Bill Text: FL S0774 | 2018 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Dependency Proceedings
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2018-03-10 - Died in Messages [S0774 Detail]
Download: Florida-2018-S0774-Comm_Sub.html
Bill Title: Dependency Proceedings
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2018-03-10 - Died in Messages [S0774 Detail]
Download: Florida-2018-S0774-Comm_Sub.html
Florida Senate - 2018 CS for SB 774 By the Committee on Children, Families, and Elder Affairs; and Senator Bean 586-02340A-18 2018774c1 1 A bill to be entitled 2 An act relating to dependency proceedings; amending s. 3 39.001, F.S.; providing an additional purpose of ch. 4 39, F.S.; amending s. 39.01, F.S.; revising the 5 definition of the term “parent” and defining the term 6 “unmarried biological father”; amending ss. 39.402 and 7 39.803, F.S.; revising the types of information 8 relating to the identity and location of a child’s 9 legal father that fall within the scope of a court 10 inquiry at a shelter hearing or a hearing regarding a 11 petition for termination of parental rights; amending 12 s. 39.502, F.S.; providing for certain unmarried 13 biological fathers to receive notice of dependency 14 hearings under certain circumstances; amending s. 15 39.503, F.S.; revising the types of information 16 relating to the identity and location of a child’s 17 legal father that fall within the scope of a court 18 inquiry at a dependency or shelter hearing; requiring 19 a court to take certain actions if a person fails to 20 assert parental rights; providing conditions for 21 establishing paternity in a dependency proceeding; 22 authorizing the court to order certain scientific 23 testing to determine maternity or paternity of a 24 child; providing for assessment of costs of 25 litigation; amending s. 39.801, F.S.; requiring notice 26 of a petition for termination of parental rights to be 27 served on an unmarried biological father identified 28 under oath or by a diligent search of the Florida 29 Putative Father Registry under certain circumstances; 30 providing conditions for contesting the petition; 31 conforming cross-references; amending s. 63.092, F.S.; 32 requiring the Department of Children and Families to 33 release specified records to entities conducting 34 preliminary home studies; providing the Department of 35 Children and Families shall not require specified 36 training for certain home studies; providing an 37 effective date. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41 Section 1. Paragraphs (n), (o), and (p) of subsection (1) 42 of section 39.001, Florida Statutes, are redesignated as 43 paragraphs (o), (p), and (q), respectively, and a new paragraph 44 (n) is added to that subsection to read: 45 39.001 Purposes and intent; personnel standards and 46 screening.— 47 (1) PURPOSES OF CHAPTER.—The purposes of this chapter are: 48 (n) Whenever possible, to ensure that children have the 49 benefit of loving and caring relationships with both of their 50 parents. To that end, parents should be engaged to the fullest 51 extent possible in the lives of their children and prospective 52 parents should be afforded a prompt, full, and fair opportunity 53 to establish a parental relationship with their children and 54 assume all parental duties. A prospective parent who is an 55 unmarried biological father has the same rights under this 56 chapter as under chapter 63. Accordingly, his interest is 57 inchoate until he demonstrates a timely and full commitment to 58 the responsibilities of parenthood. Because time is of the 59 essence under this chapter, and the time limitations belong to 60 the child and not to the parent or to any prospective parent, 61 prospective parents, including unmarried biological parents, 62 must be aware that failure to comply with the specific 63 requirements of this chapter may result in permanent elimination 64 or termination of their rights or interests as actual or 65 inchoate parents or prospective parents. 66 Section 2. Subsection (50) of section 39.01, Florida 67 Statutes, is amended, subsection (81) is renumbered as 68 subsection (82), and a new subsection (81) is added to that 69 section, to read: 70 39.01 Definitions.—When used in this chapter, unless the 71 context otherwise requires: 72 (50) “Parent” means a woman who gives birth to a child and 73 a man whose consent to the adoption of the child would be 74 required under s. 63.062(1). The term “parent” also means legal 75 father as defined in this section. If a child has been legally 76 adopted, the term “parent” means the adoptive mother or father 77 of the child. For purposes of this chapter only, when the phrase 78 “parent or legal custodian” is used, it refers to rights or 79 responsibilities of the parent and, only if there is no living 80 parent with intact parental rights, to the rights or 81 responsibilities of the legal custodian who has assumed the role 82 of the parent. The term does not include an individual whose 83 parental relationship to the child has been legally terminated, 84 or an alleged or prospective parent, unless:85(a)The parental status falls within the terms of s.8639.503(1) or s. 63.062(1); or87(b)parental status is applied for the purpose of 88 determining whether the child has been abandoned. 