Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 118
Barcode 401276
586-966A-06
Proposed Committee Substitute by the Committee on Children and
Families
1 A bill to be entitled
2 An act relating to temporary custody of a child
3 by an extended family member; amending s.
4 751.01, F.S.; removing provisions related to
5 putative fathers; amending s. 751.011, F.S.;
6 defining the term "extended family member";
7 amending s. 751.02, F.S.; authorizing an
8 extended family member to bring a proceeding in
9 court to determine the temporary custody of a
10 child; amending s. 751.03, F.S.; specifying the
11 information that must be included in a petition
12 for temporary custody by an extended family
13 member; providing that only an extended family
14 member may file a petition for temporary
15 custody under ch. 751, F.S.; amending s.
16 751.05, F.S.; authorizing a court to redirect
17 child support payments to an extended family
18 member; requiring that the court order payment
19 of arrearages; providing that either or both of
20 the child's parents may petition the court to
21 modify the order granting temporary custody
22 under certain circumstances; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsections (2) and (3) of section 751.01,
28 Florida Statutes, are amended to read:
29 751.01 Purpose of act.--The purposes of ss.
30 751.01-751.05 are to:
31 (2) Provide for the welfare of minor children who are
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Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 118
Barcode 401276
586-966A-06
1 living with an extended family, or who are being cared for by
2 putative fathers whose paternity cannot be established given
3 the absence of the mothers. At present, such family members
4 are unable to give complete care to the child in their custody
5 because they lack a legal document that explains and defines
6 their relationship to the child, and they are unable
7 effectively to consent to the care of the children by third
8 parties.
9 (3) Provide temporary custody of a minor child to a
10 family member or putative father having physical custody of
11 the minor child to enable the custodian to:
12 (a) Consent to all necessary and reasonable medical
13 and dental care for the child, including nonemergency surgery
14 and psychiatric care;
15 (b) Secure copies of the child's records, held by
16 third parties, that are necessary to the care of the child,
17 including, but not limited to:
18 1. Medical, dental, and psychiatric records;
19 2. Birth certificates and other records; and
20 3. Educational records;
21 (c) Enroll the child in school and grant or withhold
22 consent for a child to be tested or placed in special school
23 programs, including exceptional education; and
24 (d) Do all other things necessary for the care of the
25 child.
26 Section 2. Subsection (1) of section 751.011, Florida
27 Statutes, is amended to read:
28 751.011 Definitions.--As used in ss. 751.01-751.05,
29 the term:
30 (1) "Extended family member" is any person who is:
31 (a) A relative within the third degree by blood or
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Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 118
Barcode 401276
586-966A-06
1 marriage to the parent; or
2 (b) The stepparent of a child if the stepparent is
3 currently married to the parent of the child and is not
4 engaged in a pending dissolution, separate maintenance,
5 domestic violence, or other civil or criminal proceeding in
6 any court of competent jurisdiction involving one or both of
7 the child's parents as an adverse party family composed of the
8 minor child and a relative of the child who is the child's
9 brother, sister, grandparent, aunt, uncle, or cousin.
10 Section 3. Section 751.02, Florida Statutes, is
11 amended to read:
12 751.02 Determination of temporary custody proceedings;
13 jurisdiction.--The following individuals may bring proceedings
14 in the circuit court to determine the temporary custody of a
15 minor child:
16 (1) Any extended family member relative of a minor
17 child who has the signed, notarized consent of the child's
18 legal parents;, or
19 (2) Any extended family member who is caring full time
20 for the child in the role of a substitute parent and relative
21 of the child, including a putative father, with whom the child
22 is presently living, may bring proceedings in the circuit
23 court to determine the temporary custody of the child. A
24 putative father may bring a proceeding for temporary custody
25 only when he is unable to perfect personal service of process
26 upon the mother of the child. When the putative father is
27 able to perfect personal service of process upon the mother of
28 the child, he must petition for custody and other relief,
29 including the establishment of his paternity of the child,
30 under chapter 742.
31 Section 4. Section 751.03, Florida Statutes, is
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Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 118
Barcode 401276
586-966A-06
1 amended to read:
2 751.03 Petition for temporary custody; contents.--Each
3 Every petition for temporary custody of a minor child must be
4 verified by the petitioner and must contain statements, to the
5 best of petitioner's knowledge and belief, showing:
6 (1) The name, date of birth, and current address of
7 the child;
8 (2) The names and current addresses of the child's
9 parents;
10 (3) The names and current addresses of the persons
11 with whom the child has lived during the past 5 years;
12 (4) The places where the child has lived during the
13 past 5 years;
14 (5) Information concerning any custody proceeding in
15 this or any other state with respect to the child;
16 (6) The residence and post office address of the
17 petitioner;
18 (7) The petitioner's relationship to the child,
19 including the circumstances leading the petitioner to believe
20 he is the natural father of the child when the petitioner is
21 the putative father; and
22 (8) The consent of the child's parents, or the
23 specific acts or omissions of the parents which demonstrate
24 that the parents have abused, abandoned, or neglected the
25 child as defined in chapter 39; the circumstances of the
26 child's current living situation with the petitioner.
27 (9) Any temporary or permanent orders for child
28 support, the court entering the order, and the case number;
29 (10) Any temporary or permanent order for protection
30 entered on behalf of or against either parent, the petitioner,
31 or the child; the court entering the order; and the case
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Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 118
Barcode 401276
586-966A-06
1 number;
2 (11) That it is in the best interest of the child for
3 the petitioner to have custody of the child; and
4 (12)(9) A statement of the period of time the
5 petitioner is requesting temporary custody, including a
6 statement of the reasons supporting that request.
7
8 Only an extended family member may file a petition under this
9 chapter.
10 Section 5. Subsections (5) and (7) of section 751.05,
11 Florida Statutes, are amended to read:
12 751.05 Order granting temporary custody.--
13 (5)(a) The order granting temporary custody of the
14 minor child to the petitioner may not include an order for the
15 support of the child unless the parent has received personal
16 or substituted service of process, the petition requests an
17 order for the support of the child, and there is evidence of
18 the parent's ability to pay the support ordered.
19 (b) The order granting temporary custody may redirect
20 all or part of an existing child support obligation to be paid
21 to the extended family member who is granted temporary custody
22 of the child. If the court redirects an existing child support
23 obligation, the order granting temporary custody must include
24 the determination of arrearages owed to the obligee and the
25 person awarded temporary custody and must order payment of the
26 arrearages. The clerk of the circuit court in which the
27 temporary custody order is entered shall transmit a certified
28 copy thereof to the court originally entering the child
29 support order. The temporary custody order shall be recorded
30 and filed in the original action in which child support was
31 determined and become a part thereof. A copy of the temporary
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Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 118
Barcode 401276
586-966A-06
1 custody order shall be filed with the depository that serves
2 as the official recordkeeper for support payments due under
3 the support order. The depository shall maintain separate
4 accounts and separate account numbers for individual obligees.
5 (7) At any time, either or both of the child's parents
6 may petition the court to modify or terminate the order
7 granting temporary custody. The court shall terminate the
8 order upon a finding that the parent requesting the
9 termination of the order is a fit parent, or by consent of the
10 parties. The court may modify an order granting temporary
11 custody if the parties consent or if modification is in the
12 best interest of the child.
13 Section 6. This act shall take effect July 1, 2006.
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