House Bill hb0055

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




    Florida House of Representatives - 2002                  HB 55

        By Representative Weissman






  1                      A bill to be entitled

  2         An act relating to children and families;

  3         creating s. 752.011, F.S.; providing for

  4         court-ordered visitation for grandparents and

  5         great-grandparents under certain circumstances;

  6         providing for appointment of a guardian ad

  7         litem and family mediation if the court makes a

  8         preliminary finding that the minor is

  9         threatened with demonstrable significant mental

10         or emotional harm without such visitation;

11         requiring court-ordered evaluation of the child

12         if mediation fails; providing for a hearing to

13         determine whether the minor is threatened with

14         demonstrable significant mental or emotional

15         harm; providing criteria for such a

16         determination; providing for attorney's fees

17         and costs; applying the Uniform Child Custody

18         Jurisdiction Act; repealing s. 752.01, F.S.,

19         relating to grandparental visitation;

20         encouraging consolidation of actions under ss.

21         61.13, and 752.011, F.S.; amending ss. 752.015

22         and 752.07, F.S., to conform cross references;

23         amending s. 39.01, F.S.; including references

24         to great-grandparents in definitions relating

25         to dependent children; amending s. 39.509,

26         F.S.; providing for great-grandparents'

27         visitation rights; amending ss. 39.801 and

28         63.0425, F.S.; providing for a

29         great-grandparent's right to adopt; amending s.

30         61.13, F.S.; providing for great-grandparents'

31         visitation rights and standing with regard to

                                  1

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






    Florida House of Representatives - 2002                  HB 55

    739-114-02






  1         evaluating custody arrangements; conforming

  2         this section to provisions of this act;

  3         amending s. 63.172, F.S.; conforming references

  4         relating to great-grandparental visitation

  5         rights under ch. 752, F.S.; providing an

  6         effective date.

  7

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

  9

10         Section 1.  Section 752.011, Florida Statutes, is

11  created to read:

12         752.011  Action by grandparent or great-grandparent for

13  right of visitation; when petition shall be granted.--

14         (1)  A grandparent or great-grandparent of a minor may

15  petition for visitation with that minor if:

16         (a)  The petitioner is the parent or grandparent of a

17  deceased parent of the minor;

18         (b)  The marriage of the parents of the minor has been

19  dissolved, whether or not a dissolution action is pending;

20         (c)  A parent of the minor has deserted the minor;

21         (d)  The minor was born out of wedlock and not later

22  determined to be a minor born within wedlock as provided in s.

23  742.091; or

24         (e)  A deceased parent of the minor has made a written

25  testamentary statement requesting that there be visitation

26  between his or her surviving minor child and the grandparent

27  or great-grandparent.

28         (2)  Upon the filing of a petition by a grandparent or

29  great-grandparent for visitation rights, the court shall hold

30  a preliminary hearing to find whether there is evidence that

31  the minor is suffering or is threatened with suffering

                                  2

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






    Florida House of Representatives - 2002                  HB 55

    739-114-02






  1  demonstrable significant mental or emotional harm as a result

  2  of a parental decision not to permit visitation or contact

  3  with the grandparent or great-grandparent. Absent such a

  4  finding, the court shall dismiss the petition and shall award

  5  reasonable attorney's fees and costs to be paid by the

  6  petitioner to the respondent.

  7         (3)  If the court finds that there is evidence that the

  8  minor is suffering or is threatened with suffering

  9  demonstrable significant mental or emotional harm as a result

10  of a parental decision not to permit visitation or contact

11  with the grandparent or great-grandparent, the court may

12  appoint a guardian ad litem and shall order the matter to

13  family mediation as provided in chapter 44 and Rules 12.740

14  and 12.741 of the Florida Family Law Rules of Procedure.

15         (4)  When mediation fails to yield a resolution, the

16  court shall order a psychological evaluation of the minor

17  pursuant to Rule 12.363, Fla. Fam. L.R.P., if comparable

18  evidence of the findings expected from such an evaluation is

19  unavailable.

