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

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recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsection (1) and paragraph (e) of subsection

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(31) of section 39.01, Florida Statutes, are amended to read:

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     39.01  Definitions.--When used in this chapter, unless the

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context otherwise requires:

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     (1)  "Abandoned" means a situation in which the parent or

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legal custodian of a child or, in the absence of a parent or

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legal custodian, the caregiver responsible for the child's

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welfare, while being able, makes no provision for the child's

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support and makes no effort to communicate with the child, which

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situation is sufficient to evince a willful rejection of

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parental obligations. If the efforts of the parent or legal

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custodian, or caregiver primarily responsible for the child's

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welfare, to support and communicate with the child are, in the

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opinion of the court, only marginal efforts that do not evince a

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settled purpose to assume all parental duties, the court may

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declare the child to be abandoned. The term "abandoned" does not

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include a surrendered an abandoned newborn infant as described

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in s. 383.50, a "child in need of services" as defined in

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chapter 984, or a "family in need of services" as defined in

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chapter 984. The incarceration of a parent, legal custodian, or

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caregiver responsible for a child's welfare may support a

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finding of abandonment.

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     (31)  "Harm" to a child's health or welfare can occur when

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any person:

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     (e)  Abandons the child. Within the context of the

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definition of "harm," the term "abandons the child" means that

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the parent or legal custodian of a child or, in the absence of a

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parent or legal custodian, the person responsible for the

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child's welfare, while being able, makes no provision for the

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child's support and makes no effort to communicate with the

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child, which situation is sufficient to evince a willful

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rejection of parental obligation. If the efforts of the parent

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or legal custodian or person primarily responsible for the

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child's welfare to support and communicate with the child are

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only marginal efforts that do not evince a settled purpose to

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assume all parental duties, the child may be determined to be

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have been abandoned. The term "abandoned" does not include a

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surrendered an abandoned newborn infant as described in s.

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383.50.

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     Section 2.  Paragraph (g) of subsection (2) of section

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39.201, Florida Statutes, is amended to read:

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     39.201  Mandatory reports of child abuse, abandonment, or

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neglect; mandatory reports of death; central abuse hotline.--

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     (2)

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     (g) Reports involving surrendered abandoned newborn

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infants as described in s. 383.50 shall be made and received by

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the department.

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     1. If the report is of a surrendered an abandoned newborn

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infant as described in s. 383.50 and there is no indication of

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abuse, neglect, or abandonment other than that necessarily

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entailed in the infant having been left at a hospital, emergency

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medical services station, or fire station, the department shall

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provide to the caller the name of a licensed child-placing

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agency on a rotating basis from a list of licensed child-placing

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agencies eligible and required to accept physical custody of and

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to place newborn infants left at a hospital, emergency medical

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services station, or fire station. The report may shall not be

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considered a report of abuse, neglect, or abandonment solely

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because the infant has been left at a hospital, emergency

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medical services station, or fire station pursuant to s. 383.50.

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     2.  If the caller reports indications of abuse or neglect

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beyond that necessarily entailed in the infant having been left

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at a hospital, emergency medical services station, or fire

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station, the report shall be considered as a report of abuse,

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neglect, or abandonment and is shall be subject to the

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requirements of s. 39.395 and all other relevant provisions of

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this chapter, notwithstanding any provisions of chapter 383.

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     Section 3.  Section 63.0423, Florida Statutes, is amended

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to read:

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     63.0423 Procedures with respect to surrendered abandoned

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infants.--

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     (1)  A licensed child-placing agency that takes physical

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custody of an infant surrendered abandoned at a hospital,

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emergency medical services station, or fire station pursuant to

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s. 383.50, shall assume responsibility for all medical costs and

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all other costs associated with the emergency services and care

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of the surrendered abandoned infant from the time the licensed

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child-placing agency takes physical custody of the abandoned

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infant.

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     (2)  The licensed child-placing agency shall immediately

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seek an order from the circuit court for emergency custody of

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the surrendered abandoned infant. The emergency custody order

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shall remain in effect until the court orders preliminary

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approval of placement of the surrendered abandoned infant in the

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prospective home, at which time the prospective adoptive parents

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become guardians pending termination of parental rights and

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finalization of adoption or until the court orders otherwise.

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The guardianship of the prospective adoptive parents shall

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remain subject to the right of the licensed child-placing agency

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to remove the surrendered abandoned infant from the placement

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during the pendency of the proceedings if such removal is deemed

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by the licensed child-placing agency to be in the best interest

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of the child. The licensed child-placing agency may immediately

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seek to place the surrendered abandoned infant in a prospective

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adoptive home.

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     (3)  The licensed child-placing agency that takes physical

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custody of the surrendered abandoned infant shall, within 24

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hours thereafter, request assistance from law enforcement

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officials to investigate and determine, through the Missing

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Children Information Clearinghouse, the National Center for

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Missing and Exploited Children, and any other national and state

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resources, whether or not the surrendered abandoned infant is a

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missing child.

