This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0185b.APC
DATE: 2/7/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 185 Dependent Children
SPONSOR(S): Children, Families & Seniors Subcommittee, Trabulsy and others
TIED BILLS: IDEN./SIM. BILLS: SC/SB 1224
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF
1) Children, Families & Seniors Subcommittee 13 Y, 4 N, As CS DesRochers Brazzell
2) Appropriations Committee Smith Pridgeon
3) Health & Human Services Committee
SUMMARY ANALYSIS
When a child lives in an unsafe home as a victim of abuse, neglect, or abandonment, state officials temporarily
transfer the rights of physical custody to that child from the primary caregiver(s) to the Florida Department of
Children and Families. This event initiates the dependency court process. Early in the dependency court
process, the presiding judge evaluates whether the allegations of wrongdoing are well-founded and decides
whether guardian ad litem and attorney ad litem appointments are necessary.
The guardian ad litem serves as the child’s fiduciary representative in court to speak for the child’s best
interests. The “guardian ad litem” is typically a multidisciplinary team involving a lay volunteer, a staff attorney,
and a case manager. The court may appoint an attorney ad litem to serve as the child’s independent legal
representative in court to speak for the child’s express wishes.
CS/HB 185 repeals the statutory right of court-appointed, independent legal representation of certain children
and the court’s discretion to appoint attorneys to certain other children in dependency court. Instead, the bill
requires children to meet a competency standard and have a need for court-appointed, independent legal
representation to be appointed such representation. CS/HB 185 gives the Statewide Guardian ad Litem (GAL)
Office responsibility for oversight and technical assistance of attorneys providing independent legal
representation as attorneys ad litem.
The bill makes guardian ad litem appointment to a child mandatory. The bill expands the Statewide GAL
Office’s scope of duties. CS/HB 185 also establishes the Pathway to Prosperity grant program to help youth
transition from foster care to independent adult living and requires increased GAL involvement in, and court
attention to, ensuring a youth aging out of care has a permanent connection to a caring adult.
The bill has a significant, yet indeterminate fiscal impact on state government and no fiscal impact on local
governments. See Fiscal Comments.
The bill provides an effective date of July 1, 2024. STORAGE NAME: h0185b.APC PAGE: 2
DATE: 2/7/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Florida’s Child Welfare System
Chapter 39, F.S., creates the dependency system charged with protecting child welfare. The Florida
Legislature has declared four main purposes of the dependency system:
1
To provide for the care, safety, and protection of children in an environment that fosters healthy
social, emotional, intellectual, and physical development;
To ensure secure and safe custody;
To promote the health and well-being of all children under the state’s care; and
To prevent the occurrence of child abuse, neglect, and abandonment.
Florida’s dependency system identifies children and families in need of services through reports to the
central abuse hotline and child protective investigations. The Department of Children and Families
(DCF) works with those families to address the problems endangering children, if possible. DCF’s
practice model is based on the safety of the child within the home by using in-home services, such as
parenting coaching and counseling, to maintain and strengthen that child’s natural supports in his or
her environment. If the problems are not addressed, the child welfare system finds safe out-of-home
placements for these children.
DCF contracts with community-based care lead agencies (CBCs) for case management, out-of-home
services, and related services. The outsourced provision of child welfare services is intended to
increase local community ownership of service delivery and design. CBCs in turn contract with a
number of subcontractors for case management and direct care services to children and their families.
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.
2
Ultimately,
DCF is responsible for program oversight and the overall performance of the child welfare system.
3
During state fiscal year (SFY) 2022-23, there were a total of 618,916 Florida Abuse Hotline contacts for
potential child abuse and neglect, and 35 percent of those contacts were screened in because they met
criteria to trigger an investigation or assessment.
4
Ultimately, 10 percent of children who were
investigated or assessed were found to be victims of maltreatment.
5
Approximately 59,000 children statewide receive child welfare services. Of those children, roughly 48
percent are in in-home care and 52 percent are in out-of-home care.
6
1
S. 39.001(1)(a), F.S.
2
OPPAGA, report 06-50.
3
Id.
4
Florida Department of Children and Families, Child Welfare Key Indicators Monthly Report October 2023: A Results-Oriented
Accountability Report, Office of Child Welfare, p. 9 (Oct. 2023), https://www.myflfamilies.com/sites/default/files/2023-
11/KI_Monthly_Report_Oct2023.pdf (last visited Feb. 6, 2024).
5
Id.
6
Id. STORAGE NAME: h0185b.APC PAGE: 3
DATE: 2/7/2024
Also for SFY 2022-23, DCF’s permanency report describes Florida’s performance for three cohorts of
children entering care (children in care within 12 months; children in care 12-23 months; and children in
care 24 months of longer).
7
As the below chart illustrates, Florida’s performance for each cohort
generally declined over the past several years, with the children within the 12 months cohort declining
most notably and falling below national standards.
8
Dependency Case Process
7
Florida Department of Children and Families, Results-Oriented Accountability 2023 Annual Performance Report, Office of Quality and
Innovation, p. 26, (Nov. 21, 2023), https://www.myflfamilies.com/sites/default/files/2023-
11/ROA%20Annual%20Pe rformance%20Report%202022-23.pdf (last visited Feb. 6, 2024).
8
Id. STORAGE NAME: h0185b.APC PAGE: 4
DATE: 2/7/2024
When child welfare necessitates that DCF remove a child from the home, a series of dependency court
proceedings must occur to adjudicate the child dependent and place that child in out-of-home care.
Steps in the dependency process may 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.
9
The Dependency Court Process
Dependency
Proceeding
Description of Process Controlling Statute
Removal
A child protective investigation determines the child’s home is unsafe,
and the child is removed.
s. 39.401, F.S.
Shelter Hearing
A shelter hearing occurs within 24 hours after removal. The judge
determines whether to keep the child out-of-home.
s. 39.401, F.S.
Petition for
Dependency
A petition for dependency occurs within 21 days of the shelter hearing.
This petition seeks to find the child dependent.
s. 39.501, F.S.
Arraignment
Hearing and
Shelter Review
An arraignment and shelter review occurs within 28 days of the shelter
hearing. This allows the parent to admit, deny, or consent to the
allegations within the petition for dependency and allows the court to
review any shelter placement.
s. 39.506, F.S.
Adjudicatory
Trial
An adjudicatory trial is held within 30 days of arraignment. The judge
determines whether a child is dependent during trial.
s. 39.507, F.S.
Disposition
Hearing
If the child is found dependent, disposition occurs within 15 days of
arraignment or 30 days of adjudication. The judge reviews the case plan
and placement of the child. The judge orders the case plan for the family
and the appropriate placement of the child.
s. 39.506, F.S.
s. 39.521, F.S.
Postdisposition
hearing
The court may change temporary placement 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 every 6 months, or
upon motion of a party.
s. 39.701, F.S.
Petition for
Termination of
Parental Rights
Once the child has been out-of-home for 12 months, if DCF determines
that reunification is no longer a viable goal, 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
This hearing is set 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
An adjudicatory trial shall be set 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.
