Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1322
Ì5832641Î583264
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/04/2023 .
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The Committee on Judiciary (Grall) 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)1. The Legislature finds that there is a compelling
11 state interest in ensuring that a child involved in chapter 39
12 proceedings is served in a way that minimizes his or her trauma,
13 provides safe placement, maintains continuity of bonded
14 placements, and achieves permanency as soon as possible.
15 2. The Legislature finds that the use of intervention in
16 dependency cases for the purpose of adoption has the potential
17 to be traumatic for a child in the dependency system and that
18 the disruption of a stable and bonded long-term placement by a
19 change of placement to a person or family with whom the child
20 has no bond or connection may create additional trauma.
21 3. The Legislature finds that the right of a parent to
22 determine an appropriate placement for a child who has been
23 found dependent is not absolute and must be weighed against
24 other factors that take the child’s safety, well-being, and best
25 interests into account.
26 4. It is the intent of the Legislature to reduce the
27 disruption of stable and bonded long-term placements that have
28 been identified as prospective adoptive placements.
29 (b) If a parent executes a consent for adoption of a child
30 minor with an adoption entity or qualified prospective adoptive
31 parents and the minor child is under the supervision of the
32 department, or otherwise subject to the jurisdiction of the
33 dependency court as a result of the entry of a shelter order or,
34 a dependency petition, or a petition for termination of parental
35 rights pursuant to chapter 39, but parental rights have not yet
36 been terminated, the adoption consent is valid, binding, and
37 enforceable by the court. A consent to adoption of a child with
38 an adoption entity or qualified prospective adoptive parents is
39 not valid if executed during the pendency of a petition for
40 termination of parental rights pursuant to s. 39.802.
41 (c)(b) Upon execution of the consent of the parent, the
42 adoption entity may file a motion shall be permitted to
43 intervene and change placement of the child in the dependency
44 case as a party in interest and must provide the court that
45 acquired jurisdiction over the child minor, pursuant to the
46 shelter order or dependency petition filed by the department, a
47 copy of the preliminary home study of the prospective adoptive
48 parents selected by the parent or adoption entity and any other
49 evidence of the suitability of the placement. The preliminary
50 home study must be maintained with strictest confidentiality
51 within the dependency court file and the department’s file. A
52 preliminary home study must be provided to the court in all
53 cases in which an adoption entity has been allowed to intervene
54 intervened pursuant to this section. Unless the court has
55 concerns regarding the qualifications of the home study
56 provider, or concerns that the home study may not be adequate to
57 determine the best interests of the child, the home study
58 provided by the adoption entity shall be deemed to be sufficient
59 and no additional home study needs to be performed by the
60 department.
61 (d)1.(c) If an adoption entity files a motion to intervene
62 and change placement of the child in the dependency case in
63 accordance with this chapter, the dependency court must shall
64 promptly grant an evidentiary a hearing to determine whether:
65 a. The adoption entity has filed the required documents to
66 be allowed permitted to intervene;
67 b. The preliminary home study is adequate and provides the
68 information required to make a best interests determination; and
69 c. The whether a change of placement of the child is in the
70 best interests of the child.
71 2. Absent good cause or mutual agreement of the parties,
72 the final hearing on the motion to intervene and change
73 placement the change of placement of the child must be held
74 within 30 days after the filing of the motion, and a written
75 final order shall be filed within 15 days after the hearing.
76 (e) If the child has been in his or her current placement
77 for at least 9 continuous months or 15 of the last 24 months
78 immediately preceding the filing of the motion to intervene, and
79 that placement is a prospective adoptive placement, there is a
80 rebuttable presumption that the placement is stable and that it
81 is in the child’s best interests to remain in that current
82 stable placement. The court shall grant party status to the
83 current caregiver who is a prospective adoptive placement for
84 the limited purpose of filing motions and presenting evidence
85 pursuant to this subsection. This limited party status expires
86 upon the issuance of a final order on the motion to intervene
87 and change of placement of the child. To rebut the presumption
88 established in this paragraph, the intervening party must prove
89 by clear and convincing evidence that it is in the best
90 interests of the child to disrupt the current stable prospective
91 adoptive placement using the factors set forth in paragraph (f)
92 and any other factors that the court deems relevant.
93 (d) If after consideration of all relevant factors,
94 including those set forth in paragraph (e), the court determines
95 that the prospective adoptive parents are properly qualified to
96 adopt the minor child and that the adoption is in the best
97 interests of the minor child, the court shall promptly order the
98 transfer of custody of the minor child to the prospective
99 adoptive parents, under the supervision of the adoption entity.
