Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1486
Ì8365445Î836544
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/23/2024 .
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The Committee on Children, Families, and Elder Affairs (Collins)
recommended the following:
1 Senate Substitute for Amendment (951078) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Subsection (88) is added to section 39.01,
7 Florida Statutes, to read:
8 39.01 Definitions.—When used in this chapter, unless the
9 context otherwise requires:
10 (88) “Visitor” means a person who:
11 (a) Provides care or supervision to a child in the home; or
12 (b) Is 12 years of age or older, other than a child in
13 care, and who will be in the child’s home at least:
14 1. Five consecutive days; or
15 2. Seven days or more in 1 month.
16 Section 2. Subsections (1) and (5) of section 39.0138,
17 Florida Statutes, are amended to read:
18 39.0138 Criminal history and other records checks; limit on
19 placement of a child.—
20 (1) The department shall conduct a records check through
21 the Comprehensive State Automated Child Welfare Information
22 System (SACWIS) and a local and statewide criminal history
23 records check on all persons, including parents, being
24 considered by the department for placement of a child under this
25 chapter, including all nonrelative placement decisions, and all
26 members of the household, 12 years of age and older, of the
27 person being considered. For purposes of this section, a
28 criminal history records check may include, but is not limited
29 to, submission of fingerprints to the Department of Law
30 Enforcement for processing and forwarding to the Federal Bureau
31 of Investigation for state and national criminal history
32 information, and local criminal records checks through local law
33 enforcement agencies of all household members 18 years of age
34 and older and other visitors 18 years of age and older to the
35 home. An out-of-state criminal history records check must be
36 initiated for any person 18 years of age or older who resided in
37 another state if that state allows the release of such records.
38 The department must complete the records check within 14
39 business days after receiving a person’s criminal history
40 results, unless additional information is required to complete
41 the processing. The department shall establish by rule standards
42 for evaluating any information contained in the automated system
43 relating to a person who must be screened for purposes of making
44 a placement decision.
45 (5)(a) If a child has been placed pursuant to s. 39.402 and
46 must be placed in out-of-home care in an emergency placement,
47 the department must conduct a name-based check of criminal
48 history records to ascertain if the person with whom placement
49 of the child is being considered and any other adult household
50 members or visitors of the home of such person are disqualified.
51 For the purposes of this subsection, the term “emergency
52 placement” refers to when the department is placing a child in
53 the home of private individuals, including neighbors, friends,
54 or relatives, as a result of a immediate removal pursuant to s.
55 39.402.
56 (b) The department may place a child in the a home if the
57 person with whom placement of the child is being considered and
58 any other adult household members or visitors of the home are
59 not disqualified by the name-based check, but, unless exempt,
60 such persons must submit a full set of fingerprints to the
61 department, to a vendor, an entity, or an agency authorized
62 under s. 943.053(13). Unless exempt, within 7 calendar days
63 after the name-based check, the department, vendor, entity, or
64 agency must submit the fingerprints to the Department of Law
65 Enforcement for state processing. Within 15 calendar days after
66 the name-based check is conducted, the Department of Law
67 Enforcement shall forward the fingerprints to the Federal Bureau
68 of Investigation for national processing that otherwise meets
69 placement requirements if a name check of state and local
70 criminal history records systems does not disqualify the
71 applicant and if the department submits fingerprints to the
72 Department of Law Enforcement for forwarding to the Federal
73 Bureau of Investigation and is awaiting the results of the state
74 and national criminal history records check.
75 (c) The department shall seek a court order to immediately
76 remove the child from the home if the person with whom the child
77 was placed or any other adult household members or visitors of
78 the home fail to provide their fingerprints within 15 calendar
79 days after the name-based check is conducted if such persons are
80 not exempt from a criminal history records check.
81 Section 3. Section 39.5035, Florida Statutes, is created to
82 read:
83 39.5035 Deceased parents; special procedures.—
84 (1)(a)1. If both parents of a child are deceased or the
85 last known living parent of a child is deceased and a legal
86 custodian has not been appointed for the child through a probate
87 or guardianship proceeding, an attorney for the department or
88 any other person who has knowledge of the facts alleged or is
89 informed of the alleged facts, and believes them to be true, may
90 initiate a proceeding by filing a petition for adjudication and
91 permanent commitment.
92 2. If a child has been placed in shelter status by order of
93 the court but has not yet been adjudicated, a petition for
94 adjudication and permanent commitment must be filed within 21
95 days after the shelter hearing. In all other cases, the petition
96 must be filed within a reasonable time after the date the
97 petitioner first becomes aware of the facts supporting the
98 petition for adjudication and permanent commitment.
99 (b) If both parents die or the last known living parent
100 dies after a child has already been adjudicated dependent, an
101 attorney for the department or any other person who has
102 knowledge of the facts alleged or is informed of the alleged
103 facts, and believes them to be true, may file a petition for
104 permanent commitment. The petition must be filed within a
105 reasonable time after the petitioner first becomes aware of the
106 facts that support the petition for permanent commitment.
107 (2) The petition must:
108 (a) Be in writing, identify the alleged deceased parents,
109 and provide facts that establish that both parents of the child
110 are deceased or the last known living parent is deceased and
111 that a legal custodian has not been appointed for the child
112 through a probate or guardianship proceeding.
113 (b) Be signed by the petitioner under oath stating the
114 petitioner’s good faith in filing the petition.
115 (3) When a petition for adjudication and permanent
116 commitment or a petition for permanent commitment has been
117 filed, the clerk of court shall set the case before the court
118 for an adjudicatory hearing. The adjudicatory hearing must be
119 held as soon as practicable after the petition is filed, but no
120 later than 30 days after the filing date.
121 (4) Notice of the date, time, and place of the adjudicatory
122 hearing and a copy of the petition must be served on the
123 following persons:
124 (a) Any person who has physical custody of the child.
125 (b) A living relative of each parent of the child, unless a
126 living relative cannot be found after a diligent search or
127 inquiry.
128 (c) The guardian ad litem for the child or the
129 representative of the guardian ad litem program, if the program
130 has been appointed.
131 (5) The court shall conduct adjudicatory hearings without a
132 jury and apply the rules of evidence in use in civil cases,
133 adjourning the hearings as necessary. The court shall determine
134 whether the petitioner has established by clear and convincing
135 evidence that both parents of the child are deceased, or that
136 the last known living parent is deceased and the other parent
137 cannot be found after a diligent search or inquiry, and that a
138 legal custodian has not been appointed for the child through a
139 probate or guardianship proceeding. A certified copy of the
140 death certificate for each parent is sufficient evidence of the
141 parents’ deaths.
