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 1201 2023
1 A bill to be entitled
2 An act relating to dependent children; amending s.
3 39.202, F.S.; providing that certain records relating
4 to the death of a child may only be released after
5 receipt of the final report of the medical examiner;
6 providing an exception; creating s. 39.5035, F.S.;
7 authorizing certain persons to file a petition for
8 adjudication and permanent commitment or a petition
9 for permanent commitment under certain circumstances;
10 specifying the timeframe to file such petitions;
11 providing requirements for such petitions; requiring
12 an adjudicatory hearing be held within a specified
13 time after a petition is filed; requiring that certain
14 persons be served with notice of the adjudicatory
15 hearing; providing requirements for the adjudicatory
16 hearing; requiring a finding of clear and convincing
17 evidence; requiring the court to enter specified
18 orders within a certain amount of time after the
19 adjudicatory hearing; requiring certain hearings be
20 held after the adjudicatory hearing under certain
21 circumstances; amending s. 39.522, F.S.; authorizing
22 certain persons to remove a child from a court-ordered
23 placement under certain circumstances; requiring the
24 Department of Children and Families to file a
25 specified motion and the court to hold a hearing
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26 within a certain time period under certain
27 circumstances; requiring the court to find probable
28 cause for the removal of the child based on certain
29 evidence; requiring the court to enter certain orders;
30 requiring a specified hearing if the court modifies
31 the child's placement; amending s. 39.6013, F.S.;
32 removing standards for the evidence required for the
33 court to amend a case plan; authorizing the court to
34 base certain determinations on certain evidence;
35 amending s. 39.6221, F.S.; revising and providing
36 requirements for the court to place a child in a
37 permanent guardianship with a relative or other adult;
38 amending s. 39.701, F.S.; requiring the court and a
39 citizen review panel to determine if certain relatives
40 meet the eligibility requirements of the Guardianship
41 Assistance Program; amending s. 39.801, F.S.; waiving
42 service of process to certain persons under certain
43 circumstances; amending s. 39.812, F.S.; authorizing
44 the court to review the department's denial of an
45 application to adopt a child; requiring the department
46 to file written notification of its denial with the
47 court and provide copies to certain persons within a
48 specified time period; providing requirements to have
49 a court review the department's denial of an
50 application to adopt; requiring the court to hold a
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51 hearing within a specified time; providing standing to
52 certain persons; authorizing certain persons to
53 participate in the hearing under certain
54 circumstances; requiring the court to enter an order
55 within a specified amount of time; conforming
56 provisions to changes made by the act; amending s.
57 63.062, F.S.; conforming provisions to changes made by
58 the act; amending s. 409.167, F.S.; providing that the
59 photo listing component of the statewide adoption
60 exchange is only accessible to certain persons;
61 amending s. 409.175, F.S.; authorizing the department
62 to exempt certain persons or entities from licensure;
63 providing requirements for such exemption; requiring
64 the department to adopt rules; extending the number of
65 days the department may extend a license expiration
66 date; providing an effective date.
67
68 Be It Enacted by the Legislature of the State of Florida:
69
70 Section 1. Paragraph (o) of subsection (2) of section
71 39.202, Florida Statutes, is amended to read:
72 39.202 Confidentiality of reports and records in cases of
73 child abuse or neglect; exception.—
74 (2) Except as provided in subsection (4), access to such
75 records, excluding the name of, or other identifying information
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76 with respect to, the reporter which shall be released only as
77 provided in subsection (5), shall be granted only to the
78 following persons, officials, and agencies:
79 (o) Any person in the event of the death of a child
80 determined by the department after receipt of the final report
81 of the medical examiner to be a result of abuse, abandonment, or
82 neglect. Information identifying the person reporting abuse,
83 abandonment, or neglect may shall not be released. Information
84 may not be released if there is an active, concurrent criminal
85 investigation and a law enforcement officer or the state
86 attorney informs the department that the release of information
87 may compromise a successful criminal prosecution in the child
88 abuse, neglect, or abandonment case. Any information otherwise
89 made confidential or exempt by law may shall not be released
90 under pursuant to this paragraph.
91 Section 2. Section 39.5035, Florida Statutes, is created
92 to read:
93 39.5035 Deceased parents; special procedures.—
94 (1)(a)1. If both parents of a child die or the last known
95 living parent dies and a legal custodian has not been appointed
96 for the child through a probate or guardianship proceeding, an
97 attorney for the department or any other person who has
98 knowledge of such facts or is informed of such facts and
99 believes them to be true may initiate a proceeding by filing a
100 petition for adjudication and permanent commitment. The petition
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101 must be filed within a reasonable time after the petitioner
102 first becomes aware of the facts that support the petition for
103 adjudication and permanent commitment.
104 2. If a child has been placed in shelter status by order
105 of the court but has not yet been adjudicated, a petition for
106 adjudication and permanent commitment must be filed within 21
107 days after the shelter hearing.
