Florida Senate - 2024                                    SB 1486
       
       
        
       By Senator Collins
       
       
       
       
       
       14-00826A-24                                          20241486__
    1                        A bill to be entitled                      
    2         An act relating to child permanency; amending s.
    3         39.01, F.S.; defining the term “visitor”; amending s.
    4         39.0138, F.S.; requiring the Department of Children
    5         and Families to conduct a records check through the
    6         Comprehensive Child Welfare Information System on all
    7         persons being considered for placement of a child;
    8         requiring the department to complete a name-based
    9         check of federal criminal history records for certain
   10         persons being considered for child placement when a
   11         child has been sheltered; requiring a specified entity
   12         to ensure that the fingerprints of the applicant and
   13         the members of the applicant’s household are submitted
   14         to the Department of Law Enforcement by a specified
   15         time, unless certain exemptions apply; requiring the
   16         Department of Law Enforcement to forward the
   17         fingerprints to the Federal Bureau of Investigation by
   18         a specified time; prohibiting the Department of
   19         Children and Families from placing a child in a home
   20         if certain requirements are not met; requiring the
   21         Department of Children and Families to seek a court
   22         order to remove a child from a placement if certain
   23         fingerprinting requirements are not met; amending s.
   24         39.202, F.S.; allowing any person to have access to
   25         certain identifying child records under specified
   26         circumstances; creating s. 39.5035, F.S.; authorizing
   27         specified persons to file both a petition alleging
   28         dependency and a petition for permanent commitment of
   29         a child whose parents are deceased and who does not
   30         have a legal custodian; requiring that both a petition
   31         alleging dependency and a petition for permanent
   32         commitment of a child be filed within specified
   33         timeframes, as applicable; authorizing specified
   34         persons to file a petition for the permanent
   35         commitment of a child whose parents are deceased,
   36         under certain circumstances; providing requirements
   37         for the petition for the permanent commitment of the
   38         child; requiring that adjudicatory hearings be held
   39         within a specified timeframe; providing notice
   40         requirements; providing requirements for the
   41         adjudicatory hearing on the petition for the permanent
   42         commitment of a child; requiring the court to enter
   43         certain orders in certain circumstances within
   44         specified timeframes after the adjudicatory hearing;
   45         specifying requirements for disposition hearings;
   46         amending s. 39.522, F.S.; authorizing a child’s case
   47         manager, an authorized agent of the department, or a
   48         law enforcement officer to remove a child from a
   49         court-ordered placement under certain circumstances;
   50         requiring the department to perform certain duties
   51         within a specified timeframe after a child is removed
   52         from placement if the child was not placed in licensed
   53         care at the time of removal; requiring the court to
   54         hold a hearing to determine whether the department had
   55         probable cause to support the removal of the child;
   56         requiring the court to enter certain orders, depending
   57         on whether the court determines there is probable
   58         cause to remove the child; requiring the court to
   59         conduct a hearing if a finding of probable cause for
   60         the removal of the child is made and the child’s
   61         placement is modified, unless certain parties waive
   62         this requirement; amending s. 39.6221, F.S.; revising
   63         a condition for the placement of a child in permanent
   64         guardianship; amending s. 39.6225, F.S.; revising a
   65         criterion for guardianship assistance payments made to
   66         guardians who have entered into a guardianship
   67         assistance agreement; amending s. 39.801, F.S.;
   68         authorizing the court to proceed with a hearing for
   69         the termination of parental rights under certain
   70         circumstances; amending s. 39.812, F.S.; authorizing
   71         the court to review the department’s denial of an
   72         application to adopt a child; requiring that certain
   73         provisions be carried out upon the court’s review of a
   74         denial of an application to adopt a child; revising
   75         the conditions under which the department may remove a
   76         child from the foster home the child was residing in
   77         or the custodian the child was residing with;
   78         requiring the department or its contracted licensed
   79         child-placing agency to make every reasonable effort
   80         to contact the adoptive family of the child once the
   81         adoption is finalized; requiring the department or its
   82         contracted licensed child-placing agency to record
   83         certain information; amending s. 63.032, F.S.;
   84         defining the term “licensed child-placing agency”;
   85         amending s. 63.062, F.S.; requiring the department to
   86         consent to an adoption or attach to the petition to
   87         adopt the court order finding that the adoption was
   88         unreasonably withheld in certain circumstances;
   89         amending s. 63.093, F.S.; requiring the department to
   90         contract with licensed child-placing agencies for
   91         specified purposes beginning on a specified date;
   92         requiring the department, through its contracted
   93         licensed child-placing agency, to respond to certain
   94         inquiries from an adoptive parent in a certain amount
   95         of time; requiring the department, through its
   96         contracted licensed child-placing agency, to refer an
   97         adoptive parent to a certain training program;
   98         requiring the department, through its contracted
   99         licensed child-placing agency, to complete an adoptive
  100         home study that must be updated on a specified
  101         schedule; authorizing the updated placement or
  102         licensing home study to serve as the adoption home
  103         study under certain circumstances; requiring the
  104         contracted licensed child-placing agency to approve or
  105         deny a home study within a specified timeframe;
  106         requiring the department to adopt certain rules to
  107         eliminate certain practices; requiring the department
  108         to annually report to the Governor and the Legislature
  109         on the status of adoptions in this state; amending s.