142 (6) Within 30 days after an adjudicatory hearing on a
143 petition for adjudication and permanent commitment:
144 (a) If the court finds that the petitioner has met the
145 clear and convincing standard, the court must enter a written
146 order adjudicating the child dependent and permanently
147 committing the child to the custody of the department for the
148 purpose of adoption. A disposition hearing must be scheduled no
149 later than 30 days after the entry of the order, in which the
150 department must provide a case plan that identifies the
151 permanency goal for the child to the court. Reasonable efforts
152 must be made to place the child in a timely manner in accordance
153 with the permanency plan and to complete all steps necessary to
154 finalize the permanent placement of the child. Thereafter, until
155 the adoption of the child is finalized or the child reaches the
156 age of 18 years, whichever occurs first, the court must hold
157 hearings every 6 months to review the progress being made toward
158 permanency for the child.
159 (b) If the court finds that clear and convincing evidence
160 does not establish that both parents of a child are deceased, or
161 that the last known living parent is deceased and the other
162 parent cannot be found after a diligent search or inquiry, and
163 that a legal custodian has not been appointed for the child
164 through a probate or guardianship proceeding, but that a
165 preponderance of the evidence establishes that the child does
166 not have a parent or legal custodian capable of providing
167 supervision or care, the court must enter a written order
168 adjudicating the child dependent. A disposition hearing must be
169 scheduled no later than 30 days after the entry of the order as
170 provided in s. 39.521.
171 (c) If the court finds that the petitioner has not met the
172 clear and convincing standard and that a preponderance of the
173 evidence does not establish that the child does not have a
174 parent or legal custodian capable of providing supervision or
175 care, the court must enter a written order so finding and
176 dismiss the petition.
177 (7) Within 30 days after an adjudicatory hearing on a
178 petition for permanent commitment:
179 (a) If the court finds that the petitioner has met the
180 clear and convincing standard, the court must enter a written
181 order permanently committing the child to the custody of the
182 department for purposes of adoption. A disposition hearing must
183 be scheduled no later than 30 days after the entry of the order,
184 in which the department must provide an amended case plan that
185 identifies the permanency goal for the child to the court.
186 Reasonable efforts must be made to place the child in a timely
187 manner in accordance with the permanency plan and to complete
188 all steps necessary to finalize the permanent placement of the
189 child. Thereafter, until the adoption of the child is finalized
190 or the child reaches the age of 18 years, whichever occurs
191 first, the court must hold hearings every 6 months to review the
192 progress being made toward permanency for the child.
193 (b) If the court finds that clear and convincing evidence
194 does not establish that both parents of a child are deceased or
195 that the last known living parent is deceased and the other
196 parent cannot be found after a diligent search or inquiry, the
197 court must enter a written order denying the petition. The order
198 has no effect on the child’s prior adjudication. The order does
199 not bar the petitioner from filing a subsequent petition for
200 permanent commitment based on newly discovered evidence that
201 establishes that both parents of a child are deceased, or that
202 the last known living parent is deceased, and that a legal
203 custodian has not been appointed for the child through a probate
204 or guardianship proceeding.
205 Section 4. Paragraph (o) of subsection (2) of section
206 39.521, Florida Statutes, is amended to read:
207 39.521 Disposition hearings; powers of disposition.—
208 (2) The family functioning assessment must provide the
209 court with the following documented information:
210 (o) If the child has been removed from the home and will be
211 remaining with a relative, parent, or other adult approved by
212 the court, a home study report concerning the proposed placement
213 shall be provided to the court. Before recommending to the court
214 any out-of-home placement for a child other than placement in a
215 licensed shelter or foster home, the department shall conduct a
216 study of the home of the proposed legal custodians, which must
217 include, at a minimum:
218 1. An interview with the proposed legal custodians to
219 assess their ongoing commitment and ability to care for the
220 child.
221 2. Records checks through the Comprehensive State Automated
222 Child Welfare Information System (SACWIS), and local and
223 statewide criminal and juvenile records checks through the
224 Department of Law Enforcement, on all household members 12 years
225 of age or older. In addition, the fingerprints of any household
226 members who are 18 years of age or older may be submitted to the
227 Department of Law Enforcement for processing and forwarding to
228 the Federal Bureau of Investigation for state and national
229 criminal history information. The department has the discretion
230 to request Comprehensive State Automated Child Welfare
231 Information System (SACWIS) and local, statewide, and national
232 criminal history checks and fingerprinting of any other visitor
233 to the home who is made known to the department. Out-of-state
234 criminal records checks must be initiated for any individual who
235 has resided in a state other than Florida if that state’s laws
236 allow the release of these records. The out-of-state criminal
237 records must be filed with the court within 5 days after receipt
238 by the department or its agent.
239 3. An assessment of the physical environment of the home.
240 4. A determination of the financial security of the
241 proposed legal custodians.
242 5. A determination of suitable child care arrangements if
243 the proposed legal custodians are employed outside of the home.
244 6. Documentation of counseling and information provided to
245 the proposed legal custodians regarding the dependency process
246 and possible outcomes.
247 7. Documentation that information regarding support
248 services available in the community has been provided to the
249 proposed legal custodians.
250 8. The reasonable preference of the child, if the court
251 deems the child to be of sufficient intelligence, understanding,
252 and experience to express a preference.
253
254 The department may not place the child or continue the placement
255 of the child in a home under shelter or postdisposition
256 placement if the results of the home study are unfavorable,
257 unless the court finds that this placement is in the child’s
258 best interest.
259
260 Any other relevant and material evidence, including other
261 written or oral reports, may be received by the court in its
262 effort to determine the action to be taken with regard to the
263 child and may be relied upon to the extent of its probative
264 value, even though not competent in an adjudicatory hearing.
265 Except as otherwise specifically provided, nothing in this
266 section prohibits the publication of proceedings in a hearing.
267 Section 5. Subsection (7) is added to section 39.522,
268 Florida Statutes, to read:
269 39.522 Postdisposition change of custody.—
270 (7) Notwithstanding any other provision of this section, a
271 child’s case manager, an authorized agent of the department, or
272 a law enforcement officer may, at any time, remove a child from
273 a court-ordered placement and take the child into custody if the
274 court-ordered caregiver of the child requests immediate removal
275 of the child from the home. Additionally, an authorized agent of
276 the department or a law enforcement officer may, at any time,
277 remove a child from a court-ordered placement and take the child
278 into custody if there is probable cause as required under s.
279 39.401(1)(b).
