CODING: Words stricken are deletions; words underlined are additions.

House Bill 0357c1

Florida House of Representatives - 1997 CS/HB 357 By the Committee on Family Law & Children and Representatives Heyman, Sanderson, Wise, Frankel, Casey, Brennan, Dennis, Boyd, Turnbull, Bloom, Murman, Jacobs, Brown, Mackenzie, Wasserman Schultz, D. Prewitt, Lynn, Meek, Warner, Fischer, Silver, Dawson-White and Chestnut 1 A bill to be entitled 2 An act relating to child welfare; amending s. 3 39.01, F.S., relating to definitions with 4 respect to specified provisions relating to 5 juvenile proceedings; redefining the term 6 "diligent search"; defining the term "next of 7 kin"; amending s. 39.401, F.S., relating to 8 taking a child alleged to be dependent into 9 custody; requiring the Department of Children 10 and Family Services to request child's parent 11 or custodian to disclose certain information 12 regarding parents, prospective parents, and 13 next of kin; amending s. 39.402, F.S., relating 14 to placement in a shelter; providing for the 15 court to require parent or custodian present at 16 emergency shelter hearing to provide certain 17 information on the record regarding parents, 18 prospective parents, or next of kin; amending 19 s. 39.405, F.S.; revising certain guidelines 20 relating to filing of affidavit of diligent 21 search in dependency cases; removing 22 requirement for appointment of guardian ad 23 litem, under specified circumstances; amending 24 s. 39.4051, F.S., relating to special 25 procedures in dependency cases when identity or 26 location of parent is unknown; revising duties 27 of the Department of Children and Family 28 Services with respect to diligent searches; 29 reenacting s. 39.462(1)(a), F.S., relating to 30 process and service in proceedings to terminate 31 parental rights, to incorporate said amendment 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 357 606-105-97 1 in references thereto; creating s. 39.4052, 2 F.S.; requiring written notice to identified 3 adult relatives of a child taken into care; 4 creating s. 39.4053, F.S.; prescribing duties 5 of the department and guidelines relating to 6 due diligence in the identification and 7 notification of parents, relatives, and 8 custodians of a child in departmental custody; 9 amending s. 39.41, F.S., relating to powers of 10 disposition; providing for diligent search; 11 conforming terminology; amending s. 39.4625, 12 F.S., relating to special procedures in 13 termination of parental rights cases when 14 identity or location of parent is unknown; 15 revising guidelines relating to court inquiry 16 and diligent search; reenacting s. 17 39.462(1)(a), F.S., relating to elements of 18 petition for termination of parental rights, to 19 incorporate said amendment in references 20 thereto; amending s. 39.464, F.S., relating to 21 grounds for termination of parental rights; 22 conforming provisions relating to diligent 23 search; reenacting s. 39.4611(1)(a) and (b) and 24 (2), to incorporate said amendment in 25 references thereto; amending s. 415.505, F.S., 26 relating to child protective investigations and 27 institutional child abuse or neglect 28 investigations; requiring the agent of the 29 department to request the parent or custodian 30 to disclose certain information regarding 31 parents, prospective parents, or next of kin 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 357 606-105-97 1 when child is taken into custody; providing an 2 effective date. 3 4 Be It Enacted by the Legislature of the State of Florida: 5 6 Section 1. Subsection (27) of section 39.01, Florida 7 Statutes, 1996 Supplement, is amended, present subsections 8 (48) through (76) are renumbered as subsections (49) through 9 (77), respectively, and a new subsection (48) is added to said 10 section, to read: 11 39.01 Definitions.--When used in this chapter: 12 (27) "Diligent search" means the efforts of a social 13 service agency in accordance with the requirements of s. 14 39.4051(6) to locate a parent or prospective parent whose 15 identity or location is unknown, or a relative made known to 16 the social services agency by the parent or custodian of a 17 child. When the search is for a parent, prospective parent, or 18 relative of a child in the custody of the department, this 19 search must be initiated as soon as the agency is made aware 20 of the existence of such parent, prospective parent, or 21 relative. A diligent search shall include interviews with 22 persons who are likely to have information about the identity 23 or location of the person being sought, comprehensive database 24 searches, and records searches, including searches of 25 employment, residence, utilities, Armed Forces, vehicle 26 registration, child support enforcement, law enforcement, and 27 corrections