Florida 2024 Regular Session

Florida House Bill H0327 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 327 2024
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to placement of surrendered newborn 2
16	16	infants; amending s. 63.032, F.S.; defining the term 3
17	17	"community-based care lead agency"; amending s. 4
18	18	63.039, F.S.; requiring community -based care lead 5
19	19	agencies to establish and maintain a specified 6
20	20	registry; requiring that certain information be 7
21	21	removed from the registry under certain circumstances; 8
22	22	prohibiting the community -based care lead agency from 9
23	23	transferring certain costs to prospective adoptive 10
24	24	parents; conforming provisions to changes made by the 11
25	25	act; amending s. 63.0423, F.S.; revising the entity 12
26	26	responsible for surrendered infants from licensed 13
27	27	child-placing agencies to community -based care lead 14
28	28	agencies; requiring community -based care lead agencies 15
29	29	to seek an order for emergency custody of a 16
30	30	surrendered infant; requiring community -based care 17
31	31	lead agencies to place a surrendered infant with 18
32	32	certain prospective adoptive parents; providing 19
33	33	requirements that apply if an appropriate prospective 20
34	34	adoptive parent is not found in the registry; 21
35	35	conforming provisions to changes made by the act; 22
36	36	amending s. 383.50, F.S.; defining the term 23
37	37	"community-based care lead agency"; providing 24
38	38	requirements for community -based care lead agencies 25
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40	40	HB 327 2024
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	once they take physical custody of a surrendered 26
52	52	newborn infant; conforming provisions to changes made 27
53	53	by the act; amending s. 39.201, F.S.; conforming 28
54	54	provisions to changes made by the act; providing an 29
55	55	effective date. 30
56	56	31
57	57	Be It Enacted by the Legislature of the State of Florida: 32
58	58	33
59	59	Section 1. Subsections (8) through (19) of section 63.032, 34
60	60	Florida Statutes, are renumbered as subsections (9) through 35
61	61	(20), respectively, and a new subsection (8) is added to that 36
62	62	section, to read: 37
63	63	63.032 Definitions. —As used in this chapter, the term: 38
64	64	(8) "Community-based care lead agency" or "lead agency" 39
65	65	has the same meaning as in s. 409.986(3). 40
66	66	Section 2. Subsections (3), (4), and (5) of section 41
67	67	63.039, Florida Statutes, are renumbered as subsections (4), 42
68	68	(5), and (6), respectively, paragraph (b) of present subsection 43
69	69	(5) is amended, and a new subsection (3) is added to that 44
70	70	section, to read: 45
71	71	63.039 Duties Duty of adoption entity; to Prospective 46
72	72	Adoptive Parents of Infants registries ; sanctions.— 47
73	73	(3)(a) Each community -based care lead agency shall 48
74	74	establish and maintain a registry of prospective adoptive 49
75	75	parents of infants with the names, addresses, telephone numbers, 50
76	76
77	77	HB 327 2024
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0327-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	and e-mail addresses of prospective adoptive parents who have 51
89	89	received a favorable preliminary home study under s. 63.092 and 52
90	90	have indicated the desire to be a prospectiv e adoptive parent 53
91	91	for a newborn infant surrendered under s. 383.50. The community -54
92	92	based care lead agency must remove the information of a 55
93	93	prospective adoptive parent from the registry when the favorable 56
94	94	preliminary home study for such prospective adoptive parent is 57
95	95	no longer valid as provided in s. 63.092(3) or the prospective 58
96	96	adoptive parent asks to be removed from the registry. 59
97	97	(b) The community-based care lead agency may not transfer 60
98	98	the cost of establishing and maintaining the registry created 61
99	99	pursuant to this subsection to a prospective adoptive parent 62
100	100	through either the cost of the home study or through the cost of 63
101	101	adoption of a newborn infant under this section. 64
102	102	(6)(5) Within 30 days after the entry of an order of the 65
103	103	court finding sanctionable co nduct on the part of an adoption 66
104	104	entity, the clerk of the court must forward to: 67
105	105	(b) The Department of Children and Families any order that 68
106	106	imposes sanctions under this section against a community-based 69
107	107	care lead licensed child-placing agency or a community-based 70
108	108	care lead child-placing agency licensed in another state that is 71
109	109	qualified by the department. 72
110	110	Section 3. Subsections (1) through (4) and subsection (10) 73
111	111	of section 63.0423, Florida Statutes, are amended to read: 74
112	112	63.0423 Procedures with resp ect to surrendered infants. — 75
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114	114	HB 327 2024
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	(1) Upon entry of final judgment terminating parental 76
126	126	rights, a community-based care lead licensed child-placing 77
127	127	agency that takes physical custody of an infant surrendered at a 78
128	128	hospital, emergency medical services station, o r fire station 79
129	129	pursuant to s. 383.50 assumes responsibility for the medical and 80
130	130	other costs associated with the emergency services and care of 81
