HB 7123 CS (2006) -  Child Protective Services

General Bill by Future of Florida's Families Committee and Galvano
Child Protective Services: Provides rulemaking authority to the Department of Children and Family Services to provide certain information in a child's case plan to physical custodians and family services counselors; provides for time limitations and circumstances under which a continuance may be granted in child protective cases; provides that state laws do not supersede certain federal laws; requires the department to conduct criminal records checks of persons being considered as prospective foster parents; specifies information the criminal records checks may include; prohibits the department from placing a child with a person other than a parent under certain circumstances; requires persons with whom placement of a child is being considered or approved to disclose certain information; provides that a court may review the granting or denial of an exemption from disqualification to care for a dependent child; provides that a person seeking placement of a child who is disqualified bears the burden of providing evidence of rehabilitation; requires that any person who knows or suspects that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care must report this information to the central abuse hotline; redefines the term "criminal conduct" to include a child who is known or suspected to be a victim of human trafficking; requires each child protective investigator to inform the person who is the subject of a child protective investigation that he or she has a duty to report any change in the residence or location of the child to the investigator and that the duty to report continues until the investigation is closed; provides that the department may rely upon a previous report to indicate that child abuse has occurred; provides that if the child has moved to a different residence or location, a report may be filed with a law enforcement agency; requires that a shelter hearing order contain specified information relating to the availability of services to prevent removal from the home; requires notification of certain parties regarding case plan or family team conferences or mediation; provides a timeframe for the conference or mediation; requires a parent to provide certain information regarding relatives with whom a child may be placed; provides circumstances under which parental rights may be terminated and the child's out-of-home placement may become permanent; requires the court to inquire of the parents whether the parents have relatives who might be considered as a placement for the child; directs the court to advise the parents that, if the child is not returned to their custody within 12 months, their parental rights may be terminated and the child's out-of-home placement may become permanent; revises the content of an order of disposition issued by the court; requires the court to consider the continuity of the child's placement in the same out-of-home residence as a factor when determining the best interest of the child in a postdisposition proceeding to modify custody; provides procedures for drafting and implementing a case plan; requires certain face-to-face meetings; specifies contents of a case plan; requires the department to prepare a case plan for each child receiving services from the department; requires all parties, except the child, to sign the case plan; requires the case plan to provide documentation when the permanency goal for the child is adoption; requires the case plan to be filed with the court and copies to be provided to all parties; requires certain information to follow a child until permanency is achieved; provides for case plan tasks and services; requires a parent to complete certain tasks in order to receive certain services; provides for the content of case plans; provides for amendments to a case plan; describes the circumstances under which a case plan may be modified; requires certain information to be included in amendments to a case plan; requires copies to be distributed to specified parties; requires that case plans and amendments be approved by the court and that copies of the amended plan be provided to certain parties; requires a permanency hearing to be held within a specified timeframe; specifies permanency goals; provides prehearing procedures; directs the court to make certain findings at the permanency hearing; requires certain factors to be considered by the court in determining the permanency goal for the child; permits parents to make a motion for reunification or increased contact; provides that certain placements do not terminate the relationship between the parent and the child; provides for the permanent guardianship for a dependent child; authorizes the court to consider a permanent guardian as a long-term option for a dependent child; requires a written order; provides for the contents of the permanent guardianship order; exempts the permanent guardianship of a child from the requirements of ch. 744, F.S.; provides for the court to retain jurisdiction; provides that placement in permanent guardianship does not terminate the relationship between the parent and the child; provides circumstances for placement of a child with a fit and willing relative; requires the court to specify the reasons to place a child with a relative; requires the court to establish the relative's authority to care for the child; provides for the department to supervise the placement for a specified time; requires the court to continue to conduct permanency hearings; authorizes the court to place a child in another planned permanent living arrangement; requires the department and guardian ad litem to provide the court with information regarding the needs of the child; requires the department to supervise the living arrangement until further court order and specifies how often a court must review a placement; requires that a child's current health, mental health, and education records be included in the documentation for the judicial review report; authorizes the court and citizen review panel to make certain determinations; provides for amendments to a case plan; removes a provision relating to the extension of a time limitation or the modification of terms of a case plan; requires the court to conduct a judicial review 6 months after the child is placed in shelter care; provides when the department may file a petition for termination of parental rights; provides circumstances under which the department may choose not to file a petition; provides for court review of a determination by the department not to file a petition; authorizes a material breach of the case plan as a ground to terminate parental rights; requires that the department show, and the court find, the material breach by clear and convincing evidence; provides certain factors for the court to consider for the best interest of the child.
Companion Bill passed CS/CS/SB 1080 Child Protective Services By Judiciary and Children and Families and Children and Families
Effective Date: July 1, 2006.
Last Event: Companion Bill passed, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 1080 (Ch. 2006-86) on Tuesday, May 2, 2006 2:41 PM; HB Laid on Table

PCB committee actions:

  • PCB FFF 06-03 recommended by:
    Future of Florida's Families Committee

Referred Committees and Committee Actions

House Referrals

Related Bills

Bill # Subject Relationship
Bill #: CS/CS/SB 1080 Subject: Child Protective Services Relationship: Similar
Bill #: HB 1521 CS Subject: Children in Out-of-Home Placements Relationship: Compare

