Bill Text: FL H0025 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Temporary and Concurrent Custody of a Child [SPSC]

Spectrum: Bipartisan Bill

Status: (Passed) 2010-05-07 - Approved by Governor; Chapter No. 2010-30 [H0025 Detail]

Download: Florida-2010-H0025-Introduced.html

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HB 25

1	A bill to be entitled
2	An act relating to temporary and concurrent custody of a
3	child; revising ch. 751, F.S., relating to petitions and
4	court orders awarding the temporary custody of a child to
5	an extended family member, to also provide for concurrent
6	custody with the parents of the child; amending s. 751.01,
7	F.S.; conforming provisions to changes made by the act;
8	amending s. 751.011, F.S.; revising definitions; defining
9	the term "concurrent custody"; amending s. 751.02, F.S.;
10	providing requirements for concurrent custody; amending s.
11	751.03, F.S.; revising the petition for concurrent custody
12	to require additional information; amending s. 751.04,
13	F.S.; conforming provisions to changes made by the act;
14	amending s. 751.05, F.S.; providing that if a parent
15	objects to a petition for concurrent custody, the court
16	may not grant the petition and must give the petitioner
17	the option of converting the petition to one for temporary
18	custody; providing for dismissal of the petition;
19	providing that an order granting concurrent custody does
20	not affect the ability of the parents to obtain the
21	physical custody of the child at any time; providing for
22	the court to terminate an order for concurrent custody if
23	a parent withdraws his or her consent to the order;
24	amending s. 49.011, F.S.; conforming provisions to changes
25	made by the act; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1. Section 751.01, Florida Statutes, is amended to
30	read:
31	751.01 Purpose of act.--The purposes of this chapter ss.
32	751.01-751.05 are to:
33	(1) Recognize that many minor children in this state live
34	with and are well cared for by members of their extended
35	families. The parents of these children have often provided for
36	their care by placing them temporarily with another family
37	member who is better able to care for them. Because of the care
38	being provided the children by their extended families, they are
39	not dependent children.
40	(2) Provide for the welfare of a minor child who is living
41	with extended family members. At present, such family members
42	are unable to give complete care to the child in their custody
43	because they lack a legal document that explains and defines
44	their relationship to the child, and they are unable effectively
45	to consent to the care of the child by third parties.
46	(3) Provide temporary or concurrent custody of a minor
47	child to a family member having physical custody of the minor
48	child to enable the custodian to:
49	(a) Consent to all necessary and reasonable medical and
50	dental care for the child, including nonemergency surgery and
51	psychiatric care.;
52	(b) Secure copies of the child's records, held by third
53	parties, that are necessary for to the care of the child,
54	including, but not limited to:
55	1. Medical, dental, and psychiatric records.;
56	2. Birth certificates and other records.; and
57	3. Educational records.;
58	(c) Enroll the child in school and grant or withhold
59	consent for a child to be tested or placed in special school
60	programs, including exceptional education.; and
61	(d) Do all other things necessary for the care of the
62	child.
63	Section 2. Section 751.011, Florida Statutes, is amended
64	to read:
65	751.011 Definitions.--As used in this chapter ss. 751.01-
66	751.05, the term:
67	(1) "Concurrent custody" means that an eligible individual
68	is awarded custodial rights to care for a child concurrently
69	with the child's parent or parents.
70	(2) "Extended family member" means a is any person who is:
71	(a)(1) A relative of a minor child within the third degree
72	by blood or marriage to the parent; or
73	(b)(2) The stepparent of a minor child if the stepparent
74	is currently married to the parent of the child and is not a
75	party in a pending dissolution, separate maintenance, domestic
76	violence, or other civil or criminal proceeding in any court of
77	competent jurisdiction involving one or both of the child's
78	parents as an adverse party.
79	Section 3. Section 751.02, Florida Statutes, is amended to
80	read:
81	751.02 Determination of Temporary or concurrent custody
82	proceedings; jurisdiction.--
83	(1) The following individuals may bring proceedings in the
84	circuit court to determine the temporary or concurrent custody
85	of a minor child:
86	(a)(1) Any extended family member who has the signed,
87	notarized consent of the child's legal parents; or
88	(b)(2) Any extended family member who is caring full time
89	for the child in the role of a substitute parent and with whom
90	the child is presently living.
91	(2) In addition to the requirements of subsection (1), an
92	individual seeking concurrent custody must:
93	(a) Currently have physical custody of the child and have
94	had physical custody of the child for at least 10 days in any
95	30-day period within the last 12 months; and
96	(b) Not have signed, written documentation from a parent
97	which is sufficient to enable the custodian to do all of the
98	things necessary to care for the child which are available to
99	custodians who have an order issued under s. 751.05.
100	Section 4. Section 751.03, Florida Statutes, is amended to
101	read:
102	751.03 Petition for temporary or concurrent custody;
103	contents.--Each petition for temporary or concurrent custody of
104	a minor child must be verified by the petitioner, who must be an
105	extended family member, and must contain statements, to the best
106	of the petitioner's knowledge and belief, providing showing:
107	(1) The name, date of birth, and current address of the
108	child.;
109	(2) The names and current addresses of the child's
110	parents.;
111	(3) The names and current addresses of the persons with
112	whom the child has lived during the past 5 years.;
113	(4) The places where the child has lived during the past 5
114	years.;
115	(5) Information concerning any custody proceeding in this
116	or any other state with respect to the child.;
117	(6) The residence and post office address of the
118	petitioner.;
119	(7) The petitioner's relationship to the child.;
120	(8) If concurrent custody is being requested:
121	(a) The time periods during the last 12 months that the
122	child resided with the petitioner;
123	(b) The type of document, if any, provided by the parent
124	or parents to enable the petitioner to act on behalf of the
125	child;
126	(c) The services or actions that the petitioner is unable
127	to obtain or undertake without an order of custody; and
128	(d) Whether each parent has consented in writing to the
