Florida Senate - 2021 SB 1920 By Senator Book 32-01535B-21 20211920__ Page 1 of 61 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to child welfare; amending s. 39.01, 2 F.S.; defining the term “attorney for the child”; 3 amending s. 39.013, F.S.; conforming provisions to 4 changes made by the act; renaming

part XI of ch. 39, 5 F.S., as “Guardians ad litem, guardian advocates, and 6 attorney for the child”; amending s. 39.820, F.S.; 7 defining the term “related adoption proceeding”; 8 amending s. 39.822, F.S.; conforming provisions to 9 changes made by the act; specifying circumstances 10 under which a court is required, on or after a 11 specified date, to appoint a guardian ad litem; 12 requiring the court to appoint an attorney for the 13 child to represent a child and to discharge the 14 guardian ad litem under specified circumstances; 15 authorizing the court to order that a new guardian ad 16 litem be assigned for a child or discharge a guardian 17 ad litem and appoint an attorney for the child under 18 specified circumstances; amending s. 39.8296, F.S.; 19 renaming the Guardian Ad Litem Qualifications 20 Committee as the Child Well-Being Qualifications 21 Committee; specifying that the executive director of 22 the Statewide Guardian Ad Litem Office may be 23 reappointed; clarifying that second and subsequent 24 appointments made for the executive director of the 25 office are for 3 years; requiring the office to 26 develop guidelines to identify conflicts of interest 27 of guardians ad litem; defining the term “conflicts of 28 interest”; requiring the office to identify guardians 29

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 2 of 61 CODING: Words stricken are deletions; words underlined are additions. ad litem who are experiencing health issues or who 30 present a danger to the child to whom the guardian ad 31 litem is assigned; requiring the office to remove such 32 guardians from assigned cases, terminate their 33 volunteer services, and disclose such actions to the 34 circuit court; creating s. 39.83, F.S.; creating the 35 Statewide Office of Child Representation within the 36 Justice Administration Commission; requiring the 37 commission to provide administrative support and 38 services to the statewide office; providing that the 39 statewide office is not subject to control, 40 supervision, or direction by the commission; providing 41 that employees of the statewide office are governed by 42 the classification plan and salary and benefits plan 43 approved by the commission; providing that the head of 44 the statewide office is the executive director; 45 providing the process for appointment; requiring that 46 the initial executive director be appointed by a 47 specified date; providing responsibilities of the 48 office; authorizing the office to contract with local 49 nonprofit agencies under certain conditions; creating 50 a regional office of child representation within the 51 boundaries of each of the five district courts of 52 appeal; requiring such offices to commence fulfilling 53 their purpose and duties on a specified date; 54 requiring the commission to provide administrative 55 support to the regional offices; providing that the 56 offices are not subject to control, supervision, or 57 direction by the commission; providing that employees 58

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 3 of 61 CODING: Words stricken are deletions; words underlined are additions. of the offices are governed by the classification plan 59 and salary and benefits plan for the commission; 60 prescribing qualifications for an attorney for the 61 child; providing certain prohibitions; creating s. 62 39.831, F.S.; specifying when the court is authorized 63 or required to appoint an attorney for the child; 64 providing conditions under which a parent is required 65 to reimburse the court for the cost of the attorney; 66 providing for appellate representation; requiring 67 agencies, persons, and organizations to allow an 68 attorney for the child to inspect and copy certain 69 records; defining the term “records”; providing 70 requirements for an attorney for the child relating to 71 hearings; requiring the Department of Children and 72 Families to develop procedures to request that a court 73 appoint an attorney for the child; authorizing the 74 department to adopt rules; amending ss. 28.345, 75 39.001, 39.00145, 39.0132, 39.0139, 39.202, 39.302, 76 39.402, 39.407, 39.4085, 39.502, 39.521, 39.523, 77 39.6011, 39.6012, 39.6251, 39.701, 39.702, 39.801, 78 39.802, 39.808, 39.810, 39.811, 39.812, 39.815, 43.16, 79 63.082, 63.085, 322.09, 394.495, 627.746, 934.255, and 80 960.065, F.S.; conforming cross-references and 81 provisions to changes made by the act; providing an 82 effective date. 83 84 Be It Enacted by the Legislature of the State of Florida: 85 86

Section 1. Present subsections (9) through (87) of

section 87

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 4 of 61 CODING: Words stricken are deletions; words underlined are additions. 39.01, Florida Statutes, are redesignated as subsections (10) 88 through (88), respectively, a new subsection (9) is added to 89 that section, and present subsections (10) and (37) are amended, 90 to read: 91 39.01

Definitions.—When used in this chapter, unless the 92 context otherwise requires: 93 (9) “Attorney for the child” means an attorney providing 94 direct representation to the child, which may include the 95 appointment of the Office of Child Representation, an attorney 96 provided by an entity contracted through the Office of Child 97 Representation to provide direct representation, any privately 98 retained counsel or pro bono counsel, or any other attorney who 99 represents the child under this chapter. 100 (11)(10) “Caregiver” means the parent, legal custodian, 101 permanent guardian, adult household member, or other person 102 responsible for a child’s welfare as defined in subsection (55) 103 (54). 104 (38)(37) “Institutional child abuse or neglect” means 105 situations of known or suspected child abuse or neglect in which 106 the person allegedly perpetrating the child abuse or neglect is 107 an employee of a public or private school, public or private day 108 care center, residential home, institution, facility, or agency 109 or any other person at such institution responsible for the 110 child’s welfare as defined in subsection (55) (54). 111

Section 2. Subsection (11) of

section 39.013, Florida 112 Statutes, is amended, and subsection (13) is added to that 113 section, to read: 114 39.013 Procedures and jurisdiction; right to counsel.— 115

(11) The court shall encourage the Statewide Guardian Ad 116

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 5 of 61 CODING: Words stricken are deletions; words underlined are additions. Litem Office or the Statewide Office of Child Representation, as 117 applicable, to provide greater representation to those children 118 who are within 1 year of transferring out of foster care. 119

(13) An attorney for the child shall be appointed pursuant 120 to s. 39.831. 121

Section 3.

Part XI of

chapter 39, Florida Statutes, 122 entitled “GUARDIANS AD LITEM AND GUARDIAN ADVOCATES,” is renamed 123 “GUARDIANS AD LITEM, GUARDIAN ADVOCATES, AND ATTORNEY FOR THE 124 CHILD.” 125

Section 4. Subsection (3) is added to

section 39.820, 126 Florida Statutes, to read: 127 39.820

Definitions.—As used in this chapter, the term: 128 (3) “Related adoption proceeding” means an adoption 129 proceeding under

chapter 63 which arises from dependency 130 proceedings under this chapter. 131

Section

Section 39.822, Florida Statutes, is amended to 132 read: 133 39.822 Appointment of guardian ad litem for abused, 134 abandoned, or neglected child.— 135 (1)(

a) Before July 1, 2022, a guardian ad litem must shall 136 be appointed by the court at the earliest possible time to 137 represent a the child in any child abuse, abandonment, or 138 neglect judicial proceeding, whether civil or criminal. 139 (

b) On or after July 1, 2022, a guardian ad litem must be 140 appointed by the court at the earliest possible time to 141 represent a child under the following circumstances: 142 1. The child is younger than 10 years of age and is the 143 subject of a dependency proceeding under this

chapter or a 144 related adoption proceeding; 145

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 6 of 61 CODING: Words stricken are deletions; words underlined are additions. 2. The child is the subject of a dependency proceeding 146 under this

chapter or a related adoption proceeding and a 147 criminal proceeding; 148 3. The child is the subject of a termination of parental 149 rights proceeding under

part X; or 150 4. The child is a dependent child as described in s. 151 39.01305(3). 152

(2) On or after July 1, 2022, the court shall discharge the 153 guardian ad litem program, if appointed, within 60 days after 154 such child reaches 10 years of age unless: 155 (

a) The child meets a criterion specified in subparagraph 156 (1)(b)2., 3., or 4.; or 157 (

b) The child expresses that he or she wishes to remain 158 with the guardian ad litem and the court determines that the 159 expression is voluntary and knowing and that the child is of an 160 appropriate age and maturity to make such expression. 161

(3) Upon request by a child who is subject to a dependency 162 proceeding under this

chapter or a related adoption proceeding, 163 who is 10 years of age or older, and who has a guardian ad litem 164 assigned, or upon any party presenting evidence that there is 165 reasonable cause to suspect the assigned guardian ad litem has a 166 conflict of interest as defined in s. 39.8296(2)(b)9., the court 167 may: 168 (

a) Order that a new guardian ad litem be assigned; or 169 (

b) Discharge the child’s current guardian ad litem and 170 appoint an attorney for the child. 171

(4) Any person participating in a civil or criminal 172 judicial proceeding resulting from such appointment shall be 173 presumed prima facie to be acting in good faith and in so doing 174

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 7 of 61 CODING: Words stricken are deletions; words underlined are additions. shall be immune from any liability, civil or criminal, that 175 otherwise might be incurred or imposed. 176 (5)

(2) In those cases in which the parents are financially 177 able, the parent or parents of the child shall reimburse the 178 court, in part or in whole, for the cost of provision of 179 guardian ad litem services. Reimbursement to the individual 180 providing guardian ad litem services may shall not be contingent 181 upon successful collection by the court from the parent or 182 parents. 183 (6)

(3) Upon presentation by a guardian ad litem of a court 184 order appointing the guardian ad litem: 185 (

a) An agency, as defined in

chapter 119, shall allow the 186 guardian ad litem to inspect and copy records related to the 187 best interests of the child who is the subject of the 188 appointment, including, but not limited to, records made 189 confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of 190 the State Constitution. The guardian ad litem shall maintain the 191 confidential or exempt status of any records shared by an agency 192 under this paragraph. 193 (

b) A person or organization, other than an agency under 194 paragraph (a), shall allow the guardian ad litem to inspect and 195 copy any records related to the best interests of the child who 196 is the subject of the appointment, including, but not limited 197 to, confidential records. 198 199 For the purposes of this subsection, the term “records related 200 to the best interests of the child” includes, but is not limited 201 to, medical, mental health, substance abuse, child care, 202 education, law enforcement, court, social services, and 203

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 8 of 61 CODING: Words stricken are deletions; words underlined are additions. financial records. 204 (7)

(4) The guardian ad litem or the program representative 205 shall review all disposition recommendations and changes in 206 placements, and must be present at all critical stages of the 207 dependency proceeding or submit a written report of 208 recommendations to the court. Written reports must be filed with 209 the court and served on all parties whose whereabouts are known 210 at least 72 hours before prior to the hearing. 211

Section 6. Subsection (2) of

section 39.8296, Florida 212 Statutes, is amended to read: 213 39.8296 Statewide Guardian Ad Litem Office; legislative 214 findings and intent; creation; appointment of executive 215 director; duties of office.— 216

(2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a 217 Statewide Guardian Ad Litem Office within the Justice 218 Administrative Commission. The Justice Administrative Commission 219 shall provide administrative support and service to the office 220 to the extent requested by the executive director within the 221 available resources of the commission.

