Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 774
       
       
       
       
       
       
                                Ì2347829Î234782                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Children, Families, and Elder Affairs (Bean)
       recommended the following:
       
    1         Senate Amendment to Amendment (820270) (with title
    2  amendment)
    3         Between lines 572 and 573
    4  insert:
    5         Section 8. Subsection (3) of section 63.092, Florida
    6  Statutes, is amended to read:
    7         63.092 Report to the court of intended placement by an
    8  adoption entity; at-risk placement; preliminary study.—
    9         (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
   10  intended adoptive home, a preliminary home study must be
   11  performed by a licensed child-placing agency, a child-caring
   12  agency registered under s. 409.176, a licensed professional, or
   13  an agency described in s. 61.20(2), unless the adoptee is an
   14  adult or the petitioner is a stepparent or a relative. If the
   15  adoptee is an adult or the petitioner is a stepparent or a
   16  relative, a preliminary home study may be required by the court
   17  for good cause shown. The department is required to perform the
   18  preliminary home study only if there is no licensed child
   19  placing agency, child-caring agency registered under s. 409.176,
   20  licensed professional, or agency described in s. 61.20(2), in
   21  the county where the prospective adoptive parents reside. The
   22  preliminary home study must be made to determine the suitability
   23  of the intended adoptive parents and may be completed prior to
   24  identification of a prospective adoptive minor. A favorable
   25  preliminary home study is valid for 1 year after the date of its
   26  completion. Upon its completion, a signed copy of the home study
   27  must be provided to the intended adoptive parents who were the
   28  subject of the home study. A minor may not be placed in an
   29  intended adoptive home before a favorable preliminary home study
   30  is completed unless the adoptive home is also a licensed foster
   31  home under s. 409.175. The preliminary home study must include,
   32  at a minimum:
   33         (a) An interview with the intended adoptive parents;
   34         (b) Records checks of the department’s central abuse
   35  registry, which the department shall provide to the entity
   36  conducting the preliminary home study, and criminal records
   37  correspondence checks under s. 39.0138 through the Department of
   38  Law Enforcement on the intended adoptive parents;
   39         (c) An assessment of the physical environment of the home;
   40         (d) A determination of the financial security of the
   41  intended adoptive parents;
   42         (e) Documentation of counseling and education of the
   43  intended adoptive parents on adoptive parenting as determined by
   44  the entity conducting the preliminary home study. The department
   45  shall not require training as specified in s. 409.175(14)for
   46  cases involving children placed for adoption that are not in the
   47  custody or control of the department;
   48         (f) Documentation that information on adoption and the
   49  adoption process has been provided to the intended adoptive
   50  parents;
   51         (g) Documentation that information on support services
   52  available in the community has been provided to the intended
   53  adoptive parents; and
   54         (h) A copy of each signed acknowledgment of receipt of
   55  disclosure required by s. 63.085.
   56         If the preliminary home study is favorable, a minor may be
   57  placed in the home pending entry of the judgment of adoption. A
   58  minor may not be placed in the home if the preliminary home
   59  study is unfavorable. If the preliminary home study is
   60  unfavorable, the adoption entity may, within 20 days after
   61  receipt of a copy of the written recommendation, petition the
   62  court to determine the suitability of the intended adoptive
   63  home. A determination as to suitability under this subsection
   64  does not act as a presumption of suitability at the final
   65  hearing. In determining the suitability of the intended adoptive
   66  home, the court must consider the totality of the circumstances
   67  in the home. A minor may not be placed in a home in which there
   68  resides any person determined by the court to be a sexual
   69  predator as defined in s. 775.21 or to have been convicted of an
   70  offense listed in s. 63.089(4)(b)2.
   71  
   72  
   73  ================= T I T L E  A M E N D M E N T ================
   74  And the title is amended as follows:
   75         Delete line 609
   76  and insert:
   77         conforming cross-references; amending s. 63.092, F.S.;
   78         requiring the Department of Children and Families to
   79         release specified records to entities conducting
   80         preliminary home studies; providing the department of
   81         Children and Families shall not require specified
   82         training for certain home studies; providing an
   83         effective.