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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to permanency for children; amending 2
s. 39.01, F.S.; defining the term "visitor"; amending 3
s. 39.0138, F.S.; renaming the "State Automated Child 4
Welfare Information System" as the "Comprehensive 5
Child Welfare Information System"; requiring the 6
Department of Children and Families to conduct a 7
criminal history records check of certain frequent 8
visitors to a home in which a child is placed; 9
requiring the department to conduct a name -based check 10
of criminal history records of all visitors to suc h 11
home and certain other persons in specified 12
circumstances; requiring certain persons to submit 13
their fingerprints to the department or other 14
specified entities; requiring the department or such 15
entities to submit such fingerprints to the Department 16
of Law Enforcement for state processing within a 17
specified timeframe; requiring the Department of Law 18
Enforcement to forward such fingerprints to the 19
Federal Bureau of Investigation within a specified 20
timeframe; requiring a child to be immediately removed 21
from a home if certain persons fail to provide their 22
fingerprints and are not otherwise exempt from a 23
criminal history records check; amending s. 39.202, 24
F.S.; authorizing certain information to be provided 25
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to any person in the event of the death of a child if 26
the department concludes that the death was a result 27
of abuse, abandonment, or neglect; creating s. 28
39.5035, F.S.; providing procedures and requirements 29
relating to deceased parents of a dependent child; 30
amending s. 39.522, F.S.; authorizing certain person s 31
to remove a child from a court -ordered placement under 32
certain circumstances; requiring the Department of 33
Children and Families to file a specified motion, and 34
the court to set a hearing, within specified 35
timeframes under certain circumstances; requiring a 36
certain determination by the court to support 37
immediate removal of a child; authorizing the court to 38
base its determination on certain evidence; requiring 39
the court to enter certain orders and conduct certain 40
hearings under certain circumstances; amendi ng s. 41
39.6221, F.S.; revising a requisite condition for 42
placing a child in a permanent guardianship; amending 43
s. 39.6225, F.S.; revising eligibility for payments 44
under the Guardianship Assistance Program; amending s. 45
39.801, F.S.; providing that service of process is not 46
necessary under certain circumstances; amending s. 47
39.812, F.S.; authorizing the court to review the 48
Department of Children and Families' denial of an 49
application to adopt a child; requiring the department 50
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to file written notification of it s denial with the 51
court and provide copies to certain persons within a 52
specified timeframe; authorizing a denied applicant to 53
file a motion to review such denial within a specified 54
timeframe; requiring the court to hold a hearing 55
within a specified timefra me; providing standing to 56
certain persons; authorizing certain persons to 57
participate in the hearing under certain 58
circumstances; requiring the court to enter an order 59
within a specified timeframe; providing an exception 60
to authorize the department to remo ve a child from his 61
or her foster home or custodian; requiring the 62
department or its contracted child -placing agency to 63
conduct certain postadoption duties; conforming 64
provisions to changes made by the act; amending s. 65
63.032, F.S.; revising a definition; amending s. 66
63.062, F.S.; conforming provisions to changes made by 67
the act; amending s. 63.093, F.S.; requiring the 68
Department of Children and Families to contract with 69
one or more child-placing agencies to provide adoption 70
services; authorizing such agenc y to subcontract with 71
other entities to provide certain duties; requiring an 72
adoptive home study to be updated every 12 months 73
after the date on which the first study was approved; 74
requiring the department to adopt certain rules; 75
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requiring the department t o submit an annual report to 76
the Governor and Legislature by a specified date; 77
conforming provisions to changes made by the act; 78
amending s. 63.097, F.S.; revising and prohibiting 79
certain fees; amending s. 409.1451, F.S.; revising the 80
age requirements for receiving postsecondary education 81
services and support; revising the requirements for 82
receiving aftercare services; amending s. 409.166, 83
F.S.; revising the age requirements for receiving 84
adoption assistance; repealing s. 409.1662, F.S., 85
relating to children within the child welfare system 86
and the adoption incentive program; amending s. 87
409.1664, F.S.; providing definitions; providing 88
certain adoption benefits to health care practitioners 89
and tax collector employees; specifying methods for 90
such persons to apply for such benefits; increasing 91
the amount of monetary adoption benefits certain 92
persons are eligible to receive; conforming provisions 93
to changes made by the act; amending s. 409.167, F.S.; 94
providing requirements for the statewide adoption 95
exchange and its photo listing component; authorizing 96
only certain persons to access such photo listing 97
component; conforming provisions to changes made by 98
the act; amending s. 409.988, F.S.; revising the 99
children a community -based care lead agency must 100
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serve; providing effective dates. 101
102
Be It Enacted by the Legislature of the State of Florida: 103
104
Section 1. Subsection (88) is added to section 39.01, 105
Florida Statutes, to read: 106
39.01 Definitions.—When used in this chapter, unless the 107
context otherwise requires: 108
(88) "Visitor" means a person who: 109
(a) Provides care or supervision to a child in the home; 110
or 111
(b) Is 12 years of age or older, other than a child in 112
care, and who will be in the child's home at least: 113
1. Five consecutive days; or 114
2. Seven days or more in 1 month. 115
Section 2. Subsections (1) and (5) of section 39.0138, 116
Florida Statutes, are amended to read: 117
39.0138 Criminal history and other records checks; limit 118
on placement of a child. — 119
(1) The department shall conduct a records check thro ugh 120
the Comprehensive State Automated Child Welfare Information 121
System (SACWIS) and a local and statewide criminal history 122
records check on all persons, including parents, being 123
considered by the department for placement of a child under this 124
chapter, including all nonrelative placement decisions, and all 125
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members of the household, 12 years of age and older, of the 126
person being considered. For purposes of this section, a 127
criminal history records check may include, but is not limited 128
