Florida Senate - 2008 CS for CS for SB 1084

By the Committees on Judiciary; Children, Families, and Elder Affairs; and Senators Rich, Lynn and Margolis

590-06961-08 20081084c2

A bill to be entitled

An act relating to the termination of parental rights;

amending s. 39.812, F.S.; requiring a petition for

adoption to be accompanied by a statement verifying that

adoptive parents have received all information required to

be disclosed; amending s. 49.011, F.S.; providing for

service of process by publication for termination of

parental rights under ch. 63, F.S.; amending s. 63.032,

F.S.; redefining terms; amending s. 63.037, F.S.;

conforming a cross-reference; amending s. 63.039, F.S.;

requiring an adoption entity to provide adoption

disclosure statements to persons whose consent is required

for adoption; requiring attorney's fees and costs in

certain actions to be awarded pursuant to the Florida

Rules of Civil Procedures; amending s. 63.0425, F.S.;

clarifying a grandparent's right to notice; amending s.

63.054, F.S.; providing that an unmarried biological

father who fails to register with the Florida Putative

Father Registry before the filing of a petition for

termination of parental rights may not file a paternity

claim under ch. 742, F.S.; providing an exception from the

time limitations for filing a paternity claim; providing

that if a registrant fails to report a change of address,

the adoption entity or adoption petitioner is not

obligated to search further for the registrant; requiring

a petitioner in a proceeding in which parental rights are

terminated simultaneously with entry of final judgment of

adoption to contact the Office of Vital Statistics for a

search of the registry; providing procedures for searching

the registry when termination of parental rights and an

adoption proceeding are adjudicated separately; amending

s. 63.062, F.S.; revising criteria for serving notice of

terminating parental rights to the father of a minor;

revising procedures for serving notice of intended

adoption plan; providing criteria for avoiding default on

providing consent to adoption; providing for the proper

venue to file a petition to terminate parental rights;

amending s. 63.063, F.S.; revising the standard for

compliance with laws relating to adoption; amending s.

63.082, F.S.; revising the notice and consent requirements

to adoption to also exclude cases involving sexual

activity with certain minors; revising consent

requirements that apply to men; limiting the time period

for revoking consent to adopt a child older than 6 months

of age to 3 business days; revising requirements for

withdrawing a consent for adoption; amending s. 63.085,

F.S.; revising requirements for required disclosures by an

adoption entity; requiring that background information

concerning the child be revealed to prospective adoptive

parents; amending s. 63.087, F.S.; revising procedures for

terminating parental rights pending an adoption; providing

the proper venue in which to file a petition to terminate

parental rights; providing for joint petitions for

termination of parental rights and adoption; providing

that failure to appear at certain hearings constitutes

grounds for termination of parental rights; removing a

provision relating to the procedure for notifying a

petitioner of a final hearing; amending s. 63.088, F.S.;

providing that a mother's failure to identify an unmarried

biological father is not a defense to a termination of

parental rights; revising information relating to a

court's inquiry about the father of the child who is to be

adopted; requiring persons contacted by a petitioner or

adoption entity to release certain information; providing

that a judgment approving a diligent search is not subject

to direct or collateral attack; amending s. 63.089, F.S.;

revising provisions relating to service of notice and

petition regarding termination of parental rights and

consent to adoption; revising conditions for making a

finding of abandonment; prohibiting a person who failed to

establish parental rights from challenging a judgment

terminating parental rights under certain circumstances;

amending s. 63.092, F.S.; revising the conditions and

timeframe for an adoption entity to report to the court

the intent to place a minor for adoption; amending s.

63.102, F.S.; revising procedures for the filing of a

petition for adoption; providing the proper venue where

the petition may be filed; amending s. 63.122, F.S.;

revising whose name may be removed from a petition under

certain circumstances; amending s. 63.132, F.S.; providing

additional exceptions to the requirement that the adoptive

parent and the adoption entity file an affidavit itemizing

all expenses and receipts; amending s. 63.135, F.S.;

requiring the adoption entity or petitioner to file an

affidavit under the Uniform Child Custody Jurisdiction and

Enforcement Act in a termination of parental rights

proceeding; deleting information required to be submitted

under oath to the court; amending s. 63.142, F.S.;

requiring that if an adoption petition is dismissed, any

further proceedings regarding the minor be brought in a

separate custody action under ch. 61, F.S., a dependency

action under ch. 39, F.S., or a paternity action under ch.

742, F.S.; revising conditions under which a judgment

terminating parental rights is voidable; amending s.

63.192, F.S.; requiring the courts of this state to

recognize decrees of termination of parental rights and

adoptions from other states and countries; amending s.

63.212, F.S.; revising acts that are unlawful pertaining

to adoptions; creating s. 63.236, F.S.; providing that a

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petition for termination of parental rights filed before

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the effective date of the act is governed by the law in

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effect at the time the petition was filed; amending s.

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742.021, F.S.; requiring the clerk of court to issue

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certain notice in cases of complaints concerning

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determination of paternity; amending s. 742.10, F.S.;

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providing applicability of chs. 39 and 63, F.S., to

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jurisdiction and procedures for determination of paternity

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for children born out of wedlock; providing an effective

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date.

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

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Section 1. Subsection (5) of section 39.812, Florida

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Statutes, is amended to read:

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39.812 Postdisposition relief; petition for adoption.--

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(5) The petition for adoption must be filed in the division

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of the circuit court which entered the judgment terminating

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parental rights, unless a motion for change of venue is granted

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pursuant to s. 47.122. A copy of the consent executed by the

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department as required under s. 63.062(7) must be attached to the

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petition, unless waived pursuant to s. 63.062(7) the court

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determines that such consent is being unreasonably withheld and

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provided that the petitioner has filed with the court a favorable

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preliminary adoptive home study performed by a licensed child-

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placing agency, a child-caring agency registered under s.

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409.176, or a licensed professional or agency described in s.

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61.20(2). The petition must be accompanied by a statement, signed

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by the prospective adoptive parents, acknowledging receipt of all

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information required to be disclosed under s. 63.085 and a form

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provided by the department which details the social and medical

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history of the child and each parent and includes the social

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security number and date of birth for each parent, if such

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information is available or readily obtainable. The prospective

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adoptive parents person seeking to adopt the child may not file a

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petition for adoption until the judgment terminating parental

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rights becomes final. An adoption proceeding under this

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subsection is governed by chapter 63, as limited under s. 63.037.

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Section 2. Subsection (13) of section 49.011, Florida

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Statutes, is amended to read:

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49.011 Service of process by publication; cases in which

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allowed.--Service of process by publication may be made in any

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court on any party identified in s. 49.021 in any action or

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proceeding:

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(13) For termination of parental rights pursuant to part IX

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of chapter 39 or chapter 63.

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Section 3. Subsections (4) through (20) of section 63.032,

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Florida Statutes, are amended to read:

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63.032 Definitions.--As used in this chapter, the term:

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(4) "Adoption plan" means an arrangement made by a birth

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parent or other individual having a legal right to custody of a

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minor, born or to be born, with an adoption entity in furtherance

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of placing the minor for adoption.

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(5)(4) "Adult" means a person who is not a minor.

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(6)(5) "Agency" means any child-placing agency licensed by

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the department pursuant to s. 63.202 to place minors for

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adoption.

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(7)(6) "Child" means any unmarried person under the age of

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18 years who has not been emancipated by court order a son or

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daughter, whether by birth or adoption.

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(8)(7) "Court" means a any circuit court of this state and,

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if when the context requires, the court of any state that is

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empowered to grant petitions for adoption.

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(9)(8) "Department" means the Department of Children and

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Family Services.

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(10)(9) "Intermediary" means an attorney who is licensed or

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authorized to practice in this state and who is placing or

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intends to place a child for adoption, including placing children

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born in another state with citizens of this state or country or

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placing children born in this state with citizens of another

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state or country.

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(11)(10) "Legal custody" has the meaning ascribed in s.

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39.01.

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(11) "Minor" means a person under the age of 18 years.

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(12) "Parent" means a woman who gives birth to a child or a

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man whose consent to the adoption of the child would be required

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under s. 63.062(1). If a child has been legally adopted, the term

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"parent" means the adoptive mother or father of the child. The

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term does not include an individual whose parental relationship

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to the child has been legally terminated or an alleged or

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prospective parent has the same meaning ascribed in s. 39.01.

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(13) "Person" includes a natural person, corporation,

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government or governmental subdivision or agency, business trust,

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estate, trust, partnership, or association, and any other legal

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entity.

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(14) "Relative" means a person related by blood to the

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person being adopted within the third degree of consanguinity.

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(15) "To place" means the process of a parent or legal

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guardian surrendering a child for adoption and the prospective

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adoptive parents receiving and adopting the child, and includes

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all actions by any person or adoption entity participating in the

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process.

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(14)(16) "Placement" means the process of a parent or legal

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guardian surrendering a child for adoption and the prospective

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adoptive parents receiving and adopting the child and all actions

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by any adoption entity participating in placing the child.