  110         63.097, F.S.; revising the amount of certain fees that
  111         may be assessed without approval of the court;
  112         prohibiting the court from approving certain fees if
  113         the fees exceed the total amount of the Federal
  114         Adoption Tax Credit for the current tax year; amending
  115         s. 409.1451, F.S.; providing that aftercare services
  116         are available to certain young adults who are eligible
  117         for either the Guardianship Assistance Program or the
  118         adoption assistance program; amending s. 409.166,
  119         F.S.; revising conditions for the department to
  120         provide adoption assistance payments to adoptive
  121         parents of certain children; repealing s. 409.1662,
  122         F.S., relating to the adoption incentive program;
  123         amending s. 409.1664, F.S.; defining the term “health
  124         care practitioner”; authorizing specified persons to
  125         receive a lump sum monetary benefit for the adoption
  126         of certain children in the welfare system; increasing
  127         the amount of a lump sum monetary benefit specified
  128         persons are authorized to receive for such adoptions;
  129         authorizing health care practitioners to apply for the
  130         monetary benefit if certain requirements are met;
  131         requiring a health care practitioner to apply to the
  132         Department of Health to obtain the benefit; allowing a
  133         health care practitioner to obtain adoption assistance
  134         for which he or she may qualify under applicable
  135         statutes; authorizing the department to adopt rules
  136         that may provide for an application process that
  137         health care practitioners may use to apply for
  138         monetary benefits; amending s. 409.988, F.S.; deleting
  139         provisions that require a lead agency to serve certain
  140         children; providing effective dates.
  141          
  142  Be It Enacted by the Legislature of the State of Florida:
  143  
  144         Section 1. Subsection (88) is added to section 39.01,
  145  Florida Statutes, to read:
  146         39.01 Definitions.—When used in this chapter, unless the
  147  context otherwise requires:
  148         (88) “Visitor” means a person who:
  149         (a)Provides care or supervision to children in the home;
  150  or
  151         (b)Is 14 years of age or older, other than a child in
  152  care, and who will be in the child’s home at least:
  153         1.Five consecutive days; or
  154         2.Any seven or more days in a period of a month.
  155         Section 2. Subsections (1) and (5) of section 39.0138,
  156  Florida Statutes, are amended to read:
  157         39.0138 Criminal history and other records checks; limit on
  158  placement of a child.—
  159         (1) The department shall conduct a records check through
  160  the Comprehensive State Automated Child Welfare Information
  161  System (SACWIS) and a local and statewide criminal history
  162  records check on all persons, including parents, being
  163  considered by the department for placement of a child under this
  164  chapter, including all nonrelative placement decisions, and all
  165  members of the household, 12 years of age and older, of the
  166  person being considered. For purposes of this section, a
  167  criminal history records check may include, but is not limited
  168  to, submission of fingerprints to the Department of Law
  169  Enforcement for processing and forwarding to the Federal Bureau
  170  of Investigation for state and national criminal history
  171  information, and local criminal records checks through local law
  172  enforcement agencies of all household members 18 years of age
  173  and older and other frequent adult visitors to the home. An out
  174  of-state criminal history records check must be initiated for
  175  any person 18 years of age or older who resided in another state
  176  if that state allows the release of such records. The department
  177  must complete the records check within 14 business days after
  178  receiving a person’s criminal history results, unless additional
  179  information is required to complete the processing. The
  180  department shall establish by rule standards for evaluating any
  181  information contained in the automated system relating to a
  182  person who must be screened for purposes of making a placement
  183  decision.
  184         (5) When a child has been sheltered pursuant to s. 39.402
  185  and must be placed in out-of-home care due to an emergency, the
  186  department must complete a name-based check of federal criminal
  187  history records to ascertain whether the applicant being
  188  considered for placement or the adult household members residing
  189  with the applicant will jeopardize the safety of the sheltered
  190  child.
  191         (a)If the name-based check of federal criminal history
  192  records does not return any record of federal criminal history,
  193  the department, vendor, entity, or agency authorized by s.
  194  943.053(13) must ensure that the fingerprints of the applicant
  195  and all adult members of the applicant’s household are submitted
  196  to the Department of Law Enforcement for state processing within
  197  7 days after receipt of the results of the name-based check if
  198  such persons are not exempted from the fingerprinting
  199  requirements. The Department of Law Enforcement shall forward
  200  the fingerprints to the Federal Bureau of Investigation for
  201  national processing within 15 calendar days after the date the
  202  Department of Law Enforcement received the fingerprints. The
  203  department may not place a child in a home if the applicant or a
  204  member of the applicant’s household is disqualified by the name
  205  based check or if their fingerprints are not submitted timely to
  206  the Federal Bureau of Investigation.
  207         (b)The department shall seek a court order to immediately
  208  remove the child from the home if any applicant or adult
  209  household member fails to provide fingerprints within 7 days
  210  after the name-based check, unless such persons are exempted
  211  from the fingerprint requirements The department may place a
  212  child in a home that otherwise meets placement requirements if a
  213  name check of state and local criminal history records systems
  214  does not disqualify the applicant and if the department submits
  215  fingerprints to the Department of Law Enforcement for forwarding
  216  to the Federal Bureau of Investigation and is awaiting the
  217  results of the state and national criminal history records
  218  check.
  219         Section 3. Paragraph (o) of subsection (2) of section
  220  39.202, Florida Statutes, is amended to read:
  221         39.202 Confidentiality of reports and records in cases of
  222  child abuse or neglect; exception.—
  223         (2) Except as provided in subsection (4), access to such
  224  records, excluding the name of, or other identifying information
  225  with respect to, the reporter which shall be released only as
  226  provided in subsection (5), shall be granted only to the
  227  following persons, officials, and agencies:
  228         (o) Any person in the event that the cause of the death of
  229  a child, as determined by the department at the completion of
  230  its investigation in accordance with s. 39.301(16), was to be a
  231  result of abuse, abandonment, or neglect. Information
  232  identifying the person reporting abuse, abandonment, or neglect
  233  may shall not be released. Any information otherwise made
  234  confidential or exempt by law may shall not be released pursuant
  235  to this paragraph.
