Florida 2024 Regular Session Status: In Committee Bipartisan · 4 R · 2 D cosponsors

HB 185 — Dependent Children

Last action — Laid on Table, companion bill(s) passed, see CS/CS/CS/SB 1224 (Ch. 2024-70)

  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 2024 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Dependent Children; Revises laws relating to dependent children including requiring GAL for each child; authorizes GALs to represent child in other proceedings; access records, request continuances, & receive notices; provides duties & responsibilities of GALs; requiring Statewide Guardian ad Litem Office to provide oversight & assistance to attorneys ad litem, & assist child find supportive adult; requires Office of Continuing Care to work in coordination with Statewide Guardian ad Litem Office; authorizes Fostering Prosperity program to provide grants.

Bill Text

What changed in the latest version

3535 added · 3291 removed

3535 line(s) added, 3291 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/CS/HB185 2024 A bill to be entitled An act relating to dependent 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/HB185 2024 A bill to be entitled An act relating to dependent children;
authorizing the court to appoint an attorney ad litem for a child after it makes certain determinations;
authorizing an attorney ad litem to represent a child in other proceedings to secure certain services and benefits;
conforming a provision to changes made by the act;
revising legislative findings;
revising provisions relating to the Page 1of 127 CODING:
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hb0185-01-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/HB185 2024 appointment of an attorney for certain children;
authorizing the court to appoint an attorney ad litem after making certain determinations;
providing requirements for the appointment and discharge of an attorney ad litem;
authorizing an attorney ad litem to represent a child in other proceedings to secure certain services and benefits;
conforming provisions to changes made by the act;
providing applicability;
conforming provisions to changes made Page 1of 119 CODING:
conforming provisions to changes made by the act;
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hb0185-02-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/HB185 2024 by the act;
requiring notice of a multidisciplinary team staffing be provided to a child's guardian ad litem and attorney ad litem;
requiring notice of a multidisciplinary team Page 2of 127 CODING:
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hb0185-01-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/HB185 2024 staffing be provided to a child's guardian ad litem and attorney ad litem;
requiring the Statewide Guardian ad Litem Office to Page 2of 119 CODING:
requiring the Statewide Guardian ad Litem Office to work with certain children to identify a supportive adult to enter into a specified agreement;
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hb0185-02-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/HB185 2024 work with certain children to identify a supportive adult to enter into a specified agreement;
requiring a court to give a guardian ad litem an opportunity to address the court in certain proceedings;
requiring a Page 3of 127 CODING:
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hb0185-01-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/HB185 2024 court to give a guardian ad litem an opportunity to address the court in certain proceedings;
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amending s.
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hb0185-02-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/HB185 2024 amending s.
providing actions that a guardian ad litem does or does not have to fulfill;
providing actions that a guardian ad litem does or does not have Page 4of 127 CODING:
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hb0185-01-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/HB185 2024 to fulfill;
39.8298, F.S.;
authorizing the executive director of the Statewide Guardian ad Litem Office to create or designate local direct-support organizations;
providing responsibilities for the executive director of the office;
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requiring that certain moneys be held in a separate depository account;
conforming provisions to changes made by the act;
amending s.
requiring the Office of Continuing Care to work in coordination with the Statewide Guardian ad Page 4of 119 CODING:
requiring the Office of Continuing Care to work in coordination with the Statewide Guardian ad Litem Office for a specified purpose;
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hb0185-02-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/HB185 2024 Litem Office for a specified purpose;
authorizing the Fostering Prosperity program to provide certain grants to youth and young adults who are aging out of foster care;
authorizing the Pathway to Prosperity program to provide certain grants to youth and young adults who are aging out of foster care;
requiring grants to extend for a certain period of time after a recipient is reunited with his or her parents;
requiring grants to extend for a certain period of time after a Page 5of 127 CODING:
requiring the State Board of Education to adopt rules;
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hb0185-01-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/HB185 2024 recipient is reunited with his or her parents;
(j) To ensure that, when reunification or adoption is not Page 5of 119 CODING:
(j) To ensure that, when reunification or adoption is not possible, the child will be prepared for alternative permanency goals or placements, to include, but not be limited to, long- term foster care, independent living, custody to a relative on a permanent basis with or without legal guardianship, or custody to a foster parent or legal custodian on a permanent basis with or without legal guardianship.
Permanency for a child who is Page 6of 127 CODING:
hb0185-02-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/HB185 2024 possible, the child will be prepared for alternative permanency goals or placements, to include, but not be limited to, long- term foster care, independent living, custody to a relative on a permanent basis with or without legal guardianship, or custody to a foster parent or legal custodian on a permanent basis with or without legal guardianship.
hb0185-01-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/HB185 2024 transitioning from foster care to independent living includes naturally occurring, lifelong, kin-like connections between the child and a supportive adult.
Permanency for a child who is transitioning from foster care to independent living includes naturally occurring, lifelong, kin-like connections between the child and a supportive adult.
The Department of Children and Families, the Department of Corrections, the Department of Education, the Department of Health, the Department of Juvenile Justice, the Department of Law Enforcement, the Statewide Guardian ad Litem Office, and the Agency for Persons with Disabilities shall participate and fully cooperate in the development of the state plan at both the state Page 6of 119 CODING:
The Department of Children and Families, the Department of Corrections, the Department of Education, the Department of Health, the Department of Juvenile Justice, the Department of Law Enforcement, the Statewide Guardian ad Litem Office, and the Agency for Persons with Disabilities shall participate and fully cooperate in the development of the state plan at both the state and local levels.
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hb0185-02-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/HB185 2024 and local levels.
circuit guardian ad litem offices programs for children under the circuit court;
circuit guardian ad litem offices programs for children under the Page 7of 127 CODING:
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hb0185-01-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/HB185 2024 circuit court;
39.00145 Records concerning children.— Page 7of 119 CODING:
39.00145 Records concerning children.— (2) Notwithstanding any other provision of this chapter, all records in a child's case record must be made available for inspection, upon request, to the child who is the subject of the case record and to the child's caregiver, guardian ad litem, or attorney ad litem, if one is appointed.
(a) A complete and accurate copy of any record in a Page 8of 127 CODING:
hb0185-02-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/HB185 2024 (2) Notwithstanding any other provision of this chapter, all records in a child's case record must be made available for inspection, upon request, to the child who is the subject of the case record and to the child's caregiver, guardian ad litem, or attorney ad litem, if one is appointed.
hb0185-01-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/HB185 2024 child's case record must be provided, upon request and at no cost, to the child who is the subject of the case record and to the child's caregiver, guardian ad litem, or attorney ad litem, if one is appointed.
(a) A complete and accurate copy of any record in a child's case record must be provided, upon request and at no cost, to the child who is the subject of the case record and to the child's caregiver, guardian ad litem, or attorney ad litem, if one is appointed.
(d) For the purposes of this subsection, the term "caregiver" is limited to parents, legal custodians, permanent Page 8of 119 CODING:
