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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 their 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 not 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 spec ified 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 from 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 adoptiv e 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. 409.1664, F.S.; providing 68
definitions; providing certain adoption benefits to 69
health care practitioners and tax collector employees; 70
specifying methods for such persons to apply for such 71
benefits; increasing the amount of monetary adoption 72
benefits certain persons are eligible to receive; 73
amending s. 409.167, F.S.; providing requirements for 74
the statewide adoption exchange and its photo listing 75
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component and description of children placed on such 76
exchange; authorizing only certain persons to access 77
the statewide adoption exchange; authorizing certain 78
children to make certain requests and r equiring them 79
to be consulted on certain decisions; conforming 80
provisions to changes made by the act; providing an 81
effective date. 82
83
Be It Enacted by the Legislature of the State of Florida: 84
85
Section 1. Subsection (88) is added to section 39.01, 86
Florida Statutes, to read: 87
39.01 Definitions.—When used in this chapter, unless the 88
context otherwise requires: 89
(88) "Visitor" means a person who: 90
(a) Provides care or supervision to a child in the home; 91
or 92
(b) Is 12 years of age or older, other than a child in 93
care, and who will be in the child's home at least: 94
1. Five consecutive days; or 95
2. Seven days or more in 1 month. 96
Section 2. Subsections (1) and (5) of section 39.0138, 97
Florida Statutes, are amended to read: 98
39.0138 Criminal history a nd other records checks; limit 99
on placement of a child. — 100
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(1) The department shall conduct a records check through 101
the Comprehensive State Automated Child Welfare Information 102
System (SACWIS) and a local and statewide criminal history 103
records check on all persons, including parents, being 104
considered by the department for placement of a child under this 105
chapter, including all nonrelative placement decisions, and all 106
members of the household, 12 years of age and older, of the 107
person being considered. For purp oses of this section, a 108
criminal history records check may include, but is not limited 109
to, submission of fingerprints to the Department of Law 110
Enforcement for processing and forwarding to the Federal Bureau 111
of Investigation for state and national criminal history 112
information, and local criminal records checks through local law 113
enforcement agencies of all household members 18 years of age 114
and older and other visitors 18 years of age and older to the 115
home. An out-of-state criminal history records check must b e 116
initiated for any person 18 years of age or older who resided in 117
another state if that state allows the release of such records. 118
The department must complete the records check within 14 119
business days after receiving a person's criminal history 120
results, unless additional information is required to complete 121
the processing. The department shall establish by rule standards 122
for evaluating any information contained in the automated system 123
relating to a person who must be screened for purposes of making 124
a placement decision. 125
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(5)(a) If a child has been sheltered pursuant to s. 39.402 126
and must be placed in out -of-home care due to an emergency, the 127
department must conduct a name -based check of criminal history 128
records to ascertain if the person with whom placement of the 129
child is being considered and any other adult household members 130
of such person are disqualified. 131
(b) The department may place a child in the a home if the 132
person with whom placement of the child is being considered and 133
any other adult household m embers or visitors of the home are 134
not disqualified by the name -based check, but, unless exempt, 135
such persons must submit a full set of fingerprints to the 136
department or to a vendor, an entity, or an agency authorized 137
under s. 943.053(13). Unless exempt, w ithin 7 calendar days 138
after the name-based check, the department, vendor, entity, or 139
agency must submit the fingerprints to the Department of Law 140
Enforcement for state processing. Within 15 calendar days after 141
the name-based check was conducted, the Depart ment of Law 142
Enforcement must forward the fingerprints to the Federal Bureau 143
of Investigation for national processing that otherwise meets 144
placement requirements if a name check of state and local 145
criminal history records systems does not disqualify the 146
applicant and if the department submits fingerprints to the 147
Department of Law Enforcement for forwarding to the Federal 148
Bureau of Investigation and is awaiting the results of the state 149
and national criminal history records check . 150