to, submission of fingerp rints to the Department of Law 129
Enforcement for processing and forwarding to the Federal Bureau 130
of Investigation for state and national criminal history 131
information, and local criminal records checks through local law 132
enforcement agencies of all household m embers 18 years of age 133
and older and other frequent visitors 18 years of age and older 134
to the home. The department shall conduct a name -based check of 135
criminal history records of all visitors to the home. An out-of-136
state criminal history records check must be initiated for any 137
person 18 years of age or older who resided in another state if 138
that state allows the release of such records. The department 139
must complete the records check within 14 business days after 140
receiving a person's criminal history results, unless additional 141
information is required to complete the processing. The 142
department shall establish by rule standards for evaluating any 143
information contained in the automated system relating to a 144
person who must be screened for purposes of making a plac ement 145
decision. 146
(5)(a) If a child has been sheltered pursuant to s. 39.402 147
and must be placed in out -of-home care due to an emergency, the 148
department must conduct a name -based check of criminal history 149
records to ascertain if the person with whom placeme nt of the 150
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child is being considered and any other adult household members 151
of such person are disqualified. 152
(b) The department may place a child in the a home if the 153
person with whom placement of the child is being considered and 154
any other adult household members of such person are not 155
disqualified by the name -based check, but, unless exempt, such 156
persons must submit a full set of fingerprints to the department 157
or to a vendor, an entity, or an agency authorized under s. 158
943.053(13). Unless exempt, within 7 calendar days after the 159
name-based check, the department, vendor, entity, or agency must 160
submit the fingerprints to the Department of Law Enforcement for 161
state processing. Within 15 calendar days after the name -based 162
check was conducted, the Department of Law Enforcement must 163
forward the fingerprints to the Federal Bureau of Investigation 164
for national processing that otherwise meets placement 165
requirements if a name check of state and local criminal history 166
records systems does not disqualify the applicant and if the 167
department submits fingerprints to the Department of Law 168
Enforcement for forwarding to the Federal Bureau of 169
Investigation and is awaiting the results of the state and 170
national criminal history records check . 171
(c) The department shall seek a court order to immediately 172
remove the child from the home if the person with whom placement 173
of the child is being considered or any other adult household 174
members of such person fail to provide their fingerprints within 175
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15 calendar days after the name -based check is conducted and 176
such persons are not exempt from a criminal history records 177
check. 178
Section 3. Paragraph (o) of subsection (2) of section 179
39.202, Florida Statutes, is amended to read: 180
39.202 Confidentiality of reports and records in cases of 181
child abuse or neglect; exception. — 182
(2) Except as provided in subsection (4), access to such 183
records, excluding the name of, or other identifying information 184
with respect to, the reporter which shall be released only as 185
provided in subsection (5), shall be granted only to the 186
following persons, officials, and agencies: 187
(o) Any person in the event of the death of a child 188
determined by the department at the closure of its investigation 189
in accordance with s. 39.301(16) to be a result of abuse, 190
abandonment, or neglect. Information identifying the person 191
reporting abuse, abandonment, or neglect may shall not be 192
released. Any information otherwise made confidential or exempt 193
by law may shall not be released pursuant to this para graph. 194
Section 4. Section 39.5035, Florida Statutes, is created 195
to read: 196
39.5035 Deceased parents; special procedures. — 197
(1)(a)1. If both parents of a child are deceased or the 198
last known living parent of a child is deceased and a legal 199
custodian has not been appointed for the child through a probate 200
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or guardianship proceeding, then an attorney for the department 201
or any other person who has knowledge of the facts alleged or is 202
informed of the alleged facts, and believes them to be true, may 203
initiate a proceeding by filing a petition for adjudication and 204
permanent commitment. 205
2. If a child has been placed in shelter status by order 206
of the court but has not yet been adjudicated, a petition for 207
adjudication and permanent commitment must be filed within 21 208
days after the shelter hearing. In all other cases, the petition 209
must be filed within a reasonable time after the date the 210
petitioner first becomes aware of the facts that support the 211
petition for adjudication and permanent commitment. 212
(b) If both parents die or the last known living parent 213
dies after a child has already been adjudicated dependent, an 214
attorney for the department or any other person who has 215
knowledge of the facts alleged or is informed of the alleged 216
facts, and believes them to be true , may file a petition for 217
permanent commitment. The petition must be filed within a 218
reasonable time after the petitioner first becomes aware of the 219
facts that support the petition for permanent commitment. 220
(2) The petition must be: 221
(a) In writing, iden tify the alleged deceased parents, and 222
provide facts that establish that both parents of the child are 223
deceased or the last known living parent is deceased and that a 224
legal custodian has not been appointed for the child through a 225
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probate or guardianship pr oceeding. 226
(b) Signed by the petitioner under oath stating the 227
petitioner's good faith in filing the petition. 228
(3) When a petition for adjudication and permanent 229
commitment or a petition for permanent commitment has been 230
filed, the clerk of court must s et the case before the court for 231
an adjudicatory hearing. The adjudicatory hearing must be held 232
as soon as practicable after the petition is filed, but no later 233
than 30 days after the filing date. 234
(4) Notice of the date, time, and place of the 235
adjudicatory hearing and a copy of the petition must be served 236
on the following persons: 237
(a) Any person who has physical custody of the child. 238
(b) A living relative of each parent of the child, unless 239
a living relative cannot be found after a diligent search or 240
inquiry. 241
(c) The guardian ad litem for the child or the 242