108 (b) If, after a child has already been adjudicated
109 dependent, both parents of the child die or the last known
110 living parent dies and a legal custodian has not been appointed
111 for the child through a probate or guardianship proceeding, an
112 attorney for the department or any other person who has
113 knowledge of the facts or is informed of the facts and believes
114 them to be true may file a petition for permanent commitment.
115 The petition must be filed within a reasonable time after the
116 petitioner first becomes aware of the facts that support the
117 petition for permanent commitment.
118 (2) The petition must:
119 (a) Be in writing, identify the alleged deceased parent or
120 parents, and provide facts that establish that both parents of
121 the child are deceased or the last known living parent is
122 deceased and that a legal custodian has not been appointed for
123 the child through a probate or guardianship proceeding.
124 (b) Be signed by the petitioner under oath stating the
125 petitioner's good faith in filing the petition.
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126 (3) The clerk of court must set the case before the court
127 for an adjudicatory hearing as soon as practicable, but not
128 later than 30 days after a petition for adjudication and
129 permanent commitment or petition for permanent commitment is
130 filed.
131 (4) A copy of the petition and notice of the date, time,
132 and place of the adjudicatory hearing must be served on all of
133 the following persons:
134 (a) The person who has physical custody of the child.
135 (b) A living relative of each parent of the child, unless
136 a living relative of each parent cannot be found after a
137 diligent search or inquiry.
138 (c) The guardian ad litem for the child or a
139 representative of the guardian ad litem program, if a guardian
140 ad litem has been appointed for the child.
141 (5) The adjudicatory hearing must be conducted by a judge
142 without a jury in accordance with the Florida Rules of Civil
143 Procedure. The hearings may be adjourned from time to time as
144 necessary. At the hearing, the judge must determine whether the
145 petitioner has established by clear and convincing evidence that
146 both parents of the child are deceased or that one parent is
147 deceased, the other parent cannot be found after a diligent
148 search, and a legal custodian has not been appointed for the
149 child through a probate or guardianship proceeding. A certified
150 copy of a death certificate for a parent is clear and convincing
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151 evidence of the parent's death.
152 (6) Within 30 days after an adjudicatory hearing on a
153 petition for adjudication and permanent commitment, the court
154 must:
155 (a) If the court finds that the petitioner met the clear
156 and convincing standard:
157 1. Enter a written order adjudicating the child depe ndent
158 and permanently committing the child to the custody of the
159 department for the purpose of adoption.
160 2. Schedule a disposition hearing as provided in s. 39.521
161 within 30 days after the entry of the order in which the
162 department must provide a case plan that identifies the
163 permanency goal for the child to the court. Reasonable efforts
164 must be made to place the child in a timely manner in accordance
165 with the permanency plan and to complete all steps necessary to
166 finalize the permanent placement of the child.
167 3. Hold hearings every 6 months to review the progress
168 being made toward permanency for the child until the adoption of
169 the child is finalized or the child reaches the age of 18 years,
170 whichever occurs first.
171 (b) Enter a written order adjudicating the child dependent
172 if the court finds that the petitioner has not met the clear and
173 convincing standard but that a preponderance of the evidence
174 establishes that the child does not have a parent or legal
175 custodian capable of providing supervision or care to the child.
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176 The court must schedule a disposition hearing as provided in s.
177 39.521 within 30 days after the entry of the order in which the
178 department must provide a case plan that identifies the
179 permanency goal for the child to the court. Reasonable e fforts
180 must be made to place the child in a timely manner in accordance
181 with the permanency plan and to complete all steps necessary to
182 finalize the permanent placement of the child.
183 (c) Enter a written order dismissing the petition if the
184 court finds that the petitioner has not met the clear and
185 convincing standard and that a preponderance of the evidence
186 does not establish that the child does not have a parent or
187 legal custodian capable of providing supervision or care to the
188 child.
189 (7) Within 30 days after an adjudicatory hearing on a
190 petition for permanent commitment, the court must:
191 (a) If the court finds that the petitioner met the clear
192 and convincing standard:
193 1. Enter a written order permanently committing the child
194 to the custody of the department for the purpose of adoption.
195 2. Schedule a disposition hearing as provided in s. 39.521
196 within 30 days after the entry of the order in which the
197 department must provide an amended case plan that identifies the
198 permanency goal for the child to the court. Reasonable efforts
199 must be made to place the child in a timely manner in accordance
200 with the permanency plan and to complete all steps necessary to
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201 finalize the permanent placement of the child.
202 3. Hold hearings every 6 months to review the progress
203 being made toward permanency for the child until the adoption of
204 the child is finalized or the child reaches the age of 18 years,
205 whichever occurs first.
206 (b) Enter an order dismissing the petition if the court
207 finds that the petitioner has not met the clear and convincing
208 standard. The order does not affect the child's prior
209 adjudication of dependency. The order does not bar the
210 petitioner from filing a subsequent petition for permanent
211 commi