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(15)(17) "Primarily lives and works outside Florida" means

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that a person who lives and works outside this state at least 6

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months and 1 day per of the year, is a member of the military

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personnel who designates a state other than designate Florida as

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his or her their place of residence in accordance with the

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Servicemembers' Civil Relief Act, Pub. L. No. 108-189, or is a

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citizen employees of the United States Department of State living

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in a foreign country who designates designate a state other than

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Florida as his or her their place of residence.

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(16) "Relative" means a person related by blood to the

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person being adopted within the third degree of consanguinity.

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(17)(18) "Suitability of the intended placement" means

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includes the fitness of the intended placement, with primary

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consideration being given to the best interest of the child.

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(18) "To place" means the process whereby a parent or legal

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guardian surrenders a child for adoption and the prospective

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adoptive parents receive and adopt the child, and includes all

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actions by any person or adoption entity participating in the

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process.

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(19) "Unmarried biological father" means the child's

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biological father who is not married to the child's mother at the

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time of conception or birth of the child and who, before the

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filing of a petition to terminate parental rights, has not been

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adjudicated declared by a court of competent jurisdiction to be

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the legal father of the child or has not executed an affidavit

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pursuant to s. 382.013(2)(c).

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(20) "Adoption plan" means arrangements made by a birth

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parent or other individual having a legal right to custody of a

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minor child, born or to be born, with an adoption entity in

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furtherance of the placement of the minor for adoption.

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Section 4. Section 63.037, Florida Statutes, is amended to

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read:

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63.037 Proceedings applicable to cases resulting from a

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termination of parental rights under chapter 39.--A case in which

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a minor becomes available for adoption after the parental rights

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of each parent have been terminated by a judgment entered

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pursuant to chapter 39 shall be governed by s. 39.812 and this

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chapter. Adoption proceedings initiated under chapter 39 are

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exempt from the following provisions of this chapter: disclosure

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requirements for the adoption entity provided in s. 63.085(1)

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63.085; general provisions governing termination of parental

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rights pending adoption provided in s. 63.087; notice and service

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provisions governing termination of parental rights pending

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adoption provided in s. 63.088; and procedures for terminating

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parental rights pending adoption provided in s. 63.089.

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Section 5. Paragraph (i) of subsection (1) of section

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63.039, Florida Statutes, is amended, paragraph (j) is added to

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that subsection, and subsection (3) of that section is amended,

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to read:

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63.039 Duty of adoption entity to prospective adoptive

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parents; sanctions.--

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(1) An adoption entity placing a minor for adoption has an

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affirmative duty to follow the requirements of this chapter and

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specifically the following provisions, which protect and promote

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the well-being of persons being adopted and their parents and

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prospective adoptive parents by promoting certainty, finality,

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and permanency for such persons. The adoption entity must:

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(i) Obtain the written waiver of venue required under s.

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63.062, if applicable in cases in which venue for the termination

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of parental rights will be located in a county other than the

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county where a parent whose rights are to be terminated resides.

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(j) Provide an adoption disclosure statement, as required

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under s. 63.085(1), to all persons whose consent is required

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under s. 63.062(1).

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(3) The prevailing party in an action to set aside a

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judgment terminating parental rights pending adoption or a

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judgment of adoption may be awarded reasonable attorney's fees

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and costs pursuant to Rule 1.540(b)(3), Florida Rules of Civil

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Procedure. An award under this subsection must be paid by the

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adoption entity or by the any applicable insurance carrier on

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behalf of the adoption entity if the court finds that the acts or

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omissions of the entity were the basis for the court's order

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granting relief to the prevailing party.

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Section 6. Section 63.0425, Florida Statutes, is amended to

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read:

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63.0425 Grandparent's right to notice adopt.--

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(1) If When a child has lived with a grandparent for at

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least 6 months within the 24-month period immediately preceding

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the filing of a petition for termination of parental rights

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pending adoption, the adoption entity shall provide notice to

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that grandparent of the hearing on the petition for termination

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of parental rights pending adoption.

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(2) This section does shall not apply if the placement for

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adoption is the a result of the death of the child's parent and a

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different preference is stated in the parent's will.

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(3) This section does shall not apply in stepparent

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adoptions.

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(4) Nothing in This section does not shall contravene the

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provisions of s. 63.142(4).

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Section 7. Subsections (1), (6), and (7) of section 63.054,

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Florida Statutes, are amended to read:

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63.054 Actions required by an unmarried biological father

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to establish parental rights; Florida Putative Father Registry.--

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(1) In order to preserve the right to notice and consent to

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an adoption under this chapter, an unmarried biological father

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must, as the "registrant," file a notarized claim of paternity

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form with the Florida Putative Father Registry maintained by the

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Office of Vital Statistics of the Department of Health which

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includes and shall include therein confirmation of his

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willingness and intent to support the child for whom paternity is

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claimed in accordance with state law. The claim of paternity may

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be filed at any time before prior to the child's birth, but a

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claim of paternity may not be filed after the date a petition is

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filed for termination of parental rights. In each proceeding for

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termination of parental rights, the petitioner must shall submit

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to the Office of Vital Statistics of the Department of Health a

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copy of the petition for termination of parental rights. The

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Office of Vital Statistics may of the Department of Health shall

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not record a claim of paternity after the date that a petition

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for termination of parental rights is filed. The failure of an

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unmarried biological father to file a claim of paternity with the

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registry before the date a petition for termination of parental

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rights is filed also bars him from filing a paternity claim under

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chapter 742.

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(a) An unmarried biological father is excepted from the

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time limitations for filing a claim of paternity with the

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registry or for filing a paternity claim under chapter 742 if:

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1. The mother identifies him to the adoption entity as a

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potential biological father by the date she executes a consent

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for adoption; and

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2. He is served with a notice of intended adoption plan

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pursuant to s. 63.062(3) and the 30-day mandatory response date

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is later than the date the petition for termination of parental

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rights is filed with the court.

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(b) If an unmarried biological father falls within the

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exception provided by paragraph (a), the petitioner shall also

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submit to the Office of Vital Statistics a copy of the notice of

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intended adoption plan and proof of service of the notice on the

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potential biological father.

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exception provided by paragraph (a), may not file a claim of

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paternity with the registry or a paternity claim under chapter

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742 after the 30-day mandatory response date to the notice of

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intended adoption plan has expired. The Office of Vital

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Statistics may not record a claim of paternity 30 days after

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service of the notice of intended adoption plan.

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(6) It is the obligation of the registrant or, if

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designated under subsection (4), his designated agent or

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representative to notify and update the Office of Vital

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Statistics of any change of address or change in the designation

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of an agent or representative. The failure of a registrant, or

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designated agent or representative, to report any such change is

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at the registrant's own risk and may shall not serve as a valid

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defense based upon lack of notice, and the adoption entity or

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petitioner has no further obligation to search for the registrant

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unless the person petitioning for termination of parental rights

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or adoption has actual or constructive notice of the registrant's

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address and whereabouts from another source.

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(7) In each proceeding for termination of parental rights

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or each adoption proceeding in which parental rights are being

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terminated simultaneously with entry of the final judgment of

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adoption, as in a stepparent and relative adoption filed under

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this chapter, the petitioner must contact the Office of Vital

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Statistics of the Department of Health by submitting an

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application for a search of the Florida Putative Father Registry.

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The petitioner must shall provide the same information, if known,

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on the search application form that which the registrant

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furnished is required to furnish under subsection (3).

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Thereafter, the Office of Vital Statistics shall must issue a

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certificate signed by the State Registrar certifying:

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(a) The identity and contact information, if any, for each

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registered unmarried biological father whose information matches

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the search request sufficiently so that such person may be

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considered a possible father of the subject child; or

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(b) That a diligent search has been made of the registry of

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registrants who may be the unmarried biological father of the

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subject child and that no matching registration has been located

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in the registry.

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The This certificate must be filed with the court in the

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proceeding to terminate parental rights or the adoption

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proceeding. If a termination of parental rights and an adoption

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proceeding are being adjudicated separately simultaneously, the

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Florida Putative Father Registry need only be searched for the

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termination of parental rights proceeding once.

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Section 8. Paragraph (b) of subsection (1) and subsections

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(3), (7), and (9) of section 63.062, Florida Statutes, are

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amended to read:

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63.062 Persons required to consent to adoption; affidavit

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of nonpaternity; waiver of venue.--

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

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

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rights pending adoption may be granted only if written consent

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has been executed as provided in s. 63.082 after the birth of the

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minor or notice has been served under s. 63.088 to:

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(b) The father of the minor, if:

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1. The minor was conceived or born while the father was

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married to the mother;

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2. The minor is his child by adoption;

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3. The minor has been adjudicated established by the court

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proceeding to be his child by the date a petition is filed for

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termination of parental rights;

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4. He has filed an affidavit of paternity pursuant to s.

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382.013(2)(c) by the date a petition is filed for termination of

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parental rights; or

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5. In the case of an unmarried biological father, he has

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acknowledged in writing, signed in the presence of a competent

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witness, that he is the father of the minor, has filed such

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acknowledgment with the Office of Vital Statistics of the

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Department of Health within the required timeframes, and has

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complied with the requirements of subsection (2).

