Senate Bill sb2422

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                  SB 2422

    By Senator Burt





    16-1540-02

  1                      A bill to be entitled

  2         An act relating to adoption; amending s.

  3         63.022, F.S.; revising legislative intent with

  4         respect to maintaining sibling groups in

  5         adoptions; amending s. 63.039, F.S.; revising

  6         requirements for obtaining a written waiver of

  7         venue; eliminating a requirement for the

  8         payment of attorney's fees and costs in certain

  9         actions to set aside a judgment terminating

10         parental rights or a judgment of adoption;

11         amending s. 63.042, F.S.; authorizing a married

12         person to adopt without the other spouse

13         joining as a petitioner if it is in the best

14         interests of the child; amending s. 63.0423,

15         F.S.; revising the period within which a motion

16         for a termination of parental rights pending

17         adoption must be filed; amending ss. 63.0425,

18         63.062, F.S.; revising requirements for

19         notifying a grandparent or father of an

20         impending adoption; revising requirements for

21         obtaining a written waiver of venue; amending

22         s. 63.082, F.S.; providing requirements for

23         identifying parents; eliminating provisions

24         allowing the revocation of an adoption before

25         placement of the minor; conforming notice

26         requirements to changes made by the act;

27         amending s. 63.085, F.S.; revising the period

28         for an adoption entity to make certain

29         disclosures to a person seeking to place a

30         minor; conforming notice requirements to

31         changes made by the act; amending s. 63.087,

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         F.S.; revising requirements for venue in a

  2         proceeding to terminate parental rights pending

  3         adoption; providing for a single filing fee

  4         with respect to multiple proceedings; amending

  5         s. 63.088, F.S.; revising the period in which

  6         to begin procedures to locate certain parties

  7         to an adoption; amending s. 63.089, F.S.;

  8         revising circumstances under which the court

  9         may make a finding of abandonment; removing a

10         requirement that the court dismiss a case with

11         prejudice if it fails to find that parental

12         rights should be terminated; revising the

13         period within which a motion must be filed to

14         void a judgment of adoption; revising

15         requirements for conducting a final hearing;

16         amending s. 63.092, F.S.; removing a

17         requirement for a home study prior to placement

18         under certain circumstances; amending s.

19         63.097, F.S.; providing for additional living

20         expenses to be paid by an adoption entity;

21         revising a limitation on court costs;

22         eliminating a limitation on cumulative

23         expenses; amending s. 63.102, F.S.; revising

24         requirements for a petition for adoption or a

25         declaratory statement; revising certain

26         limitations on nonrefundable payments to the

27         adoption entity; amending s. 63.132, F.S.;

28         revising requirements for the affidavit of

29         expenses and receipts; amending s. 63.142,

30         F.S.; revising the period for filing a motion

31         to void a judgment terminating parental rights

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         pending adoption; amending s. 63.172, F.S.;

  2         eliminating an exception for rights of

  3         inheritance with respect to the effect of a

  4         judgment of adoption; amending ss. 63.207,

  5         63.212, F.S.; revising certain limitations on

  6         placing a minor with a relative; providing an

  7         effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Subsection (1) of section 63.022, Florida

12  Statutes, is amended to read:

13         63.022  Legislative intent.--

14         (1)  It is the intent of the Legislature to protect and

15  promote the well-being of persons being adopted and their

16  birth and adoptive parents and to provide to all children who

17  can benefit by it a permanent family life, and, whenever

18  appropriate possible, to maintain sibling groups.

19         Section 2.  Section 63.039, Florida Statutes, is

20  amended to read:

21         63.039  Duty of adoption entity to prospective adoptive

22  parents; sanctions.--

23         (1)  An adoption entity placing a minor for adoption

24  has an affirmative duty to follow the requirements of this

25  chapter and specifically the following provisions, which

26  protect and promote the well-being of persons being adopted

27  and their parents and prospective adoptive parents by

28  promoting certainty, finality, and permanency for such

29  persons. The adoption entity must:

30

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         (a)  Provide written initial disclosure to the

  2  prospective adoptive parent at the time and in the manner

  3  required under s. 63.085.

  4         (b)  Provide written initial and postbirth disclosure

  5  to the parent at the time and in the manner required under s.

  6  63.085.

  7         (c)  When a written consent for adoption is obtained,

  8  obtain the consent at the time and in the manner required

  9  under s. 63.082.

10         (d)  When a written consent or affidavit of

11  nonpaternity for adoption is obtained, obtain a consent to

12  adoption or affidavit of nonpaternity that contains the

13  language required under s. 63.062 or s. 63.082.

14         (e)  Include in the petition to terminate parental

15  rights pending adoption all information required under s.

16  63.087(6)(e) and (f).

17         (f)  Obtain and file the affidavit of inquiry pursuant

18  to s. 63.088(3), if the required inquiry is not conducted

19  orally in the presence of the court.

20         (g)  When the identity of a person whose consent to

21  adoption is necessary under this chapter is known but the

22  location of such a person is unknown, conduct the diligent

23  search and file the affidavit required under s. 63.088(4).

24         (h)  Serve the petition and notice of hearing to

25  terminate parental rights pending adoption at the time and in

26  the manner required by s. 63.088.

27         (i)  Obtain the written waiver of venue required under

28  s. 63.062 in cases involving a child younger than 6 months of

29  age in which venue for the termination of parental rights will

30  be located in a county other than the county where a the

31  parent whose rights are to be terminated resides.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         (2)  If a court finds that a consent to adoption or an

  2  affidavit of nonpaternity taken under this chapter was

  3  obtained by fraud or under duress attributable to the adoption

  4  entity, the court must award all sums paid by the prospective

  5  adoptive parents or on their behalf in anticipation of or in

  6  connection with the adoption. The court may also award

  7  reasonable attorney's fees and costs incurred by the

  8  prospective adoptive parents in connection with the adoption

  9  and any litigation related to placement or adoption of a

10  minor. The court must award reasonable attorney's fees and

11  costs, if any, incurred by the person whose consent or

12  affidavit was obtained by fraud or under duress. Any award

13  under this subsection to the prospective adoptive parents or

14  to the person whose consent or affidavit was obtained by fraud

15  or under duress must be paid directly to them by the adoption

16  entity or by any applicable insurance carrier on behalf of the

17  adoption entity.

18         (3)  If a person whose consent to an adoption is

19  required under s. 63.062 prevails in an action to set aside a

20  judgment terminating parental rights pending adoption, or a

21  judgment of adoption, the court must award reasonable

22  attorney's fees and costs to the prevailing party. An award

23  under this subsection must be paid by the adoption entity or

24  by any applicable insurance carrier on behalf of the adoption

25  entity if the court finds that the acts or omissions of the

26  entity were the basis for the court's order granting relief to

27  the prevailing party.

28         (3)(4)  Within 30 days after the date that the order

29  was issued, the clerk of the court must forward to:

30

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         (a)  The Florida Bar any order that imposes sanctions

  2  under this section against an attorney acting as an adoption

  3  entity.

  4         (b)  The Department of Children and Family Services any

  5  order that imposes sanctions under this section against a

  6  licensed child-placing agency or a child-placing agency

  7  licensed in another state that is qualified by the department.

  8         (c)  The entity under s. 409.176 that certifies

  9  child-caring agencies any order that imposes sanctions under

10  this section against a child-caring agency registered under s.

11  409.176.

12         Section 3.  Subsection (2) of section 63.042, Florida

13  Statutes, is amended to read:

14         63.042  Who may be adopted; who may adopt.--

15         (2)  The following persons may adopt:

16         (a)  A husband and wife jointly;

17         (b)  An unmarried adult, including the birth parent of

18  the person to be adopted;

19         (c)  The unmarried minor birth parent of the person to

20  be adopted; or

21         (d)  A married person without the other spouse joining

22  as a petitioner, if the person to be adopted is not his or her

23  spouse, and if:

24         1.  The other spouse is a parent of the person to be

25  adopted and consents to the adoption; or

26         2.  The failure of the other spouse to join in the

27  petition or to consent to the adoption is excused by the court

28  for reason of prolonged unexplained absence, unavailability,

29  incapacity, or circumstances constituting an unreasonable

30  withholding of consent; or.

31

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         3.  The court finds it is in the best interests of the

  2  child.

  3         Section 4.  Paragraph (a) of subsection (9) of section

  4  63.0423, Florida Statutes, is amended to read:

  5         63.0423  Procedures with respect to abandoned

  6  newborns.--

  7         (9)(a)  A judgment terminating parental rights pending

  8  adoption is voidable, and any later judgment of adoption of

  9  that minor is voidable, if, upon the motion of a parent, the

10  court finds that a person knowingly gave false information

11  that prevented the parent from timely making known his or her

12  desire to assume parental responsibilities toward the minor or

13  from exercising his or her parental rights. A motion under

14  this subsection must be filed with the court originally

15  entering the judgment. The motion must be filed within a

16  reasonable time, but not later than 1 year 2 years after the

17  entry of the judgment terminating parental rights.

