THE BILL ITSELF
HB 435
Placement of Child in Certified Domestic Violence Center
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A bill to be entitled
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An act relating to placement of a child in a certified
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domestic violence center; amending s. 39.01, F.S.;
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revising the definition of the term "shelter";
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amending s. 39.4021, F.S.; providing that a certified
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domestic violence center may be considered a placement
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priority for a child; amending s. 39.521, F.S.;
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providing that the Department of Children and Families
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does not have to provide a home study to the court if
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placing a child in a certified domestic violence
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center; authorizing the court to place a child and his
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or her proposed legal custodian in a certified
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domestic violence center under certain circumstances;
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amending s. 63.092, F.S.; providing that placement of
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a minor in a certified domestic violence center
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constitutes an at-risk placement; authorizing a
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certified domestic violence center to serve as a
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temporary legal residence for a minor; waiving
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preliminary home study requirements under certain
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circumstances; providing that the department is not
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required to conduct an in-person home study of the
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certified domestic violence center under certain
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circumstances; providing construction; prohibiting the
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department from compelling a minor to return to a
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previously approved residence if certain conditions
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are met; requiring the court to consider the totality
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of the circumstances and not make certain assumptions;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (81) of section 39.01, Florida
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Statutes, is amended to read:
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39.01 Definitions.—When used in this chapter, unless the
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context otherwise requires:
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(81) "Shelter" means a placement with a relative or a
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nonrelative, or in a licensed home or facility, or in a domestic
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violence center certified under part XII of this chapter for the
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temporary care of a child who is alleged to be or who has been
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found to be dependent, pending court disposition before or after
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adjudication.
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Section 2. Paragraph (a) of subsection (2) of section
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39.4021, Florida Statutes, is amended to read:
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39.4021 Priority placement for out-of-home placements.—
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(2) PLACEMENT PRIORITY.—
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(a) When a child cannot safely remain at home with a
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parent, out-of-home placement options must be considered in the
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following order:
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1. Nonoffending parent.
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2. Relative caregiver.
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3. Adoptive parent of the child's sibling, when the
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department or community-based care lead agency is aware of such
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sibling.
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4. Fictive kin with a close existing relationship to the
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child.
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5. Nonrelative caregiver that does not have an existing
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relationship with the child.
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6. Licensed foster care.
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7. Group or congregate care.
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8. A domestic violence center certified under part XII of
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this chapter.
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Section 3. Paragraph (o) of subsection (2) and subsection
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(3) of section 39.521, Florida Statutes, are amended to read:
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39.521 Disposition hearings; powers of disposition.—
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(2) The family functioning assessment must provide the
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court with the following documented information:
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(o) If the child has been removed from the home and will
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be remaining with a relative, parent, or other adult approved by
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the court, a home study report concerning the proposed placement
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must shall be provided to the court. Before recommending to the
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court any out-of-home placement for a child other than placement
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in a licensed shelter or foster home or domestic violence center
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certified under part XII of this chapter, the department shall
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conduct a study of the home of the proposed legal custodians,
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which must include, at a minimum:
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1. An interview with the proposed legal custodians to
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assess their ongoing commitment and ability to care for the
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child.
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2. Records checks through the State Automated Child
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Welfare Information System (SACWIS), and local and statewide
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criminal and juvenile records checks through the Department of
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Law Enforcement, on all household members 12 years of age or
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older. In addition, the fingerprints of any household members
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who are 18 years of age or older may be submitted to the
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Department of Law Enforcement for processing and forwarding to
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the Federal Bureau of Investigation for state and national
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criminal history information. The department has the discretion
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to request State Automated Child Welfare Information System
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(SACWIS) and local, statewide, and national criminal history
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checks and fingerprinting of any other visitor to the home who
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is made known to the department. Out-of-state criminal records
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checks must be initiated for any individual who has resided in a
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state other than Florida if that state's laws allow the release
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of these records. The out-of-state criminal records must be
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filed with the court within 5 days after receipt by the
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department or its agent.
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3. An assessment of the physical environment of the home.
