Florida 2024 Regular Session Status: In Committee 1 R cosponsors

SB 306 — Placement of Surrendered Newborn Infants

Last action — Died in Fiscal Policy

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Placement of Surrendered Newborn Infants; Defining the term “community-based care lead agency”; requiring community-based care lead agencies to establish and maintain a specified registry; prohibiting the community-based care lead agency from transferring certain costs to prospective adoptive parents; requiring licensed child-placing agencies that take custody of surrendered newborn infants to report certain information; providing requirements for the hospital once it takes physical custody of a surrendered newborn infant, etc.

Bill Text

What changed in the latest version

248 added · 207 removed

248 line(s) added, 207 removed.

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Latest
Florida Senate - 2024 SB 306 By Senator Harrell 31-00293-24 2024306__ A bill to be entitled An act relating to placement of surrendered newborn infants;
Florida Senate - 2024 CS for SB 306 By the Committee on Children, Families, and Elder Affairs;
and Senator Harrell 586-02659-24 2024306c1 A bill to be entitled An act relating to placement of surrendered newborn infants;
63.039, F.S.;
63.0423, F.S.;
requiring that certain information be provided to interested prospective adoptive parents;
conforming provisions to changes made by the act;
requiring the registry to maintain a list of licensed child-placing agencies;
amending s.
requiring licensed child- placing agencies that take custody of surrendered newborn infants to report certain information;
63.0423, F.S.;
requiring licensed child-placing agencies to place a surrendered infant with certain prospective adoptive parents;
revising the entity responsible for surrendered infants from licensed child-placing agencies to community-based care lead agencies;
requiring community-based care lead agencies to seek an order for emergency custody of a surrendered infant;
requiring community-based care lead agencies to place a surrendered infant with certain prospective adoptive parents;
providing requirements for the hospital once they take physical custody of a surrendered newborn infant;
providing requirements for the hospital once it takes physical custody of a surrendered newborn infant;
amending s.
63.062, F.S.;
conforming a cross- reference;
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Florida Senate - 2024 SB 306 31-00293-24 2024306__ Be It Enacted by the Legislature of the State of Florida:
Florida Senate - 2024 CS for SB 306 586-02659-24 2024306c1 Be It Enacted by the Legislature of the State of Florida:
Present subsections (3), (4), and (5) of section 63.039, Florida Statutes, are redesignated as subsections (4), (5), and (6), respectively, a new subsection (3) is added to that section, and paragraph (b) of present subsection (5) of that section is amended, to read:
Present subsections (1) through (10) of section 63.0423, Florida Statutes, are redesignated as subsections (2) through (11), respectively, a new subsection (1) is added to that section, and present subsections (2), (4), and (6) of that section are amended, to read:
63.039 Duties Duty of adoption entity;
63.0423 Procedures with respect to surrendered newborn infants;
to prospective adoptive parents of infants registries;
prospective adoptive parents of surrendered newborn infant registry.— (1)(a) Each community-based care lead agency shall establish and maintain a registry of prospective adoptive parents of surrendered newborn infants with the name, address, telephone number, and e-mail address of the prospective adoptive parent who has received a favorable preliminary home study under s.
sanctions.— (3)(a) Each community-based care lead agency shall establish and maintain a registry of prospective adoptive parents of infants with the names, addresses, telephone numbers, and e-mail addresses of prospective adoptive parents who have received a favorable preliminary home study under s.
63.092 and has indicated the desire to be a prospective adoptive parent of a surrendered newborn infant under s.
63.092 and have indicated the desire to be a prospective adoptive parent of a newborn infant surrendered under s.
The community- based care lead agency must remove the information of a prospective adoptive parent from the registry when the favorable preliminary home study for such prospective adoptive parent is no longer valid as provided in s.
The registry must also include any known licensed child-placing agency representing the prospective adoptive parent.
63.092(3) or the prospective adoptive parent asks to be removed from the registry.
The community-based care lead agency must remove the information of a prospective adoptive parent from the registry when the Page 2 of 9 CODING:
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Florida Senate - 2024 SB 306 31-00293-24 2024306__ (b) The community-based care lead agency may not transfer the cost of establishing and maintaining the registry created pursuant to this subsection to a prospective adoptive parent through the cost of the home study or the cost of adoption of a newborn infant under this section.
Florida Senate - 2024 CS for SB 306 586-02659-24 2024306c1 favorable preliminary home study for such prospective adoptive parent is no longer valid as provided in s.
(6)(5) Within 30 days after the entry of an order of the court finding sanctionable conduct on the part of an adoption entity, the clerk of the court must forward to:
63.092(3) or the prospective adoptive parent asks to be removed from the registry.
(b) The Department of Children and Families any order that imposes sanctions under this section against a community-based care lead licensed child-placing agency or a community-based care lead child-placing agency licensed in another state which that is qualified by the department.
(b) If requested, the community-based care lead agency must provide the following to interested prospective adoptive parents of surrendered newborn infants:
Section 3.
1.
Subsections (1) through (4) and (10) of section 63.0423, Florida Statutes, are amended to read:
Information and education on the private adoption process;
63.0423 Procedures with respect to surrendered infants.— (1) Upon entry of final judgment terminating parental rights, a community-based care lead licensed child-placing agency that takes physical custody of an infant surrendered at a hospital, emergency medical services station, or fire station pursuant to s.
and 2.
383.50 assumes responsibility for the medical and other costs associated with the emergency services and care of the surrendered infant from the time the community-based care lead licensed child-placing agency takes physical custody of the surrendered infant.
Referrals to local licensed child-placing agencies that perform surrendered newborn infant adoptions.
(2) Upon taking physical custody of a newborn infant surrendered pursuant to s.
(c) The community-based care lead agency may not transfer the cost of establishing and maintaining the registry created pursuant to this subsection to a prospective adoptive parent.
383.50, the community-based care lead licensed child-placing agency shall immediately seek an order from the circuit court for emergency custody of the surrendered Page 3 of 7 CODING:
(d) The community-based care lead agency registry must maintain a rotating list of licensed child-placing agencies that are willing to take physical custody of surrendered newborn infants and perform all duties required under this section.
(e) Licensed child-placing agencies that are named by the community-based care lead agency and take custody of surrendered newborn infants under this section must report the following to the community-based care lead agency within 30 days of the final adoption order:
1.
The length of time between taking physical custody of the surrendered newborn infant and the issuance of a final adoption order.
2.
Whether the named prospective adoptive parent from the registry adopted the surrendered newborn infant.
3.
The affidavit of and the order approving expenses and Page 3 of 9 CODING:
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Florida Senate - 2024 SB 306 31-00293-24 2024306__ infant.
Florida Senate - 2024 CS for SB 306 586-02659-24 2024306c1 receipts under s.
63.132.
(3)(2) Upon taking physical custody of a newborn infant surrendered pursuant to s.
383.50, the licensed child-placing agency named by the community-based care lead agency shall immediately seek an order from the circuit court for emergency custody of the surrendered infant.
The guardianship of the prospective adoptive parent is parents shall remain subject to the right of the community-based care lead licensed child-placing agency to remove the surrendered infant from the placement during the pendency of the proceedings if such removal is deemed by the community-based care lead licensed child-placing agency to be in the best interests of the child.
The guardianship of the prospective adoptive parent is parents shall remain subject to the right of the licensed child-placing agency to remove the surrendered infant from the placement during the pendency of the proceedings if such removal is deemed by the licensed child-placing agency to be in the best interests of the child.
The community-based care lead licensed child-placing agency shall may immediately seek to place the surrendered infant in a prospective adoptive home with a prospective adoptive parent from the registry maintained by the community-based care lead agency under s.
The licensed child-placing agency shall may immediately seek to place the surrendered infant in a prospective adoptive home with the next prospective adoptive parent on the registry of prospective adoptive parents of surrendered newborn infants maintained by the community-based care lead agency under this section.
63.039.
(3) The community-based care lead licensed child-placing agency that takes physical custody of the surrendered infant shall, within 24 hours thereafter, request assistance from law enforcement officials to investigate and determine, through the Missing Children Information Clearinghouse, the National Center for Missing and Exploited Children, and any other national and state resources, whether the surrendered infant is a missing Page 4 of 7 CODING:
(5)(4) The parent who surrenders the infant in accordance Page 4 of 9 CODING:
Florida Senate - 2024 SB 306 31-00293-24 2024306__ child.
Florida Senate - 2024 CS for SB 306 586-02659-24 2024306c1 with s.
(4) The parent who surrenders the infant in accordance with s.
Except when there is actual or suspected child abuse or neglect, the community-based care lead licensed child-placing agency may shall not attempt to pursue, search for, or notify that parent as provided in s.
Except when there is actual or suspected child abuse or neglect, the community-based care lead agency or licensed child-placing agency may shall not attempt to pursue, search for, or notify that parent as provided in s.
383.50 and this section, an infant who tests positive for illegal drugs, narcotic prescription drugs, alcohol, or other substances, but shows no other signs of child abuse or neglect, must shall be placed in the custody of a community-based care lead licensed child-placing agency.
383.50 and this section, an infant who tests positive for illegal drugs, narcotic prescription drugs, alcohol, or other substances, but shows no other signs of child abuse or neglect, must shall be placed in the custody of a licensed child-placing agency named by the community-based care lead agency.
383.50, the department shall provide instruction to contact a community-based care lead licensed child-placing agency and may not take custody of the infant unless reasonable efforts to contact a community-based care lead licensed child-placing agency to accept the infant have not been successful.
383.50, the department shall provide instruction to contact a community-based care lead licensed child-placing agency and may not take custody of the infant unless reasonable efforts to contact a licensed child-placing agency named by the community- based care lead agency to accept the infant have not been successful.