The Statewide Guardian Ad 222 Litem Office is not subject to control, supervision, or 223 direction by the Justice Administrative Commission in the 224 performance of its duties, but the employees of the office are 225 governed by the classification plan and salary and benefits plan 226 approved by the Justice Administrative Commission. 227 (

a) The head of the Statewide Guardian Ad Litem Office is 228 the executive director, who shall be appointed by the Governor 229 from a list of a minimum of three eligible applicants submitted 230 by the Child Well-Being a Guardian Ad Litem Qualifications 231 Committee. The Child Well-Being Guardian Ad Litem Qualifications 232

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 9 of 61 CODING: Words stricken are deletions; words underlined are additions. Committee shall be composed of five persons, two persons 233 appointed by the Governor, two persons appointed by the Chief 234 Justice of the Supreme Court, and one person appointed by the 235 Statewide Guardian Ad Litem Association. The committee shall 236 provide for statewide advertisement and the receiving of 237 applications for the position of executive director.

The 238 Governor shall appoint an executive director from among the 239 recommendations, or the Governor may reject the nominations and 240 request the submission of new nominees. The executive director 241 must have knowledge in dependency law and knowledge of social 242 service delivery systems available to meet the needs of children 243 who are abused, neglected, or abandoned.

The executive director 244 shall serve on a full-time basis and shall personally, or 245 through representatives of the office, carry out the purposes 246 and functions of the Statewide Guardian Ad Litem Office in 247 accordance with state and federal law. The executive director 248 shall report to the Governor. The executive director shall serve 249 a 3-year term, subject to removal for cause by the Governor. Any 250 person appointed to serve as the executive director may be 251 reappointed permitted to serve more than one term in accordance 252 with the process provided for in this paragraph.

Every second or 253 subsequent appointment shall be for a term of 3 years. 254 (

b) The Statewide Guardian Ad Litem Office shall, within 255 available resources, have oversight responsibilities for and 256 provide technical assistance to all guardian ad litem and 257 attorney ad litem programs located within the judicial circuits. 258 1. The office shall identify the resources required to 259 implement methods of collecting, reporting, and tracking 260 reliable and consistent case data. 261

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 10 of 61 CODING: Words stricken are deletions; words underlined are additions. 2. The office shall review the current guardian ad litem 262 programs in Florida and other states. 263 3. The office, in consultation with local guardian ad litem 264 offices, shall develop statewide performance measures and 265 standards. 266 4. The office shall develop a guardian ad litem training 267 program, which shall include, but is not limited to, training on 268 the recognition of and responses to head trauma and brain injury 269 in a child under 6 years of age.

The office shall establish a 270 curriculum committee to develop the training program specified 271 in this subparagraph.

The curriculum committee shall include, 272 but not be limited to, dependency judges, directors of circuit 273 guardian ad litem programs, active certified guardians ad litem, 274 a mental health professional who specializes in the treatment of 275 children, a member of a child advocacy group, a representative 276 of a domestic violence advocacy group, an individual with a 277 degree in social work, and a social worker experienced in 278 working with victims and perpetrators of child abuse. 279 5.

The office shall review the various methods of funding 280 guardian ad litem programs, maximize the use of those funding 281 sources to the extent possible, and review the kinds of services 282 being provided by circuit guardian ad litem programs. 283 6. The office shall determine the feasibility or 284 desirability of new concepts of organization, administration, 285 financing, or service delivery designed to preserve the civil 286 and constitutional rights and fulfill other needs of dependent 287 children. 288 7.

In an effort to promote normalcy and establish trust 289 between a court-appointed volunteer guardian ad litem and a 290

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 11 of 61 CODING: Words stricken are deletions; words underlined are additions. child alleged to be abused, abandoned, or neglected under this 291 chapter, a guardian ad litem may transport a child. However, a 292 guardian ad litem volunteer may not be required or directed by 293 the program or a court to transport a child. 294 8.

The office shall submit to the Governor, the President 295 of the Senate, the Speaker of the House of Representatives, and 296 the Chief Justice of the Supreme Court an interim report 297 describing the progress of the office in meeting the goals as 298 described in this section. The office shall submit to the 299 Governor, the President of the Senate, the Speaker of the House 300 of Representatives, and the Chief Justice of the Supreme Court a 301 proposed plan including alternatives for meeting the state’s 302 guardian ad litem and attorney ad litem needs.

This plan may 303 include recommendations for less than the entire state, may 304 include a phase-in system, and shall include estimates of the 305 cost of each of the alternatives. Each year the office shall 306 provide a status report and provide further recommendations to 307 address the need for guardian ad litem services and related 308 issues. 309 9. The office shall develop guidelines to identify any 310 possible conflicts of interest of a guardian ad litem when he or 311 she is being considered for assignment to a child’s case.

For 312 purposes of this subparagraph, the term “conflicts of interest” 313 means the guardian ad litem: 314 a. Has a personal relationship that could influence a 315 recommendation regarding a child whom he or she is serving as a 316 guardian ad litem; 317 b. Is in a position to derive a personal benefit from his 318 or her role as a guardian ad litem; or 319

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 12 of 61 CODING: Words stricken are deletions; words underlined are additions. c. Has a particular factor or circumstance, including 320 personal bias or prejudice against a protected class of the 321 child or the child’s family, that prevents or substantially 322 impairs his or her ability to fairly and fully discharge the 323 duties of the guardian ad litem. 324 (

c) The Statewide Guardian Ad Litem Office shall identify 325 any guardian ad litem who is experiencing an issue with his or 326 her physical or mental health or who appears to present a danger 327 to any child to whom the guardian ad litem is assigned. As soon 328 as possible after identification, the office must remove such 329 guardian ad litem from all assigned cases, terminate his or her 330 volunteer services with the Guardian Ad Litem Program, and 331 disclose such action to the appropriate circuit court. 332

Section

Section 39.83, Florida Statutes, is created to 333 read: 334 39.83 Statewide Office of Child Representation; 335 qualifications, appointment, and duties of executive director 336 and attorney for the child.— 337

(1) STATEWIDE OFFICE OF CHILD REPRESENTATION.— 338 (

a) There is created a Statewide Office of Child 339 Representation within the Justice Administrative Commission. The 340 Justice Administrative Commission shall provide administrative 341 support and services to the statewide office as directed by the 342 executive director within the available resources of the 343 commission. The statewide office is not subject to control, 344 supervision, or direction by the Justice Administrative 345 Commission in the performance of its duties, but the employees 346 of the office are governed by the classification plan and salary 347 and benefits plan approved by the Justice Administrative 348

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 13 of 61 CODING: Words stricken are deletions; words underlined are additions. Commission. 349 (

b) The head of the Statewide Office of Child 350 Representation is the executive director who must be a member of 351 The Florida Bar in good standing for at least 5 years and have 352 knowledge of dependency law and the social service delivery 353 systems available to meet the needs of children who are abused, 354 neglected, or abandoned. The executive director shall be 355 appointed in accordance with the process, and serve in 356 accordance with the terms and requirements, provided in s. 357 39.8296(2)(

a) for the head of the Statewide Guardian Ad Litem 358 Office. The appointment for the initial executive director must 359 be completed by January 1, 2022. 360 (

c) The Statewide Office of Child Representation, within 361 available resources of the Justice Administrative Commission, is 362 responsible for oversight of, and for providing technical 363 assistance to, all offices of child representation in this 364 state. The statewide office: 365 1. Shall identify the resources required to implement 366 methods of collecting, reporting, and tracking reliable and 367 consistent case data; 368 2.

Shall review and collect information relating to current 369 guardian ad litem programs for children 10 years of age and 370 older in this state and other states and information relating to 371 offices of child representation in other states; 372 3. In consultation with the regional offices of child 373 representation established under subsection (2), shall develop 374 statewide performance measures and standards; 375 4. Shall develop a training program for each attorney for 376 the child. To that end, the statewide office shall establish a 377

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 14 of 61 CODING: Words stricken are deletions; words underlined are additions. curriculum committee composed of members including, but not 378 limited to, a dependency judge, directors of circuit guardian ad 379 litem programs, active certified guardians ad litem, a mental 380 health professional who specializes in the treatment of 381 children, a member of a child advocacy group, a representative 382 of a domestic violence advocacy group, an individual with at 383 least a Master of Social Work degree, and a social worker 384 experienced in working with victims and perpetrators of child 385 abuse; 386 5.

Shall develop protocols that must be implemented to 387 assist children who are represented by the Statewide Office of 388 Child Representation, regional offices, or its contracted local 389 agencies in meeting eligibility requirements to receive all 390 available federal funding. This subparagraph may not be 391 construed to mean that the protocols may interfere with zealous 392 and effective representation of the children; 393 6.

Shall review the various methods of funding the regional 394 offices, maximize the use of those funding sources to the extent 395 possible, and review the kinds of services being provided by the 396 regional offices; 397 7. Shall determine the feasibility or desirability of new 398 concepts of organization, administration, financing, or service 399 delivery designed to preserve the civil and constitutional 400 rights of, and fulfill other needs of, dependent children 10 401 years of age and older; 402 8.

Shall submit to the Governor, the President of the 403 Senate, the Speaker of the House of Representatives, and the 404 Chief Justice of the Supreme Court: 405 a. An interim report describing the progress of the 406

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 15 of 61 CODING: Words stricken are deletions; words underlined are additions. statewide office in meeting the responsibilities described in 407 this paragraph. 408 b. A proposed plan that includes alternatives for meeting 409 the representation needs of children in this state. The plan may 410 include recommendations for implementation in only a portion of 411 this state or phased-in statewide implementation and must 412 include an estimate of the cost of each such alternative. 413 c.