100 The court may establish reasonable requirements for the transfer
101 of custody in the transfer order, including a reasonable period
102 of time to transition final custody to the prospective adoptive
103 parents. The adoption entity shall thereafter provide monthly
104 supervision reports to the department until finalization of the
105 adoption. If the child has been determined to be dependent by
106 the court, the department shall provide information to the
107 prospective adoptive parents at the time they receive placement
108 of the dependent child regarding approved parent training
109 classes available within the community. The department shall
110 file with the court an acknowledgment of the parent’s receipt of
111 the information regarding approved parent training classes
112 available within the community.
113 (f)(e) At a hearing to determine In determining whether it
114 is in the best interests of a child to change placement the
115 child are served by transferring the custody of the minor child
116 to the prospective adoptive parents parent selected by the
117 parent or adoption entity, the court shall consider and weigh
118 all relevant factors, including, but not limited to:
119 1. The permanency offered by both the child’s current
120 placement and the prospective adoptive placement selected by the
121 parent or adoption entity;
122 2. The established bond bonded relationship between the
123 child and the current caregiver with whom the child is residing
124 if that placement is a prospective adoptive placement in any
125 potential adoptive home in which the child has been residing;
126 3. The stability of the prospective adoptive placement
127 potential adoptive home in which the child has been residing,
128 which must be presumed stable if the placement meets the
129 requirements of paragraph (e), as well as the desirability of
130 maintaining continuity of placement;
131 4. The importance of maintaining sibling relationships, if
132 possible;
133 5. The reasonable preferences and wishes of the child, if
134 the court deems the child to be of sufficient maturity,
135 understanding, and experience to express a preference;
136 6. Whether a petition for termination of parental rights
137 has been filed pursuant to s. 39.806(1)(f), (g), or (h);
138 7. What is best for the child; and
139 7.8. The right of the parent to determine an appropriate
140 placement for the child.
141 (g) If after consideration of all relevant factors,
142 including those set forth in paragraph (f), the court determines
143 that the home study is adequate and provides the information
144 necessary to make the determination that the prospective
145 adoptive parents are properly qualified to adopt the child and
146 that the change of placement is in the best interests of the
147 child, the court must promptly order the change of placement to
148 the prospective adoptive placement selected by the parent or
149 adoption entity, under the supervision of the adoption entity,
150 in accordance with a transition plan developed by the department
151 in consultation with the current caregivers, the prospective
152 adoptive parent, and the guardian ad litem, if one is appointed,
153 to minimize the trauma of removal of the child from his or her
154 current placement. The adoption entity must thereafter provide
155 monthly supervision reports to the department until finalization
156 of the adoption. If the child has been determined to be
157 dependent by the court, the department must provide information
158 to the prospective adoptive parents at the time they receive
159 placement of the dependent child regarding approved parent
160 training classes available within the community. The department
161 must file with the court an acknowledgment of the prospective
162 adoptive parents’ receipt of the information regarding approved
163 parent training classes available within the community.
164 (h)(f) The adoption entity is shall be responsible for
165 keeping the dependency court informed of the status of the
166 adoption proceedings at least every 90 days from the date of the
167 order changing placement of the child until the date of
168 finalization of the adoption.
169 (i)(g) The parent who is a party to the dependency case
170 must be provided written notice of his or her right to
171 participate in a private adoption plan, including written notice
172 of the factors identified in paragraph (f). This written notice
173 must be provided with the petition for dependency filed pursuant
174 to s. 39.501, in the order that adjudicates the child dependent
175 issued pursuant to s. 39.507, in the order of disposition issued
176 pursuant to s. 39.521 at the arraignment hearing held pursuant
177 to s. 39.506, in the order that approves the case plan issued
178 pursuant to s. 39.603, and in the order that changes the
179 permanency goal to adoption issued pursuant to s. 39.621, the
180 court shall provide written notice to the biological parent who
181 is a party to the case of his or her right to participate in a
182 private adoption plan including written notice of the factors
183 provided in paragraph (e).
184 Section 2. Subsection (3) and paragraph (e) of subsection
185 (4) of section 63.087, Florida Statutes, are amended to read:
186 63.087 Proceeding to terminate parental rights pending
187 adoption; general provisions.—
188 (3) PREREQUISITE FOR ADOPTION.—A petition for adoption may
189 not be filed until after the date the court enters the judgment
190 terminating parental rights pending adoption. The clerk of the
191 court shall issue a separate case number and maintain a separate
192 court file for a petition for adoption. A petition for adoption
193 may not be maintained in the same court file as the proceeding
194 to terminate parental rights. Adoptions of relatives, adult
195 adoptions, or adoptions of stepchildren are not required to file
196 a separate termination of parental rights proceeding pending
197 adoption. In such cases, the petitioner may file a joint
198 petition for termination of parental rights and adoption,
199 attaching all required consents, affidavits, notices, and
200 acknowledgments. Unless otherwise provided by law, this chapter
201 applies to joint petitions.
