The Florida Senate

39.4051  Identity or location of parent unknown; special procedures.--

(1)  If the identity or location of a parent is unknown and a petition for dependency or shelter is filed, the court shall conduct the following inquiry of the parent who is available, or, if no parent is available, of any relative or custodian of the child who is present at the hearing and likely to have the information:

(a)  Whether the mother of the child was married at the probable time of conception of the child or at the time of birth of the child.

(b)  Whether the mother was cohabiting with a male at the probable time of conception of the child.

(c)  Whether the mother has received payments or promises of support with respect to the child or because of her pregnancy from a man who claims to be the father.

(d)  Whether the mother has named any man as the father on the birth certificate of the child or in connection with applying for or receiving public assistance.

(e)  Whether any man has acknowledged or claimed paternity of the child in a jurisdiction in which the mother resided at the time of or since conception of the child, or in which the child has resided or resides.

(2)  The information required in subsection (1) may be supplied to the court or the department in the form of a sworn affidavit by a person having personal knowledge of the facts.

(3)  If the inquiry under subsection (1) identifies any person as a parent or prospective parent, the court shall require notice of the hearing to be provided to that person.

(4)  If the inquiry under subsection (1) fails to identify any person as a parent or prospective parent, the court shall so find and may proceed without further notice.

¹(5)  If the inquiry under subsection (1) identifies a parent or prospective parent, and that person's location is unknown, the court shall direct the department to conduct a diligent search for that person before scheduling a disposition hearing regarding the dependency of the child unless the court finds that the best interest of the child requires proceeding without notice to the person whose location is unknown.

(6)  The diligent search required by subsection (5) must include, at a minimum, inquiries of all relatives of the parent or prospective parent made known to the petitioner, inquiries of all offices of program areas of the department likely to have information about the parent or prospective parent, inquiries of other state and federal agencies likely to have information about the parent or prospective parent, inquiries of appropriate utility and postal providers, and inquiries of appropriate law enforcement agencies.

(7)  Any agency contacted by a petitioner with a request for information pursuant to subsection (6) shall release the requested information to the petitioner without the necessity of a subpoena or court order.

(8)  If the inquiry and diligent search identifies a prospective parent, that person must be given the opportunity to become a party to the proceedings by completing a sworn affidavit of parenthood and filing it with the court or the department. A prospective parent who files a sworn affidavit of parenthood while the child is a dependent child but no later than at the time of or prior to the adjudicatory hearing in any termination of parental rights proceeding for the child shall be considered a parent for all purposes under this section unless the other parent contests the determination of parenthood. If the known parent contests the recognition of the prospective parent as a parent, the prospective parent shall not be recognized as a parent until proceedings under chapter 742 have been concluded. However, the prospective parent shall continue to receive notice of hearings as a participant pending results of the chapter 742 proceedings.

History.--s. 10, ch. 94-164; s. 5, ch. 97-276.

¹Note.--Section 5, ch. 97-276, amended subsection (5), effective July 1, 1998, to read:

(5)  If the inquiry under subsection (1) identifies a parent or prospective parent, and that person's location is unknown, the department shall conduct a diligent search for that person before the scheduling of a disposition hearing regarding the dependency of the child unless the court finds that the best interest of the child requires proceeding without notice to the person whose location is unknown.