18         Section 5.  Subsection (1) of section 63.0425, Florida

19  Statutes, is amended to read:

20         63.0425  Grandparent's right to adopt.--

21         (1)  When a child who has lived with a grandparent for

22  at least 6 continuous months is placed for adoption, the

23  adoption entity handling the adoption shall notify that

24  grandparent of the impending adoption before the petition for

25  adoption is filed. If the grandparent petitions the court to

26  adopt the child, the court shall give first priority for

27  adoption to that grandparent.

28         Section 6.  Subsections (1), (2), (4), and (9) of

29  section 63.062, Florida Statutes, are amended to read:

30         63.062  Persons required to consent to adoption;

31  affidavit of nonpaternity; waiver of venue.--

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         (1)  Unless supported by one or more of the grounds

  2  enumerated under s. 63.089(3), a petition to terminate

  3  parental rights pending adoption may be granted only if

  4  written consent has been executed as provided in s. 63.082

  5  after the birth of the minor or notice has been served under

  6  s. 63.088 to:

  7         (a)  The mother of the minor.

  8         (b)  The father of the minor, if:

  9         1.  The minor was conceived or born while the father

10  was married to the mother;

11         2.  The minor is his child by adoption; or

12         3.  The minor has been established by court proceeding

13  to be his child.

14         (c)  If there is no father as set forth in paragraph

15  (b), any man established to be the father of the child by

16  scientific tests that are generally acceptable within the

17  scientific community to show a probability of paternity.

18         (d)  If there is no father as set forth in paragraph

19  (b) or paragraph (c), any man who the mother has reason to

20  believe may be the father of the minor, or who is in fact the

21  father of the minor, and who:

22         1.  Has acknowledged in writing, signed in the presence

23  of a competent witness, that he is the father of the minor and

24  has filed such acknowledgment with the Office of Vital

25  Statistics of the Department of Health; or

26         2.  Has provided, or has attempted to provide, the

27  child or the mother during her pregnancy with support in a

28  repetitive, customary manner.; or

29         3.  Has been identified by the birth mother as a person

30  she has reason to believe may be the father of the minor in an

31

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1  action to terminate parental rights pending adoption pursuant

  2  to this chapter.

  3         (e)  Any father person who is a party in any pending

  4  proceeding in which paternity, custody, or termination of

  5  parental rights regarding the minor is at issue.

  6         (f)  Any father who has provided, or has attempted to

  7  provide, the child or the mother during her pregnancy with

  8  support in a repetitive, customary manner, if consent has been

  9  obtained under paragraph (a) and subparagraph (b)1.

10         (f)(g)  The minor, if more than 12 years of age, unless

11  the court in the best interest of the minor dispenses with the

12  minor's consent.

13         (2)  Any person whose consent is required under

14  paragraph (1)(c) or paragraph (1)(d) may execute an affidavit

15  of nonpaternity in lieu of a consent under this section and by

16  doing so waives notice to all court proceedings after the date

17  of execution. An affidavit of nonpaternity must be executed as

18  provided in s. 63.082. The person executing the affidavit must

19  receive disclosure under s. 63.085 prior to signing the

20  affidavit.

21         (4)  An affidavit of nonpaternity must be in

22  substantially the following form:

23

24                    AFFIDAVIT OF NONPATERNITY

25

26              1.  I have personal knowledge of the facts

27         stated in this affidavit.

28              2.  I have been told that .... has a

29         child. I shall not establish or claim paternity

30         for this child, whose name is .... and whose

31         date of birth is .....

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1              3.  The child referenced in this affidavit

  2         was not conceived or born while the birth

  3         mother was married to me. I AM NOT MARRIED TO

  4         THE BIRTH MOTHER, nor do I intend to marry the

  5         birth mother or establish rights as a legal

  6         father.

  7              4.  With respect to the child referenced

  8         in this affidavit, I have not provided the

  9         birth mother with child support or prebirth

10         support; I have not provided her with prenatal

11         care or assisted her with medical expenses; I

12         have not provided the birth mother or her child

13         or unborn child with support of any kind, nor

14         do I intend to do so.

15              4.5.  I have no interest in assuming the

16         responsibilities of parenthood for this child.

17         I will not acknowledge in writing that I am the

18         father of this child or institute court

19         proceedings to establish the child as mine.

20              5.6.  I do not object to any decision or

21         arrangements .... makes regarding this child,

22         including adoption.

23              6.7.  I have been told of my right to

24         choose a person who does not have an

25         employment, professional, or personal

26         relationship with the adoption entity or the

27         prospective adoptive parents to be present when

28         this affidavit is executed and to sign it as a

29         witness.

30

31

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO

  2         TERMINATE PARENTAL RIGHTS OR FINALIZE AN

  3         ADOPTION UNDER CHAPTER 63, FLORIDA STATUTES.

  4

  5         (9)(a)  In cases involving a child younger than 6

  6  months of age in which venue for the termination of parental

  7  rights may be located in a county other than where a the

  8  parent whose rights are to be terminated resides, the adoption

  9  entity must obtain, from any party executing an affidavit of

10  nonpaternity or consent, a waiver of venue, which must be

11  filed with the petition and must be in substantially the

12  following form:

13

14                         WAIVER OF VENUE

15

16         I understand that I may have the right to

17         require that the Petition to terminate my

18         parental rights be filed in the county where I

19         reside. I waive such right so that the Petition

20         to Terminate Parental Rights may be filed by

21         (adoption entity) in (county name) County,

22         Florida.

23

24         I understand that, after signing this waiver, I

25         may object to the county where the proceedings

26         to terminate my parental rights will be held by

27         appearing at the hearing or by filing a written

28         objection, on the attached form, with the Clerk

29         of the Court who is located at (address of

30         court). If I later object to this transfer of

31         venue, the case may will be transferred to a

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         county in Florida in which I reside if I intend

  2         to assert legally recognized grounds to contest

  3         a termination of parental rights. If I have no

  4         such residence, the case may will be

  5         transferred to a county where another parent

  6         resides or where at least one parent resided at

  7         the time of signing a consent or affidavit of

  8         nonpaternity.

  9

10         (b)1.  The waiver of venue must be a separate document

11  containing no consents, disclosures, or other information

12  unrelated to venue.

13         2.  Adoption entities must attach to the waiver of

14  venue a form that the parent whose rights are to be terminated

15  may use to request a transfer of venue for the proceeding.

16  This form must contain the intended caption of the action for

17  termination of parental rights and information identifying the

18  child which will be sufficient for the clerk to properly file

19  the form upon receipt.

20         3.  This form must include a notice that if an adoption

21  entity knows that a parent whose rights will be terminated

22  intends to object to the termination on a legally recognized

23  ground but intentionally files the petition for termination of

24  parental rights in a county that which is not consistent with

25  the required venue under such circumstances, the adoption

26  entity shall be responsible for the attorney's fees of the

27  parent requesting contesting the transfer of venue.

28         Section 7.  Paragraph (a) of subsection (3), paragraphs

29  (b), (c), and (e) of subsection (4), and subsections (6) and

30  (7) of section 63.082, Florida Statutes, are amended to read:

31

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         63.082  Execution of consent to adoption or affidavit

  2  of nonpaternity; family social and medical history; withdrawal

  3  of consent.--

  4         (3)(a)  The department must provide a consent form and

  5  a family social and medical history form to an adoption entity

  6  that intends to place a child for adoption. Forms containing,

  7  at a minimum, the same information as the forms promulgated by

  8  the department must be attached to the petition to terminate

  9  parental rights pending adoption and must contain such

10  biological and sociological information or such information as

11  to the family medical history, regarding the minor and the

12  parents, as is required by the department. The information

13  must be incorporated into the final home investigation report

14  specified in s. 63.125. Each parent must be interviewed by A

15  representative of the department, a licensed child-placing

16  agency, or a licensed professional, pursuant to s. 63.092,

17  must make good-faith and diligent efforts to interview each

18  parent before the consent is executed, unless the parent

19  cannot be located or identified. A summary of each interview,

20  or a statement that the parent is unlocated or unidentified,

21  must be filed with the petition to terminate parental rights

22  pending adoption and included in the final home investigation

23  report filed under s. 63.125. The interview may be excused by

24  the court for good cause.

25         (4)

26         (b)  A consent to the adoption of a minor who is to be

27  placed for adoption with identified prospective adoptive

28  parents under s. 63.052, upon the minor's release from a

29  licensed hospital or birth center following birth, shall not

30  be executed sooner than 48 hours after the minor's birth or

31  the day the birth mother has been notified in writing, either

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1  on her patient chart or in release paperwork, that she is fit

  2  to be released from a licensed hospital or birth center,

  3  whichever is earlier. A consent executed under this paragraph

  4  is valid upon execution and may be withdrawn only if the court

  5  finds that it was obtained by fraud or under duress. The

  6  waiting period provided in this paragraph does not apply in

  7  any case in which the revocation period in paragraph (c)

  8  applies.