representative of the guardian ad litem program, if the program 243
has been appointed. 244
(5) The court shall conduct adjudicatory hearings without 245
a jury and apply the rules of evidence in use in civil cases, 246
adjourning the hearings as necessary. The court must determine 247
whether the petitioner has established by clear and convincing 248
evidence that both parents of the child are deceased, or that 249
the last known living parent is deceased and the other paren t 250
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cannot be found after a diligent search or inquiry, and that a 251
legal custodian has not been appointed for the child through a 252
probate or guardianship proceeding. A certified copy of the 253
death certificate for each parent is sufficient evidence of the 254
parents' deaths. 255
(6) Within 30 days after an adjudicatory hearing on a 256
petition for adjudication and permanent commitment: 257
(a) If the court finds that the petitioner has met the 258
clear and convincing standard, the court must enter a written 259
order adjudicating the child dependent and permanently 260
committing the child to the custody of the department for the 261
purpose of adoption. A disposition hearing must be scheduled no 262
later than 30 days after the entry of the order, in which the 263
department must provide a case plan that identifies the 264
permanency goal for the child to the court. Reasonable efforts 265
must be made to place the child in a timely manner in accordance 266
with the permanency plan and to complete all steps necessary to 267
finalize the permanent plac ement of the child. Thereafter, until 268
the adoption of the child is finalized or the child reaches the 269
age of 18 years, whichever occurs first, the court must hold 270
hearings every 6 months to review the progress being made toward 271
permanency for the child. 272
(b) If the court finds that clear and convincing evidence 273
does not establish that both parents of a child are deceased, or 274
that the last known living parent is deceased and the other 275
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parent cannot be found after a diligent search or inquiry, and 276
that a legal custodian has not been appointed for the child 277
through a probate or guardianship proceeding, but that a 278
preponderance of the evidence establishes that the child does 279
not have a parent or legal custodian capable of providing 280
supervision or care, the cour t must enter a written order 281
adjudicating the child dependent. A disposition hearing must be 282
scheduled no later than 30 days after the entry of the order as 283
provided in s. 39.521. 284
(c) If the court finds that the petitioner has not met the 285
clear and convincing standard and that a preponderance of the 286
evidence does not establish that the child does not have a 287
parent or legal custodian capable of providing supervision or 288
care, the court must enter a written order so finding and 289
dismiss the petition. 290
(7) Within 30 days after an adjudicatory hearing on a 291
petition for permanent commitment: 292
(a) If the court finds that the petitioner has met the 293
clear and convincing standard, the court must enter a written 294
order permanently committing the child to the custody of the 295
department for purposes of adoption. A disposition hearing must 296
be scheduled no later than 30 days after the entry of the order, 297
in which the department must provide an amended case plan that 298
identifies the permanency goal for the child to the court . 299
Reasonable efforts must be made to place the child in a timely 300
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manner in accordance with the permanency plan and to complete 301
all steps necessary to finalize the permanent placement of the 302
child. Thereafter, until the adoption of the child is finalized 303
or the child reaches the age of 18 years, whichever occurs 304
first, the court must hold hearings every 6 months to review the 305
progress being made toward permanency for the child. 306
(b) If the court finds that clear and convincing evidence 307
does not establish th at both parents of a child are deceased or 308
that the last known living parent is deceased and the other 309
parent cannot be found after a diligent search or inquiry, the 310
court must enter a written order denying the petition. The order 311
has no effect on the chil d's prior adjudication. The order does 312
not bar the petitioner from filing a subsequent petition for 313
permanent commitment based on newly discovered evidence that 314
establishes that both parents of a child are deceased, or that 315
the last known living parent is deceased, and that a legal 316
custodian has not been appointed for the child through a probate 317
or guardianship proceeding. 318
Section 5. Subsection (7) is added to section 39.522, 319
Florida Statutes, to read: 320
39.522 Postdisposition change of custody. — 321
(7) Notwithstanding any other provision of this section, a 322
child's case manager, an authorized agent of the department, or 323
a law enforcement officer may, at any time, remove a child from 324
a court-ordered placement and take the child into custody if the 325
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court-ordered caregiver of the child requests immediate removal 326
of the child from the home. Additionally, an authorized agent of 327
the department or a law enforcement officer may, at any time, 328
remove a child from a court -ordered placement and take the child 329
into custody if there is probable cause as required under s. 330
39.401(1)(b). 331
(a) If, at the time of the removal, the child was not 332
placed in licensed care in the department's custody, the 333
department must file a motion to modify placement within 1 334
business day after the child is taken into custody. The court 335
must then set a hearing within 24 hours after the motion is 336
filed unless all of the parties and the current caregiver agree 337
to the change of placement. At the hearing, the court must 338
determine if the departm ent has established probable cause to 339
support the immediate removal of the child from his or her 340
current placement. The court may base its determination on a 341
sworn petition or affidavit or on testimony and may hear all 342
relevant and material evidence, inclu ding oral or written 343
reports, to the extent of their probative value, even if such 344
evidence would not be competent evidence at an adjudicatory 345
hearing. 346
(b) If the court finds that the department did not 347
establish probable cause to support the removal of the child 348
from his or her current placement, the court must enter an order 349
that the child be returned to such placement. An order by the 350
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court to return the child to his or her current placement does 351
not preclude a party from filing a subsequent motion pur suant to 352
subsection (2). 353
(c) If the current caregiver admits that a change of 354