records, and any other records likely to result in 28 identifying and locating the person being sought. The initial 29 diligent search must be completed within 90 days after a child 30 is taken into custody. After the completion of the initial 31 diligent search, the department, unless excused by the court, 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 357 606-105-97 1 shall have a continuing duty to search for relatives who may 2 be appropriate for placement of the child until such relatives 3 are found or until the child is placed for adoption initiated 4 as soon as the agency is made aware of the existence of such a 5 parent, with the search progress reported at each court 6 hearing until the parent is either identified and located or 7 the court excuses further search. 8 (48) "Next of kin" means an adult relative of a child 9 who is the child's brother, sister, grandparent, aunt, uncle, 10 or first cousin. 11 Section 2. Subsection (4) is added to section 39.401, 12 Florida Statutes, to read: 13 39.401 Taking a child alleged to be dependent into 14 custody.-- 15 (4) When a child is taken into custody pursuant to 16 this section, the Department of Children and Family Services 17 shall request that the child's parent or custodian disclose 18 the names, relationships, and addresses of all parents and 19 prospective parents and all next of kin of the child, as 20 defined in s. 39.01(48), so far as are known. 21 Section 3. Paragraph (a) of subsection (7) of section 22 39.402, Florida Statutes, is amended to read: 23 39.402 Placement in a shelter.-- 24 (7)(a) A child may not be held in a shelter longer 25 than 24 hours unless an order so directing is entered by the 26 court after an emergency shelter hearing. At the emergency 27 shelter hearing, the court shall appoint a guardian ad litem 28 to represent the child unless the court finds that such 29 representation is unnecessary. The parents or legal custodians 30 of the child shall be given such notice as best ensures their 31 actual knowledge of the time and place of the hearing and 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 357 606-105-97 1 shall be given an opportunity to be heard and to present 2 evidence at the emergency shelter hearing. The court shall 3 require the parents or custodians present at the hearing to 4 provide to the court on the record the names, addresses, and 5 relationships of all parents, prospective parents, and next of 6 kin of the child, so far as are known. 7 Section 4. Subsection (9) of section 39.405, Florida 8 Statutes, is hereby repealed, subsections (10) through (17) of 9 said section are renumbered as subsections (9) through (16), 10 respectively, and subsection (8) of said section is amended to 11 read: 12 39.405 Notice, process, and service.-- 13 (8) It is not necessary to the validity of a 14 proceeding covered by this part that the parents or legal 15 custodians be present if their identity or residence is 16 unknown after a diligent search as defined in s. 39.01(27) has 17 been made, but in this event the petitioner shall file an 18 affidavit of diligent search prepared by the person who made 19 the search and inquiry, and the court may appoint a guardian 20 ad litem for the child. 21 (9) When an affidavit of diligent search has been 22 filed under subsection (8), the petitioner shall continue to 23 search for and attempt to serve the person sought until 24 excused from further search by the court. The petitioner shall 25 report on the results of the search at each court hearing 26 until the person is identified or located or further search is 27 excused by the court. 28 Section 5. Subsection (5) of section 39.4051, Florida 29 Statutes, is amended to read: 30 39.4051 Identity or location of parent unknown; 31 special procedures.-- 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 357 606-105-97 1 (5) If the inquiry under subsection (1) identifies a 2 parent or prospective parent, and that person's location is 3 unknown, the court shall direct the department shall to 4 conduct a diligent search for that person before the 5 scheduling of a disposition hearing regarding the dependency 6 of the child unless the court finds that the best interest of 7 the child requires proceeding without notice to the person 8 whose location is unknown. 9 Section 6. For the purpose of incorporating the 10 amendment to section 39.4051, Florida Statutes, in references 11 thereto, subsection (1) of section 39.462, Florida Statutes, 12 is reenacted to read: 13 39.462 Process and services.-- 14 (1) Before the court may terminate parental rights, in 15 addition to the other requirements set forth in this part, the 16 following requirements must be met: 17 (a) Notice of the date, time, and place of the 18 advisory hearing for the petition to terminate parental rights 19 and copy of the petition must be personally served upon the 20 following persons, specifically notifying them that a petition 21 has been filed: 22 1. The parents of the child. 