Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 774
Ì820270sÎ820270
LEGISLATIVE ACTION
Senate . House
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The Committee on Children, Families, and Elder Affairs (Bean)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraphs (n), (o), and (p) of subsection (1)
6 of section 39.001, Florida Statutes, are redesignated as
7 paragraphs (o), (p), and (q), respectively, and a new paragraph
8 (n) is added to that subsection to read:
9 39.001 Purposes and intent; personnel standards and
10 screening.—
11 (1) PURPOSES OF CHAPTER.—The purposes of this chapter are:
12 (n) Whenever possible, to ensure that children have the
13 benefit of loving and caring relationships with both of their
14 parents. To that end, parents should be engaged to the fullest
15 extent possible in the lives of their children and prospective
16 parents should be afforded a prompt, full, and fair opportunity
17 to establish a parental relationship with their children and
18 assume all parental duties. A prospective parent who is an
19 unmarried biological father has the same rights under this
20 chapter as under chapter 63. Accordingly, his interest is
21 inchoate until he demonstrates a timely and full commitment to
22 the responsibilities of parenthood. Because time is of the
23 essence under this chapter, and the time limitations belong to
24 the child and not to the parent or to any prospective parent,
25 prospective parents, including unmarried biological parents,
26 must be aware that failure to comply with the specific
27 requirements of this chapter may result in permanent elimination
28 or termination of their rights or interests as actual or
29 inchoate parents or prospective parents.
30 Section 2. Subsection (50) of section 39.01, Florida
31 Statutes, is amended, subsection (81) is renumbered as
32 subsection (82), and a new subsection (81) is added to that
33 section, to read:
34 39.01 Definitions.—When used in this chapter, unless the
35 context otherwise requires:
36 (50) “Parent” means a woman who gives birth to a child and
37 a man whose consent to the adoption of the child would be
38 required under s. 63.062(1). The term “parent” also means legal
39 father as defined in this section. If a child has been legally
40 adopted, the term “parent” means the adoptive mother or father
41 of the child. For purposes of this chapter only, when the phrase
42 “parent or legal custodian” is used, it refers to rights or
43 responsibilities of the parent and, only if there is no living
44 parent with intact parental rights, to the rights or
45 responsibilities of the legal custodian who has assumed the role
46 of the parent. The term does not include an individual whose
47 parental relationship to the child has been legally terminated,
48 or an alleged or prospective parent, unless:
49 (a) The parental status falls within the terms of s.
50 39.503(1) or s. 63.062(1); or
51 (b) parental status is applied for the purpose of
52 determining whether the child has been abandoned.
53 (81) “Unmarried biological father” means the child’s
54 biological father who is not married to the child’s mother at
55 the time of conception or on the date of the birth of the child
56 and who, before the advisory hearing is held on a petition to
57 terminate parental rights, has not been adjudicated or declared
58 by a court of competent jurisdiction to be the legal father of
59 the child or has not executed an affidavit pursuant to s.
60 382.013(2)(c).
61 Section 3. Paragraph (c) of subsection (8) of section
62 39.402, Florida Statutes, is amended to read:
63 39.402 Placement in a shelter.—
64 (8)
65 (c) At the shelter hearing, the court shall:
66 1. Appoint a guardian ad litem to represent the best
67 interest of the child, unless the court finds that such
68 representation is unnecessary;
69 2. Inform the parents or legal custodians of their right to
70 counsel to represent them at the shelter hearing and at each
71 subsequent hearing or proceeding, and the right of the parents
72 to appointed counsel, pursuant to the procedures set forth in s.
73 39.013;
74 3. Give the parents or legal custodians an opportunity to
75 be heard and to present evidence; and
76 4. Inquire of those present at the shelter hearing as to
77 the identity and location of the legal father. In determining
78 who the legal father of the child may be, the court shall
79 inquire under oath of those present at the shelter hearing
80 whether they have any of the following information regarding the
81 identity of any man:
82 a. To whom the mother of the child was married at any time
83 when conception of the child may have occurred or at the time of
84 the birth of the child.
85 b. Who has filed an affidavit of paternity pursuant to s.