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     (4) A parent who surrenders a newborn infant in accordance

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with s. 383.50 is presumed to have consented to termination of

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parental rights, and express consent is not required. Except

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where there is actual or suspected child abuse or neglect, the

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licensed child-placing agency may not attempt to search for or

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notify the parent as required under s. 63.088. Within 7 days

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after accepting physical custody of the abandoned infant, the

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licensed child-placing agency shall initiate a diligent search

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to notify and to obtain consent from a parent whose identity is

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known but whose location is unknown. The diligent search must

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include, at a minimum, inquiries as provided for in s. 63.088.

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Constructive notice must also be provided pursuant to chapter 49

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in the county where the infant was abandoned. If a parent is

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identified and located, notice of the hearing on the petition

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for termination of parental rights shall be provided.

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     (5)  A petition for termination of parental rights under

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this section may not be filed until 30 days after the date the

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infant was surrendered abandoned in accordance with s. 383.50. A

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petition for termination of parental rights may not be granted

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until consent to adoption or an affidavit of nonpaternity has

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been executed by a parent of the abandoned infant as set forth

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in s. 63.062, a parent has failed to reclaim or claim the

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abandoned infant within the time period specified in s. 383.50,

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or the consent of a parent is otherwise waived by the court.

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     (6) A claim of parental rights to the surrendered of the

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abandoned infant must be made before the court enters a judgment

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terminating parental rights to the licensed child-placing agency

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entity having legal custody of the abandoned infant or to the

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circuit court before which whom proceedings involving the

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abandoned infant are pending. A claim of parental rights of the

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abandoned infant may not be made after the judgment to terminate

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parental rights is entered, except as otherwise provided in by

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subsection (9).

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     (7) If a claim of parental rights of a surrendered an

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abandoned infant is made before the judgment to terminate

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parental rights is entered, the circuit court may hold the

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action for termination of parental rights pending subsequent

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adoption in abeyance for a period of time not to exceed 60 days.

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     (a)  The court may order scientific testing to determine

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maternity or paternity at the expense of the parent claiming

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parental rights.

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     (b)  The court shall appoint a guardian ad litem for the

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surrendered abandoned infant and order whatever investigation,

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home evaluation, and psychological evaluation are necessary to

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determine what is in the best interest of the abandoned infant.

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     (c)  The court may not terminate parental rights solely on

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the basis that the parent left the infant at a hospital,

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emergency medical services station, or fire station in

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accordance with s. 383.50.

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     (d)  The court shall enter a judgment with written findings

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of fact and conclusions of law.

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     (8)  Within 7 business days after recording the judgment,

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the clerk of the court shall mail a copy of the judgment to the

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department, the petitioner, and the persons whose consent were

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required, if known. The clerk shall execute a certificate of

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each mailing.

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     (9)(a)  A judgment terminating parental rights pending

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adoption is voidable, and any later judgment of adoption of that

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minor is voidable, if, upon the motion of a birth parent, the

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court finds that a person knowingly gave false information that

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prevented the birth parent from timely making known his or her

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desire to assume parental responsibilities toward the minor or

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from exercising his or her parental rights. A motion under this

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subsection must be filed with the court originally entering the

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

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not later than 1 year after the entry of the judgment

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terminating parental rights.

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     (b) Within No later than 30 days after the filing of a

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motion under this subsection, the court shall conduct a

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preliminary hearing to determine what contact, if any, will be

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permitted between a birth parent and the child pending

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resolution of the motion. Such contact may be allowed only if it

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is requested by a parent who has appeared at the hearing and the

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court determines that it is in the best interest of the child.

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If the court orders contact between a birth parent and child,

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the order must be issued in writing as expeditiously as possible

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and must state with specificity any provisions regarding contact

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with persons other than those with whom the child resides.

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     (c)  At the preliminary hearing, the court, upon the motion

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of any party or upon its own motion, may order scientific

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testing to determine the paternity or maternity of the minor if

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the person seeking to set aside the judgment is alleging to be

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the child's birth parent but has not previously been determined

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by legal proceedings or scientific testing to be the birth

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parent. Upon the filing of test results establishing that

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person's maternity or paternity of the surrendered abandoned

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infant, the court may order visitation as it deems appropriate

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and in the best interest of the child.

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     (d)  Within 45 days after the preliminary hearing, the

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court shall conduct a final hearing on the motion to set aside

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the judgment and shall enter its written order as expeditiously

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as possible thereafter.

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     (10) Except as to the extent expressly provided in this

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section, proceedings initiated by a licensed child-placing

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agency for the termination of parental rights and subsequent

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adoption of a newborn left at a hospital, emergency medical

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services station, or fire station in accordance with s. 383.50

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shall be conducted pursuant to this chapter.

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     Section 4.  Section 383.50, Florida Statutes, is amended to

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read:

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     383.50 Treatment of surrendered abandoned newborn

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infant.--

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     (1)  As used in this section, the term "newborn infant"

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means a child who that a licensed physician reasonably believes

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is to be approximately 7 3 days old or younger at the time the

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child is left at a hospital, emergency medical services station,

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or fire station.

