F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1549 2022
1 A bill to be entitled
2 An act relating to child representation; amending s.
3 39.01, F.S.; defining the term "attorney for the
4 child"; amending ss. 39.013 and 39.01305, F.S.;
5 conforming provisions to changes made by the act;
6 renaming part XI of ch. 39, F.S., as "Guardians Ad
7 Litem, Guardian Advocates, and Attorney for the
8 Child"; amending s. 39.822, F.S.; conforming
9 provisions to changes made by the act; specifying
10 circumstances under which a court is required or
11 authorized, on or after a specified date, to appoint a
12 guardian ad litem in certain proceedings; authorizing
13 the court, under certain circumstances, to maintain a
14 guardian ad litem's appointment notwithstanding the
15 appointment of an attorney for the child; authorizing
16 the court to order that a new guardian ad litem be
17 assigned for a child or to discharge a guardian ad
18 litem and appoint an attorney for the child under
19 specified circumstances; amending s. 39.8296, F.S.;
20 renaming the Guardian Ad Litem Qualifications
21 Committee as the Child Well-Being Qualifications
22 Committee; specifying a procedure and a requirement
23 for subsequent terms served by the Statewide Guardian
24 Ad Litem Office's executive director; requiring the
25 office to develop guidelines to identify conflicts of
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26 interest of guardians ad litem; prohibiting the office
27 from assigning such guardians; defining the term
28 "conflict of interest"; requiring the office to
29 identify any guardian ad litem who is experiencing
30 health issues and who appears to present a danger to
31 the child to whom the guardian ad litem is assigned;
32 requiring the office to remove such guardians from
33 assigned cases, terminate their direct child contact
34 volunteer services, and disclose such actions to the
35 circuit court; authorizing the office to permit such
36 guardians ad litem to perform certain work if certain
37 conditions are met; creating s. 39.83, F.S.; creating
38 the Statewide Office of Child Representation within
39 the Justice Administrative Commission; requiring the
40 commission to provide administrative support and
41 services to the statewide office; providing that the
42 statewide office is not subject to control,
43 supervision, or direction by the commission; providing
44 that employees of the statewide office are governed by
45 the classification plan and salary and benefits plan
46 approved by the commission; providing that the head of
47 the statewide office is the executive director;
48 providing the process for appointment; requiring that
49 the initial executive director be appointed by a
50 specified date; providing responsibilities of the
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51 office; providing a requirement for the Department of
52 Children and Families or community-based care lead
53 agency; authorizing the office to contract with local
54 nonprofit agencies under certain conditions;
55 specifying requirements for the local nonprofit
56 agencies and for contracts between the office and such
57 agencies; creating a regional office of child
58 representation within the boundaries of each of the
59 five district courts of appeal; requiring the regional
60 offices to commence fulfilling their purpose and
61 duties on a specified date; prescribing qualifications
62 for child representation counsel; creating s. 39.831,
63 F.S.; specifying when the court is required or
64 authorized to appoint an attorney for the child;
65 requiring the court to appoint the Statewide Office of
66 Child Representation unless the child is otherwise
67 represented by counsel; specifying requirements for
68 the scope of representation of an attorney for the
69 child; authorizing certain staff to attend certain
70 hearings rather than the attorney; requiring that
71 court orders appointing an attorney for the child be
72 in writing; providing for the appointment of private
73 counsel when the office has a conflict of interest;
74 requiring an attorney for the child to be compensated
75 and have access to funding for expenses with specified
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76 conditions; providing conditions under which a parent
77 is required to reimburse the court for the cost of the
78 attorney; requiring agencies, persons, and
79 organizations to allow an attorney for the child to
80 inspect and copy certain records; defining the term
81 "records"; providing requirements for an attorney for
82 the child relating to hearings; requiring the
83 department to develop procedures to request that a
84 court appoint an attorney for the child; authorizing
85 the department to adopt rules; amending ss. 28.345,
86 29.007, 39.001, 39.00145, 39.0132, 39.0139, 39.202,
87 39.302, 39.402, 39.407, 39.4085, 39.502, 39.521,
88 39.6011, 39.6012, 39.6251, 39.701, 39.702, 39.801,
89 39.802, 39.808, 39.810, 39.811, 39.812, 43.16, 63.085,
90 322.09, 394.495, 627.746, 768.28, 934.255, and
91 960.065, F.S.; conforming cross-references and
92 provisions to changes made by the act; providing an
93 effective date.
94
95 Be It Enacted by the Legislature of the State of Florida:
96
97 Section 1. Present subsections (8) through (87) of section
98 39.01, Florida Statutes, are redesignated as subsections (9)
99 through (88), respectively, a new subsection (8) is added to
100 that section, and present subsections (9) and (36) of that
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101 section are amended, to read:
102 39.01 Definitions.—When used in this chapter, unless the
103 context otherwise requires:
104 (8) "Attorney for the child" means an attorney providing
105 direct representation to the child, which may include the
106 appointment of the Statewide Office of Child Representation, an
107 attorney provided by an entity contracted through the Statewide
108 Office of Child Representation to provide direct repr esentation,
109 any private court-appointed counsel compensated pursuant to s.
