Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 1022 Ì181004hÎ181004 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/22/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (Steube) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 61 - 322 4 and insert: 5 Section 1. Section 742.19, Florida Statutes, is created to 6 read: 7 742.19 Establishment of parentage for children born in 8 wedlock or when parentage is otherwise established by law.— 9 (1) As used in this section, the term “alleged parent” 10 means a person with a reasonable and well-founded belief that he 11 or she is a child’s biological parent. 12 (2) A person is presumed to be the legal parent of a child 13 when: 14 (a) At the time of the child’s conception or birth, the 15 person was married to the child’s mother; or 16 (b) Parentage has been established under s. 742.091, s. 17 742.10, or s. 742.105. 18 (3) The child, the child’s mother, or the child’s alleged 19 parent may seek to rebut the presumption of legal parentage in 20 subsection (2) by filing a petition in circuit court. The 21 petition must: 22 (a) Be signed by the petitioner under oath. 23 (b) Identify as parties the mother, the mother’s spouse, 24 the alleged parent, and any other person who may be the parent. 25 (c) Provide specific facts to support a claim that the 26 alleged parent is the biological parent of the child, that the 27 alleged parent has demonstrated a substantial interest in or 28 concern for the welfare of the child, and that it is in the best 29 interest of the child to establish the alleged parent as the 30 legal parent of the child. 31 (4)(a) The court must appoint a guardian ad litem for the 32 child unless good cause is shown that a guardian ad litem is not 33 necessary to protect the best interest of the child. The person 34 appointed as a guardian ad litem must meet the qualifications in 35 s. 61.402, shall have the powers and authorities described in s. 36 61.403, shall be immune from liability pursuant to s. 61.405, 37 and must maintain confidentiality in accordance with s. 61.404, 38 unless otherwise specified by a court order. 39 (b) If the court determines that the child is of sufficient 40 age and understanding to participate in the proceedings, the 41 court must appoint an attorney ad litem for the child in lieu of 42 a guardian ad litem unless good cause is shown that an attorney 43 ad litem is not necessary to protect the best interest of the 44 child. 45 (5)(a) The court shall hold an evidentiary hearing on the 46 petition and the petitioner has the burden to produce clear and 47 convincing evidence that: 48 1. The alleged parent has demonstrated a substantial 49 interest in or concern for the welfare of the child; and 50 2. The best interest of the child would be served by 51 allowing the petition to proceed. 52 (b) In making its determination, the court shall give 53 particular weight to the fact that the mother is deceased or 54 incapacitated, or that the mother seeks or obtains a dissolution 55 of her marriage to her spouse. 56 (c) If the court determines that the alleged parent has not 57 demonstrated a substantial interest in or concern for the 58 welfare of the child or that the best interest of the child 59 would not be served by allowing the petition to proceed, the 60 court must dismiss the petition and seal the court file. 61 (6)(a) If the petition is allowed to proceed under 62 subsection (5), the court must order the child and the alleged 63 parent to submit to genetic testing conducted by a qualified 64 technical laboratory, as defined in s. 409.256, to determine the 65 probability of parentage. Upon the entry of the order for 66 scientific testing, the court must inform each person to be 67 tested of the procedures and requirements for objecting to the 68 test results and of the consequences of the failure to object. 69 (b) The alleged parent shall file the test results, 70 together with the opinions and conclusions of the test 71 laboratory, with the court no later than 15 days after the test 72 results are issued. Test results are admissible in evidence and 73 should be weighed along with other evidence of the parentage of 74 the alleged parent unless the statistical probability of 75 parentage equals or exceeds 95 percent. A statistical 76 probability of parentage of 95 percent or more creates a 77 rebuttable presumption, as defined in s. 90.304, that the 78 alleged parent is a biological parent of the child. 79 (c) Any objection to the test results must be made in 80 writing and must be filed with the court no later than 30 days 81 after the test results are filed or as otherwise specified by 82 the court. 