Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 306
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/30/2024           .                                

       The Committee on Children, Families, and Elder Affairs (Harrell)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (8) through (19) of section
    6  63.032, Florida Statutes, are redesignated as subsections (9)
    7  through (20), respectively, and a new subsection (8) is added to
    8  that section, to read:
    9         63.032 Definitions.—As used in this chapter, the term:
   10         (8) “Community-based care lead agency” or “lead agency” has
   11  the same meaning as in s. 409.986(3).
   12         Section 2. Present subsections (1) through (10) of section
   13  63.0432, Florida Statutes, are redesignated as subsections (2)
   14  through (11), respectively, and a new subsection (1) is added to
   15  that section, and redesignated subsection (3) is amended to
   16  read:
   17         63.0423 Procedures with respect to surrendered newborn
   18  infants; prospective adoptive parents of surrendered newborn
   19  infant registry.—
   20         (1)(a)Each community-based care lead agency shall
   21  establish and maintain a registry of prospective adoptive
   22  parents of surrendered newborn infants with the name, address,
   23  telephone number, and e-mail address of the prospective adoptive
   24  parent who has received a favorable preliminary home study under
   25  s. 63.092 and has indicated the desire to be a prospective
   26  adoptive parent of a surrendered newborn infant under s. 383.50.
   27  The registry must also maintain any known licensed child-placing
   28  agency representing the prospective adoptive parent. The
   29  community-based care lead agency must remove the information of
   30  a prospective adoptive parent from the registry when the
   31  favorable preliminary home study for such prospective adoptive
   32  parent is no longer valid as provided in s. 63.092(3) or the
   33  prospective adoptive parent asks to be removed from the
   34  registry.
   35         (b)If requested, the community-based care lead agency must
   36  provide the following to interested prospective adoptive parents
   37  of surrendered newborn infants:
   38         1.Information and education on the private adoption
   39  process; and
   40         2.Referrals to local licensed child-placing agencies that
   41  perform surrendered newborn infant adoptions.
   42         (c)The community-based care lead agency may not transfer
   43  the cost of establishing and maintaining the registry created
   44  pursuant to this subsection to a prospective adoptive parent.
   45         (d)The community-based care lead agency registry must
   46  maintain a rotating list of licensed child-placing agencies that
   47  are willing to take physical custody of surrendered newborn
   48  infants and perform all duties required under this section.
   49         (e) Licensed child-placing agencies that are named by the
   50  community-based care lead agency and take custody of surrendered
   51  newborn infants under this section must report the following to
   52  the community-based care lead agency within 30 days of the final
   53  adoption order:
   54         1. The length of time between taking physical custody of
   55  the surrendered newborn infant and the issuance of a final
   56  adoption order.
   57         2. Whether the named prospective adoptive parent from the
   58  registry adopted the surrendered newborn infant.
   59         3.The affidavit of and order approving expenses and
   60  receipts under s. 63.132.
   61         (3)(2)Upon taking physical custody of a newborn infant
   62  surrendered pursuant to s. 383.50, the licensed child-placing
   63  agency named by the community-based care lead agency shall
   64  immediately seek an order from the circuit court for emergency
   65  custody of the surrendered infant. The emergency custody order
   66  remains shall remain in effect until the court orders
   67  preliminary approval of placement of the surrendered infant in a
   68  the prospective home, at which time the prospective adoptive
   69  parent becomes the guardian of the surrendered infant parents
   70  become guardians pending termination of parental rights and
   71  finalization of adoption or until the court orders otherwise.
   72  The guardianship of the prospective adoptive parent is parents
   73  shall remain subject to the right of the licensed child-placing
   74  agency to remove the surrendered infant from the placement
   75  during the pendency of the proceedings if such removal is deemed
   76  by the licensed child-placing agency to be in the best interests
   77  of the child. The licensed child-placing agency shall may
   78  immediately seek to place the surrendered infant in a
   79  prospective adoptive home with the next prospective adoptive
   80  parent from the surrendered newborn infant registry maintained
   81  by the community-based care lead agency under this section. If
   82  the registry does not contain the name of an appropriate
   83  prospective adoptive parent, the community-based care lead
   84  agency must contact another community-based care lead agency and
   85  attempt to place the surrendered infant with a prospective
   86  adoptive parent from that lead agency’s registry.
   87         (5)(4) The parent who surrenders the infant in accordance
   88  with s. 383.50 is presumed to have consented to termination of
   89  parental rights, and express consent is not required. Except
   90  when there is actual or suspected child abuse or neglect, the
   91  community-based care lead agency or licensed child-placing
   92  agency may shall not attempt to pursue, search for, or notify
   93  that parent as provided in s. 63.088 and chapter 49. For
   94  purposes of s. 383.50 and this section, an infant who tests
   95  positive for illegal drugs, narcotic prescription drugs,
   96  alcohol, or other substances, but shows no other signs of child
   97  abuse or neglect, must shall be placed in the custody of a
   98  licensed child-placing agency named by the community-based care
   99  lead agency. Such a placement does not eliminate the reporting
  100  requirement under s. 383.50(7). When the department is contacted
  101  regarding an infant properly surrendered under this section and
  102  s. 383.50, the department shall provide instruction to contact a
  103  community-based care lead licensed child-placing agency and may
  104  not take custody of the infant unless reasonable efforts to
  105  contact a licensed child-placing agency named by the community
  106  based care lead agency to accept the infant have not been
  107  successful.