An annual status report that includes any additional 414 recommendations for addressing the representation needs of 415 children in this state and related issues. 416 (

d) The department or community-based care lead agency 417 shall take any steps necessary to obtain all available federal 418 funding and maintain compliance with eligibility requirements. 419 (

e) The office may contract with a local nonprofit agency 420 to provide direct attorney representation to a child if the 421 office determines that the contract is the most efficient method 422 to satisfy its statutory duties and if federal funding has been 423 approved for this purpose. The office must ensure that 424 reimbursement of any Title IV-E funds is properly documented. 425

(2) REGIONAL OFFICES OF CHILD REPRESENTATION.— 426 (

a) An office of child representation is created within the 427 area served by each of the five district courts of appeal. The 428 offices shall commence fulfilling their statutory purpose and 429 duties on July 1, 2022. 430 (

b) Each office of child representation is assigned to the 431 Justice Administrative Commission for administrative purposes. 432 The commission shall provide administrative support and service 433 to the offices within the available resources of the commission. 434 The offices are not subject to control, supervision, or 435

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 16 of 61 CODING: Words stricken are deletions; words underlined are additions. direction by the commission in the performance of their duties, 436 but the employees of the offices are governed by the 437 classification plan and the salary and benefits plan for the 438 commission. 439

(3) CHILD REPRESENTATION COUNSEL; DUTIES.—The attorney for 440 the child shall serve on a full-time basis and may not engage in 441 the private practice of law while holding office. Each assistant 442 attorney for the child shall give priority and preference to his 443 or her duties as assistant child representation counsel and may 444 not otherwise engage in the practice of dependency law. However, 445 a part-time assistant attorney for the child may practice 446 dependency law for private payment so long as the representation 447 does not result in a legal or ethical conflict of interest with 448 a case in which the office of child representation is providing 449 representation. 450

Section

Section 39.831, Florida Statutes, is created to 451 read: 452 39.831 Attorney for the child.— 453

(1) APPOINTMENT.— 454 (

a) Attorney for the child: 455 1. Shall be appointed by the court as provided in s. 456 39.01305(3); 457 2. Shall be appointed by the court for any child who 458 reaches 10 years of age or older on or after July 1, 2022, and 459 who is the subject of a dependency proceeding under this

chapter 460 or a related adoption proceeding; or 461 3. May be appointed at the court’s discretion upon a 462 finding that circumstances exist which require the appointment. 463 (

b) The court shall appoint the Statewide Office of Child 464

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 17 of 61 CODING: Words stricken are deletions; words underlined are additions. Representation unless the child is otherwise represented by 465 counsel. 466 (

c) In cases in which one or both parents are financially 467 able, the parent or parents, as applicable, of the child shall 468 reimburse the court, in whole or in part, for the cost of 469 services provided under this section; however, reimbursement for 470 services provided by the attorney for the child may not be 471 contingent upon successful collection by the court of 472 reimbursement from the parent or parents. 473 (

d) Once an attorney for the child is appointed, the 474 appointment continues in effect until the attorney for the child 475 is allowed to withdraw or is discharged by the court or until 476 the case is dismissed. An attorney for the child who is 477 appointed under this

section to represent a child shall provide 478 all required legal services from the time of the child’s removal 479 from home or of the attorney for the child’s initial appointment 480 through all appellate proceedings. With the permission of the 481 court, the appointed attorney for the child may arrange for 482 supplemental or separate counsel to represent the child in 483 appellate proceedings. A court order appointing an attorney for 484 the child under this

section must be in writing. 485

(2) ACCESS TO RECORDS.—Upon presentation by an attorney for 486 the child of a court order appointing the Statewide Office of 487 Child Representation: 488 (

a) An agency as defined in

chapter 119 must allow the 489 attorney for the child to inspect and copy records related to 490 the child who is the subject of the appointment, including, but 491 not limited to, records made confidential or exempt from s. 492 119.07(1) or s. 24(a), Art. I of the State Constitution. The 493

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 18 of 61 CODING: Words stricken are deletions; words underlined are additions. attorney for the child shall maintain the confidential or exempt 494 status of any records shared by an agency under this paragraph. 495 (

b) A person or an organization, other than an agency under 496 paragraph (a), must allow the attorney for the child to inspect 497 and copy any records related to the child who is the subject of 498 the appointment, including, but not limited to, confidential 499 records. 500 501 For the purposes of this subsection, the term “records” 502 includes, but is not limited to, medical, mental health, 503 substance abuse, child care, education, law enforcement, court, 504 social services, and financial records. 505

(3) COURT HEARINGS.—The attorney for the child shall review 506 all disposition recommendations and changes in placements and 507 file all appropriate motions on behalf of the child at least 72 508 hours before the hearing. 509

(4) PROCEDURES.—The department shall develop procedures to 510 request that a court appoint an attorney for the child. 511

(5) RULEMAKING.—The department may adopt rules to implement 512 this section. 513

Section 9. Subsection (1) of

section 28.345, Florida 514 Statutes, is amended to read: 515 28.345 State access to records; exemption from court-516 related fees and charges.— 517

(1) Notwithstanding any other provision of law, the clerk 518 of the circuit court shall, upon request, provide access to 519 public records without charge to the state attorney, public 520 defender, guardian ad litem, public guardian, attorney ad litem, 521 criminal conflict and civil regional counsel, court-appointed 522

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 19 of 61 CODING: Words stricken are deletions; words underlined are additions. attorney for the child, and private court-appointed counsel paid 523 by the state, and to authorized staff acting on their behalf. 524 The clerk of court may provide the requested public record in an 525 electronic format in lieu of a paper format if the requesting 526 entity is capable of accessing such public record 527 electronically. 528

Section 10. Paragraph (

j) of subsection (3) and paragraph 529 (

a) of subsection (10) of

section 39.001, Florida Statutes, are 530 amended to read: 531 39.001 Purposes and intent; personnel standards and 532 screening.— 533

(3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of 534 the Legislature that the children of this state be provided with 535 the following protections: 536 (

j) The ability to contact their guardian ad litem or 537 attorney for the child attorney ad litem, if appointed, by 538 having that individual’s name entered on all orders of the 539 court. 540

(10) PLAN FOR COMPREHENSIVE APPROACH.— 541 (

a) The office shall develop a state plan for the promotion 542 of adoption, support of adoptive families, and prevention of 543 abuse, abandonment, and neglect of children. The Department of 544 Children and Families, the Department of Corrections, the 545 Department of Education, the Department of Health, the 546 Department of Juvenile Justice, the Department of Law 547 Enforcement, and the Agency for Persons with Disabilities shall 548 participate and fully cooperate in the development of the state 549 plan at both the state and local levels. Furthermore, 550 appropriate local agencies and organizations shall be provided 551

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 20 of 61 CODING: Words stricken are deletions; words underlined are additions. an opportunity to participate in the development of the state 552 plan at the local level.

Appropriate local groups and 553 organizations shall include, but not be limited to, community 554 mental health centers; guardian ad litem programs for children 555 under the circuit court; child representation counsel regional 556 offices; the school boards of the local school districts; the 557 Florida local advocacy councils; community-based care lead 558 agencies; private or public organizations or programs with 559 recognized expertise in working with child abuse prevention 560 programs for children and families; private or public 561 organizations or programs with recognized expertise in working 562 with children who are sexually abused, physically abused, 563 emotionally abused, abandoned, or neglected and with expertise 564 in working with the families of such children; private or public 565 programs or organizations with expertise in maternal and infant 566 health care; multidisciplinary Child Protection Teams; child day 567 care centers; law enforcement agencies; and the circuit courts, 568 when guardian ad litem programs and attorney for the child are 569 not available in the local area.

The state plan to be provided 570 to the Legislature and the Governor shall include, as a minimum, 571 the information required of the various groups in paragraph (b). 572

Section 11. Subsections (2) and (4) of 39.00145, Florida 573 Statutes, are amended to read: 574 39.00145 Records concerning children.— 575

(2) Notwithstanding any other provision of this chapter, 576 all records in a child’s case record must be made available for 577 inspection, upon request, to the child who is the subject of the 578 case record and to the child’s caregiver, guardian ad litem, or 579 attorney for the child attorney. 580

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 21 of 61 CODING: Words stricken are deletions; words underlined are additions. (

a) A complete and accurate copy of any record in a child’s 581 case record must be provided, upon request and at no cost, to 582 the child who is the subject of the case record and to the 583 child’s caregiver, guardian ad litem, or attorney. 584 (

b) The department shall release the information in a 585 manner and setting that are appropriate to the age and maturity 586 of the child and the nature of the information being released, 587 which may include the release of information in a therapeutic 588 setting, if appropriate. This paragraph does not deny the child 589 access to his or her records. 590 (

c) If a child or the child’s caregiver, guardian ad litem, 591 or attorney for the child attorney requests access to the 592 child’s case record, any person or entity that fails to provide 593 any record in the case record under assertion of a claim of 594 exemption from the public records requirements of

chapter 119, 595 or fails to provide access within a reasonable time, is subject 596 to sanctions and penalties under s. 119.10. 597 (

d) For the purposes of this subsection, the term 598 “caregiver” is limited to parents, legal custodians, permanent 599 guardians, or foster parents; employees of a residential home, 600 institution, facility, or agency at which the child resides; and 601 other individuals legally responsible for a child’s welfare in a 602 residential setting. 603

(4) Notwithstanding any other provision of law, all state 604 and local agencies and programs that provide services to 605 children or that are responsible for a child’s safety, including 606 the Department of Juvenile Justice, the Department of Health, 607 the Agency for Health Care Administration, the Agency for 608 Persons with Disabilities, the Department of Education, the 609

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 22 of 61 CODING: Words stricken are deletions; words underlined are additions. Department of Revenue, the school districts, the Statewide 610 Guardian Ad Litem Office, the Statewide Office of Child 611 Representation, and any provider contracting with such agencies, 612 may share with each other confidential records or information 613 that are confidential or exempt from disclosure under

chapter 614 119 if the records or information are reasonably necessary to 615 ensure access to appropriate services for the child, including 616 child support enforcement services, or for the safety of the 617 child. However: 618 (

a) Records or information made confidential by federal law 619 may not be shared. 620 (

b) This subsection does not apply to information 621 concerning clients and records of certified domestic violence 622 centers, which are confidential under s. 39.908 and privileged 623 under s. 90.5036. 624

Section 12. Subsections (3) and (4) of

section 39.0132, 625 Florida Statutes, are amended to read: 626 39.0132 Oaths, records, and confidential information.— 627

(3) The clerk shall keep all court records required by this 628

chapter separate from other records of the circuit court. All 629 court records required by this

chapter shall not be open to 630 inspection by the public. All records shall be inspected only 631 upon order of the court by persons deemed by the court to have a 632 proper interest therein, except that, subject to the provisions 633 of s. 63.162, a child, and the parents of the child and their 634 attorneys, guardian ad litem, attorney for the child, law 635 enforcement agencies, and the department and its designees shall 636 always have the right to inspect and copy any official record 637 pertaining to the child. The Justice Administrative Commission 638

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 23 of 61 CODING: Words stricken are deletions; words underlined are additions. may inspect court dockets required by this

chapter as necessary 639 to audit compensation of court-appointed attorneys. If the 640 docket is insufficient for purposes of the audit, the commission 641 may petition the court for additional documentation as necessary 642 and appropriate. The court may permit authorized representatives 643 of recognized organizations compiling statistics for proper 644 purposes to inspect and make abstracts from official records, 645 under whatever conditions upon their use and disposition the 646 court may deem proper, and may punish by contempt proceedings 647 any violation of those conditions. 648 (4)(a)1. All information obtained pursuant to this

part in 649 the discharge of official duty by any judge, employee of the 650 court, authorized agent of the department, correctional 651 probation officer, or law enforcement agent is confidential and 652 exempt from s. 119.07(1) and may not be disclosed to anyone 653 other than the authorized personnel of the court, the department 654 and its designees, correctional probation officers, law 655 enforcement agents, guardian ad litem, attorney for the child, 656 and others entitled under this

chapter to receive that 657 information, except upon order of the court. 658 2.a. The following information held by a guardian ad litem 659 or attorney for the child is confidential and exempt from s. 660 119.07(1) and s. 24(a), Art. I of the State Constitution: 661 (

I) Medical, mental health, substance abuse, child care, 662 education, law enforcement, court, social services, and 663 financial records. 664 (II) Any other information maintained by a guardian ad 665 litem or attorney for the child which is identified as 666 confidential information under this chapter. 667

