, F.S.
67
Chapter 2003-53 s. 1, L.O.F.; codified as s. 39.8296, F.S.
68
Section 39.8296(2)(b), F.S. BILL: CS/SB 1384 Page 13
The court must appoint a Guardian ad Litem (GAL) to represent a child as soon as possible in
any child abuse, abandonment, or neglect proceeding.
69
Florida law outlines requirements to
serve as a GAL.
70
A person appointed as guardian ad litem must be:
Certified by the GAL Program pursuant to s. 39.821, F.S.;
Certified by a not-for-profit legal aid organization as defined in s. 68.096, F.S.; or
An attorney who is a member in good standing of The Florida Bar.
“Guardian ad litem” for the purposes of ch. 39, F.S., proceedings is defined as the Statewide
Guardian Ad Litem Office, which includes circuit guardian ad litem programs, a duly certified
volunteer, a staff member, a staff attorney, a contract attorney, pro bono attorney working on
behalf of a GAL; court-appointed attorney; or responsible adult who is appointed by the court to
represent the best interest of a child in a proceeding.
71
In cases that involve an allegation of child abuse, abandonment, or neglect as defined in s. 39.01,
F.S., the court must appoint a guardian ad litem at the earliest possible time to represent the
child.
72
The guardian ad litem must be a party to any judicial proceeding from the date of the
appointment until the date of discharge.
73
The Office has more than 180 attorneys on staff and relies on more than 200 pro bono attorneys
volunteering their services.
74
In 2021, the Office served more than 37,000 kids and had more
than 13,000 volunteers.
75
Federal and Florida law provide that a GAL must be appointed to represent the child in every
case.
76
The Child Abuse Prevention and Treatment Act (CAPTA) makes the approval of CAPTA
grants contingent on an eligible state plan, which must include provisions and procedures to
appoint a GAL in every case.
77
The GAL must be appointed to:
Obtain first-hand knowledge of the child’s situation and needs; and
Make recommendations to the court regarding the best interest of the child.
78
The FY 23-24 Long Range Program Plan for the GAL Program details the following statistics
regarding FY 2021-22:
The program represented on average:
o 24,993 children per month, and 36,948 total children during that fiscal year.
79
69
Section 39.822, F.S.
70
Sections 61.402 and 39.821, F.S.
71
Section 39.820(1), F.S.
72
Section 39.822, F.S.
73
Section 39.820(1), F.S.
74
Florida Statewide Guardian ad Litem Office, About Us, available at https://guardianadlitem.org/about/ (last visited on
March 29, 2023).
75
Id.
76
42 U.S.C. 67 §5106a.(b)(2)(xiii); S. 39.822(1), F.S.
77
42 U.S.C. 67 §5106a.(b)(2)(xiii).
78
Id.
79
Statewide Guardian ad Litem Office, Long Range Program Plan, Fiscal Years 2023-24 through 2027-28; Sept. 30, 2022, p.
13, available at http://floridafiscalportal.state.fl.us/Document.aspx?ID=24413&DocType=PDF (last viewed on March 29,
2023). BILL: CS/SB 1384 Page 14
o 85.2% of children in the dependency system each month.
80
1,671 new volunteers were certified, with a total of 9,342 volunteers active each month on
average.
81
Transportation of Children by GAL Volunteers
In 2012, the Legislature, allowed GAL volunteers to transport a child on his or her caseload.
82
This is intended to promote normalcy for the child as well as establish and promote trust between
a court-appointed volunteer and the child.
83
GAL Qualifications Committee
Section 39.8296(2), F.S., creates a Guardian ad Litem Qualification Committee that is composed
of five members
84
to provide for advertisement and the receiving of applications for the position
of the executive director of the Office. Current law provides that an executive director serves a 3-
year term and may be allowed to serve more than one term.
85
GAL Program Direct Support Organization
Section 39.8298, F.S., allows the Office to create a Direct-Support Organization (DSO). The
direct-support organization must conduct programs and activities; raise funds; request and
receive grants, gifts, and bequests of moneys; acquire, receive, hold, invest, and administer, in its
own name, securities, funds, objects of value, or other property, real or personal; and make
expenditures to or for the direct or indirect benefit of the Office.