  9         (c)  When the minor to be adopted is not placed

10  pursuant to s. 63.052 upon the minor's release from a licensed

11  hospital or birth center following birth, the consent to

12  adoption may be executed at any time after the birth of the

13  minor. While such consent is valid upon execution, it is

14  subject to the 3-day revocation period under subsection (7) or

15  may be revoked at any time prior to the placement of the minor

16  with the prospective adoptive parents, whichever is later. If

17  a consent has been executed, this subsection may not be

18  construed to provide a birth parent with more than 3 days to

19  revoke that consent once the child has been placed with the

20  prospective adoptive parents. The revocation period provided

21  in this paragraph does not apply in any case in which the

22  waiting period in paragraph (b) applies.

23         (e)  A consent to adoption must contain, in at least

24  16-point boldfaced type, an acknowledgment of the parent's

25  rights in substantially the following form:

26

27                       CONSENT TO ADOPTION

28

29         YOU HAVE THE RIGHT TO SELECT AT LEAST ONE

30         PERSON WHO DOES NOT HAVE AN EMPLOYMENT,

31         PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH THE

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE

  2         PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS

  3         EXECUTED AND TO SIGN IT AS A WITNESS. YOU MUST

  4         ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED

  5         OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS

  6         OR WITNESSES YOU SELECTED, IF ANY.

  7

  8         YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU

  9         MAY DO ANY OF THE FOLLOWING INSTEAD OF SIGNING

10         THIS CONSENT OR BEFORE SIGNING THIS CONSENT:

11

12              1.  CONSULT WITH AN ATTORNEY;

13              2.  HOLD, CARE FOR, AND FEED THE CHILD;

14              3.  PLACE THE CHILD IN FOSTER CARE OR WITH

15         ANY FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS

16         WILLING TO CARE FOR THE CHILD;

17              4.  TAKE THE CHILD HOME UNLESS OTHERWISE

18         LEGALLY PROHIBITED; AND

19              5.  FIND OUT ABOUT THE COMMUNITY RESOURCES

20         THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO

21         THROUGH WITH THE ADOPTION.

22

23         IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP

24         ALL RIGHTS TO YOUR CHILD. YOUR CONSENT IS VALID

25         AND BINDING UNLESS WITHDRAWN AS PERMITTED BY

26         LAW. IF YOU ARE GIVING UP YOUR RIGHTS TO A

27         CHILD WHO IS TO BE PLACED FOR ADOPTION WITH

28         IDENTIFIED PROSPECTIVE ADOPTIVE PARENTS UPON

29         THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR

30         BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD

31         WILL BE IMPOSED BEFORE YOU MAY SIGN THE CONSENT

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         FOR ADOPTION. YOU MUST WAIT 48 HOURS FROM THE

  2         TIME OF BIRTH, OR UNTIL THE BIRTH MOTHER HAS

  3         BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT

  4         CHART OR IN RELEASE PAPERS, THAT SHE IS FIT TO

  5         BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH

  6         CENTER, WHICHEVER IS SOONER, BEFORE YOU MAY

  7         SIGN THE CONSENT FOR ADOPTION. ONCE YOU HAVE

  8         SIGNED THE CONSENT, IT IS VALID AND BINDING AND

  9         CANNOT BE WITHDRAWN UNLESS A COURT FINDS THAT

10         IT WAS OBTAINED BY FRAUD OR UNDER DURESS.

11

12         IF YOU ARE GIVING UP YOUR RIGHTS TO A CHILD WHO

13         IS NOT PLACED FOR ADOPTION UPON THE CHILD'S

14         RELEASE FROM A LICENSED HOSPITAL OR BIRTH

15         CENTER FOLLOWING BIRTH, YOU MAY SIGN THE

16         CONSENT AT ANY TIME AFTER THE BIRTH OF THE

17         CHILD. WHILE THE CONSENT IS VALID AND BINDING

18         WHEN SIGNED, YOU HAVE TIME TO CHANGE YOUR MIND.

19         THIS TIME IS CALLED THE REVOCATION PERIOD. WHEN

20         THE REVOCATION PERIOD APPLIES, YOU MAY WITHDRAW

21         YOUR CONSENT FOR ANY REASON AT ANY TIME PRIOR

22         TO THE PLACEMENT OF THE CHILD WITH THE

23         PROSPECTIVE ADOPTIVE PARENTS, OR IF YOU DO IT

24         WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU

25         SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE

26         DATE OF THE BIRTH MOTHER'S DISCHARGE FROM A

27         LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS

28         LATER.

29

30         TO WITHDRAW YOUR CONSENT DURING THE REVOCATION

31         PERIOD, YOU MUST:

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1              1.  NOTIFY THE ADOPTION ENTITY, BY WRITING

  2         A LETTER, THAT YOU ARE WITHDRAWING YOUR

  3         CONSENT.

  4              2.  MAIL THE LETTER AT A UNITED STATES

  5         POST OFFICE WITHIN 3 BUSINESS DAYS AFTER THE

  6         DATE YOU SIGNED THE CONSENT OR 1 BUSINESS DAY

  7         AFTER THE DATE OF THE BIRTH MOTHER'S DISCHARGE

  8         FROM A LICENSED HOSPITAL OR BIRTH CENTER,

  9         WHICHEVER IS LATER. THE TERM "BUSINESS DAY"

10         MEANS ANY DAY ON WHICH THE UNITED STATES POSTAL

11         SERVICE ACCEPTS CERTIFIED MAIL FOR DELIVERY.

12              3.  SEND THE LETTER BY CERTIFIED UNITED

13         STATES MAIL WITH RETURN RECEIPT REQUESTED.

14              4.  PAY POSTAL COSTS AT THE TIME YOU MAIL

15         THE LETTER.

16              5.  KEEP THE CERTIFIED MAIL RECEIPT AS

17         PROOF THAT CONSENT WAS WITHDRAWN IN A TIMELY

18         MANNER.

19

20         TO WITHDRAW YOUR CONSENT PRIOR TO THE PLACEMENT

21         OF THE CHILD WITH THE PROSPECTIVE ADOPTIVE

22         PARENTS, YOU MUST NOTIFY THE ADOPTION ENTITY,

23         IN WRITING BY CERTIFIED UNITED STATES MAIL,

24         RETURN RECEIPT REQUESTED. THE ADOPTION ENTITY

25         YOU SHOULD NOTIFY IS: ...(name of adoption

26         entity)..., ...(address of adoption entity)...,

27         ...(phone number of adoption entity)....

28

29         ONCE THE REVOCATION PERIOD IS OVER, OR THE

30         CHILD HAS BEEN PLACED WITH THE PROSPECTIVE

31         ADOPTIVE PARENTS, WHICHEVER OCCURS LATER, YOU

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         MAY NOT WITHDRAW YOUR CONSENT UNLESS YOU CAN

  2         PROVE IN COURT THAT CONSENT WAS OBTAINED BY

  3         FRAUD OR UNDER DURESS.

  4

  5         (6)  A copy or duplicate original of each consent

  6  signed in an action for termination of parental rights pending

  7  adoption must be provided to the person who executed the

  8  consent to adoption. The copy must be hand delivered, with a

  9  written acknowledgment of receipt signed by the person whose

10  consent is required, or mailed by first class United States

11  mail to the address of record in the court file. If a copy of

12  a consent cannot be provided as required in this subsection,

13  the adoption entity must execute an affidavit stating why the

14  copy of the consent is undeliverable. The original consent and

15  acknowledgment of receipt, an acknowledgment of mailing by the

16  adoption entity, or an affidavit stating why the copy of the

17  consent is undeliverable must be filed with the petition for

18  termination of parental rights pending adoption.

19         (7)(a)  A consent that is being withdrawn under

20  paragraph (4)(c) may be withdrawn at any time prior to the

21  minor's placement with the prospective adoptive parents or by

22  notifying the adoption entity in writing by certified United

23  States mail, return receipt requested, not later than 3

24  business days after execution of the consent or 1 business day

25  after the date of the birth mother's discharge from a licensed

26  hospital or birth center, whichever occurs later. As used in

27  this subsection, the term "business day" means any day on

28  which the United States Postal Service accepts certified mail

29  for delivery.

30         (b)  Upon receiving timely and proper written notice

31  from a person of that person's desire to withdraw consent to

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1  adoption, the adoption entity must contact the prospective

  2  adoptive parent to arrange a time certain for the adoption

  3  entity to regain physical custody of the minor, unless, upon a

  4  motion for emergency hearing by the adoption entity, the court

  5  determines in written findings that:

  6         1.  Placement of the minor with the person withdrawing

  7  consent may endanger the minor;.

