Florida Senate - 2016                              CS for SB 590
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Detert
       586-01457-16                                           2016590c1
    1                        A bill to be entitled                      
    2         An act relating to adoption; amending s. 63.082, F.S.;
    3         revising the circumstances under which an adoption
    4         consent is valid, binding, and enforceable; requiring
    5         a court to determine, under certain circumstances,
    6         whether a change of placement of a child is in the
    7         child’s best interests, rather than whether the change
    8         of placement is appropriate; deleting a determination
    9         that a court must consider under certain
   10         circumstances; revising when a court must provide
   11         written notice to a parent of specified information;
   12         providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Subsection (6) of section 63.082, Florida
   17  Statutes, is amended to read:
   18         63.082 Execution of consent to adoption or affidavit of
   19  nonpaternity; family social and medical history; revocation of
   20  consent.—
   21         (6)(a) If a parent executes a consent for placement of a
   22  minor with an adoption entity or qualified prospective adoptive
   23  parents and the minor child is under the supervision in the
   24  custody of the department, but parental rights have not yet been
   25  terminated, the adoption consent is valid, binding, and
   26  enforceable by the court.
   27         (b) Upon execution of the consent of the parent, the
   28  adoption entity shall be permitted to intervene in the
   29  dependency case as a party in interest and must provide the
   30  court that acquired jurisdiction over the minor, pursuant to the
   31  shelter or dependency petition filed by the department, a copy
   32  of the preliminary home study of the prospective adoptive
   33  parents and any other evidence of the suitability of the
   34  placement. The preliminary home study must be maintained with
   35  strictest confidentiality within the dependency court file and
   36  the department’s file. A preliminary home study must be provided
   37  to the court in all cases in which an adoption entity has
   38  intervened pursuant to this section. Unless the court has
   39  concerns regarding the qualifications of the home study
   40  provider, or concerns that the home study may not be adequate to
   41  determine the best interests of the child, the home study
   42  provided by the adoption entity shall be deemed to be sufficient
   43  and no additional home study needs to be performed by the
   44  department.
   45         (c) If an adoption entity files a motion to intervene in
   46  the dependency case in accordance with this chapter, the
   47  dependency court shall promptly grant a hearing to determine
   48  whether the adoption entity has filed the required documents to
   49  be permitted to intervene and whether a change of placement of
   50  the child is in the best interests of the child pursuant to s.
   51  39.522(1) appropriate.
   52         (d) Upon a determination by the court that the prospective
   53  adoptive parents are properly qualified to adopt the minor child
   54  and that the adoption is appears to be in the best interests of
   55  the minor child, the court shall immediately order the transfer
   56  of custody of the minor child to the prospective adoptive
   57  parents, under the supervision of the adoption entity. The
   58  adoption entity shall thereafter provide monthly supervision
   59  reports to the department until finalization of the adoption. If
   60  the child has been determined to be dependent by the court, the
   61  department shall provide information to the prospective adoptive
   62  parents at the time they receive placement of the dependent
   63  child regarding approved parent training classes available
   64  within the community. The department shall file with the court
   65  an acknowledgment of the parent’s receipt of the information
   66  regarding approved parent training classes available within the
   67  community.
   68         (e) In determining whether the best interests of the child
   69  are served by transferring the custody of the minor child to the
   70  prospective adoptive parent selected by the parent, the court
   71  shall consider the rights of the parent to determine an
   72  appropriate placement for the child, the permanency offered, the
   73  child’s bonding with any potential adoptive home that the child
   74  has been residing in, and the importance of maintaining sibling
   75  relationships, if possible.
   76         (e)(f) The adoption entity shall be responsible for keeping
   77  the dependency court informed of the status of the adoption
   78  proceedings at least every 90 days from the date of the order
   79  changing placement of the child until the date of finalization
   80  of the adoption.
   81         (f)(g)At the arraignment hearing held pursuant to s.
   82  39.506, in the order that approves the case plan pursuant to s.
   83  39.603, or in the order that changes the permanency goal to
   84  adoption and terminates the parental rights pursuant to s.
   85  39.621 In all dependency proceedings, after it is determined
   86  that reunification is not a viable alternative and prior to the
   87  filing of a petition for termination of parental rights, the
   88  court shall provide written notice to advise the biological
   89  parent who is a party to the case of his or her the right to
   90  participate in a private adoption plan.
   91         Section 2. This act shall take effect July 1, 2016.