Florida Senate - 2024 SB 306 By Senator Harrell 31-00293-24 2024306__ 1 A bill to be entitled 2 An act relating to placement of surrendered newborn 3 infants; amending s. 63.032, F.S.; defining the term 4 community-based care lead agency; amending s. 5 63.039, F.S.; requiring community-based care lead 6 agencies to establish and maintain a specified 7 registry; requiring that certain information be 8 removed from the registry under certain circumstances; 9 prohibiting the community-based care lead agency from 10 transferring certain costs to prospective adoptive 11 parents; conforming provisions to changes made by the 12 act; amending s. 63.0423, F.S.; revising the entity 13 responsible for surrendered infants from licensed 14 child-placing agencies to community-based care lead 15 agencies; requiring community-based care lead agencies 16 to seek an order for emergency custody of a 17 surrendered infant; requiring community-based care 18 lead agencies to place a surrendered infant with 19 certain prospective adoptive parents; providing 20 requirements that apply if an appropriate prospective 21 adoptive parent is not found in the registry; 22 conforming provisions to changes made by the act; 23 amending s. 383.50, F.S.; defining the term 24 community-based care lead agency; providing 25 requirements for the hospital once they take physical 26 custody of a surrendered newborn infant; conforming 27 provisions to changes made by the act; amending s. 28 39.201, F.S.; conforming provisions to changes made by 29 the act; providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1.Present subsections (8) through (19) of section 34 63.032, Florida Statutes, are redesignated as subsections (9) 35 through (20), respectively, and a new subsection (8) is added to 36 that section, to read: 37 63.032Definitions.As used in this chapter, the term: 38 (8)Community-based care lead agency or lead agency has 39 the same meaning as in s. 409.986(3). 40 Section 2.Present subsections (3), (4), and (5) of section 41 63.039, Florida Statutes, are redesignated as subsections (4), 42 (5), and (6), respectively, a new subsection (3) is added to 43 that section, and paragraph (b) of present subsection (5) of 44 that section is amended, to read: 45 63.039Duties 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 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 prospective adoptive parent of 53 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 the cost of the home study or the cost of adoption of a 63 newborn infant under this section. 64 (6)(5)Within 30 days after the entry of an order of the 65 court finding sanctionable conduct 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 which 71 that is qualified by the department. 72 Section 3.Subsections (1) through (4) and (10) of section 73 63.0423, Florida Statutes, are amended to read: 74 63.0423Procedures with respect to surrendered infants. 75 (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, or 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 custody 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 guardianship 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 removal is deemed by the 99 community-based care lead licensed child-placing agency to be in 100 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 adoptive 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 agency 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 agencys 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 with 119 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. 125 383.50 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 newborn 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: 147 383.50Treatment of surrendered newborn infant. 148 (1)As used in this section, the term: 149 (a)Community-based care lead agency has the same meaning 150 as in s. 409.986(3). 151 (b)Newborn infant means a child who a licensed physician 152 reasonably believes is approximately 7 days old or younger at 153 the time the child is left at a hospital, emergency medical 154 services station, or fire station. 155 (7)Upon admitting a newborn infant under this section, the 156 hospital shall immediately contact the a local community-based 157 care lead licensed child-placing agency or alternatively contact 158 the statewide central abuse hotline for the name of a licensed 159 child-placing agency for purposes of transferring physical 160 custody of the newborn infant. The hospital shall notify the 161 community-based care lead licensed child-placing agency that a 162 newborn infant has been left with the hospital and approximately 163 when the community-based care lead licensed child-placing agency 164 can take physical custody of the child. In cases where there is 165 actual or suspected child abuse or neglect, the hospital or any 166 of its licensed health care professionals shall report the 167 actual or suspected child abuse or neglect in accordance with 168 ss. 39.201 and 395.1023 in lieu of contacting the local 169 community-based care lead a licensed child-placing agency. 170 Section 5.Paragraph (e) of subsection (3) of section 171 39.201, Florida Statutes, is amended to read: 172 39.201Required reports of child abuse, abandonment, or 173 neglect, sexual abuse of a child, and juvenile sexual abuse; 174 required reports of death; reports involving a child who has 175 exhibited inappropriate sexual behavior. 176 (3)ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS. 177 (e)Surrendered newborn infants. 178 1.The central abuse hotline must receive reports involving 179 surrendered newborn infants as described in s. 383.50. 180 2.a.A report may not be considered a report of child 181 abuse, abandonment, or neglect solely because the infant has 182 been left at a hospital, emergency medical services station, or 183 fire station under s. 383.50. 184 b.If the report involving a surrendered newborn infant 185 does not include indications of child abuse, abandonment, or 186 neglect other than that necessarily entailed in the infant 187 having been left at a hospital, emergency medical services 188 station, or fire station, the central abuse hotline must provide 189 to the person making the report the name of a local community 190 based care lead an eligible licensed child-placing agency that 191 is required to accept physical custody of and to place 192 surrendered newborn infants. The department shall provide names 193 of eligible community-based care lead licensed child-placing 194 agencies on a rotating basis. 195 3.If the report includes indications of child abuse, 196 abandonment, or neglect beyond that necessarily entailed in the 197 infant having been left at a hospital, emergency medical 198 services station, or fire station, the report must be considered 199 as a report of child abuse, abandonment, or neglect and, 200 notwithstanding chapter 383, is subject to s. 39.395 and all 201 other relevant provisions of this chapter. 202 Section 6.This act shall take effect July 1, 2024.