Florida Senate - 2021 CS for SB 122
By the Committee on Appropriations; and Senators Baxley, Garcia,
Albritton, and Harrell
576-04427-21 2021122c1
1 A bill to be entitled
2 An act relating to surrendered newborn infants;
3 amending s. 383.50, F.S.; revising the definition of
4 the term “newborn infant”; amending s. 63.0423, F.S.;
5 making conforming and technical changes; providing an
6 effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Subsection (1) of section 383.50, Florida
11 Statutes, is amended to read:
12 383.50 Treatment of surrendered newborn infant.—
13 (1) As used in this section, the term “newborn infant”
14 means a child who a licensed physician reasonably believes is
15 approximately 30 7 days old or younger at the time the child is
16 left at a hospital, an emergency medical services station, or a
17 fire station.
18 Section 2. Section 63.0423, Florida Statutes, is amended to
19 read:
20 63.0423 Procedures with respect to surrendered newborn
21 infants.—
22 (1) Upon entry of final judgment terminating parental
23 rights, a licensed child-placing agency that takes physical
24 custody of a newborn an infant surrendered at a hospital, an
25 emergency medical services station, or a fire station pursuant
26 to s. 383.50 assumes responsibility for the medical and other
27 costs associated with the emergency services and care of the
28 surrendered newborn infant from the time the licensed child
29 placing agency takes physical custody of the surrendered newborn
30 infant.
31 (2) The licensed child-placing agency shall immediately
32 seek an order from the circuit court for emergency custody of
33 the surrendered newborn infant. The emergency custody order
34 shall remain in effect until the court orders preliminary
35 approval of placement of the surrendered newborn infant in the
36 prospective home, at which time the prospective adoptive parents
37 become guardians pending termination of parental rights and
38 finalization of adoption or until the court orders otherwise.
39 The guardianship of the prospective adoptive parents shall
40 remain subject to the right of the licensed child-placing agency
41 to remove the surrendered newborn infant from the placement
42 during the pendency of the proceedings if such removal is deemed
43 by the licensed child-placing agency to be in the best interests
44 of the child. The licensed child-placing agency may immediately
45 seek to place the surrendered newborn infant in a prospective
46 adoptive home.
47 (3) The licensed child-placing agency that takes physical
48 custody of the surrendered newborn infant shall, within 24 hours
49 thereafter, request assistance from law enforcement officials to
50 investigate and determine, through the Missing Children
51 Information Clearinghouse, the National Center for Missing and
52 Exploited Children, and any other national and state resources,
53 whether the surrendered newborn infant is a missing child.
54 (4) The parent who surrenders the newborn infant in
55 accordance with s. 383.50 is presumed to have consented to
56 termination of parental rights, and express consent is not
57 required. Except when there is actual or suspected child abuse
58 or neglect, the licensed child-placing agency shall not attempt
59 to pursue, search for, or notify that parent as provided in s.
60 63.088 and chapter 49. For purposes of s. 383.50 and this
61 section, a surrendered newborn an infant who tests positive for
62 illegal drugs, narcotic prescription drugs, alcohol, or other
63 substances, but shows no other signs of child abuse or neglect,
64 shall be placed in the custody of a licensed child-placing
65 agency. Such a placement does not eliminate the reporting
66 requirement under s. 383.50(7). When the department is contacted
67 regarding a newborn an infant properly surrendered under this
68 section and s. 383.50, the department shall provide instruction
69 to contact a licensed child-placing agency and may not take
70 custody of the newborn infant unless reasonable efforts to
71 contact a licensed child-placing agency to accept the newborn
72 infant have not been successful.
73 (5) A petition for termination of parental rights under
74 this section may not be filed until 30 days after the date the
75 newborn infant was surrendered in accordance with s. 383.50. A
76 petition for termination of parental rights may not be granted
77 until a parent has failed to reclaim or claim the surrendered
78 newborn infant within the time period specified in s. 383.50.
79 (6) A claim of parental rights of the surrendered newborn
80 infant must be made to the entity having legal custody of the
81 surrendered newborn infant or to the circuit court before which
82 proceedings involving the surrendered newborn infant are
83 pending. A claim of parental rights of the surrendered newborn
84 infant may not be made after the judgment to terminate parental
85 rights is entered, except as otherwise provided by subsection
86 (9).
87 (7) If a claim of parental rights of a surrendered newborn
88 infant is made before the judgment to terminate parental rights
89 is entered, the circuit court may hold the action for
90 termination of parental rights in abeyance for a period of time
91 not to exceed 60 days.
92 (a) The court may order scientific testing to determine
93 maternity or paternity at the expense of the parent claiming
94 parental rights.
95 (b) The court shall appoint a guardian ad litem for the
96 surrendered newborn infant and order whatever investigation,
97 home evaluation, and psychological evaluation are necessary to
98 determine what is in the best interests of the surrendered
99 newborn infant.
100 (c) The court may not terminate parental rights solely on
101 the basis that the parent left the newborn infant at a hospital,
102 an emergency medical services station, or a fire station in
103 accordance with s. 383.50.
104 (d) The court shall enter a judgment with written findings
105 of fact and conclusions of law.
106 (8) Within 7 business days after recording the judgment,
107 the clerk of the court shall mail a copy of the judgment to the
108 department, the petitioner, and any person whose consent was
109 required, if known. The clerk shall execute a certificate of
110 each mailing.
111 (9)(a) A judgment terminating parental rights of a
112 surrendered newborn infant pending adoption is voidable, and any
113 later judgment of adoption of that child minor is voidable, if,
114 upon the motion of a parent, the court finds that a person
115 knowingly gave false information that prevented the parent from
116 timely making known his or her desire to assume parental
117 responsibilities toward the child minor or from exercising his
118 or her parental rights. A motion under this subsection must be
119 filed with the court originally entering the judgment. The
120 motion must be filed within a reasonable time but not later than
121 1 year after the entry of the judgment terminating parental
122 rights.
123 (b) No later than 30 days after the filing of a motion
124 under this subsection, the court shall conduct a preliminary
125 hearing to determine what contact, if any, will be allowed
126 permitted between a parent and the child pending resolution of
127 the motion. Such contact may be allowed only if it is requested
128 by a parent who has appeared at the hearing and the court
129 determines that it is in the best interests of the child. If the
130 court orders contact between a parent and the child, the order
131 must be issued in writing as expeditiously as possible and must
132 state with specificity any provisions regarding contact with
133 persons other than those with whom the child resides.
134 (c) The court may not order scientific testing to determine
135 the paternity or maternity of the child minor until such time as
136 the court determines that a previously entered judgment
137 terminating the parental rights of that parent is voidable
138 pursuant to paragraph (a), unless all parties agree that such
139 testing is in the best interests of the child. Upon the filing
140 of test results establishing that person’s maternity or
141 paternity of the surrendered newborn infant, the court may order
142 visitation only if it appears to be in the best interests of the
143 child.
144 (d) Within 45 days after the preliminary hearing, the court
145 shall conduct a final hearing on the motion to set aside the
146 judgment and shall enter its written order as expeditiously as
147 possible thereafter.
148 (10) Except to the extent expressly provided in this
149 section, proceedings initiated by a licensed child-placing
150 agency for the termination of parental rights and subsequent
151 adoption of a newborn infant left at a hospital, an emergency
152 medical services station, or a fire station in accordance with
153 s. 383.50 shall be conducted pursuant to this chapter.
154 Section 3. This act shall take effect July 1, 2021.