20         (5)  After a hearing on the matter, the court may award

21  reasonable rights of visitation to the grandparent or

22  great-grandparent with respect to the minor if the court finds

23  that:

24         (a)  There is clear and convincing evidence that the

25  minor is suffering or is threatened with suffering

26  demonstrable significant mental or emotional harm as a result

27  of a parental decision not to permit visitation or contact

28  with the grandparent or great-grandparent and that visitation

29  with the grandparent or great-grandparent will alleviate or

30  mitigate the harm.

31

                                  3

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






    Florida House of Representatives - 2002                  HB 55

    739-114-02






  1         (b)  The visitation will not materially harm the

  2  parent-child relationship.

  3         (6)  In assessing demonstrable significant mental or

  4  emotional harm as those terms are used in this chapter, the

  5  court shall consider the totality of the circumstances

  6  affecting the mental and emotional well-being of the minor,

  7  including:

  8         (a)  The love, affection, and other emotional ties

  9  existing between the minor and the grandparent or

10  great-grandparent, including those based upon a relationship

11  that has been permitted previously by one or more of the

12  minor's parents.

13         (b)  The length and quality of the prior relationship

14  between the minor and the grandparent or great-grandparent,

15  including the extent to which the grandparent or

16  great-grandparent has been involved in providing regular care

17  and support of the minor.

18         (c)  Whether the grandparent or great-grandparent has

19  established or attempted to establish ongoing personal contact

20  with the minor.

21         (d)  The reasons for which a parent or parents have

22  made a decision to end contact or visitation between the minor

23  and the grandparent or great-grandparent which was permitted

24  previously by the parent or parents.

25         (e)  Whether there has been demonstrable significant

26  mental or emotional harm to the minor as the result of

27  disruption in the family unit due to divorce, abandonment by a

28  parent, or disability or death of a parent, sibling, or other

29  household member, for which the minor has derived support and

30  stability from the relationship with the grandparent or

31

                                  4

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






    Florida House of Representatives - 2002                  HB 55

    739-114-02






  1  great-grandparent and whether the continuation of that support

  2  and stability is likely to prevent further harm.

  3         (f)  The existence or threat of mental injury to the

  4  minor as defined in s. 39.01.

  5         (g)  When one parent is deceased, whether visitation

  6  with the grandparent or great-grandparent will help maintain

  7  or facilitate contact between the minor and the deceased

  8  parent's extended family of origin such that demonstrable

  9  significant mental or emotional harm to the minor from loss of

10  additional family relationships is mitigated.

11         (h)  The present mental, physical, and emotional needs

12  and health of the minor.

13         (i)  The present mental, physical, and emotional health

14  of the grandparent or great-grandparent.

15         (j)  The recommendations of the minor's guardian ad

16  litem.

17         (k)  The results of the psychological evaluation of the

18  minor pursuant to Rule 12.363, Fla. Fam. L.R.P.

19         (l)  The preference of the minor if the minor is

20  determined to be of sufficient maturity to express a

21  preference.

22         (m)  When a parent is deceased, any written

23  testamentary statement by the deceased parent requesting that

24  visitation with the grandparent or great-grandparent be

25  granted or stating a belief that such visitation would reduce

26  or mitigate demonstrable significant mental or emotional harm

27  to the minor as a result of the parent's death. The absence of

28  such a testamentary statement may not be construed as evidence

29  that the deceased parent would have objected to the requested

30  visitation.

31

                                  5

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






    Florida House of Representatives - 2002                  HB 55

    739-114-02






  1         (n)  Such other factors as the court considers

  2  necessary in making this determination.

  3         (7)  In assessing whether granting a petition brought

  4  under this chapter will cause material harm to the

  5  parent-child relationship, the court shall consider the

  6  totality of the circumstances affecting the parent-child

  7  relationship, including:

  8         (a)  Whether there have been previous disputes between

  9  the parents and the grandparent or great-grandparent over

10  childrearing or other matters related to the care and

11  upbringing of the minor.