placement is needed or the department establishes probable cause 355
to support removal of the child, the court must enter an order 356
changing the placement of the child. The new pla cement for the 357
child must meet the home study criteria in this chapter if the 358
child is not placed in foster care. 359
(d) If the court finds probable cause and modifies the 360
child's placement, the court must conduct a hearing pursuant to 361
subsection (2) or sub section (3), unless such hearing is waived 362
by all parties and the caregiver. 363
Section 6. Paragraph (a) of subsection (1) of section 364
39.6221, Florida Statutes, is amended to read: 365
39.6221 Permanent guardianship of a dependent child. — 366
(1) If a court determines that reunification or adoption 367
is not in the best interest of the child, the court may place 368
the child in a permanent guardianship with a relative or other 369
adult approved by the court if all of the following conditions 370
are met: 371
(a) The child has been in the placement for not less than 372
the preceding 6 months , or the preceding 3 months if the 373
caregiver has been named as the successor guardian on the 374
child's guardianship assistance agreement . 375
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Section 7. Subsection (9) of section 39.6225, Florid a 376
Statutes, is amended to read: 377
39.6225 Guardianship Assistance Program. — 378
(9) Guardianship assistance payments may not shall only be 379
made for a young adult unless the young adult's whose permanent 380
guardian entered into a guardianship assistance agreeme nt after 381
the child attained 14 16 years of age but before the child 382
attained 18 years of age and if the child is: 383
(a) Completing secondary education or a program leading to 384
an equivalent credential; 385
(b) Enrolled in an institution that provides postseco ndary 386
or vocational education; 387
(c) Participating in a program or activity designed to 388
promote or eliminate barriers to employment; 389
(d) Employed for at least 80 hours per month; or 390
(e) Unable to participate in programs or activities listed 391
in paragraphs (a)-(d) full time due to a physical, intellectual, 392
emotional, or psychiatric condition that limits participation. 393
Any such barrier to participation must be supported by 394
documentation in the child's case file or school or medical 395
records of a physical, i ntellectual, emotional, or psychiatric 396
condition that impairs the child's ability to perform one or 397
more life activities. 398
Section 8. Paragraph (d) of subsection (3) of section 399
39.801, Florida Statutes, is redesignated as paragraph (e), and 400
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a new paragraph (d) is added to that subsection to read: 401
39.801 Procedures and jurisdiction; notice; service of 402
process.— 403
(3) Before the court may terminate parental rights, in 404
addition to the other requirements set forth in this part, the 405
following requirements m ust be met: 406
(d) Personal appearance of a person at the advisory 407
hearing as provided in s. 39.013(13) obviates the necessity of 408
serving process on that person and the court may proceed with 409
the advisory hearing and any subsequently noticed hearing. 410
Section 9. Subsections (4), (5), and (6) of section 411
39.812, Florida Statutes, are amended to read: 412
39.812 Postdisposition relief; petition for adoption. — 413
(4) The court shall retain jurisdiction over any child 414
placed in the custody of the department until the child is 415
adopted. After custody of a child for subsequent adoption has 416
been given to the department, the court has jurisdiction for the 417
purpose of reviewing the status of the child and the progress 418
being made toward permanent adoptive placement. As pa rt of this 419
continuing jurisdiction, for good cause shown by the guardian ad 420
litem for the child, the court may: 421
(a) Review the appropriateness of the adoptive placement 422
of the child if good cause is shown by the guardian ad litem for 423
the child. 424
(b) Review the department's denial of an application to 425
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adopt a child. The department's decision to deny an application 426
to adopt a child is only reviewable under this section and is 427
not subject to chapter 120. 428
1. If the department denies an application to adopt a 429
child, the department must file written notification of the 430
denial with the court and provide copies to all parties within 431
10 business days after the department's decision. 432
2. A denied applicant may file a motion to have the court 433
review the departmen t's denial within 30 business days after the 434
issuance of the department's written notification of its 435
decision to deny the application to adopt a child. The motion to 436
review must allege that the department unreasonably denied the 437
application to adopt and r equest that the court allow the denied 438
applicant to file a petition to adopt the child under chapter 63 439
without the department's consent. 440
3. A denied applicant only has standing under this chapter 441
to file a motion to review the department's denial and to 442
present evidence in support of such motion. Such standing is 443
terminated upon the entry of the court's order. 444
4. The court shall hold a hearing within 30 business days 445
after the denied applicant files the motion to review. The court 446
may only consider whe ther the department's denial of the 447
application is consistent with its policies and if the 448
department made such decision in an expeditious manner. The 449
standard of review is whether the department's denial of the 450
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application is an abuse of discretion. 451
5. If the department selected a different applicant to 452
adopt the child, the selected applicant may participate in the 453
hearing as a participant, as defined in s. 39.01, and may be 454
granted leave by the court to be heard without the need to file 455
a motion to intervene. 456
6. Within 15 business days after the conclusion of the 457
hearing, the court must enter a written order denying the motion 458
to review or finding that the department unreasonably denied the 459
application to adopt and authorizing the denied applicant to 460
file a petition to adopt the child under chapter 63 without the 461
department's consent. 462
(5) When a licensed foster parent or court -ordered 463
custodian has applied to adopt a child who has resided with the 464
foster parent or custodian for at least 6 months and w ho has 465
previously been permanently committed to the legal custody of 466
the department and the department does not grant the application 467
to adopt, the department may not, in the absence of a prior 468
court order authorizing it to do so, remove the child from the 469
foster home or custodian, except when: 470
(a) There is probable cause to believe that the child is 471
at imminent risk of abuse or neglect; 472
