The Florida Senate

63.088  Proceeding to terminate parental rights pending adoption; notice and service; diligent search.--

(1)  INITIATE LOCATION AND IDENTIFICATION PROCEDURES.--When the location or identity of a person whose consent to an adoption is required but is not known, the adoption entity must begin the inquiry and diligent search process required by this section not later than 7 days after the date on which the person seeking to place a minor for adoption has evidenced in writing to the entity a desire to place the minor for adoption with that entity, or not later than 7 days after the date any money is provided as permitted under this chapter by the adoption entity for the benefit of the person seeking to place a minor for adoption.

(2)  LOCATION AND IDENTITY KNOWN.--Before the court may determine that a minor is available for adoption, and in addition to the other requirements set forth in this chapter, each person whose consent is required under s. 63.062, who has not executed an affidavit of nonpaternity, and whose location and identity have been determined by compliance with the procedures in this section must be personally served, pursuant to chapter 48, at least 30 days before the hearing with a copy of the petition to terminate parental rights pending adoption and with notice in substantially the following form:

A petition to terminate parental rights pending adoption has been filed. A copy of the petition is being served with this notice. There will be a hearing on the petition to terminate parental rights pending adoption on  (date)  at  (time)  before  (judge)  at  (location, including complete name and street address of the courthouse) . The court has set aside  (amount of time)  for this hearing. If you executed a consent to adoption or an affidavit of nonpaternity and a waiver of venue, you have the right to request that the hearing on the petition to terminate parental rights be transferred to the county in which you reside. You may object by appearing at the hearing or filing a written objection with the court.

UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH THE COURT OR TO APPEAR AT THIS HEARING CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING THE MINOR CHILD.

(3)  REQUIRED INQUIRY.--In proceedings initiated under s. 63.087, the court must conduct an inquiry of the person who is placing the minor for adoption and of any relative or person having legal custody of the minor who is present at the hearing and likely to have the following information regarding the identity of:

(a)  Any person to whom the mother of the minor was married at any time when conception of the minor may have occurred or at the time of the birth of the minor;

(b)  Any person who has been declared by a court to be the father of the minor;

(c)  Any man with whom the mother was cohabiting at any time when conception of the minor may have occurred;

(d)  Any person the mother has reason to believe may be the father and from whom she has received payments or promises of support with respect to the minor or because of her pregnancy;

(e)  Any person the mother has named as the father on the birth certificate of the minor or in connection with applying for or receiving public assistance;

(f)  Any person who has acknowledged or claimed paternity of the minor; and

(g)  Any person the mother has reason to believe may be the father.

The information required under this subsection may be provided to the court in the form of a sworn affidavit by a person having personal knowledge of the facts, addressing each inquiry enumerated in this subsection, except that, if the inquiry identifies a father under paragraph (a) or paragraph (b), the inquiry shall not continue further. The inquiry required under this subsection may be conducted before the birth of the minor.

(4)  LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry by the court under subsection (3) identifies any person whose consent to adoption is required under s. 63.062 and who has not executed a consent to adoption or an affidavit of nonpaternity, and the location of the person from whom consent is required is unknown, the adoption entity must conduct a diligent search for that person which must include inquiries concerning:

(a)  The person's current address, or any previous address, through an inquiry of the United States Postal Service through the Freedom of Information Act;

(b)  The last known employment of the person, including the name and address of the person's employer. Inquiry should be made of the last known employer as to any address to which wage and earnings statements (W-2 forms) of the person have been mailed. Inquiry should be made of the last known employer as to whether the person is eligible for a pension or profit-sharing plan and any address to which pension or other funds have been mailed;

(c)  Regulatory agencies, including those regulating licensing in the area where the person last resided;

(d)  Names and addresses of relatives to the extent such can be reasonably obtained from the petitioner or other sources, contacts with those relatives, and inquiry as to the person's last known address. The petitioner shall pursue any leads of any addresses to which the person may have moved. Relatives include, but are not limited to, parents, brothers, sisters, aunts, uncles, cousins, nieces, nephews, grandparents, great-grandparents, former or current in-laws, stepparents, and stepchildren;

(e)  Information as to whether or not the person may have died and, if so, the date and location;

(f)  Telephone listings in the area where the person last resided;

(g)  Inquiries of law enforcement agencies in the area where the person last resided;

(h)  Highway patrol records in the state where the person last resided;

(i)  Department of Corrections records in the state where the person last resided;

(j)  Hospitals in the area where the person last resided;

(k)  Records of utility companies, including water, sewer, cable television, and electric companies, in the area where the person last resided;

(l)  Records of the Armed Forces of the United States as to whether there is any information as to the person;

(m)  Records of the tax assessor and tax collector in the area where the person last resided;

(n)  Search of one Internet databank locator service; and

(o)  Information held by all medical providers who rendered medical treatment or care to the birth mother and child, including the identity and location information of all persons listed by the mother as being financially responsible for the uninsured expenses of treatment or care and all persons who made any such payments.

Any person contacted by a petitioner or adoption entity who is requesting information pursuant to this subsection must release the requested information to the petitioner or adoption entity, except when prohibited by law, without the necessity of a subpoena or court order. An affidavit of diligent search executed by the petitioner and the adoption entity must be filed with the court confirming completion of each aspect of the diligent search enumerated in this subsection and specifying the results. The diligent search required under this subsection may be conducted before the birth of the minor.

(5)  LOCATION UNKNOWN OR IDENTITY UNKNOWN.--This subsection only applies if, as to any person whose consent is required under s. 63.062 and who has not executed an affidavit of nonpaternity, the location or identity of the person is unknown and the inquiry under subsection (3) fails to identify the person or the diligent search under subsection (4) fails to locate the person. The unlocated or unidentified person must be served notice under subsection (2) by constructive service in the manner provided in chapter 49 in each county identified in the petition, as provided in s. 63.087(6). The notice, in addition to all information required in the petition under s. 63.087(6) and chapter 49, must contain a physical description, including, but not limited to, age, race, hair and eye color, and approximate height and weight of the minor's mother and of any person the mother reasonably believes may be the father; the minor's date of birth; and any date and city, including the county and state in which the city is located, in which conception may have occurred. If any of the facts that must be included in the notice under this subsection are unknown and cannot be reasonably ascertained, the notice must so state.

History.--s. 17, ch. 2001-3.