Amendment SA1-SB65

LRBa2574/1

GMM:kjf:lmp

2011 - 2012 LEGISLATURE

SENATE AMENDMENT 1, TO 2011 SENATE BILL 65

March 6, 2012 - Offered by Senator Lazich.

SB65-SA1,1,1 At the locations indicated, amend the bill as follows:

SB65-SA1,1,2 1. Page 2, line 1: delete that line and substitute:

SB65-SA1,1,3 " Section 1d. 48.21 (5) (b) 2m. of the statutes is amended to read:

SB65-SA1,2,5 48.21 (5) (b) 2m. If the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been removed from the home, a finding as to whether the intake worker has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the judge or circuit court commissioner determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the judge or circuit court commissioner shall order the county department, department in a county having a population of 500,000 or more, or agency primarily responsible for providing services to the child under the custody order to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the judge or circuit court commissioner determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings. The determination shall be based on the best interests of the child and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under s. 48.345, 48.363, or 48.365.

SB65-SA1, s. 1g Section 1g. 48.32 (1) (b) 1m. of the statutes is amended to read:

SB65-SA1,2,22 48.32 (1) (b) 1m. If the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been removed from the home, the consent decree shall include a finding as to whether the county department, department in a county having a population of 500,000 or more, or agency primarily responsible for providing services to the child has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the judge or circuit court commissioner determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the judge or circuit court commissioner shall order the county department, department, or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the judge or circuit court commissioner determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings. The determination shall be based on the best interests of the child and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under s. 48.345, 48.363, or 48.365.

SB65-SA1, s. 1j Section 1j. 48.33 (4) (d) 2. of the statutes is amended to read:

SB65-SA1,3,9 48.33 (4) (d) 2. If a recommendation is made that the child and his or her siblings not be placed in a joint placement, specific information showing that the county department, department, or agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the county department, department, or agency recommends that such visitation or interaction not be provided, in which case the report shall include specific information showing that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings. The recommendation shall be based on the best interests of the child and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under s. 48.345, 48.363, or 48.365.

SB65-SA1, s. 1m Section 1m. 48.335 (3g) (d) 2. of the statutes is amended to read:

SB65-SA1,3,21 48.335 (3g) (d) 2. If a recommendation is made that the child and his or her siblings not be placed in a joint placement, that the county department, department, or agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the county department, department, or agency recommends that such visitation or interaction not be provided, in which case the county department, department, or agency shall present as evidence specific information showing that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings. The recommendation shall be based on the best interests of the child and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under s. 48.345, 48.363, or 48.365.

SB65-SA1, s. 1p Section 1p. 48.355 (2) (b) 6p. of the statutes is amended to read:

SB65-SA1,4,12 48.355 (2) (b) 6p. If the child is placed outside the home and if the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been placed outside the home, a finding as to whether the county department, the department in a county having a population of 500,000 or more, or the agency primarily responsible for providing services under a court order has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the court determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the court shall order the county department, department, or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the court determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings. The determination shall be based on the best interests of the child and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under s. 48.345, 48.363, or 48.365.

SB65-SA1, s. 1r Section 1r. 48.355 (3) (a) of the statutes is amended to read:".

SB65-SA1,4,14 2. Page 2, line 9: after that line insert:

SB65-SA1,4,15 " Section 1t. 48.357 (2v) (a) 2m. of the statutes is amended to read:

SB65-SA1,5,6 48.357 (2v) (a) 2m. If the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have been placed outside the home or for whom a change in placement to a placement outside the home is requested, a finding as to whether the county department, the department in a county having a population of 500,000 or more, or the agency primarily responsible for implementing the dispositional order has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the court determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the court shall order the county department, department, or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the court determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings. The determination shall be based on the best interests of the child and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under s. 48.345, 48.363, or 48.365.

SB65-SA1, s. 1v Section 1v. 48.365 (2m) (a) 1r. of the statutes is amended to read:

SB65-SA1,5,22 48.365 (2m) (a) 1r. a. If the child is placed outside of his or her home and if the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been placed outside the home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the agency has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the court has determined that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the agency shall present as evidence specific information showing that agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the court has determined that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings. The determination shall be based on the best interests of the child and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under this section or s. 48.345 or 48.363.