(b) Thirty business days have expired following written 473
notice to the foster parent or custodian of the denial of the 474
application to adopt, within which period no formal challenge of 475
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the department's decision has been filed; 476
(c) A motion to review the department's denial of an 477
application to adopt a child under paragraph (4)(b) has been 478
denied; or 479
(d)(c) The foster parent or custodian agrees to the 480
child's removal. 481
(6)(5) The petition for adoption must be filed in the 482
division of the circuit court which entered the judgment 483
terminating parental rights, unless a motion for change of venue 484
is granted pursuant to s. 4 7.122. A copy of the consent to 485
adoption executed by the department must be attached to the 486
petition, unless such consent is waived under pursuant to s. 487
63.062(7). The petition must be accompanied by a statement, 488
signed by the prospective adoptive parents, acknowledging 489
receipt of all information required to be disclosed under s. 490
63.085 and a form provided by the department which details the 491
social and medical history of the child and each parent and 492
includes the social security number and date of birth for each 493
parent, if such information is available or readily obtainable. 494
The prospective adoptive parents may not file a petition for 495
adoption until the judgment terminating parental rights becomes 496
final. An adoption proceeding under this subsection is govern ed 497
by chapter 63. 498
(7)(a)(6)(a) Once a child's adoption is finalized, the 499
department or its contracted child -placing agency community-500
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based care lead agency must make a reasonable effort to contact 501
the adoptive family by telephone 1 year after the date of 502
finalization of the adoption as a postadoption service. For 503
purposes of this subsection, the term "reasonable effort" means 504
the exercise of reasonable dilig ence and care by the department 505
or its contracted child -placing agency community-based care lead 506
agency to make contact with the adoptive family. At a minimum, 507
the department or its contracted child -placing agency must 508
document all of the following: 509
1. The number of attempts made by the department or its 510
contracted child-placing agency community-based care lead agency 511
to contact the adoptive family and whether those attempts were 512
successful.; 513
2. The types of postadoption services that were requested 514
by the adoptive family and whether those services were provided 515
by the department or its contracted child -placing agency. 516
community-based care lead agency; and 517
3. Any feedback received by the department or its 518
contracted child-placing agency community-based care lead agency 519
from the adoptive family relating to the quality or 520
effectiveness of the services provided. 521
(b) The contracted child-placing agency community-based 522
care lead agency must report annually to the department on the 523
outcomes achieved and rec ommendations for improvement under this 524
subsection. 525
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Section 10. Subsections (6) and (7) of section 63.032, 526
Florida Statutes, are renumbered as subsections (7) and (6), 527
respectively, and present subsection (6) of that section is 528
amended to read: 529
63.032 Definitions.—As used in this chapter, the term: 530
(7)(6) "Child-placing agency" means an any child-placing 531
agency licensed by the department pursuant to s. 63.202 to place 532
minors for adoption. 533
Section 11. Subsection (7) of section 63.062, Florida 534
Statutes, is amended to read: 535
63.062 Persons required to consent to adoption; affidavit 536
of nonpaternity; waiver of venue. — 537
(7) If parental rights to the minor have previously been 538
terminated, the adoption entity with which the minor has been 539
placed for subsequent adoption may provide consent to the 540
adoption. In such case, no other consent is required. If the 541
minor has been permanently committed to the department for 542
subsequent adoption, the department must consent to the adoption 543
or the court order finding that the department unreasonably 544
denied the application to adopt entered under s. 39.812(4) must 545
be attached to the petition to adopt, and The consent of the 546
department shall be waived upon a determination by the court 547
that such consent is being unreasona bly withheld and if the 548
petitioner must file has filed with the court a favorable 549
preliminary adoptive home study as required under s. 63.092. 550
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Section 12. Section 63.093, Florida Statutes, is amended 551
to read: 552
63.093 Adoption of children from the chil d welfare 553
system.— 554
(1) Beginning July 1, 2025, the department shall contract 555
with one or more child -placing agencies to provide adoptive 556
services to prospective adoptive parents, complete the adoption 557
processes for children permanently committed to the d epartment, 558
and support adoptive families. The department may allow a 559
contracted child-placing agency to subcontract with other 560
entities to provide the duties required in this section. 561
(2)(1) The department, through its contracted child -562
placing agency or community-based care lead agency as defined in 563
s. 409.986(3), or its subcontracted agency , must respond to an 564
initial inquiry from a prospective adoptive parent within 7 565
business days after receipt of the inquiry. The response must 566
inform the prospective a doptive parent of the adoption process 567
and the requirements for adopting a child from the child welfare 568
system. 569
(3)(2) The department, through its contracted child -570
placing agency or community-based care lead agency, or its 571
subcontracted agency , must refer a prospective adoptive parent 572
who is interested in adopting a child in the custody of the 573
department to a department -approved adoptive parent training 574
program. A prospective adoptive parent must successfully 575
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complete the training program, unless the pros pective adoptive 576
parent is a licensed foster parent or a relative or nonrelative 577
caregiver who has: 578
(a) Attended the training program within the last 5 years; 579
or 580
(b) Had the child who is available for adoption placed in 581
their home for 6 months or longe r and has been determined to 582
understand the challenges and parenting skills needed to 583
successfully parent the child who is available for adoption. 584
(4)(3) A prospective adoptive parent must complete an 585
adoption application created by the department. 586
(5)(4) Before a child is placed in an adoptive home, the 587
department, through its contracted child -placing agency, 588
community-based care lead agency or its subcontracted agency 589
must complete an adoptive home study of a prospective adoptive 590
