Senate Bill 2080c1

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    Florida Senate - 2000                           CS for SB 2080

    By the Committee on Judiciary and Senator Grant





    308-1837A-00

  1                      A bill to be entitled

  2         An act relating to child protection; creating

  3         s. 383.50, F.S.; prescribing duties of

  4         hospitals and fire stations with respect to

  5         abandoned newborn infants, as defined;

  6         providing for anonymity of such infants'

  7         parents; amending s. 39.01, F.S.; redefining

  8         the term "abandoned"; amending s. 39.201, F.S.;

  9         revising duties of the central abuse hotline to

10         accept specified reports of abandoned newborn

11         infants and disclose names of eligible licensed

12         child-placing agencies; amending s. 63.167,

13         F.S.; providing duties of the state adoption

14         information center with respect to maintaining

15         a list of child-placing agencies with which

16         abandoned newborns may be placed; creating s.

17         63.0423, F.S.; prescribing rights, duties and

18         procedures for licensed child-placing agencies

19         with respect to custody, placement, and

20         adoption of abandoned newborn infants;

21         providing limited relief from judgment of

22         termination of parental rights; amending s.

23         63.182, F.S.; providing a statute of repose for

24         setting aside adoptions; creating s. 409.163,

25         F.S.; providing duties of the Department of

26         Children and Family Services in conjunction

27         with the Department of Health to produce media

28         campaign with respect to abandoned newborns;

29         creating s. 827.035, F.S.; providing that it is

30         an affirmative defense to certain child-abuse

31         charges that the parent of a newborn infant

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  1         arranged its placement under this act;

  2         providing an effective date.

  3

  4         WHEREAS, in this state and in the nation, newborn

  5  infants have suffered and died as the result of abandonment in

  6  life-threatening situations, and

  7         WHEREAS, the parents of newborn infants are often under

  8  severe emotional stress, and

  9         WHEREAS, anonymity, confidentiality, and freedom from

10  prosecution for parents may encourage them to leave a newborn

11  infant safely and thus save the newborn infant's life, NOW,

12  THEREFORE,

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Section 383.50, Florida Statutes, is

17  created to read:

18         383.50  Treatment of abandoned newborn infant.--

19         (1)  As used in this section, the term "newborn infant"

20  means a child that a licensed physician reasonably believes to

21  be approximately 3 days old or younger at the time the child

22  is left at the hospital.

23         (2)  Each fire station staffed with full-time

24  firefighters or emergency medical technicians shall accept any

25  newborn infant left with a fire fighter or emergency medical

26  technician when the identity of the parents is unknown. Upon

27  acceptance of the newborn infant, the firefighter or emergency

28  medical technician shall provide emergency medical service to

29  the extent he or she is trained to provide those services and

30  shall arrange for transport of the newborn infant to the

31  nearest hospital with emergency services. Any firefighter or

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  1  emergency medical technician accepting or providing emergency

  2  medical services to a newborn infant pursuant to this

  3  subsection is immune from criminal or civil liability for

  4  having performed the act. Nothing in this subsection limits

  5  liability for negligence.

  6         (3)  Each hospital of this state subject to s. 395.1041

  7  shall, and any other hospital may, admit and provide all

  8  necessary emergency services and care, as defined in s.

  9  395.002(10), to any newborn infant left with the hospital in

10  accordance with this section. The hospital or any of its

11  licensed health care professionals shall consider these

12  actions as implied consent for treatment, and a hospital

13  accepting physical custody of a newborn infant has implied

14  consent to perform all necessary emergency services and care.

15  The hospital or any of its licensed health care professionals

16  is immune from criminal or civil liability for acting in good

17  faith in accordance with this section. Nothing in this

18  subsection limits liability for negligence.

19         (4)  Except where there is actual or suspected child

20  abuse or neglect, any parent who leaves a newborn infant with

21  a firefighter or emergency medical technician at a fire

22  station or brings a newborn infant to an emergency room of a

23  hospital and expresses an intent to leave the newborn infant

24  and not return has the absolute right to remain anonymous and

25  to leave at any time and may not be pursued or followed unless

26  the parent seeks to reclaim the newborn infant.