86 382.013(2)(c) before an advisory hearing is held on a petition
87 for termination of parental rights.
88 c. Who has adopted the child.
89 d. Who has been adjudicated by a court of competent
90 jurisdiction as the father of the child before an advisory
91 hearing is held on a petition for termination of parental
92 rights.
93 e. Whom the mother identified as the father under oath to a
94 representative of the department.
95 a. Whether the mother of the child was married at the
96 probable time of conception of the child or at the time of birth
97 of the child.
98 f.b. With whom Whether the mother was cohabiting with a
99 male at the probable time of conception of the child.
100 g.c. Who claims to be the father and from whom Whether the
101 mother has received payments or promises of support with respect
102 to the child or because of her pregnancy from a man who claims
103 to be the father.
104 h.d. Whom Whether the mother has named any man as the
105 father on the birth certificate of the child or in connection
106 with applying for or receiving public assistance.
107 i.e. Who Whether any man has acknowledged or claimed
108 paternity of the child in a jurisdiction in which the mother
109 resided at the time of or since conception of the child or in
110 which the child has resided or resides.
111 j.f. Who Whether a man is named on the birth certificate of
112 the child pursuant to s. 382.013(2).
113 k.g. Who Whether a man has been determined by a court order
114 to be the father of the child.
115 l.h. Who Whether a man has been determined to be the father
116 of the child by the Department of Revenue as provided in s.
117 409.256.
118 Section 4. Subsections (7) through (19) of section 39.502,
119 Florida Statutes, are renumbered as subsections (8) through
120 (20), respectively, subsection (1) and present subsection (9) of
121 that section are amended, and a new subsection (7) is added to
122 that section, to read:
123 39.502 Notice, process, and service.—
124 (1) Unless parental rights have been terminated, all
125 parents must be notified of all proceedings or hearings
126 involving the child. Notice in cases involving shelter hearings
127 and hearings resulting from medical emergencies must be that
128 most likely to result in actual notice to the parents. In all
129 other dependency proceedings, notice must be provided in
130 accordance with subsections (4)-(10) (4)-(9), except when a
131 relative requests notification pursuant to s. 39.301(14)(b), in
132 which case notice shall be provided pursuant to subsection (20)
133 (19).
134 (7)(a) If a child does not have a legal father, notice of
135 the petition for dependency shall be personally served upon any
136 known and locatable unmarried biological father who is
137 identified under oath before the court or who is identified by a
138 diligent search of the Florida Putative Father Registry. Service
139 of the notice of the petition for dependency is not required if
140 the unmarried biological father signs an affidavit of
141 nonpaternity or a consent to termination of his parental rights
142 and such affidavit or consent is accepted by the department. The
143 recipient of the notice may waive service of process by
144 executing a waiver and acknowledging receipt of the notice.
145 (b) The notice of petition for dependency must specifically
146 state that if the unmarried biological father desires to assert
147 his parental rights to acquire standing to contest the
148 dependency petition he must, within 30 days after service:
149 1. File a claim of paternity with the Florida Putative
150 Father Registry pursuant to instructions provided for submitting
151 a claim of paternity form to the Office of Vital Statistics,
152 including the address to which the claim must be sent.
153 2. Legally establish his parental rights to the child
154 pursuant to the laws of the state.
155 3. File a verified response with the court which contains a
156 pledge of commitment to the child, a request for the court to
157 calculate and order child support, and an agreement to submit to
158 the court’s jurisdiction.
159 4. Provide support for the child as calculated by the court
160 under s. 61.30.
161 5. Seek to establish a substantial relationship with the
162 child within the parameters established by court order. An
163 unmarried biological father must develop a substantial
164 relationship with the child by taking parental responsibility
165 for the child and the child’s future; providing financial
166 support to the child in accordance with his ability, if not
167 prevented from doing so by the person or authorized agency
168 having lawful custody of the child; and establishing or
169 maintaining regular contact with the child in accordance with a
170 written court order. An order for visitation or other contact
171 may be entered by the court if the court determines that such
172 contact will not endanger the safety, well-being, or physical,
173 mental, or emotional health of the child. The court may consider
174 the results of any home study in making such determination.
