Florida Senate - 2021 SENATOR AMENDMENT Bill No. CS for HB 133 Ì816820ÆÎ816820 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . Floor: CA 04/26/2021 01:32 PM . 04/29/2021 07:18 PM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Baxley moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (1) of section 383.50, Florida 6 Statutes, is amended to read: 7 383.50 Treatment of surrendered newborn infant.— 8 (1) As used in this section, the term “newborn infant” 9 means a child who a licensed physician reasonably believes is 10 approximately 30
7days old or younger at the time the child is 11 left at a hospital, an emergency medical services station, or a 12 fire station. 13 Section 2. Section 63.0423, Florida Statutes, is amended to 14 read: 15 63.0423 Procedures with respect to surrendered newborn 16 infants.— 17 (1) Upon entry of final judgment terminating parental 18 rights, a licensed child-placing agency that takes physical 19 custody of a newborn aninfant surrendered at a hospital, an 20 emergency medical services station, or a fire station pursuant 21 to s. 383.50 assumes responsibility for the medical and other 22 costs associated with the emergency services and care of the 23 surrendered newborn infant from the time the licensed child 24 placing agency takes physical custody of the surrendered newborn 25 infant. 26 (2) The licensed child-placing agency shall immediately 27 seek an order from the circuit court for emergency custody of 28 the surrendered newborn infant. The emergency custody order 29 shall remain in effect until the court orders preliminary 30 approval of placement of the surrendered newborn infant in the 31 prospective home, at which time the prospective adoptive parents 32 become guardians pending termination of parental rights and 33 finalization of adoption or until the court orders otherwise. 34 The guardianship of the prospective adoptive parents shall 35 remain subject to the right of the licensed child-placing agency 36 to remove the surrendered newborn infant from the placement 37 during the pendency of the proceedings if such removal is deemed 38 by the licensed child-placing agency to be in the best interests 39 of the child. The licensed child-placing agency may immediately 40 seek to place the surrendered newborn infant in a prospective 41 adoptive home. 42 (3) The licensed child-placing agency that takes physical 43 custody of the surrendered newborn infant shall, within 24 hours 44 thereafter, request assistance from law enforcement officials to 45 investigate and determine, through the Missing Children 46 Information Clearinghouse, the National Center for Missing and 47 Exploited Children, and any other national and state resources, 48 whether the surrendered newborn infant is a missing child. 49 (4) The parent who surrenders the newborn infant in 50 accordance with s. 383.50 is presumed to have consented to 51 termination of parental rights, and express consent is not 52 required. Except when there is actual or suspected child abuse 53 or neglect, the licensed child-placing agency shall not attempt 54 to pursue, search for, or notify that parent as provided in s. 55 63.088 and chapter 49. For purposes of s. 383.50 and this 56 section, a surrendered newborn aninfant who tests positive for 57 illegal drugs, narcotic prescription drugs, alcohol, or other 58 substances, but shows no other signs of child abuse or neglect, 59 shall be placed in the custody of a licensed child-placing 60 agency. Such a placement does not eliminate the reporting 61 requirement under s. 383.50(7). When the department is contacted 62 regarding a newborn aninfant properly surrendered under this 63 section and s. 383.50, the department shall provide instruction 64 to contact a licensed child-placing agency and may not take 65 custody of the newborn infant unless reasonable efforts to 66 contact a licensed child-placing agency to accept the newborn 67 infant have not been successful. 68 (5) A petition for termination of parental rights under 69 this section may not be filed until 30 days after the date the 70 newborn infant was surrendered in accordance with s. 383.50. A 71 petition for termination of parental rights may not be granted 72 until a parent has failed to reclaim or claim the surrendered 73 newborn infant within the time period specified in s. 383.50. 74 (6) A claim of parental rights of the surrendered newborn 75 infant must be made to the entity having legal custody of the 76 surrendered newborn infant or to the circuit court before which 77 proceedings involving the surrendered newborn infant are 78 pending. A claim of parental rights of the surrendered newborn 79 infant may not be made after the judgment to terminate parental 80 rights is entered, except as otherwise provided by subsection 81 (9). 