HB 7007

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; amending s. 39.201, F.S.; conforming
5	terminology to changes made by the act; amending s.
6	63.0423, F.S.; providing for presumption of consent to
7	termination of parental rights in cases of surrendered
8	infants; removing a requirement that the child-placing
9	agency conduct a search to identify a parent of a
10	surrendered infant; providing an exception; conforming
11	provisions relating to granting a petition for termination
12	of parental rights; amending s. 383.50, F.S.; increasing
13	the age at which an infant is considered a newborn infant
14	for purposes of treatment after surrender; providing for
15	anonymity of the infant's parents; providing an effective
16	date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Subsection (1) and paragraph (e) of subsection
21	(31) of section 39.01, Florida Statutes, are amended to read:
22	39.01  Definitions.--When used in this chapter, unless the
23	context otherwise requires:
24	(1)  "Abandoned" means a situation in which the parent or
25	legal custodian of a child or, in the absence of a parent or
26	legal custodian, the caregiver responsible for the child's
27	welfare, while being able, makes no provision for the child's
28	support and makes no effort to communicate with the child, which
29	situation is sufficient to evince a willful rejection of
30	parental obligations. If the efforts of the parent or legal
31	custodian, or caregiver primarily responsible for the child's
32	welfare, to support and communicate with the child are, in the
33	opinion of the court, only marginal efforts that do not evince a
34	settled purpose to assume all parental duties, the court may
35	declare the child to be abandoned. The term "abandoned" does not
36	include a surrendered an abandoned newborn infant as described
37	in s. 383.50, a "child in need of services" as defined in
38	chapter 984, or a "family in need of services" as defined in
39	chapter 984. The incarceration of a parent, legal custodian, or
40	caregiver responsible for a child's welfare may support a
41	finding of abandonment.
42	(31)  "Harm" to a child's health or welfare can occur when
43	any person:
44	(e)  Abandons the child. Within the context of the
45	definition of "harm," the term "abandons the child" means that
46	the parent or legal custodian of a child or, in the absence of a
47	parent or legal custodian, the person responsible for the
48	child's welfare, while being able, makes no provision for the
49	child's support and makes no effort to communicate with the
50	child, which situation is sufficient to evince a willful
51	rejection of parental obligation. If the efforts of the parent
52	or legal custodian or person primarily responsible for the
53	child's welfare to support and communicate with the child are
54	only marginal efforts that do not evince a settled purpose to
55	assume all parental duties, the child may be determined to have
56	been abandoned. The term "abandoned" does not include a
57	surrendered an abandoned newborn infant as described in s.
58	383.50.
59	Section 2.  Paragraph (g) of subsection (2) of section
60	39.201, Florida Statutes, is amended to read:
61	39.201  Mandatory reports of child abuse, abandonment, or
62	neglect; mandatory reports of death; central abuse hotline.--
63	(2)
64	(g)  Reports involving surrendered abandoned newborn
65	infants as described in s. 383.50 shall be made and received by
66	the department.
67	1.  If the report is of a surrendered an abandoned newborn
68	infant as described in s. 383.50 and there is no indication of
69	abuse, neglect, or abandonment other than that necessarily
70	entailed in the infant having been left at a hospital, emergency
71	medical services station, or fire station, the department shall
72	provide to the caller the name of a licensed child-placing
73	agency on a rotating basis from a list of licensed child-placing
74	agencies eligible and required to accept physical custody of and
75	to place newborn infants left at a hospital, emergency medical
76	services station, or fire station. The report shall not be
77	considered a report of abuse, neglect, or abandonment solely
78	because the infant has been left at a hospital, emergency
79	medical services station, or fire station pursuant to s. 383.50.
80	2.  If the caller reports indications of abuse or neglect
81	beyond that necessarily entailed in the infant having been left
82	at a hospital, emergency medical services station, or fire
83	station, the report shall be considered as a report of abuse,
84	neglect, or abandonment and shall be subject to the requirements
85	of s. 39.395 and all other relevant provisions of this chapter,
86	notwithstanding any provisions of chapter 383.
