House Bill hb0775e1

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                                        CS/HB 775, First Engrossed



  1                      A bill to be entitled

  2         An act relating to adoption; amending ss.

  3         63.062, 63.085, 63.089, 63.142, and 63.182,

  4         F.S.; reducing the time period within which an

  5         action must be filed to nullify an adoption or

  6         a termination of parental rights on grounds of

  7         fraud or providing false information; providing

  8         a time limitation for the use of scientific

  9         testing to show a probability of paternity;

10         requiring notice to and written consent from a

11         registrant in the paternity registry for a

12         termination of parental rights pending

13         adoption; amending s. 63.088, F.S.; providing

14         court inquiry and diligent search requirements

15         regarding a registrant in the paternity

16         registry to terminate parental rights pending

17         adoption; amending s. 63.165, F.S.; requiring

18         the Department of Children and Family Services

19         to maintain a paternity registry within the

20         state registry of adoption information;

21         providing duties of registrants and the

22         department; providing a penalty; providing use

23         and admissibility of registry information;

24         providing for a fee; providing rulemaking

25         authority; providing applicability of the act;

26         creating s. 409.406, F.S.; enacting the

27         Interstate Compact on Adoption and Medical

28         Assistance; providing authority for the

29         Department of Children and Family Services to

30         enter into interstate agreements with other

31         participating states for medical and other


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                                        CS/HB 775, First Engrossed



  1         necessary services for special needs children;

  2         establishing procedures for interstate delivery

  3         of adoption assistance and related services and

  4         benefits; providing for the adoption of

  5         administrative rules; creating s. 409.407,

  6         F.S.; prohibiting expansion of Florida's

  7         financial commitment; providing effective

  8         dates.

  9

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

11

12         Section 1.  Paragraph (c) of subsection (1) of section

13  63.062, Florida Statutes, is amended, paragraph (h) is added

14  to said subsection, and subsection (2) of said section is

15  amended, to read:

16         63.062  Persons required to consent to adoption;

17  affidavit of nonpaternity; waiver of venue.--

18         (1)  Unless supported by one or more of the grounds

19  enumerated under s. 63.089(3), a petition to terminate

20  parental rights pending adoption may be granted only if

21  written consent has been executed as provided in s. 63.082

22  after the birth of the minor or notice has been served under

23  s. 63.088 to:

24         (c)  If there is no father as set forth in paragraph

25  (b), any man established to be the father of the child by

26  scientific tests that are generally acceptable within the

27  scientific community to show a probability of paternity.

28         (h)  Any man who has timely registered with the

29  paternity registry as the father of the child.

30         (2)  Any person whose consent is required under

31  paragraph (1)(c), or paragraph (1)(d) may execute an affidavit


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                                        CS/HB 775, First Engrossed



  1  of nonpaternity in lieu of a consent under this section and by

  2  doing so waives notice to all court proceedings after the date

  3  of execution. An affidavit of nonpaternity must be executed as

  4  provided in s. 63.082. The person executing the affidavit must

  5  receive disclosure under s. 63.085 prior to signing the

  6  affidavit.

  7         Section 2.  Subsection (1) of section 63.085, Florida

  8  Statutes, is amended to read:

  9         63.085  Disclosure by adoption entity.--

10         (1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE

11  ADOPTIVE PARENTS.--Not later than 7 days after a person

12  seeking to adopt a minor or a person seeking to place a minor

13  for adoption contacts an adoption entity in person or provides

14  the adoption entity with a mailing address, the entity must

15  provide a written disclosure statement to that person if the

16  entity agrees or continues to work with such person. If an

17  adoption entity is assisting in the effort to terminate the

18  parental rights of a parent who did not initiate the contact

19  with the adoption entity, the written disclosure must be

20  provided within 7 days after that parent is identified and

21  located. For purposes of providing the written disclosure, a

22  person is considered to be seeking to place a minor for

23  adoption when that person has sought information or advice

24  from the adoption entity regarding the option of adoptive

25  placement. The written disclosure statement must be in

26  substantially the following form:

27

28                       ADOPTION DISCLOSURE

29

30         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE

31         PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A


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                                        CS/HB 775, First Engrossed



  1         MINOR OR SEEKING TO PLACE A MINOR FOR ADOPTION,

  2         TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING

  3         ADOPTION UNDER FLORIDA LAW:

  4

  5              1.  Under section 63.102, Florida

  6         Statutes, the existence of a placement or

  7         adoption contract signed by the parent or

  8         prospective adoptive parent, prior approval of

  9         that contract by the court, or payment of any

10         expenses permitted under Florida law does not

11         obligate anyone to sign a consent or ultimately

12         place a minor for adoption.