110 27.5304, any privately retained counsel or pro bono counsel, or
111 any other attorney appointed to represent the child under this
112 chapter.
113 (10)(9) "Caregiver" means the parent, legal custodian,
114 permanent guardian, adult household member, or other person
115 responsible for a child's welfare as defined in subsection (55)
116 (54).
117 (37)(36) "Institutional child abuse or neglect" means
118 situations of known or suspected child abuse or neglect in which
119 the person allegedly perpetrating the child abuse or neglect is
120 an employee of a public or private school, public or private day
121 care center, residential home, institution, facility, or agency
122 or any other person at such institution responsible for the
123 child's welfare as defined in subsection (55) (54).
124 Section 2. Subsection (13) is added to section 39.013,
125 Florida Statutes, to read:
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126 39.013 Procedures and jurisdiction; right to counsel.—
127 (13) The court shall appoint an attorney for the child
128 pursuant to s. 39.831.
129 Section 3. Subsections (4) and (5) of section 39.01305,
130 Florida Statutes, are amended to read:
131 39.01305 Appointment of an attorney for a dependent child
132 with certain special needs.—
133 (4)(a) The appointment of an attorney for the child under
134 this section shall be made in accordance with s. 39.831 Before a
135 court may appoint an attorney, who may be compensated pursuant
136 to this section, the court must request a recommendation from
137 the Statewide Guardian Ad Litem Office for an attor ney who is
138 willing to represent a child without additional compensation. If
139 such an attorney is available within 15 days after the court's
140 request, the court must appoint that attorney. However, the
141 court may appoint a compensated attorney within the 15-day
142 period if the Statewide Guardian Ad Litem Office informs the
143 court that it will not be able to recommend an attorney within
144 that time period.
145 (b) After an attorney is appointed, the appointment
146 continues in effect until the attorney is allowed to withd raw or
147 is discharged by the court or until the case is dismissed. An
148 attorney who is appointed under this section to represent the
149 child shall provide the complete range of legal services, from
150 the removal from home or from the initial appointment through
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151 all available appellate proceedings. With the permission of the
152 court, the attorney for the dependent child may arrange for
153 supplemental or separate counsel to represent the child in
154 appellate proceedings. A court order appointing an attorney
155 under this section must be in writing.
156 (5) Unless the attorney has agreed to provide pro bono
157 services, an appointed attorney or organization must be
158 adequately compensated. All appointed attorneys and
159 organizations, including pro bono attorneys, must be provided
160 with access to funding for expert witnesses, depositions, and
161 other due process costs of litigation. Payment of attorney fees
162 and case-related due process costs are subject to appropriations
163 and review by the Justice Administrative Commission for
164 reasonableness. The Justice Administrative Commission shall
165 contract with attorneys appointed by the court. Attorney fees
166 may not exceed $1,000 per child per year.
167 Section 4. Part XI of chapter 39, Florida Statutes,
168 entitled "GUARDIANS AD LITEM AND GUARDIAN ADVOCATES," is renamed
169 "GUARDIANS AD LITEM, GUARDIAN ADVOCATES, AND ATTORNEY FOR THE
170 CHILD."
171 Section 5. Section 39.822, Florida Statutes, is amended to
172 read:
173 39.822 Appointment of guardian ad litem for abused,
174 abandoned, or neglected child.—
175 (1)(a) Before July 1, 2023, a guardian ad litem must shall
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176 be appointed by the court at the earliest possible time to
177 represent a the child in any child abuse, abandonment, or
178 neglect judicial proceeding, whether civil or criminal.
179 (b) On or after July 1, 2023, a guardian ad litem:
180 1. Must be appointed by the court at the earliest possible
181 time to represent a child under the following circumstances:
182 a. The child remains in his or her home or a nonlicensed
183 placement under the protective supervision of the depar tment;
184 b. The child is the subject of a dependency proceeding
185 under this chapter and the subject of a criminal proceeding;
186 c. The child is the subject of a termination of parental
187 rights proceeding under part X of this chapter; or
188 d. The child is a dependent child as described in s.
189 39.01305(3).
190 2. May be appointed at the court's discretion upon a
191 finding that circumstances exist that require the appointment.
192 (2) If a child appointed a guardian ad litem when placed
193 under the protective supervision of the department as required
194 under sub-subparagraph (1)(b)1.a. is subsequently appointed an
195 attorney for the child pursuant to s. 39.831, the court may
196 maintain the appointment of the guardian ad litem
197 notwithstanding the appointment of an attorney for the child.
198 (3) Upon request by a child who is the subject of a
199 dependency proceeding under this chapter and who has a guardian
200 ad litem assigned, or upon any party presenting evidence that
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201 there is reasonable cause to suspect the assigned guardian ad
202 litem has a conflict of interest as defined in s.
203 39.8296(2)(b)9., the court may:
204 (a) Order that a new guardian ad litem be assigned; or
205 (b) Unless otherwise provided by law, discharge the
206 child's current guardian ad litem and appoint an attorney for
207 the child if one is not appointed.
208 (4) Any person participating in a civil or criminal
209 judicial proceeding resulting from such appointment shall be
210 presumed prima facie to be acting