27         (5)  Upon admitting a newborn infant under this

28  section, the hospital shall immediately contact a local

29  licensed child-placing agency or alternatively contact the

30  statewide central abuse hotline for the names of three

31  licensed child-placing agencies for purposes of transferring

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  1  physical custody of the newborn infant. The hospital shall

  2  notify a licensed child-placing agency that a newborn infant

  3  has been left with the hospital and approximately when the

  4  licensed child-placing agency can take physical custody of the

  5  child. If none of the licensed child-placing agencies

  6  contacted will take custody of the newborn infant, the

  7  hospital shall contact the Department of Children and Family

  8  Services via the statewide central abuse hotline. The

  9  department shall assume physical custody of the newborn infant

10  as if the infant had been voluntarily surrendered. In cases

11  where there is actual or suspected child abuse or neglect, the

12  hospital or any of its licensed health care professionals

13  shall report the actual or suspected child abuse or neglect in

14  accordance with ss. 39.1023 and 395.1023 in lieu of contacting

15  a licensed child-placing agency.

16         (6)  Each hospital or fire station taking physical

17  custody of a newborn infant under this section shall make a

18  good-faith effort to obtain the health, medical, and social

19  history concerning the newborn infant and the parents,

20  including a physical description of the parents if reasonably

21  ascertainable. The hospital or fire station may offer

22  materials to the parent leaving the newborn infant, including:

23         (a)  Information on the importance of the medical,

24  health, and social history regarding the newborn infant and

25  notice that such information may be given anonymously; and

26         (b)  Written notification that failure to contact the

27  entity having physical or legal custody of the newborn infant,

28  or, alternatively the court if proceedings have already been

29  initiated or are pending and assert a claim of parental rights

30  within 30 days after the newborn infant is left at the

31  hospital or the fire station shall result in the commencement

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  1  of proceedings for termination of parental rights and

  2  subsequent adoption of the newborn infant.

  3         (7)  Any newborn infant admitted to a hospital in

  4  accordance with s. 383.50 is presumed eligible for coverage

  5  under Medicaid, subject to federal rules. Medicaid eligibility

  6  remains in effect until a licensed child-placing agency takes

  7  physical custody of the newborn infant.

  8         (8)  A newborn infant left at a fire station or a

  9  hospital in accordance with this section shall not be deemed

10  abandoned subject to reporting and investigation requirements

11  under s. 39.201 unless there is actual or suspected child

12  abuse or until the department takes physical custody of the

13  child.

14         (9)  A criminal investigation shall not be initiated

15  solely because a newborn infant is left at a hospital under s.

16  383.50 unless there is actual or suspected child abuse or

17  neglect.

18         Section 2.  Subsections (1) and (30) of section 39.01,

19  Florida Statutes, are amended to read:

20         39.01  Definitions.--When used in this chapter, unless

21  the context otherwise requires:

22         (1)  "Abandoned" means a situation in which the parent

23  or legal custodian of a child or, in the absence of a parent

24  or legal custodian, the caregiver responsible for the child's

25  welfare, while being able, makes no provision for the child's

26  support and makes no effort to communicate with the child,

27  which situation is sufficient to evince a willful rejection of

28  parental obligations. If the efforts of such parent or legal

29  custodian, or caregiver primarily responsible for the child's

30  welfare, to support and communicate with the child are, in the

31  opinion of the court, only marginal efforts that do not evince

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  1  a settled purpose to assume all parental duties, the court may

  2  declare the child to be abandoned. The term "abandoned" does

  3  not include an abandoned newborn infant as described in s.

  4  383.50, a "child in need of services" as defined in chapter

  5  984, or a "family in need of services" as defined in chapter

  6  984. The incarceration of a parent, legal custodian, or

  7  caregiver responsible for a child's welfare may support a

  8  finding of abandonment.