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(c) The department shall se ek a court order to immediately 151
remove the child from the home if the person with whom the child 152
was placed or any other adult household members or visitors of 153
the home fail to provide their fingerprints within 15 calendar 154
days after the name-based check is conducted and such persons 155
are not exempt from a criminal history records check. 156
Section 3. Section 39.5035, Florida Statutes, is created 157
to read: 158
39.5035 Deceased parents; special procedures. — 159
(1)(a)1. If both parents of a child are deceased or the 160
last known living parent of a child is deceased and a legal 161
custodian has not been appointed for the child through a probate 162
or guardianship proceeding, then an attorney for the department 163
or any other person who has knowledge of the facts alleged or is 164
informed of the alleged facts, and believes them to be true, may 165
initiate a proceeding by filing a petition for adjudication and 166
permanent commitment. 167
2. If a child has been placed in shelter status by order 168
of the court but has not yet been adjudicated, a petition for 169
adjudication and permanent commitment must be filed within 21 170
days after the shelter hearing. In all other cases, the petition 171
must be filed within a reasonable time after the date the 172
petitioner first becomes aware of the facts that support the 173
petition for adjudication and permanent commitment. 174
(b) If both parents die or the last known living parent 175
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dies after a child has already been adjudicated dependent, an 176
attorney for the depart ment or any other person who has 177
knowledge of the facts alleged or is informed of the alleged 178
facts, and believes them to be true, may file a petition for 179
permanent commitment. The petition must be filed within a 180
reasonable time after the petitioner first becomes aware of the 181
facts that support the petition for permanent commitment. 182
(2) The petition must be: 183
(a) In writing, identify the alleged deceased parents, and 184
provide facts that establish that both parents of the child are 185
deceased or the last kno wn living parent is deceased and that a 186
legal custodian has not been appointed for the child through a 187
probate or guardianship proceeding. 188
(b) Signed by the petitioner under oath stating the 189
petitioner's good faith in filing the petition. 190
(3) When a petition for adjudication and permanent 191
commitment or a petition for permanent commitment has been 192
filed, the clerk of court must set the case before the court for 193
an adjudicatory hearing. The adjudicatory hearing must be held 194
as soon as practicable after th e petition is filed, but no later 195
than 30 days after the filing date. 196
(4) Notice of the date, time, and place of the 197
adjudicatory hearing and a copy of the petition must be served 198
on the following persons: 199
(a) Any person who has physical custody of the child. 200
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(b) A living relative of each parent of the child, unless 201
a living relative cannot be found after a diligent search or 202
inquiry. 203
(c) The guardian ad litem for the child or the 204
representative of the guardian ad litem program, if the program 205
has been appointed. 206
(5) The court shall conduct adjudicatory hearings without 207
a jury and apply the rules of evidence in use in civil cases, 208
adjourning the hearings as necessary. The court must determine 209
whether the petitioner has established by clear and conv incing 210
evidence that both parents of the child are deceased, or that 211
the last known living parent is deceased and the other parent 212
cannot be found after a diligent search or inquiry, and that a 213
legal custodian has not been appointed for the child through a 214
probate or guardianship proceeding. A certified copy of the 215
death certificate for each parent is sufficient evidence of the 216
parents' deaths. 217
(6) Within 30 days after an adjudicatory hearing on a 218
petition for adjudication and permanent commitment: 219
(a) If the court finds that the petitioner has met the 220
clear and convincing standard, the court must enter a written 221
order adjudicating the child dependent and permanently 222
committing the child to the custody of the department for the 223
purpose of adoption. A dis position hearing must be scheduled no 224
later than 30 days after the entry of the order, in which the 225
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department must provide a case plan that identifies the 226
permanency goal for the child to the court. Reasonable efforts 227
must be made to place the child in a timely manner in accordance 228
with the permanency plan and to complete all steps necessary to 229
finalize the permanent placement of the child. Thereafter, until 230
the adoption of the child is finalized or the child reaches the 231
age of 18 years, whichever occurs f irst, the court must hold 232
hearings every 6 months to review the progress being made toward 233
permanency for the child. 234
(b) If the court finds that clear and convincing evidence 235