(d) For the purposes of this subsection, the term "caregiver" is limited to parents, legal custodians, permanent guardians, or foster parents;
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hb0185-02-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/HB185 2024 guardians, or foster parents;
39.00146 Case record face sheet.— (2) The case record of every child under the supervision or in the custody of the department or the department's authorized agents, including community-based care lead agencies and their subcontracted providers, must include a face sheet containing relevant information about the child and his or her case, including at least all of the following:
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hb0185-01-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/HB185 2024 39.00146 Case record face sheet.— (2) The case record of every child under the supervision or in the custody of the department or the department's authorized agents, including community-based care lead agencies and their subcontracted providers, must include a face sheet containing relevant information about the child and his or her case, including at least all of the following:
and Page 9of 119 CODING:
and 6.
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hb0185-02-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/HB185 2024 6.
Paragraph (b) of subsection (2) and paragraph (b) of subsection (3) of section 39.0016, Florida Statutes, are amended to read:
Paragraph (b) of subsection (2) and paragraph (b) of subsection (3) of section 39.0016, Florida Statutes, are Page 10 of127 CODING:
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hb0185-01-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/HB185 2024 amended to read:
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b.
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hb0185-02-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/HB185 2024 b.
Establish a protocol for the department to share information about a child known to the department with the school district, consistent with the Family Educational Rights and Privacy Act, since the sharing of information will assist each agency in obtaining education and related services for the benefit of the child.
Establish a protocol for the department to share information about a child known to the department with the Page 11 of127 CODING:
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hb0185-01-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/HB185 2024 school district, consistent with the Family Educational Rights and Privacy Act, since the sharing of information will assist each agency in obtaining education and related services for the benefit of the child.
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a.
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hb0185-02-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/HB185 2024 a.
Identify all educational and other services provided by the school and school district which the school district believes are reasonably necessary to meet the educational needs of a child known to the department.
Identify all educational and other services provided by the school and school district which the school district Page 12 of127 CODING:
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hb0185-01-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/HB185 2024 believes are reasonably necessary to meet the educational needs of a child known to the department.
A requirement that the department and the district Page 12 of119 CODING:
A requirement that the department and the district school board shall cooperate in accessing the services and supports needed for a child known to the department who has or is suspected of having a disability to receive an appropriate education consistent with the Individuals with Disabilities Education Act and state implementing laws, rules, and assurances.
Coordination of services for a child known to the Page 13 of127 CODING:
hb0185-02-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/HB185 2024 school board shall cooperate in accessing the services and supports needed for a child known to the department who has or is suspected of having a disability to receive an appropriate education consistent with the Individuals with Disabilities Education Act and state implementing laws, rules, and assurances.
hb0185-01-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/HB185 2024 department who has or is suspected of having a disability may include:
Coordination of services for a child known to the department who has or is suspected of having a disability may include:
For each child known to the department 14 years of age and older, transition planning by the department and all providers, including the department's independent living program staff and the guardian ad litem of the child, to meet the Page 13 of119 CODING:
For each child known to the department 14 years of age and older, transition planning by the department and all providers, including the department's independent living program staff and the guardian ad litem of the child, to meet the requirements of the local school district for educational purposes.
(3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.— (b)1.
Each district school superintendent or dependency court must appoint a surrogate parent for a child known to the department who has or is suspected of having a disability, as Page 14 of127 CODING:
hb0185-02-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/HB185 2024 requirements of the local school district for educational purposes.
hb0185-01-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/HB185 2024 defined in s.
(3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.— (b)1.
Each district school superintendent or dependency court must appoint a surrogate parent for a child known to the department who has or is suspected of having a disability, as defined in s.
This prohibition Page 14 of119 CODING:
This prohibition includes group home staff and therapeutic foster parents.
However, a person who acts in a parental role to a child, such as a foster parent or relative caregiver, is not prohibited from serving as a surrogate parent if he or she is employed by such agency, willing to serve, and knowledgeable about the child and the exceptional student education process.
The surrogate parent Page 15 of127 CODING:
hb0185-02-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/HB185 2024 includes group home staff and therapeutic foster parents.
hb0185-01-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/HB185 2024 may be a court-appointed guardian ad litem or a relative or nonrelative adult who is involved in the child's life regardless of whether that person has physical custody of the child.
However, a person who acts in a parental role to a child, such as a foster parent or relative caregiver, is not prohibited from serving as a surrogate parent if he or she is employed by such agency, willing to serve, and knowledgeable about the child and the exceptional student education process.
The surrogate parent may be a court-appointed guardian ad litem or a relative or nonrelative adult who is involved in the child's life regardless of whether that person has physical custody of the child.
A surrogate parent appointed by the district school superintendent or the court must be accepted by any subsequent school or school district without regard to where the child is receiving residential care so that a single surrogate parent can follow the education of the child during his or her entire time Page 15 of119 CODING:
A surrogate parent appointed by the district school superintendent or the court must be accepted by any subsequent school or school district without regard to where the child is receiving residential care so that a single surrogate parent can follow the education of the child during his or her entire time in state custody.
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hb0185-02-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/HB185 2024 in state custody.
For a child known to the department, the responsibility to appoint a surrogate parent resides with both the district school superintendent and the court with jurisdiction over the child.
For a child known to the department, the responsibility Page 16 of127 CODING:
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hb0185-01-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/HB185 2024 to appoint a surrogate parent resides with both the district school superintendent and the court with jurisdiction over the child.
The appointed surrogate no longer wishes to represent Page 16 of119 CODING:
The appointed surrogate no longer wishes to represent the child or is unable to represent the child.
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hb0185-02-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/HB185 2024 the child or is unable to represent the child.
f.
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hb0185-01-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/HB185 2024 f.
The responsibilities of the person appointed as a surrogate parent shall not extend to the care, maintenance, custody, residential placement, or any other area not specifically related to the education of the child, unless the Page 17 of119 CODING:
The responsibilities of the person appointed as a surrogate parent shall not extend to the care, maintenance, custody, residential placement, or any other area not specifically related to the education of the child, unless the same person is appointed by the court for such other purposes.
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hb0185-02-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/HB185 2024 same person is appointed by the court for such other purposes.