12         (b)  Whether visitation would materially interfere with

13  or compromise parental authority.

14         (c)  Whether visitation can be arranged in such a

15  manner as not to materially detract from the parent-child

16  relationship, including the quantity of time available for

17  enjoyment of the parent-child relationship and any other

18  consideration related to disruption of the schedule and

19  routines of the parents' and the minor's home lives.

20         (d)  Whether visitation is being sought for the primary

21  purpose of continuing or establishing a relationship with the

22  minor with the intent that the minor benefit from the

23  relationship.

24         (e)  Whether the requested visitation would expose the

25  minor to conduct, moral standards, experiences, or other

26  factors that are inconsistent with influences provided by the

27  parent.

28         (f)  The nature of the relationship between the parents

29  and the grandparent or great-grandparent.

30         (g)  The reasons for which a parent or parents have

31  made a decision to end contact or visitation between the minor

                                  6

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






    Florida House of Representatives - 2002                  HB 55

    739-114-02






  1  and the grandparent or great-grandparent which has been

  2  permitted previously by the parent or parents.

  3         (h)  The psychological toll of visitation disputes on

  4  the minor in the particular circumstances.

  5         (i)  Such other factors as the court considers

  6  necessary in making this determination.

  7         (8)  Sections 61.1302-61.1348, the Uniform Child

  8  Custody Jurisdiction Act, apply to actions brought under this

  9  chapter.

10         (9)  If separate actions under this section and s.

11  61.13 are pending concurrently, courts are strongly encouraged

12  to consolidate the actions in order to minimize the burden of

13  litigation of visitation rights on the minor and the parties.

14         (10)  An order of grandparent visitation or

15  great-grandparent visitation may be modified upon a showing of

16  substantial change in circumstances or a showing that

17  visitation is causing material harm to the parent-child

18  relationship.

19         (11)  An original action requesting visitation rights

20  under this chapter may be filed by any grandparent or

21  great-grandparent only once during any 2-year period, except

22  on good cause shown that the minor is suffering or threatened

23  with suffering demonstrable significant mental or emotional

24  harm caused by a parental decision to deny or limit contact or

25  visitation between a minor and grandparent or

26  great-grandparent, which was not known to the grandparent or

27  great-grandparent at the time of filing an earlier action.

28         (12)  This section does not provide for visitation

29  rights for grandparents or great-grandparents of minors placed

30  for adoption under chapter 63 except as provided in s. 752.07

31  with respect to adoption by a stepparent.

                                  7

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






    Florida House of Representatives - 2002                  HB 55

    739-114-02






  1         (13)  Section 57.105 applies to actions brought under

  2  this chapter.

  3         Section 2.  Section 752.01, Florida Statutes, is

  4  repealed.

  5         Section 3.  Section 752.015, Florida Statutes, is

  6  amended to read:

  7         752.015  Mediation of visitation disputes.--It shall be

  8  the public policy of this state that families resolve

  9  differences over grandparent visitation within the family. It

10  shall be the further public policy of this state that when

11  families are unable to resolve differences relating to

12  grandparent visitation that the family participate in any

13  formal or informal mediation services that may be available.

14  When families are unable to resolve differences relating to

15  grandparent visitation and a petition is filed pursuant to s.

16  752.011 752.01, the court shall, if such services are

17  available in the circuit, refer the case to family mediation

18  in accordance with rules promulgated by the Supreme Court.

19         Section 4.  Section 752.07, Florida Statutes, is

20  amended to read:

21         752.07  Effect of adoption of child by stepparent on

22  right of visitation; when right may be terminated.--When there

23  is a remarriage of one of the natural parents of a minor child

24  for whom visitation rights may be or may have been granted to

25  a grandparent pursuant to s. 752.011 752.01, any subsequent

26  adoption by the stepparent will not terminate any

27  grandparental rights. However, the court may determine that

28  termination of such visitation rights should be terminated

29  based upon the standards set forth in s. 752.011 for granting

30  such visitation is in the best interest of the child and rule

31

                                  8

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






    Florida House of Representatives - 2002                  HB 55

    739-114-02






  1  accordingly, after affording the grandparent an opportunity to

  2  be heard.

