CODING: Words stricken are deletions; words underlined are additions.House Bill 3339
Florida House of Representatives - 1998 HB 3339
By Representative Sindler
1 A bill to be entitled
2 An act relating to termination of parental
3 rights; amending s. 39.464, F.S.; providing
4 additional grounds for termination of parental
5 rights; creating s. 63.0615, F.S.; providing
6 for a termination of parental rights hearing
7 with respect to adoption; amending s. 39.467,
8 F.S.; providing for reference to termination of
9 parental rights hearings; providing an
10 effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Paragraphs (g) and (h) are added to
15 subsection (1) of section 39.464, Florida Statutes, to read:
16 39.464 Grounds for termination of parental rights.--
17 (1) The department, the guardian ad litem, a licensed
18 child-placing agency, or any person who has knowledge of the
19 facts alleged or who is informed of said facts and believes
20 that they are true, may petition for the termination of
21 parental rights under any of the following circumstances:
22 (g) When the parent, after having received notice of
23 the termination of parental rights hearing, fails to respond
24 in writing to the court or to appear at the hearing, this
25 shall constitute consent as provided in s. 39.462.
26 (h) When the child has been abandoned, as defined in
27 s. 39.01(1).
28 Section 2. Section 63.0615, Florida Statutes, is
29 created to read:
30 63.0615 Termination of parental rights hearing.--After
31 the birth of the child and as soon as possible after the
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3339
107-208-98
1 execution of a voluntary relinquishment for adoption by a
2 parent, the court shall conduct a hearing to determine the
3 rights and responsibilities of interested parties.
4 (1) A termination of parental rights hearing is
5 required in both agency and intermediary adoptions.
6 (2) The court shall expedite, to the fullest extent
7 possible, all hearings related to the termination of parental
8 rights.
9 (3) The agency or intermediary legally responsible for
10 the child shall reserve the right to determine whether the
11 child should be in the physical custody of the prospective
12 adoptive parents during the time in which parental rights are
13 being determined.
14 Section 3. Subsection (1) of section 39.467, Florida
15 Statutes, is amended to read:
16 39.467 Adjudicatory hearing.--
17 (1) In a hearing on a petition for termination of
18 parental rights, the court shall consider the elements
19 required for termination as set forth in s. 39.4611. Each of
20 these elements must be established by clear and convincing
21 evidence before the petition is granted. The court shall also
22 determine whether or not the provisions of s. 63.0615 have
23 been complied with.
24 Section 4. This act shall take effect upon becoming a
25 law.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3339
107-208-98
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2 HOUSE SUMMARY
3 Provides additional grounds for termination of parental
rights including failure to respond in writing to the
4 court or appear at a hearing after receiving notice of
the termination of parental rights hearing, and
5 abandonment. Provides for a termination of parental
rights hearing under chapter 63, F.S., with respect to
6 adoption. See bill for details.
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