  9         (30)  "Harm" to a child's health or welfare can occur

10  when any person:

11         (a)  Inflicts or allows to be inflicted upon the child

12  physical, mental, or emotional injury. In determining whether

13  harm has occurred, the following factors must be considered in

14  evaluating any physical, mental, or emotional injury to a

15  child: the age of the child; any prior history of injuries to

16  the child; the location of the injury on the body of the

17  child; the multiplicity of the injury; and the type of trauma

18  inflicted. Such injury includes, but is not limited to:

19         1.  Willful acts that produce the following specific

20  injuries:

21         a.  Sprains, dislocations, or cartilage damage.

22         b.  Bone or skull fractures.

23         c.  Brain or spinal cord damage.

24         d.  Intracranial hemorrhage or injury to other internal

25  organs.

26         e.  Asphyxiation, suffocation, or drowning.

27         f.  Injury resulting from the use of a deadly weapon.

28         g.  Burns or scalding.

29         h.  Cuts, lacerations, punctures, or bites.

30         i.  Permanent or temporary disfigurement.

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  1         j.  Permanent or temporary loss or impairment of a body

  2  part or function.

  3

  4  As used in this subparagraph, the term "willful" refers to the

  5  intent to perform an action, not to the intent to achieve a

  6  result or to cause an injury.

  7         2.  Purposely giving a child poison, alcohol, drugs, or

  8  other substances that substantially affect the child's

  9  behavior, motor coordination, or judgment or that result in

10  sickness or internal injury.  For the purposes of this

11  subparagraph, the term "drugs" means prescription drugs not

12  prescribed for the child or not administered as prescribed,

13  and controlled substances as outlined in Schedule I or

14  Schedule II of s. 893.03.

15         3.  Leaving a child without adult supervision or

16  arrangement appropriate for the child's age or mental or

17  physical condition, so that the child is unable to care for

18  the child's own needs or another's basic needs or is unable to

19  exercise good judgment in responding to any kind of physical

20  or emotional crisis.

21         4.  Inappropriate or excessively harsh disciplinary

22  action that is likely to result in physical injury, mental

23  injury as defined in this section, or emotional injury.  The

24  significance of any injury must be evaluated in light of the

25  following factors:  the age of the child; any prior history of

26  injuries to the child; the location of the injury on the body

27  of the child; the multiplicity of the injury; and the type of

28  trauma inflicted.  Corporal discipline may be considered

29  excessive or abusive when it results in any of the following

30  or other similar injuries:

31         a.  Sprains, dislocations, or cartilage damage.

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  1         b.  Bone or skull fractures.

  2         c.  Brain or spinal cord damage.

  3         d.  Intracranial hemorrhage or injury to other internal

  4  organs.

  5         e.  Asphyxiation, suffocation, or drowning.

  6         f.  Injury resulting from the use of a deadly weapon.

  7         g.  Burns or scalding.

  8         h.  Cuts, lacerations, punctures, or bites.

  9         i.  Permanent or temporary disfigurement.

10         j.  Permanent or temporary loss or impairment of a body

11  part or function.

12         k.  Significant bruises or welts.

13         (b)  Commits, or allows to be committed, sexual

14  battery, as defined in chapter 794, or lewd or lascivious

15  acts, as defined in chapter 800, against the child.

16         (c)  Allows, encourages, or forces the sexual

17  exploitation of a child, which includes allowing, encouraging,

18  or forcing a child to:

19         1.  Solicit for or engage in prostitution; or

20         2.  Engage in a sexual performance, as defined by

21  chapter 827.

22         (d)  Exploits a child, or allows a child to be

23  exploited, as provided in s. 450.151.

24         (e)  Abandons the child. Within the context of the

25  definition of "harm," the term "abandons the child" means that

26  the parent or legal custodian of a child or, in the absence of

27  a parent or legal custodian, the person responsible for the

28  child's welfare, while being able, makes no provision for the

29  child's support and makes no effort to communicate with the

30  child, which situation is sufficient to evince a willful

31  rejection of parental obligation.  If the efforts of such a

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  1  parent or legal custodian or person primarily responsible for

  2  the child's welfare to support and communicate with the child

  3  are only marginal efforts that do not evince a settled purpose

  4  to assume all parental duties, the child may be determined to

  5  have been abandoned. The term "abandoned" does not include an

  6  abandoned newborn infant as described in s. 383.50.