  3         Section 5.  Subsections (46) and (50) of section 39.01,

  4  Florida Statutes, are amended to read:

  5         39.01  Definitions.--When used in this chapter, unless

  6  the context otherwise requires:

  7         (46)  "Next of kin" means an adult relative of a child

  8  who is the child's brother, sister, grandparent,

  9  great-grandparent, aunt, uncle, or first cousin.

10         (50)  "Participant," for purposes of a shelter

11  proceeding, dependency proceeding, or termination of parental

12  rights proceeding, means any person who is not a party but who

13  should receive notice of hearings involving the child,

14  including foster parents or the legal custodian of the child,

15  identified prospective parents, grandparents or

16  great-grandparents entitled to priority for adoption

17  consideration under s. 63.0425, actual custodians of the

18  child, and any other person whose participation may be in the

19  best interest of the child. A community-based agency under

20  contract with the department to provide protective services

21  may be designated as a participant at the discretion of the

22  court. Participants may be granted leave by the court to be

23  heard without the necessity of filing a motion to intervene.

24         Section 6.  Section 39.509, Florida Statutes, is

25  amended to read:

26         39.509  Grandparents' and great-grandparents'

27  Grandparents rights.--Notwithstanding any other provision of

28  law, a maternal or paternal grandparent or great-grandparent

29  as well as a stepgrandparent or step-great-grandparent is

30  entitled to reasonable visitation with his or her grandchild

31  or great-grandchild who has been adjudicated a dependent child

                                  9

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






    Florida House of Representatives - 2002                  HB 55

    739-114-02






  1  and taken from the physical custody of the parent unless the

  2  court finds that such visitation is not in the best interest

  3  of the child or that such visitation would interfere with the

  4  goals of the case plan. Reasonable visitation may be

  5  unsupervised and, where appropriate and feasible, may be

  6  frequent and continuing.

  7         (1)  Grandparent or great-grandparent visitation may

  8  take place in the home of the grandparent or great-grandparent

  9  unless there is a compelling reason for denying such a

10  visitation. The department's caseworker shall arrange the

11  visitation to which a grandparent or great-grandparent is

12  entitled pursuant to this section.  The state shall not charge

13  a fee for any costs associated with arranging the visitation.

14  However, the grandparent or great-grandparent shall pay for

15  the child's cost of transportation when the visitation is to

16  take place in the grandparent's or great-grandparent's home.

17  The caseworker shall document the reasons for any decision to

18  restrict a grandparent's or great-grandparent's visitation.

19         (2)  A grandparent or great-grandparent entitled to

20  visitation pursuant to this section shall not be restricted

21  from appropriate displays of affection to the child, such as

22  appropriately hugging or kissing his or her grandchild or

23  great-grandchild.  Gifts, cards, and letters from the

24  grandparent or great-grandparent and other family members

25  shall not be denied to a child who has been adjudicated a

26  dependent child.

27         (3)  Any attempt by a grandparent or great-grandparent

28  to facilitate a meeting between the child who has been

29  adjudicated a dependent child and the child's parent or legal

30  custodian, or any other person in violation of a court order

31

                                  10

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






    Florida House of Representatives - 2002                  HB 55

    739-114-02






  1  shall automatically terminate future visitation rights of the

  2  grandparent or great-grandparent.

  3         (4)  When the child has been returned to the physical

  4  custody of his or her parent, the visitation rights granted

  5  pursuant to this section shall terminate.

  6         (5)  The termination of parental rights does not affect

  7  the rights of grandparents or great-grandparents unless the

  8  court finds that such visitation is not in the best interest

  9  of the child or that such visitation would interfere with the

10  goals of permanency planning for the child.