The Florida Supreme Court’s Florida Rules of Juvenile Procedure control procedural matters for
ch. 39 dependency proceedings unless otherwise provided by law.
10
9
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. S. 63.022, F.S.
10
s. 39.013(1), F.S.; Fla. R. Juv. P. 8.000. STORAGE NAME: h0185b.APC PAGE: 5
DATE: 2/7/2024
Parties to Dependency Cases
The Florida Constitution requires that the courts “be open to every person for redress of any injury, and
justice shall be administered without sale, denial, or delay.”
11
Generally, persons with an interest in the
outcome of legal action, and who are necessary or proper to a complete resolution of the case, are
parties to the legal action.
12
In ch. 39 court cases, the terms “party” and “parties” include the petitioner, the child who is the subject
of the dependency case, the child’s parent(s), DCF, the guardian ad litem, or the representative of the
guardian ad litem program (when appointed).
13
Any party to a ch. 39 proceeding who is affected by a
court order may appeal to the appropriate appellate court.
14
Multidisciplinary Teams
The use of a multidisciplinary team (MDT) in child welfare settings is a concept that has been an
established practice for over 60 years with hospital-based child protection teams
15
and, more recently,
child advocacy centers.
16
Because of the complex nature of child abuse and neglect investigations and
family assessments and interventions, MDTs are used to enhance and improve child protective
investigations and responses necessary for children and families to recover and succeed. 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.
Using an MDT approach builds upon existing family-centered approaches to care. The use of a
strengths-based, family-centered multidisciplinary process is important in engaging children, youth and
families in the development and implementation of their individual case or treatment plans or other
related services designed to meet their needs.
17
By sharing decision-making and working together, it is
more likely that positive and lasting outcomes will be achieved.
18
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.
19
As a result, a number of states
20
are using a MDT team model, also known as a “Child and
Family Team”. 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.
21
11
Art. I, s. 21, Fla. Const.
12
See Fla. R. Civ. P. 1.210(a).
13
S. 39.01(58), F.S.; Fla. R. Juv. P. 8.210(a).
14
S. 39.510(1), F.S.; S. 39.815(1), F.S.
15
The Kempe Foundation, Child Protection Team Celebrates 60 Years, http://www.kempe.org/child-protection-team-celebrates-60-
years (last visited Feb. 6, 2024).
16
The National Children’s Alliance, History of NCA, https://www.nationalchildrensalliance.org/history-of-
nca/#:~:text=The%20history%20of%20National%20Children's,system%20to%20help%20abused%20children (last visited Feb. 6,
2024).
17
The Kinship Center, The Importance of the Child and Family Team, http://www.kinshipcenter.org/about-kinship-center/news-and-
events/breaking-news/the-importance-of-the-child-and-family-team-cft.html (last visited Feb. 6, 2024).
18
Id.
19
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, https://www.ojp.gov/pdffiles1/Digitization/51625NCJRS.pdf (last visited Feb. 6, 2024).
State of Tennessee Department of Children’s Services, Administrative Policies and Procedures: 31.7,
https://files.dcs.tn.gov/policies/chap31/31.7.pdf (last visited Feb. 6, 2024).
21
California Department of Social Services, About Child and Family Teams, https://www.cdss.ca.gov/inforesources/foster-care/child-
and-family-teams/about (last visited Feb. 6, 2024). STORAGE NAME: h0185b.APC PAGE: 6
DATE: 2/7/2024
Currently, Florida law and 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
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 led to quicker case resolution and preserved family connections more
often.
22
Children served by an MDT had fewer removals after intervention, fewer adjudications of
jurisdiction, and fewer petitions to terminate parental rights.
23
When children were removed from the
home, and an MDT was assigned to the cases, they were more likely to be placed with relatives and
less likely to be placed in foster care.
24
Well-being of Children in Florida’s Child Welfare System
Significant Relationships
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.
25
Studies indicate children who do well despite serious hardship
have had at least one stable and committed relationship with a supportive adult.
26
These relationships
buffer children from developmental disruption and help them develop “resilience,” or the set of skills
needed to respond to adversity and thrive.
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.
27
Florida Child Welfare System Performance Serving Children
The DCF infographic below scores the health of Florida’s child welfare system at the circuit level.
28
DCF identifies areas with the most significant systemic impact on improving permanency and well-
being
29
and evaluates progress toward achieving permanency, safety, and well-being for children in the
welfare system. The overall score for each of the 20 circuits aggregates individual circuit performance
scores on permanency, safety, and well-being. For fiscal year (FY) 2021-22, the overall median score
22
Duquette, et al., Children’s Justice: How to Improve Legal Representation for Children in the Child Welfare System [NACC E-version,
2021], secs. 12.5 and 13.8, available at Children's Justice: How to Improve Legal Representation of Children in the Child Welfare
System (umich.edu) (last visited Feb. 6, 2024).
23
Id.
24
Id.
25
S. 409.1451, F.S.
26
National Scientific Council on the Developing Child (2015). Supportive Relationships and Active Skill-Building Strengthen the
Foundations of Resilience: Working Paper No. 13. https://harvardcenter.wpenginepowered.com/wp-content/uploads/2015/05/The-
Science-of-Resilience2.pdf, (last visited Feb. 6, 2024).
27
Office of Program Policy Analysis and Government Accountability (OPPAGA), Independent Living Services-Presentation to the
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 Feb. 6, 2024).
28
Florida Department of Children and Families, Annual Accountability Report on the Health of Florida’s Child Welfare System: Fiscal
Year 2021-2022, p. 6 (Dec. 12, 2022) https://www.myflfamilies.com/sites/default/files/2022-12/Accountability_System_Report_2022-
revision12DEC22.pdf (last visited Feb. 6, 2024).
29
Id. at p. 3. STORAGE NAME: h0185b.APC PAGE: 7
DATE: 2/7/2024
is 3.1 out of a possible 5, and 85% of circuits earned a 3.0 or higher.
30
A score over 3.50 indicates the
circuit’s performance exceeds established standards.
31
A score between 3.00-3.349 indicates the
circuit’s performance meets established standards.
32
A score of 2.00-2.99 indicated the circuit’s
performance does not meet established standards.
33
In FY 2021-22, DCF gave 17 of 20 circuits a score
of 3.0 or higher, indicating that the circuit’s performance exceeds established standards.
34
30
Id. at p. 2.
31
Id. at p. 7.
32
Id.
33
Id.
34
Id. at pg. 6. STORAGE NAME: h0185b.APC PAGE: 8
DATE: 2/7/2024
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.
35
They have more mental health problems, have
a higher rate of involvement with the criminal justice system, and are more likely to have difficulty
achieving financial independence.
36
These young adults also have a higher need for public assistance
and are more likely to experience housing instability and homelessness.
37
In federal fiscal year 2021, the federal Children’s Bureau within the U.S. Department of Health &
Human Services reported 46,694 teens and young adults entered foster care in the United States,
38
with 2,167 teens and young adults entering Florida’s foster care system.
