Bill Text: FL S1476 | 2011 | Regular Session | Introduced
Bill Title: Paternity of a Child
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1476 Detail]
Download: Florida-2011-S1476-Introduced.html
Florida Senate - 2011 SB 1476 By Senator Flores 38-00683B-11 20111476__ 1 A bill to be entitled 2 An act relating to paternity of a child; amending s. 3 39.001, F.S.; providing legislative intent; amending 4 s. 39.01, F.S.; redefining the term “parent” and 5 defining the term “unmarried biological father”; 6 amending s. 39.502, F.S.; requiring that an unmarried 7 biological father be individually notified of the 8 filing of a dependency petition under certain 9 circumstances; providing that notice of the petition 10 for dependency is not required if the unmarried 11 biological father signs an affidavit of nonpaternity 12 or consents to termination of his parental rights; 13 providing for waiver of service of process; requiring 14 the notice to specifically warn the unmarried 15 biological father that, if he fails to initiate 16 specified activities, he will be precluded from 17 contesting the petition for dependency or any 18 subsequent petition for termination of parental rights 19 unless otherwise ordered by the court and will receive 20 no further notice of judicial proceedings; amending s. 21 39.503, F.S.; requiring the court to conduct an 22 inquiry of the parent or legal custodian on specified 23 issues if the identity or location of a parent is 24 unknown and a petition for dependency or shelter is 25 filed; requiring that a prospective parent be given 26 the opportunity to become a party to the dependency 27 proceedings if the inquiry and diligent search 28 identifies the prospective parent; requiring the 29 prospective parent to complete a sworn affidavit of 30 parenthood and file it with the court or the 31 Department of Children and Family Services; requiring 32 the prospective parent to seek to establish paternity 33 pursuant to ch. 742, F.S., if a child has two legally 34 recognized parents; amending s. 39.801, F.S.; 35 specifying procedures for providing notice to an 36 unmarried biological father in a proceeding for the 37 termination of parental rights; setting forth 38 conditions that the unmarried biological father must 39 follow in order to contest the petition to terminate 40 parental rights; specifying the consequences if the 41 unmarried biological father fails to meet the 42 conditions to prevent termination of parental rights; 43 amending s. 39.803, F.S.; requiring the court to 44 conduct an inquiry of the parent or legal custodian on 45 specified issues if the identity or location of a 46 parent is unknown and a petition for termination of 47 parental rights has been filed; providing an effective 48 date. 49 50 Be It Enacted by the Legislature of the State of Florida: 51 52 Section 1. Paragraphs (o), (p), and (q) are added to 53 subsection (1) of section 39.001, Florida Statutes, to read: 54 39.001 Purposes and intent; personnel standards and 55 screening.— 56 (1) PURPOSES OF CHAPTER.—The purposes of this chapter are: 57 (o) To ensure, whenever possible, that children have the 58 benefit of loving and caring relationships with both of their 59 parents and with both maternal and paternal relatives. To that 60 end, parents should be engaged to the fullest extent possible in 61 the lives of their children, and prospective parents should be 62 afforded a prompt, full, and fair opportunity to establish 63 parenthood and to assume all parental duties. However, a 64 prospective parent who is an unmarried biological father as 65 defined in s. 39.01, has no greater rights under this chapter 66 than he would have under chapter 63. Accordingly, his interest 67 is inchoate until such time as he demonstrates a timely and full 68 commitment to the responsibilities of parenthood. Because time 69 is of the essence in actions filed pursuant to this chapter, and 70 the time limitations belong to the child and not to the parent 71 or any prospective parent, including an unmarried biological 72 father, the parent or prospective parent must be aware that 73 failure to comply with the specific requirements of this chapter 74 may result in permanent termination of his or her rights or 75 interests as a parent or prospective parent, whether actual or 76 inchoate. 77 (p) To ensure that each child’s right to a permanent, 78 loving, and stable family is protected under the law. Each child 79 has only two legally recognized parents who are entitled to the 80 rights and responsibilities of parenthood, and, if an unmarried 81 biological father seeks parental rights to the child by claiming 82 a biological connection to that child, the unmarried biological 83 father must act expeditiously to assert and establish his 84 parental rights. 85 (q) To compel an unmarried biological father to demonstrate 86 his commitment to his child if he seeks parental rights to the 87 child. The unmarried biological father has the opportunity to 88 prove his commitment to his child by providing appropriate 89 medical care and financial support to the child and by 90 establishing legal paternity rights for himself. 