11         (6)  In determining whether grandparental or

12  great-grandparental visitation is not in the child's best

13  interest, consideration may be given to the finding of guilt,

14  regardless of adjudication, or entry or plea of guilty or nolo

15  contendere to charges under the following statutes, or similar

16  statutes of other jurisdictions:  s. 787.04, relating to

17  removing minors from the state or concealing minors contrary

18  to court order; s. 794.011, relating to sexual battery; s.

19  798.02, relating to lewd and lascivious behavior; chapter 800,

20  relating to lewdness and indecent exposure; or chapter 827,

21  relating to the abuse of children.  Consideration may also be

22  given to a report of abuse, abandonment, or neglect under ss.

23  415.101-415.113 or this chapter and the outcome of the

24  investigation concerning such report.

25         Section 7.  Paragraph (a) of subsection (3) of section

26  39.801, Florida Statutes, is amended to read:

27         39.801  Procedures and jurisdiction; notice; service of

28  process.--

29         (3)  Before the court may terminate parental rights, in

30  addition to the other requirements set forth in this part, the

31  following requirements must be met:

                                  11

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






    Florida House of Representatives - 2002                  HB 55

    739-114-02






  1         (a)  Notice of the date, time, and place of the

  2  advisory hearing for the petition to terminate parental rights

  3  and a copy of the petition must be personally served upon the

  4  following persons, specifically notifying them that a petition

  5  has been filed:

  6         1.  The parents of the child.

  7         2.  The legal custodians of the child.

  8         3.  If the parents who would be entitled to notice are

  9  dead or unknown, a living relative of the child, unless upon

10  diligent search and inquiry no such relative can be found.

11         4.  Any person who has physical custody of the child.

12         5.  Any grandparent or great-grandparent entitled to

13  priority for adoption under s. 63.0425.

14         6.  Any prospective parent who has been identified

15  under s. 39.503 or s. 39.803.

16         7.  The guardian ad litem for the child or the

17  representative of the guardian ad litem program, if the

18  program has been appointed.

19

20  The document containing the notice to respond or appear must

21  contain, in type at least as large as the type in the balance

22  of the document, the following or substantially similar

23  language:  "FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY

24  HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL

25  RIGHTS OF THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON

26  THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS

27  A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION

28  ATTACHED TO THIS NOTICE."

29         Section 8.  Paragraph (b) of subsection (2), paragraph

30  (c) of subsection (4), and subsections (6) and (7) of section

31  61.13, Florida Statutes, are amended to read:

                                  12

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






    Florida House of Representatives - 2002                  HB 55

    739-114-02






  1         61.13  Custody and support of children; visitation

  2  rights; power of court in making orders.--

  3         (2)

  4         (b)1.  The court shall determine all matters relating

  5  to custody of each minor child of the parties in accordance

  6  with the best interests of the child and in accordance with

  7  the Uniform Child Custody Jurisdiction Act. It is the public

  8  policy of this state to assure that each minor child has

  9  frequent and continuing contact with both parents after the

10  parents separate or the marriage of the parties is dissolved

11  and to encourage parents to share the rights and

12  responsibilities, and joys, of childrearing. After considering

13  all relevant facts, the father of the child shall be given the

14  same consideration as the mother in determining the primary

15  residence of a child irrespective of the age or sex of the

16  child.

17         2.  The court shall order that the parental

18  responsibility for a minor child be shared by both parents

19  unless the court finds that shared parental responsibility

20  would be detrimental to the child. Evidence that a parent has

21  been convicted of a felony of the third degree or higher

22  involving domestic violence, as defined in s. 741.28 and

23  chapter 775, or meets the criteria of s. 39.806(1)(d), creates

24  a rebuttable presumption of detriment to the child. If the

25  presumption is not rebutted, shared parental responsibility,

26  including visitation, residence of the child, and decisions

27  made regarding the child, may not be granted to the convicted

28  parent. However, the convicted parent is not relieved of any

29  obligation to provide financial support. If the court

30  determines that shared parental responsibility would be

31  detrimental to the child, it may order sole parental

                                  13

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






    Florida House of Representatives - 2002                  HB 55

    739-114-02






  1  responsibility and make such arrangements for visitation as

  2  will best protect the child or abused spouse from further

  3  harm. Whether or not there is a conviction of any offense of

  4  domestic violence or child abuse or the existence of an

  5  injunction for protection against domestic violence, the court

  6  shall consider evidence of domestic violence or child abuse as

  7  evidence of detriment to the child.