202 (4) PETITION.—
203 (e) The petition must include:
204 1. The child’s minor’s name, gender, date of birth, and
205 place of birth. The petition must contain all names by which the
206 child minor is or has been known, excluding the child’s minor’s
207 prospective adoptive name but including the child’s minor’s
208 legal name at the time of the filing of the petition. In the
209 case of an infant child whose adoptive name appears on the
210 original birth certificate, the adoptive name shall not be
211 included in the petition, nor shall it be included elsewhere in
212 the termination of parental rights proceeding.
213 2. All information required by the Uniform Child Custody
214 Jurisdiction and Enforcement Act and the Indian Child Welfare
215 Act.
216 3. A statement of the grounds under s. 63.089 upon which
217 the petition is based.
218 4. The name, address, and telephone number of any adoption
219 entity seeking to place the child minor for adoption.
220 5. The name, address, and telephone number of the division
221 of the circuit court in which the petition is to be filed.
222 6. A certification that the petitioner will comply of
223 compliance with the requirements of s. 63.0425 regarding notice
224 to grandparents of an impending adoption.
225 7. A copy of the original birth certificate of the child,
226 attached to the petition or filed with the court before the
227 final hearing on the petition to terminate parental rights.
228 Section 3. Subsection (2) of section 63.122, Florida
229 Statutes, is amended to read:
230 63.122 Notice of hearing on petition.—
231 (2) Notice of hearing must be given as prescribed by the
232 Florida Family Law Rules of Civil Procedure, and service of
233 process must be made as specified by law for civil actions.
234 Section 4. Subsections (1) and (3) of section 63.132,
235 Florida Statutes, are amended to read:
236 63.132 Affidavit of expenses and receipts.—
237 (1) Before the hearing on the petition for adoption, the
238 prospective adoptive parents parent and any adoption entity must
239 file two copies of an affidavit under this section.
240 (a) The affidavit must be signed by the adoption entity and
241 the prospective adoptive parents. A copy of the affidavit must
242 be provided to the adoptive parents at the time the affidavit is
243 executed.
244 (b) The affidavit must itemize all disbursements and
245 receipts of anything of value, including professional and legal
246 fees, made or agreed to be made by or on behalf of the
247 prospective adoptive parents parent and any adoption entity in
248 connection with the adoption or in connection with any prior
249 proceeding to terminate parental rights which involved the child
250 minor who is the subject of the petition for adoption. The
251 affidavit must also include, for each hourly legal or counseling
252 fee itemized, the service provided for which the hourly fee is
253 being charged, the date the service was provided, the time
254 required to provide the service if the service was charged by
255 the hour, the person or entity that provided the service, and
256 the hourly fee charged.
257 (c) The affidavit must show any expenses or receipts
258 incurred in connection with:
259 1. The birth of the child minor.
260 2. The placement of the child minor with the petitioner.
261 3. The medical or hospital care received by the mother or
262 by the child minor during the mother’s prenatal care and
263 confinement.
264 4. The living expenses of the birth mother. The living
265 expenses must be itemized in detail to apprise the court of the
266 exact expenses incurred.
267 5. The services relating to the adoption or to the
268 placement of the child minor for adoption that were received by
269 or on behalf of the petitioner, the adoption entity, either
270 parent, the child minor, or any other person.
271
272 The affidavit must state whether any of these expenses were paid
273 for by collateral sources, including, but not limited to, health
274 insurance, Medicaid, Medicare, or public assistance.
275 (3) The court must issue a separate order approving or
276 disapproving the fees, costs, and expenses itemized in the
277 affidavit. The court may approve only fees, costs, and
278 expenditures allowed under s. 63.097. The court may reject in
279 whole or in part any fee, cost, or expenditure listed if the
280 court finds that the expense is any of the following:
281 (a) Contrary to this chapter.;
282 (b) Not supported by a receipt, if requested in the record,
283 if the expense is not a fee of the adoption entity.; or
284 (c) Not a reasonable fee or expense, considering the
285 requirements of this chapter and the totality of the
286 circumstances.
287 Section 5. Paragraph (c) of subsection (1) of section
288 63.212, Florida Statutes, is amended to read:
289 63.212 Prohibited acts; penalties for violation.—
290 (1) It is unlawful for any person:
291 (c) To sell or surrender, or to arrange for the sale or
292 surrender of, a child minor to another person for money or
293 anything of value or to receive such minor child for such
294 payment or thing of value. If a child minor is being adopted by
295 a relative or by a stepparent, or is being adopted through an
296 adoption entity, this paragraph does not prohibit the person who
297 is contemplating adopting the child from paying, under ss.