175 (c) The court shall determine whether the unmarried
176 biological father took the steps necessary to assert his
177 parental rights to acquire standing to contest the dependency
178 petition pursuant to paragraph (b) and, if not, the court shall
179 enter a finding that the unmarried biological father is no
180 longer a prospective parent or participant, may not contest the
181 petition for dependency or any subsequent petition for
182 termination of parental rights, and is no longer entitled to any
183 further notice of proceedings regarding the child unless
184 otherwise ordered by the court.
185 (d) If an unmarried biological father is not identified
186 pursuant to the inquiry under section 39.503, the unmarried
187 biological father’s claim that he did not receive actual notice
188 of the dependency proceeding is not a defense to a finding that
189 the child is dependent.
190 (10)(9) When an affidavit of diligent search has been filed
191 under subsection (9) (8), the petitioner shall continue to
192 search for and attempt to serve the person sought until excused
193 from further search by the court. The petitioner shall report on
194 the results of the search at each court hearing until the person
195 is identified or located or further search is excused by the
196 court.
197 Section 5. Section 39.503, Florida Statutes, is amended to
198 read:
199 39.503 Identity or location of parent unknown; special
200 procedures.—
201 (1) If the identity or location of a parent is unknown and
202 a petition for dependency or shelter is filed, the court shall
203 conduct under oath the following inquiry of the parent or legal
204 custodian who is available, or, if no parent or legal custodian
205 is available, of any relative or custodian of the child who is
206 present at the hearing and likely to have any of the following
207 information regarding the identity of any man:
208 (a) To whom the mother of the minor was married at any time
209 when conception of the child may have occurred or at the time of
210 the birth of the child.
211 (b) Who has filed an affidavit of paternity pursuant to s.
212 382.013(2)(c) before an advisory hearing is held on a petition
213 for termination of parental rights.
214 (c) Who has adopted the child.
215 (d) Who has been adjudicated by a court of competent
216 jurisdiction as the father of the child before an advisory
217 hearing is held on a petition for termination of parental
218 rights.
219 (e) Whom the mother identified as the father under oath to
220 a representative of the department.
221 (a) Whether the mother of the child was married at the
222 probable time of conception of the child or at the time of birth
223 of the child.
224 (f)(b) With whom Whether the mother was cohabiting with a
225 male at the probable time of conception of the child.
226 (g)(c) Who claims to be the father and from whom Whether
227 the mother has received payments or promises of support with
228 respect to the child or because of her pregnancy from a man who
229 claims to be the father.
230 (h)(d) Who Whether the mother has named any man as the
231 father on the birth certificate of the child or in connection
232 with applying for or receiving public assistance.
233 (i)(e) Who Whether any man has acknowledged or claimed
234 paternity of the child in a jurisdiction in which the mother
235 resided at the time of or since conception of the child, or in
236 which the child has resided or resides.
237 (j)(f) Who Whether a man is named on the birth certificate
238 of the child pursuant to s. 382.013(2).
239 (k)(g) Who Whether a man has been determined by a court
240 order to be the father of the child.
241 (l)(h) Who Whether a man has been determined to be the
242 father of the child by the Department of Revenue as provided in
243 s. 409.256.
244 (2) The information required under in subsection (1) may be
245 supplied to the court or the department in the form of a sworn
246 affidavit by a person having personal knowledge of the facts.
247 (3) If the inquiry under subsection (1) identifies any
248 person as a parent or prospective parent, the court shall
249 require notice of the hearing to be provided to that person.
250 (4) If the inquiry under subsection (1) fails to identify
251 any person as a parent or prospective parent, the court shall so
252 find and may proceed without further notice.
253 (5) If the inquiry under subsection (1) identifies a parent
254 or prospective parent, and that person’s location is unknown,
255 the court shall direct the petitioner to conduct a diligent
256 search for that person before scheduling a disposition hearing
257 regarding the dependency of the child unless the court finds
258 that the best interest of the child requires proceeding without
259 notice to the person whose location is unknown.