  8         a.  In ordering shared parental responsibility, the

  9  court may consider the expressed desires of the parents and

10  may grant to one party the ultimate responsibility over

11  specific aspects of the child's welfare or may divide those

12  responsibilities between the parties based on the best

13  interests of the child. Areas of responsibility may include

14  primary residence, education, medical and dental care, and any

15  other responsibilities that the court finds unique to a

16  particular family.

17         b.  The court shall order "sole parental

18  responsibility, with or without visitation rights, to the

19  other parent when it is in the best interests of" the minor

20  child.

21         c.  The court may award the grandparents or

22  great-grandparents visitation rights with a minor child

23  pursuant to the criteria set forth in s. 752.011 if it is in

24  the child's best interest. Grandparents or great-grandparents

25  have legal standing to seek judicial enforcement of such an

26  award. This section does not require that grandparents or

27  great-grandparents be made parties or given notice of

28  dissolution pleadings or proceedings, nor do grandparents or

29  great-grandparents have legal standing as "contestants" as

30  defined in s. 61.1306. However, if separate actions under this

31  section and s. 752.011 are pending concurrently, courts are

                                  14

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






    Florida House of Representatives - 2002                  HB 55

    739-114-02






  1  strongly encouraged to consolidate the actions in order to

  2  minimize the burden of litigation of visitation rights on the

  3  child. A court may not order that a child be kept within the

  4  state or jurisdiction of the court solely for the purpose of

  5  permitting visitation by the grandparents or

  6  great-grandparents.

  7         3.  Access to records and information pertaining to a

  8  minor child, including, but not limited to, medical, dental,

  9  and school records, may not be denied to a parent because the

10  parent is not the child's primary residential parent. Full

11  rights under this subparagraph apply to either parent unless a

12  court order specifically revokes these rights, including any

13  restrictions on these rights as provided in a domestic

14  violence injunction. A parent having rights under this

15  subparagraph has the same rights upon request as to form,

16  substance, and manner of access as are available to the other

17  parent of a child, including, without limitation, the right to

18  in-person communication with medical, dental, and education

19  providers.

20         (4)

21         (c)  When a custodial parent refuses to honor a

22  noncustodial parent's, or grandparent's, or

23  great-grandparent's visitation rights without proper cause,

24  the court shall, after calculating the amount of visitation

25  improperly denied, award the noncustodial parent, or

26  grandparent, or great-grandparent a sufficient amount of extra

27  visitation to compensate the noncustodial parent, or

28  grandparent, or great-grandparent, which visitation shall be

29  ordered as expeditiously as possible in a manner consistent

30  with the best interests of the child and scheduled in a manner

31  that is convenient for the person deprived of visitation. In

                                  15

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






    Florida House of Representatives - 2002                  HB 55

    739-114-02






  1  ordering any makeup visitation, the court shall schedule such

  2  visitation in a manner that is consistent with the best

  3  interests of the child or children and that is convenient for

  4  the noncustodial parent, or grandparent, or great-grandparent.

  5  In addition, the court:

  6         1.  May order the custodial parent to pay reasonable

  7  court costs and attorney's fees incurred by the noncustodial

  8  parent, or grandparent, or great-grandparent to enforce their

  9  visitation rights or make up improperly denied visitation;

10         2.  May order the custodial parent to attend the

11  parenting course approved by the judicial circuit;

12         3.  May order the custodial parent to do community

13  service if the order will not interfere with the welfare of

14  the child;

15         4.  May order the custodial parent to have the

16  financial burden of promoting frequent and continuing contact

17  when the custodial parent and child reside further than 60

18  miles from the noncustodial parent;

19         5.  May award custody, rotating custody, or primary

20  residence to the noncustodial parent, upon the request of the

21  noncustodial parent, if the award is in the best interests of

22  the child; or

23         6.  May impose any other reasonable sanction as a

24  result of noncompliance.

