Florida Senate - 2009                                    SB 1888
       
       
       
       By Senator Storms
       
       
       
       
       10-01145-09                                           20091888__
    1                        A bill to be entitled                      
    2         An act relating to temporary and concurrent custody of
    3         a child; revising ch. 751, F.S., relating to petitions
    4         and court orders awarding the temporary custody of a
    5         child to an extended family member, to also provide
    6         for concurrent custody with the parents of the child;
    7         amending ss. 751.01 and 751.02, F.S.; conforming
    8         provision to changes made by the act; amending s.
    9         751.011, F.S.; revising definitions; defining the term
   10         “concurrent custody”; amending s. 751.03, F.S.;
   11         revising the petition for concurrent custody to also
   12         include a description of efforts made to obtain
   13         consent; amending s. 751.05, F.S.; providing that if a
   14         parent objects to a petition for concurrent custody,
   15         the court shall give the petitioner the option of
   16         converting the petition to one for temporary custody;
   17         providing that an order granting concurrent custody
   18         does not affect the ability of the parents to obtain
   19         the physical custody of the child at any time;
   20         amending ss. 39.013 and 49.011, F.S.; conforming
   21         references; providing an effective date.
   22         
   23  Be It Enacted by the Legislature of the State of Florida:
   24         
   25         Section 1. Subsection (3) of section 751.01, Florida
   26  Statutes, is amended to read:
   27         751.01 Purpose of act.—The purposes of ss. 751.01-751.05
   28  are to:
   29         (3) Provide temporary or concurrent custody of a minor
   30  child to a family member having physical custody of the minor
   31  child to enable the custodian to:
   32         (a) Consent to all necessary and reasonable medical and
   33  dental care for the child, including nonemergency surgery and
   34  psychiatric care.;
   35         (b) Secure copies of the child's records, held by third
   36  parties, that are necessary for to the care of the child,
   37  including, but not limited to:
   38         1. Medical, dental, and psychiatric records;
   39         2. Birth certificates and other records; and
   40         3. Educational records;
   41         (c) Enroll the child in school and grant or withhold
   42  consent for a child to be tested or placed in special school
   43  programs, including exceptional education.; and
   44         (d) Do all other things necessary for the care of the
   45  child.
   46         Section 2. Section 751.011, Florida Statutes, is amended to
   47  read:
   48         751.011 Definitions.—As used in this chapter ss. 751.01
   49  751.05, the term:
   50         (1)Concurrent custody” means that a person who is
   51  eligible to obtain temporary custody of a minor child under this
   52  chapter obtains custodial rights to care for the child
   53  concurrently with the child’s parent or parents. A finding of
   54  abuse, abandonment, or neglect is not necessary for granting
   55  concurrent custody over the objection of a parent. An order
   56  granting concurrent custody does not eliminate or diminish the
   57  custodial rights of the child’s parent or parents.
   58         (2) “Extended family member” means a is any person who is:
   59         (a)(1) A relative of a minor child within the third degree
   60  by blood or marriage to the parent; or
   61         (b)(2) The stepparent of a minor child if the stepparent is
   62  currently married to the parent of the child and is not a party
   63  in a pending dissolution, separate maintenance, domestic
   64  violence, or other civil or criminal proceeding in any court of
   65  competent jurisdiction involving one or both of the child's
   66  parents as an adverse party.
   67         Section 3. Section 751.02, Florida Statutes, is amended to
   68  read:
   69         751.02 Determination of Temporary or concurrent custody
   70  proceedings; jurisdiction.—The following individuals may bring
   71  proceedings in the circuit court to determine the temporary or
   72  concurrent custody of a minor child:
   73         (1) Any extended family member who has the signed,
   74  notarized consent of the child's legal parents; or
   75         (2) Any extended family member who is caring full time for
   76  the child in the role of a substitute parent and with whom the
   77  child is presently living.
   78         Section 4. Section 751.03, Florida Statutes, is amended to
   79  read:
   80         751.03 Petition for temporary or concurrent custody;
   81  contents.—Each petition for temporary or concurrent custody of a
   82  minor child must be verified by the petitioner, who must be an
   83  extended family member, and must contain statements, to the best
   84  of petitioner's knowledge and belief, providing showing:
   85         (1) The name, date of birth, and current address of the
   86  child.;
   87         (2) The names and current addresses of the child's
   88  parents.;
   89         (3) The names and current addresses of the persons with
   90  whom the child has lived during the past 5 years.;
   91         (4) The places where the child has lived during the past 5
   92  years.;
   93         (5) Information concerning any custody proceeding in this
   94  or any other state with respect to the child.;
   95         (6) The residence and post office address of the
   96  petitioner.;
   97         (7) The petitioner's relationship to the child.;
   98         (8)If concurrent custody is being requested, the consent
   99  of the child’s parents, or a description of the efforts made by
  100  the petitioner to obtain consent and the results of those
  101  efforts.
  102         (9)(8)If temporary custody is being requested, the consent
  103  of the child's parents, or the specific acts or omissions of the