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(3)(a) Pursuant to chapter 48, an adoption entity shall may

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serve a notice of intended adoption plan upon any known and

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locatable unmarried biological father who is identified to the

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adoption entity by the mother by the date she signs her consent

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for adoption or who is identified by a diligent search of the

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Florida Putative Father Registry, or upon an entity whose consent

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is required. Service of the notice of intended adoption plan is

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not mandatory when the unmarried biological father signs a

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consent for adoption or an affidavit of nonpaternity. The notice

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may be served, a notice of intended adoption plan at any time

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before the child's birth or before placing prior to the placement

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of the child in the adoptive home, including prior to the birth

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of the child. The recipient of the notice may waive service of

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process by executing a waiver and acknowledging receipt of the

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plan. The notice of intended adoption plan must specifically

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state that if the unmarried biological father desires to contest

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the adoption plan, he must, within 30 days after service, file

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with the court, within 30 days after service, a verified response

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that contains a pledge of commitment to the child in substantial

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compliance with subparagraph (2)(b)2. and The notice of intended

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adoption plan shall notify the unmarried biological father that

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he must file a claim of paternity form with the Office of Vital

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Statistics, within 30 days after service upon him and must

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provide the adoption entity with a copy of the verified response

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filed with the court and the claim of paternity form filed with

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the Office of Vital Statistics. The notice must also include

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instructions for submitting a claim of paternity form to the

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Office of Vital Statistics and the address to which the claim

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must be sent. If the party served with the notice of intended

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adoption plan is an entity whose consent is required, the notice

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must specifically state that the entity must file, within 30 days

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after service, a verified response setting forth a legal basis

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for contesting the intended adoption plan, specifically

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addressing the best interest of the child.

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(a) If the unmarried biological father or entity whose

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consent is required fails to timely and properly file a verified

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response with the court and, in the case of an unmarried

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biological father, a claim of paternity form with the Office of

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Vital Statistics within 30 days after service upon that unmarried

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biological father or entity whose consent is required, the court

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shall enter a default against any unmarried biological father or

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entity and the consent of that unmarried biological father or

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entity shall no longer be required under this chapter and that

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party shall be deemed to have waived any claim of rights to the

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child. To avoid a default, within 30 days after receipt of

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service of the notice of intended adoption plan:

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1. The unmarried biological father must:

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a. File a claim of paternity with the Florida Putative

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Father Registry maintained by the Office of Vital Statistics;

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b. File a verified response with the court which contains a

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pledge of commitment to the child in substantial compliance with

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subparagraph (2)(b)2.; and

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c. Provide support for the birth mother and child.

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2. The entity whose consent is required must file a

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verified response setting forth a legal basis for contesting the

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intended adoption plan, specifically addressing the best interest

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of the child. Each notice of intended adoption plan served upon

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an unmarried biological father must include instructions as to

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the procedure the unmarried biological father must follow to

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submit a claim of paternity form to the Office of Vital

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Statistics and the address to which the registration must be

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directed.

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(b) If the birth mother identifies a man who she believes

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is the unmarried biological father of her child, the adoption

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entity may provide a notice of intended adoption plan pursuant to

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paragraph (a). If the mother identifies a potential unmarried

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biological father whose location is unknown, the adoption entity

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shall conduct a diligent search pursuant to s. 63.088. If, upon

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completion of a diligent search, the potential unmarried

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biological father's location remains unknown and a search of the

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Florida Putative Father Registry fails to reveal a match, the

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adoption entity shall request in the petition for termination of

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parental rights pending adoption that the court declare the

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diligent search to be in compliance with s. 63.088, and to

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further declare that the adoption entity has shall have no

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further obligation to provide notice to the potential unmarried

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biological father, and that the potential unmarried biological

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father's consent to the adoption is shall not be required.

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(7) If parental rights to the minor have previously been

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terminated, the adoption entity with which the minor has been

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placed for subsequent adoption may provide consent to the

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adoption. In such case, no other consent is required. The consent

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of the department shall be waived upon a determination by the

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court that such consent is being unreasonably withheld and if,

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provided that the petitioner has filed with the court a favorable

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preliminary adoptive home study as required under s. 63.092

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performed by a licensed child-placing agency, a child-caring

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agency registered under s. 409.176, or a licensed professional or

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agency described in s. 61.20(2).

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(9) A petition for termination of parental rights must

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shall be filed in the appropriate county as determined under s.

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63.087(2). If a the parent or parents whose consent is required

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objects rights are to be terminated object to venue in the county

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where the action was filed, the court may transfer venue to a

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proper venue consistent with this chapter and chapter 47 the

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action to the county where the objecting parent or parents

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reside, unless the objecting parent has previously executed a

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waiver of venue.

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Section 9. Section 63.063, Florida Statutes, is amended to

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read:

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63.063 Responsibility of parents each party for their own

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actions; fraud or misrepresentation; contesting termination of

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parental rights and adoption statutory compliance.--

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(1) Each parent of a child conceived or born outside of

501

marriage is responsible for his or her own actions and is not

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excused from strict compliance with the provisions of this

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chapter based upon any action, statement, or omission of the

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other parent or a third party, except as provided in s.

505

63.062(2)(a).

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(2) Any person injured by a fraudulent representation or

507

action in connection with an adoption may is entitled to pursue

508

civil or criminal penalties as provided by law. A fraudulent

509

representation is not a defense to compliance with the

510

requirements of this chapter and is not a basis for dismissing a

511

petition for termination of parental rights or a petition for

512

adoption, for vacating an adoption decree, or for granting

513

custody to the offended party. Custody and adoption

514

determinations must shall be based on the best interest of the

515

child in accordance with s. 61.13.

516

(3) The Legislature finds no way to remove all risk of

517

fraud or misrepresentation in adoption proceedings and has

518

provided a method for absolute protection of an unmarried

519

biological father's rights through by compliance with the

520

provisions of this chapter. In balancing the rights and interests

521

of the state and of all parties affected by fraud, including the

522

child, the adoptive parents, and the unmarried biological father,

523

the Legislature has determined that the unmarried biological

524

father is in the best position to prevent or ameliorate the

525

effects of fraud and, therefore, has the burden of preventing

526

fraud.

527

(4) The Legislature finds that an unmarried biological

528

father who resides in another state may not, in every

529

circumstance, be reasonably presumed to know of and comply with

530

the requirements of this chapter. Therefore, if all of the

531

following requirements have been met, an unmarried biological

532

father may contest a termination of parental rights or subsequent

533

adoption and, before prior to entry of the final judgment of

534

adoption, assert his interest in the child. Following such

535

assertion, the court may, in its discretion, proceed with an

536

evidentiary hearing if:

537

(a) The unmarried biological father resides and has resided

538

in another state where the unmarried mother was also located or

539

resided.

540

(b) The unmarried mother left that state without notifying

541

or informing the unmarried biological father that she could be

542

located in this the state of Florida.

543

544

reasonable means, attempted to locate the mother but does not

545

know or have reason to know that the mother is residing in this

546

the state of Florida.

547

(d) The unmarried biological father has substantially

548

complied with the requirements of the state where the mother

549

previously resided or was located in order to protect and

550

preserve his parental interest and rights with regard to the

551

child.

552

Section 10. Paragraph (d) of subsection (1), paragraphs

553

(b), (c), and (e) of subsection (4), paragraphs (a), (b), and (d)

554

of subsection (6), and subsection (7) of section 63.082, Florida

555

Statutes, are amended to read:

556

63.082 Execution of consent to adoption or affidavit of

557

nonpaternity; family social and medical history; withdrawal of

558

consent.--

559

(1)

560

(d) The notice and consent provisions of this chapter as

561

they relate to the birth of a child or to legal fathers do not

562

apply in cases in which the child is conceived as a result of a

563

violation of the criminal laws of this or another state,

564

including, but not limited to, sexual battery, unlawful sexual

565

activity with certain minors under s. 794.05, lewd acts

566

perpetrated upon a minor, or incest.

567

(4)

568

(b) A consent to the adoption of a minor who is to be

569

placed for adoption may shall not be executed by the birth mother

570

sooner than 48 hours after the minor's birth or the day the birth

571

mother is has been notified in writing, either on her patient

572

chart or in release paperwork, that she is fit to be released

573

from the licensed hospital or birth center, whichever is earlier.

574

A consent by any man a biological father or legal father may be

575

executed at any time after the birth of the child. The A consent

576

executed under this paragraph is valid upon execution and may be

577

withdrawn only if the court finds that it was obtained by fraud

578

or duress.

579

580

of age at the time of the execution of the consent, the consent

581

to adoption is valid upon execution; however, it is subject to a

582

3-day revocation period of 3 business days or may be revoked at

583

any time prior to the placement of the minor with the prospective

584

adoptive parents, whichever is later. If a consent has been

585

executed, this subsection may not be construed to provide a birth

586

parent with more than 3 days to revoke the consent once the child

587

has been placed with the prospective adoptive parents.

