Florida 2021 Regular Session Status: In Committee

SB 1920 — Child Welfare

Last action — Died in Appropriations

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

This bill died with 2021 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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.

Summary

Child Welfare; Specifying circumstances under which a court is required, on or after a specified date, to appoint a guardian ad litem; renaming the Guardian Ad Litem Qualifications Committee as the Child Well-Being Qualifications Committee; specifying that the executive director of the Statewide Guardian Ad Litem Office may be reappointed; creating the Statewide Office of Child Representation within the Justice Administration Commission; specifying when the court is authorized or required to appoint an attorney for the child; requiring the court to appoint the Statewide Office of Child Representation, etc.

Bill Text

What changed in the latest version

1702 added · 1752 removed

1702 line(s) added, 1752 removed.

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Florida Senate - 2021 SB 1920 By Senator Book 32-01535B-21 20211920__ A bill to be entitled An act relating to child welfare;
Florida Senate - 2021 CS for SB 1920 By the Committee on Children, Families, and Elder Affairs;
and Senator Book 586-03266-21 20211920c1 A bill to be entitled An act relating to child welfare;
amending s.
amending ss.
39.013, F.S.;
39.013 and 39.01305, F.S.;
prohibiting the office from assigning such guardians;
requiring the court to appoint the Statewide Office of Child Representation;
providing for the appointment of private counsel when the office has a conflict of interest;
requiring an attorney for the child to be compensated and have access to funding for expenses with specified conditions;
providing for appellate representation;
providing for the scope of representation for court-appointed counsel;
28.345, 39.001, 39.00145, 39.0132, 39.0139, 39.202, 39.302, 39.402, 39.407, 39.4085, 39.502, 39.521, 39.523, 39.6011, 39.6012, 39.6251, 39.701, 39.702, 39.801, 39.802, 39.808, 39.810, 39.811, 39.812, 39.815, 43.16, 63.082, 63.085, 322.09, 394.495, 627.746, 934.255, and 960.065, F.S.;
28.345, 39.001, 39.00145, 39.0132, 39.0139, 39.202, 39.302, 39.402, 39.407, 39.4085, 39.502, 39.521, 39.523, 39.6011, 39.6012, 39.6251, 39.701, 39.702, 39.801, 39.802, 39.808, 39.810, 39.811, 39.812, 43.16, 63.085, 322.09, 394.495, 627.746, 934.255, and 960.065, F.S.;
85 Be It Enacted by the Legislature of the State of Florida:
91 Be It Enacted by the Legislature of the State of Florida:
87 Section 1. Present subsections (9) through (87) of section 39.01, Florida Statutes, are redesignated as subsections (10) through (88), respectively, a new subsection (9) is added to that section, and present subsections (10) and (37) are amended, to read:
93 Section 1. Present subsections (9) through (87) of section 39.01, Florida Statutes, are redesignated as subsections (10) through (88), respectively, a new subsection (9) is added to that section, and present subsections (10) and (37) are amended, to read:
Section 2. Subsection (11) of section 39.013, Florida Statutes, is amended, and subsection (13) is added to that section, to read:
Section 2. Subsection (13) is added to section 39.013, Florida Statutes, to read:
right to counsel.— (11) The court shall encourage the Statewide Guardian Ad Litem Office or the Statewide Office of Child Representation, as applicable, to provide greater representation to those children who are within 1 year of transferring out of foster care.
right to counsel.— (13) The court shall appoint an attorney for the child pursuant to s.
(13) An attorney for the child shall be appointed pursuant to s.
Section 3. Part XI of chapter 39, Florida Statutes, entitled “GUARDIANS AD LITEM AND GUARDIAN ADVOCATES,” is renamed “GUARDIANS AD LITEM, GUARDIAN ADVOCATES, AND ATTORNEY FOR THE CHILD.” Section 4. Subsection (3) is added to section 39.820, Florida Statutes, to read:
Section 3. Subsections (4) and (5) of section 39.01305, Florida Statutes, are amended to read:
39.01305 Appointment of an attorney for a dependent child with certain special needs.— (4)(a) An attorney for the child appointed under this section shall be made in accordance with s.
39.831 Before a court may appoint an attorney, who may be compensated pursuant to this section, the court must request a recommendation from the Statewide Guardian Ad Litem Office for an attorney who is willing to represent a child without additional compensation.
If such an attorney is available within 15 days after the court’s request, the court must appoint that attorney.
However, the court may appoint a compensated attorney within the 15-day period if the Statewide Guardian Ad Litem Office informs the court that it will not be able to recommend an attorney within that time period.
(b) After an attorney is appointed, the appointment continues in effect until the attorney is allowed to withdraw or is discharged by the court or until the case is dismissed.
An attorney who is appointed under this section to represent the child shall provide the complete range of legal services, from the removal from home or from the initial appointment through all available appellate proceedings.
