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2 An act relating to termination of parental
3 rights; amending s. 39.464, F.S.; providing
4 additional grounds for the termination of
5 parental rights; amending s. 39.469, F.S.;
6 revising language with respect to the powers of
7 disposition of the court concerning termination
8 of parental rights; amending s. 39.471, F.S.;
9 providing that certain orders are admissible in
10 evidence in subsequent adoption proceedings
11 relating to the child; amending s. 61.13, F.S.;
12 including reference to one of the grounds for
13 termination of parental rights as a rebuttable
14 presumption of detriment to the child when the
15 court is determining matters relating to the
16 custody of a minor child; providing that
17 termination of parental rights does not affect
18 grandparents' rights; providing an effective
19 date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Subsection (1) of section 39.464, Florida
24 Statutes, is amended to read:
25 39.464 Grounds for termination of parental rights.--
26 (1) The department, the guardian ad litem, a licensed
27 child-placing agency, or any person who has knowledge of the
28 facts alleged or who is informed of said facts and believes
29 that they are true, may petition for the termination of
30 parental rights under any of the following circumstances:
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1 (a) When the parent or parents voluntarily executed a
2 written surrender of the child and consented to the entry of
3 an order giving custody of the child to the department or to a
4 licensed child-placing agency for subsequent adoption and the
5 department or licensed child-placing agency is willing to
6 accept custody of the child.
7 1. The surrender document must be executed before two
8 witnesses and a notary public or other person authorized to
9 take acknowledgments.
10 2. The surrender and consent may be withdrawn after
11 acceptance by the department or licensed child-placing agency
12 only after a finding by the court that the surrender and
13 consent were obtained by fraud or duress.
14 (b) When the identity or location of the parent or
15 parents is unknown and cannot be ascertained by diligent
16 search as provided in s. 39.4625 within 60 days.
17 (c) When the parent or parents engaged in conduct
18 toward the child or toward other children that demonstrates
19 that the continuing involvement of the parent or parents in
20 the parent-child relationship threatens the life or well-being
21 of the child irrespective of the provision of services.
22 Provision of services is evidenced by proof that services were
23 provided through a previous plan or offered as a case plan
24 from a child welfare agency.
25 (d) When the parent of a child is incarcerated in a
26 state or federal correctional institution and:
27 1. The period of time for which the parent is expected
28 to be incarcerated will constitute a substantial portion of
29 the period of time before the child will attain the age of 18
30 years;
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1 2. The incarcerated parent has been determined by the
2 court to be a violent career criminal as defined in s.
3 775.084, a habitual violent felony offender as defined in s.
4 775.084, or a sexual predator as defined in s. 775.21; has
5 been convicted of first degree or second degree murder in
6 violation of s. 782.04 or a sexual battery that constitutes a
7 capital, life, or first degree felony violation of s. 794.011;
8 or has been convicted of an offense in another jurisdiction
9 which is substantially similar to one of the offenses listed
10 in this paragraph. As used in this section, the term
11 "substantially similar offense" means any offense that is
12 substantially similar in elements and penalties to one of
13 those listed in this paragraph, and that is in violation of a
14 law of any other jurisdiction, whether that of another state,
15 the District of Columbia, the United States or any possession
16 or territory thereof, or any foreign jurisdiction; and
17 3. The court determines by clear and convincing
18 evidence that continuing the parental relationship with the
19 incarcerated parent would be harmful to the child and, for
20 this reason, that termination of the parental rights of the
21 incarcerated parent is in the best interest of the child.
22 (e)(d) When the parent or parents engaged in egregious
23 conduct that endangers the life, health, or safety of the
24 child or the child's sibling or had the opportunity and
25 capability to prevent egregious conduct that threatened the
26 life, health, or safety of the child or the child's sibling
27 and knowingly failed to do so.
28 1. As used in this subsection, the term "sibling"
29 means another child who resides with or is cared for by the
30 parent or parents regardless of whether the child is related
31 legally or by consanguinity.
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1 2. As used in this subsection, the term "egregious
2 abuse" means conduct of the parent or parents that is
3 deplorable, flagrant, or outrageous by a normal standard of
4 conduct. Egregious abuse may include an act or omission that
5 occurred only once but was of such intensity, magnitude, or
6 severity as to endanger the life of the child.
7 (f)(e) A petition for termination of parental rights
8 may also be filed when a child has been adjudicated dependent,
9 a case plan has been filed with the court, and the child
10 continues to be abused, neglected, or abandoned by the
11 parents. In this case, the failure of the parents to
12 substantially comply for a period of 12 months after an
13 adjudication of the child as a dependent child constitutes
14 evidence of continuing abuse, neglect, or abandonment unless
15 the failure to substantially comply with the case plan was due
16 either to the lack of financial resources of the parents or to
17 the failure of the department to make reasonable efforts to
18 reunify the family. Such 12-month period may begin to run only
19 after the entry of a disposition order placing the custody of
20 the child with the department or a person other than the
21 parent and the subsequent filing with the court of a case plan
22 with a goal of reunification with the parent.