260 (6) If the inquiry under subsection (1) identifies an
261 unmarried biological father or an unmarried biological father is
262 identified by another means and is personally served with a
263 petition for dependency but fails to assert his parental rights
264 as specified in s. 39.502(7), the court shall so find and may
265 proceed without further notice.
266 (7)(6) The diligent search required by subsection (5) must
267 include, at a minimum, inquiries of all relatives of the parent
268 or prospective parent made known to the petitioner, inquiries of
269 all offices of program areas of the department likely to have
270 information about the parent or prospective parent, inquiries of
271 other state and federal agencies likely to have information
272 about the parent or prospective parent, inquiries of appropriate
273 utility and postal providers, a thorough search of at least one
274 electronic database specifically designed for locating persons,
275 a search of the Florida Putative Father Registry, and inquiries
276 of appropriate law enforcement agencies. Pursuant to s. 453 of
277 the Social Security Act, 42 U.S.C. s. 653(c)(4), the department,
278 as the state agency administering Titles IV-B and IV-E of the
279 act, shall be provided access to the federal and state parent
280 locator service for diligent search activities.
281 (8)(7) Any agency contacted by a petitioner with a request
282 for information pursuant to subsection (7) (6) shall release the
283 requested information to the petitioner without the necessity of
284 a subpoena or court order.
285 (9)(a)(8) If the inquiry and diligent search identifies a
286 prospective parent, that person must be given the opportunity to
287 become a party to the proceedings by completing a sworn
288 affidavit of parenthood and filing it with the court or the
289 department. A prospective parent who files a sworn affidavit of
290 parenthood while the child is a dependent child but no later
291 than at the time of or before the adjudicatory hearing in any
292 termination of parental rights proceeding for the child shall be
293 considered a parent for all purposes under this section unless
294 the other parent contests the determination of parenthood. If
295 neither the known parent nor the prospective parent objects to a
296 request to establish parentage under the laws of the state, the
297 court may enter an agreed order, order the Office of Vital
298 Statistics to amend the child’s birth certificate, and order the
299 petitioning parent to pay support for the child.
300 (b) If the known parent contests the recognition of the
301 prospective parent as a parent, the prospective parent may not
302 be recognized as a parent until proceedings to determine
303 maternity or paternity under chapter 742 have been concluded.
304 However, the prospective parent shall continue to receive notice
305 of hearings as a participant pending results of the chapter 742
306 proceedings to determine maternity or paternity. The dependency
307 court may hear the chapter 742 proceeding and establish
308 parentage in accordance with the procedures in that chapter,
309 including entry of an order or judgment establishing parentage.
310 (c) A prospective parent may only file a sworn affidavit of
311 parenthood when the child does not have two legally recognized
312 parents. If a child has two legally recognized parents, the
313 prospective parent must seek to establish parentage pursuant to
314 chapter 742.
315 (d) Nothing in this subsection prevents the known parent
316 and the prospective parent from agreeing to voluntarily submit
317 to scientific testing to determine the maternity or paternity of
318 the child if the child does not already have two legally
319 recognized parents and the court determines it is in the child’s
320 best interest.
321 (e) Test results are admissible in evidence and shall be
322 weighed along with other evidence of parentage unless the
323 statistical probability of parentage equals or exceeds 95
324 percent. A statistical probability of parentage that equals or
325 exceeds 95 percent creates a rebuttable presumption, as
326 described in s. 90.304, that the prospective parent is the
327 biological parent of the child. If a party fails to rebut the
328 presumption of parentage which arose from the statistical
329 probability of parentage that equals or exceeds 95 percent, the
330 court may enter a summary judgment of parentage. If the test
331 results show the prospective parent is not the biological
332 parent, the prospective parent is no longer considered a
333 participant or entitled to notice of the proceedings.
334 (f) The court shall assess the cost of the paternity
335 determination as a cost of litigation.
336 (10)(9) If the diligent search under subsection (5) fails
337 to identify and locate a parent or prospective parent, the court
338 shall so find and may proceed without further notice.