does not establish that both parents of a child are deceased, or 236
that the last known living parent is deceased and the other 237
parent cannot be found after a diligent search or inquiry, and 238
that a legal custodian has not been appointed for the child 239
through a probate or guardianship proceeding, but that a 240
preponderance of the evidence establishes that the child does 241
not have a parent or legal custodian capable of providing 242
supervision or care, the court must enter a written order 243
adjudicating the child dependent. A disposition hearing must be 244
scheduled no later than 30 days after the en try of the order as 245
provided in s. 39.521. 246
(c) If the court finds that the petitioner has not met the 247
clear and convincing standard and that a preponderance of the 248
evidence does not establish that the child does not have a 249
parent or legal custodian capab le of providing supervision or 250
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care, the court must enter a written order so finding and 251
dismiss the petition. 252
(7) Within 30 days after an adjudicatory hearing on a 253
petition for permanent commitment: 254
(a) If the court finds that the petitioner has met t he 255
clear and convincing standard, the court must enter a written 256
order permanently committing the child to the custody of the 257
department for purposes of adoption. A disposition hearing must 258
be scheduled no later than 30 days after the entry of the order, 259
in which the department must provide an amended case plan that 260
identifies the permanency goal for the child to the court. 261
Reasonable efforts must be made to place the child in a timely 262
manner in accordance with the permanency plan and to complete 263
all steps necessary to finalize the permanent placement of the 264
child. Thereafter, until the adoption of the child is finalized 265
or the child reaches the age of 18 years, whichever occurs 266
first, the court must hold hearings every 6 months to review the 267
progress being made toward permanency for the child. 268
(b) If the court finds that clear and convincing evidence 269
does not establish that both parents of a child are deceased or 270
that the last known living parent is deceased and the other 271
parent cannot be found after a dil igent search or inquiry, the 272
court must enter a written order denying the petition. The order 273
has no effect on the child's prior adjudication. The order does 274
not bar the petitioner from filing a subsequent petition for 275
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permanent commitment based on newly d iscovered evidence that 276
establishes that both parents of a child are deceased, or that 277
the last known living parent is deceased, and that a legal 278
custodian has not been appointed for the child through a probate 279
or guardianship proceeding. 280
Section 4. Subsection (7) is added to section 39.522, 281
Florida Statutes, to read: 282
39.522 Postdisposition change of custody. — 283
(7) Notwithstanding any other provision of this section, a 284
child's case manager, an authorized agent of the department, or 285
a law enforcement officer may, at any time, remove a child from 286
a court-ordered placement and take the child into custody if the 287
court-ordered caregiver of the child requests immediate removal 288
of the child from the home. Additionally, an authorized agent of 289
the department or a law enforcement officer may, at any time, 290
remove a child from a court -ordered placement and take the child 291
into custody if there is probable cause as required under s. 292
39.401(1)(b). 293
(a) If, at the time of the removal, the child was not 294
placed in licensed care in the department's custody, the 295
department must file a motion to modify placement within 1 296
business day after the child is taken into custody. The court 297
must then set a hearing within 24 hours after the motion is 298
filed unless all of the parties and the current caregiver agree 299
to the change of placement. At the hearing, the court must 300
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determine if the department has established probable cause to 301
support the immediate removal of the child from his or her 302
current placement. The court may base its de termination on a 303
sworn petition or affidavit or on testimony and may hear all 304
relevant and material evidence, including oral or written 305
reports, to the extent of their probative value, even if such 306
evidence would not be competent evidence at an adjudicator y 307
hearing. 308
(b) If the court finds that the department did not 309
establish probable cause to support the removal of the child 310
from his or her current placement, the court must enter an order 311
that the child be returned to such placement. An order by the 312
court to return the child to his or her current placement does 313
not preclude a party from filing a subsequent motion pursuant to 314
subsection (2). 315
(c) If the current caregiver admits that a change of 316
placement is needed or the department establishes probabl e cause 317
to support removal of the child, the court must enter an order 318
changing the placement of the child. The new placement for the 319