parent that includes observation, screening, and evaluation of 591
the child and the prospective adoptive parent. An adoptive home 592
study must be updated every is valid for 12 months after the 593
date on which the first study was approved. If the child was 594
placed before the termination of parental rights, the updated 595
placement or licensing home study may serve as the adoption home 596
study. In addition, the department, through is contracted child -597
placing agency, community-based care lead agency or its 598
subcontracted agency must complete a preparation process, as 599
established by department rule, with the prospective adoptive 600
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parent. 601
(6)(5) At the conclusion of the adoptive home study and 602
preparation process, a decision must shall be made about the 603
prospective adoptive parent's app ropriateness to adopt. This 604
decision must shall be reflected in the final recommendation 605
included in the adoptive home study. If the recommendation is 606
for approval, the adoptive parent application file must be 607
submitted to the department, through its contr acted child-608
placing agency, community-based care lead agency or its 609
subcontracted agency for approval. The contracted child-placing 610
agency community-based care lead agency or its subcontracted 611
agency must approve or deny the home study within 14 business 612
days after receipt of the recommendation. 613
(7) The department shall adopt rules to eliminate 614
duplicative practices and delays in the adoption home study 615
process for a member of a uniformed service on active duty 616
seeking to adopt in the state, including, but not limited to, 617
providing a credit for adoption classes that have been taken in 618
another state which substantially cover the preservice training 619
required under s. 409.175(14)(b). 620
(8) By November 15 of each year, the department shall 621
submit an annual report to the Governor, the President of the 622
Senate, and the Speaker of the House of Representatives on the 623
status of adoptions within the state. 624
625
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Notwithstanding subsections (2) and (3) (1) and (2), this 626
section does not apply to a child adopted through th e process 627
provided in s. 63.082(6). 628
Section 13. Subsection (6) of section 63.097, Florida 629
Statutes, is renumbered as subsection (7), paragraphs (a) and 630
(c) of subsection (3) are amended, and a new subsection (6) is 631
added to that section, to read: 632
63.097 Fees.— 633
(3) Approval of the court is not required until the total 634
of amounts permitted under subsection (2) exceeds: 635
(a) $2,500 $5,000 in legal or other fees; 636
(c) $2,500 $5,000 in reasonable and necessary living and 637
medical expenses. 638
(6) Excluding reasonable medically necessary expenses, the 639
court may not approve the fees per child specified in this 640
section if the fees exceed the total amount of the federal 641
adoption tax credit for the current tax year. 642
Section 14. Paragraph (a) of subsection (2) and paragraph 643
(a) of subsection (3) of section 409.1451, Florida Statutes, are 644
amended to read: 645
409.1451 The Road-to-Independence Program. — 646
(2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT. — 647
(a) A young adult is eligible for services and support 648
under this subsection if he or she: 649
1. Was living in licensed care on his or her 18th birthday 650
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or is currently living in licensed care; or was at least 14 16 651
years of age and was adopted from foster care or placed with a 652
court-approved dependency guardia n after spending at least 6 653
months in licensed care within the 12 months immediately 654
preceding such placement or adoption; 655
2. Spent at least 6 months in licensed care before 656
reaching his or her 18th birthday; 657
3. Earned a standard high school diploma pu rsuant to s. 658
1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent 659
pursuant to s. 1003.435; 660
4. Has been admitted for enrollment as a full -time student 661
or its equivalent in an eligible postsecondary educational 662
institution as provided in s. 1009. 533. For purposes of this 663
section, the term "full -time" means 9 credit hours or the 664
vocational school equivalent. A student may enroll part -time if 665
he or she has a recognized disability or is faced with another 666
challenge or circumstance that would prevent full-time 667
attendance. A student needing to enroll part -time for any reason 668
other than having a recognized disability must get approval from 669
his or her academic advisor; 670
5. Has reached 18 years of age but is not yet 23 years of 671
age; 672
6. Has applied, with assistance from the young adult's 673
caregiver and the community -based lead agency, for any other 674
grants and scholarships for which he or she may qualify; 675
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7. Submitted a Free Application for Federal Student Aid 676
which is complete and error free; and 677
8. Signed an agreement to allow the department and the 678
community-based care lead agency access to school records. 679
(3) AFTERCARE SERVICES. — 680
(a)1. Aftercare services are available to a young adult 681
who has reached 18 years of age but is not yet 23 years of age 682
and is: 683
a. Not in foster care. 684
b. Temporarily not receiving financial assistance under 685
subsection (2) to pursue postsecondary education. 686
c. Eligible for the Extended Guardianship Assistance 687
Program under s. 39.6225(9) or the extended adoption assist ance 688
program under s. 409.166(4), but is not participating in either 689
program. 690
2. Subject to available funding, aftercare services as 691
specified in subparagraph (b)8. are also available to a young 692
adult who is between the ages of 18 and 22, is receiving 693
financial assistance under subsection (2), is experiencing an 694
emergency situation, and whose resources are insufficient to 695
meet the emergency situation. Such assistance shall be in 696
addition to any amount specified in paragraph (2)(b). 697
Section 15. Paragra ph (d) of subsection (4) of section 698
409.166, Florida Statutes, is amended to read: 699
409.166 Children within the child welfare system; adoption 700
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assistance program.— 701
(4) ADOPTION ASSISTANCE. — 702
(d) Effective January 1, 2019, adoption assistance 703
payments may be made for a child whose adoptive parent entered 704
into an initial adoption assistance agreement after the child 705
reached 14 16 years of age but before the child reached 18 years 706
of age. Such payments may be made until the child reaches age 21 707
if the child is: 708
1. Completing secondary education or a program leading to 709
an equivalent credential; 710
2. Enrolled in an institution that provides postsecondary 711
or vocational education; 712
3. Participating in a program or activity designed to 713