  8         2.  The person who desires to withdraw consent to the

  9  adoption was not required to consent to the adoption; or

10         3.  The person who desires to withdraw consent to the

11  adoption has been found to have abandoned the child.

12         (c)  If the court finds that such placement may

13  endanger the minor, the court must enter an order regarding

14  continued placement of the minor. The order shall include, but

15  not be limited to, whether temporary placement in foster care

16  is appropriate, whether an investigation by the department is

17  recommended, and whether a relative within the third degree is

18  available for the temporary placement.

19         (d)  If the person withdrawing consent claims to be the

20  father of the minor but has not been established to be the

21  father by marriage, court order, or scientific testing, the

22  court may order scientific paternity testing and reserve

23  ruling on removal of the minor until the results of such

24  testing have been filed with the court.

25         (e)  The adoption entity must return the minor within 3

26  days after timely and proper notification of the withdrawal of

27  consent or after the court determines that withdrawal is valid

28  and binding upon consideration of an emergency motion, as

29  filed pursuant to paragraph (b), to the physical custody of

30  the person withdrawing consent or the person directed by the

31  court.

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         (f)  Following the revocation period for withdrawal of

  2  consent described in paragraph (a), or the placement of the

  3  child with the prospective adoptive parents, whichever occurs

  4  later, consent may be withdrawn only when the court finds that

  5  the consent was obtained by fraud or under duress.

  6         (g)  An affidavit of nonpaternity may be withdrawn only

  7  if the court finds that the affidavit was obtained by fraud or

  8  under duress.

  9         Section 8.  Subsections (1) and (2) of section 63.085,

10  Florida Statutes, are amended to read:

11         63.085  Disclosure by adoption entity.--

12         (1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE

13  ADOPTIVE PARENTS.--Not later than 14 business 7 days after a

14  person seeking to adopt a minor or a person seeking to place a

15  minor for adoption contacts an adoption entity in person or

16  provides the adoption entity with a mailing address, the

17  entity must provide a written disclosure statement to that

18  person if the entity agrees or continues to work with such

19  person. If an adoption entity is assisting in the effort to

20  terminate the parental rights of a parent who did not initiate

21  the contact with the adoption entity, the written disclosure

22  must be provided within 14 business 7 days after that parent

23  is identified and located. For purposes of providing the

24  written disclosure, a person is considered to be seeking to

25  place a minor for adoption when that person has sought

26  information or advice from the adoption entity regarding the

27  option of adoptive placement. The written disclosure statement

28  must be in substantially the following form:

29

30                       ADOPTION DISCLOSURE

31

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE

  2         PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A

  3         MINOR OR SEEKING TO PLACE A MINOR FOR ADOPTION,

  4         TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING

  5         ADOPTION UNDER FLORIDA LAW:

  6

  7              1.  Under section 63.102, Florida

  8         Statutes, the existence of a placement or

  9         adoption contract signed by the parent or

10         prospective adoptive parent, prior approval of

11         that contract by the court, or payment of any

12         expenses permitted under Florida law does not

13         obligate anyone to sign a consent or ultimately

14         place a minor for adoption.

15              2.  Under sections 63.092 and 63.125,

16         Florida Statutes, a favorable preliminary home

17         study, before the minor may be placed in that

18         home, and a final home investigation, before

19         the adoption becomes final, must be completed,

20         except under certain circumstances.

21              3.  Under section 63.082, Florida

22         Statutes, a consent to adoption or affidavit of

23         nonpaternity may not be signed until after the

24         birth of the minor.

25              4.  Under section 63.082, Florida

26         Statutes, if the minor is to be placed for

27         adoption with identified prospective adoptive

28         parents upon release from a licensed hospital

29         or birth center following birth, the consent to

30         adoption may not be signed until 48 hours after

31         birth or until the day the birth mother has

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         been notified in writing, either on her patient

  2         chart or in release papers, that she is fit to

  3         be released from the licensed hospital or birth

  4         center, whichever is sooner. The consent to

  5         adoption or affidavit of nonpaternity is valid

  6         and binding upon execution unless the court

  7         finds it was obtained by fraud or under duress.

  8              5.  Under section 63.082, Florida

  9         Statutes, if the minor is not placed for

10         adoption with the prospective adoptive parent

11         upon release from the hospital or birth center

12         following birth, a 3-day revocation period

13         applies during which consent may be withdrawn

14         for any reason by notifying the adoption entity

15         in writing. In order to withdraw consent, the

16         written withdrawal of consent must be mailed at

17         a United States Post Office no later than 3

18         business days after execution of the consent or

19         1 business day after the date of the birth

20         mother's discharge from a licensed hospital or

21         birth center, whichever occurs later. For

22         purposes of mailing the withdrawal of consent,

23         the term "business day" means any day on which

24         the United States Postal Service accepts

25         certified mail for delivery. The letter must be

26         sent by certified United States mail, return

27         receipt requested. Postal costs must be paid at

28         the time of mailing and the receipt should be

29         retained as proof that consent was withdrawn in

30         a timely manner.

31

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1              6.  Under section 63.082, Florida

  2         Statutes, and notwithstanding the revocation

  3         period, the consent may be withdrawn at any

  4         time prior to the placement of the child with

  5         the prospective adoptive parent, by notifying

  6         the adoption entity in writing by certified

  7         United States mail, return receipt requested.

  8              6.7.  Under section 63.082, Florida

  9         Statutes, if an adoption entity timely receives

10         written notice from a person of that person's

11         desire to withdraw consent, the adoption entity

12         must contact the prospective adoptive parent to

13         arrange a time certain to regain physical

14         custody of the child. Absent a court order for

15         continued placement of the child entered under

16         section 63.082, Florida Statutes, the adoption

17         entity must return the minor within 3 business

18         days after notification of the withdrawal of

19         consent to the physical custody of the person

20         withdrawing consent or the person directed by

21         the court. After the revocation period for

22         withdrawal of consent ends, or after the

23         placement of the child with the prospective

24         adoptive parent, whichever occurs later, the

25         consent may be withdrawn only if the court

26         finds that the consent was obtained by fraud or

27         under duress.

28              7.8.  Under section 63.082, Florida

29         Statutes, an affidavit of nonpaternity, once

30         executed, may be withdrawn only if the court

31

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         finds that it was obtained by fraud or under

  2         duress.

  3              8.9.  Under section 63.082, Florida

  4         Statutes, a person who signs a consent to

  5         adoption or an affidavit of nonpaternity must

  6         be given reasonable notice of his or her right

  7         to select a person who does not have an

  8         employment, professional, or personal

  9         relationship with the adoption entity or the

10         prospective adoptive parents to be present when

11         the consent or affidavit is executed and to

12         sign the consent or affidavit as a witness.

13              9.10.  Under section 63.088, Florida

14         Statutes, specific and extensive efforts are

15         required by law to attempt to obtain the

16         consents required under section 63.062, Florida

17         Statutes. If these efforts are unsuccessful,

18         the court may not enter a judgment terminating

19         parental rights pending adoption until certain

20         requirements have been met.

21              10.11.  Under Florida law, an intermediary

22         may represent the legal interests of only the

23         prospective adoptive parents. Each person whose

24         consent to an adoption is required under

25         section 63.062, Florida Statutes, is entitled

26         to seek independent legal advice and

27         representation before signing any document or

28         surrendering parental rights.

29              11.12.  Under section 63.182, Florida

30         Statutes, an action or proceeding of any kind

31         to vacate, set aside, or otherwise nullify a

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         judgment of adoption or an underlying judgment

  2         terminating parental rights pending adoption,

  3         on any ground, including duress but excluding

  4         fraud, must be filed within 1 year after entry

  5         of the judgment terminating parental rights

  6         pending adoption. Such an action or proceeding

  7         for fraud must be filed within 2 years after

  8         entry of the judgment terminating parental

  9         rights.

10              12.13.  Under section 63.089, Florida

11         Statutes, a judgment terminating parental

12         rights pending adoption is voidable and any

13         later judgment of adoption of that minor is

14         voidable if, upon the motion of a parent, the

15         court finds that any person knowingly gave

16         false information that prevented the parent

17         from timely making known his or her desire to

18         assume parental responsibilities toward the

19         minor or to exercise his or her parental

20         rights. The motion must be filed with the court

21         that originally entered the judgment. The

22         motion must be filed within a reasonable time,

23         but not later than 1 year 2 years after the

24         date the judgment to which the motion is

25         directed was entered.