588

(e) A consent to adoption being executed by the birth

589

parent must be in at least 12-point boldfaced type in

590

substantially the following form:

591

592

CONSENT TO ADOPTION

593

594

YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT

595

HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH

596

THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE

597

PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A

598

WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED

599

OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR WITNESSES YOU

600

SELECTED, IF ANY.

601

602

YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE

603

FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS

604

CONSENT:

605

606

1. CONSULT WITH AN ATTORNEY;

607

2. HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE LEGALLY

608

PROHIBITED;

609

3. PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR FAMILY

610

MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;

611

4. TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY PROHIBITED; AND

612

5. FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE AVAILABLE TO

613

YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.

614

615

IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO YOUR

616

CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE EXCEPT

617

UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP YOUR

618

RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED FOR

619

ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR

620

BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE IMPOSED

621

UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT FOR

622

ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF

623

BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN

624

WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT

625

SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH

626

CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY

627

BE EXECUTED. ANY MAN A BIOLOGICAL FATHER MAY EXECUTE A CONSENT AT

628

ANY TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED THE

629

CONSENT, IT IS VALID, BINDING, AND IRREVOCABLE AND CANNOT BE

630

WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR

631

DURESS.

632

633

IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS

634

AND YOU WISH TO REVOKE THAT CONSENT, YOU MUST:

635

636

1. NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT YOU

637

WISH TO WITHDRAW YOUR CONSENT; AND

638

2. PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD OR

639

DURESS.

640

641

This statement of rights is not required for the adoption of a

642

relative, an adult, a stepchild, or a child older than 6 months

643

of age. A consent form for the adoption of a child older than 6

644

months of age at the time of the execution of consent must

645

contain a statement outlining the revocation rights provided in

646

paragraph (c).

647

(6)(a) If a birth parent executes a consent for placement

648

of a minor with an adoption entity or qualified prospective

649

adoptive parents and the minor child is in the custody of the

650

department, but parental rights have not yet been terminated, the

651

adoption consent is shall be valid, binding, and enforceable by

652

the court.

653

(b) Upon execution of the consent of the birth parent, the

654

adoption entity may shall be permitted to intervene in the

655

dependency case as a party in interest and must shall provide the

656

court having jurisdiction over the minor, pursuant to the shelter

657

or dependency petition filed by the department, with a copy of

658

the preliminary home study of the prospective adoptive parents

659

and any other evidence of the suitability of the placement. The

660

preliminary home study must shall be maintained with strictest

661

confidentiality within the dependency court file and the

662

department's file. A preliminary home study must be provided to

663

the court in all cases in which an adoption entity has intervened

664

pursuant to this section.

665

(d) In determining whether the best interest of the child

666

is will be served by transferring the custody of the minor child

667

to the prospective adoptive parent selected by the birth parent,

668

the court shall consider give consideration to the rights of the

669

birth parent to determine an appropriate placement for the child,

670

the permanency offered, the child's bonding with any potential

671

adoptive home that the child has been residing in, and the

672

importance of maintaining sibling relationships, if possible.

673

(7) If a person is seeking to withdraw consent for a child

674

older than 6 months of age who has been placed with prospective

675

adoptive parents:

676

(a) The person seeking to withdraw consent must, in

677

accordance with paragraph (4)(c), notify A consent that is being

678

withdrawn under paragraph (4)(c) may be withdrawn at any time

679

prior to the minor's placement with the prospective adoptive

680

parents or by notifying the adoption entity in writing by

681

certified United States mail, return receipt requested, within

682

not later than 3 business days after execution of the consent. As

683

used in this subsection, the term "business day" means any day on

684

which the United States Postal Service accepts certified mail for

685

delivery.

686

(b) Upon receiving timely written notice from a person

687

whose consent to adoption is required of that person's desire to

688

withdraw consent to adoption, the adoption entity must contact

689

the prospective adoptive parent to arrange a time certain for the

690

adoption entity to regain physical custody of the minor, unless,

691

upon a motion for emergency hearing by the adoption entity, the

692

court determines in written findings that placement of the minor

693

with the person who had legal or physical custody of the child

694

immediately before the child was placed for adoption withdrawing

695

consent may endanger the minor, or that the person who desires to

696

withdraw consent is to the adoption would not be required to

697

consent to the adoption, or has been determined to have abandoned

698

the child, or is otherwise subject to a determination that the

699

person's consent is waived under this chapter.

700

701

the minor, the court shall must enter an order continuing the

702

regarding continued placement of the minor with the prospective

703

adoptive parents pending further proceedings if they desire

704

continued placement. If the prospective adoptive parents do not

705

desire continued placement, the order must shall include, but

706

need not be limited to, a determination of whether temporary

707

placement in foster care, with the person who had legal or

708

physical custody of the child immediately before placing the

709

child for adoption, or with a relative is in the best interest of

710

the child and is appropriate, whether an investigation by the

711

department is recommended, and whether a relative is available

712

for the temporary placement.

713

(d) If the person withdrawing consent claims to be the

714

father of the minor but has not been established to be the father

715

by marriage, court order, or scientific testing, the court may

716

order scientific paternity testing and reserve ruling on removal

717

of the minor until the results of such testing have been filed

718

with the court.

719

(e) The adoption entity must return the minor within 3

720

business days after timely and proper notification of the

721

withdrawal of consent or after the court determines that

722

withdrawal is valid and binding upon consideration of an

723

emergency motion, as filed pursuant to paragraph (b), to the

724

physical custody of the person withdrawing consent or the person

725

directed by the court. If the person seeking to validly withdraw

726

consent claims to be the father of the minor but has not been

727

established to be the father by marriage, court order, or

728

scientific testing, the adoption entity may return the minor to

729

the care and custody of the mother, if she desires such

730

placement, and she the mother is not otherwise prohibited by law

731

from having custody of the child.

732

(f) Following the revocation period for withdrawal of

733

consent described in paragraph (a), or the placement of the child

734

with the prospective adoptive parents, whichever occurs later,

735

consent may be withdrawn only when the court finds that the

736

consent was obtained by fraud or duress.

737

(g) An affidavit of nonpaternity may be withdrawn only if

738

the court finds that the affidavit was obtained by fraud or

739

duress.

740

Section 11. Section 63.085, Florida Statutes, is amended to

741

read:

742

63.085 Disclosure by adoption entity.--

743

(1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE ADOPTIVE

744

PARENTS.--Within Not later than 14 days after a person seeking to

745

adopt a minor or a person seeking to place a minor for adoption

746

contacts an adoption entity in person or provides the adoption

747

entity with a mailing address, the entity must provide a written

748

disclosure statement to that person if the entity agrees or

749

continues to work with the such person. The If an adoption entity

750

shall also provide the written disclosure to the parent is

751

assisting in the effort to terminate the parental rights of a

752

parent who did not initiate the contact with the adoption entity,

753

the written disclosure must be provided within 14 days after that

754

parent is identified and located. For purposes of providing the

755

written disclosure, a person is considered to be seeking to place

756

a minor for adoption if when that person has sought information

757

or advice from the adoption entity regarding the option of

758

adoptive placement. The written disclosure statement must be in

759

substantially the following form:

760

761

ADOPTION DISCLOSURE

762

763

THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL

764

PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR

765

FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING

766

ADOPTION UNDER FLORIDA LAW:

767

768

1. The name, address, and telephone number of the adoption

769

entity providing this disclosure is:

770

Name:

771

Address:

772

Telephone Number:

773

774

2. The adoption entity does not provide legal representation or

775

advice to birth parents or anyone signing a consent for adoption

776

or affidavit of nonpaternity, and birth parents have the right to

777

consult with an attorney of their own choosing to advise them.

778

3. With the exception of an adoption by a stepparent or

779

relative, a child cannot be placed into a prospective adoptive

780

home unless the prospective adoptive parents have received a

781

favorable preliminary home study, including criminal and child

782

abuse clearances.

783

4. A valid consent for adoption may not be signed by the birth

784

mother until 48 hours after the birth of the child, or the day

785

the birth mother is notified, in writing, that she is fit for

786

discharge from the licensed hospital or birth center. Any man A

787

putative father may sign a valid consent for adoption at any time

788

after the birth of the child.

789

5. A consent for adoption signed before the child attains the

790

age of 6 months is binding and irrevocable from the moment it is

791

signed unless it can be proven in court that the consent was

792

obtained by fraud or duress. A consent for adoption signed after

793

the child attains the age of 6 months is valid from the moment it

794

is signed; however, it may be revoked until the child is placed

795

in an adoptive home, or up to 3 days after it was signed,

796

whichever period is longer.

797

6. A consent for adoption is not valid if the signature of the

798

person who signed the consent was obtained by fraud or duress.

