Florida Senate - 2015 CS for CS for CS for SB 496 By the Committees on Appropriations; Judiciary; and Children, Families, and Elder Affairs; and Senator Detert 576-04242-15 2015496c3 1 A bill to be entitled 2 An act relating to guardians; providing a short title; 3 amending s. 39.6251, F.S.; requiring the court at the 4 permanency review hearing to review the necessity of 5 continuing guardianship and whether restoration of 6 guardianship proceedings are needed when a young adult 7 reaches a certain age under certain circumstances; 8 amending s. 39.701, F.S.; requiring that, for a child 9 meeting certain requirements, the updated case plan be 10 developed in a face-to-face conference with specified 11 persons; requiring the Department of Children and 12 Families to take specified actions at the judicial 13 review hearing if the court makes certain 14 determinations; requiring the department to provide 15 documentation and information to a petitioner under 16 certain circumstances; requiring certain proceedings 17 to be conducted separately; expanding the 18 circumstances under which a court, after making 19 certain findings, may issue an order directing the 20 department to show cause; amending s. 393.12, F.S.; 21 providing that the guardianship court has jurisdiction 22 over proceedings for appointment of a guardian 23 advocate if petitions are filed for certain minors who 24 are subject to a proceeding under ch. 39, F.S., if 25 such minors have attained a specified age; providing 26 that such minors have the same due process rights as 27 certain adults; providing requirements for when an 28 order appointing a guardian advocate must be issued; 29 requiring that proceedings seeking appointment of a 30 guardian advocate for certain minors be conducted in 31 separate proceedings; amending s. 744.301, F.S.; 32 providing that if a child is subject to proceedings 33 under ch. 39, F.S., the parents may act as natural 34 guardians unless the dependency or probate court finds 35 that it is not in the child’s best interests or their 36 parental rights have been terminated; amending s. 37 744.3021, F.S.; requiring the guardianship court to 38 initiate proceedings for appointment of guardians for 39 certain minors who are subject to proceedings under 40 ch. 39, F.S., if petitions are filed and if such 41 minors have reached a specified age; providing that 42 certain minors have the same due process rights as 43 certain adults; providing requirements for when an 44 order of adjudication and letters of limited or 45 plenary guardianship may be issued; requiring that 46 proceedings seeking appointment of a guardian advocate 47 for certain minors be conducted in separate 48 proceedings; providing an effective date. 49 50 Be It Enacted by the Legislature of the State of Florida: 51 52 Section 1. This act may be cited as “The Regis Little Act 53 to Protect Children with Special Needs.” 54 Section 2. Subsection (8) of section 39.6251, Florida 55 Statutes, is amended to read: 56 39.6251 Continuing care for young adults.— 57 (8) During the time that a young adult is in care, the 58 court shall maintain jurisdiction to ensure that the department 59 and the lead agencies are providing services and coordinate 60 with, and maintain oversight of, other agencies involved in 61 implementing the young adult’s case plan, individual education 62 plan, and transition plan. The court shall review the status of 63 the young adult at least every 6 months and hold a permanency 64 review hearing at least annually. If the young adult has been 65 appointed a guardian under chapter 744 or a guardian advocate 66 under s. 393.12, the court shall review at the permanency review 67 hearing the necessity of continuing the guardianship and whether 68 restoration of guardianship proceedings are needed when the 69 young adult reaches 22 years of age. The court may appoint a 70 guardian ad litem or continue the appointment of a guardian ad 71 litem with the young adult’s consent. The young adult or any 72 other party to the dependency case may request an additional 73 hearing or review. 74 Section 3. Paragraphs (b) and (c) of subsection (3) of 75 section 39.701, Florida Statutes, are amended to read: 76 39.701 Judicial review.— 77 (3) REVIEW HEARINGS FOR CHILDREN 17 YEARS OF AGE.— 78 (b) At the first judicial review hearing held subsequent to 79 the child’s 17th birthday, the department shall provide the 80 court with an updated case plan that includes specific 81 information related to the independent living skills that the 82 child has acquired since the child’s 13th birthday, or since the 83 date the child came into foster care, whichever came later. 84 1. For any child that may meet the requirements for 85 appointment of a guardian pursuant to chapter 744 or a guardian 86 advocate pursuant to s. 393.12, the updated case plan must be 87 developed in a face-to-face conference with the child, if 88 appropriate; the child’s attorney; any court-appointed guardian 89 ad litem; the temporary custodian of the child; and the parent, 90 if the parent’s rights have not been terminated. 91 2. At the judicial review hearing, if the court determines 92 pursuant to the requirements of chapter 744 that there is a good 93 faith basis to believe that the child qualifies for appointment 94 of a guardian advocate, limited guardian, or plenary guardian 95 and that no less restrictive decisionmaking assistance will meet 96 the child’s needs: 97 a. The department shall complete a multidisciplinary 98 report, which must include, but is not limited to, a 99 psychosocial evaluation and educational report if such a report 100 has not been completed within the previous 2 years. 