26              13.14.  Under section 63.165, Florida

27         Statutes, the State of Florida maintains a

28         registry of adoption information. Information

29         about the registry is available from the

30         Department of Children and Family Services.

31

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1              14.15.  Under section 63.032, Florida

  2         Statutes, a court may find that a parent has

  3         abandoned his or her child based on conduct

  4         during the pregnancy or based on conduct after

  5         the child is born. In addition, under section

  6         63.089, Florida Statutes, the failure of a

  7         parent to respond to notices of proceedings

  8         involving his or her child shall result in

  9         termination of parental rights of a parent. A

10         lawyer can explain what a parent must do to

11         protect his or her parental rights. Any parent

12         wishing to protect his or her parental rights

13         should act IMMEDIATELY.

14              15.16.  Each parent and prospective

15         adoptive parent is entitled to independent

16         legal advice and representation. Attorney

17         information may be obtained from the yellow

18         pages, The Florida Bar's lawyer referral

19         service, and local legal aid offices and bar

20         associations.

21              16.17.  Counseling services may be helpful

22         while making a parenting decision. Consult the

23         yellow pages of the telephone directory.

24              17.18.  Medical and social services

25         support is available if the parent wishes to

26         retain parental rights and responsibilities.

27         Consult the Department of Children and Family

28         Services.

29              18.19.  Under section 63.039, Florida

30         Statutes, an adoption entity has certain legal

31         responsibilities and may be liable for damages

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         to persons whose consent to an adoption is

  2         required or to prospective adoptive parents for

  3         failing to materially meet those

  4         responsibilities. Damages may also be recovered

  5         from an adoption entity if a consent to

  6         adoption or affidavit of nonpaternity is

  7         obtained by fraud or under duress attributable

  8         to an adoption entity.

  9              19.20.  Under section 63.097, Florida

10         Statutes, reasonable living expenses of the

11         birth mother may be paid by the prospective

12         adoptive parents and the adoption entity only

13         if the birth mother is unable to pay due to

14         unemployment, underemployment, or disability.

15         The law also allows payment of reasonable and

16         necessary medical expenses, expenses necessary

17         to comply with the requirements of chapter 63,

18         Florida Statutes, court filing expenses, and

19         costs associated with advertising. Certain

20         documented legal, counseling, and other

21         professional fees may be paid. Prior Approval

22         of the court is not required until the

23         cumulative total of amounts permitted exceeds

24         $2,500 in legal or other fees, $500 in court

25         costs, or $3,000 in expenses, or $1,500 in

26         cumulative expenses incurred prior to the date

27         the prospective adoptive parent retains the

28         adoption entity. The following fees, costs, and

29         expenses are prohibited:

30              a.  Any fee or expense that constitutes

31         payment for locating a minor for adoption.

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1              b.  Any lump-sum payment to the entity

  2         which is nonrefundable directly to the payor or

  3         which is not itemized on the affidavit.

  4              c.  Any fee on the affidavit which does

  5         not specify the service that was provided and

  6         for which the fee is being charged, such as a

  7         fee for facilitation or acquisition.

  8

  9         The court may reduce amounts charged or refund

10         amounts that have been paid if it finds that

11         these amounts were more than what was

12         reasonable or allowed under the law.

13              20.21.  Under section 63.132, Florida

14         Statutes, the adoption entity and the

15         prospective adoptive parents must sign and file

16         with the court a written statement under oath

17         listing all the fees, expenses, and costs made,

18         or agreed to be made, by or on behalf of the

19         prospective adoptive parents and any adoption

20         entity in connection with the adoption. The

21         affidavit must state whether any of the

22         expenses were eligible to be paid for by any

23         other source.

24              21.22.  Under section 63.132, Florida

25         Statutes, the court order approving the money

26         spent on the adoption must be separate from the

27         judgment making the adoption final. The court

28         may approve only certain costs and expenses

29         allowed under section 63.097, Florida Statutes.

30         The court may approve only fees that are

31         allowed under law and that it finds to be

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         "reasonable." A good idea of what is and is not

  2         allowed to be paid for in an adoption can be

  3         determined by reading sections 63.097 and

  4         63.132, Florida Statutes.

  5

  6         (2)  ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity

  7  must obtain a written statement acknowledging receipt of the

  8  disclosure required under subsection (1) and signed by the

  9  persons receiving the disclosure or, if it is not possible to

10  obtain such an acknowledgment, the adoption entity must

11  execute an affidavit stating why an acknowledgment could not

12  be obtained. If the disclosure was delivered by certified

13  United States mail, return receipt requested, a return receipt

14  signed by the person from whom acknowledgment is required is

15  sufficient to meet the requirements of this subsection. A copy

16  or duplicate original of the acknowledgment of receipt of the

17  disclosure must be provided to the person signing it. A copy

18  of the disclosure and acknowledgment or affidavit executed by

19  the adoption entity in lieu of the acknowledgment must be

20  maintained in the file of the adoption entity. The original

21  disclosure and acknowledgment or affidavit must be filed with

22  the court. In the case of a disclosure provided under

23  subsection (1) by adoptive parents, the original disclosure

24  and acknowledgment or affidavit must be included in the

25  preliminary home study required in s. 63.092.

26         Section 9.  Subsections (3), (4), and (6) of section

27  63.087, Florida Statutes, are amended to read:

28         63.087  Proceeding to terminate parental rights pending

29  adoption; general provisions.--

30         (3)  JURISDICTION.--A court of this state which is

31  competent to decide child welfare or custody matters has

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1  jurisdiction to hear all matters arising from a proceeding to

  2  terminate parental rights pending adoption. All subsequent

  3  proceedings for the adoption of the minor, if the petition for

  4  termination is granted, should must be conducted by the same

  5  judge who conducted the termination proceedings, if that judge

  6  is still available within the division of the court which

  7  conducts termination or adoption cases or, if that judge is

  8  unavailable, by another judge within the division.

  9         (4)  VENUE.--

10         (a)  A petition to terminate parental rights pending

11  adoption must be filed:

12         1.  In the county where the child resided for the

13  previous 6 months;

14         2.  If the child is younger than 6 months of age or has

15  not continuously resided in one county for the previous 6

16  months, in the county where the parent resided at the time of

17  the execution of the consent to adoption or the affidavit of

18  nonpaternity;

19         3.  If the child is younger than 6 months of age and a

20  waiver of venue has been obtained pursuant to s. 63.062, in

21  the county where the adoption entity is located or, if the

22  adoption entity has more than one place of business, in the

23  county which is located in closest proximity to the county in

24  which the parent whose rights are to be terminated resided at

25  the time of execution of the consent or affidavit of

26  nonpaternity;

27         4.  If there is no consent or affidavit of nonpaternity

28  executed by any a parent, in the county where the birth mother

29  resides; or

30         5.  If neither parent resides in the state, in the

31  county where the adoption entity is located.

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         (b)  If a petition for termination of parental rights

  2  has been filed and a parent whose rights are to be terminated

  3  objects to venue, there must be a hearing in which the court

  4  shall determine whether that parent intends to assert valid

  5  and legally recognized grounds to contest a termination of

  6  parental rights and, if so, the court shall immediately

  7  transfer venue to the county where that parent resides, if

  8  there is such a county, or, if not, a county where:

  9         1.  At least one parent whose rights are to be

10  terminated resides;

11         2.  At least one parent resided at the time of

12  execution of a consent or affidavit of nonpaternity; or

13         3.  The adoption entity is located, if neither

14  subparagraph 1. nor subparagraph 2. applies.

15

16  For purposes of selecting venue, the court shall consider the

17  ease of access to the court for the parent who intends to

18  contest a termination of parental rights.

19         (c)  If there is a transfer of venue, the adoption

20  entity or the petitioner must bear the cost of venue transfer.

21

22  For purposes of the hearing under this subsection, witnesses

23  located in another jurisdiction may testify by deposition or

24  testify by telephone, audiovisual means, or other electronic

25  means before a designated court or at another location.

26  Documentary evidence transmitted from another location by

27  technological means that do not produce an original writing

28  may not be excluded from evidence on an objection based on the

29  means of transmission. The court on its own motion may

30  otherwise prescribe the manner in which and the terms upon

31  which the testimony is taken.

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         (6)  PETITION.--

  2         (a)  A proceeding seeking to terminate parental rights

  3  pending adoption pursuant to this chapter must be initiated by

  4  the filing of an original petition after the birth of the

  5  minor.

  6         (b)  The petition may be filed by a parent or person

  7  having legal or physical custody of the minor. The petition

  8  may be filed by an adoption entity only if a parent or person

  9  having legal custody who has executed a consent to adoption

10  pursuant to s. 63.082 consents in writing to the entity filing

11  the petition. The original of such consent must be filed with

12  the petition.

13         (c)  The petition must be entitled: "In the Matter of

14  the Termination of Parental Rights for the Proposed Adoption

15  of a Minor Child."

16         (d)  A petition to terminate parental rights must be

17  consolidated with a previously filed petition for a

18  declaratory statement filed under s. 63.102. Only one filing

19  fee may be assessed for both the petitions for termination of

20  parental rights, and declaratory statement, and adoption

21  petitions. However, the action for termination of parental

22  rights and the adoption shall remain separate cases.

