Senate Bill sb0118e1

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    CS for CS for SB 118                           First Engrossed



  1                      A bill to be entitled

  2         An act relating to temporary custody of a child

  3         by an extended family member; amending s.

  4         751.01, F.S.; removing provisions related to

  5         putative fathers; amending s. 751.011, F.S.;

  6         defining the term "extended family member";

  7         amending s. 751.02, F.S.; authorizing an

  8         extended family member to bring a proceeding in

  9         court to determine the temporary custody of a

10         child; amending s. 751.03, F.S.; specifying the

11         information that must be included in a petition

12         for temporary custody by an extended family

13         member; providing that only an extended family

14         member may file a petition for temporary

15         custody under ch. 751, F.S.; amending s.

16         751.05, F.S.; authorizing a court to redirect

17         child support payments to an extended family

18         member; requiring that, if possible, the court

19         order payment of arrearages; providing that

20         either or both of the child's parents may

21         petition the court to modify the order granting

22         temporary custody under certain circumstances;

23         providing an effective date.

24  

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

26  

27         Section 1.  Subsections (2) and (3) of section 751.01,

28  Florida Statutes, are amended to read:

29         751.01  Purpose of act.--The purposes of ss.

30  751.01-751.05 are to:

31  


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    CS for CS for SB 118                           First Engrossed



 1         (2)  Provide for the welfare of a minor child children

 2  who is are living with an extended family members, or who are

 3  being cared for by putative fathers whose paternity cannot be

 4  established given the absence of the mothers. At present, such

 5  family members are unable to give complete care to the child

 6  in their custody because they lack a legal document that

 7  explains and defines their relationship to the child, and they

 8  are unable effectively to consent to the care of the child

 9  children by third parties.

10         (3)  Provide temporary custody of a minor child to a

11  family member or putative father having physical custody of

12  the minor child to enable the custodian to:

13         (a)  Consent to all necessary and reasonable medical

14  and dental care for the child, including nonemergency surgery

15  and psychiatric care;

16         (b)  Secure copies of the child's records, held by

17  third parties, that are necessary to the care of the child,

18  including, but not limited to:

19         1.  Medical, dental, and psychiatric records;

20         2.  Birth certificates and other records; and

21         3.  Educational records;

22         (c)  Enroll the child in school and grant or withhold

23  consent for a child to be tested or placed in special school

24  programs, including exceptional education; and

25         (d)  Do all other things necessary for the care of the

26  child.

27         Section 2.  Subsection (1) of section 751.011, Florida

28  Statutes, is amended to read:

29         751.011  Definitions.--As used in ss. 751.01-751.05,

30  the term:

31         (1)  "Extended family member" is any person who is:


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    CS for CS for SB 118                           First Engrossed



 1         (a)  A relative within the third degree by blood or

 2  marriage to the parent; or

 3         (b)  The stepparent of a child if the stepparent is

 4  currently married to the parent of the child and is not

 5  engaged in a pending dissolution, separate maintenance,

 6  domestic violence, or other civil or criminal proceeding in

 7  any court of competent jurisdiction involving one or both of

 8  the child's parents as an adverse party family composed of the

 9  minor child and a relative of the child who is the child's

10  brother, sister, grandparent, aunt, uncle, or cousin.

11         Section 3.  Section 751.02, Florida Statutes, is

12  amended to read:

13         751.02  Determination of temporary custody proceedings;

14  jurisdiction.--The following individuals may bring proceedings

15  in the circuit court to determine the temporary custody of a

16  minor child:

17         (1)  Any extended family member relative of a minor

18  child who has the signed, notarized consent of the child's

19  legal parents;, or

20         (2)  Any extended family member who is caring full time

21  for the child in the role of a substitute parent and relative

22  of the child, including a putative father, with whom the child

23  is presently living, may bring proceedings in the circuit

24  court to determine the temporary custody of the child. A

25  putative father may bring a proceeding for temporary custody

26  only when he is unable to perfect personal service of process

27  upon the mother of the child.  When the putative father is

28  able to perfect personal service of process upon the mother of

29  the child, he must petition for custody and other relief,

30  including the establishment of his paternity of the child,

31  under chapter 742.