280 (a) If, at the time of the removal, the child was not
281 placed in licensed care in the department’s custody, the
282 department must file a motion to modify placement within 1
283 business day after the child is taken into custody. The court
284 must then set a hearing within 24 hours after the motion is
285 filed unless all of the parties and the current caregiver agree
286 to the change of placement. At the hearing, the court must
287 determine whether the department has established probable cause
288 to support the immediate removal of the child from his or her
289 current placement. The court may base its determination on a
290 sworn petition or affidavit or on testimony and may hear all
291 relevant and material evidence, including oral or written
292 reports, to the extent of their probative value, even if such
293 evidence would not be competent evidence at an adjudicatory
294 hearing.
295 (b) If the court finds that the department did not
296 establish probable cause to support the removal of the child
297 from his or her current placement, the court must enter an order
298 that the child be returned to such placement. An order by the
299 court to return the child to his or her current placement does
300 not preclude a party from filing a subsequent motion pursuant to
301 subsection (2).
302 (c) If the current caregiver admits that a change of
303 placement is needed or the department establishes probable cause
304 to support removal of the child, the court must enter an order
305 changing the placement of the child. The new placement for the
306 child must meet the home study criteria in this chapter if the
307 child is not placed in foster care.
308 (d) If the court finds probable cause and modifies the
309 child’s placement, the court must conduct a hearing pursuant to
310 subsection (2) or subsection (3), unless such hearing is waived
311 by all parties and the caregiver.
312 Section 6. Paragraph (a) of subsection (1) of section
313 39.6221, Florida Statutes, is amended to read:
314 39.6221 Permanent guardianship of a dependent child.—
315 (1) If a court determines that reunification or adoption is
316 not in the best interest of the child, the court may place the
317 child in a permanent guardianship with a relative or other adult
318 approved by the court if all of the following conditions are
319 met:
320 (a) The child has been in the placement for not less than
321 the preceding 6 months, or the preceding 3 months if the
322 caregiver is already known by the child and the caregiver has
323 been named as the successor guardian on the child’s guardianship
324 assistance agreement.
325 Section 7. Subsection (9) of section 39.6225, Florida
326 Statutes, is amended to read:
327 39.6225 Guardianship Assistance Program.—
328 (9) Guardianship assistance payments may not shall only be
329 made for a young adult unless the young adult’s whose permanent
330 guardian entered into a guardianship assistance agreement after
331 the child attained 14 16 years of age but before the child
332 attained 18 years of age and if the child is:
333 (a) Completing secondary education or a program leading to
334 an equivalent credential;
335 (b) Enrolled in an institution that provides postsecondary
336 or vocational education;
337 (c) Participating in a program or activity designed to
338 promote or eliminate barriers to employment;
339 (d) Employed for at least 80 hours per month; or
340 (e) Unable to participate in programs or activities listed
341 in paragraphs (a)-(d) full time due to a physical, intellectual,
342 emotional, or psychiatric condition that limits participation.
343 Any such barrier to participation must be supported by
344 documentation in the child’s case file or school or medical
345 records of a physical, intellectual, emotional, or psychiatric
346 condition that impairs the child’s ability to perform one or
347 more life activities.
348 Section 8. Present paragraph (d) of subsection (3) of
349 section 39.801, Florida Statutes, is redesignated as paragraph
350 (e), and a new paragraph (d) is added to that subsection, to
351 read:
352 39.801 Procedures and jurisdiction; notice; service of
353 process.—
354 (3) Before the court may terminate parental rights, in
355 addition to the other requirements set forth in this part, the
356 following requirements must be met:
357 (d) Personal appearance of a person at the advisory hearing
358 as provided in s. 39.013(13) obviates the necessity of serving
359 process on that person and the court may proceed with the
360 advisory hearing and any subsequently noticed hearing.
361 Section 9. Subsections (4), (5), and (6) of section 39.812,
362 Florida Statutes, are amended to read:
363 39.812 Postdisposition relief; petition for adoption.—
364 (4) The court shall retain jurisdiction over any child
365 placed in the custody of the department until the child is
366 adopted. After custody of a child for subsequent adoption has
367 been given to the department, the court has jurisdiction for the
368 purpose of reviewing the status of the child and the progress
369 being made toward permanent adoptive placement. As part of this
370 continuing jurisdiction, for good cause shown by the guardian ad
371 litem for the child, the court may:
372 (a) Review the appropriateness of the adoptive placement of
373 the child if good cause is shown by the guardian ad litem for
374 the child.
375 (b) Review the department’s denial of an application to
376 adopt a child. The department’s decision to deny an application
377 to adopt a child is only reviewable under this section and is
378 not subject to chapter 120.
379 1. If the department denies an application to adopt a
380 child, the department must file written notification of the
381 denial with the court and provide copies to all parties within
382 10 business days after the department’s decision.
383 2. A denied applicant may file a motion to have the court
384 review the department’s denial within 30 business days after the
385 issuance of the department’s written notification of its
386 decision to deny the application to adopt a child. The motion to
387 review must allege that the department unreasonably denied the
388 application to adopt and request that the court allow the denied
389 applicant to file a petition to adopt the child under chapter 63
390 without the department’s consent.
391 3. A denied applicant only has standing under this chapter
392 to file a motion to review the department’s denial and to
393 present evidence in support of such motion. Such standing is
394 terminated upon the entry of the court’s order.
395 4. The court shall hold a hearing within 30 business days
396 after the denied applicant files the motion to review. The court
397 may only consider whether the department’s denial of the
398 application is consistent with its policies and if the
399 department made such decision in an expeditious manner. The
400 standard of review is whether the department’s denial of the
401 application is an abuse of discretion.
402 5. If the department selected a different applicant to
403 adopt the child, the selected applicant may participate in the
404 hearing as a participant as defined in s. 39.01 and may be
405 granted leave by the court to be heard without the need to file
406 a motion to intervene.
407 6. Within 15 business days after the conclusion of the
408 hearing, the court shall enter a written order denying the
409 motion to review or finding that the department unreasonably
410 denied the application to adopt and authorizing the denied
411 applicant to file a petition to adopt the child under chapter 63
412 without the department’s consent.
413 (5) When a licensed foster parent or court-ordered
414 custodian has applied to adopt a child who has resided with the
415 foster parent or custodian for at least 6 months and who has
416 previously been permanently committed to the legal custody of
417 the department and the department does not grant the application
418 to adopt, the department may not, in the absence of a prior
419 court order authorizing it to do so, remove the child from the
420 foster home or custodian, except when:
421 (a) There is probable cause to believe that the child is at
422 imminent risk of abuse or neglect;
423 (b) Thirty business days have expired following written
424 notice to the foster parent or custodian of the denial of the
425 application to adopt, within which period no formal challenge of
426 the department’s decision has been filed;
427 (c) A motion to review the department’s denial of an
428 application to adopt a child under paragraph (4)(b) has been
429 denied; or
430 (d)(c) The foster parent or custodian agrees to the child’s
431 removal.
