Senate Bill sb0452c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                            CS for SB 452

    By the Committee on Children and Families; and Senator Peaden





    300-1469-01

  1                      A bill to be entitled

  2         An act relating to proceedings relating to

  3         children; amending the definition of the term

  4         "child who is found to be dependent," as the

  5         term is used in ch. 39, F.S.; providing an

  6         effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Subsection (14) of section 39.01, Florida

11  Statutes, is amended to read:

12         39.01  Definitions.--When used in this chapter, unless

13  the context otherwise requires:

14         (14)  "Child who is found to be dependent" means a

15  child who, pursuant to this chapter, is found by the court:

16         (a)  To have been abandoned, abused, or neglected by

17  the child's parent or parents or legal custodians;

18         (b)  To have been surrendered to the department, the

19  former Department of Health and Rehabilitative Services, or a

20  licensed child-placing agency for purpose of adoption;

21         (c)  To have been voluntarily placed with a licensed

22  child-caring agency, a licensed child-placing agency, an adult

23  relative, the department, or the former Department of Health

24  and Rehabilitative Services, after which placement, under the

25  requirements of this chapter, a case plan has expired and the

26  parent or parents or legal custodians have failed to

27  substantially comply with the requirements of the plan;

28         (d)  To have been voluntarily placed with a licensed

29  child-placing agency for the purposes of subsequent adoption,

30  and a parent or parents have signed a consent pursuant to the

31  Florida Rules of Juvenile Procedure;

                                  1

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






    Florida Senate - 2001                            CS for SB 452
    300-1469-01




  1         (e)  To have no parent or legal custodians available to

  2  or capable of providing supervision and care. For purposes of

  3  this paragraph, a parent or legal custodian who is not capable

  4  of providing supervision and care includes, but is not limited

  5  to, a parent or legal custodian who is incarcerated; or

  6         (f)  To be at substantial risk of imminent abuse,

  7  abandonment, or neglect by the parent or parents or legal

  8  custodians;.

  9         (g)1.  To have a parent or parents who engaged in

10  egregious conduct or had the opportunity and capability to

11  prevent and knowingly failed to prevent egregious conduct that

12  threatens the life, safety, or physical, mental, or emotional

13  health of the child or the child's sibling.

14         2.  As used in this paragraph, the term:

15         a.  "Sibling" means another child who resides with or

16  is cared for by the parent or parents regardless of whether

17  the child is related legally or by consanguinity.

18         b.  "Egregious conduct" means abuse, abandonment,

19  neglect, or any other conduct of the parent or parents that is

20  deplorable, flagrant, or outrageous by a normal standard of

21  conduct. Egregious conduct may include an act or omission that

22  occurred only once but was of such intensity, magnitude, or

23  severity as to endanger the life of the child.

24         Section 2.  This act shall take effect upon becoming a

25  law.

26

27

28

29

30

31

                                  2

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






    Florida Senate - 2001                            CS for SB 452
    300-1469-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 452

  3

  4  Removes the requirement for determining a child to be
    dependent relating to the incarceration of a parent in a state
  5  or federal correctional institution for major crimes for a
    substantial period of time prior to the child's 18th birthday
  6  and adds that a child is dependent if no parent or legal
    custodian is available to provide supervision which would
  7  include a parent or legal guardian who is incarcerated.

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3

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