Bill Text: FL S1652 | 2011 | Regular Session | Introduced

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Bill Title: Termination of Parental Rights

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1652 Detail]

Download: Florida-2011-S1652-Introduced.html

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       Florida Senate - 2011                (Corrected Copy)    SB 1652
       
       
       
       By Senator Wise
       
       
       
       
       5-01619A-11                                           20111652__
    1                        A bill to be entitled                      
    2         An act relating to termination of parental rights;
    3         amending s. 39.401, F.S.; providing that a person may
    4         not take a child alleged to be dependent into custody
    5         except in cases involving an immediate threat to the
    6         health or safety of the child; requiring a court order
    7         finding probable cause that the child has been abused,
    8         neglected, or abandoned, or is suffering from or is in
    9         imminent danger of illness or injury as a result of
   10         abuse, neglect, or abandonment; amending s. 39.702,
   11         F.S.; requiring that a citizen review panel be
   12         established in each judicial circuit; deleting a
   13         provision that required that the citizen review panel
   14         be authorized through an administrative order by the
   15         chief judge of the judicial circuit; authorizing a
   16         citizen review panel to make recommendations to the
   17         court in adjudicatory hearings; amending s. 39.809,
   18         F.S.; requiring the court to consider the report and
   19         recommended order prepared by the citizen review panel
   20         in a hearing or trial on a petition for termination of
   21         parental rights; prohibiting continuances from being
   22         extended beyond 1 year; providing an exception;
   23         providing that hearings or trials involving
   24         termination of parental rights be open to the public;
   25         providing an exception; requiring that the report and
   26         recommended order of the citizen review panel
   27         accompany the written order of the court in a
   28         termination of parental rights proceeding; providing
   29         an effective date.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Subsection (1) of section 39.401, Florida
   34  Statutes, is amended to read:
   35         39.401 Taking a child alleged to be dependent into custody;
   36  law enforcement officers and authorized agents of the
   37  department.—
   38         (1) Except in cases involving an immediate threat to the
   39  health or safety of a child, a person, including a law
   40  enforcement officer, a duly authorized person, or any other
   41  officer of the court or of the state, may not take a child may
   42  only be taken into custody unless the child is taken into
   43  custody:
   44         (a) Pursuant to the provisions of this part, based upon
   45  sworn testimony, either before or after a petition is filed
   46  resulting in a court order issued after a finding of probable
   47  cause by the court authorizing taking a child into custody; or
   48         (b) By a law enforcement officer, or an authorized agent of
   49  the department, if the officer or authorized agent has probable
   50  cause resulting in a court order issued supporting to support a
   51  finding:
   52         1. That the child has been abused, neglected, or abandoned,
   53  or is suffering from or is in imminent danger of illness or
   54  injury as a result of abuse, neglect, or abandonment;
   55         2. That the parent or legal custodian of the child has
   56  materially violated a condition of placement imposed by the
   57  court; or
   58         3. That the child has no parent, legal custodian, or
   59  responsible adult relative immediately known and available to
   60  provide supervision and care.
   61         Section 2. Subsection (1) of section 39.702, Florida
   62  Statutes, is amended to read:
   63         39.702 Citizen review panels.—
   64         (1) Citizen review panels shall may be established in each
   65  judicial circuit and shall be authorized by an administrative
   66  order executed by the chief judge of each circuit. The court
   67  shall administer an oath of office to each citizen review panel
   68  member which shall authorize the panel member to participate in
   69  citizen review panels and make recommendations to the court
   70  pursuant to the provisions of this section.
   71         Section 3. Section 39.809, Florida Statutes, is amended to
   72  read:
   73         39.809 Adjudicatory hearing or trial.—
   74         (1) In a hearing or trial on a petition for termination of
   75  parental rights, the court shall consider, assisted by a report
   76  and a recommended order from the citizen review panel, the
   77  elements required for termination. Each of these elements must
   78  be established by clear and convincing evidence before the
   79  petition is granted.
   80         (2) The adjudicatory hearing must be held within 45 days
   81  after the advisory hearing, but reasonable continuances for the
   82  purpose of investigation, discovery, or procuring counsel or
   83  witnesses may, when necessary, be granted. Continuances may not
   84  extend beyond 1 year after the advisory hearing unless there are
   85  compelling reasons or extraordinary circumstances,
   86  notwithstanding s. 39.0136.
   87         (3) The adjudicatory hearing or trial must be conducted by
   88  the judge without a jury, unless a demand for a jury is made by
   89  either party, applying the rules of evidence in use in civil
   90  cases and adjourning the case from time to time as necessary.
   91  For purposes of the adjudicatory hearing or trial, in order to
   92  avoid unnecessary duplication of expense, the judge may consider
   93  in-court testimony previously given at any properly noticed
   94  hearing or trial, without regard to the availability or
   95  unavailability of the witness at the time of the actual
   96  adjudicatory hearing or trial, if the recorded testimony itself
   97  is made available to the judge. Consideration of such testimony
   98  does not preclude the witness being subpoenaed to answer
   99  supplemental questions.
  100         (4) All hearings or trials involving termination of
  101  parental rights shall be open are confidential and closed to the
  102  public, except upon the written motion to the court by the
  103  parents or guardian of the child or children who are the subject
  104  of the hearing or trial that it be made confidential and closed.
  105  Hearings or trials involving more than one child may be held
  106  simultaneously when the children involved are related to each
  107  other or were involved in the same case. The child and the
  108  parents may be examined separately and apart from each other.
  109         (5) The judge shall enter a written order with the findings
  110  of fact and conclusions of law. The report and recommended order
  111  from the citizen review panel must accompany the written order.
  112         Section 4. This act shall take effect July 1, 2011.