SB65-SA1,6,11 b. If the child is placed outside the home and if the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been placed outside the home, the findings of fact shall include a finding as to whether reasonable efforts have been made by the agency primarily responsible for providing services to the child to place the child in a placement that enables the sibling group to remain together, unless the court has determined that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the findings of fact shall include a finding as to whether reasonable efforts have been made by the agency to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the court has determined that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings. The determination shall be based on the best interests of the child and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under this section or s. 48.345 or 48.363.".

SB65-SA1,6,12 3. Page 3, line 6: after that line insert:

SB65-SA1,6,13 " Section 2d. 48.38 (5) (c) 8. of the statutes is amended to read:

SB65-SA1,7,2 48.38 (5) (c) 8. If the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been removed from the home, whether reasonable efforts were made by the agency to place the child in a placement that enables the sibling group to remain together, unless the court or panel determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the court or panel shall determine whether reasonable efforts were made by the agency to provide for frequent visitation or other ongoing interaction between the child and those siblings, unless the court or panel determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings. The determination shall be based on the best interests of the child and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under s. 48.345, 48.363, or 48.365.".

SB65-SA1,7,3 4. Page 3, line 22: after that line insert:

SB65-SA1,7,4 " Section 4d. 48.834 (2) of the statutes is amended to read:

SB65-SA1,7,22 48.834 (2) Placement with siblings. If a child who is being placed for adoption under s. 48.833 has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have been adopted or who have been placed for adoption, the department, county department under s. 48.57 (1) (e) or (hm), or child welfare agency making the placement shall make reasonable efforts to place the child for adoption with an adoptive parent or proposed adoptive parent of such a sibling who is identified in the child's permanency plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department, or child welfare agency, unless the department, county department, or child welfare agency determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the department, county department, or child welfare agency shall make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the department, county department, or child welfare agency determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings. The determination shall be based on the best interests of the child and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under s. 48.345, 48.363, or 48.365.

SB65-SA1, s. 4g Section 4g. 938.21 (5) (b) 2m. of the statutes is amended to read:

SB65-SA1,8,14 938.21 (5) (b) 2m. If the juvenile has one or more siblings, as defined in s. 938.38 (4) (br) 1., who have also been removed from the home, a finding as to whether the intake worker has made reasonable efforts to place the juvenile in a placement that enables the sibling group to remain together, unless the court determines that a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings, in which case the court shall order the county department or agency primarily responsible for providing services to the juvenile under the custody order to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the juvenile and the siblings, unless the court determines that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings. The determination shall be based on the best interests of the juvenile and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under s. 938.345, 938.363, or 938.365.

SB65-SA1, s. 4j Section 4j. 938.32 (1) (c) 1m. of the statutes is amended to read:

SB65-SA1,9,4 938.32 (1) (c) 1m. If the juvenile has one or more siblings, as defined in s. 938.38 (4) (br) 1., who have also been removed from the home, the consent decree shall include a finding as to whether the county department or agency primarily responsible for providing services to the juvenile has made reasonable efforts to place the juvenile in a placement that enables the sibling group to remain together, unless the court determines that a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings, in which case the court shall order the county department or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child juvenile and the siblings, unless the court determines that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings. The determination shall be based on the best interests of the juvenile and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under s. 938.345, 938.363, or 938.365.

SB65-SA1, s. 4m Section 4m. 938.33 (4) (d) 2. of the statutes is amended to read:

SB65-SA1,9,16 938.33 (4) (d) 2. If a recommendation is made that the juvenile and his or her siblings not be placed in a joint placement, specific information showing that the county department or agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the juvenile and the siblings, unless the county department or agency recommends that such visitation or interaction not be provided, in which case the report shall include specific information showing that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings. The recommendation shall be based on the best interests of the juvenile and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under s. 938.345, 938.363, or 938.365.

