1

A bill to be entitled

2

An act relating to safe haven protection for surrendered

3

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

4

definitions to conform to changes made by the act;

5

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

6

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

7

deleting the requirement for a licensed child-placing

8

agency to conduct a diligent search for the parent and

9

obtain consent for the termination of parental rights;

10

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

11

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

12

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

13

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

14

be left off the birth certificate upon the mother's

15

request; providing an effective date.

16

17

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

18

19

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

20

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

21

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

22

context otherwise requires:

23

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

24

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

25

legal custodian, the caregiver responsible for the child's

26

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

27

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

28

situation is sufficient to evince a willful rejection of parental

29

obligations. If the efforts of the parent or legal custodian, or

30

caregiver primarily responsible for the child's welfare, to

31

support and communicate with the child are, in the opinion of the

32

court, only marginal efforts that do not evince a settled purpose

33

to assume all parental duties, the court may declare the child to

34

be abandoned. The term "abandoned" does not include a surrendered

35

an abandoned newborn infant as described in s. 383.50, a "child

36

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

37

need of services" as defined in chapter 984. The incarceration of

38

a parent, legal custodian, or caregiver responsible for a child's

39

welfare may support a finding of abandonment.

40

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

41

any person:

42

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

43

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

44

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

45

parent or legal custodian, the person responsible for the child's

46

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

47

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

48

situation is sufficient to evince a willful rejection of parental

49

obligation. If the efforts of the parent or legal custodian or

50

person primarily responsible for the child's welfare to support

51

and communicate with the child are only marginal efforts that do

52

not evince a settled purpose to assume all parental duties, the

53

child may be determined to be have been abandoned. The term

54

"abandoned" does not include a surrendered an abandoned newborn

55

infant as described in s. 383.50.

56

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

57

39.201, Florida Statutes, is amended to read:

58

     39.201  Mandatory reports of child abuse, abandonment, or

59

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

60

     (2)

61

     (g) Reports involving surrendered abandoned newborn infants

62

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

63

department.

64

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

65

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

66

abuse, neglect, or abandonment other than that necessarily

67

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

68

medical services station, or fire station, the department shall

69

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

70

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

71

agencies eligible and required to accept physical custody of and

72

to place newborn infants left at a hospital, emergency medical

73

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

74

considered a report of abuse, neglect, or abandonment solely

75

because the infant has been left at a hospital, emergency medical

76

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

77

     2.  If the caller reports indications of abuse or neglect

78

beyond that necessarily entailed in the infant having been left

79

at a hospital, emergency medical services station, or fire

80

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

81

neglect, or abandonment and is shall be subject to the

82

requirements of s. 39.395 and all other relevant provisions of

83

this chapter, notwithstanding any provisions of chapter 383.

84

     Section 3.  Section 63.0423, Florida Statutes, is amended to

85

read:

86

     63.0423 Procedures with respect to surrendered abandoned

87

infants.--

88

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

89

custody of an infant surrendered abandoned at a hospital,

90

emergency medical services station, or fire station pursuant to

91

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

92

all other costs associated with the emergency services and care

93

of the surrendered abandoned infant from the time the licensed

94

child-placing agency takes physical custody of the abandoned

95

infant.

96

     (2)  The licensed child-placing agency shall immediately

97

seek an order from the circuit court for emergency custody of the

98

surrendered abandoned infant. The emergency custody order shall

99

remain in effect until the court orders preliminary approval of

100

placement of the surrendered abandoned infant in the prospective

101

home, at which time the prospective adoptive parents become

102

guardians pending termination of parental rights and finalization

103

of adoption or until the court orders otherwise. The guardianship

104

of the prospective adoptive parents shall remain subject to the

105

right of the licensed child-placing agency to remove the

106

surrendered abandoned infant from the placement during the

107

pendency of the proceedings if such removal is deemed by the

108

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

109

child. The licensed child-placing agency may immediately seek to

110

place the surrendered abandoned infant in a prospective adoptive

111

home.

112

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

113

custody of the surrendered abandoned infant shall, within 24

114

hours thereafter, request assistance from law enforcement

115

officials to investigate and determine, through the Missing

116

Children Information Clearinghouse, the National Center for

117

Missing and Exploited Children, and any other national and state

118

resources, whether or not the surrendered abandoned infant is a

119

missing child.

120

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

121

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

122

parental rights, and express consent is not required. Except

123

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

124

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

125

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

126

after accepting physical custody of the abandoned infant, the

127

licensed child-placing agency shall initiate a diligent search to

128

notify and to obtain consent from a parent whose identity is

129

known but whose location is unknown. The diligent search must

130

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

131

Constructive notice must also be provided pursuant to chapter 49

132

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

133

identified and located, notice of the hearing on the petition for

134

termination of parental rights shall be provided.

135

     (5)  A petition for termination of parental rights under

136

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

137

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

138

petition for termination of parental rights may not be granted

139

until consent to adoption or an affidavit of nonpaternity has

140

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

141

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

142

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

143

consent of a parent is otherwise waived by the court.

144

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

145

abandoned infant must be made before the court enters a judgment

146

terminating parental rights to the licensed child-placing agency

147

entity having legal custody of the abandoned infant or to the

148

circuit court before which whom proceedings involving the

149

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

150

abandoned infant may not be made after the judgment to terminate

151

parental rights is entered, except as otherwise provided in by

152

subsection (9).

