CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Campbell moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 13, between lines 6 and 7,
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16 insert:
17 Section 5. Section 39.703, Florida Statutes, 1998
18 Supplement, is amended to read:
19 39.703 Initiation of termination of parental rights
20 proceedings; judicial review.--
21 (1) If, in preparation for any judicial review hearing
22 under this chapter, it is the opinion of the social service
23 agency that the parents of the child have not complied with
24 their responsibilities as specified in the written case plan
25 although able to do so, the department social service agency
26 shall state its intent to initiate proceedings to terminate
27 parental rights, unless the social service agency can
28 demonstrate to the court that such a recommendation would not
29 be in the child's best interests. If it is the intent of the
30 department or licensed child-placing agency to initiate
31 proceedings to terminate parental rights, the department or
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1 licensed child-placing agency shall file a petition for
2 termination of parental rights no later than 3 months after
3 the date of the previous judicial review hearing. If the
4 petition cannot be filed within 3 months, the department or
5 licensed child-placing agency shall provide a written report
6 to the court outlining the reasons for delay, the progress
7 made in the termination of parental rights process, and the
8 anticipated date of completion of the process.
9 (2) If, at the time of the 12-month judicial review
10 hearing, a child is not returned to the physical custody of
11 the parents, caregivers, or legal custodians, the department
12 social service agency shall initiate termination of parental
13 rights proceedings under this chapter within 30 days. Only if
14 the court finds that the situation of the child is so
15 extraordinary and that the best interests of the child will be
16 met by such action at the time of the judicial review may the
17 case plan be extended. If the court decides to extend the
18 plan, the court shall enter detailed findings justifying the
19 decision to extend, as well as the length of the extension. A
20 termination of parental rights petition need not be filed if:
21 the child is being cared for by a relative who chooses not to
22 adopt the child; the court determines that filing such a
23 petition would not be in the best interests of the child; or
24 the state has not provided the child's family, when reasonable
25 efforts to return a child are required, consistent with the
26 time period in the state's case plan, such services as the
27 state deems necessary for the safe return of the child to his
28 or her home. Failure to initiate termination of parental
29 rights proceedings at the time of the 12-month judicial review
30 or within 30 days after such review does not prohibit
31 initiating termination of parental rights proceedings at any
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1 other time.
2 Section 6. Subsections (1) and (2) of section 39.802,
3 Florida Statutes, 1998 Supplement, are amended to read:
4 39.802 Petition for termination of parental rights;
5 filing; elements.--
6 (1) All proceedings seeking an adjudication to
7 terminate parental rights pursuant to this chapter must be
8 initiated by the filing of an original petition by the
9 department, the guardian ad litem, or a licensed child-placing
10 agency or by any other person who has knowledge of the facts
11 alleged or is informed of them and believes that they are
12 true.
13 (2) The form of the petition is governed by the
14 Florida Rules of Juvenile Procedure. The petition must be in
15 writing and signed by the petitioner or, if the department is
16 the petitioner, by an employee of the department, under oath
17 stating the petitioner's good faith in filing the petition.
18 Section 7. Subsection (1) of section 39.806, Florida
19 Statutes, 1998 Supplement, is amended to read:
20 39.806 Grounds for termination of parental rights.--
21 (1) The department, the guardian ad litem, a licensed
22 child-placing agency, or any person who has knowledge of the
23 facts alleged or who is informed of said facts and believes
24 that they are true, may petition for the termination of
25 parental rights under any of the following circumstances:
26 (a) When the parent or parents voluntarily executed a
27 written surrender of the child and consented to the entry of
28 an order giving custody of the child to the department or to a
29 licensed child-placing agency for subsequent adoption and the
30 department or licensed child-placing agency is willing to
31 accept custody of the child.
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1 1. The surrender document must be executed before two
2 witnesses and a notary public or other person authorized to
3 take acknowledgments.
4 2. The surrender and consent may be withdrawn after
5 acceptance by the department or licensed child-placing agency
6 only after a finding by the court that the surrender and
7 consent were obtained by fraud or duress.
8 (b) When the identity or location of the parent or
9 parents is unknown and cannot be ascertained by diligent
10 search within 90 days.
11 (c) When the parent or parents engaged in conduct
12 toward the child or toward other children that demonstrates
13 that the continuing involvement of the parent or parents in
14 the parent-child relationship threatens the life, safety,
15 well-being, or physical, mental, or emotional health of the
16 child irrespective of the provision of services. Provision of
17 services may be evidenced by proof that services were provided
18 through a previous plan or offered as a case plan from a child
19 welfare agency.
20 (d) When the parent of a child is incarcerated in a
21 state or federal correctional institution and:
22 1. The period of time for which the parent is expected
23 to be incarcerated will constitute a substantial portion of
24 the period of time before the child will attain the age of 18
25 years;
26 2. The incarcerated parent has been determined by the
27 court to be a violent career criminal as defined in s.
28 775.084, a habitual violent felony offender as defined in s.
29 775.084, or a sexual predator as defined in s. 775.21; has
30 been convicted of first degree or second degree murder in
31 violation of s. 782.04 or a sexual battery that constitutes a
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1 capital, life, or first degree felony violation of s. 794.011;
2 or has been convicted of an offense in another jurisdiction
3 which is substantially similar to one of the offenses listed
4 in this paragraph. As used in this section, the term
5 "substantially similar offense" means any offense that is
6 substantially similar in elements and penalties to one of
7 those listed in this paragraph, and that is in violation of a
8 law of any other jurisdiction, whether that of another state,
9 the District of Columbia, the United States or any possession
10 or territory thereof, or any foreign jurisdiction; and
11 3. The court determines by clear and convincing
12 evidence that continuing the parental relationship with the
13 incarcerated parent would be harmful to the child and, for
14 this reason, that termination of the parental rights of the
15 incarcerated parent is in the best interest of the child.
16 (e) A petition for termination of parental rights may
17 also be filed when a child has been adjudicated dependent, a
18 case plan has been filed with the court, and the child
19 continues to be abused, neglected, or abandoned by the
20 parents. In this case, the failure of the parents to
21 substantially comply for a period of 12 months after an
22 adjudication of the child as a dependent child constitutes
23 evidence of continuing abuse, neglect, or abandonment unless
24 the failure to substantially comply with the case plan was due
25 either to the lack of financial resources of the parents or to
26 the failure of the department to make reasonable efforts to
27 reunify the family. Such 12-month period may begin to run only
28 after the entry of a disposition order placing the custody of
29 the child with the department or a person other than the
30 parent and the approval by the court of a case plan with a
31 goal of reunification with the parent.
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1 (f) When the parent or parents engaged in egregious
2 conduct or had the opportunity and capability to prevent and
3 knowingly failed to prevent egregious conduct that threatens
4 the life, safety, or physical, mental, or emotional health of
5 the child or the child's sibling.
6 1. As used in this subsection, the term "sibling"
7 means another child who resides with or is cared for by the
8 parent or parents regardless of whether the child is related
9 legally or by consanguinity.
10 2. As used in this subsection, the term "egregious
11 conduct" means abuse, abandonment, neglect, or any other
12 conduct of the parent or parents that is deplorable, flagrant,
13 or outrageous by a normal standard of conduct. Egregious
14 conduct may include an act or omission that occurred only once
15 but was of such intensity, magnitude, or severity as to
16 endanger the life of the child.
17 (g) When the parent or parents have subjected the
18 child to aggravated child abuse as defined in s. 827.03,
19 sexual battery or sexual abuse as defined in s. 39.01, or
20 chronic abuse.
21 (h) When the parent or parents have committed murder
22 or voluntary manslaughter of another child of the parent, or a
23 felony assault that results in serious bodily injury to the
24 child or another child of the parent, or aided or abetted,
25 attempted, conspired, or solicited to commit such a murder or
26 voluntary manslaughter or felony assault.
27 (i) When the parental rights of the parent to a
28 sibling have been terminated involuntarily.
29 Section 8. Subsections (2) and (8) of section 39.811,
30 Florida Statutes, 1998 Supplement, are amended to read:
31 39.811 Powers of disposition; order of disposition.--
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1 (2) If the child is in out-of-home care custody of the
2 department and the court finds that the grounds for
3 termination of parental rights have been established by clear
4 and convincing evidence, the court shall, by order, place the
5 child in the custody of the department for the purpose of
6 adoption or place the child in the custody of a licensed
7 child-placing agency for the purpose of adoption.
8 (8) If the court terminates parental rights, it shall,
9 in its order of disposition, provide for a hearing, to be
10 scheduled no later than 30 days after the date of disposition,
11 in which the department or the licensed child-placing agency
12 shall provide to the court a plan for permanency for the
13 child. Reasonable efforts must be made to place the child in a
14 timely manner in accordance with the permanency plan and to
15 complete whatever steps are necessary to finalize the
16 permanent placement of the child. Thereafter, until the
17 adoption of the child is finalized or the child reaches the
18 age of 18 years, whichever occurs first, the court shall hold
19 hearings at 6-month intervals to review the progress being
20 made toward permanency for the child.
21 Section 9. Section 39.812, Florida Statutes, 1998
22 Supplement, is amended to read:
23 39.812 Postdisposition relief; petition for
24 adoption.--
25 (1) If A licensed child-placing agency or the
26 department which is given custody of a child for subsequent
27 adoption in accordance with this chapter, the department may
28 place the child with an agency as defined in s. 63.032, with a
29 child-caring agency registered under s. 409.176, or in a
30 family home for prospective subsequent adoption., and the
31 licensed child-placing agency or The department may thereafter
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1 become a party to any proceeding for the legal adoption of the
2 child and appear in any court where the adoption proceeding is
3 pending and consent to the adoption,; and that consent alone
4 shall in all cases be sufficient.
5 (2) In any subsequent adoption proceeding, the parents
6 are shall not be entitled to any notice of the proceeding and
7 are not thereof, nor shall they be entitled to knowledge at
8 any time after the order terminating parental rights is
9 entered of the whereabouts of the child or of the identity or
10 location of any person having the custody of or having adopted
11 the child, except as provided by order of the court pursuant
12 to this chapter or chapter 63.; and In any habeas corpus or
13 other proceeding involving the child brought by any parent of
14 the child, an no agent or contract provider of the licensed
15 child-placing agency or department may not shall be compelled
16 to divulge that information, but may be compelled to produce
17 the child before a court of competent jurisdiction if the
18 child is still subject to the guardianship of the licensed
19 child-placing agency or department.
20 (3) The entry of the custody order to the department
21 does or licensed child-placing agency shall not entitle the
22 licensed child-placing agency or department to guardianship of
23 the estate or property of the child, but the licensed
24 child-placing agency or department shall be the guardian of
25 the person of the child.
26 (4) The court shall retain jurisdiction over any child
27 placed in the custody of for whom custody is given to a
28 licensed child-placing agency or to the department until the
29 child is adopted. After custody of a child for subsequent
30 adoption has been given to an agency or the department, the
31 court has jurisdiction for the purpose of reviewing the status
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1 of the child and the progress being made toward permanent
2 adoptive placement. As part of this continuing jurisdiction,
3 for good cause shown by the guardian ad litem for the child,
4 the court may review the appropriateness of the adoptive
5 placement of the child.
6 (5) The petition for adoption must be filed in the
7 division of the circuit court which entered the judgment
8 terminating parental rights, unless a motion for change of
9 venue is granted pursuant to s. 47.122. A copy of the consent
10 executed by the department as required under s. 63.062(7) must
11 be attached to the petition. The petition must be accompanied
12 by a form provided by the department which details the social
13 and medical history of the child and each parent and includes
14 the social security number and date of birth for each parent,
15 if such information is available or readily obtainable. The
16 person seeking to adopt the child may not file a petition for
17 adoption until the judgment terminating parental rights
18 becomes final. An adoption proceeding under this subsection is
19 governed by chapter 63, as limited under s. 63.037.
20 Section 10. Section 63.022, Florida Statutes, 1998
21 Supplement, is amended to read:
22 63.022 Legislative intent.--
23 (1) It is the intent of the Legislature to protect and
24 promote the well-being of persons being adopted and their
25 birth and adoptive parents and to provide to all children who
26 can benefit by it a permanent family life, and, whenever
27 possible, to maintain sibling groups.
28 (2) The basic safeguards intended to be provided by
29 this chapter act are that:
30 (a) The minor child is legally free for adoption.
31 (b) The required persons consent to the adoption or
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1 the parent-child relationship is terminated by judgment of the
2 court.
3 (c) The required social studies are completed and the
4 court considers the reports of these studies prior to judgment
5 on adoption petitions.
6 (d) All placements of minors for adoption are reported
7 to the Department of Children and Family Services.
8 (e) A sufficient period of time elapses during which
9 the minor child has lived within the proposed adoptive home
10 under the guidance of the department, a child-caring agency
11 registered under s. 409.176, or a licensed child-placing
12 agency.
13 (f) All expenditures by adoption entities
14 intermediaries placing, and persons independently adopting, a
15 minor are reported to the court and become a permanent record
16 in the file of the adoption proceedings.
17 (g) Social and medical information concerning the
18 minor child and the birth parents is furnished by the birth
19 parent when available and filed with the court before a final
20 hearing on a petition to terminate parental rights pending
21 adoption consent to the adoption when a minor is placed by an
22 intermediary.
23 (h) A new birth certificate is issued after entry of
24 the adoption judgment.
25 (i) At the time of the hearing, the court may is
26 authorized to order temporary substitute care when it
27 determines that the minor is in an unsuitable home.
28 (j) The records of all proceedings concerning custody
29 and adoption of a minor children are confidential and exempt
30 from the provisions of s. 119.07(1), except as provided in s.
31 63.162.
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1 (k) The birth parent, the prospective adoptive parent,
2 and the minor child receive the same or similar safeguards,
3 guidance, counseling, and supervision in all adoptions an
4 intermediary adoption as they receive in an agency or
5 department adoption.
6 (l) In all matters coming before the court under
7 pursuant to this chapter act, the court shall enter such
8 orders as it deems necessary and suitable to promote and
9 protect the best interests of the person to be adopted.
10 (m) In dependency cases initiated by the department,
11 where termination of parental rights occurs, and siblings are
12 separated despite diligent efforts of the department,
13 continuing postadoption communication or contact among the
14 siblings may be ordered by the court if found to be in the
15 best interests of the children.
16 Section 11. Section 63.032, Florida Statutes, is
17 amended to read:
18 63.032 Definitions.--As used in this chapter act,
19 unless the context otherwise requires, the term:
20 (1)(14) "Abandoned" means a situation in which the
21 parent or person having legal custody legal custodian of a
22 child, while being able, makes no provision for the child's
23 support and makes no effort to communicate with the child,
24 which situation is sufficient to evince a willful rejection of
25 parental obligations. If, in the opinion of the court, the
26 efforts of such parent or person having legal custody of the
27 child legal custodian to support and communicate with the
28 child are only marginal efforts that do not evince a settled
29 purpose to assume all parental duties, the court may declare
30 the child to be abandoned. In making this decision, the court
31 may consider the conduct of a father towards the child's
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1 mother during her pregnancy.
2 (2)(10) "Adoption" means the act of creating the legal
3 relationship between parent and child where it did not exist,
4 thereby declaring the child to be legally the child of the
5 adoptive parents and their heir at law and entitled to all the
6 rights and privileges and subject to all the obligations of a
7 child born to such adoptive parents in lawful wedlock.
8 (3) "Adoption entity" means the department, an agency,
9 a child-caring agency registered under s. 409.176, or an
10 intermediary.
11 (4)(5) "Adult" means a person who is not a minor.
12 (5)(7) "Agency" means any child-placing agency
13 licensed by the department pursuant to s. 63.202 to place
14 minors for adoption.
15 (6)(2) "Child" means a son or daughter, whether by
16 birth or adoption.
17 (7)(3) "Court" means any circuit court of this state
18 and, when the context requires, the court of any state that is
19 empowered to grant petitions for adoption.
20 (8)(1) "Department" means the Department of Children
21 and Family Services.
22 (9)(8) "Intermediary" means an attorney or physician
23 who is licensed or authorized to practice in this state and
24 who is placing or intends to place a child for adoption or,
25 for the purpose of adoptive placements of children from out of
26 state with citizens of this state, a child-placing agency
27 licensed in another state that is qualified by the department.
28 (10) "Legal custody" has the meaning ascribed in s.
29 39.01.
30 (11)(4) "Minor" means a person under the age of 18
31 years.
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1 (12) "Parent" has the same meaning ascribed in s.
2 39.01.
3 (13)(6) "Person" includes a natural person,
4 corporation, government or governmental subdivision or agency,
5 business trust, estate, trust, partnership, or association,
6 and any other legal entity.
7 (14) "Relative" has the same meaning ascribed in s.
8 39.01.
9 (15)(9) "To place" or "placement" means the process of
10 a person giving a child up for adoption and the prospective
11 parents receiving and adopting the child, and includes all
12 actions by any person or adoption entity agency participating
13 in the process.
14 (16)(13) "Primarily lives and works outside Florida"
15 means anyone who does not meet the definition of "primary
16 residence and place of employment in Florida."
17 (17)(12) "Primary residence and place of employment in
18 Florida" means a person lives and works in this state at least
19 6 months of the year and intends to do so for the foreseeable
20 future or military personnel who designate Florida as their
21 place of residence in accordance with the Soldiers' and
22 Sailors' Civil Relief Act of 1940 or employees of the United
23 States Department of State living in a foreign country who
24 designate Florida as their place of residence.
