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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 visitors to 8
a home in which a child is placed; requiring the 9
department to conduct a name -based check of criminal 10
history records of certain persons in specified 11
circumstances; requiring certain persons to submit 12
their fingerprints to the department or other 13
specified entities; requiring the department or such 14
entities to submit such fingerprints to the Department 15
of Law Enforcement for state processing within a 16
specified timeframe; requiring the Department of Law 17
Enforcement to forward such fingerprints to the 18
Federal Bureau of Investigation within a specified 19
timeframe; requiring a child to be immediately removed 20
from a home if certain persons fail to provide the ir 21
fingerprints and are not exempt from a criminal 22
history records check; creating s. 39.5035, F.S.; 23
providing procedures and requirements relating to 24
deceased parents of a dependent child; amending s. 25
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39.522, F.S.; authorizing certain persons to remove a 26
child from a court-ordered placement under certain 27
circumstances; requiring the Department of Children 28
and Families to file a specified motion, and the court 29
to set a hearing, within specified timeframes under 30
certain circumstances; requiring a certain 31
determination by the court to support immediate 32
removal of a child; authorizing the court to base its 33
determination on certain evidence; requiring the court 34
to enter certain orders and conduct certain hearings 35
under certain circumstances; amending s. 39.6221, 36
F.S.; revising a requisite condition for placing a 37
child in a permanent guardianship; amending s. 38
39.6225, F.S.; revising eligibility for payments under 39
the Guardianship Assistance Program; amending s. 40
39.801, F.S.; providing that service of process is no t 41
necessary under certain circumstances; amending s. 42
39.812, F.S.; authorizing the court to review the 43
Department of Children and Families' denial of an 44
application to adopt a child; requiring the department 45
to file written notification of its denial with the 46
court and provide copies to certain persons within a 47
specified timeframe; authorizing a denied applicant to 48
file a motion to review such denial within a specified 49
timeframe; requiring the court to hold a hearing 50
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within a specified timeframe; providing standing to 51
certain persons; authorizing certain persons to 52
participate in the hearing under certain 53
circumstances; requiring the court to enter an order 54
within a specified timeframe; providing an exception 55
to authorize the department to remove a child fro m his 56
or her foster home or custodian; amending s. 63.062, 57
F.S.; conforming provisions to changes made by the 58
act; amending s. 63.093, F.S.; requiring an adoptive 59
home study to be updated every 12 months after the 60
date on which the first study was approved ; requiring 61
the department to adopt certain rules; amending s. 62
409.1451, F.S.; revising the age requirements for 63
receiving postsecondary education services and 64
support; revising the requirements for receiving 65
aftercare services; amending s. 409.166, F.S.; 66
revising the age requirements for receiving adoption 67
assistance; amending s. 409.167, F.S.; providing 68
requirements for the statewide adoption exchange and 69
its photo listing component and description of 70
children placed on such exchange; authorizing only 71
certain persons to access the statewide adoption 72
exchange; authorizing certain children to make certain 73
requests and requiring them to be consulted on certain 74
decisions; conforming provisions to changes made by 75
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the act; providing an effective date. 76
77
Be It Enacted by the Legislature of the State of Florida: 78
79
Section 1. Subsection (88) is added to section 39.01, 80
Florida Statutes, to read: 81
39.01 Definitions.—When used in this chapter, unless the 82
context otherwise requires: 83
(88) "Visitor" means a perso n who: 84
(a) Provides care or supervision to a child in the home; 85
or 86
(b) Is 12 years of age or older, other than a child in 87
care, and who will be in the child's home at least: 88
1. Five consecutive days; or 89
2. Seven days or more in 1 month. 90
Section 2. Subsections (1) and (5) of section 39.0138, 91
Florida Statutes, are amended to read: 92
39.0138 Criminal history and other records checks; limit 93
on placement of a child. — 94
(1) The department shall conduct a records check through 95
the Comprehensive State Automated Child Welfare Information 96
System (SACWIS) and a local and statewide criminal history 97
records check on all persons, including parents, being 98
considered by the department for placement of a child under this 99
chapter, including all nonrelative placeme nt decisions, and all 100