799

7. An unmarried biological father must act immediately in order

800

to protect his parental rights. Section 63.062, Florida Statutes,

801

prescribes that any father seeking to establish his right to

802

consent to the adoption of his child must file a claim of

803

paternity with the Florida Putative Father Registry maintained by

804

the Office of Vital Statistics of the Department of Health by the

805

date a petition to terminate parental rights is filed with the

806

court, or within 30 days after receiving service of a Notice of

807

Intended Adoption Plan. If he receives a Notice of Intended

808

Adoption Plan, he must file a claim of paternity with the Florida

809

Putative Father Registry, file a parenting plan with the court,

810

and provide financial support to the mother or child within 30

811

days following service. An unmarried biological father's failure

812

to timely respond to a Notice of Intended Adoption Plan

813

constitutes an irrevocable legal waiver of any and all rights

814

that the father may have to the child. A claim of paternity

815

registration form for the Florida Putative Father Registry may be

816

obtained from any local office of the Department of Health,

817

Office of Vital Statistics, the Department of Children and

818

Families, the Internet websites for these agencies, and the

819

offices of the clerks of the Florida circuit courts. The claim of

820

paternity form must be submitted to the Office of Vital

821

Statistics, Attention: Adoption Unit, P.O. Box 210, Jacksonville,

822

FL 32231.

823

8.7. There are alternatives to adoption, including foster care,

824

relative care, and parenting the child. There may be services and

825

sources of financial assistance in the community available to

826

birth parents if they choose to parent the child.

827

9.8. A birth parent has the right to have a witness of his or

828

her choice, who is unconnected with the adoption entity or the

829

adoptive parents, to be present and witness the signing of the

830

consent or affidavit of nonpaternity.

831

10.9. A birth parent 14 years of age or younger must have a

832

parent, legal guardian, or court-appointed guardian ad litem to

833

assist and advise the birth parent as to the adoption plan.

834

11.10. A birth parent has a right to receive supportive

835

counseling from a counselor, social worker, physician, clergy, or

836

attorney, and such counseling would be beneficial to the birth

837

parent.

838

12.11. The payment of living or medical expenses by the

839

prospective adoptive parents before prior to the birth of the

840

child does not, in any way, obligate the birth parent to sign the

841

consent for adoption.

842

(2) DISCLOSURE TO ADOPTIVE PARENTS.--

843

(a) At the time that an adoption entity is responsible for

844

selecting prospective adoptive parents for a born or unborn child

845

whose parents are seeking to place the child for adoption or

846

whose rights were terminated pursuant to chapter 39, the adoption

847

entity must provide the prospective adoptive parents with

848

information concerning the background of the child to the extent

849

such information is disclosed to the adoption entity by the

850

parents, legal custodian, or the department. This subsection

851

applies only if the adoption entity identifies the prospective

852

adoptive parents and supervises the physical placement of the

853

child in the prospective adoptive parents' home. If any

854

information cannot be disclosed because the records custodian

855

failed or refused to produce the background information, the

856

adoption entity has a duty to provide the information if it

857

becomes available. An individual or entity contacted by an

858

adoption entity to obtain the background information must release

859

the requested information to the adoption entity without the

860

necessity of a subpoena or a court order. In all cases, the

861

prospective adoptive parents must receive all available

862

information by the date of the final hearing on the petition for

863

adoption. The information to be disclosed includes:

864

1. A family social and medical history form completed

865

pursuant to s. 63.162(6).

866

2. The biological mother's medical records documenting her

867

prenatal care and the birth and delivery of the child.

868

3. A complete set of the child's medical records

869

documenting all medical treatment and care since the child's

870

birth and before placement.

871

4. All mental health, psychological, and psychiatric

872

records, reports, and evaluations concerning the child before

873

placement.

874

5. The child's educational records, including all records

875

concerning any special education needs of the child before

876

placement.

877

6. Records documenting all incidents that required the

878

department to provide services to the child, including all orders

879

of adjudication of dependency or termination of parental rights

880

issued pursuant to chapter 39, any case plans drafted to address

881

the child's needs, all protective services investigations

882

identifying the child as a victim, and all guardian ad litem

883

reports filed with the court concerning the child.

884

7. Written information concerning the availability of

885

adoption subsidies for the child, if applicable.

886

(b) When disclosing information pursuant to this

887

subsection, the adoption entity must redact any confidential

888

identifying information concerning the child's parents, foster

889

parents and their families, siblings, and relatives and

890

perpetrators of crimes against the child or involving the child.

891

(3)(2) ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity

892

must obtain a written statement acknowledging receipt of the

893

disclosures disclosure required under this section subsection (1)

894

and signed by the persons receiving the disclosure or, if it is

895

not possible to obtain such an acknowledgment, the adoption

896

entity must execute an affidavit stating why an acknowledgment

897

could not be obtained. If the disclosure was delivered by

898

certified United States mail, return receipt requested, a return

899

receipt signed by the person from whom acknowledgment is required

900

is sufficient to meet the requirements of this subsection. A copy

901

of the acknowledgment of receipt of the disclosure must be

902

provided to the person signing it. A copy of the acknowledgment

903

or affidavit executed by the adoption entity in lieu of the

904

acknowledgment must be maintained in the file of the adoption

905

entity. The original acknowledgment or affidavit must be filed

906

with the court.

907

(4)(3) REVOCATION OF CONSENT.--Failure to meet the

908

requirements of this section subsection (1) or subsection (2)

909

does not constitute grounds for revocation of a consent to

910

adoption or withdrawal of an affidavit of nonpaternity unless the

911

extent and circumstances of such a failure result in a material

912

failure of fundamental fairness in the administration of due

913

process, or the failure constitutes or contributes materially to

914

fraud or duress in obtaining a consent to adoption or affidavit

915

of nonpaternity.

916

Section 12. Subsections (2), (3), and (6) of section

917

63.087, Florida Statutes, are amended to read:

918

63.087 Proceeding to terminate parental rights pending

919

adoption; general provisions.--

920

(2) VENUE.--

921

(a) A petition to terminate parental rights pending

922

adoption must be filed:

923

1. In the county where the child resides; or

924

2. If the child does not reside in the State of Florida, In

925

the county where the adoption entity is located;

926

3. In the county where the adoption entity is located; or

927

4. If neither parent resides in the state, in the county

928

where the adoption entity is located. The fact of the minor's

929

presence within the state confers jurisdiction on the court in

930

proceedings in the minor's case under this chapter, or to a

931

parent or guardian if due notice has been given.

932

(b) If a petition for termination of parental rights has

933

been filed and a parent whose consent is required rights are to

934

be terminated objects to venue, there must be a hearing in which

935

the court shall determine whether that parent intends to assert

936

legally recognized grounds to contest a termination of parental

937

rights and, if so, the court may shall immediately transfer venue

938

to a proper venue under this subsection the county where that

939

parent resides or resided at the time of the execution of the

940

consent. For purposes of selecting venue, the court shall

941

consider the ease of access to the court for the parent and the

942

factors set forth in s. 47.122 who intends to contest a

943

termination of parental rights.

944

945

determine which party shall bear the cost of venue transfer.

946

947

For purposes of the hearing under this subsection, witnesses

948

located in another jurisdiction may testify by deposition or

949

testify by telephone, audiovisual means, or other electronic

950

means before a designated court or at another location.

951

Documentary evidence transmitted from another location by

952

technological means that do not produce an original writing may

953

not be excluded from evidence on an objection based on the means

954

of transmission. The court on its own motion may otherwise

955

prescribe the manner in which and the terms upon which the

956

testimony is taken.

957

(3) PREREQUISITE FOR ADOPTION.--A petition for adoption may

958

not be filed until after the date the court enters the judgment

959

terminating parental rights pending adoption under this chapter

960

or under chapter 39. Adoptions of relatives, adult adoptions, or

961

adoptions of stepchildren are shall not be required to file a

962

separate termination of parental rights proceeding pending

963

adoption. In such cases, the petitioner may file a joint petition

964

for termination of parental rights and adoption, attaching all

965

required consents, affidavits, notices, and acknowledgments shall

966

be attached to the petition for adoption or filed separately in

967

the adoption proceeding. Unless otherwise provided by law, this

968

chapter applies to joint petitions.

969

(6) ANSWER AND APPEARANCE REQUIRED.--An answer to the

970

petition or any pleading requiring an answer must shall be filed

971

in accordance with the Florida Family Law Rules of Civil

972

Procedure. Failure to file a written response or to appear at the

973

hearing on the petition constitutes grounds upon which the court

974

may terminate parental rights. Failure to appear at the hearing

975

constitutes grounds upon which the court may terminate parental

976

rights. The petitioner shall provide notice of the final hearing

977

by United States mail to any person who has been served with the

978

summons and petition for termination of parental rights within

979

the specified time periods. Notwithstanding the filing of any

980

answer or any pleading, Any person present at the hearing to

981

terminate parental rights pending adoption whose consent to

982

adoption is required under s. 63.062 must:

983

(a) Be advised by the court that he or she has a right to

984

ask that the hearing be reset for a later date so that the person

985

may consult with an attorney; and

986

(b) Be given an opportunity to admit or deny the

987

allegations in the petition.