83 1. If no objection is filed, the test results shall be 84 admitted into evidence without the need for predicate to be laid 85 or third-party foundation testimony to be presented. 86 2. If an objection is filed, the court must hold an 87 evidentiary hearing. Nothing in this paragraph prohibits a party 88 from calling an outside expert witness to refute or support the 89 testing procedure or results, or the mathematical theory on 90 which they are based. If the test results or the expert analysis 91 of the inherited characteristics is disputed, the court, upon 92 reasonable request of a party, must order that an additional 93 test be made by the same laboratory or an independent laboratory 94 at the expense of the party requesting additional testing. 95 (d) If no objection is filed or if a party fails to rebut 96 the presumption of parentage which arose from the statistical 97 probability of parentage of 95 percent or more, the court may 98 enter a summary judgment of parentage and must hold a trial 99 pursuant to subsection (7). If the test results indicate that 100 the alleged parent is not a biological parent, the court must 101 dismiss the petition and seal the court file. 102 (7) If the genetic testing establishes that the alleged 103 parent is the biological parent of the child, the court must 104 hold a trial to determine whether: 105 (a) The mother’s spouse remains the legal parent of the 106 child based on the best interest of the child; 107 (b) The parentage and legal rights and obligations of the 108 mother’s spouse are terminated and granted to the biological 109 parent; or 110 (c) The mother, mother’s spouse, and biological parent must 111 share parental rights and responsibilities. 112 (8) To determine the best interest of the child, the court 113 shall evaluate all of the following: 114 (a) The established bond between the child and the mother’s 115 spouse, including love, affection, and emotional ties. 116 (b) The established bond between the child and the 117 biological parent, including love, affection, and emotional 118 ties. 119 (c) The permanence and stability of the child’s current 120 family unit or units, including the length of time the child has 121 lived in a satisfactory environment and the desirability of 122 maintaining continuity or creating stability. 123 (d) The capacity and disposition of the mother’s spouse and 124 the biological parent to provide for the child’s financial 125 needs. 126 (e) The moral fitness of the mother’s spouse and the 127 biological parent. 128 (f) The mental and physical health of the mother’s spouse 129 and the biological parent. 130 (g) The home, school, and community record of the child. 131 (h) The preference of the child, taking into consideration 132 the child’s age and understanding. 133 (i) Whether the mother’s spouse or the biological parent 134 has abandoned, abused, or neglected the child, or has otherwise 135 been remiss in his or her responsibilities toward the child. 136 (j) Whether the mother’s spouse or the biological parent 137 has ever acted contrary to the best interest of the child. 138 (k) Whether the mother’s spouse or the biological parent 139 wishes to exercise or continue to exercise parental rights. 140 (l) Whether the mother is deceased or incapacitated. 141 (m) Whether the mother seeks or obtains a dissolution of 142 her marriage to the spouse. 143 (n) Any other factor affecting the welfare and interests of 144 the child and the circumstances of that family. 145 (9)(a) If the court determines that it is in the best 146 interest of the child for the mother’s spouse to remain the 147 legal parent of the child to the exclusion of the biological 148 parent, the court must dismiss the petition and seal the court 149 file. 150 (b) If the court determines that it is in the best interest 151 of the child for the parental rights of the mother’s spouse to 152 be terminated and the biological parent to be the legal parent 153 of the child, the court must enter a final order or judgment: 154 1. Terminating the parental rights and responsibilities of 155 the mother’s spouse, declaring that the biological parent is the 156 legal parent of the child, and specifying the biological 157 parent’s parental rights and responsibilities, including, but 158 not limited to, time-sharing and child support. 159 2. Requiring that the biological parent’s name be 160 substituted on the child’s birth certificate and the mother’s 161 spouse’s name be removed. 162 (c) If the court determines that the mother’s spouse and 163 the biological parent have each established a substantial 164 relationship with the child and that it is in the best interest 165 of the child for both the mother’s spouse and the biological 166 parent to be the child’s legal parents, the court shall enter a 167 final order or judgment: 168 1. Preserving the parental rights of the mother’s spouse. 