432 (6)(5) The petition for adoption must be filed in the
433 division of the circuit court which entered the judgment
434 terminating parental rights, unless a motion for change of venue
435 is granted pursuant to s. 47.122. A copy of the consent to adopt
436 executed by the department must be attached to the petition,
437 unless such consent is waived under pursuant to s. 63.062(7).
438 The petition must be accompanied by a statement, signed by the
439 prospective adoptive parents, acknowledging receipt of all
440 information required to be disclosed under s. 63.085 and a form
441 provided by the department which details the social and medical
442 history of the child and each parent and includes the social
443 security number and date of birth for each parent, if such
444 information is available or readily obtainable. The prospective
445 adoptive parents may not file a petition for adoption until the
446 judgment terminating parental rights becomes final. An adoption
447 proceeding under this subsection is governed by chapter 63.
448 (7)(6)(a) Once a child’s adoption is finalized, the
449 department or its contracted child-placing agency community
450 based care lead agency must make a reasonable effort to contact
451 the adoptive family by telephone 1 year after the date of
452 finalization of the adoption as a postadoption service. For
453 purposes of this subsection, the term “reasonable effort” means
454 the exercise of reasonable diligence and care by the department
455 or its contracted child-placing agency community-based care lead
456 agency to make contact with the adoptive family. At a minimum,
457 the department or its contracted child-placing agency must
458 document the following:
459 1. The number of attempts made by the department or its
460 contracted child-placing agency community-based care lead agency
461 to contact the adoptive family and whether those attempts were
462 successful;
463 2. The types of postadoption services that were requested
464 by the adoptive family and whether those services were provided
465 by the department or its contracted child-placing agency
466 community-based care lead agency; and
467 3. Any feedback received by the department or its
468 contracted child-placing agency community-based care lead agency
469 from the adoptive family relating to the quality or
470 effectiveness of the services provided.
471 (b) The contracted child-placing agency community-based
472 care lead agency must report annually to the department on the
473 outcomes achieved and recommendations for improvement under this
474 subsection.
475 Section 10. Present subsection (6) and (7) of section
476 63.032, Florida Statutes, are redesignated as subsections (7)
477 and (6), respectively, and present subsection (6) of that
478 section is amended to read:
479 63.032 Definitions.—As used in this chapter, the term:
480 (7)(6) “Child-placing agency” means an any child-placing
481 agency licensed by the department pursuant to s. 63.202 to place
482 minors for adoption.
483 Section 11. Present subsections (3), (4), and (5) of
484 section 63.039, Florida Statutes, are redesignated as
485 subsections (4), (5), and (6), respectively, and a new
486 subsection (3) is added to that section, to read:
487 63.039 Duty of adoption entity to prospective adoptive
488 parents; sanctions.—
489 (3) A licensed adoption entity must, on a quarterly basis,
490 report to the department all private adoptions that were
491 finalized in the preceding quarter. Information must include the
492 age of the child, race of the child, ethnicity of the child, sex
493 of the child, county of birth of the child, and county of
494 adoptive family of the child. The department may adopt rules to
495 implement this section. The department shall make this
496 information available as aggregate data on its website.
497 Section 12. Subsection (7) of section 63.062, Florida
498 Statutes, is amended to read:
499 63.062 Persons required to consent to adoption; affidavit
500 of nonpaternity; waiver of venue.—
501 (7) If parental rights to the minor have previously been
502 terminated, the adoption entity with which the minor has been
503 placed for subsequent adoption may provide consent to the
504 adoption. In such case, no other consent is required. If the
505 minor has been permanently committed to the department for
506 subsequent adoption, the department must consent to the adoption
507 The court order finding that the department unreasonably denied
508 the application to adopt entered under s. 39.812(4) must be
509 attached to the petition to adopt, and The consent of the
510 department shall be waived upon a determination by the court
511 that such consent is being unreasonably withheld and if the
512 petitioner must file has filed with the court a favorable
513 preliminary adoptive home study as required under s. 63.092.
514 Section 13. Section 63.093, Florida Statutes, is amended to
515 read:
516 63.093 Adoption of children from the child welfare system.—
517 (1) Beginning July 1, 2025, the department shall contract
518 with one or more child-placing agencies to provide adoptive
519 services to prospective adoptive parents, complete the adoption
520 processes for children permanently committed to the department,
521 and support adoptive families. The department may allow a
522 contracted child-placing agency to subcontract with other
523 entities to fulfill the duties imposed in this section.
524 (2) The department, through its contracted child-placing
525 agency or community-based care lead agency as defined in s.
526 409.986(3), or its subcontracted agency, must respond to an
527 initial inquiry from a prospective adoptive parent within 7
528 business days after receipt of the inquiry. The response must
529 inform the prospective adoptive parent of the adoption process
530 and the requirements for adopting a child from the child welfare
531 system.
532 (3)(2) The department, through its contracted child-placing
533 agency or community-based care lead agency, or its subcontracted
534 agency, must refer a prospective adoptive parent who is
535 interested in adopting a child in the custody of the department
536 to a department-approved adoptive parent training program. A
537 prospective adoptive parent must successfully complete the
538 training program, unless the prospective adoptive parent is a
539 licensed foster parent or a relative or nonrelative caregiver
540 who has:
541 (a) Attended the training program within the last 5 years;
542 or
543 (b) Had the child who is available for adoption placed in
544 their home for 6 months or longer and has been determined to
545 understand the challenges and parenting skills needed to
546 successfully parent the child who is available for adoption.
547 (4)(3) A prospective adoptive parent must complete an
548 adoption application created by the department.
549 (5)(4) Before a child is placed in an adoptive home, the
550 department, through its contracted child-placing agency,
551 community-based care lead agency or its subcontracted agency
552 must complete an adoptive home study of a prospective adoptive
553 parent that includes observation, screening, and evaluation of
554 the child and the prospective adoptive parent. An adoptive home
555 study must be updated every is valid for 12 months after the
556 date on which the study was approved. If the child was placed
557 before the termination of parental rights, the updated placement
558 or licensed home study may serve as the adoption home study. In
559 addition, the department, through its contracted child-placing
560 agency, community-based care lead agency or its subcontracted
561 agency must complete a preparation process, as established by
562 department rule, with the prospective adoptive parent.
563 (6)(5) At the conclusion of the adoptive home study and
564 preparation process, a decision must shall be made about the
565 prospective adoptive parent’s appropriateness to adopt. This
566 decision shall be reflected in the final recommendation included
567 in the adoptive home study. If the recommendation is for
568 approval, the adoptive parent application file must be submitted
569 to the department, through its contracted child-placing agency,
570 community-based care lead agency or its subcontracted agency for
571 approval. The contracted child-placing agency community-based
572 care lead agency or its subcontracted agency must approve or
573 deny the home study within 14 business days after receipt of the
574 recommendation.