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    CS for CS for SB 118                           First Engrossed



 1         Section 4.  Section 751.03, Florida Statutes, is

 2  amended to read:

 3         751.03  Petition for temporary custody; contents.--Each

 4  Every petition for temporary custody of a minor child must be

 5  verified by the petitioner and must contain statements, to the

 6  best of petitioner's knowledge and belief, showing:

 7         (1)  The name, date of birth, and current address of

 8  the child;

 9         (2)  The names and current addresses of the child's

10  parents;

11         (3)  The names and current addresses of the persons

12  with whom the child has lived during the past 5 years;

13         (4)  The places where the child has lived during the

14  past 5 years;

15         (5)  Information concerning any custody proceeding in

16  this or any other state with respect to the child;

17         (6)  The residence and post office address of the

18  petitioner;

19         (7)  The petitioner's relationship to the child,

20  including the circumstances leading the petitioner to believe

21  he is the natural father of the child when the petitioner is

22  the putative father; and

23         (8)  The consent of the child's parents, or the

24  specific acts or omissions of the parents which demonstrate

25  that the parents have abused, abandoned, or neglected the

26  child as defined in chapter 39; the circumstances of the

27  child's current living situation with the petitioner.

28         (9)  Any temporary or permanent orders for child

29  support, the court entering the order, and the case number;

30         (10)  Any temporary or permanent order for protection

31  entered on behalf of or against either parent, the petitioner,


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    CS for CS for SB 118                           First Engrossed



 1  or the child; the court entering the order; and the case

 2  number;

 3         (11)  That it is in the best interest of the child for

 4  the petitioner to have custody of the child; and

 5         (12)(9)  A statement of the period of time the

 6  petitioner is requesting temporary custody, including a

 7  statement of the reasons supporting that request.

 8  

 9  Only an extended family member may file a petition under this

10  chapter.

11         Section 5.  Subsections (5) and (7) of section 751.05,

12  Florida Statutes, are amended to read:

13         751.05  Order granting temporary custody.--

14         (5)(a)  The order granting temporary custody of the

15  minor child to the petitioner may not include an order for the

16  support of the child unless the parent has received personal

17  or substituted service of process, the petition requests an

18  order for the support of the child, and there is evidence of

19  the parent's ability to pay the support ordered.

20         (b)  The order granting temporary custody may redirect

21  all or part of an existing child support obligation to be paid

22  to the extended family member who is granted temporary custody

23  of the child. If the court redirects an existing child support

24  obligation, the order granting temporary custody must include,

25  if possible, the determination of arrearages owed to the

26  obligee and the person awarded temporary custody and must

27  order payment of the arrearages. The clerk of the circuit

28  court in which the temporary custody order is entered shall

29  transmit a certified copy thereof to the court originally

30  entering the child support order. The temporary custody order

31  shall be recorded and filed in the original action in which


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    CS for CS for SB 118                           First Engrossed



 1  child support was determined and become a part thereof. A copy

 2  of the temporary custody order shall be filed with the

 3  depository that serves as the official recordkeeper for

 4  support payments due under the support order. The depository

 5  shall maintain separate accounts and separate account numbers

 6  for individual obligees.

 7         (7)  At any time, either or both of the child's parents

 8  may petition the court to modify or terminate the order

 9  granting temporary custody. The court shall terminate the

10  order upon a finding that the parent requesting the

11  termination of the order is a fit parent, or by consent of the

12  parties. The court may modify an order granting temporary

13  custody if the parties consent or if modification is in the

14  best interest of the child.

15         Section 6.  This act shall take effect July 1, 2006.

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