988

Section 13. Subsections (1), (3), (4), and (5) of section

989

63.088, Florida Statutes, are amended to read:

990

63.088 Proceeding to terminate parental rights pending

991

adoption; notice and service; diligent search.--

992

(1) NOTICE REQUIRED.--An unmarried biological father, by

993

virtue of the fact that he has engaged in a sexual relationship

994

with a woman, is deemed to be on notice that a pregnancy and an

995

adoption proceeding regarding that child may occur and that he

996

has a duty to protect his own rights and interest. He is,

997

therefore, entitled to notice of a birth or adoption proceeding

998

with regard to that child only as provided in this chapter. If a

999

mother fails to identify an unmarried biological father to the

1000

adoption entity by the date she signs her consent for adoption,

1001

the unmarried biological father's claim that he did not receive

1002

actual notice of the adoption proceeding is not a defense to the

1003

termination of his parental rights.

1004

(3) LOCATION AND IDENTITY KNOWN.--Before the court may

1005

determine that a minor is available for adoption, and in addition

1006

to the other requirements set forth in this chapter, each person

1007

whose consent is required under s. 63.062, who has not executed a

1008

consent for adoption or an affidavit of nonpaternity, and whose

1009

location and identity have been determined by compliance with the

1010

procedures in this section must be personally served, pursuant to

1011

chapter 48, at least 20 days before the hearing with a copy of

1012

the petition to terminate parental rights pending adoption and

1013

with notice in substantially the following form:

1014

1015

NOTICE OF PETITION AND HEARING

1016

TO TERMINATE PARENTAL RIGHTS

1017

PENDING ADOPTION

1018

1019

A petition to terminate parental rights pending adoption has been

1020

filed. A copy of the petition is being served with this notice.

1021

There will be a hearing on the petition to terminate parental

1022

rights pending adoption on (date) at (time) before

1023

(judge) at (location, including complete name and street

1024

address of the courthouse) . The court has set aside (amount

1025

of time) for this hearing.

1026

1027

UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO TIMELY FILE A

1028

WRITTEN RESPONSE TO THIS NOTICE AND THE PETITION WITH THE COURT

1029

AND OR TO APPEAR AT THIS HEARING CONSTITUTES GROUNDS UPON WHICH

1030

THE COURT SHALL END ANY PARENTAL RIGHTS YOU MAY HAVE OR ASSERT

1031

REGARDING THE MINOR CHILD.

1032

(4) REQUIRED INQUIRY.--In proceedings initiated under s.

1033

63.087, the court shall must conduct an inquiry of the person who

1034

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

1035

having legal custody of the minor who is present at the hearing

1036

and likely to have the following information regarding the

1037

identity of:

1038

(a) Any person to whom the mother of the minor was married

1039

at any time when conception of the minor may have occurred or at

1040

the time of the birth of the minor;

1041

(b) Any man who has filed an affidavit of paternity

1042

pursuant to s. 382.013(2)(c) before the date that a petition for

1043

termination of parental rights is filed with the court person who

1044

has been declared by a court to be the father of the minor;

1045

1046

(d) Any man who has been adjudicated by a court as the

1047

father of the minor child before the date a petition for

1048

termination of parental rights is filed with the court with whom

1049

the mother was cohabiting at any time when conception of the

1050

minor may have occurred; and

1051

(e) Any man whom the mother identified to the adoption

1052

entity as a potential biological father before the date she

1053

signed the consent for adoption person who has acknowledged or

1054

claimed paternity of the minor.

1055

1056

The information sought required under this subsection may be

1057

provided to the court in the form of a sworn affidavit by a

1058

person having personal knowledge of the facts, addressing each

1059

inquiry enumerated in this subsection, except that, if the

1060

inquiry identifies a father under paragraph (a), paragraph (b),

1061

or paragraph (c), the inquiry may shall not continue further. The

1062

inquiry required under this subsection may be conducted before

1063

the birth of the minor.

1064

(5) LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry by

1065

the court under subsection (4) identifies any person whose

1066

consent to adoption is required under s. 63.062 and who has not

1067

executed a consent to adoption or an affidavit of nonpaternity,

1068

and the location of the person from whom consent is required is

1069

unknown, the adoption entity must conduct a diligent search for

1070

that person which must include inquiries concerning:

1071

(a) The person's current address, or any previous address,

1072

through an inquiry of the United States Postal Service through

1073

the Freedom of Information Act;

1074

(b) The last known employment of the person, including the

1075

name and address of the person's employer;

1076

1077

licensing in the area where the person last resided;

1078

(c)(d) Names and addresses of relatives to the extent they

1079

such can be reasonably obtained from the petitioner or other

1080

sources, contacts with those relatives, and inquiry as to the

1081

person's last known address. The petitioner must shall pursue any

1082

leads to of any addresses where to which the person may have

1083

moved;

1084

(d)(e) Information as to whether or not the person may have

1085

died and, if so, the date and location;

1086

(e)(f) Telephone listings in the area where the person last

1087

resided;

1088

(f)(g) Inquiries of law enforcement agencies in the area

1089

where the person last resided;

1090

(g)(h) Highway patrol records in the state where the person

1091

last resided;

1092

(h)(i) Department of Corrections records in the state where

1093

the person last resided;

1094

(i)(j) Hospitals in the area where the person last resided;

1095

(j)(k) Records of utility companies, including water,

1096

sewer, cable television, and electric companies, in the area

1097

where the person last resided;

1098

(k)(l) Records of the Armed Forces of the United States as

1099

to whether there is any information as to the person;

1100

(l)(m) Records of the tax assessor and tax collector in the

1101

area where the person last resided; and

1102

(m)(n) Search of one Internet databank locator service.

1103

1104

A person contacted by a petitioner or adoption entity requesting

1105

records under this subsection must release the requested records

1106

to the petitioner or adoption entity without the necessity of a

1107

subpoena or a court order, except when prohibited by law. An

1108

affidavit of diligent search conducted in accordance with this

1109

section executed by the petitioner and the adoption entity must

1110

be filed with the court confirming completion of each aspect of

1111

the diligent search enumerated in this subsection and specifying

1112

the results. The diligent search required under this subsection

1113

may be conducted before the birth of the minor. A judgment

1114

terminating parental rights and approving a diligent search that

1115

fails to locate a person is valid and is not subject to direct or

1116

collateral attack because the mother failed or refused to provide

1117

the adoption entity with sufficient information to locate the

1118

person.

1119

Section 14. Subsections (2), (3), (4), and (6), paragraph

1120

(a) of subsection (7), and subsection (8) of section 63.089,

1121

Florida Statutes, are amended to read:

1122

63.089 Proceeding to terminate parental rights pending

1123

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

1124

(2) HEARING PREREQUISITES.--The court may hold the hearing

1125

only when:

1126

(a) For each person whose consent to adoption is required

1127

under s. 63.062:

1128

1. A consent under s. 63.082 has been executed and filed

1129

with the court;

1130

2. An affidavit of nonpaternity under s. 63.082 has been

1131

executed and filed with the court;

1132

3. Notice has been provided under ss. 63.087 and 63.088; or

1133

4. The certificate from the Office of Vital Statistics has

1134

been provided to the court stating that a diligent search has

1135

been made of the Florida Putative Father Registry created in s.

1136

63.054 and that no filing has been found pertaining to the father

1137

of the child in question or, if a filing is found, stating the

1138

name of the putative father and the time and date of the filing.

1139

(b) For each notice and petition that must be served under

1140

ss. 63.087 and 63.088:

1141

1. At least 20 days have elapsed since the date of personal

1142

service and an affidavit of service has been filed with the

1143

court;

1144

2. At least 30 days have elapsed since the first date of

1145

publication of constructive service and an affidavit of service

1146

has been filed with the court; or

1147

3. An affidavit of nonpaternity, consent for adoption, or

1148

other document that which affirmatively waives service has been

1149

executed and filed with the court.;

1150

1151

(d) The petition contains all information required under s.

1152

63.087 and all affidavits of inquiry, diligent search, and

1153

service required under s. 63.088 have been obtained and filed

1154

with the court.

1155

(3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING

1156

ADOPTION.--The court may enter a judgment terminating parental

1157

rights pending adoption if the court determines by clear and

1158

convincing evidence, supported by written findings of fact, that

1159

each person whose consent to adoption is required under s.

1160

63.062:

1161

(a) Has executed a valid consent under s. 63.082 and the

1162

consent was obtained according to the requirements of this

1163

chapter;

1164

(b) Has executed an affidavit of nonpaternity and the

1165

affidavit was obtained according to the requirements of this

1166

chapter;

1167

1168

plan in accordance with the provisions of s. 63.062(3) and has

1169

failed to respond within the designated time period;

1170

(d) Has been properly served notice of the proceeding in

1171

accordance with the requirements of this chapter and has failed

1172

to file a written answer or appear at the evidentiary hearing

1173

resulting in the judgment terminating parental rights pending

1174

adoption;

1175

(e) Has been properly served notice of the proceeding in

1176

accordance with the requirements of this chapter and has been

1177

determined under subsection (4) to have abandoned the minor as

1178

defined in s. 63.032;

1179

(f) Is a parent of the person to be adopted, which parent

1180

has been judicially declared incapacitated with restoration of

1181

competency found to be medically improbable;

1182

(g) Is a person who has legal custody of the person to be

1183

adopted, other than a parent, who has failed to respond in

1184

writing to a request for consent for a period of 60 days or,

1185

after examination of his or her written reasons for withholding

1186

consent, is found by the court to be withholding his or her

1187

consent unreasonably;

1188

(h) Has been properly served notice of the proceeding in

1189

accordance with the requirements of this chapter, but has been

1190

found by the court, after examining written reasons for the

1191

withholding of consent, to be unreasonably withholding his or her

1192

consent; or

1193

(i) Is the spouse of the person to be adopted who has

1194

failed to consent, and the failure of the spouse to consent to

1195

the adoption is excused by reason of prolonged and unexplained

1196

absence, unavailability, incapacity, or circumstances that are

1197

found by the court to constitute unreasonable withholding of

1198

consent.

