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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2080

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Grant moved the following amendment:

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13         Senate Amendment 

14         On page 12, line 11 through page 15, line 11, delete

15  those lines

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17  and insert:

18         (1)  A licensed child-placing agency that takes

19  physical custody of a newborn infant left at a hospital or a

20  fire station pursuant to s. 383.50, shall assume

21  responsibility for all medical costs and all other costs

22  associated with the emergency services and care of the newborn

23  infant from the time the licensed child-placing agency takes

24  physical custody of the newborn infant.

25         (2)  The licensed child-placing agency shall

26  immediately seek an order from the circuit court for emergency

27  custody of the newborn infant. The emergency custody order

28  shall remain in effect until the court orders preliminary

29  approval of placement of the newborn infant in the prospective

30  home, at which time the prospective adoptive parents become

31  guardians pending termination of parental rights and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2080

    Amendment No.    





 1  finalization of adoption or until the court orders otherwise.

 2  The licensed child-placing agency may seek to temporarily

 3  place the newborn infant in a prospective adoptive home as

 4  soon as possible.

 5         (3)  The licensed child-placing agency that takes

 6  physical custody of the newborn infant shall immediately

 7  request assistance from law enforcement officials to

 8  investigate and determine, through the Missing Children

 9  Information Clearinghouse, the National Center for Missing and

10  Exploited Children, and any other national and state

11  resources, whether or not the newborn infant is a missing

12  child.

13         (4)  Within 7 days after accepting physical custody of

14  the newborn infant, the licensed child-placing agency shall

15  initiate a diligent search to notify and to obtain consent

16  from a parent whose identity or location is unknown, other

17  than the parent who has left a newborn infant at a fire

18  station or a hospital in accordance with s. 383.50. The

19  diligent search must include, at a minimum, inquiries of all

20  known relatives of the parent, inquiries of all offices or

21  program areas of the department likely to have information

22  about the parent, inquiries of other state and federal

23  agencies likely to have information about the parent,

24  inquiries of appropriate utility and postal providers and

25  inquiries of appropriate law enforcement agencies.

26  Constructive notice must also be provided pursuant to chapter

27  49 in the county where the newborn infant was left and in the

28  county where the petition to terminate parental rights will be

29  filed. The constructive notice must include at a minimum,

30  available identifying information, and information on whom a

31  parent must contact in order to assert a claim of parental

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2080

    Amendment No.    





 1  rights of the newborn infant and how to assert that claim. If

 2  a parent is identified and located, notice of the adjudicatory

 3  hearing shall be provided. If a parent can not be identified

 4  or located subsequent to the diligent search and constructive

 5  notice, the licensed child-placing agency shall file an

 6  affidavit of diligent search at the same time that the

 7  petition to terminate parental rights is filed.

 8         (5)  A petition for termination of parental rights

 9  under this section may not be filed until 30 days after the

10  date the newborn infant was left in accordance with s. 383.50.

11  A petition for termination of parental rights may not be

12  granted until consent to adoption or an affidavit of

13  nonpaternity has been executed by a parent of the newborn

14  infant as set forth in s. 63.062, a parent has failed to

15  reclaim or claim the newborn infant within the specified time

16  period, or the consent of a parent is otherwise waived by the

17  court.

18         (6)  A claim of parental rights of the newborn infant

19  must be made to the entity having physical or legal custody of

20  the newborn infant or to the circuit court before whom

21  proceedings involving the newborn infant are pending. A claim

22  of parental rights of the newborn infant may not be made after

23  the judgment to terminate parental rights is entered, except

24  as otherwise provided by subsection (10).

25         (7)  If a claim of parental rights of a newborn infant

26  is made before the judgement to terminate parental rights is

27  entered, the circuit court shall hold the action for

28  termination of parental rights pending subsequent adoption in

29  abeyance for a period of time not to exceed 60 days.

30         (a)  The court shall order scientific testing to

31  determine maternity or paternity at the expense of the parent

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2080

    Amendment No.    





 1  claiming parental rights unless maternity or paternity has

 2  been previously established legally or by scientific testing.

 3         (b)  The court may appoint a guardian ad litem for the

 4  newborn infant and order whatever investigation, home

 5  evaluation and psychological evaluation are necessary to

 6  determine what is in the best interest of the newborn infant.

 7         (c)  The court may not terminate parental rights solely

 8  on the basis that the parent left a newborn infant at a

 9  hospital or fire station in accordance with s. 383.50.

10         (d)  The court shall enter a judgment with written

11  findings of fact and conclusions of law.

12         (8)  Within 24 hours after filing the judgment, the

13  clerk of the court shall mail a copy of the judgment to the

14  department, the petitioner, and the persons whose consent were

15  required, if known. The clerk shall execute a certificate of

16  each mailing.

17         (Redesignate subsequent subsections.)

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