Bill Text: FL S0590 | 2016 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Adoption

Spectrum: Bipartisan Bill

Status: (Passed) 2016-03-23 - Chapter No. 2016-71 [S0590 Detail]

Download: Florida-2016-S0590-Comm_Sub.html

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       Florida Senate - 2016                       CS for CS for SB 590
       
       
        
       By the Committees on Judiciary; and Children, Families, and
       Elder Affairs; and Senators Detert and Gaetz
       
       590-02068-16                                           2016590c2
    1                        A bill to be entitled                      
    2         An act relating to adoption; amending s. 63.082, F.S.;
    3         revising the circumstances under which an adoption
    4         consent is valid, binding, and enforceable; requiring
    5         a court to determine, under certain circumstances,
    6         whether a change of placement of a child is in the
    7         child’s best interests, rather than whether the change
    8         of placement is appropriate; deleting a determination
    9         that a court must consider under certain
   10         circumstances; authorizing the court to establish
   11         certain requirements for the transfer of custody;
   12         revising circumstances under which a court must
   13         provide written notice to a parent of specified
   14         information; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (6) of section 63.082, Florida
   19  Statutes, is amended to read:
   20         63.082 Execution of consent to adoption or affidavit of
   21  nonpaternity; family social and medical history; revocation of
   22  consent.—
   23         (6)(a) If a parent executes a consent for placement of a
   24  minor with an adoption entity or qualified prospective adoptive
   25  parents and the minor child is under the supervision in the
   26  custody of the department, or otherwise subject to the
   27  jurisdiction of the dependency court as a result of the entry of
   28  a shelter order petition, a dependency petition, or a petition
   29  for termination of parental rights pursuant to chapter 39, but
   30  parental rights have not yet been terminated, the adoption
   31  consent is valid, binding, and enforceable by the court.
   32         (b) Upon execution of the consent of the parent, the
   33  adoption entity shall be permitted to intervene in the
   34  dependency case as a party in interest and must provide the
   35  court that acquired jurisdiction over the minor, pursuant to the
   36  shelter or dependency petition filed by the department, a copy
   37  of the preliminary home study of the prospective adoptive
   38  parents and any other evidence of the suitability of the
   39  placement. The preliminary home study must be maintained with
   40  strictest confidentiality within the dependency court file and
   41  the department’s file. A preliminary home study must be provided
   42  to the court in all cases in which an adoption entity has
   43  intervened pursuant to this section. Unless the court has
   44  concerns regarding the qualifications of the home study
   45  provider, or concerns that the home study may not be adequate to
   46  determine the best interests of the child, the home study
   47  provided by the adoption entity shall be deemed to be sufficient
   48  and no additional home study needs to be performed by the
   49  department.
   50         (c) If an adoption entity files a motion to intervene in
   51  the dependency case in accordance with this chapter, the
   52  dependency court shall promptly grant a hearing to determine
   53  whether the adoption entity has filed the required documents to
   54  be permitted to intervene and whether a change of placement of
   55  the child is in the best interests of the child appropriate.
   56  Absent good cause or mutual agreement of the parties, the final
   57  hearing on the motion to intervene and the change of placement
   58  of the child must be held within 30 days after the filing of the
   59  motion and a written final order shall be filed within 15 days
   60  after the hearing.
   61         (d) If after consideration of all relevant factors,
   62  including those set forth in paragraph (e), the court determines
   63  Upon a determination by the court that the prospective adoptive
   64  parents are properly qualified to adopt the minor child and that
   65  the adoption is appears to be in the best interests of the minor
   66  child, the court shall promptly immediately order the transfer
   67  of custody of the minor child to the prospective adoptive
   68  parents, under the supervision of the adoption entity. The court
   69  may establish reasonable requirements for the transfer of
   70  custody in the transfer order, including a reasonable period of
   71  time to transition final custody to the prospective adoptive
   72  parents. The adoption entity shall thereafter provide monthly
   73  supervision reports to the department until finalization of the
   74  adoption. If the child has been determined to be dependent by
   75  the court, the department shall provide information to the
   76  prospective adoptive parents at the time they receive placement
   77  of the dependent child regarding approved parent training
   78  classes available within the community. The department shall
   79  file with the court an acknowledgment of the parent’s receipt of
   80  the information regarding approved parent training classes
   81  available within the community.
   82         (e) In determining whether the best interests of the child
   83  are served by transferring the custody of the minor child to the
   84  prospective adoptive parent selected by the parent or adoption
   85  entity, the court shall consider all relevant factors,
   86  including, but not limited to, the rights of the parent based on
   87  the well-being of to determine an appropriate placement for the
   88  child, the permanency offered, the established bonded
   89  relationship of the child and the current caregiver in child’s
   90  bonding with any potential adoptive home in which that the child
   91  has been residing in, the stability of the home in which the
   92  child has been residing as well as the desirability of
   93  maintaining continuity of placement, and the importance of
   94  maintaining sibling relationships, if possible, the reasonable
   95  preferences and wishes of the child, if the court deems the
   96  child to be of sufficient maturity, understanding, and
   97  experience to express a preference, whether a petition for
   98  termination of parental rights has been filed pursuant to s.
   99  39.806(1)(f), (g), or (h), and what is best for the child.
  100         (f) The adoption entity shall be responsible for keeping
  101  the dependency court informed of the status of the adoption
  102  proceedings at least every 90 days from the date of the order
  103  changing placement of the child until the date of finalization
  104  of the adoption.
  105         (g) At the arraignment hearing held pursuant to s. 39.506,
  106  in the order that approves the case plan pursuant to s. 39.603,
  107  and in the order that changes the permanency goal to adoption
  108  pursuant to s. 39.621 In all dependency proceedings, after it is
  109  determined that reunification is not a viable alternative and
  110  prior to the filing of a petition for termination of parental
  111  rights, the court shall provide written notice to advise the
  112  biological parent who is a party to the case of his or her the
  113  right to participate in a private adoption plan including
  114  written notice of the factors provided in paragraph (e).
  115         Section 2. This act shall take effect July 1, 2016.