11.
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hb0185-01-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/HB185 2024 11.
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(32) "Guardian ad litem" means a person or an entity that is a fiduciary appointed by the court to represent a child in any civil, criminal, or administrative proceeding to which the child is a party, including, but not limited to, under this chapter, which uses a best interest standard for decisionmaking and advocacy.
For purposes of this chapter, the term includes, Page 19 of127 CODING:
hb0185-02-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/HB185 2024 (32) "Guardian ad litem" means a person or an entity that is a fiduciary appointed by the court to represent a child in any civil, criminal, or administrative proceeding to which the child is a party, including, but not limited to, under this chapter, which uses a best interest standard for decisionmaking and advocacy.
hb0185-01-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/HB185 2024 but is not limited to, the Statewide Guardian ad Litem Office, which includes all circuit guardian ad litem offices and the duly certified volunteers, staff, and attorneys assigned by the Statewide Guardian ad Litem Office to represent children;
For purposes of this chapter, the term includes, but is not limited to, the Statewide Guardian ad Litem Office, which includes all circuit guardian ad litem offices and the duly certified volunteers, staff, and attorneys assigned by the Statewide Guardian ad Litem Office to represent children;
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(61)(58) "Party" means the parent or parents of the child, the petitioner, the department, the guardian ad litem or the representative of the guardian ad litem program when the program has been appointed, and the child.
The presence of the child may be excused by order of the court when presence would not be in the child's best interest.
Notice to the child may be excused by Page 20 of127 CODING:
hb0185-02-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/HB185 2024 (61)(58) "Party" means the parent or parents of the child, the petitioner, the department, the guardian ad litem or the representative of the guardian ad litem program when the program has been appointed, and the child.
hb0185-01-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/HB185 2024 order of the court when the age, capacity, or other condition of the child is such that the notice would be meaningless or detrimental to the child.
The presence of the child may be excused by order of the court when presence would not be in the child's best interest.
Notice to the child may be excused by order of the court when the age, capacity, or other condition of the child is such that the notice would be meaningless or detrimental to the child.
Subsection (11) of section 39.013, Florida Statutes, is amended to read:
Subsection (11) of section 39.013, Florida Statutes, is amended and subsection (14) is added to that section, to read:
guardian ad litem.— (11) The court shall appoint a guardian ad litem at the earliest possible time to represent a child throughout the proceedings, including any appeals.
guardian ad litem and attorney ad litem.— (11) The court shall appoint a guardian ad litem at the earliest possible time to represent a child throughout the proceedings, including any appeals.
(14) The court may appoint an attorney ad litem for a child if the court believes the child is in need of such representation and determines that the child has a rational and factual understanding of the proceedings and sufficient present ability to consult with an attorney with a reasonable degree of rational understanding.
The attorney ad litem may represent the child in proceedings outside of the dependency case to secure services and benefits that provide for the care, safety, and Page 21 of127 CODING:
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hb0185-01-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/HB185 2024 protection of the child.
Paragraph (b) of subsection (1) of section 39.01305, Florida Statutes, is amended to read:
Section 39.01305, Florida Statutes, is amended to read:
39.01305 Appointment of an attorney for a dependent child Page 20 of119 CODING:
39.01305 Appointment of an attorney ad litem for a dependent child with certain special needs.— (1)(a) The Legislature finds that:
1.
all children in proceedings under this chapter have important interests at stake, such as health, safety, and well- being and the need to obtain permanency.
While such children are represented by the Statewide Guardian ad Litem Office using a best interest standard of decisionmaking and advocacy, some children may also need representation by an attorney ad litem in proceedings under this chapter.
(2) The court may appoint an attorney ad litem for a child if the court believes the child is in need of such representation and determines that the child has a rational and factual understanding of the proceedings and sufficient present ability to consult with an attorney with a reasonable degree of rational understanding.
2.
A dependent child who has certain special needs has a particular need for an attorney to represent the dependent child in proceedings under this chapter, as well as in fair hearings and appellate proceedings, so that the attorney may address the child's medical and related needs and the services and supports necessary for the child to live successfully in the community.
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hb0185-02-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/HB185 2024 with certain special needs.— (1) (b) The Legislature recognizes the existence of organizations that provide attorney representation to children in certain jurisdictions throughout the state.
hb0185-01-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/HB185 2024 (b) The Legislature recognizes the existence of organizations that provide attorney representation to children in certain jurisdictions throughout the state.
Further, the Statewide Guardian Ad Litem Office Program provides best interest representation for dependent children in every jurisdiction in accordance with state and federal law.
Further, the statewide Guardian Ad Litem Program provides best interest representation for dependent children in every jurisdiction in accordance with state and federal law.
(2) As used in this section, the term "dependent child" means a child who is subject to any proceeding under this chapter.
The term does not require that a child be adjudicated dependent for purposes of this section.
(3) An attorney shall be appointed for a dependent child who:
(a) Resides in a skilled nursing facility or is being Page 23 of127 CODING:
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hb0185-01-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/HB185 2024 considered for placement in a skilled nursing home;
(b) Is prescribed a psychotropic medication but declines assent to the psychotropic medication;
(c) Has a diagnosis of a developmental disability as defined in s.
393.063;
(d) Is being placed in a residential treatment center or being considered for placement in a residential treatment center;
or (e) Is a victim of human trafficking as defined in s.
787.06(2)(d).
(3)(a)(4)(a) Before a court may appoint an attorney ad litem, 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 the office is unable it will not be able to recommend an attorney within that time period.
(b) A court order appointing After an attorney ad litem must be in writing.
is appointed, the appointment continues in effect until the attorney is allowed to withdraw or is discharged by The court must discharge or until the case is Page 24 of127 CODING:
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hb0185-01-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/HB185 2024 dismissed.
an attorney ad litem who is appointed under this section if the need for such representation is resolved.
The attorney ad litem may represent the child in proceedings outside of the dependency case to secure services and benefits that provide for the care, safety, and protection of the child 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 ad litem 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.
(4)(5) Unless the attorney ad litem has agreed to provide pro bono services, an appointed attorney ad litem or organization must be adequately compensated.
All appointed attorneys ad litem 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 ad litem appointed by the court.
Attorney fees may not exceed $1,000 per child per year.
(6) The department shall develop procedures to identify a Page 25 of127 CODING:
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hb0185-01-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/HB185 2024 dependent child who has a special need specified under subsection (3) and to request that a court appoint an attorney for the child.
(7) The department may adopt rules to administer this section.
(8) This section does not limit the authority of the court to appoint an attorney for a dependent child in a proceeding under this chapter.
(5)(9) Implementation of this section is subject to appropriations expressly made for that purpose.
The amendments made by this act to s.
39.01305, Florida Statutes, apply only to attorney ad litem appointments made on or after July 1, 2024.
Section 9.
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All court records required by this chapter may shall not be open to inspection by the public.
