The Florida Senate

63.0423  Procedures with respect to abandoned newborns.--

(1)  A licensed child-placing agency that takes physical custody of a newborn infant left at a hospital, emergency medical services station, or fire station pursuant to s. 383.50, shall assume responsibility for all medical costs and all other costs associated with the emergency services and care of the newborn infant from the time the licensed child-placing agency takes physical custody of the newborn infant.

(2)  The licensed child-placing agency shall immediately seek an order from the circuit court for emergency custody of the newborn infant. The emergency custody order shall remain in effect until the court orders preliminary approval of placement of the newborn infant in the prospective home, at which time the prospective adoptive parents become guardians pending termination of parental rights and finalization of adoption or until the court orders otherwise. The licensed child-placing agency may seek to temporarily place the newborn infant in a prospective adoptive home as soon as possible.

(3)  The licensed child-placing agency that takes physical custody of the newborn infant shall immediately request assistance from law enforcement officials to investigate and determine, through the Missing Children Information Clearinghouse, the National Center for Missing and Exploited Children, and any other national and state resources, whether or not the newborn infant is a missing child.

(4)  Within 7 days after accepting physical custody of the newborn infant, the licensed child-placing agency shall initiate a diligent search to notify and to obtain consent from a parent whose identity or location is unknown, other than the parent who has left a newborn infant at a hospital, emergency medical services station, or fire station in accordance with s. 383.50. The diligent search must include, at a minimum, inquiries of all known relatives of the parent, inquiries of all offices or program areas of the department likely to have information about the parent, inquiries of other state and federal agencies likely to have information about the parent, inquiries of appropriate utility and postal providers, and inquiries of appropriate law enforcement agencies. Constructive notice must also be provided pursuant to chapter 49 in the county where the newborn infant was left and in the county where the petition to terminate parental rights will be filed. The constructive notice must include at a minimum, available identifying information, and information on whom a parent must contact in order to assert a claim of parental rights of the newborn infant and how to assert that claim. If a parent is identified and located, notice of the adjudicatory hearing shall be provided. If a parent cannot be identified or located subsequent to the diligent search and constructive notice, the licensed child-placing agency shall file an affidavit of diligent search at the same time that the petition to terminate parental rights is filed.

(5)  A petition for termination of parental rights under this section may not be filed until 30 days after the date the newborn infant was left in accordance with s. 383.50. A petition for termination of parental rights may not be granted until consent to adoption or an affidavit of nonpaternity has been executed by a parent of the newborn infant as set forth in s. 63.062, a parent has failed to reclaim or claim the newborn infant within the specified time period, or the consent of a parent is otherwise waived by the court.

(6)  A claim of parental rights of the newborn infant must be made to the entity having physical or legal custody of the newborn infant or to the circuit court before whom proceedings involving the newborn infant are pending. A claim of parental rights of the newborn infant may not be made after the judgment to terminate parental rights is entered, except as otherwise provided by subsection (10).

(7)  If a claim of parental rights of a newborn infant is made before the judgment to terminate parental rights is entered, the circuit court shall hold the action for termination of parental rights pending subsequent adoption in abeyance for a period of time not to exceed 60 days.

(a)  The court shall order scientific testing to determine maternity or paternity at the expense of the parent claiming parental rights unless maternity or paternity has been previously established legally or by scientific testing.

(b)  The court may appoint a guardian ad litem for the newborn infant and order whatever investigation, home evaluation, and psychological evaluation are necessary to determine what is in the best interest of the newborn infant.

(c)  The court may not terminate parental rights solely on the basis that the parent left a newborn infant at a hospital, emergency medical services station, or fire station in accordance with s. 383.50.

(d)  The court shall enter a judgment with written findings of fact and conclusions of law.

(8)  Within 24 hours after filing the judgment, the clerk of the court shall mail a copy of the judgment to the department, the petitioner, and the persons whose consent were required, if known. The clerk shall execute a certificate of each mailing.

(9)(a)  A judgment terminating parental rights pending adoption is voidable, and any later judgment of adoption of that minor is voidable, if, upon the motion of a parent, the court finds that a person knowingly gave false information that prevented the parent from timely making known his or her desire to assume parental responsibilities toward the minor or from exercising his or her parental rights. A motion under this subsection must be filed with the court originally entering the judgment. The motion must be filed within a reasonable time, but not later than 2 years after the entry of the judgment terminating parental rights.

(b)  No later than 30 days after the filing of a motion under this subsection, the court must conduct a preliminary hearing to determine what contact, if any, will be permitted between a parent and the child pending resolution of the motion. Such contact may be allowed only if it is requested by a parent who has appeared at the hearing. If the court orders contact between a parent and child, the order must be issued in writing as expeditiously as possible and must state with specificity any provisions regarding contact with persons other than those with whom the child resides.

(c)  At the preliminary hearing the court, upon the motion of any party or upon its own motion, may order scientific testing to determine the paternity or maternity of the minor if the person seeking to set aside the judgment is alleging to be the child's parent and that fact has not previously been determined by legal proceedings or scientific testing. The court may order supervised visitation with a person for whom scientific testing for paternity or maternity has been ordered. Such visitation shall be conditioned upon the filing of test results with the court and those results establishing that person's paternity or maternity of the minor.

(d)  No later than 45 days after the preliminary hearing, the court must conduct a final hearing on the motion to set aside the judgment and enter its written order as expeditiously as possible thereafter.

(10)  Except to the extent expressly provided in this section, proceedings initiated by a licensed child-placing agency for the termination of parental rights and subsequent adoption of a newborn left at a hospital, emergency medical services station, or fire station in accordance with s. 383.50 shall be conducted pursuant to this chapter.

History.--s. 5, ch. 2000-188; s. 2, ch. 2001-53.