39
The Children’s Bureau also
collects information and outcomes on youth and young adults currently or formerly in foster care who
received independent living services supported by federal funds.
40
To this end, the Children’s Bureau’s
National Youth in Transition Database (NYTD) representation tracks the independent living services
each state provides to foster youth in care and assesses each state’s performance in providing
independent living and transition services.
DCF will establish its fifth NYTD report (Oct. 2022 – Sept. 2023) that surveys youth in Florida’s foster
care system beginning on their 17
th
birthday.
41
In the interim, the most recent Florida NYTD available on
DCF’s website is the 2018 report.
42
In the chart below, the 2018 Florida NYTD documented outcomes
related to education, employment, housing, finances and transportation, health and well-being, and
connections:
43
35
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, http://dx.doi.org/10.1016/j.childyouth.2017.02.035 (last visited Feb. 6, 2024).
36
Id.
37
Id.
38
Children’s Bureau, The Adoption and Foster Care Analysis and Reporting System (AFCARS) FY 2021 data, U.S. Department of
Health and Human Services, p. 2, June 28, 2022, https://www.acf.hhs.gov/sites/default/files/documents/cb/afcars-report-29.pdf (last
visited Feb. 6, 2024).
39
Children’s Bureau, The Adoption and Foster Care Analysis and Reporting System (AFCARS) FY 2021 data: Florida , U.S.
Department of Health and Human Services, p. 1, June 28, 2022, https://www.acf.hhs.gov/sites/default/files/documents/cb/afcars-tar-fl-
2021.pdf (last visited Feb. 6, 2024).
40
Children’s Bureau, Data and Statistics: National Youth in Transition Database, U.S. Department of Health & Human Services,
https://www.acf.hhs.gov/cb/data-research/data-and-statistics-nytd#FL_26606 (last visited Feb. 6, 2024).
41
Florida Department of Children and Families, Independent Living Services Annual Report, Office of Child Welfare, Feb. 2023, p. 15
https://www.myflfamilies.com/sites/default/files/2023-07/Independent_Living_Services_Report_2022.pdf (last visited Feb. 6, 2024).
42
Florida Department of Children and Families, Annual Reports for Independent Living, Child and Family Services,
https://www.myflfamilies.com/services/child-family/independent-living/annual-reports-for-independent-living (last visited Feb. 6, 2024).
43
Florida Department of Children and Families, Florida National Youth in Transition Database, 2018 Survey Data Report,
https://www.myflfamilies.com/sites/default/files/2023-06/2018%20Florida%20NYTD%20Statewide%20Report%20Final.pdf (last visited
Feb. 6, 2024). STORAGE NAME: h0185b.APC PAGE: 9
DATE: 2/7/2024
Outcomes of Young Adults who Aged Out of Care
Area Outcome
Education
74% were enrolled in and attending high school, GED classes, post-high school
vocational training, or college.
12% experienced barriers that prevented them from continuing education. The top
three reported barriers included the need to work full-time, not having transportation,
and having academic difficulties.
Employment
15% were employed full-time (35 hours per week or more).
26% were employed part-time.
78% had a paid job over the last year.
22% completed an apprenticeship, internship, or other on-the-job training, either paid
or unpaid.
Housing
The top three current living situations included living in their own apartment, house, or
trailer; living with friends or a roommate; and living in a group care setting (including a
group home or residential care facility).
41% had to couch surf or move from house to house because they did not have a
permanent place to stay.
27% experienced some type of homelessness in the past year.
44
Financial &
Transportation
46% received public food assistance.
10% received social security payments (Supplemental Security Income, Social
Security Disability Insurance, or dependents’ payments).
83% had a reliable means of transportation to school/work.
76% had an open bank account.
Health &
Well-Being
85% were on Medicaid.
18% had children.
34% had not received medical care for a physical health problem, treatment for a
mental health problem, or dental care in the past two years for some health problem
needing to be addressed.
24% were confined in a jail, prison, correctional facility, or juvenile detention facility
within the past two years.
Connections
85% had at least one adult in their life, other than their case manager, to go to for
advice or emotional support.
67% had a close relationship with biological family members.
Office of Continuing Care
The Office of Continuing Care at DCF helps individuals who have aged out of the child welfare system,
until age 26. 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:
o 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.
o 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.
o 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.
o Collaborating with CBC’s to identify local resources that can provide support to young adults
served by the office.
o Developing and administering the Step into Success Workforce Education and Internship Pilot
Program for foster youth and former foster youth, as required under s. 409.1455, F.S.
45
44
Id.
45
S. 414.56, F.S. STORAGE NAME: h0185b.APC PAGE: 10
DATE: 2/7/2024
Disability of Non-age and Legal Counsel for Minors
The principal disability of nonage relates to the power of a minor to contract.
46
At common law,
unemancipated children generally lack the legal capacity to enter into binding contractual agreements.
47
A minor’s agreements generally are voidable rather than void.
48
When the minor attains the age of
majority and ratifies a contract made while a minor, the contract will be treated as valid from inception,
and the optional right to disaffirm abandoned.
49
The disability of non-age is expressly recognized in the Florida Constitution and in statute.
50
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.”
51
It follows that unemancipated minors cannot engage legal
counsel on their own unless there is a constitutional right or legislative act allowing such engagement.
52
The U.S. Supreme Court has only found a constitutional right to counsel for minors in delinquency
proceedings.
53
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.
54
However, in addition to those proceedings governed by the In re Gault decision, Florida law authorizes
the appointment of legal counsel for minors in certain other situations:
If the disability of non-age has been removed under ch. 743, F.S.,
55
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.,
When the child’s change of placement from a foster parent is being contested under s.
39.522(3), F.S., or
If the child is within one of the five categories requiring mandatory appointment in dependency
proceedings (discussed further below).
56
In all other circumstances, “an adult person of reasonable judgment and integrity should conduct the
litigation for the minor in judicial proceedings.”
57
46
Fla. Jur. 2d Family Law § 252 (Dec. 2023 Update) (Accessed Westlaw Nov. 30, 2023).
47
Id. at § 495.
48
Lee v. Thompson, 124 Fla. 494, 499 (Fla. 1936).
49
Id.
50
Fla. Const. Art. III, § 11(a)(17); s. 743.01, 07, F.S.
51
Garner v. I. E. Schilling Co., 174 So. 837, 839 (Fla. 1937).
52
Buckner v. Family Services of Central Florida, Inc., 876 So.2d 1285 (Fla. 5
th
DCA 2004).
53
In re Gault, 387 U.S. 1, 41 (1967).
54
Id. at p. 36.
55
A circuit court has jurisdiction to remove the disabilities of nonage of a minor age 16 or older residing in Florida. To do so, the minor’s
natural guardian, legal guardian, or guardian ad litem must file a petition to remove the child’s disability of nonage. S. 743.015, F.S.