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members of the household, 12 years of age and older, of the 101
person being considered. For purposes of this section, a 102
criminal history records check may include, but is not limited 103
to, submission of fingerprints to the Department of La w 104
Enforcement for processing and forwarding to the Federal Bureau 105
of Investigation for state and national criminal history 106
information, and local criminal records checks through local law 107
enforcement agencies of all household members 18 years of age 108
and older and other visitors 18 years of age and older to the 109
home. An out-of-state criminal history records check must be 110
initiated for any person 18 years of age or older who resided in 111
another state if that state allows the release of such records. 112
The department must complete the records check within 14 113
business days after receiving a person's criminal history 114
results, unless additional information is required to complete 115
the processing. The department shall establish by rule standards 116
for evaluating any info rmation contained in the automated system 117
relating to a person who must be screened for purposes of making 118
a placement decision. 119
(5)(a) If a child has been sheltered pursuant to s. 39.402 120
and must be placed in out -of-home care due to an emergency, the 121
department must conduct a name -based check of criminal history 122
records to ascertain if the person with whom placement of the 123
child is being considered and any other adult household members 124
of such person are disqualified. 125
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(b) The department may place a chi ld in the a home if the 126
person with whom placement of the child is being considered and 127
any other adult household members or visitors of the home are 128
not disqualified by the name -based check, but, unless exempt, 129
such persons must submit a full set of finge rprints to the 130
department or to a vendor, an entity, or an agency authorized 131
under s. 943.053(13). Unless exempt, within 7 calendar days 132
after the name-based check, the department, vendor, entity, or 133
agency must submit the fingerprints to the Department of Law 134
Enforcement for state processing. Within 15 calendar days after 135
the name-based check was conducted, the Department of Law 136
Enforcement must forward the fingerprints to the Federal Bureau 137
of Investigation for national processing that otherwise meets 138
placement requirements if a name check of state and local 139
criminal history records systems does not disqualify the 140
applicant and if the department submits fingerprints to the 141
Department of Law Enforcement for forwarding to the Federal 142
Bureau of Investigation and is awaiting the results of the state 143
and national criminal history records check . 144
(c) The department shall seek a court order to immediately 145
remove the child from the home if the person with whom the child 146
was placed or any other adult household memb ers or visitors of 147
the home fail to provide their fingerprints within 15 calendar 148
days after the name-based check is conducted and such persons 149
are not exempt from a criminal history records check. 150
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Section 3. Section 39.5035, Florida Statutes, is created 151
to read: 152
39.5035 Deceased parents; special procedures. — 153
(1)(a)1. If both parents of a child are deceased or the 154
last known living parent of a child is deceased and a legal 155
custodian has not been appointed for the child through a probate 156
or guardianship proceeding, then an attorney for the department 157
or any other person who has knowledge of the facts alleged or is 158
informed of the alleged facts, and believes them to be true, may 159
initiate a proceeding by filing a petition for adjudication and 160
permanent commitment. 161
2. If a child has been placed in shelter status by order 162
of the court but has not yet been adjudicated, a petition for 163
adjudication and permanent commitment must be filed within 21 164
days after the shelter hearing. In all other cases, the petition 165
must be filed within a reasonable time after the date the 166
petitioner first becomes aware of the facts that support the 167
petition for adjudication and permanent commitment. 168
(b) If both parents die or the last known living parent 169
dies after a child has already been adjudicated dependent, an 170
attorney for the department or any other person who has 171
knowledge of the facts alleged or is informed of the alleged 172
facts, and believes them to be true, may file a petition for 173
permanent commitment. The petition must be filed within a 174
reasonable time after the petitioner first becomes aware of the 175
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facts that support the petition for permanent commitment. 176
(2) The petition must be: 177
(a) In writing, identify the alleged deceased parents, and 178