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 24 of 61 CODING: Words stricken are deletions; words underlined are additions. b. Such confidential and exempt information may not be 668 disclosed to anyone other than the authorized personnel of the 669 court, the department and its designees, correctional probation 670 officers, law enforcement agents, guardians ad litem, and others 671 entitled under this

chapter to receive that information, except 672 upon order of the court. 673 (

b) The department shall disclose to the school 674 superintendent the presence of any child in the care and custody 675 or under the jurisdiction or supervision of the department who 676 has a known history of criminal sexual behavior with other 677 juveniles; is an alleged juvenile sex offender, as defined in s. 678 39.01; or has pled guilty or nolo contendere to, or has been 679 found to have committed, a violation of

chapter 794,

chapter 680 796,

chapter 800, s. 827.071, or s. 847.0133, regardless of 681 adjudication. Any employee of a district school board who 682 knowingly and willfully discloses such information to an 683 unauthorized person commits a misdemeanor of the second degree, 684 punishable as provided in s. 775.082 or s. 775.083. 685

Section 13. Paragraphs (

a) and (

b) of subsection (4) of 686

section 39.0139, Florida Statutes, are amended to read: 687 39.0139 Visitation or other contact; restrictions.— 688

(4) HEARINGS.—A person who meets any of the criteria set 689 forth in paragraph (3)(

a) who seeks to begin or resume contact 690 with the child victim shall have the right to an evidentiary 691 hearing to determine whether contact is appropriate. 692 (

a) Before Prior to the hearing, the court shall appoint an 693 attorney for the child an attorney ad litem or a guardian ad 694 litem, as appropriate, for the child if one has not already been 695 appointed. Any attorney for the child attorney ad litem or 696

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 25 of 61 CODING: Words stricken are deletions; words underlined are additions. guardian ad litem appointed shall have special training in the 697 dynamics of child sexual abuse. 698 (

b) At the hearing, the court may receive and rely upon any 699 relevant and material evidence submitted to the extent of its 700 probative value, including written and oral reports or 701 recommendations from the Child Protection Team, the child’s 702 therapist, and the child’s guardian ad litem, or the child’s 703 attorney ad litem, even if these reports, recommendations, and 704 evidence may not be admissible under the rules of evidence. 705

Section 14. Paragraphs (

k) and (

t) of subsection (2) of 706

section 39.202, Florida Statutes, are amended to read: 707 39.202 Confidentiality of reports and records in cases of 708 child abuse or neglect.— 709

(2) Except as provided in subsection (4), access to such 710 records, excluding the name of, or other identifying information 711 with respect to, the reporter which shall be released only as 712 provided in subsection (5), shall be granted only to the 713 following persons, officials, and agencies: 714 (

k) Any appropriate official of a Florida advocacy council 715 investigating a report of known or suspected child abuse, 716 abandonment, or neglect; the Auditor General or the Office of 717 Program Policy Analysis and Government Accountability for the 718 purpose of conducting audits or examinations pursuant to law; or 719 the child’s guardian ad litem or attorney for the child for the 720 child. 721 (

t) Persons with whom the department is seeking to place 722 the child or to whom placement has been granted, including 723 foster parents for whom an approved home study has been 724 conducted, the designee of a licensed child-caring agency as 725

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 26 of 61 CODING: Words stricken are deletions; words underlined are additions. defined in s. 39.01(42) s. 39.01(41), an approved relative or 726 nonrelative with whom a child is placed pursuant to s. 39.402, 727 preadoptive parents for whom a favorable preliminary adoptive 728 home study has been conducted, adoptive parents, or an adoption 729 entity acting on behalf of preadoptive or adoptive parents. 730

Section 15. Subsection (1) of

section 39.302, Florida 731 Statutes, is amended to read: 732 39.302 Protective investigations of institutional child 733 abuse, abandonment, or neglect.— 734

(1) The department shall conduct a child protective 735 investigation of each report of institutional child abuse, 736 abandonment, or neglect. Upon receipt of a report that alleges 737 that an employee or agent of the department, or any other entity 738 or person covered by s. 39.01(38) or (55) s. 39.01(37) or (54), 739 acting in an official capacity, has committed

an act of child 740 abuse, abandonment, or neglect, the department shall initiate a 741 child protective investigation within the timeframe established 742 under s. 39.201(5) and notify the appropriate state attorney, 743 law enforcement agency, and licensing agency, which shall 744 immediately conduct a joint investigation, unless independent 745 investigations are more feasible.

When conducting investigations 746 or having face-to-face interviews with the child, investigation 747 visits shall be unannounced unless it is determined by the 748 department or its agent that unannounced visits threaten the 749 safety of the child. If a facility is exempt from licensing, the 750 department shall inform the owner or operator of the facility of 751 the report. Each agency conducting a joint investigation is 752 entitled to full access to the information gathered by the 753 department in the course of the investigation. A protective 754

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 27 of 61 CODING: Words stricken are deletions; words underlined are additions. investigation must include an interview with the child’s parent 755 or legal guardian. The department shall make a full written 756 report to the state attorney within 3 working days after making 757 the oral report. A criminal investigation shall be coordinated, 758 whenever possible, with the child protective investigation of 759 the department.

Any interested person who has information 760 regarding the offenses described in this subsection may forward 761 a statement to the state attorney as to whether prosecution is 762 warranted and appropriate. Within 15 days after the completion 763 of the investigation, the state attorney shall report the 764 findings to the department and shall include in the report a 765 determination of whether or not prosecution is justified and 766 appropriate in view of the circumstances of the specific case. 767

Section 16. Paragraph (

c) of subsection (8) and paragraph 768 (

a) of subsection (14) of

section 39.402, Florida Statutes, are 769 amended to read: 770 39.402 Placement in a shelter.— 771 (8) 772 (

c) At the shelter hearing, the court shall: 773 1. Appoint a guardian ad litem to represent the best 774 interest of the child or an attorney for the child to provide 775 direct representation as provided in

part XI, unless the court 776 finds that such representation is unnecessary; 777 2. Inform the parents or legal custodians of their right to 778 counsel to represent them at the shelter hearing and at each 779 subsequent hearing or proceeding, and the right of the parents 780 to appointed counsel, pursuant to the procedures set forth in s. 781 39.013; 782 3. Give the parents or legal custodians an opportunity to 783

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 28 of 61 CODING: Words stricken are deletions; words underlined are additions. be heard and to present evidence; and 784 4. Inquire of those present at the shelter hearing as to 785 the identity and location of the legal father. In determining 786 who the legal father of the child may be, the court shall 787 inquire under oath of those present at the shelter hearing 788 whether they have any of the following information: 789 a.

Whether the mother of the child was married at the 790 probable time of conception of the child or at the time of birth 791 of the child. 792 b. Whether the mother was cohabiting with a male at the 793 probable time of conception of the child. 794 c. Whether the mother has received payments or promises of 795 support with respect to the child or because of her pregnancy 796 from a man who claims to be the father. 797 d. Whether the mother has named any man as the father on 798 the birth certificate of the child or in connection with 799 applying for or receiving public assistance. 800 e.

Whether any man has acknowledged or claimed paternity of 801 the child in a jurisdiction in which the mother resided at the 802 time of or since conception of the child or in which the child 803 has resided or resides. 804 f. Whether a man is named on the birth certificate of the 805 child pursuant to s. 382.013(2). 806 g. Whether a man has been determined by a court order to be 807 the father of the child. 808 h. Whether a man has been determined to be the father of 809 the child by the Department of Revenue as provided in s. 810 409.256. 811

(14) The time limitations in this

section do not include: 812

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 29 of 61 CODING: Words stricken are deletions; words underlined are additions. (

a) Periods of delay resulting from a continuance granted 813 at the request or with the consent of the attorney for the child 814 or the child’s counsel or the child’s guardian ad litem, if one 815 has been appointed by the court, or, if the child is of 816 sufficient capacity to express reasonable consent, at the 817 request or with the consent of the attorney for the child 818 child’s attorney or the child’s guardian ad litem, if one has 819 been appointed by the court, and the child. 820

Section 17. Paragraphs (

e) and (

f) of subsection (3) and 821 subsection (6) of

section 39.407, Florida Statutes, are amended 822 to read: 823 39.407 Medical, psychiatric, and psychological examination 824 and treatment of child; physical, mental, or substance abuse 825 examination of person with or requesting child custody.— 826 (3) 827 (e)1. If the child’s prescribing physician or psychiatric 828 nurse, as defined in s. 394.455, certifies in the signed medical 829 report required in paragraph (

c) that delay in providing a 830 prescribed psychotropic medication would more likely than not 831 cause significant harm to the child, the medication may be 832 provided in advance of the issuance of a court order. In such 833 event, the medical report must provide the specific reasons why 834 the child may experience significant harm and the nature and the 835 extent of the potential harm.

The department must submit a 836 motion seeking continuation of the medication and the 837 physician’s or psychiatric nurse’s medical report to the court, 838 the child’s guardian ad litem or attorney for the child, and all 839 other parties within 3 working days after the department 840 commences providing the medication to the child. The department 841

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 30 of 61 CODING: Words stricken are deletions; words underlined are additions. shall seek the order at the next regularly scheduled court 842 hearing required under this chapter, or within 30 days after the 843 date of the prescription, whichever occurs sooner. If any party 844 objects to the department’s motion, the court shall hold a 845 hearing within 7 days. 846 2. Psychotropic medications may be administered in advance 847 of a court order in hospitals, crisis stabilization units, and 848 in statewide inpatient psychiatric programs.

Within 3 working 849 days after the medication is begun, the department must seek 850 court authorization as described in paragraph (c). 851 (f)1. The department shall fully inform the court of the 852 child’s medical and behavioral status as part of the social 853 services report prepared for each judicial review hearing held 854 for a child for whom psychotropic medication has been prescribed 855 or provided under this subsection.

As a part of the information 856 provided to the court, the department shall furnish copies of 857 all pertinent medical records concerning the child which have 858 been generated since the previous hearing. On its own motion or 859 on good cause shown by any party, including any guardian ad 860 litem, or attorney for the child attorney, or attorney ad litem 861 who has been appointed to represent the child or the child’s 862 interests, the court may review the status more frequently than 863 required in this subsection. 864 2.

The court may, in the best interests of the child, order 865 the department to obtain a medical opinion addressing whether 866 the continued use of the medication under the circumstances is 867 safe and medically appropriate. 868

(6) Children who are in the legal custody of the department 869 may be placed by the department, without prior approval of the 870

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 31 of 61 CODING: Words stricken are deletions; words underlined are additions. court, in a residential treatment center licensed under s. 871 394.875 or a hospital licensed under

chapter 395 for residential 872 mental health treatment only pursuant to this

section or may be 873 placed by the court in accordance with an order of involuntary 874 examination or involuntary placement entered pursuant to s. 875 394.463 or s. 394.467. All children placed in a residential 876 treatment program under this subsection must be appointed have a 877 guardian ad litem and an attorney for the child appointed. 878 (

a) As used in this subsection, the term: 879 1. “Residential treatment” means placement for observation, 880 diagnosis, or treatment of an emotional disturbance in a 881 residential treatment center licensed under s. 394.875 or a 882 hospital licensed under

chapter 395. 883 2. “Least restrictive alternative” means the treatment and 884 conditions of treatment that, separately and in combination, are 885 no more intrusive or restrictive of freedom than reasonably 886 necessary to achieve a substantial therapeutic benefit or to 887 protect the child or adolescent or others from physical injury. 888 3. “Suitable for residential treatment” or “suitability” 889 means a determination concerning a child or adolescent with an 890 emotional disturbance as defined in s. 394.492(5) or a serious 891 emotional disturbance as defined in s. 394.492(6) that each of 892 the following criteria is met: 893 a.