153

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

154

abandoned infant is made before the judgment to terminate

155

parental rights is entered, the circuit court may hold the action

156

for termination of parental rights pending subsequent adoption in

157

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

158

     (a)  The court may order scientific testing to determine

159

maternity or paternity at the expense of the parent claiming

160

parental rights.

161

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

162

surrendered abandoned infant and order whatever investigation,

163

home evaluation, and psychological evaluation are necessary to

164

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

165

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

166

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

167

emergency medical services station, or fire station in accordance

168

with s. 383.50.

169

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

170

of fact and conclusions of law.

171

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

172

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

173

department, the petitioner, and the persons whose consent were

174

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

175

mailing.

176

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

177

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

178

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

179

court finds that a person knowingly gave false information that

180

prevented the birth parent from timely making known his or her

181

desire to assume parental responsibilities toward the minor or

182

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

183

subsection must be filed with the court originally entering the

184

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

185

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

186

parental rights.

187

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

188

motion under this subsection, the court shall conduct a

189

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

190

permitted between a birth parent and the child pending resolution

191

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

192

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

193

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

194

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

195

order must be issued in writing as expeditiously as possible and

196

must state with specificity any provisions regarding contact with

197

persons other than those with whom the child resides.

198

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

199

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

200

to determine the paternity or maternity of the minor if the

201

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

202

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

203

legal proceedings or scientific testing to be the birth parent.

204

Upon the filing of test results establishing that person's

205

maternity or paternity of the surrendered abandoned infant, the

206

court may order visitation as it deems appropriate and in the

207

best interest of the child.

208

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

209

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

210

judgment and shall enter its written order as expeditiously as

211

possible thereafter.

212

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

213

section, proceedings initiated by a licensed child-placing agency

214

for the termination of parental rights and subsequent adoption of

215

a newborn left at a hospital, emergency medical services station,

216

or fire station in accordance with s. 383.50 shall be conducted

217

pursuant to this chapter.

218

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

219

read:

220

     383.50 Treatment of surrendered abandoned newborn infant.--

221

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

222

means a child who that a licensed physician reasonably believes

223

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

224

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

225

or fire station.

226

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

227

leaves the newborn infant in accordance with this section

228

intended to leave the newborn infant and consented to termination

229

of parental rights.

230

     (3)  Each emergency medical services station or fire station

231

staffed with full-time firefighters, emergency medical

232

technicians, or paramedics shall accept any newborn infant left

233

with a firefighter, emergency medical technician, or paramedic.

234

The firefighter, emergency medical technician, or paramedic shall

235

consider these actions as implied consent to and shall:

236

     (a)  Provide emergency medical services to the newborn

237

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

238

services, and

239

     (b)  Arrange for the immediate transportation of the newborn

240

infant to the nearest hospital having emergency services.

241

242

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

243

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

244

transport a newborn infant pursuant to this section. If a newborn

245

infant is placed in the physical custody of an employee or agent

246

of a licensee or fire department, such placement shall be

247

considered implied consent for treatment and transport. A

248

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

249

licensee or fire department is immune from criminal or civil

250

liability for acting in good faith pursuant to this section.

251

Nothing in this subsection limits liability for negligence.

252

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

253

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

254

necessary emergency services and care, as defined in s.

255

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

256

accordance with this section. The hospital or any of its licensed

257

health care professionals shall consider these actions as implied

258

consent for treatment, and a hospital accepting physical custody

259

of a newborn infant may has implied consent to perform all

260

necessary emergency services and care. The hospital or any of its

261

licensed health care professionals is immune from criminal or

262

civil liability for acting in good faith in accordance with this

263

section. Nothing in this subsection limits liability for

264

negligence.

265

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

266

abuse or neglect, any parent who surrenders leaves a newborn

267

infant in accordance with this section with a firefighter,

268

emergency medical technician, or paramedic at a fire station or

269

emergency medical services station, or brings a newborn infant to

270

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

271

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

272

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

273

or followed unless the parent seeks to reclaim the newborn

274

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

275

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

276

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

277

the birth certificate without naming the mother.

278

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

279

emergency medical services station, or fire station under this

280

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

281

enters a judgment terminating his or her parental rights. A claim

282

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

283

or legal custody of the newborn infant or to the circuit court

284

before whom proceedings involving the newborn infant are pending.

285

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

286

hospital shall immediately contact a local licensed child-placing

287

agency or alternatively contact the statewide central abuse

288

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

289

purposes of transferring physical custody of the newborn infant.

290

The hospital shall notify the licensed child-placing agency that

291

a newborn infant has been left with the hospital and

292

approximately when the licensed child-placing agency can take

293

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

294

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

295

licensed health care professionals shall report the actual or

296

suspected child abuse or neglect in accordance with ss. 39.201

297

and 395.1023 in lieu of contacting a licensed child-placing

298

agency.

299

     (8)  Any newborn infant admitted to a hospital in accordance

300

with this section is presumed eligible for coverage under

301

Medicaid, subject to federal rules.

302

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

303

services station, or fire station in accordance with this section

304

shall not be deemed abandoned and subject to reporting and

305

investigation requirements under s. 39.201 unless there is actual

306

or suspected child abuse or until the department takes physical

307

custody of the child.

308

     (10)  A criminal investigation shall not be initiated solely

309

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

310

unless there is actual or suspected child abuse or neglect.

311

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