Senate Bill sb0160

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    Florida Senate - 2006        (Corrected Copy)           SB 160

    By Senator Lynn





    7-86-06

  1                      A bill to be entitled

  2         An act relating to termination of parental

  3         rights; amending s. 39.806, F.S.; providing

  4         that the parental rights of a person

  5         incarcerated in a state or federal correctional

  6         institution may be terminated if the period of

  7         time for which the parent has been and is

  8         expected to be incarcerated will constitute a

  9         substantial portion of time before the child

10         attains the age of 18 years; reenacting ss.

11         39.811(6) and 61.13(2)(b), F.S., relating to

12         the circumstances for which the parental rights

13         of a person may be terminated and shared

14         parental responsibility, to incorporate the

15         amendment made to s. 39.806, F.S., in

16         references thereto; providing an effective

17         date.

18  

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

20  

21         Section 1.  Paragraph (d) of subsection (1) of section

22  39.806, Florida Statutes, is amended to read:

23         39.806  Grounds for termination of parental rights.--

24         (1)  The department, the guardian ad litem, or any

25  person who has knowledge of the facts alleged or who is

26  informed of those facts and believes that they are true may

27  petition for the termination of parental rights under any of

28  the following circumstances:

29         (d)  When the parent of a child is incarcerated in a

30  state or federal correctional institution and either:

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 160
    7-86-06




 1         1.  The period of time for which the parent has been

 2  and is expected to be incarcerated will constitute a

 3  substantial portion of the period of time before the child

 4  will attain the age of 18 years;

 5         2.  The incarcerated parent has been determined by the

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

 7  775.084, a habitual violent felony offender as defined in s.

 8  775.084, or a sexual predator as defined in s. 775.21; has

 9  been convicted of first degree or second degree murder in

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

11  capital, life, or first degree felony violation of s. 794.011;

12  or has been convicted of an offense in another jurisdiction

13  which is substantially similar to one of the offenses listed

14  in this paragraph.  As used in this section, the term

15  "substantially similar offense" means any offense that is

16  substantially similar in elements and penalties to one of

17  those listed in this subparagraph, and that is in violation of

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

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

20  possession or territory thereof, or any foreign jurisdiction;

21  or

22         3.  The court determines by clear and convincing

23  evidence that continuing the parental relationship with the

24  incarcerated parent would be harmful to the child and, for

25  this reason, that termination of the parental rights of the

26  incarcerated parent is in the best interest of the child.

27         Section 2.  For the purpose of incorporating the

28  amendment made by this act to section 39.806, Florida

29  Statutes, in a reference thereto, subsection (6) of section

30  39.811, Florida Statutes, is reenacted to read:

31         39.811  Powers of disposition; order of disposition.--

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    Florida Senate - 2006        (Corrected Copy)           SB 160
    7-86-06




 1         (6)  The parental rights of one parent may be severed

 2  without severing the parental rights of the other parent only

 3  under the following circumstances:

 4         (a)  If the child has only one surviving parent;

 5         (b)  If the identity of a prospective parent has been

 6  established as unknown after sworn testimony;

 7         (c)  If the parent whose rights are being terminated

 8  became a parent through a single-parent adoption;

 9         (d)  If the protection of the child demands termination

10  of the rights of a single parent; or

11         (e)  If the parent whose rights are being terminated

12  meets any of the criteria specified in s. 39.806(1)(d) and

13  (f)-(i).

14         Section 3.  For the purpose of incorporating the

15  amendment made by this act to section 39.806, Florida

16  Statutes, in a reference thereto, paragraph (b) of subsection

17  (2) of section 61.13, Florida Statutes, is reenacted to read:

18         61.13  Custody and support of children; visitation

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

20         (2)

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

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

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

24  the Uniform Child Custody Jurisdiction and Enforcement Act. It

25  is the public policy of this state to assure that each minor

26  child has frequent and continuing contact with both parents

27  after the parents separate or the marriage of the parties is

28  dissolved and to encourage parents to share the rights and

29  responsibilities, and joys, of childrearing. After considering

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

31  same consideration as the mother in determining the primary

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    Florida Senate - 2006        (Corrected Copy)           SB 160
    7-86-06




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

 2  child.

 3         2.  The court shall order that the parental

 4  responsibility for a minor child be shared by both parents

 5  unless the court finds that shared parental responsibility

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

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

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

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

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

11  presumption is not rebutted, shared parental responsibility,

12  including visitation, residence of the child, and decisions

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

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

15  obligation to provide financial support. If the court

16  determines that shared parental responsibility would be

17  detrimental to the child, it may order sole parental

18  responsibility and make such arrangements for visitation as

19  will best protect the child or abused spouse from further

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

21  domestic violence or child abuse or the existence of an

22  injunction for protection against domestic violence, the court

23  shall consider evidence of domestic violence or child abuse as

24  evidence of detriment to the child.

25         a.  In ordering shared parental responsibility, the

26  court may consider the expressed desires of the parents and

27  may grant to one party the ultimate responsibility over

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

29  responsibilities between the parties based on the best

30  interests of the child. Areas of responsibility may include

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

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    Florida Senate - 2006        (Corrected Copy)           SB 160
    7-86-06




 1  other responsibilities that the court finds unique to a

 2  particular family.

 3         b.  The court shall order "sole parental

 4  responsibility, with or without visitation rights, to the

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

 6  child.

 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         Section 4.  This act shall take effect July 1, 2006.

21  

22            *****************************************

23                          SENATE SUMMARY

24    Provides that the parental rights of a person
      incarcerated in a state or federal correctional
25    institution may be terminated if the period of time for
      which the parent has been and is expected to be
26    incarcerated will constitute a substantial portion of
      time before the child will attain the age of 18 years.
27  

28  

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30  

31  

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