The child requires residential treatment. 894 b. The child is in need of a residential treatment program 895 and is expected to benefit from mental health treatment. 896 c. An appropriate, less restrictive alternative to 897 residential treatment is unavailable. 898 (

b) Whenever the department believes that a child in its 899

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 32 of 61 CODING: Words stricken are deletions; words underlined are additions. legal custody is emotionally disturbed and may need residential 900 treatment, an examination and suitability assessment must be 901 conducted by a qualified evaluator who is appointed by the 902 Agency for Health Care Administration. This suitability 903 assessment must be completed before the placement of the child 904 in a residential treatment center for emotionally disturbed 905 children and adolescents or a hospital.

The qualified evaluator 906 must be a psychiatrist or a psychologist licensed in Florida who 907 has at least 3 years of experience in the diagnosis and 908 treatment of serious emotional disturbances in children and 909 adolescents and who has no actual or perceived conflict of 910 interest with any inpatient facility or residential treatment 911 center or program. 912 (

c) Before a child is admitted under this subsection, the 913 child shall be assessed for suitability for residential 914 treatment by a qualified evaluator who has conducted a personal 915 examination and assessment of the child and has made written 916 findings that: 917 1. The child appears to have an emotional disturbance 918 serious enough to require residential treatment and is 919 reasonably likely to benefit from the treatment. 920 2. The child has been provided with a clinically 921 appropriate explanation of the nature and purpose of the 922 treatment. 923 3.

All available modalities of treatment less restrictive 924 than residential treatment have been considered, and a less 925 restrictive alternative that would offer comparable benefits to 926 the child is unavailable. 927 928

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 33 of 61 CODING: Words stricken are deletions; words underlined are additions. A copy of the written findings of the evaluation and suitability 929 assessment must be provided to the department, to the guardian 930 ad litem and attorney for the child, and, if the child is a 931 member of a Medicaid managed care plan, to the plan that is 932 financially responsible for the child’s care in residential 933 treatment, all of whom must be provided with the opportunity to 934 discuss the findings with the evaluator. 935 (

d) Immediately upon placing a child in a residential 936 treatment program under this section, the department must notify 937 the guardian ad litem, the attorney for the child, and the court 938 having jurisdiction over the child and must provide the guardian 939 ad litem, the attorney for the child, and the court with a copy 940 of the assessment by the qualified evaluator. 941 (

e) Within 10 days after the admission of a child to a 942 residential treatment program, the director of the residential 943 treatment program or the director’s designee must ensure that an 944 individualized plan of treatment has been prepared by the 945 program and has been explained to the child, to the department, 946 and to the guardian ad litem, and to the attorney for the child, 947 and submitted to the department.

The child must be involved in 948 the preparation of the plan to the maximum feasible extent 949 consistent with his or her ability to understand and 950 participate, and the guardian ad litem, the attorney for the 951 child, and the child’s foster parents must be involved to the 952 maximum extent consistent with the child’s treatment needs. The 953 plan must include a preliminary plan for residential treatment 954 and aftercare upon completion of residential treatment.

The plan 955 must include specific behavioral and emotional goals against 956 which the success of the residential treatment may be measured. 957

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 34 of 61 CODING: Words stricken are deletions; words underlined are additions. A copy of the plan must be provided to the child, to the 958 guardian ad litem, to the attorney for the child, and to the 959 department. 960 (

f) Within 30 days after admission, the residential 961 treatment program must review the appropriateness and 962 suitability of the child’s placement in the program. The 963 residential treatment program must determine whether the child 964 is receiving benefit toward the treatment goals and whether the 965 child could be treated in a less restrictive treatment program. 966 The residential treatment program shall prepare a written report 967 of its findings and submit the report to the guardian ad litem, 968 to the attorney for the child, and to the department.

The 969 department must submit the report to the court. The report must 970 include a discharge plan for the child. The residential 971 treatment program must continue to evaluate the child’s 972 treatment progress every 30 days thereafter and must include its 973 findings in a written report submitted to the department. The 974 department may not reimburse a facility until the facility has 975 submitted every written report that is due. 976 (g)1.

The department must submit, at the beginning of each 977 month, to the court having jurisdiction over the child, a 978 written report regarding the child’s progress toward achieving 979 the goals specified in the individualized plan of treatment. 980 2. The court must conduct a hearing to review the status of 981 the child’s residential treatment plan no later than 60 days 982 after the child’s admission to the residential treatment 983 program.

An independent review of the child’s progress toward 984 achieving the goals and objectives of the treatment plan must be 985 completed by a qualified evaluator and submitted to the court 986

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 35 of 61 CODING: Words stricken are deletions; words underlined are additions. before its 60-day review. 987 3. For any child in residential treatment at the time a 988 judicial review is held pursuant to s. 39.701, the child’s 989 continued placement in residential treatment must be a subject 990 of the judicial review. 991 4. If at any time the court determines that the child is 992 not suitable for continued residential treatment, the court 993 shall order the department to place the child in the least 994 restrictive setting that is best suited to meet his or her 995 needs. 996 (

h) After the initial 60-day review, the court must conduct 997 a review of the child’s residential treatment plan every 90 998 days. 999 (

i) The department must adopt rules for implementing 1000 timeframes for the completion of suitability assessments by 1001 qualified evaluators and a procedure that includes timeframes 1002 for completing the 60-day independent review by the qualified 1003 evaluators of the child’s progress toward achieving the goals 1004 and objectives of the treatment plan which review must be 1005 submitted to the court. The Agency for Health Care 1006 Administration must adopt rules for the registration of 1007 qualified evaluators, the procedure for selecting the evaluators 1008 to conduct the reviews required under this section, and a 1009 reasonable, cost-efficient fee

schedule for qualified 1010 evaluators. 1011

Section 18. Subsections (20) and (21) of

section 39.4085, 1012 Florida Statutes, are amended to read: 1013 39.4085 Legislative findings and declaration of intent for 1014 goals for dependent children.—The Legislature finds and declares 1015

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 36 of 61 CODING: Words stricken are deletions; words underlined are additions. that the design and delivery of child welfare services should be 1016 directed by the principle that the health and safety of children 1017 should be of paramount concern and, therefore, establishes the 1018 following goals for children in shelter or foster care: 1019

(20) To have a guardian ad litem appointed to represent, 1020 within reason, their best interests; and, as appropriate, have 1021 an attorney for the child and, where appropriate, an attorney ad 1022 litem appointed to represent their legal interests.; The 1023 guardian ad litem and attorney for the child attorney ad litem 1024 shall have immediate and unlimited access to the children they 1025 represent. 1026

(21) To have all their records available for review by 1027 their guardian ad litem or attorney for the child, as 1028 applicable, and attorney ad litem if they deem such review 1029 necessary. 1030 1031 The provisions of this

section establish goals and not rights. 1032 Nothing in this

section shall be interpreted as requiring the 1033 delivery of any particular service or level of service in excess 1034 of existing appropriations. No person shall have a cause of 1035 action against the state or any of its subdivisions, agencies, 1036 contractors, subcontractors, or agents, based upon the adoption 1037 of or failure to provide adequate funding for the achievement of 1038 these goals by the Legislature. Nothing herein shall require the 1039 expenditure of funds to meet the goals established herein except 1040 funds specifically appropriated for such purpose. 1041

Section 19. Subsections (8), (12), (13), (14), and (17) of 1042

section 39.502, Florida Statutes, are amended to read: 1043 39.502 Notice, process, and service.— 1044

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 37 of 61 CODING: Words stricken are deletions; words underlined are additions.

(8) It is not necessary to the validity of a proceeding 1045 covered by this part that the parents be present if their 1046 identity or residence is unknown after a diligent search has 1047 been made, but in this event the petitioner shall file an 1048 affidavit of diligent search prepared by the person who made the 1049 search and inquiry, and the court may appoint a guardian ad 1050 litem for the child or an attorney for the child, as 1051 appropriate. 1052

(12) All process and orders issued by the court shall be 1053 served or executed as other process and orders of the circuit 1054 court and, in addition, may be served or executed by authorized 1055 agents of the department or the guardian ad litem or attorney 1056 for the child, as applicable. 1057

(13) Subpoenas may be served within the state by any person 1058 over 18 years of age who is not a party to the proceeding and, 1059 in addition, may be served by authorized agents of the 1060 department or the guardian ad litem or attorney for the child, 1061 as applicable. 1062

(14) No fee shall be paid for service of any process or 1063 other papers by an agent of the department or the guardian ad 1064 litem or attorney for the child, as applicable. If any process, 1065 orders, or any other papers are served or executed by any 1066 sheriff, the sheriff’s fees shall be paid by the county. 1067

(17) The parent or legal custodian of the child, the 1068 attorney for the department, the guardian ad litem or attorney 1069 for the child, as applicable, the foster or preadoptive parents, 1070 and all other parties and participants shall be given reasonable 1071 notice of all proceedings and hearings provided for under this 1072 part. All foster or preadoptive parents must be provided with at 1073

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 38 of 61 CODING: Words stricken are deletions; words underlined are additions. least 72 hours’ notice, verbally or in writing, of all 1074 proceedings or hearings relating to children in their care or 1075 children they are seeking to adopt to ensure the ability to 1076 provide input to the court. 1077

Section 20. Paragraphs (

c) and (

e) of subsection (1) of 1078

section 39.521, Florida Statutes, are amended to read: 1079 39.521 Disposition hearings; powers of disposition.— 1080

(1) A disposition hearing shall be conducted by the court, 1081 if the court finds that the facts alleged in the petition for 1082 dependency were proven in the adjudicatory hearing, or if the 1083 parents or legal custodians have consented to the finding of 1084 dependency or admitted the allegations in the petition, have 1085 failed to appear for the arraignment hearing after proper 1086 notice, or have not been located despite a diligent search 1087 having been conducted. 1088 (

c) When any child is adjudicated by a court to be 1089 dependent, the court having jurisdiction of the child has the 1090 power by order to: 1091 1. Require the parent and, when appropriate, the legal 1092 guardian or the child to participate in treatment and services 1093 identified as necessary. The court may require the person who 1094 has custody or who is requesting custody of the child to submit 1095 to a mental health or substance abuse disorder assessment or 1096 evaluation.

The order may be made only upon good cause shown and 1097 pursuant to notice and procedural requirements provided under 1098 the Florida Rules of Juvenile Procedure. The mental health 1099 assessment or evaluation must be administered by a qualified 1100 professional as defined in s. 39.01, and the substance abuse 1101 assessment or evaluation must be administered by a qualified 1102

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 39 of 61 CODING: Words stricken are deletions; words underlined are additions. professional as defined in s. 397.311. The court may also 1103 require such person to participate in and comply with treatment 1104 and services identified as necessary, including, when 1105 appropriate and available, participation in and compliance with 1106 a mental health court program established under

chapter 394 or a 1107 treatment-based drug court program established under s. 397.334. 1108 Adjudication of a child as dependent based upon evidence of harm 1109 as defined in s. 39.01(36)(

g) s. 39.01(35)(

g) demonstrates good 1110 cause, and the court shall require the parent whose actions 1111 caused the harm to submit to a substance abuse disorder 1112 assessment or evaluation and to participate and comply with 1113 treatment and services identified in the assessment or 1114 evaluation as being necessary. In addition to supervision by the 1115 department, the court, including the mental health court program 1116 or the treatment-based drug court program, may oversee the 1117 progress and compliance with treatment by a person who has 1118 custody or is requesting custody of the child.