89 (81) “Unmarried biological father” means the child’s 90 biological father who is not married to the child’s mother at 91 the time of conception or on the date of the birth of the child 92 and who, before the advisory hearing is held on a petition to 93 terminate parental rights, has not been adjudicated or declared 94 by a court of competent jurisdiction to be the legal father of 95 the child or has not executed an affidavit pursuant to s. 96 382.013(2)(c). 97 Section 3. Paragraph (c) of subsection (8) of section 98 39.402, Florida Statutes, is amended to read: 99 39.402 Placement in a shelter.— 100 (8) 101 (c) At the shelter hearing, the court shall: 102 1. Appoint a guardian ad litem to represent the best 103 interest of the child, unless the court finds that such 104 representation is unnecessary; 105 2. Inform the parents or legal custodians of their right to 106 counsel to represent them at the shelter hearing and at each 107 subsequent hearing or proceeding, and the right of the parents 108 to appointed counsel, pursuant to the procedures set forth in s. 109 39.013; 110 3. Give the parents or legal custodians an opportunity to 111 be heard and to present evidence; and 112 4. Inquire of those present at the shelter hearing as to 113 the identity and location of the legal father. In determining 114 who the legal father of the child may be, the court shall 115 inquire under oath of those present at the shelter hearing 116 whether they have any of the following information regarding the 117 identity of any man: 118 a. To whom the mother of the child was married at any time 119 when conception of the child may have occurred or at the time of 120 the birth of the child. 121 b. Who has filed an affidavit of paternity pursuant to s. 122 382.013(2)(c) before an advisory hearing is held on a petition 123 for termination of parental rights. 124 c. Who has adopted the child. 125 d. Who has been adjudicated by a court of competent 126 jurisdiction as the father of the child before an advisory 127 hearing is held on a petition for termination of parental 128 rights. 129 e. Whom the mother identified as the father under oath to a 130 representative of the department. 131a.Whether the mother of the child was married at the132probable time of conception of the child or at the time of birth133of the child.134 f.b.With whomWhetherthe mother was cohabitingwith a135maleat the probable time of conception of the child. 136 g.c.Who claims to be the father and from whomWhetherthe 137 mother has received payments or promises of support with respect 138 to the child or because of her pregnancyfrom a man who claims139to be the father. 140 h.d.WhomWhetherthe mother has namedany manas the 141 father on the birth certificate of the child or in connection 142 with applying for or receiving public assistance. 143 i.e.WhoWhether any manhas acknowledged or claimed 144 paternity of the child in a jurisdiction in which the mother 145 resided at the time of or since conception of the child or in 146 which the child has resided or resides. 147 j.f.WhoWhether a manis named on the birth certificate of 148 the child pursuant to s. 382.013(2). 149 k.g.WhoWhether a manhas been determined by a court order 150 to be the father of the child. 151 l.h.WhoWhether a manhas been determined to be the father 152 of the child by the Department of Revenue as provided in s. 153 409.256. 154 Section 4. Subsections (7) through (19) of section 39.502, 155 Florida Statutes, are renumbered as subsections (8) through 156 (20), respectively, subsection (1) and present subsection (9) of 157 that section are amended, and a new subsection (7) is added to 158 that section, to read: 159 39.502 Notice, process, and service.— 160 (1) Unless parental rights have been terminated, all 161 parents must be notified of all proceedings or hearings 162 involving the child. Notice in cases involving shelter hearings 163 and hearings resulting from medical emergencies must be that 164 most likely to result in actual notice to the parents. In all 165 other dependency proceedings, notice must be provided in 166 accordance with subsections (4)-(10)(4)-(9), except when a 167 relative requests notification pursuant to s. 39.301(14)(b), in 168 which case notice shall be provided pursuant to subsection (20) 169(19). 