298 63.097 and 63.132, the actual prenatal care and living expenses
299 of the mother of the child to be adopted, or from paying, under
300 ss. 63.097 and 63.132, the actual living and medical expenses of
301 such mother for a reasonable time, not to exceed 6 weeks, if
302 medical needs require such support, after the birth of the child
303 minor.
304 Section 6. (1) On or before July 15, 2023, the Department
305 of Children and Families shall provide to the Office of Program
306 Policy Analysis and Government Accountability (OPPAGA) a list of
307 all child-caring agencies registered under s. 409.176, Florida
308 Statutes, and all child-placing agencies licensed under s.
309 63.202, Florida Statutes, and contact information for each such
310 agency.
311 (2) On or before October 1, 2023, all registered child
312 caring agencies and licensed child-placing agencies shall
313 provide OPPAGA with data as requested by OPPAGA related to
314 contact information for any intermediary adoption entities the
315 agency contracts with, fees and compensation for any portion of
316 adoption interventions the agency has been involved with, and
317 related costs for adoption interventions initiated under chapter
318 39, Florida Statutes.
319 (3) By January 1, 2024, OPPAGA shall submit a report to the
320 President of the Senate and the Speaker of the House of
321 Representatives which examines the adoption process in this
322 state. At a minimum, the report must include:
323 (a) An update of OPPAGA Report No. 08-05 from January 2008
324 and expanded analysis of time to permanency by adoption and
325 barriers to timely permanency.
326 (b) A general overview and analysis of adoptions under
327 chapter 63, Florida Statutes, including adoptions of children
328 outside of the child welfare system.
329 (c) A national comparative analysis of state processes that
330 allow private adoption entities to intervene or participate in
331 dependency cases and requirements for such intervention or
332 participation.
333 (d) A national comparative analysis of statutory fee limits
334 for adoption services when private adoption entities intervene
335 in dependency cases, including attorney fees, recruitment fees,
336 marketing fees, matching fees, and counseling fees.
337 (e) A national comparative analysis of any regulations on
338 marketing and client recruitment methods or strategies of
339 private adoption entities in dependency cases.
340 Section 7. This act shall take effect July 1, 2023.
341
342 ================= T I T L E A M E N D M E N T ================
343 And the title is amended as follows:
344 Delete everything before the enacting clause
345 and insert:
346 A bill to be entitled
347 An act relating to adoption; amending s. 63.082, F.S.;
348 providing legislative findings and intent; specifying
349 that certain adoption consents are valid, binding, and
350 enforceable by the court; specifying that a consent to
351 adoption is not valid during the pendency of a
352 petition for termination of parental rights;
353 authorizing the adoption entity to file a specified
354 motion under certain circumstances; making technical
355 changes; deleting a provision regarding the
356 sufficiency of the home study provided by the adoption
357 entity; requiring that an evidentiary hearing be
358 granted if a certain motion is filed; specifying the
359 determinations to be made at such hearing; providing a
360 rebuttable presumption; requiring the court to grant
361 party status to the current caregivers under certain
362 circumstances; providing when such party status
363 expires; requiring the intervening party to prove
364 certain factors to rebut a certain presumption;
365 revising the factors for a best interests
366 consideration at a certain hearing; requiring the
367 court to order the transfer of custody of the child to
368 the adoptive parents under certain circumstances and
369 in accordance with a certain transition plan;
370 requiring certain disclosures related to the right to
371 participate in a private adoption plan; amending s.
372 63.087, F.S.; requiring the clerk of court to issue a
373 separate case number for a petition for adoption and
374 prohibiting such petition from being maintained in a
375 specified court file; revising requirements for a
376 petition for adoption; amending s. 63.122, F.S.;
377 requiring that a certain notice of hearing be given as
378 prescribed in the Florida Family Law Rules of
379 Procedure; amending s. 63.132, F.S.; making technical
380 changes; specifying that certain fees are hourly fees;
381 amending s. 63.212, F.S.; providing that a person
382 contemplating adoption of a child may make specified
383 payments to the mother of the child for a specified
384 period of time regardless of whether the medical needs
385 of the mother require such support; requiring the
386 Department of Children and Families to provide a
387 certain list of child-caring and child-placing
388 agencies to the Office of Program Policy Analysis and
389 Government Accountability by a specified date;
390 requiring certain child-caring and child-placing
391 agencies to provide certain data to OPPAGA by a
392 specified date; requiring OPAGGA to submit a specified
393 report to the Legislature by a specified date;
394 providing requirements for the report; providing an
395 effective date.