The court may 1119 impose appropriate available sanctions for noncompliance upon a 1120 person who has custody or is requesting custody of the child or 1121 make a finding of noncompliance for consideration in determining 1122 whether an alternative placement of the child is in the child’s 1123 best interests. Any order entered under this subparagraph may be 1124 made only upon good cause shown.

This subparagraph does not 1125 authorize placement of a child with a person seeking custody of 1126 the child, other than the child’s parent or legal custodian, who 1127 requires mental health or substance abuse disorder treatment. 1128 2. Require, if the court deems necessary, the parties to 1129 participate in dependency mediation. 1130 3. Require placement of the child either under the 1131

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 40 of 61 CODING: Words stricken are deletions; words underlined are additions. protective supervision of an authorized agent of the department 1132 in the home of one or both of the child’s parents or in the home 1133 of a relative of the child or another adult approved by the 1134 court, or in the custody of the department. Protective 1135 supervision continues until the court terminates it or until the 1136 child reaches the age of 18, whichever date is first.

Protective 1137 supervision shall be terminated by the court whenever the court 1138 determines that permanency has been achieved for the child, 1139 whether with a parent, another relative, or a legal custodian, 1140 and that protective supervision is no longer needed. The 1141 termination of supervision may be with or without retaining 1142 jurisdiction, at the court’s discretion, and shall in either 1143 case be considered a permanency option for the child.

The order 1144 terminating supervision by the department must set forth the 1145 powers of the custodian of the child and include the powers 1146 ordinarily granted to a guardian of the person of a minor unless 1147 otherwise specified. Upon the court’s termination of supervision 1148 by the department, further judicial reviews are not required if 1149 permanency has been established for the child. 1150 4. Determine whether the child has a strong attachment to 1151 the prospective permanent guardian and whether such guardian has 1152 a strong commitment to permanently caring for the child. 1153 (

e) The court shall, in its written order of disposition, 1154 include all of the following: 1155 1. The placement or custody of the child. 1156 2. Special conditions of placement and visitation. 1157 3. Evaluation, counseling, treatment activities, and other 1158 actions to be taken by the parties, if ordered. 1159 4. The persons or entities responsible for supervising or 1160

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 41 of 61 CODING: Words stricken are deletions; words underlined are additions. monitoring services to the child and parent. 1161 5. Continuation or discharge of the guardian ad litem or 1162 attorney for the child if appointed, as appropriate. 1163 6. The date, time, and location of the next scheduled 1164 review hearing, which must occur within the earlier of: 1165 a. Ninety days after the disposition hearing; 1166 b. Ninety days after the court accepts the case plan; 1167 c. Six months after the date of the last review hearing; or 1168 d.

Six months after the date of the child’s removal from 1169 his or her home, if no review hearing has been held since the 1170 child’s removal from the home. 1171 7.

If the child is in an out-of-home placement, child 1172 support to be paid by the parents, or the guardian of the 1173 child’s estate if possessed of assets which under law may be 1174 disbursed for the care, support, and maintenance of the child. 1175 The court may exercise jurisdiction over all child support 1176 matters, shall adjudicate the financial obligation, including 1177 health insurance, of the child’s parents or guardian, and shall 1178 enforce the financial obligation as provided in

chapter 61. The 1179 state’s child support enforcement agency shall enforce child 1180 support orders under this

section in the same manner as child 1181 support orders under

chapter 61. Placement of the child shall 1182 not be contingent upon issuance of a support order. 1183 8.a. If the court does not commit the child to the 1184 temporary legal custody of an adult relative, legal custodian, 1185 or other adult approved by the court, the disposition order must 1186 include the reasons for such a decision and shall include a 1187 determination as to whether diligent efforts were made by the 1188 department to locate an adult relative, legal custodian, or 1189

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 42 of 61 CODING: Words stricken are deletions; words underlined are additions. other adult willing to care for the child in order to present 1190 that placement option to the court instead of placement with the 1191 department. 1192 b.

If no suitable relative is found and the child is placed 1193 with the department or a legal custodian or other adult approved 1194 by the court, both the department and the court shall consider 1195 transferring temporary legal custody to an adult relative 1196 approved by the court at a later date, but neither the 1197 department nor the court is obligated to so place the child if 1198 it is in the child’s best interest to remain in the current 1199 placement. 1200 1201 For the purposes of this section, “diligent efforts to locate an 1202 adult relative” means a search similar to the diligent search 1203 for a parent, but without the continuing obligation to search 1204 after an initial adequate search is completed. 1205 9.

Other requirements necessary to protect the health, 1206 safety, and well-being of the child, to preserve the stability 1207 of the child’s child care, early education program, or any other 1208 educational placement, and to promote family preservation or 1209 reunification whenever possible. 1210

Section 21. Paragraph (

a) of subsection (2) of

section 1211 39.523, Florida Statutes, is amended to read: 1212 39.523 Placement in out-of-home care.— 1213

(2) ASSESSMENT AND PLACEMENT.—When any child is removed 1214 from a home and placed into out-of-home care, a comprehensive 1215 placement assessment process shall be completed to determine the 1216 level of care needed by the child and match the child with the 1217 most appropriate placement. 1218

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a) The community-based care lead agency or subcontracted 1219 agency with the responsibility for assessment and placement must 1220 coordinate a multidisciplinary team staffing with any available 1221 individual currently involved with the child, including, but not 1222 limited to, a representative from the department and the case 1223 manager for the child; a therapist, attorney ad litem, a 1224 guardian ad litem, an attorney for the child, teachers, coaches, 1225 and Children’s Medical Services; and other community providers 1226 of services to the child or stakeholders as applicable.

The team 1227 may also include clergy, relatives, and fictive kin if 1228 appropriate. Team participants must gather data and information 1229 on the child which is known at the time including, but not 1230 limited to: 1231 1. Mental, medical, behavioral health, and medication 1232 history; 1233 2. Community ties and school placement; 1234 3. Current placement decisions relating to any siblings; 1235 4. Alleged type of abuse or neglect including sexual abuse 1236 and trafficking history; and 1237 5. The child’s age, maturity, strengths, hobbies or 1238 activities, and the child’s preference for placement. 1239

Section 22. Paragraph (

a) of subsection (1) of

section 1240 39.6011, Florida Statutes, is amended to read: 1241 39.6011 Case plan development.— 1242

(1) The department shall prepare a draft of the case plan 1243 for each child receiving services under this chapter. A parent 1244 of a child may not be threatened or coerced with the loss of 1245 custody or parental rights for failing to admit in the case plan 1246 of abusing, neglecting, or abandoning a child. Participating in 1247

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 44 of 61 CODING: Words stricken are deletions; words underlined are additions. the development of a case plan is not an admission to any 1248 allegation of abuse, abandonment, or neglect, and it is not a 1249 consent to a finding of dependency or termination of parental 1250 rights. The case plan shall be developed subject to the 1251 following requirements: 1252 (

a) The case plan must be developed in a face-to-face 1253 conference with the parent of the child, any court-appointed 1254 guardian ad litem or attorney for the child, and, if 1255 appropriate, the child and the temporary custodian of the child. 1256

Section 23. Paragraph (

c) of subsection (1) of

section 1257 39.6012, Florida Statutes, is amended to read: 1258 39.6012 Case plan tasks; services.— 1259

(1) The services to be provided to the parent and the tasks 1260 that must be completed are subject to the following: 1261 (

c) If there is evidence of harm as defined in s. 1262 39.01(36)(

g) s. 39.01(35)(g), the case plan must include as a 1263 required task for the parent whose actions caused the harm that 1264 the parent submit to a substance abuse disorder assessment or 1265 evaluation and participate and comply with treatment and 1266 services identified in the assessment or evaluation as being 1267 necessary. 1268

Section 24. Subsection (8) of

section 39.6251, Florida 1269 Statutes, is amended to read: 1270 39.6251 Continuing care for young adults.— 1271

(8) During the time that a young adult is in care, the 1272 court shall maintain jurisdiction to ensure that the department 1273 and the lead agencies are providing services and coordinate 1274 with, and maintain oversight of, other agencies involved in 1275 implementing the young adult’s case plan, individual education 1276

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 45 of 61 CODING: Words stricken are deletions; words underlined are additions. plan, and transition plan. The court shall review the status of 1277 the young adult at least every 6 months and hold a permanency 1278 review hearing at least annually. If the young adult is 1279 appointed a guardian under

chapter 744 or a guardian advocate 1280 under s. 393.12, at the permanency review hearing the court 1281 shall review the necessity of continuing the guardianship and 1282 whether restoration of guardianship proceedings are needed when 1283 the young adult reaches 22 years of age. The court may appoint 1284 an attorney for the child a guardian ad litem or continue the 1285 appointment of a guardian ad litem or an attorney for the child, 1286 as applicable, with the young adult’s consent. The young adult 1287 or any other party to the dependency case may request an 1288 additional hearing or review. 1289

Section 25. Paragraph (

b) of subsection (1) and paragraph 1290 (

b) of subsection (2) of

section 39.701, Florida Statutes, are 1291 amended to read: 1292 39.701 Judicial review.— 1293

(1) GENERAL PROVISIONS.— 1294 (b)1. The court shall retain jurisdiction over a child 1295 returned to his or her parents for a minimum period of 6 months 1296 following the reunification, but, at that time, based on a 1297 report of the social service agency and the guardian ad litem or 1298 attorney for the child, if one has been appointed, and any other 1299 relevant factors, the court shall make a determination as to 1300 whether supervision by the department and the court’s 1301 jurisdiction shall continue or be terminated. 1302 2.

Notwithstanding subparagraph 1., the court must retain 1303 jurisdiction over a child if the child is placed in the home 1304 with a parent or caregiver with an in-home safety plan and such 1305

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 46 of 61 CODING: Words stricken are deletions; words underlined are additions. safety plan remains necessary for the child to reside safely in 1306 the home. 1307

(2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 1308 AGE.— 1309 (

b) Submission and distribution of reports.— 1310 1. A copy of the social service agency’s written report and 1311 the written report of the guardian ad litem or attorney for the 1312 child must be served on all parties whose whereabouts are known; 1313 to the foster parents or legal custodians; and to the citizen 1314 review panel, at least 72 hours before the judicial review 1315 hearing or citizen review panel hearing.

The requirement for 1316 providing parents with a copy of the written report does not 1317 apply to those parents who have voluntarily surrendered their 1318 child for adoption or who have had their parental rights to the 1319 child terminated. 1320 2. In a case in which the child has been permanently placed 1321 with the social service agency, the agency shall furnish to the 1322 court a written report concerning the progress being made to 1323 place the child for adoption.