1199

(4) FINDING OF ABANDONMENT.--A finding of abandonment

1200

resulting in a termination of parental rights must be based upon

1201

clear and convincing evidence that a parent or person having

1202

legal custody has abandoned the child in accordance with the

1203

definition contained in s. 63.032 s. 63.032(1). A finding of

1204

abandonment may also be based upon emotional abuse or a refusal

1205

to provide reasonable financial support, when able, to a birth

1206

mother during her pregnancy. If, in the opinion of the court, the

1207

efforts of a parent or person having legal custody of the child

1208

to support and communicate with the child are only marginal

1209

efforts that do not evince a settled purpose to assume all

1210

parental duties, the court may declare the child to be abandoned.

1211

In making this decision, the court may consider the conduct of a

1212

father toward the child's mother during her pregnancy.

1213

(a) In making a determination of abandonment at a hearing

1214

for termination of parental rights under pursuant to this

1215

chapter, the court shall must consider, among other relevant

1216

factors not inconsistent with this section:

1217

1. Whether the actions alleged to constitute abandonment

1218

demonstrate a willful disregard for the safety or welfare of the

1219

child or the unborn child;

1220

2. Whether the person alleged to have abandoned the child,

1221

while being able, failed to provide financial support;

1222

3. Whether the person alleged to have abandoned the child,

1223

while being able, failed to pay for medical treatment; and

1224

4. Whether the amount of support provided or medical

1225

expenses paid was appropriate, taking into consideration the

1226

needs of the child and relative means and resources available to

1227

the person alleged to have abandoned the child.

1228

(b) The child has been abandoned when the parent of a child

1229

is incarcerated on or after October 1, 2001, in a federal, state,

1230

or county federal correctional institution and:

1231

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

1232

expected to be incarcerated will constitute a significant

1233

substantial portion of the child's minority. In determining

1234

whether the period of time is significant, the court shall

1235

consider the child's age and the child's need for a permanent and

1236

stable home. The period of time begins on the date that the

1237

parent enters into incarceration period of time before the child

1238

will attain the age of 18 years;

1239

2. The incarcerated parent has been determined by a the

1240

court of competent jurisdiction to be a violent career criminal

1241

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

1242

defined in s. 775.084, convicted of child abuse as defined in s.

1243

827.03, or a sexual predator as defined in s. 775.21; has been

1244

convicted of first degree or second degree murder in violation of

1245

s. 782.04 or a sexual battery that constitutes a capital, life,

1246

or first degree felony violation of s. 794.011; or has been

1247

convicted of a substantially similar an offense in another

1248

jurisdiction which is substantially similar to one of the

1249

offenses listed in this subparagraph. As used in this section,

1250

the term "substantially similar offense" means any offense that

1251

is substantially similar in elements and penalties to one of

1252

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

1253

law of any other jurisdiction, whether that of another state, the

1254

District of Columbia, the United States or any possession or

1255

territory thereof, or any foreign jurisdiction; or

1256

3. The court determines by clear and convincing evidence

1257

that continuing the parental relationship with the incarcerated

1258

parent would be harmful to the child and, for this reason, that

1259

termination of the parental rights of the incarcerated parent is

1260

in the best interest of the child.

1261

(6) JUDGMENT TERMINATING PARENTAL RIGHTS PENDING

1262

ADOPTION.--

1263

(a) The judgment terminating parental rights pending

1264

adoption must be in writing and contain findings of fact as to

1265

the grounds for terminating parental rights pending adoption.

1266

(b) Within 7 days after filing, the court shall mail a copy

1267

of the judgment to the department. The clerk shall execute a

1268

certificate of the such mailing.

1269

1270

adoption legally frees the child for subsequent adoption,

1271

adjudicates the child's status, and may not be challenged by a

1272

person claiming parental status who did not establish parental

1273

rights before the filing of the petition for termination, except

1274

as specifically provided in this chapter.

1275

(7) RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.--

1276

(a) A motion for relief from a judgment terminating

1277

parental rights must be filed with the court originally entering

1278

the judgment. The motion must be filed within a reasonable time,

1279

but not later than 1 year after the entry of the judgment

1280

terminating parental rights. An unmarried biological father does

1281

not have standing to seek relief from a judgment terminating

1282

parental rights if the mother did not identify him to the

1283

adoption entity before the date she signed a consent for adoption

1284

or if he was not located because the mother failed or refused to

1285

provide sufficient information to locate him.

1286

(8) RECORDS; CONFIDENTIAL INFORMATION.--All papers and

1287

records pertaining to a petition to terminate parental rights

1288

pending adoption are related to the subsequent adoption of the

1289

minor and are subject to the provisions of s. 63.162. An

1290

unmarried biological father does not have standing to seek the

1291

court case number or access the court file if the mother did not

1292

identify him to the adoption entity before the date she signed

1293

the consent for adoption. The confidentiality provisions of this

1294

chapter do not apply to the extent information regarding persons

1295

or proceedings is must be made available as specified under s.

1296

63.088.

1297

Section 15. Subsection (1) of section 63.092, Florida

1298

Statutes, is amended to read:

1299

63.092 Report to the court of intended placement by an

1300

adoption entity; at-risk placement; preliminary study.--

1301

(1) REPORT TO THE COURT.--The adoption entity must report

1302

any intended placement of a minor for adoption with any person

1303

who is not a relative or a stepparent if the adoption entity has

1304

knowledge of, or participates in the, such intended placement.

1305

The report must be made to the court before the minor is placed

1306

in the home or within 2 business days 48 hours thereafter.

1307

Section 16. Subsections (1) and (2) of section 63.102,

1308

Florida Statutes, are amended to read:

1309

63.102 Filing of petition for adoption or declaratory

1310

statement; venue; proceeding for approval of fees and costs.--

1311

(1) PETITION FOR ADOPTION.--A petition for adoption may not

1312

be filed until after the entry of the judgment or decree

1313

terminating parental rights pending adoption under this chapter,

1314

unless the adoptee is an adult or, the petitioner is a stepparent

1315

or a relative, or the minor has been the subject of a judgment

1316

terminating parental rights under chapter 39. After a judgment

1317

terminating parental rights has been entered, a proceeding for

1318

adoption may be commenced by filing a petition entitled, "In the

1319

Matter of the Adoption of _____" in the circuit court. The person

1320

to be adopted shall be designated in the caption in the name by

1321

which he or she is to be known if the petition is granted. Except

1322

for a joint petition for the adoption of a stepchild, a relative,

1323

or an adult, any name by which the minor was previously known may

1324

not be disclosed in the petition, the notice of hearing, or the

1325

judgment of adoption, or the court docket as provided in s.

1326

63.162(3).

1327

(2) VENUE.--A petition for adoption or for a declaratory

1328

statement as to the adoption contract must shall be filed in the

1329

county where the petition for termination of parental rights was

1330

filed or granted, unless the court, in accordance with s. 47.122,

1331

changes the venue to the county where the petitioner or

1332

petitioners or the minor resides or where the adoption entity

1333

with which the minor has been placed is located. The circuit

1334

court in this state shall must retain jurisdiction over the

1335

matter until a final judgment is entered on the adoption, either

1336

within or outside the state. The Uniform Child Custody

1337

Jurisdiction and Enforcement Act does not apply until a final

1338

judgment is entered on the adoption.

1339

Section 17. Subsection (3) of section 63.122, Florida

1340

Statutes, is amended to read:

1341

63.122 Notice of hearing on petition.--

1342

(3) Upon a showing by the petitioner or parent that the

1343

privacy, safety, or and welfare of the petitioner, parent, or

1344

minor may be endangered, the court may order that the names of

1345

the petitioner, parent, or minor, or all both, to be deleted from

1346

the notice of hearing and from the copy of the petition attached

1347

thereto if, provided the substantive rights of any person are

1348

will not thereby be affected.

1349

Section 18. Subsection (4) of section 63.132, Florida

1350

Statutes, is amended to read:

1351

63.132 Affidavit of expenses and receipts.--

1352

(4) This section does not apply to an adoption by a

1353

stepparent or an adoption of a relative or adult, the

1354

finalization of an adoption of a minor if the parental rights

1355

were terminated under chapter 39, or the domestication of an

1356

adoption decree of a minor child adopted in a foreign country.