With the permission of the court, the attorney for the dependent child may arrange for supplemental or separate counsel to represent the child in appellate proceedings.
A court order appointing an attorney under this section must be in writing.
(5) Unless the attorney has agreed to provide pro bono services, an appointed attorney or organization must be adequately compensated.
All appointed attorneys and organizations, including pro bono attorneys, must be provided with access to funding for expert witnesses, depositions, and other due process costs of litigation.
Payment of attorney fees and case-related due process costs are subject to appropriations and review by the Justice Administrative Commission for reasonableness.
The Justice Administrative Commission shall contract with attorneys appointed by the court.
Attorney fees may not exceed $1,000 per child per year.
Section 4. Part XI of chapter 39, Florida Statutes, entitled “GUARDIANS AD LITEM AND GUARDIAN ADVOCATES,” is renamed “GUARDIANS AD LITEM, GUARDIAN ADVOCATES, AND ATTORNEY FOR THE CHILD.” Section 5. Subsection (3) is added to section 39.820, Florida Statutes, to read:
Section 5. Section 39.822, Florida Statutes, is amended to read:
Section 6. Section 39.822, Florida Statutes, is amended to read:
(b) On or after July 1, 2022, a guardian ad litem must be appointed by the court at the earliest possible time to represent a child under the following circumstances:
(b) On or after July 1, 2022, a guardian ad litem:
1. The child is younger than 10 years of age and is the subject of a dependency proceeding under this chapter or a related adoption proceeding;
1. Must be appointed by the court at the earliest possible time to represent a child under the following circumstances:
2. The child is the subject of a dependency proceeding under this chapter or a related adoption proceeding and a criminal proceeding;
a. The child is younger than 10 years of age and is the subject of a dependency proceeding under this chapter or a related adoption proceeding;
3. The child is the subject of a termination of parental rights proceeding under part X;
b. The child is the subject of a dependency proceeding under this chapter or a related adoption proceeding and the subject of a criminal proceeding;
or 4. The child is a dependent child as described in s.
c. The child is the subject of a termination of parental rights proceeding under part X of this chapter;
or d. The child is a dependent child as described in s.
2. May be appointed at the court’s discretion upon a finding that circumstances exist which require the appointment.
(a) The child meets a criterion specified in subparagraph (1)(b)2., 3., or 4.;
(a) The child meets a criterion specified in sub subparagraph (1)(b)1.b., c., or d., or subparagraph (1)(b)2.
or (b) The child expresses that he or she wishes to remain with the guardian ad litem and the court determines that the expression is voluntary and knowing and that the child is of an appropriate age and maturity to make such expression.
and the court orders the guardian ad litem to remain on the case;
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or (b) The child expresses that he or she wishes to remain with the guardian ad litem and the court determines that the expression is voluntary and knowing.
or (b) Discharge the child’s current guardian ad litem and appoint an attorney for the child.
or (b) Unless otherwise provided by law, discharge the child’s current guardian ad litem and appoint an attorney for the child if one is not appointed.
200 For the purposes of this subsection, the term “records related to the best interests of the child” includes, but is not limited to, medical, mental health, substance abuse, child care, education, law enforcement, court, social services, and financial records.
242 For the purposes of this subsection, the term “records related to the best interests of the child” includes, but is not limited to, medical, mental health, substance abuse, child care, education, law enforcement, court, social services, and financial records.
Section 6. Subsection (2) of section 39.8296, Florida Statutes, is amended to read:
Section 7. Subsection (2) of section 39.8296, Florida Statutes, is amended to read:
The office may not assign a guardian ad litem for whom a conflict of interest has been identified to a child’s case.
Section 7. Section 39.83, Florida Statutes, is created to read:
Section 8. Section 39.83, Florida Statutes, is created to read:
2. Shall review and collect information relating to current guardian ad litem programs for children 10 years of age and older in this state and other states and information relating to offices of child representation in other states;
2. Shall review and collect information relating to offices of child representation and other models of attorney representation of children in other states;
To that end, the statewide office shall establish a curriculum committee composed of members including, but not limited to, a dependency judge, directors of circuit guardian ad litem programs, active certified guardians ad litem, a mental health professional who specializes in the treatment of children, a member of a child advocacy group, a representative of a domestic violence advocacy group, an individual with at least a Master of Social Work degree, and a social worker experienced in working with victims and perpetrators of child abuse;