  104  parents which demonstrate that the parents have abused,
  105  abandoned, or neglected the child as defined in chapter 39.;
  106         (10)(9) Any temporary or permanent orders for child
  107  support, the court entering the order, and the case number.;
  108         (11)(10) Any temporary or permanent order for protection
  109  entered on behalf of or against either parent, the petitioner,
  110  or the child; the court entering the order; and the case
  111  number.;
  112         (12)(11) That it is in the best interest of the child for
  113  the petitioner to have custody of the child.; and
  114         (13)(12) A statement of the period of time the petitioner
  115  is requesting temporary custody, including a statement of the
  116  reasons supporting that request.
  117  Only an extended family member may file a petition under this
  118  chapter.
  119         Section 5. Section 751.05, Florida Statutes, is amended to
  120  read:
  121         751.05 Order granting temporary or concurrent custody.—
  122         (1) At the hearing on the petition for temporary or
  123  concurrent custody, the court must hear the evidence concerning
  124  a minor child's need for care by the petitioner, all other
  125  matters required to be set forth in the petition, and the
  126  objections or other testimony of the child's parents, if
  127  present.
  128         (2) Unless the minor child's parents object, the court
  129  shall award the temporary or concurrent custody of the child to
  130  the petitioner if when it is in the best interest of the child
  131  to do so.
  132         (3) If one of the minor child's parents objects to:
  133         (a)The petition for concurrent custody, the court shall
  134  give the petitioner the option of converting the petition to a
  135  petition for temporary custody. If the petitioner so elects, the
  136  court shall set the matter for further hearing and proceed
  137  pursuant to paragraph (b).
  138         (b) The petition for temporary custody granting of
  139  temporary custody to the petitioner, the court shall grant the
  140  petition only upon a finding, by clear and convincing evidence,
  141  that the child's parent or parents are unfit to provide for the
  142  care and control of the child. In determining that a parent is
  143  unfit, the court must find that the parent has abused,
  144  abandoned, or neglected the child, as defined in chapter 39.
  145         (4) The order granting:
  146         (a)Concurrent custody of the minor child to the petitioner
  147  does not affect the ability of the child’s parent or parents to
  148  obtain physical custody of the child at any time.
  149         (b) Temporary custody of the minor child to the petitioner
  150  may also grant visitation rights to the child's parent or
  151  parents, if it is in the best interest of the child to do so.
  152         (5)(a) The order granting temporary or concurrent custody
  153  of the minor child to the petitioner:
  154         (a) May not include an order for the support of the child
  155  unless the parent has received personal or substituted service
  156  of process, the petition requests an order for the support of
  157  the child, and there is evidence of the parent's ability to pay
  158  the support ordered.
  159         (b) The order granting temporary custody May redirect all
  160  or part of an existing child support obligation to be paid to
  161  the extended family member who is granted temporary or
  162  concurrent custody of the child. If the court redirects an
  163  existing child support obligation, the order granting temporary
  164  or concurrent custody must include, if possible, the
  165  determination of arrearages owed to the obligee and the person
  166  awarded temporary or concurrent custody and must order payment
  167  of the arrearages. The clerk of the circuit court in which the
  168  temporary custody order is entered shall transmit a certified
  169  copy thereof to the court originally entering the child support
  170  order. The temporary or concurrent custody order shall be
  171  recorded and filed in the original action in which child support
  172  was determined and become a part thereof. A copy of the
  173  temporary or concurrent custody order shall also be filed with
  174  the depository that serves as the official recordkeeper for
  175  support payments due under the support order. The depository
  176  must shall maintain separate accounts and separate account
  177  numbers for individual obligees.
  178         (6) At any time, either or both of the child's parents may
  179  petition the court to modify or terminate the order granting
  180  temporary or concurrent custody. The court shall terminate the
  181  order upon a finding that the parent is a fit parent, or by
  182  consent of the parties. The court may modify an order granting
  183  temporary or concurrent custody if the parties consent or if
  184  modification is in the best interest of the child.
  185         Section 6. Subsection (3) of section 39.013, Florida
  186  Statutes, is amended to read:
  187         39.013 Procedures and jurisdiction; right to counsel.—
  188         (3) If When a child is under the jurisdiction of the
  189  circuit court pursuant to this chapter, the circuit court
  190  assigned to handle dependency matters may exercise the general
  191  and equitable jurisdiction over guardianship proceedings under
  192  chapter 744 and proceedings for temporary or concurrent custody
  193  of minor children by an extended family member under chapter
  194  751.
  195         Section 7. Subsection (14) of section 49.011, Florida
  196  Statutes, is amended to read:
  197         49.011 Service of process by publication; cases in which
  198  allowed.—Service of process by publication may be made in any
  199  court on any party identified in s. 49.021 in any action or
  200  proceeding:
  201         (14) For temporary or concurrent custody of a minor child,
  202  under chapter 751 ss. 751.01-751.05.
  203         Section 8. This act shall take effect July 1, 2009.