1357

Section 19. Section 63.135, Florida Statutes, is amended to

1358

read:

1359

63.135 Information under oath to be submitted to the

1360

court.--

1361

(1) The adoption entity or petitioner must file an

1362

affidavit under the Uniform Child Custody Jurisdiction and

1363

Enforcement Act in the termination of parental rights Each party

1364

in an adoption proceeding, in the first pleading or in an

1365

affidavit attached to that pleading, shall give information under

1366

oath as to the child's present address, the places where the

1367

child has lived within the last 5 years, and the names and

1368

present addresses of the persons with whom the child has lived

1369

during that period. In the pleading or affidavit each party shall

1370

further declare under oath whether:

1371

(a) The party has participated as a party or witness or in

1372

any other capacity in any other litigation concerning the custody

1373

of the same child in this or any other state;

1374

(b) The party has information of any custody proceeding

1375

concerning the child pending in a court of this or any other

1376

state; and

1377

1378

proceedings who has physical custody of the child or claims to

1379

have custody or visitation rights with respect to the child.

1380

(2) If the declaration as to any item specified in

1381

subsection (1) is in the affirmative, the declarant shall give

1382

additional information under oath as required by the court. The

1383

court may examine the parties under oath about details of the

1384

information furnished and other matters pertinent to the court's

1385

jurisdiction and judgment of adoption.

1386

(2)(3) Each party has a continuing duty to inform the court

1387

of any custody proceeding concerning the child in this or any

1388

other state about which he or she obtained information during

1389

this proceeding.

1390

Section 20. Subsections (3) and (4) of section 63.142,

1391

Florida Statutes, are amended to read:

1392

63.142 Hearing; judgment of adoption.--

1393

(3) DISMISSAL.--

1394

(a) If the petition is dismissed, further proceedings, if

1395

any, regarding the minor must be brought in a separate custody

1396

action under chapter 61, a dependency action under chapter 39, or

1397

a paternity action under chapter 742 the court shall determine

1398

the person that is to have custody of the minor.

1399

(b) If the petition is dismissed, the court shall state

1400

with specificity the reasons for the dismissal.

1401

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

1402

court determines that the date for a parent to file an appeal of

1403

a valid judgment terminating that parent's parental rights has

1404

passed and no appeal, pursuant to the Florida Rules of Appellate

1405

Procedure, is pending and that the adoption is in the best

1406

interest of the person to be adopted, a judgment of adoption

1407

shall be entered. A judgment terminating parental rights pending

1408

adoption is voidable and any later judgment of adoption of that

1409

minor is voidable if, upon a parent's motion for relief from

1410

judgment, the court finds that the adoption substantially fails

1411

to meet the requirements of this chapter. The motion must be

1412

filed within a reasonable time, but not later than 1 year after

1413

the date the judgment terminating parental rights was entered.

1414

Section 21. Section 63.192, Florida Statutes, is amended to

1415

read:

1416

63.192 Recognition of foreign judgment or decree affecting

1417

adoption.--A judgment of court terminating the relationship of

1418

parent and child or establishing the relationship by adoption, or

1419

a decree granting legal guardianship for purposes of adoption,

1420

issued pursuant to due process of law by a court or authorized

1421

body of any other jurisdiction within or without the United

1422

States shall be recognized in this state, and the rights and

1423

obligations of the parties on matters within the jurisdiction of

1424

this state shall be determined as though the judgment or decree

1425

were issued by a court of this state. A judgment or decree of a

1426

court or authorized body terminating the relationship of a parent

1427

and child, whether independent, incorporated in an adoption

1428

decree, or incorporated in a legal guardianship order issued

1429

pursuant to due process of law of any other jurisdiction within

1430

or without the United States, shall be deemed to effectively

1431

terminate parental rights for purposes of a proceeding on a

1432

petition for adoption in this state. If a minor child has been

1433

made available for adoption in a foreign state or foreign country

1434

and the parental rights of the minor child's parent have been

1435

terminated or the child has been declared to be abandoned or

1436

orphaned, no additional termination of parental rights proceeding

1437

need occur, and the adoption may be finalized according to the

1438

procedures set forth in this chapter.

1439

Section 22. Subsection (2) of section 63.212, Florida

1440

Statutes, is amended to read:

1441

63.212 Prohibited acts; penalties for violation.--

1442

(2)(a) It is unlawful for:

1443

(a) Any person or adoption entity under this chapter to:

1444

1. Knowingly provide false information; or

1445

2. Knowingly withhold material information.

1446

(b) It is unlawful for A parent, with the intent to

1447

defraud, to accept benefits related to the same pregnancy from

1448

more than one adoption entity without disclosing that fact to

1449

each entity.

1450

1451

whose rights are to be terminated intends to object to said

1452

termination to intentionally file the petition for termination of

1453

parental rights in a county inconsistent with the required venue

1454

under such circumstances.

1455

1456

Any person who willfully violates any provision of this

1457

subsection commits a misdemeanor of the second degree, punishable

1458

as provided in s. 775.082 or s. 775.083. In addition, the such

1459

person is liable for damages caused by such acts or omissions,

1460

including reasonable attorney's fees and costs. Damages may be

1461

awarded through restitution in any related criminal prosecution

1462

or by filing a separate civil action.

1463

Section 23. Section 63.236, Florida Statutes, is created to

1464

read:

1465

63.236 Petitions filed before July 1, 2008; governing

1466

law.--A petition for termination of parental rights filed before

1467

July 1, 2008, is governed by the law in effect at the time the

1468

petition was filed.

1469

Section 24. Section 742.021, Florida Statutes, is amended

1470

to read:

1471

742.021 Venue, process, complaint.--

1472

(1) The proceedings must shall be in the circuit court of

1473

the county where the plaintiff resides or of the county where the

1474

defendant resides.

1475

(2) The complaint shall assert aver sufficient facts

1476

charging the paternity of the child. Upon filing of a complaint

1477

seeking to determine paternity, the clerk of court shall issue a

1478

notice to each petitioner and to each respondent or defendant

1479

along with service of the petition. The notice must be in

1480

substantially the following form:

1481

1482

In order to preserve the right to notice and consent to

1483

the adoption of the child, an unmarried biological

1484

father must, as the "registrant," file a notarized

1485

claim of paternity form with the Florida Putative

1486

Father Registry maintained by the Office of Vital

1487

Statistics of the Department of Health which includes

1488

confirmation of his willingness and intent to support

1489

the child for whom paternity is claimed in accordance

1490

with state law. The claim of paternity may be filed at

1491

any time before the child's birth, but a claim of

1492

paternity may not be filed after the date a petition is

1493

filed for termination of parental rights.

1494

1495

(3) Process served on directed to the defendant must

1496

require shall issue forthwith requiring the defendant to file

1497

written defenses to the complaint in the same manner as suits in

1498

chancery. Upon application and proof under oath, the court may

1499

issue a writ of ne exeat against the defendant on such terms and

1500

conditions and conditioned upon bond in such amount as the court

1501

may determine.

1502

Section 25. Subsection (1) of section 742.10, Florida

1503

Statutes, is amended to read:

1504

742.10 Establishment of paternity for children born out of

1505

wedlock.--

1506

(1) Except as provided in chapters 39 and 63, this chapter

1507

provides the primary jurisdiction and procedures for the

1508

determination of paternity for children born out of wedlock. If

1509

When the establishment of paternity has been raised and

1510

determined within an adjudicatory hearing brought under the

1511

statutes governing inheritance, or dependency under workers'

1512

compensation or similar compensation programs; if, or when an

1513

affidavit acknowledging paternity or a stipulation of paternity

1514

is executed by both parties and filed with the clerk of the

1515

court; if, or when an affidavit, a notarized voluntary

1516

acknowledgment of paternity, or a voluntary acknowledgment of

1517

paternity that is witnessed by two individuals and signed under

1518

penalty of perjury as provided for in s. 382.013 or s. 382.016 is

1519

executed by both parties;, or if when paternity is adjudicated by

1520

the Department of Revenue as provided in s. 409.256, such

1521

adjudication, affidavit, or acknowledgment constitutes the

1522

establishment of paternity for purposes of this chapter. If an no

1523

adjudicatory proceeding was not held, a notarized voluntary

1524

acknowledgment of paternity or voluntary acknowledgment of

1525

paternity, which that is witnessed by two individuals and signed

1526

under penalty of perjury as specified by s. 92.525(2), creates

1527

shall create a rebuttable presumption, as defined by s. 90.304,

1528

of paternity and is subject to the right of any signatory to

1529

rescind the acknowledgment within 60 days after the date the

1530

acknowledgment was signed or the date of an administrative or

1531

judicial proceeding relating to the child, including a proceeding

1532

to establish a support order, in which the signatory is a party,

1533

whichever is earlier. Both parents must provide their social

1534

security numbers on any acknowledgment of paternity, consent

1535

affidavit, or stipulation of paternity. Except for affidavits

1536

under seal pursuant to ss. 382.015 and 382.016, the Office of

1537

Vital Statistics shall provide certified copies of affidavits to

1538

the Title IV-D agency upon request.

1539

Section 26. This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.