The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: PCS/CS/SB 1920 (771334)
INTRODUCER: Appropriations Committee (Recommended by Appropriations Subcommittee on
Criminal and Civil Justice); Children, Families, and Elder Affairs Committee; and
Senator Book
SUBJECT: Child Welfare
DATE: April 16, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Moody Cox CF Fav/CS
2. Dale Harkness ACJ Recommend: Fav/CS
3. Dale Sadberry AP Pre-meeting
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
PCS/CS/SB 1920 creates the Statewide Office of Child Representation (OCR) and makes a
number of changes to various provisions related to guardians ad litem (GAL) under ch. 39, F.S.,
and regarding attorney representation for the child.
The bill provides that on or after July 1, 2022, a GAL must be appointed in specified
circumstances including to a child who remains in his or her home or nonlicensed placement
under protective supervision of the department, and may be appointed at the court’s discretion
upon a finding that circumstances exist which require the appointment. If a GAL is appointed
initially and the circumstances of the child change resulting in the requirement of the court to
subsequently appoint an attorney, the court may maintain the appointment of the guardian ad
litem even though an attorney for the child has been appointed.
The bill defines a “conflict of interest” with respect to GAL volunteers and requires the guardian
ad litem program (GALP) to develop guidelines to identify when there is reasonable cause to
suspect an assigned GAL has a conflict of interest. The bill prohibits the GALP from appointing
a GAL when a conflict of interest is identified. It also requires the court to order that a new GAL
be assigned or, unless otherwise prohibited by law, discharge the GAL and appoint an attorney
for the child when such circumstances exist. Further, the GALP must identify any GAL who is
experiencing a physical or mental health issue and who appears to present a danger to any child,
BILL: PCS/CS/SB 1920 (771334) Page 2
and remove him or her from all assigned cases and terminate his or her volunteer services. The
GALP has discretion to allow a GAL to work in the office in certain circumstances, but a GAL
who has caused harm to a child during the course of his or her appointment is prohibited from
being an employee of or volunteer for the program.
The GAL Qualifications Committee is redesignated as the Child Well-Being Qualifications
Committee. The bill provides that the executive director of the GALP may be reappointed to
serve more than one term and the reappointment process must be made in accordance with the
initial appointment process.
The OCR is established within the Justice Administrative Commission (JAC) and is structured
with requirements substantially similar to current law relating to the GALP. Regional Offices are
created within the area serviced by each of the five district court of appeals. Child Representation
Counsel (CRC) must comply with proscribed duties. The bill provides specified duties for the
OCR and the Department of Children and Families (DCF) is required to take any necessary steps
to obtain federal Title IV-E funding reimbursement for the OCR. The OCR may contract with a
local nonprofit agency to provide direct representation for the child.
Section 39.831, F.S., is created to make provisions regarding when an “attorney for the child”, as
defined in the bill, must or may be appointed. The bill relocates s. 39.01305(4)(b) and (5), F.S. to
s. 39.831, F.S., but clarifies the scope of attorney representation and, unless otherwise agreed,
requires an attorney to be compensated in accordance with s. 27.5304, F.S. The bill provides that
an attorney for the child, or certain staff when appropriate, may represent the child in fair
hearings in certain circumstances within the resources allocated for representation in dependency
proceedings. The bill also sets out several other provisions regarding an attorney for the child,
including when the OCR must be appointed, the process that must be followed when OCR has a
conflict of interest in representing a child, when the attorney for the child may withdraw or be
discharged, his or her access to records, and requirement to file all appropriate motions at least
72 hours before a court hearing.
Several sections are amended to conform cross-references and provisions to changes made by the
act.
The bill will result in an indeterminate negative fiscal impact on state expenditures. The GALP
reports an indeterminate fiscal impact of the bill as it is unknown how many children will meet
the criteria in the bill. Further, the JAC states that the bill will likely have a substantial fiscal
impact on the JAC through increased workload. Finally, the fiscal impact to fund the creation
and operation of the OCR will likely have a substantial negative fiscal impact. See Section V.
Fiscal Impact Statement.
The bill is effective July 1, 2021.
BILL: PCS/CS/SB 1920 (771334) Page 3
II. Present Situation:
Current law requires any person who knows or suspects that a child has been abused, abandoned,
or neglected to report such knowledge or suspicion to the Florida central abuse hotline (hotline).1
A child protective investigation begins if the hotline determines the allegations meet the statutory
definition of abuse,2 abandonment,3 or neglect.4 A child protective investigator investigates the
situation either immediately, or within 24 hours after the report is received, depending on the
nature of the allegation.5
After conducting an investigation, if the child protective investigator determines that the child is
in need of protection and supervision that necessitates removal, the investigator may initiate
formal proceedings to remove the child from his or her home. When the Department of Children
and Families (DCF) removes a child from the home, a series of dependency court proceedings
must occur before a child may be adjudicated dependent.6 The dependency court process is
summarized in the table below.
The Dependency Court Process
Dependency Controlling
Description of Process
Proceeding Statute
A child protective investigation determines the child’s home is s. 39.401,
Removal
unsafe, and the child is removed. F.S.
Shelter A shelter hearing occurs within 24 hours after removal. The s. 39.401,
Hearing judge determines whether to keep the child out-of-home. F.S.
Petition for A petition for dependency occurs within 21 days of the shelter s. 39.501,
Dependency hearing. This petition seeks to find the child dependent. F.S.
1
Section 39.201(a), F.S.