To that end, the statewide office shall establish a curriculum committee composed of members including, but not limited to, a dependency judge, a director of circuit guardian ad litem programs, an active certified guardian ad litem, a mental health professional who specializes in the treatment of children, a member of a child advocacy group, a representative of a domestic violence advocacy group, an individual with at least a Master of Social Work degree, and a social worker experienced in working with victims and perpetrators of child abuse;
8. Shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court:
8. Shall establish standards and protocols for representation of children with diminished capacity;
9. Shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court:
(b) Each office of child representation is assigned to the Justice Administrative Commission for administrative purposes.
(b) Each regional office of child representation is assigned to the Justice Administrative Commission for administrative purposes.
The offices are not subject to control, supervision, or direction by the commission in the performance of their duties, but the employees of the offices are governed by the classification plan and the salary and benefits plan for the commission.
The offices are not subject to control, supervision, or direction by the commission in the performance of their duties, but the employees of the offices are governed by the classification plan and the salary and benefits plan approved by the commission.
DUTIES.—The attorney for the child shall serve on a full-time basis and may not engage in the private practice of law while holding office.
DUTIES.—The child representation counsel shall serve on a full-time basis and may not engage in the private practice of law while holding office.
Each assistant attorney for the child shall give priority and preference to his or her duties as assistant child representation counsel and may not otherwise engage in the practice of dependency law.
Each assistant child representation counsel shall give priority and preference to his or her duties as assistant child representation counsel and may not otherwise engage in the practice of dependency law.
However, a part-time assistant attorney for the child may practice dependency law for private payment so long as the representation does not result in a legal or ethical conflict of interest with a case in which the office of child representation is providing representation.
However, a part-time child representation counsel may practice dependency law for private payment so long as the representation does not result in a legal or ethical conflict of interest with a case in which the office of child representation is providing representation.
Section 8. Section 39.831, Florida Statutes, is created to read:
Section 9. Section 39.831, Florida Statutes, is created to read:
39.831 Attorney for the child.— (1) APPOINTMENT.— (a) Attorney for the child:
39.831 Attorney for the child.— (1) APPOINTMENT.— (a) An attorney for the child:
(c) In cases in which one or both parents are financially able, the parent or parents, as applicable, of the child shall reimburse the court, in whole or in part, for the cost of services provided under this section;
(c) If, at any time during the representation of two or more children in a dependency or related adoption proceeding, a child representation counsel determines that the interests of those clients are so adverse or hostile that they cannot all be counseled by child representation counsel or his or her staff because of a conflict of interest, the child representation counsel shall file a motion to withdraw and move the court to appoint other counsel.
Child representation counsel shall not automatically determine the appointment to represent siblings is a conflict of interest.
If requested by the Justice Administrative Commission, the child representation counsel shall submit a copy of the motion to the Justice Administrative Commission at the time it is filed with the court.
The court shall review and may inquire or conduct a hearing into the adequacy of the child representation counsel’s submissions regarding a conflict of interest without requiring the disclosure of any confidential communications.
The court shall deny the motion to withdraw if the court finds the grounds for withdrawal are insufficient or the asserted conflict is not prejudicial to the client.
If the court grants the motion to withdraw, the court shall appoint one or more private attorneys to represent the person in accordance with the requirements and process provided for in s.
27.40.
The clerk of court shall inform the child representation counsel and the commission when the court appoints private counsel.
(d) Unless the attorney has agreed to provide pro bono services, an appointed attorney or organization must be adequately compensated as provided in s.
27.5305.
All appointed attorneys and organizations, including pro bono attorneys, must be provided with access to funding for expert witnesses, depositions, and other due process costs of litigation.