87	Section 3.  Section 63.0423, Florida Statutes, is amended
88	to read:
89	63.0423  Procedures with respect to surrendered abandoned
90	infants.--
91	(1)  A licensed child-placing agency that takes physical
92	custody of an infant surrendered abandoned at a hospital,
93	emergency medical services station, or fire station pursuant to
94	s. 383.50, shall assume responsibility for all medical costs and
95	all other costs associated with the emergency services and care
96	of the surrendered abandoned infant from the time the licensed
97	child-placing agency takes physical custody of the surrendered
98	abandoned infant.
99	(2)  The licensed child-placing agency shall immediately
100	seek an order from the circuit court for emergency custody of
101	the surrendered abandoned infant. The emergency custody order
102	shall remain in effect until the court orders preliminary
103	approval of placement of the surrendered abandoned infant in the
104	prospective home, at which time the prospective adoptive parents
105	become guardians pending termination of parental rights and
106	finalization of adoption or until the court orders otherwise.
107	The guardianship of the prospective adoptive parents shall
108	remain subject to the right of the licensed child-placing agency
109	to remove the surrendered abandoned infant from the placement
110	during the pendency of the proceedings if such removal is deemed
111	by the licensed child-placing agency to be in the best interest
112	of the child. The licensed child-placing agency may immediately
113	seek to place the surrendered abandoned infant in a prospective
114	adoptive home.
115	(3)  The licensed child-placing agency that takes physical
116	custody of the surrendered abandoned infant shall, within 24
117	hours thereafter, request assistance from law enforcement
118	officials to investigate and determine, through the Missing
119	Children Information Clearinghouse, the National Center for
120	Missing and Exploited Children, and any other national and state
121	resources, whether or not the surrendered abandoned infant is a
122	missing child.
123	(4)  The parent who surrenders the infant in accordance
124	with s. 383.50 is presumed to have consented to termination of
125	parental rights, and express consent is not required. Except
126	when there is actual or suspected child abuse or neglect, the
127	licensed child-placing agency shall not attempt to pursue,
128	search for, or notify that parent as provided in s. 63.088 and
129	chapter 49. Within 7 days after accepting physical custody of
130	the abandoned infant, the licensed child-placing agency shall
131	initiate a diligent search to notify and to obtain consent from
132	a parent whose identity is known but whose location is unknown.
133	The diligent search must include, at a minimum, inquiries as
134	provided for in s. 63.088. Constructive notice must also be
135	provided pursuant to chapter 49 in the county where the infant
136	was abandoned. If a parent is identified and located, notice of
137	the hearing on the petition for termination of parental rights
138	shall be provided.
139	(5)  A petition for termination of parental rights under
140	this section may not be filed until 30 days after the date the
141	infant was surrendered abandoned in accordance with s. 383.50. A
142	petition for termination of parental rights may not be granted
143	until consent to adoption or an affidavit of nonpaternity has
144	been executed by a parent of the abandoned infant as set forth
145	in s. 63.062, a parent has failed to reclaim or claim the
146	surrendered abandoned infant within the time period specified in
147	s. 383.50, or the consent of a parent is otherwise waived by the
148	court.
149	(6)  A claim of parental rights of the surrendered
150	abandoned infant must be made to the entity having legal custody
151	of the surrendered abandoned infant or to the circuit court
152	before which whom proceedings involving the surrendered
153	abandoned infant are pending. A claim of parental rights of the
154	surrendered abandoned infant may not be made after the judgment
155	to terminate parental rights is entered, except as otherwise
156	provided by subsection (9).
157	(7)  If a claim of parental rights of a surrendered an
158	abandoned infant is made before the judgment to terminate
159	parental rights is entered, the circuit court may hold the
160	action for termination of parental rights pending subsequent
161	adoption in abeyance for a period of time not to exceed 60 days.
162	(a)  The court may order scientific testing to determine
163	maternity or paternity at the expense of the parent claiming
164	parental rights.