25 (18)(11) "Suitability of the intended placement"
26 includes the fitness of the intended placement, with primary
27 consideration being given to the welfare of the child; the
28 fitness and capabilities of the adoptive parent or parents to
29 function as parent or parents for a particular child; any
30 familial relationship between the child and the prospective
31 placement; and the compatibility of the child with the home in
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1 which the child is intended to be placed.
2 Section 12. Section 63.037, Florida Statutes, is
3 created to read:
4 63.037 Proceedings applicable to cases resulting from
5 a termination of parental rights under chapter 39.--A case in
6 which a minor becomes available for adoption after the
7 parental rights of each parent have been terminated by a
8 judgment entered pursuant to chapter 39 shall be governed by
9 s. 39.812 and this chapter. Adoption proceedings initiated
10 under chapter 39 are exempt from the following provisions of
11 this chapter: disclosure requirements for the adoption entity
12 provided in s. 63.085; general provisions governing
13 termination of parental rights pending adoption provided in s.
14 63.087; notice and service provisions governing termination of
15 parental rights pending adoption provided in s. 63.088; and
16 procedures for terminating parental rights pending adoption
17 provided in s. 63.089.
18 Section 13. Section 63.039, Florida Statutes, is
19 created to read:
20 63.039 Duty of adoption entity to prospective adoptive
21 parents; sanctions.--
22 (1) An adoption entity placing a minor for adoption
23 has an affirmative duty to follow the requirements of this
24 chapter; specifically, the following provisions, which protect
25 and promote the well-being of persons being adopted and their
26 parents and prospective adoptive parents by promoting
27 certainty, finality, and permanency for such persons. The
28 adoption entity must:
29 (a) Provide written initial disclosure to the
30 prospective adoptive parent at the time and in the manner
31 required under s. 63.085.
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1 (b) Provide written initial and postbirth disclosure
2 to the parent at the time and in the manner required under s.
3 63.085.
4 (c) When a written consent for adoption is obtained,
5 obtain the consent at the time and in the manner required
6 under s. 63.082.
7 (d) When a written consent or affidavit of
8 nonpaternity for adoption is obtained, obtain a consent to
9 adoption or affidavit of nonpaternity that contains the
10 language required under s. 63.062 or s. 63.082.
11 (e) Include in the petition to terminate parental
12 rights pending adoption all information required under s.
13 63.087(6)(e) and (f).
14 (f) Obtain and file the affidavit of inquiry pursuant
15 to s. 63.088(3), if the required inquiry is not conducted
16 orally in the presence of the court.
17 (g) When the identity of a person whose consent to
18 adoption is necessary under this chapter is known but the
19 location of such a person is unknown, conduct the diligent
20 search and file the affidavit required under s. 63.088(4).
21 (h) Serve the petition and notice of hearing to
22 terminate parental rights pending adoption at the time and in
23 the manner required by s. 63.088.
24 (i) Obtain the written waiver of venue required under
25 s. 63.062 in cases involving a child younger than 6 months of
26 age in which venue for the termination of parental rights will
27 be located in a county other than the county where the parent
28 whose rights are to be terminated resides.
29 (2) An adoption entity that materially fails to meet a
30 duty specified in subsection (1) may be liable to the
31 prospective adoptive parents for all sums paid by the
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1 prospective adoptive parents or on their behalf in
2 anticipation of or in connection with an adoption upon a
3 showing by the moving party that actual injury was caused by
4 the material failure.
5 (3) If a court finds that a consent or an affidavit of
6 nonpaternity taken under this chapter was obtained by fraud or
7 duress attributable to the adoption entity, the court must
8 award all sums paid by the prospective adoptive parents or on
9 their behalf in anticipation of or in connection with the
10 adoption. The court may also award reasonable attorney's fees
11 and costs incurred by the prospective adoptive parents in
12 connection with the adoption and any litigation related to
13 placement or adoption of a minor. An award under this
14 subsection must be paid directly to the prospective adoptive
15 parents by the adoption entity or by any applicable insurance
16 carrier on behalf of the adoption entity.
17 (4) If a person whose consent to an adoption is
18 required under s. 63.062 prevails in an action to set aside a
19 consent to adoption, a judgment terminating parental rights
20 pending adoption, or a judgment of adoption, the court must
21 award a reasonable attorney's fee to the prevailing party. An
22 award under this subsection must be paid by the adoption
23 entity or by any applicable insurance carrier on behalf of the
24 adoption entity if the court finds that the acts or omissions
25 of the entity were the basis for the court's order granting
26 relief to the prevailing party.
27 (5) The court must provide to The Florida Bar any
28 order that imposes sanctions under this section against an
29 attorney acting as an adoption agency or as an intermediary.
30 The court must provide to the Department of Children and
31 Family Services any order that imposes sanctions under this
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1 section against an agency. The order must be provided within
2 30 days after the date that the order was issued.
3 Section 14. Subsection (1) of section 63.0425, Florida
4 Statutes, is amended to read:
5 63.0425 Grandparent's right to adopt.--
6 (1) When a child who has lived with a grandparent for
7 at least 6 months is placed for adoption, the adoption entity
8 agency or intermediary handling the adoption shall notify that
9 grandparent of the impending adoption before the petition for
10 adoption is filed. If the grandparent petitions the court to
11 adopt the child, the court shall give first priority for
12 adoption to that grandparent.
13 Section 15. Section 63.052, Florida Statutes, 1998
14 Supplement, is amended to read:
15 63.052 Guardians designated; proof of commitment.--
16 (1) For minors who have been placed for adoption with
17 and permanently committed to an agency as defined in s. 63.032
18 or a child-caring agency registered under s. 409.176, such the
19 agency shall be the guardian of the person of the minor child;
20 for those who have been placed for adoption with and
21 permanently committed to the department, the department shall
22 be the guardian of the person of the minor child.
23 (2) For minors who have been voluntarily surrendered
24 to an intermediary through an execution of consent to
25 adoption, the intermediary shall be responsible for the minor
26 child until the time a court orders preliminary approval of
27 placement of the minor child in the prospective adoptive home,
28 at which time the prospective adoptive parents become
29 guardians pending finalization of adoption. Until a court has
30 terminated parental rights pending adoption and has ordered
31 preliminary approval of placement of the minor in the adoptive
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1 home, the minor must be placed in the care of a relative as
2 defined in s. 39.01, in foster care, or in the care of a
3 prospective adoptive home. No minor shall be placed in a
4 prospective adoptive home until that home has received a
5 favorable preliminary home study by a licensed child-placing
6 agency, a licensed professional, or an agency, as provided in
7 s. 63.092, within 1 year before such placement in the
8 prospective home. Temporary placement in the prospective home
9 with the prospective adoptive parents does not give rise to a
10 presumption that the parental rights of the parents will
11 subsequently be terminated.
12 (2) For minors who have been placed for adoption with
13 or voluntarily surrendered to an agency, but have not been
14 permanently committed to the agency, the agency shall have the
15 responsibility and authority to provide for the needs and
16 welfare for such minors. For those minors placed for adoption
17 with or voluntarily surrendered to the department, but not
18 permanently committed to the department, the department shall
19 have the responsibility and authority to provide for the needs
20 and welfare for such minors. The adoption entity may
21 department, an intermediary, or a licensed child-placing
22 agency has the authority to authorize all appropriate medical
23 care for a minor the children who has have been placed for
24 adoption with or voluntarily surrendered to the adoption
25 entity them. The provisions of s. 627.6578 shall remain in
26 effect notwithstanding the guardianship provisions in this
27 section.
28 (3) If a minor is surrendered to an intermediary for
29 subsequent adoption and a suitable prospective adoptive home
30 is not available pursuant to s. 63.092 at the time the minor
31 is surrendered to the intermediary or, if the minor is a
18
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SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
1 newborn admitted to a licensed hospital or birth center, at
2 the time the minor is discharged from the hospital or birth
3 center, the minor must be placed in licensed foster care, the
4 intermediary shall be responsible for the child until such a
5 suitable prospective adoptive home is available.
6 (4) If a minor child is voluntarily surrendered to an
7 adoption entity intermediary for subsequent adoption and the
8 adoption does not become final within 180 days, the adoption
9 entity intermediary must report to the court on the status of
10 the minor child and the court may at that time proceed under
11 s. 39.701 or take action reasonably necessary to protect the
12 best interest of the minor child.
13 (5) The recital in the written consent given by the
14 department that the minor child sought to be adopted has been
15 permanently committed to the department shall be prima facie
16 proof of such commitment. The recital in the written consent
17 given by a licensed child-placing agency or the declaration in
18 an answer or recommendation filed by a licensed child-placing
19 agency that the minor child has been permanently committed and
20 the child-placing agency is duly licensed by the department
21 shall be prima facie proof of such commitment and of such
22 license.
23 (6) Unless otherwise authorized by law, the department
24 is not responsible for expenses incurred by other adoption
25 entities licensed child-placing agencies or intermediaries
26 participating in placement of a minor child for the purposes
27 of adoption.
28 (7) The court retains jurisdiction of a minor who has
29 been placed for adoption until the adoption is final. After a
30 minor is placed with an adoption entity or prospective
31 adoptive parent, the court may review the status of the minor
19
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SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
1 and the progress toward permanent adoptive placement. As part
2 of this continuing jurisdiction, for good cause shown by a
3 person whose consent to an adoption is required under s.
4 63.062, the adoption entity, the parents, persons having legal
5 custody of the minor, persons with custodial or visitation
6 rights to the minor, persons entitled to notice pursuant to
7 the Uniform Child Custody Jurisdiction Act or the Indian Child
8 Welfare Act, or upon the court's own motion, the court may
9 review the appropriateness of the adoptive placement of the
10 minor.
11 Section 16. Section 63.062, Florida Statutes, is
12 amended to read:
13 63.062 Persons required to consent to adoption;
14 affidavit of nonpaternity; waiver of venue.--
15 (1) Unless supported by one or more of the grounds
16 enumerated under s. 63.089(3) consent is excused by the court,
17 a petition to terminate parental rights pending adoption adopt
18 a minor may be granted only if written consent has been
19 executed as provided in s. 63.082 after the birth of the minor
20 or notice has been served under s. 63.088 to by:
21 (a) The mother of the minor.
22 (b) The father of the minor, if:
23 1. The minor was conceived or born while the father
24 was married to the mother;.
25 2. The minor is his child by adoption; or.
26 3. The minor has been established by court proceeding
27 to be his child.
28 (c) If there is no father as set forth in paragraph
29 (b), any man established to be the father of the child by
30 scientific tests that are generally acceptable within the
31 scientific community to show a probability of paternity.
20
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Bill No. CS for SB 1598
Amendment No.
1 (d) If there is no father as set forth in paragraph
2 (b) or paragraph (c), any man who the mother has reason to
3 believe may be the father of the minor and who:
4 1.4. He Has acknowledged in writing, signed in the
5 presence of a competent witness, that he is the father of the
6 minor and has filed such acknowledgment with the Office of
7 Vital Statistics of the Department of Health;.
8 2.5. He Has provided, or has attempted to provide, the
9 child or the mother during her pregnancy with support in a
10 repetitive, customary manner; or.
11 3. Has been identified by the birth mother as a person
12 she has reason to believe may be the father of the minor in an
13 action to terminate parental rights pending adoption pursuant
14 to this chapter.
15 (e) Any person who is a party in any pending
16 proceeding in which paternity, custody, or termination of
17 parental rights regarding the minor is at issue.
18 (f)(c) The minor, if more than 12 years of age, unless
19 the court in the best interest of the minor dispenses with the
20 minor's consent.
21 (2) Any person whose consent is required under
22 paragraph (1)(c) or paragraph (1)(d) may execute an affidavit
23 of nonpaternity in lieu of a consent under this section and by
24 doing so waives notice to all court proceedings after the date
25 of execution. An affidavit of nonpaternity must be executed as
26 provided in s. 63.082. The person executing the affidavit must
27 receive disclosure under s. 63.085 prior to signing the
28 affidavit.
29 (3) A person who signs a consent to adoption or an
30 affidavit of nonpaternity must be given reasonable notice of
31 his or her right to select a person who does not have an
21
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SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
1 employment, professional, or personal relationship with the
2 adoption entity or the prospective adoptive parents to be
3 present when the consent to adoption or affidavit of
4 nonpaternity is executed and to sign the consent or affidavit
5 as a witness.
6 (4) An affidavit of nonpaternity must be in
7 substantially the following form:
8
9 AFFIDAVIT OF NONPATERNITY
10
11 1. I have personal knowledge of the facts
12 stated in this affidavit.
13 2. I have been told that .... has a
14 child. I shall not establish or claim paternity
15 for this child, whose name is ... and whose
16 date of birth is ....
17 3. The child referenced in this affidavit
18 was not conceived or born while the birth
19 mother was married to me. I AM NOT MARRIED TO
20 THE BIRTH MOTHER, nor do I intend to marry the
21 birth mother.
22 4. With respect to the child referenced
23 in this affidavit, I have not provided the
24 birth mother with child support or prebirth
25 support; I have not provided her with prenatal
26 care or assisted her with medical expenses; I
27 have not provided the birth mother or her child
28 or unborn child with support of any kind, nor
29 do I intend to do so.
30 5. I have no interest in assuming the
31 responsibilities of parenthood for this child.
22
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SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
1 I will not acknowledge in writing that I am the
2 father of this child nor institute court
3 proceedings to establish the child as mine.
4 6. I do not object to any decision or
5 arrangements .... makes regarding this child,
6 including adoption.
7 7. I have been told of my right to choose
8 a person who does not have an employment,
9 professional, or personal relationship with the
10 adoption entity or the prospective adoptive
11 parents to be present when this affidavit is
12 executed and to sign it as a witness.
13
14 I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO
15 TERMINATE PARENTAL RIGHTS OR FINALIZE AN
16 ADOPTION UNDER CHAPTER 63, FLORIDA STATUTES.
17
18 (5)(2) The court may require that consent be executed
19 by:
20 (a) Any person lawfully entitled to custody of the
21 minor; or
22 (b) The court having jurisdiction to determine custody
23 of the minor, if the person having physical custody of the
24 minor has no authority to consent to the adoption.
25 (6)(3) The petitioner must make good faith and
26 diligent efforts as provided under s. 63.088 to notify, and
27 obtain written consent from, the persons required to consent
28 to adoption under this section within 60 days after filing the
29 petition. These efforts may include conducting interviews and
30 record searches to locate those persons, including verifying
31 information related to location of residence, employment,
23
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SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
1 service in the Armed Forces, vehicle registration in this
2 state, and corrections records.
3 (7)(4) If parental rights to the minor have previously
4 been terminated, a licensed child-placing agency, a
5 child-caring agency registered under s. 409.176, or the
6 department with which the minor child has been placed for
7 subsequent adoption may provide consent to the adoption. In
8 such case, no other consent is required.
9 (8)(5) A petition to adopt an adult may be granted if:
10 (a) Written consent to adoption has been executed by
11 the adult and the adult's spouse, if any.
12 (b) Written consent to adoption has been executed by
13 the birth parents, if any, or proof of service of process has
14 been filed, showing notice has been served on the parents as
15 provided in this chapter section.
16 (9)(a) In cases involving a child younger than 6
17 months of age in which venue for the termination of parental
18 rights may be located in a county other than where the parent
19 whose rights are to be terminated resides, the adoption entity
20 must obtain, from any party executing an affidavit of
21 nonpaternity or consent, a waiver of venue, which must be
22 filed with the petition and must be in substantially the
23 following form:
24
25 WAIVER OF VENUE
26
27
28 I understand that I have the right to require
29 that the Petition to terminate my parental
30 rights be filed in the county where I reside. I
31 waive such right so that the Petition to
24
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SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
1 Terminate Parental Rights may be filed by
2 ...(adoption entity)... in ...(county name)...
3 county, Florida.
4
5 I understand that, after signing this waiver, I
6 may object to the county where the proceedings
7 to terminate my parental rights will be held by
8 appearing at the hearing or by filing a written
9 objection, on the attached form, with the Clerk
10 of the Court who is located at ...(address of
11 court).... If I later object to this transfer
12 of venue, the case will be transferred to a
13 county in Florida in which I reside. If I have
14 no such residence, the case will be transferred
15 to a county where another parent resides or
16 where at least one parent resided at the time
17 of signing a consent or affidavit of
18 nonpaternity.
19
20 (b)1. The waiver of venue must be a separate document
21 containing no consents, disclosures, or other information
22 unrelated to venue.
23 2. Adoption entities must attach to the waiver of
24 venue a form that the parent whose rights are to be terminated
25 may use to request a transfer of venue for the proceeding.
26 This form must contain the intended caption of the action for
27 termination of parental rights and information identifying the
28 child which will be sufficient for the clerk to properly file
29 the form upon receipt.
30 3. This form must include a notice that if an adoption
31 entity knows that a parent whose rights will be terminated
25
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SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
1 intends to object to the termination but intentionally files
2 the petition for termination of parental rights in a county
3 which is not consistent with the required venue under such
4 circumstances, the adoption entity shall be responsible for
5 the attorney's fees of the parent contesting the transfer of
6 venue.
