Bill Text: FL S0774 | 2018 | Regular Session | Introduced
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-Introduced.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-Introduced.html
Florida Senate - 2018 SB 774 By Senator Bean 4-00807-18 2018774__ 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 s. 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 ss. 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. 409.1662, 32 F.S.; requiring the Department of Children and 33 Families to include certain information regarding 34 adoptions in outcome-based agreements between lead 35 agencies and their subcontracted providers; providing 36 an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Paragraphs (n), (o), and (p) of subsection (1) 41 of section 39.001, Florida Statutes, are redesignated as 42 paragraphs (o), (p), and (q), respectively, and a new paragraph 43 (n) is added to that subsection to read: 44 39.001 Purposes and intent; personnel standards and 45 screening.— 46 (1) PURPOSES OF CHAPTER.—The purposes of this chapter are: 47 (n) Whenever possible, to ensure that children have the 48 benefit of loving and caring relationships with both of their 49 parents. To that end, parents should be engaged to the fullest 50 extent possible in the lives of their children and prospective 51 parents should be afforded a prompt, full, and fair opportunity 52 to establish a parental relationship with their children and 53 assume all parental duties. A prospective parent who is an 54 unmarried biological father has the same rights under this 55 chapter as under chapter 63. Accordingly, his interest is 56 inchoate until he demonstrates a timely and full commitment to 57 the responsibilities of parenthood. Because time is of the 58 essence under this chapter, and the time limitations belong to 59 the child and not to the parent or to any prospective parent, 60 prospective parents, including unmarried biological parents, 61 must be aware that failure to comply with the specific 62 requirements of this chapter may result in permanent elimination 63 or termination of their rights or interests as actual or 64 inchoate parents or prospective parents. 65 Section 2. Subsection (50) of section 39.01, Florida 66 Statutes, is amended, subsection (81) is renumbered as 67 subsection (82), and a new subsection (81) is added to that 68 section, to read: 69 39.01 Definitions.—When used in this chapter, unless the 70 context otherwise requires: 71 (50) “Parent” means a woman who gives birth to a child and 72 a man whose consent to the adoption of the child would be 73 required under s. 63.062(1). The term “parent” also means legal 74 father as defined in this section. If a child has been legally 75 adopted, the term “parent” means the adoptive mother or father 76 of the child. For purposes of this chapter only, when the phrase 77 “parent or legal custodian” is used, it refers to rights or 78 responsibilities of the parent and, only if there is no living 79 parent with intact parental rights, to the rights or 80 responsibilities of the legal custodian who has assumed the role 81 of the parent. The term does not include an individual whose 82 parental relationship to the child has been legally terminated, 83 or an alleged or prospective parent, unless:84(a)The parental status falls within the terms of s.8539.503(1) or s. 63.062(1); or86(b)parental status is applied for the purpose of 87 determining whether the child has been abandoned. 88 (81) “Unmarried biological father” means the child’s 89 biological father who is not married to the child’s mother at 90 the time of conception or on the date of the birth of the child 91 and who, before the advisory hearing is held on a petition to 92 terminate parental rights, has not been adjudicated or declared 93 by a court of competent jurisdiction to be the legal father of 94 the child or has not executed an affidavit pursuant to s. 95 382.013(2)(c). 96 Section 3. Paragraph (c) of subsection (8) of section 97 39.402, Florida Statutes, is amended to read: 98 39.402 Placement in a shelter.— 99 (8) 100 (c) At the shelter hearing, the court shall: 101 1. Appoint a guardian ad litem to represent the best 102 interest of the child, unless the court finds that such 103 representation is unnecessary; 104 2. Inform the parents or legal custodians of their right to 105 counsel to represent them at the shelter hearing and at each 106 subsequent hearing or proceeding, and the right of the parents 107 to appointed counsel, pursuant to the procedures set forth in s. 108 39.013; 109 3. Give the parents or legal custodians an opportunity to 110 be heard and to present evidence; and 111 4. Inquire of those present at the shelter hearing as to 112 the identity and location of the legal father. In determining 113 who the legal father of the child may be, the court shall 114 inquire under oath of those present at the shelter hearing 115 whether they have any of the following information regarding the 116 identity of any man: 117 a. To whom the mother of the child was married at any time 118 when conception of the child may have occurred or at the time of 119 the birth of the child. 