Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for HB 133
                              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)
    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 7 days 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 an infant 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 an infant 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 an infant 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 minor is 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 minor or 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  permitted between 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 minor until 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.
  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.