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A bill to be entitled

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An act relating to the care of children; amending s.

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20.19, F.S.; establishing the Grandparents' Liaison Office

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within the Department of Children and Family Services;

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amending s. 39.202, F.S.; authorizing physicians to obtain

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access to certain reports and records in cases of child

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abuse and neglect; amending s. 39.304, F.S.; requiring

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certain medical information relating to child abuse or

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neglect to be preserved in department records; amending s.

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61.13, F.S.; revising duties of the court relating to

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determination of child custody and visitation rights to

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exclude certain written or recorded statements and to

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include an interview with the child; amending s. 752.01,

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F.S.; revising provisions relating to grandparents'

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visitation rights to include preferences of the child and

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grandparents; amending s. 752.07, F.S.; revising

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provisions relating to grandparents' right to visitation

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to include an interview with the grandparent and the

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child; 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.  Paragraph (b) of subsection (4) of section

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20.19, Florida Statutes, is amended to read:

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     20.19  Department of Children and Family Services.--There is

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created a Department of Children and Family Services.

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     (4)  PROGRAM OFFICES AND SUPPORT OFFICES.--

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     (b)  The following program offices are established:

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     1.  Adult Services.

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     2.  Child Care Services.

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     3.  Domestic Violence.

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     4.  Economic Self-Sufficiency Services.

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     5.  Family Safety.

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     6.  Mental Health.

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     7.  Refugee Services.

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     8.  Substance Abuse.

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     9. Grandparents' Liaison.

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     Section 2.  Paragraph (r) is added to subsection (2) of

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section 39.202, Florida Statutes, to read:

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     39.202  Confidentiality of reports and records in cases of

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child abuse or neglect.--

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     (2)  Except as provided in subsection (4), access to such

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records, excluding the name of the reporter which shall be

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released only as provided in subsection (5), shall be granted

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only to the following persons, officials, and agencies:

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     (r) A physician engaged in the care or treatment of the

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child.

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     Section 3.  Subsection (4) of section 39.304, Florida

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Statutes, is amended to read:

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     39.304  Photographs, medical examinations, X rays, and

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medical treatment of abused, abandoned, or neglected child.--

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     (4)  Any photograph or report on examinations made or X rays

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taken pursuant to this section, or copies thereof, shall be sent

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to the department as soon as possible and shall be preserved in

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permanent form in records held by the department.

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     Section 4.  Paragraph (b) of subsections (2) and paragraph

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(i) of subsection (3) of section 61.13, Florida Statutes, are

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amended to read:

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     61.13  Custody and support of children; visitation rights;

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power of court in making orders.--

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     (2)

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     (b)1.  The court shall determine all matters relating to

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custody of each minor child of the parties in accordance with the

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best interests of the child and in accordance with the Uniform

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Child Custody Jurisdiction and Enforcement Act. It is the public

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policy of this state to assure that each minor child has frequent

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and continuing contact with both parents after the parents

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separate or the marriage of the parties is dissolved and to

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encourage parents to share the rights and responsibilities, and

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joys, of childrearing. After considering all relevant facts, the

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father of the child shall be given the same consideration as the

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mother in determining the primary residence of a child

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irrespective of the age or sex of the child.

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     2. The court, in determining parental responsibility and

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visitation rights or resolving any issues related to the making

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of a determination with respect to parental responsibility or

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visitation rights, shall not accept or consider a written or

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recorded statement or affidavit that purports to set forth the

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child's wishes or concerns regarding visitation matters.

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     3.2. The court shall order that the parental responsibility

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for a minor child be shared by both parents unless the court

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finds that shared parental responsibility would be detrimental to

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the child. Evidence that a parent has been convicted of a felony

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of the third degree or higher involving domestic violence, as

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defined in s. 741.28 and chapter 775, or meets the criteria of s.

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39.806(1)(d), creates a rebuttable presumption of detriment to

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the child. If the presumption is not rebutted, shared parental

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responsibility, including visitation, residence of the child, and

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decisions made regarding the child, may not be granted to the

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convicted parent. However, the convicted parent is not relieved

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of any obligation to provide financial support. If the court

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determines that shared parental responsibility would be

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detrimental to the child, it may order sole parental

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responsibility and make such arrangements for visitation as will

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best protect the child or abused spouse from further harm.