120 b. Who has filed an affidavit of paternity pursuant to s. 121 382.013(2)(c) before an advisory hearing is held on a petition 122 for termination of parental rights. 123 c. Who has adopted the child. 124 d. Who has been adjudicated by a court of competent 125 jurisdiction as the father of the child before an advisory 126 hearing is held on a petition for termination of parental 127 rights. 128 e. Whom the mother identified as the father under oath to a 129 representative of the department. 130a.Whether the mother of the child was married at the131probable time of conception of the child or at the time of birth132of the child.133 f.b.With whomWhetherthe mother was cohabitingwith a134maleat the probable time of conception of the child. 135 g.c.Who claims to be the father and from whomWhetherthe 136 mother has received payments or promises of support with respect 137 to the child or because of her pregnancyfrom a man who claims138to be the father. 139 h.d.WhomWhetherthe mother has namedany manas the 140 father on the birth certificate of the child or in connection 141 with applying for or receiving public assistance. 142 i.e.WhoWhether any manhas acknowledged or claimed 143 paternity of the child in a jurisdiction in which the mother 144 resided at the time of or since conception of the child or in 145 which the child has resided or resides. 146 j.f.WhoWhether a manis named on the birth certificate of 147 the child pursuant to s. 382.013(2). 148 k.g.WhoWhether a manhas been determined by a court order 149 to be the father of the child. 150 l.h.WhoWhether a manhas been determined to be the father 151 of the child by the Department of Revenue as provided in s. 152 409.256. 153 Section 4. Subsections (7) through (19) of section 39.502, 154 Florida Statutes, are renumbered as subsections (8) through 155 (20), respectively, subsection (1) and present subsection (9) of 156 that section are amended, and a new subsection (7) is added to 157 that section, to read: 158 39.502 Notice, process, and service.— 159 (1) Unless parental rights have been terminated, all 160 parents must be notified of all proceedings or hearings 161 involving the child. Notice in cases involving shelter hearings 162 and hearings resulting from medical emergencies must be that 163 most likely to result in actual notice to the parents. In all 164 other dependency proceedings, notice must be provided in 165 accordance with subsections (4)-(10)(4)-(9), except when a 166 relative requests notification pursuant to s. 39.301(14)(b), in 167 which case notice shall be provided pursuant to subsection (20) 168(19). 169 (7)(a) Notice of the petition for dependency shall be 170 individually served upon any known and locatable unmarried 171 biological father who is identified under oath before the court 172 or who is identified by a diligent search of the Florida 173 Putative Father Registry. Service of the notice of the petition 174 for dependency is not required if the unmarried biological 175 father signs an affidavit of nonpaternity or a consent to 176 termination of his parental rights and such affidavit or consent 177 is accepted by the department. The recipient of the notice may 178 waive service of process by executing a waiver and acknowledging 179 receipt of the notice. 180 (b) The notice of petition for dependency must specifically 181 state that if the unmarried biological father desires to assert 182 his parental rights to acquire standing to contest the 183 dependency petition he must, within 30 days after service: 184 1. File a claim of paternity with the Florida Putative 185 Father Registry pursuant to instructions provided for submitting 186 a claim of paternity form to the Office of Vital Statistics, 187 including the address to which the claim must be sent. 188 2. Legally establish his parental rights to the child 189 pursuant to the laws of the state. 190 3. File a verified response with the court which contains a 191 pledge of commitment to the child, a request for the court to 192 calculate and order child support, and an agreement to submit to 193 the court’s jurisdiction. 194 4. Provide support for the child as calculated by the court 195 under s. 61.30. 196 5. Seek to establish a substantial relationship with the 197 child within the parameters established by court order. An 198 unmarried biological father must develop a substantial 199 relationship with the child by taking parental responsibility 200 for the child and the child’s future; providing financial 201 support to the child in accordance with his ability, if not 202 prevented from doing so by the person or authorized agency 203 having lawful custody of the child; and establishing or 204 maintaining regular contact with the child in accordance with a 205 written court order. An order for visitation or other contact 206 may be entered by the court if the court determines that such 207 contact will not endanger the safety, well-being, or physical, 208 mental, or emotional health of the child. The court may consider 209 the results of any home study in making such determination. 