23         (e)  The petition to terminate parental rights pending

24  adoption must be in writing and signed by the petitioner under

25  oath stating the petitioner's good faith in filing the

26  petition. A written consent to adoption, affidavit of

27  nonpaternity, or affidavit of diligent search under s. 63.088,

28  for each person whose consent to adoption is required under s.

29  63.062, must be executed and attached.

30         (f)  The petition must include:

31

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         1.  The minor's name, gender, date of birth, and place

  2  of birth. The petition must contain all names by which the

  3  minor is or has been known, excluding the minor's prospective

  4  adoptive name but including the minor's legal name at the time

  5  of the filing of the petition, to allow interested parties to

  6  the action, including parents, persons having legal custody of

  7  the minor, persons with custodial or visitation rights to the

  8  minor pursuant to court order, and persons entitled to notice

  9  pursuant to the Uniform Child Custody Jurisdiction Act or the

10  Indian Child Welfare Act, to identify their own interest in

11  the action.

12         2.  If the petition is filed before the day the minor

13  is 6 months old and if the identity or location of the father

14  is unknown, each city in which the mother resided or traveled,

15  in which conception may have occurred, during the 12 months

16  before the minor's birth, including the county and state in

17  which that city is located.

18         3.  Unless a consent to adoption or affidavit of

19  nonpaternity executed by each person whose consent is required

20  under s. 63.062 is attached to the petition, the name and the

21  city of residence, including the county and state in which

22  that city is located, of:

23         a.  The minor's mother;

24         b.  Any man who the mother reasonably believes may be

25  the minor's father; and

26         c.  Any person who has legal custody, as defined in s.

27  39.01, of the minor.

28

29  If a required name or address is not known, the petition must

30  so state.

31

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         4.  All information required by the Uniform Child

  2  Custody Jurisdiction Act and the Indian Child Welfare Act.

  3         5.  A statement of the grounds under s. 63.089 upon

  4  which the petition is based.

  5         6.  The name, address, and telephone number of any

  6  adoption entity seeking to place the minor for adoption.

  7         7.  The name, address, and telephone number of the

  8  division of the circuit court in which the petition is to be

  9  filed.

10         8.  A certification of compliance with the requirements

11  of s. 63.0425 regarding notice to grandparents of an impending

12  adoption.

13         Section 10.  Subsections (1) and (2) of section 63.088,

14  Florida Statutes, are amended to read:

15         63.088  Proceeding to terminate parental rights pending

16  adoption; notice and service; diligent search.--

17         (1)  INITIATE LOCATION AND IDENTIFICATION

18  PROCEDURES.--When the location or identity of a person whose

19  consent to an adoption is required but is not known, the

20  adoption entity must begin the inquiry and diligent search

21  process required by this section not later than 14 business 7

22  days after the date on which the person seeking to place a

23  minor for adoption has evidenced in writing to the entity a

24  desire to place the minor for adoption with that entity, or

25  not later than 14 business 7 days after the date any money is

26  provided as permitted under this chapter by the adoption

27  entity for the benefit of the person seeking to place a minor

28  for adoption.

29         (2)  LOCATION AND IDENTITY KNOWN.--Before the court may

30  determine that a minor is available for adoption, and in

31  addition to the other requirements set forth in this chapter,

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1  each person whose consent is required under s. 63.062, who has

  2  not executed an affidavit of nonpaternity or a consent for

  3  adoption, and whose location and identity have been determined

  4  by compliance with the procedures in this section must be

  5  personally served, pursuant to chapter 48, at least 30 days

  6  before the hearing with a copy of the petition to terminate

  7  parental rights pending adoption and with notice in

  8  substantially the following form:

  9

10                  NOTICE OF PETITION AND HEARING

11                   TO TERMINATE PARENTAL RIGHTS

12                         PENDING ADOPTION

13

14         A petition to terminate parental rights pending

15         adoption has been filed. A copy of the petition

16         is being served with this notice. There will be

17         a hearing on the petition to terminate parental

18         rights pending adoption on (date)  at (time)

19         before (judge) at (location, including complete

20         name and street address of the courthouse). The

21         court has set aside (amount of time) for this

22         hearing. If you executed a consent to adoption

23         or an affidavit of nonpaternity and a waiver of

24         venue, you may have the right to request that

25         the hearing on the petition to terminate

26         parental rights be transferred to the county in

27         which you reside. You may object by appearing

28         at the hearing or filing a written objection

29         with the court.

30

31

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE

  2         TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH

  3         THE COURT OR TO APPEAR AT THIS HEARING

  4         CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL

  5         END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING

  6         THE MINOR CHILD.

  7

  8         Section 11.  Subsection (1), paragraphs (a) and (c) of

  9  subsection (4), subsection (5), and paragraphs (a) and (d) of

10  subsection (7) of section 63.089, Florida Statutes, are

11  amended to read:

12         63.089  Proceeding to terminate parental rights pending

13  adoption; hearing; grounds; dismissal of petition; judgment.--

14         (1)  HEARING.--The court shall hold a hearing to may

15  terminate parental rights pending adoption only after a full

16  evidentiary hearing.

17         (4)  FINDING OF ABANDONMENT.--A finding of abandonment

18  resulting in a termination of parental rights must be based

19  upon clear and convincing evidence. A finding of abandonment

20  may not be based upon a lack of emotional support to a birth

21  mother during her pregnancy, but may be based upon emotional

22  abuse to a birth mother during her pregnancy.

23         (a)  In making a determination of abandonment at a

24  hearing for termination of parental rights pursuant to this

25  chapter, the court must consider, among other relevant factors

26  not inconsistent with this section:

27         1.  Whether the actions alleged to constitute

28  abandonment demonstrate a willful disregard for the safety or

29  welfare of the child or unborn child;

30

31

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         2.  Whether other persons prevented the person alleged

  2  to have abandoned the child from making the efforts referenced

  3  in this subsection;

  4         3.  Whether the person alleged to have abandoned the

  5  child, while being able, refused to provide financial support

  6  after such person was informed or had reason to believe he may

  7  be the father of the child;

  8         4.  Whether the person alleged to have abandoned the

  9  child, while being able, failed refused to pay for medical

10  treatment when such payment was requested by the person having

11  legal custody of the child and those expenses were not covered

12  by insurance or other available sources;

13         5.  Whether the amount of support provided or medical

14  expenses paid was appropriate, taking into consideration the

15  needs of the child and relative means and resources available

16  to the person alleged to have abandoned the child and

17  available to the person having legal custody of the child

18  during the period the child allegedly was abandoned; and

19         6.  Whether the person having legal custody of the

20  child made the child's whereabouts known to the person alleged

21  to have abandoned the child, advised that person of the needs

22  of the child or the needs of the mother of an unborn child

23  with regard to the pregnancy, or informed that person of

24  events such as medical appointments and tests relating to the

25  child or, if unborn, the pregnancy.

26         (c)  The only conduct of a father toward a mother

27  during pregnancy that the court may consider in determining

28  whether the child has been abandoned is conduct that occurred

29  after the father was informed he may be the father of the

30  child or after diligent search and notice as provided in s.

31

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1  63.088 have been made to inform the father that he is, or may

  2  be, the father of the child.

  3         (5)  DISMISSAL OF PETITION WITH PREJUDICE.--If the

  4  court does not find by clear and convincing evidence that

  5  parental rights of a parent should be terminated pending

  6  adoption, the court must dismiss the petition with prejudice

  7  and that parent's parental rights that were the subject of

  8  such petition remain in full force under the law. The order

  9  must include written findings in support of the dismissal,

10  including findings as to the criteria in subsection (4) if

11  rejecting a claim of abandonment. Parental rights may not be

12  terminated based upon a consent that the court finds has been

13  timely withdrawn under s. 63.082 or a consent to adoption or

14  affidavit of nonpaternity that the court finds was obtained by

15  fraud or under duress. The court must enter an order based

16  upon written findings providing for the placement of the

17  minor. The court may order scientific testing to determine the

18  paternity of the minor at any time during which the court has

19  jurisdiction over the minor. Further proceedings, if any,

20  regarding the minor must be brought in a separate custody

21  action under chapter 61, a dependency action under chapter 39,

22  or a paternity action under chapter 742.

23         (7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL

24  RIGHTS.--

25         (a)  A judgment terminating parental rights pending

26  adoption is voidable and any later judgment of adoption of

27  that minor is voidable if, upon the motion of a parent, the

28  court finds that a person knowingly gave false information

29  that prevented the parent from timely making known his or her

30  desire to assume parental responsibilities toward the minor or

31  meeting the requirements under this chapter to exercise his or

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1  her parental rights. A motion under this subsection must be

  2  filed with the court originally entering the judgment. The

  3  motion must be filed within a reasonable time, but not later

  4  than 1 year 2 years after the entry of the judgment

  5  terminating parental rights.