  236         Section 4. Section 39.5035, Florida Statutes, is created to
  237  read:
  238         39.5035 Deceased parents; special procedures.—
  239         (1)(a)If both parents of a child are deceased, or the last
  240  known living parent dies and a legal custodian has not been
  241  appointed for the child through a probate or guardianship
  242  proceeding, an attorney for the department, a guardian ad litem,
  243  or any other person who has knowledge of the facts alleged or is
  244  informed of such facts and believes that they are true may
  245  initiate a proceeding by filing both a petition alleging
  246  dependency and a petition for the permanent commitment of the
  247  child. Both the petition alleging dependency and the petition
  248  for the permanent commitment of the child must be filed within
  249  21 days after the shelter hearing for a child who has been
  250  placed in shelter status by order of the court and has not yet
  251  been adjudicated dependent. In all other cases, both the
  252  petition alleging dependency and the petition for the permanent
  253  commitment of the child must be filed within a reasonable time
  254  after the petitioner first becomes aware of the facts supporting
  255  the petitions.
  256         (b) If both parents die or the last known living parent
  257  dies after a child has already been adjudicated dependent, an
  258  attorney for the department, a guardian ad litem, or any other
  259  person who has knowledge of the facts alleged or is informed of
  260  them and believes that they are true may file a petition for
  261  permanent commitment of the child. The petition must be filed
  262  within a reasonable time after the petitioner first becomes
  263  aware of the facts that support the petition for permanent
  264  commitment.
  265         (2) A petition for the permanent commitment of the child
  266  must fulfill all of the following requirements:
  267         (a) Be in writing.
  268         (b)Identify the alleged deceased parent or parents and
  269  provide facts that establish that both parents of the child are
  270  deceased or the last known living parent is deceased and that a
  271  legal custodian has not been appointed for the child through a
  272  probate or guardianship proceeding.
  273         (c) Be signed by the petitioner under oath stating the
  274  petitioner’s good faith in filing the petition.
  275         (3) When a petition for the permanent commitment of the
  276  child has been filed, the clerk of the court shall set the case
  277  before the court for an adjudicatory hearing. The adjudicatory
  278  hearing must be held as soon as practicable after either
  279  petition is filed and no later than 30 days after the filing
  280  date.
  281         (4) Notice of the date, time, and place of the adjudicatory
  282  hearing and a copy of the petition must be served on the
  283  following persons:
  284         (a) Any person who has physical custody of the child.
  285         (b) A living relative of each parent of the child, unless a
  286  living relative cannot be found after a diligent search or
  287  inquiry.
  288         (c) The guardian ad litem for the child or the
  289  representative of the guardian ad litem program, if a guardian
  290  ad litem has been appointed.
  291         (5) Adjudicatory hearings must be conducted by a judge,
  292  without a jury, applying the rules of evidence used in civil
  293  cases and adjourning the hearings from time to time as
  294  necessary. At the hearing, the judge shall determine whether the
  295  petitioner has established by clear and convincing evidence that
  296  both parents of the child are deceased, or that the last known
  297  living parent is deceased and the other parent cannot be found
  298  after diligent search or inquiry, and that a legal custodian has
  299  not been appointed for the child through a probate or
  300  guardianship proceeding. A certified copy of the death
  301  certificate for a parent is sufficient evidence of proof of the
  302  parent’s death.
  303         (6) If, within 30 days after an adjudicatory hearing on a
  304  petition for the permanent commitment of the child, the court
  305  finds that the petitioner:
  306         (a) Has met the clear and convincing standard, the court
  307  must enter a written order adjudicating the child dependent and
  308  permanently committing the child to the custody of the
  309  department for the purpose of adoption. A disposition hearing
  310  must be scheduled no later than 30 days after the entry of the
  311  order, in which hearing the department must provide to the court
  312  a case plan that identifies the permanency goal for the child.
  313  Reasonable efforts must be made to place the child in a timely
  314  manner in accordance with the permanency plan and to complete
  315  all steps necessary to finalize the permanent placement of the
  316  child. Thereafter, until the adoption of the child is finalized
  317  or the child reaches 18 years of age, whichever occurs first,
  318  the court shall hold hearings every 6 months to review the
  319  progress being made toward permanency for the child.
  320         (b) Has not met the clear and convincing standard and that
  321  a preponderance of the evidence establishes that the child does
  322  not have a parent or legal custodian capable of providing
  323  supervision or care, the court must enter a written order
  324  adjudicating the child dependent. A disposition hearing must be
  325  scheduled no later than 30 days after the entry of the order as
  326  provided in s. 39.521.
  327         (c) Has not met the clear and convincing standard and that
  328  a preponderance of the evidence does not establish that the
  329  child does not have a parent or legal custodian capable of
  330  providing supervision or care, the court must enter a written
  331  order so finding and dismissing the petition.
  332         Section 5. Subsection (7) is added to section 39.522,
  333  Florida Statutes, to read:
  334         39.522 Postdisposition change of custody.—
  335         (7) Notwithstanding any other provision of this section, a
  336  child’s case manager, an authorized agent of the department, or
  337  a law enforcement officer may at any time remove a child from a
  338  court-ordered placement and take the child into custody if the
  339  child’s current caregiver requests immediate removal of the
  340  child from the home. An authorized agent of the department or a
  341  law enforcement officer may also remove a child from a court
  342  ordered placement and take the child into custody if there is
  343  probable cause as required in s. 39.401(1)(b).