23 Section 2. Section 39.469, Florida Statutes, is
24 amended to read:
25 39.469 Powers of disposition; order of disposition.--
26 (1) If the court finds that the grounds for
27 termination of parental rights have not been established by
28 clear and convincing evidence, the court shall:
29 (a) If grounds for dependency have been established,
30 adjudicate or readjudicate the child dependent and:
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1 1. Enter an order placing or continuing the child in
2 foster care under a case plan; or
3 2. Enter an order returning the child to the parent or
4 parents. The court shall retain jurisdiction over a child
5 returned to the parents or legal guardians for a period of 6
6 months, but, at that time, based on a report of the social
7 service agency and any other relevant factors, the court shall
8 make a determination as to whether its jurisdiction shall
9 continue or be terminated.
10 (b) If grounds for dependency have not been
11 established, dismiss the petition.
12 (2) If the child is in foster-care custody of the
13 department and the court finds that the grounds for
14 termination of parental rights have been established by clear
15 and convincing evidence, the court shall, by order, place the
16 child in the custody of the department for the purpose of
17 adoption or place the child in the custody of a licensed
18 child-placing agency for the purpose of adoption.
19 (3) If the child is in the custody of one parent and
20 the court finds that the grounds for termination of parental
21 rights have been established for the remaining parent by clear
22 and convincing evidence, the court shall enter an order
23 terminating the rights of the parent for whom the grounds have
24 been established and placing the child in the custody of the
25 remaining parent, granting that parent sole parental
26 responsibility for the child.
27 (4) If the child is neither in the custody of the
28 Department of Children and Family Services nor in the custody
29 of a parent and the court finds that the grounds for
30 termination of parental rights have been established for
31 either or both parents, the court shall enter an order
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1 terminating parental rights for the parent or parents for whom
2 the grounds for termination have been established and placing
3 the child with an appropriate custodian. If the parental
4 rights of both parents have been terminated, or if the
5 parental rights of only one parent have been terminated and
6 the court makes specific findings based on evidence presented
7 that placement with the remaining parent is likely to be
8 harmful to the child, the court may order that the child be
9 placed with a custodian other than the department after
10 hearing evidence of the suitability of such intended
11 placement. Suitability of the intended placement includes the
12 fitness of the intended placement, with primary consideration
13 being given to the welfare of the child; the fitness and
14 capabilities of the proposed custodian to function as the
15 primary caretaker for a particular child; and the
16 compatibility of the child with the home in which the child is
17 intended to be placed. If the court orders that a child be
18 placed with a custodian under this subsection, the court shall
19 appoint such custodian as the guardian for the child as
20 provided in s. 744.3021. The court may modify the order
21 placing the child in the custody of the custodian and revoke
22 the guardianship established under s. 744.3021 if the court
23 subsequently finds that a party to the proceeding other than a
24 parent whose rights have been terminated has shown a material
25 change in circumstances which causes the placement to be no
26 longer in the best interest of the child.
27 (5)(3) If the court terminates parental rights, the
28 court shall enter a written order of disposition briefly
29 stating the facts upon which its decision to terminate the
30 parental rights is made. An order of termination of parental
31 rights, whether based on parental consent or after notice
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1 served as prescribed in this part, permanently deprives the
2 parents or legal guardian of any right to the child.
3 (6)(4) The parental rights of one parent may be
4 severed without severing the parental rights of the other
5 parent only under the following circumstances:
6 (a) If Where the child has only one surviving parent;
7 (b) If Where the identity of a prospective parent has
8 been established as unknown after sworn testimony;
9 (c) If Where the parent whose rights are being
10 terminated became a parent through a single-parent adoption;
11 or
12 (d) If Where the protection of the child demands
13 termination of the rights of a single parent; or.
14 (e) If the parent whose rights are being terminated
15 meets the criteria specified in s. 39.464(1)(d).
16 (7)(5) If the court terminates parental rights, it may
17 order that the parents or relatives of the parent whose rights
18 are terminated be allowed to maintain some contact with the
19 child pending adoption if the best interests of the child
20 support this continued contact. If the court orders such
21 continued contact, the nature and frequency of the contact
22 must be set forth in written order and may be reviewed upon
23 motion of any party, including a prospective adoptive parent
24 if a child has been placed for adoption. If a child is placed
25 for adoption, the nature and frequency of the contact must be
26 reviewed by the court at the time the child is adopted.
27 (8)(6) If the court terminates parental rights, it
28 shall, in its order of disposition, provide for a hearing, to
29 be scheduled no later than 30 days after the date of
30 disposition, in which the department or the licensed
31 child-placing agency shall provide to the court a plan for
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1 permanency for the child. Thereafter, until the adoption of
2 the child is finalized or the child reaches the age of 18
3 years, whichever occurs first, the court shall hold hearings
4 at 6-month intervals to review the progress being made toward
5 permanency for the child.