170 (7)(a) If a child does not have a legal father, notice of 171 the petition for dependency shall be personally served upon any 172 known and locatable unmarried biological father who is 173 identified under oath before the court or who is identified by a 174 diligent search of the Florida Putative Father Registry. Service 175 of the notice of the petition for dependency is not required if 176 the unmarried biological father signs an affidavit of 177 nonpaternity or a consent to termination of his parental rights 178 and such affidavit or consent is accepted by the department. The 179 recipient of the notice may waive service of process by 180 executing a waiver and acknowledging receipt of the notice. 181 (b) The notice of petition for dependency must specifically 182 state that if the unmarried biological father desires to assert 183 his parental rights to acquire standing to contest the 184 dependency petition he must, within 30 days after service: 185 1. File a claim of paternity with the Florida Putative 186 Father Registry pursuant to instructions provided for submitting 187 a claim of paternity form to the Office of Vital Statistics, 188 including the address to which the claim must be sent. 189 2. Legally establish his parental rights to the child 190 pursuant to the laws of the state. 191 3. File a verified response with the court which contains a 192 pledge of commitment to the child, a request for the court to 193 calculate and order child support, and an agreement to submit to 194 the court’s jurisdiction. 195 4. Provide support for the child as calculated by the court 196 under s. 61.30. 197 5. Seek to establish a substantial relationship with the 198 child within the parameters established by court order. An 199 unmarried biological father must develop a substantial 200 relationship with the child by taking parental responsibility 201 for the child and the child’s future; providing financial 202 support to the child in accordance with his ability, if not 203 prevented from doing so by the person or authorized agency 204 having lawful custody of the child; and establishing or 205 maintaining regular contact with the child in accordance with a 206 written court order. An order for visitation or other contact 207 may be entered by the court if the court determines that such 208 contact will not endanger the safety, well-being, or physical, 209 mental, or emotional health of the child. The court may consider 210 the results of any home study in making such determination. 211 (c) The court shall determine whether the unmarried 212 biological father took the steps necessary to assert his 213 parental rights to acquire standing to contest the dependency 214 petition pursuant to paragraph (b) and, if not, the court shall 215 enter a finding that the unmarried biological father is no 216 longer a prospective parent or participant, may not contest the 217 petition for dependency or any subsequent petition for 218 termination of parental rights, and is no longer entitled to any 219 further notice of proceedings regarding the child unless 220 otherwise ordered by the court. 221 (d) If an unmarried biological father is not identified 222 pursuant to the inquiry under section 39.503, the unmarried 223 biological father’s claim that he did not receive actual notice 224 of the dependency proceeding is not a defense to a finding that 225 the child is dependent. 226 (10)(9)When an affidavit of diligent search has been filed 227 under subsection (9)(8), the petitioner shall continue to 228 search for and attempt to serve the person sought until excused 229 from further search by the court. The petitioner shall report on 230 the results of the search at each court hearing until the person 231 is identified or located or further search is excused by the 232 court. 233 Section 5. Section 39.503, Florida Statutes, is amended to 234 read: 235 39.503 Identity or location of parent unknown; special 236 procedures.— 237 (1) If the identity or location of a parent is unknown and 238 a petition for dependency or shelter is filed, the court shall 239 conduct under oath the following inquiry of the parent or legal 240 custodian who is available, or, if no parent or legal custodian 241 is available, of any relative or custodian of the child who is 242 present at the hearing and likely to have any of the following 243 information regarding the identity of any man: 244 (a) To whom the mother of the minor was married at any time 245 when conception of the child may have occurred or at the time of 246 the birth of the child. 247 (b) Who has filed an affidavit of paternity pursuant to s. 248 382.013(2)(c) before an advisory hearing is held on a petition 249 for termination of parental rights. 250 (c) Who has adopted the child. 251 (d) Who has been adjudicated by a court of competent 252 jurisdiction as the father of the child before an advisory 253 hearing is held on a petition for termination of parental 254 rights. 255 (e) Whom the mother identified as the father under oath to 256 a representative of the department. 