  344         (a) If, at the time of the removal, the child was not
  345  placed in licensed care in the department’s custody, the
  346  department must file a motion to modify placement within 1
  347  business day after the child is taken into custody. Unless all
  348  parties and the current caregiver agree to the change of
  349  placement, the court shall set a hearing within 24 hours after
  350  the filing of the motion. At the hearing, the court shall
  351  determine whether the department has established probable cause
  352  to support the immediate removal of the child from his or her
  353  current placement. The court may base its determination on a
  354  sworn petition, testimony, or an affidavit and may hear all
  355  relevant and material evidence, including oral or written
  356  reports, to the extent of its probative value even though it
  357  would not be competent evidence at an adjudicatory hearing.
  358         (b) If the court finds that probable cause is not
  359  established to support the removal of the child from the
  360  placement, the court must order that the child be returned to
  361  his or her current placement. Such a finding does not preclude a
  362  party from filing a subsequent motion pursuant to subsection
  363  (2).
  364         (c) If the current caregiver admits to a need for a change
  365  of placement or if probable cause is established to support the
  366  removal, the court must enter an order changing the placement of
  367  the child. If the child is not placed in foster care, the new
  368  placement for the child must meet the home study criteria in
  369  this chapter.
  370         (d) If the child’s placement is modified based on a
  371  probable cause finding, the court must conduct a hearing under
  372  the procedures in subsection (2) or subsection (3), unless
  373  waived by all parties and the caregiver.
  374         Section 6. Paragraph (a) of subsection (1) of section
  375  39.6221, Florida Statutes, is amended to read:
  376         39.6221 Permanent guardianship of a dependent child.—
  377         (1) If a court determines that reunification or adoption is
  378  not in the best interest of the child, the court may place the
  379  child in a permanent guardianship with a relative or other adult
  380  approved by the court if all of the following conditions are
  381  met:
  382         (a) The child has been in the placement for not less than
  383  the preceding 6 months, or the preceding 3 months if the
  384  caregiver has been named as the successor guardian on the
  385  child’s guardianship assistance agreement.
  386         Section 7. Subsection (9) of section 39.6225, Florida
  387  Statutes, is amended to read:
  388         39.6225 Guardianship Assistance Program.—
  389         (9) Guardianship assistance payments shall only be made for
  390  a young adult whose permanent guardian entered into a
  391  guardianship assistance agreement after the child attained 14 16
  392  years of age but before the child attained 18 years of age if
  393  the child is:
  394         (a) Completing secondary education or a program leading to
  395  an equivalent credential;
  396         (b) Enrolled in an institution that provides postsecondary
  397  or vocational education;
  398         (c) Participating in a program or activity designed to
  399  promote or eliminate barriers to employment;
  400         (d) Employed for at least 80 hours per month; or
  401         (e) Unable to participate in programs or activities listed
  402  in paragraphs (a)-(d) full time due to a physical, intellectual,
  403  emotional, or psychiatric condition that limits participation.
  404  Any such barrier to participation must be supported by
  405  documentation in the child’s case file or school or medical
  406  records of a physical, intellectual, emotional, or psychiatric
  407  condition that impairs the child’s ability to perform one or
  408  more life activities.
  409         Section 8. Present paragraph (d) of subsection (3) of
  410  section 39.801, Florida Statutes, is redesignated as paragraph
  411  (e), and a new paragraph (d) is added to that subsection, to
  412  read:
  413         39.801 Procedures and jurisdiction; notice; service of
  414  process.—
  415         (3) Before the court may terminate parental rights, in
  416  addition to the other requirements set forth in this part, the
  417  following requirements must be met:
  418         (d) Personal appearance of any person at the advisory
  419  hearing as provided in s. 39.013(13) obviates the necessity of
  420  serving process on that person, and the court may proceed with
  421  the advisory hearing and any subsequently noticed hearing.
  422         Section 9. Subsection (4) and present subsections (5) and
  423  (6) of section 39.812, Florida Statutes, are amended, and
  424  subsection (7) is added to that section, to read:
  425         39.812 Postdisposition relief; petition for adoption.—
  426         (4) The court shall retain jurisdiction over any child
  427  placed in the custody of the department until the child is
  428  adopted. After custody of a child for subsequent adoption has
  429  been given to the department, the court has jurisdiction for the
  430  purpose of reviewing the status of the child and the progress
  431  being made toward permanent adoptive placement. As part of this
  432  continuing jurisdiction, the court may:
  433         (a) For good cause shown by the guardian ad litem for the
  434  child, the court may review the appropriateness of the adoptive
  435  placement of the child.
  436         (b)Review the department’s denial of an application to
  437  adopt a child. The department’s decision to deny an application
  438  to adopt a child is reviewable only as provided in this section
  439  and is not subject to chapter 120.
  440         1.If the department denies an application to adopt, the
  441  written notification of denial provided to the applicant must be
  442  filed with the court and copies provided to all parties within
  443  10 business days after the decision.
  444         2.A denied applicant may file a motion to review the
  445  department’s denial within 30 days after the issuance of the
  446  department’s written notification of the decision to deny the
  447  application.
  448         3.A denied applicant has standing under this chapter only
  449  to file the motion to review in subparagraph 2. and to present
  450  evidence in support of the motion. Such standing is terminated
  451  upon entry of the court’s order.
  452         4.The motion to review under subparagraph 2. must allege
  453  the department unreasonably withheld its consent to the adoption
  454  and must request that the court allow the denied applicant to
  455  file a petition to adopt the child under chapter 63 without the
  456  department’s consent.
  457         5.The court shall hold a hearing within 30 days after the
  458  filing of the motion to review. The court may only consider
  459  whether the department’s denial of the application was
  460  consistent with department policies and made in an expeditious
  461  manner. The standard of review is whether the department’s
  462  denial of the application was an abuse of discretion.
