Florida 2019 Regular Session Status: In Committee

HB 421 — Proceedings Related to Children

Last action — Laid on Table, companion bill(s) passed, see CS/SB 262 (Ch. 2019-128)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

538 added · 544 removed

538 line(s) added, 544 removed.

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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 CS/HB 421 2019 A bill to be entitled An act relating to proceedings related to children;
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 CS/CS/HB 421 2019 A bill to be entitled An act relating to proceedings related to children;
hb0421-01-c1 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 CS/HB 421 2019 family functioning assessment on the parents and provide copies to all other parties;
hb0421-02-c2 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 CS/CS/HB 421 2019 family functioning assessment on the parents and provide copies to all other parties;
providing an appropriation;
hb0421-01-c1 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 CS/HB 421 2019 Section 1.
hb0421-02-c2 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 CS/CS/HB 421 2019 Section 1.
It is therefore the policy of the Legislature that it is the state's responsibility to ensure that factors impeding the ability of caregivers to fulfill their responsibilities are identified through the dependency process and that appropriate Page 3 of 22 CODING:
It is therefore the policy of the Legislature that it is the state's responsibility to ensure that factors impeding the ability of caregivers to fulfill their responsibilities are identified through the dependency process and that appropriate recommendations and services to address those problems are Page 3 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 recommendations and services to address those problems are considered in any judicial or nonjudicial proceeding.
hb0421-02-c2 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 CS/CS/HB 421 2019 considered in any judicial or nonjudicial proceeding.
Page 4 of 22 CODING:
(a) Periods of delay resulting from a continuance granted Page 4 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 (a) Periods of delay resulting from a continuance granted at the request of the child's counsel or the child's guardian ad litem or, if the child is of sufficient capacity to express reasonable consent, at the request or with the consent of the child.
hb0421-02-c2 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 CS/CS/HB 421 2019 at the request of the child's counsel or the child's guardian ad litem or, if the child is of sufficient capacity to express reasonable consent, at the request or with the consent of the child.
(4)(3) Notwithstanding subsection (3) (2), in order to Page 5 of 22 CODING:
(4)(3) Notwithstanding subsection (3) (2), in order to expedite permanency for a child, the total time allowed for Page 5 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 expedite permanency for a child, the total time allowed for continuances or extensions of time, including continuances or extensions by the court on its own motion, may not exceed 60 days within any 12-month period for proceedings conducted under this chapter.
hb0421-02-c2 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 CS/CS/HB 421 2019 continuances or extensions of time, including continuances or extensions by the court on its own motion, may not exceed 60 days within any 12-month period for proceedings conducted under this chapter.
1.(a) Periods of delay resulting from a continuance granted at the request or with the consent of the child's counsel or the child's guardian ad litem, if one has been appointed by the court, or, if the child is of sufficient capacity to express reasonable consent, at the request or with the consent of the child's attorney or the child's guardian ad Page 6 of 22 CODING:
1.(a) Periods of delay resulting from a continuance granted at the request or with the consent of the child's counsel or the child's guardian ad litem, if one has been appointed by the court, or, if the child is of sufficient capacity to express reasonable consent, at the request or with the consent of the child's attorney or the child's guardian ad litem, if one has been appointed by the court, and the child.
Page 6 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 litem, if one has been appointed by the court, and the child.
hb0421-02-c2 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 CS/CS/HB 421 2019 2.(b) Periods of delay resulting from a continuance granted at the request of any party, if the continuance is granted:
2.(b) Periods of delay resulting from a continuance granted at the request of any party, if the continuance is granted:
(b)(e) Notwithstanding paragraph (a), the foregoing, Page 7 of 22 CODING:
(b)(e) Notwithstanding paragraph (a), the foregoing, continuances and extensions of time are limited to the number of Page 7 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 continuances and extensions of time are limited to the number of days absolutely necessary to complete a necessary task in order to preserve the rights of a party or the best interests of a child.
hb0421-02-c2 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 CS/CS/HB 421 2019 days absolutely necessary to complete a necessary task in order to preserve the rights of a party or the best interests of a child.
The parents' or legal custodians' participation in the Page 8 of 22 CODING:
The parents' or legal custodians' participation in the services shall not be considered an admission or other Page 8 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 services shall not be considered an admission or other acknowledgment of the allegations in the shelter petition.
hb0421-02-c2 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 CS/CS/HB 421 2019 acknowledgment of the allegations in the shelter petition.
orders of adjudication.— (7) (c) If a court adjudicates a child dependent and the child Page 9 of 22 CODING:
orders of adjudication.— (7) (c) If a court adjudicates a child dependent and the child is in out-of-home care, the court shall inquire of the parent or Page 9 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 is in out-of-home care, the court shall inquire of the parent or parents whether the parents have relatives who might be considered as a placement for the child.
hb0421-02-c2 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 CS/CS/HB 421 2019 parents whether the parents have relatives who might be considered as a placement for the child.
powers of disposition.— Page 10 of 22 CODING:
powers of disposition.— (1) A disposition hearing shall be conducted by the court, Page 10 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 (1) A disposition hearing shall be conducted by the court, if the court finds that the facts alleged in the petition for dependency were proven in the adjudicatory hearing, or if the parents or legal custodians have consented to the finding of dependency or admitted the allegations in the petition, have failed to appear for the arraignment hearing after proper notice, or have not been located despite a diligent search having been conducted.
hb0421-02-c2 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 CS/CS/HB 421 2019 if the court finds that the facts alleged in the petition for dependency were proven in the adjudicatory hearing, or if the parents or legal custodians have consented to the finding of dependency or admitted the allegations in the petition, have failed to appear for the arraignment hearing after proper notice, or have not been located despite a diligent search having been conducted.
Not less than 72 hours before the case plan acceptance hearing, if the disposition hearing occurs before the 60th day after the date the child was placed in out-of-home care and a case plan has not been submitted pursuant to this paragraph, or if the court does not approve the case plan at the disposition Page 11 of 22 CODING:
Not less than 72 hours before the case plan acceptance hearing, if the disposition hearing occurs before the 60th day after the date the child was placed in out-of-home care and a case plan has not been submitted pursuant to this paragraph, or if the court does not approve the case plan at the disposition hearing.
The case plan acceptance hearing must occur within 30 Page 11 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 hearing.
hb0421-02-c2 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 CS/CS/HB 421 2019 days after the disposition hearing to review and approve the case plan.
The case plan acceptance hearing must occur within 30 days after the disposition hearing to review and approve the case plan.
The standard for changing custody of the child shall be the best interest of Page 12 of 22 CODING:
The standard for changing custody of the child shall be the best interest of the child.
When applying this standard, the court shall consider Page 12 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 the child.
hb0421-02-c2 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 CS/CS/HB 421 2019 the continuity of the child's placement in the same out-of-home residence as a factor when determining the best interests of the child.
When applying this standard, the court shall consider the continuity of the child's placement in the same out-of-home residence as a factor when determining the best interests of the child.
If a child has not been removed from a parent, but is Page 13 of 22 CODING:
If a child has not been removed from a parent, but is found to be dependent, even if adjudication of dependency is Page 13 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 found to be dependent, even if adjudication of dependency is withheld, the court may leave the child in the current placement with maintaining and strengthening the placement as a permanency option.
hb0421-02-c2 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 CS/CS/HB 421 2019 withheld, the court may leave the child in the current placement with maintaining and strengthening the placement as a permanency option.
Page 14 of 22 CODING:
2.
The parent must notify the parties and the court of Page 14 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 2.
hb0421-02-c2 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 CS/CS/HB 421 2019 barriers to completing case plan tasks within a reasonable time after discovering such barriers if the parties are not actively working to overcome them.
The parent must notify the parties and the court of barriers to completing case plan tasks within a reasonable time after discovering such barriers if the parties are not actively working to overcome them.
(4) Before signing the case plan, the department shall explain the provisions of the plan to all persons involved in Page 15 of 22 CODING:
(4) Before signing the case plan, the department shall explain the provisions of the plan to all persons involved in its implementation, including, when appropriate, the child.
The Page 15 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 its implementation, including, when appropriate, the child.
hb0421-02-c2 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 CS/CS/HB 421 2019 department shall ensure that the parent has contact information for all entities necessary to complete the tasks in the plan.
The department shall ensure that the parent has contact information for all entities necessary to complete the tasks in the plan.
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(c)(b) After the case plan has been agreed upon and signed Page 16 of 22 CODING:
(c)(b) After the case plan has been agreed upon and signed by the parties, a copy of the plan must be given immediately to Page 16 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 by the parties, a copy of the plan must be given immediately to the parties, including the child if appropriate, and to other persons as directed by the court.
hb0421-02-c2 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 CS/CS/HB 421 2019 the parties, including the child if appropriate, and to other persons as directed by the court.
(b) The case plan must describe each of the tasks with which the parent must comply and the services to be provided to Page 17 of 22 CODING:
(b) The case plan must describe each of the tasks with which the parent must comply and the services to be provided to the parent, specifically addressing the identified problem, Page 17 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 the parent, specifically addressing the identified problem, including:
hb0421-02-c2 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 CS/CS/HB 421 2019 including:
39.6013 Case plan amendments.— Page 18 of 22 CODING:
39.6013 Case plan amendments.— (8) Amendments must include service interventions that are Page 18 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 (8) Amendments must include service interventions that are the least intrusive into the life of the parent and child, must focus on clearly defined objectives, and must provide the most efficient path to quick reunification or permanent placement given the circumstances of the case and the child's need for safe and proper care.
hb0421-02-c2 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 CS/CS/HB 421 2019 the least intrusive into the life of the parent and child, must focus on clearly defined objectives, and must provide the most efficient path to quick reunification or permanent placement given the circumstances of the case and the child's need for safe and proper care.
(b) At the hearing, the parent must demonstrate that the safety, well-being, and physical, mental, and emotional health Page 19 of 22 CODING:
(b) At the hearing, the parent must demonstrate that the safety, well-being, and physical, mental, and emotional health of the child is not endangered by the modification.
Page 19 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 of the child is not endangered by the modification.
hb0421-02-c2 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 CS/CS/HB 421 2019 (c)(11) The court shall base its decision concerning any motion by a parent for reunification or increased contact with a child on the effect of the decision on the safety, well-being, and physical, mental, and emotional health of the child.
(c)(11) The court shall base its decision concerning any motion by a parent for reunification or increased contact with a child on the effect of the decision on the safety, well-being, and physical, mental, and emotional health of the child.
Page 20 of 22 CODING:
1.
The child continues to be abused, neglected, or Page 20 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 1.
hb0421-02-c2 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 CS/CS/HB 421 2019 abandoned by the parent or parents.
The child continues to be abused, neglected, or abandoned by the parent or parents.
The child has been in care for any 12 of the last 22 months and the parents have not substantially complied with the Page 21 of 22 CODING:
The child has been in care for any 12 of the last 22 months and the parents have not substantially complied with the case plan so as to permit reunification under s.
39.522(2) Page 21 of 22 CODING:
hb0421-01-c1 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 CS/HB 421 2019 case plan so as to permit reunification under s.
hb0421-02-c2 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 CS/CS/HB 421 2019 unless the failure to substantially comply with the case plan was due to the parent's lack of financial resources or to the failure of the department to make reasonable efforts to reunify the parent and child.
39.522(2) unless the failure to substantially comply with the case plan was due to the parent's lack of financial resources or to the failure of the department to make reasonable efforts to reunify the parent and child.
For the 2019-2020 fiscal year, the nonrecurring sum of $210,000 from the Welfare Transition Trust Fund is appropriated to the Department of Children and Families for technology modifications for the purpose of implementing this act.
Section 15.
hb0421-01-c1
hb0421-02-c2
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Action History

