Bill Text: FL S0590 | 2016 | Regular Session | Engrossed

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-Engrossed.html

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       CS for CS for CS for SB 590                First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2016590e1
       
    1                        A bill to be entitled                      
    2         An act relating to adoption; amending s. 39.01, F.S.;
    3         redefining the terms “abandoned” or “abandonment” and
    4         “parent”; amending s. 63.082, F.S.; revising the
    5         circumstances under which an adoption consent is
    6         valid, binding, and enforceable; requiring a court to
    7         determine, under certain circumstances, whether a
    8         change of placement of a child is in the child’s best
    9         interests, rather than whether the change of placement
   10         is appropriate; deleting a determination that a court
   11         must consider under certain circumstances; authorizing
   12         the court to establish certain requirements for the
   13         transfer of custody; providing factors that the court
   14         shall consider and weigh under certain circumstances;
   15         revising circumstances under which a court must
   16         provide written notice to a parent of specified
   17         information; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsections (1) and (49) of section 39.01,
   22  Florida Statutes, are amended to read:
   23         39.01 Definitions.—When used in this chapter, unless the
   24  context otherwise requires:
   25         (1) “Abandoned” or “abandonment” means a situation in which
   26  the parent or legal custodian of a child or, in the absence of a
   27  parent or legal custodian, the caregiver, while being able, has
   28  made no significant contribution to the child’s care and
   29  maintenance or has failed to establish or maintain a substantial
   30  and positive relationship with the child, or both. For purposes
   31  of this subsection, “establish or maintain a substantial and
   32  positive relationship” includes, but is not limited to, frequent
   33  and regular contact with the child through frequent and regular
   34  visitation or frequent and regular communication to or with the
   35  child, and the exercise of parental rights and responsibilities.
   36  Marginal efforts and incidental or token visits or
   37  communications are not sufficient to establish or maintain a
   38  substantial and positive relationship with a child. A man’s
   39  acknowledgement of paternity of the child does not limit the
   40  period of time considered in determining whether the child was
   41  abandoned. The term does not include a surrendered newborn
   42  infant as described in s. 383.50, a “child in need of services”
   43  as defined in chapter 984, or a “family in need of services” as
   44  defined in chapter 984. The incarceration, repeated
   45  incarceration, or extended incarceration of a parent, legal
   46  custodian, or caregiver responsible for a child’s welfare may
   47  support a finding of abandonment.
   48         (49) “Parent” means a woman who gives birth to a child and
   49  a man whose consent to the adoption of the child would be
   50  required under s. 63.062(1). If a child has been legally
   51  adopted, the term “parent” means the adoptive mother or father
   52  of the child. The term does not include an individual whose
   53  parental relationship to the child has been legally terminated,
   54  or an alleged or prospective parent, unless the parental status
   55  falls within the terms of s. 39.503(1) or s. 63.062(1). For
   56  purposes of this chapter only, when the phrase “parent or legal
   57  custodian” is used, it refers to rights or responsibilities of
   58  the parent and, only if there is no living parent with intact
   59  parental rights, to the rights or responsibilities of the legal
   60  custodian who has assumed the role of the parent. The term does
   61  not include an individual whose parental relationship to the
   62  child has been legally terminated, or an alleged or prospective
   63  parent, unless:
   64         (a) The parental status falls within the terms of s.
   65  39.503(1) or s. 63.062(1); or
   66         (b) Parental status is applied for the purpose of
   67  determining whether the child has been abandoned.
   68         Section 2. Subsection (6) of section 63.082, Florida
   69  Statutes, is amended to read:
   70         63.082 Execution of consent to adoption or affidavit of
   71  nonpaternity; family social and medical history; revocation of
   72  consent.—
   73         (6)(a) If a parent executes a consent for adoption
   74  placement of a minor with an adoption entity or qualified
   75  prospective adoptive parents and the minor child is under the
   76  supervision in the custody of the department, or otherwise
   77  subject to the jurisdiction of the dependency court as a result
   78  of the entry of a shelter order, a dependency petition, or a
   79  petition for termination of parental rights pursuant to chapter
   80  39, but parental rights have not yet been terminated, the
   81  adoption consent is valid, binding, and enforceable by the
   82  court.
   83         (b) Upon execution of the consent of the parent, the
   84  adoption entity shall be permitted to intervene in the
   85  dependency case as a party in interest and must provide the