provide facts that es tablish that both parents of the child are 179
deceased or the last known living parent is deceased and that a 180
legal custodian has not been appointed for the child through a 181
probate or guardianship proceeding. 182
(b) Signed by the petitioner under oath stating the 183
petitioner's good faith in filing the petition. 184
(3) When a petition for adjudication and permanent 185
commitment or a petition for permanent commitment has been 186
filed, the clerk of court must set the case before the court for 187
an adjudicatory hearing. Th e adjudicatory hearing must be held 188
as soon as practicable after the petition is filed, but no later 189
than 30 days after the filing date. 190
(4) Notice of the date, time, and place of the 191
adjudicatory hearing and a copy of the petition must be served 192
on the following persons: 193
(a) Any person who has physical custody of the child. 194
(b) A living relative of each parent of the child, unless 195
a living relative cannot be found after a diligent search or 196
inquiry. 197
(c) The guardian ad litem for the child or the 198
representative of the guardian ad litem program, if the program 199
has been appointed. 200
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(5) The court shall conduct adjudicatory hearings without 201
a jury and apply the rules of evidence in use in civil cases, 202
adjourning the hearings as necessary. The court must determine 203
whether the petitioner has established by clear and convincing 204
evidence that both parents of the child are deceased, or that 205
the last known living parent is deceased and the other parent 206
cannot be found after a diligent search or inquiry, and th at a 207
legal custodian has not been appointed for the child through a 208
probate or guardianship proceeding. A certified copy of the 209
death certificate for each parent is sufficient evidence of the 210
parents' deaths. 211
(6) Within 30 days after an adjudicatory hear ing on a 212
petition for adjudication and permanent commitment: 213
(a) If the court finds that the petitioner has met the 214
clear and convincing standard, the court must enter a written 215
order adjudicating the child dependent and permanently 216
committing the child to the custody of the department for the 217
purpose of adoption. A disposition hearing must be scheduled no 218
later than 30 days after the entry of the order, in which the 219
department must provide a case plan that identifies the 220
permanency goal for the child to the court. Reasonable efforts 221
must be made to place the child in a timely manner in accordance 222
with the permanency plan and to complete all steps necessary to 223
finalize the permanent placement of the child. Thereafter, until 224
the adoption of the child is fin alized or the child reaches the 225
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age of 18 years, whichever occurs first, the court must hold 226
hearings every 6 months to review the progress being made toward 227
permanency for the child. 228
(b) If the court finds that clear and convincing evidence 229
does not establish that both parents of a child are deceased, or 230
that the last known living parent is deceased and the other 231
parent cannot be found after a diligent search or inquiry, and 232
that a legal custodian has not been appointed for the child 233
through a probate or guardianship proceeding, but that a 234
preponderance of the evidence establishes that the child does 235
not have a parent or legal custodian capable of providing 236
supervision or care, the court must enter a written order 237
adjudicating the child dependent. A dispo sition hearing must be 238
scheduled no later than 30 days after the entry of the order as 239
provided in s. 39.521. 240
(c) If the court finds that the petitioner has not met the 241
clear and convincing standard and that a preponderance of the 242
evidence does not estab lish that the child does not have a 243
parent or legal custodian capable of providing supervision or 244
care, the court must enter a written order so finding and 245
dismiss the petition. 246
(7) Within 30 days after an adjudicatory hearing on a 247
petition for permanent commitment: 248
(a) If the court finds that the petitioner has met the 249
clear and convincing standard, the court must enter a written 250
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order permanently committing the child to the custody of the 251
department for purposes of adoption. A disposition hearing must 252
be scheduled no later than 30 days after the entry of the order, 253
in which the department must provide an amended case plan that 254
identifies the permanency goal for the child to the court. 255
Reasonable efforts must be made to place the child in a timely 256
manner in accordance with the permanency plan and to complete 257
all steps necessary to finalize the permanent placement of the 258
child. Thereafter, until the adoption of the child is finalized 259
or the child reaches the age of 18 years, whichever occurs 260
