HB 25

1
A bill to be entitled
2An act relating to temporary and concurrent custody of a
3child; revising ch. 751, F.S., relating to petitions and
4court orders awarding the temporary custody of a child to
5an extended family member, to also provide for concurrent
6custody with the parents of the child; amending s. 751.01,
7F.S.; conforming provisions to changes made by the act;
8amending s. 751.011, F.S.; revising definitions; defining
9the term "concurrent custody"; amending s. 751.02, F.S.;
10providing requirements for concurrent custody; amending s.
11751.03, F.S.; revising the petition for concurrent custody
12to require additional information; amending s. 751.04,
13F.S.; conforming provisions to changes made by the act;
14amending s. 751.05, F.S.; providing that if a parent
15objects to a petition for concurrent custody, the court
16may not grant the petition and must give the petitioner
17the option of converting the petition to one for temporary
18custody; providing for dismissal of the petition;
19providing that an order granting concurrent custody does
20not affect the ability of the parents to obtain the
21physical custody of the child at any time; providing for
22the court to terminate an order for concurrent custody if
23a parent withdraws his or her consent to the order;
24amending s. 49.011, F.S.; conforming provisions to changes
25made by the act; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Section 751.01, Florida Statutes, is amended to
30read:
31     751.01  Purpose of act.--The purposes of this chapter ss.
32751.01-751.05 are to:
33     (1)  Recognize that many minor children in this state live
34with and are well cared for by members of their extended
35families. The parents of these children have often provided for
36their care by placing them temporarily with another family
37member who is better able to care for them. Because of the care
38being provided the children by their extended families, they are
39not dependent children.
40     (2)  Provide for the welfare of a minor child who is living
41with extended family members. At present, such family members
42are unable to give complete care to the child in their custody
43because they lack a legal document that explains and defines
44their relationship to the child, and they are unable effectively
45to consent to the care of the child by third parties.
46     (3)  Provide temporary or concurrent custody of a minor
47child to a family member having physical custody of the minor
48child to enable the custodian to:
49     (a)  Consent to all necessary and reasonable medical and
50dental care for the child, including nonemergency surgery and
51psychiatric care.;
52     (b)  Secure copies of the child's records, held by third
53parties, that are necessary for to the care of the child,
54including, but not limited to:
55     1.  Medical, dental, and psychiatric records.;
56     2.  Birth certificates and other records.; and
57     3.  Educational records.;
58     (c)  Enroll the child in school and grant or withhold
59consent for a child to be tested or placed in special school
60programs, including exceptional education.; and
61     (d)  Do all other things necessary for the care of the
62child.
63     Section 2.  Section 751.011, Florida Statutes, is amended
64to read:
65     751.011  Definitions.--As used in this chapter ss. 751.01-
66751.05, the term:
67     (1)  "Concurrent custody" means that an eligible individual
68is awarded custodial rights to care for a child concurrently
69with the child's parent or parents.
70     (2)  "Extended family member" means a is any person who is:
71     (a)(1)  A relative of a minor child within the third degree
72by blood or marriage to the parent; or
73     (b)(2)  The stepparent of a minor child if the stepparent
74is currently married to the parent of the child and is not a
75party in a pending dissolution, separate maintenance, domestic
76violence, or other civil or criminal proceeding in any court of
77competent jurisdiction involving one or both of the child's
78parents as an adverse party.
79     Section 3.  Section 751.02, Florida Statutes, is amended to
80read:
81     751.02  Determination of Temporary or concurrent custody
82proceedings; jurisdiction.--
83     (1)  The following individuals may bring proceedings in the
84circuit court to determine the temporary or concurrent custody
85of a minor child:
86     (a)(1)  Any extended family member who has the signed,
87notarized consent of the child's legal parents; or
88     (b)(2)  Any extended family member who is caring full time
89for the child in the role of a substitute parent and with whom
90the child is presently living.
91     (2)  In addition to the requirements of subsection (1), an
92individual seeking concurrent custody must:
93     (a)  Currently have physical custody of the child and have
94had physical custody of the child for at least 10 days in any
9530-day period within the last 12 months; and
96     (b)  Not have signed, written documentation from a parent
97which is sufficient to enable the custodian to do all of the
98things necessary to care for the child which are available to
99custodians who have an order issued under s. 751.05.
100     Section 4.  Section 751.03, Florida Statutes, is amended to
101read:
102     751.03  Petition for temporary or concurrent custody;
103contents.--Each petition for temporary or concurrent custody of
104a minor child must be verified by the petitioner, who must be an
105extended family member, and must contain statements, to the best
106of the petitioner's knowledge and belief, providing showing:
107     (1)  The name, date of birth, and current address of the
108child.;
109     (2)  The names and current addresses of the child's
110parents.;
111     (3)  The names and current addresses of the persons with
112whom the child has lived during the past 5 years.;
113     (4)  The places where the child has lived during the past 5
114years.;
115     (5)  Information concerning any custody proceeding in this
116or any other state with respect to the child.;
117     (6)  The residence and post office address of the
118petitioner.;
119     (7)  The petitioner's relationship to the child.;
120     (8)  If concurrent custody is being requested:
121     (a)  The time periods during the last 12 months that the
122child resided with the petitioner;
123     (b)  The type of document, if any, provided by the parent
124or parents to enable the petitioner to act on behalf of the
125child;
126     (c)  The services or actions that the petitioner is unable
127to obtain or undertake without an order of custody; and
128     (d)  Whether each parent has consented in writing to the
129entry of an order of concurrent custody.