257(a)Whether the mother of the child was married at the258probable time of conception of the child or at the time of birth259of the child.260 (f)(b)With whomWhetherthe mother was cohabitingwith a261maleat the probable time of conception of the child. 262 (g)(c)Who claims to be the father and from whomWhether263 the mother has received payments or promises of support with 264 respect to the child or because of her pregnancyfrom a man who265claims to be the father. 266 (h)(d)WhoWhetherthe mother has namedany manas the 267 father on the birth certificate of the child or in connection 268 with applying for or receiving public assistance. 269 (i)(e)WhoWhether any manhas acknowledged or claimed 270 paternity of the child in a jurisdiction in which the mother 271 resided at the time of or since conception of the child, or in 272 which the child has resided or resides. 273 (j)(f)WhoWhether a manis named on the birth certificate 274 of the child pursuant to s. 382.013(2). 275 (k)(g)WhoWhether a manhas been determined by a court 276 order to be the father of the child. 277 (l)(h)WhoWhether a manhas been determined to be the 278 father of the child by the Department of Revenue as provided in 279 s. 409.256. 280 (2) The information required underinsubsection (1) may be 281 supplied to the court or the department in the form of a sworn 282 affidavit by a person having personal knowledge of the facts. 283 (3) If the inquiry under subsection (1) identifies any 284 person as a parent or prospective parent, the court shall 285 require notice of the hearing to be provided to that person. 286 (4) If the inquiry under subsection (1) fails to identify 287 any person as a parent or prospective parent, the court shall so 288 find and may proceed without further notice. 289 (5) If the inquiry under subsection (1) identifies a parent 290 or prospective parent, and that person’s location is unknown, 291 the court shall direct the petitioner to conduct a diligent 292 search for that person before scheduling a disposition hearing 293 regarding the dependency of the child unless the court finds 294 that the best interest of the child requires proceeding without 295 notice to the person whose location is unknown. 296 (6) If the inquiry under subsection (1) identifies an 297 unmarried biological father or an unmarried biological father is 298 identified by another means and is personally served with a 299 petition for dependency but fails to assert his parental rights 300 as specified in s. 39.502(7), the court shall so find and may 301 proceed without further notice. 302 (7)(6)The diligent search required by subsection (5) must 303 include, at a minimum, inquiries of all relatives of the parent 304 or prospective parent made known to the petitioner, inquiries of 305 all offices of program areas of the department likely to have 306 information about the parent or prospective parent, inquiries of 307 other state and federal agencies likely to have information 308 about the parent or prospective parent, inquiries of appropriate 309 utility and postal providers, a thorough search of at least one 310 electronic database specifically designed for locating persons, 311 a search of the Florida Putative Father Registry, and inquiries 312 of appropriate law enforcement agencies. Pursuant to s. 453 of 313 the Social Security Act, 42 U.S.C. s. 653(c)(4), the department, 314 as the state agency administering Titles IV-B and IV-E of the 315 act, shall be provided access to the federal and state parent 316 locator service for diligent search activities. 317 (8)(7)Any agency contacted by a petitioner with a request 318 for information pursuant to subsection (7)(6)shall release the 319 requested information to the petitioner without the necessity of 320 a subpoena or court order. 321 (9)(a)(8)If the inquiry and diligent search identifies a 322 prospective parent, that person must be given the opportunity to 323 become a party to the proceedings by completing a sworn 324 affidavit of parenthood and filing it with the court or the 325 department. A prospective parent who files a sworn affidavit of 326 parenthood while the child is a dependent child but no later 327 than at the time of or before the adjudicatory hearing in any 328 termination of parental rights proceeding for the child shall be 329 considered a parent for all purposes under this section unless 330 the other parent contests the determination of parenthood. If 331 neither the known parent nor the prospective parent objects to a 332 request to establish parentage under the laws of the state, the 333 court may enter an agreed order, order the Office of Vital 334 Statistics to amend the child’s birth certificate, and order the 335 petitioning parent to pay support for the child. 336 (b) If the known parent contests the recognition of the 337 prospective parent as a parent, the prospective parent may not 338 be recognized as a parent until proceedings to determine 339 maternity or paternity under chapter 742 have been concluded. 