210 (c) The court shall determine whether the unmarried 211 biological father took the steps necessary to assert his 212 parental rights to acquire standing to contest the dependency 213 petition pursuant to paragraph (b) and, if not, the court shall 214 enter a finding that the unmarried biological father is no 215 longer a prospective parent or participant, may not contest the 216 petition for dependency or any subsequent petition for 217 termination of parental rights, and is no longer entitled to any 218 further notice of proceedings regarding the child unless 219 otherwise ordered by the court. 220 (d) If an unmarried biological father is not identified 221 pursuant to the inquiry under this section, the unmarried 222 biological father’s claim that he did not receive actual notice 223 of the dependency proceeding is not a defense to a finding that 224 the child is dependent. 225 (10)(9)When an affidavit of diligent search has been filed 226 under subsection (9)(8), the petitioner shall continue to 227 search for and attempt to serve the person sought until excused 228 from further search by the court. The petitioner shall report on 229 the results of the search at each court hearing until the person 230 is identified or located or further search is excused by the 231 court. 232 Section 5. Section 39.503, Florida Statutes, is amended to 233 read: 234 39.503 Identity or location of parent unknown; special 235 procedures.— 236 (1) If the identity or location of a parent is unknown and 237 a petition for dependency or shelter is filed, the court shall 238 conduct under oath the following inquiry of the parent or legal 239 custodian who is available, or, if no parent or legal custodian 240 is available, of any relative or custodian of the child who is 241 present at the hearing and likely to have any of the following 242 information regarding the identity of any man: 243 (a) To whom the mother of the minor was married at any time 244 when conception of the child may have occurred or at the time of 245 the birth of the child. 246 (b) Who has filed an affidavit of paternity pursuant to s. 247 382.013(2)(c) before an advisory hearing is held on a petition 248 for termination of parental rights. 249 (c) Who has adopted the child. 250 (d) Who has been adjudicated by a court of competent 251 jurisdiction as the father of the child before an advisory 252 hearing is held on a petition for termination of parental 253 rights. 254 (e) Whom the mother identified as the father under oath to 255 a representative of the department. 256(a)Whether the mother of the child was married at the257probable time of conception of the child or at the time of birth258of the child.259 (f)(b)With whomWhetherthe mother was cohabitingwith a260maleat the probable time of conception of the child. 261 (g)(c)Who claims to be the father and from whomWhether262 the mother has received payments or promises of support with 263 respect to the child or because of her pregnancyfrom a man who264claims to be the father. 265 (h)(d)WhoWhetherthe mother has namedany manas the 266 father on the birth certificate of the child or in connection 267 with applying for or receiving public assistance. 268 (i)(e)WhoWhether any manhas acknowledged or claimed 269 paternity of the child in a jurisdiction in which the mother 270 resided at the time of or since conception of the child, or in 271 which the child has resided or resides. 272 (j)(f)WhoWhether a manis named on the birth certificate 273 of the child pursuant to s. 382.013(2). 274 (k)(g)WhoWhether a manhas been determined by a court 275 order to be the father of the child. 276 (l)(h)WhoWhether a manhas been determined to be the 277 father of the child by the Department of Revenue as provided in 278 s. 409.256. 279 (2) The information required underinsubsection (1) may be 280 supplied to the court or the department in the form of a sworn 281 affidavit by a person having personal knowledge of the facts. 282 (3) If the inquiry under subsection (1) identifies any 283 person as a parent or prospective parent, the court shall 284 require notice of the hearing to be provided to that person. 285 (4) If the inquiry under subsection (1) fails to identify 286 any person as a parent or prospective parent, the court shall so 287 find and may proceed without further notice. 288 (5) If the inquiry under subsection (1) identifies a parent 289 or prospective parent, and that person’s location is unknown, 290 the court shall direct the petitioner to conduct a diligent 291 search for that person before scheduling a disposition hearing 292 regarding the dependency of the child unless the court finds 293 that the best interest of the child requires proceeding without 294 notice to the person whose location is unknown. 