86
The executive director of the
Office appoints the board of directors.
87
Direct-Support Organizations
DSOs are statutorily created private entities that are generally required to be non-profit
corporations who are authorized to carry out specific tasks in support of public entities or public
causes.
88
The functions, purpose, and scope of a DSO are prescribed by its enacting statute and,
for most, by a written contract with the agency the DSO was created or designated to support. In
2014, the Legislature created s. 20.058, F.S., to establish a comprehensive set of transparency
and reporting requirements for DSOs created or designated pursuant to law.
89
Most local GAL programs currently have affiliations with various non-profit organizations that
support the child welfare system and provide fundraising and monetary support for children and
80
Id.
81
Id. at p. 14.
82
Chapter 2012-123 s. 5, L.O.F.; codified as s. 39.8296(2)(b)7., F.S.
83
Id.
84
Two appointed by the Governor, two appointed by the Chief Justice of the Supreme Court, and one appointed by the
Guardian ad Litem Association.
85
Section 39.8296(2)(a), F.S.
86
Section 39.8298(1)(b) and (3), F.S.
87
Section 39.8298(3), F.S.
88
See generally s. 20.058, F.S.
89
Chapter 201-96, L.O.F. BILL: CS/SB 1384 Page 15
families in local communities. These local non-profits are not currently considered DSOs and are
not regulated under s. 20.058, F.S.
Legal Representation of Children in the Child Welfare System
Child representation in dependency proceedings varies but in most instances is based on what is
in the child’s best interest, direct representation, or a hybrid approach.
90
The table below
provides a summary of the different models and how they operate:
91
Appointment of an Attorney for a Special Needs Child
The Office currently has a role in in the appointment of an attorney for a special needs child. The
court must ask the Office for a recommendation for an attorney willing to work without
additional compensation, prior to the court appointing an attorney on a compensated basis.
92
That
attorney must be available for services within 15 days after the court’s request.
93
If, however, the
Office does not make a recommendation within 15 days after the court’s request, the court may
appoint a compensated attorney.
94
An attorney appointed for a specific purpose is commonly
referred to as attorney ad litem (AAL); however, that term is not defined in statute.
An AAL representing a child provides the complete range of legal services from removal from
the home or initial appointment through all appellate proceedings.
95
With court permission, the
attorney is authorized to arrange for supplemental or separate counsel to handle appellate
90
The Office of Program Policy Analysis and Government Accountability (OPPAGA), OPPAGA Review of Florida’s
Guardian ad Litem Program, Presentation to the Senate Committee on Children, Families, and Elder Affairs, p. 9, January
26, 2021, available at https://oppaga.fl.gov/Documents/Presentations/GAL%20Presentation%201-26-21.pdf (last visited
March 29, 2023).
91
OPPAGA, OPPAGA Review of Florida’s Guardian ad Litem Program, p. 5 and 34, December 2020 (on file with the
Committee on Children, Families, and Elder Affairs).
92
Section 39.01305, F.S.
93
Id.
94
Id.
95
Section 39.01305(4)(b), F.S. BILL: CS/SB 1384 Page 16
matters.
96
The Justice Administrative Commission contracts with appointed attorneys, whose
fees are limited to $1,000 per child per year subject to appropriations and to review by the
Commission for reasonableness.
97
Notwithstanding the specific procedures to appoint an
attorney for a special needs child, the court has the general authority to appoint an attorney for a
dependent child in any proceeding under ch. 39, F.S.
98
III. Effect of Proposed Changes:
The bill amends numerous sections of ch. 39, F.S., governing proceedings relating to children, to
adjust the role and operations of the Statewide Guardian ad Litem office. The bill amends s.
39.822, F.S., to provide that a GAL is a fiduciary that provides independent representation of a
child using a best interest standard of decision-making and advocacy and further outlines the role
of a GAL by:
Relocating the responsibilities of a GAL from s. 39.807, F.S., and other sections of law,
which include to:
o Be present at all court hearings unless excused by the court.
o Investigate issues related to the best interest of the child who is the subject of the
appointment, review all disposition recommendations and changes in placement, and file
written reports and recommendations to the court in accordance with law.
o Represent the child until the court’s jurisdiction over the child terminates or excused by
the court.
o Advocate for the child’s participation in the proceedings and report the child’s wishes to
the court to the extent the child has the ability and desire to express his or her
preferences.
o Perform such other duties as are consistent with the scope of the appointment.
