Chapter 39, Florida Statutes - Florida Department …

1 Chapter 39, Florida Statutes with Statutes governing normalcy, quality parenting, independent living, and licensing, the ICPC Articles and Regulations, and excerpts from the Rules of Juvenile Procedure July 1, 2016 A collaborative effort by: Department of Children and Families Statewide Guardian ad Litem Office Office of the State Courts Administrator TABLE OF CONTENTS BRIEF OVERVIEW OF CHANGES FROM THE 2014 LEGISLATIVE SESSION DEPENDENCY CASE FLOWCHART PART I GENERAL PROVISIONS Purposes and intent; personnel standards and screening ..1 Direct-support Responsibilities of public agencies ..10 Records concerning Education of abused, neglected, and abandoned children ..11 Immunity from Rules for implementation ..26 Specific rulemaking authority ..26 Procedures and jurisdiction; right to counsel ..28 Appointment of an attorney for a dependent child with certain special Permanent mailing address designation.

2 31 Oaths, records, and confidential information ..31 Court and witness fees ..33 Appointed counsel; compensation ..33 Operation and Maintenance Trust Fund ..33 Time limitations; continuances ..33 Federal law; rulemaking authority ..34 Criminal history records check; limit on placement of a child ..34 Visitation or other contact; Missing children; report PART II REPORTING CHILD ABUSE Mandatory reports of child abuse, abandonment, or neglect; mandatory reports of death; central abuse hotline ..38 Critical incident rapid response Confidentiality of reports and records in case of child abuse or neglect ..44 Release of confidential information ..47 Public disclosure of reported child Immunity from liability in cases of child abuse, abandonment, or neglect ..48 Abrogation of privileged communications in cases involving child abuse, abandonment, or neglect.

3 49 Penalties relating to reporting of child abuse, abandonment, or neglect ..49 Administrative fines for false report of abuse, abandonment, or neglect of a child; civil damages ..51 PART III PROTECTIVE INVESTIGATIONS Initiation of protective investigations ..53 Protective investigations of institutional child abuse, abandonment, or neglect ..59 Child protection teams; services; eligible Rules for implementation of ss. and ..64 Memorandum of agreement ..64 Child advocacy centers; standards; state funding ..65 Photographs, medical examinations, X-rays, and medical treatment of abused, abandoned, or neglected child ..66 Child protective investigations; working agreements with local law Sheriffs of certain counties to provide child protective investigative services; procedures; funding ..67 Reports of medical Reports of child-on-child sexual abuse.

4 69 Guidelines for onsite child protective investigation ..71 PART IV TAKING CHILDREN INTO CUSTODY AND SHELTER HEARINGS Detaining a child; medical or hospital personnel ..72 Taking a child alleged to be dependent into custody; law enforcement officers and authorized agents of the Department ..72 Placement in a shelter ..73 Medical, psychiatric, and psychological examination and treatment of child; physical, mental , or substance abuse examination of person with or requesting child custody ..79 Referral of a dependency case to mediation ..85 Legislative findings and declaration of intent for goals for dependent children ..85 Participation in childhood PART V PETITION, ARRAIGNMENT, ADJUDICATION, AND DISPOSITION Petition for dependency ..89 Notice, process, and service ..90 Identity or location of parent unknown; special procedures ..92 Injunction pending disposition of petition; penalty.

5 93 No answer required ..94 Arraignment Adjudicatory hearings; orders of adjudication ..95 Citizenship or residency status for immigrant children who are Relative Caregiver Program ..98 Grandparents rights ..100 Appeal ..101 PART VI DISPOSITION; POSTDISPOSITION CHANGE OF CUSTODY Disposition hearings; powers of disposition ..102 Postdisposition change of custody ..108 Placement in residential group care ..108 Safe-Harbor PART VII CASE PLANS Case plan development ..111 Case plan tasks; services ..113 Case plan amendments ..114 Case planning when parents do not participate and the child is in out-of-home care ..115 Court approvals of case planning ..116 Transition Rilya Wilson Act; short title; legislative intent; requirements; attendance and reporting responsibilities ..117 PART VIII PERMANENCY Permanency determination by the court.

