Florida Senate - 2023 SB 906 By Senator Powell 24-01951A-23 2023906__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to regional counsel representation for 2 child welfare matters; amending s. 27.511, F.S.; 3 providing circumstances under which the regional 4 counsel may represent indigent parents; amending s. 5 39.301, F.S.; requiring the child protective 6 investigator to provide to subjects of an 7 investigation specified information relating to the 8 rights of a parent or legal custodian; providing an 9 effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13

Section 1. Paragraph (

d) of subsection (6) of

section 14 27.511, Florida Statutes, is amended, and paragraph (

e) is added 15 to that subsection, to read: 16 27.511 Offices of criminal conflict and civil regional 17 counsel; legislative intent; qualifications; appointment; 18 duties.— 19 (6) 20 (

d) Except as provided in paragraph (e), the regional 21 counsel may not represent any plaintiff in a civil action 22 brought under the Florida Rules of Civil Procedure, the Federal 23 Rules of Civil Procedure, or federal statutes, and may not 24 represent a petitioner in a rule challenge under

chapter 120, 25 unless specifically authorized by law. 26 (

e) In child welfare matters, the regional counsel may 27 provide preventative, prepetition legal representation to 28 indigent parents who are the subject of child protective 29 Florida Senate - 2023 SB 906 24-01951A-23 2023906__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. investigations conducted pursuant to s. 39.301.

If such matters 30 are related to the circumstances of the investigation and to the 31 efforts by the parents to safely maintain the care and custody 32 of their children, the regional counsel may appear in or 33 initiate civil actions for such injunctions for protection 34 against domestic violence, residential tenancies and housing, 35 and determination of parentage. In prepetition matters, the 36 regional counsel will determine, within 5 days of initial 37 contact by a parent subject to investigation, whether the parent 38 is indigent using the best available evidence.

In determining 39 indigency, the regional counsel will use the application form 40 and indigency criteria used by the clerk of court pursuant to s. 41 27.52 and the regional counsel will maintain documentation of 42 the indigency determination in its files. If at any time after 43 an initial determination of indigency is made, the regional 44 counsel later determines that a person is not indigent, the 45 regional counsel will cease to provide representation to the 46 nonindigent person and will withdraw from any legal action in 47 which the regional counsel has appeared. 48

Section 2. Paragraph (

a) of subsection (5) and paragraph 49 (

a) of subsection (10) of

section 39.301, Florida Statutes, are 50 amended to read: 51 39.301 Initiation of protective investigations.— 52 (5)(

a) Upon commencing an investigation under this part, 53 the child protective investigator shall inform any subject of 54 the investigation of the following: 55 1. The names of the investigators and identifying 56 credentials from the department. 57 2. The purpose of the investigation and how the information 58 Florida Senate - 2023 SB 906 24-01951A-23 2023906__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. provided by the subject may be used. 59 3.

The right of the parent or legal custodian to obtain his 60 or her own attorney and, if he or she cannot afford an attorney, 61 the investigator shall inform the parent or legal custodian that 62 he or she may choose to be represented by the office of criminal 63 conflict and civil regional counsel during the investigation and 64 the investigator shall provide the contact information for the 65 local regional counsel office which offers representation before 66 a petition is filed, if locally available, and ways that the 67 information provided by the subject may be used. 68 4.

The possible outcomes and services of the department’s 69 response. 70 5. The right of the parent or legal custodian to be engaged 71 to the fullest extent possible in determining the nature of the 72 allegation and the nature of any identified problem and the 73 remedy. 74 6. The duty of the parent or legal custodian to report any 75 change in the residence or location of the child to the 76 investigator and that the duty to report continues until the 77 investigation is closed. 78 (10)(

a) The department’s training program for staff 79 responsible for responding to reports accepted by the central 80 abuse hotline must also ensure that child protective responders: 81 1.

Know how to fully inform parents or legal custodians of 82 their rights and options, including their right to legal counsel 83 and the availability to indigent parents or legal custodians of 84 the opportunity to be represented by the office of criminal 85 conflict and civil regional counsel, if locally available, and 86 the opportunities for audio or video recording of child 87 Florida Senate - 2023 SB 906 24-01951A-23 2023906__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. protective responder interviews with parents or legal custodians 88 or children. 89 2.

Know how and when to use the injunction process under s. 90 39.504 or s. 741.30 to remove a perpetrator of domestic violence 91 from the home as an intervention to protect the child. 92 3. Know how to explain to the parent, legal custodian, or 93 person who is alleged to have caused the abuse, neglect, or 94 abandonment the results of the investigation and to provide 95 information about his or her right to access confidential 96 reports in accordance with s. 39.202, prior to closing the case. 97

Section 3. This act shall take effect July 1, 2023. 98