165	(b)  The court shall appoint a guardian ad litem for the
166	surrendered abandoned infant and order whatever investigation,
167	home evaluation, and psychological evaluation are necessary to
168	determine what is in the best interest of the surrendered
169	abandoned infant.
170	(c)  The court may not terminate parental rights solely on
171	the basis that the parent left the infant at a hospital,
172	emergency medical services station, or fire station in
173	accordance with s. 383.50.
174	(d)  The court shall enter a judgment with written findings
175	of fact and conclusions of law.
176	(8)  Within 7 business days after recording the judgment,
177	the clerk of the court shall mail a copy of the judgment to the
178	department, the petitioner, and the persons whose consent were
179	required, if known. The clerk shall execute a certificate of
180	each mailing.
181	(9)(a)  A judgment terminating parental rights pending
182	adoption is voidable, and any later judgment of adoption of that
183	minor is voidable, if, upon the motion of a birth parent, the
184	court finds that a person knowingly gave false information that
185	prevented the birth parent from timely making known his or her
186	desire to assume parental responsibilities toward the minor or
187	from exercising his or her parental rights. A motion under this
188	subsection must be filed with the court originally entering the
189	judgment. The motion must be filed within a reasonable time, but
190	not later than 1 year after the entry of the judgment
191	terminating parental rights.
192	(b)  No later than 30 days after the filing of a motion
193	under this subsection, the court shall conduct a preliminary
194	hearing to determine what contact, if any, will be permitted
195	between a birth parent and the child pending resolution of the
196	motion. Such contact may be allowed only if it is requested by a
197	parent who has appeared at the hearing and the court determines
198	that it is in the best interest of the child. If the court
199	orders contact between a birth parent and child, the order must
200	be issued in writing as expeditiously as possible and must state
201	with specificity any provisions regarding contact with persons
202	other than those with whom the child resides.
203	(c)  At the preliminary hearing, the court, upon the motion
204	of any party or upon its own motion, may order scientific
205	testing to determine the paternity or maternity of the minor if
206	the person seeking to set aside the judgment is alleging to be
207	the child's birth parent but has not previously been determined
208	by legal proceedings or scientific testing to be the birth
209	parent. Upon the filing of test results establishing that
210	person's maternity or paternity of the surrendered abandoned
211	infant, the court may order visitation as it deems appropriate
212	and in the best interest of the child.
213	(d)  Within 45 days after the preliminary hearing, the
214	court shall conduct a final hearing on the motion to set aside
215	the judgment and shall enter its written order as expeditiously
216	as possible thereafter.
217	(10)  Except to the extent expressly provided in this
218	section, proceedings initiated by a licensed child-placing
219	agency for the termination of parental rights and subsequent
220	adoption of a newborn left at a hospital, emergency medical
221	services station, or fire station in accordance with s. 383.50
222	shall be conducted pursuant to this chapter.
223	Section 4.  Subsections (1) and (5) of section 383.50,
224	Florida Statutes, are amended to read:
225	383.50  Treatment of surrendered abandoned newborn
226	infant.--
227	(1)  As used in this section, the term "newborn infant"
228	means a child who that a licensed physician reasonably believes
229	is to be approximately 7 3 days old or younger at the time the
230	child is left at a hospital, emergency medical services station,
231	or fire station.
232	(5)  Except when where there is actual or suspected child
233	abuse or neglect, any parent who leaves a newborn infant with a
234	firefighter, emergency medical technician, or paramedic at a
235	fire station or emergency medical services station, or brings a
236	newborn infant to an emergency room of a hospital and expresses
237	an intent to leave the newborn infant and not return, has the
238	absolute right to remain anonymous and to leave at any time and
239	may not be pursued or followed unless the parent seeks to
240	reclaim the newborn infant. When an infant is born in a hospital
241	and the mother expresses intent to leave the infant and not
242	return, upon the mother's request, the hospital or registrar
243	shall complete the infant's birth certificate without naming the
244	mother thereon.
245	Section 5.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.