Payment of attorney fees and case-related due process costs are subject to appropriations and review by the Justice Administrative Commission for reasonableness.
The Justice Administrative Commission shall contract with attorneys appointed by the court.
Attorney fees may not exceed $1,000 per child per year.
(e) In cases in which one or both parents are financially able, the parent or parents, as applicable, of the child shall reimburse the court, in whole or in part, for the cost of services provided under this section;
(d) Once an attorney for the child is appointed, the appointment continues in effect until the attorney for the child is allowed to withdraw or is discharged by the court or until the case is dismissed.
(f) An attorney for the child appointed pursuant to this section shall represent the child only in the dependency proceeding or related adoption proceeding.
An attorney for the child who is appointed under this section to represent a child shall provide all required legal services from the time of the child’s removal from home or of the attorney for the child’s initial appointment through all appellate proceedings.
Once an attorney for the child is appointed, the appointment continues in effect until the attorney for the child is allowed to withdraw or is discharged by the court or until the case is dismissed.
An attorney for the child who is appointed under this section to represent a child shall provide all required legal services in the dependency proceeding or related adoption proceeding from the time of the child’s removal from home or of the attorney for the child’s initial appointment through all appellate proceedings.
(2) ACCESS TO RECORDS.—Upon presentation by an attorney for the child of a court order appointing the Statewide Office of Child Representation:
(2) ACCESS TO RECORDS.—Upon presentation of a court order appointing an attorney for the child:
502 For the purposes of this subsection, the term “records” includes, but is not limited to, medical, mental health, substance abuse, child care, education, law enforcement, court, social services, and financial records.
586 For the purposes of this subsection, the term “records” includes, but is not limited to, medical, mental health, substance abuse, child care, education, law enforcement, court, social services, and financial records.
Section 9. Subsection (1) of section 28.345, Florida Statutes, is amended to read:
Section 10. Subsection (1) of section 28.345, Florida Statutes, is amended to read:
Section 10. Paragraph (j) of subsection (3) and paragraph (a) of subsection (10) of section 39.001, Florida Statutes, are amended to read:
Section 11. Paragraph (j) of subsection (3) and paragraph (a) of subsection (10) of section 39.001, Florida Statutes, are amended to read:
Section 11. Subsections (2) and (4) of 39.00145, Florida Statutes, are amended to read:
Section 12. Subsections (2) and (4) of 39.00145, Florida Statutes, are amended to read:
Section 12. Subsections (3) and (4) of section 39.0132, Florida Statutes, are amended to read:
Section 13. Subsections (3) and (4) of section 39.0132, Florida Statutes, are amended to read:
2.a. The following information held by a guardian ad litem or attorney for the child is confidential and exempt from s.
2.a. The following information held by a guardian ad litem is confidential and exempt from s.
(II) Any other information maintained by a guardian ad litem or attorney for the child which is identified as confidential information under this chapter.
(II) Any other information maintained by a guardian ad litem which is identified as confidential information under this chapter.
Section 13. Paragraphs (a) and (b) of subsection (4) of section 39.0139, Florida Statutes, are amended to read:
Section 14. Paragraphs (a) and (b) of subsection (4) of section 39.0139, Florida Statutes, are amended to read:
(b) At the hearing, the court may receive and rely upon any relevant and material evidence submitted to the extent of its probative value, including written and oral reports or recommendations from the Child Protection Team, the child’s therapist, and the child’s guardian ad litem, or the child’s attorney ad litem, even if these reports, recommendations, and evidence may not be admissible under the rules of evidence.
(b) At the hearing, the court may receive and rely upon any relevant and material evidence submitted to the extent of its probative value, including written and oral reports or recommendations from the Child Protection Team, the child’s therapist, or the child’s guardian ad litem, or the child’s attorney ad litem, even if these reports, recommendations, and evidence may not be admissible under the rules of evidence.
Section 14. Paragraphs (k) and (t) of subsection (2) of section 39.202, Florida Statutes, are amended to read:
Section 15. Paragraphs (k) and (t) of subsection (2) of section 39.202, Florida Statutes, are amended to read:
or the child’s guardian ad litem or attorney for the child for the child.
or the child’s guardian ad litem or attorney for the child.
Section 15. Subsection (1) of section 39.302, Florida Statutes, is amended to read:
Section 16. Subsection (1) of section 39.302, Florida Statutes, is amended to read:
Section 16. Paragraph (c) of subsection (8) and paragraph (a) of subsection (14) of section 39.402, Florida Statutes, are amended to read:
Section 17. Paragraph (c) of subsection (8) and paragraph (a) of subsection (14) of section 39.402, Florida Statutes, are amended to read:
Section 17. Paragraphs (e) and (f) of subsection (3) and subsection (6) of section 39.407, Florida Statutes, are amended to read:
Section 18. Paragraphs (e) and (f) of subsection (3) and subsection (6) of section 39.407, Florida Statutes, are amended to read:
The department must submit a motion seeking continuation of the medication and the physician’s or psychiatric nurse’s medical report to the court, the child’s guardian ad litem or attorney for the child, and all other parties within 3 working days after the department commences providing the medication to the child.
The department must submit a motion seeking continuation of the medication and the physician’s or psychiatric nurse’s medical report to the court, the child’s guardian ad litem or the attorney for the child, and all other parties within 3 working days after the department commences providing the medication to the child.
On its own motion or on good cause shown by any party, including any guardian ad litem, or attorney for the child attorney, or attorney ad litem who has been appointed to represent the child or the child’s interests, the court may review the status more frequently than required in this subsection.
On its own motion or on good cause shown by any party, including any guardian ad litem, or the child attorney, or attorney ad litem who has been appointed to represent the child or the child’s interests, the court may review the status more frequently than required in this subsection.
929 A copy of the written findings of the evaluation and suitability assessment must be provided to the department, to the guardian ad litem and attorney for the child, and, if the child is a member of a Medicaid managed care plan, to the plan that is financially responsible for the child’s care in residential treatment, all of whom must be provided with the opportunity to discuss the findings with the evaluator.
1012 A copy of the written findings of the evaluation and suitability assessment must be provided to the department, to the guardian ad litem and attorney for the child, and, if the child is a member of a Medicaid managed care plan, to the plan that is financially responsible for the child’s care in residential treatment, all of whom must be provided with the opportunity to discuss the findings with the evaluator.
Section 18. Subsections (20) and (21) of section 39.4085, Florida Statutes, are amended to read:
Section 19. Subsections (20) and (21) of section 39.4085, Florida Statutes, are amended to read:
1032 The provisions of this section establish goals and not rights.
1115 The provisions of this section establish goals and not rights.
Section 19. Subsections (8), (12), (13), (14), and (17) of section 39.502, Florida Statutes, are amended to read:
Section 20. Subsections (8), (12), (13), (14), and (17) of section 39.502, Florida Statutes, are amended to read:
Section 20. Paragraphs (c) and (e) of subsection (1) of section 39.521, Florida Statutes, are amended to read:
Section 21. Paragraphs (c) and (e) of subsection (1) of section 39.521, Florida Statutes, are amended to read:
1202 For the purposes of this section, “diligent efforts to locate an adult relative” means a search similar to the diligent search for a parent, but without the continuing obligation to search after an initial adequate search is completed.
1285 For the purposes of this section, “diligent efforts to locate an adult relative” means a search similar to the diligent search for a parent, but without the continuing obligation to search after an initial adequate search is completed.
Section 21. Paragraph (a) of subsection (2) of section 39.523, Florida Statutes, is amended to read:
Section 22. Paragraph (a) of subsection (2) of section 39.523, Florida Statutes, is amended to read:
Section 22. Paragraph (a) of subsection (1) of section 39.6011, Florida Statutes, is amended to read:
Section 23. Paragraph (a) of subsection (1) of section 39.6011, Florida Statutes, is amended to read:
Section 23. Paragraph (c) of subsection (1) of section 39.6012, Florida Statutes, is amended to read:
Section 24. Paragraph (c) of subsection (1) of section 39.6012, Florida Statutes, is amended to read:
Section 24. Subsection (8) of section 39.6251, Florida Statutes, is amended to read:
Section 25. Subsection (8) of section 39.6251, Florida Statutes, is amended to read:
Section 25. Paragraph (b) of subsection (1) and paragraph (b) of subsection (2) of section 39.701, Florida Statutes, are amended to read:
Section 26. Paragraph (b) of subsection (1) and paragraph (b) of subsection (2) of section 39.701, Florida Statutes, are amended to read:
(2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF AGE.— (b) Submission and distribution of reports.— 1. A copy of the social service agency’s written report and the written report of the guardian ad litem or attorney for the child must be served on all parties whose whereabouts are known;