295 (6) If the inquiry under subsection (1) identifies an 296 unmarried biological father or an unmarried biological father is 297 identified by another means and is individually served with a 298 petition for dependency but fails to assert his parental rights 299 as specified in s. 39.502(7), the court shall so find and may 300 proceed without further notice. 301 (7)(6)The diligent search required by subsection (5) must 302 include, at a minimum, inquiries of all relatives of the parent 303 or prospective parent made known to the petitioner, inquiries of 304 all offices of program areas of the department likely to have 305 information about the parent or prospective parent, inquiries of 306 other state and federal agencies likely to have information 307 about the parent or prospective parent, inquiries of appropriate 308 utility and postal providers, a thorough search of at least one 309 electronic database specifically designed for locating persons, 310 a search of the Florida Putative Father Registry, and inquiries 311 of appropriate law enforcement agencies. Pursuant to s. 453 of 312 the Social Security Act, 42 U.S.C. s. 653(c)(4), the department, 313 as the state agency administering Titles IV-B and IV-E of the 314 act, shall be provided access to the federal and state parent 315 locator service for diligent search activities. 316 (8)(7)Any agency contacted by a petitioner with a request 317 for information pursuant to subsection (7)(6)shall release the 318 requested information to the petitioner without the necessity of 319 a subpoena or court order. 320 (9)(a)(8)If the inquiry and diligent search identifies a 321 prospective parent, that person must be given the opportunity to 322 become a party to the proceedings by completing a sworn 323 affidavit of parenthood and filing it with the court or the 324 department. A prospective parent who files a sworn affidavit of 325 parenthood while the child is a dependent child but no later 326 than at the time of or before the adjudicatory hearing in any 327 termination of parental rights proceeding for the child shall be 328 considered a parent for all purposes under this section unless 329 the other parent contests the determination of parenthood. If 330 neither the known parent nor the prospective parent objects to a 331 request to establish parentage under the laws of the state, the 332 court may enter an agreed order, order the Office of Vital 333 Statistics to amend the child’s birth certificate, and order the 334 petitioning parent to pay support for the child. 335 (b) If the known parent contests the recognition of the 336 prospective parent as a parent, the prospective parent may not 337 be recognized as a parent until proceedings to determine 338 maternity or paternity under chapter 742 have been concluded. 339 However, the prospective parent shall continue to receive notice 340 of hearings as a participant pending results of the chapter 742 341 proceedings to determine maternity or paternity. The dependency 342 court may hear the chapter 742 proceeding and establish 343 parentage in accordance with the procedures in that chapter, 344 including entry of an order or judgment establishing parentage. 345 (c) A prospective parent may only file a sworn affidavit of 346 parenthood when the child does not have two legally recognized 347 parents. If a child has two legally recognized parents, the 348 prospective parent must seek to establish parentage pursuant to 349 chapter 742. 350 (d) Nothing in this subsection prevents the known parent 351 and the prospective parent from agreeing to voluntarily submit 352 to scientific testing to determine the maternity or paternity of 353 the child if the child does not already have two legally 354 recognized parents and the court determines it is in the child’s 355 best interest. 356 (e) Test results are admissible in evidence and shall be 357 weighed along with other evidence of parentage unless the 358 statistical probability of parentage equals or exceeds 95 359 percent. A statistical probability of parentage that equals or 360 exceeds 95 percent creates a rebuttable presumption, as 361 described in s. 90.304, that the alleged parent is the 362 biological parent of the child. If a party fails to rebut the 363 presumption of parentage which arose from the statistical 364 probability of parentage that equals or exceeds 95 percent, the 365 court may enter a summary judgment of parentage. If the test 366 results show the alleged parent is not the biological parent, 367 the prospective parent is no longer considered a participant or 368 entitled to notice of the proceedings. 369 (f) The court shall assess the cost of the paternity 370 determination as a cost of litigation. 