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.
   86  39.503(1) or s. 63.062(1); or
   87         (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.
  131         a.Whether the mother of the child was married at the
  132  probable time of conception of the child or at the time of birth
  133  of the child.
  134         f.b.With whom Whether the mother was cohabiting with a
  135  male at the probable time of conception of the child.
  136         g.c.Who claims to be the father and from whom Whether the
  137  mother has received payments or promises of support with respect
  138  to the child or because of her pregnancy from a man who claims
  139  to be the father.
  140         h.d.Whom Whether the mother has named any man as the
  141  father on the birth certificate of the child or in connection
  142  with applying for or receiving public assistance.
  143         i.e.Who Whether any man has 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.Who Whether a man is named on the birth certificate of
  148  the child pursuant to s. 382.013(2).
  149         k.g.Who Whether a man has been determined by a court order
  150  to be the father of the child.
  151         l.h.Who Whether a man has 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 the
  258  probable time of conception of the child or at the time of birth
  259  of the child.
  260         (f)(b)With whom Whether the mother was cohabiting with a
  261  male at the probable time of conception of the child.
  262         (g)(c)Who claims to be the father and from whom Whether
  263  the mother has received payments or promises of support with
  264  respect to the child or because of her pregnancy from a man who
  265  claims to be the father.
  266         (h)(d)Who Whether the mother has named any man as the
  267  father on the birth certificate of the child or in connection
  268  with applying for or receiving public assistance.
  269         (i)(e)Who Whether any man has 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)Who Whether a man is named on the birth certificate
  274  of the child pursuant to s. 382.013(2).
  275         (k)(g)Who Whether a man has been determined by a court
  276  order to be the father of the child.
  277         (l)(h)Who Whether a man has 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 under in subsection (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 the
  529  probable time of conception of the child or at the time of birth
  530  of the child.
  531         (f)(b)With whom Whether the mother was cohabiting with a
  532  male at the probable time of conception of the child.
  533         (g)(c)Who claims to be the father and from whom Whether
  534  the mother has received payments or promises of support with
  535  respect to the child or because of her pregnancy from a man who
  536  claims to be the father.
  537         (h)(d)Who Whether the mother has named any man as 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)Who Whether any man has 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)Who Whether a man is named on the birth certificate
  549  of the child pursuant to s. 382.013(2).
  550         (k)(g)Who Whether a man has been determined by a court
  551  order to be the father of the child.
  552         (l)(h)Who Whether a man has 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.