child must meet the home study criteria in this chapter if the 320
child is not placed in foster care. 321
(d) If the court find s probable cause and modifies the 322
child's placement, the court must conduct a hearing pursuant to 323
subsection (2) or subsection (3), unless such hearing is waived 324
by all parties and the caregiver. 325
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Section 5. Paragraph (a) of subsection (1) of section 326
39.6221, Florida Statutes, is amended to read: 327
39.6221 Permanent guardianship of a dependent child. — 328
(1) If a court determines that reunification or adoption 329
is not in the best interest of the child, the court may place 330
the child in a permanent guardianship with a relative or other 331
adult approved by the court if all of the following conditions 332
are met: 333
(a) The child has been in the placement for not less than 334
the preceding 6 months , or the preceding 3 months if the 335
caregiver is already known by the child and such caregiver has 336
been named as the successor guardian on the child's guardianship 337
assistance agreement . 338
Section 6. Subsection (9) of section 39.6225, Florida 339
Statutes, is amended to read: 340
39.6225 Guardianship Assistance Program.— 341
(9) Guardianship assistance payments may not shall only be 342
made for a young adult unless the young adult's whose permanent 343
guardian entered into a guardianship assistance agreement after 344
the child attained 14 16 years of age but bef ore the child 345
attained 18 years of age and if the child is: 346
(a) Completing secondary education or a program leading to 347
an equivalent credential; 348
(b) Enrolled in an institution that provides postsecondary 349
or vocational education; 350
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(c) Participating in a program or activity designed to 351
promote or eliminate barriers to employment; 352
(d) Employed for at least 80 hours per month; or 353
(e) Unable to participate in programs or activities listed 354
in paragraphs (a)-(d) full time due to a physical, intellectual, 355
emotional, or psychiatric condition that limits participation. 356
Any such barrier to participation must be supported by 357
documentation in the child's case file or school or medical 358
records of a physical, intellectual, emotional, or psychiatric 359
condition that impairs the child's ability to perform one or 360
more life activities. 361
Section 7. Paragraph (d) of subsection (3) of section 362
39.801, Florida Statutes, is redesignated as paragraph (e), and 363
a new paragraph (d) is added to that subsection to read: 364
39.801 Procedures and jurisdiction; notice; service of 365
process.— 366
(3) Before the court may terminate parental rights, in 367
addition to the other requirements set forth in this part, the 368
following requirements must be met: 369
(d) Personal appearance of a person at t he advisory 370
hearing as provided in s. 39.013(13) obviates the necessity of 371
serving process on that person and the court may proceed with 372
the advisory hearing and any subsequently noticed hearing. 373
Section 8. Subsections (4), (5), and (6) of section 374
39.812, Florida Statutes, are amended to read: 375
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39.812 Postdisposition relief; petition for adoption. — 376
(4) The court shall retain jurisdiction over any child 377
placed in the custody of the department until the child is 378
adopted. After custody of a child for su bsequent adoption has 379
been given to the department, the court has jurisdiction for the 380
purpose of reviewing the status of the child and the progress 381
being made toward permanent adoptive placement. As part of this 382
continuing jurisdiction, for good cause shown by the guardian ad 383
litem for the child, the court may: 384
(a) Review the appropriateness of the adoptive placement 385
of the child if good cause is shown by the guardian ad litem for 386
the child. 387
(b) Review the department's denial of an application to 388
adopt a child. The department's decision to deny an application 389
to adopt a child is only reviewable under this section and is 390
not subject to chapter 120. 391
1. If the department denies an application to adopt a 392
child, the department must file written notificatio n of the 393
denial with the court and provide copies to all parties within 394
10 business days after the department's decision. 395
2. A denied applicant may file a motion to have the court 396
review the department's denial within 30 business days after the 397
issuance of the department's written notification of its 398
decision to deny the application to adopt a child. The motion to 399
review must allege that the department unreasonably denied the 400
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application to adopt and request that the court allow the denied 401
applicant to file a petition to adopt the child under chapter 63 402
without the department's consent. 403
3. A denied applicant only has standing under this chapter 404
to file a motion to review the department's denial and to 405
present evidence in support of such motion. Such stan ding is 406
terminated upon the entry of the court's order. 407