6 119 Permanent guardianship of a dependent child ..121 Permanent placement with a fit and willing relative ..122 Another planned permanent living arrangement ..122 Continuing care for young PART IX JUDICIAL REVIEWS Judicial review ..126 Citizen review panels ..133 Exemptions from judicial review ..134 PART X TERMINATION OF PARENTAL RIGHTS Procedures and jurisdiction; notice; service of process ..135 Petition for termination of parental rights; filing; Identity or location of parent unknown after filing of termination of parental rights petition; special procedures ..137 Penalties for false statements of paternity ..138 No answer required ..138 Requirement to file a petition to terminate parental rights; exceptions ..139 Grounds for termination of parental rights ..139 Right to counsel; guardian ad litem ..142 Advisory hearing; pretrial status conference.

7 143 Adjudicatory hearing ..143 Manifest best interests of the child ..144 Powers of disposition; order of disposition ..145 Postdisposition relief; petition for adoption ..146 Continuing jurisdiction ..147 Oaths, records, and confidential information ..148 Appeal ..149 PART XI GUARDIANS AD LITEM AND GUARDIAN ADVOCATES Qualifications of guardians ad litem ..150 Appointment of guardian ad litem for abused, abandoned, or neglected child ..151 Guardian advocates for drug dependent newborns ..152 Petition for appointment of a guardian advocate ..152 Process and service ..152 Hearing for appointment of a guardian advocate ..153 Grounds for appointment of a guardian advocate ..153 Powers and duties of guardian advocate ..154 Review and removal of guardian advocate ..154 Statewide Guardian Ad Litem Office; legislative findings and intent; creation; appointment of executive director; duties of office.

8 154 County funding for guardian ad litem Guardian ad Litem direct-support PART XII DOMESTIC VIOLENCE Domestic violence cases; treatment and rehabilitation of victims and perpetrators; legislative intent ..158 Duties and functions of the Department with respect to domestic violence ..158 Duties and functions of the coalition with respect to domestic Report to the Legislature on the status of domestic violence cases ..160 Domestic violence centers ..160 Certified domestic violence centers; capital improvement grant program ..162 Referral to centers and notice of rights ..162 Confidentiality of information received by Department or domestic violence center ..163 COMMUNITY BASED CARE Allocation of funds for community-based care lead Lead agency Lead agencies and subcontractor Community-based care lead agencies; Duties of the Department of Children and Child welfare results-oriented accountability INDEPENDENT LIVING Care of Children; quality parenting; reasonable and prudent parent Independent Living Transition Motor vehicle insurance for children in Mandatory payments for eligible Fee LICENSURE Licensure of family foster homes, residential child-caring agencies, and child-placing agencies; public exemptions.

9 187 SEXUAL EXPLOITATION Specialized residential options for children who are victims of sexual Sexually exploited children; screening and assessment; training; case management; task INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN Interstate Compact on the Placement of Financial responsibility for Definitions; Interstate Compact on the Placement of Agreements between party state officers and Court placement of delinquent INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN REGULATIONS Regulation 1 Conversion of Intrastate Placement into Interstate Placement; Relocation of Family Regulation 2 Public Court Jurisdiction Cases: Placement for Public Adoption or Foster Care in Family Settings and/or with Parents, Regulation 3 Definitions and Placement Categories: Applicability and Regulation 4 Residential Regulation 5 Central State Compact Regulation 6 Permission to Place Child: Time Limitations, Regulation 7 Expedited Placement Regulation 8 Change of Placement Regulation 9 Definition of a Regulation 10 Regulation 11 Responsibility of States to Supervise Regulation 12 Private/Independent DETERMINATION OF PARENTAGE Determination of paternity proceedings; Venue, process, hearings.

10 Court orders for support, hospital expenses, and attorney s Filing of location Attorney s fees, suit money, and Jurisdiction retained for future Effect of Default of support Publishing names; Marriage of Establishment of paternity for children born out of Effect of a determination of paternity from a foreign Determining paternity of child with mother under 16 years of age when Criminal penalties for false statements of Presumed status of child conceived by means of artificial or in vitro insemination or donated eggs or Scientific testing to determine Donation of eggs, sperm, or Gestational surrogacy Expedited affirmation of parental status for gestational Disposition of eggs, sperm, or preembryos; rights of Disestablishment of paternity or termination of child support RULES OF JUVENILE PROCEDURE Scope and Electronic Commencement of Proceedings.