  463         6.If the department selected a different applicant to
  464  adopt the child, the selected applicant may participate in the
  465  hearing as a participant as defined in s. 39.01(57) and may be
  466  granted leave by the court to be heard without the necessity of
  467  filing a motion to intervene.
  468         7.The court shall enter a written order within 15 days
  469  after the conclusion of the hearing, either denying the motion
  470  to review or finding that the department unreasonably withheld
  471  its consent and authorizing the denied applicant to file a
  472  petition to adopt the child under chapter 63 without the
  473  department’s consent.
  474         (5) When a licensed foster parent or court-ordered
  475  custodian has applied to adopt a child who has resided with the
  476  foster parent or custodian for at least 6 months and who has
  477  previously been permanently committed to the legal custody of
  478  the department and the department does not grant the application
  479  to adopt, the department may not, in the absence of a prior
  480  court order authorizing it to do so, remove the child from the
  481  foster home or custodian, except when:
  482         (a) There is probable cause to believe that the child is at
  483  imminent risk of abuse or neglect;
  484         (b)A motion filed under paragraph (4)(b) to review the
  485  department’s denial of an application has been denied by the
  486  court;
  487         (c)(b) Thirty days have expired following written notice to
  488  the foster parent or custodian of the denial of the application
  489  to adopt, within which period no formal challenge of the
  490  department’s decision has been filed; or
  491         (d)(c) The foster parent or custodian agrees to the child’s
  492  removal.
  493         (6)(5) The petition for adoption must be filed in the
  494  division of the circuit court which entered the judgment
  495  terminating parental rights, unless a motion for change of venue
  496  is granted pursuant to s. 47.122. A copy of the consent executed
  497  by the department must be attached to the petition, unless
  498  waived pursuant to s. 63.062(7). The petition must be
  499  accompanied by a statement, signed by the prospective adoptive
  500  parents, acknowledging receipt of all information required to be
  501  disclosed under s. 63.085 and a form provided by the department
  502  which details the social and medical history of the child and
  503  each parent and includes the social security number and date of
  504  birth for each parent, if such information is available or
  505  readily obtainable. The prospective adoptive parents may not
  506  file a petition for adoption until the judgment terminating
  507  parental rights becomes final. An adoption proceeding under this
  508  subsection is governed by chapter 63.
  509         (7)(a)(6)(a) Once a child’s adoption is finalized, the
  510  department or its contracted licensed child-placing community
  511  based care lead agency must make a reasonable effort to contact
  512  the adoptive family by telephone 1 year after the date of
  513  finalization of the adoption as a postadoption service. For
  514  purposes of this subsection, the term “reasonable effort” means
  515  the exercise of reasonable diligence and care by the department
  516  or its contracted licensed child-placing community-based care
  517  lead agency to make contact with the adoptive family. At a
  518  minimum, the department or its contracted licensed child-placing
  519  agency must document the following:
  520         1. The number of attempts made by the department or its
  521  contracted licensed child-placing community-based care lead
  522  agency to contact the adoptive family and whether those attempts
  523  were successful;
  524         2. The types of postadoption services that were requested
  525  by the adoptive family and whether those services were provided
  526  by the department or its contracted licensed child-placing
  527  community-based care lead agency; and
  528         3. Any feedback received by the department or its
  529  contracted licensed child-placing community-based care lead
  530  agency from the adoptive family relating to the quality or
  531  effectiveness of the services provided.
  532         (b) The department or its contracted licensed child-placing
  533  community-based care lead agency must report annually to the
  534  department on the outcomes achieved and recommendations for
  535  improvement under this subsection.
  536         Section 10. Effective July 1, 2025, present subsections
  537  (12) through (19) of section 63.032, Florida Statutes, are
  538  redesignated as subsections (13) through (20), respectively, and
  539  a new subsection (12) is added to that section, to read:
  540         63.032 Definitions.—As used in this chapter, the term:
  541         (12)“Licensed child-placing agency” has the same meaning
  542  as in s. 39.01.
  543         Section 11. Subsection (7) of section 63.062, Florida
  544  Statutes, is amended to read:
  545         63.062 Persons required to consent to adoption; affidavit
  546  of nonpaternity; waiver of venue.—
  547         (7) If parental rights to the minor have previously been
  548  terminated, the adoption entity with which the minor has been
  549  placed for subsequent adoption may provide consent to the
  550  adoption. In such case, no other consent is required. If the
  551  minor has been permanently committed to the department for
  552  subsequent adoption, the department must consent to the adoption
  553  or, in the alternative, the court order finding that the
  554  department unreasonably withheld its consent entered under s.
  555  39.812(4) must be attached to the petition to adopt and the
  556  consent of the department shall be waived upon a determination
  557  by the court that such consent is being unreasonably withheld
  558  and if the petitioner must file has filed with the court a
  559  favorable preliminary adoptive home study as required under s.
  560  63.092.
  561         Section 12. Section 63.093, Florida Statutes, is amended to
  562  read:
  563         63.093 Adoption of children from the child welfare system.—
  564         (1) Beginning July 1, 2025, the department shall contract
  565  with one or more licensed child-placing agencies to provide
  566  adoptive services to prospective adoptive parents, to complete
  567  the adoption processes for children permanently committed to the
  568  department, and to support adoptive families. The department may
  569  permit a contracted licensed child-placing agency to subcontract
  570  the duties required in this section.
  571         (2) The department, through its contracted licensed child
  572  placing or community-based care lead agency as defined in s.