56
S. 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.
57
Garner v. I. E. Schilling Co., 174 So. 837, 839 (Fla. 1937). STORAGE NAME: h0185b.APC PAGE: 11
DATE: 2/7/2024
Best Interest Considerations in the Child Welfare System
In Florida, the state government collectively pursues a best interest standard in a ch. 39 dependency
proceeding to determine what course of action is in the child’s best interest.
58
The term “best interests
of a child” generally refers to deliberations undertaken by courts in making decisions about the
services, actions, and orders that will best serve a child and who is best suited to care for that child.
59
The best interest standard contemplates many nuanced factors of each child’s physical, mental,
emotional, and social well-being to determine each child’s best permanency outcome. Possible
permanency outcomes include family reunification, out-of-home foster care, permanent guardianship,
or adoption. The best interest standard prioritizes a safe and sustainable environment for the child’s
upbringing and development. Variables of consideration include sibling connections, school continuity,
extracurricular activities of importance to the child, and consistent access to necessary health care
services. If the child is of a sufficient age and capacity to express a preference, then the child’s
preference will be considered.
60
Representation of Children in the Child Welfare System
The two primary models of child representation in the child welfare system are best interest and
expressed wishes.
There are two types of best interest representation: Attorney or Professional
61
and Lay Volunteer.
62
Expressed wishes or client-directed
63
representation occurs when an attorney is appointed to represent
a child’s expressed wishes.
Due to the variety of models of representation used nationally, differing structures of child welfare
systems among states, designs of studies, and multiplicity of factors impacting the outcomes of children
in the child welfare system, research is inconclusive regarding whether one approach is overall more
beneficial.
64
Florida's child representation system authorizes both types of representation. Current law requires best
interest representation through guardians ad litem (GALs), who are to be appointed at the earliest
possible time in any abuse and neglect proceedings, though not all children in Florida’s dependency
58
See Ss. 39.01375, F.S., 39.820(1), F.S.
59
Office of Program Policy Analysis and Government Accountability (OPPAGA) Research Memorandum, OPPAGA Review of Florida’s
Guardian ad Litem Program (December 2020), https://www-media.floridabar.org/uploads/2021/03/OPPAGA-Guardian-Ad-Litem-
Program.pdf (last visited Feb. 6, 2024).
60
S. 39.01375, F.S.
61
Children in states with this representation model always receive a GAL who is required to be either an attorney or a professional
(e.g., professional GAL or mental health counselor). These states may also allow for the appointment of a client-directed attorney at the
discretion of the judge or in certain circumstances. See,
Office of Program Policy Analysis and Government Accountability (OPPAGA)Research Memorandum, OPPAGA Review of Florida’s
Guardian ad Litem Program, Exhibit 3, (December 2020), OPPAGA Review of Florida's Guardian ad Litem Program (floridabar.org)
(last visited Feb. 6, 2024)..
62
Children in states with this representation model always receive a GAL, who is not required to be an attorney. These states may also
allow for the appointment of a client-directed attorney at the discretion of the judge or in certain circumstances.
63
Office of Program Policy Analysis and Government Accountability (OPPAGA)Research Memorandum, OPPAGA Review of Florida’s
Guardian ad Litem Program (December 2020), https://www-media.floridabar.org/uploads/2021/03/OPPAGA-Guardian-Ad-Litem-
Program.pdf (last visited Feb. 6, 2024).
64
See generally research cited in OPPAGA research memorandum, id., and OPPAGA report 21-07, Literature Review of Studies on
the Effectiveness of Advocacy Models for Children in Dependency, December 2021, https://oppaga.fl.gov/Documents/Reports/21-
07.pdf (last visited Feb. 6, 2024). For example, in at least one state, only attorneys are Guardians ad Litem; in other state systems,
children may be assigned representation because of their more challenged situation, which makes a study design involving
comparisons to children without representation inappropriate. However, OPPAGA reported, “A consistent theme in studies and
documents regardless of the advocacy model deployed is the benefits of having strong advocates with in-depth knowledge of social
and legal systems.” p. ii, Literature Review. STORAGE NAME: h0185b.APC PAGE: 12
DATE: 2/7/2024
system have GALs.
65
As described previously, certain children in Florida’s child welfare system are
required to have attorneys, or may be appointed one at the discretion of the court.
66
Guardians ad Litem
In such actions which involve an allegation of child abuse, abandonment, or neglect as defined in
section 39.01, F.S., which allegation is verified and determined by the court to be well-founded, the
court must appoint a guardian ad litem for the child, unless the court determines representation to be
unnecessary.
67
The guardian ad litem is a party to any judicial proceeding from the date of the
appointment until the date of discharge. The guardian ad litem appointment is for the limited purpose of
a particular child welfare case. While the guardian ad litem generally does not represent the child in any
other legal matters, they are not precluded from choosing to represent the child in other matters. Once
appointed, the guardian ad litem serves as the child’s fiduciary
68
representative in court to speak for the
child’s best interest.
During their appointment, the guardian ad litem must fulfill three primary responsibilities:
69
To investigate the case and file a written report with the court that summarizes the GAL’s
findings, a statement of child’s wishes, and the GAL’s recommendations;
To be present at all court hearings unless excused by the court; and
To represent the interests of the child until the jurisdiction of the court over the child terminates,
or until excused by the court.
Florida law outlines requirements to serve as a GAL.
70
A person appointed as GAL 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.
Florida’s Statewide GAL Office
The Statewide GAL Office manages a network of volunteer advocates and professional staff
representing the best interest of abused, abandoned, and neglected children. The Statewide GAL
Office within the Justice Administrative Commission (JAC) has oversight responsibilities for and
provides technical assistance to all guardian ad litem programs located within the judicial circuits.
71
In Florida, when the court appoints the Statewide GAL Office to represent the best interests of the child,
the Office assigns the child a guardian ad litem multidisciplinary team. With this team, the child
typically receives the services of a lay volunteer, a staff advocate (case manager), and a staff attorney.
This model has evolved over the years from what used to be a volunteer-only approach.
72
The Statewide GAL Office employs more than 180 staff attorneys and relies on more than 200 pro bono
attorneys volunteering their services.
73
In 2021, the GAL served more than 37,000 kids and had more
than 13,000 volunteers.
74
Typically, a GAL volunteer represents 1 or 2 children.
75
65
S. 39.822(1), F.S.
66
S. 39.01305, F.S.
67
S. 39.402(8)(c)1., F.S.
68
Fiduciary representation contemplates a legally cognizable relationship of trust where an intermediary figure advances the interests
of a principal for the primary and direct benefit of the principal’s designated beneficiary.
69
Fla. R. Juv. P. 8.215(c)(1-3).
70
S. 61.402, F.S.
71
S. 39.8296(2)(b), F.S.
72
Supra note 51.
73
Florida Statewide Guardian ad Litem Office, About Us, available at https://guardianadlitem.org/about/ (last visited Feb. 6, 2024).
74
Id.