(10) Except to the extent expressly provided in this section, proceedings initiated by a community-based care lead licensed child-placing agency for the termination of parental rights and subsequent adoption of a newborn left at a hospital, emergency medical services station, or fire station in accordance with s.
(7)(6) A claim of parental rights of the surrendered infant must be made to the entity having legal custody of the surrendered infant or to the circuit court before which proceedings involving the surrendered infant are pending.
383.50 must shall be conducted pursuant to this chapter.
A claim of parental rights of the surrendered infant may not be made after the judgment to terminate parental rights is entered, except as otherwise provided by subsection (10)(9).
Section 4.
Section 3.
Subsections (1) and (7) of section 383.50, Page 5 of 7 CODING:
Subsections (1) and (7) of section 383.50, Florida Statutes, are amended to read:
Page 5 of 9 CODING:
Florida Senate - 2024 SB 306 31-00293-24 2024306__ Florida Statutes, are amended to read:
Florida Senate - 2024 CS for SB 306 586-02659-24 2024306c1 383.50 Treatment of surrendered newborn infant.— (1) As used in this section, the term:
383.50 Treatment of surrendered newborn infant.— (1) As used in this section, the term:
(7) Upon admitting a newborn infant under this section, the hospital shall immediately contact the a local community-based care lead licensed child-placing agency or alternatively contact the statewide central abuse hotline for the name of a licensed child-placing agency for purposes of transferring physical custody of the newborn infant.
(7) Upon admitting a newborn infant under this section, the hospital shall immediately contact the a local community-based care lead licensed child-placing agency or alternatively contact the statewide central abuse hotline for the community-based care lead agency contact information.
The hospital shall notify the community-based care lead licensed child-placing agency that a newborn infant has been left with the hospital and approximately when the community-based care lead licensed child-placing agency can take physical custody of the child.
name of a licensed child- placing agency For purposes of transferring physical custody of the newborn infant,.
the hospital shall notify the community- based care lead licensed child-placing agency that a newborn infant has been left with the hospital and approximately when the licensed child-placing agency named by the community-based care lead agency from the registry can take physical custody of the child.
Section 5.
Section 4.
required reports of death;
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reports involving a child who has Page 6 of 7 CODING:
Florida Senate - 2024 SB 306 31-00293-24 2024306__ exhibited inappropriate sexual behavior.— (3) ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS.— (e) Surrendered newborn infants.— 1.
Florida Senate - 2024 CS for SB 306 586-02659-24 2024306c1 required reports of death;
reports involving a child who has exhibited inappropriate sexual behavior.— (3) ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS.— (e) Surrendered newborn infants.— 1.
If the report involving a surrendered newborn infant does not include indications of child abuse, abandonment, or neglect other than that necessarily entailed in the infant having been left at a hospital, emergency medical services station, or fire station, the central abuse hotline must provide to the person making the report the name of a local community- based care lead an eligible licensed child-placing agency that is required to accept physical custody of and to place surrendered newborn infants.
If the report involving a surrendered newborn infant does not include indications of child abuse, abandonment, or neglect other than that necessarily entailed in the infant having been left at a hospital, emergency medical services station, or fire station, the central abuse hotline must provide to the person making the report the name of a local community- based care lead an eligible licensed child-placing agency that is required to choose a licensed child-placing agency from the registry to accept physical custody of and to place surrendered newborn infants.
The department shall provide names of eligible community-based care lead licensed child-placing agencies on a rotating basis.
The department shall provide names of eligible licensed child-placing agencies on a rotating basis.
Section 5.
Paragraph (b) of subsection (1) of section Page 7 of 9 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 306 586-02659-24 2024306c1 63.062, Florida Statutes, is amended to read:
63.062 Persons required to consent to adoption;
affidavit of nonpaternity;
waiver of venue.— (1) Unless supported by one or more of the grounds enumerated under s.
63.089(3), a petition to terminate parental rights pending adoption may be granted only if written consent has been executed as provided in s.
63.082 after the birth of the minor or notice has been served under s.
63.088 to:
(b) The father of the minor, if:
1.
The minor was conceived or born while the father was married to the mother;
2.
The minor is his child by adoption;
3.
The minor has been adjudicated by the court to be his child before the date a petition for termination of parental rights is filed;
4.
He has filed an affidavit of paternity pursuant to s.
382.013(2)(c) or he is listed on the child’s birth certificate before the date a petition for termination of parental rights is filed;
or 5.
In the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required timeframes, and has complied with the requirements of subsection (2).
The status of the father shall be determined at the time of the filing of the petition to terminate parental rights and may not be modified, except as otherwise provided in s.
63.0423(10)(a) Page 8 of 9 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 306 586-02659-24 2024306c1 s.
63.0423(9)(a), for purposes of his obligations and rights under this chapter by acts occurring after the filing of the petition to terminate parental rights.
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Action History