  573  409.986(3), or its subcontracted agency, must respond to an
  574  initial inquiry from a prospective adoptive parent within 7
  575  business days after receipt of the inquiry. The response must
  576  inform the prospective adoptive parent of the adoption process
  577  and the requirements for adopting a child from the child welfare
  578  system.
  579         (3)(2) The department, through its contracted licensed
  580  child-placing or community-based care lead agency, or its
  581  subcontracted agency, must refer a prospective adoptive parent
  582  who is interested in adopting a child in the custody of the
  583  department to a department-approved adoptive parent training
  584  program. A prospective adoptive parent must successfully
  585  complete the training program, unless the prospective adoptive
  586  parent is a licensed foster parent or a relative or nonrelative
  587  caregiver who has:
  588         (a) Attended the training program within the last 5 years;
  589  or
  590         (b) Had the child who is available for adoption placed in
  591  their home for 6 months or longer and has been determined to
  592  understand the challenges and parenting skills needed to
  593  successfully parent the child who is available for adoption.
  594         (4)(3) A prospective adoptive parent must complete an
  595  adoption application created by the department.
  596         (5)(4) Before a child is placed in an adoptive home, the
  597  department, through its contracted licensed child-placing
  598  community-based care lead agency or its subcontracted agency,
  599  must complete an adoptive home study of a prospective adoptive
  600  parent that includes observation, screening, and evaluation of
  601  the child and the prospective adoptive parent. An adoptive home
  602  study must be updated every is valid for 12 months from after
  603  the date on which the study was approved. If the child was
  604  placed before the termination of parental rights, the updated
  605  placement or licensing home study may serve as the adoption home
  606  study. In addition, the department, through its contracted
  607  licensed child-placing community-based care lead agency or its
  608  subcontracted agency, must complete a preparation process, as
  609  established by department rule, with the prospective adoptive
  610  parent.
  611         (6)(5) At the conclusion of the adoptive home study and
  612  preparation process, a decision shall be made about the
  613  prospective adoptive parent’s appropriateness to adopt. This
  614  decision shall be reflected in the final recommendation included
  615  in the adoptive home study. If the recommendation is for
  616  approval, the adoptive parent application file must be submitted
  617  to the department, through its contracted licensed child-placing
  618  community-based care lead agency or its subcontracted agency,
  619  for approval. The contracted licensed child-placing community
  620  based care lead agency or its subcontracted agency must approve
  621  or deny the home study within 14 business days after receipt of
  622  the recommendation.
  623         (7)The department shall adopt rules that eliminate
  624  duplicative practices and delays in the adoption home study
  625  process for active service members seeking to adopt in this
  626  state, including, but not limited to, giving credit for adoption
  627  classes that have been taken in another state that substantially
  628  complies with s. 409.175(14)(b).
  629         (8)By November 15 of each year, the department shall
  630  report to the Governor, the President of the Senate, and the
  631  Speaker of the House of Representatives on the status of
  632  adoptions in this state.
  633  
  634  Notwithstanding subsections (2) and (3) (1) and (2), this
  635  section does not apply to a child adopted through the process
  636  provided in s. 63.082(6).
  637         Section 13. Present subsection (6) of section 63.097,
  638  Florida Statutes, is redesignated as subsection (7), a new
  639  subsection (6) is added to that section, and subsection (3) of
  640  that section is amended, to read:
  641         63.097 Fees.—
  642         (3) Approval of the court is not required when until the
  643  total of amounts permitted under subsection (2) exceeds:
  644         (a) $2,500 $5,000 in legal or other fees;
  645         (b) $800 in court costs; or
  646         (c) $2,500 $5,000 in reasonable and necessary living and
  647  medical expenses.
  648         (6)Excluding reasonable, medically necessary expenses, the
  649  court may not approve the fees per child contemplated by this
  650  section if they exceed the total amount of the Federal Adoption
  651  Tax Credit for the current tax year.
  652         Section 14. Paragraph (a) of subsection (2) and subsection
  653  (3) of section 409.1451, Florida Statutes, are amended to read:
  654         409.1451 The Road-to-Independence Program.—
  655         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
  656         (a) A young adult is eligible for services and support
  657  under this subsection if he or she:
  658         1. Was living in licensed care on his or her 18th birthday
  659  or is currently living in licensed care; or was at least 14 16
  660  years of age and was adopted from foster care or placed with a
  661  court-approved dependency guardian after spending at least 6
  662  months in licensed care within the 12 months immediately
  663  preceding such placement or adoption;
  664         2. Spent at least 6 months in licensed care before reaching
  665  his or her 18th birthday;
  666         3. Earned a standard high school diploma pursuant to s.
  667  1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
  668  pursuant to s. 1003.435;
  669         4. Has been admitted for enrollment as a full-time student
  670  or its equivalent in an eligible postsecondary educational
  671  institution as provided in s. 1009.533. For purposes of this
  672  section, the term “full-time” means 9 credit hours or the
  673  vocational school equivalent. A student may enroll part-time if
  674  he or she has a recognized disability or is faced with another
  675  challenge or circumstance that would prevent full-time
  676  attendance. A student needing to enroll part-time for any reason
  677  other than having a recognized disability must get approval from
  678  his or her academic advisor;
  679         5. Has reached 18 years of age but is not yet 23 years of
  680  age;
  681         6. Has applied, with assistance from the young adult’s
  682  caregiver and the community-based lead agency, for any other
  683  grants and scholarships for which he or she may qualify;
  684         7. Submitted a Free Application for Federal Student Aid
  685  which is complete and error free; and
  686         8. Signed an agreement to allow the department and the
  687  community-based care lead agency access to school records.
  688         (3) AFTERCARE SERVICES.—
  689         (a)1. Aftercare services are available to a young adult who
  690  has reached 18 years of age but is not yet 23 years of age and
  691  is:
  692         a. Not in foster care.
