Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 590
       
       
       
       
       
       
                                Ì560534!Î560534                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/12/2016           .                                
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       The Committee on Judiciary (Simmons) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) of section 63.082, Florida
    6  Statutes, is amended to read:
    7         63.082 Execution of consent to adoption or affidavit of
    8  nonpaternity; family social and medical history; revocation of
    9  consent.—
   10         (6)(a) If a parent executes a consent for placement of a
   11  minor with an adoption entity or qualified prospective adoptive
   12  parents and the minor child is under the supervision in the
   13  custody of the department, or otherwise subject to the
   14  jurisdiction of the dependency court as a result of the entry of
   15  a shelter order petition, a dependency petition, or a petition
   16  for termination of parental rights pursuant to ch. 39, but
   17  parental rights have not yet been terminated, the adoption
   18  consent is valid, binding, and enforceable by the court.
   19         (b) Upon execution of the consent of the parent, the
   20  adoption entity shall be permitted to intervene in the
   21  dependency case as a party in interest and must provide the
   22  court that acquired jurisdiction over the minor, pursuant to the
   23  shelter or dependency petition filed by the department, a copy
   24  of the preliminary home study of the prospective adoptive
   25  parents and any other evidence of the suitability of the
   26  placement. The preliminary home study must be maintained with
   27  strictest confidentiality within the dependency court file and
   28  the department’s file. A preliminary home study must be provided
   29  to the court in all cases in which an adoption entity has
   30  intervened pursuant to this section. Unless the court has
   31  concerns regarding the qualifications of the home study
   32  provider, or concerns that the home study may not be adequate to
   33  determine the best interests of the child, the home study
   34  provided by the adoption entity shall be deemed to be sufficient
   35  and no additional home study needs to be performed by the
   36  department.
   37         (c) If an adoption entity files a motion to intervene in
   38  the dependency case in accordance with this chapter, the
   39  dependency court shall promptly grant a hearing to determine
   40  whether the adoption entity has filed the required documents to
   41  be permitted to intervene and whether a change of placement of
   42  the child is in the best interests of the child appropriate.
   43  Absent good cause or mutual agreement of the parties, the final
   44  hearing on the motion to intervene and change of placement of
   45  the child must be held within 30 days after the filing of the
   46  motion and a written final order shall be filed within 15 days
   47  after the hearing.
   48         (d) After consideration of all relevant factors, including
   49  those set forth in paragraph (e) below, the court determines
   50  Upon a determination by the court that the prospective adoptive
   51  parents are properly qualified to adopt the minor child and that
   52  the adoption is appears to be in the best interests of the minor
   53  child, the court shall promptly immediately order the transfer
   54  of custody of the minor child to the prospective adoptive
   55  parents, under the supervision of the adoption entity. The court
   56  may establish reasonable requirements for the transfer of
   57  custody in the transfer order, including a reasonable period of
   58  time to transition final custody to the prospective adoptive
   59  parents. The adoption entity shall thereafter provide monthly
   60  supervision reports to the department until finalization of the
   61  adoption. If the child has been determined to be dependent by
   62  the court, the department shall provide information to the
   63  prospective adoptive parents at the time they receive placement
   64  of the dependent child regarding approved parent training
   65  classes available within the community. The department shall
   66  file with the court an acknowledgment of the parent’s receipt of
   67  the information regarding approved parent training classes
   68  available within the community.
   69         (e) In determining whether the best interests of the child
   70  are served by transferring the custody of the minor child to the
   71  prospective adoptive parent selected by the parent or adoption
   72  entity, the court shall consider all relevant factors,
   73  including, but not limited to, the rights of the parent based on
   74  the well-being of to determine an appropriate placement for the
   75  child, the permanency offered, the established bonded
   76  relationship of the child’s bonding and the current caregiver in
   77  with any potential adoptive home in which that the child has
   78  been residing in, the stability of the home in which the child
   79  has been residing as well as the desirability of maintaining
   80  continuity of placement, and the importance of maintaining
   81  sibling relationships, if possible, the reasonable preferences
   82  and wishes of the child, if the court deems the child to be of
   83  sufficient maturity, understanding, and experience to express a
   84  preference, whether a petition for termination of parental
   85  rights has been filed pursuant to s. 39.806(1)(f), (g), or (h),
   86  and what is best for the child.
   87         (f) The adoption entity shall be responsible for keeping
   88  the dependency court informed of the status of the adoption
   89  proceedings at least every 90 days from the date of the order
   90  changing placement of the child until the date of finalization
   91  of the adoption.
   92         (g) At the arraignment hearing held pursuant to s. 39.506,
   93  in the order that approves the case plan pursuant to s.
   94  39.603,and in the order that changes the permanency goal to
   95  adoption pursuant to s. 39.621 In all dependency proceedings,
   96  after it is determined that reunification is not a viable
   97  alternative and prior to the filing of a petition for
   98  termination of parental rights, the court shall provide written
   99  notice to advise the biological parent who is a party to the
  100  case of his or her the right to participate in a private
  101  adoption plan including written notice of the factors provided
  102  in paragraph (e).
  103         Section 2. This act shall take effect July 1, 2016.
  104  
  105  ================= T I T L E  A M E N D M E N T ================
  106  And the title is amended as follows:
  107         Delete everything before the enacting clause
  108  and insert:
  109                        A bill to be entitled                      
  110         An act relating to adoption; amending s. 63.082, F.S.;
  111         revising the circumstances under which an adoption
  112         consent is valid, binding, and enforceable; requiring
  113         a court to determine, under certain circumstances,
  114         whether a change of placement of a child is in the
  115         child’s best interests, rather than whether the change
  116         of placement is appropriate; deleting a determination
  117         that a court must consider under certain
  118         circumstances; revising when a court must provide
  119         written notice to a parent of specified information;
  120         providing an effective date.