13              2.  Under sections 63.092 and 63.125,

14         Florida Statutes, a favorable preliminary home

15         study, before the minor may be placed in that

16         home, and a final home investigation, before

17         the adoption becomes final, must be completed.

18              3.  Under section 63.082, Florida

19         Statutes, a consent to adoption or affidavit of

20         nonpaternity may not be signed until after the

21         birth of the minor.

22              4.  Under section 63.082, Florida

23         Statutes, if the minor is to be placed for

24         adoption with identified prospective adoptive

25         parents upon release from a licensed hospital

26         or birth center following birth, the consent to

27         adoption may not be signed until 48 hours after

28         birth or until the day the birth mother has

29         been notified in writing, either on her patient

30         chart or in release papers, that she is fit to

31         be released from the licensed hospital or birth


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                                        CS/HB 775, First Engrossed



  1         center, whichever is sooner. The consent to

  2         adoption or affidavit of nonpaternity is valid

  3         and binding upon execution unless the court

  4         finds it was obtained by fraud or under duress.

  5              5.  Under section 63.082, Florida

  6         Statutes, if the minor is not placed for

  7         adoption with the prospective adoptive parent

  8         upon release from the hospital or birth center

  9         following birth, a 3-day revocation period

10         applies during which consent may be withdrawn

11         for any reason by notifying the adoption entity

12         in writing. In order to withdraw consent, the

13         written withdrawal of consent must be mailed at

14         a United States Post Office no later than 3

15         business days after execution of the consent or

16         1 business day after the date of the birth

17         mother's discharge from a licensed hospital or

18         birth center, whichever occurs later. For

19         purposes of mailing the withdrawal of consent,

20         the term "business day" means any day on which

21         the United States Postal Service accepts

22         certified mail for delivery. The letter must be

23         sent by certified United States mail, return

24         receipt requested. Postal costs must be paid at

25         the time of mailing and the receipt should be

26         retained as proof that consent was withdrawn in

27         a timely manner.

28              6.  Under section 63.082, Florida

29         Statutes, and notwithstanding the revocation

30         period, the consent may be withdrawn at any

31         time prior to the placement of the child with


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                                        CS/HB 775, First Engrossed



  1         the prospective adoptive parent, by notifying

  2         the adoption entity in writing by certified

  3         United States mail, return receipt requested.

  4              7.  Under section 63.082, Florida

  5         Statutes, if an adoption entity timely receives

  6         written notice from a person of that person's

  7         desire to withdraw consent, the adoption entity

  8         must contact the prospective adoptive parent to

  9         arrange a time certain to regain physical

10         custody of the child. Absent a court order for

11         continued placement of the child entered under

12         section 63.082, Florida Statutes, the adoption

13         entity must return the minor within 3 days

14         after notification of the withdrawal of consent

15         to the physical custody of the person

16         withdrawing consent. After the revocation

17         period for withdrawal of consent ends, or after

18         the placement of the child with the prospective

19         adoptive parent, whichever occurs later, the

20         consent may be withdrawn only if the court

21         finds that the consent was obtained by fraud or

22         under duress.

23              8.  Under section 63.082, Florida

24         Statutes, an affidavit of nonpaternity, once

25         executed, may be withdrawn only if the court

26         finds that it was obtained by fraud or under

27         duress.

28              9.  Under section 63.082, Florida

29         Statutes, a person who signs a consent to

30         adoption or an affidavit of nonpaternity must

31         be given reasonable notice of his or her right


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                                        CS/HB 775, First Engrossed



  1         to select a person who does not have an

  2         employment, professional, or personal

  3         relationship with the adoption entity or the

  4         prospective adoptive parents to be present when

  5         the consent or affidavit is executed and to

  6         sign the consent or affidavit as a witness.

  7              10.  Under section 63.088, Florida

  8         Statutes, specific and extensive efforts are

  9         required by law to attempt to obtain the

10         consents required under section 63.062, Florida

11         Statutes. If these efforts are unsuccessful,

12         the court may not enter a judgment terminating

13         parental rights pending adoption until certain

14         requirements have been met.