(2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF AGE.— (b) Submission and distribution of reports.— 1. A copy of the social service agency’s written report and the written report of the guardian ad litem, and a report of the attorney for the child, if he or she has prepared one, must be served on all parties whose whereabouts are known;
Section 26. Paragraph (g) of subsection (5) of section 39.702, Florida Statutes, is amended to read:
Section 27. Paragraph (g) of subsection (5) of section 39.702, Florida Statutes, is amended to read:
Section 27. Paragraph (a) of subsection (3) and subsections (5), (6), and (7) of section 39.801, Florida Statutes, are amended to read:
Section 28. Paragraph (a) of subsection (3) and subsections (5), (6), and (7) of section 39.801, Florida Statutes, are amended to read:
1386 The document containing the notice to respond or appear must contain, in type at least as large as the type in the balance of the document, the following or substantially similar language:
1469 The document containing the notice to respond or appear must contain, in type at least as large as the type in the balance of the document, the following or substantially similar language:
Section 28. Subsection (1) of section 39.802, Florida Statutes, is amended to read:
Section 29. Subsection (1) of section 39.802, Florida Statutes, is amended to read:
Section 29. Subsection (2) of section 39.808, Florida Statutes, is amended to read:
Section 30. Subsection (2) of section 39.808, Florida Statutes, is amended to read:
Section 30. Subsection (11) of section 39.810, Florida Statutes, is amended to read:
Section 31. Subsection (11) of section 39.810, Florida Statutes, is amended to read:
Section 31. Subsection (9) of section 39.811, Florida Statutes, is amended to read:
Section 32. Subsection (9) of section 39.811, Florida Statutes, is amended to read:
Section 32. Subsection (4) of section 39.812, Florida Statutes, is amended to read:
Section 33. Subsection (4) of section 39.812, Florida Statutes, is amended to read:
Section 33. Subsection (1) of section 39.815, Florida Statutes, is amended to read:
39.815 Appeal.— (1) Any child, any parent, or guardian ad litem of any child, attorney for the child, any other party to the proceeding who is affected by an order of the court, or the department may appeal to the appropriate district court of appeal within the time and in the manner prescribed by the Florida Rules of Appellate Procedure.
The district court of appeal shall give an appeal from an order terminating parental rights priority in docketing and shall render a decision on the appeal as expeditiously as possible.
Appointed counsel shall be compensated as provided in s.
27.5304(6).
Section 35. Paragraph (c) of subsection (1) of section 63.082, Florida Statutes, is amended to read:
Section 35. Paragraph (a) of subsection (2) of section 63.085, Florida Statutes, is amended to read:
63.082 Execution of consent to adoption or affidavit of nonpaternity;
63.085 Disclosure by adoption entity.— (2) DISCLOSURE TO ADOPTIVE PARENTS.— (a) At the time that an adoption entity is responsible for selecting prospective adoptive parents for a born or unborn child whose parents are seeking to place the child for adoption or whose rights were terminated pursuant to chapter 39, the adoption entity must provide the prospective adoptive parents with information concerning the background of the child to the extent such information is disclosed to the adoption entity by the parents, legal custodian, or the department.
family social and medical history;
revocation of consent.— (1) (c) A consent or an affidavit of nonpaternity executed by a minor parent who is 14 years of age or younger must be witnessed by a parent, legal guardian, or court-appointed guardian ad litem or court-appointed attorney for the child.
Section 36. Subsection (1) and paragraph (a) of subsection (2) of section 63.085, Florida Statutes, are amended to read:
63.085 Disclosure by adoption entity.— (1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE ADOPTIVE PARENTS.—Within 14 days after a person seeking to adopt a minor or a person seeking to place a minor for adoption contacts an adoption entity in person or provides the adoption entity with a mailing address, the entity must provide a written disclosure statement to that person if the entity agrees or continues to work with the person.
The adoption entity shall also provide the written disclosure to the parent who did not initiate contact with the adoption entity within 14 days after that parent is identified and located.
For purposes of providing the written disclosure, a person is considered to be seeking to place a minor for adoption if that person has sought information or advice from the adoption entity regarding the option of adoptive placement.
The written disclosure statement must be in substantially the following form:
1571 ADOPTION DISCLOSURE 1573 THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING ADOPTION UNDER FLORIDA LAW:
1579 1. The name, address, and telephone number of the adoption entity providing this disclosure is:
Name:....................................................
Address:.................................................
Telephone Number:........................................
