Senate Bill sb0452

    Florida Senate - 2001                                   SB 452

    By Senator Peaden





    300-287-01

  1                      A bill to be entitled

  2         An act relating to proceedings relating to

  3         children; amending the definition of the term

  4         "child who is found to be dependent," as the

  5         term is used in ch. 39, F.S.; providing an

  6         effective date.

  7

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

  9

10         Section 1.  Subsection (14) of section 39.01, Florida

11  Statutes, is amended to read:

12         39.01  Definitions.--When used in this chapter, unless

13  the context otherwise requires:

14         (14)  "Child who is found to be dependent" means a

15  child who, pursuant to this chapter, is found by the court:

16         (a)  To have been abandoned, abused, or neglected by

17  the child's parent or parents or legal custodians;

18         (b)  To have been surrendered to the department, the

19  former Department of Health and Rehabilitative Services, or a

20  licensed child-placing agency for purpose of adoption;

21         (c)  To have been voluntarily placed with a licensed

22  child-caring agency, a licensed child-placing agency, an adult

23  relative, the department, or the former Department of Health

24  and Rehabilitative Services, after which placement, under the

25  requirements of this chapter, a case plan has expired and the

26  parent or parents or legal custodians have failed to

27  substantially comply with the requirements of the plan;

28         (d)  To have been voluntarily placed with a licensed

29  child-placing agency for the purposes of subsequent adoption,

30  and a parent or parents have signed a consent pursuant to the

31  Florida Rules of Juvenile Procedure;

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    Florida Senate - 2001                                   SB 452
    300-287-01




  1         (e)  To have no parent or legal custodians capable of

  2  providing supervision and care; or

  3         (f)  To be at substantial risk of imminent abuse,

  4  abandonment, or neglect by the parent or parents or legal

  5  custodians;.

  6         (g)  To have a parent who is incarcerated in a state or

  7  federal correctional institution and:

  8         1.a.  The period of time for which the parent is

  9  expected to be incarcerated will constitute a substantial

10  portion of the period of time before the child will attain the

11  age of 18 years; or

12         b.  The incarcerated parent has been determined by the

13  court to be a violent career criminal as defined in s.

14  775.084, a habitual violent felony offender as defined in s.

15  775.084, or a sexual predator as defined in s. 775.21; has

16  been convicted of first-degree or second-degree murder in

17  violation of s. 782.04 or of a sexual battery that constitutes

18  a capital, life, or first-degree felony violation of s.

19  794.011; or has been convicted in another jurisdiction of an

20  offense that is substantially similar to one of the offenses

21  listed in this paragraph. As used in this sub-subparagraph,

22  the term "substantially similar offense" means any offense

23  that is substantially similar in elements and penalties to one

24  of those listed in this paragraph and that is in violation of

25  a law of any other jurisdiction, whether that of another

26  state, the District of Columbia, the United States or any

27  possession or territory thereof, or any foreign jurisdiction;

28  and

29         2.  The child's other parent is incapable of caring for

30  the child in a safe and healthful environment; or

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    Florida Senate - 2001                                   SB 452
    300-287-01




  1         (h)1.  To have a parent or parents who engaged in

  2  egregious conduct or had the opportunity and capability to

  3  prevent and knowingly failed to prevent egregious conduct that

  4  threatens the life, safety, or physical, mental, or emotional

  5  health of the child or the child's sibling.

  6         2.  As used in this paragraph, the term:

  7         a.  "Sibling" means another child who resides with or

  8  is cared for by the parent or parents regardless of whether

  9  the child is related legally or by consanguinity.

10         b.  "Egregious conduct" means abuse, abandonment,

11  neglect, or any other conduct of the parent or parents that is

12  deplorable, flagrant, or outrageous by a normal standard of

13  conduct. Egregious conduct may include an act or omission that

14  occurred only once but was of such intensity, magnitude, or

15  severity as to endanger the life of the child.

16         Section 2.  This act shall take effect upon becoming a

17  law.

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20                          SENATE SUMMARY

21    Amends the definition of the term "child who is found to
      be dependent" as the term is used in ch. 39, F.S.,
22    entitled "Proceedings Relating to Children."

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