75
Florida Statewide Guardian Ad Litem Office, Agency Analysis of SB 1920 (2020), p. 4 (Mar. 14, 2021). STORAGE NAME: h0185b.APC PAGE: 13
DATE: 2/7/2024
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
Under Florida law, a court must appoint a GAL at the earliest possible time to represent the child in a
dependency proceeding.
79
The FY 23-24 Long Range Program Plan for the GAL 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.
80
o 85.2% of children in the dependency system each month.
81
1,671 new volunteers were certified, with a total of 9,342 volunteers active each month on
average.
82
Additionally, the Statewide GAL Program reported representing 93.4% of children at the beginning of
FY 2023-24.
83
In some cases, the GAL may discharge from a case when a child’s permanency goal has been
established and the child is in a stable placement.
84
Chapter 39, F.S., defines “guardian ad litem” 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
85
in a
proceeding as provided by law, including ch. 39, F.S., until discharged by the court.
86
The Florida
Supreme Court has recognized that a GAL is appointed to serve as the child’s representative in court to
present what is in the child’s best interest.
87
Chapter 39 provisions describe the role of the guardian ad
litem as either representing the child, or representing the child’s best interest, depending on the specific
section.
GAL Program Leadership
A Governor-appointed executive director helms the Statewide GAL Office.
88
The executive director
must have knowledge of dependency law and social service delivery systems available to meet the
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
S. 39.822(1), F.S.
80
Statewide Guardian ad Litem Office, Long Range Program Plan, Fiscal Years 2023-24 through 2027-28; Sept. 30, 2022, pg. 14
http://floridafiscalportal.state.fl.us/Document.aspx?ID=24413&DocType=PDF (last visited Feb. 6, 2024).
81
Id
82
Id.
83
Justice Administration Commission, Long-Range Program Plan, FY 2024-25, p. 16
http://floridafiscalportal.state.fl.us/Document.aspx?ID=26899&DocType=PDF (last visited Feb. 6, 2024).
84
OPPAGA Memo at p. 15
85
Supra note 51 at 3.
86
S. 39.820(1), F.S.
87
D.H. v. Adept Cmty. Servs., 271 So. 3d 870, 879 (Fla. 2018) (citing C.M. v Dep’t of Children & Family Servs., 854 So.2d 777, 779
(Fla. 4th DCA 2003).
88
S. 39.8296(2)(a), F.S. STORAGE NAME: h0185b.APC PAGE: 14
DATE: 2/7/2024
needs of children who are abused, neglected, or abandoned.
89
As a full-time official appointed to a
three-year term, the director has the following eight duties:
90
Collect, track, and report reliable and consistent case data.
Compare and contrast Florida’s GAL program with other states.
Develop statewide performance measures and standards, with local GAL office input.
Develop head trauma and brain injury recognition and response training for the guardian ad
litem program.
Maximize funding sources and evaluate the services offered in each judicial circuit.
Exercise awareness and innovation to preserve civil and constitutional rights.
Promote normalcy and trust between children and the court-appointed volunteer guardian ad
litem by allowing the court-appointed volunteer guardian ad litem to transport a child.
Submit annual reports to the Governor, Senate President, Speaker of the House of
Representatives, and Chief Justice of the Supreme Court.
Since the executive director reports to the Governor, the Governor may remove him or her for cause.
91
Any person appointed to serve as the executive director may be permitted to serve more than one
term.
92
The Governor appoints an executive director from a shortlist of at least three eligible applicants
submitted by the Guardian Ad Litem Qualifications Committee.
93
This five-person committee solicits
applications for the executive director position by statewide advertisement.
94
The Governor may appoint
an executive director from the shortlist or may reject nominations and request new nominees.
95
GAL Program Appropriations
For FY 2023-24, the Statewide GAL Office received $58.2 million in general revenue funding plus $5.0
million in trust funds (grants and donations).
96
For FY 2022-23, the Statewide GAL Office represented
an average of 24,202 children per month and 35,918 total children for the fiscal year.
97
They certified
1,442 new volunteers and retained an average of 8,857 active volunteers each month.
98
GAL Program Direct Support Organization
Pursuant to authority in s. 39.8298, F.S., the Statewide GAL Office maintains a direct-support
organization (DSO) known as the Florida Guardian ad Litem Foundation.
99
The DSO is a Florida
nonprofit corporation and operates to fundraise, manage a portfolio of investments in securities, funds,
and assets, and spend for the direct or indirect benefit of the Statewide GAL Office.
100
Established by
contract, the DSO must operate consistently with the goals and purposes of the Statewide GAL
Office.
101
The DSO’s board of directors are appointed by, and serve at the pleasure of, the Statewide
GAL Office executive director,
102
who also approves the DSO’s articles of incorporation, bylaws, and
annual budget.
103
If a DSO ceases to exist or if the contract is terminated by the executive director, all
moneys and property held in trust revert to the Statewide GAL Office.
104
89
Id.
90
Id.; S. 39.8296(2)(b), F.S.
91
S. 39.8296(2)(a), F.S.
92
Id.
93
Id.
94
Id.
95
Id.
96
Ch. 2023-239, Laws of Fla., Specific Appropriations 785-793 “Statewide GAL Office.”
97
Florida Justice Administration Commission, Agency Long Range Program Plan for Fiscal Year 2024-2025, Florida Fiscal Portal, p. 15
(Sept. 29, 2023).
98
Id. at 16.
99
S. 39.8298(1), F.S.; see s. 39.8296(2)(b)5.-6., F.S.; Dennis Moore, RE: Report of Guardian ad Litem Direct-Support Organization,
Florida Statewide Guardian ad Litem Office, August 15, 2023, https://guardianadlitem.org/wp-content/uploads/2023/10/DSO-Report-
2023.pdf (last visited Feb. 6, 2024).
100
S. 39.8298(1)(a)-(b), F.S.
101
Ss. 39.8298(1)(c) and 39.8298(2), F.S.
102
S. 39.8298(3), F.S.
103
S. 39.8298(2)(a)-(c), F.S.
104
S. 39.8298(2)(c), F.S. STORAGE NAME: h0185b.APC PAGE: 15
DATE: 2/7/2024
Attorneys ad Litem
An attorney ad litem (AAL) is an attorney appointed to provide legal services to a person such as a
parent, a child, or an incapacitated person. The AAL has an attorney-client relationship with the person
whom the AAL is appointed to represent and owes that person the duties of her undivided loyalty,
confidentiality, and competent representation. The AAL is an advocate for the person whom the AAL is
appointed to represent and will express the person’s wishes to the court or jury. Like other attorneys,
including attorneys employed by the GAL program, AAL’s practice is subject to regulation.
The Practice of Law in Florida
The Florida Constitution vests the Florida Supreme Court with exclusive jurisdiction to regulate the
admission of persons to the practice of law and the discipline of persons admitted.
105
The Court
performs those official functions through two separate arms: the Florida Board of Bar Examiners, which
screens, tests, and certifies candidates for admission to the practice, and The Florida Bar, the
investigative and prosecutorial authority in the lawyer regulatory practice.
106
The Supreme Court exercises inherent supervisory power to prohibit the unauthorized practice of
law.