first, the court must hold hearings every 6 months to review the 261
progress being made toward permanency for the child. 262
(b) If the court finds that clear and convincing evidence 263
does not establish that both parents of a child are deceased or 264
that the last known living parent is deceased and the other 265
parent cannot be found after a diligent search or inquiry, the 266
court must enter a written order denying the petition. The order 267
has no effect on the child's prior adjudication. The order does 268
not bar the petitioner from fil ing a subsequent petition for 269
permanent commitment based on newly discovered evidence that 270
establishes that both parents of a child are deceased, or that 271
the last known living parent is deceased, and that a legal 272
custodian has not been appointed for the ch ild through a probate 273
or guardianship proceeding. 274
Section 4. Subsection (7) is added to section 39.522, 275
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Florida Statutes, to read: 276
39.522 Postdisposition change of custody. — 277
(7) Notwithstanding any other provision of this section, a 278
child's case manager, an authorized agent of the department, or 279
a law enforcement officer may, at any time, remove a child from 280
a court-ordered placement and take the child into custody if the 281
court-ordered caregiver of the child requests immediate removal 282
of the child from the home. Additionally, an authorized agent of 283
the department or a law enforcement officer may, at any time, 284
remove a child from a court -ordered placement and take the child 285
into custody if there is probable cause as required under s. 286
39.401(1)(b). 287
(a) If, at the time of the removal, the child was not 288
placed in licensed care in the department's custody, the 289
department must file a motion to modify placement within 1 290
business day after the child is taken into custody. The court 291
must then set a hearing w ithin 24 hours after the motion is 292
filed unless all of the parties and the current caregiver agree 293
to the change of placement. At the hearing, the court must 294
determine if the department has established probable cause to 295
support the immediate removal of the child from his or her 296
current placement. The court may base its determination on a 297
sworn petition or affidavit or on testimony and may hear all 298
relevant and material evidence, including oral or written 299
reports, to the extent of their probative value, even if such 300
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evidence would not be competent evidence at an adjudicatory 301
hearing. 302
(b) If the court finds that the department did not 303
establish probable cause to support the removal of the child 304
from his or her current placement, the court must enter an order 305
that the child be returned to such placement. An order by the 306
court to return the child to his or her current placement does 307
not preclude a party from filing a subsequent motion pursuant to 308
subsection (2). 309
(c) If the current caregiver admits that a chan ge of 310
placement is needed or the department establishes probable cause 311
to support removal of the child, the court must enter an order 312
changing the placement of the child. The new placement for the 313
child must meet the home study criteria in this chapter if the 314
child is not placed in foster care. 315
(d) If the court finds probable cause and modifies the 316
child's placement, the court must conduct a hearing pursuant to 317
subsection (2) or subsection (3), unless such hearing is waived 318
by all parties and the caregive r. 319
Section 5. Paragraph (a) of subsection (1) of section 320
39.6221, Florida Statutes, is amended to read: 321
39.6221 Permanent guardianship of a dependent child. — 322
(1) If a court determines that reunification or adoption 323
is not in the best interest of the child, the court may place 324
the child in a permanent guardianship with a relative or other 325
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adult approved by the court if all of the following conditions 326
are met: 327
(a) The child has been in the placement for not less than 328
the preceding 6 months , or the preceding 3 months if the 329
caregiver is already known by the child and such caregiver has 330
been named as the successor guardian on the child's guardianship 331
assistance agreement. 332
Section 6. Subsection (9) of section 39.6225, Florida 333
Statutes, is amended to read: 334
39.6225 Guardianship Assistance Program. — 335
(9) Guardianship assistance payments may not shall only be 336
made for a young adult unless the young adult's whose permanent 337
guardian entered into a guardianship assistance agreement after 338
the child attained 14 16 years of age but before the child 339
attained 18 years of age and if the child is: 340
(a) Completing secondary education or a program leading to 341
an equivalent credential; 342
(b) Enrolled in an institution that provides postsecondary 343
or vocational education; 344