340 However, the prospective parent shall continue to receive notice 341 of hearings as a participant pending results of the chapter 742 342 proceedings to determine maternity or paternity. The dependency 343 court may hear the chapter 742 proceeding and establish 344 parentage in accordance with the procedures in that chapter, 345 including entry of an order or judgment establishing parentage. 346 (c) A prospective parent may only file a sworn affidavit of 347 parenthood when the child does not have two legally recognized 348 parents. If a child has two legally recognized parents, the 349 prospective parent must seek to establish parentage pursuant to 350 chapter 742. 351 (d) Nothing in this subsection prevents the known parent 352 and the prospective parent from agreeing to voluntarily submit 353 to scientific testing to determine the maternity or paternity of 354 the child if the child does not already have two legally 355 recognized parents and the court determines it is in the child’s 356 best interest. 357 (e) Test results are admissible in evidence and shall be 358 weighed along with other evidence of parentage unless the 359 statistical probability of parentage equals or exceeds 95 360 percent. A statistical probability of parentage that equals or 361 exceeds 95 percent creates a rebuttable presumption, as 362 described in s. 90.304, that the prospective parent is the 363 biological parent of the child. If a party fails to rebut the 364 presumption of parentage which arose from the statistical 365 probability of parentage that equals or exceeds 95 percent, the 366 court may enter a summary judgment of parentage. If the test 367 results show the prospective parent is not the biological 368 parent, the prospective parent is no longer considered a 369 participant or entitled to notice of the proceedings. 370 (f) The court shall assess the cost of the paternity 371 determination as a cost of litigation. 372 (10)(9)If the diligent search under subsection (5) fails 373 to identify and locate a parent or prospective parent, the court 374 shall so find and may proceed without further notice. 375 Section 6. Subsection (3) of section 39.801, Florida 376 Statutes, is amended to read: 377 39.801 Procedures and jurisdiction; notice; service of 378 process.— 379 (3) Before the court may terminate parental rights, in 380 addition to the other requirements set forth in this part, the 381 following requirements must be met: 382 (a) Notice of the date, time, and place of the advisory 383 hearing for the petition to terminate parental rights and a copy 384 of the petition must be personally served upon the following 385 persons, specifically notifying them that a petition has been 386 filed: 387 1. The parents of the child. 388 2. The legal custodians of the child. 389 3. If the parents who would be entitled to notice are dead 390 or unknown, a living relative of the child, unless upon diligent 391 search and inquiry no such relative can be found. 392 4. Any person who has physical custody of the child. 393 5. Any grandparent entitled to priority for adoption under 394 s. 63.0425. 395 6. Any prospective parent who has been identified under s. 396 39.503 or s. 39.803, unless a court order has been entered 397 pursuant to s. 39.503(4), (6), or (10) or s. 39.803(4), (6), or 398 (10)s. 39.503(4) or (9) or s. 39.803(4) or (9)which indicates 399 no further notice is required. Except as otherwise provided in 400 this section, if there is not a legal father, notice of the 401 petition for termination of parental rights must be provided to 402 any known prospective father who is identified under oath before 403 the court or who is identified by a diligent search of the 404 Florida Putative Father Registry. Service of the notice of the 405 petition for termination of parental rights is not required if 406 the prospective father executes an affidavit of nonpaternity or 407 a consent to termination of his parental rights which is 408 accepted by the court after notice and opportunity to be heard 409 by all parties to address the best interests of the child in 410 accepting such affidavit. 411 7. The guardian ad litem for the child or the 412 representative of the guardian ad litem program, if the program 413 has been appointed. 414 415 The document containing the notice to respond or appear must 416 contain, in type at least as large as the type in the balance of 417 the document, the following or substantially similar language: 418 “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING 419 CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF 420 THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND 421 TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE 422 CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS 423 NOTICE.” 