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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. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 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 1 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. 26 27 28 29 30 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3339 107-208-98 1 ***************************************** 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. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3