4. The court shall hold a hearing within 30 business days 408
after the denied applicant files the motion to review. The court 409
may only consider whether the department's denial of the 410
application is consistent with its policies and if the 411
department made such decision in an expeditious manner. The 412
standard of review is whether the department's denial of the 413
application is an abuse of discretion. 414
5. If the department selected a different applicant to 415
adopt the child, the selected applicant may participate in the 416
hearing as a participant, as defined in s. 39.01, and may be 417
granted leave by the court to be heard without the need to file 418
a motion to intervene. 419
6. Within 15 business days after the conclusi on of the 420
hearing, the court must enter a written order denying the motion 421
to review or finding that the department unreasonably denied the 422
application to adopt and authorizing the denied applicant to 423
file a petition to adopt the child under chapter 63 wit hout the 424
department's consent. 425
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(5) When a licensed foster parent or court -ordered 426
custodian has applied to adopt a child who has resided with the 427
foster parent or custodian for at least 6 months and who has 428
previously been permanently committed to the le gal custody of 429
the department and the department does not grant the application 430
to adopt, the department may not, in the absence of a prior 431
court order authorizing it to do so, remove the child from the 432
foster home or custodian, except when: 433
(a) There is probable cause to believe that the child is 434
at imminent risk of abuse or neglect; 435
(b) Thirty business days have expired following written 436
notice to the foster parent or custodian of the denial of the 437
application to adopt, within which period no formal c hallenge of 438
the department's decision has been filed; 439
(c) A motion to review the department's denial of an 440
application to adopt a child under paragraph (4)(b) has been 441
denied; or 442
(d)(c) The foster parent or custodian agrees to the 443
child's removal. 444
(6)(5) The petition for adoption must be filed in the 445
division of the circuit court which entered the judgment 446
terminating parental rights, unless a motion for change of venue 447
is granted pursuant to s. 47.122. A copy of the consent to 448
adoption executed by the department must be attached to the 449
petition, unless such consent is waived under pursuant to s. 450
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63.062(7). The petition must be accompanied by a statement, 451
signed by the prospective adoptive parents, acknowledging 452
receipt of all information required t o be disclosed under s. 453
63.085 and a form provided by the department which details the 454
social and medical history of the child and each parent and 455
includes the social security number and date of birth for each 456
parent, if such information is available or re adily obtainable. 457
The prospective adoptive parents may not file a petition for 458
adoption until the judgment terminating parental rights becomes 459
final. An adoption proceeding under this subsection is governed 460
by chapter 63. 461
(7)(a)(6)(a) Once a child's adoption is finalized, the 462
community-based care lead agency must make a reasonable effort 463
to contact the adoptive family by telephone 1 year after the 464
date of finalization of the adoption as a postadoption service. 465
For purposes of this subsection, the term "re asonable effort" 466
means the exercise of reasonable diligence and care by the 467
community-based care lead agency to make contact with the 468
adoptive family. At a minimum, the agency must document all of 469
the following: 470
1. The number of attempts made by the comm unity-based care 471
lead agency to contact the adoptive family and whether those 472
attempts were successful .; 473
2. The types of postadoption services that were requested 474
by the adoptive family and whether those services were provided 475
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by the community-based care lead agency.; and 476
3. Any feedback received by the community -based care lead 477
agency from the adoptive family relating to the quality or 478
effectiveness of the services provided. 479
(b) The community-based care lead agency must report 480
annually to the departm ent on the outcomes achieved and 481
recommendations for improvement under this subsection. 482
Section 9. Subsection (7) of section 63.062, Florida 483
Statutes, is amended to read: 484
63.062 Persons required to consent to adoption; affidavit 485
of nonpaternity; waiv er of venue.— 486
(7) If parental rights to the minor have previously been 487
terminated, the adoption entity with which the minor has been 488
placed for subsequent adoption may provide consent to the 489
adoption. In such case, no other consent is required. If the 490
minor has been permanently committed to the department for 491
subsequent adoption, the department must consent to the adoption 492
or the court order finding that the department unreasonably 493
denied the application to adopt entered under s. 39.812(4) must 494