339 Section 6. Subsection (3) of section 39.801, Florida
340 Statutes, is amended to read:
341 39.801 Procedures and jurisdiction; notice; service of
342 process.—
343 (3) Before the court may terminate parental rights, in
344 addition to the other requirements set forth in this part, the
345 following requirements must be met:
346 (a) Notice of the date, time, and place of the advisory
347 hearing for the petition to terminate parental rights and a copy
348 of the petition must be personally served upon the following
349 persons, specifically notifying them that a petition has been
350 filed:
351 1. The parents of the child.
352 2. The legal custodians of the child.
353 3. If the parents who would be entitled to notice are dead
354 or unknown, a living relative of the child, unless upon diligent
355 search and inquiry no such relative can be found.
356 4. Any person who has physical custody of the child.
357 5. Any grandparent entitled to priority for adoption under
358 s. 63.0425.
359 6. Any prospective parent who has been identified under s.
360 39.503 or s. 39.803, unless a court order has been entered
361 pursuant to s. 39.503(4), (6), or (10) or s. 39.803(4), (6), or
362 (10) s. 39.503(4) or (9) or s. 39.803(4) or (9) which indicates
363 no further notice is required. Except as otherwise provided in
364 this section, if there is not a legal father, notice of the
365 petition for termination of parental rights must be provided to
366 any known prospective father who is identified under oath before
367 the court or who is identified by a diligent search of the
368 Florida Putative Father Registry. Service of the notice of the
369 petition for termination of parental rights is not required if
370 the prospective father executes an affidavit of nonpaternity or
371 a consent to termination of his parental rights which is
372 accepted by the court after notice and opportunity to be heard
373 by all parties to address the best interests of the child in
374 accepting such affidavit.
375 7. The guardian ad litem for the child or the
376 representative of the guardian ad litem program, if the program
377 has been appointed.
378
379 The document containing the notice to respond or appear must
380 contain, in type at least as large as the type in the balance of
381 the document, the following or substantially similar language:
382 “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING
383 CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF
384 THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND
385 TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE
386 CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS
387 NOTICE.”
388 (b) If a child does not have a legal father, notice of the
389 petition for termination of parental rights shall be personally
390 served upon any known and locatable unmarried biological father
391 who is identified under oath before the court or who is
392 identified by a diligent search of the Florida Putative Father
393 Registry. Service of the notice of the petition for termination
394 of parental rights is not required if the unmarried biological
395 father signs an affidavit of nonpaternity or a consent to
396 termination of his parental rights and such affidavit or consent
397 is accepted by the department. The recipient of the notice may
398 waive service of process by executing a waiver and acknowledging
399 receipt of the notice. The notice of petition for termination of
400 parental rights must specifically state that if the unmarried
401 biological father desires to assert his parental rights to
402 acquire standing to contest the petition he must, within 30 days
403 after service:
404 1. File a claim of paternity with the Florida Putative
405 Father Registry pursuant to instructions provided for submitting
406 a claim of paternity form to the Office of Vital Statistics,
407 including the address to which the claim must be sent.
408 2. Legally establish his parental rights to the child
409 pursuant to the laws of the state.
410 3. File a verified response with the court which contains a
411 pledge of commitment to the child, a request for the court to
412 calculate and order child support, and an agreement to submit to
413 the court’s jurisdiction.
414 4. Provide support for the child as calculated by the court
415 under s. 61.30.
416 5. Seek to establish a substantial relationship with the
417 child within the parameters established by court order. A father
418 must develop a substantial relationship with the child by taking
419 parental responsibility for the child and the child’s future;
420 providing financial support to the child in accordance with his
421 ability, if not prevented from doing so by the person or
422 authorized agency having lawful custody of the child; and
423 establishing or maintaining regular contact with the child in
424 accordance with a written court order. An order for visitation
425 or other contact may be entered by the court if the court
426 determines that such contact will not endanger the safety, well
427 being, and physical, mental, or emotional health of the child.
428 The court may consider the results of any home study when making
429 such determination.
430 (c) The court shall determine whether the unmarried
431 biological father took the steps necessary to assert his
432 parental rights to acquire standing to contest the termination
433 of parental rights petition pursuant to paragraph (b) and, if
434 not, the court shall enter a finding that the unmarried
435 biological father is no longer a prospective parent or
436 participant, may not contest the petition for termination of
437 parental rights, and is no longer entitled to any further notice
438 of proceedings regarding the child unless otherwise ordered by
439 the court.