129	entry of an order of concurrent custody.
130
131	A copy of the written consent and any documents provided by the
132	parent to assist the petitioner in obtaining services must be
133	attached to the petition.
134	(9)(8) If temporary custody is being requested, the
135	consent of the child's parents, or the specific acts or
136	omissions of the parents which demonstrate that the parents have
137	abused, abandoned, or neglected the child as defined in chapter
138	39.;
139	(10)(9) Any temporary or permanent orders for child
140	support, the court entering the order, and the case number.;
141	(11)(10) Any temporary or permanent order for protection
142	entered on behalf of or against either parent, the petitioner,
143	or the child; the court entering the order; and the case
144	number.;
145	(12)(11) That it is in the best interest of the child for
146	the petitioner to have custody of the child.; and
147	(13)(12) A statement of the period of time the petitioner
148	is requesting temporary custody, including a statement of the
149	reasons supporting that request.
150
151	Only an extended family member may file a petition under this
152	chapter.
153	Section 5. Section 751.04, Florida Statutes, is amended to
154	read:
155	751.04 Notice and opportunity to be heard.--Before a
156	decree is made under this chapter ss. 751.01-751.05, reasonable
157	notice and opportunity to be heard must be given to the parents
158	of the minor child by service of process, either personal or
159	constructive.
160	Section 6. Section 751.05, Florida Statutes, is amended to
161	read:
162	751.05 Order granting temporary or concurrent custody.--
163	(1) At the hearing on the petition for temporary or
164	concurrent custody, the court must hear the evidence concerning
165	a minor child's need for care by the petitioner, all other
166	matters required to be set forth in the petition, and the
167	objections or other testimony of the child's parents, if
168	present.
169	(2) Unless the minor child's parents object, the court
170	shall award the temporary or concurrent custody of the child to
171	the petitioner if when it is in the best interest of the child
172	to do so.
173	(3) If one of the minor child's parents objects to:
174	(a) The petition for concurrent custody, in writing, the
175	court may not grant the petition even if the other parent
176	consents, in writing, to the entry of the order. The court shall
177	give the petitioner the option of converting the petition to a
178	petition for temporary custody. If the petitioner so elects, the
179	court shall set the matter for further hearing, provide notice
180	to the parent or parents, and proceed pursuant to paragraph (b).
181	If the petition is not converted into a petition for temporary
182	custody, it shall be dismissed without prejudice.
183	(b) The petition for temporary custody granting of
184	temporary custody to the petitioner, the court shall grant the
185	petition only upon a finding, by clear and convincing evidence,
186	that the child's parent or parents are unfit to provide for the
187	care and control of the child. In determining that a parent is
188	unfit, the court must find that the parent has abused,
189	abandoned, or neglected the child, as defined in chapter 39.
190	(4) The order granting:
191	(a) Concurrent custody of the minor child may not
192	eliminate or diminish the custodial rights of the child's parent
193	or parents. The order must expressly state that the grant of
194	custody does not affect the ability of the child's parent or
195	parents to obtain physical custody of the child at any time.
196	(b) Temporary custody of the minor child to the petitioner
197	may also grant visitation rights to the child's parent or
198	parents, if it is in the best interest of the child to do so.
199	(5)(a) The order granting temporary or concurrent custody
200	of the minor child to the petitioner:
201	(a) May not include an order for the support of the child
202	unless the parent has received personal or substituted service
203	of process, the petition requests an order for the support of
204	the child, and there is evidence of the parent's ability to pay
205	the support ordered.
206	(b) The order granting temporary custody May redirect all
207	or part of an existing child support obligation to be paid to
208	the extended family member who is granted temporary or
209	concurrent custody of the child. If the court redirects an
210	existing child support obligation, the order granting temporary
211	or concurrent custody must include, if possible, the
212	determination of arrearages owed to the obligee and the person
213	awarded temporary or concurrent custody and must order payment
214	of the arrearages. The clerk of the circuit court in which the
215	temporary custody order is entered shall transmit a certified
216	copy thereof to the court originally entering the child support
217	order. The temporary or concurrent custody order shall be
218	recorded and filed in the original action in which child support
219	was determined and become a part thereof. A copy of the
220	temporary or concurrent custody order shall also be filed with
221	the depository that serves as the official recordkeeper for
222	support payments due under the support order. The depository
223	must shall maintain separate accounts and separate account
224	numbers for individual obligees.
225	(6) At any time, either or both of the child's parents may
226	petition the court to modify or terminate the order granting
227	temporary custody. The court shall terminate the order upon a
228	finding that the parent is a fit parent, or by consent of the
229	parties. The court may modify an order granting temporary
230	custody if the parties consent or if modification is in the best
231	interest of the child.
232	(7) At any time, the petitioner or either or both of the
233	child's parents may move the court to modify the child support
234	provision or terminate the order granting concurrent custody.
235	The court shall terminate the order upon a finding that either
236	or both of the child's parents object to the order. The fact
237	that an order for concurrent custody has been terminated does
238	not preclude any person who is otherwise eligible to petition
239	for temporary custody from filing such petition. The court may
240	modify an order granting child support if the parties consent
241	and if modification is in the best interest of the child.
242	Section 7. Subsection (14) of section 49.011, Florida
243	Statutes, is amended to read:
244	49.011 Service of process by publication; cases in which
245	allowed.--Service of process by publication may be made in any
246	court on any party identified in s. 49.021 in any action or
247	proceeding:
248	(14) For temporary custody of a minor child, under chapter
249	751 ss. 751.01-751.05.
250	Section 8. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.