91 Section 2. Subsection (49) of section 39.01, Florida 92 Statutes, is amended, present subsection (76) of that section is 93 redesignated as subsection (77), and a new subsection (76) is 94 added to that section, to read: 95 39.01 Definitions.—When used in this chapter, unless the 96 context otherwise requires: 97 (49) “Parent” means a woman who gives birth to a child and 98 a man who has legally adopted the child or who was adjudicated 99 by the court to be the father of the minor child, or any man who 100 has filed an affidavit of paternity with the Office of Vital 101 Statistics pursuant to s. 382.013(2)(c) by the date on which an 102 advisory hearing is held on a petition for termination of 103 parental rights of any father whose consent to the adoption of 104 the child would be required under s. 63.062(1). If a child has 105 been legally adopted, the term “parent” means the adoptive 106 mother or father of the child. The term does not include an 107 individual whose parental relationship to the child has been 108 legally terminated, or an alleged or prospective parent, unless 109 the parental status falls within the terms of s. 39.503(1) or s. 110 63.062(1). For purposes of this chapter only, when the phrase 111 “parent or legal custodian” is used, it refers to rights or 112 responsibilities of the parent and, only if there is no living 113 parent with intact parental rights, to the rights or 114 responsibilities of the legal custodian who has assumed the role 115 of the parent. 116 (76) “Unmarried biological father” means the child’s 117 biological father who is not married to the child’s mother at 118 the time of conception or birth of the child and who, before the 119 advisory hearing is held on a petition to terminate parental 120 rights conducted pursuant to s. 39.808, has not been adjudicated 121 by a court to be the legal father of the child or has not 122 executed an affidavit pursuant to s. 382.013(2)(c). There is no 123 unmarried biological father if the mother is married at the time 124 of conception or the birth of the child unless otherwise ordered 125 by the dependency court. 126 Section 3. Subsection (6) of section 39.502, Florida 127 Statutes, is amended to read: 128 39.502 Notice, process, and service.— 129 (6)(a) It is the duty of the petitioner or moving party to 130 notify all participants and parties known to the petitioner or 131 moving party of all hearings subsequent to the initial hearing 132 unless notice is contained in prior court orders and these 133 orders were provided to the participant or party. Proof of 134 notice or provision of orders may be provided by certified mail 135 with a signed return receipt. 136 (b)1. Notice of the petition for dependency shall be 137 individually served upon any known and locatable unmarried 138 biological father who has been identified before a court that he 139 is the child’s father or who has filed a notarized claim of 140 paternity form with the Florida Putative Father Registry. 141 2. Service of the notice of the petition for dependency is 142 not required if the unmarried biological father signs an 143 affidavit of nonpaternity or consents to termination of his 144 parental rights and such affidavit or consent is accepted by the 145 department. 146 3. The recipient of the notice may waive service of process 147 by executing a waiver and acknowledging receipt of the notice. 148 (c) The notice of the petition for dependency must 149 specifically state that, if the unmarried biological father 150 desires to contest the dependency petition and assert his 151 parental rights, the unmarried biological father must, within 30 152 days after receipt of service: 153 1. File a claim of paternity with the Florida Putative 154 Father Registry maintained by the Office of Vital Statistics; 155 2. Commence to legally establish his rights to the child 156 pursuant to this chapter; 157 3. File a verified response with the court in which the 158 unmarried biological father submits to the jurisdiction of the 159 court, pledges his commitment to raise the child, and requests 160 the court to calculate and order child support from the 161 unmarried biological father; 162 4. Provide support for the child as calculated by the court 163 pursuant to s. 61.30; and 164 5. Establish a substantial relationship with the child 165 within the parameters established by court order. An unmarried 166 biological father must develop a substantial relationship with 167 the child by taking some measure of responsibility for the child 168 and the child’s future. The unmarried biological father must: 169 a. Visit the child at least monthly if the unmarried 170 biological father is physically and financially able to do so 171 and is not prevented from doing so by the person or authorized 172 agency having lawful custody of the child; or 173 b. Maintain regular communication with the child or with 174 the person or authorized agency having lawful custody of the 175 child if the unmarried biological father is physically or 176 financially unable to visit the child and is not prevented from 177 maintaining regular communication with the child by the person 178 or authorized agency having lawful custody of the child. 