SB65-SA1, s. 4p Section 4p. 938.335 (3g) (d) 2. of the statutes is amended to read:

SB65-SA1,9,25 938.335 (3g) (d) 2. If a recommendation is made that the juvenile and his or her siblings not be placed in a joint placement, that the county department or agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the juvenile and the siblings, unless the county department or agency recommends that such visitation or interaction not be provided, in which case the county department or agency shall present as evidence specific information showing that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings. The recommendation shall be based on the best interests of the juvenile and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under s. 938.345, 938.363, or 938.365.

SB65-SA1, s. 4r Section 4r. 938.355 (2) (b) 6p. of the statutes is amended to read:

SB65-SA1,10,18 938.355 (2) (b) 6p. If the juvenile is placed outside the home and if the juvenile has one or more siblings, as defined in s. 938.38 (4) (br) 1., who have also been placed outside the home, a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to place the juvenile in a placement that enables the sibling group to remain together, unless the court determines that a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings, in which case the court shall order the county department or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the juvenile and the siblings, unless the court determines that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings. The order shall be based on the best interests of the juvenile and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under s. 938.345, 938.363, or 938.365.".

SB65-SA1,10,19 5. Page 4, line 7: after that line insert:

SB65-SA1,10,20 " Section 5g. 938.357 (2v) (a) 2m. of the statutes is amended to read:

SB65-SA1,11,11 938.357 (2v) (a) 2m. If the juvenile has one or more siblings, as defined in s. 938.38 (4) (br) 1., who have been placed outside the home or for whom a change in placement to a placement outside the home is requested, a finding as to whether the county department or the agency primarily responsible for implementing the dispositional order has made reasonable efforts to place the juvenile in a placement that enables the sibling group to remain together, unless the court determines that a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings, in which case the court shall order the county department or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the juvenile and the siblings, unless the court determines that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings. The determination shall be based on the best interests of the juvenile and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under s. 938.345, 938.363, or 938.365.

SB65-SA1, s. 5m Section 5m. 938.365 (2m) (a) 1r. of the statutes is amended to read:

SB65-SA1,12,2 938.365 (2m) (a) 1r. a. If the juvenile is placed outside of his or her home and if the juvenile has one or more siblings, as defined in s. 938.38 (4) (br) 1., who have also been placed outside the home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the agency has made reasonable efforts to place the juvenile in a placement that enables the sibling group to remain together, unless the court has determined that a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings, in which case the agency shall present as evidence specific information showing that agency has made reasonable efforts to provide for frequent visitation or other ongoing interaction between the juvenile and the siblings, unless the court has determined that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings. The determination shall be based on the best interests of the juvenile and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under this section or s. 938.345 or 938.363.

SB65-SA1,12,17 b. If the juvenile is placed outside the home and if the juvenile has one or more siblings, as defined in s. 938.38 (4) (br) 1., who have also been placed outside the home, the findings of fact shall include a finding as to whether reasonable efforts have been made by the agency primarily responsible for providing services to the juvenile to place the juvenile in a placement that enables the sibling group to remain together, unless the court has determined that a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings, in which case the findings of fact shall include a finding as to whether reasonable efforts have been made by the agency to provide for frequent visitation or other ongoing interaction between the juvenile and the siblings, unless the court has determined that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings. The determination shall be based on the best interests of the juvenile and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under this section or s. 938.345 or 938.363.".

SB65-SA1,12,18 6. Page 4, line 13: after that line insert:

SB65-SA1,12,19 " Section 6d. 938.38 (5) (c) 8. of the statutes is amended to read:

SB65-SA1,13,8 938.38 (5) (c) 8. If the juvenile has one or more siblings, as defined in s. 938.38 (4) (br) 1., who have also been removed from the home, whether reasonable efforts were made by the agency to place the juvenile in a placement that enables the sibling group to remain together, unless the court or panel determines that a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings, in which case the court or panel shall determine whether reasonable efforts were made by the agency to provide for frequent visitation or other ongoing interaction between the juvenile and those siblings, unless the court or panel determines that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings. The determination shall be based on the best interests of the juvenile and the siblings without regard to whether parental visitation has been denied, limited, or discontinued under an order under s. 938.345, 938.363, or 938.365.".

SB65-SA1,13,10 7. Page 4, line 15: delete the material beginning with "The" and ending with "statutes" on line 17 and substitute "Except as provided in subsection (2), this act".

SB65-SA1,13,11 (End)