be attached to the petition to adopt, and The consent of the 495
department shall be waived upon a determination by the court 496
that such consent is being unreasonably withheld and if the 497
petitioner must file has filed with the court a favorable 498
preliminary adoptive home study as required under s. 63.092. 499
Section 10. Subsections (4) and (5) of section 63.093, 500
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Florida Statutes, are amended, and subsection (6) is added to 501
that section, to read: 502
63.093 Adoption of children from the child welfare 503
system.— 504
(4) Before a child is placed in an adoptive home, the 505
community-based care lead agency or its subcontracted agency 506
must complete an adoptive home study of a prospective adoptive 507
parent that includes observation, screening, and evaluation of 508
the child and the prospectiv e adoptive parent. An adoptive home 509
study must be updated every is valid for 12 months after the 510
date on which the first study was approved. If the child was 511
placed before the termination of parental rights, the updated 512
placement or licensing home study ma y serve as the adoption home 513
study. In addition, the community -based care lead agency or its 514
subcontracted agency must complete a preparation process, as 515
established by department rule, with the prospective adoptive 516
parent. 517
(5) At the conclusion of the a doptive home study and 518
preparation process, a decision must shall be made about the 519
prospective adoptive parent's appropriateness to adopt. This 520
decision must shall be reflected in the final recommendation 521
included in the adoptive home study. If the recomm endation is 522
for approval, the adoptive parent application file must be 523
submitted to the community -based care lead agency or its 524
subcontracted agency for approval. The community -based care lead 525
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agency or its subcontracted agency must approve or deny the hom e 526
study within 14 business days after receipt of the 527
recommendation. 528
(6) The department shall adopt rules to eliminate 529
duplicative practices and delays in the adoption home study 530
process for a member of a uniformed service on active duty 531
seeking to adopt in the state, including, but not limited to, 532
providing a credit for adoption classes that have been taken in 533
another state which substantially cover the preservice training 534
required under s. 409.175(14)(b). 535
536
Notwithstanding subsections (1) and (2), this s ection does not 537
apply to a child adopted through the process provided in s. 538
63.082(6). 539
Section 11. Paragraph (a) of subsection (2) and paragraph 540
(a) of subsection (3) of section 409.1451, Florida Statutes, are 541
amended to read: 542
409.1451 The Road-to-Independence Program.— 543
(2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT. — 544
(a) A young adult is eligible for services and support 545
under this subsection if he or she: 546
1. Was living in licensed care on his or her 18th birthday 547
or is currently living in li censed care; or was at least 14 16 548
years of age and was adopted from foster care or placed with a 549
court-approved dependency guardian after spending at least 6 550
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months in licensed care within the 12 months immediately 551
preceding such placement or adoption; 552
2. Spent at least 6 months in licensed care before 553
reaching his or her 18th birthday; 554
3. Earned a standard high school diploma pursuant to s. 555
1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent 556
pursuant to s. 1003.435; 557
4. Has been admitted f or enrollment as a full -time student 558
or its equivalent in an eligible postsecondary educational 559
institution as provided in s. 1009.533. For purposes of this 560
section, the term "full -time" means 9 credit hours or the 561
vocational school equivalent. A student m ay enroll part-time if 562
he or she has a recognized disability or is faced with another 563
challenge or circumstance that would prevent full -time 564
attendance. A student needing to enroll part -time for any reason 565
other than having a recognized disability must get approval from 566
his or her academic advisor; 567
5. Has reached 18 years of age but is not yet 23 years of 568
age; 569
6. Has applied, with assistance from the young adult's 570
caregiver and the community -based lead agency, for any other 571
grants and scholarships for w hich he or she may qualify; 572
7. Submitted a Free Application for Federal Student Aid 573
which is complete and error free; and 574
8. Signed an agreement to allow the department and the 575
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community-based care lead agency access to school records. 576
(3) AFTERCARE SERVICES.— 577
(a)1. Aftercare services are available to a young adult 578
who has reached 18 years of age but is not yet 23 years of age 579
and is: 580
a. Not in foster care. 581
b. Temporarily not receiving financial assistance under 582
subsection (2) to pursue postseco ndary education. 583
c. Eligible for the Extended Guardianship Assistance 584
Program under s. 39.6225(9) or the extended adoption assistance 585
