Florida Senate - 2018 CS for CS for SB 774 By the Committees on Judiciary; and Children, Families, and Elder Affairs; and Senator Bean 590-03466-18 2018774c2 1 A bill to be entitled 2 An act relating to dependency proceedings; amending s. 3 63.092, F.S.; requiring the Department of Children and 4 Families to provide specified records to entities 5 conducting preliminary home studies; limiting certain 6 training requirements to persons who adopt children 7 from the department; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. 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 in the 16 intended adoptive home, a preliminary home study must be 17 performed by a licensed child-placing agency, a child-caring 18 agency registered under s. 409.176, a licensed professional, or 19 an agency described in s. 61.20(2), unless the adoptee is an 20 adult or the petitioner is a stepparent or a relative. If the 21 adoptee is an adult or the petitioner is a stepparent or a 22 relative, a preliminary home study may be required by the court 23 for good cause shown. The department is required to perform the 24 preliminary home study only if there is no licensed child 25 placing agency, child-caring agency registered under s. 409.176, 26 licensed professional, or agency described in s. 61.20(2), in 27 the county where the prospective adoptive parents reside. The 28 preliminary home study must be made to determine the suitability 29 of the intended adoptive parents and may be completed prior to 30 identification of a prospective adoptive minor. A favorable 31 preliminary home study is valid for 1 year after the date of its 32 completion. Upon its completion, a signed copy of the home study 33 must be provided to the intended adoptive parents who were the 34 subject of the home study. A minor may not be placed in an 35 intended adoptive home before a favorable preliminary home study 36 is completed unless the adoptive home is also a licensed foster 37 home under s. 409.175. The preliminary home study must include, 38 at a minimum: 39 (a) An interview with the intended adoptive parents; 40 (b) Records checks of the department’s central abuse 41 registry, which the department shall provide to the entity 42 conducting the preliminary home study, and criminal records 43 correspondence checks under s. 39.0138 through the Department of 44 Law Enforcement on the intended adoptive parents; 45 (c) An assessment of the physical environment of the home; 46 (d) A determination of the financial security of the 47 intended adoptive parents; 48 (e) Documentation of counseling and education of the 49 intended adoptive parents on adoptive parenting as determined by 50 the entity conducting the preliminary home study. The training 51 specified in s. 409.175(14) shall only be required for persons 52 who adopt children from the department; 53 (f) Documentation that information on adoption and the 54 adoption process has been provided to the intended adoptive 55 parents; 56 (g) Documentation that information on support services 57 available in the community has been provided to the intended 58 adoptive parents; and 59 (h) A copy of each signed acknowledgment of receipt of 60 disclosure required by s. 63.085. 61 62 If the preliminary home study is favorable, a minor may be 63 placed in the home pending entry of the judgment of adoption. A 64 minor may not be placed in the home if the preliminary home 65 study is unfavorable. If the preliminary home study is 66 unfavorable, the adoption entity may, within 20 days after 67 receipt of a copy of the written recommendation, petition the 68 court to determine the suitability of the intended adoptive 69 home. A determination as to suitability under this subsection 70 does not act as a presumption of suitability at the final 71 hearing. In determining the suitability of the intended adoptive 72 home, the court must consider the totality of the circumstances 73 in the home. A minor may not be placed in a home in which there 74 resides any person determined by the court to be a sexual 75 predator as defined in s. 775.21 or to have been convicted of an 76 offense listed in s. 63.089(4)(b)2. 77 Section 2. This act shall take effect October 1, 2018.