424 (b) If a child does not have a legal father, notice of the 425 petition for termination of parental rights shall be personally 426 served upon any known and locatable unmarried biological father 427 who is identified under oath before the court or who is 428 identified by a diligent search of the Florida Putative Father 429 Registry. Service of the notice of the petition for termination 430 of parental rights is not required if the unmarried biological 431 father signs an affidavit of nonpaternity or a consent to 432 termination of his parental rights and such affidavit or consent 433 is accepted by the department. The recipient of the notice may 434 waive service of process by executing a waiver and acknowledging 435 receipt of the notice. The notice of petition for termination of 436 parental rights must specifically state that if the unmarried 437 biological father desires to assert his parental rights to 438 acquire standing to contest the petition he must, within 30 days 439 after service: 440 1. File a claim of paternity with the Florida Putative 441 Father Registry pursuant to instructions provided for submitting 442 a claim of paternity form to the Office of Vital Statistics, 443 including the address to which the claim must be sent. 444 2. Legally establish his parental rights to the child 445 pursuant to the laws of the state. 446 3. File a verified response with the court which contains a 447 pledge of commitment to the child, a request for the court to 448 calculate and order child support, and an agreement to submit to 449 the court’s jurisdiction. 450 4. Provide support for the child as calculated by the court 451 under s. 61.30. 452 5. Seek to establish a substantial relationship with the 453 child within the parameters established by court order. A father 454 must develop a substantial relationship with the child by taking 455 parental responsibility for the child and the child’s future; 456 providing financial support to the child in accordance with his 457 ability, if not prevented from doing so by the person or 458 authorized agency having lawful custody of the child; and 459 establishing or maintaining regular contact with the child in 460 accordance with a written court order. An order for visitation 461 or other contact may be entered by the court if the court 462 determines that such contact will not endanger the safety, well 463 being, and physical, mental, or emotional health of the child. 464 The court may consider the results of any home study when making 465 such determination. 466 (c) The court shall determine whether the unmarried 467 biological father took the steps necessary to assert his 468 parental rights to acquire standing to contest the termination 469 of parental rights petition pursuant to paragraph (b) and, if 470 not, the court shall enter a finding that the unmarried 471 biological father is no longer a prospective parent or 472 participant, may not contest the petition for termination of 473 parental rights, and is no longer entitled to any further notice 474 of proceedings regarding the child unless otherwise ordered by 475 the court. 476 (d) If an unmarried biological father is not identified 477 pursuant to the inquiry under section 39.803, the unmarried 478 biological father’s claim that he did not receive actual notice 479 of the termination proceeding is not a defense to the petition 480 nor grounds that the proceeding is otherwise defective. 481 (e)(b)If a party required to be served with notice as 482 prescribed in paragraph (a) cannot be served, notice of hearings 483 must be given as prescribed by the rules of civil procedure, and 484 service of process must be made as specified by law or civil 485 actions. 486 (f)(c)Notice as prescribed by this section may be waived, 487 in the discretion of the judge, with regard to any person to 488 whom notice must be given under this subsection if the person 489 executes, before two witnesses and a notary public or other 490 officer authorized to take acknowledgments, a written surrender 491 of the child to a licensed child-placing agency or the 492 department. 493 (g)(d)If the person served with notice under this section 494 fails to personally appear at the advisory hearing, the failure 495 to personally appear shall constitute consent for termination of 496 parental rights by the person given notice. If a parent appears 497 for the advisory hearing and the court orders that parent to 498 personally appear at the adjudicatory hearing for the petition 499 for termination of parental rights, stating the date, time, and 500 location of said hearing, then failure of that parent to 501 personally appear at the adjudicatory hearing shall constitute 502 consent for termination of parental rights. 503 Section 7. Section 39.803, Florida Statutes, is amended to 504 read: 505 39.803 Identity or location of parent unknown after filing 506 of termination of parental rights petition; special procedures.