If the child cannot be placed for 1324 adoption, a report on the progress made by the child towards 1325 alternative permanency goals or placements, including, but not 1326 limited to, guardianship, long-term custody, long-term licensed 1327 custody, or independent living, must be submitted to the court. 1328 The report must be submitted to the court at least 72 hours 1329 before each scheduled judicial review. 1330 3.

In addition to or in lieu of any written statement 1331 provided to the court, the foster parent or legal custodian, or 1332 any preadoptive parent, shall be given the opportunity to 1333 address the court with any information relevant to the best 1334

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 47 of 61 CODING: Words stricken are deletions; words underlined are additions. interests of the child at any judicial review hearing. 1335

Section 26. Paragraph (

g) of subsection (5) of

section 1336 39.702, Florida Statutes, is amended to read: 1337 39.702 Citizen review panels.— 1338

(5) The independent not-for-profit agency authorized to 1339 administer each citizen review panel shall: 1340 (

g) Establish policies to ensure adequate communication 1341 with the parent, the foster parent or legal custodian, the 1342 guardian ad litem or attorney for the child, and any other 1343 person deemed appropriate. 1344

Section 27. Paragraph (

a) of subsection (3) and subsections 1345 (5), (6), and (7) of

section 39.801, Florida Statutes, are 1346 amended to read: 1347 39.801 Procedures and jurisdiction; notice; service of 1348 process.— 1349

(3) Before the court may terminate parental rights, in 1350 addition to the other requirements set forth in this part, the 1351 following requirements must be met: 1352 (

a) Notice of the date, time, and place of the advisory 1353 hearing for the petition to terminate parental rights and a copy 1354 of the petition must be personally served upon the following 1355 persons, specifically notifying them that a petition has been 1356 filed: 1357 1. The parents of the child. 1358 2. The legal custodians of the child. 1359 3. If the parents who would be entitled to notice are dead 1360 or unknown, a living relative of the child, unless upon diligent 1361 search and inquiry no such relative can be found. 1362 4. Any person who has physical custody of the child. 1363

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 48 of 61 CODING: Words stricken are deletions; words underlined are additions. 5. Any grandparent entitled to priority for adoption under 1364 s. 63.0425. 1365 6. Any prospective parent who has been identified under s. 1366 39.503 or s. 39.803, unless a court order has been entered 1367 pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 1368 indicates no further notice is required.

Except as otherwise 1369 provided in this section, if there is not a legal father, notice 1370 of the petition for termination of parental rights must be 1371 provided to any known prospective father who is identified under 1372 oath before the court or who is identified by a diligent search 1373 of the Florida Putative Father Registry.

Service of the notice 1374 of the petition for termination of parental rights is not 1375 required if the prospective father executes an affidavit of 1376 nonpaternity or a consent to termination of his parental rights 1377 which is accepted by the court after notice and opportunity to 1378 be heard by all parties to address the best interests of the 1379 child in accepting such affidavit. 1380 7. The guardian ad litem for the child or the 1381 representative of the guardian ad litem program, if the program 1382 has been appointed. 1383 8.

The attorney for the child, if appointed. 1384 1385 The document containing the notice to respond or appear must 1386 contain, in type at least as large as the type in the balance of 1387 the document, the following or substantially similar language: 1388 “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING 1389 CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF 1390 THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND 1391 TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE 1392

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 49 of 61 CODING: Words stricken are deletions; words underlined are additions. CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS 1393 NOTICE.” 1394

(5) All process and orders issued by the court must be 1395 served or executed as other process and orders of the circuit 1396 court and, in addition, may be served or executed by authorized 1397 agents of the department, or the guardian ad litem, or the 1398 attorney for the child. 1399

(6) Subpoenas may be served within the state by any person 1400 over 18 years of age who is not a party to the proceeding and, 1401 in addition, may be served or executed by authorized agents of 1402 the department, or of the guardian ad litem, or of the attorney 1403 for the child. 1404

(7) A fee may not be paid for service of any process or 1405 other papers by an agent of the department, or the guardian ad 1406 litem, or the attorney for the child. If any process, orders, or 1407 other papers are served or executed by any sheriff, the 1408 sheriff’s fees must be paid by the county. 1409

Section 28. Subsection (1) of

section 39.802, Florida 1410 Statutes, is amended to read: 1411 39.802 Petition for termination of parental rights; filing; 1412 elements.— 1413

(1) All proceedings seeking an adjudication to terminate 1414 parental rights pursuant to this

chapter must be initiated by 1415 the filing of an original petition by the department, the 1416 guardian ad litem, the attorney for the child, or any other 1417 person who has knowledge of the facts alleged or is informed of 1418 them and believes that they are true. 1419

Section 29. Subsection (2) of

section 39.808, Florida 1420 Statutes, is amended to read: 1421

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 50 of 61 CODING: Words stricken are deletions; words underlined are additions. 39.808 Advisory hearing; pretrial status conference.— 1422

(2) At the hearing the court shall inform the parties of 1423 their rights under s. 39.807, shall appoint counsel for the 1424 parties in accordance with legal requirements, and shall appoint 1425 a guardian ad litem or an attorney for the child as provided for 1426 in s. 39.831 to represent the interests of the child if one has 1427 not already been appointed. 1428

Section 30. Subsection (11) of

section 39.810, Florida 1429 Statutes, is amended to read: 1430 39.810 Manifest best interests of the child.—In a hearing 1431 on a petition for termination of parental rights, the court 1432 shall consider the manifest best interests of the child. This 1433 consideration shall not include a comparison between the 1434 attributes of the parents and those of any persons providing a 1435 present or potential placement for the child. For the purpose of 1436 determining the manifest best interests of the child, the court 1437 shall consider and evaluate all relevant factors, including, but 1438 not limited to: 1439

(11) The recommendations for the child provided by the 1440 child’s guardian ad litem or legal representative. 1441

Section 31. Subsection (9) of

section 39.811, Florida 1442 Statutes, is amended to read: 1443 39.811 Powers of disposition; order of disposition.— 1444

(9) After termination of parental rights, the court shall 1445 retain jurisdiction over any child for whom custody is given to 1446 a social service agency until the child is adopted. The court 1447 shall review the status of the child’s placement and the 1448 progress being made toward permanent adoptive placement. As

part 1449 of this continuing jurisdiction, for good cause shown by the 1450

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 51 of 61 CODING: Words stricken are deletions; words underlined are additions. attorney for the child or guardian ad litem for the child, the 1451 court may review the appropriateness of the adoptive placement 1452 of the child. 1453

Section 32. Subsection (4) of

section 39.812, Florida 1454 Statutes, is amended to read: 1455 39.812 Postdisposition relief; petition for adoption.— 1456

(4) The court shall retain jurisdiction over any child 1457 placed in the custody of the department until the child is 1458 adopted. After custody of a child for subsequent adoption has 1459 been given to the department, the court has jurisdiction for the 1460 purpose of reviewing the status of the child and the progress 1461 being made toward permanent adoptive placement. As part of this 1462 continuing jurisdiction, for good cause shown by the attorney 1463 for the child or guardian ad litem for the child, the court may 1464 review the appropriateness of the adoptive placement of the 1465 child.

When a licensed foster parent or court-ordered custodian 1466 has applied to adopt a child who has resided with the foster 1467 parent or custodian for at least 6 months and who has previously 1468 been permanently committed to the legal custody of the 1469 department and the department does not grant the application to 1470 adopt, the department may not, in the absence of a prior court 1471 order authorizing it to do so, remove the child from the foster 1472 home or custodian, except when: 1473 (

a) There is probable cause to believe that the child is at 1474 imminent risk of abuse or neglect; 1475 (

b) Thirty days have expired following written notice to 1476 the foster parent or custodian of the denial of the application 1477 to adopt, within which period no formal challenge of the 1478 department’s decision has been filed; or 1479

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c) The foster parent or custodian agrees to the child’s 1480 removal. 1481

Section 33. Subsection (1) of

section 39.815, Florida 1482 Statutes, is amended to read: 1483 39.815 Appeal.— 1484

(1) Any child, any parent, or guardian ad litem of any 1485 child, attorney for the child, any other party to the proceeding 1486 who is affected by an order of the court, or the department may 1487 appeal to the appropriate district court of appeal within the 1488 time and in the manner prescribed by the Florida Rules of 1489 Appellate Procedure. The district court of appeal shall give an 1490 appeal from an order terminating parental rights priority in 1491 docketing and shall render a decision on the appeal as 1492 expeditiously as possible. Appointed counsel shall be 1493 compensated as provided in s. 27.5304(6). 1494

Section 34. Subsections (5), (6), and (7) of

section 43.16, 1495 Florida Statutes, are amended to read: 1496 43.16 Justice Administrative Commission; membership, powers 1497 and duties.— 1498

(5) The duties of the commission shall include, but not be 1499 limited to, the following: 1500 (

a) The maintenance of a central state office for 1501 administrative services and assistance when possible to and on 1502 behalf of the state attorneys and public defenders of Florida, 1503 the capital collateral regional counsel of Florida, the criminal 1504 conflict and civil regional counsel, and the Guardian Ad Litem 1505 Program, and the Statewide Office of Child Representation. 1506 (

b) Each state attorney, public defender, and criminal 1507 conflict and civil regional counsel, and the Guardian Ad Litem 1508

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Program, and the Statewide Office of Child Representation shall 1509 continue to prepare necessary budgets, vouchers that represent 1510 valid claims for reimbursement by the state for authorized 1511 expenses, and other things incidental to the proper 1512 administrative operation of the office, such as revenue 1513 transmittals to the Chief Financial Officer and automated 1514 systems plans, but will forward such items to the commission for 1515 recording and submission to the proper state officer.

However, 1516 when requested by a state attorney, a public defender, a 1517 criminal conflict and civil regional counsel, or the Guardian Ad 1518 Litem Program, or the Statewide Office of Child Representation, 1519 the commission will either assist in the preparation of budget 1520 requests, voucher schedules, and other forms and reports or 1521 accomplish the entire project involved. 1522

(6) The commission, each state attorney, each public 1523 defender, the criminal conflict and civil regional counsel, the 1524 capital collateral regional counsel, and the Guardian Ad Litem 1525 Program, and the Statewide Office of Child Representation shall 1526 establish and maintain internal controls designed to: 1527 (

a) Prevent and detect fraud, waste, and abuse as defined 1528 in s. 11.45(1). 1529 (

b) Promote and encourage compliance with applicable laws, 1530 rules, contracts, grant agreements, and best practices. 1531 (

c) Support economical and efficient operations. 1532 (

d) Ensure reliability of financial records and reports. 1533 (

e) Safeguard assets. 1534

(7) The provisions contained in this

section shall be 1535 supplemental to those of

chapter 27, relating to state 1536 attorneys, public defenders, criminal conflict and civil 1537

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 54 of 61 CODING: Words stricken are deletions; words underlined are additions. regional counsel, and capital collateral regional counsel; to 1538 those of

chapter 39, relating to the Guardian Ad Litem Program 1539 and the Statewide Office of Child Representation; or to other 1540 laws pertaining hereto. 1541

Section 35. Paragraph (

c) of subsection (1) of

section 1542 63.082, Florida Statutes, is amended to read: 1543 63.082 Execution of consent to adoption or affidavit of 1544 nonpaternity; family social and medical history; revocation of 1545 consent.— 1546 (1) 1547 (

c) A consent or an affidavit of nonpaternity executed by a 1548 minor parent who is 14 years of age or younger must be witnessed 1549 by a parent, legal guardian, or court-appointed guardian ad 1550 litem or court-appointed attorney for the child. 1551

Section 36. Subsection (1) and paragraph (

a) of subsection 1552 (2) of

section 63.085, Florida Statutes, are amended to read: 1553 63.085 Disclosure by adoption entity.— 1554

(1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE ADOPTIVE 1555 PARENTS.—Within 14 days after a person seeking to adopt a minor 1556 or a person seeking to place a minor for adoption contacts an 1557 adoption entity in person or provides the adoption entity with a 1558 mailing address, the entity must provide a written disclosure 1559 statement to that person if the entity agrees or continues to 1560 work with the person.