575 (7) The department shall adopt rules to eliminate
576 duplicative practices and delays in the adoption home study
577 process for a member of a uniformed service on active duty
578 seeking to adopt in the state, including, but not limited to,
579 providing a credit for adoption classes that have been taken in
580 another state which substantially cover the preservice training
581 required under s. 409.175(14)(b).
582 (8) By November 15 of each year, the department shall
583 submit an annual report to the Governor, the President of the
584 Senate, and the Speaker of the House of Representatives on the
585 status of adoptions within this state.
586
587 Notwithstanding subsections (2) and (3) (1) and (2), this
588 section does not apply to a child adopted through the process
589 provided in s. 63.082(6).
590 Section 14. Section 63.097, Florida Statutes, is amended to
591 read:
592 63.097 Fees.—
593 (1) When the adoption entity is an agency, fees may be
594 assessed if such fees they are approved by the department within
595 the process of licensing the agency and if such fees they are
596 for:
597 (a) Foster care expenses;
598 (b) Preplacement and postplacement social services,
599 including a preliminary home study under s. 63.092 and a final
600 home investigation under s. 63.125; and
601 (c) Agency facility and administrative costs.
602
603 The department shall adopt rules to implement this subsection,
604 including a rule establishing standards and fee schedules that
605 ensure all fees assessed are reasonable and the total fees
606 assessed do not exceed the federal adoption tax credit and a
607 rule requiring agencies to report quarterly to the department
608 the number of adoptions in which a court enters an order that
609 approves fees that exceed the limits established in subsection
610 (3).
611 (2) The following fees, costs, and expenses may be assessed
612 by the adoption entity or paid by the adoption entity on behalf
613 of the prospective adoptive parents:
614 (a) Reasonable living expenses of the birth mother which
615 the birth mother is unable to pay due to unemployment,
616 underemployment, or disability. Reasonable living expenses are
617 rent, utilities, basic telephone service, food, toiletries,
618 necessary clothing, transportation, insurance, and expenses
619 found by the court to be necessary for the health and well-being
620 of the birth mother and the unborn child. Such expenses may be
621 paid during the pregnancy and for a period of up to 6 weeks
622 postpartum.
623 (b) Reasonable and necessary medical expenses. Such
624 expenses may be paid during the pregnancy and for a period of up
625 to 6 weeks postpartum.
626 (c) Expenses necessary to comply with the requirements of
627 this chapter, including, but not limited to, service of process
628 under s. 63.088, investigator fees, and a diligent search under
629 s. 63.088, a preliminary home study under s. 63.092, and a final
630 home investigation under s. 63.125.
631 (d) Court filing expenses, court costs, and other
632 litigation expenses and birth certificate and medical record
633 expenses.
634 (e) Costs associated with advertising under s.
635 63.212(1)(g).
636 (f) The following professional fees:
637 1. A reasonable hourly fee or flat fee necessary to provide
638 legal representation to the adoptive parents or adoption entity
639 in a proceeding filed under this chapter.
640 2. A reasonable hourly fee or flat fee for contact with the
641 parent related to the adoption. In determining a reasonable
642 hourly fee under this subparagraph, the court must consider if
643 the tasks done were clerical or of such a nature that the matter
644 could have been handled by support staff at a lesser rate than
645 the rate for legal representation charged under subparagraph 1.
646 Such tasks include, but need not be limited to, transportation,
647 transmitting funds, arranging appointments, and securing
648 accommodations.
649 3. A reasonable hourly fee for counseling services provided
650 to a parent or a prospective adoptive parent by a psychologist
651 licensed under chapter 490 or a clinical social worker, marriage
652 and family therapist, or mental health counselor licensed under
653 chapter 491, or a counselor who is employed by an adoption
654 entity accredited by the Council on Accreditation of Services
655 for Children and Families to provide pregnancy counseling and
656 supportive services.
657 (3) The court must issue an order pursuant to s. 63.132(3)
658 when Approval of the court is not required until the total of
659 amounts permitted under subsection (2) exceeds:
660 (a) $5,000 in legal or other professional fees;
661 (b) $800 in court costs; or
662 (c) $5,000 in reasonable and necessary living and medical
663 expenses.
664 (4) Any fees, costs, or expenses not included in subsection
665 (2) or prohibited under subsection (5) require court approval
666 and entry of an order pursuant to s. 63.132(3) prior to payment
667 and must be based on a finding of extraordinary circumstances.
668 (5) The following fees, costs, and expenses are prohibited:
669 (a) Any fee or expense that constitutes payment for
670 locating a minor for adoption.
671 (b) Any payment which is not itemized and documented on the
672 affidavit filed under s. 63.132.
673 (c) Any fee on the affidavit which is not a fee of the
674 adoption entity, is not supported by a receipt, and does not
675 specify the service that was provided and for which the fee is
676 being charged, such as a fee for facilitation, acquisition, or
677 other similar service, or which does not identify the date the
678 service was provided, the time required to provide the service,
679 the person or entity providing the service, and the hourly fee
680 charged.
681 (6) Unless otherwise indicated in this section, when an
682 adoption entity uses the services of a licensed child-placing
683 agency, a professional, any other person or agency pursuant to
684 s. 63.092, or, if necessary, the department, the person seeking
685 to adopt the child must pay the licensed child-placing agency,
686 professional, other person or agency, or the department an
687 amount equal to the cost of all services performed, including,
688 but not limited to, the cost of conducting the preliminary home
689 study, counseling, and the final home investigation.
690 Section 15. Subsection (3) of section 63.132, Florida
691 Statutes, is amended to read:
692 63.132 Affidavit of expenses and receipts.—
693 (3) The court must issue a separate order approving or
694 disapproving the fees, costs, and expenses itemized in the
695 affidavit. The court may approve only fees, costs, and
696 expenditures allowed under s. 63.097. Any affidavit seeking
697 fees, costs, or expenses that exceed the limits set in s. 63.097
698 is per se unreasonable and therefore denied, absent a written
699 finding by the court of reasonableness resulting from
700 extraordinary circumstances. Any order approving fees, costs, or
701 expenses that exceed the limits set in s. 63.097(3) must include
702 the specific competent and substantial evidence upon which the
703 court relied to make a finding of both reasonableness and the
704 extraordinary circumstances. The court may reject in whole or in
705 part any fee, cost, or expenditure listed if the court finds
706 that the expense is any of the following:
707 (a) Contrary to this chapter.
708 (b) Not supported by a receipt, if requested, if the
709 expense is not a fee of the adoption entity.