25         (d)  A person who violates this subsection may be

26  punished by contempt of court or other remedies as the court

27  deems appropriate.

28         (6)  In any proceeding under this section, the court

29  may not deny shared parental responsibility, custody, or

30  visitation rights to a parent, or grandparent, or

31  great-grandparent solely because that parent, or grandparent,

                                  16

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






    Florida House of Representatives - 2002                  HB 55

    739-114-02






  1  or great-grandparent is or is believed to be infected with

  2  human immunodeficiency virus; but the court may condition such

  3  rights upon the parent's, or grandparent's, or

  4  great-grandparent's agreement to observe measures approved by

  5  the Centers for Disease Control and Prevention of the United

  6  States Public Health Service or by the Department of Health

  7  for preventing the spread of human immunodeficiency virus to

  8  the child.

  9         (7)  In any case where the child is actually residing

10  with a grandparent or great-grandparent in a stable

11  relationship, whether or not the court has awarded custody to

12  the grandparent or great-grandparent or not, the court may

13  recognize the grandparent or great-grandparent grandparents as

14  having the same standing as parents for evaluating what

15  custody arrangements are in the best interest of the child.

16         Section 9.  Subsection (1) of section 63.0425, Florida

17  Statutes, is amended to read:

18         63.0425  Grandparent's or great-grandparent's right to

19  adopt.--

20         (1)  When a child who has lived with a grandparent or

21  great-grandparent for at least 6 months is placed for

22  adoption, the adoption entity handling the adoption shall

23  notify that grandparent or great-grandparent of the impending

24  adoption before the petition for adoption is filed. If the

25  grandparent or great-grandparent petitions the court to adopt

26  the child, the court shall give first priority for adoption to

27  that grandparent or great-grandparent.

28         Section 10.  Subsection (2) of section 63.172, Florida

29  Statutes, is amended to read:

30         63.172  Effect of judgment of adoption.--

31

                                  17

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






    Florida House of Representatives - 2002                  HB 55

    739-114-02






  1         (2)  If one or both parents  of a child die without the

  2  relationship of parent and child having been previously

  3  terminated and a spouse of the living parent or a close

  4  relative of the child thereafter adopts the child, the child's

  5  right of inheritance from or through the deceased parent is

  6  unaffected by the adoption and, unless the court orders

  7  otherwise, the adoption will not terminate any grandparental

  8  or great-grandparental rights delineated under chapter 752.

  9  For purposes of this subsection, a close relative of a child

10  is the child's brother, sister, grandparent,

11  great-grandparent, aunt, or uncle.

12         Section 11.  This act shall take effect July 1, 2002.

13

14            *****************************************

15                          HOUSE SUMMARY

16
      Provides for court-ordered visitation by grandparents or
17    great-grandparents in certain circumstances. Provides for
      appointment of a guardian ad litem and for family
18    mediation if the court makes a preliminary finding that
      the minor is threatened with demonstrable significant
19    mental or emotional harm in the absence of such
      visitation. Requires court-ordered evaluation of the
20    child if mediation fails. Provides for a hearing to
      determine whether the minor is threatened with
21    demonstrable significant mental or emotional harm.
      Provides criteria for such a determination. Provides for
22    awarding attorney's fees and costs. Applies the Uniform
      Child Custody Jurisdiction Act. Encourages consolidation
23    of legal actions under ss. 61.13 and 752.011, F.S.
      Includes references to great-grandparents in definitions
24    relating to dependent children. Provides for
      great-grandparents' visitation rights. Provides for a
25    great-grandparent's right to adopt. Provides for
      great-grandparents' visitation rights and standing with
26    regard to evaluating custody arrangements. Conforms cross
      references to changes made by the act.
27

28

29

30

31

                                  18

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