— 507 (1) If the identity or location of a parent is unknown and 508 a petition for termination of parental rights is filed, the 509 court shall conduct under oath the following inquiry of the 510 parent who is available, or, if no parent is available, of any 511 relative, caregiver, or legal custodian of the child who is 512 present at the hearing and likely to have the information 513 regarding the identity of any man: 514 (a) To whom the mother of the child was married at any time 515 when conception of the child may have occurred or at the time of 516 the birth of the child. 517 (b) Who has filed an affidavit of paternity pursuant to s. 518 382.013(2)(c) before an advisory hearing is held on a petition 519 for termination of parental rights. 520 (c) Who has adopted the child before an advisory hearing is 521 held on the petition for termination of parental rights. 522 (d) Who has been adjudicated by a court as the father of 523 the child before an advisory hearing is held on a petition for 524 termination of parental rights. 525 (e) Whom the mother identified as the father under oath to 526 a representative of the department before an advisory hearing is 527 held on the petition for termination of parental rights. 528(a)Whether the mother of the child was married at the529probable time of conception of the child or at the time of birth530of the child.531 (f)(b)With whomWhetherthe mother was cohabitingwith a532maleat the probable time of conception of the child. 533 (g)(c)Who claims to be the father and from whomWhether534 the mother has received payments or promises of support with 535 respect to the child or because of her pregnancyfrom a man who536claims to be the father. 537 (h)(d)WhoWhetherthe mother has namedany manas the 538 father on the birth certificate of the child or in connection 539 with applying for or receiving public assistance before an 540 advisory hearing is held on the petition for termination of 541 parental rights. 542 (i)(e)WhoWhether any manhas acknowledged or claimed 543 paternity of the child in a jurisdiction in which the mother 544 resided at the time of or since conception of the child, or in 545 which the child has resided or resides before an advisory 546 hearing is held on the petition for termination of parental 547 rights. 548 (j)(f)WhoWhether a manis named on the birth certificate 549 of the child pursuant to s. 382.013(2). 550 (k)(g)WhoWhether a manhas been determined by a court 551 order to be the father of the child. 552 (l)(h)WhoWhether a manhas been determined to be the 553 father of the child by the Department of Revenue as provided in 554 s. 409.256. 555 (2) The information required in subsection (1) may be 556 supplied to the court or the department in the form of a sworn 557 affidavit by a person having personal knowledge of the facts. 558 (3) If the inquiry under subsection (1) identifies any 559 person as a parent or prospective parent, the court shall 560 require notice of the hearing to be provided to that person. 561 (4) If the inquiry under subsection (1) fails to identify 562 any person as a parent or prospective parent, the court shall so 563 find and may proceed without further notice. 564 (5) If the inquiry under subsection (1) identifies a parent 565 or prospective parent, and that person’s location is unknown, 566 the court shall direct the petitioner to conduct a diligent 567 search for that person before scheduling an adjudicatory hearing 568 regarding the petition for termination of parental rights to the 569 child unless the court finds that the best interest of the child 570 requires proceeding without actual notice to the person whose 571 location is unknown. 572 (6) If the inquiry under subsection (1) identifies an 573 unmarried biological father or an unmarried biological father is 574 identified by another means and is personally served with a 575 petition for termination of parental rights but fails to assert 576 his parental rights as specified in s. 39.801(3)(b), the court 577 shall so find and may proceed without further notice. 578 (7)(6)The diligent search required by subsection (5) must 579 include, at a minimum, inquiries of all known relatives of the 580 parent or prospective parent, inquiries of all offices of 581 program areas of the department likely to have information about 582 the parent or prospective parent, inquiries of other state and 583 federal agencies likely to have information about the parent or 584 prospective parent, inquiries of appropriate utility and postal 585 providers, a thorough search of at least one electronic database 586 specifically designed for locating persons, a search of the 587 Florida Putative Father Registry, and inquiries of appropriate 588 law enforcement agencies. Pursuant to s. 453 of the Social 589 Security Act, 42 U.S.C. s. 653(c)(4), the department, as the 590 state agency administering Titles IV-B and IV-E of the act, 591 shall be provided access to the federal and state parent locator 592 service for diligent search activities. 