  6         (d)  No later than 45 days after the preliminary

  7  hearing, unless stipulated by the parties, the court must

  8  conduct a final hearing on the motion to set aside the

  9  judgment and enter its written order as expeditiously as

10  possible thereafter.

11         Section 12.  Subsection (3) of section 63.092, Florida

12  Statutes, is amended to read:

13         63.092  Report to the court of intended placement by an

14  adoption entity; at-risk placement; preliminary study.--

15         (3)  PRELIMINARY HOME STUDY.--Before placing the minor

16  in the intended adoptive home, a preliminary home study must

17  be performed by a licensed child-placing agency, a

18  child-caring agency registered under s. 409.176, a licensed

19  professional, or agency described in s. 61.20(2), unless the

20  petitioner is a stepparent, a spouse of the parent, or a

21  relative.  The preliminary study shall be completed within 30

22  days after the receipt by the court of the adoption entity's

23  report, but in no event may the minor be placed in the

24  prospective adoptive home prior to the completion of the

25  preliminary study unless ordered by the court. If the

26  petitioner is a stepparent, a spouse of the parent, or a

27  relative, the preliminary home study may be required by the

28  court for good cause shown.  The department is required to

29  perform the preliminary home study only if there is no

30  licensed child-placing agency, child-caring agency registered

31  under s. 409.176, licensed professional, or agency described

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1  in s. 61.20(2), in the county where the prospective adoptive

  2  parents reside. The preliminary home study must be made to

  3  determine the suitability of the intended adoptive parents and

  4  may be completed prior to identification of a prospective

  5  adoptive minor.  A favorable preliminary home study is valid

  6  for 1 year after the date of its completion. Upon its

  7  completion, a copy of the home study must be provided to the

  8  intended adoptive parents who were the subject of the home

  9  study. A minor may not be placed in an intended adoptive home

10  before a favorable preliminary home study is completed unless

11  the adoptive home is also a licensed foster home under s.

12  409.175, or unless the petitioner is a stepparent, a spouse of

13  a parent, or a relative. The preliminary home study must

14  include, at a minimum:

15         (a)  An interview with the intended adoptive parents;

16         (b)  Records checks of the department's central abuse

17  registry and criminal records correspondence checks pursuant

18  to s. 435.045 through the Department of Law Enforcement on the

19  intended adoptive parents;

20         (c)  An assessment of the physical environment of the

21  home;

22         (d)  A determination of the financial security of the

23  intended adoptive parents;

24         (e)  Documentation of counseling and education of the

25  intended adoptive parents on adoptive parenting;

26         (f)  Documentation that information on adoption and the

27  adoption process has been provided to the intended adoptive

28  parents;

29         (g)  Documentation that information on support services

30  available in the community has been provided to the intended

31  adoptive parents; and

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         (h)  A copy of each signed acknowledgment required by

  2  s. 63.085.

  3

  4  If the preliminary home study is favorable, a minor may be

  5  placed in the home pending entry of the judgment of adoption.

  6  A minor may not be placed in the home if the preliminary home

  7  study is unfavorable.  If the preliminary home study is

  8  unfavorable, the adoption entity may, within 20 days after

  9  receipt of a copy of the written recommendation, petition the

10  court to determine the suitability of the intended adoptive

11  home.  A determination as to suitability under this subsection

12  does not act as a presumption of suitability at the final

13  hearing. In determining the suitability of the intended

14  adoptive home, the court must consider the totality of the

15  circumstances in the home. No minor may be placed in a home in

16  which there resides any person determined by the court to be a

17  sexual predator as defined in s. 775.21 or to have been

18  convicted of an offense listed in s. 63.089(4)(b)2.

19         Section 13.  Paragraphs (a) and (f) of subsection (2)

20  and subsections (3) and (5) of section 63.097, Florida

21  Statutes, are amended to read:

22         63.097  Fees.--

23         (2)  The following fees, costs, and expenses may be

24  assessed by the adoption entity or paid by the adoption entity

25  on behalf of the prospective adoptive parents:

26         (a)  Reasonable living expenses of the birth mother

27  which the birth mother is unable to pay due to unemployment,

28  underemployment, or disability due to the pregnancy which is

29  certified by a medical professional who has examined the birth

30  mother, or any other disability defined in s. 110.215.

31  Reasonable living expenses are rent, utilities, toiletries,

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1  basic telephone service, food, necessary clothing,

  2  transportation, and expenses found by the court to be

  3  necessary for the health of the birth mother or unborn child.

  4         (f)  The following professional fees:

  5         1.  A reasonable hourly fee necessary to provide legal

  6  representation to the adoptive parents or adoption entity in a

  7  proceeding filed under this chapter.

  8         2.  A reasonable hourly fee for contact with the parent

  9  related to the adoption. In determining a reasonable hourly

10  fee under this subparagraph, the court must consider if the

11  tasks done were clerical or of such a nature that the matter

12  could have been handled by support staff at a lesser rate than

13  the rate for legal representation charged under subparagraph

14  1. Such tasks specifically do not include obtaining a parent's

15  signature on any document; such tasks include, but need not be

16  limited to, transportation, transmitting funds, arranging

17  appointments, and securing accommodations.

18         3.  A reasonable hourly fee for counseling services

19  provided to a parent or a prospective adoptive parent by a

20  psychologist licensed under chapter 490 or a clinical social

21  worker, marriage and family therapist, crisis pregnancy

22  center, or mental health counselor licensed under chapter 491,

23  or a counselor who is employed by an adoption entity

24  accredited by the Council on Accreditation of Services for

25  Children and Families to provide pregnancy counseling and

26  supportive services.

27         (3)  Prior Approval of the court is not required until

28  the cumulative total of amounts permitted under subsection (2)

29  exceeds:

30         (a)  $2,500 in legal or other fees;

31         (b)  $800 $500 in court costs; or

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         (c)  $3,000 in expenses.; or

  2         (d)  $1,500 cumulative expenses that are related to the

  3  minor, the pregnancy, a parent, or adoption proceeding, which

  4  expenses are incurred prior to the date the prospective

  5  adoptive parent retains the adoption entity.

  6         (5)  The following fees, costs, and expenses are

  7  prohibited:

  8         (a)  Any fee or expense that constitutes payment for

  9  locating a minor for adoption.

10         (b)  Any lump-sum payment that to the entity which is

11  nonrefundable directly to the payor or which is not itemized

12  on the affidavit filed under s. 63.132.

13         (c)  Any legal fee on the affidavit which does not

14  specify the service that was provided and for which the fee is

15  being charged, such as a fee for facilitation, acquisition, or

16  other similar service, or which does not identify the date the

17  service was provided, the time required to provide the

18  service, the person or entity providing the service, and the

19  hourly fee charged.

20         Section 14.  Subsection (5) of section 63.102, Florida

21  Statutes, is amended to read:

22         63.102  Filing of petition for adoption or declaratory

23  statement; venue; proceeding for approval of fees and costs.--

24         (5)  A proceeding for prior approval of fees and costs

25  may be commenced any time after an agreement is reached

26  between the birth mother and the adoptive parents by filing a

27  petition for declaratory statement on the agreement entitled

28  "In the Matter of the Proposed Adoption of a Minor Child" in

29  the circuit court.

30         (a)  The petition must be filed jointly by the adoption

31  entity and each person who enters into the agreement.

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         (a)(b)  A contract for the payment of fees, costs, and

  2  expenses permitted under this chapter must be in writing, and

  3  any person who enters into the contract has 3 business days in

  4  which to cancel the contract and withdraw from the adoption.

  5  To cancel the contract, the person must notify the adoption

  6  entity in writing by certified United States mail, return

  7  receipt requested, no later than 3 business days after signing

  8  the contract. For the purposes of this subsection, the term

  9  "business day" means a day on which the United States Postal

10  Service accepts certified mail for delivery. If the contract

11  is canceled within the first 3 business days, the person who

12  cancels the contract does not owe any legal, intermediary, or

13  other fees, but may be responsible for the adoption entity's

14  actual costs during that time.

15         (b)(c)  The court may grant prior approval only of fees

16  and expenses permitted under s. 63.097. A prior approval of

17  prospective fees and costs does not create a presumption that

18  these items will subsequently be approved by the court under

19  s. 63.132. The court, under s. 63.132, may order an adoption

20  entity to refund any amount paid under this subsection that is

21  subsequently found by the court to be greater than fees,

22  costs, and expenses actually incurred.

23         (c)(d)  The contract may not require, and the court may

24  not approve, any lump-sum payment to the entity which is

25  nonrefundable to the payor or any amount that constitutes

26  payment for locating a minor for adoption.