23 2. The legal custodians or guardian of the child. 24 3. If the parents who would be entitled to notice are 25 dead or unknown, a living relative of the child, unless upon 26 diligent search and inquiry no such relative can be found. 27 4. Any person who has physical custody of the child. 28 5. Any grandparent entitled to priority for adoption 29 under s. 63.0425. 30 6. Any prospective parent who has been identified 31 under s. 39.4051 or s. 39.4625. 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 357 606-105-97 1 7. The guardian ad litem for the child, if one has 2 been appointed. 3 4 The document containing the notice to respond or appear must 5 contain, in type at least as large as the balance of the 6 document, the following or substantially similar language: 7 "FAILURE TO RESPOND TO THIS NOTICE OR TO APPEAR AT THIS 8 HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL 9 RIGHTS OF THIS CHILD (OR THESE CHILDREN)." 10 Section 7. Section 39.4052, Florida Statutes, is 11 created to read: 12 39.4052 Affirmative duty of written notice to adult 13 relatives.-- 14 (1) When a child is taken into care pursuant to this 15 part, adult relatives made known to the department by a parent 16 or custodian of a child shall be provided with written notice 17 from the department which includes the following information: 18 (a) The nature, time, and place of the pending 19 proceeding. 20 (b) The various possible outcomes both of the pending 21 proceeding and of future proceedings including termination of 22 parental rights, reunification, foster care placement, 23 long-term foster care placement, and shelter care. 24 (c) That the adult relatives may be evaluated for 25 temporary custody of the child. 26 (d) That the adult relatives may maintain or establish 27 a relationship with a child in care through visitation or 28 other contacts. 29 (e) That the adult relatives may choose not to receive 30 further notice regarding future proceedings. 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 357 606-105-97 1 (2) Notice of future proceedings shall be provided to 2 the adult relative, unless he or she requests in writing that 3 such notice be discontinued or the court excuses such notice 4 for good cause shown. 5 (3) The department shall make a good faith attempt to 6 provide the written notice required by this section as soon as 7 possible after the identity and location of the adult relative 8 is made known to the department. 9 Section 8. Section 39.4053, Florida Statutes, is 10 created to read: 11 39.4053 Diligent search; child in custody of 12 department.-- 13 (1) Within 90 days after taking a child into custody, 14 the department shall either identify and locate, or shall 15 complete a diligent search for, the parents, prospective 16 parents and legal custodians of the child, and the next of kin 17 of the child. The purpose of identifying and locating these 18 persons, or of conducting a diligent search for them, is to 19 ensure the proper placement of the child, either with parents, 20 with relatives, or in the custody of the department. Any 21 relatives who are located pursuant to this section shall be 22 assessed as to their willingness to provide emotional support 23 to the parents during reunification, including assisting the 24 parents to achieve a safe, stable home, and as to their own 25 custodial intentions toward the child who is in the custody of 26 the department. In any search for parents or prospective 27 parents under this section, the department shall consider the 28 results of the inquiry conducted by the court pursuant to s. 29 39.4051(1). For the purposes of this section, "diligent 30 search" is as defined in s. 39.01(27), and "next of kin" is as 31 defined in s. 39.01(48). 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 357 606-105-97 1 (2) If the department fails to place the child for 2 adoption within 12 months of finalization of the termination 3 of parental rights, the department shall notify the persons 4 specified in subsection (1) of the child's status unless said 5 notice is excused by the court for good cause shown. 6 Section 9. Paragraph (b) of subsection (4) of section 7 39.41, Florida Statutes, is amended to read: 8 39.41 Powers of disposition.-- 9 (4)(a) If the court does not commit the child to the 10 temporary legal custody of an adult relative or adult 11 nonrelative approved by the court, the disposition order shall 12 include the reasons for such a decision and shall include a 13 determination as to whether diligent efforts were made by the 14 department to locate an adult relative willing to care for the 15 child in order to present that placement option to the court 16 instead of placement with the department. 