82 (7) If a claim of parental rights of a surrendered newborn 83 infant is made before the judgment to terminate parental rights 84 is entered, the circuit court may hold the action for 85 termination of parental rights in abeyance for a period of time 86 not to exceed 60 days. 87 (a) The court may order scientific testing to determine 88 maternity or paternity at the expense of the parent claiming 89 parental rights. 90 (b) The court shall appoint a guardian ad litem for the 91 surrendered newborn infant and order whatever investigation, 92 home evaluation, and psychological evaluation are necessary to 93 determine what is in the best interests of the surrendered 94 newborn infant. 95 (c) The court may not terminate parental rights solely on 96 the basis that the parent left the newborn infant at a hospital, 97 an emergency medical services station, or a fire station in 98 accordance with s. 383.50. 99 (d) The court shall enter a judgment with written findings 100 of fact and conclusions of law. 101 (8) Within 7 business days after recording the judgment, 102 the clerk of the court shall mail a copy of the judgment to the 103 department, the petitioner, and any person whose consent was 104 required, if known. The clerk shall execute a certificate of 105 each mailing. 106 (9)(a) A judgment terminating parental rights of a 107 surrendered newborn infant pending adoption is voidable, and any 108 later judgment of adoption of that child minoris voidable, if, 109 upon the motion of a parent, the court finds that a person 110 knowingly gave false information that prevented the parent from 111 timely making known his or her desire to assume parental 112 responsibilities toward the child minoror from exercising his 113 or her parental rights. A motion under this subsection must be 114 filed with the court originally entering the judgment. The 115 motion must be filed within a reasonable time but not later than 116 1 year after the entry of the judgment terminating parental 117 rights. 118 (b) No later than 30 days after the filing of a motion 119 under this subsection, the court shall conduct a preliminary 120 hearing to determine what contact, if any, will be allowed 121 permittedbetween a parent and the child pending resolution of 122 the motion. Such contact may be allowed only if it is requested 123 by a parent who has appeared at the hearing and the court 124 determines that it is in the best interests of the child. If the 125 court orders contact between a parent and the child, the order 126 must be issued in writing as expeditiously as possible and must 127 state with specificity any provisions regarding contact with 128 persons other than those with whom the child resides. 129 (c) The court may not order scientific testing to determine 130 the paternity or maternity of the child minoruntil such time as 131 the court determines that a previously entered judgment 132 terminating the parental rights of that parent is voidable 133 pursuant to paragraph (a), unless all parties agree that such 134 testing is in the best interests of the child. Upon the filing 135 of test results establishing that person’s maternity or 136 paternity of the surrendered newborn infant, the court may order 137 visitation only if it appears to be in the best interests of the 138 child. 139 (d) Within 45 days after the preliminary hearing, the court 140 shall conduct a final hearing on the motion to set aside the 141 judgment and shall enter its written order as expeditiously as 142 possible thereafter. 143 (10) Except to the extent expressly provided in this 144 section, proceedings initiated by a licensed child-placing 145 agency for the termination of parental rights and subsequent 146 adoption of a newborn infant left at a hospital, an emergency 147 medical services station, or a fire station in accordance with 148 s. 383.50 shall be conducted pursuant to this chapter. 149 Section 3. This act shall take effect July 1, 2021. 150 151 ================= T I T L E A M E N D M E N T ================ 152 And the title is amended as follows: 153 Delete everything before the enacting clause 154 and insert: 155 A bill to be entitled 156 An act relating to surrendered newborn infants; 157 amending s. 383.50, F.S.; revising the definition of 158 the term “newborn infant”; amending s. 63.0423, F.S.; 159 making conforming and technical changes; providing an 160 effective date.