Requiring a GAL to have immediate and unlimited access to the child or children they
represent.
Allowing a GAL to file an acceptance of the appointment instead of being required to post
bond.
Ensuring a GAL is entitled to receive service of pleadings and papers as provided by the
Florida Rules of Juvenile Procedure.
The bill amends s. 39.001(10), F.S., to include the Statewide Guardian ad Litem Office in the
agencies listed to participate in the development of the state plan for the promotion of adoption,
support of adoptive families, and prevention of abuse, abandonment, and neglect of children.
The bill amends s. 39.01, F.S., to relocate the definitions of “guardian ad litem” and “guardian
advocate” from s. 39.820, F.S., and expand and clarify the meaning of “guardian ad litem” to
mean an individual or entity that is a fiduciary appointed by the court to represent a child in any
civil, criminal, or administrative proceeding to which the child is a party, including, but not
limited to, ch. 39, F.S., who uses a best interests standard for decision-making and advocacy. For
purposes of ch. 39, F.S., a guardian ad litem includes, but is not limited to the following:
96
Id.
97
Section 39.01305(5), F.S.
98
Section 39.01305(8), F.S. BILL: CS/SB 1384 Page 17
The Statewide Guardian ad Litem Office, which includes all circuit guardian ad litem offices
and duly certified volunteers, staff, and attorneys assigned by the Statewide Guardian ad
Litem Office to represent children;
A court-appointed attorney; or
A responsible adult who is appointed by the court.
A guardian ad litem is a party to the judicial proceeding as a representative of the child, and
serves until the jurisdiction of the court over the child terminates or until excused by the court.
The bill defines “attorney ad litem” to mean an attorney appointed by the court to represent the
child in a dependency case who has an attorney-client relationship with the child under the rules
regulating the Florida Bar. The bill also changes the definition of “party” to remove “the
representative of the guardian ad litem program when the program has been appointed” to
conform with the new definition of guardian ad litem.
The bill amends s. 39.013, F.S., to require the court to appoint a GAL at the earliest possible time
to represent the child throughout the proceedings, including any appeals. The bill also authorizes
the court to appoint an AAL for a child and amends s. 39.01305, F.S., to remove any of the
enumerated categories in current law that require the appointment of an AAL for cases involving
certain special needs categories. The bill instead broadly provides that an AAL may be appointed
if the court believes that the child needs such representation and determines that the child has a
rational and factual understanding of the proceedings and sufficient present ability to consult
with an attorney with a reasonable degree of rational understanding. The bill also clarifies that an
order appointing an AAL must be in writing and the court must discharge the AAL if the need
for representation is resolved. The bill limits these changes related to AAL appointments to any
appointments made after July 1, 2023. The bill also amends s. 39.522, F.S., to remove the
requirement to appoint the child an AAL during an initial case status hearing for postdisposition
change of custody, which was enacted as part of CS/CS/CS SB 80 (2021).
99
The bill specifies the duties and responsibilities of the Office, guardians ad litem, and attorneys
ad litem. Specifically, the bill:
Amends s. 39.001, F.S., to include that permanency for youth transitioning from foster care
to independent living includes naturally occurring, lifelong, kin-like connections between
youth and supportive adults to the purposes of ch. 39. F.S., when reunification or adoption is
not possible.
Amends s. 39.4085, F.S., to add a provision to the list of goals for dependent children to
include establishing naturally occurring, lifelong, kin-like connections.
Creates s. 39.6036, F.S., to require the Office to work in coordination with the DCF’s OCC
to identify at least one supportive adult with whom the youth can enter into a formal
agreement for an ongoing relationship and document that agreement in the court file.
Amends s. 39.6241, F.S., to require the GAL, when the court has approved another planned
permanent living arrangement as a permanency goal, to provide the court with information
related to the child’s connections with supportive adults, whether there is a formal agreement
between a child and adult, and if such agreement is in existence, requires the GAL to ensure
the agreement is documented in the court file.
