HB 95

1
A bill to be entitled
2An act relating to child custody; amending ss. 751.01,
3751.011, 751.02, 751.03, and 751.05, F.S.; creating an
4action for temporary custody of a minor child by certain
5authorized persons interested in the welfare of the child;
6providing a definition; providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Section 751.01, Florida Statutes, is amended to
11read:
12     751.01  Purpose of act.--The purposes of ss. 751.01-751.05
13are to:
14     (1)  Recognize that many minor children in this state live
15with and are well cared for by members of their extended
16families or other persons interested in the welfare of minor
17children. The parents of these children have often provided for
18their care by placing them temporarily with another family
19member or another person interested in the welfare of the minor
20children who is better able to care for them. Because of the
21care being provided the children by their extended families or
22other persons interested in the welfare of the minor children,
23they are not dependent children.
24     (2)  Provide for the welfare of a minor child who is living
25with extended family members or another person interested in the
26welfare of the minor child. At present, such family members or
27other persons interested in the welfare of the minor child are
28unable to give complete care to the child in their custody
29because they lack a legal document that explains and defines
30their relationship to the child, and they are unable effectively
31to consent to the care of the child by third parties.
32     (3)  Provide temporary custody of a minor child to a family
33member or another person interested in the welfare of the minor
34child having physical custody of the minor child to enable the
35custodian to:
36     (a)  Consent to all necessary and reasonable medical and
37dental care for the child, including nonemergency surgery and
38psychiatric care;
39     (b)  Secure copies of the child's records, held by third
40parties, that are necessary to the care of the child, including,
41but not limited to:
42     1.  Medical, dental, and psychiatric records;
43     2.  Birth certificates and other records; and
44     3.  Educational records;
45     (c)  Enroll the child in school and grant or withhold
46consent for a child to be tested or placed in special school
47programs, including exceptional education; and
48     (d)  Do all other things necessary for the care of the
49child.
50     Section 2.  Section 751.011, Florida Statutes, is amended
51to read:
52     751.011  Definitions.--As used in ss. 751.01-751.05, the
53term:
54     (1)  "Extended family member" is any person who is:
55     (a)(1)  A relative within the third degree by blood or
56marriage to the parent; or
57     (b)(2)  The stepparent of a child if the stepparent is
58currently married to the parent of the child and is not a party
59in a pending dissolution, separate maintenance, domestic
60violence, or other civil or criminal proceeding in any court of
61competent jurisdiction involving one or both of the child's
62parents as an adverse party.
63     (2)  "Person interested in the welfare of a minor child" is
64any person who is 18 years of age or older who has the consent
65of the custodial parent or parents to assume custodial
66responsibility for the minor child.
67     Section 3.  Section 751.02, Florida Statutes, is amended to
68read:
69     751.02  Determination of temporary custody proceedings;
70jurisdiction.--The following individuals may bring proceedings
71in the circuit court to determine the temporary custody of a
72minor child:
73     (1)  Any extended family member or another person
74interested in the welfare of a minor child who has the signed,
75notarized consent of the child's legal parents; or
76     (2)  Any extended family member or another person
77interested in the welfare of a minor child who is caring full
78time for the child in the role of a substitute parent and with
79whom the child is presently living.
80     Section 4.  Section 751.03, Florida Statutes, is amended to
81read:
82     751.03  Petition for temporary custody; contents.--Each
83petition for temporary custody of a minor child must be verified
84by the petitioner and must contain statements, to the best of
85petitioner's knowledge and belief, showing:
86     (1)  The name, date of birth, and current address of the
87child;
88     (2)  The names and current addresses of the child's
89parents;
90     (3)  The names and current addresses of the persons with
91whom the child has lived during the past 5 years;
92     (4)  The places where the child has lived during the past 5
93years;
94     (5)  Information concerning any custody proceeding in this
95or any other state with respect to the child;
96     (6)  The residence and post office address of the
97petitioner;
98     (7)  The petitioner's relationship to the child;
99     (8)  The consent of the child's parents, or the specific
100acts or omissions of the parents which demonstrate that the
101parents have abused, abandoned, or neglected the child as
102defined in chapter 39;
103     (9)  Any temporary or permanent orders for child support,
104the court entering the order, and the case number;
105     (10)  Any temporary or permanent order for protection
106entered on behalf of or against either parent, the petitioner,
107or the child; the court entering the order; and the case number;
108     (11)  That it is in the best interest of the child for the
109petitioner to have custody of the child; and
110     (12)  A statement of the period of time the petitioner is
111requesting temporary custody, including a statement of the
112reasons supporting that request.
113
114Only an extended family member or another person interested in
115the welfare of a minor child may file a petition under this
116chapter.
117     Section 5.  Paragraph (b) of subsection (5) of section
118751.05, Florida Statutes, is amended to read:
119     751.05  Order granting temporary custody.--
120     (5)
121     (b)  The order granting temporary custody may redirect all
122or part of an existing child support obligation to be paid to
123the extended family member or another person interested in the
124welfare of a minor child who is granted temporary custody of the
125child. If the court redirects an existing child support
126obligation, the order granting temporary custody must include,
127if possible, the determination of arrearages owed to the obligee
128and the person awarded temporary custody and must order payment
129of the arrearages. The clerk of the circuit court in which the
130temporary custody order is entered shall transmit a certified
131copy thereof to the court originally entering the child support
132order. The temporary custody order shall be recorded and filed
133in the original action in which child support was determined and
134become a part thereof. A copy of the temporary custody order
135shall be filed with the depository that serves as the official
136recordkeeper for support payments due under the support order.
137The depository shall maintain separate accounts and separate
138account numbers for individual obligees.
139     Section 6.  This act shall take effect July 1, 2007.


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