  7         (f)  Neglects the child. Within the context of the

  8  definition of "harm," the term "neglects the child" means that

  9  the parent or other person responsible for the child's welfare

10  fails to supply the child with adequate food, clothing,

11  shelter, or health care, although financially able to do so or

12  although offered financial or other means to do so.  However,

13  a parent or legal custodian who, by reason of the legitimate

14  practice of religious beliefs, does not provide specified

15  medical treatment for a child may not be considered abusive or

16  neglectful for that reason alone, but such an exception does

17  not:

18         1.  Eliminate the requirement that such a case be

19  reported to the department;

20         2.  Prevent the department from investigating such a

21  case; or

22         3.  Preclude a court from ordering, when the health of

23  the child requires it, the provision of medical services by a

24  physician, as defined in this section, or treatment by a duly

25  accredited practitioner who relies solely on spiritual means

26  for healing in accordance with the tenets and practices of a

27  well-recognized church or religious organization.

28         (g)  Exposes a child to a controlled substance or

29  alcohol. Exposure to a controlled substance or alcohol is

30  established by:

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  1         1.  Use by the mother of a controlled substance or

  2  alcohol during pregnancy when the child, at birth, is

  3  demonstrably adversely affected by such usage; or

  4         2.  Continued chronic and severe use of a controlled

  5  substance or alcohol by a parent when the child is

  6  demonstrably adversely affected by such usage.

  7

  8  As used in this paragraph, the term "controlled substance"

  9  means prescription drugs not prescribed for the parent or not

10  administered as prescribed and controlled substances as

11  outlined in Schedule I or Schedule II of s. 893.03.

12         (h)  Uses mechanical devices, unreasonable restraints,

13  or extended periods of isolation to control a child.

14         (i)  Engages in violent behavior that demonstrates a

15  wanton disregard for the presence of a child and could

16  reasonably result in serious injury to the child.

17         (j)  Negligently fails to protect a child in his or her

18  care from inflicted physical, mental, or sexual injury caused

19  by the acts of another.

20         (k)  Has allowed a child's sibling to die as a result

21  of abuse, abandonment, or neglect.

22         (l)  Makes the child unavailable for the purpose of

23  impeding or avoiding a protective investigation unless the

24  court determines that the parent, legal custodian, or

25  caregiver was fleeing from a situation involving domestic

26  violence.

27         Section 3.  Present paragraphs (f) and (g) of

28  subsection (2) of section 39.201, Florida Statutes, are

29  redesignated as paragraphs (g) and (h), respectively, and a

30  new paragraph (f) is added to that subsection to read:

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  1         39.201  Mandatory reports of child abuse, abandonment,

  2  or neglect; mandatory reports of death; central abuse

  3  hotline.--

  4         (2)

  5         (f)  Reports involving abandoned newborn infants as

  6  described in s. 383.50 shall be made and received by the

  7  department.

  8         1.  If the report is of an abandoned newborn infant as

  9  described in s. 383.50 and there is no indication of abuse,

10  neglect, or abandonment of the infant other than that

11  necessarily entailed in the infant having been left at a fire

12  station or hospital, the department shall provide to the

13  caller the names of the three licensed child-placing agencies

14  on a rotating basis of agencies eligible and willing to take

15  custody of and place newborn infants left at a hospital or a

16  fire station. The report shall not be considered a report of

17  abuse, neglect, or abandonment solely because the infant has

18  been left at a hospital pursuant to s. 383.50.

19         2.  If the caller reports indications of abuse or

20  neglect beyond that necessarily entailed in the infant having

21  been left at a fire station or hospital, the report shall be

22  considered as a report of abuse, neglect, or abandonment and

23  shall be subject to the requirements of s. 39.395 and all

24  other relevant provisions of this chapter, notwithstanding any

25  provisions of chapter 383.