107
The unauthorized practice of law covers both lawyers not licensed by the Supreme Court and
non-lawyers who lack court authorization to practice law.
108
An example of non-lawyers who obtain
court authorization to practice law is qualified law students authorized to represent clients in legal intern
programs.
109
Ultimately, the purpose of regulating the practice of law to protect the public “from
incompetent, unethical, or irresponsible representation.”
110
Attorneys are officers of the court.
111
To this end, the Supreme Court – through The Florida Bar –
governs the attorney-client relationship by the Florida Rules of Professional Conduct.
112
The client must receive the following services from their attorney:
Client-Directed Representation – the client’s attorney must abide by a client’s decisions
concerning the objectives of representation and to reasonably consult with the client as to the
means by which they are to be pursued.
113
Competent Representation – legal knowledge, skill, thoroughness, and preparation reasonably
necessary for the representation.
114
Confidentiality – the client’s attorney must preserve confidentiality unless the client gives
informed consent or a specifically listed mandatory or discretionary exception applies.
115
Diligent Representation – the client’s attorney must act with reasonable diligence and
promptness. This rule expects the attorney to keep a controlled workload, to prioritize faithful
advocacy, and to carry through to conclusion all matters undertaken for a client.
116
Independence – the client’s attorney cannot permit the person who recommends, employs, or
pays the attorney to render legal services for the client to direct or regulate the lawyer’s
professional judgment in rendering such legal services.
117
105
Art. V, s. 15, Fla. Const.
106
The Florida Bar, “Frequently Asked Questions.” https://www.floridabar.org/about/faq/ (last visited Feb. 6, 2024).
107
The Florida Bar v. Moses, 380 So.2d 412, 417 (Fla. 1989).
108
Id.
109
Id.
110
The Florida Bar v. Moses, 380 So.2d 412, 417 (Fla. 1989).
111
Petition of Florida State Bar Ass’n, 40 So.2d 902, 907 (Fla. 1949).
112
The Florida Supreme Court, “Rules Regulating the Florida Bar: Chapter 4 – Rules of Professional Conduct.” https://www-
media.floridabar.org/uploads/2024/01/2024_07-JAN-Chapter-4-RRTFB-1-8-2023.pdf (last visited Feb. 6, 2024).
113
Id. at Rule 4-1.2(a) Objectives and Scope of Representation – Lawyer to Abide by Client’s Decisions.
114
Id. at Rule 4-1.1 Competence.
115
Id. at Rule 4-1.6 Confidentiality of Information.
116
Id. at Rule 4-1.3 Diligence, Comments.
117
Id. at Rule 4-5.4 Professional Independence of a Lawyer. STORAGE NAME: h0185b.APC PAGE: 16
DATE: 2/7/2024
Prevent or Overcome Conflicts – An attorney presumptively cannot represent a new client if
there is a substantial risk that representing the new client would materially limit the attorney’s
responsibilities to a current client.
118
But, even when a conflict of interest exists, it is possible for
the attorney overcome this presumption. To do so, four criteria must be met:
119
1. The attorney reasonably believes that they can provide competent and diligent
representation to each affected client;
2. The representation is not prohibited by law;
3. The representation does not involve the assertion of a position adverse to another client
when the lawyer represents both clients in the same proceeding before a tribunal; and
4. Each affected client gives informed consent, confirmed in writing or clearly stated on the
record at a hearing.
Additionally, the Supreme Court specifically addresses those attorney-client relationships where the
client is an organization,
120
when the client is not represented by counsel,
121
and when the client suffers
diminished capacity.
122
When a client’s capacity to make adequately considered decisions in
connection with legal representation is diminished because of minority, the attorney must maintain a
normal attorney-client relationship with the client as much as possible.
123
For example, comments to the
Florida Bar rule suggest children as young as five or six years of age are regarded as having opinions
that are entitled to weight in legal proceedings concerning their custody. The comments to the rule also
state that if a legal representative has already been appointed for an incapacitated or minor client, the
lawyer should ordinarily look to any appointed legal representative for decisions on behalf of the client.
124
Appointment of Attorneys in the Child Welfare System
Section 39.01305, F.S., requires the court to appoint attorneys for children subject to ch. 39
proceedings who have one or more statutorily-defined “special needs”. To qualify as a special-needs
child, the child must:
125
Reside in a skilled nursing facility or be considered for placement in a skilled nursing home;
Be prescribed a psychotropic medication but decline assent to the psychotropic medication;
Have a diagnosis of a developmental disability as defined in s. 393.063, F.S.;
Be placed in, or being considered for placement in, a residential treatment center; or
Be a victim of human trafficking.
The Legislature appropriates funds for appointments for dependent children with certain special needs.
The FY 2023-24 GAA appropriated $2.1 million in general revenue for attorney representation for
children with special needs, plus $1.2 million in trust funds.
126
Operationally, the JAC manages these
funds, contracting with appointed attorneys, whose fees are limited to $1,450 per child per year, subject
to appropriations and to review by the JAC for reasonableness.
127
However, s. 39.01305, F.S., requires
the court to ask the Statewide Guardian Ad Litem Office for a recommendation for an attorney willing to
work without additional compensation, or pro bono, prior to the court appointing an attorney on a
compensated basis. The pro bono attorney must be available for services within 15 days after the
court’s request. If, however, the Statewide Guardian Ad Litem Office does not make a recommendation
within 15 days after the court’s request, the court may appoint a compensated attorney.
118
The Florida Supreme Court, “Rules Regulating the Florida Bar: Chapter 4- Rules of Professional Conduct, Rule 4-1.7(a)(2) Conflicts
of Interests. https://www-media.floridabar.org/uploads/2024/01/2024_07-JAN-Chapter-4-RRTFB-1-8-2023.pdf (last visited Feb. 6,
2024).
119
Id. at Rule 4-1.7(b)(1)-(4).
120
Id. at Rule 4-1.13(a) Organization as Client – Representation of Organization.
121
Id. at Rule 4-4.3 Dealing with Unrepresented Persons.
122
Id. at Rule 4-1.14 Client with Diminished Capacity.
123
Id.
124
Id. at Comments.
125
S. 39.01305(3)(a)-(e), F.S.
126
Ch. 2023-239, Laws of Fla., Specific Appropriation 769 “Legal Representation for Dependent Children with Special Needs.”
127
Id. STORAGE NAME: h0185b.APC PAGE: 17
DATE: 2/7/2024
The attorney representing the child under s. 39.01305, F.S., provides the complete range of legal
services from removal from the home or initial appointment through all appellate proceedings. With
court permission, the attorney is authorized to arrange for supplemental or separate counsel to handle
appellate matters.
The court has discretionary authority to appoint attorneys for other dependent children who do not
qualify as having special needs.
128
Effect of the Bill
Attorneys ad Litem Appointment for Children in the Child Welfare System
The bill changes all references to “attorneys” for children in the dependency system to “attorneys ad
litem”, which under the bill are lawyers with an attorney-client relationship with the child. The bill also
makes all attorney ad litem appointments optional, rather than requiring such appointments under
certain circumstances.
