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The Committee on Children, Families, and Elder Affairs (Rich)

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recommended the following substitute for amendment (919840):

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 766-796

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and insert:

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Section 15. Section 39.810, Florida Statutes, is amended to

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read:

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39.810  Manifest best interests of the child.--In a hearing on a

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petition for termination of parental rights, the court shall

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consider the manifest best interests of the child. This

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consideration shall not include a comparison between the

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attributes of the parents and those of any persons providing a

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present or potential placement for the child. For the purpose of

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determining the manifest best interests of the child, the court

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shall consider and evaluate all relevant factors, including, but

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not limited to:

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     (1)  Any suitable permanent custody arrangement with a

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relative of the child. However, the availability of a

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nonadoptive placement with a relative may not receive greater

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consideration than any other factor weighing on the manifest

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best interest of the child and may not be considered as a factor

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weighing against termination of parental rights. If a child has

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been in a stable or preadoptive placement for not less than 6

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months, the availability of a different placement, including a

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placement with a relative, may not be considered as a ground to

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deny the termination of parental rights.

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     (2)  The ability and disposition of the parent or parents

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to provide the child with food, clothing, medical care or other

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remedial care recognized and permitted under state law instead

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of medical care, and other material needs of the child.

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     (3)  The capacity of the parent or parents to care for the

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child to the extent that the child's safety, well-being, and

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physical, mental, and emotional health will not be endangered

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upon the child's return home.

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     (4)  The present mental and physical health needs of the

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child and such future needs of the child to the extent that such

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future needs can be ascertained based on the present condition

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of the child.

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     (5)  The love, affection, and other emotional ties existing

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between the child and the child's parent or parents, siblings,

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and other relatives, and the degree of harm to the child that

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would arise from the termination of parental rights and duties.

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     (6)  The likelihood of an older child remaining in long-

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term foster care upon termination of parental rights, due to

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emotional or behavioral problems or any special needs of the

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child.

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     (7)  The child's ability to form a significant relationship

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with a parental substitute and the likelihood that the child

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will enter into a more stable and permanent family relationship

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as a result of permanent termination of parental rights and

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duties.

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     (8)  The length of time that the child has lived in a

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stable, satisfactory environment and the desirability of

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maintaining continuity.

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     (9)  The depth of the relationship existing between the

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child and the present custodian.

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     (10)  The reasonable preferences and wishes of the child,

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if the court deems the child to be of sufficient intelligence,

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understanding, and experience to express a preference.

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     (11)  The recommendations for the child provided by the

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child's guardian ad litem or legal representative.

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If the court finds that termination of parental rights is in the

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manifest best interests of the child, the court shall also find

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that termination of parental rights is the least restrictive

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means of protecting the child.

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(Renumber subsequent sections)

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 48-51

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and insert:

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amending s. 39.810, F.S.; providing that if termination of

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parental rights is in the best interests of the child it

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is also the least restrictive means of protecting the

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child; amending s. 63.032, F.S.; redefining the

2/20/2008  12:15:00 PM     CF.CF.04220