Senate Bill sb2046er

    ENROLLED

    2004 Legislature                        SB 2046, 1st Engrossed



  1                                 

  2         An act relating to adoption; amending s.

  3         39.812, F.S.; restricting the ability of the

  4         Department of Children and Family Services to

  5         remove a child from the home of a foster parent

  6         or court-ordered custodian under certain

  7         circumstances; providing an exception to a

  8         requirement that a department consent be

  9         attached to an adoption petition; amending s.

10         63.062, F.S.; requiring a waiver of department

11         consent under certain circumstances; providing

12         an effective date.

13  

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

15  

16         Section 1.  Subsections (4) and (5) of section 39.812,

17  Florida Statutes, are amended to read:

18         39.812  Postdisposition relief; petition for

19  adoption.--

20         (4)  The court shall retain jurisdiction over any child

21  placed in the custody of the department until the child is

22  adopted. After custody of a child for subsequent adoption has

23  been given to the department, the court has jurisdiction for

24  the purpose of reviewing the status of the child and the

25  progress being made toward permanent adoptive placement. As

26  part of this continuing jurisdiction, for good cause shown by

27  the guardian ad litem for the child, the court may review the

28  appropriateness of the adoptive placement of the child. When a

29  licensed foster parent or court-ordered custodian has applied

30  to adopt a child who has resided with the foster parent or

31  custodian for at least 6 months and who has previously been


                                  1

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




    ENROLLED

    2004 Legislature                        SB 2046, 1st Engrossed



 1  permanently committed to the legal custody of the department

 2  and the department does not grant the application to adopt,

 3  the department may not, in the absence of a prior court order

 4  authorizing it to do so, remove the child from the foster home

 5  or custodian, except when:

 6         (a)  There is probable cause to believe that the child

 7  is at imminent risk of abuse or neglect;

 8         (b)  Thirty days have expired following written notice

 9  to the foster parent or custodian of the denial of the

10  application to adopt, within which period no formal challenge

11  of the department's decision has been filed; or

12         (c)  The foster parent or custodian agrees to the

13  child's removal.

14         (5)  The petition for adoption must be filed in the

15  division of the circuit court which entered the judgment

16  terminating parental rights, unless a motion for change of

17  venue is granted pursuant to s. 47.122. A copy of the consent

18  executed by the department as required under s. 63.062(7) must

19  be attached to the petition, unless the court determines that

20  such consent is being unreasonably withheld and provided that

21  the petitioner has filed with the court a favorable

22  preliminary adoptive home study performed by a licensed

23  child-placing agency, a child-caring agency registered under

24  s. 409.176, or a licensed professional or agency described in

25  s. 61.20(2). The petition must be accompanied by a form

26  provided by the department which details the social and

27  medical history of the child and each parent and includes the

28  social security number and date of birth for each parent, if

29  such information is available or readily obtainable. The

30  person seeking to adopt the child may not file a petition for

31  adoption until the judgment terminating parental rights


                                  2

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




    ENROLLED

    2004 Legislature                        SB 2046, 1st Engrossed



 1  becomes final. An adoption proceeding under this subsection is

 2  governed by chapter 63, as limited under s. 63.037.

 3         Section 2.  Subsection (7) of section 63.062, Florida

 4  Statutes, is amended to read:

 5         63.062  Persons required to consent to adoption;

 6  affidavit of nonpaternity; waiver of venue.--

 7         (7)  If parental rights to the minor have previously

 8  been terminated, the adoption entity with which the minor has

 9  been placed for subsequent adoption may provide consent to the

10  adoption. In such case, no other consent is required. The

11  consent of the department shall be waived upon a determination

12  by the court that such consent is being unreasonably withheld,

13  provided that the petitioner has filed with the court a

14  favorable preliminary adoptive home study performed by a

15  licensed child-placing agency, a child-caring agency

16  registered under s. 409.176, or a licensed professional or

17  agency described in s. 61.20(2).

18         Section 3.  This act shall take effect upon becoming a

19  law.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  3

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