2
Section 39.01(2), F.S. The term “abuse” means any willful act or threatened act that results in any physical, mental, or
sexual abuse, injury, or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be
significantly impaired. Abuse of a child includes the birth of a new child into a family during the course of an open
dependency case when the parent or caregiver has been determined to lack the protective capacity to safely care for the
children in the home and has not substantially complied with the case plan towards successful reunification or met the
conditions for return of the children into the home. Abuse of a child includes acts or omissions. Corporal discipline of a child
by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to
the child.
3
Section 39.01(1), F.S. The term “abandoned” or “abandonment” means a situation in which the parent or legal custodian of
a child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution
to the child’s care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child,
or both.
4
Sections 39.01(50) and 39.201(2)(a), F.S. “Neglect” occurs when a child is deprived of, or is allowed to be deprived of,
necessary food, clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation
or environment causes the child’s physical, mental, or emotional health to be significantly impaired or to be in danger of
being significantly impaired. The foregoing circumstances shall not be considered neglect if caused primarily by financial
inability unless actual services for relief have been offered to and rejected by such person. A parent or legal custodian
legitimately practicing religious beliefs in accordance with a recognized church or religious organization who thereby does
not provide specific medical treatment for a child may not, for that reason alone, be considered a negligent parent or legal
custodian; however, such an exception does not preclude a court from ordering necessary services.
5
Section 39.201(5), F.S.
6
See s. 39.01(15), F.S., for the definition of “child who is found to be dependent”.
BILL: PCS/CS/SB 1920 (771334) Page 4
Dependency Controlling
Description of Process
Proceeding Statute
Arraignment An arraignment and shelter review occurs within 28 days of the
Hearing and shelter hearing. This allows the parent to admit, deny, or s. 39.506,
Shelter consent to the allegations within the petition for dependency F.S.
Review and allows the court to review any shelter placement.
Adjudicatory An adjudicatory trial is held within 30 days of arraignment. The s. 39.507,
Trial judge determines whether a child is dependent during trial. F.S.
If the child is found dependent, disposition occurs within 15
s. 39.506,
days of arraignment or 30 days of adjudication. The judge
Disposition F.S.
reviews the case plan and placement of the child. The judge
Hearing s. 39.521,
orders the case plan for the family and the appropriate
F.S.
placement of the child.
The court may change temporary placement at a postdisposition
Postdisposition hearing any time after disposition but before the child is s. 39.522,
hearing residing in the permanent placement approved at a permanency F.S.
hearing.
Judicial The court must review the case plan and placement every 6
s. 39.701,
Review months, or upon motion of a party.
F.S.
Hearings
Once the child has been out-of-home for 12 months, if DCF s. 39.802,
determines that reunification is no longer a viable goal, F.S.
Petition for termination of parental rights is in the best interest of the child, s. 39.8055,
Termination of and other requirements are met, a petition for termination of F.S.
Parental parental rights is filed. s. 39.806,
Rights F.S.
s. 39.810,
F.S.
This hearing is set as soon as possible after all parties have been
Advisory served with the petition for termination of parental rights. The s. 39.808,
Hearing hearing allows the parent to admit, deny, or consent to the F.S.
allegations within the petition for termination of parental rights.
An adjudicatory trial shall be set within 45 days after the
Adjudicatory s. 39.809,
advisory hearing. The judge determines whether to terminate
Hearing F.S.
parental rights to the child at this trial.
Attorney Representation in Dependency Cases
An attorney must comply with the Florida Rules of Professional Conduct promulgated by the
Florida Bar. An attorney must zealously advocate for his or her client and must abide by a
client’s decision on how to proceed in a matter.7 This means the client has authority to decide the
purpose and scope of the attorney’s representation, within the limits imposed by law and the
attorney’s professional obligations, including for instance whether to settle a matter. 8 An attorney
7
Rules Regulating the Fla. Bar 4-1.2.
8
Id.
BILL: PCS/CS/SB 1920 (771334) Page 5
has an obligation to communicate with his or her client about such decisions,9 and should try to
reach a mutually agreeable resolution with his or her client if a disagreement arises on how to
proceed.10
Attorney Duties and Conflicts of Interest
Attorneys are required to adhere to specified duties within the Rules of Professional Conduct.
For instance, an attorney must be competent to represent his or her client, and must act with
reasonable diligence and promptness in representing a client.11An attorney also has duties of
loyalty and confidentiality to his client.12 However, an attorney must disclose confidential
information if he or she reasonably believes it is necessary to prevent a client from committing a
crime, or to prevent death or substantial bodily harm to another.13 An attorney may also disclose
confidential information, in part, if the client gives informed consent or the attorney reasonably
believes the disclosure is necessary to serve the client’s interest provided the client does not
specifically require the information not to be disclosed.14
The Rules of Professional Conduct also contain provisions regarding how an attorney must
handle circumstances in which conflict of interest exists.15 This includes, in part, when an
attorney has a conflict with a current16 or former client17 as well as prohibited transactions.18 An
attorney must not represent a client whose interests are directly adverse to another client, or there
is a substantial risk that representation of the client would materially limit the attorney’s
representation of another client, a former client or personal interest of the lawyer, except when
the client waives the conflict in specified circumstances.19 This means an attorney must not
represent opposing parties in litigation.20 Further, an attorney generally may not use information
to the disadvantage of a client without informed consent, unless otherwise permitted in the
rules.21
An attorney must not represent a client if his or her representation will result in a violation of the
Rules of Professional Conduct or law, or the attorney’s physical or mental condition materially
impairs his or her ability to represent the client.22 In such instances, the attorney must not
commence representation or must withdraw as counsel if specified conditions are met.23
9
Rules Regulating the Fla. Bar