27         (d)(e)  When a petition for a declaratory statement as

28  to the adoption contract is filed prior to the commencement of

29  proceedings to terminate parental rights, it must be filed in

30  accordance with the venue requirements for the filing of the

31  petition terminating parental rights under s. 63.087. Pursuant

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1  to s. 63.087, a previously filed petition for a declaratory

  2  statement filed under this section must be consolidated with a

  3  related subsequently filed petition for termination of

  4  parental rights or petition for adoption. If the petition for

  5  declaratory statement is filed after the judgment terminating

  6  parental rights has been entered, the action for declaratory

  7  statement must be consolidated with any related petition for

  8  adoption. Only one filing fee may be assessed for both the

  9  petitions for adoption, and declaratory statement, and

10  termination of parental rights petitions.

11         (e)(f)  Prior approval of fees and costs by the court

12  does not obligate the parent to ultimately relinquish the

13  minor for adoption.

14         Section 15.  Subsection (1) of section 63.132, Florida

15  Statutes, is amended to read:

16         63.132  Affidavit of expenses and receipts.--

17         (1)  At least 10 days before the hearing on the

18  petition for adoption, the prospective adoptive parent and any

19  adoption entity must file two copies of an affidavit under

20  this section.

21         (a)  The affidavit must be signed by the adoption

22  entity and the prospective adoptive parents. A copy of the

23  affidavit must be provided to the adoptive parents before or

24  at the time the affidavit is executed.

25         (b)  The affidavit must itemize all disbursements and

26  receipts of anything of value, including professional and

27  legal fees, made or agreed to be made by or on behalf of the

28  prospective adoptive parent and any adoption entity in

29  connection with the adoption or in connection with any prior

30  proceeding to terminate parental rights which involved the

31  minor who is the subject of the petition for adoption. The

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1  affidavit of the adoption entity must also include, for each

  2  fee itemized, the service provided for which the fee is being

  3  charged, the date the service was provided, the time required

  4  to provide the service, the person or entity that provided the

  5  service, and the hourly fee charged.

  6         (c)  The clerk of the court shall forward a copy of the

  7  affidavit to the department.

  8         (d)  The affidavit must show any expenses or receipts

  9  incurred in connection with:

10         1.  The birth of the minor.

11         2.  The placement of the minor with the petitioner.

12         3.  The medical or hospital care received by the mother

13  or by the minor during the mother's prenatal care and

14  confinement.

15         4.  The living expenses of the birth mother. The living

16  expenses must be documented in detail to apprise the court of

17  the exact expenses incurred.

18         5.  The services relating to the adoption or to the

19  placement of the minor for adoption that were received by or

20  on behalf of the petitioner, the adoption entity, either

21  parent, the minor, or any other person.

22

23  The affidavit must state whether any of these expenses were

24  paid for by collateral sources, including, but not limited to,

25  health insurance, Medicaid, Medicare, or public assistance.

26         Section 16.  Paragraphs (a) and (d) of subsection (4)

27  of section 63.142, Florida Statutes, are amended to read:

28         63.142  Hearing; judgment of adoption.--

29         (4)  JUDGMENT.--At the conclusion of the hearing, after

30  the court determines that the date for a parent to file an

31  appeal of a valid judgment terminating that parent's parental

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1  rights has passed and no appeal, pursuant to the Florida Rules

  2  of Appellate Procedure, is pending and that the adoption is in

  3  the best interest of the person to be adopted, a judgment of

  4  adoption shall be entered.

  5         (a)  A judgment terminating parental rights pending

  6  adoption is voidable and any later judgment of adoption of

  7  that minor is voidable if, upon a motion to set aside of a

  8  parent, the court finds that any person knowingly gave false

  9  information that prevented the parent from timely making known

10  his or her desire to assume parental responsibilities toward

11  the minor or meeting the requirements under this chapter to

12  exercise his or her parental rights. A motion under this

13  paragraph must be filed with the court that entered the

14  original judgment. The motion must be filed within a

15  reasonable time, but not later than 1 year 2 years after the

16  date the judgment terminating parental rights was entered.

17         (d)  Except upon good cause shown or stipulation of the

18  parties, no later than 45 days after the preliminary hearing,

19  the court must conduct a final hearing on the motion to set

20  aside the judgment and issue its written order as

21  expeditiously as possible thereafter.

22         Section 17.  Paragraph (c) of subsection (1) of section

23  63.172, Florida Statutes, is amended to read:

24         63.172  Effect of judgment of adoption.--

25         (1)  A judgment of adoption, whether entered by a court

26  of this state, another state, or of any other place, has the

27  following effect:

28         (c)  Except for rights of inheritance, It creates the

29  relationship between the adopted person and the petitioner and

30  all relatives of the petitioner that would have existed if the

31  adopted person were a blood descendant of the petitioner born

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1  within wedlock. This relationship shall be created for all

  2  purposes, including applicability of statutes, documents, and

  3  instruments, whether executed before or after entry of the

  4  adoption judgment, that do not expressly exclude an adopted

  5  person from their operation or effect.

  6         Section 18.  Subsection (1) of section 63.207, Florida

  7  Statutes, is amended to read:

  8         63.207  Out-of-state placement.--

  9         (1)  Unless the parent placing a minor for adoption

10  files an affidavit that the parent chooses to place the minor

11  outside the state, giving the reason for that placement, or

12  the minor is to be placed with a relative within the third

13  degree or with a stepparent, or the minor is a special needs

14  child, as defined in s. 409.166, or for other good cause

15  shown, an adoption entity may not:

16         (a)  Take or send a minor out of the state for the

17  purpose of placement for adoption; or

18         (b)  Place or attempt to place a minor for the purpose

19  of adoption with a family who primarily lives and works

20  outside Florida in another state. If an adoption entity is

21  acting under this subsection, the adoption entity must file a

22  petition for declaratory statement pursuant to s. 63.102 for

23  prior approval of fees and costs. The court shall review the

24  costs pursuant to s. 63.097. The petition for declaratory

25  statement must be converted to a petition for an adoption upon

26  placement of the minor in the home. The circuit court in this

27  state must retain jurisdiction over the matter until the

28  adoption becomes final. The prospective adoptive parents must

29  come to this state to have the adoption finalized. Violation

30  of the order subjects the adoption entity to contempt of court

31  and to the penalties provided in s. 63.212.

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         Section 19.  Paragraphs (a), (b), and (c) of subsection

  2  (1) and subsection (4) of section 63.212, Florida Statutes,

  3  are amended to read:

  4         63.212  Prohibited acts; penalties for violation;

  5  preplanned adoption agreement.--

  6         (1)  It is unlawful for any person:

  7         (a)  To place or attempt to place a minor for adoption

  8  with a person who primarily lives and works outside this state

  9  unless the minor is placed with a relative within the third

10  degree or with a stepparent. This requirement does not apply

11  if the minor is placed by an adoption entity in accordance

12  with s. 63.207.

13         (b)  Except an adoption entity, to place or attempt to

14  place within the state a minor for adoption unless the minor

15  is placed with a relative within the third degree or with a

16  stepparent.  This prohibition, however, does not apply to a

17  person who is placing or attempting to place a minor for the

18  purpose of adoption with the adoption entity.

19         (c)  To sell or surrender, or to arrange for the sale

20  or surrender of, a minor to another person for money or

21  anything of value or to receive such minor child for such

22  payment or thing of value.  If a minor is being adopted by a

23  relative within the third degree or by a stepparent, or is

24  being adopted through an adoption entity, this paragraph does

25  not prohibit the person who is contemplating adopting the

26  child from paying, under ss. 63.097 and 63.132, the actual

27  prenatal care and living expenses of the mother of the child

28  to be adopted, or from paying, under ss. 63.097 and 63.132,

29  the actual living and medical expenses of such mother for a

30  reasonable time, not to exceed 6 weeks, if medical needs

31  require such support, after the birth of the minor.

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2422
    16-1540-02




  1         (4)  It is unlawful for any adoption entity to fail to

  2  report to the court, prior to placement, the intended

  3  placement of a minor for purposes of adoption with any person

  4  not a stepparent or a relative within the third degree, if the

  5  adoption entity participates in such intended placement.

  6         Section 20.  This act shall take effect July 1, 2002.

  7

  8            *****************************************

  9                          SENATE SUMMARY

10    Revises various provisions of ch. 63, F.S., governing
      adoptions. Changes the time within which to file a motion
11    to void a judgment terminating parental rights pending
      adoption from 2 years to 1 year. Requires that a child's
12    grandparent be notified of an impending adoption if the
      child has lived with the grandparent for 6 continuous
13    months. Revises notice requirements if there is not a
      named father to consent to an adoption. Deletes a
14    provision allowing the birth mother to withdraw a consent
      for adoption within 1 day after her date of discharge
15    from a hospital or birth center. Removes requirements
      that a child be placed with a relative within the third
16    degree under certain circumstances. (See bill for
      details.)
17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  50

CODING: Words stricken are deletions; words underlined are additions.