(c) Participating in a program or activity designed to 345
promote or eliminate barriers to employment; 346
(d) Employed for at least 80 hours per month; or 347
(e) Unable to participate in programs or activities listed 348
in paragraphs (a)-(d) full time due to a physical, intellectual, 349
emotional, or psychiatric condition that limits participation. 350
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Any such barrier to participation must be supported by 351
documentation in the child's case file or school or medical 352
records of a physical, intellectual, emotional, or psychiatric 353
condition that impairs the child's ability to perform one or 354
more life activities. 355
Section 7. Paragraph (d) of subsection (3) of section 356
39.801, Florida Statutes, is redesignated as paragraph (e), and 357
a new paragraph (d) is added to that subsection to read: 358
39.801 Procedures and jurisdiction; notice; service of 359
process.— 360
(3) Before the court may terminate parental rights, in 361
addition to the other requirements set forth in this part, the 362
following requirements must be met: 363
(d) Personal appearance of a person at the advisory 364
hearing as provided in s. 39.013(13) obviates the necessity of 365
serving process on that person and the court may proceed with 366
the advisory hearing and any subsequently noticed hearing. 367
Section 8. Subsections (4), (5), and (6) of section 368
39.812, Florida Statutes, are amended to read: 369
39.812 Postdisposition relief; petition for adoption. — 370
(4) The court shall retain jurisdi ction over any child 371
placed in the custody of the department until the child is 372
adopted. After custody of a child for subsequent adoption has 373
been given to the department, the court has jurisdiction for the 374
purpose of reviewing the status of the child and the progress 375
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being made toward permanent adoptive placement. As part of this 376
continuing jurisdiction, for good cause shown by the guardian ad 377
litem for the child, the court may: 378
(a) Review the appropriateness of the adoptive placement 379
of the child if good cause is shown by the guardian ad litem for 380
the child. 381
(b) Review the department's denial of an application to 382
adopt a child. The department's decision to deny an application 383
to adopt a child is only reviewable under this section and is 384
not subject to chapter 120. 385
1. If the department denies an application to adopt a 386
child, the department must file written notification of the 387
denial with the court and provide copies to all parties within 388
10 business days after the department's decision. 389
2. A denied applicant may file a motion to have the court 390
review the department's denial within 30 business days after the 391
issuance of the department's written notification of its 392
decision to deny the application to adopt a child. The motion to 393
review must allege that the department unreasonably denied the 394
application to adopt and request that the court allow the denied 395
applicant to file a petition to adopt the child under chapter 63 396
without the department's consent. 397
3. A denied applicant only has standing under this chapter 398
to file a motion to review the department's denial and to 399
present evidence in support of such motion. Such standing is 400
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terminated upon the entry of the court's order. 401
4. The court shall hold a hearing within 30 business days 402
after the denied app licant files the motion to review. The court 403
may only consider whether the department's denial of the 404
application is consistent with its policies and if the 405
department made such decision in an expeditious manner. The 406
standard of review is whether the depar tment's denial of the 407
application is an abuse of discretion. 408
5. If the department selected a different applicant to 409
adopt the child, the selected applicant may participate in the 410
hearing as a participant, as defined in s. 39.01, and may be 411
granted leave by the court to be heard without the need to file 412
a motion to intervene. 413
6. Within 15 business days after the conclusion of the 414
hearing, the court must enter a written order denying the motion 415
to review or finding that the department unreasonably denied the 416
application to adopt and authorizing the denied applicant to 417
file a petition to adopt the child under chapter 63 without the 418
department's consent. 419
(5) When a licensed foster parent or court -ordered 420
custodian has applied to adopt a child who has resid ed with the 421
foster parent or custodian for at least 6 months and who has 422
previously been permanently committed to the legal custody of 423
the department and the department does not grant the application 424
to adopt, the department may not, in the absence of a pr ior 425
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court order authorizing it to do so, remove the child from the 426
