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