17 (b) If a diligent search is efforts are made to locate 18 an adult relative willing and able to care for the child but, 19 because no suitable relative is found, the child is placed 20 with the department or a nonrelative custodian, both the 21 department and the court shall consider transferring temporary 22 legal custody to a willing adult relative or adult nonrelative 23 approved by the court at a later date, but neither the 24 department nor the court is obligated to so place the child if 25 it is in the child's best interest to remain in the current 26 placement. For the purposes of this paragraph, "diligent 27 efforts to locate an adult relative" means a search similar to 28 the diligent search for a parent, but without the continuing 29 obligation to search after an initial adequate search is 30 completed. 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 357 606-105-97 1 Section 10. Section 39.4625, Florida Statutes, is 2 amended to read: 3 39.4625 Identity or location of parent unknown after 4 filing of termination of parental rights petition; special 5 procedures.-- 6 (1) If the identity or location of a parent is unknown 7 and a petition for termination of parental rights is filed, 8 the court shall conduct an the following inquiry of the parent 9 who is available, or, if no parent is available, of any 10 relative or custodian of the child who is present at the 11 hearing and likely to have relevant the information.: 12 (a) Whether the mother of the child was married at the 13 probable time of conception of the child or at the time of 14 birth of the child. 15 (b) Whether the mother was cohabiting with a male at 16 the probable time of conception of the child. 17 (c) Whether the mother has received payments or 18 promises of support with respect to the child or because of 19 her pregnancy from a man who claims to be the father. 20 (d) Whether the mother has named any man as the father 21 on the birth certificate of the child or in connection with 22 applying for or receiving public assistance. 23 (e) Whether any man has acknowledged or claimed 24 paternity of the child in a jurisdiction in which the mother 25 resided at the time of or since conception of the child, or in 26 which the child has resided or resides. 27 (2) The information required in subsection (1) may be 28 supplied to the court or the department in the form of a sworn 29 affidavit by a person having personal knowledge of the facts. 30 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 357 606-105-97 1 (3) If the inquiry under subsection (1) identifies any 2 person as a parent or prospective parent, the court shall 3 require notice of the hearing to be provided to that person. 4 (4) If the inquiry under subsection (1) fails to 5 identify any person as a parent or prospective parent, the 6 court shall so find and may proceed without further notice. 7 (2)(5) If the inquiry under subsection (1) identifies 8 a parent or prospective parent whose, and that person's 9 location is unknown, and the court determines that an adequate 10 diligent search as defined in s. 39.01(27) has been conducted, 11 no further diligent search shall be required by the court 12 shall direct the department to conduct a diligent search for 13 that person before scheduling an adjudicatory hearing 14 regarding the dependency of the child unless it is determined 15 by the court to be in finds that the best interest of the 16 child requires proceeding without actual notice to the person 17 whose location is unknown. 18 (6) The diligent search required by subsection (5) 19 must include, at a minimum, inquiries of all known relatives 20 of the parent or prospective parent, inquiries of all offices 21 of program areas of the department likely to have information 22 about the parent or prospective parent, inquiries of other 23 state and federal agencies likely to have information about 24 the parent or prospective parent, inquiries of appropriate 25 utility and postal providers, and inquiries of appropriate law 26 enforcement agencies. 27 (3)(7) If a diligent search is required by the court 28 pursuant to this section, any agency contacted by petitioner 29 with a request for information pursuant to subsection (6) 30 shall release the requested information to the petitioner 31 without the necessity of a subpoena or court order. 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 357 606-105-97 1 (8) If the inquiry and diligent search identifies a 2 prospective parent, that person must be given the opportunity 3 to become a party to the proceedings by completing a sworn 4 affidavit of parenthood and filing it with the court or the 5 department. A prospective parent who files a sworn affidavit 6 of parenthood while the child is a dependent child but no 7 later than at the time of or prior to the adjudicatory hearing 8 in the termination of parental rights proceeding for the child 9 shall be considered a parent for all purposes under this 10 section. 