99
Chapter 2021-169 s. 10, L.O.F. BILL: CS/SB 1384 Page 18
Amends s. 39.701, F.S., to require the court to determine whether a child has entered into a
formal agreement for an ongoing relationship with a supportive adult in a review hearing for
youth 16 and 17 years of age, if a child decides to remain in foster care upon turning 18.
The bill amends s. 39.6012, F.S., to require a case plan to include written description of
programs and services required in the case plan for a child who is 13 years of age or older to
include age-appropriate activities for the child’s development of relationships, coping skills, and
emotional well-being.
The bill repeals s. 39.820, F.S., as this section only contained the definitions of “guardian ad
litem” and “guardian advocate” and the bill moves those definitions to s. 39.01, F.S.
The bill amends s. 39.8296, F.S., related to the operation of the Statewide Guardian ad Litem
Office to make the following substantive changes:
Provides that the executive director of the Office may serve more than one 3-year term
without the necessity of convening the GAL Qualifications Committee as is required in
current law.
Requires the Office to ensure that all children have an attorney assigned to their case and,
within available resources, be represented using multidisciplinary teams that may include
volunteers, pro bono attorneys, social workers, and mentors. Current law does not require the
Office to ensure assignment of an attorney for all children in the dependency system and only
requires the statewide Office to provide support to the local program offices and determine
the feasibility of new concepts of organization, administration, financing, or service delivery
to preserve the rights and meet the needs of dependent children.
100
Requires the Office to provide oversight and technical assistance to AALs and chief judges;
assist with recruitment of AALs; and develop an AAL training program, to be updated
regularly.
Expands who may transport children within the GAL Program from just volunteers to any
person defined as a guardian ad litem under the expanded definition.
The bill amends s. 39.8298, F.S., to authorize the executive director of the Office to create or
designate local DSOs in addition to the state DSO, and adds all provisions of the state DSO to
local DSOs. The bill also makes the service of board members of a local DSO to be at the
pleasure of the statewide executive director. Current law authorizes the Office to create a
statewide DSO only. This change will centralize the ability to create or designate local non-
profits to serve as DSOs for those local GAL offices allowing the statewide Office to have more
oversight over the local nonprofits that are helping achieve the mission of the GAL.
The bill creates s. 1009.898, F.S., to establish the Pathway to Prosperity Program, administered
by the Department of Education, to award grants to youth and young adults who are aging out of
foster care, and requires the grants to extend for a certain period of time after a recipient is
reunited with his or her parents. The grants are to be used for:
Financial literacy instruction, with curriculum developed by the Department of Financial
Services.
100
See generally s. 39.8296, F.S. (2022) BILL: CS/SB 1384 Page 19
SAT and ACT preparation, including one-on-one support and fee waivers for the
examination.
Youth and young adults planning to pursue trade careers or paid apprenticeships.
The bill makes numerous conforming and cross-reference changes throughout ch. 39, F.S.,
101
and ss. 119.071, 322.09, 394.495, 627.746, 768.28, 934.255, and 960.06, F.S., to implement the
substantive provisions of the bill.
The bill also requests the Division of Law Revision to prepare a reviser’s bill for the 2024
regular session to substitute “Statewide Guardian Ad Litem Office” for the term “Statewide
Guardian ad Litem Office” throughout statute.
The bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
At common law, children cannot legally enter into contractual agreements. The inability
to contract is due to an unemancipated minors’ lack of mental capacity to conduct
business, known as the disability of non-age. The disability of non-age is expressly
recognized in the Florida Constitution and in statute.
102
Due to the disability of non-age,
“an adult person of reasonable judgment and integrity” must conduct any litigation for
the minor in judicial proceedings.”
103
It follows that unemancipated minors cannot
engage legal counsel on their own unless there is a constitutional right or legislative act
101
Sections 39.001, 39.00145, 39.01305, 39.0132, 39.0136, 39.0139, 39.202, 39.302, 39.402, 39.4022, 39.4023, 39.407,
39.4085, 39.521, 39.522, 39.6012, 39.621, 39.6241, 39.701, 39.801, 39.807, 39.808, 39.815, 39.821, 39.822, 39.827,
39.8296, 39.8297, and 39.8298, F.S.