101 b. The department shall identify one or more individuals 102 who are willing to serve as the guardian advocate pursuant to s. 103 393.12 or as the plenary or limited guardian pursuant to chapter 104 744. Any other interested parties or participants may make 105 efforts to identify such a guardian advocate, limited guardian, 106 or plenary guardian. A child’s biological or adoptive family 107 member, including the child’s parent if the parent’s rights have 108 not been terminated, may not be considered for service as the 109 plenary or limited guardian unless the court enters a written 110 order finding that such an appointment is in the child’s best 111 interests. 112 c. Proceedings may be initiated within 6 months after the 113 child’s 17th birthday for the appointment of a guardian 114 advocate, plenary guardian, or limited guardian for the child in 115 a separate proceeding in the division of the court with proper 116 jurisdiction over guardianship matters and pursuant to chapter 117 744. The Legislature encourages the use of pro bono 118 representation to initiate proceedings under this section. 119 3. In the event another interested party or participant 120 initiates proceedings for the appointment of a guardian 121 advocate, plenary guardian, or limited guardian for the child, 122 the department shall provide all necessary documentation and 123 information to the petitioner to complete a petition under 124 chapter 393 or chapter 744 within 45 days after the first 125 judicial review hearing after the child’s 17th birthday. 126 4. Any proceedings seeking appointment of a guardian 127 advocate or a determination of incapacity and the appointment of 128 a guardian must be conducted in a separate proceeding in the 129 division of the court with jurisdiction over guardianship 130 matters and pursuant to chapter 744. 131 (c) If the court finds at the judicial review hearing that 132 the department has not met its obligations to the child as 133 stated in this part, in the written case plan, or in the 134 provision of independent living services, the court may issue an 135 order directing the department to show cause as to why it has 136 not done so. If the department cannot justify its noncompliance, 137 the court may give the department 30 days within which to 138 comply. If the department fails to comply within 30 days, the 139 court may hold the department in contempt. 140 Section 4. Paragraph (c) is added to subsection (2) of 141 section 393.12, Florida Statutes, to read: 142 393.12 Capacity; appointment of guardian advocate.— 143 (2) APPOINTMENT OF A GUARDIAN ADVOCATE.— 144 (c) If a petition is filed pursuant to this section 145 requesting appointment of a guardian advocate for a minor who is 146 the subject of any proceeding under chapter 39, the division of 147 the court with jurisdiction over guardianship matters has 148 jurisdiction over the proceedings pursuant to this section when 149 the minor reaches the age of 17 years and 6 months or anytime 150 thereafter. The minor shall be provided all the due process 151 rights conferred upon an alleged developmentally disabled adult 152 pursuant to this chapter. The order of appointment of a guardian 153 advocate under this section shall be issued upon the minor’s 154 18th birthday or as soon thereafter as possible. Any proceeding 155 pursuant to this paragraph shall be conducted separately from 156 any other proceeding. 157 Section 5. Subsection (1) of section 744.301, Florida 158 Statutes, is amended to read: 159 744.301 Natural guardians.— 160 (1) The parents jointly are the natural guardians of their 161 own children and of their adopted children, during minority, 162 unless the parents’ parental rights have been terminated 163 pursuant to chapter 39. If a child is the subject of any 164 proceeding under chapter 39, the parents may act as natural 165 guardians under this section unless the dependency or probate 166 court finds that it is not in the child’s best interests. If one 167 parent dies, the surviving parent remains the sole natural 168 guardian even if he or she remarries. If the marriage between 169 the parents is dissolved, the natural guardianship belongs to 170 the parent to whom sole parental responsibility has been 171 granted, or if the parents have been granted shared parental 172 responsibility, both continue as natural guardians. If the 173 marriage is dissolved and neither parent is given parental 174 responsibility for the child, neither may act as natural 175 guardian of the child. The mother of a child born out of wedlock 176 is the natural guardian of the child and is entitled to primary 177 residential care and custody of the child unless the court 178 enters an order stating otherwise. 179 Section 6. Subsection (1) of section 744.3021, Florida 180 Statutes, is amended, and subsection (4) is added to that 181 section, to read: 182 744.3021 Guardians of minors.— 183 (1) Except as provided in subsection (4), upon petition of 184 a parent, brother, sister, next of kin, or other person 185 interested in the welfare of a minor, a guardian for a minor may 186 be appointed by the court without the necessity of adjudication 187 pursuant to s. 744.331. A guardian appointed for a minor, 188 whether of the person or property, has the authority of a 189 plenary guardian. 190 (4) If a petition is filed pursuant to this section 191 requesting appointment of a guardian for a minor who is the 192 subject of any proceeding under chapter 39 and who is aged 17 193 years and 6 months or older, the division of the court with 194 jurisdiction over guardianship matters has jurisdiction over the 195 proceedings under s. 744.331. The alleged incapacitated minor 196 under this subsection shall be provided all the due process 197 rights conferred upon an alleged incapacitated adult pursuant to 198 this chapter and applicable court rules. The order of 199 adjudication under s. 744.331 and the letters of limited or 200 plenary guardianship may be issued upon the minor’s 18th 201 birthday or as soon thereafter as possible. Any proceeding 202 pursuant to this subsection shall be conducted separately from 203 any other proceeding. 204 Section 7. This act shall take effect July 1, 2015.