promote or eliminate barriers to employment; 714
4. Employed for at least 80 hours per month; or 715
5. Unable to participate in programs or activities listed 716
in subparagraphs 1.-4. full time due to a physical, an 717
intellectual, an emotional, or a psychiatric condition that 718
limits participation. Any such barrier to participation must be 719
supported by documentation in the child's case file or school or 720
medical records of a physical, an intellectual, an emotional, or 721
a psychiatric condition that impairs the child's ability to 722
perform one or more life activities. 723
Section 16. Section 409.1662, Florida Statutes, is 724
repealed. 725
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Section 17. Section 409.1664, Florida Statutes, is amended 726
to read: 727
409.1664 Adoption benefits fo r qualifying adoptive 728
employees of state agencies, veterans, servicemembers, and law 729
enforcement officers , health care practitioners, and tax 730
collector employees.— 731
(1) As used in this section, the term: 732
(a) "Child within the child welfare system" has t he same 733
meaning as provided in s. 409.166(2). 734
(b) "Health care practitioner" means a person listed in s. 735
456.001(4) who holds an active license from the Department of 736
Health and whose gross income does not exceed $150,000 per year. 737
(c)(b) "Law enforcement officer" has the same meaning as 738
provided in s. 943.10(1). 739
(d)(c) "Qualifying adoptive employee" means a full -time or 740
part-time employee of a state agency, a charter school 741
established under s. 1002.33, or the Florida Virtual School 742
established under s. 1002.37, who is not an independent 743
contractor and who adopts a child within the child welfare 744
system pursuant to chapter 63 on or after July 1, 2015. The term 745
includes instructional personnel, as defined in s. 1012.01, who 746
are employed by the Florida S chool for the Deaf and the Blind, 747
and includes other-personal-services employees who have been 748
continuously employed full time or part time by a state agency 749
for at least 1 year. 750
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(e)(d) "Servicemember" has the same meaning as in s. 751
250.01(19). 752
(f)(e) "State agency" means a branch, department, or 753
agency of state government for which the Chief Financial Officer 754
processes payroll requisitions, a state university or Florida 755
College System institution as defined in s. 1000.21, a school 756
district unit as defin ed in s. 1001.30, or a water management 757
district as defined in s. 373.019. 758
(g) "Tax collector employee" means an employee of an 759
office of county tax collector in the state. 760
(h)(f) "Veteran" has the same meaning as in s. 1.01(14). 761
(2) A qualifying ado ptive employee, veteran, law 762
enforcement officer, health care practitioner, tax collector 763
employee, or servicemember who adopts a child within the child 764
welfare system who is difficult to place as described in s. 765
409.166(2)(d)2. is eligible to receive a lu mp-sum monetary 766
benefit in the amount of $25,000 $10,000 per such child, subject 767
to applicable taxes. A law enforcement officer who adopts a 768
child within the child welfare system who is difficult to place 769
as described in s. 409.166(2)(d)2. is eligible to receive a 770
lump-sum monetary benefit in the amount of $25,000 per such 771
child, subject to applicable taxes. A qualifying adoptive 772
employee, veteran, law enforcement officer, health care 773
practitioner, tax collector employee, or servicemember who 774
adopts a child within the child welfare system who is not 775
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difficult to place as described in s. 409.166(2)(d)2. is 776
eligible to receive a lump -sum monetary benefit in the amount of 777
$10,000 $5,000 per such child, subject to applicable taxes. A 778
law enforcement officer who adopts a child within the child 779
welfare system who is not difficult to place as described in s. 780
409.166(2)(d)2. is eligible to receive a lump -sum monetary 781
benefit in the amount of $10,000 per each such child, subject to 782
applicable taxes. A qualifying adoptive employee of a charter 783
school or the Florida Virtual School may retroactively apply for 784
the monetary benefit provided in this subsection if such 785
employee was employed by a charter school or the Florida Virtual 786
School when he or she adopted a child with in the child welfare 787
system pursuant to chapter 63 on or after July 1, 2015. A 788
veteran or servicemember may apply for the monetary benefit 789
provided in this subsection if he or she is domiciled in this 790
state and adopts a child within the child welfare syste m 791
pursuant to chapter 63 on or after July 1, 2020. A law 792
enforcement officer may apply for the monetary benefit provided 793
in this subsection if he or she is domiciled in this state and 794
adopts a child within the child welfare system pursuant to 795
chapter 63 on or after July 1, 2022. A health care practitioner 796
and tax collector employee may apply for the monetary benefit 797
provided in this subsection if he or she is domiciled in this 798
state and adopts a child within the child welfare system 799
pursuant to chapter 63 o n or after July 1, 2024. 800
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(a) Benefits paid to a qualifying adoptive employee who is 801
a part-time employee must be prorated based on the qualifying 802
adoptive employee's full -time equivalency at the time of 803
applying for the benefits. 804
(b) Monetary benefits awarded under this subsection are 805
limited to one award per adopted child within the child welfare 806
system. 807
(c) The payment of a lump -sum monetary benefit for 808
adopting a child within the child welfare system under this 809
section is subject to a specific appr opriation to the department 810
for such purpose. 811
(3) A qualifying adoptive employee must apply to his or 812
her agency head, or to his or her school director in the case of 813
a qualifying adoptive employee of a charter school or the 814
Florida Virtual School, to ob tain the monetary benefit provided 815
in subsection (2). A veteran , or servicemember, or tax collector 816
employee must apply to the department to obtain the benefit. A 817
law enforcement officer must apply to the Department of Law 818
Enforcement to obtain the benefit . A health care practitioner 819
must apply to the Department of Health to obtain the benefit. 820
Applications must be on forms approved by the department and 821
must include a certified copy of the final order of adoption 822
naming the applicant as the adoptive parent . Monetary benefits 823
shall be approved on a first -come, first-served basis based upon 824
the date that each fully completed application is received by 825
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the department. 826
(4) This section does not preclude a qualifying adoptive 827
employee, veteran, servicemember, health care practitioner, tax 828