6 Section 3. Subsection (6) of section 39.471, Florida
7 Statutes, 1996 Supplement, is amended to read:
8 39.471 Oaths, records, and confidential information.--
9 (6) No court record of proceedings under this part
10 shall be admissible in evidence in any other civil or criminal
11 proceeding, except that:
12 (a) Orders terminating the rights of a parent are and
13 committing the child to a licensed child-placing agency or the
14 department for adoption shall be admissible in evidence in
15 subsequent adoption proceedings relating to the child.
16 (b) Records of proceedings under this part forming a
17 part of the record on appeal shall be used in the appellate
18 court in the manner hereinafter provided.
19 (c) Records necessary therefor shall be admissible in
20 evidence in any case in which a person is being tried upon a
21 charge of having committed perjury.
22 Section 4. Subsection (2) of section 61.13, Florida
23 Statutes, 1996 Supplement, is amended to read:
24 61.13 Custody and support of children; visitation
25 rights; power of court in making orders.--
26 (2)(a) The court shall have jurisdiction to determine
27 custody, notwithstanding that the child is not physically
28 present in this state at the time of filing any proceeding
29 under this chapter, if it appears to the court that the child
30 was removed from this state for the primary purpose of
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1 removing the child from the jurisdiction of the court in an
2 attempt to avoid a determination or modification of custody.
3 (b)1. The court shall determine all matters relating
4 to custody of each minor child of the parties in accordance
5 with the best interests of the child and in accordance with
6 the Uniform Child Custody Jurisdiction Act. It is the public
7 policy of this state to assure that each minor child has
8 frequent and continuing contact with both parents after the
9 parents separate or the marriage of the parties is dissolved
10 and to encourage parents to share the rights and
11 responsibilities, and joys, of childrearing. After considering
12 all relevant facts, the father of the child shall be given the
13 same consideration as the mother in determining the primary
14 residence of a child irrespective of the age or sex of the
15 child.
16 2. The court shall order that the parental
17 responsibility for a minor child be shared by both parents
18 unless the court finds that shared parental responsibility
19 would be detrimental to the child. The court shall consider
20 evidence of spousal or child abuse as evidence of detriment to
21 the child. The court shall consider evidence that a parent has
22 been convicted of a felony of the second degree or higher
23 involving domestic violence as defined in s. 741.28 and
24 chapter 775, or meets the criteria of s. 39.464(1)(d), as a
25 rebuttable presumption of detriment to the child. If the
26 presumption is not rebutted, shared parental responsibility,
27 including visitation, residence of the child, and decisions
28 made regarding the child, may shall not be granted to the
29 convicted parent. However, the convicted parent is shall not
30 be relieved of any obligation to provide financial support. If
31 the court determines that shared parental responsibility would
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1 be detrimental to the child, it may order sole parental
2 responsibility and make such arrangements for visitation as
3 will best protect the child or abused spouse from further
4 harm.
5 a. In ordering shared parental responsibility, the
6 court may consider the expressed desires of the parents and
7 may grant to one party the ultimate responsibility over
8 specific aspects of the child's welfare or may divide those
9 responsibilities between the parties based on the best
10 interests of the child. Areas of responsibility may include
11 primary residence, education, medical and dental care, and any
12 other responsibilities that which the court finds unique to a
13 particular family.
14 b. The court shall order "sole parental
15 responsibility, with or without visitation rights, to the
16 other parent when it is in the best interests of" the minor
17 child.
18 c. The court may award the grandparents visitation
19 rights with of a minor child if it is in the child's best
20 interest. Grandparents shall have legal standing to seek
21 judicial enforcement of such an award. Nothing in This section
22 does not shall require that grandparents be made parties or
23 given notice of dissolution pleadings or proceedings, nor do
24 shall grandparents have legal standing as "contestants" as
25 defined in s. 61.1306. A No court may not shall order that a
26 child be kept within the state or jurisdiction of the court
27 solely for the purpose of permitting visitation by the
28 grandparents.
29 3. Access to records and information pertaining to a
30 minor child, including, but not limited to, medical, dental,
31 and school records, may shall not be denied to a parent
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1 because the such parent is not the child's primary residential
2 parent.
3 (c) The circuit court in the county in which either
4 parent and the child reside or the circuit court in which the
5 original award of custody was entered have jurisdiction to
6 modify an award of child custody. The court may change the
7 venue in accordance with s. 47.122.
8 Section 5. The termination of parental rights does not
9 affect the rights of grandparents.
10 Section 6. This act shall effect October 1, 1997, and
11 applies to any person incarcerated after October 1, 1997, who
12 is sentenced to a term of incarceration which would qualify
13 under the provisions of this act, as well as to any persons
14 who are sentenced after that date.
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