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House Bill 0055

Florida House of Representatives - 1997 HB 55 By Representative Morse 1 A bill to be entitled 2 An act relating to child custody; amending s. 3 61.13, F.S.; providing for consideration of 4 spousal or child abuse in custody proceedings; 5 reenacting ss. 39.408(3)(a) and 741.30(5)(a), 6 F.S., relating to disposition hearings in 7 dependency cases, and relating to temporary 8 injunctions in domestic violence cases, to 9 incorporate said amendment in references; 10 providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (k) of subsection (3) of section 15 61.13, Florida Statutes, is redesignated as paragraph (l), and 16 a new paragraph (k) is added to said subsection to read: 17 61.13 Custody and support of children; visitation 18 rights; power of court in making orders.-- 19 (3) For purposes of shared parental responsibility and 20 primary residence, the best interests of the child shall 21 include an evaluation of all factors affecting the welfare and 22 interests of the child, including, but not limited to: 23 (k) Evidence of spousal or child abuse. 24 Section 2. For the purpose of incorporating the 25 amendment to s. 61.13, Florida Statutes, in references 26 thereto, the sections or subdivisions of Florida Statutes set 27 forth below are reenacted to read: 28 39.408 Hearings for dependency cases.-- 29 (3) DISPOSITION HEARING.--At the disposition hearing, 30 if the court finds that the facts alleged in the petition for 31 dependency were proven in the adjudicatory hearing, or if the 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 55 281-161A-97 1 parents have consented to the finding of dependency or 2 admitted the allegations in the petition, have failed to 3 appear for the arraignment hearing after proper notice, or 4 have not been located despite a diligent search having been 5 conducted, the court shall receive and consider a 6 predisposition study, which must be in writing and presented 7 by an authorized agent of the department. 8 (a) The predisposition study shall cover for any 9 dependent child all factors specified in s. 61.13(3), and must 10 also provide the court with the following documented 11 information: 12 1. An assessment defining the dangers and risks of 13 returning the child home, including a description of the 14 changes in and resolutions to the initial risks. 15 2. A description of what risks are still present and 16 what resources are available and will be provided for the 17 protection and safety of the child. 18 3. A description of the benefits of returning the 19 child home. 20 4. A description of all unresolved issues. 21 5. An abuse registry history for all caretakers, 22 family members, and individuals residing within the household. 23 6. The complete child protection team report and 24 recommendation or, if no report exists, a statement reflecting 25 that no report has been made. 26 7. All opinions or recommendations from other 27 professionals or agencies that provide evaluative, social, 28 reunification, or other services to the family. 29 8. The availability of appropriate prevention and 30 reunification services for the family to prevent the removal 31 of the child from the home or to reunify the child with the 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 55 281-161A-97 1 family after removal, including the availability of family 2 preservation services through the Family Builders Program, the 3 Intensive Crisis Counseling Program, or both. 4 9. The inappropriateness of other prevention and 5 reunification services that were available. 6 10. The efforts by the department to prevent 7 out-of-home placement of the child or, when applicable, to 8 reunify the family if appropriate services were available, 9 including the application of intensive family preservation 10 services through the Family Builders Program, the Intensive 11 Crisis Counseling Program, or both. 12 11. Whether the services were provided to the family 13 and child. 14 12. If the services were provided, whether they were 15 sufficient to meet the needs of the child and the family and 16 to enable the child to remain at home or to be returned home. 17 13. If the services were not provided, the reasons for 18 such lack of action. 19 14. The need for, or appropriateness of, continuing 20 the services if the child remains in the custody of the family 21 or if the child is placed outside the home. 22 15. Whether family mediation was provided. 23 16. Whether a multidisciplinary case staffing was 24 conducted and, if so, the results. 25 17. If the child has been removed from the home and 26 there is a parent who may be considered for custody pursuant 27 to s. 39.41(1), a recommendation as to whether placement of 28 the child with that parent would be detrimental to the child. 29 741.30 Domestic violence; injunction; powers and 30 duties of court and clerk; petition; notice and hearing; 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 55 281-161A-97 1 temporary injunction; issuance of injunction; statewide 2 verification system; enforcement.-- 3 (5)(a) When it appears to the court that an immediate 4 and present danger of domestic violence exists, the court may 5 grant a temporary injunction ex parte, pending a full hearing, 6 and may grant such relief as the court deems proper, including 7 an injunction: 8 1. Restraining the respondent from committing any acts 9 of domestic violence. 10 2. Awarding to the petitioner the temporary exclusive 11 use and possession of the dwelling that the parties share or 12 excluding the respondent from the residence of the petitioner. 13 3. On the same basis as provided in s. 61.13(2), (3), 14 (4), and (5), granting to the petitioner temporary custody of 15 a minor child or children. 16 Section 3. This act shall take effect upon becoming a 17 law. 18 19 ***************************************** 20 HOUSE SUMMARY 21 Provides for the court to consider evidence of spousal 22 abuse or child abuse when evaluating the best interests of the child in child custody proceedings under ch. 61, 23 F.S., relating to dissolution of marriage. 24 25 26 27 28 29 30 31 4