130
131A copy of the written consent and any documents provided by the
132parent to assist the petitioner in obtaining services must be
133attached to the petition.
134     (9)(8)  If temporary custody is being requested, the
135consent of the child's parents, or the specific acts or
136omissions of the parents which demonstrate that the parents have
137abused, abandoned, or neglected the child as defined in chapter
13839.;
139     (10)(9)  Any temporary or permanent orders for child
140support, the court entering the order, and the case number.;
141     (11)(10)  Any temporary or permanent order for protection
142entered on behalf of or against either parent, the petitioner,
143or the child; the court entering the order; and the case
144number.;
145     (12)(11)  That it is in the best interest of the child for
146the petitioner to have custody of the child.; and
147     (13)(12)  A statement of the period of time the petitioner
148is requesting temporary custody, including a statement of the
149reasons supporting that request.
150
151Only an extended family member may file a petition under this
152chapter.
153     Section 5.  Section 751.04, Florida Statutes, is amended to
154read:
155     751.04  Notice and opportunity to be heard.--Before a
156decree is made under this chapter ss. 751.01-751.05, reasonable
157notice and opportunity to be heard must be given to the parents
158of the minor child by service of process, either personal or
159constructive.
160     Section 6.  Section 751.05, Florida Statutes, is amended to
161read:
162     751.05  Order granting temporary or concurrent custody.--
163     (1)  At the hearing on the petition for temporary or
164concurrent custody, the court must hear the evidence concerning
165a minor child's need for care by the petitioner, all other
166matters required to be set forth in the petition, and the
167objections or other testimony of the child's parents, if
168present.
169     (2)  Unless the minor child's parents object, the court
170shall award the temporary or concurrent custody of the child to
171the petitioner if when it is in the best interest of the child
172to do so.
173     (3)  If one of the minor child's parents objects to:
174     (a)  The petition for concurrent custody, in writing, the
175court may not grant the petition even if the other parent
176consents, in writing, to the entry of the order. The court shall
177give the petitioner the option of converting the petition to a
178petition for temporary custody. If the petitioner so elects, the
179court shall set the matter for further hearing, provide notice
180to the parent or parents, and proceed pursuant to paragraph (b).
181If the petition is not converted into a petition for temporary
182custody, it shall be dismissed without prejudice.
183     (b)  The petition for temporary custody granting of
184temporary custody to the petitioner, the court shall grant the
185petition only upon a finding, by clear and convincing evidence,
186that the child's parent or parents are unfit to provide for the
187care and control of the child. In determining that a parent is
188unfit, the court must find that the parent has abused,
189abandoned, or neglected the child, as defined in chapter 39.
190     (4)  The order granting:
191     (a)  Concurrent custody of the minor child may not
192eliminate or diminish the custodial rights of the child's parent
193or parents. The order must expressly state that the grant of
194custody does not affect the ability of the child's parent or
195parents to obtain physical custody of the child at any time.
196     (b)  Temporary custody of the minor child to the petitioner
197may also grant visitation rights to the child's parent or
198parents, if it is in the best interest of the child to do so.
199     (5)(a)  The order granting temporary or concurrent custody
200of the minor child to the petitioner:
201     (a)  May not include an order for the support of the child
202unless the parent has received personal or substituted service
203of process, the petition requests an order for the support of
204the child, and there is evidence of the parent's ability to pay
205the support ordered.
206     (b)  The order granting temporary custody May redirect all
207or part of an existing child support obligation to be paid to
208the extended family member who is granted temporary or
209concurrent custody of the child. If the court redirects an
210existing child support obligation, the order granting temporary
211or concurrent custody must include, if possible, the
212determination of arrearages owed to the obligee and the person
213awarded temporary or concurrent custody and must order payment
214of the arrearages. The clerk of the circuit court in which the
215temporary custody order is entered shall transmit a certified
216copy thereof to the court originally entering the child support
217order. The temporary or concurrent custody order shall be
218recorded and filed in the original action in which child support
219was determined and become a part thereof. A copy of the
220temporary or concurrent custody order shall also be filed with
221the depository that serves as the official recordkeeper for
222support payments due under the support order. The depository
223must shall maintain separate accounts and separate account
224numbers for individual obligees.
225     (6)  At any time, either or both of the child's parents may
226petition the court to modify or terminate the order granting
227temporary custody. The court shall terminate the order upon a
228finding that the parent is a fit parent, or by consent of the
229parties. The court may modify an order granting temporary
230custody if the parties consent or if modification is in the best
231interest of the child.
232     (7)  At any time, the petitioner or either or both of the
233child's parents may move the court to modify the child support
234provision or terminate the order granting concurrent custody.
235The court shall terminate the order upon a finding that either
236or both of the child's parents object to the order. The fact
237that an order for concurrent custody has been terminated does
238not preclude any person who is otherwise eligible to petition
239for temporary custody from filing such petition. The court may
240modify an order granting child support if the parties consent
241and if modification is in the best interest of the child.
242     Section 7.  Subsection (14) of section 49.011, Florida
243Statutes, is amended to read:
244     49.011  Service of process by publication; cases in which
245allowed.--Service of process by publication may be made in any
246court on any party identified in s. 49.021 in any action or
247proceeding:
248     (14)  For temporary custody of a minor child, under chapter
249751 ss. 751.01-751.05.
250     Section 8.  This act shall take effect July 1, 2010.


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