Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 870
       
       
       
       
       
       
                                Ì140998_Î140998                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2023           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Children, Families, and Elder Affairs (Burton)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 132 - 321
    4  and insert:
    5  or neglect, any parent who leaves a newborn infant in accordance
    6  with this section with a firefighter, emergency medical
    7  technician, or paramedic at a fire station or emergency medical
    8  services station, or brings a newborn infant to an emergency
    9  room of a hospital and expresses an intent to leave the newborn
   10  infant and not return, has the absolute right to remain
   11  anonymous and to leave at any time and may not be pursued or
   12  followed unless the parent seeks to reclaim the newborn infant.
   13  When an infant is born in a hospital and the mother expresses
   14  intent to leave the infant and not return, upon the mother’s
   15  request, the hospital or registrar must shall complete the
   16  infant’s birth certificate without naming the mother thereon.
   17         (7)(6) A parent of a newborn infant surrendered left at a
   18  hospital, emergency medical services station, or fire station
   19  under this section may claim his or her newborn infant up until
   20  the court enters a judgment terminating his or her parental
   21  rights. A claim to the newborn infant must be made to the entity
   22  having physical or legal custody of the newborn infant or to the
   23  circuit court before whom proceedings involving the newborn
   24  infant are pending.
   25         (8)(7) Upon admitting a newborn infant under this section,
   26  the hospital shall immediately contact a local licensed child
   27  placing agency or alternatively contact the statewide central
   28  abuse hotline for the name of a licensed child-placing agency
   29  for purposes of transferring physical custody of the newborn
   30  infant. The hospital shall notify the licensed child-placing
   31  agency that a newborn infant has been left with the hospital and
   32  approximately when the licensed child-placing agency can take
   33  physical custody of the child. In cases where there is actual or
   34  suspected child abuse or neglect, the hospital or any of its
   35  licensed health care professionals shall report the actual or
   36  suspected child abuse or neglect in accordance with ss. 39.201
   37  and 395.1023 in lieu of contacting a licensed child-placing
   38  agency.
   39         (9)(8) Any newborn infant admitted to a hospital in
   40  accordance with this section is presumed eligible for coverage
   41  under Medicaid, subject to federal rules.
   42         (10)(9) A newborn infant surrendered left at a hospital,
   43  emergency medical services station, or fire station in
   44  accordance with this section is shall not be deemed abandoned or
   45  and subject to reporting and investigation requirements under s.
   46  39.201 unless there is actual or suspected child abuse or until
   47  the Department of Health takes physical custody of the child.
   48         (11)If the parent of a newborn infant is otherwise unable
   49  to surrender the newborn infant in accordance with this section,
   50  the parent may dial 911 to request that an emergency medical
   51  services provider meet the surrendering parent at a specified
   52  location. The surrendering parent must stay with the newborn
   53  infant until the emergency medical services provider arrives to
   54  take custody of the newborn infant.
   55         (12)(10) A criminal investigation may shall not be
   56  initiated solely because a newborn infant is surrendered left at
   57  a hospital under this section unless there is actual or
   58  suspected child abuse or neglect.
   59         Section 2. Subsections (1), (4), (7), (9), and (10) of
   60  section 63.0423, Florida Statutes, are amended to read:
   61         63.0423 Procedures with respect to surrendered infants.—
   62         (1) Upon entry of final judgment terminating parental
   63  rights, a licensed child-placing agency that takes physical
   64  custody of an infant surrendered at a hospital, emergency
   65  medical services station, or fire station pursuant to s. 383.50
   66  assumes responsibility for the medical and other costs
   67  associated with the emergency services and care of the
   68  surrendered infant from the time the licensed child-placing
   69  agency takes physical custody of the surrendered infant.
   70         (4) The parent who surrenders the infant in accordance with
   71  s. 383.50 is presumed to have consented to termination of
   72  parental rights, and express consent is not required. Except
   73  when there is actual or suspected child abuse or neglect, the
   74  licensed child-placing agency may shall not attempt to pursue,
   75  search for, or notify that parent as provided in s. 63.088 and
   76  chapter 49. For purposes of s. 383.50 and this section, an