179 (d) The unmarried biological father may not contest the 180 petition for dependency or any subsequent petition for 181 termination of parental rights and is not entitled to any 182 further notice of any proceedings regarding the child, unless 183 otherwise ordered by the court, if the unmarried biological 184 father fails to: 185 1. Timely and properly file a verified response with the 186 court which contains a pledge of commitment to the child; 187 2. File a claim of paternity form with the Florida Putative 188 Father Registry; 189 3. Legally establish his paternity of the child; or 190 4. Provide support for the child in an amount determined 191 pursuant to s. 61.30. 192 (e) If the unmarried biological father is not identified 193 during the course of the court inquiry, the unmarried biological 194 father’s claim that he did not receive actual notice of the 195 dependency proceeding is not a defense to a finding that the 196 child is dependent. 197 Section 4. Subsections (1) and (8) of section 39.503, 198 Florida Statutes, are amended to read: 199 39.503 Identity or location of parent unknown; special 200 procedures.— 201 (1) If the identity or location of a parent is unknown and 202 a petition for dependency or shelter is filed, the court shall 203 conduct the following inquiry of the parent or legal custodian 204 who is available, or, if no parent or legal custodian is 205 available, of any relative or custodian of the child who is 206 present at the hearing and likely to have the information: 207 (a) Whether the mother of the child was married at the 208 probable time of conception of the child or at the time of birth 209 of the child. 210 (b) Whether the mother was cohabiting with a male at the 211 probable time of conception of the child. 212 (c) Whether the mother has received payments or promises of 213 support with respect to the child or because of her pregnancy 214 from a man who claims to be the father. 215 (d) Whether the mother has named any man as the father on 216 the birth certificate of the child or in connection with 217 applying for or receiving public assistance. 218 (e) Whether any man has acknowledged or claimed paternity 219 of the child in a jurisdiction in which the mother resided at 220 the time of or since conception of the child, or in which the 221 child has resided or resides. 222 (f) Whether any man was married to the mother of the child 223 at the time of conception or birth of the child. 224 (g) Whether any man has filed an affidavit of paternity 225 pursuant to s. 382.013(2)(c). 226 (h) Whether any man has adopted the child. 227 (i) Whether any man has been adjudicated by a court as the 228 father of the child. 229 (j) Whether the mother, under oath, has identified any man 230 as the father of the child to a representative of the 231 department. 232 (8)(a) If the inquiry and diligent search identifies a 233 prospective parent, that person must be given the opportunity to 234 become a party to the proceedings by completing a sworn 235 affidavit of parenthood and filing it with the court or the 236 department. A prospective parent may filewho filesa sworn 237 affidavit of parenthood only ifwhilethe child does not have 238 two legally recognized parents. If a child has two legally 239 recognized parents, the prospective parent must seek to 240 establish paternity pursuant to chapter 742 and substitute his 241 parental rights for the rights of the other father. The 242 dependency court may consider the petition to establish 243 paternity pursuant to chapter 742 as part of the dependency 244 proceedings, including entry of an order or judgment 245 establishing paternityis a dependent child but no later than at246the time of or prior to the adjudicatory hearing in any247termination of parental rights proceeding for the child shall be248considered a parent for all purposes under this section unless249the other parent contests the determination of parenthood.If250the known parent contests the recognition of the prospective251parent as a parent, the prospective parent shall not be252recognized as a parent until proceedings under chapter 742 have253been concluded. However, the prospective parent shall continue254to receive notice of hearings as a participant pending results255of the chapter 742 proceedings.256 (b) If no parent objects to a request to establish 257 paternity and substitute his parental rights, the court may 258 enter an order substituting the prospective parent’s parental 259 rights to the child for the right of the currently recognized 260 father, order the Office of Vital Statistics to amend the 261 child’s birth record, and order the prospective parent to pay 262 support for the child. If either present parent objects to 263 substitution of the prospective parent’s parental rights, the 264 prospective parent may proceed to litigate parental rights 265 pursuant to chapter 742. The dependency court may consider the 266 petition to establish paternity pursuant to chapter 742 as part 267 of the dependency proceedings, including entry of an order or 268 judgment establishing paternity. 