All records may shall be inspected only upon order of the court by persons deemed by the court to have a proper interest therein, except that, subject to the provisions of s.
63.162, a child, and the parents of the child and their attorneys, the guardian ad litem, criminal conflict and civil regional counsels, law enforcement agencies, and the Page 26 of127 CODING:
hb0185-02-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/HB185 2024 All court records required by this chapter may shall not be open to inspection by the public.
hb0185-01-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/HB185 2024 department and its designees, and the attorney ad litem, if one is appointed, shall always have the right to inspect and copy any official record pertaining to the child.
All records may shall be inspected only upon order of the court by persons deemed by the court to have a proper interest therein, except that, subject to the provisions of s.
63.162, a child, and the parents of the child and their attorneys, the guardian ad litem, criminal conflict and civil regional counsels, law enforcement agencies, and the department and its designees, and the attorney ad litem, if one is appointed, shall always have the right to inspect and copy any official record pertaining to the child.
Section 9.
Section 10.
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(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 attorney ad litem, if one is appointed, if the child is of sufficient capacity to express reasonable consent, at the request or with the consent of the child.
The court must consider the best interests of the child when determining periods of delay under this section.
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hb0185-02-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/HB185 2024 (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 attorney ad litem, if one is appointed, if the child is of sufficient capacity to express reasonable consent, at the request or with the consent of the child.
hb0185-01-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/HB185 2024 Section 11.
The court must consider the best interests of the child when determining periods of delay under this section.
Section 10.
Section 11.
Section 12.
(a) Before Prior to the hearing, the court shall appoint an attorney ad litem or a guardian ad litem for the child if one Page 23 of119 CODING:
(a) Before Prior to the hearing, the court shall appoint an attorney ad litem or a guardian ad litem for the child if one has not already been appointed.
The guardian ad litem and Any attorney ad litem, if one is or guardian ad litem appointed, must shall have special training in the dynamics of child sexual abuse.
(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 Page 28 of127 CODING:
hb0185-02-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/HB185 2024 has not already been appointed.
hb0185-01-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/HB185 2024 recommendations from the Child Protection Team, the child's therapist, the child's guardian ad litem, or the child's attorney ad litem, if one is appointed, even if these reports, recommendations, and evidence may not be admissible under the rules of evidence.
The guardian ad litem and Any attorney ad litem, if one is or guardian ad litem appointed, must shall have special training in the dynamics of child sexual abuse.
Section 13.
(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, the child's guardian ad litem, or the child's attorney ad litem, if one is appointed, even if these reports, recommendations, and evidence may not be admissible under the rules of evidence.
Section 12.
or, and the child, and their attorneys, Page 24 of119 CODING:
or, and the child, and their attorneys, including any attorney representing a child in civil or criminal proceedings.
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hb0185-02-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/HB185 2024 including any attorney representing a child in civil or criminal proceedings.
(t) Persons with whom the department is seeking to place the child or to whom placement has been granted, including foster parents for whom an approved home study has been conducted, the designee of a licensed child-caring agency as defined in s.
(t) Persons with whom the department is seeking to place Page 29 of127 CODING:
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hb0185-01-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/HB185 2024 the child or to whom placement has been granted, including foster parents for whom an approved home study has been conducted, the designee of a licensed child-caring agency as defined in s.
Section 13.
Section 14.
Inform the parents or legal custodians of their right Page 25 of119 CODING:
Inform the parents or legal custodians of their right to counsel to represent them at the shelter hearing and at each subsequent hearing or proceeding, and the right of the parents to appointed counsel, pursuant to the procedures set forth in s.
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hb0185-02-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/HB185 2024 to counsel to represent them at the shelter hearing and at each subsequent hearing or proceeding, and the right of the parents to appointed counsel, pursuant to the procedures set forth in s.
Inquire of those present at the shelter hearing as to the identity and location of the legal father.
Inquire of those present at the shelter hearing as to Page 30 of127 CODING:
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hb0185-01-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/HB185 2024 the identity and location of the legal father.
Whether any man has acknowledged or claimed paternity of the child in a jurisdiction in which the mother resided at the time of or since conception of the child or in which the Page 26 of119 CODING:
Whether any man has acknowledged or claimed paternity of the child in a jurisdiction in which the mother resided at the time of or since conception of the child or in which the child has resided or resides.
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hb0185-02-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/HB185 2024 child has resided or resides.
409.256.
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hb0185-01-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/HB185 2024 409.256.
(c) The court shall request that the parents consent to provide access to the child's child care records, early education program records, or other educational records and provide information to the court, the department or its contract Page 27 of119 CODING:
(c) The court shall request that the parents consent to provide access to the child's child care records, early education program records, or other educational records and provide information to the court, the department or its contract agencies, and the any guardian ad litem and or attorney ad litem, if one is appointed, for the child.
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hb0185-02-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/HB185 2024 agencies, and the any guardian ad litem and or attorney ad litem, if one is appointed, for the child.
(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 or attorney ad litem, if one is 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.
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Section 14.
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hb0185-01-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/HB185 2024 (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 or attorney ad litem, if one is 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.
Section 15.
A diverse team is preferable to ensure that the necessary combination of technical skills, cultural knowledge, community resources, and personal relationships is developed and maintained for the child and Page 28 of119 CODING:
A diverse team is preferable to ensure that the necessary combination of technical skills, cultural knowledge, community resources, and personal relationships is developed and maintained for the child and family.
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hb0185-02-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/HB185 2024 family.
The child, unless he or she is not of an age or capacity to participate in the team, and the child's guardian ad litem;
The child, unless he or she is not of an age or Page 33 of127 CODING:
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hb0185-01-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/HB185 2024 capacity to participate in the team, and the child's guardian ad litem;
and Page 29 of119 CODING:
and g.
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hb0185-02-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/HB185 2024 g.
fail to attend after being provided reasonable opportunities.
fail to attend after being provided Page 34 of127 CODING:
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hb0185-01-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/HB185 2024 reasonable opportunities.
Section 15.
Section 16.
Paragraph (d) of subsection (3) and paragraph Page 30 of119 CODING:
Paragraph (d) of subsection (3) and paragraph (c) of subsection (4) of section 39.4023, Florida Statutes, are amended to read:
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hb0185-02-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/HB185 2024 (c) of subsection (4) of section 39.4023, Florida Statutes, are amended to read:
If the supportive services provided pursuant to paragraph (c) have not been successful to make the maintenance of the placement suitable or if there are other circumstances that require the child to be moved, the department or the community-based care lead agency must convene a multidisciplinary team staffing as required under s.