26         Section 4.  Paragraph (f) is added to subsection (2) of

27  section 63.167, Florida Statutes, to read:

28         63.167  State adoption information center.--

29         (2)  The functions of the state adoption information

30  center shall include:

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  1         (f)  Maintaining a list of licensed child-placing

  2  agencies eligible and willing to take custody of and place

  3  newborn infants left at a hospital, pursuant to s. 383.50. The

  4  names and contact information for the licensed child-placing

  5  agencies on the list shall be provided on a rotating basis to

  6  the statewide central abuse hotline.

  7         Section 5.  Section 63.0423, Florida Statutes, is

  8  created to read:

  9         63.0423  Procedures with respect to abandoned

10  newborns.--

11         (1)  Upon notice from any hospital or any of its

12  licensed health care professionals that a newborn infant has

13  been left at a fire station or hospital pursuant to s. 383.50,

14  a licensed child-placing agency may accept such infant. The

15  licensed child-placing agency shall immediately seek an order

16  for emergency custody of the newborn infant from the circuit

17  court. A licensed child-placing agency accepting the newborn

18  infant shall assume responsibility for all medical costs and

19  all other costs associated with the emergency services and

20  care of the newborn infant.

21         (2)  The emergency-custody order shall remain in effect

22  until the court orders preliminary approval of placement of

23  the newborn infant in the prospective home, at which time the

24  prospective adoptive parents become guardians pending

25  finalization of adoption or until the court orders otherwise.

26         (3)  Upon the newborn infant's transfer from the

27  hospital, the licensed child-placing agency shall, when

28  possible, place the newborn infant temporarily in a

29  prospective adoptive home, at which time the prospective

30  adoptive parents become guardians pending termination of

31  parental rights and finalization of adoption.

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  1         (4)  During the initial 30 days of placement, the

  2  licensed child-placing agency shall request assistance from

  3  law enforcement officials to investigate, through the Missing

  4  Children Information Clearinghouse, the National Center for

  5  Missing and Exploited Children, and any other national and

  6  state resources, to ensure that the newborn infant is not a

  7  missing child.

  8         (5)  A petition for termination of parental rights

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

10  placement of the newborn infant in the prospective adoptive

11  home. A petition for termination of parental rights may not be

12  granted until consent has been executed by the parents of the

13  newborn infant as set forth in s. 63.062, except that a parent

14  who has left a newborn infant in a hospital in accordance with

15  s. 383.50 is presumptively deemed to have consented to

16  termination of parental rights.

17         (6)  Within 7 days after accepting physical custody of

18  a newborn infant, a licensed child-placing agency must conduct

19  a diligent search to notify and to obtain consent from a

20  parent whose identity or location is unknown, other than a

21  parent who has left a newborn infant at a fire station or a

22  hospital in accordance with s. 383.50. The diligent search

23  must include at a minimum, inquiries of all known relatives of

24  the parent, inquiries of all offices of program areas of the

25  department likely to have information about the parent,

26  inquiries of other state and federal agencies likely to have

27  information about the parent, inquiries of appropriate utility

28  and postal providers, and inquiries of appropriate law

29  enforcement agencies. Constructive notice must also be

30  provided to that parent whose identity or location is unknown.

31  Constructive notice shall be made as provided in chapter 49 in

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  1  the county where the newborn infant was left and in the county

  2  where the petition to terminate parental rights is filed or

  3  will be filed. The constructive notice must include

  4  information in the petition to terminate parental rights and

  5  information on whom the parent must contact in order to assert

  6  a claim of parental rights of the newborn infant and how to

  7  assert that claim. If a parent cannot be identified or located

  8  through a diligent search, the licensed child-placing agency

  9  shall file an affidavit of diligent search at the same time

10  that the petition to terminate parental rights is filed.

