Senate Bill sb0118e2

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    CS for CS for SB 118                          Second 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         removing the definition of the term "putative

  8         father"; amending s. 751.02, F.S.; authorizing

  9         an extended family member to bring a proceeding

10         in court to determine the temporary custody of

11         a child; amending s. 751.03, F.S.; specifying

12         the information that must be included in a

13         petition for temporary custody by an extended

14         family member; providing that only an extended

15         family member may file a petition for temporary

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

17         751.05, F.S.; authorizing a court to redirect

18         child support payments to an extended family

19         member; requiring that, if possible, the court

20         order payment of arrearages; removing reference

21         to an order granting temporary custody of a

22         minor child to a putative father; providing

23         that either or both of the child's parents may

24         petition the court to modify the order granting

25         temporary custody under certain circumstances;

26         providing an effective date.

27  

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

29  

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

31  Florida Statutes, are amended to read:


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    CS for CS for SB 118                          Second Engrossed



 1         751.01  Purpose of act.--The purposes of ss.

 2  751.01-751.05 are to:

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

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

 5  being cared for by putative fathers whose paternity cannot be

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

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

 8  in their custody because they lack a legal document that

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

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

11  children by third parties.

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

13  family member or putative father having physical custody of

14  the minor child to enable the custodian to:

15         (a)  Consent to all necessary and reasonable medical

16  and dental care for the child, including nonemergency surgery

17  and psychiatric care;

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

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

20  including, but not limited to:

21         1.  Medical, dental, and psychiatric records;

22         2.  Birth certificates and other records; and

23         3.  Educational records;

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

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

26  programs, including exceptional education; and

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

28  child.

29         Section 2.  Section 751.011, Florida Statutes, is

30  amended to read:

31  


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    CS for CS for SB 118                          Second Engrossed



 1         751.011  Definitions.--As used in ss. 751.01-751.05,

 2  the term:

 3         (1)  "extended family member" is any person who is:

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

 5  marriage to the parent; or

 6         (2)  The stepparent of a child if the stepparent is

 7  currently married to the parent of the child and is not a

 8  party in a pending dissolution, separate maintenance, domestic

 9  violence, or other civil or criminal proceeding in any court

10  of competent jurisdiction involving one or both of the child's

11  parents as an adverse party family composed of the minor child

12  and a relative of the child who is the child's brother,

13  sister, grandparent, aunt, uncle, or cousin.

14         (2)  "Putative father" is a man who reasonably believes

15  himself to be the biological father of the minor child, but

16  who is unable to prove his paternity due to the absence of the

17  mother of the child.

18         Section 3.  Section 751.02, Florida Statutes, is

19  amended to read:

20         751.02  Determination of temporary custody proceedings;

21  jurisdiction.--The following individuals may bring proceedings

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

23  minor child:

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

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

26  legal parents;, or

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

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

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

30  is presently living, may bring proceedings in the circuit

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


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    CS for CS for SB 118                          Second Engrossed



 1  putative father may bring a proceeding for temporary custody

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

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

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

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

 6  including the establishment of his paternity of the child,

 7  under chapter 742.

 8         Section 4.  Section 751.03, Florida Statutes, is

 9  amended to read:

10         751.03  Petition for temporary custody; contents.--Each

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

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

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

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

15  the child;

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

17  parents;

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

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

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

21  past 5 years;

22         (5)  Information concerning any custody proceeding in

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

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

25  petitioner;

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

27  including the circumstances leading the petitioner to believe

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

29  the putative father; and

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

31  specific acts or omissions of the parents which demonstrate


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    CS for CS for SB 118                          Second Engrossed



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

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

 3  child's current living situation with the petitioner.

 4         (9)  Any temporary or permanent orders for child

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

 6         (10)  Any temporary or permanent order for protection

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

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

 9  number;

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

11  the petitioner to have custody of the child; and

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

13  petitioner is requesting temporary custody, including a

14  statement of the reasons supporting that request.

15  

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

17  chapter.

18         Section 5.  Subsections (5), (6), and (7) of section

19  751.05, Florida Statutes, are amended to read:

20         751.05  Order granting temporary custody.--

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

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

23  support of the child unless the parent has received personal

24  or substituted service of process, the petition requests an

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

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

27         (b)  The order granting temporary custody may redirect

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

29  to the extended family member who is granted temporary custody

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

31  obligation, the order granting temporary custody must include,


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    CS for CS for SB 118                          Second Engrossed



 1  if possible, the determination of arrearages owed to the

 2  obligee and the person awarded temporary custody and must

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

 4  court in which the temporary custody order is entered shall

 5  transmit a certified copy thereof to the court originally

 6  entering the child support order. The temporary custody order

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

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

 9  of the temporary custody order shall be filed with the

10  depository that serves as the official recordkeeper for

11  support payments due under the support order. The depository

12  shall maintain separate accounts and separate account numbers

13  for individual obligees.

14         (6)  The order granting temporary custody of a minor

15  child to a putative father must not include a determination of

16  the paternity of the child.

17         (6)(7)  At any time, either or both of the child's

18  parents may petition the court to modify or terminate the

19  order granting temporary custody. The court shall terminate

20  the order upon a finding that the parent requesting the

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

22  parties. The court may modify an order granting temporary

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

24  best interest of the child.

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

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