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A bill to be entitled

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An act relating to the termination of parental rights;

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amending s. 39.806, F.S.; revising the grounds for

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terminating parental rights to include a parent's

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incarceration in a federal or county correctional

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institution or facility and the significance of the total

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period of such incarceration to a child based on the

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child's age and need for a stable home; requiring a court

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to calculate the period of incarceration beginning on the

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date that the parent enters the correctional institution

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or facility; requiring a court to consider a parent's

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failure to substantially comply with the case plan within

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12 months after the child is adjudicated dependent as

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evidence of continuing abuse, neglect, or abandonment;

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deleting a provision that provides the circumstances under

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which the 12-month period begins; 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.  Paragraphs (d) and (e) of subsection (1) of

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section 39.806, Florida Statutes, are amended to read:

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     39.806  Grounds for termination of parental rights.--

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     (1)  Grounds for the termination of parental rights may be

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established under any of the following circumstances:

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     (d)  When the parent of a child is incarcerated in a

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federal, state, or county federal correctional institution or

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facility and either:

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

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expected to be incarcerated is significant to the child such that

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it is considered abandonment under s. 39.01(1). In determining

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whether the incarceration is significant to the child, the court

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

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stable home. The court shall calculate the period of

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incarceration beginning on the date that the parent enters a

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federal, state, or county correctional institution or facility

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will constitute a substantial portion of the period of time

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before the child will attain the age of 18 years;

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     2. The incarcerated parent has been determined by a the

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court of competent jurisdiction to be a violent career criminal

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

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defined in s. 775.084, or a sexual predator as defined in s.

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775.21; has been convicted of first degree or second degree

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murder in violation of s. 782.04 or a sexual battery that

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constitutes a capital, life, or first degree felony violation of

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s. 794.011; or has been convicted of an offense in another

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jurisdiction which is substantially similar to one of the

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offenses listed in this paragraph. As used in this section, the

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term "substantially similar offense" means any offense that is

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substantially similar in elements and penalties to one of those

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

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any other jurisdiction, whether that of another state, the

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District of Columbia, the United States or any possession or

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territory thereof, or any foreign jurisdiction; or

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     3.  The court determines by clear and convincing evidence

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that continuing the parental relationship with the incarcerated

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

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termination of the parental rights of the incarcerated parent is

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in the best interest of the child.

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     (e)  When a child has been adjudicated dependent, a case

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plan has been filed with the court, and:

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     1.  The child continues to be abused, neglected, or

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abandoned by the parents. Twelve months after the In this case,

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the failure of the parents to substantially comply for a period

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of 12 months after an adjudication of the child as a dependent

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child or the child's placement into shelter care, whichever came

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first, the court shall consider the parent's failure to

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substantially comply with the case plan as constitutes evidence

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of continuing abuse, neglect, or abandonment unless the failure

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to substantially comply with the case plan was due either to the

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lack of financial resources of the parents or to the failure of

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the department to make reasonable efforts to reunify the parent

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and child. The 12-month period begins to run only after the

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child's placement into shelter care or the entry of a disposition

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order placing the custody of the child with the department or a

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person other than the parent and the approval by the court of a

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case plan with a goal of reunification with the parent, whichever

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came first; or

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     2.  The parent has materially breached the case plan by

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making it unlikely that he or she will be able to substantially

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comply with the case plan before the time for compliance expires.

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Time is of the essence for permanency of children in the

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dependency system. In order to prove the parent has materially

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breached the case plan, the court must find by clear and

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convincing evidence that the parent is unlikely or unable to

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substantially comply with the case plan before time expires to

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comply with the case plan.

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     Section 2.  This act shall take effect July 1, 2008.