HB 0109

CS

CHAMBER ACTION

1	The Justice Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to temporary custody of a child by an
7	extended family member; amending s. 751.01, F.S.; removing
8	provisions related to putative fathers; amending s.
9	751.011, F.S.; defining the term "extended family member";
10	removing the definition of the term "putative father";
11	amending s. 751.02, F.S.; authorizing an extended family
12	member to bring a proceeding in court to determine the
13	temporary custody of a child; amending s. 751.03, F.S.;
14	specifying the information that must be included in a
15	petition for temporary custody by an extended family
16	member; providing that only an extended family member may
17	file a petition for temporary custody under ch. 751, F.S.;
18	amending s. 751.05, F.S.; authorizing a court to redirect
19	child support payments to an extended family member;
20	requiring that the court order payment of arrearages;
21	removing reference to an order granting temporary custody
22	of a minor child to a putative father; providing that
23	either or both of the child's parents may petition the
24	court to modify the order granting temporary custody under
25	certain circumstances; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
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29	Section 1.  Subsections (2) and (3) of section 751.01,
30	Florida Statutes, are amended to read:
31	751.01  Purpose of act.--The purposes of ss. 751.01-751.05
32	are to:
33	(2)  Provide for the welfare of a minor child children who
34	is are living with an extended family members, or who are being
35	cared for by putative fathers whose paternity cannot be
36	established given the absence of the mothers. At present, such
37	family members are unable to give complete care to the child in
38	their custody because they lack a legal document that explains
39	and defines their relationship to the child, and they are unable
40	effectively to consent to the care of the child children by
41	third parties.
42	(3)  Provide temporary custody of a minor child to a family
43	member or putative father having physical custody of the minor
44	child to enable the custodian to:
45	(a)  Consent to all necessary and reasonable medical and
46	dental care for the child, including nonemergency surgery and
47	psychiatric care;
48	(b)  Secure copies of the child's records, held by third
49	parties, that are necessary to the care of the child, including,
50	but not limited to:
51	1.  Medical, dental, and psychiatric records;
52	2.  Birth certificates and other records; and
53	3.  Educational records;
54	(c)  Enroll the child in school and grant or withhold
55	consent for a child to be tested or placed in special school
56	programs, including exceptional education; and
57	(d)  Do all other things necessary for the care of the
58	child.
59	Section 2.  Section 751.011, Florida Statutes, is amended
60	to read:
61	751.011  Definitions.--As used in ss. 751.01-751.05, the
62	term:
63	(1)  "extended family member" is any person who is:
64	(1)  A relative within the third degree by blood or
65	marriage to the parent; or
66	(2)  The stepparent of a child if the stepparent is
67	currently married to the parent of the child and is not a party
68	in a pending dissolution, separate maintenance, domestic
69	violence, or other civil or criminal proceeding in any court of
70	competent jurisdiction involving one or both of the child's
71	parents as an adverse party family composed of the minor child
72	and a relative of the child who is the child's brother, sister,
73	grandparent, aunt, uncle, or cousin.
74	(2)  "Putative father" is a man who reasonably believes
75	himself to be the biological father of the minor child, but who
76	is unable to prove his paternity due to the absence of the
77	mother of the child.
78	Section 3.  Section 751.02, Florida Statutes, is amended to
79	read:
80	751.02  Determination of temporary custody proceedings;
81	jurisdiction.--The following individuals may bring proceedings
82	in the circuit court to determine the temporary custody of a
83	minor child:
84	(1)  Any extended family member relative of a minor child
85	who has the signed, notarized consent of the child's legal
86	parents;, or
87	(2)  Any extended family member who is caring full time for
88	the child in the role of a substitute parent and relative of the
89	child, including a putative father, with whom the child is
90	presently living, may bring proceedings in the circuit court to
91	determine the temporary custody of the child. A putative father
92	may bring a proceeding for temporary custody only when he is
93	unable to perfect personal service of process upon the mother of
94	the child. When the putative father is able to perfect personal
95	service of process upon the mother of the child, he must
96	petition for custody and other relief, including the
97	establishment of his paternity of the child, under chapter 742.
98	Section 4.  Section 751.03, Florida Statutes, is amended to
99	read:
100	751.03  Petition for temporary custody; contents.--Each
101	Every petition for temporary custody of a minor child must be
102	verified by the petitioner and must contain statements, to the
103	best of petitioner's knowledge and belief, showing:
104	(1)  The name, date of birth, and current address of the
105	child;
106	(2)  The names and current addresses of the child's
107	parents;
108	(3)  The names and current addresses of the persons with
109	whom the child has lived during the past 5 years;
110	(4)  The places where the child has lived during the past 5
111	years;
112	(5)  Information concerning any custody proceeding in this
113	or any other state with respect to the child;
114	(6)  The residence and post office address of the
115	petitioner;
116	(7)  The petitioner's relationship to the child, including
117	the circumstances leading the petitioner to believe he is the
118	natural father of the child when the petitioner is the putative
119	father; and
120	(8)  The consent of the child's parents, or the specific
121	acts or omissions of the parents which demonstrate that the
122	parents have abused, abandoned, or neglected the child as
123	defined in chapter 39;
124	(9)  Any temporary or permanent orders for child support,
125	the court entering the order, and the case number;
126	(10)  Any temporary or permanent order for protection
127	entered on behalf of or against either parent, the petitioner,
128	or the child; the court entering the order; and the case number;
129	(11)  That it is in the best interest of the child for the
130	petitioner to have custody of the child; and the circumstances
131	of the child's current living situation with the petitioner.
132	(12)(9)  A statement of the period of time the petitioner
133	is requesting temporary custody, including a statement of the
134	reasons supporting that request.
135
136	Only an extended family member may file a petition under this
137	chapter.
138	Section 5.  Subsections (5), (6), and (7) of section
139	751.05, Florida Statutes, are amended to read:
140	751.05  Order granting temporary custody.--
141	(5)(a)  The order granting temporary custody of the minor
142	child to the petitioner may not include an order for the support
143	of the child unless the parent has received personal or
144	substituted service of process, the petition requests an order
145	for the support of the child, and there is evidence of the
146	parent's ability to pay the support ordered.
147	(b)  The order granting temporary custody of the minor
148	child to the petitioner may redirect all or part of an existing
149	child support obligation to be paid to the extended family
150	member who is granted temporary custody of the child. If the
151	court redirects an existing child support obligation, the order
152	granting temporary custody must include the determination of
153	arrearages owed to the obligee and the person awarded temporary
154	custody and must order payment of the arrearages. The clerk of
155	the circuit court in which the temporary custody order is
156	entered shall transmit a certified copy thereof to the court
157	originally entering the child support order. The temporary
158	custody order shall be recorded and filed in the original action
159	in which child support was determined and become a part thereof.
160	A copy of the temporary custody order shall be filed with the
161	depository that serves as the official recordkeeper for support
162	payments due under the support order. The depository shall
163	maintain separate accounts and separate account numbers for
164	individual obligees.
165	(6)  The order granting temporary custody of a minor child
166	to a putative father must not include a determination of the
167	paternity of the child.
168	(6)(7)  At any time, either or both of the child's parents
169	may petition the court to modify or terminate the order granting
170	temporary custody. The court shall terminate the order upon a
171	finding that the parent requesting the termination of the order
172	is a fit parent, or by consent of the parties. The court may
173	modify an order granting temporary custody if the parties
174	consent or if modification is in the best interest of the child.
175	Section 6.  This act shall take effect July 1, 2006.

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