If the supportive services provided pursuant to Page 35 of127 CODING:
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hb0185-01-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/HB185 2024 paragraph (c) have not been successful to make the maintenance of the placement suitable or if there are other circumstances that require the child to be moved, the department or the community-based care lead agency must convene a multidisciplinary team staffing as required under s.
A copy of the notice must be Page 31 of119 CODING:
A copy of the notice must be filed with the court and be provided to all of the following:
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hb0185-02-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/HB185 2024 filed with the court and be provided to all of the following:
d.
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hb0185-01-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/HB185 2024 d.
Every effort must be made to keep a child in the school Page 32 of119 CODING:
Every effort must be made to keep a child in the school of origin if it is in the child's best interest.
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hb0185-02-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/HB185 2024 of origin if it is in the child's best interest.
Members of a multidisciplinary team staffing convened for a purpose other than a school change must determine the child's best interest regarding remaining in the school or program of origin if the child's educational options are affected by any other decision being made by the multidisciplinary team.
Members of a multidisciplinary team staffing convened for a purpose other than a school change must determine the child's best interest regarding remaining in the school or program of origin if the child's educational options are Page 37 of127 CODING:
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hb0185-01-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/HB185 2024 affected by any other decision being made by the multidisciplinary team.
The multidisciplinary team may rely on a report from the child's current school or program district and, if Page 33 of119 CODING:
The multidisciplinary team may rely on a report from the child's current school or program district and, if applicable, any other school district being considered for the educational placement if the required school personnel are not available to attend the multidisciplinary team staffing in person or remotely.
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hb0185-02-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/HB185 2024 applicable, any other school district being considered for the educational placement if the required school personnel are not available to attend the multidisciplinary team staffing in person or remotely.
must consider, at a minimum, all of the following factors when determining whether remaining in the school or program of origin is in the child's best interest or, if not, when selecting a new school or program:
must consider, at a minimum, all of the following factors when determining whether remaining in the Page 38 of127 CODING:
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hb0185-01-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/HB185 2024 school or program of origin is in the child's best interest or, if not, when selecting a new school or program:
Whether the child is a student with a disability under Page 34 of119 CODING:
Whether the child is a student with a disability under IDEA who is receiving special education and related services or a student with a disability under s.
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hb0185-02-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/HB185 2024 IDEA who is receiving special education and related services or a student with a disability under s.
Whether the child is an English Language Learner student and is receiving language services and, if so, whether those required services are available in a school or program other than the school or program of origin.
Whether the child is an English Language Learner student and is receiving language services and, if so, whether Page 39 of127 CODING:
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hb0185-01-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/HB185 2024 those required services are available in a school or program other than the school or program of origin.
Page 35 of119 CODING:
o.
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hb0185-02-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/HB185 2024 o.
Section 16.
Section 17.
39.407 Medical, psychiatric, and psychological examination and treatment of child;
39.407 Medical, psychiatric, and psychological examination Page 40 of127 CODING:
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hb0185-01-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/HB185 2024 and treatment of child;
The court may, in the best interests of the child, order the department to obtain a medical opinion addressing Page 36 of119 CODING:
The court may, in the best interests of the child, order the department to obtain a medical opinion addressing whether the continued use of the medication under the circumstances is safe and medically appropriate.
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Section 18.
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hb0185-02-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/HB185 2024 whether the continued use of the medication under the circumstances is safe and medically appropriate.
Section 17.
Office of the Children's Ombudsman.— (1) The Legislature finds that the design and delivery of child welfare services should be directed by the principle that the health and safety of children, including the freedom from abuse, abandonment, or neglect, is of paramount concern and, therefore, establishes the following goals for children in shelter or foster care:
Office of the Children's Ombudsman.— (1) The Legislature finds that the design and delivery of Page 41 of127 CODING:
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hb0185-01-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/HB185 2024 child welfare services should be directed by the principle that the health and safety of children, including the freedom from abuse, abandonment, or neglect, is of paramount concern and, therefore, establishes the following goals for children in shelter or foster care:
(u) To have all their records available for review by Page 37 of119 CODING:
(u) To have all their records available for review by their guardian ad litem and attorney ad litem, if one is appointed, if they deem such review necessary.
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hb0185-02-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/HB185 2024 their guardian ad litem and attorney ad litem, if one is appointed, if they deem such review necessary.
A person does not have a cause of action against the state or any of its subdivisions, agencies, contractors, subcontractors, or agents, based upon the adoption of or failure to provide adequate funding for the achievement of these goals by the Legislature.
A person does not have a cause of action against Page 42 of127 CODING:
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hb0185-01-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/HB185 2024 the state or any of its subdivisions, agencies, contractors, subcontractors, or agents, based upon the adoption of or failure to provide adequate funding for the achievement of these goals by the Legislature.
Section 18.
Section 19.
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Section 20.
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hb0185-02-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/HB185 2024 Section 19.
The department or community-based care lead agency must notify a current caregiver who has been in the physical custody placement for at least 9 consecutive months and who meets all the established criteria in paragraph (b) of an intent to change the physical custody of the child, and a multidisciplinary team staffing must be held in accordance with ss.
The department or community-based care lead agency must notify a current caregiver who has been in the physical custody placement for at least 9 consecutive months and who Page 43 of127 CODING:
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hb0185-01-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/HB185 2024 meets all the established criteria in paragraph (b) of an intent to change the physical custody of the child, and a multidisciplinary team staffing must be held in accordance with ss.
The transition of the child to the new caregiver may not begin before the expiration of the 5-day Page 39 of119 CODING:
The transition of the child to the new caregiver may not begin before the expiration of the 5-day period within which the current caregiver may object.
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hb0185-02-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/HB185 2024 period within which the current caregiver may object.
4.
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hb0185-01-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/HB185 2024 4.
Section 20.
Section 21.
Paragraph (c) of subsection (1) and paragraph (c) of subsection (3) of section 39.6012, Florida Statutes, are Page 40 of119 CODING:
Paragraph (c) of subsection (1) and paragraph (c) of subsection (3) of section 39.6012, Florida Statutes, are amended to read:
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hb0185-02-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/HB185 2024 amended to read:
39.01(34)(g), the case plan must include as a required task for the parent whose actions caused the harm that the parent submit to a substance abuse disorder assessment or evaluation and participate and comply with treatment and services identified in the assessment or evaluation as being necessary.
39.01(34)(g), the case plan must include as a required task for the parent whose actions caused the harm that Page 45 of127 CODING:
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hb0185-01-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/HB185 2024 the parent submit to a substance abuse disorder assessment or evaluation and participate and comply with treatment and services identified in the assessment or evaluation as being necessary.
Section 21.
Section 22.
39.6036 Supportive adults for children transitioning out of foster care.— (1) The Legislature finds that a committed, caring adult provides a lifeline for a child transitioning out of foster care Page 41 of119 CODING:
39.6036 Supportive adults for children transitioning out of foster care.— (1) The Legislature finds that a committed, caring adult provides a lifeline for a child transitioning out of foster care to live independently.
Accordingly, it is the intent of the Legislature that the Statewide Guardian ad Litem Office help children connect with supportive adults with the hope of creating an ongoing relationship that lasts into adulthood.
(2) The Statewide Guardian ad Litem Office shall work with a child who is transitioning out of foster care to identify at least one supportive adult with whom the child can enter into a Page 46 of127 CODING:
hb0185-02-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/HB185 2024 to live independently.
hb0185-01-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/HB185 2024 formal agreement for an ongoing relationship and document such agreement in the child's court file.
Accordingly, it is the intent of the Legislature that the Statewide Guardian ad Litem Office help children connect with supportive adults with the hope of creating an ongoing relationship that lasts into adulthood.
(2) The Statewide Guardian ad Litem Office shall work with a child who is transitioning out of foster care to identify at least one supportive adult with whom the child can enter into a formal agreement for an ongoing relationship and document such agreement in the child's court file.
Section 22.
Section 23.
(c) The court shall base its decision concerning any motion by a parent for reunification or increased contact with a Page 42 of119 CODING:
(c) 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 and emotional health of the child.
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hb0185-02-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/HB185 2024 child on the effect of the decision on the safety, well-being, and physical and emotional health of the child.
The circumstances which caused the child's dependency and whether those circumstances have been resolved;
The circumstances which caused the child's dependency Page 47 of127 CODING:
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hb0185-01-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/HB185 2024 and whether those circumstances have been resolved;
Section 23.
Section 24.
The guardian ad litem must also advise the court whether the child has been connected with a supportive adult and, if the child has been connected with a supportive adult, Page 43 of119 CODING:
The guardian ad litem must also advise the court whether the child has been connected with a supportive adult and, if the child has been connected with a supportive adult, whether the child has entered into a formal agreement with the adult.
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hb0185-02-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/HB185 2024 whether the child has entered into a formal agreement with the adult.
Section 24.
Section 25.
Paragraphs (b) and (f) of subsection (1), paragraph (c) of subsection (2), subsection (3), and paragraph (e) of subsection (4) of section 39.701, Florida Statutes, are amended to read:
Paragraphs (b) and (f) of subsection (1), paragraph (c) of subsection (2), subsection (3), and paragraph (e) of subsection (4) of section 39.701, Florida Statutes, are Page 48 of127 CODING:
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hb0185-01-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/HB185 2024 amended to read:
(f) Notice of a judicial review hearing or a citizen review panel hearing, and a copy of the motion for judicial Page 44 of119 CODING:
(f) Notice of a judicial review hearing or a citizen review panel hearing, and a copy of the motion for judicial review, if any, must be served by the clerk of the court upon all of the following persons, if available to be served, regardless of whether the person was present at the previous hearing at which the date, time, and location of the hearing was announced:
1.
The social service agency charged with the supervision of care, custody, or guardianship of the child, if that agency Page 49 of127 CODING:
hb0185-02-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/HB185 2024 review, if any, must be served by the clerk of the court upon all of the following persons, if available to be served, regardless of whether the person was present at the previous hearing at which the date, time, and location of the hearing was announced:
hb0185-01-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/HB185 2024 is not the movant.
1.
The social service agency charged with the supervision of care, custody, or guardianship of the child, if that agency is not the movant.
(2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF AGE.— (c) Review determinations.—The court and any citizen review panel shall take into consideration the information contained in the social services study and investigation and all medical, psychological, and educational records that support the Page 45 of119 CODING:
(2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF AGE.— (c) Review determinations.—The court and any citizen review panel shall take into consideration the information contained in the social services study and investigation and all medical, psychological, and educational records that support the terms of the case plan;
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hb0185-02-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/HB185 2024 terms of the case plan;
These reports and evidence may be received by the court in its effort to determine the action to be taken with regard to the child and may be relied upon to the extent of their probative value, even though not competent in an adjudicatory hearing.
These reports and evidence Page 50 of127 CODING:
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hb0185-01-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/HB185 2024 may be received by the court in its effort to determine the action to be taken with regard to the child and may be relied upon to the extent of their probative value, even though not competent in an adjudicatory hearing.
If appropriate, the court may refer the child to the Page 46 of119 CODING:
If appropriate, the court may refer the child to the district school superintendent for appointment of a surrogate parent or may itself appoint a surrogate parent under the Individuals with Disabilities Education Act and s.
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hb0185-02-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/HB185 2024 district school superintendent for appointment of a surrogate parent or may itself appoint a surrogate parent under the Individuals with Disabilities Education Act and s.
The compliance or lack of compliance with a visitation contract between the parent and the social service agency for contact with the child, including the frequency, duration, and results of the parent-child visitation and the reason for any noncompliance.
The compliance or lack of compliance with a visitation Page 51 of127 CODING:
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hb0185-01-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/HB185 2024 contract between the parent and the social service agency for contact with the child, including the frequency, duration, and results of the parent-child visitation and the reason for any noncompliance.
39.6012, including, but not limited to, the appropriateness of the child's current placement, including whether the child is in a setting that is as family-like and as close to the parent's home as possible, consistent with the child's best interests and special needs, and including Page 47 of119 CODING:
39.6012, including, but not limited to, the appropriateness of the child's current placement, including whether the child is in a setting that is as family-like and as close to the parent's home as possible, consistent with the child's best interests and special needs, and including maintaining stability in the child's educational placement, as documented by assurances from the community-based care lead agency that:
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hb0185-02-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/HB185 2024 maintaining stability in the child's educational placement, as documented by assurances from the community-based care lead agency that:
b.
Page 52 of127 CODING:
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hb0185-01-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/HB185 2024 b.
Page 48 of119 CODING:
Amendments to the case plan must be made under s.