  693         b. Temporarily not receiving financial assistance under
  694  subsection (2) to pursue postsecondary education.
  695         c.Eligible for either the Guardianship Assistance Program
  696  pursuant to s. 39.6225(9) or the adoption assistance program
  697  pursuant to s. 409.166(4)(d), but the young adult is not
  698  participating in either program.
  699         2. Subject to available funding, aftercare services as
  700  specified in subparagraph (b)8. are also available to a young
  701  adult who is between the ages of 18 and 22, is receiving
  702  financial assistance under subsection (2), is experiencing an
  703  emergency situation, and whose resources are insufficient to
  704  meet the emergency situation. Such assistance shall be in
  705  addition to any amount specified in paragraph (2)(b).
  706         (b) Aftercare services include, but are not limited to, the
  707  following:
  708         1. Mentoring and tutoring.
  709         2. Mental health services and substance abuse counseling.
  710         3. Life skills classes, including credit management and
  711  preventive health activities.
  712         4. Parenting classes.
  713         5. Job and career skills training.
  714         6. Counselor consultations.
  715         7. Temporary financial assistance for necessities,
  716  including, but not limited to, education supplies,
  717  transportation expenses, security deposits for rent and
  718  utilities, furnishings, household goods, and other basic living
  719  expenses.
  720         8. Temporary financial assistance to address emergency
  721  situations, including, but not limited to, automobile repairs or
  722  large medical expenses.
  723         9. Financial literacy skills training under s.
  724  39.6035(1)(c).
  725  
  726  The specific services to be provided under this paragraph shall
  727  be determined by an assessment of the young adult and may be
  728  provided by the community-based care provider or through
  729  referrals in the community.
  730         (c) Temporary assistance provided to prevent homelessness
  731  shall be provided as expeditiously as possible and within the
  732  limitations defined by the department.
  733         Section 15. Paragraph (d) of subsection (4) of section
  734  409.166, Florida Statutes, is amended to read:
  735         409.166 Children within the child welfare system; adoption
  736  assistance program.—
  737         (4) ADOPTION ASSISTANCE.—
  738         (d) Effective January 1, 2019, adoption assistance payments
  739  may be made for a child whose adoptive parent entered into an
  740  initial adoption assistance agreement after the child reached 14
  741  16 years of age but before the child reached 18 years of age.
  742  Such payments may be made until the child reaches age 21 if the
  743  child is:
  744         1. Completing secondary education or a program leading to
  745  an equivalent credential;
  746         2. Enrolled in an institution that provides postsecondary
  747  or vocational education;
  748         3. Participating in a program or activity designed to
  749  promote or eliminate barriers to employment;
  750         4. Employed for at least 80 hours per month; or
  751         5. Unable to participate in programs or activities listed
  752  in subparagraphs 1.-4. full time due to a physical, an
  753  intellectual, an emotional, or a psychiatric condition that
  754  limits participation. Any such barrier to participation must be
  755  supported by documentation in the child’s case file or school or
  756  medical records of a physical, an intellectual, an emotional, or
  757  a psychiatric condition that impairs the child’s ability to
  758  perform one or more life activities.
  759         Section 16. Effective July 1, 2025, section 409.1662,
  760  Florida Statutes, is repealed.
  761         Section 17. Section 409.1664, Florida Statutes, is amended
  762  to read:
  763         409.1664 Adoption benefits for qualifying adoptive
  764  employees of state agencies, veterans, servicemembers, and law
  765  enforcement officers, and health care practitioners.—
  766         (1) As used in this section, the term:
  767         (a) “Child within the child welfare system” has the same
  768  meaning as provided in s. 409.166(2).
  769         (b) “Health care practitioner” means a person listed in s.
  770  456.001(4) who holds an active status license from the
  771  Department of Health and whose individual income does not exceed
  772  $150,000.
  773         (c) “Qualifying adoptive employee” means a full-time or
  774  part-time employee of a state agency, a charter school
  775  established under s. 1002.33, or the Florida Virtual School
  776  established under s. 1002.37, who is not an independent
  777  contractor and who adopts a child within the child welfare
  778  system pursuant to chapter 63 on or after July 1, 2015. The term
  779  includes instructional personnel, as defined in s. 1012.01, who
  780  are employed by the Florida School for the Deaf and the Blind,
  781  and includes other-personal-services employees who have been
  782  continuously employed full time or part time by a state agency
  783  for at least 1 year.
  784         (d) “Servicemember” has the same meaning as in s.
  785  250.01(19).
  786         (e) “State agency” means a branch, department, or agency of
  787  state government for which the Chief Financial Officer processes
  788  payroll requisitions, a state university or Florida College
  789  System institution as defined in s. 1000.21, a school district
  790  unit as defined in s. 1001.30, or a water management district as
  791  defined in s. 373.019.
  792         (f) “Veteran” has the same meaning as in s. 1.01(14).
  793         (2) A qualifying adoptive employee, veteran, or
  794  servicemember, law enforcement officer, or health care
  795  practitioner who adopts a child within the child welfare system
  796  who is difficult to place as described in s. 409.166(2)(d)2. is
  797  eligible to receive a lump-sum monetary benefit in the amount of
  798  $25,000 $10,000 per such child, subject to applicable taxes. A
  799  law enforcement officer who adopts a child within the child
  800  welfare system who is difficult to place as described in s.
  801  409.166(2)(d)2. is eligible to receive a lump-sum monetary
  802  benefit in the amount of $25,000 per such child, subject to
  803  applicable taxes. A qualifying adoptive employee, veteran, or
  804  servicemember, law enforcement officer, or health care
  805  practitioner who adopts a child within the child welfare system
  806  who is not difficult to place as described in s. 409.166(2)(d)2.