The bill creates a competency standard for the court to apply when determining whether a child is
appointed an attorney ad litem. This competency standard limits the court’s ability to appoint an
attorney ad litem. The bill allows the court to appoint an attorney ad litem for a child if:
The court believes the child is in need of 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 removes the current mandatory attorney ad litem appointments, reflecting a shift to a case-by-
case need and competency determination, rather than per se eligibility based on certain events or types
of residency status. The bill removes mandatory attorney ad litem appointments for children:
Residing in a skilled nursing facility or being considered for placement in a skilled nursing
home;
Prescribed a psychotropic medication when they decline assent to the psychotropic
medication;
Diagnosed with a developmental disability as defined in s. 393.063, F.S.;
Placed in a residential treatment center or being considered for placement in a residential
treatment center;
Victims of human trafficking as defined in s. 787.06(2)(d), F.S.;
Subject to a proceeding under s. 39.522(3)(c)4.b., F.S., regarding their removal from a foster
home under certain conditions.
Additionally, the court may appoint attorneys ad litem on a discretionary basis to children in the child
welfare system without “special needs” only if they meet the competency standard in the bill. The
changes to the court’s attorney ad litem appointment power affect any appointments made after June
30, 2024.
The court must discharge an attorney ad litem when the need for attorney ad litem representation is
resolved.
If an attorney ad litem is appointed, the attorney ad litem may represent the child in other judicial
proceedings to secure the services and benefits that provide for the care, safety, and protection of the
child.
The bill requires the Statewide GAL Office to provide oversight and technical assistance to AALs. The
Statewide GAL Office’s responsibilities include, but are not limited to:
128
S. 39.01305(8), F.S.; Fla. R. Juv. P. 8.217(b). STORAGE NAME: h0185b.APC PAGE: 18
DATE: 2/7/2024
Developing an attorney ad litem training program in collaboration with dependency judges,
representatives from legal aid providing attorney ad litem representation, and an attorney ad
litem appointed from a registry maintained by the chief judge.
Offering consultation and technical assistance to chief judges in maintaining attorney registries
for the selection of attorneys ad litem.
Assisting as needed with recruitment and mentoring of AALs.
Guardian ad Litem Role
The bill makes the guardian ad litem appointment mandatory rather than optional for the court. This
means courts will have no discretion regarding appointing a guardian ad litem for a child, and will
increase the number of children in the child welfare system who have a GAL by approximately 7%.
The bill conforms references to a GAL’s role in ch. 39, F.S., to specify that the GAL represents the
child, rather than the child’s best interest. This representation is to use a best interest standard.
The bill authorizes a child’s GAL to represent a child in other judicial proceedings to secure the services
and benefits that provide for the care, safety, and protection of the child. It authorizes the school district
to involve the GAL of a child who has, or is suspected to have, a disability in any transition planning for
that child.
The bill requires multidisciplinary teams led by DCF or a CBC to include the GAL.
Statewide GAL Office
The bill changes references from the “GAL Program” to the “Statewide GAL Office”.
Executive Director
The bill allows the Statewide GAL Office executive director to serve more than one term without
convening the Guardian ad Litem Qualification Committee.
Multidisciplinary Teams (MDT)
The bill requires the Statewide GAL Office to assign an attorney to each case. As available resources
allow, the Statewide GAL Office is to assign a MDT to represent the child. The bill includes mentors,
pro bono attorneys, social workers, and volunteers as part of the MDT.
Training
The bill:
Gives the Statewide GAL Office unilateral authority to regularly update the GAL training
program by eliminating the existing curriculum committee.
Requires GAL to complete specialized training in the dynamics of child sexual abuse when
serving children who have been sexually abused and are subject to proceedings regarding
establishing visitation with the child’s abuser under s. 39.0139, F.S.
Direct Support Organizations
The bill designates the direct support organization (DSO) that the Statewide GAL Office is authorized to
establish under current law as a state DSO, and additionally authorizes the GAL executive director to
create or designate local direct-support organizations. The bill makes the executive director responsible
for the local DSOs, with the local DSO’s board members serving at the pleasure of the executive
director. The bill gives the executive director permission to devote the personal services of employees STORAGE NAME: h0185b.APC PAGE: 19
DATE: 2/7/2024
to the DSOs. For purposes of this bill, personal services means full-time personnel and part-time
personnel, as well as payroll processing.
Transition-Age Youth
Case planning
The bill mandates that any case plan tailored for a transition to independent living must include a
written description of age-appropriate activities for the child’s development of relationships, coping
skills, and emotional well-being.
Mentors for older foster youth
For youths aged 16 and up who are transitioning out of foster care into independent living, the bill
requires the Statewide GAL Office to help those children establish a mentorship with at least one
supportive adult. And if the child cannot identify a supportive adult, the bill compels the Statewide GAL
Office to work with DCF OCC to find at least one supportive adult. The bill requires documented
evidence of a formal agreement in the child’s court file.
Pathway to Prosperity grants
The bill establishes the Pathway to Prosperity program to administer grants to youth and young adults
aging of foster care for:
Financial literacy instruction using a curriculum developed by the Department of Financial
Services.
SAT/ACT preparation, including one-on-one support and fee waivers for the examinations.
Pursuing trade careers or paid apprenticeships.
Even if a youth later reunifies with the youth’s parents, the grants remain available for the youth for up
to six months.
Other Provisions
The bill also makes numerous conforming changes to give effect to the substantive provisions of the
bill.
The bill requests the Division of Law Revision to prepare a reviser’s bill for the 2025 Regular Session to
substitute the term “Statewide Guardian ad Litem Office” for the term “Guardian Ad Litem Program” or
“Statewide Guardian Ad Litem Program” throughout the Florida Statutes.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amending s. 39.001, F.S., relating to purposes and intent; personnel standards and
screening.
Section 2: Amending s. 39.00145, F.S., relating to records concerning children.
Section 3: Amending s. 39.00146, F.S., relating to case record face sheet.
Section 4: Amending s. 39.0016, F.S., relating to education of abused, neglected, and abandoned
children; agency agreements; children having or suspected of having a disability.
Section 5: Amending s. 39.01, F.S., relating to definitions.
Section 6: Amending s. 39.013, F.S., relating to procedures and jurisdiction; right to counsel; guardian
ad litem and attorney ad litem.
Section 7: Amending s. 39.01305, F.S, relating to appointment of an attorney for a dependent child.
Section 8: Creates an unnumbered section of law.
Section 9: Amending s. 39.0132, F.S., relating to oaths, records, and confidential information. STORAGE NAME: h0185b.APC PAGE: 20
DATE: 2/7/2024
Section 10: Amending s. 39.0136, F.S., relating to time limitations; continuances.
Section 11: Amending s. 39.01375, F.S., relating to best interest determination for placement.
Section 12: Amending s. 39.0139, F.S., relating to visitation or other contact; restrictions.