7 Section 17. Section 63.082, Florida Statutes, is
8 amended to read:
9 63.082 Execution of consent to adoption or affidavit
10 of nonpaternity; family social and medical history; withdrawal
11 of consent.--
12 (1) Consent to an adoption or an affidavit of
13 nonpaternity shall be executed as follows:
14 (a) If by the person to be adopted, by oral or written
15 statement in the presence of the court or by being
16 acknowledged before a notary public.
17 (b) If by an agency, by affidavit from its authorized
18 representative.
19 (c) If by any other person, in the presence of the
20 court or by affidavit.
21 (d) If by a court, by an appropriate order or
22 certificate of the court.
23 (2) A consent that does not name or otherwise identify
24 the adopting parent is valid if the consent contains a
25 statement by the person consenting that the consent was
26 voluntarily executed and that identification of the adopting
27 parent is not required for granting the consent.
28 (3)(a) The department must provide a consent form and
29 a family social and medical history form to an adoption entity
30 that intermediary who intends to place a child for adoption.
31 The Forms containing, at a minimum, the same information as
26
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SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
1 the forms promulgated by the department completed by the birth
2 parents must be attached to the petition to terminate parental
3 rights pending adoption and must contain such biological and
4 sociological information, or such information as to the family
5 medical history, regarding the minor child and the birth
6 parents, as is required by the department. The information
7 must be incorporated into the final home investigation report
8 specified in s. 63.125. Each parent must The court may also
9 require that the birth mother be interviewed by a
10 representative of the department, a licensed child-placing
11 agency, or a licensed professional, pursuant to s. 63.092,
12 before the consent is executed, unless the parent cannot be
13 located or identified. A summary of each interview, or a
14 statement that the parent is unlocated or unidentified, must
15 be filed with the petition to terminate parental rights
16 pending adoption and included in the final home investigation
17 report filed under s. 63.125. The interview may be excused by
18 the court for good cause.
19 (b) Consent executed by the department, by a licensed
20 child-placing agency, or by an appropriate order or
21 certificate of the court if executed under s. 63.062(5)(b)
22 must be attached to the petition to terminate parental rights
23 pending adoption and must be accompanied by a family medical
24 history that includes such information concerning the medical
25 history of the child and the birth parents as is available or
26 readily obtainable.
27 (c) If any required consent or social and medical
28 history is unavailable because the person whose consent is
29 required cannot be located or identified, the petition to
30 terminate parental rights pending adoption must be accompanied
31 by the affidavit of diligent search required under s. 63.088.
27
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SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
1 (4)(a) The consent to an adoption or affidavit of
2 nonpaternity shall not for voluntary surrender must be
3 executed before after the birth of the minor.
4 (b) A consent to the adoption of a minor who is to be
5 placed for adoption with identified prospective adoptive
6 parents under s. 63.052, upon the minor's release from a
7 licensed hospital or birth center following birth, shall not
8 be executed sooner than 48 hours after the minor's birth or
9 the day the birth mother has been notified in writing, either
10 on her patient chart or in release paperwork, that she is fit
11 to be released from a licensed hospital or birth center,
12 whichever is earlier. A consent executed under this paragraph
13 is valid upon execution and may be withdrawn only if the court
14 finds that it was obtained by fraud or under duress.
15 (c) When the minor to be adopted is not placed
16 pursuant to s. 63.052 upon the minor's release from a licensed
17 hospital or birth center following birth, the consent to
18 adoption may be executed at any time after the birth of the
19 minor. While such consent is valid upon execution, it is
20 subject to the 3-day revocation period under subsection (7) or
21 may be revoked at any time prior to the placement of the minor
22 with the prospective adoptive parents, whichever is later.
23 (d) The consent to adoption or the affidavit of
24 nonpaternity must be signed child, in the presence of two
25 witnesses, and be acknowledged before a notary public who is
26 not signing as one of the witnesses. The notary public must
27 legibly note on the consent or the affidavit the date and time
28 of execution. The witnesses' names must be typed or printed
29 underneath their signatures. The witnesses', and their home or
30 business addresses and social security numbers, driver's
31 license numbers, or state identification card numbers must be
28
11:01 AM 04/29/99 s1598c1c-33c0j
SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
1 included. The absence of a social security number, driver's
2 license number, or state identification card number shall not
3 be deemed to invalidate the consent. The person who signs the
4 consent or the affidavit has the right to have at least one of
5 the witnesses be an individual who does not have an
6 employment, professional, or personal relationship with the
7 adoption entity or the prospective adoptive parents. The
8 adoption entity must give reasonable notice to the person
9 signing the consent or affidavit of the right to select a
10 witness of his or her own choosing. The person who signs the
11 consent or affidavit must acknowledge in writing on the
12 consent or affidavit that such notice was given and indicate
13 the witness, if any, who was selected by the person signing
14 the consent or affidavit. The adoption entity must include its
15 name, address, and telephone number on the consent to adoption
16 or affidavit of nonpaternity.
17 (e) A consent to adoption must contain, in at least
18 16-point boldfaced type, an acknowledgment of the parent's
19 rights in substantially the following form:
20
21 YOU HAVE THE RIGHT TO SELECT AT LEAST ONE
22 PERSON WHO DOES NOT HAVE AN EMPLOYMENT,
23 PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH THE
24 ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE
25 PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS
26 EXECUTED AND TO SIGN IT AS A WITNESS. YOU MUST
27 ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED
28 OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS
29 OR WITNESSES YOU SELECTED, IF ANY.
30
31 YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU
29
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SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
1 MAY DO ANY OF THE FOLLOWING INSTEAD OF SIGNING
2 THIS CONSENT OR BEFORE SIGNING THIS CONSENT:
3
4 1. CONSULT WITH AN ATTORNEY;
5 2. HOLD, CARE FOR, AND FEED THE CHILD;
6 3. PLACE THE CHILD IN FOSTER CARE OR WITH
7 ANY FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS
8 WILLING TO CARE FOR THE CHILD;
9 4. TAKE THE CHILD HOME UNLESS OTHERWISE
10 LEGALLY PROHIBITED; AND
11 5. FIND OUT ABOUT THE COMMUNITY RESOURCES
12 THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO
13 THROUGH WITH THE ADOPTION.
14
15 IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP
16 ALL RIGHTS TO YOUR CHILD. YOUR CONSENT IS VALID
17 AND BINDING UNLESS WITHDRAWN AS PERMITTED BY
18 LAW. IF YOU ARE GIVING UP YOUR RIGHTS TO A
19 CHILD WHO IS TO BE PLACED FOR ADOPTION WITH
20 IDENTIFIED PROSPECTIVE ADOPTIVE PARENTS UPON
21 THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR
22 BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD
23 WILL BE IMPOSED BEFORE YOU MAY SIGN THE CONSENT
24 FOR ADOPTION. YOU MUST WAIT 48 HOURS FROM THE
25 TIME OF BIRTH, OR UNTIL THE BIRTH MOTHER HAS
26 BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT
27 CHART OR IN RELEASE PAPERS, THAT SHE IS FIT TO
28 BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
29 CENTER, WHICHEVER IS SOONER, BEFORE YOU MAY
30 SIGN THE CONSENT FOR ADOPTION. ONCE YOU HAVE
31 SIGNED THE CONSENT, IT IS VALID AND BINDING AND
30
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SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
1 CANNOT BE WITHDRAWN UNLESS A COURT FINDS THAT
2 IT WAS OBTAINED BY FRAUD OR UNDER DURESS.
3
4 IF YOU ARE GIVING UP YOUR RIGHTS TO A CHILD WHO
5 IS NOT PLACED FOR ADOPTION UPON THE CHILD'S
6 RELEASE FROM A LICENSED HOSPITAL OR BIRTH
7 CENTER FOLLOWING BIRTH, YOU MAY SIGN THE
8 CONSENT AT ANY TIME AFTER THE BIRTH OF THE
9 CHILD. WHILE THE CONSENT IS VALID AND BINDING
10 WHEN SIGNED, YOU HAVE TIME TO CHANGE YOUR MIND.
11 THIS TIME IS CALLED THE REVOCATION PERIOD. WHEN
12 THE REVOCATION PERIOD APPLIES, YOU MAY WITHDRAW
13 YOUR CONSENT FOR ANY REASON AT ANY TIME PRIOR
14 TO THE PLACEMENT OF THE CHILD WITH THE
15 PROSPECTIVE ADOPTIVE PARENTS, OR IF YOU DO IT
16 WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU
17 SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE
18 DATE OF THE BIRTH MOTHER'S DISCHARGE FROM A
19 LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS
20 LATER.
21
22 TO WITHDRAW YOUR CONSENT DURING THE REVOCATION
23 PERIOD, YOU MUST:
24 1. NOTIFY THE ADOPTION ENTITY, BY WRITING
25 A LETTER, THAT YOU ARE WITHDRAWING YOUR
26 CONSENT.
27 2. MAIL THE LETTER AT A UNITED STATES
28 POST OFFICE WITHIN 3 BUSINESS DAYS AFTER THE
29 DATE YOU SIGNED THE CONSENT OR 1 BUSINESS DAY
30 AFTER THE DATE OF THE BIRTH MOTHER'S DISCHARGE
31 FROM A LICENSED HOSPITAL OR BIRTH CENTER,
31
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SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
1 WHICHEVER IS LATER. THE TERM "BUSINESS DAY"
2 MEANS ANY DAY ON WHICH THE UNITED STATES POSTAL
3 SERVICE ACCEPTS CERTIFIED MAIL FOR DELIVERY.
4 3. SEND THE LETTER BY CERTIFIED UNITED
5 STATES MAIL WITH RETURN RECEIPT REQUESTED.
6 4. PAY POSTAL COSTS AT THE TIME YOU MAIL
7 THE LETTER.
8 5. KEEP THE CERTIFIED MAIL RECEIPT AS
9 PROOF THAT CONSENT WAS WITHDRAWN IN A TIMELY
10 MANNER.
11
12 TO WITHDRAW YOUR CONSENT PRIOR TO THE PLACEMENT
13 OF THE CHILD WITH THE PROSPECTIVE ADOPTIVE
14 PARENTS, YOU MUST NOTIFY THE ADOPTION ENTITY,
15 IN WRITING BY CERTIFIED UNITED STATES MAIL,
16 RETURN RECEIPT REQUESTED. THE ADOPTION ENTITY
17 YOU SHOULD NOTIFY IS: ...(name of adoption
18 entity)..., ...(address of adoption entity)...,
19 ...(phone number of adoption entity)....
20
21 ONCE THE REVOCATION PERIOD IS OVER, OR THE
22 CHILD HAS BEEN PLACED WITH THE PROSPECTIVE
23 ADOPTIVE PARENTS, WHICHEVER OCCURS LATER, YOU
24 MAY NOT WITHDRAW YOUR CONSENT UNLESS YOU CAN
25 PROVE IN COURT THAT CONSENT WAS OBTAINED BY
26 FRAUD OR UNDER DURESS.
27
28 (5) Before any consent to adoption or affidavit of
29 nonpaternity is executed by a parent, but after the birth of
30 the minor, all requirements of disclosure under s. 63.085 must
31 be met.
32
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SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
1 (6) A copy of each consent signed in an action for
2 termination of parental rights pending adoption must be
3 provided to the person who executed the consent to adoption.
4 The copy must be hand delivered, with a written acknowledgment
5 of receipt signed by the person whose consent is required, or
6 mailed by first class United States mail to the address of
7 record in the court file. If a copy of a consent cannot be
8 provided as required in this subsection, the adoption entity
9 must execute an affidavit stating why the copy of the consent
10 is undeliverable. The original consent and acknowledgment of
11 receipt, an acknowledgment of mailing by the adoption entity,
12 or an affidavit stating why the copy of the consent is
13 undeliverable must be filed with the petition for termination
14 of parental rights pending adoption.
15 (7)(5)(a) A consent that is being withdrawn under
16 paragraph (4)(c) may be withdrawn at any time prior to the
17 minor's placement with the prospective adoptive parents or by
18 notifying the adoption entity in writing by certified United
19 States mail, return receipt requested, not later than 3
20 business days after execution of the consent or 1 business day
21 after the date of the birth mother's discharge from a licensed
22 hospital or birth center, whichever occurs later. As used in
23 this subsection, the term "business day" means any day on
24 which the United States Postal Service accepts certified mail
25 for delivery.
26 (b) Upon receiving written notice from a person of
27 that person's desire to withdraw consent to adoption, the
28 adoption entity must contact the prospective adoptive parent
29 to arrange a time certain for the adoption entity to regain
30 physical custody of the minor, unless, upon a motion for
31 emergency hearing by the adoption entity, the court determines
33
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SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
1 in written findings that placement of the minor with the
2 person withdrawing consent may endanger the minor.
3 (c) If the court finds that such placement may
4 endanger the minor, the court must enter an order regarding
5 continued placement of the minor. The order shall include, but
6 not be limited to, whether temporary placement in foster care
7 is appropriate, whether an investigation by the department is
8 recommended, and whether a relative within the third degree is
9 available for the temporary placement.
10 (d) If the person withdrawing consent claims to be the
11 father of the minor but has not been established to be the
12 father by marriage, court order, or scientific testing, the
13 court may order scientific paternity testing and reserve
14 ruling on removal of the minor until the results of such
15 testing have been filed with the court.
16 (e) The adoption entity must return the minor within 3
17 days after notification of the withdrawal of consent or after
18 the court determines that withdrawal is valid and binding upon
19 consideration of an emergency motion, as filed pursuant to
20 subsection (b), to the physical custody of the person
21 withdrawing consent.
22 (f) Following the revocation period for withdrawal of
23 consent described in paragraph (a), or the placement of the
24 child with the prospective adoptive parents, whichever occurs
25 later, consent may be withdrawn only when the court finds that
26 the consent was obtained by fraud or under duress.
27 (g) An affidavit of nonpaternity may be withdrawn only
28 if the court finds that the affidavit was obtained by fraud or
29 under duress.
30 Section 18. Section 63.085, Florida Statutes, is
31 amended to read:
34
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SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
1 (Substantial rewording of section. See
2 s. 63.085, F.S., for present text.)
3 63.085 Disclosure by adoption entity.--
4 (1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
5 ADOPTIVE PARENTS.--Not later than 7 days after a person
6 seeking to adopt a minor or a person seeking to place a minor
7 for adoption contacts an adoption entity in person or provides
8 the adoption entity with a mailing address, the entity must
9 provide a written disclosure statement to that person if the
10 entity agrees or continues to work with such person. If an
11 adoption entity is assisting in the effort to terminate the
12 parental rights of a parent who did not initiate the contact
13 with the adoption entity, the written disclosure must be
14 provided within 7 days after that parent is identified and
15 located. The written disclosure statement must be in
16 substantially the following form:
17
18 ADOPTION DISCLOSURE
19
20 THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE
21 PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A
22 MINOR OR SEEKING TO PLACE A MINOR FOR ADOPTION,
23 TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
24 ADOPTION UNDER FLORIDA LAW:
25
26 1. Under section 63.102, Florida
27 Statutes, the existence of a placement or
28 adoption contract signed by the parent or
29 prospective adoptive parent, prior approval of
30 that contract by the court, or payment of any
31 expenses permitted under Florida law does not
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1 obligate anyone to sign a consent or ultimately
2 place a minor for adoption.
3 2. Under sections 63.092 and 63.125,
4 Florida Statutes, a favorable preliminary home
5 study, before the minor may be placed in that
6 home, and a final home investigation, before
7 the adoption becomes final, must be completed.
8 3. Under section 63.082, Florida
9 Statutes, a consent to adoption or affidavit of
10 nonpaternity may not be signed until after the
11 birth of the minor.
12 4. Under section 63.082, Florida
13 Statutes, if the minor is to be placed for
14 adoption with identified prospective adoptive
15 parents upon release from a licensed hospital
16 or birth center following birth, the consent to
17 adoption may not be signed until 48 hours after
18 birth or until the day the birth mother has
19 been notified in writing, either on her patient
20 chart or in release papers, that she is fit to
21 be released from the licensed hospital or birth
22 center, whichever is sooner. The consent to
23 adoption or affidavit of nonpaternity is valid
24 and binding upon execution unless the court
25 finds it was obtained by fraud or under duress.
26 5. Under section 63.082, Florida
27 Statutes, if the minor is not placed for
28 adoption with the prospective adoptive parent
29 upon release from the hospital or birth center
30 following birth, a 3-day revocation period
31 applies during which consent may be withdrawn
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1 for any reason by notifying the adoption entity
2 in writing. In order to withdraw consent, the
3 written withdrawal of consent must be mailed at
4 a United States Post Office no later than 3
5 business days after execution of the consent or
6 1 business day after the date of the birth
7 mother's discharge from a licensed hospital or
8 birth center, whichever occurs later. For
9 purposes of mailing the withdrawal of consent,
10 the term "business day" means any day on which
11 the United States Postal Service accepts
12 certified mail for delivery. The letter must be
13 sent by certified United States mail, return
14 receipt requested. Postal costs must be paid at
15 the time of mailing and the receipt should be
16 retained as proof that consent was withdrawn in
17 a timely manner.