593 (8)(7)Any agency contacted by petitioner with a request 594 for information pursuant to subsection (7)(6)shall release the 595 requested information to the petitioner without the necessity of 596 a subpoena or court order. 597 (9)(8)If the inquiry and diligent search identifies a 598 prospective parent, that person must be given the opportunity to 599 become a party to the proceedings by completing a sworn 600 affidavit of parenthood and filing it with the court or the 601 department. A prospective parent who files a sworn affidavit of 602 parenthood while the child is a dependent child but no later 603 than at the time of or before the adjudicatory hearing in the 604 termination of parental rights proceeding for the child shall be 605 considered a parent for all purposes under this section. 606 (10)(9)If the diligent search under subsection (5) fails 607 to identify and locate a prospective parent, the court shall so 608 find and may proceed without further notice. 609 Section 8. Subsection (3) of section 63.092, Florida 610 Statutes, is amended to read: 611 63.092 Report to the court of intended placement by an 612 adoption entity; at-risk placement; preliminary study.— 613 (3) PRELIMINARY HOME STUDY.—Before placing the minor in the 614 intended adoptive home, a preliminary home study must be 615 performed by a licensed child-placing agency, a child-caring 616 agency registered under s. 409.176, a licensed professional, or 617 an agency described in s. 61.20(2), unless the adoptee is an 618 adult or the petitioner is a stepparent or a relative. If the 619 adoptee is an adult or the petitioner is a stepparent or a 620 relative, a preliminary home study may be required by the court 621 for good cause shown. The department is required to perform the 622 preliminary home study only if there is no licensed child 623 placing agency, child-caring agency registered under s. 409.176, 624 licensed professional, or agency described in s. 61.20(2), in 625 the county where the prospective adoptive parents reside. The 626 preliminary home study must be made to determine the suitability 627 of the intended adoptive parents and may be completed prior to 628 identification of a prospective adoptive minor. A favorable 629 preliminary home study is valid for 1 year after the date of its 630 completion. Upon its completion, a signed copy of the home study 631 must be provided to the intended adoptive parents who were the 632 subject of the home study. A minor may not be placed in an 633 intended adoptive home before a favorable preliminary home study 634 is completed unless the adoptive home is also a licensed foster 635 home under s. 409.175. The preliminary home study must include, 636 at a minimum: 637 (a) An interview with the intended adoptive parents; 638 (b) Records checks of the department’s central abuse 639 registry, which the department shall provide to the entity 640 conducting the preliminary home study, and criminal records 641 correspondence checks under s. 39.0138 through the Department of 642 Law Enforcement on the intended adoptive parents; 643 (c) An assessment of the physical environment of the home; 644 (d) A determination of the financial security of the 645 intended adoptive parents; 646 (e) Documentation of counseling and education of the 647 intended adoptive parents on adoptive parenting as determined by 648 the entity conducting the preliminary home study. The department 649 shall not require training as specified in s. 409.175(14) for 650 cases involving children placed for adoption that are not in the 651 custody or control of the department; 652 (f) Documentation that information on adoption and the 653 adoption process has been provided to the intended adoptive 654 parents; 655 (g) Documentation that information on support services 656 available in the community has been provided to the intended 657 adoptive parents; and 658 (h) A copy of each signed acknowledgment of receipt of 659 disclosure required by s. 63.085. 660 661 If the preliminary home study is favorable, a minor may be 662 placed in the home pending entry of the judgment of adoption. A 663 minor may not be placed in the home if the preliminary home 664 study is unfavorable. If the preliminary home study is 665 unfavorable, the adoption entity may, within 20 days after 666 receipt of a copy of the written recommendation, petition the 667 court to determine the suitability of the intended adoptive 668 home. A determination as to suitability under this subsection 669 does not act as a presumption of suitability at the final 670 hearing. In determining the suitability of the intended adoptive 671 home, the court must consider the totality of the circumstances 672 in the home. A minor may not be placed in a home in which there 673 resides any person determined by the court to be a sexual 674 predator as defined in s. 775.21 or to have been convicted of an 675 offense listed in s. 63.089(4)(b)2. 676 Section 9. This act shall take effect October 1, 2018.