15              11.  Under Florida law, an intermediary

16         may represent the legal interests of only the

17         prospective adoptive parents. Each person whose

18         consent to an adoption is required under

19         section 63.062, Florida Statutes, is entitled

20         to seek independent legal advice and

21         representation before signing any document or

22         surrendering parental rights.

23              12.  Under section 63.182, Florida

24         Statutes, an action or proceeding of any kind

25         to vacate, set aside, or otherwise nullify a

26         judgment of adoption or an underlying judgment

27         terminating parental rights pending adoption,

28         on any ground, including duress but excluding

29         fraud, must be filed within 1 year after entry

30         of the judgment terminating parental rights

31         pending adoption. Such an action or proceeding


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                                        CS/HB 775, First Engrossed



  1         for fraud must be filed within 2 years after

  2         entry of the judgment terminating parental

  3         rights.

  4              13.  Under section 63.089, Florida

  5         Statutes, a judgment terminating parental

  6         rights pending adoption is voidable and any

  7         later judgment of adoption of that minor is

  8         voidable if, upon the motion of a parent, the

  9         court finds that any person knowingly gave

10         false information that prevented the parent

11         from timely making known his or her desire to

12         assume parental responsibilities toward the

13         minor or to exercise his or her parental

14         rights. The motion must be filed with the court

15         that originally entered the judgment. The

16         motion must be filed within a reasonable time,

17         but not later than 1 year 2 years after the

18         date the judgment to which the motion is

19         directed was entered.

20              14.  Under section 63.165, Florida

21         Statutes, the State of Florida maintains a

22         registry of adoption information which includes

23         a paternity registry. Information about the

24         registry is available from the Department of

25         Children and Family Services.

26              15.  Under section 63.032, Florida

27         Statutes, a court may find that a parent has

28         abandoned his or her child based on conduct

29         during the pregnancy or based on conduct after

30         the child is born. In addition, under section

31         63.089, Florida Statutes, the failure of a


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                                        CS/HB 775, First Engrossed



  1         parent to respond to notices of proceedings

  2         involving his or her child shall result in

  3         termination of parental rights of a parent. A

  4         lawyer can explain what a parent must do to

  5         protect his or her parental rights. Any parent

  6         wishing to protect his or her parental rights

  7         should act IMMEDIATELY.

  8              16.  Each parent and prospective adoptive

  9         parent is entitled to independent legal advice

10         and representation. Attorney information may be

11         obtained from the yellow pages, The Florida

12         Bar's lawyer referral service, and local legal

13         aid offices and bar associations.

14              17.  Counseling services may be helpful

15         while making a parenting decision. Consult the

16         yellow pages of the telephone directory.

17              18.  Medical and social services support

18         is available if the parent wishes to retain

19         parental rights and responsibilities. Consult

20         the Department of Children and Family Services.

21              19.  Under section 63.039, Florida

22         Statutes, an adoption entity has certain legal

23         responsibilities and may be liable for damages

24         to persons whose consent to an adoption is

25         required or to prospective adoptive parents for

26         failing to materially meet those

27         responsibilities. Damages may also be recovered

28         from an adoption entity if a consent to

29         adoption or affidavit of nonpaternity is

30         obtained by fraud or under duress attributable

31         to an adoption entity.


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                                        CS/HB 775, First Engrossed



  1              20.  Under section 63.097, Florida

  2         Statutes, reasonable living expenses of the

  3         birth mother may be paid by the prospective

  4         adoptive parents and the adoption entity only

  5         if the birth mother is unable to pay due to

  6         unemployment, underemployment, or disability.

  7         The law also allows payment of reasonable and

  8         necessary medical expenses, expenses necessary

  9         to comply with the requirements of chapter 63,

10         Florida Statutes, court filing expenses, and

11         costs associated with advertising. Certain

12         documented legal, counseling, and other

13         professional fees may be paid. Prior approval

14         of the court is not required until the

15         cumulative total of amounts permitted exceeds

16         $2,500 in legal or other fees, $500 in court

17         costs, $3,000 in expenses, or $1,500 in

18         cumulative expenses incurred prior to the date

19         the prospective adoptive parent retains the

20         adoption entity. The following fees, costs, and

21         expenses are prohibited:

22              a.  Any fee or expense that constitutes

23         payment for locating a minor for adoption.