102
Fla. Const. Art. III, §11(a)(17); s. 743.01, 07, F.S.
103
Garner v. I. E. Schilling Co., 174 So. 837, 839 (Fla. 1937). BILL: CS/SB 1384 Page 20
allowing such engagement.
104
The U.S. Supreme Court has only found a constitutional
right to counsel for minors in delinquency proceedings.
105
The Supreme Court held in In re Gault that juveniles need counsel in delinquency
proceedings because such actions may result in a loss of liberty, which is comparable in
seriousness to a felony prosecution for adults.
106
The Florida Legislature has authorized appointment of legal counsel for minors:
If the disability of non-age has been removed under chapter 743, F.S.,
At the discretion of the judge in domestic relations cases, under s. 61.401, F.S.,
At the discretion of the judge in a dependency proceeding, under s. 39.4085, F.S., or
If the child is within one of the five categories requiring mandatory appointment in
dependency proceedings.
107
In all other circumstances, “an adult person of reasonable judgment and integrity should
conduct the litigation for the minor in judicial proceedings.”
108
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Attorneys ad Litem
The bill has an indeterminate, but potentially significant, fiscal impact on state
government due to the cost of appointing attorneys ad litem. It is unknown how many
attorneys ad litem would be assigned pursuant to the bill provisions.
104
Buckner v. Family Services of Central Florida, Inc., 876 So.2d 1285 (Fla. 5
th
DCA 2004).
105
In re Gault, 387 U.S. 1, 41 (1967).
106
Id. at p. 36.
107
Section 39.01305, F.S., requires an attorney to be appointed for a dependent child who:
Resides in a skilled nursing facility or is being considered for placement in a skilled nursing home;
Is prescribed a psychotropic medication but declines assent to the psychotropic medication;
Has a diagnosis of a developmental disability as defined in s. 393.063, F.S.;
Is being placed in a residential treatment center or being considered for placement in a residential treatment center;
or
Is a victim of human trafficking as defined in s. 787.06(2)(d), F.S..
108
Garner v. I. E. Schilling Co., 174 So. 837, 839 (Fla. 1937). BILL: CS/SB 1384 Page 21
Pathways to Prosperity
The fiscal impact of the Pathways to Prosperity grant program is indeterminate, but likely
significant on state government. The Office projects an approximate cost of just over 12
million dollars to implement and operate the program, detailed as follows:
109
Expense Cost per unit Units Total Cost
Trade School Grants $9,000.00 400 $3,600,000.00
Paid Apprenticeship $16,793.40 400 $6,717,360.00
Financial Literacy - 0 -
SAT/ACT Prep $699.00 2000 $1,398,000.00
Governmental
Operations
Consultant III
(Grant Managers
$77,000.00 1 $77,000.00
Program Specialist
II
$50,900.81 2 $101,801.62
Child Advocate $63,700.00 2 $127,400.00
Training Specialist $70,000.00 1 $70,000.00
Total Estimated Expenses $12,091,561.62
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 39.001, 39.00145, 39.00146, 39.0016, 39.01, 39.013,
39.01305, 39.0132, 39.0136, 39.0139, 39.202, 39.302, 39.402, 39.4022, 39.4023, 39.407,
39.4085, 39.521, 39.522, 39.6012, 39.621, 39.6241, 39.701, 39.801, 39.807, 39.808, 39.815,
39.821, 39.822, 39.827, 39.8296, 39.8297, 39.8298, 119.071, 322.09, 394.495, 627.746, 768.28,
934.255, and 960.065 of the Florida Statutes.
This bill creates sections 39.6036 and 1009.898 of the Florida Statutes.
This bill repeals section 39.820 of the Florida Statutes.
109
The Statewide Guardian ad Litem Office, Bill Analysis, SB 1384, p. 9, March 12, 2023 (on file with Committee for
Children, Families, and Elder Affairs). BILL: CS/SB 1384 Page 22
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Children, Families, and Elder Affairs on April 4, 2023:
The Committee Substitute reinserts inadvertently deleted language related to the
transportation of children by GAL volunteers and deletes the word “volunteer” from
“guardian ad litem volunteer” allowing GAL staff, not just volunteers, to transport
children.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.