710 (c) Not a reasonable fee or expense, considering the
711 requirements of this chapter and the totality of the
712 circumstances.
713 Section 16. Paragraph (a) of subsection (2) and paragraph
714 (a) of subsection (3) of section 409.1451, Florida Statutes, are
715 amended to read:
716 409.1451 The Road-to-Independence Program.—
717 (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
718 (a) A young adult is eligible for services and support
719 under this subsection if he or she:
720 1. Was living in licensed care on his or her 18th birthday
721 or is currently living in licensed care; or was at least 14 16
722 years of age and was adopted from foster care or placed with a
723 court-approved dependency guardian after spending at least 6
724 months in licensed care within the 12 months immediately
725 preceding such placement or adoption;
726 2. Spent at least 6 months in licensed care before reaching
727 his or her 18th birthday;
728 3. Earned a standard high school diploma pursuant to s.
729 1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
730 pursuant to s. 1003.435;
731 4. Has been admitted for enrollment as a full-time student
732 or its equivalent in an eligible postsecondary educational
733 institution as provided in s. 1009.533. For purposes of this
734 section, the term “full-time” means 9 credit hours or the
735 vocational school equivalent. A student may enroll part-time if
736 he or she has a recognized disability or is faced with another
737 challenge or circumstance that would prevent full-time
738 attendance. A student needing to enroll part-time for any reason
739 other than having a recognized disability must get approval from
740 his or her academic advisor;
741 5. Has reached 18 years of age but is not yet 23 years of
742 age;
743 6. Has applied, with assistance from the young adult’s
744 caregiver and the community-based lead agency, for any other
745 grants and scholarships for which he or she may qualify;
746 7. Submitted a Free Application for Federal Student Aid
747 which is complete and error free; and
748 8. Signed an agreement to allow the department and the
749 community-based care lead agency access to school records.
750 (3) AFTERCARE SERVICES.—
751 (a)1. Aftercare services are available to a young adult who
752 has reached 18 years of age but is not yet 23 years of age and
753 is:
754 a. Not in foster care.
755 b. Temporarily not receiving financial assistance under
756 subsection (2) to pursue postsecondary education.
757 c. Eligible for extended guardianship assistance payments
758 under s. 39.6225(9) or extended adoption assistance under s.
759 409.166(4), but is not participating in either program.
760 2. Subject to available funding, aftercare services as
761 specified in subparagraph (b)8. are also available to a young
762 adult who is between the ages of 18 and 22, is receiving
763 financial assistance under subsection (2), is experiencing an
764 emergency situation, and whose resources are insufficient to
765 meet the emergency situation. Such assistance shall be in
766 addition to any amount specified in paragraph (2)(b).
767 Section 17. Paragraph (d) of subsection (4) of section
768 409.166, Florida Statutes, is amended to read:
769 409.166 Children within the child welfare system; adoption
770 assistance program.—
771 (4) ADOPTION ASSISTANCE.—
772 (d) Effective January 1, 2019, adoption assistance payments
773 may be made for a child whose adoptive parent entered into an
774 initial adoption assistance agreement after the child reached 14
775 16 years of age but before the child reached 18 years of age.
776 Such payments may be made until the child reaches age 21 if the
777 child is:
778 1. Completing secondary education or a program leading to
779 an equivalent credential;
780 2. Enrolled in an institution that provides postsecondary
781 or vocational education;
782 3. Participating in a program or activity designed to
783 promote or eliminate barriers to employment;
784 4. Employed for at least 80 hours per month; or
785 5. Unable to participate in programs or activities listed
786 in subparagraphs 1.-4. full time due to a physical, an
787 intellectual, an emotional, or a psychiatric condition that
788 limits participation. Any such barrier to participation must be
789 supported by documentation in the child’s case file or school or
790 medical records of a physical, an intellectual, an emotional, or
791 a psychiatric condition that impairs the child’s ability to
792 perform one or more life activities.
793 Section 18. Section 409.1662, Florida Statutes, is
794 repealed.
795 Section 19. Section 409.1664, Florida Statutes, is amended
796 to read:
797 409.1664 Adoption benefits for qualifying adoptive
798 employees of state agencies, veterans, servicemembers, and law
799 enforcement officers, health care practitioners, and tax
800 collector employees.—
801 (1) As used in this section, the term:
802 (a) “Child within the child welfare system” has the same
803 meaning as provided in s. 409.166(2).
804 (b) “Health care practitioner” means a person listed in s.
805 456.001(4) who holds an active license from the Department of
806 Health and whose gross income does not exceed $150,000 per year.
807 (c) “Law enforcement officer” has the same meaning as
808 provided in s. 943.10(1).
809 (d)(c) “Qualifying adoptive employee” means a full-time or
810 part-time employee of a state agency, a charter school
811 established under s. 1002.33, or the Florida Virtual School
812 established under s. 1002.37, who is not an independent
813 contractor and who adopts a child within the child welfare
814 system pursuant to chapter 63 on or after July 1, 2015. The term
815 includes instructional personnel, as defined in s. 1012.01, who
816 are employed by the Florida School for the Deaf and the Blind,
817 and includes other-personal-services employees who have been
818 continuously employed full time or part time by a state agency
819 for at least 1 year.
820 (e)(d) “Servicemember” has the same meaning as in s.
821 250.01(19).
822 (f)(e) “State agency” means a branch, department, or agency
823 of state government for which the Chief Financial Officer
824 processes payroll requisitions, a state university or Florida
825 College System institution as defined in s. 1000.21, a school
826 district unit as defined in s. 1001.30, or a water management
827 district as defined in s. 373.019.
828 (g) “Tax collector employee” means an employee of an office
829 of county tax collector in this state.
830 (h)(f) “Veteran” has the same meaning as in s. 1.01(14).
831 (2) A qualifying adoptive employee, veteran, law
832 enforcement officer, health care practitioner, tax collector
833 employee, or servicemember who adopts a child within the child
834 welfare system who is difficult to place as described in s.
835 409.166(2)(d)2. is eligible to receive a lump-sum monetary
836 benefit in the amount of $25,000 $10,000 per such child, subject
837 to applicable taxes. A law enforcement officer who adopts a
838 child within the child welfare system who is difficult to place
839 as described in s. 409.166(2)(d)2. is eligible to receive a
840 lump-sum monetary benefit in the amount of $25,000 per such
841 child, subject to applicable taxes. A qualifying adoptive
842 employee, veteran, law enforcement officer, health care
843 practitioner, tax collector employee, or servicemember who
844 adopts a child within the child welfare system who is not
845 difficult to place as described in s. 409.166(2)(d)2. is
846 eligible to receive a lump-sum monetary benefit in the amount of
847 $10,000 $5,000 per such child, subject to applicable taxes. A
848 law enforcement officer who adopts a child within the child
849 welfare system who is not difficult to place as described in s.