  1. Died in Fiscal Policy

  2. CS by Children, Families, and Elder Affairs read 1st time

  3. Now in Fiscal Policy

  4. Remaining references corrected to Fiscal Policy

  5. Original reference(s) removed: Judiciary

  6. On Committee agenda-- Judiciary, 02/05/24, 2:30 pm, 110 Senate Building --Not Received

  7. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  8. CS by Children, Families, and Elder Affairs; YEAS 7 NAYS 0

  9. On Committee agenda-- Children, Families, and Elder Affairs, 01/30/24, 1:00 pm, 37 Senate Building

  10. Introduced

  11. On Committee agenda-- Children, Families, and Elder Affairs, 12/13/23, 11:00 am, 37 Senate Building --Temporarily Postponed

  12. Referred to Children, Families, and Elder Affairs; Judiciary; Fiscal Policy

  13. Filed

Sponsors

  • Children, Families, and Elder Affairs · Primary
  • Gayle Harrell · Primary

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 162 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (162)

162 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does SB 306 do?
Placement of Surrendered Newborn Infants; Defining the term “community-based care lead agency”; requiring community-based care lead agencies to establish and maintain a specified registry; prohibiting the community-based care lead agency from transferring certain costs to prospective adoptive parents; requiring licensed child-placing agencies that take custody of surrendered newborn infants to report certain information; providing requirements for the hospital once it takes physical custody of a surrendered newborn infant, etc.
Who sponsors SB 306?
SB 306 is sponsored by Children, Families, and Elder Affairs and Harrell, Gayle (Republican).
What is the current status of SB 306?
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 306?
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