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hb0185-02-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/HB185 2024 Amendments to the case plan must be made under s.
(3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE.— At each review hearing held under this subsection, the court shall give the child and the guardian ad litem the opportunity to address the court and provide any information relevant to the child's best interest, particularly in relation to independent living transition services.
(3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE.— At each review hearing held under this subsection, the court shall give the child and the guardian ad litem the opportunity Page 53 of127 CODING:
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hb0185-01-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/HB185 2024 to address the court and provide any information relevant to the child's best interest, particularly in relation to independent living transition services.
393.12 or a guardian under chapter 744, the Page 49 of119 CODING:
393.12 or a guardian under chapter 744, the updated case plan must be developed in a face-to-face conference with the child, if appropriate;
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hb0185-02-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/HB185 2024 updated case plan must be developed in a face-to-face conference with the child, if appropriate;
The court shall issue an order, separate from the order on judicial review, that the disability of nonage of the child has been removed under ss.
The court shall issue an Page 54 of127 CODING:
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hb0185-01-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/HB185 2024 order, separate from the order on judicial review, that the disability of nonage of the child has been removed under ss.
If the child has received such benefits and they are being held in trust for the child, a full accounting of Page 50 of119 CODING:
If the child has received such benefits and they are being held in trust for the child, a full accounting of these funds must be provided and the child must be informed as to how to access those funds.
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hb0185-02-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/HB185 2024 these funds must be provided and the child must be informed as to how to access those funds.
If the child is eligible for the Road-to-Independence Program, he or she must be advised that he or she may continue to reside with the licensed family home or group care provider with whom the child was residing at the time the child attained his or her 18th birthday, in another licensed family home, or with a group care provider arranged by the department.
If the child is eligible for the Road-to-Independence Page 55 of127 CODING:
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hb0185-01-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/HB185 2024 Program, he or she must be advised that he or she may continue to reside with the licensed family home or group care provider with whom the child was residing at the time the child attained his or her 18th birthday, in another licensed family home, or with a group care provider arranged by the department.
A letter providing the dates that the child is under Page 51 of119 CODING:
A letter providing the dates that the child is under the jurisdiction of the court.
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hb0185-02-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/HB185 2024 the jurisdiction of the court.
A statement encouraging the child to attend all judicial review hearings.
A statement encouraging the child to attend all Page 56 of127 CODING:
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hb0185-01-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/HB185 2024 judicial review hearings.
Any other interested parties or participants may make efforts to Page 52 of119 CODING:
Any other interested parties or participants may make efforts to identify such a guardian advocate, limited guardian, or plenary guardian.
The child's biological or adoptive family members, including the child's parents if the parents' rights have not been terminated, may not be considered for service as the plenary or limited guardian unless the court enters a written order finding that such an appointment is in the child's best interests.
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hb0185-02-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/HB185 2024 identify such a guardian advocate, limited guardian, or plenary guardian.
hb0185-01-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/HB185 2024 3.
The child's biological or adoptive family members, including the child's parents if the parents' rights have not been terminated, may not be considered for service as the plenary or limited guardian unless the court enters a written order finding that such an appointment is in the child's best interests.
3.
Any proceedings seeking appointment of a guardian advocate or a determination of incapacity and the appointment of a guardian must be conducted in a separate proceeding in the court division with jurisdiction over guardianship matters and Page 53 of119 CODING:
Any proceedings seeking appointment of a guardian advocate or a determination of incapacity and the appointment of a guardian must be conducted in a separate proceeding in the court division with jurisdiction over guardianship matters and pursuant to chapter 744.
(d) If the court finds at the judicial review hearing after the child's 17th birthday that the department has not met its obligations to the child as stated in this part, in the written case plan, or in the provision of independent living services, the court may issue an order directing the department to show cause as to why it has not done so.
If the department Page 58 of127 CODING:
hb0185-02-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/HB185 2024 pursuant to chapter 744.
hb0185-01-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/HB185 2024 cannot justify its noncompliance, the court may give the department 30 days within which to comply.
(d) If the court finds at the judicial review hearing after the child's 17th birthday that the department has not met its obligations to the child as stated in this part, in the written case plan, or in the provision of independent living services, the court may issue an order directing the department to show cause as to why it has not done so.
If the department cannot justify its noncompliance, the court may give the department 30 days within which to comply.
Page 54 of119 CODING:
a.
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hb0185-02-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/HB185 2024 a.
Ensure that the child, if he or she requests termination of dependency jurisdiction and discharge from foster care, has been informed of:
Ensure that the child, if he or she requests Page 59 of127 CODING:
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hb0185-01-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/HB185 2024 termination of dependency jurisdiction and discharge from foster care, has been informed of:
Notwithstanding the provisions of this subsection, if a young adult has chosen to remain in extended foster care after he or she has reached 18 years of age, the department may Page 55 of119 CODING:
Notwithstanding the provisions of this subsection, if a young adult has chosen to remain in extended foster care after he or she has reached 18 years of age, the department may not close a case and the court may not terminate jurisdiction until the court finds, following a hearing, that the following criteria have been met:
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hb0185-02-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/HB185 2024 not close a case and the court may not terminate jurisdiction until the court finds, following a hearing, that the following criteria have been met:
The young adult has been informed by the department of his or her right to attend the hearing and has provided written consent to waive this right;
The young adult has been informed by the department of his or her right to attend the hearing and has provided Page 60 of127 CODING:
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hb0185-01-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/HB185 2024 written consent to waive this right;
The court shall also inquire of the young adult regarding his or her relationship with the Page 56 of119 CODING:
The court shall also inquire of the young adult regarding his or her relationship with the supportive adult with whom the young adult has entered into a formal agreement for an ongoing relationship, if such agreement exists.
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Section 26.
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hb0185-02-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/HB185 2024 supportive adult with whom the young adult has entered into a formal agreement for an ongoing relationship, if such agreement exists.
Section 25.
service of process.— (3) Before the court may terminate parental rights, in addition to the other requirements set forth in this part, the following requirements must be met:
service of process.— Page 61 of127 CODING:
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hb0185-01-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/HB185 2024 (3) Before the court may terminate parental rights, in addition to the other requirements set forth in this part, the following requirements must be met:
Page 57 of119 CODING:
39.503 or s.
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Action History

