CS/CS/HB 1519

1
A bill to be entitled
2An act relating to temporary and concurrent custody of a
3child; revising ch. 751, F.S., relating to petitions and
4court orders awarding the temporary custody of a child to
5an extended family member, to also provide for concurrent
6custody with the parents of the child; amending ss. 751.01
7and 751.02, F.S.; conforming provisions to changes made by
8the act; amending s. 751.011, F.S.; revising definitions;
9defining the term "concurrent custody"; amending s.
10751.03, F.S.; revising the petition for concurrent custody
11to also include specified information; amending s. 751.05,
12F.S.; providing that if a parent objects to a petition for
13concurrent custody, the court shall give the petitioner
14the option of converting the petition to one for temporary
15custody; providing for dismissal of the petition;
16providing that an order granting concurrent custody does
17not affect the ability of the parents to obtain the
18physical custody of the child at any time; providing for
19the court to terminate an order for concurrent custody if
20a parent withdraws his or her consent to the order;
21providing that the fact that an order for concurrent
22custody has been terminated does not preclude any person
23who is otherwise eligible to petition for temporary
24custody from filing such a petition; providing an
25effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Subsection (3) of section 751.01, Florida
30Statutes, is amended to read:
31     751.01  Purpose of act.--The purposes of ss. 751.01-751.05
32are to:
33     (3)  Provide temporary or concurrent custody of a minor
34child to a family member having physical custody of the minor
35child to enable the custodian to:
36     (a)  Consent to all necessary and reasonable medical and
37dental care for the child, including nonemergency surgery and
38psychiatric care.;
39     (b)  Secure copies of the child's records, held by third
40parties, that are necessary for to the care of the child,
41including, but not limited to:
42     1.  Medical, dental, and psychiatric records.;
43     2.  Birth certificates and other records.; and
44     3.  Educational records.;
45     (c)  Enroll the child in school and grant or withhold
46consent for a child to be tested or placed in special school
47programs, including exceptional education.; and
48     (d)  Do all other things necessary for the care of the
49child.
50     Section 2.  Section 751.011, Florida Statutes, is amended
51to read:
52     751.011  Definitions.--As used in this chapter ss. 751.01-
53751.05, the term:
54     (1)  "Concurrent custody" means an eligible person awarded
55custodial rights to care for the child concurrently with the
56child's parent or parents. An order granting concurrent custody
57does not eliminate or diminish the custodial rights of the
58child's parent or parents. An order of concurrent custody can
59only be issued if at least one of the child's parents consents
60in writing to the entry of the order. However, such an order
61cannot be entered if one of the child's parents objects in
62writing to the entry of the order. A person is eligible to
63obtain concurrent custody when he or she:
64     (a)  Is eligible to obtain temporary custody of a minor
65child under this chapter;
66     (b)  Currently has physical custody of the child;
67     (c)  Has had physical custody of the child for no less than
6810 days in any 30-day period within the last 12 months; and
69     (d)  Does not have signed, written documentation from a
70parent that is sufficient to enable the custodian to do all of
71the things necessary to care for the child that are available to
72custodians with an order under s. 751.05.
73     (2)  "Extended family member" means a is any person who is:
74     (a)(1)  A relative of a minor child within the third degree
75by blood or marriage to the parent; or
76     (b)(2)  The stepparent of a minor child if the stepparent
77is currently married to the parent of the child and is not a
78party in a pending dissolution, separate maintenance, domestic
79violence, or other civil or criminal proceeding in any court of
80competent jurisdiction involving one or both of the child's
81parents as an adverse party.
82     Section 3.  Section 751.02, Florida Statutes, is amended to
83read:
84     751.02  Determination of Temporary or concurrent custody
85proceedings; jurisdiction.--The following individuals may bring
86proceedings in the circuit court to determine the temporary or
87concurrent custody of a minor child:
88     (1)  Any extended family member who has the signed,
89notarized consent of the child's legal parents; or
90     (2)  Any extended family member who is caring full time for
91the child in the role of a substitute parent and with whom the
92child is presently living.
93     Section 4.  Section 751.03, Florida Statutes, is amended to
94read:
95     751.03  Petition for temporary or concurrent custody;
96contents.--Each petition for temporary or concurrent custody of
97a minor child must be verified by the petitioner, who must be an
98extended family member, and must contain statements, to the best
99of petitioner's knowledge and belief, providing showing:
100     (1)  The name, date of birth, and current address of the
101child.;
102     (2)  The names and current addresses of the child's
103parents.;
104     (3)  The names and current addresses of the persons with
105whom the child has lived during the past 5 years.;
106     (4)  The places where the child has lived during the past 5
107years.;
108     (5)  Information concerning any custody proceeding in this
109or any other state with respect to the child.;
110     (6)  The residence and post office address of the
111petitioner.;
112     (7)  The petitioner's relationship to the child.;
113     (8)  If concurrent custody is being requested, a copy of
114the written consent and any documents provided by the parent to
115assist the petitioner in obtaining services, which must be
116attached to the petition. The petition must also contain the
117following:
118     (a)  The time periods within the last 12 months within
119which the child has resided with the petitioner.