The adoption entity shall also provide the 1561 written disclosure to the parent who did not initiate contact 1562 with the adoption entity within 14 days after that parent is 1563 identified and located. For purposes of providing the written 1564 disclosure, a person is considered to be seeking to place a 1565 minor for adoption if that person has sought information or 1566

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 55 of 61 CODING: Words stricken are deletions; words underlined are additions. advice from the adoption entity regarding the option of adoptive 1567 placement. The written disclosure statement must be in 1568 substantially the following form: 1569 1570 ADOPTION DISCLOSURE 1571 1572 THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE 1573 PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A MINOR 1574 OR SEEKING TO PLACE A MINOR FOR ADOPTION, TO ADVISE 1575 THEM OF THE FOLLOWING FACTS REGARDING ADOPTION UNDER 1576 FLORIDA LAW: 1577 1578 1.

The name, address, and telephone number of the 1579 adoption entity providing this disclosure is: 1580 Name:............................................. 1581 Address:.......................................... 1582 Telephone Number:................................. 1583 1584 2. The adoption entity does not provide legal 1585 representation or advice to parents or anyone signing 1586 a consent for adoption or affidavit of nonpaternity, 1587 and parents have the right to consult with an attorney 1588 of their own choosing to advise them. 1589 3.

With the exception of an adoption by a 1590 stepparent or relative, a child cannot be placed into 1591 a prospective adoptive home unless the prospective 1592 adoptive parents have received a favorable preliminary 1593 home study, including criminal and child abuse 1594 clearances. 1595

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 56 of 61 CODING: Words stricken are deletions; words underlined are additions. 4. A valid consent for adoption may not be signed 1596 by the birth mother until 48 hours after the birth of 1597 the child, or the day the birth mother is notified, in 1598 writing, that she is fit for discharge from the 1599 licensed hospital or birth center. Any man may sign a 1600 valid consent for adoption at any time after the birth 1601 of the child. 1602 5.

A consent for adoption signed before the child 1603 attains the age of 6 months is binding and irrevocable 1604 from the moment it is signed unless it can be proven 1605 in court that the consent was obtained by fraud or 1606 duress. A consent for adoption signed after the child 1607 attains the age of 6 months is valid from the moment 1608 it is signed; however, it may be revoked up to 3 1609 business days after it was signed. 1610 6. A consent for adoption is not valid if the 1611 signature of the person who signed the consent was 1612 obtained by fraud or duress. 1613 7.

An unmarried biological father must act 1614 immediately in order to protect his parental rights. 1615

Section 63.062, Florida Statutes, prescribes that any 1616 father seeking to establish his right to consent to 1617 the adoption of his child must file a claim of 1618 paternity with the Florida Putative Father Registry 1619 maintained by the Office of Vital Statistics of the 1620 Department of Health by the date a petition to 1621 terminate parental rights is filed with the court, or 1622 within 30 days after receiving service of a Notice of 1623 Intended Adoption Plan. If he receives a Notice of 1624

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 57 of 61 CODING: Words stricken are deletions; words underlined are additions. Intended Adoption Plan, he must file a claim of 1625 paternity with the Florida Putative Father Registry, 1626 file a parenting plan with the court, and provide 1627 financial support to the mother or child within 30 1628 days following service. An unmarried biological 1629 father’s failure to timely respond to a Notice of 1630 Intended Adoption Plan constitutes an irrevocable 1631 legal waiver of any and all rights that the father may 1632 have to the child.

A claim of paternity registration 1633 form for the Florida Putative Father Registry may be 1634 obtained from any local office of the Department of 1635 Health, Office of Vital Statistics, the Department of 1636 Children and Families, the Internet websites for these 1637 agencies, and the offices of the clerks of the Florida 1638 circuit courts. The claim of paternity form must be 1639 submitted to the Office of Vital Statistics, 1640 Attention: Adoption Unit, P.O. Box 210, Jacksonville, 1641 FL 32231. 1642 8.

There are alternatives to adoption, including 1643 foster care, relative care, and parenting the child. 1644 There may be services and sources of financial 1645 assistance in the community available to parents if 1646 they choose to parent the child. 1647 9. A parent has the right to have a witness of 1648 his or her choice, who is unconnected with the 1649 adoption entity or the adoptive parents, to be present 1650 and witness the signing of the consent or affidavit of 1651 nonpaternity. 1652 10. A parent 14 years of age or younger must have 1653

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 58 of 61 CODING: Words stricken are deletions; words underlined are additions. a parent, legal guardian, or court-appointed guardian 1654 ad litem or court-appointed attorney for the child to 1655 assist and advise the parent as to the adoption plan 1656 and to witness consent. 1657 11. A parent has a right to receive supportive 1658 counseling from a counselor, social worker, physician, 1659 clergy, or attorney. 1660 12. The payment of living or medical expenses by 1661 the prospective adoptive parents before the birth of 1662 the child does not, in any way, obligate the parent to 1663 sign the consent for adoption. 1664 1665

(2) DISCLOSURE TO ADOPTIVE PARENTS.— 1666 (

a) At the time that an adoption entity is responsible for 1667 selecting prospective adoptive parents for a born or unborn 1668 child whose parents are seeking to place the child for adoption 1669 or whose rights were terminated pursuant to

chapter 39, the 1670 adoption entity must provide the prospective adoptive parents 1671 with information concerning the background of the child to the 1672 extent such information is disclosed to the adoption entity by 1673 the parents, legal custodian, or the department. This subsection 1674 applies only if the adoption entity identifies the prospective 1675 adoptive parents and supervises the placement of the child in 1676 the prospective adoptive parents’ home.

If any information 1677 cannot be disclosed because the records custodian failed or 1678 refused to produce the background information, the adoption 1679 entity has a duty to provide the information if it becomes 1680 available. An individual or entity contacted by an adoption 1681 entity to obtain the background information must release the 1682

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 59 of 61 CODING: Words stricken are deletions; words underlined are additions. requested information to the adoption entity without the 1683 necessity of a subpoena or a court order. In all cases, the 1684 prospective adoptive parents must receive all available 1685 information by the date of the final hearing on the petition for 1686 adoption. The information to be disclosed includes: 1687 1. A family social and medical history form completed 1688 pursuant to s. 63.162(6). 1689 2.

The biological mother’s medical records documenting her 1690 prenatal care and the birth and delivery of the child. 1691 3. A complete set of the child’s medical records 1692 documenting all medical treatment and care since the child’s 1693 birth and before placement. 1694 4. All mental health, psychological, and psychiatric 1695 records, reports, and evaluations concerning the child before 1696 placement. 1697 5. The child’s educational records, including all records 1698 concerning any special education needs of the child before 1699 placement. 1700 6.

Records documenting all incidents that required the 1701 department to provide services to the child, including all 1702 orders of adjudication of dependency or termination of parental 1703 rights issued pursuant to

chapter 39, any case plans drafted to 1704 address the child’s needs, all protective services 1705 investigations identifying the child as a victim, and all 1706 guardian ad litem reports or attorney for the child reports 1707 filed with the court concerning the child. 1708 7. Written information concerning the availability of 1709 adoption subsidies for the child, if applicable. 1710

Section 37. Subsection (4) of

section 322.09, Florida 1711

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 60 of 61 CODING: Words stricken are deletions; words underlined are additions. Statutes, is amended to read: 1712 322.09 Application of minors; responsibility for negligence 1713 or misconduct of minor.— 1714

(4) Notwithstanding subsections (1) and (2), if a caregiver 1715 of a minor who is under the age of 18 years and is in out-of-1716 home care as defined in s. 39.01(56) s. 39.01(55), an authorized 1717 representative of a residential group home at which such a minor 1718 resides, the caseworker at the agency at which the state has 1719 placed the minor, or a guardian ad litem specifically authorized 1720 by the minor’s caregiver to sign for a learner’s driver license 1721 signs the minor’s application for a learner’s driver license, 1722 that caregiver, group home representative, caseworker, or 1723 guardian ad litem does not assume any obligation or become 1724 liable for any damages caused by the negligence or willful 1725 misconduct of the minor by reason of having signed the 1726 application.

Before signing the application, the caseworker, 1727 authorized group home representative, or guardian ad litem shall 1728 notify the caregiver or other responsible party of his or her 1729 intent to sign and verify the application. 1730

Section 38. Paragraph (

p) of subsection (4) of

section 1731 394.495, Florida Statutes, is amended to read: 1732 394.495 Child and adolescent mental health system of care; 1733 programs and services.— 1734

(4) The array of services may include, but is not limited 1735 to: 1736 (

p) Trauma-informed services for children who have suffered 1737 sexual exploitation as defined in s. 39.01(78)(

g) s. 1738 39.01(77)(g). 1739

Section

Section 627.746, Florida Statutes, is amended 1740

Florida Senate - 2021 SB 1920 32-01535B-21 20211920__ Page 61 of 61 CODING: Words stricken are deletions; words underlined are additions. to read: 1741 627.746 Coverage for minors who have a learner’s driver 1742 license; additional premium prohibited.—An insurer that issues 1743 an insurance policy on a private passenger motor vehicle to a 1744 named insured who is a caregiver of a minor who is under the age 1745 of 18 years and is in out-of-home care as defined in s. 1746 39.01(56) s. 39.01(55) may not charge an additional premium for 1747 coverage of the minor while the minor is operating the insured 1748 vehicle, for the period of time that the minor has a learner’s 1749 driver license, until such time as the minor obtains a driver 1750 license. 1751

Section 40. Paragraph (

c) of subsection (1) of

section 1752 934.255, Florida Statutes, is amended to read: 1753 934.255 Subpoenas in investigations of sexual offenses.— 1754

(1) As used in this section, the term: 1755 (c) “Sexual abuse of a child” means a criminal offense 1756 based on any conduct described in s. 39.01(78) s. 39.01(77). 1757

Section 41. Subsection (5) of

section 960.065, Florida 1758 Statutes, is amended to read: 1759 960.065 Eligibility for awards.— 1760

(5) A person is not ineligible for an award pursuant to 1761 paragraph (2)(a), paragraph (2)(b), or paragraph (2)(

c) if that 1762 person is a victim of sexual exploitation of a child as defined 1763 in s. 39.01(78)(

g) s. 39.01(77)(g). 1764

Section 42. This act shall take effect July 1, 2021. 1765