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     (2) There is a presumption that the parent who surrenders

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a leaves the newborn infant in accordance with this section

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intended to leave the newborn infant and consented to

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termination of parental rights.

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     (3)  Each emergency medical services station or fire

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station staffed with full-time firefighters, emergency medical

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technicians, or paramedics shall accept any newborn infant left

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with a firefighter, emergency medical technician, or paramedic.

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The firefighter, emergency medical technician, or paramedic

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shall consider these actions as implied consent to and shall:

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     (a)  Provide emergency medical services to the newborn

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infant to the extent he or she is trained to provide those

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services, and

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     (b)  Arrange for the immediate transportation of the

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newborn infant to the nearest hospital having emergency

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services.

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A licensee as defined in s. 401.23, a fire department, or an

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employee or agent of a licensee or fire department may treat and

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transport a newborn infant pursuant to this section. If a

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newborn infant is placed in the physical custody of an employee

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or agent of a licensee or fire department, such placement shall

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be considered implied consent for treatment and transport. A

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licensee, a fire department, or an employee or agent of a

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licensee or fire department is immune from criminal or civil

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liability for acting in good faith pursuant to this section.

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Nothing in this subsection limits liability for negligence.

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     (4) Each hospital of this state subject to s. 395.1041

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shall, and any other hospital may, admit and provide all

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necessary emergency services and care, as defined in s.

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395.002(9), to any newborn infant left with the hospital in

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accordance with this section. The hospital or any of its

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licensed health care professionals shall consider these actions

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as implied consent for treatment, and a hospital accepting

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physical custody of a newborn infant may has implied consent to

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perform all necessary emergency services and care. The hospital

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or any of its licensed health care professionals is immune from

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criminal or civil liability for acting in good faith in

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accordance with this section. Nothing in this subsection limits

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liability for negligence.

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     (5) Except when where there is actual or suspected child

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abuse or neglect, any parent who surrenders leaves a newborn

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infant in accordance with this section with a firefighter,

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emergency medical technician, or paramedic at a fire station or

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emergency medical services station, or brings a newborn infant

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to an emergency room of a hospital and expresses an intent to

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leave the newborn infant and not return, has the absolute right

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to remain anonymous and to leave at any time and may not be

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pursued or followed unless the parent seeks to reclaim the

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newborn infant. If the newborn infant is born in a hospital and

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the mother expresses intent to leave the infant and not return,

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upon the mother's request, the hospital or registrar shall

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complete the birth certificate without naming the mother.

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     (6)  A parent of a newborn infant left at a hospital,

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emergency medical services station, or fire station under this

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section may claim his or her newborn infant up until the court

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enters a judgment terminating his or her parental rights. A

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claim to the newborn infant must be made to the entity having

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physical or legal custody of the newborn infant or to the

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circuit court before whom proceedings involving the newborn

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infant are pending.

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     (7)  Upon admitting a newborn infant under this section,

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the hospital shall immediately contact a local licensed child-

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placing agency or alternatively contact the statewide central

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abuse hotline for the name of a licensed child-placing agency

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for purposes of transferring physical custody of the newborn

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infant. The hospital shall notify the licensed child-placing

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agency that a newborn infant has been left with the hospital and

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approximately when the licensed child-placing agency can take

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physical custody of the child. If In cases where there is actual

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or suspected child abuse or neglect, the hospital or any of its

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licensed health care professionals shall report the actual or

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suspected child abuse or neglect in accordance with ss. 39.201

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and 395.1023 in lieu of contacting a licensed child-placing

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agency.

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     (8)  Any newborn infant admitted to a hospital in

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accordance with this section is presumed eligible for coverage

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under Medicaid, subject to federal rules.

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     (9)  A newborn infant left at a hospital, emergency medical

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services station, or fire station in accordance with this

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section shall not be deemed abandoned and subject to reporting

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and investigation requirements under s. 39.201 unless there is

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actual or suspected child abuse or until the department takes

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physical custody of the child.

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     (10) A criminal investigation may shall not be initiated

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solely because a newborn infant is left at a hospital under this

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section unless there is actual or suspected child abuse or

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neglect.

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     Section 5.  This act shall take effect July 1, 2008.

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

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to safe haven protection for surrendered

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newborn infants; amending s. 39.01, F.S.; revising

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definitions to conform to changes made by the act;

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amending s. 39.201, F.S.; conforming terminology to

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changes made by the act; amending s. 63.0423, F.S.;

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deleting the requirement for a licensed child-placing

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agency to conduct a diligent search for the parent and

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obtain consent for the termination of parental rights;

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amending s. 383.50, F.S.; redefining the term "newborn

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infant" to raise the age at which an infant may be left

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anonymously from 3 to 7 days old; requiring that if a

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surrendered child is born in a hospital, the mother's name

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be left off the birth certificate upon the mother's

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request; providing an effective date.

3/11/2008  9:42:00 AM     586-04726-08