| 1 | A bill to be entitled |
| 2 | An act relating to child custody; amending ss. 751.01, |
| 3 | 751.011, 751.02, 751.03, and 751.05, F.S.; creating an |
| 4 | action for temporary custody of a minor child by certain |
| 5 | authorized persons interested in the welfare of the child; |
| 6 | providing a definition; providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Section 751.01, Florida Statutes, is amended to |
| 11 | read: |
| 12 | 751.01 Purpose of act.--The purposes of ss. 751.01-751.05 |
| 13 | are to: |
| 14 | (1) Recognize that many minor children in this state live |
| 15 | with and are well cared for by members of their extended |
| 16 | families or other persons interested in the welfare of minor |
| 17 | children. The parents of these children have often provided for |
| 18 | their care by placing them temporarily with another family |
| 19 | member or another person interested in the welfare of the minor |
| 20 | children who is better able to care for them. Because of the |
| 21 | care being provided the children by their extended families or |
| 22 | other persons interested in the welfare of the minor children, |
| 23 | they are not dependent children. |
| 24 | (2) Provide for the welfare of a minor child who is living |
| 25 | with extended family members or another person interested in the |
| 26 | welfare of the minor child. At present, such family members or |
| 27 | other persons interested in the welfare of the minor child are |
| 28 | unable to give complete care to the child in their custody |
| 29 | because they lack a legal document that explains and defines |
| 30 | their relationship to the child, and they are unable effectively |
| 31 | to consent to the care of the child by third parties. |
| 32 | (3) Provide temporary custody of a minor child to a family |
| 33 | member or another person interested in the welfare of the minor |
| 34 | child having physical custody of the minor child to enable the |
| 35 | custodian to: |
| 36 | (a) Consent to all necessary and reasonable medical and |
| 37 | dental care for the child, including nonemergency surgery and |
| 38 | psychiatric care; |
| 39 | (b) Secure copies of the child's records, held by third |
| 40 | parties, that are necessary to the care of the child, including, |
| 41 | but 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 |
| 46 | consent for a child to be tested or placed in special school |
| 47 | programs, including exceptional education; and |
| 48 | (d) Do all other things necessary for the care of the |
| 49 | child. |
| 50 | Section 2. Section 751.011, Florida Statutes, is amended |
| 51 | to read: |
| 52 | 751.011 Definitions.--As used in ss. 751.01-751.05, the |
| 53 | term: |
| 54 | (1) "Extended family member" is any person who is: |
| 55 | (a)(1) A relative within the third degree by blood or |
| 56 | marriage to the parent; or |
| 57 | (b)(2) The stepparent of a child if the stepparent is |
| 58 | currently married to the parent of the child and is not a party |
| 59 | in a pending dissolution, separate maintenance, domestic |
| 60 | violence, or other civil or criminal proceeding in any court of |
| 61 | competent jurisdiction involving one or both of the child's |
| 62 | parents as an adverse party. |
| 63 | (2) "Person interested in the welfare of a minor child" is |
| 64 | any person who is 18 years of age or older who has the consent |
| 65 | of the custodial parent or parents to assume custodial |
| 66 | responsibility for the minor child. |
| 67 | Section 3. Section 751.02, Florida Statutes, is amended to |
| 68 | read: |
| 69 | 751.02 Determination of temporary custody proceedings; |
| 70 | jurisdiction.--The following individuals may bring proceedings |
| 71 | in the circuit court to determine the temporary custody of a |
| 72 | minor child: |
| 73 | (1) Any extended family member or another person |
| 74 | interested in the welfare of a minor child who has the signed, |
| 75 | notarized consent of the child's legal parents; or |
| 76 | (2) Any extended family member or another person |
| 77 | interested in the welfare of a minor child who is caring full |
| 78 | time for the child in the role of a substitute parent and with |
| 79 | whom the child is presently living. |
| 80 | Section 4. Section 751.03, Florida Statutes, is amended to |
| 81 | read: |
| 82 | 751.03 Petition for temporary custody; contents.--Each |
| 83 | petition for temporary custody of a minor child must be verified |
| 84 | by the petitioner and must contain statements, to the best of |
| 85 | petitioner's knowledge and belief, showing: |
| 86 | (1) The name, date of birth, and current address of the |
| 87 | child; |
| 88 | (2) The names and current addresses of the child's |
| 89 | parents; |
| 90 | (3) The names and current addresses of the persons with |
| 91 | whom the child has lived during the past 5 years; |
| 92 | (4) The places where the child has lived during the past 5 |
| 93 | years; |
| 94 | (5) Information concerning any custody proceeding in this |
| 95 | or any other state with respect to the child; |
| 96 | (6) The residence and post office address of the |
| 97 | petitioner; |
| 98 | (7) The petitioner's relationship to the child; |
| 99 | (8) The consent of the child's parents, or the specific |
| 100 | acts or omissions of the parents which demonstrate that the |
| 101 | parents have abused, abandoned, or neglected the child as |
| 102 | defined in chapter 39; |
| 103 | (9) Any temporary or permanent orders for child support, |
| 104 | the court entering the order, and the case number; |
| 105 | (10) Any temporary or permanent order for protection |
| 106 | entered on behalf of or against either parent, the petitioner, |
| 107 | or 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 |
| 109 | petitioner to have custody of the child; and |
| 110 | (12) A statement of the period of time the petitioner is |
| 111 | requesting temporary custody, including a statement of the |
| 112 | reasons supporting that request. |
| 113 |
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| 114 | Only an extended family member or another person interested in |
| 115 | the welfare of a minor child may file a petition under this |
| 116 | chapter. |
| 117 | Section 5. Paragraph (b) of subsection (5) of section |
| 118 | 751.05, 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 |
| 122 | or part of an existing child support obligation to be paid to |
| 123 | the extended family member or another person interested in the |
| 124 | welfare of a minor child who is granted temporary custody of the |
| 125 | child. If the court redirects an existing child support |
| 126 | obligation, the order granting temporary custody must include, |
| 127 | if possible, the determination of arrearages owed to the obligee |
| 128 | and the person awarded temporary custody and must order payment |
| 129 | of the arrearages. The clerk of the circuit court in which the |
| 130 | temporary custody order is entered shall transmit a certified |
| 131 | copy thereof to the court originally entering the child support |
| 132 | order. The temporary custody order shall be recorded and filed |
| 133 | in the original action in which child support was determined and |
| 134 | become a part thereof. A copy of the temporary custody order |
| 135 | shall be filed with the depository that serves as the official |
| 136 | recordkeeper for support payments due under the support order. |
| 137 | The depository shall maintain separate accounts and separate |
| 138 | account numbers for individual obligees. |
| 139 | Section 6. This act shall take effect July 1, 2007. |