foster home or custodian, except when: 427
(a) There is probable cause to believe that the child is 428
at imminent risk of abuse or neglect; 429
(b) Thirty business days have expired following wri tten 430
notice to the foster parent or custodian of the denial of the 431
application to adopt, within which period no formal challenge of 432
the department's decision has been filed; 433
(c) A motion to review the department's denial of an 434
application to adopt a child under paragraph (4)(b) has been 435
denied; or 436
(d)(c) The foster parent or custodian agrees to the 437
child's removal. 438
(6)(5) The petition for adoption must be filed in the 439
division of the circuit court which entered the judgment 440
terminating parental ri ghts, unless a motion for change of venue 441
is granted pursuant to s. 47.122. A copy of the consent to 442
adoption executed by the department must be attached to the 443
petition, unless such consent is waived under pursuant to s. 444
63.062(7). The petition must be ac companied by a statement, 445
signed by the prospective adoptive parents, acknowledging 446
receipt of all information required to be disclosed under s. 447
63.085 and a form provided by the department which details the 448
social and medical history of the child and each parent and 449
includes the social security number and date of birth for each 450
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parent, if such information is available or readily obtainable. 451
The prospective adoptive parents may not file a petition for 452
adoption until the judgment terminating parental rights becomes 453
final. An adoption proceeding under this subsection is governed 454
by chapter 63. 455
(7)(a)(6)(a) Once a child's adoption is finalized, the 456
community-based care lead agency must make a reasonable effort 457
to contact the adoptive family by telephone 1 yea r after the 458
date of finalization of the adoption as a postadoption service. 459
For purposes of this subsection, the term "reasonable effort" 460
means the exercise of reasonable diligence and care by the 461
community-based care lead agency to make contact with the 462
adoptive family. At a minimum, the agency must document all of 463
the following: 464
1. The number of attempts made by the community -based care 465
lead agency to contact the adoptive family and whether those 466
attempts were successful .; 467
2. The types of postadoption services that were requested 468
by the adoptive family and whether those services were provided 469
by the community-based care lead agency .; and 470
3. Any feedback received by the community -based care lead 471
agency from the adoptive family relating to the quality or 472
effectiveness of the services provided. 473
(b) The community-based care lead agency must report 474
annually to the department on the outcomes achieved and 475
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recommendations for improvement under this subsection. 476
Section 9. Subsection (7) of section 63.062 , Florida 477
Statutes, is amended to read: 478
63.062 Persons required to consent to adoption; affidavit 479
of nonpaternity; waiver of venue. — 480
(7) If parental rights to the minor have previously been 481
terminated, the adoption entity with which the minor has been 482
placed for subsequent adoption may provide consent to the 483
adoption. In such case, no other consent is required. If the 484
minor has been permanently committed to the department for 485
subsequent adoption, the department must consent to the adoption 486
or the court order finding that the department unreasonably 487
denied the application to adopt entered under s. 39.812(4) must 488
be attached to the petition to adopt, and The consent of the 489
department shall be waived upon a determination by the court 490
that such consent is be ing unreasonably withheld and if the 491
petitioner must file has filed with the court a favorable 492
preliminary adoptive home study as required under s. 63.092. 493
Section 10. Subsections (4) and (5) of section 63.093, 494
Florida Statutes, are amended, and subsection (6) is added to 495
that section, to read: 496
63.093 Adoption of children from the child welfare 497
system.— 498
(4) Before a child is placed in an adoptive home, the 499
community-based care lead agency or its subcontracted agency 500
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must complete an adoptive h ome study of a prospective adoptive 501
parent that includes observation, screening, and evaluation of 502
the child and the prospective adoptive parent. An adoptive home 503
study must be updated every is valid for 12 months after the 504
date on which the first study was approved. If the child was 505
placed before the termination of parental rights, the updated 506
placement or licensing home study may serve as the adoption home 507
study. In addition, the community -based care lead agency or its 508
subcontracted agency must complete a preparation process, as 509