   77  infant who tests positive for illegal drugs, narcotic
   78  prescription drugs, alcohol, or other substances, but shows no
   79  other signs of child abuse or neglect, shall be placed in the
   80  custody of a licensed child-placing agency. Such a placement
   81  does not eliminate the reporting requirement under s. 383.50(8)
   82  s. 383.50(7). When the department is contacted regarding an
   83  infant properly surrendered under this section and s. 383.50,
   84  the department shall provide instruction to contact a licensed
   85  child-placing agency and may not take custody of the infant
   86  unless reasonable efforts to contact a licensed child-placing
   87  agency to accept the infant have not been successful.
   88         (7) If a claim of parental rights of a surrendered infant
   89  is made before the judgment to terminate parental rights is
   90  entered, the circuit court may hold the action for termination
   91  of parental rights in abeyance for a period of time not to
   92  exceed 60 days.
   93         (a) The court may order scientific testing to determine
   94  maternity or paternity at the expense of the parent claiming
   95  parental rights.
   96         (b) The court shall appoint a guardian ad litem for the
   97  surrendered infant and order any whatever investigation, home
   98  evaluation, or and psychological evaluation are necessary to
   99  determine what is in the best interests of the surrendered
  100  infant.
  101         (c) The court may not terminate parental rights solely on
  102  the basis that the parent surrendered left the infant at a
  103  hospital, emergency medical services station, or fire station in
  104  accordance with s. 383.50.
  105         (d) The court shall enter a judgment with written findings
  106  of fact and conclusions of law.
  107         (9)(a) A judgment terminating parental rights to a
  108  surrendered infant pending adoption is voidable, and any later
  109  judgment of adoption of that child minor is voidable, if, upon
  110  the motion of a parent, the court finds that a person knowingly
  111  gave false information that prevented the parent from timely
  112  making known his or her desire to assume parental
  113  responsibilities toward the child minor or from exercising his
  114  or her parental rights. A motion under this subsection must be
  115  filed with the court originally entering the judgment. The
  116  motion must be filed within a reasonable time but not later than
  117  1 year after the entry of the judgment terminating parental
  118  rights.
  119         (b) No later than 30 days after the filing of a motion
  120  under this subsection, the court shall conduct a preliminary
  121  hearing to determine what contact, if any, will be allowed
  122  permitted between a parent and the child pending resolution of
  123  the motion. Such contact may be allowed only if it is requested
  124  by a parent who has appeared at the hearing and the court
  125  determines that it is in the best interests of the child. If the
  126  court orders contact between a parent and the child, the order
  127  must be issued in writing as expeditiously as possible and must
  128  state with specificity any provisions regarding contact with
  129  persons other than those with whom the child resides.
  130         (c) The court may not order scientific testing to determine
  131  the paternity or maternity of the child minor until such time as
  132  the court determines that a previously entered judgment
  133  terminating the parental rights of that parent is voidable
  134  pursuant to paragraph (a), unless all parties agree that such
  135  testing is in the best interests of the child. Upon the filing
  136  of test results establishing that person’s maternity or
  137  paternity of the surrendered infant, the court may order
  138  visitation only if it appears to be in the best interests of the
  139  child.
  140         (d) Within 45 days after the preliminary hearing, the court
  141  shall conduct a final hearing on the motion to set aside the
  142  judgment and shall enter its written order as expeditiously as
  143  possible thereafter.
  144         (10) Except to the extent expressly provided in this
  145  section, proceedings initiated by a licensed child-placing
  146  agency for the termination of parental rights and subsequent
  147  adoption of a newborn infant surrendered left at a hospital,
  148  emergency medical services station, or fire station in
  149  accordance with
  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 lines 19 - 31
  154  and insert:
  155         circumstances; conforming provisions to changes made
  156         by the act; authorizing a parent to surrender a
  157         newborn infant by calling 911 and requesting an
  158         emergency medical services provider to meet at a
  159         specified location to retrieve the newborn infant;
  160         requiring the parent to stay with the newborn infant
  161         until the emergency medical services provider arrives;
  162         amending s. 63.0423, F.S.;