18 6. Under section 63.082, Florida
19 Statutes, and notwithstanding the revocation
20 period, the consent may be withdrawn at any
21 time prior to the placement of the child with
22 the prospective adoptive parent, by notifying
23 the adoption entity in writing by certified
24 United States mail, return receipt requested.
25 7. Under section 63.082, Florida
26 Statutes, if an adoption entity timely receives
27 written notice from a person of that person's
28 desire to withdraw consent, the adoption entity
29 must contact the prospective adoptive parent to
30 arrange a time certain to regain physical
31 custody of the child. Absent a court order for
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1 continued placement of the child entered under
2 section 63.082, Florida Statutes, the adoption
3 entity must return the minor within 3 days
4 after notification of the withdrawal of consent
5 to the physical custody of the person
6 withdrawing consent. After the revocation
7 period for withdrawal of consent ends, or after
8 the placement of the child with prospective
9 adoptive parent, whichever occurs later, the
10 consent may be withdrawn only if the court
11 finds that the consent was obtained by fraud or
12 under duress.
13 8. Under section 63.082, Florida
14 Statutes, an affidavit of nonpaternity, once
15 executed, may be withdrawn only if the court
16 finds that it was obtained by fraud or under
17 duress.
18 9. Under section 63.082, Florida
19 Statutes, a person who signs a consent to
20 adoption or an affidavit of nonpaternity must
21 be given reasonable notice of his or her right
22 to select a person who does not have an
23 employment, professional, or personal
24 relationship with the adoption entity or the
25 prospective adoptive parents to be present when
26 the consent or affidavit is executed and to
27 sign the consent or affidavit as a witness.
28 10. Under section 63.088, Florida
29 Statutes, specific and extensive efforts are
30 required by law to attempt to obtain the
31 consents required under section 63.062, Florida
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1 Statutes. If these efforts are unsuccessful,
2 the court may not enter a judgment terminating
3 parental rights pending adoption until certain
4 requirements have been met.
5 11. Under Florida law, an intermediary
6 may represent the legal interests of only the
7 prospective adoptive parents. Each person whose
8 consent to an adoption is required under
9 section 63.062, Florida Statutes, is entitled
10 to seek independent legal advice and
11 representation before signing any document or
12 surrendering parental rights.
13 12. Under section 63.182, Florida
14 Statutes, an action or proceeding of any kind
15 to vacate, set aside, or otherwise nullify a
16 judgment of adoption or an underlying judgment
17 terminating parental rights pending adoption,
18 on any ground, including duress but excluding
19 fraud, must be filed within 1 year after entry
20 of the judgment terminating parental rights
21 pending adoption. Such an action or proceeding
22 for fraud must be filed within 2 years after
23 entry of the judgment terminating parental
24 rights.
25 13. Under section 63.089, Florida
26 Statutes, a judgment terminating parental
27 rights pending adoption is voidable and any
28 later judgment of adoption of that minor is
29 voidable if, upon the motion of a parent, the
30 court finds that any person knowingly gave
31 false information that prevented the parent
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1 from timely making known his or her desire to
2 assume parental responsibilities toward the
3 minor or to exercise his or her parental
4 rights. The motion must be filed with the court
5 that originally entered the judgment. The
6 motion must be filed within a reasonable time,
7 but not later than 2 years after the date the
8 judgment to which the motion is directed was
9 entered.
10 14. Under section 63.165, Florida
11 Statutes, the State of Florida maintains a
12 registry of adoption information. Information
13 about the registry is available from the
14 Department of Children and Family Services.
15 15. Under section 63.032, Florida
16 Statutes, a court may find that a parent has
17 abandoned his or her child based on conduct
18 during the pregnancy or based on conduct after
19 the child is born. In addition, under section
20 63.089, Florida Statutes, the failure of a
21 parent to respond to notices of proceedings
22 involving his or her child shall result in
23 termination of parental rights of a parent. A
24 lawyer can explain what a parent must do to
25 protect his or her parental rights. Any parent
26 wishing to protect his or her parental rights
27 should act IMMEDIATELY.
28 16. Each parent and prospective adoptive
29 parent is entitled to independent legal advice
30 and representation. Attorney information may be
31 obtained from the yellow pages, The Florida
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1 Bar's lawyer referral service, and local legal
2 aid offices and bar associations.
3 17. Counseling services may be helpful
4 while making a parenting decision. Consult the
5 yellow pages of the telephone directory.
6 18. Medical and social services support
7 is available if the parent wishes to retain
8 parental rights and responsibilities. Consult
9 the Department of Children and Family Services.
10 19. Under section 63.039, Florida
11 Statutes, an adoption entity has certain legal
12 responsibilities and may be liable for damages
13 to persons whose consent to an adoption is
14 required or to prospective adoptive parents for
15 failing to materially meet those
16 responsibilities. Damages may also be recovered
17 from an adoption entity if a consent to
18 adoption or affidavit of nonpaternity is
19 obtained by fraud or under duress attributable
20 to an adoption entity.
21 20. Under section 63.097, Florida
22 Statutes, reasonable living expenses of the
23 birth mother may be paid by the prospective
24 adoptive parents and the adoption entity only
25 if the birth mother is unable to pay due to
26 unemployment, underemployment, or disability.
27 The law also allows payment of reasonable and
28 necessary medical expenses, expenses necessary
29 to comply with the requirements of chapter 63,
30 Florida Statutes, court filing expenses, and
31 costs associated with advertising. Certain
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1 documented legal, counseling, and other
2 professional fees may be paid. Prior approval
3 of the court is not required until the
4 cumulative total of amounts permitted exceeds
5 $2,500 in legal or other fees, $500 in court
6 costs, $3,000 in expenses or $1,500 in
7 cumulative expenses incurred prior to the date
8 the prospective adoptive parent retains the
9 adoption entity. The following fees, costs, and
10 expenses are prohibited:
11 a. Any fee or expense that constitutes
12 payment for locating a minor for adoption.
13 b. Any lump-sum payment to the entity
14 which is nonrefundable directly to the payor or
15 which is not itemized on the affidavit.
16 c. Any fee on the affidavit which does
17 not specify the service that was provided and
18 for which the fee is being charged, such as a
19 fee for facilitation or acquisition.
20
21 The court may reduce amounts charged or refund
22 amounts that have been paid if it finds that
23 these amounts were more than what was
24 reasonable or allowed under the law.
25 21. Under section 63.132, Florida
26 Statutes, the adoption entity and the
27 prospective adoptive parents must sign and file
28 with the court a written statement under oath
29 listing all the fees, expenses, and costs made,
30 or agreed to be made, by or on behalf of the
31 prospective adoptive parents and any adoption
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1 entity in connection with the adoption. The
2 affidavit must state whether any of the
3 expenses were eligible to be paid for by any
4 other source.
5 22. Under section 63.132, Florida
6 Statutes, the court order approving the money
7 spent on the adoption must be separate from the
8 judgment making the adoption final. The court
9 may approve only certain costs and expenses
10 allowed under s. 63.097. The court may approve
11 only fees that are allowed under law and that
12 it finds to be "reasonable." A good idea of
13 what is and is not allowed to be paid for in an
14 adoption can be determined by reading sections
15 63.097 and 63.132, Florida Statutes.
16
17 (2) ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity
18 must obtain a written statement acknowledging receipt of the
19 disclosure required under subsection (1) and signed by the
20 persons receiving the disclosure or, if it is not possible to
21 obtain such an acknowledgment, the adoption entity must
22 execute an affidavit stating why an acknowledgment could not
23 be obtained. If the disclosure was delivered by certified
24 United States mail, return receipt requested, a return receipt
25 signed by the person from whom acknowledgment is required is
26 sufficient to meet the requirements of this subsection. A copy
27 of the acknowledgment of receipt of the disclosure must be
28 provided to the person signing it. A copy of the
29 acknowledgment or affidavit executed by the adoption entity in
30 lieu of the acknowledgment must be maintained in the file of
31 the adoption entity. The original acknowledgment or affidavit
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1 must be filed with the court. In the case of a disclosure
2 provided under subsection (1), the original acknowledgment or
3 affidavit must be included in the preliminary home study
4 required in s. 63.092.
5 (3) POSTBIRTH DISCLOSURE TO PARENTS.--Before execution
6 of any consent to adoption by a parent, but after the birth of
7 the minor, all requirements of subsections (1) and (2) for
8 making certain disclosures to a parent and obtaining a written
9 acknowledgment of receipt must be repeated.
10 Section 19. Section 63.087, Florida Statutes, is
11 created to read:
12 63.087 Proceeding to terminate parental rights pending
13 adoption; general provisions.--
14 (1) INTENT.--It is the intent of the Legislature that
15 a court determine whether a minor is legally available for
16 adoption through a separate proceeding terminating parental
17 rights prior to the filing of a petition for adoption.
18 (2) GOVERNING RULES.--The Florida Family Law Rules of
19 Procedure govern a proceeding to terminate parental rights
20 pending adoption unless otherwise provided by law.
21 (3) JURISDICTION.--A court of this state which is
22 competent to decide child welfare or custody matters has
23 jurisdiction to hear all matters arising from a proceeding to
24 terminate parental rights pending adoption. All subsequent
25 proceedings for the adoption of the minor, if the petition for
26 termination is granted, must be conducted by the same judge
27 who conducted the termination proceedings, if that judge is
28 still available within the division of the court which
29 conducts termination or adoption cases or, if that judge is
30 unavailable, by another judge within the division.
31 (4) VENUE.--
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1 (a) A petition to terminate parental rights pending
2 adoption must be filed:
3 1. In the county where the child resided for the
4 previous 6 months;
5 2. If the child is younger than 6 months of age or has
6 not continuously resided in one county for the previous 6
7 months, in the county where the parent resided at the time of
8 the execution of the consent to adoption or the affidavit of
9 nonpaternity;
10 3. If the child is younger than 6 months of age and a
11 waiver of venue has been obtained pursuant to 63.062 in the
12 county where the adoption entity is located or, if the
13 adoption entity has more than one place of business, in the
14 county which is located in closest proximity to the county in
15 which the parent whose rights are to be terminated resided at
16 the time of execution of the consent or affidavit of
17 nonpaternity; or
18 4. If there is no consent or affidavit of nonpaternity
19 executed by a parent, in the county where the birth mother
20 resides.
21 5. If neither parent resides in the state, venue is in
22 the county where the adoption entity is located.
23 (b) Regardless of the age of the child, if the
24 adoption entity is notified that a parent whose parental
25 rights are to be terminated intends to contest the
26 termination, venue must be in the county where that parent
27 resides. If there is no such residence in this state, venue
28 must be in the county where:
29 1. At least one parent whose rights are to be
30 terminated resides; or
31 2. At least one parent resided at the time of
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1 execution of a consent or affidavit of nonpaternity; or
2 3. The adoption entity is located if neither
3 subparagrph 1. nor subparagraph 2. applies.
4 (c) If a petition for termination of parental rights
5 has been filed and a parent whose rights are to be terminated
6 objects to venue, there shall be a hearing in which the court
7 shall immediately transfer venue to one of the counties listed
8 in this subsection. The court is to consider for purposes of
9 selecting venue the ease of access to the court of the parent
10 who intends to contest a termination of parental rights.
11 (d) If there is a transfer of venue, the adoption
12 entity or the petitioner shall bear the cost of venue
13 transfer.
14 (5) PREREQUISITE FOR ADOPTION.--A petition for
15 adoption may not be filed until 30 days after the date the
16 judge signed the judgment terminating parental rights pending
17 adoption under this chapter, unless the adoptee is an adult or
18 the minor has been the subject of a judgment terminating
19 parental rights under chapter 39.
20 (6) PETITION.--
21 (a) A proceeding seeking to terminate parental rights
22 pending adoption pursuant to this chapter must be initiated by
23 the filing of an original petition after the birth of the
24 minor.
25 (b) The petition may be filed by a parent or person
26 having legal custody of the minor. The petition may be filed
27 by an adoption entity only if a parent or person having legal
28 custody who has executed a consent to adoption pursuant to s.
29 63.082 consents in writing to the entity filing the petition.
30 The original of such consent must be filed with the petition.
31 (c) The petition must be entitled: "In the Matter of
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1 the Proposed Adoption of a Minor Child."
2 (d) A petition to terminate parental rights may be
3 consolidated with a previously filed petition for a
4 declaratory statement filed under s. 63.102. Only one filing
5 fee may be assessed for both the termination of parental
6 rights and declaratory-statement petitions.
7 (e) The petition to terminate parental rights pending
8 adoption must be in writing and signed by the petitioner under
9 oath stating the petitioner's good faith in filing the
10 petition. A written consent to adoption, affidavit of
11 nonpaternity, or affidavit of diligent search under s. 63.088,
12 for each person whose consent to adoption is required under s.
13 63.062, must be executed and attached.
14 (f) The petition must include:
15 1. The minor's name, gender, date of birth, and place
16 of birth. The petition must contain all names by which the
17 minor is or has been known, excluding the minor's prospective
18 adoptive name but including the minor's legal name at the time
19 of the filing of the petition, to allow interested parties to
20 the action, including parents, persons having legal custody of
21 the minor, persons with custodial or visitation rights to the
22 minor, and persons entitled to notice pursuant to the Uniform
23 Child Custody Jurisdiction Act or the Indian Child Welfare
24 Act, to identify their own interest in the action.
25 2. If the petition is filed before the day the minor
26 is 6 months old and if the identity or location of the father
27 is unknown, each city in which the mother resided or traveled,
28 in which conception may have occurred, during the 12 months
29 before the minor's birth, including the county and state in
30 which that city is located.
31 3. Unless a consent to adoption or affidavit of
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1 nonpaternity executed by each person whose consent is required
2 under s. 63.062 is attached to the petition, the name and the
3 city of residence, including the county and state in which
4 that city is located, of:
5 a. The minor's mother;
6 b. Any man whom the mother reasonably believes may be
7 the minor's father; and
8 c. Any person who has legal custody, as defined in s.
9 39.01, of the minor.
10
11 If a required name or address is not known, the petition must
12 so state.
13 4. All information required by the Uniform Child
14 Custody Jurisdiction Act and the Indian Child Welfare Act.
15 5. A statement of the grounds under s. 63.089 upon
16 which the petition is based.
17 6. The name, address, and telephone number of any
18 adoption entity seeking to place the minor for adoption.
19 7. The name, address, and telephone number of the
20 division of the circuit court in which the petition is to be
21 filed.
22 (7) ANSWER NOT REQUIRED.--An answer to the petition or
23 any pleading need not be filed by any minor, parent, or person
24 having legal custody of the minor, but any matter that might
25 be set forth in an answer or other pleading may be pleaded
26 orally before the court or filed in writing. However, failure
27 to file a written response or to appear at the hearing on the
28 petition constitutes grounds upon which the court may
29 terminate parental rights. Notwithstanding the filing of any
30 answer or any pleading, any person present at the hearing to
31 terminate parental rights pending adoption whose consent to
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1 adoption is required under s. 63.062 must:
2 (a) Be advised by the court that he or she has a right
3 to ask that the hearing be reset for a later date so that the
4 person may consult with an attorney;
5 (b) Be given an opportunity to deny the allegations in
6 the petition; and
7 (c) Be given the opportunity to challenge the validity
8 of any consent or affidavit of nonpaternity signed by any
9 person.
10 Section 20. Section 63.088, Florida Statutes, is
11 created to read:
12 63.088 Proceeding to terminate parental rights pending
13 adoption; notice and service; diligent search.--
14 (1) INITIATE LOCATION AND IDENTIFICATION
15 PROCEDURES.--When the location or identity of a person whose
16 consent to an adoption is required but is not known, the
17 adoption entity must begin the inquiry and diligent search
18 process required by this section not later than 7 days after
19 the date on which the person seeking to place a minor for
20 adoption has evidenced in writing to the entity a desire to
21 place the minor for adoption with that entity, or not later
22 than 7 days after the date any money is provided as permitted
23 under this chapter by the adoption entity for the benefit of
24 the person seeking to place a minor for adoption.
25 (2) LOCATION AND IDENTITY KNOWN.--Before the court may
26 determine that a minor is available for adoption, and in
27 addition to the other requirements set forth in this chapter,
28 each person whose consent is required under s. 63.062, who has
29 not executed an affidavit of nonpaternity and whose location
30 and identity have been determined by compliance with the
31 procedures in this section, must be personally served,
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1 pursuant to chapter 48, at least 30 days before the hearing
2 with a copy of the petition to terminate parental rights
3 pending adoption and with notice in substantially the
4 following form:
5
6 NOTICE OF PETITION AND HEARING
7 TO TERMINATE PARENTAL RIGHTS PENDING ADOPTION
8
9 A petition to terminate parental rights pending
10 adoption has been filed. A copy of the petition
11 is being served with this notice. There will be
12 a hearing on the petition to terminate parental
13 rights pending adoption on ... (date) ... at
14 ... (time) ... before ... (judge) ... at ...
15 (location, including complete name and street
16 address of the courthouse) .... The court has
17 set aside ... (amount of time) ... for this
18 hearing. If you executed a consent or an
19 affidavit of nonpaternity and a waiver of
20 venue, you have the right to request that the
21 termination of parental rights hearing be
22 transferred to the county in which you reside.
23
24 UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE
25 TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH
26 THE COURT OR TO APPEAR AT THIS HEARING
27 CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL
28 END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING
29 THE MINOR CHILD.
30
31 (3) REQUIRED INQUIRY.--In proceedings initiated under
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1 s. 63.087, the court must conduct an inquiry of the person who
2 is placing the minor for adoption and of any relative or
3 person having legal custody of the minor who is present at the
4 hearing and likely to have the following information regarding
5 the identity of:
6 (a) Any person to whom the mother of the minor was
7 married at any time when conception of the minor may have
8 occurred or at the time of the birth of the minor;
9 (b) Any person who has been declared by a court to be
10 the father of the minor;
11 (c) Any man with whom the mother was cohabiting at any
12 time when conception of the minor may have occurred;
13 (d) Any person the mother has reason to believe may be
14 the father and from whom she has received payments or promises
15 of support with respect to the minor or because of her
16 pregnancy;
17 (e) Any person the mother has named as the father on
18 the birth certificate of the minor or in connection with
19 applying for or receiving public assistance;
20 (f) Any person who has acknowledged or claimed
21 paternity of the minor; and
22 (g) Any person the mother has reason to believe may be
23 the father.