  1. Laid on Table, companion bill(s) passed, see CS/CS/CS/SB 1224 (Ch. 2024-70)

  2. Added to Second Reading Calendar

  3. Temporarily postponed, on 2nd Reading

  4. Bill added to Special Order Calendar (3/1/2024)

  5. Added to Second Reading Calendar

  6. Bill released to House Calendar

  7. Reported out of Health & Human Services Committee

  8. Favorable by Health & Human Services Committee

  9. Added to Health & Human Services Committee agenda

  10. Now in Health & Human Services Committee

  11. Referred to Health & Human Services Committee

  12. 1st Reading (Committee Substitute 2)

  13. CS Filed

  14. Laid on Table under Rule 7.18(a)

  15. Reported out of Appropriations Committee

  16. Favorable with CS by Appropriations Committee

  17. Added to Appropriations Committee agenda

  18. 1st Reading (Committee Substitute 1)

  19. 1st Reading (Original Filed Version)

  20. Now in Appropriations Committee

  21. Referred to Health & Human Services Committee

  22. Referred to Appropriations Committee

  23. Original reference removed: Civil Justice Subcommittee

  24. CS Filed

  25. Laid on Table under Rule 7.18(a)

  26. Reported out of Children, Families & Seniors Subcommittee

  27. Favorable with CS by Children, Families & Seniors Subcommittee

  28. Added to Children, Families & Seniors Subcommittee agenda

  29. Now in Children, Families & Seniors Subcommittee

  30. Referred to Health & Human Services Committee

  31. Referred to Civil Justice Subcommittee

  32. Referred to Children, Families & Seniors Subcommittee

  33. Filed

Sponsors

Sponsorship breakdown

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4 sponsors · 5 co-sponsors · 155 not signed on · 4 voted No

Sponsors (4)

Co-sponsors (5)

Not signed on (155)

155 members have not signed on to this bill.

Show all 155 →

"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 (Health & Human Services Committee)

Passed 19 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 3000
Republican 11001
Democrat 5001
Total 19002
% of votes cast 90%0%0%10%
How each member voted (21)
Member Party Vote
Amesty — Yea
Fine — Yea
Grant — Yea
Cross, Lindsay Democrat Yea
Dunkley, Lisa Democrat Yea
Edmonds, Jervonte "Tae" Democrat Not Voting
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Skidmore, Kelly Democrat Yea
Woodson, Marie Paule Democrat Yea
Anderson, Adam Republican Yea
Baker, Jessica Republican Yea
Borrero, David Republican Yea
Koster, Traci Republican Yea
Massullo, Ralph E., Jr. Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Salzman, Michelle Republican Yea
Snyder, John Republican Yea
Trabulsy, Dana Republican Yea
Tuck, Kaylee Republican Yea
Yarkosky, Taylor Michael Republican Not Voting

Official roll call →

Favorable With Committee Substitute (Appropriations Committee)

Passed 23 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 10000
Republican 7005
Democrat 6000
Total 23005
% of votes cast 82%0%0%18%
How each member voted (28)
Member Party Vote
Altman — Yea
Bell — Yea
Benjamin — Yea
Fine — Yea
Grant — Yea
Payne — Yea
Rommel — Yea
Silvers — Yea
Stevenson — Yea
Tomkow — Yea
Daley, Dan Democrat Yea
Driskell, Fentrice Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Hunschofsky, Christine Democrat Yea
Skidmore, Kelly Democrat Yea
Andrade, Robert Alexander "Alex" Republican Not Voting
Brannan III, Robert Charles "Chuck" Republican Yea
Busatta, Demi Republican Yea
Chaney, Linda Republican Yea
Garrison, Sam Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClure, Lawrence Republican Yea
Mooney Jr., James Vernon "Jim" Republican Not Voting
Perez, Daniel Republican Not Voting
Salzman, Michelle Republican Not Voting
Shoaf, Jason Republican Not Voting

Official roll call →

Favorable With Committee Substitute (Children, Families & Seniors Subcommittee)

Passed 13 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 9000
Democrat 0401
Unaffiliated 4000
Total 13401
% of votes cast 72%22%0%6%
How each member voted (18)
Member Party Vote
Killebrew — Yea
Roach — Yea
Williams — Yea
Lopez, V. — Yea
Harris, Jennifer "Rita" Democrat Nay
Joseph, Dotie Democrat Nay
Rayner, Michele K. Democrat Not Voting
Robinson, Felicia Simone Democrat Nay
Woodson, Marie Paule Democrat Nay
Basabe, Fabián Republican Yea
Berfield, Kimberly Republican Yea
Black, Dean Republican Yea
Borrero, David Republican Yea
Gossett-Seidman, Peggy Republican Yea
Koster, Traci Republican Yea
Maney, Patt Republican Yea
Michael, Kiyan Republican Yea
Tramont, Chase Republican Yea

Official roll call →

Subjects

civil-rights
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Frequently asked questions

What does HB 185 do?
Dependent Children; Revises laws relating to dependent children including requiring GAL for each child; authorizes GALs to represent child in other proceedings; access records, request continuances, & receive notices; provides duties & responsibilities of GALs; requiring Statewide Guardian ad Litem Office to provide oversight & assistance to attorneys ad litem, & assist child find supportive adult; requires Office of Continuing Care to work in coordination with Statewide Guardian ad Litem Office; authorizes Fostering Prosperity program to provide grants.
Who sponsors HB 185?
HB 185 is sponsored by Appropriations Committee, Trabulsy, Dana (Republican), Baker, Jessica (Republican), Chaney, Linda (Republican), Edmonds, Jervonte "Tae" (Democrat), Garcia, López, Johanna (Democrat), Mooney Jr., James Vernon "Jim" (Republican), and Children, Families & Seniors Subcommittee.
What is the current status of HB 185?
This bill died with 2024 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 185?
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