24              b.  Any lump-sum payment to the entity

25         which is nonrefundable directly to the payor or

26         which is not itemized on the affidavit.

27              c.  Any fee on the affidavit which does

28         not specify the service that was provided and

29         for which the fee is being charged, such as a

30         fee for facilitation or acquisition.

31


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                                        CS/HB 775, First Engrossed



  1         The court may reduce amounts charged or refund

  2         amounts that have been paid if it finds that

  3         these amounts were more than what was

  4         reasonable or allowed under the law.

  5              21.  Under section 63.132, Florida

  6         Statutes, the adoption entity and the

  7         prospective adoptive parents must sign and file

  8         with the court a written statement under oath

  9         listing all the fees, expenses, and costs made,

10         or agreed to be made, by or on behalf of the

11         prospective adoptive parents and any adoption

12         entity in connection with the adoption. The

13         affidavit must state whether any of the

14         expenses were eligible to be paid for by any

15         other source.

16              22.  Under section 63.132, Florida

17         Statutes, the court order approving the money

18         spent on the adoption must be separate from the

19         judgment making the adoption final. The court

20         may approve only certain costs and expenses

21         allowed under section 63.097, Florida Statutes.

22         The court may approve only fees that are

23         allowed under law and that it finds to be

24         "reasonable." A good idea of what is and is not

25         allowed to be paid for in an adoption can be

26         determined by reading sections 63.097 and

27         63.132, Florida Statutes.

28         Section 3.  Paragraphs (f) and (g) of subsection (3) of

29  section 63.088, Florida Statutes, are amended, paragraph (h)

30  is added to said subsection, paragraphs (n) and (o) of

31


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                                        CS/HB 775, First Engrossed



  1  subsection (4) are amended, and paragraph (p) is added to

  2  subsection (4) of said section, to read:

  3         63.088  Proceeding to terminate parental rights pending

  4  adoption; notice and service; diligent search.--

  5         (3)  REQUIRED INQUIRY.--In proceedings initiated under

  6  s. 63.087, the court must conduct an inquiry of the person who

  7  is placing the minor for adoption and of any relative or

  8  person having legal custody of the minor who is present at the

  9  hearing and likely to have the following information regarding

10  the identity of:

11         (f)  Any person who has acknowledged or claimed

12  paternity of the minor; and

13         (g)  Any person the mother has reason to believe may be

14  the father; and.

15         (h)  Any person who has registered with the paternity

16  registry as the father of the child.

17

18  The information required under this subsection may be provided

19  to the court in the form of a sworn affidavit by a person

20  having personal knowledge of the facts, addressing each

21  inquiry enumerated in this subsection, except that, if the

22  inquiry identifies a father under paragraph (a) or paragraph

23  (b), the inquiry shall not continue further. The inquiry

24  required under this subsection may be conducted before the

25  birth of the minor.

26         (4)  LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry

27  by the court under subsection (3) identifies any person whose

28  consent to adoption is required under s. 63.062 and who has

29  not executed a consent to adoption or an affidavit of

30  nonpaternity, and the location of the person from whom consent

31  is required is unknown, the adoption entity must conduct a


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                                        CS/HB 775, First Engrossed



  1  diligent search for that person which must include inquiries

  2  concerning:

  3         (n)  Search of one Internet databank locator service;

  4  and

  5         (o)  Information held by all medical providers who

  6  rendered medical treatment or care to the birth mother and

  7  child, including the identity and location information of all

  8  persons listed by the mother as being financially responsible

  9  for the uninsured expenses of treatment or care and all

10  persons who made any such payments; and.

11         (p)  The paternity registry pursuant to s. 63.165.

12

13  Any person contacted by a petitioner or adoption entity who is

14  requesting information pursuant to this subsection must

15  release the requested information to the petitioner or

16  adoption entity, except when prohibited by law, without the

17  necessity of a subpoena or court order. An affidavit of

18  diligent search executed by the petitioner and the adoption

19  entity must be filed with the court confirming completion of

20  each aspect of the diligent search enumerated in this

21  subsection and specifying the results. The diligent search

22  required under this subsection may be conducted before the

23  birth of the minor.