established by department rule, with the prospective adoptive 510
parent. 511
(5) At the conclusion of the adoptive home study and 512
preparation process, a decision must shall be made about the 513
prospective adoptive parent's appropriateness to adopt. This 514
decision must shall be reflected in the final recommendation 515
included in the adoptive home study. If the recommendation is 516
for approval, the adoptive parent application file must be 517
submitted to the community -based care lead agency or its 518
subcontracted agency for approval. The community -based care lead 519
agency or its subcontracted agency must approve or deny the home 520
study within 14 business days after receipt of the 521
recommendation. 522
(6) The department shall adopt rules to eliminate 523
duplicative practices and delays in the adoption home study 524
process for a member of a uniformed service on active duty 525
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seeking to adopt in the state, including, but not limited to, 526
providing a credit for adoption classes that have been taken in 527
another state which substantially cover the preservice training 528
required under s. 409.175(14)(b). 529
530
Notwithstanding subsections (1) and (2), this section does not 531
apply to a child adopted through the process provided in s. 532
63.082(6). 533
Section 11. Paragraph (a) of subsectio n (2) and paragraph 534
(a) of subsection (3) of section 409.1451, Florida Statutes, are 535
amended to read: 536
409.1451 The Road-to-Independence Program. — 537
(2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT. — 538
(a) A young adult is eligible for services and suppor t 539
under this subsection if he or she: 540
1. Was living in licensed care on his or her 18th birthday 541
or is currently living in licensed care; or was at least 14 16 542
years of age and was adopted from foster care or placed with a 543
court-approved dependency guard ian after spending at least 6 544
months in licensed care within the 12 months immediately 545
preceding such placement or adoption; 546
2. Spent at least 6 months in licensed care before 547
reaching his or her 18th birthday; 548
3. Earned a standard high school diploma pursuant to s. 549
1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent 550
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pursuant to s. 1003.435; 551
4. Has been admitted for enrollment as a full -time student 552
or its equivalent in an eligible postsecondary educational 553
institution as provided in s. 100 9.533. For purposes of this 554
section, the term "full -time" means 9 credit hours or the 555
vocational school equivalent. A student may enroll part -time if 556
he or she has a recognized disability or is faced with another 557
challenge or circumstance that would preven t full-time 558
attendance. A student needing to enroll part -time for any reason 559
other than having a recognized disability must get approval from 560
his or her academic advisor; 561
5. Has reached 18 years of age but is not yet 23 years of 562
age; 563
6. Has applied, with assistance from the young adult's 564
caregiver and the community -based lead agency, for any other 565
grants and scholarships for which he or she may qualify; 566
7. Submitted a Free Application for Federal Student Aid 567
which is complete and error free; and 568
8. Signed an agreement to allow the department and the 569
community-based care lead agency access to school records. 570
(3) AFTERCARE SERVICES. — 571
(a)1. Aftercare services are available to a young adult 572
who has reached 18 years of age but is not yet 23 years of a ge 573
and is: 574
a. Not in foster care. 575
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b. Temporarily not receiving financial assistance under 576
subsection (2) to pursue postsecondary education. 577
c. Eligible for the Extended Guardianship Assistance 578
Program under s. 39.6225(9) or the extended adoption assi stance 579
program under s. 409.166(4), but is not participating in either 580
program. 581
2. Subject to available funding, aftercare services as 582
specified in subparagraph (b)8. are also available to a young 583
adult who is between the ages of 18 and 22, is receiving 584
financial assistance under subsection (2), is experiencing an 585
emergency situation, and whose resources are insufficient to 586
meet the emergency situation. Such assistance shall be in 587
addition to any amount specified in paragraph (2)(b). 588
Section 12. Paragraph (d) of subsection (4) of section 589
409.166, Florida Statutes, is amended to read: 590
409.166 Children within the child welfare system; adoption 591
assistance program.— 592
(4) ADOPTION ASSISTANCE. — 593
(d) Effective January 1, 2019, adoption assistance 594
payments may be made for a child whose adoptive parent entered 595
into an initial adoption assistance agreement after the child 596
reached 14 16 years of age but before the child reached 18 years 597
of age. Such payments may be made until the child reaches age 21 598
if the child is: 599
