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A bill to be entitled

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An act relating to abandonment of a newborn infant;

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amending s. 63.0423, F.S.; deleting the requirement for a

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licensed child-placing agency to conduct a diligent search

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for the parent and obtain consent for the termination of

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parental rights; amending s. 383.50, F.S.; redefining the

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term "newborn infant" to raise the age at which an infant

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may be left anonymously from 3 to 7 days old; requiring

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that if an abandoned child is born in a hospital, the

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mother's name be left off the birth certificate upon the

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mother's request; providing an effective date.

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

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     Section 1.  Subsections (4), (5), and (6) of section

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63.0423, Florida Statutes, are amended to read:

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     63.0423  Procedures with respect to abandoned infants.--

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     (4) A parent who abandons 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 and

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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 to

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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 for

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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 abandoned in accordance with s. 383.50. A petition for

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termination of parental rights may not be granted until consent

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to adoption or an affidavit of nonpaternity has been executed by

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a parent of the abandoned infant as set forth in s. 63.062, a

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parent has failed to reclaim or claim the abandoned infant within

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the time period specified in s. 383.50, or the consent of a

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parent is otherwise waived by the court.

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     (6) A claim of parental rights to of the abandoned infant

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must be made before the court enters a judgment terminating

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parental rights to the licensed child-placing agency entity

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having legal custody of the abandoned infant or to the circuit

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court before which whom proceedings involving the abandoned

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

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infant may not be made after the judgment to terminate parental

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rights is entered, except as otherwise provided in by subsection

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(9).

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     Section 2.  Subsections (1) and (5) of section 383.50,

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Florida Statutes, are amended to read:

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     383.50  Treatment of abandoned newborn infant.--

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

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means a child that a licensed physician reasonably believes to be

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approximately 7 3 days old or younger at the time the child is

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left at a hospital, emergency medical services station, or fire

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station.

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

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or neglect, any parent who leaves a newborn infant in accordance

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with this section with a firefighter, emergency medical

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technician, or paramedic at a fire station or emergency medical

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services station, or brings a newborn infant to an emergency room

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of a hospital and expresses an intent to leave the newborn infant

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and not return, has the absolute right to remain anonymous and to

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leave at any time and may not be pursued or followed unless the

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parent seeks to reclaim the newborn infant. If the newborn infant

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is born in a hospital and the mother expresses intent to leave

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the infant and not return, upon the mother's request, the

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hospital or registrar may complete the birth certificate without

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naming the mother.

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     Section 3.  This act shall take effect July 1, 2008.