371 (10)(9)If the diligent search under subsection (5) fails 372 to identify and locate a parent or prospective parent, the court 373 shall so find and may proceed without further notice. 374 Section 6. Subsection (3) of section 39.801, Florida 375 Statutes, is amended to read: 376 39.801 Procedures and jurisdiction; notice; service of 377 process.— 378 (3) Before the court may terminate parental rights, in 379 addition to the other requirements set forth in this part, the 380 following requirements must be met: 381 (a) Notice of the date, time, and place of the advisory 382 hearing for the petition to terminate parental rights and a copy 383 of the petition must be personally served upon the following 384 persons, specifically notifying them that a petition has been 385 filed: 386 1. The parents of the child. 387 2. The legal custodians of the child. 388 3. If the parents who would be entitled to notice are dead 389 or unknown, a living relative of the child, unless upon diligent 390 search and inquiry no such relative can be found. 391 4. Any person who has physical custody of the child. 392 5. Any grandparent entitled to priority for adoption under 393 s. 63.0425. 394 6. Any prospective parent who has been identified under s. 395 39.503 or s. 39.803, unless a court order has been entered 396 pursuant to s. 39.503(4), (6), or (10) or s. 39.803(4), (6), or 397 (10)s. 39.503(4) or (9) or s. 39.803(4) or (9)which indicates 398 no further notice is required. Except as otherwise provided in 399 this section, if there is not a legal father, notice of the 400 petition for termination of parental rights must be provided to 401 any known prospective father who is identified under oath before 402 the court or who is identified by a diligent search of the 403 Florida Putative Father Registry. Service of the notice of the 404 petition for termination of parental rights is not required if 405 the prospective father executes an affidavit of nonpaternity or 406 a consent to termination of his parental rights which is 407 accepted by the court after notice and opportunity to be heard 408 by all parties to address the best interests of the child in 409 accepting such affidavit. 410 7. The guardian ad litem for the child or the 411 representative of the guardian ad litem program, if the program 412 has been appointed. 413 414 The document containing the notice to respond or appear must 415 contain, in type at least as large as the type in the balance of 416 the document, the following or substantially similar language: 417 “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING 418 CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF 419 THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND 420 TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE 421 CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS 422 NOTICE.” 423 (b) Notice of the petition for termination of parental 424 rights shall be individually served upon any known and locatable 425 unmarried biological father who is identified under oath before 426 the court or who is identified by a diligent search of the 427 Florida Putative Father Registry. Service of the notice of the 428 petition for termination of parental rights is not required if 429 the unmarried biological father signs an affidavit of 430 nonpaternity or a consent to termination of his parental rights 431 and such affidavit or consent is accepted by the department. The 432 recipient of the notice may waive service of process by 433 executing a waiver and acknowledging receipt of the notice. The 434 notice of petition for termination of parental rights must 435 specifically state that if the unmarried biological father 436 desires to assert his parental rights to acquire standing to 437 contest the petition he must, within 30 days after service: 438 1. File a claim of paternity with the Florida Putative 439 Father Registry pursuant to instructions provided for submitting 440 a claim of paternity form to the Office of Vital Statistics, 441 including the address to which the claim must be sent. 442 2. Legally establish his parental rights to the child 443 pursuant to the laws of the state. 444 3. File a verified response with the court which contains a 445 pledge of commitment to the child, a request for the court to 446 calculate and order child support, and an agreement to submit to 447 the court’s jurisdiction. 448 4. Provide support for the child as calculated by the court 449 under s. 61.30. 450 5. Seek to establish a substantial relationship with the 451 child within the parameters established by court order. A father 452 must develop a substantial relationship with the child by taking 453 parental responsibility for the child and the child’s future; 454 providing financial support to the child in accordance with his 455 ability, if not prevented from doing so by the person or 456 authorized agency having lawful custody of the child; and 457 establishing or maintaining regular contact with the child in 458 accordance with a written court order. An order for visitation 459 or other contact may be entered by the court if the court 460 determines that such contact will not endanger the safety, well 461 being, and physical, mental, or emotional health of the child. 