CS/HB 387

1
A bill to be entitled
2An act relating to child visitation; amending s. 39.0139,
3F.S.; revising legislative intent; requiring probable
4cause of sexual abuse in order to create a presumption of
5detriment; providing that persons meeting specified
6criteria may not visit or have contact with a child
7without a hearing and court order; revising requirements
8for hearing seeking to rebut a presumption of detriment;
9revising provisions relating to hearings on whether to
10prohibit or restrict visitation or other contact with the
11person who is alleged to have influenced a child's
12testimony; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Paragraph (b) of subsection (2) and subsections
17(3), (4), and (6) of section 39.0139, Florida Statutes, are
18amended to read:
19     39.0139  Visitation or other contact; restrictions.-
20     (2)  LEGISLATIVE FINDINGS AND INTENT.-
21     (b)  It is the intent of the Legislature to protect
22children and reduce the risk of further harm to children who
23have been sexually abused or exploited by a parent or other
24caregiver by placing additional requirements on judicial
25determinations related to contact between a parent or caregiver
26who meets the criteria under paragraph (3)(a) and a child victim
27in any proceeding pursuant to this chapter visitation and other
28contact.
29     (3)  PRESUMPTION OF DETRIMENT.-
30     (a)  A rebuttable presumption of detriment to a child is
31created when a parent or caregiver:
32     1.  A court of competent jurisdiction has found probable
33cause exists that a parent or caregiver has sexually abused a
34child Has been the subject of a report to the child abuse
35hotline alleging sexual abuse of any child as defined in s.
3639.01;
37     2.  A parent or caregiver has been found guilty of,
38regardless of adjudication, or has entered a plea of guilty or
39nolo contendere to, charges under the following statutes or
40substantially similar statutes of other jurisdictions:
41     a.  Section 787.04, relating to removing minors from the
42state or concealing minors contrary to court order;
43     b.  Section 794.011, relating to sexual battery;
44     c.  Section 798.02, relating to lewd and lascivious
45behavior;
46     d.  Chapter 800, relating to lewdness and indecent
47exposure;
48     e.  Section 826.04, relating to incest; or
49     f.  Chapter 827, relating to the abuse of children; or
50     3.  A court of competent jurisdiction has been determined a
51parent or caregiver by a court to be a sexual predator as
52defined in s. 775.21 or a parent or caregiver has received a
53substantially similar designation under laws of another
54jurisdiction.
55     (b)  For purposes of this subsection, "substantially
56similar" has the same meaning as in s. 39.806(1)(d)2.
57     (c)  A person who meets any of the criteria set forth in
58paragraph (a) may not visit or have contact with a child without
59a hearing and order by the court.
60     (4)  HEARINGS.-A person who meets any of the criteria set
61forth in paragraph (3)(a) who seeks to begin or resume contact
62with the child victim shall have the right to an evidentiary
63hearing to determine whether contact is appropriate may visit or
64have other contact with a child only after a hearing and an
65order by the court that allows the visitation or other contact.
66At such a hearing:
67     (a)  Prior to the hearing, the court shall The court must
68appoint an attorney ad litem or a guardian ad litem for the
69child if one has not already been appointed. Any attorney ad
70litem or guardian ad litem appointed shall have special training
71in the dynamics of child sexual abuse.
72     (b)  At the hearing, the court may receive and rely upon
73any relevant and material evidence submitted to the extent of
74its probative value, including written and oral reports or
75recommendations from the child protective team, the child's
76therapist, the child's guardian ad litem, or the child's
77attorney ad litem, to the extent of its probative value in its
78effort to determine the action to be taken with regard to the
79child, even if these reports, recommendations, and evidence may
80not be admissible under the rules of evidence competent in an
81adjudicatory hearing.
82     (c)  If the court finds the person proves by clear and
83convincing evidence that the safety, well-being, and physical,
84mental, and emotional health of the child is not endangered by
85such visitation or other contact, the presumption in subsection
86(3) is rebutted and the court may allow visitation or other
87contact. The court shall enter a written order setting forth
88findings of fact and specifying any conditions it finds
89necessary to protect the child.
90     (d)  If the court finds the person did not rebut the
91presumption established in subsection (3), the court shall enter
92a written order setting forth findings of fact and prohibiting
93or restricting visitation or other contact with the child.
94     (6)  ADDITIONAL CONSIDERATIONS.-
95     (a)  Once a rebuttable presumption of detriment has arisen
96under subsection (3) or if visitation is ordered under
97subsection (4) and If a party or participant, based on
98communication with the child or other firsthand knowledge,
99informs the court that a person is attempting to influence the
100testimony of the child, the court shall hold a hearing within 7
101business days to immediately suspend visitation or other
102contact. The court shall then hold a hearing and determine
103whether it is in the best interests of the child to prohibit or
104restrict visitation or other contact with the person who is
105alleged to have influenced the testimony of the child.
106     (b)  If a child is in therapy as a result of any finding of
107the allegations or conviction convictions contained in paragraph
108(3)(a) and the child's therapist reports that the visitation or
109other contact is impeding the child's therapeutic progress, the
110court shall convene a hearing within 7 business days to review
111the terms, conditions, or appropriateness of continued
112visitation or other contact.
113     Section 2.  This act shall take effect July 1, 2011.


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