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Whether or not there is a conviction of any offense of domestic

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violence or child abuse or the existence of an injunction for

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protection against domestic violence, the court shall consider

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evidence of domestic violence or child abuse as evidence of

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detriment to the child.

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     a.  In ordering shared parental responsibility, the court

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may consider the expressed desires of the parents and may grant

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to one party the ultimate responsibility over specific aspects of

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the child's welfare or may divide those responsibilities between

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the parties based on the best interests of the child. Areas of

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responsibility may include primary residence, education, medical

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and dental care, and any other responsibilities that the court

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finds unique to a particular family.

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     b. The court, in its discretion, may interview in chambers

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any or all involved children regarding their wishes and concerns.

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If the court interviews any child concerning the child's wishes

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and concerns regarding parental responsibility or visitation

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rights, the interview shall be conducted in chambers and no

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person other than the child, the child's attorney, the judge, any

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necessary court personnel, and, in the judge's discretion, the

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attorney of each parent shall be permitted to be present in the

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chambers during the interview. No person shall obtain or attempt

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to obtain from a child a written or recorded statement or

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affidavit setting forth the wishes and concerns of the child

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regarding parental responsibility or visitation matters.

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     c.b. The court shall order "sole parental responsibility,

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with or without visitation rights, to the other parent when it is

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in the best interests of" the minor child.

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     4.3. Access to records and information pertaining to a

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minor child, including, but not limited to, medical, dental, and

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school records, may not be denied to a parent because the parent

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is not the child's primary residential parent. Full rights under

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this subparagraph apply to either parent unless a court order

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specifically revokes these rights, including any restrictions on

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these rights as provided in a domestic violence injunction. A

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parent having rights under this subparagraph has the same rights

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upon request as to form, substance, and manner of access as are

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available to the other parent of a child, including, without

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limitation, the right to in-person communication with medical,

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dental, and education providers.

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     (3)  For purposes of shared parental responsibility and

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primary residence, the best interests of the child shall include

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an evaluation of all factors affecting the welfare and interests

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of the child, including, but not limited to:

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     (i) If the court has interviewed the child in chambers,

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pursuant to sub-subparagraph (2)(b)3.b., regarding the wishes and

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concerns of the child relating to visitation by the parent who is

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not the residential parent or companionship or visitation by the

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grandparent, relative, or other person who requested

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companionship or visitation, a specific visitation schedule, or

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other parenting time or visitation matters, the wishes and

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concerns of the child, as expressed to the court. The reasonable

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preference of the child, if the court deems the child to be of

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sufficient intelligence, understanding, and experience to express

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a preference.

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     Section 5.  Paragraphs (a) and (c) of subsection (2) of

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section 752.01, Florida Statutes, are amended to read:

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     752.01  Action by grandparent for right of visitation; when

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petition shall be granted.--

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     (2)  In determining the best interest of the minor child,

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the court shall consider:

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     (a)1. The wishes of the grandparents.

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     2. The willingness of the grandparent or grandparents to

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encourage a close relationship between the child and the parent

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or parents.

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     (c) The preference of the child pursuant to s.

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61.13(2)(b)3.b. if the child is determined to be of sufficient

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maturity to express a preference.

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     Section 6.  Section 752.07, Florida Statutes, is amended to

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read:

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     752.07  Effect of adoption of child by stepparent on right

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of visitation; when right may be terminated.--When there is a

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remarriage of one of the natural parents of a minor child for

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whom visitation rights may be or may have been granted to a

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grandparent pursuant to s. 752.01, any subsequent adoption by the

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stepparent will not terminate any grandparental rights. However,

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the court may determine that termination of such visitation

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rights is in the best interest of the child and rule accordingly,

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after affording the grandparent an opportunity to be heard in

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chambers, and after interviewing the child in chambers pursuant

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to s. 61.13(2)(b)3.b.

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     Section 7.  This act shall take effect July 1, 2008.