131	131	the surrendered infant from the time the community-based care 82
132	132	lead licensed child-placing agency takes physical c ustody of the 83
133	133	surrendered infant. 84
134	134	(2) Upon taking physical custody of a newborn infant 85
135	135	surrendered pursuant to s. 383.50, the community-based care lead 86
136	136	licensed child-placing agency shall immediately seek an order 87
137	137	from the circuit court for emergency custody of the surrendered 88
138	138	infant. The emergency custody order remains shall remain in 89
139	139	effect until the court orders preliminary approval of placement 90
140	140	of the surrendered infant in a the prospective home, at which 91
141	141	time the prospective adoptive parent becomes the guardian of the 92
142	142	surrendered infant parents become guardians pending termination 93
143	143	of parental rights and finalization of adoption or until the 94
144	144	court orders otherwise. The guar dianship of the prospective 95
145	145	adoptive parent is parents shall remain subject to the right of 96
146	146	the community-based care lead licensed child-placing agency to 97
147	147	remove the surrendered infant from the placement during the 98
148	148	pendency of the proceedings if such remov al is deemed by the 99
149	149	community-based care lead licensed child-placing agency to be in 100
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151	151	HB 327 2024
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155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0327-00
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	the best interests of the child. The community-based care lead 101
163	163	licensed child-placing agency shall may immediately seek to 102
164	164	place the surrendered infant in a prospective ad optive home with 103
165	165	a prospective adoptive parent from the registry maintained by 104
166	166	the community-based care lead agency under s. 63.039. If the 105
167	167	registry does not contain the name of an appropriate prospective 106
168	168	adoptive parent, the community -based care lead agen cy must 107
169	169	contact another community -based care lead agency and attempt to 108
170	170	place the surrendered infant with a prospective adoptive parent 109
171	171	from that lead agency's registry . 110
172	172	(3) The community-based care lead licensed child-placing 111
173	173	agency that takes physical custody of the surrendered infant 112
174	174	shall, within 24 hours thereafter, request assistance from law 113
175	175	enforcement officials to investigate and determine, through the 114
176	176	Missing Children Information Clearinghouse, the National Center 115
177	177	for Missing and Exploited Children, and any other national and 116
178	178	state resources, whether the surrendered infant is a missing 117
179	179	child. 118
180	180	(4) The parent who surrenders the infant in accordance 119
181	181	with s. 383.50 is presumed to have consented to termination of 120
182	182	parental rights, and express consent is not required. Except 121
183	183	when there is actual or suspected child abuse or neglect, the 122
184	184	community-based care lead licensed child-placing agency may 123
185	185	shall not attempt to pursue, search for, or notify that parent 124
186	186	as provided in s. 63.088 and chapter 49. For purposes of s. 125
187	187
188	188	HB 327 2024
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192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0327-00
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	383.50 and this section, an infant who tests positive for 126
200	200	illegal drugs, narcotic prescription drugs, alcohol, or other 127
201	201	substances, but shows no other signs of child abuse or neglect, 128
202	202	must shall be placed in the custody of a community-based care 129
203	203	lead licensed child-placing agency. Such a placement does not 130
204	204	eliminate the reporting requirement under s. 383.50(7). When the 131
205	205	department is contacted regarding an infant properly surrendered 132
206	206	under this section and s. 383.50 , the department shall provide 133
207	207	instruction to contact a community-based care lead licensed 134
208	208	child-placing agency and may not take custody of the infant 135
209	209	unless reasonable efforts to contact a community-based care lead 136
210	210	licensed child-placing agency to accept the infant have not been 137
211	211	successful. 138
212	212	(10) Except to the extent expressly provided in this 139
213	213	section, proceedings initiated by a community-based care lead 140
214	214	licensed child-placing agency for the termination of parental 141
215	215	rights and subsequent adoption of a newb orn left at a hospital, 142
216	216	emergency medical services station, or fire station in 143
217	217	accordance with s. 383.50 must shall be conducted pursuant to 144
218	218	this chapter. 145
219	219	Section 4. Subsections (1) and (7) of section 383.50, 146
220	220	Florida Statutes, are amended to read: 147
221	221	383.50 Treatment of surrendered newborn infant. — 148
222	222	(1) As used in this section, the term : 149
223	223	(a) "Community-based care lead agency" has the same 150
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225	225	HB 327 2024
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229	229	CODING: Words stricken are deletions; words underlined are additions.