850 409.166(2)(d)2. is eligible to receive a lump-sum monetary
851 benefit in the amount of $10,000 per each such child, subject to
852 applicable taxes. A qualifying adoptive employee of a charter
853 school or the Florida Virtual School may retroactively apply for
854 the monetary benefit provided in this subsection if such
855 employee was employed by a charter school or the Florida Virtual
856 School when he or she adopted a child within the child welfare
857 system pursuant to chapter 63 on or after July 1, 2015. A
858 veteran or servicemember may apply for the monetary benefit
859 provided in this subsection if he or she is domiciled in this
860 state and adopts a child within the child welfare system
861 pursuant to chapter 63 on or after July 1, 2020. A law
862 enforcement officer may apply for the monetary benefit provided
863 in this subsection if he or she is domiciled in this state and
864 adopts a child within the child welfare system pursuant to
865 chapter 63 on or after July 1, 2022. A health care practitioner
866 or tax collector employee may apply for the monetary benefit
867 provided in this subsection if he or she is domiciled in this
868 state and adopts a child within the child welfare system
869 pursuant to chapter 63 on or after July 1, 2024.
870 (a) Benefits paid to a qualifying adoptive employee who is
871 a part-time employee must be prorated based on the qualifying
872 adoptive employee’s full-time equivalency at the time of
873 applying for the benefits.
874 (b) Monetary benefits awarded under this subsection are
875 limited to one award per adopted child within the child welfare
876 system.
877 (c) The payment of a lump-sum monetary benefit for adopting
878 a child within the child welfare system under this section is
879 subject to a specific appropriation to the department for such
880 purpose.
881 (3) A qualifying adoptive employee must apply to his or her
882 agency head, or to his or her school director in the case of a
883 qualifying adoptive employee of a charter school or the Florida
884 Virtual School, to obtain the monetary benefit provided in
885 subsection (2). A veteran, or servicemember, or tax collector
886 employee must apply to the department to obtain the benefit. A
887 law enforcement officer must apply to the Department of Law
888 Enforcement to obtain the benefit. A health care practitioner
889 must apply to the Department of Health to obtain the benefit.
890 Applications must be on forms approved by the department and
891 must include a certified copy of the final order of adoption
892 naming the applicant as the adoptive parent. Monetary benefits
893 shall be approved on a first-come, first-served basis based upon
894 the date that each fully completed application is received by
895 the department.
896 (4) This section does not preclude a qualifying adoptive
897 employee, veteran, servicemember, health care practitioner, tax
898 collector employee, or law enforcement officer from receiving
899 adoption assistance for which he or she may qualify under s.
900 409.166 or any other statute that provides financial incentives
901 for the adoption of children.
902 (5) Parental leave for a qualifying adoptive employee must
903 be provided in accordance with the personnel policies and
904 procedures of his or her employer.
905 (6) The department may adopt rules to administer this
906 section. The rules may provide for an application process such
907 as, but not limited to, an open enrollment period during which
908 qualifying adoptive employees, veterans, servicemembers, health
909 care practitioners, tax collector employees, or law enforcement
910 officers may apply for monetary benefits under this section.
911 (7) The Chief Financial Officer shall disburse a monetary
912 benefit to a qualifying adoptive employee upon the department’s
913 submission of a payroll requisition. The Chief Financial Officer
914 shall transfer funds from the department to a state university,
915 a Florida College System institution, a school district unit, a
916 charter school, the Florida Virtual School, or a water
917 management district, as appropriate, to enable payment to the
918 qualifying adoptive employee through the payroll systems as long
919 as funds are available for such purpose.
920 (8) To receive an approved monetary benefit under this
921 section, a veteran or servicemember must be registered as a
922 vendor with the state.
923 (9) Each state agency shall develop a uniform procedure for
924 informing employees about this benefit and for assisting the
925 department in making eligibility determinations and processing
926 applications. Any procedure adopted by a state agency is valid
927 and enforceable if the procedure does not conflict with the
928 express terms of this section.
929 Section 20. Subsections (1) through (4) of section 409.167,
930 Florida Statutes, are amended to read:
931 409.167 Statewide adoption exchange; establishment;
932 responsibilities; registration requirements; rules.—
933 (1) The Department of Children and Families shall
934 establish, either directly or through purchase, a statewide
935 adoption exchange, with a photo listing component, which serves
936 shall serve all authorized licensed child-placing agencies in
937 the state as a means of recruiting adoptive families for
938 children who have been legally freed for adoption and who have
939 been permanently placed with the department or a licensed child
940 placing agency. The statewide adoption exchange must shall
941 provide, in accordance with rules adopted by the department,
942 descriptions and photographs of such children, as well as any
943 other information deemed useful in the recruitment of adoptive
944 families for each child. The photo listing component of the
945 statewide adoption exchange must be updated monthly and may not
946 be accessible to the public, except to persons who have
947 completed or are in the process of completing an adoption home
948 study.
949 (2)(a) Each district of the department shall refer each
950 child in its care who has been legally freed for adoption to the
951 statewide adoption exchange no later than 30 days after the date
952 of acceptance by the department for permanent placement. The
953 referral must be accompanied by a photo listing photograph and
954 description of the child. Any child 12 years of age or older may
955 request that a specific photo be used for their entry and must
956 be consulted during the development of their description.
957 (b) The department shall establish criteria by which a
958 district may determine that a child need not be registered with
959 the statewide adoption exchange. Within 30 days after the date
960 of acceptance by the department for permanent placement, the
961 name of the child accepted for permanent placement must be
962 forwarded to the statewide adoption exchange by the district
963 together with reference to the specific reason why the child
964 should not be placed on the statewide adoption exchange. If the
965 child has not been placed for adoption within 3 months after the
966 date of acceptance by the department for permanent placement,
967 the district must shall provide the statewide adoption exchange
968 with the necessary photograph and information for registration
969 of the child with the statewide adoption exchange and the child
970 must shall be placed on the statewide adoption exchange. The
971 department shall establish procedures for monitoring the status
972 of children who are not placed on the statewide adoption
973 exchange within 30 days after the date of acceptance by the
974 department for permanent placement.
975 (3) In accordance with rules established by the department,
976 the statewide adoption exchange may accept, from licensed child
977 placing agencies, information pertaining to children meeting the
978 criteria of this section, and to prospective adoptive families,
979 for registration with the statewide adoption exchange.