24
25 The information required under this subsection may be provided
26 to the court in the form of a sworn affidavit by a person
27 having personal knowledge of the facts, addressing each
28 inquiry enumerated in this subsection, except that, if the
29 inquiry identifies a father under paragraph (a) or paragraph
30 (b), the inquiry shall not continue further. The inquiry
31 required under this subsection may be conducted before the
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1 birth of the minor.
2 (4) LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry
3 by the court under subsection (3) identifies any person whose
4 consent to adoption is required under s. 63.062 and who has
5 not executed a consent to adoption or an affidavit of
6 nonpaternity, and the location of the person from whom consent
7 is required is unknown, the adoption entity must conduct a
8 diligent search for that person which must include inquiries
9 concerning:
10 (a) The person's current address, or any previous
11 address, through an inquiry of the United States Postal
12 Service through the Freedom of Information Act;
13 (b) The last known employment of the person, including
14 the name and address of the person's employer. Inquiry should
15 be made of the last known employer as to any address to which
16 wage and earnings statements (W-2 forms) of the person have
17 been mailed. Inquiry should be made of the last known employer
18 as to whether the person is eligible for a pension or
19 profit-sharing plan and any address to which pension or other
20 funds have been mailed;
21 (c) Union memberships the person may have held or
22 unions that governed the person's particular trade or craft in
23 the area where the person last resided;
24 (d) Regulatory agencies, including those regulating
25 licensing in the area where the person last resided;
26 (e) Names and addresses of relatives to the extent
27 such can be reasonably obtained from the petitioner or other
28 sources, contacts with those relatives, and inquiry as to the
29 person's last known address. The petitioner shall pursue any
30 leads of any addresses to which the person may have moved.
31 Relatives include, but are not limited to, parents, brothers,
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1 sisters, aunts, uncles, cousins, nieces, nephews,
2 grandparents, great-grandparents, former or current in-laws,
3 stepparents, and stepchildren;
4 (f) Information as to whether or not the person may
5 have died and, if so, the date and location;
6 (g) Telephone listings in the area where the person
7 last resided;
8 (h) Inquiries of law enforcement agencies in the area
9 where the person last resided;
10 (i) Highway patrol records in the state where the
11 person last resided;
12 (j) Department of Corrections records in the state
13 where the person last resided;
14 (k) Hospitals in the area where the person last
15 resided;
16 (l) Records of utility companies, including water,
17 sewer, cable television, and electric companies, in the area
18 where the person last resided;
19 (m) Records of the Armed Forces of the United States
20 as to whether there is any information as to the person;
21 (n) Records of the tax assessor and tax collector in
22 the area where the person last resided;
23 (o) Search of one Internet databank locator service;
24 and
25 (p) Information held by all medical providers who
26 rendered medical treatment or care to the birth mother and
27 child, including the identity and location information of all
28 persons listed by the mother as being financially responsible
29 for the uninsured expenses of treatment or care and all
30 persons who made any such payments.
31
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1 Any person contacted by a petitioner or adoption entity who is
2 requesting information pursuant to this subsection must
3 release the requested information to the petitioner or
4 adoption entity, except when prohibited by law, without the
5 necessity of a subpoena or court order. An affidavit of
6 diligent search executed by the petitioner and the adoption
7 entity must be filed with the court confirming completion of
8 each aspect of the diligent search enumerated in this
9 subsection and specifying the results. The diligent search
10 required under this subsection may be conducted before the
11 birth of the minor.
12 (5) LOCATION UNKNOWN OR IDENTITY UNKNOWN.--This
13 subsection only applies if, as to any person whose consent is
14 required under s. 63.062 and who has not executed an affidavit
15 of nonpaternity, the location or identity of the person is
16 unknown and the inquiry under subsection (3) fails to identify
17 the person or the diligent search under subsection (4) fails
18 to locate the person. The unlocated or unidentified person
19 must be served notice under subsection (2) by constructive
20 service in the manner provided in chapter 49 in each county
21 identified in the petition, as provided in s. 63.087(6). The
22 notice, in addition to all information required in the
23 petition under s. 63.087(6) and chapter 49, must contain a
24 physical description, including, but not limited to, age,
25 race, hair and eye color, and approximate height and weight of
26 the minor's mother and of any person the mother reasonably
27 believes may be the father; the minor's date of birth; and any
28 date and city, including the county and state in which the
29 city is located, in which conception may have occurred. If any
30 of the facts that must be included in the notice under this
31 subsection are unknown and cannot be reasonably ascertained,
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1 the notice must so state.
2 Section 21. Section 63.089, Florida Statutes, is
3 created to read:
4 63.089 Proceeding to terminate parental rights pending
5 adoption; hearing; grounds; dismissal of petition; judgment.--
6 (1) HEARING.--The court may terminate parental rights
7 pending adoption only after a full evidentiary hearing.
8 (2) HEARING PREREQUISITES.--The court may hold the
9 hearing only when:
10 (a) For each person whose consent to adoption is
11 required under s. 63.062:
12 1. A consent under s. 63.082 has been executed and
13 filed with the court;
14 2. An affidavit of nonpaternity under s. 63.082 has
15 been executed and filed with the court; or
16 3. Notice has been provided under ss. 63.087 and
17 63.088;
18 (b) For each notice and petition that must be served
19 under ss. 63.087 and 63.088:
20 1. At least 30 days have elapsed since the date of
21 personal service and an affidavit of service has been filed
22 with the court;
23 2. At least 60 days have elapsed since the first date
24 of publication of constructive service and an affidavit of
25 service has been filed with the court; or
26 3. An affidavit of nonpaternity which affirmatively
27 waives service has been executed and filed with the court;
28 (c) The minor named in the petition has been born; and
29 (d) The petition contains all information required
30 under s. 63.087 and all affidavits of inquiry, diligent
31 search, and service required under s. 63.088 have been
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1 obtained and filed with the court.
2 (3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
3 ADOPTION.--The court may enter a judgment terminating parental
4 rights pending adoption if the court determines by clear and
5 convincing evidence, supported by written findings of fact,
6 that each person whose consent to adoption is required under
7 s. 63.062:
8 (a) Has executed a valid consent that has not been
9 withdrawn under s. 63.082 and the consent was obtained
10 according to the requirements of this chapter;
11 (b) Has executed an affidavit of nonpaternity and the
12 affidavit was obtained according to the requirements of this
13 chapter;
14 (c) Has been properly served notice of the proceeding
15 in accordance with the requirements of this chapter and has
16 failed to file a written answer or appear at the evidentiary
17 hearing resulting in the judgment terminating parental rights
18 pending adoption;
19 (d) Has been properly served notice of the proceeding
20 in accordance with the requirements of this chapter and has
21 been determined under subsection (4) to have abandoned the
22 minor as defined in s. 63.032;
23 (e) Is a parent of the person to be adopted, which
24 parent has been judicially declared incapacitated with
25 restoration of competency found to be medically improbable;
26 (f) Is a person who has legal custody of the person to
27 be adopted, other than a parent, who has failed to respond in
28 writing to a request for consent for a period of 60 days or,
29 after examination of his or her written reasons for
30 withholding consent, is found by the court to be withholding
31 his or her consent unreasonably;
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1 (g) Has been properly served notice of the proceeding
2 in accordance with the requirements of this chapter, but whom
3 the court finds, after examining written reasons for the
4 withholding of consent, to be unreasonably withholding his or
5 her consent; or
6 (h) Is the spouse of the person to be adopted who has
7 failed to consent, and the failure of the spouse to consent to
8 the adoption is excused by reason of prolonged and unexplained
9 absence, unavailability, incapacity, or circumstances that are
10 found by the court to constitute unreasonable withholding of
11 consent.
12 (4) FINDING OF ABANDONMENT.--A finding of abandonment
13 resulting in a termination of parental rights must be based
14 upon clear and convincing evidence. A finding of abandonment
15 may not be based upon a lack of emotional support to a birth
16 mother during her pregnancy, but may be based upon emotional
17 abuse to a birth mother during her pregnancy.
18 (a) In making a determination of abandonment at a
19 hearing for termination of parental rights pursuant to this
20 chapter, the court must consider:
21 1. Whether the actions alleged to constitute
22 abandonment demonstrate a willful disregard for the safety or
23 welfare of the child or unborn child;
24 2. Whether other persons prevented the person alleged
25 to have abandoned the child from making the efforts referenced
26 in this subsection;
27 3. Whether the person alleged to have abandoned the
28 child, while being able, refused to provide financial support
29 after such person was informed he may be the father of the
30 child;
31 4. Whether the person alleged to have abandoned the
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1 child, while being able, refused to pay for medical treatment
2 when such payment was requested by the person having legal
3 custody of the child and those expenses were not covered by
4 insurance or other available sources;
5 5. Whether the amount of support provided or medical
6 expenses paid was appropriate, taking into consideration the
7 needs of the child and relative means and resources available
8 to the person alleged to have abandoned the child and
9 available to the person having legal custody of the child
10 during the period the child allegedly was abandoned; and
11 6. Whether the person having legal custody of the
12 child made the child's whereabouts known to the person alleged
13 to have abandoned the child, advised that person of the needs
14 of the child or the needs of the mother of an unborn child
15 with regard to the pregnancy, or informed that person of
16 events such as medical appointments and tests relating to the
17 child or, if unborn, the pregnancy.
18 (b) The child has been abandoned when the parent of a
19 child is incarcerated on or after October 1, 1999, in a state
20 or federal correctional institution and:
21 1. The period of time for which the parent is expected
22 to be incarcerated will constitute a substantial portion of
23 the period of time before the child will attain the age of 18
24 years;
25 2. The incarcerated parent has been determined by the
26 court to be a violent career criminal as defined in s.
27 775.084, a habitual violent felony offender as defined in s.
28 775.084, convicted of child abuse as defined in s. 827.03, or
29 a sexual predator as defined in s. 775.21; has been convicted
30 of first degree or second degree murder in violation of s.
31 782.04 or a sexual battery that constitutes a capital, life,
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1 or first degree felony violation of s. 794.011; or has been
2 convicted of an offense in another jurisdiction which is
3 substantially similar to one of the offenses listed in this
4 paragraph. As used in this section, the term "substantially
5 similar offense" means any offense that is substantially
6 similar in elements and penalties to one of those listed in
7 this paragraph, and that is in violation of a law of any other
8 jurisdiction, whether that of another state, the District of
9 Columbia, the United States or any possession or territory
10 thereof, or any foreign jurisdiction; and
11 3. The court determines by clear and convincing
12 evidence that continuing the parental relationship with the
13 incarcerated parent would be harmful to the child and, for
14 this reason, that termination of the parental rights of the
15 incarcerated parent is in the best interest of the child.
16 (c) The only conduct of a father toward a mother
17 during pregnancy that the court may consider in determining
18 whether the child has been abandoned is conduct that occurred
19 after the father was informed he may be the father of the
20 child or after diligent search and notice as provided in s.
21 63.088 have been made to inform the father that he is, or may
22 be, the father of the child.
23 (5) DISMISSAL OF PETITION WITH PREJUDICE.--If the
24 court does not find by clear and convincing evidence that
25 parental rights of a parent should be terminated pending
26 adoption, the court must dismiss the petition with prejudice
27 and that parent's parental rights that were the subject of
28 such petition remain in full force under the law. The order
29 must include written findings in support of the dismissal,
30 including findings as to the criteria in subsection (4) if
31 rejecting a claim of abandonment. Parental rights may not be
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1 terminated based upon a consent that the court finds has been
2 timely withdrawn under s. 63.082 or a consent to adoption or
3 affidavit of nonpaternity that the court finds was obtained by
4 fraud or under duress. The court must enter an order based
5 upon written findings providing for the placement of the
6 minor. The court may order scientific testing to determine the
7 paternity of the minor at any time during which the court has
8 jurisdiction over the minor. Further proceedings, if any,
9 regarding the minor must be brought in a separate custody
10 action under chapter 61, a dependency action under chapter 39,
11 or a paternity action under chapter 742.
12 (6) JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
13 ADOPTION.--
14 (a) The judgment terminating parental rights pending
15 adoption must be in writing and contain findings of fact as to
16 the grounds for terminating parental rights pending adoption.
17 (b) Within 24 hours after filing, the clerk of the
18 court shall mail a copy of the judgment to the department, the
19 petitioner, those persons required to give consent under s.
20 63.062, and the respondent. The clerk shall execute a
21 certificate of each mailing.
22 (7) RELIEF FROM JUDGMENT TERMINATING PARENTAL
23 RIGHTS.--
24 (a) A judgment terminating parental rights pending
25 adoption is voidable and any later judgment of adoption of
26 that minor is voidable if, upon the motion of a parent, the
27 court finds that a person knowingly gave false information
28 that prevented the parent from timely making known his or her
29 desire to assume parental responsibilities toward the minor or
30 meeting the requirements under this chapter to exercise his or
31 her parental rights. A motion under this subsection must be
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1 filed with the court originally entering the judgment. The
2 motion must be filed within a reasonable time, but not later
3 than 2 years after the entry of the judgment terminating
4 parental rights.
5 (b) No later than 30 days after the filing of a motion
6 under this subsection, the court must conduct a preliminary
7 hearing to determine what contact, if any, shall be permitted
8 between a parent and the child pending resolution of the
9 motion. Such contact shall be considered only if it is
10 requested by a parent who has appeared at the hearing. If the
11 court orders contact between a parent and child, the order
12 must be issued in writing as expeditiously as possible and
13 must state with specificity any provisions regarding contact
14 with persons other than those with whom the child resides.
15 (c) At the preliminary hearing, the court, upon the
16 motion of any party or upon its own motion, may order
17 scientific testing to determine the paternity of the minor if
18 the person seeking to set aside the judgment is alleging to be
19 the child's father and that fact has not previously been
20 determined by legitimacy or scientific testing. The court may
21 order supervised visitation with a person for whom scientific
22 testing for paternity has been ordered. Such visitation shall
23 be conditioned upon the filing of those test results with the
24 court and such results establishing that person's paternity of
25 the minor.
26 (d) No later than 45 days after the preliminary
27 hearing, the court must conduct a final hearing on the motion
28 to set aside the judgment and enter its written order as
29 expeditiously as possible thereafter.
30 (8) RECORDS; CONFIDENTIAL INFORMATION.--All papers and
31 records pertaining to a petition to terminate parental rights
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1 pending adoption are related to the subsequent adoption of the
2 minor and are subject to the provisions of s. 63.162. The
3 confidentiality provisions of this chapter do not apply to the
4 extent information regarding persons or proceedings must be
5 made available as specified under s. 63.088.
6 Section 22. Section 63.092, Florida Statutes, 1998
7 Supplement, is amended to read:
8 63.092 Report to the court of intended placement by an
9 adoption entity; at-risk placement intermediary; preliminary
10 study.--
11 (1) REPORT TO THE COURT.--The adoption entity
12 intermediary must report any intended placement of a minor for
13 adoption with any person not related within the third degree
14 or a stepparent if the adoption entity intermediary has
15 knowledge of, or participates in, such intended placement. The
16 report must be made to the court before the minor is placed in
17 the home.
18 (2) AT-RISK PLACEMENT.--If the minor is placed in the
19 prospective adoptive home before the parental rights of the
20 minor's parents are terminated under s. 63.089, the placement
21 is an at-risk placement. If the placement is an at-risk
22 placement, the prospective adoptive parents must acknowledge
23 in writing before the minor may be placed in the prospective
24 adoptive home that the placement is at risk and that the minor
25 is subject to removal from the prospective adoptive home by
26 the adoption entity or by court order.
27 (3)(2) PRELIMINARY HOME STUDY.--Before placing the
28 minor in the intended adoptive home, a preliminary home study
29 must be performed by a licensed child-placing agency, a
30 licensed professional, or agency described in s. 61.20(2),
31 unless the petitioner is a stepparent, a spouse of the birth
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1 parent, or a relative. The preliminary study shall be
2 completed within 30 days after the receipt by the court of the
3 adoption entity's intermediary's report, but in no event may
4 the minor child be placed in the prospective adoptive home
5 prior to the completion of the preliminary study unless
6 ordered by the court. If the petitioner is a stepparent, a
7 spouse of the birth parent, or a relative, the preliminary
8 home study may be required by the court for good cause shown.
9 The department is required to perform the preliminary home
10 study only if there is no licensed child-placing agency,
11 licensed professional, or agency described in s. 61.20(2), in
12 the county where the prospective adoptive parents reside. The
13 preliminary home study must be made to determine the
14 suitability of the intended adoptive parents and may be
15 completed prior to identification of a prospective adoptive
16 minor child. A favorable preliminary home study is valid for
17 1 year after the date of its completion. A minor may child
18 must not be placed in an intended adoptive home before a
19 favorable preliminary home study is completed unless the
20 adoptive home is also a licensed foster home under s. 409.175.