24         Section 4.  Paragraphs (a) and (c) of subsection (7) of

25  section 63.089, Florida Statutes, are amended to read:

26         63.089  Proceeding to terminate parental rights pending

27  adoption; hearing; grounds; dismissal of petition; judgment.--

28         (7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL

29  RIGHTS.--

30         (a)  A judgment terminating parental rights pending

31  adoption is voidable and any later judgment of adoption of


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                                        CS/HB 775, First Engrossed



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

  2  court finds that a person knowingly gave false information

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

  4  desire to assume parental responsibilities toward the minor or

  5  meeting the requirements under this chapter to exercise his or

  6  her parental rights. A motion under this subsection must be

  7  filed with the court originally entering the judgment. The

  8  motion must be filed within a reasonable time, but not later

  9  than 1 year 2 years after the entry of the judgment

10  terminating parental rights.

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

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

13  scientific testing to determine the paternity of the minor if

14  the person seeking to set aside the judgment is alleging to be

15  the child's father and that fact has not previously been

16  determined by legitimacy or scientific testing. The court may

17  not order such testing, nor are the results of any such test

18  admissible, after the time period specified by s. 63.182. The

19  court may order supervised visitation with a person for whom

20  scientific testing for paternity has been ordered. Such

21  visitation shall be conditioned upon the filing of those test

22  results with the court and such results establishing that

23  person's paternity of the minor.

24         Section 5.  Paragraphs (a) and (c) of subsection (4) of

25  section 63.142, Florida Statutes, are amended to read:

26         63.142  Hearing; judgment of adoption.--

27         (4)  JUDGMENT.--At the conclusion of the hearing, after

28  the court determines that the date for a parent to file an

29  appeal of a valid judgment terminating that parent's parental

30  rights has passed and no appeal, pursuant to the Florida Rules

31  of Appellate Procedure, is pending and that the adoption is in


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                                        CS/HB 775, First Engrossed



  1  the best interest of the person to be adopted, a judgment of

  2  adoption shall be entered.

  3         (a)  A judgment terminating parental rights pending

  4  adoption is voidable and any later judgment of adoption of

  5  that minor is voidable if, upon a motion to set aside of a

  6  parent, the court finds that any person knowingly gave false

  7  information that prevented the parent from timely making known

  8  his or her desire to assume parental responsibilities toward

  9  the minor or meeting the requirements under this chapter to

10  exercise his or her parental rights. A motion under this

11  paragraph must be filed with the court that entered the

12  original judgment. The motion must be filed within a

13  reasonable time, but not later than 1 year 2 years after the

14  date the judgment terminating parental rights was entered.

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

16  motion of any party or its own motion, may order scientific

17  testing to determine the paternity of the minor if the person

18  seeking to set aside the judgment is alleging to be the

19  child's father and that fact has not previously been

20  determined by legitimacy or scientific testing. The court may

21  not order such testing, nor are the results of any such test

22  admissible, after the time period specified by s. 63.182. The

23  court may order supervised visitation with a person for whom

24  scientific testing for paternity has been ordered. Such

25  visitation shall be conditioned upon the filing of those test

26  results with the court and such results establishing that

27  person's paternity of the minor.

28         Section 6.  Section 63.165, Florida Statutes, is

29  amended to read:

30         63.165  State registry of adoption information; duty to

31  inform and explain; paternity registry.--


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                                        CS/HB 775, First Engrossed



  1         (1)  STATE REGISTRY OF ADOPTION

  2  INFORMATION.--Notwithstanding any other law to the contrary,

  3  the department shall maintain a registry with the last known

  4  names and addresses of an adoptee and his or her parents whose

  5  consent was required under s. 63.062, and adoptive parents and

  6  any other identifying information that the adoptee, parents

  7  whose consent was required under s. 63.062, or adoptive

  8  parents desire to include in the registry. The department

  9  shall maintain the registry records for the time required by

10  rules adopted by the department in accordance with this

11  chapter or for 99 years, whichever period is greater. The

12  registry shall be open with respect to all adoptions in the

13  state, regardless of when they took place. The registry shall

14  be available for those persons choosing to enter information

15  therein, but no one shall be required to do so.

16         (a)(1)  Anyone seeking to enter, change, or use

17  information in the registry, or any agent of such person,

18  shall present verification of his or her identity and, if

19  applicable, his or her authority.  A person who enters

20  information in the registry shall be required to indicate

21  clearly the persons to whom he or she is consenting to release

22  this information, which persons shall be limited to the

23  adoptee and the birth mother, father whose consent was

24  required under s. 63.062, adoptive mother, adoptive father,

25  birth siblings, and maternal and paternal birth grandparents

26  of the adoptee.  Except as provided in this section,

27  information in the registry is confidential and exempt from s.