440 (d) If an unmarried biological father is not identified
441 pursuant to the inquiry under section 39.803, the unmarried
442 biological father’s claim that he did not receive actual notice
443 of the termination proceeding is not a defense to the petition
444 nor grounds that the proceeding is otherwise defective.
445 (e)(b) If a party required to be served with notice as
446 prescribed in paragraph (a) cannot be served, notice of hearings
447 must be given as prescribed by the rules of civil procedure, and
448 service of process must be made as specified by law or civil
449 actions.
450 (f)(c) Notice as prescribed by this section may be waived,
451 in the discretion of the judge, with regard to any person to
452 whom notice must be given under this subsection if the person
453 executes, before two witnesses and a notary public or other
454 officer authorized to take acknowledgments, a written surrender
455 of the child to a licensed child-placing agency or the
456 department.
457 (g)(d) If the person served with notice under this section
458 fails to personally appear at the advisory hearing, the failure
459 to personally appear shall constitute consent for termination of
460 parental rights by the person given notice. If a parent appears
461 for the advisory hearing and the court orders that parent to
462 personally appear at the adjudicatory hearing for the petition
463 for termination of parental rights, stating the date, time, and
464 location of said hearing, then failure of that parent to
465 personally appear at the adjudicatory hearing shall constitute
466 consent for termination of parental rights.
467 Section 7. Section 39.803, Florida Statutes, is amended to
468 read:
469 39.803 Identity or location of parent unknown after filing
470 of termination of parental rights petition; special procedures.—
471 (1) If the identity or location of a parent is unknown and
472 a petition for termination of parental rights is filed, the
473 court shall conduct under oath the following inquiry of the
474 parent who is available, or, if no parent is available, of any
475 relative, caregiver, or legal custodian of the child who is
476 present at the hearing and likely to have the information
477 regarding the identity of any man:
478 (a) To whom the mother of the child was married at any time
479 when conception of the child may have occurred or at the time of
480 the birth of the child.
481 (b) Who has filed an affidavit of paternity pursuant to s.
482 382.013(2)(c) before an advisory hearing is held on a petition
483 for termination of parental rights.
484 (c) Who has adopted the child before an advisory hearing is
485 held on the petition for termination of parental rights.
486 (d) Who has been adjudicated by a court as the father of
487 the child before an advisory hearing is held on a petition for
488 termination of parental rights.
489 (e) Whom the mother identified as the father under oath to
490 a representative of the department before an advisory hearing is
491 held on the petition for termination of parental rights.
492 (a) Whether the mother of the child was married at the
493 probable time of conception of the child or at the time of birth
494 of the child.
495 (f)(b) With whom Whether the mother was cohabiting with a
496 male at the probable time of conception of the child.
497 (g)(c) Who claims to be the father and from whom Whether
498 the mother has received payments or promises of support with
499 respect to the child or because of her pregnancy from a man who
500 claims to be the father.
501 (h)(d) Who Whether the mother has named any man as the
502 father on the birth certificate of the child or in connection
503 with applying for or receiving public assistance before an
504 advisory hearing is held on the petition for termination of
505 parental rights.
506 (i)(e) Who Whether any man has acknowledged or claimed
507 paternity of the child in a jurisdiction in which the mother
508 resided at the time of or since conception of the child, or in
509 which the child has resided or resides before an advisory
510 hearing is held on the petition for termination of parental
511 rights.
512 (j)(f) Who Whether a man is named on the birth certificate
513 of the child pursuant to s. 382.013(2).
514 (k)(g) Who Whether a man has been determined by a court
515 order to be the father of the child.
516 (l)(h) Who Whether a man has been determined to be the
517 father of the child by the Department of Revenue as provided in
518 s. 409.256.
519 (2) The information required in subsection (1) may be
520 supplied to the court or the department in the form of a sworn
521 affidavit by a person having personal knowledge of the facts.
522 (3) If the inquiry under subsection (1) identifies any
523 person as a parent or prospective parent, the court shall
524 require notice of the hearing to be provided to that person.