980 (4) For purposes of facilitating family-matching between
981 children and prospective adoptive parents, the statewide
982 adoption exchange must shall provide the photo listing component
983 service to all licensed child-placing agencies and, in
984 accordance with rules adopted established by the department, to
985 all appropriate citizen groups and other organizations and
986 associations interested in children’s services. The photo
987 listing component of the statewide adoption exchange may not be
988 accessible to the public, except to persons who have completed
989 or are in the process of completing an adoption home study.
990 Section 21. Effective July 1, 2025, paragraph (a) of
991 subsection (1) of section 409.988, Florida Statutes, is amended
992 to read:
993 409.988 Community-based care lead agency duties; general
994 provisions.—
995 (1) DUTIES.—A lead agency:
996 (a)1. Shall serve:
997 a. all children referred as a result of a report of abuse,
998 neglect, or abandonment to the department’s central abuse
999 hotline, including, but not limited to, children who are the
1000 subject of verified reports and children who are not the subject
1001 of verified reports but who are at moderate to extremely high
1002 risk of abuse, neglect, or abandonment, as determined using the
1003 department’s risk assessment instrument, regardless of the level
1004 of funding allocated to the lead agency by the state if all
1005 related funding is transferred.
1006 b. Children who were adopted from the child welfare system
1007 and whose families require postadoption supports.
1008 2. May also serve children who have not been the subject of
1009 reports of abuse, neglect, or abandonment, but who are at risk
1010 of abuse, neglect, or abandonment, to prevent their entry into
1011 the child protection and child welfare system.
1012 Section 22. Except as otherwise expressly provided in this
1013 act, this act shall take effect July 1, 2024.
1014
1015 ================= T I T L E A M E N D M E N T ================
1016 And the title is amended as follows:
1017 Delete everything before the enacting clause
1018 and insert:
1019 A bill to be entitled
1020 An act relating to permanency for children; amending
1021 s. 39.01, F.S.; defining the term “visitor”; amending
1022 s. 39.0138, F.S.; renaming the “State Automated Child
1023 Welfare Information System” as the “Comprehensive
1024 Child Welfare Information System”; requiring the
1025 Department of Children and Families to conduct a
1026 criminal history records check of certain persons;
1027 defining the term “emergency placement”; requiring
1028 certain persons to submit their fingerprints to the
1029 department or other specified entities; requiring the
1030 department or such entities to submit such
1031 fingerprints to the Department of Law Enforcement for
1032 state processing within a specified timeframe;
1033 requiring the Department of Law Enforcement to forward
1034 such fingerprints to the Federal Bureau of
1035 Investigation within a specified timeframe; requiring
1036 a child to be immediately removed from a home if
1037 certain persons fail to provide their fingerprints and
1038 are not otherwise exempt from a criminal history
1039 records check; creating s. 39.5035, F.S.; providing
1040 procedures and requirements relating to deceased
1041 parents of a dependent child; amending s. 39.521,
1042 F.S.; conforming provisions to changes made by the
1043 act; amending s. 39.522, F.S.; authorizing certain
1044 persons to remove a child from a court-ordered
1045 placement under certain circumstances; requiring the
1046 Department of Children and Families to file a
1047 specified motion, and the court to set a hearing,
1048 within specified timeframes under certain
1049 circumstances; requiring a certain determination by
1050 the court to support immediate removal of a child;
1051 authorizing the court to base its determination on
1052 certain evidence; requiring the court to enter certain
1053 orders and conduct certain hearings under certain
1054 circumstances; amending s. 39.6221, F.S.; revising a
1055 requisite condition for placing a child in a permanent
1056 guardianship; amending s. 39.6225, F.S.; revising
1057 eligibility for payments under the Guardianship
1058 Assistance Program; amending s. 39.801, F.S.;
1059 providing that service of process is not necessary
1060 under certain circumstances; amending s. 39.812, F.S.;
1061 authorizing the court to review the departments’
1062 denial of an application to adopt a child; requiring
1063 the department to file written notification of its
1064 denial with the court and provide copies to certain
1065 persons within a specified timeframe; authorizing a
1066 denied applicant to file a motion to review such
1067 denial within a specified timeframe; establishing
1068 requirements for standing; requiring the court to hold
1069 a hearing within a specified timeframe; providing
1070 standing to certain persons; authorizing certain
1071 persons to participate in the hearing under certain
1072 circumstances; requiring the court to enter an order
1073 within a specified timeframe; providing an exception
1074 to authorize the department to remove a child from his
1075 or her foster home or custodian; requiring the
1076 department or its contracted child-placing agency to
1077 conduct certain postadoption duties; conforming
1078 provisions to changes made by the act; amending s.
1079 63.032, F.S.; revising a definition; amending s.
1080 63.039, F.S; requiring private adoptions to be
1081 reported to the department; amending s. 63.062, F.S.;
1082 conforming provisions to changes made by the act;
1083 amending s. 63.093, F.S.; requiring the department to
1084 contract with one or more child-placing agencies to
1085 provide adoption services; authorizing such agency to
1086 subcontract with other entities to provide certain
1087 duties; requiring that an adoptive home study be
1088 updated every 12 months after the date on which the
1089 first study was approved; requiring the department to
1090 adopt certain rules; requiring the department to
1091 submit an annual report to the Governor and
1092 Legislature by a specified date; conforming provisions
1093 to changes made by the act; amending s. 63.097, F.S.;
1094 revising and prohibiting certain fees; amending s.
1095 63.132, F.S.; providing that any affidavit seeking
1096 certain fees, costs, or expenses is unreasonable;
1097 requiring a court order approving fees, costs, or
1098 expenses that exceed a certain amount to include
1099 certain evidence; requiring that such order include
1100 certain evidence; amending s. 409.1451, F.S.; revising
1101 the age requirements for receiving postsecondary
1102 education services and support; revising the
1103 requirements for receiving aftercare services;
1104 amending s. 409.166, F.S.; revising the age
1105 requirements for receiving adoption assistance;
1106 repealing s. 409.1662, F.S., relating to children
1107 within the child welfare system and the adoption
1108 incentive program; amending s. 409.1664, F.S.;
1109 defining terms; providing certain adoption benefits to
1110 health care practitioners and tax collector employees;
1111 specifying methods for such persons to apply for such
1112 benefits; increasing the amount of monetary adoption
1113 benefits certain persons are eligible to receive;
1114 conforming provisions to changes made by the act;
1115 amending s. 409.167, F.S.; providing requirements for
1116 the statewide adoption exchange and its photo listing
1117 component; authorizing only certain persons to access
1118 such photo listing component; requiring consultation
1119 with children of a certain age during development of
1120 their description; conforming provisions to changes
1121 made by the act; amending s. 409.988, F.S.; revising
1122 the list of children a community-based care lead
1123 agency must serve; providing effective dates.