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4. A determination of the financial security of the
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proposed legal custodians.
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5. A determination of suitable child care arrangements if
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the proposed legal custodians are employed outside of the home.
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6. Documentation of counseling and information provided to
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the proposed legal custodians regarding the dependency process
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and possible outcomes.
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7. Documentation that information regarding support
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services available in the community has been provided to the
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proposed legal custodians.
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8. The reasonable preference of the child, if the court
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deems the child to be of sufficient intelligence, understanding,
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and experience to express a preference.
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The department may not place the child or continue the placement
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of the child in a home under shelter or postdisposition
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placement if the results of the home study are unfavorable,
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unless the court finds that this placement is in the child's
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best interest.
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Any other relevant and material evidence, including other
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written or oral reports, may be received by the court in its
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effort to determine the action to be taken with regard to the
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child and may be relied upon to the extent of its probative
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value, even though not competent in an adjudicatory hearing.
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Except as otherwise specifically provided, nothing in this
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section prohibits the publication of proceedings in a hearing.
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(3) When any child is adjudicated by a court to be
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dependent, the court shall determine the appropriate placement
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for the child as follows:
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(a) If the court determines that the child can safely
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remain in the home with the parent with whom the child was
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residing at the time the events or conditions arose that brought
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the child within the jurisdiction of the court and that
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remaining in this home is in the best interest of the child,
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then the court shall order conditions under which the child may
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remain or return to the home and that this placement be under
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the protective supervision of the department for not less than 6
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months.
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(b) If there is a parent with whom the child was not
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residing at the time the events or conditions arose that brought
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the child within the jurisdiction of the court who desires to
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assume custody of the child, the court shall place the child
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with that parent upon completion of a home study, unless the
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court finds that such placement would endanger the safety, well-
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being, or physical, mental, or emotional health of the child.
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Any party with knowledge of the facts may present to the court
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evidence regarding whether the placement will endanger the
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safety, well-being, or physical, mental, or emotional health of
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the child. If the court places the child with such parent, it
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may do either of the following:
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1. Order that the parent assume sole custodial
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responsibilities for the child. The court may also provide for
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reasonable visitation by the noncustodial parent. The court may
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then terminate its jurisdiction over the child.
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2. Order that the parent assume custody subject to the
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jurisdiction of the circuit court hearing dependency matters.
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The court may order that reunification services be provided to
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the parent from whom the child has been removed, that services
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be provided solely to the parent who is assuming physical
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custody in order to allow that parent to retain later custody
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without court jurisdiction, or that services be provided to both
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parents, in which case the court shall determine at every review
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hearing which parent, if either, shall have custody of the
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child. The standard for changing custody of the child from one
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parent to another or to a relative or another adult approved by
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the court shall be the best interest of the child.
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(c) If the court determines that the child can safely
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remain with a parent, relative, or other adult approved by the
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court but that it is not safe for the child to reside in the
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same home as the child was residing at the time the events or
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conditions arose that brought the child within the jurisdiction
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of the court, the court may place the child and parent,
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relative, or other adult approved by the court in a domestic
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violence center certified under part XII of this chapter if all
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of the following conditions are met:
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1. The parent, relative, or other adult approved by the
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court is fleeing domestic violence.
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2. The domestic violence center is certified and meets the
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licensing standards of part XII of this chapter.
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3. The department is notified within 24 hours after
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placement of the child in a certified domestic violence center.
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4. The certified domestic violence center coordinates with
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the department to provide necessary updates to the department
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and to coordinate access to the child for case management
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purposes.
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(d)(c) If no fit parent is willing or available to assume
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care and custody of the child, place the child in the temporary
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legal custody of an adult relative, the adoptive parent of the
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child's sibling, or another adult approved by the court who is
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willing to care for the child, under the protective supervision
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of the department. The department must supervise this placement
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until the child reaches permanency status in this home, and in
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no case for a period of less than 6 months. Permanency in a
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relative placement shall be by adoption, long-term custody, or
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guardianship.