11         (7)  A claim of parental rights of the newborn infant

12  may not be made after the adjudicatory hearing on the petition

13  to terminate parental rights by a parent other than a parent

14  who is deemed to have consented pursuant to s. 383.50 and who

15  has not executed a consent to adoption or an affidavit of

16  nonpaternity, except as otherwise provided by subsection (10).

17         (8)  If a claim of parental rights of the newborn

18  infants is made to the entity having physical or legal custody

19  of the newborn infant or to the court, before the adjudicatory

20  hearing on the petition for termination of parental rights,

21  the circuit court may hold the action for termination of

22  parental rights and adoption in abeyance for a period of time

23  not to exceed 60 days.

24         (a)  During that period the circuit court shall order

25  scientific testing to determine maternity or paternity at the

26  expense of the claimant.

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

28  newborn infant and order whatever investigation or evaluation

29  is necessary to determine what is in the best interest of the

30  newborn infant.

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

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

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

  4         (9)  The court shall enter a written judgment returning

  5  the newborn infant to the parent or terminating parental

  6  rights pending adoption to include findings of fact as to the

  7  grounds for judgment. Within 24 hours after filing the

  8  judgment, the clerk of the court shall mail a copy of the

  9  judgment to the department, the petitioner, and the persons

10  whose consent were required, if known. The clerk shall execute

11  a certificate of each mailing.

12         (10)(a)  A judgment terminating parental rights pending

13  adoption is voidable, and any later judgment of adoption of

14  that minor is voidable, if, upon the motion of a parent, the

15  court finds that a person knowingly gave false information

16  that prevented the parent from timely making known his or her

17  desire to assume parental responsibilities toward the minor or

18  from exercising his or her parental rights. A motion under

19  this subsection must be filed with the court originally

20  entering the judgment. The motion must be filed within a

21  reasonable time, but not later than 2 years after the entry of

22  the judgment terminating parental rights.

23         (b)  No later than 30 days after the filing of a motion

24  under this subsection, the court must conduct a preliminary

25  hearing to determine what contact, if any, will be permitted

26  between a parent and the child pending resolution of the

27  motion. Such contact may be allowed only if it is requested by

28  a parent who has appeared at the hearing. If the court orders

29  contact between a parent and child, the order must be issued

30  in writing as expeditiously as possible and must state with

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  1  specificity any provisions regarding contact with persons

  2  other than those with whom the child resides.

  3         (c)  At the preliminary hearing the court, upon the

  4  motion of any party or upon its own motion, may order

  5  scientific testing to determine the paternity or maternity of

  6  the minor if the person seeking to set aside the judgment is

  7  alleging to be the child's parent and that fact has not

  8  previously been determined by legal proceedings or scientific

  9  testing. The court may order supervised visitation with a

10  person for whom scientific testing for paternity or maternity

11  has been ordered. Such visitation shall be conditioned upon

12  the filing of test results with the court and those results

13  establishing that person's paternity or maternity of the

14  minor.

15         (d)  No later than 45 days after the preliminary

16  hearing, the court must conduct a final hearing on the motion

17  to set aside the judgment and enter its written order as

18  expeditiously as possible thereafter.

19         (11)  To the extent that this section conflicts with

20  chapter 63, proceedings for the termination of parental rights

21  and the subsequent adoption of a newborn infant left in a

22  hospital pursuant to s. 383.50 shall be conducted in

23  accordance with chapter 63.

24         Section 6.  Section 63.182, Florida Statutes, is

25  amended to read:

26         (Substantial rewording of section. See

27         s. 63.182, F.S., for present text.)

28         63.182  Statute of repose.--Notwithstanding s. 95.031

29  or s. 95.11 or any other statute:

30         (1)  An action or proceeding of any kind to vacate, set

31  aside, or otherwise nullify a judgment of adoption or an

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    Florida Senate - 2000                           CS for SB 2080
    308-1837A-00




  1  underlying judgment terminating parental rights on any ground,

  2  including duress but excluding fraud, shall in no event be

  3  filed more than 1 year after entry of the judgment terminating

  4  parental rights.