   86  court that acquired jurisdiction over the minor, pursuant to the
   87  shelter order or dependency petition filed by the department, a
   88  copy of the preliminary home study of the prospective adoptive
   89  parents and any other evidence of the suitability of the
   90  placement. The preliminary home study must be maintained with
   91  strictest confidentiality within the dependency court file and
   92  the department’s file. A preliminary home study must be provided
   93  to the court in all cases in which an adoption entity has
   94  intervened pursuant to this section. Unless the court has
   95  concerns regarding the qualifications of the home study
   96  provider, or concerns that the home study may not be adequate to
   97  determine the best interests of the child, the home study
   98  provided by the adoption entity shall be deemed to be sufficient
   99  and no additional home study needs to be performed by the
  100  department.
  101         (c) If an adoption entity files a motion to intervene in
  102  the dependency case in accordance with this chapter, the
  103  dependency court shall promptly grant a hearing to determine
  104  whether the adoption entity has filed the required documents to
  105  be permitted to intervene and whether a change of placement of
  106  the child is in the best interests of the child appropriate.
  107  Absent good cause or mutual agreement of the parties, the final
  108  hearing on the motion to intervene and the change of placement
  109  of the child must be held within 30 days after the filing of the
  110  motion and a written final order shall be filed within 15 days
  111  after the hearing.
  112         (d) If after consideration of all relevant factors,
  113  including those set forth in paragraph (e), the court determines
  114  Upon a determination by the court that the prospective adoptive
  115  parents are properly qualified to adopt the minor child and that
  116  the adoption is appears to be in the best interests of the minor
  117  child, the court shall promptly immediately order the transfer
  118  of custody of the minor child to the prospective adoptive
  119  parents, under the supervision of the adoption entity. The court
  120  may establish reasonable requirements for the transfer of
  121  custody in the transfer order, including a reasonable period of
  122  time to transition final custody to the prospective adoptive
  123  parents. The adoption entity shall thereafter provide monthly
  124  supervision reports to the department until finalization of the
  125  adoption. If the child has been determined to be dependent by
  126  the court, the department shall provide information to the
  127  prospective adoptive parents at the time they receive placement
  128  of the dependent child regarding approved parent training
  129  classes available within the community. The department shall
  130  file with the court an acknowledgment of the parent’s receipt of
  131  the information regarding approved parent training classes
  132  available within the community.
  133         (e) In determining whether the best interests of the child
  134  are served by transferring the custody of the minor child to the
  135  prospective adoptive parent selected by the parent or adoption
  136  entity, the court shall consider and weigh all relevant factors,
  137  including, but not limited to: the rights of the parent to
  138  determine an appropriate placement for the child,
  139         1. The permanency offered;,
  140         2. The established bonded relationship between the child
  141  and the current caregiver in child’s bonding with any potential
  142  adoptive home in which that the child has been residing; in,
  143         3. The stability of the potential adoptive home in which
  144  the child has been residing as well as the desirability of
  145  maintaining continuity of placement; and
  146         4. The importance of maintaining sibling relationships, if
  147  possible;
  148         5. The reasonable preferences and wishes of the child, if
  149  the court deems the child to be of sufficient maturity,
  150  understanding, and experience to express a preference;
  151         6. Whether a petition for termination of parental rights
  152  has been filed pursuant to s. 39.806(1)(f), (g), or (h);
  153         7. What is best for the child; and
  154         8. The right of the parent to determine an appropriate
  155  placement for the child.
  156         (f) The adoption entity shall be responsible for keeping
  157  the dependency court informed of the status of the adoption
  158  proceedings at least every 90 days from the date of the order
  159  changing placement of the child until the date of finalization
  160  of the adoption.
  161         (g) At the arraignment hearing held pursuant to s. 39.506,
  162  in the order that approves the case plan pursuant to s. 39.603,
  163  and in the order that changes the permanency goal to adoption
  164  pursuant to s. 39.621 In all dependency proceedings, after it is
  165  determined that reunification is not a viable alternative and
  166  prior to the filing of a petition for termination of parental
  167  rights, the court shall provide written notice to advise the
  168  biological parent who is a party to the case of his or her the
  169  right to participate in a private adoption plan including
  170  written notice of the factors provided in paragraph (e).
  171         Section 3. This act shall take effect July 1, 2016.