Florida Senate - 2022 SB 1408 By Senator Perry 8-01746-22 20221408__ 1 A bill to be entitled 2 An act relating to grandparent rights in dependency 3 proceedings; amending s. 39.01, F.S.; revising the 4 definition of the term party; amending s. 39.509, 5 F.S.; creating a presumption for granting a maternal 6 or paternal grandparent or stepgrandparent reasonable 7 visitation of a dependent child under certain 8 circumstances; providing a burden for overcoming such 9 presumption; authorizing the maternal or paternal 10 grandparent or stepgrandparent of a dependent child to 11 file a motion to intervene in a dependency proceeding 12 under certain circumstances; requiring the court to 13 automatically grant standing in a dependency 14 proceeding to the maternal or paternal grandparent or 15 stepgrandparent under certain circumstances; providing 16 an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1.Subsection (58) of section 39.01, Florida 21 Statutes, is amended to read: 22 39.01Definitions.When used in this chapter, unless the 23 context otherwise requires: 24 (58)Party means the parent or parents of the child, the 25 petitioner, the department, the guardian ad litem or the 26 representative of the guardian ad litem program when the program 27 has been appointed, and the child. The maternal or paternal 28 grandparent or stepgrandparent of the child may become a party, 29 but only to the extent permitted under s. 39.509(2). The 30 presence of the child may be excused by order of the court when 31 presence would not be in the childs best interest. Notice to 32 the child may be excused by order of the court when the age, 33 capacity, or other condition of the child is such that the 34 notice would be meaningless or detrimental to the child. 35 Section 2.Section 39.509, Florida Statutes, is amended to 36 read: 37 39.509Grandparents rights. 38 (1)Notwithstanding any other provision of law, a maternal 39 or paternal grandparent as well as a stepgrandparent is entitled 40 to reasonable visitation with his or her grandchild who has been 41 adjudicated a dependent child and taken from the physical 42 custody of the parent unless the court finds that such 43 visitation is not in the best interests interest of the child or 44 that such visitation would interfere with the goals of the case 45 plan. If the court finds that one parent of the dependent child 46 has been held criminally or civilly liable for the death of the 47 other parent of the dependent child, there is a presumption for 48 granting reasonable visitation with the petitioning grandparent 49 or stepgrandparent if he or she is the parent of the dependent 50 childs deceased parent. This presumption may be overcome only 51 if the court finds that granting such visitation is not in the 52 best interests of the child. Reasonable visitation may be 53 unsupervised and, where appropriate and feasible, may be 54 frequent and continuing. Any order for visitation or other 55 contact must conform to the provisions of s. 39.0139. 56 (a)(1)Grandparent visitation may take place in the home of 57 the grandparent unless there is a compelling reason for denying 58 such a visitation. The departments caseworker shall arrange the 59 visitation to which a grandparent is entitled under pursuant to 60 this section. The state may shall not charge a fee for any costs 61 associated with arranging the visitation. However, the 62 grandparent must shall pay for the childs cost of 63 transportation when the visitation is to take place in the 64 grandparents home. The caseworker must shall document the 65 reasons for any decision to restrict a grandparents visitation. 66 (b)(2)A grandparent entitled to visitation under pursuant 67 to this section is shall not be restricted from appropriate 68 displays of affection to the child, such as appropriately 69 hugging or kissing his or her grandchild. Gifts, cards, and 70 letters from the grandparent and other family members may shall 71 not be denied to a child who has been adjudicated a dependent 72 child. 73 (c)(3)Any attempt by a grandparent to facilitate a meeting 74 between the child who has been adjudicated a dependent child and 75 the childs parent or legal custodian, or any other person in 76 violation of a court order shall automatically terminate future 77 visitation rights of the grandparent. 78 (d)(4)When the child has been returned to the physical 79 custody of his or her parent, the visitation rights granted 80 under pursuant to this section shall terminate. 81 (e)(5)The termination of parental rights does not affect 82 the rights of grandparents unless the court finds that such 83 visitation is not in the best interest of the child or that such 84 visitation would interfere with the goals of permanency planning 85 for the child. 86 (f)(6)In determining whether grandparental visitation is 87 not in the childs best interest, consideration may be given to 88 the following: 89 1.(a)The finding of guilt, regardless of adjudication, or 90 entry or plea of guilty or nolo contendere to charges under the 91 following statutes, or similar statutes of other jurisdictions: 92 s. 787.04, relating to removing minors from the state or 93 concealing minors contrary to court order; s. 794.011, relating 94 to sexual battery; s. 798.02, relating to lewd and lascivious 95 behavior; chapter 800, relating to lewdness and indecent 96 exposure; s. 826.04, relating to incest; or chapter 827, 97 relating to the abuse of children. 98 2.(b)The designation by a court as a sexual predator as 99 defined in s. 775.21 or a substantially similar designation 100 under laws of another jurisdiction. 101 3.(c)A report of abuse, abandonment, or neglect under ss. 102 415.101-415.113 or this chapter and the outcome of the 103 investigation concerning such report. 104 (2)Notwithstanding any other provision of law, once a 105 child has been adjudicated a dependent child and is taken from 106 the physical custody of the parent, the maternal or paternal 107 grandparent or stepgrandparent of that child may file a motion 108 to intervene in the dependency proceeding. If the court has 109 terminated parental rights, the maternal or paternal grandparent 110 or stepgrandparent of the child shall automatically become a 111 party to the dependency proceeding unless the court finds that 112 allowing the grandparent or stepgrandparent standing is not in 113 the best interests of the child. 114 Section 3.This act shall take effect July 1, 2022.