  807  is eligible to receive a lump-sum monetary benefit in the amount
  808  of $10,000 $5,000 per such child, subject to applicable taxes. A
  809  law enforcement officer who adopts a child within the child
  810  welfare system who is not difficult to place as described in s.
  811  409.166(2)(d)2. is eligible to receive a lump-sum monetary
  812  benefit in the amount of $10,000 per each such child, subject to
  813  applicable taxes. A qualifying adoptive employee of a charter
  814  school or the Florida Virtual School may retroactively apply for
  815  the monetary benefit provided in this subsection if such
  816  employee was employed by a charter school or the Florida Virtual
  817  School when he or she adopted a child within the child welfare
  818  system pursuant to chapter 63 on or after July 1, 2015. A
  819  veteran or servicemember may apply for the monetary benefit
  820  provided in this subsection if he or she is domiciled in this
  821  state and adopts a child within the child welfare system
  822  pursuant to chapter 63 on or after July 1, 2020. A law
  823  enforcement officer may apply for the monetary benefit provided
  824  in this subsection if he or she is domiciled in this state and
  825  adopts a child within the child welfare system pursuant to
  826  chapter 63 on or after July 1, 2022. A health care practitioner
  827  may apply for the monetary benefit provided in this subsection
  828  if he or she is domiciled in this state and adopts a child in
  829  the child welfare system pursuant to chapter 63 on or after July
  830  1, 2024.
  831         (a) Benefits paid to a qualifying adoptive employee who is
  832  a part-time employee must be prorated based on the qualifying
  833  adoptive employee’s full-time equivalency at the time of
  834  applying for the benefits.
  835         (b) Monetary benefits awarded under this subsection are
  836  limited to one award per adopted child within the child welfare
  837  system.
  838         (c) The payment of a lump-sum monetary benefit for adopting
  839  a child within the child welfare system under this section is
  840  subject to a specific appropriation to the department for such
  841  purpose.
  842         (3) A qualifying adoptive employee must apply to his or her
  843  agency head, or to his or her school director in the case of a
  844  qualifying adoptive employee of a charter school or the Florida
  845  Virtual School, to obtain the monetary benefit provided in
  846  subsection (2). A veteran or servicemember must apply to the
  847  department to obtain the benefit. A law enforcement officer must
  848  apply to the Department of Law Enforcement to obtain the
  849  benefit. A health care practitioner must apply to the Department
  850  of Health to obtain the benefit. Applications must be on forms
  851  approved by the department and must include a certified copy of
  852  the final order of adoption naming the applicant as the adoptive
  853  parent. Monetary benefits shall be approved on a first-come,
  854  first-served basis based upon the date that each fully completed
  855  application is received by the department.
  856         (4) This section does not preclude a qualifying adoptive
  857  employee, veteran, servicemember, or law enforcement officer, or
  858  health care practitioner from receiving adoption assistance for
  859  which he or she may qualify under s. 409.166 or any other
  860  statute that provides financial incentives for the adoption of
  861  children.
  862         (5) Parental leave for a qualifying adoptive employee must
  863  be provided in accordance with the personnel policies and
  864  procedures of his or her employer.
  865         (6) The department may adopt rules to administer this
  866  section. The rules may provide for an application process such
  867  as, but not limited to, an open enrollment period during which
  868  qualifying adoptive employees, veterans, servicemembers, or law
  869  enforcement officers, or health care practitioners may apply for
  870  monetary benefits under this section.
  871         (7) The Chief Financial Officer shall disburse a monetary
  872  benefit to a qualifying adoptive employee upon the department’s
  873  submission of a payroll requisition. The Chief Financial Officer
  874  shall transfer funds from the department to a state university,
  875  a Florida College System institution, a school district unit, a
  876  charter school, the Florida Virtual School, or a water
  877  management district, as appropriate, to enable payment to the
  878  qualifying adoptive employee through the payroll systems as long
  879  as funds are available for such purpose.
  880         (8) To receive an approved monetary benefit under this
  881  section, a veteran or servicemember must be registered as a
  882  vendor with the state.
  883         (9) Each state agency shall develop a uniform procedure for
  884  informing employees about this benefit and for assisting the
  885  department in making eligibility determinations and processing
  886  applications. Any procedure adopted by a state agency is valid
  887  and enforceable if the procedure does not conflict with the
  888  express terms of this section.
  889         Section 18. Effective July 1, 2025, paragraph (a) of
  890  subsection (1) of section 409.988, Florida Statutes, is amended
  891  to read:
  892         409.988 Community-based care lead agency duties; general
  893  provisions.—
  894         (1) DUTIES.—A lead agency:
  895         (a)1. Shall serve:
  896         a. all children referred as a result of a report of abuse,
  897  neglect, or abandonment to the department’s central abuse
  898  hotline, including, but not limited to, children who are the
  899  subject of verified reports and children who are not the subject
  900  of verified reports but who are at moderate to extremely high
  901  risk of abuse, neglect, or abandonment, as determined using the
  902  department’s risk assessment instrument, regardless of the level
  903  of funding allocated to the lead agency by the state if all
  904  related funding is transferred.
  905         b. Children who were adopted from the child welfare system
  906  and whose families require postadoption supports.
  907         2.The lead agency may also serve children who have not
  908  been the subject of reports of abuse, neglect, or abandonment,
  909  but who are at risk of abuse, neglect, or abandonment, to
  910  prevent their entry into the child protection and child welfare
  911  system.
  912         Section 19. Except as otherwise expressly provided in this
  913  act, this act shall take effect July 1, 2024.