1. Completing secondary education or a program leading to 600
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an equivalent credential; 601
2. Enrolled in an institution that provides postsecondary 602
or vocational education; 603
3. Participating in a program or activity designed to 604
promote or eliminate barriers to employment; 605
4. Employed for at least 80 hours per month; or 606
5. Unable to participate in programs or activities listed 607
in subparagraphs 1.-4. full time due to a physical, an 608
intellectual, an emotional, or a psychiatric condition that 609
limits participation. Any such barrier to participation must be 610
supported by documentation in the child's case file or school or 611
medical records of a physical, an intellectual, an emotional, or 612
a psychiatric condition that impairs the child's ability to 613
perform one or more life activities. 614
Section 13. Subsections (1) through (4) of section 615
409.167, Florida Statutes, are amended to read: 616
409.167 Statewide adoption exchange; establishment; 617
responsibilities; registration requirements; rules. — 618
(1) The Department of Children and Families shall 619
establish, either directly or through purchase, a statewide 620
adoption exchange, with a photo listing component, which serves 621
shall serve all authorized licensed child -placing agencies in 622
the state as a means of recruiting a doptive families for 623
children who have been legally freed for adoption and who have 624
been permanently placed with the department or a licensed child -625
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placing agency. The statewide adoption exchange must shall 626
provide, in accordance with rules adopted by the department, a 627
description and photo listing component of each child 628
descriptions and photographs of such children , as well as any 629
other information deemed useful in the recruitment of adoptive 630
families for each child. The photo listing component of the 631
statewide adoption exchange must be updated monthly and may not 632
be accessible to the public, except to persons who have 633
completed or are in the process of completing an adoption home 634
study. 635
(2)(a) Each district of the department shall refer each 636
child in its care who has been legally freed for adoption to the 637
statewide adoption exchange no later than 30 days after the date 638
of acceptance by the department for permanent placement. The 639
referral must be accompanied by a photo listing component 640
photograph and description of the child. Any child who is 12 641
years of age or older may request that a specific photo be used 642
for that child's photo listing component and such child must be 643
consulted during the development of his or her description. 644
(b) The department shal l establish criteria by which a 645
district may determine that a child need not be registered with 646
the statewide adoption exchange. Within 30 days after the date 647
of acceptance by the department for permanent placement, the 648
name of the child accepted for perma nent placement must be 649
forwarded to the statewide adoption exchange by the district 650
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together with reference to the specific reason why the child 651
should not be placed on the statewide adoption exchange. If the 652
child has not been placed for adoption within 3 months after the 653
date of acceptance by the department for permanent placement, 654
the district must shall provide the statewide adoption exchange 655
with the necessary photograph and information for registration 656
of the child with the statewide adoption exchange and the child 657
must shall be placed on the statewide adoption exchange. The 658
department shall establish procedures for monitoring the status 659
of children who are not placed on the statewide adoption 660
exchange within 30 days after the date of acceptance by the 661
department for permanent placement. 662
(3) In accordance with rules established by the 663
department, the statewide adoption exchange may accept, from 664
licensed child-placing agencies, information pertaining to 665
children meeting the criteria of this section, an d to 666
prospective adoptive families, for registration with the 667
statewide adoption exchange. 668
(4) For purposes of facilitating family -matching between 669
children and prospective adoptive parents, the statewide 670
adoption exchange must shall provide the photo listing component 671
service to all licensed child -placing agencies and, in 672
accordance with rules adopted established by the department, to 673
all appropriate citizen groups and other organizations and 674
associations interested in children's ser vices. The photo 675
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listing component of the statewide adoption exchange may not be 676
accessible to the public, except to persons who have completed 677
or are in the process of completing an adoption home study. 678
Section 14. This act shall take effect July 1, 2024. 679