21 The preliminary home study must include, at a minimum:
22 (a) An interview with the intended adoptive parents;
23 (b) Records checks of the department's central abuse
24 registry and criminal records correspondence checks pursuant
25 to s. 435.045 through the Department of Law Enforcement on the
26 intended adoptive parents;
27 (c) An assessment of the physical environment of the
28 home;
29 (d) A determination of the financial security of the
30 intended adoptive parents;
31 (e) Documentation of counseling and education of the
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1 intended adoptive parents on adoptive parenting;
2 (f) Documentation that information on adoption and the
3 adoption process has been provided to the intended adoptive
4 parents;
5 (g) Documentation that information on support services
6 available in the community has been provided to the intended
7 adoptive parents; and
8 (h) A copy of each the signed acknowledgment statement
9 required by s. 63.085; and
10 (i) A copy of the written acknowledgment required by
11 s. 63.085(1).
12
13 If the preliminary home study is favorable, a minor may be
14 placed in the home pending entry of the judgment of adoption.
15 A minor may not be placed in the home if the preliminary home
16 study is unfavorable. If the preliminary home study is
17 unfavorable, the adoption entity intermediary or petitioner
18 may, within 20 days after receipt of a copy of the written
19 recommendation, petition the court to determine the
20 suitability of the intended adoptive home. A determination as
21 to suitability under this subsection does not act as a
22 presumption of suitability at the final hearing. In
23 determining the suitability of the intended adoptive home, the
24 court must consider the totality of the circumstances in the
25 home.
26 Section 23. Section 63.097, Florida Statutes, is
27 amended to read:
28 63.097 Fees.--
29 (1) When the adoption entity is an agency, fees may be
30 assessed if they are approved by the department within the
31 process of licensing the agency and if they are for:
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1 (a) Foster care expenses;
2 (b) Preplacement and post-placement social services;
3 and
4 (c) Agency facility and administrative costs.
5 (2) The following fees, costs, and expenses may be
6 assessed by the adoption entity or paid by the adoption entity
7 on behalf of the prospective adoptive parents:
8 (a) Reasonable living expenses of the birth mother
9 which the birth mother is unable to pay due to unemployment,
10 underemployment, or disability due to the pregnancy which is
11 certified by a medical professional who has examined the birth
12 mother, or any other disability defined in s. 110.215.
13 Reasonable living expenses are rent, utilities, basic
14 telephone service, food, necessary clothing, transportation,
15 and expenses found by the court to be necessary for the health
16 of the unborn child.
17 (b) Reasonable and necessary medical expenses.
18 (c) Expenses necessary to comply with the requirements
19 of this chapter, including, but not limited to, service of
20 process under s. 63.088, a diligent search under s. 63.088, a
21 preliminary home study under s. 63.092, and a final home
22 investigation under s. 63.125.
23 (d) Court filing expenses, court costs, and other
24 litigation expenses.
25 (e) Costs associated with advertising under s.
26 63.212(1)(g).
27 (f) The following professional fees:
28 1. A reasonable hourly fee necessary to provide legal
29 representation to the adoptive parents or adoption entity in a
30 proceeding filed under this chapter.
31 2. A reasonable hourly fee for contact with the parent
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1 related to the adoption. In determining a reasonable hourly
2 fee under this subparagraph, the court must consider if the
3 tasks done were clerical or of such a nature that the matter
4 could have been handled by support staff at a lesser rate than
5 the rate for legal representation charged under subparagraph
6 1. Such tasks specifically do not include obtaining a parent's
7 signature on any document; such tasks include, but need not be
8 limited to, transportation, transmitting funds, arranging
9 appointments, and securing accommodations.
10 3. A reasonable hourly fee for counseling services
11 provided to a parent or a prospective adoptive parent by a
12 psychologist licensed under chapter 490 or a clinical social
13 worker, marriage and family therapist, or mental health
14 counselor licensed under chapter 491, or a counselor who is
15 employed by an adoption entity accredited by the Council on
16 Accreditation of Services for Children and Families to provide
17 pregnancy counseling and supportive services.
18 (3) Prior approval of the court is not required until
19 the cumulative total of amounts permitted under subsection (2)
20 exceeds:
21 (a) $2,500 in legal or other fees;
22 (b) $500 in court costs;
23 (c) $3,000 in expenses; or
24 (d) $1,500 cumulative expenses that are related to the
25 minor, the pregnancy, a parent, or adoption proceeding, which
26 expenses are incurred prior to the date the prospective
27 adoptive parent retains the adoption entity.
28 (4) Any fees, costs, or expenses not included in
29 subsection (2) or prohibited under subsection (5) require
30 court approval prior to payment and must be based on a finding
31 of extraordinary circumstances.
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1 (5) The following fees, costs, and expenses are
2 prohibited:
3 (a) Any fee or expense that constitutes payment for
4 locating a minor for adoption.
5 (b) Any lump-sum payment to the entity which is
6 nonrefundable directly to the payor or which is not itemized
7 on the affidavit filed under s. 63.132.
8 (c) Any fee on the affidavit which does not specify
9 the service that was provided and for which the fee is being
10 charged, such as a fee for facilitation, acquisition, or other
11 similar service, or which does not identify the date the
12 service was provided, the time required to provide the
13 service, the person or entity providing the service, and the
14 hourly fee charged.
15 (1) APPROVAL OF FEES TO INTERMEDIARIES.--Any fee over
16 $1,000 and those costs as set out in s. 63.212(1)(d) over
17 $2,500, paid to an intermediary other than actual, documented
18 medical costs, court costs, and hospital costs must be
19 approved by the court prior to assessment of the fee by the
20 intermediary and upon a showing of justification for the
21 larger fee.
22 (6)(2) FEES FOR AGENCIES OR THE DEPARTMENT.--Unless
23 otherwise indicated in this section, when an adoption entity
24 intermediary uses the services of a licensed child-placing
25 agency, a professional, any other person or agency pursuant to
26 s. 63.092, or, if necessary, the department, the person
27 seeking to adopt the child must pay the licensed child-placing
28 agency, professional, other person or agency, or the
29 department an amount equal to the cost of all services
30 performed, including, but not limited to, the cost of
31 conducting the preliminary home study, counseling, and the
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1 final home investigation. The court, upon a finding that the
2 person seeking to adopt the child is financially unable to pay
3 that amount, may order that such person pay a lesser amount.
4 Section 24. Section 63.102, Florida Statutes, is
5 amended to read:
6 63.102 Filing of petition for adoption or declaratory
7 statement; venue; proceeding for approval of fees and costs.--
8 (1) A petition for adoption may not be filed until 30
9 days after the date of the entry of the judgment terminating
10 parental rights pending adoption under this chapter, unless
11 the adoptee is an adult or the minor has been the subject of a
12 judgment terminating parental rights under chapter 39. After a
13 judgment terminating parental rights has been entered, a
14 proceeding for adoption may shall be commenced by filing a
15 petition entitled, "In the Matter of the Adoption of ...." in
16 the circuit court. The person to be adopted shall be
17 designated in the caption in the name by which he or she is to
18 be known if the petition is granted. If the child is placed
19 for adoption by an agency, Any name by which the minor child
20 was previously known may shall not be disclosed in the
21 petition, the notice of hearing, or the judgment of adoption.
22 (2) A petition for adoption or for a declaratory
23 statement as to the adoption contract shall be filed in the
24 county where the petition for termination of parental rights
25 was granted, unless the court in accordance with s. 47.122,
26 changes the venue to the county where the petitioner or
27 petitioners or the minor child resides or where the agency or
28 adoption entity with in which the minor child has been placed
29 is located. The circuit court in this state must retain
30 jurisdiction over the matter until a final judgment is entered
31 on the adoption. The Uniform Child Custody Jurisdiction Act
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1 does not apply until a final judgment is entered on the
2 adoption.
3 (3) Except for adoptions involving placement of a
4 minor child with a relative within the third degree of
5 consanguinity, a petition for adoption in an adoption handled
6 by an adoption entity intermediary shall be filed within 60 30
7 working days after entry of the judgment terminating parental
8 rights placement of a child with a parent seeking to adopt the
9 child. If no petition is filed within 60 30 days, any
10 interested party, including the state, may file an action
11 challenging the prospective adoptive parent's physical custody
12 of the minor child.
13 (4) If the filing of the petition for adoption or for
14 a declaratory statement as to the adoption contract in the
15 county where the petitioner or minor child resides would tend
16 to endanger the privacy of the petitioner or minor child, the
17 petition for adoption may be filed in a different county,
18 provided the substantive rights of any person will not thereby
19 be affected.
20 (5) A proceeding for prior approval of fees and costs
21 may be commenced any time after an agreement is reached
22 between the birth mother and the adoptive parents by filing a
23 petition for declaratory statement on the agreement entitled
24 "In the Matter of the Proposed Adoption of a Minor Child" in
25 the circuit court.
26 (a) The petition must be filed jointly by the adoption
27 entity and each person who enters into the agreement.
28 (b) A contract for the payment of fees, costs, and
29 expenses permitted under this chapter must be in writing, and
30 any person who enters into the contract has 3 business days in
31 which to cancel the contract. To cancel the contract, the
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1 person must notify the adoption entity in writing by certified
2 United States mail, return receipt requested, no later than 3
3 business days after signing the contract. For the purposes of
4 this subsection, the term "business day" means a day on which
5 the United States Postal Service accepts certified mail for
6 delivery. If the contract is canceled within the first 3
7 business days, the person who cancels the contract does not
8 owe any legal, intermediary, or other fees, but may be
9 responsible for the adoption entity's actual costs during that
10 time.
11 (c) The court may grant prior approval only of fees
12 and expenses permitted under s. 63.097. A prior approval of
13 prospective fees and costs does not create a presumption that
14 these items will subsequently be approved by the court under
15 s. 63.132. The court, under s. 63.132, may order an adoption
16 entity to refund any amount paid under this subsection that is
17 subsequently found by the court to be greater than fees,
18 costs, and expenses actually incurred.
19 (d) The contract may not require, and the court may
20 not approve, any lump-sum payment to the entity which is
21 nonrefundable to the payor or any amount that constitutes
22 payment for locating a minor for adoption.
23 (e) A petition for adoption filed under this section
24 may be consolidated with a previously filed petition for a
25 declaratory statement. Only one filing fee may be assessed for
26 both the adoption and declaratory-statement petitions.
27 (f) Prior approval of fees and costs by the court does
28 not obligate the parent to ultimately relinquish the minor for
29 adoption. If a petition for adoption is subsequently filed,
30 the petition for declaratory statement and the petition for
31 adoption must be consolidated into one case.
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1 Section 25. Section 63.112, Florida Statutes, is
2 amended to read:
3 63.112 Petition for adoption; description; report or
4 recommendation, exceptions; mailing.--
5 (1) A sufficient number of copies of the petition for
6 adoption shall be signed and verified by the petitioner and
7 filed with the clerk of the court so that service may be made
8 under subsection (4) and shall state:
9 (a) The date and place of birth of the person to be
10 adopted, if known;
11 (b) The name to be given to the person to be adopted;
12 (c) The date petitioner acquired custody of the minor
13 and the name of the person placing the minor;
14 (d) The full name, age, and place and duration of
15 residence of the petitioner;
16 (e) The marital status of the petitioner, including
17 the date and place of marriage, if married, and divorces, if
18 any;
19 (f) The facilities and resources of the petitioner,
20 including those under a subsidy agreement, available to
21 provide for the care of the minor to be adopted;
22 (g) A description and estimate of the value of any
23 property of the person to be adopted;
24 (h) The case style and date of entry of the judgment
25 terminating parental rights or the judgment declaring a minor
26 available for adoption name and address, if known, of any
27 person whose consent to the adoption is required, but who has
28 not consented, and facts or circumstances that excuse the lack
29 of consent; and
30 (i) The reasons why the petitioner desires to adopt
31 the person.
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1 (2) The following documents are required to be filed
2 with the clerk of the court at the time the petition is filed:
3 (a) A certified copy of the court judgment terminating
4 parental rights under chapter 39 or the judgment declaring a
5 minor available for adoption under this chapter. The required
6 consents, unless consent is excused by the court.
7 (b) The favorable preliminary home study of the
8 department, licensed child-placing agency, or professional
9 pursuant to s. 63.092, as to the suitability of the home in
10 which the minor has been placed.
11 (c) The surrender document must include documentation
12 that an interview was interviews were held with:
13 1. The birth mother, if parental rights have not been
14 terminated;
15 2. The birth father, if his consent to the adoption is
16 required and parental rights have not been terminated; and
17 3. the minor child, if older than 12 years of age,
18 unless the court, in the best interest of the minor child,
19 dispenses with the minor's child's consent under s.
20 63.062(1)(f) 63.062(1)(c).
21
22 The court may waive the requirement for an interview with the
23 birth mother or birth father in the investigation for good
24 cause shown.
25 (3) Unless ordered by the court, no report or
26 recommendation is required when the placement is a stepparent
27 adoption or when the minor child is related to one of the
28 adoptive parents within the third degree.
29 (4) The clerk of the court shall mail a copy of the
30 petition within 24 hours after filing, and execute a
31 certificate of mailing, to the adoption entity department and
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1 the agency placing the minor, if any.
2 Section 26. Section 63.122, Florida Statutes, is
3 amended to read:
4 63.122 Notice of hearing on petition.--
5 (1) After the petition to adopt a minor is filed, the
6 court must establish a time and place for hearing the
7 petition. The hearing may must not be held sooner than 30 days
8 after the date the judgment terminating parental rights was
9 entered or sooner than 90 days after the date the minor was
10 placed the placing of the minor in the physical custody of the
11 petitioner. The minor must remain under the supervision of
12 the adoption entity department, an intermediary, or a licensed
13 child-placing agency until the adoption becomes final. When
14 the petitioner is a spouse of the birth parent, the hearing
15 may be held immediately after the filing of the petition.
16 (2) Notice of hearing must be given as prescribed by
17 the rules of civil procedure, and service of process must be
18 made as specified by law for civil actions.
19 (3) Upon a showing by the petitioner that the privacy
20 of the petitioner or minor child may be endangered, the court
21 may order the names of the petitioner or minor child, or both,
22 to be deleted from the notice of hearing and from the copy of
23 the petition attached thereto, provided the substantive rights
24 of any person will not thereby be affected.
25 (4) Notice of the hearing must be given by the
26 petitioner to the adoption entity that places the minor.:
27 (a) The department or any licensed child-placing
28 agency placing the minor.
29 (b) The intermediary.
30 (c) Any person whose consent to the adoption is
31 required by this act who has not consented, unless such
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1 person's consent is excused by the court.
2 (d) Any person who is seeking to withdraw consent.
3 (5) After filing the petition to adopt an adult, a
4 notice of the time and place of the hearing must be given to
5 any person whose consent to the adoption is required but who
6 has not consented. The court may order an appropriate
7 investigation to assist in determining whether the adoption is
8 in the best interest of the persons involved.
9 Section 27. Section 63.125, Florida Statutes, is
10 amended to read:
11 63.125 Final home investigation.--
12 (1) The final home investigation must be conducted
13 before the adoption becomes final. The investigation may be
14 conducted by a licensed child-placing agency or a professional
15 in the same manner as provided in s. 63.092 to ascertain
16 whether the adoptive home is a suitable home for the minor and
17 whether the proposed adoption is in the best interest of the
18 minor. Unless directed by the court, an investigation and
19 recommendation are not required if the petitioner is a
20 stepparent or if the minor child is related to one of the
21 adoptive parents within the third degree of consanguinity.
22 The department is required to perform the home investigation
23 only if there is no licensed child-placing agency or
24 professional pursuant to s. 63.092 in the county in which the
25 prospective adoptive parent resides.
26 (2) The department, the licensed child-placing agency,
27 or the professional that performs the investigation must file
28 a written report of the investigation with the court and the
29 petitioner within 90 days after the date the petition is
30 filed.
31 (3) The report of the investigation must contain an
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1 evaluation of the placement with a recommendation on the
2 granting of the petition for adoption and any other
3 information the court requires regarding the petitioner or the
4 minor.
5 (4) The department, the licensed child-placing agency,
6 or the professional making the required investigation may
7 request other state agencies or child-placing agencies within
8 or outside this state to make investigations of designated
9 parts of the inquiry and to make a written report to the
10 department, the professional, or other person or agency.
11 (5) The final home investigation must include:
12 (a) The information from the preliminary home study.
13 (b) After the minor child is placed in the intended
14 adoptive home, two scheduled visits with the minor child and
15 the minor's child's adoptive parent or parents, one of which
16 visits must be in the home, to determine the suitability of
17 the placement.
18 (c) The family social and medical history as provided
19 in s. 63.082.
20 (d) Any other information relevant to the suitability
21 of the intended adoptive home.
22 (e) Any other relevant information, as provided in
23 rules that the department may adopt.
24 Section 28. Section 63.132, Florida Statutes, is
25 amended to read:
26 63.132 Affidavit Report of expenses expenditures and
27 receipts.--
28 (1) At least 10 days before the hearing on the
29 petition for adoption, the prospective adoptive parent
30 petitioner and any adoption entity intermediary must file two
31 copies of an affidavit under this section.
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1 (a) The affidavit must be signed by the adoption
2 entity and the prospective adoptive parents. A copy of the
3 affidavit must be provided to the adoptive parents at the time
4 the affidavit is executed.