1585 2. The adoption entity does not provide legal representation or advice to parents or anyone signing a consent for adoption or affidavit of nonpaternity, and parents have the right to consult with an attorney of their own choosing to advise them.
3. With the exception of an adoption by a stepparent or relative, a child cannot be placed into a prospective adoptive home unless the prospective adoptive parents have received a favorable preliminary home study, including criminal and child abuse clearances.
4. A valid consent for adoption may not be signed by the birth mother until 48 hours after the birth of the child, or the day the birth mother is notified, in writing, that she is fit for discharge from the licensed hospital or birth center.
Any man may sign a valid consent for adoption at any time after the birth of the child.
5. A consent for adoption signed before the child attains the age of 6 months is binding and irrevocable from the moment it is signed unless it can be proven in court that the consent was obtained by fraud or duress.
A consent for adoption signed after the child attains the age of 6 months is valid from the moment it is signed;
however, it may be revoked up to 3 business days after it was signed.
6. A consent for adoption is not valid if the signature of the person who signed the consent was obtained by fraud or duress.
7. An unmarried biological father must act immediately in order to protect his parental rights.
Section 63.062, Florida Statutes, prescribes that any father seeking to establish his right to consent to the adoption of his child must file a claim of paternity with the Florida Putative Father Registry maintained by the Office of Vital Statistics of the Department of Health by the date a petition to terminate parental rights is filed with the court, or within 30 days after receiving service of a Notice of Intended Adoption Plan.
If he receives a Notice of Intended Adoption Plan, he must file a claim of paternity with the Florida Putative Father Registry, file a parenting plan with the court, and provide financial support to the mother or child within 30 days following service.
An unmarried biological father’s failure to timely respond to a Notice of Intended Adoption Plan constitutes an irrevocable legal waiver of any and all rights that the father may have to the child.
A claim of paternity registration form for the Florida Putative Father Registry may be obtained from any local office of the Department of Health, Office of Vital Statistics, the Department of Children and Families, the Internet websites for these agencies, and the offices of the clerks of the Florida circuit courts.
The claim of paternity form must be submitted to the Office of Vital Statistics, Attention:
Adoption Unit, P.O.
Box 210, Jacksonville, FL 32231.
8. There are alternatives to adoption, including foster care, relative care, and parenting the child.
There may be services and sources of financial assistance in the community available to parents if they choose to parent the child.
9. A parent has the right to have a witness of his or her choice, who is unconnected with the adoption entity or the adoptive parents, to be present and witness the signing of the consent or affidavit of nonpaternity.
10. A parent 14 years of age or younger must have a parent, legal guardian, or court-appointed guardian ad litem or court-appointed attorney for the child to assist and advise the parent as to the adoption plan and to witness consent.
11. A parent has a right to receive supportive counseling from a counselor, social worker, physician, clergy, or attorney.
12. The payment of living or medical expenses by the prospective adoptive parents before the birth of the child does not, in any way, obligate the parent to sign the consent for adoption.
1666 (2) DISCLOSURE TO ADOPTIVE PARENTS.— (a) At the time that an adoption entity is responsible for selecting prospective adoptive parents for a born or unborn child whose parents are seeking to place the child for adoption or whose rights were terminated pursuant to chapter 39, the adoption entity must provide the prospective adoptive parents with information concerning the background of the child to the extent such information is disclosed to the adoption entity by the parents, legal custodian, or the department.
Section 37. Subsection (4) of section 322.09, Florida Statutes, is amended to read:
Section 36. Subsection (4) of section 322.09, Florida Statutes, is amended to read:
Section 38. Paragraph (p) of subsection (4) of section 394.495, Florida Statutes, is amended to read:
Section 37. Paragraph (p) of subsection (4) of section 394.495, Florida Statutes, is amended to read:
Section 39. Section 627.746, Florida Statutes, is amended to read:
Section 38. Section 627.746, Florida Statutes, is amended to read:
Section 40. Paragraph (c) of subsection (1) of section 934.255, Florida Statutes, is amended to read:
Section 39. Paragraph (c) of subsection (1) of section 934.255, Florida Statutes, is amended to read:
Section 41. Subsection (5) of section 960.065, Florida Statutes, is amended to read:
Section 40. Subsection (5) of section 960.065, Florida Statutes, is amended to read:
Section 42. This act shall take effect July 1, 2021.
Section 41. This act shall take effect July 1, 2021.
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Action History