525 (4) If the inquiry under subsection (1) fails to identify
526 any person as a parent or prospective parent, the court shall so
527 find and may proceed without further notice.
528 (5) If the inquiry under subsection (1) identifies a parent
529 or prospective parent, and that person’s location is unknown,
530 the court shall direct the petitioner to conduct a diligent
531 search for that person before scheduling an adjudicatory hearing
532 regarding the petition for termination of parental rights to the
533 child unless the court finds that the best interest of the child
534 requires proceeding without actual notice to the person whose
535 location is unknown.
536 (6) If the inquiry under subsection (1) identifies an
537 unmarried biological father or an unmarried biological father is
538 identified by another means and is personally served with a
539 petition for termination of parental rights but fails to assert
540 his parental rights as specified in s. 39.801(3)(b), the court
541 shall so find and may proceed without further notice.
542 (7)(6) The diligent search required by subsection (5) must
543 include, at a minimum, inquiries of all known relatives of the
544 parent or prospective parent, inquiries of all offices of
545 program areas of the department likely to have information about
546 the parent or prospective parent, inquiries of other state and
547 federal agencies likely to have information about the parent or
548 prospective parent, inquiries of appropriate utility and postal
549 providers, a thorough search of at least one electronic database
550 specifically designed for locating persons, a search of the
551 Florida Putative Father Registry, and inquiries of appropriate
552 law enforcement agencies. Pursuant to s. 453 of the Social
553 Security Act, 42 U.S.C. s. 653(c)(4), the department, as the
554 state agency administering Titles IV-B and IV-E of the act,
555 shall be provided access to the federal and state parent locator
556 service for diligent search activities.
557 (8)(7) Any agency contacted by petitioner with a request
558 for information pursuant to subsection (7) (6) shall release the
559 requested information to the petitioner without the necessity of
560 a subpoena or court order.
561 (9)(8) If the inquiry and diligent search identifies a
562 prospective parent, that person must be given the opportunity to
563 become a party to the proceedings by completing a sworn
564 affidavit of parenthood and filing it with the court or the
565 department. A prospective parent who files a sworn affidavit of
566 parenthood while the child is a dependent child but no later
567 than at the time of or before the adjudicatory hearing in the
568 termination of parental rights proceeding for the child shall be
569 considered a parent for all purposes under this section.
570 (10)(9) If the diligent search under subsection (5) fails
571 to identify and locate a prospective parent, the court shall so
572 find and may proceed without further notice.
573 Section 8. This act shall take effect October 1, 2018.
574
575 ================= T I T L E A M E N D M E N T ================
576 And the title is amended as follows:
577 Delete everything before the enacting clause
578 and insert:
579 A bill to be entitled
580 An act relating to dependency proceedings; amending s.
581 39.001, F.S.; providing an additional purpose of ch.
582 39, F.S.; amending s. 39.01, F.S.; revising the
583 definition of the term “parent” and defining the term
584 “unmarried biological father”; amending s. 39.402 and
585 39.803, F.S.; revising the types of information
586 relating to the identity and location of a child’s
587 legal father that fall within the scope of a court
588 inquiry at a shelter hearing or a hearing regarding a
589 petition for termination of parental rights; amending
590 s. 39.502, F.S.; providing for certain unmarried
591 biological fathers to receive notice of dependency
592 hearings under certain circumstances; amending ss.
593 39.503, F.S.; revising the types of information
594 relating to the identity and location of a child’s
595 legal father that fall within the scope of a court
596 inquiry at a dependency or shelter hearing; requiring
597 a court to take certain actions if a person fails to
598 assert parental rights; providing conditions for
599 establishing paternity in a dependency proceeding;
600 authorizing the court to order certain scientific
601 testing to determine maternity or paternity of a
602 child; providing for assessment of costs of
603 litigation; amending s. 39.801, F.S.; requiring notice
604 of a petition for termination of parental rights to be
605 served on an unmarried biological father identified
606 under oath or by a diligent search of the Florida
607 Putative Father Registry under certain circumstances;
608 providing conditions for contesting the petition;
609 conforming cross-references; providing an effective
610 date.