269 (c) If the prospective parent does not file a sworn 270 affidavit of parenthood, or if the other parent contests the 271 claim of parenthood, the court may, after considering the best 272 interest of the child, order scientific testing to determine 273 paternity of the child. Test results are admissible in evidence 274 and should be weighed along with other evidence of the paternity 275 of the alleged father unless the statistical probability of 276 paternity equals or exceeds 95 percent. A statistical 277 probability of paternity of 95 percent or more creates a 278 rebuttable presumption, as defined by s. 90.304, that the 279 alleged father is the biological father of the child. If a party 280 fails to rebut the presumption of paternity which arose from the 281 statistical probability of paternity of 95 percent or more, the 282 court may enter a summary judgment of paternity. If the test 283 results show the alleged father is not the biological father, 284 the prospective parent is no longer entitled to notice of the 285 proceedings. The court shall assess the cost of the paternity 286 determination as a cost of litigation. 287 Section 5. Subsection (3) of section 39.801, Florida 288 Statutes, is amended to read: 289 39.801 Procedures and jurisdiction; notice; service of 290 process.— 291 (3) Before the court may terminate parental rights, in 292 addition to the other requirements set forth in this part, the 293 following requirements must be met: 294 (a) Notice of the date, time, and place of the advisory 295 hearing for the petition to terminate parental rights and a copy 296 of the petition must be personally served upon the following 297 persons, specifically notifying them that a petition has been 298 filed: 299 1. The parents of the child. 300 2. The legal custodians of the child. 301 3. If the parents who would be entitled to notice are dead 302 or unknown, a living relative of the child, unless upon diligent 303 search and inquiry no such relative can be found. 304 4. Any person who has physical custody of the child. 305 5. Any grandparent entitled to priority for adoption under 306 s. 63.0425. 307 6. Any prospective parent who has been identified under s. 308 39.503 or s. 39.803. 309 7. The guardian ad litem for the child or the 310 representative of the guardian ad litem program, if the program 311 has been appointed. 312 313 The document containing the notice to respond or appear must 314 contain, in type at least as large as the type in the balance of 315 the document, the following or substantially similar language: 316 “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING 317 CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF 318 THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND 319 TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE 320 CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS 321 NOTICE.” 322 (b)1. Notice of the petition for termination of parental 323 rights shall be individually served upon any known and locatable 324 unmarried biological father who has been identified before a 325 court or who has filed a notarized claim of paternity form with 326 the Florida Putative Father Registry. 327 2. Service of the notice of the petition for termination of 328 parental rights is not required if the unmarried biological 329 father signs an affidavit of nonpaternity or consents to 330 termination of his parental rights and such affidavit or consent 331 is accepted by the department. 332 3. The recipient of the notice may waive service of process 333 by executing a waiver and acknowledging receipt of the notice. 334 (c) The notice of petition for termination of parental 335 rights must specifically state that, if the unmarried biological 336 father desires to contest the petition and assert his parental 337 rights, he must, within 30 days after receipt of service: 338 1. File a claim of paternity form with the Florida Putative 339 Father Registry. 340 2. Commence to legally establish his rights to the child 341 pursuant to the provisions of this chapter. 342 3. File a verified response with the court in which the 343 unmarried biological father submits to the jurisdiction of the 344 court, pledges his commitment to raise the child, and requests 345 the court to calculate and order child support from the 346 unmarried biological father. 347 4. Provide support for the child as calculated by the court 348 pursuant to s. 61.30. 