169 2. Establishing the biological parent’s parental rights and 170 responsibilities as the child’s third legal parent. 171 3. Requiring the Office of Vital Statistics of the 172 Department of Health to amend the child’s birth certificate to 173 add the third legal parent. 174 4. Declaring that each legal parent is recognized as an 175 equal parent to the child and has equal standing to secure 176 shared parenting rights to time-sharing, parental 177 responsibility, and child support. 178 (10) The court may approve, grant, or modify a parenting 179 plan, as defined in s. 61.046, in a final order or judgment 180 entered pursuant to paragraph (9)(b) or paragraph (9)(c). A 181 parenting plan may be developed and agreed to by all legal 182 parents and approved by a court or may be established by the 183 court. 184 (a) The court must consider the factors listed in s. 185 61.13(3) to determine the best interest of the child before 186 approving or establishing a parenting plan. The best interest of 187 the child should govern and be of foremost concern in the 188 court’s approval of or establishment of a parenting plan. 189 (b) The court may approve or establish a parenting plan, 190 regardless of whether the child is physically present in this 191 state, if the court finds that the child was removed from this 192 state for the primary purpose of removing the child from the 193 court’s jurisdiction in an attempt to avoid the court’s 194 approval, creation, or modification of the parenting plan. 195 (c) A parenting plan approved or established by the court 196 must describe the shared responsibilities for the daily tasks of 197 parenting; the time-sharing schedule specifying the time the 198 child will spend with each parent; a designation of which parent 199 will be responsible for health care, school-related matters, and 200 extracurricular activities; the address to be used for school 201 boundary determination and registration; and the means of 202 communication or technology which the parents will use to 203 communicate with the child. 204 (d) The court shall determine matters relating to the 205 parenting and time-sharing of each child of the parties in 206 accordance with the Uniform Child Custody Jurisdiction and 207 Enforcement Act, part II of chapter 61. 208 (11) The court may order the payment of child support by 209 any legal parent or parents owing a duty of support in a final 210 order or judgment entered pursuant to paragraph (9)(b) or 211 paragraph (9)(c). When calculating child support, the court 212 shall: 213 (a)1. For an order entered pursuant to paragraph (9)(b), 214 calculate support obligations pursuant to s. 61.30. 215 2. For an order entered pursuant to paragraph (9)(c), 216 ensure that the child receives the same full benefit of the 217 total child support as a child would receive under the 218 guidelines schedule in s. 61.30. 219 (b) Consider each deviation factor listed in s. 220 61.30(11)(a) to ensure that the distribution of the child 221 support is fair and equitable. 222 (12) The court may modify a parenting plan or child support 223 order entered pursuant to this section upon a showing by the 224 parent petitioning for modification that a substantial change in 225 circumstances has occurred. 226 (13) An order entered pursuant to this section does not 227 228 ================= T I T L E A M E N D M E N T ================ 229 And the title is amended as follows: 230 Delete lines 3 - 21 231 and insert: 232 creating s. 742.19, F.S.; defining the term “alleged 233 parent”; providing presumptions of legal parentage; 234 authorizing a child, the child’s mother, or the 235 child’s alleged parent to file a petition in circuit 236 court to rebut the presumption of legal parentage; 237 requiring such petition to include certain 238 information; requiring the court to appoint a guardian 239 ad litem or an attorney ad litem under certain 240 conditions; providing qualifications and requirements 241 for a guardian ad litem; requiring the court to hold 242 an evidentiary hearing on the petition; specifying 243 that the petitioner has the burden of producing 244 certain clear and convincing evidence; requiring the 245 court to dismiss the petition under certain 246 circumstances; requiring the court to order genetic 247 testing of the child and the alleged parent if the 248 court allows the petition to proceed; requiring 249 certain information to be included in the order; 250 requiring the alleged parent to file the test results 251 with the court by a