120     (b)  The type of document, if any, provided by the parent
121or parents to enable the petitioner to act on behalf of the
122child.
123     (c)  The services or actions that the petitioner is unable
124to obtain or undertake without an order of custody.
125     (d)  Whether each parent has consented in writing to the
126entry of an order of concurrent custody.
127     (9)(8)  If temporary custody is being requested, the
128consent of the child's parents, or the specific acts or
129omissions of the parents which demonstrate that the parents have
130abused, abandoned, or neglected the child as defined in chapter
13139.;
132     (10)(9)  Any temporary or permanent orders for child
133support, the court entering the order, and the case number.;
134     (11)(10)  Any temporary or permanent order for protection
135entered on behalf of or against either parent, the petitioner,
136or the child; the court entering the order; and the case
137number.;
138     (12)(11)  That it is in the best interest of the child for
139the petitioner to have custody of the child.; and
140     (13)(12)  A statement of the period of time the petitioner
141is requesting temporary or concurrent custody, including a
142statement of the reasons supporting that request.
143
144Only an extended family member may file a petition under this
145chapter.
146     Section 5.  Section 751.05, Florida Statutes, is amended to
147read:
148     751.05  Order granting temporary or concurrent custody.--
149     (1)  At the hearing on the petition for temporary or
150concurrent custody, the court must hear the evidence concerning
151a minor child's need for care by the petitioner, all other
152matters required to be set forth in the petition, and the
153objections or other testimony of the child's parents, if
154present.
155     (2)  Unless the minor child's parents object, the court
156shall award the temporary or concurrent custody of the child to
157the petitioner if when it is in the best interest of the child
158to do so.
159     (3)  If one of the minor child's parents objects to:
160     (a)  The petition for concurrent custody, the court shall
161not grant the petition. The court shall give the petitioner the
162option of converting the petition to a petition for temporary
163custody. If the petitioner so elects, the court shall set the
164matter for further hearing, provide notice to the parent or
165parents, and proceed pursuant to paragraph (b). If the petition
166is not converted into a petition for temporary custody, it shall
167be dismissed without prejudice.
168     (b)  The petition for temporary custody granting of
169temporary custody to the petitioner, the court shall grant the
170petition only upon a finding, by clear and convincing evidence,
171that the child's parent or parents are unfit to provide for the
172care and control of the child. In determining that a parent is
173unfit, the court must find that the parent has abused,
174abandoned, or neglected the child, as defined in chapter 39.
175     (4)  The order granting:
176     (a)  Concurrent custody of the minor child to the
177petitioner does not affect the ability of the child's parent or
178parents to obtain physical custody of the child at any time.
179     (b)  Temporary custody of the minor child to the petitioner
180may also grant visitation rights to the child's parent or
181parents, if it is in the best interest of the child to do so.
182     (5)(a)  The order granting temporary or concurrent custody
183of the minor child to the petitioner:
184     (a)  May not include an order for the support of the child
185unless the parent has received personal or substituted service
186of process, the petition requests an order for the support of
187the child, and there is evidence of the parent's ability to pay
188the support ordered.
189     (b)  The order granting temporary custody May redirect all
190or part of an existing child support obligation to be paid to
191the extended family member who is granted temporary or
192concurrent custody of the child. If the court redirects an
193existing child support obligation, the order granting temporary
194or concurrent custody must include, if possible, the
195determination of arrearages owed to the obligee and the person
196awarded temporary or concurrent custody and must order payment
197of the arrearages. The clerk of the circuit court in which the
198temporary custody order is entered shall transmit a certified
199copy thereof to the court originally entering the child support
200order. The temporary or concurrent custody order shall be
201recorded and filed in the original action in which child support
202was determined and become a part thereof. A copy of the
203temporary or concurrent custody order shall also be filed with
204the depository that serves as the official recordkeeper for
205support payments due under the support order. The depository
206must shall maintain separate accounts and separate account
207numbers for individual obligees.
208     (6)  At any time, either or both of the child's parents may
209petition the court to modify or terminate the order granting
210temporary custody. The court shall terminate the order upon a
211finding that the parent is a fit parent, or by consent of the
212parties. The court may modify an order granting temporary
213custody if the parties consent or if modification is in the best
214interest of the child.
215     (7)  At any time, the petitioner or either or both of the
216child's parents may petition the court to modify or terminate
217the order granting concurrent custody. The court shall terminate
218the order upon a finding that either or both of the child's
219parents object to the order. The fact that an order for
220concurrent custody has been terminated does not preclude any
221person who is otherwise eligible to petition for temporary
222custody from filing such a petition. The court may modify an
223order granting concurrent custody if the parties consent and if
224modification is in the best interest of the child.
225     Section 6.  This act shall take effect July 1, 2009.


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