28  119.07(1). Consent to the release of this information may be

29  made in the case of a minor adoptee by his or her adoptive

30  parents or by the court after a showing of good cause.  At any

31  time, any person may withdraw, limit, or otherwise restrict


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                                        CS/HB 775, First Engrossed



  1  consent to release information by notifying the department in

  2  writing.

  3         (b)(2)  The department may charge a reasonable fee to

  4  any person seeking to enter, change, or use information in the

  5  registry.  The department shall deposit such fees in a trust

  6  fund to be used by the department only for the efficient

  7  administration of this section. The department and agencies

  8  shall make counseling available for a fee to all persons

  9  seeking to use the registry, and the department shall inform

10  all affected persons of the availability of such counseling.

11         (c)(3)  The adoption entity must inform the parents

12  before parental rights are terminated, and the adoptive

13  parents before placement, in writing, of the existence and

14  purpose of the registry established under this section, but

15  failure to do so does not affect the validity of any

16  proceeding under this chapter.

17         (2)  PATERNITY REGISTRY.--Within the state registry of

18  adoption information, the department shall maintain a

19  paternity registry.

20         (a)  A man is not required to register with the

21  paternity registry if: 

22         1.  The minor was conceived or born while he was

23  married to the mother;

24         2.  The minor is his child by adoption; or

25         3.  The minor has been established by court proceeding

26  to be his child.

27         4.  The minor has been established to be his child by

28  scientific tests that are generally acceptable within the

29  scientific community to show a probability of paternity.

30         (b)  The paternity registry does not relieve the mother

31  of the obligation to identify the known father.


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                                        CS/HB 775, First Engrossed



  1         (c)  A man registering with the paternity registry

  2  shall provide the paternity registry with the following

  3  information in writing:

  4         1.  The name and the last known address of the mother

  5  of the minor.

  6         2.  The name of the minor, and the location and date of

  7  birth of the minor, if known, or the probable month and year

  8  of the expected birth of the minor.

  9         3.  The man's name, address, and driver's license

10  number, or state identification card.

11         4.  A statement in which the man claims to be the

12  father of the named minor.

13

14  A man who registers with the paternity registry shall promptly

15  notify the department in writing of any change in the required

16  information. A person who knowingly provides false information

17  to the paternity registry commits a misdemeanor of the second

18  degree and is subject to the provisions of s. 63.212(2).

19         (d)  Except as provided in paragraph (a), a man who

20  claims to be the father of a minor shall register with the

21  paternity registry.  Registration may be accepted by the

22  department before the birth of the child, but may not be

23  accepted by the department after the 30th day after the date

24  of birth of the minor.  A man who is required to consent

25  pursuant to s. 63.062 and who has registered with the

26  paternity registry is entitled to receive notice of the

27  petition and hearing to terminate parental rights pending

28  adoption, as required by s. 63.088.

29         1.  A person who has sexual intercourse with a person

30  of the opposite sex is deemed to have knowledge that sexual

31  intercourse can result in a woman's pregnancy.


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                                        CS/HB 775, First Engrossed



  1         2.  Ignorance of a pregnancy is not a sufficient reason

  2  for failing to register with the paternity registry.

  3         (e)  Except as provided in s. 63.062(1)(b)-(f), and

  4  provided that any diligent search required by s. 63.088 has

  5  been completed, any man who fails to register with the

  6  paternity registry by the 30th day after the date of birth of

  7  the minor may not assert an interest in the minor except for

  8  an action pursuant to s. 63.089(7).

  9         (f)  Upon request, the department shall furnish a

10  certificate attesting to the results of a search of the

11  paternity registry to:

12         1.  A court;

13         2.  The birth mother; or

14         3.  An adoption entity.

15         (g)  If a court determines that a registrant is not the

16  father of the minor, the court shall order the department to

17  remove the registrant's name from the paternity registry.

18         (h)1.  The department may not charge a fee for the

19  registration in the paternity registry.

20         2.  The department may charge a reasonable fee for

21  processing a search of the paternity registry pursuant to

22  paragraph (f). The department shall deposit such fees in a

23  trust fund to be used by the department only for the efficient

24  administration of this section.

