A quick check of proposed bills through www.myfloridahouse.gov reveals some interesting proposed changes to Chapter 39:
HB 271 - Sexual Battery, a bill proposed by Hooper, now in Committee on Constitutional & Civil Law - would create a new ground for termination of parental rights:
39.806(1) Grounds for termination of parental rights.--
(j) When the parent has pled guilty or nolo contendre to, or is convicted of, a sexual battery as defined in s. 794.011 or of an act committed outside this state which would be a sexual battery if committed in this state, which results in the victim giving birth to a child.
See also: CS/SB 638 - Sexual Battery/Termination of Parental Rights, a bill proposed by Children, Families, and Elder Affairs and Jones (CO-SPONSORS) Gaetz - this bill proposes the same grounds for termination but allows that ground to serve as a basis for expedited TPR and one-parent TPR.
HOW DOES THIS SIT WITH YOU?? I see some constitutional pitfalls built right into this proposed legislation.
____________________
There is also a proposed bill that appears to renew efforts to provide counsel for children:
SB374 - Child Dependency/Legal Representation, a bill proposed by Lynn, proposes the following amendments:
39.402 Placement in shelter.--
(8)(c) At the shelter hearing, the court shall: 1. Appoint a guardian ad litem to represent the best interest of the child, unless the court finds that such representation is unnecessary, and an attorney to represent the child if considered necessary by the court;
39.830 Attorney representation.--
(1) LEGISLATIVE INTENT.--In furtherance of the goals set forth in s. 39.4085, it is the intent of the Legislature that children in the dependency system receive needed legal representation.
(2)LEGAL REPRESENTATION.--Each circuit court shall establish a system for providing legal, client-directed representation for children taken into custody by the department and maintained in out-of-home care by court order pursuant to a hearing held under s. 39.402.
(a) At the hearing or at any time following the hearing, the court may appoint an attorney who has completed the training program under subsection (3) to represent the child upon motion of a party or upon the court's own motion, if the court considers such representation necessary. Upon the court's determination, the department shall provide to the attorney the name of the child, the location and placement of the child, the name of the department's authorized agent and contact information, copies of all notices sent to the parent or legal custodian of the child, and any other relevant information or records concerning the child.
(b)Once assigned, the attorney shll represent the child's wishes after consulting with and advising the child in a manner appropriate to the child's age. The attorney must in all circumstances fulfill the same duties of advocacy, loyalty, confidentiality, and competent representation which are due an adult client. The attorney shall represent the child until discharged by court order because permanency has been achieved or the court believes that the legal representation is no longer necessary.
(c) The judicial circuit may contract with a public or private entity having appropriate expertise and training to provide attorney representation.
[section 3 provides for the development of a training program]
WHO IS PAYING FOR THIS AND WILL THAT BE THE DOWNFALL OF THIS EFFORT?? Since there would be a contract with the circuit, I presume that would have to include reasonable compensation. The lack of funding for attorneys or attorneys-ad-litem for children has been a problem. In my circuit, representation of children is limited to Legal Aid or pro bono attorneys (of which , I submit, there are few). When Legal Aid has had a conflict or is otherwise not availalbe, representation of children has been overlooked because of the funding problem. Also, I like how this bill would resolve a debate that I have participated in and witnessed - whether the attorney for the child speaks on behalf of the child alone or with an eye on "best interest."
What do you think??
No comments:
Post a Comment