  1. Died in Appropriations

  2. On Committee agenda-- Appropriations, 04/19/21, 10:00 am, 412 Knott Building --Temporarily Postponed

  3. Now in Appropriations

  4. Subcommittee Recommendation: CS/CS by Appropriations Subcommittee on Criminal and Civil Justice; YEAS 7 NAYS 0

  5. On Committee agenda-- Appropriations Subcommittee on Criminal and Civil Justice, 04/08/21, 11:30 am, 37 Senate Building

  6. CS by Children, Families, and Elder Affairs read 1st time

  7. Now in Appropriations Subcommittee on Criminal and Civil Justice

  8. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  9. CS by Children, Families, and Elder Affairs; YEAS 8 NAYS 0

  10. On Committee agenda-- Children, Families, and Elder Affairs, 03/23/21, 12:30 pm, 37 Senate Building

  11. On Committee agenda-- Children, Families, and Elder Affairs, 03/16/21, 12:30 pm, 37 Senate Building --Amendment(s) Adopted - Temporarily Postponed

  12. Introduced

  13. Referred to Children, Families, and Elder Affairs; Appropriations Subcommittee on Criminal and Civil Justice; Appropriations

  14. Filed

Sponsors

  • Book · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Book

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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"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.

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Frequently asked questions

What does SB 1920 do?
Child Welfare; Specifying circumstances under which a court is required, on or after a specified date, to appoint a guardian ad litem; renaming the Guardian Ad Litem Qualifications Committee as the Child Well-Being Qualifications Committee; specifying that the executive director of the Statewide Guardian Ad Litem Office may be reappointed; creating the Statewide Office of Child Representation within the Justice Administration Commission; specifying when the court is authorized or required to appoint an attorney for the child; requiring the court to appoint the Statewide Office of Child Representation, etc.
Who sponsors SB 1920?
SB 1920 is sponsored by Book.
What is the current status of SB 1920?
This bill died with 2021 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 SB 1920?
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