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Health & Families Council 4/21/2006 10:07:47 AM
Chamber: House Committee: Health & Families Council 4/17/2006 2:21:03 PM
Chamber: House Committee: Civil Justice Committee 4/4/2006 4:21:30 PM
Chamber: House Committee: Civil Justice Committee 3/31/2006 3:52:02 PM
Chamber: House Committee: Future of Florida's Families Committee 3/15/2006 3:34:41 PM
Chamber: House Committee: Future of Florida's Families Committee 3/15/2006 3:33:40 PM
Chamber: House Committee: Future of Florida's Families Committee 3/13/2006 3:06:34 PM

Vote History

(No Votes Recorded)

Bill History

Event Time Member Committee Ver.
Event: H Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 1080 (Ch. 2006-86) Time: 05/02/2006 - 2:41 PM Member: Committee: Version: c1
Event: H Substituted CS/CS/SB 1080 Time: 05/02/2006 - 2:41 PM Member: Committee: Version: c1
Event: H Bill added to Special Order Calendar (5/2/2006) Time: 05/02/2006 - 12:14 AM Member: Committee: Version: c1
Event: H Amendment 688117 filed Time: 04/28/2006 - 2:40 PM Member: Committee: Version: c1
Event: H Added to Second Reading Calendar Time: 04/21/2006 - 4:42 PM Member: Committee: Version: c1
Event: H Bill released to House Calendar Time: 04/21/2006 - 4:42 PM Member: Committee: Version: c1
Event: H Pending review of CS under Rule 6.3 Time: 04/21/2006 - 9:26 AM Member: Committee: Version: c1
Event: H Reported out of Health & Families Council Time: 04/21/2006 - 9:20 AM Member: Committee: Health & Families Council Version: __
Event: H Favorable with CS by Health & Families Council Time: 04/18/2006 - 12:15 PM Member: Committee: Health & Families Council Version: __
Event: H Added to Health & Families Council agenda Time: 04/14/2006 - 2:19 PM Member: Committee: Health & Families Council Version: __
Event: H Now in Health & Families Council Time: 04/04/2006 - 4:22 PM Member: Committee: Health & Families Council Version: __
Event: H Reported out of Civil Justice Committee Time: 04/04/2006 - 4:22 PM Member: Committee: Civil Justice Committee Version: __
Event: H Favorable by Civil Justice Committee Time: 04/04/2006 - 11:00 AM Member: Committee: Civil Justice Committee Version: __
Event: H Added to Civil Justice Committee agenda Time: 03/31/2006 - 4:23 PM Member: Committee: Civil Justice Committee Version: __
Event: H Added as workshop bill to Civil Justice Committee agenda Time: 03/24/2006 - 4:21 PM Member: Committee: Civil Justice Committee Version: __
Event: H Now in Civil Justice Committee Time: 03/22/2006 - 3:51 PM Member: Committee: Civil Justice Committee Version: __
Event: H Referred to Health & Families Council Time: 03/22/2006 - 3:51 PM Member: Committee: Health & Families Council Version: __
Event: H Referred to Civil Justice Committee Time: 03/22/2006 - 3:51 PM Member: Committee: Civil Justice Committee Version: __
Event: H 1st Reading Time: 03/15/2006 - 6:38 PM Member: Committee: Version: __
Event: H Filed Time: 03/15/2006 - 11:22 AM Member: Committee: Future of Florida's Families Committee Version: __

Statutes Referenced by this Bill

Statute Other Bill Citations
39.0015 HB 7173
39.0015 HB 7173
39.01 HB 335, HB 7173
39.01 HB 335, HB 7173
39.0121
39.0121
39.013 HB 1607, HB 7173
39.013 HB 1607, HB 7173
39.0136
39.0136
39.0137
39.0137
39.0138
39.0138
39.201 HB 1033
39.201 HB 1033
39.205
39.205
39.301 HB 1239, HB 1325
39.301 HB 1239, HB 1325
39.302 HB 7173
39.302 HB 7173
39.303
39.303
39.402 HB 1521 CS
39.402 HB 1521 CS
39.507 HB 175
39.507 HB 175
39.5085
39.5085
39.521 HB 175, HB 1521 CS
39.521 HB 175, HB 1521 CS
39.522 HB 1521 CS
39.522 HB 1521 CS
39.601
39.601
39.6011
39.6011
39.6012
39.6012
39.6013
39.6013
39.603
39.603
39.621
39.621
39.622
39.622
39.6221
39.6221
39.623
39.623
39.6231
39.6231
39.624
39.624
39.6241
39.6241
39.701 HB 175, HB 1607, HB 7173
39.701 HB 175, HB 1607, HB 7173
39.703
39.703
39.802
39.802
39.8055
39.806
39.806
39.806
39.806
39.810
39.810
39.811
39.811
39.828
39.828
63.092
63.092
409.165 HB 7067
409.165 HB 7067
419.001 HB 351, HB 501 CS, HB 1503, HB 7029
419.001 HB 351, HB 501 CS, HB 1503, HB 7029
435.045
435.045