462 The court may consider the results of any home study when making 463 such determination. 464 (c) The court shall determine whether the unmarried 465 biological father took the steps necessary to assert his 466 parental rights to acquire standing to contest the dependency 467 petition pursuant to paragraph (b) and, if not, the court shall 468 enter a finding that the unmarried biological father is no 469 longer a prospective parent or participant, may not contest the 470 petition for termination of parental rights, and is no longer 471 entitled to any further notice of proceedings regarding the 472 child unless otherwise ordered by the court. 473 (d) If an unmarried biological father is not identified 474 pursuant to the inquiry under this section, the unmarried 475 biological father’s claim that he did not receive actual notice 476 of the termination proceeding is not a defense to the petition 477 nor grounds that the proceeding is otherwise defective. 478 (e)(b)If a party required to be served with notice as 479 prescribed in paragraph (a) cannot be served, notice of hearings 480 must be given as prescribed by the rules of civil procedure, and 481 service of process must be made as specified by law or civil 482 actions. 483 (f)(c)Notice as prescribed by this section may be waived, 484 in the discretion of the judge, with regard to any person to 485 whom notice must be given under this subsection if the person 486 executes, before two witnesses and a notary public or other 487 officer authorized to take acknowledgments, a written surrender 488 of the child to a licensed child-placing agency or the 489 department. 490 (g)(d)If the person served with notice under this section 491 fails to personally appear at the advisory hearing, the failure 492 to personally appear shall constitute consent for termination of 493 parental rights by the person given notice. If a parent appears 494 for the advisory hearing and the court orders that parent to 495 personally appear at the adjudicatory hearing for the petition 496 for termination of parental rights, stating the date, time, and 497 location of said hearing, then failure of that parent to 498 personally appear at the adjudicatory hearing shall constitute 499 consent for termination of parental rights. 500 Section 7. Section 39.803, Florida Statutes, is amended to 501 read: 502 39.803 Identity or location of parent unknown after filing 503 of termination of parental rights petition; special procedures.— 504 (1) If the identity or location of a parent is unknown and 505 a petition for termination of parental rights is filed, the 506 court shall conduct under oath the following inquiry of the 507 parent who is available, or, if no parent is available, of any 508 relative, caregiver, or legal custodian of the child who is 509 present at the hearing and likely to have the information 510 regarding the identity of any man: 511 (a) To whom the mother of the child was married at any time 512 when conception of the child may have occurred or at the time of 513 the birth of the child. 514 (b) Who has filed an affidavit of paternity pursuant to s. 515 382.013(2)(c) before an advisory hearing is held on a petition 516 for termination of parental rights. 517 (c) Who has adopted the child before an advisory hearing is 518 held on the petition for termination of parental rights. 519 (d) Who has been adjudicated by a court as the father of 520 the child before an advisory hearing is held on a petition for 521 termination of parental rights. 522 (e) Whom the mother identified as the father under oath to 523 a representative of the department before an advisory hearing is 524 held on the petition for termination of parental rights. 525(a)Whether the mother of the child was married at the526probable time of conception of the child or at the time of birth527of the child.528 (f)(b)With whomWhetherthe mother was cohabitingwith a529maleat the probable time of conception of the child. 530 (g)(c)Who claims to be the father and from whomWhether531 the mother has received payments or promises of support with 532 respect to the child or because of her pregnancyfrom a man who533claims to be the father. 534 (h)(d)WhoWhetherthe mother has namedany manas the 535 father on the birth certificate of the child or in connection 536 with applying for or receiving public assistance before an 537 advisory hearing is held on the petition for termination of 538 parental rights. 539 (i)(e)WhoWhether any manhas acknowledged or claimed 540 paternity of the child in a jurisdiction in which the mother 541 resided at the time of or since conception of the child, or in 542 which the child has resided or resides before an advisory 543 hearing is held on the petition for termination of parental 544 rights. 