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	meaning as in s. 409.986(3). 151
237	237	(b) "Newborn infant" means a child who a licensed 152
238	238	physician reasonably believes is approximately 7 days old or 153
239	239	younger at the time the child is left at a hospital, emergency 154
240	240	medical services station, or fire station. 155
241	241	(7) Upon admitting a newborn infant under this section, 156
242	242	the hospital shall immediately contact the a local community-157
243	243	based care lead licensed child-placing agency or alternatively 158
244	244	contact the statewide central abuse hotline for the name of a 159
245	245	licensed child-placing agency for purposes of transferring 160
246	246	physical custody of the newborn infant. The hospital shall 161
247	247	notify the community-based care lead licensed child-placing 162
248	248	agency that a newborn infant has been left with the hospital and 163
249	249	approximately when the community-based care lead licensed child-164
250	250	placing agency can take physical custody of the child. In cases 165
251	251	where there is actual or suspected child abuse or neglect, the 166
252	252	hospital or any of its licensed health care professionals shall 167
253	253	report the actual or suspected child abuse or neglect in 168
254	254	accordance with ss. 39.201 and 395.1023 in lieu of contacting 169
255	255	the local community-based care lead a licensed child-placing 170
256	256	agency. 171
257	257	Section 5. Paragraph (e) of subsection (3) of section 172
258	258	39.201, Florida Statutes, is amended to read: 173
259	259	39.201 Required reports of child abuse, abandonment, or 174
260	260	neglect, sexual abuse of a child, and juvenile sexual abuse; 175
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262	262	HB 327 2024
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266	266	CODING: Words stricken are deletions; words underlined are additions.
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	required reports of death; reports involving a child who has 176
274	274	exhibited inappropriate sexual behavior. — 177
275	275	(3) ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS. — 178
276	276	(e) Surrendered newborn infants. — 179
277	277	1. The central abuse hotline must receive reports 180
278	278	involving surrendered newborn infants as described in s. 383.50. 181
279	279	2.a. A report may not be considered a report of child 182
280	280	abuse, abandonment, or neglect solely because the infant has 183
281	281	been left at a hospital, emergency medical services station, or 184
282	282	fire station under s. 383.50. 185
283	283	b. If the report involving a surrendered newborn infant 186
284	284	does not include indications of child abuse, abandonment, or 187
285	285	neglect other than that necessarily entailed in the infant 188
286	286	having been left at a hospital, emergency medical services 189
287	287	station, or fire station, the central abuse hotline must provide 190
288	288	to the person making the report the name of a local community-191
289	289	based care lead an eligible licensed child -placing agency that 192
290	290	is required to accept physical custody of and to place 193
291	291	surrendered newborn infants. The department shall provide names 194
292	292	of eligible community-based care lead licensed child-placing 195
293	293	agencies on a rotating basis. 196
294	294	3. If the report includes indications of child abuse, 197
295	295	abandonment, or neglect beyond that necessarily entailed in t he 198
296	296	infant having been left at a hospital, emergency medical 199
297	297	services station, or fire station, the report must be considered 200
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299	299	HB 327 2024
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310	310	as a report of child abuse, abandonment, or neglect and, 201
311	311	notwithstanding chapter 383, is subject to s. 39.395 and all 202
312	312	other relevant provisions of this chapter. 203
313	313	Section 6. This act shall take effect July 1, 2024. 204