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(e)(d) If the child cannot be safely placed in a
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nonlicensed placement, the court shall commit the child to the
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temporary legal custody of the department. Such commitment
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invests in the department all rights and responsibilities of a
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legal custodian. The department shall not return any child to
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the physical care and custody of the person from whom the child
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was removed, except for court-approved visitation periods,
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without the approval of the court. Any order for visitation or
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other contact must conform to the provisions of s. 39.0139. The
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term of such commitment continues until terminated by the court
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or until the child reaches the age of 18. After the child is
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committed to the temporary legal custody of the department, all
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further proceedings under this section are governed by this
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chapter.
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Protective supervision continues until the court terminates it
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or until the child reaches the age of 18, whichever date is
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first. Protective supervision shall be terminated by the court
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whenever the court determines that permanency has been achieved
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for the child, whether with a parent, another relative, or a
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legal custodian, and that protective supervision is no longer
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needed. The termination of supervision may be with or without
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retaining jurisdiction, at the court's discretion, and shall in
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either case be considered a permanency option for the child. The
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order terminating supervision by the department shall set forth
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the powers of the custodian of the child and shall include the
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powers ordinarily granted to a guardian of the person of a minor
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unless otherwise specified. Upon the court's termination of
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supervision by the department, no further judicial reviews are
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required, so long as permanency has been established for the
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child.
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Section 4. Subsection (2) of section 63.092, Florida
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Statutes, is amended and subsection (4) is added to that
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section, to read:
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63.092 Report to the court of intended placement by an
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adoption entity; at-risk placement; preliminary study.—
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(2) AT-RISK PLACEMENT.—If the minor is placed in the
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prospective adoptive home or in a certified domestic violence
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center before the parental rights of the minor's parents are
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terminated under s. 63.089, the placement is an at-risk
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placement. If the placement is an at-risk placement in a
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prospective adoptive home, the prospective adoptive parents must
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acknowledge in writing before the minor may be placed in the
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prospective adoptive home that the placement is at risk. The
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prospective adoptive parents must shall be advised by the
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adoption entity, in writing, that the minor is subject to
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removal from the prospective adoptive home by the adoption
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entity or by court order at any time before prior to the
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finalization of the adoption.
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(4) DOMESTIC VIOLENCE EMERGENCIES.—
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(a) In an emergency domestic violence situation, a
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domestic violence center certified under part XII of chapter 39
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may serve as a temporary legal residence for a minor. The
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preliminary home study required under subsection (3) is
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temporarily waived as long as all of the following conditions
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are met:
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1. A preliminary home study of the certified domestic
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violence center is initiated within 15 business days after the
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minor begins residing at such center.
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2. The minor's placement at the certified domestic
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violence center is documented as an at-risk placement under
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subsection (2).
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3. Final approval of the minor's placement is completed
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within 30 days after the minor begins residing at the certified
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domestic violence center.
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(b)1. The department is not required to conduct an in-
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person home study of the certified domestic violence center and
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instead may:
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a. Rely on the certification of the domestic violence
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center as a measure for baseline safety compliance; or
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b. Accept a signed affidavit from the board of directors
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of the certified domestic violence center verifying appropriate
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living conditions for and supervision of the minor within such
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center.
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2. Compliance with subparagraph 1. constitutes a modified
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safety assessment and satisfies all statutory requirements for
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safety assessments.
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(c) The existence of an approved preliminary home study
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does not, by itself, constitute grounds for overriding the
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placement of a minor in a certified domestic violence center.
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The department may not compel a minor to return to a previously
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approved residence if all of the following occur:
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1. The parent, relative, or other adult with which the
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court approved the minor to be placed is fleeing domestic
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violence.
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2. The domestic violence center is certified and meets the
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licensing standards of part XII of chapter 39.
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3. The board of directors of the certified domestic
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violence center affirms that placement of the minor within the
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care of such center is appropriate.
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(d) The court shall consider the totality of the
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circumstances, including any risk of harm to the minor, and may
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not presume that a previously approved home is preferable solely
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because it received a favorable preliminary home study.
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Section 5. This act shall take effect upon becoming a law.