545 (j)(f)WhoWhether a manis named on the birth certificate 546 of the child pursuant to s. 382.013(2). 547 (k)(g)WhoWhether a manhas been determined by a court 548 order to be the father of the child. 549 (l)(h)WhoWhether a manhas been determined to be the 550 father of the child by the Department of Revenue as provided in 551 s. 409.256. 552 (2) The information required in subsection (1) may be 553 supplied to the court or the department in the form of a sworn 554 affidavit by a person having personal knowledge of the facts. 555 (3) If the inquiry under subsection (1) identifies any 556 person as a parent or prospective parent, the court shall 557 require notice of the hearing to be provided to that person. 558 (4) If the inquiry under subsection (1) fails to identify 559 any person as a parent or prospective parent, the court shall so 560 find and may proceed without further notice. 561 (5) If the inquiry under subsection (1) identifies a parent 562 or prospective parent, and that person’s location is unknown, 563 the court shall direct the petitioner to conduct a diligent 564 search for that person before scheduling an adjudicatory hearing 565 regarding the petition for termination of parental rights to the 566 child unless the court finds that the best interest of the child 567 requires proceeding without actual notice to the person whose 568 location is unknown. 569 (6) If the inquiry under subsection (1) identifies an 570 unmarried biological father or an unmarried biological father is 571 identified by another means and is individually served with a 572 petition for termination of parental rights but fails to assert 573 his parental rights as specified in s. 39.801(3)(b), the court 574 shall so find and may proceed without further notice. 575 (7)(6)The diligent search required by subsection (5) must 576 include, at a minimum, inquiries of all known relatives of the 577 parent or prospective parent, inquiries of all offices of 578 program areas of the department likely to have information about 579 the parent or prospective parent, inquiries of other state and 580 federal agencies likely to have information about the parent or 581 prospective parent, inquiries of appropriate utility and postal 582 providers, a thorough search of at least one electronic database 583 specifically designed for locating persons, a search of the 584 Florida Putative Father Registry, and inquiries of appropriate 585 law enforcement agencies. Pursuant to s. 453 of the Social 586 Security Act, 42 U.S.C. s. 653(c)(4), the department, as the 587 state agency administering Titles IV-B and IV-E of the act, 588 shall be provided access to the federal and state parent locator 589 service for diligent search activities. 590 (8)(7)Any agency contacted by petitioner with a request 591 for information pursuant to subsection (7)(6)shall release the 592 requested information to the petitioner without the necessity of 593 a subpoena or court order. 594 (9)(8)If the inquiry and diligent search identifies a 595 prospective parent, that person must be given the opportunity to 596 become a party to the proceedings by completing a sworn 597 affidavit of parenthood and filing it with the court or the 598 department. A prospective parent who files a sworn affidavit of 599 parenthood while the child is a dependent child but no later 600 than at the time of or before the adjudicatory hearing in the 601 termination of parental rights proceeding for the child shall be 602 considered a parent for all purposes under this section. 603 (10)(9)If the diligent search under subsection (5) fails 604 to identify and locate a prospective parent, the court shall so 605 find and may proceed without further notice. 606 Section 8. Paragraph (b) of subsection (2) of section 607 409.1662, Florida Statutes, is amended to read: 608 409.1662 Children within the child welfare system; adoption 609 incentive program.— 610 (2) ADMINISTRATION OF THE PROGRAM.— 611 (b) Using the information from the baseline assessment, the 612 department shall annually negotiate outcome-based agreements 613 with lead agencies and their subcontracted providers. The 614 agreements must establish measurable outcome targets to increase 615 the number of adoptions resulting in permanent placements that 616 enhance children’s well-being. The agreements mustwilldefine 617 the method for measuring performance and for determining the 618 level of performance required to earn the incentive payment, and 619 the amount of the incentive payment which may be earned for each 620 target. The agreements must ensure that any placement for 621 adoption by an adoption entity pursuant to s. 63.082(6) is 622 credited to the lead agency and its subcontractor as if the lead 623 agency or its subcontractor had made the placement. 624 Section 9. This act shall take effect October 1, 2018.