25         (i)  Information maintained by the paternity registry

26  is admissible in a proceeding in a court or administrative

27  tribunal of this state for any purpose.

28         (j)  The department shall:

29         1.  Produce and distribute a pamphlet or publication

30  informing the public about the paternity registry, including

31  the procedures, the consequences, and the address of the


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                                        CS/HB 775, First Engrossed



  1  paternity registry.  Such pamphlet or publication shall be

  2  made available for distribution at all offices of the

  3  department and the Department of Health.  The department shall

  4  also provide such pamphlets or publications to hospitals,

  5  libraries, medical clinics, schools, universities, and county,

  6  state, and federal jails and prisons, and other providers of

  7  child-related services, upon request.

  8         2.  Provide information to the public at large through

  9  general public service announcements, or in other ways deliver

10  information to the public about the paternity registry.

11         (3)  RULES.--The department has authority to adopt

12  rules to implement this section.

13         Section 7.  Section 63.182, Florida Statutes, is

14  amended to read:

15         63.182  Statute of repose.--Notwithstanding s. 95.031

16  or s. 95.11 or any other statute,:

17         (1)  an action or proceeding of any kind to vacate, set

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

19  underlying judgment terminating parental rights on any ground,

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

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

22  parental rights.

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

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

25  underlying judgment terminating parental rights on grounds of

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

27  of the judgment terminating parental rights.

28         Section 8.  Any petition for adoption filed before the

29  effective date of this act shall be governed by the law in

30  effect at the time the petition was filed.

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                                        CS/HB 775, First Engrossed



  1         Section 9.  Effective July 1, 2002, section 409.406,

  2  Florida Statutes, is created to read:

  3         409.406  Interstate Compact on Adoption and Medical

  4  Assistance.--The Interstate Compact on Adoption and Medical

  5  Assistance is enacted into law and entered into with all other

  6  jurisdictions legally joining therein in form substantially as

  7  follows:

  8         INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE

  9                       ARTICLE I.  Findings

10  The Legislature finds that:

11         (a)  Special measures are required to find adoptive

12  families for children for whom state assistance is desirable

13  pursuant to s. 409.166 and to assure the protection of the

14  interest of the children affected during the entire assistance

15  period when the adoptive parents move to other states or are

16  residents of another state.

17         (b)  The providers of medical and other necessary

18  services for children, with state assistance, encounter

19  special difficulties when the provision of services takes

20  place in other states.

21                      ARTICLE II.  Purposes

22  The purposes of the act are to:

23         (a)  Authorize the Department of Children and Family

24  Services to enter into interstate agreements with agencies of

25  other states to protect children for whom adoption assistance

26  is provided by the Department of Children and Family Services.

27         (b)  Provide procedures for interstate children's

28  adoption assistance payments, including medical payments.

29                    ARTICLE III.  Definitions

30  As used in this compact, the term:

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                                        CS/HB 775, First Engrossed



  1         (a)  "Agency" means the Agency for Health Care

  2  Administration.

  3         (b)  "Department" means the Florida Department of

  4  Children and Family Services.

  5         (c)  "State" means a state of the United States, the

  6  District of Columbia, the Commonwealth of Puerto Rico, the

  7  United States Virgin Islands, Guam, the Commonwealth of the

  8  Northern Mariana Islands, or a territory or possession of or

  9  administered by the United States.

10         (d)  "Adoption assistance state" means the state that

11  is signatory to an adoption assistance agreement in a

12  particular case.

13         (e)  "Residence state" means the state where the child

14  resides.

15         (f)  "Medical assistance" means the medical assistance

16  program authorized by Title XIX of the Social Security Act.

17                 ARTICLE IV.  Compacts Authorized

18  The Department of Children and Family Services, by and through

19  its secretary, may participate in the development of and

20  negotiate and enter into interstate compacts on behalf of this

21  state with other states to implement the purposes of this act.