11 Section 11. For the purpose of incorporating the 12 amendment to section 39.4625, Florida Statutes, in references 13 thereto, paragraph (a) of subsection (1) of section 39.462, 14 Florida Statutes, is reenacted to read: 15 39.462 Process and services.-- 16 (1) Before the court may terminate parental rights, in 17 addition to the other requirements set forth in this part, the 18 following requirements must be met: 19 (a) Notice of the date, time, and place of the 20 advisory hearing for the petition to terminate parental rights 21 and copy of the petition must be personally served upon the 22 following persons, specifically notifying them that a petition 23 has been filed: 24 1. The parents of the child. 25 2. The legal custodians or guardian of the child. 26 3. If the parents who would be entitled to notice are 27 dead or unknown, a living relative of the child, unless upon 28 diligent search and inquiry no such relative can be found. 29 4. Any person who has physical custody of the child. 30 5. Any grandparent entitled to priority for adoption 31 under s. 63.0425. 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 357 606-105-97 1 6. Any prospective parent who has been identified 2 under s. 39.4051 or s. 39.4625. 3 7. The guardian ad litem for the child, if one has 4 been appointed. 5 6 The document containing the notice to respond or appear must 7 contain, in type at least as large as the balance of the 8 document, the following or substantially similar language: 9 "FAILURE TO RESPOND TO THIS NOTICE OR TO APPEAR AT THIS 10 HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL 11 RIGHTS OF THIS CHILD (OR THESE CHILDREN)." 12 Section 12. Paragraph (b) of subsection (1) of section 13 39.464, Florida Statutes, is amended to read: 14 39.464 Grounds for termination of parental rights.-- 15 (1) The department, the guardian ad litem, a licensed 16 child-placing agency, or any person who has knowledge of the 17 facts alleged or who is informed of said facts and believes 18 that they are true, may petition for the termination of 19 parental rights under any of the following circumstances: 20 (b) When the identity or location of the parent or 21 parents is unknown and, if the court requires a diligent 22 search pursuant to s. 39.4625, cannot be ascertained by 23 diligent search as provided in s. 39.4625 within 90 60 days. 24 Section 13. For the purpose of incorporating the 25 amendment to section 39.464, Florida Statutes, in a reference 26 thereto, paragraphs (a) and (b) of subsection (1) and 27 subsection (2) of section 39.4611, Florida Statutes, are 28 reenacted to read: 29 39.4611 Elements of petition for termination of 30 parental rights.-- 31 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 357 606-105-97 1 (1) A petition for termination of parental rights 2 filed under this chapter must contain facts supporting the 3 following allegations: 4 (a) That at least one of the grounds listed in s. 5 39.464 has been met. 6 (b) That the parents of the child were informed of 7 their right to counsel at all hearings that they attend and 8 that a dispositional order adjudicating the child dependent 9 was entered in any prior dependency proceeding relied upon in 10 offering a parent a case plan as described in s. 39.464. 11 (2) When a petition for termination of parental rights 12 is filed under s. 39.464(1), a separate petition for 13 dependency need not be filed and the department need not offer 14 the parents a case plan with a goal of reunification, but may 15 instead file with the court a case plan with a goal of 16 termination of parental rights. 17 Section 14. Present paragraphs (e) through (i) of 18 subsection (1) of section 415.505, Florida Statutes, 1996 19 Supplement, are redesignated as paragraphs (f) through (j), 20 respectively, and a new paragraph (e) is added to said 21 subsection, to read: 22 415.505 Child protective investigations; institutional 23 child abuse or neglect investigations.-- 24 (1) 25 (e) When a child is taken into custody pursuant to 26 this section, the authorized agent of the department shall 27 request that the child's parent or custodian disclose the 28 names, relationships, and addresses of all parents and 29 prospective parents and all next of kin, so far as are known. 30 For purposes of this section, "next of kin" is as defined in 31 s. 39.01(48). 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 357 606-105-97 1 Section 15. This act shall take effect July 1, 1998. 2 3 4 5 6 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 15