collector employee, or law enforcement officer from receiving 829
adoption assistance for which he or she may qualify under s. 830
409.166 or any other statute that provides financial incentives 831
for the adoption of children. 832
(5) Parental leave for a qualifying adoptive employee must 833
be provided in accordance with the personnel policies and 834
procedures of his or her employer. 835
(6) The department may adopt rules to administer this 836
section. The rules may provide for an application proce ss such 837
as, but not limited to, an open enrollment period during which 838
qualifying adoptive employees, veterans, servicemembers, health 839
care practitioners, tax collector employees, or law enforcement 840
officers may apply for monetary benefits under this secti on. 841
(7) The Chief Financial Officer shall disburse a monetary 842
benefit to a qualifying adoptive employee upon the department's 843
submission of a payroll requisition. The Chief Financial Officer 844
shall transfer funds from the department to a state university, 845
a Florida College System institution, a school district unit, a 846
charter school, the Florida Virtual School, or a water 847
management district, as appropriate, to enable payment to the 848
qualifying adoptive employee through the payroll systems as long 849
as funds are available for such purpose. 850
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(8) To receive an approved monetary benefit under this 851
section, a veteran or servicemember must be registered as a 852
vendor with the state. 853
(9) Each state agency shall develop a uniform procedure 854
for informing employees about this benefit and for assisting the 855
department in making eligibility determinations and processing 856
applications. Any procedure adopted by a state agency is valid 857
and enforceable if the procedure does not conflict with the 858
express terms of this section . 859
Section 18. Subsections (1) through (4) of section 860
409.167, Florida Statutes, are amended to read: 861
409.167 Statewide adoption exchange; establishment; 862
responsibilities; registration requirements; rules. — 863
(1) The Department of Children and Familie s shall 864
establish, either directly or through purchase, a statewide 865
adoption exchange, with a photo listing component, which serves 866
shall serve all authorized licensed child -placing agencies in 867
the state as a means of recruiting adoptive families for 868
children who have been legally freed for adoption and who have 869
been permanently placed with the department or a licensed child -870
placing agency. The statewide adoption exchange must shall 871
provide, in accordance with rules adopted by the department, 872
descriptions and photographs of such children, as well as any 873
other information deemed useful in the recruitment of adoptive 874
families for each child. The photo listing component of the 875
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statewide adoption exchange must be updated monthly and may not 876
be accessible to the public, except to persons who have 877
completed or are in the process of completing an adoption home 878
study. 879
(2)(a) Each district of the department shall refer each 880
child in its care who has been legally freed for adoption to the 881
statewide adoption exchange no later than 30 days after the date 882
of acceptance by the department for permanent placement. The 883
referral must be accompanied by a photograph and description of 884
the child. 885
(b) The department shall establish criteria by which a 886
district may determine tha t a child need not be registered with 887
the statewide adoption exchange. Within 30 days after the date 888
of acceptance by the department for permanent placement, the 889
name of the child accepted for permanent placement must be 890
forwarded to the statewide adoption exchange by the district 891
together with reference to the specific reason why the child 892
should not be placed on the statewide adoption exchange. If the 893
child has not been placed for adoption within 3 months after the 894
date of acceptance by the department for permanent placement, 895
the district must shall provide the statewide adoption exchange 896
with the necessary photograph and information for registration 897
of the child with the statewide adoption exchange and the child 898
must shall be placed on the statewide adoption exchange. The 899
department shall establish procedures for monitoring the status 900
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of children who are not placed on the statewide adoption 901
exchange within 30 days after the date of acceptance by the 902
department for permanent placement. 903
(3) In accordance w ith rules established by the 904
department, the statewide adoption exchange may accept, from 905
licensed child-placing agencies, information pertaining to 906
children meeting the criteria of this section, and to 907
prospective adoptive families, for registration with the 908
statewide adoption exchange. 909
(4) For purposes of facilitating family -matching between 910
children and prospective adoptive parents, the statewide 911
adoption exchange must shall provide the photo listing component 912
service to all licensed child -placing agencies and, in 913
accordance with rules adopted established by the department, to 914
all appropriate citizen groups and other organizations and 915
associations interested in children's services. The photo 916
listing component of the statewide adoption exchange may not b e 917
accessible to the public, except to persons who have completed 918
or are in the process of completing an adoption home study. 919
Section 19. Effective July 1, 2025, paragraph (a) of 920
subsection (1) of section 409.988, Florida Statutes, is amended 921
to read: 922
409.988 Community-based care lead agency duties; general 923
provisions.— 924
(1) DUTIES.—A lead agency: 925
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(a)1. Shall serve: 926
a. all children referred as a result of a report of abuse, 927
neglect, or abandonment to the department's central abuse 928
hotline, including, but not limited to, children who are the 929
subject of verified reports and children who are not the subject 930
of verified reports but who are at moderate to extremely high 931
risk of abuse, neglect, or abandonment, as determined using the 932
department's risk as sessment instrument, regardless of the level 933
of funding allocated to the lead agency by the state if all 934
related funding is transferred. 935
b. Children who were adopted from the child welfare system 936
and whose families require postadoption supports. 937
2. May also serve children who have not been the subject 938
of reports of abuse, neglect, or abandonment, but who are at 939
risk of abuse, neglect, or abandonment, to prevent their entry 940
into the child protection and child welfare system. 941
Section 20. Except as oth erwise expressly provided in this 942
act, this act shall take effect July 1, 2024. 943