22  Such a compact has the force and effect of law.

23                 ARTICLE V.  Contents of Compacts

24  A compact entered into under this act must have the following

25  content:

26         (a)  A provision making it available for joinder by all

27  states;

28         (b)  A provision for withdrawal from the compact upon

29  written notice to the parties, but with a period of 1 year

30  between the date of the notice and the effective date of the

31  withdrawal;


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                                        CS/HB 775, First Engrossed



  1         (c)  A requirement that the protections afforded under

  2  the compact continue in force for the duration of the adoption

  3  assistance and are applicable to all children and their

  4  adoptive parents who, on the effective date of the withdrawal,

  5  are receiving adoption assistance from a party state other

  6  than the one in which they are residents and have their

  7  principal place of abode;

  8         (d)  A requirement that each instance of adoption

  9  assistance to which the compact applies be covered by an

10  adoption assistance agreement in writing between the adoptive

11  parents and the state child welfare agency of the state which

12  undertakes to provide the adoption assistance, and further,

13  that any such agreement be expressly for the benefit of the

14  adopted child and enforceable by the adoptive parents and the

15  state agency providing the adoption assistance; and

16         (e)  Such other provisions as are appropriate to the

17  proper administration of the compact.

18            ARTICLE VI.  Optional Contents of Compacts

19  A compact entered into under this section may contain

20  provisions in addition to those required pursuant to Article

21  V, as follows:

22         (a)  Provisions establishing procedures and entitlement

23  to medical and other necessary social services for the child

24  in accordance with applicable laws, even though the child and

25  the adoptive parents are in a state other than the one

26  responsible for or providing the services or the funds to

27  defray part or all of the costs thereof; and

28         (b)  Such other provisions as are appropriate or

29  incidental to the proper administration of the compact.

30                 ARTICLE VII.  Medical Assistance

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                                        CS/HB 775, First Engrossed



  1         (a)  A child with special needs who is a resident of

  2  this state and who is the subject of an adoption assistance

  3  agreement with another state is entitled to receive a medical

  4  assistance identification from this state upon the filing with

  5  the agency of a certified copy of the adoption assistance

  6  agreement obtained from the adoption assistance state.

  7  Pursuant to rules of the agency, the adoptive parents shall at

  8  least annually show that the agreement is still in force or

  9  has been renewed.

10         (b)  The terms of the compact entered into by the

11  department apply to children who are the subject of federal

12  adoption assistance agreements. The state will provide the

13  benefits under this section to children who are the subject of

14  a state adoption assistance agreement, pursuant to the

15  determination by the department and the agency that the

16  adoption assistance state is a party to the compact and has

17  reciprocity in the provision of medical assistance to such

18  children.

19         (c)  The agency shall consider the holder of a medical

20  assistance identification pursuant to this section as any

21  other holder of a medical assistance identification under the

22  laws of this state and shall process and make payment on

23  claims on behalf of such holder in the same manner and under

24  the same conditions and procedures established for other

25  recipients of medical assistance.

26         (d)  The provisions of this article apply only to

27  medical assistance for children under adoption assistance

28  agreements from states that have entered into a compact with

29  this state under which the other state provided medical

30  assistance to children with special needs under adoption

31  assistance agreements made by this state. All other children


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                                        CS/HB 775, First Engrossed



  1  entitled to medical assistance pursuant to an adoption

  2  assistance agreement entered into by this state are eligible

  3  to receive such assistance under the laws and procedures

  4  applicable thereto.

  5         (e)  The department shall adopt administrative rules

  6  necessary for administering this section.

  7               ARTICLE VIII.  Federal Participation

  8  Consistent with federal law, the department and the agency, in

  9  administering the provisions of this act and any compact

10  pursuant hereto, must include in any state plan made pursuant

11  to the Adoption Assistance and Child Welfare Act of 1980 (Pub.

12  L. No. 96-272), Titles IV(E) and XIX of the Social Security

13  Act, and any other applicable federal laws, the provision of

14  adoption assistance and medical assistance for which the

15  Federal Government pays some or all of the cost. The

16  department and the agency shall apply for and administer all

17  relevant federal aid in accordance with law.

18         Section 10.  Effective July 1, 2002, section 409.407,

19  Florida Statutes, is created to read:

20         409.407  Interstate agreements between the Department

21  of Children and Family Services and agencies of other

22  states.--The Department of Children and Family Services, which

23  is authorized to enter into interstate agreements with

24  agencies of other states for the implementation of the

25  purposes of the Interstate Compact on Adoption and Medical

26  Assistance pursuant to s. 409.406, shall not expand the

27  financial commitment of Florida beyond the financial

28  obligation of the adoption assistance agreements and Medicaid.

29         Section 11.  Except as otherwise provided herein, this

30  act shall take effect October 1, 2002.

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