5 (b) The affidavit must itemize containing a full
6 accounting of all disbursements and receipts of anything of
7 value, including professional and legal fees, made or agreed
8 to be made by or on behalf of the prospective adoptive parent
9 petitioner and any adoption entity intermediary in connection
10 with the adoption. or in connection with any prior proceeding
11 to terminate parental rights which involved the minor who is
12 the subject of the petition for adoption. The affidavit must
13 also include, for each fee itemized, the service provided for
14 which the fee is being charged, the date the service was
15 provided, the time required to provide the service, the person
16 or entity that provided the service, and the hourly fee
17 charged.
18 (c) The clerk of the court shall forward a copy of the
19 affidavit to the department.
20 (d) The affidavit report must show any expenses or
21 receipts incurred in connection with:
22 1.(a) The birth of the minor.
23 2.(b) The placement of the minor with the petitioner.
24 3.(c) The medical or hospital care received by the
25 mother or by the minor during the mother's prenatal care and
26 confinement.
27 4.(d) The living expenses of the birth mother. The
28 living expenses must be documented in detail to apprise the
29 court of the exact expenses incurred.
30 5.(e) The services relating to the adoption or to the
31 placement of the minor for adoption that were received by or
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1 on behalf of the petitioner, the adoption entity intermediary,
2 either natural parent, the minor, or any other person.
3
4 The affidavit must state whether any of these expenses were
5 paid for by collateral sources, including, but not limited to,
6 health insurance, Medicaid, Medicare, or public assistance.
7 (2) The court may require such additional information
8 as is deemed necessary.
9 (3) The court must issue a separate order approving or
10 disapproving the fees, costs, and expenses itemized in the
11 affidavit. The court may approve only fees, costs, and
12 expenditures allowed under s. 63.097. The court may reject in
13 whole or in part any fee, cost, or expenditure listed if the
14 court finds that the expense is:
15 (a) Contrary to this chapter;
16 (b) Not supported by a receipt in the record, if the
17 expense is not a fee of the adoption entity; or
18 (c) Not a reasonable fee or expense, considering the
19 requirements of this chapter and the totality of the
20 circumstances.
21 (4)(3) This section does not apply to an adoption by a
22 stepparent whose spouse is a natural or adoptive parent of the
23 minor child.
24 Section 29. Section 63.142, Florida Statutes, is
25 amended to read:
26 63.142 Hearing; judgment of adoption.--
27 (1) APPEARANCE.--The petitioner and the person to be
28 adopted shall appear at the hearing on the petition for
29 adoption, unless:
30 (a) The person is a minor under 12 years of age;, or
31 (b) The presence of either is excused by the court for
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1 good cause.
2 (2) CONTINUANCE.--The court may continue the hearing
3 from time to time to permit further observation,
4 investigation, or consideration of any facts or circumstances
5 affecting the granting of the petition.
6 (3) DISMISSAL.--
7 (a) If the petition is dismissed, the court shall
8 determine the person that is to have custody of the minor.
9 (b) If the petition is dismissed, the court shall
10 state with specificity the reasons for the dismissal.
11 (4) JUDGMENT.--At the conclusion of the hearing, after
12 when the court determines that the date for a parent to file
13 an appeal of a valid judgment terminating that parent's
14 parental rights has passed and no appeal, pursuant to the
15 Florida Rules of Appellate Procedure, is pending all necessary
16 consents have been obtained and that the adoption is in the
17 best interest of the person to be adopted, a judgment of
18 adoption shall be entered.
19 (a) A judgment terminating parental rights pending
20 adoption is voidable and any later judgment of adoption of
21 that minor is voidable if, upon a motion to set aside of a
22 parent, the court finds that any person knowingly gave false
23 information that prevented the parent from timely making known
24 his or her desire to assume parental responsibilities toward
25 the minor or meeting the requirements under this chapter to
26 exercise his or her parental rights. A motion under this
27 paragraph must be filed with the court that entered the
28 original judgment. The motion must be filed within a
29 reasonable time, but not later than 2 years after the date the
30 judgment terminating parental rights was entered.
31 (b) Except upon good cause shown, no later than 30
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1 days after the filing of a motion under this subsection, the
2 court must conduct a preliminary hearing to determine what
3 contact, if any, shall be permitted between a parent and the
4 child pending resolution of the motion. Such contact shall be
5 considered only if it is requested by a parent who has
6 appeared at the hearing. If the court orders contact between a
7 parent and child, the order must be issued in writing as
8 expeditiously as possible and must state with specificity any
9 provisions regarding contact with persons other than those
10 with whom the child resides.
11 (c) At the preliminary hearing, the court, upon the
12 motion of any party or its own motion, may order scientific
13 testing to determine the paternity of the minor if the person
14 seeking to set aside the judgment is alleging to be the
15 child's father and that fact has not previously been
16 determined by legitimacy or scientific testing. The court may
17 order supervised visitation with a person for whom scientific
18 testing for paternity has been ordered. Such visitation shall
19 be conditioned upon the filing of those test results with the
20 court and such results establishing that person's paternity of
21 the minor.
22 (d) Except upon good cause shown, no later than 45
23 days after the preliminary hearing, the court must conduct a
24 final hearing on the motion to set aside the judgment and
25 issue its written order as expeditiously as possible
26 thereafter.
27 Section 30. Subsection (2) of section 63.162, Florida
28 Statutes, is amended to read:
29 63.162 Hearings and records in adoption proceedings;
30 confidential nature.--
31 (2) All papers and records pertaining to the adoption,
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1 including the original birth certificate, whether part of the
2 permanent record of the court or a file in the office of an
3 adoption entity department, in a licensed child-placing
4 agency, or in the office of an intermediary are confidential
5 and subject to inspection only upon order of the court;
6 however, the petitioner in any proceeding for adoption under
7 this chapter may, at the option of the petitioner, make public
8 the reasons for a denial of the petition for adoption. The
9 order must specify which portion of the records are subject to
10 inspection, and it may exclude the name and identifying
11 information concerning the birth parent or adoptee. Papers and
12 records of the department, a court, or any other governmental
13 agency, which papers and records relate to adoptions, are
14 exempt from s. 119.07(1). In the case of a nonagency
15 adoption, the department must be given notice of hearing and
16 be permitted to present to the court a report on the
17 advisability of disclosing or not disclosing information
18 pertaining to the adoption. In the case of an agency
19 adoption, the licensed child-placing agency must be given
20 notice of hearing and be permitted to present to the court a
21 report on the advisability of disclosing or not disclosing
22 information pertaining to the adoption. This subsection does
23 not prohibit the department from inspecting and copying any
24 official record pertaining to the adoption that is maintained
25 by the department and does not prohibit an agency from
26 inspecting and copying any official record pertaining to the
27 adoption that is maintained by that agency.
28 Section 31. Section 63.165, Florida Statutes, is
29 amended to read:
30 63.165 State registry of adoption information; duty to
31 inform and explain.--Notwithstanding any other law to the
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1 contrary, the department shall maintain a registry with the
2 last known names and addresses of an adoptee and his or her
3 natural parents whose consent was required under s. 63.062,
4 and adoptive parents and any other identifying information
5 that which the adoptee, natural parents whose consent was
6 required under s. 63.062, or adoptive parents desire to
7 include in the registry. The department shall maintain the
8 registry records for the time required by rules adopted by the
9 department in accordance with this chapter or for 99 years,
10 whichever period is greater. The registry shall be open with
11 respect to all adoptions in the state, regardless of when they
12 took place. The registry shall be available for those persons
13 choosing to enter information therein, but no one shall be
14 required to do so.
15 (1) Anyone seeking to enter, change, or use
16 information in the registry, or any agent of such person,
17 shall present verification of his or her identity and, if
18 applicable, his or her authority. A person who enters
19 information in the registry shall be required to indicate
20 clearly the persons to whom he or she is consenting to release
21 this information, which persons shall be limited to the
22 adoptee and the birth natural mother, natural father whose
23 consent was required under s. 63.062, adoptive mother,
24 adoptive father, birth natural siblings, and maternal and
25 paternal birth natural grandparents of the adoptee. Except as
26 provided in this section, information in the registry is
27 confidential and exempt from the provisions of s. 119.07(1).
28 Consent to the release of this information may be made in the
29 case of a minor adoptee by his or her adoptive parents or by
30 the court after a showing of good cause. At any time, any
31 person may withdraw, limit, or otherwise restrict consent to
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1 release information by notifying the department in writing.
2 (2) The department may charge a reasonable fee to any
3 person seeking to enter, change, or use information in the
4 registry. The department shall deposit such fees in a trust
5 fund to be used by the department only for the efficient
6 administration of this section. The department and agencies
7 shall make counseling available for a fee to all persons
8 seeking to use the registry, and the department shall inform
9 all affected persons of the availability of such counseling.
10 (3) The adoption entity department, intermediary, or
11 licensed child-placing agency must inform the birth parents
12 before parental rights are terminated, and the adoptive
13 parents before placement, in writing, of the existence and
14 purpose of the registry established under this section, but
15 failure to do so does not affect the validity of any
16 proceeding under this chapter.
17 Section 32. Section 63.182, Florida Statutes, is
18 amended to read:
19 (Substantial rewording of section. See
20 s. 63.182, F.S., for present text.)
21 63.182 Statute of repose.--
22 (1) An action or proceeding of any kind to vacate, set
23 aside, or otherwise nullify a judgment of adoption or an
24 underlying judgment terminating parental rights on any ground,
25 including duress but excluding fraud, shall in no event be
26 filed more than 1 year after entry of the judgment terminating
27 parental rights.
28 (2) An action or proceeding of any kind to vacate, set
29 aside, or otherwise nullify a judgment of adoption or an
30 underlying judgment terminating parental rights on grounds of
31 fraud shall in no event be filed more than 2 years after entry
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1 of the judgment terminating parental rights.
2 Section 33. Subsection (2) of section 63.202, Florida
3 Statutes, is amended to read:
4 63.202 Authority to license; adoption of rules.--
5 (2) No agency shall place a minor for adoption unless
6 such agency is licensed by the department, except a
7 child-caring agency registered under s. 409.176.
8 Section 34. Section 63.207, Florida Statutes, is
9 amended to read:
10 63.207 Out-of-state placement.--
11 (1) Unless the parent placing a minor for adoption
12 files an affidavit that the parent chooses to place the minor
13 outside the state, giving the reason for that placement, or
14 the minor child is to be placed with a relative within the
15 third degree or with a stepparent, or the minor is a special
16 needs child, as defined in s. 409.166, or for other good cause
17 shown, an adoption entity may not no person except an
18 intermediary, an agency, or the department shall:
19 (a) Take or send a minor child out of the state for
20 the purpose of placement for adoption; or
21 (b) Place or attempt to place a minor child for the
22 purpose of adoption with a family who primarily lives and
23 works outside Florida in another state. An intermediary may
24 place or attempt to place a child for adoption in another
25 state only if the child is a special needs child as that term
26 is defined in s. 409.166. If an adoption entity intermediary
27 is acting under this subsection, the adoption entity must
28 intermediary shall file a petition for declaratory statement
29 pursuant to s. 63.102 for prior approval of fees and costs.
30 The court shall review the costs pursuant to s. 63.097. The
31 petition for declaratory statement must be converted to a
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1 petition for an adoption upon placement of the minor child in
2 the home. The circuit court in this state must retain
3 jurisdiction over the matter until the adoption becomes final.
4 The prospective adoptive parents must come to this state to
5 have the adoption finalized. Violation of the order subjects
6 the adoption entity intermediary to contempt of court and to
7 the penalties provided in s. 63.212.
8 (2) An adoption entity intermediary may not counsel a
9 birth mother to leave the state for the purpose of giving
10 birth to a child outside the state in order to secure a fee in
11 excess of that permitted under s. 63.097 when it is the
12 intention that the child is to be placed for adoption outside
13 the state.
14 (3) When applicable, the Interstate Compact on the
15 Placement of Children authorized in s. 409.401 shall be used
16 in placing children outside the state for adoption.
17 Section 35. Section 63.212, Florida Statutes, is
18 amended to read:
19 63.212 Prohibited acts; penalties for violation;
20 preplanned adoption agreement.--
21 (1) It is unlawful for any person:
22 (a) Except the department, an intermediary, or an
23 agency, To place or attempt to place a minor child for
24 adoption with a person who primarily lives and works outside
25 this state unless the minor child is placed with a relative
26 within the third degree or with a stepparent. An intermediary
27 may place or attempt to place a special needs child for
28 adoption with a person who primarily lives and works outside
29 this state only if the intermediary has a declaratory
30 statement from the court establishing the fees to be paid.
31 This requirement does not apply if the minor child is placed
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1 by an adoption entity in accordance with s. 63.207 with a
2 relative within the third degree or with a stepparent.
3 (b) Except the department, an intermediary, or an
4 agency, to place or attempt to place a child for adoption with
5 a family whose primary residence and place of employment is in
6 another state unless the child is placed with a relative
7 within the third degree or with a stepparent. An intermediary
8 may place or attempt to place a special needs child for
9 adoption with a family whose primary residence and place of
10 employment is in another state only if the intermediary has a
11 declaratory statement from the court establishing the fees to
12 be paid. This requirement does not apply if the child is
13 placed with a relative within the third degree or with a
14 stepparent.
15 (b)(c) Except an adoption entity the Department of
16 Children and Family Services, an agency, or an intermediary,
17 to place or attempt to place within the state a minor child
18 for adoption unless the minor child is placed with a relative
19 within the third degree or with a stepparent. This
20 prohibition, however, does not apply to a person who is
21 placing or attempting to place a minor child for the purpose
22 of adoption with the adoption entity Department of Children
23 and Family Services or an agency or through an intermediary.
24 (c)(d) To sell or surrender, or to arrange for the
25 sale or surrender of, a minor child to another person for
26 money or anything of value or to receive such minor child for
27 such payment or thing of value. If a minor child is being
28 adopted by a relative within the third degree or by a
29 stepparent, or is being adopted through an adoption entity,
30 this paragraph does not prohibit the Department of Children
31 and Family Services, an agency, or an intermediary, nothing
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1 herein shall be construed as prohibiting the person who is
2 contemplating adopting the child from paying, under ss. 63.097
3 and 63.132, the actual prenatal care and living expenses of
4 the mother of the child to be adopted, or nor from paying,
5 under ss. 63.097 and 63.132, the actual living and medical
6 expenses of such mother for a reasonable time, not to exceed 6
7 weeks, if medical needs require such support, after the birth
8 of the minor child.
9 (d)(e) Having the rights and duties of a parent with
10 respect to the care and custody of a minor to assign or
11 transfer such parental rights for the purpose of, incidental
12 to, or otherwise connected with, selling or offering to sell
13 such rights and duties.
14 (e)(f) To assist in the commission of any act
15 prohibited in paragraphs (a)-(d) paragraph (a), paragraph (b),
16 paragraph (c), paragraph (d), or paragraph (e).
17 (f)(g) Except an adoption entity the Department of
18 Children and Family Services or an agency, to charge or accept
19 any fee or compensation of any nature from anyone for making a
20 referral in connection with an adoption.
21 (g)(h) Except an adoption entity the Department of
22 Children and Family Services, an agency, or an intermediary,
23 to advertise or offer to the public, in any way, by any medium
24 whatever that a minor child is available for adoption or that
25 a minor child is sought for adoption; and, further, it is
26 unlawful for any person to publish or broadcast any such
27 advertisement without including a Florida license number of
28 the agency or, attorney, or physician placing the
29 advertisement.
30 (h)(i) To contract for the purchase, sale, or transfer
31 of custody or parental rights in connection with any child, or
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1 in connection with any fetus yet unborn, or in connection with
2 any fetus identified in any way but not yet conceived, in
3 return for any valuable consideration. Any such contract is
4 void and unenforceable as against the public policy of this
5 state. However, fees, costs, and other incidental payments
6 made in accordance with statutory provisions for adoption,
7 foster care, and child welfare are permitted, and a person may
8 agree to pay expenses in connection with a preplanned adoption
9 agreement as specified below, but the payment of such expenses
10 may not be conditioned upon the transfer of parental rights.
11 Each petition for adoption which is filed in connection with a
12 preplanned adoption agreement must clearly identify the
13 adoption as a preplanned adoption arrangement and must include
14 a copy of the preplanned adoption agreement for review by the
15 court.
16 1. Individuals may enter into a preplanned adoption
17 arrangement as specified herein, but such arrangement shall
18 not in any way:
19 a. Effect final transfer of custody of a child or
20 final adoption of a child, without review and approval of the
21 department and the court, and without compliance with other
22 applicable provisions of law.
23 b. Constitute consent of a mother to place her child
24 for adoption until 7 days following birth, and unless the
25 court making the custody determination or approving the
26 adoption determines that the mother was aware of her right to
27 rescind within the 7-day period following birth but chose not
28 to rescind such consent.
29 2. A preplanned adoption arrangement shall be based
30 upon a preplanned adoption agreement that must which shall
31 include, but need not be limited to, the following terms:
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1 a. That the volunteer mother agrees to become pregnant
2 by the fertility technique specified in the agreement, to bear
3 the child, and to terminate any parental rights and
4 responsibilities to the child she might have through a written
5 consent executed at the same time as the preplanned adoption
6 agreement, subject to a right of rescission by the volunteer
7 mother any time within 7 days after the birth of the child.
8 b. That the volunteer mother agrees to submit to
9 reasonable medical evaluation and treatment and to adhere to
10 reasonable medical instructions about her prenatal health.
