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