  5         (2)  An action or proceeding of any kind to vacate, set

  6  aside, or otherwise nullify a judgment of adoption or an

  7  underlying judgment terminating parental rights on grounds of

  8  fraud shall in no event be filed more than 2 years after entry

  9  of the judgment terminating parental rights.

10         Section 7.  Section 409.163, Florida Statutes, is

11  created to read:

12         409.163  Department; duties with respect to abandoned

13  newborns.--

14         (1)  The department, in conjunction with the Department

15  of Health, shall produce a media campaign to promote safe

16  placement alternatives for newborn infants and inform the

17  public concerning the confidentiality and limited immunity

18  from criminal prosecution offered to birth parents, the rights

19  of a parent who has left a newborn infant in accordance with

20  s. 383.50 to reclaim the infant within 30 days after the

21  newborn infant is left or to assert a claim prior to the

22  adjudicatory hearing on the petition for termination of

23  parental rights, and adoption procedures.

24         (2)  The department shall provide to all hospitals the

25  number for the statewide central abuse hotline along with the

26  hours that the line will be available to provide information

27  concerning licensed child-placing agencies.

28         Section 8.  Section 827.035, Florida Statutes, is

29  created to read:

30         827.035  Affirmative defense.--It is an affirmative

31  defense to any prosecution under this chapter that the parent

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    Florida Senate - 2000                           CS for SB 2080
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  1  of a newborn infant placed or arranged for placement of the

  2  infant with any hospital in accordance with s. 383.50.

  3         Section 9.  This act shall take effect July 1, 2000.

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    Florida Senate - 2000                           CS for SB 2080
    308-1837A-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2080

  3

  4  Adds fire stations to the list of locations at which a parent
    may abandon a newborn infant anonymously and with limited
  5  immunity from prosecution under specified circumstances and
    sets forth the fire station's duty to treat and transfer
  6  abandoned newborn infants to a hospital.

  7  Requires hospitals and fire stations to make good-faith
    attempts to collect medical and social information and the
  8  physical description of a person abandoning a newborn infant.

  9  Provides presumption of Medicaid eligibility for abandoned
    newborn infants.
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    Requires the licensed child-placing agency to assume health
11  care and welfare needs and costs of the abandoned newborn
    infant.
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    Requires the Department of Children and Families to accept
13  physical custody and legal responsibility for abandoned
    newborn infants who can not be placed with a licensed
14  child-placing agency as if the infant had been voluntarily
    surrendered to the department.
15
    Revises the definition for the term "abandoned" in chapter 39,
16  F.S., to exclude those newborn infants left at a hospital or
    fire station, with the exception of those who have actual or
17  suspected child abuse or neglect.

18  Refines the procedure for parents claiming or reclaiming an
    abandoned newborn infant within specified time frames.
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    Requires the licensed child-placing agency to conduct a
20  diligent search and provide constructive notice for a parent
    whose identity or location is unknown and who is not otherwise
21  the parent who abandoned the newborn infant.

22  Removes state involvement in the termination of parental
    rights proceedings in which a claim of parental rights is made
23  of an abandoned newborn infant before the adjudicatory hearing
    unless the court requires such involvement.
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    Requires the court to order genetic testing to determine
25  parentage in order to claim an abandoned newborn and to order
    whatever investigations or evaluations are necessary to
26  determine the best interest of the abandoned newborn infant.

27  Expands duties of the Department of Children and Families
    regarding calls to the statewide central abuse hotline.
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    Provides a limited statute of repose for challenges to
29  judgments of adoption and underlying termination of parental
    rights.
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    Requires the Department of Children and Families to work with
31  the Department of Health to develop and conduct a media
    campaign regarding safe alternatives to placement of newborn
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    Florida Senate - 2000                           CS for SB 2080
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  1  infants.

  2  Specifies that criminal investigation for child abuse and
    neglect may not be initiated on the sole basis that the
  3  newborn infant has been abandoned at a fire station or
    hospital.
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