  108         Section 3. Subsections (1) and (7) of section 383.50,
  109  Florida Statutes, are amended to read:
  110         383.50 Treatment of surrendered newborn infant.—
  111         (1) As used in this section, the term:
  112         (a)“Community-based care lead agency” has the same meaning
  113  as in s. 409.986(3).
  114         (b) “Newborn infant” means a child who a licensed physician
  115  reasonably believes is approximately 7 days old or younger at
  116  the time the child is left at a hospital, emergency medical
  117  services station, or fire station.
  118         (7) Upon admitting a newborn infant under this section, the
  119  hospital shall immediately contact the a local community-based
  120  care lead licensed child-placing agency or alternatively contact
  121  the statewide central abuse hotline for the community-based care
  122  lead agency contact information. name of a licensed child
  123  placing agency For purposes of transferring physical custody of
  124  the newborn infant,. the hospital shall notify the community
  125  based care lead licensed child-placing agency that a newborn
  126  infant has been left with the hospital and approximately when
  127  the licensed child-placing agency named by the community-based
  128  care lead agency from the registry can take physical custody of
  129  the child. In cases where there is actual or suspected child
  130  abuse or neglect, the hospital or any of its licensed health
  131  care professionals shall report the actual or suspected child
  132  abuse or neglect in accordance with ss. 39.201 and 395.1023 in
  133  lieu of contacting the local community-based care lead a
  134  licensed child-placing agency.
  135         Section 4. Paragraph (e) of subsection (3) of section
  136  39.201, Florida Statutes, is amended to read:
  137         39.201 Required reports of child abuse, abandonment, or
  138  neglect, sexual abuse of a child, and juvenile sexual abuse;
  139  required reports of death; reports involving a child who has
  140  exhibited inappropriate sexual behavior.—
  142         (e) Surrendered newborn infants.—
  143         1. The central abuse hotline must receive reports involving
  144  surrendered newborn infants as described in s. 383.50.
  145         2.a. A report may not be considered a report of child
  146  abuse, abandonment, or neglect solely because the infant has
  147  been left at a hospital, emergency medical services station, or
  148  fire station under s. 383.50.
  149         b. If the report involving a surrendered newborn infant
  150  does not include indications of child abuse, abandonment, or
  151  neglect other than that necessarily entailed in the infant
  152  having been left at a hospital, emergency medical services
  153  station, or fire station, the central abuse hotline must provide
  154  to the person making the report the name of a local community
  155  based care lead an eligible licensed child-placing agency that
  156  is required to choose a licensed child-placing agency from the
  157  registry to accept physical custody of and to place surrendered
  158  newborn infants. The department shall provide names of eligible
  159  licensed child-placing agencies on a rotating basis.
  160         3. If the report includes indications of child abuse,
  161  abandonment, or neglect beyond that necessarily entailed in the
  162  infant having been left at a hospital, emergency medical
  163  services station, or fire station, the report must be considered
  164  as a report of child abuse, abandonment, or neglect and,
  165  notwithstanding chapter 383, is subject to s. 39.395 and all
  166  other relevant provisions of this chapter.
  167         Section 5. This act shall take effect July 1, 2024.
  169  ================= T I T L E  A M E N D M E N T ================
  170  And the title is amended as follows:
  171         Delete everything before the enacting clause
  172  and insert:
  173                        A bill to be entitled                      
  174         An act relating to placement of surrendered newborn
  175         infants; amending s. 63.032, F.S.; defining the term
  176         “community-based care lead agency”; amending s.
  177         63.0423, F.S.; requiring community-based care lead
  178         agencies to establish and maintain a specified
  179         registry; requiring that certain information be
  180         removed from the registry under certain circumstances;
  181         requiring certain information be provided to
  182         interested prospective adoptive parents; prohibiting
  183         the community-based care lead agency from transferring
  184         certain costs to prospective adoptive parents;
  185         requiring the specified registry to maintain a list of
  186         licensed child-placing agencies; requiring licensed
  187         child-placing agencies that take custody of
  188         surrendered newborn infants to report certain
  189         information; requiring licensed child-placing agencies
  190         to place a surrendered infant with certain prospective
  191         adoptive parents; providing requirements that apply if
  192         an appropriate prospective adoptive parent is not
  193         found in the registry; conforming provisions to
  194         changes made by the act; amending s. 383.50, F.S.;
  195         defining the term “community-based care lead agency”;
  196         providing requirements for the hospital once they take
  197         physical custody of a surrendered newborn infant;
  198         conforming provisions to changes made by the act;
  199         amending s. 39.201, F.S.; conforming provisions to
  200         changes made by the act; providing an effective date.