Section 13: Amending s. 39.202, F.S., relating to confidentiality of reports and records in cases of child
abuse or neglect; exception.
Section 14: Amending s. 39.402, F.S., relating to placement in a shelter.
Section 15: Amending s. 39.4022, F.S., relating to multidisciplinary teams; staffings; assessments;
report.
Section 16: Amending s. 39.4023, F.S., relating to placement and education transitions; transition
plans.
Section 17: Amending, s. 39.407, F.S., relating to medical, psychiatric, and psychological examination
and treatment of child; physical, mental, or substance abuse examination of person with or
requesting child custody.
Section 18: Amending s. 39.4085. F.S., relating to goals for dependent children; responsibilities;
education; Office of the Children’s Ombudsman.
Section 19: Amending s. 39.502, F.S., relating to notice, process, and service.
Section 20: Amending s. 39.522, F.S., relating to postdisposition change of custody.
Section 21: Amending s. 39.6012, F.S., relating to case plan tasks; services.
Section 22: Creates s. 39.6036, F.S., relating to supportive adults for children transitioning out of foster
care.
Section 23: Amending s. 39.621, F.S., relating to permanency determination by the court.
Section 24: Amending s. 39.6241, F.S., relating to another planned permanent living arrangement.
Section 25: Amending s. 39.701, F.S., relating to judicial review.
Section 26: Amending s. 39.801, F.S., relating to procedures and jurisdiction; notice; service of
process.
Section 27: Amending s. 39.807, F.S., relating to right to counsel; guardian ad litem.
Section 28: Amending s. 39.808, F.S., relating to advisory hearing; pretrial status conference.
Section 29: Amending s. 39.815, F.S., relating to appeals.
Section 30: Repealing s. 39.820, F.S., relating to definitions.
Section 31: Amending s. 39.821, F.S., relating to qualifications of guardians ad litem.
Section 32: Amending s. 39.822, F.S., relating to appointment of guardian ad litem for abused,
abandoned, or neglected child.
Section 33: Amending s. 39.827, F.S., relating to hearing for appointment of a guardian advocate.
Section 34: Amending s. 39.8296, F.S., relating to Statewide Guardian Ad Litem Office; legislative
findings and intent; creation; appointment of executive director; duties of office.
Section 35: Amending s. 39.8297, F.S., relating to county funding for guardian ad litem employees.
Section 36: Amending s. 39.8298, F.S., relating to guardian ad litem direct-support organizations.
Section 37: Amending s. 414.56, F.S., relating to the Office of Continuing Care of the Department of
Children and Families.
Section 38: Amending s. 1009.898, F.S., relating to Pathway to Prosperity grants.
Section 39: Amending s. 29.008, F.S., relating to county funding of court-related functions.
Section 40: Amending s. 39.6011, F.S., relating to case plan development.
Section 41: Amending s. 40.24, F.S., relating to compensation and reimbursement policy.
Section 42: Amending s. 43.16, F.S., relating to Justice Administrative Commission; membership,
powers, and duties.
Section 43: Amending s. 61.402, F.S., relating to qualifications of guardians ad litem.
Section 44: Amending s. 110.205, F.S., relating to career service; exemptions.
Section 45: Amending s. 320.08058, F.S., relating to specialty license plates.
Section 46: Amending s. 943.053, F.S., relating to dissemination of criminal justice information; fees.
Section 47: Amending s. 985.43, F.S., relating to predisposition reports; other evaluations.
Section 48: Amending s. 985.441, F.S., relating to commitment.
Section 49: Amending s. 985.455, F.S., relating to other dispositional issues.
Section 50: Amending s. 985.461, F.S., relating to transition to adulthood.
Section 51: Amending s. 985.48, F.S., relating to juvenile sexual offender commitment programs;
sexual abuse intervention networks.
Section 52: Amending s. 39.302, F.S., relating to protective investigations of institutional child abuse,
abandonment, or neglect. STORAGE NAME: h0185b.APC PAGE: 21
DATE: 2/7/2024
Section 53: Amending s. 39.521, F.S., relating to disposition of hearings; powers of disposition.
Section 54: Amending s. 61.13, F.S., relating to support of children; parenting and time-sharing;
powers of court.
Section 55: Amending s. 119.071, F.S., relating to general exemptions from inspection or copying of
public records.
Section 56: Amending s. 322.09, F.S., relating to application of minors; responsibility for negligence or
misconduct of minor.
Section 57: Amending s. 394.495, F.S., relating to child and adolescent mental health system of care;
programs and services.
Section 58: Amending s. 627.746, F.S., relating to coverage for minors who have a learner’s driver
license; additional premium prohibited.
Section 59: Amending s. 934.255, F.S., relating to subpoenas in investigations of sexual offenses.
Section 60: Amending s. 960.065, F.S., relating to eligibility for awards.
Section 61: Creating an unnumbered section of law.
Section 62: Creating an unnumbered section of law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Some children currently represented by attorneys ad litem will no longer receive independent legal
representation through an AAL appointment (such as toddlers, or older children with significant
intellectual disabilities). However, other children who have capacity may begin to be assessed by the
court to need attorneys ad litem. Thus, the bill’s impact on employment and wages of attorneys ad litem
and revenues and expenditures of organizations providing attorney ad litem services is indeterminate.
D. FISCAL COMMENTS:
The bill may have a significant, yet indeterminate impact on expenditures of the JAC. Provisions of the
bill relating to the appointment of Attorneys ad Litem for certain dependency proceedings could lead to
increased due process and workload costs. Based on demographics data from DCF as of October 31,
2023, approximately 7,500 children and young adults could be eligible for appointment of an Attorney
ad Litem under provisions in the bill. Based on the current rate of $1,450
129
for attorney fees in a
dependency proceeding, this could equate to a potential impact of approximately $10.9 million.
130
129
Ch. 2023-239, Laws of Fla., Specific Appropriation 769.
130
Justice Administrative Commission, Agency Analysis of 2024 House Bill 185, p. 6 (Dec. 14, 2024). STORAGE NAME: h0185b.APC PAGE: 22
DATE: 2/7/2024
Any impacts on the Statewide Guardian ad Litem program regarding the increase in GAL appointments
and Pathways to Prosperity grant program can be absorbed within existing resources. Additionally, the
Statewide Guardian ad Litem Office anticipates the potential for increased revenues due to eligibility for
federal Title IV-E matching funds upon the approval of the DCF cost allocation plan by the federal
government.
131
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
DCF has sufficient rulemaking authority to implement the provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On December 6, 2023, the Children, Families, and Seniors Subcommittee adopted an amendment and
reported the bill favorably as a committee substitute. The amendment:
creates a conforming change to s. 414.56, F.S., DCF Office of Continuing Care, in accordance
with the bill’s creation of s. 39.6036, F.S., supportive adults for children transitioning out of
foster care.
creates a reciprocal responsibility for the Office of Continuing Care to work with the Statewide
GAL Office to help children aging out of foster care make a lasting connection with a supportive
adult.
131
Supra note 84, at 39.