349 5. Establish a substantial relationship with the child 350 within the parameters established by court order. An unmarried 351 biological father must develop a substantial relationship with 352 the child by taking some measure of responsibility for the child 353 and the child’s future. The unmarried biological father must: 354 a. Visit the child at least monthly if the unmarried 355 biological father is physically and financially able to do so 356 and is not prevented from doing so by the person or authorized 357 agency having lawful custody of the child; or 358 b. Maintain regular communication with the child or with 359 the person or authorized agency having lawful custody of the 360 child if the unmarried biological father is physically or 361 financially unable to visit the child and is not prevented from 362 maintaining regular communication with the child by the person 363 or authorized agency having lawful custody of the child. 364 (d) The unmarried biological father may not contest the 365 petition for termination of parental rights and is not entitled 366 to any further notice of any proceedings regarding the child, 367 unless otherwise ordered by the court, if the unmarried 368 biological father fails to do any of the following: 369 1. Timely and properly file a verified response with the 370 court which contains a pledge of commitment to the child; 371 2. File a claim of paternity form with the Florida Putative 372 Father Registry; 373 3. Legally establish his paternity to the child; and 374 4. Provide support for the child in an amount to be 375 determined pursuant to s. 61.30. 376 (e) If an unmarried biological father is not identified 377 during the course of the court inquiry, the unmarried biological 378 father’s claim that he did not receive actual notice of the 379 termination proceeding is not a defense to the petition and does 380 not serve as grounds for a finding that the proceeding is 381 otherwise defective. 382 (f)(b)If a party required to be served with notice as 383 prescribed in paragraph (a) cannot be served, notice of hearings 384 must be given as prescribed by the rules of civil procedure, and 385 service of process must be made as specified by law or civil 386 actions. 387 (g)(c)Notice as prescribed by this section may be waived, 388 in the discretion of the judge, with regard to any person to 389 whom notice must be given under this subsection if the person 390 executes, before two witnesses and a notary public or other 391 officer authorized to take acknowledgments, a written surrender 392 of the child to a licensed child-placing agency or the 393 department. 394 (h)(d)If the person served with notice under this section 395 fails to personally appear at the advisory hearing, the failure 396 to personally appear shall constitute consent for termination of 397 parental rights by the person given notice. If a parent appears 398 for the advisory hearing and the court orders that parent to 399 personally appear at the adjudicatory hearing for the petition 400 for termination of parental rights, stating the date, time, and 401 location of said hearing, then failure of that parent to 402 personally appear at the adjudicatory hearing shall constitute 403 consent for termination of parental rights. 404 Section 6. Subsection (1) of section 39.803, Florida 405 Statutes, is amended to read: 406 39.803 Identity or location of parent unknown after filing 407 of termination of parental rights petition; special procedures.— 408 (1) If the identity or location of a parent is unknown and 409 a petition for termination of parental rights is filed, the 410 court shall conduct the following inquiry of the parent who is 411 available, or, if no parent is available, of any relative, 412 caregiver, or legal custodian of the child who is present at the 413 hearing and likely to have the information: 414 (a) Whether the mother of the child was married at the 415 probable time of conception of the child or at the time of birth 416 of the child. 417 (b) Whether the mother was cohabiting with a male at the 418 probable time of conception of the child. 419 (c) Whether the mother has received payments or promises of 420 support with respect to the child or because of her pregnancy 421 from a man who claims to be the father. 422 (d) Whether the mother has named any man as the father on 423 the birth certificate of the child or in connection with 424 applying for or receiving public assistance. 425 (e) Whether any man has acknowledged or claimed paternity 426 of the child in a jurisdiction in which the mother resided at 427 the time of or since conception of the child, or in which the 428 child has resided or resides. 429 (f) Whether any man was married to the mother of the child 430 at the time of conception or birth of the child. 431 (g) Whether any man has filed an affidavit of paternity 432 pursuant to s. 382.013(2). 433 (h) Whether any man has adopted the child. 434 (i) Whether any man has been adjudicated by a court as the 435 father of the child. 436 (j) Whether the mother, under oath, has identified any man 437 as the father of the child to a representative of the 438 department. 439 Section 7. This act shall take effect July 1, 2011.