  1. Laid on Table, companion bill(s) passed, see CS/SB 262 (Ch. 2019-128)

  2. Placed on Calendar

  3. CS/CS by Health and Human Services Committee read 1st time

  4. Pending review of CS -under Rule 7.18(c)

  5. CS/CS by- Health and Human Services Committee; YEAS 17 NAYS 0

  6. On Committee agenda-- Health and Human Services Committee, 04/16/19, 2:00 pm, Morris Hall

  7. Now in Health and Human Services Committee

  8. CS by Appropriations Committee read 1st time

  9. Pending review of CS under Rule 7.18(c)

  10. CS by Appropriations Committee; YEAS 28 NAYS 0

  11. On Committee agenda-- Appropriations Committee, 04/02/19, 3:30 pm, Webster Hall

  12. Introduced

  13. Now in Appropriations Committee

  14. Favorable by Children, Families and Seniors Subcommittee; YEAS 15 NAYS 0

  15. On Committee agenda-- Children, Families and Seniors Subcommittee, 02/20/19, 9:00 am, 12 HOB

  16. Referred to Children, Families and Seniors Subcommittee; Appropriations Committee; Health and Human Services Committee

  17. Filed

Sponsors

  • Roach · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Roach

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable With Committee Substitute (Health & Human Services Committee)

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11001
Republican 5000
Democrat 1000
Total 17001
% of votes cast 94%0%0%6%
How each member voted (18)
Member Party Vote
Brown — Yea
Duran — Yea
Magar — Yea
Pigman — Yea
Ponder — Yea
Stevenson — Yea
Cortes, J. — Yea
Goff-Marcil — Yea
Grant, M. — Yea
Roach — Yea
Rodrigues, R. — Yea
Slosberg — Not Voting
Jones, Shevrin D. "Shev" Democrat Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Plakon, Rachel Saunders Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable With Committee Substitute (Appropriations Committee)

Passed 28 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 20001
Republican 7000
Democrat 1000
Total 28001
% of votes cast 97%0%0%3%
How each member voted (29)
Member Party Vote
Byrd — Yea
Cummings — Yea
Diamond — Yea
DuBose — Yea
Duran — Yea
Eagle — Yea
Fine — Yea
Geller — Yea
Jacobs — Yea
Jenne — Yea
Magar — Yea
McGhee — Yea
Pigman — Yea
Renner — Yea
Sprowls — Not Voting
Williamson — Yea
Latvala — Yea
Raschein — Yea
Rodrigues, R. — Yea
Watson, B. — Yea
La Rosa — Yea
Smith, Carlos Guillermo Democrat Yea
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Stark, Paula A. Republican Yea
Trumbull, Jay Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable (Children, Families & Seniors Subcommittee)

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democrat 1000
Republican 3000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Ausley — Yea
Newton — Yea
Ponder — Yea
Roth — Yea
Stevenson — Yea
Polo — Yea
Roach — Yea
Clemons — Yea
Cortes, J. — Yea
Fernandez-Barquin — Yea
Fetterhoff — Yea
Polsky, Tina Scott Democrat Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Duggan, Wyman Republican Yea
Smith, David Republican Yea

Official roll call →

Subjects

civil-rights education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 421?
HB 421 is sponsored by Roach.
What is the current status of HB 421?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 421?
Track HB 421 free on One Click Politics — get push/email alerts when it moves.

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