11 c. That the volunteer mother acknowledges that she is
12 aware that she will assume parental rights and
13 responsibilities for the child born to her as otherwise
14 provided by law for a mother, if the intended father and
15 intended mother terminate the agreement before final transfer
16 of custody is completed, or if a court determines that a
17 parent clearly specified by the preplanned adoption agreement
18 to be the biological parent is not the biological parent, or
19 if the preplanned adoption is not approved by the court
20 pursuant to the Florida Adoption Act.
21 d. That an intended father who is also the biological
22 father acknowledges that he is aware that he will assume
23 parental rights and responsibilities for the child as
24 otherwise provided by law for a father, if the agreement is
25 terminated for any reason by any party before final transfer
26 of custody is completed or if the planned adoption is not
27 approved by the court pursuant to the Florida Adoption Act.
28 e. That the intended father and intended mother
29 acknowledge that they may not receive custody or the parental
30 rights under the agreement if the volunteer mother terminates
31 the agreement or if the volunteer mother rescinds her consent
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1 to place her child for adoption within 7 days after birth.
2 f. That the intended father and intended mother may
3 agree to pay all reasonable legal, medical, psychological, or
4 psychiatric expenses of the volunteer mother related to the
5 preplanned adoption arrangement, and may agree to pay the
6 reasonable living expenses of the volunteer mother. No other
7 compensation, whether in cash or in kind, shall be made
8 pursuant to a preplanned adoption arrangement.
9 g. That the intended father and intended mother agree
10 to accept custody of and to assert full parental rights and
11 responsibilities for the child immediately upon the child's
12 birth, regardless of any impairment to the child.
13 h. That the intended father and intended mother shall
14 have the right to specify the blood and tissue typing tests to
15 be performed if the agreement specifies that at least one of
16 them is intended to be the biological parent of the child.
17 i. That the agreement may be terminated at any time by
18 any of the parties.
19 3. A preplanned adoption agreement shall not contain
20 any provision:
21 a. To reduce any amount paid to the volunteer mother
22 if the child is stillborn or is born alive but impaired, or to
23 provide for the payment of a supplement or bonus for any
24 reason.
25 b. Requiring the termination of the volunteer mother's
26 pregnancy.
27 4. An attorney who represents an intended father and
28 intended mother or any other attorney with whom that attorney
29 is associated shall not represent simultaneously a female who
30 is or proposes to be a volunteer mother in any matter relating
31 to a preplanned adoption agreement or preplanned adoption
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1 arrangement.
2 5. Payment to agents, finders, and intermediaries,
3 including attorneys and physicians, as a finder's fee for
4 finding volunteer mothers or matching a volunteer mother and
5 intended father and intended mother is prohibited. Doctors,
6 psychologists, attorneys, and other professionals may receive
7 reasonable compensation for their professional services, such
8 as providing medical services and procedures, legal advice in
9 structuring and negotiating a preplanned adoption agreement,
10 or counseling.
11 6. As used in this paragraph, the term:
12 a. "Blood and tissue typing tests" include, but are
13 not limited to, tests of red cell antigens, red cell
14 isoenzymes, human leukocyte antigens, and serum proteins.
15 b. "Child" means the child or children conceived by
16 means of an insemination that is part of a preplanned adoption
17 arrangement.
18 c. "Fertility technique" means artificial
19 embryonation, artificial insemination, whether in vivo or in
20 vitro, egg donation, or embryo adoption.
21 d. "Intended father" means a male who, as evidenced by
22 a preplanned adoption agreement, intends to have the parental
23 rights and responsibilities for a child conceived through a
24 fertility technique, regardless of whether the child is
25 biologically related to the male.
26 e. "Intended mother" means a female who, as evidenced
27 by a preplanned adoption agreement, intends to have the
28 parental rights and responsibilities for a child conceived
29 through a fertility technique, regardless of whether the child
30 is biologically related to the female.
31 f. "Parties" means the intended father and intended
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1 mother, the volunteer mother and her husband, if she has a
2 husband, who are all parties to the preplanned adoption
3 agreement.
4 g. "Preplanned adoption agreement" means a written
5 agreement among the parties that specifies the intent of the
6 parties as to their rights and responsibilities in the
7 preplanned adoption arrangement, consistent with the
8 provisions of this act.
9 h. "Preplanned adoption arrangement" means the
10 arrangement through which the parties enter into an agreement
11 for the volunteer mother to bear the child, for payment by the
12 intended father and intended mother of the expenses allowed by
13 this act, for the intended father and intended mother to
14 assert full parental rights and responsibilities to the child
15 if consent to adoption is not rescinded after birth by the
16 volunteer mother, and for the volunteer mother to terminate,
17 subject to a right of rescission, in favor of the intended
18 father and intended mother all her parental rights and
19 responsibilities to the child.
20 i. "Volunteer mother" means a female person at least
21 18 years of age who voluntarily agrees, subject to a right of
22 rescission, that if she should become pregnant pursuant to a
23 preplanned adoption arrangement, she will terminate in favor
24 of the intended father and intended mother her parental rights
25 and responsibilities to the child.
26 (2)(a) It is unlawful for any person under this
27 chapter to:
28 1. Knowingly provide false information;
29 2. Knowingly withhold material information; or
30 3. For a parent, with the intent to defraud, to accept
31 benefits related to the same pregnancy from more than one
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1 adoption entity without disclosing that fact to each entity.
2 (b) It is unlawful for any person who knows that the
3 parent whose rights are to be terminated intends to object to
4 said termination to intentionally file the petition for
5 termination of parental rights in a county inconsistent with
6 the required venue under such circumstances.
7 (c) Any person who willfully violates any provision of
8 this subsection commits a misdemeanor of the second degree,
9 punishable as provided in s. 775.082 or s. 775.083. In
10 addition, such person is liable for damages caused by such
11 acts or omissions, including reasonable attorney's fees and
12 costs. Damages may be awarded through restitution in any
13 related criminal prosecution or by filing a separate civil
14 action.
15 (3)(2) This section does not Nothing herein shall be
16 construed to prohibit an adoption entity a licensed
17 child-placing agency from charging fees permitted under this
18 chapter and reasonably commensurate to the services provided.
19 (4)(3) It is unlawful for any adoption entity
20 intermediary to fail to report to the court, prior to
21 placement, the intended placement of a minor child for
22 purposes of adoption with any person not a stepparent or a
23 relative within the third degree, if the adoption entity
24 intermediary participates in such intended placement.
25 (5)(4) It is unlawful for any adoption entity
26 intermediary to charge any fee except those fees permitted
27 under s. 63.097 and approved under s. 63.102 over $1,000 and
28 those costs as set out in paragraph (1)(d) over $2,500, other
29 than for actual documented medical costs, court costs, and
30 hospital costs unless such fee is approved by the court prior
31 to the assessment of the fee by the intermediary and upon a
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1 showing of justification for the larger fee.
2 (6)(5) It is unlawful for any adoption entity
3 intermediary to counsel a birth mother to leave the state for
4 the purpose of giving birth to a child outside the state in
5 order to secure a fee in excess of that permitted under s.
6 63.097 when it is the intention that the child be placed for
7 adoption outside the state.
8 (7)(6) It is unlawful for any adoption entity
9 intermediary to obtain a preliminary home study or final home
10 investigation and fail to disclose the existence of the study
11 or investigation to the court.
12 (8)(7) Unless otherwise indicated, a person who
13 violates any provision of this section, excluding paragraph
14 (1)(g)(h), commits is guilty of a felony of the third degree,
15 punishable as provided in s. 775.082, s. 775.083, or s.
16 775.084. A person who violates paragraph (1)(g)(h) commits is
17 guilty of a misdemeanor of the second degree, punishable as
18 provided in s. 775.083; and each day of continuing violation
19 shall be considered a separate offense.
20 Section 36. Section 63.219, Florida Statutes, is
21 amended to read:
22 63.219 Sanctions.--Upon a finding by the court that an
23 adoption entity intermediary or agency has violated any
24 provision of this chapter, the court is authorized to prohibit
25 the adoption entity intermediary or agency from placing a
26 minor for adoption in the future.
27 Section 37. Paragraph (c) of subsection (1) and
28 paragraph (c) of subsection (2) of section 63.301, Florida
29 Statutes, are amended to read:
30 63.301 Advisory council on adoption.--
31 (1) There is created within the Department of Children
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1 and Family Services an advisory council on adoption. The
2 council shall consist of 17 members to be appointed by the
3 Secretary of Children and Family Services as follows:
4 (c) One member shall be a representative from a
5 child-caring agency registered under s. 409.176 that physician
6 licensed to practice in Florida who, as an intermediary,
7 places or has placed children for adoption.
8
9 All members shall be appointed to serve 2-year terms.
10 (2) The functions of the council shall be to:
11 (c) Review and evaluate law, procedures, policies, and
12 practice regarding the protection of children placed for
13 adoption, birth parents, and adoptive parents utilizing the
14 services of an adoption entity the Department of Children and
15 Family Services, licensed child-placing agencies, and
16 intermediaries, to determine areas needing legislative,
17 administrative, or other interventions.
18 Section 38. Subsections (49) and (50) of section
19 39.01, Florida Statutes, 1998 Supplement, are amended to read:
20 39.01 Definitions.--When used in this chapter, unless
21 the context otherwise requires:
22 (49) "Parent" means a woman who gives birth to a child
23 and a man whose consent to the adoption of the child would be
24 required under s. 63.062(1) s. 63.062(1)(b). If a child has
25 been legally adopted, the term "parent" means the adoptive
26 mother or father of the child. The term does not include an
27 individual whose parental relationship to the child has been
28 legally terminated, or an alleged or prospective parent,
29 unless the parental status falls within the terms of s.
30 39.503(1) s. 39.4051(1) or s. 63.062(1)(b).
31 (50) "Participant," for purposes of a shelter
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1 proceeding, dependency proceeding, or termination of parental
2 rights proceeding, means any person who is not a party but who
3 should receive notice of hearings involving the child,
4 including foster parents or caregivers, identified prospective
5 parents, or grandparents entitled to priority for adoption
6 consideration under s. 63.0425, actual custodians of the
7 child, and any other person whose participation may be in the
8 best interest of the child. Participants may be granted leave
9 by the court to be heard without the necessity of filing a
10 motion to intervene.
11 Section 39. Subsection (41) of section 984.03, Florida
12 Statutes, 1998 Supplement, is amended to read:
13 984.03 Definitions.--When used in this chapter, the
14 term:
15 (41) "Parent" means a woman who gives birth to a child
16 and a man whose consent to the adoption of the child would be
17 required under s. 63.062(1)(b). If a child has been legally
18 adopted, the term "parent" means the adoptive mother or father
19 of the child. The term does not include an individual whose
20 parental relationship to the child has been legally
21 terminated, or an alleged or prospective parent, unless the
22 parental status falls within the terms of either s. 39.503(1)
23 or s. 63.062(1)(b).
24 Section 40. Subsection (42) of section 985.03, Florida
25 Statutes, 1998 Supplement, is amended to read:
26 985.03 Definitions.--When used in this chapter, the
27 term:
28 (42) "Parent" means a woman who gives birth to a child
29 and a man whose consent to the adoption of the child would be
30 required under s. 63.062(1)(b). If a child has been legally
31 adopted, the term "parent" means the adoptive mother or father
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1 of the child. The term does not include an individual whose
2 parental relationship to the child has been legally
3 terminated, or an alleged or prospective parent, unless the
4 parental status falls within the terms of either s. 39.503(1)
5 or s. 63.062(1)(b).
6 Section 41. Section 63.072, Florida Statutes, is
7 repealed.
8 Section 42. Any petition for adoption filed before
9 October 1, 1999, shall be governed by the law in effect at the
10 time the petition was filed.
11
12
13 ================ T I T L E A M E N D M E N T ===============
14 And the title is amended as follows:
15 On page 1, line 22, after the semicolon
16
17 insert:
18 amending ss. 39.703, 39.802, 39.806, and
19 39.811, F.S., relating to the petition and
20 grounds for terminating parental rights and
21 powers of disposition; removing provisions
22 authorizing licensed child-placing agencies to
23 file actions to terminate parental rights;
24 amending s. 39.812, F.S.; providing additional
25 requirements for a petition for adoption;
26 prohibiting filing such petition until the
27 order terminating parental rights is final;
28 amending s. 63.022, F.S.; revising legislative
29 intent with respect to adoptions; amending s.
30 63.032, F.S.; revising definitions; defining
31 "adoption entity," "legal custody," "parent,"
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1 and "relative"; creating s. 63.037, F.S.;
2 exempting certain provisions from adoption
3 proceedings initiated under ch. 39, F.S.;
4 creating s. 63.039, F.S.; providing duties of
5 an adoption entity to prospective adoptive
6 parents; providing sanctions and an award of
7 attorney's fees under certain circumstances;
8 amending s. 63.0425, F.S.; conforming
9 provisions relating to grandparent's right to
10 adopt; amending s. 63.052, F.S.; providing for
11 placement of a minor pending adoption;
12 specifying the jurisdiction of the court over a
13 minor placed for adoption; amending s. 63.062,
14 F.S.; specifying additional persons who must
15 consent to an adoption, execute an affidavit of
16 nonpaternity, or receive notice of proceedings
17 to terminate parental rights; providing for
18 form and content of affidavit of nonpaternity;
19 providing for notice of the right to select a
20 witness; providing a form for waiver of venue;
21 amending s. 63.082, F.S.; revising requirements
22 and form for executing a consent to an
23 adoption; making such requirements applicable
24 to affidavit of nonpaternity; providing a
25 revocation period and requirements for
26 withdrawing consent; providing additional
27 disclosure requirements; revising requisite
28 history form to include social history;
29 amending s. 63.085, F.S.; specifying
30 information that must be disclosed to persons
31 seeking to adopt a minor and to the parents;
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1 creating s. 63.087, F.S.; requiring that a
2 separate proceeding be conducted by the court
3 to determine whether a parent's parental rights
4 should be terminated; providing for rules,
5 jurisdiction, and venue for such proceedings;
6 providing requirements for the petition and
7 hearing; creating s. 63.088, F.S.; providing
8 diligent search and court inquiry requirements
9 for identifying and locating a person who is
10 required to consent to an adoption or receive
11 notice of proceedings to terminate parental
12 rights; providing notice requirements including
13 notice by constructive service; providing that
14 failure to respond or appear constitutes
15 grounds to terminate parental rights pending
16 adoption; creating s. 63.089, F.S.; providing
17 hearing procedures for proceedings to terminate
18 parental rights pending adoption; specifying
19 grounds upon which parental rights may be
20 terminated; providing for finding of
21 abandonment; providing for dismissal of
22 petition procedures; providing for
23 post-judgment relief; providing for
24 confidentiality of records; amending s. 63.092,
25 F.S.; providing requirements in an at-risk
26 placement before termination of parental
27 rights; amending s. 63.097, F.S.; revising fee
28 requirements to provide for allowable and
29 prohibited fees and costs; amending s. 63.102,
30 F.S.; revising requirements for filing a
31 petition for adoption; providing requirements
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Amendment No.
1 for prior approval of fees and costs; revising
2 requirements for declaratory statement as to
3 adoption contract; amending s. 63.112, F.S.;
4 revising requirements for form and content of a
5 petition for adoption; amending s. 63.122,
6 F.S.; revising the time requirements for
7 hearing a petition for adoption; amending s.
8 63.125, F.S.; conforming provisions relating to
9 the final home investigation; amending s.
10 63.132, F.S.; revising requirements for
11 affidavit of expenses and receipts; requiring
12 separate court order approving fees, costs, and
13 expenses; amending s. 63.142, F.S.; specifying
14 circumstances under which a judgment
15 terminating parental rights pending adoption is
16 voidable; providing for an evidentiary hearing
17 to determine the minor's placement following a
18 motion to void such a judgment; amending s.
19 63.162, F.S.; conforming provisions relating to
20 confidential records of adoption proceedings;
21 amending s. 63.165, F.S.; requiring that a copy
22 of the certified statement of final decree of
23 adoption be included in the state registry of
24 adoption information; requiring that the
25 Department of Children and Family Services
26 maintain such information for a specified
27 period; amending s. 63.182, F.S.; providing a
28 1-year statute of repose for actions to set
29 aside or vacate a judgment of adoption or a
30 judgment terminating parental rights pending
31 adoption; providing a 2-year statute of repose
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Amendment No.
1 for an action in fraud to set aside or vacate a
2 judgment of adoption or a judgment terminating
3 parenting rights; amending s. 63.202, F.S.;
4 conforming provisions relating to agencies
5 authorized to place minors for adoption;
6 amending s. 63.207, F.S.; revising provisions
7 that limit the placement of a minor in another
8 state for adoption; amending s. 63.212, F.S.;
9 revising provisions relating to prohibitions
10 and penalties with respect to adoptions;
11 amending s. 63.219, F.S.; conforming provisions
12 relating to sanctions; amending s. 63.301,
13 F.S.; revising membership of an advisory
14 council on adoption to include a child-caring
15 agency registered under s. 409.176, F.S.;
16 amending ss. 39.01, 984.03, and 985.03, F.S.;
17 correcting cross-references; repealing s.
18 63.072, F.S., relating to persons who may waive
19 required consent to an adoption; requiring that
20 a petition for adoption be governed by the law
21 in effect at the time the petition is filed;
22 providing for severability;
23
24
25
26
27
28
29
30
31
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