program under s. 409.166(4), but is not participating in either 586
program. 587
2. Subject to available funding, aftercare se rvices as 588
specified in subparagraph (b)8. are also available to a young 589
adult who is between the ages of 18 and 22, is receiving 590
financial assistance under subsection (2), is experiencing an 591
emergency situation, and whose resources are insufficient to 592
meet the emergency situation. Such assistance shall be in 593
addition to any amount specified in paragraph (2)(b). 594
Section 12. Paragraph (d) of subsection (4) of section 595
409.166, Florida Statutes, is amended to read: 596
409.166 Children within the child welfar e system; adoption 597
assistance program.— 598
(4) ADOPTION ASSISTANCE. — 599
(d) Effective January 1, 2019, adoption assistance 600
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payments may be made for a child whose adoptive parent entered 601
into an initial adoption assistance agreement after the child 602
reached 14 16 years of age but before the child reached 18 years 603
of age. Such payments may be made until the child reaches age 21 604
if the child is: 605
1. Completing secondary education or a program leading to 606
an equivalent credential; 607
2. Enrolled in an institution t hat provides postsecondary 608
or vocational education; 609
3. Participating in a program or activity designed to 610
promote or eliminate barriers to employment; 611
4. Employed for at least 80 hours per month; or 612
5. Unable to participate in programs or activities listed 613
in subparagraphs 1.-4. full time due to a physical, an 614
intellectual, an emotional, or a psychiatric condition that 615
limits participation. Any such barrier to participation must be 616
supported by documentation in the child's case file or school or 617
medical records of a physical, an intellectual, an emotional, or 618
a psychiatric condition that impairs the child's ability to 619
perform one or more life activities. 620
Section 13. Section 409.1664, Florida Statutes, is amended 621
to read: 622
409.1664 Adoption benefit s for qualifying adoptive 623
employees of state agencies, veterans, servicemembers, and law 624
enforcement officers , health care practitioners, and tax 625
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collector employees.— 626
(1) As used in this section, the term: 627
(a) "Child within the child welfare system" h as the same 628
meaning as provided in s. 409.166(2). 629
(b) "Health care practitioner" means a person listed in s. 630
456.001(4) who holds an active license from the Department of 631
Health and whose gross income does not exceed $150,000 per year. 632
(c)(b) "Law enforcement officer" has the same meaning as 633
provided in s. 943.10(1). 634
(d)(c) "Qualifying adoptive employee" means a full -time or 635
part-time employee of a state agency, a charter school 636
established under s. 1002.33, or the Florida Virtual School 637
established under s. 1002.37, who is not an independent 638
contractor and who adopts a child within the child welfare 639
system pursuant to chapter 63 on or after July 1, 2015. The term 640
includes instructional personnel, as defined in s. 1012.01, who 641
are employed by the Flori da School for the Deaf and the Blind, 642
and includes other-personal-services employees who have been 643
continuously employed full time or part time by a state agency 644
for at least 1 year. 645
(e)(d) "Servicemember" has the same meaning as in s. 646
250.01(19). 647
(f)(e) "State agency" means a branch, department, or 648
agency of state government for which the Chief Financial Officer 649
processes payroll requisitions, a state university or Florida 650
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College System institution as defined in s. 1000.21, a school 651
district unit as defined in s. 1001.30, or a water management 652
district as defined in s. 373.019. 653
(g) "Tax collector employee" means an employee of an 654
office of county tax collector in the state. 655
(h)(f) "Veteran" has the same meaning as in s. 1.01(14). 656
(2) A qualifying adoptive employee, veteran, law 657
enforcement officer, health care practitioner, tax collector 658
employee, or servicemember who adopts a child within the child 659
welfare system who is difficult to place as described in s. 660
409.166(2)(d)2. is eligible to receive a lump-sum monetary 661
benefit in the amount of $25,000 $10,000 per such child, subject 662
to applicable taxes. A law enforcement officer who adopts a 663
child within the child welfare system who is difficult to place 664
as described in s. 409.166(2)(d)2. is eligible to receive a 665
lump-sum monetary benefit in the amount of $25,000 per such 666
child, subject to applicable taxes. A qualifying adoptive 667
employee, veteran, law enforcement officer, health care 668
practitioner, tax collector employee, or servicemember who 669
adopts a child within the child welfare system who is not 670
difficult to place as described in s. 409.166(2)(d)2. is 671
eligible to receive a lump -sum monetary benefit in the amount of 672
$10,000 $5,000 per such child, subject to applicable taxes. A 673
law enforcement officer who adopts a child within the child 674
welfare system who is not difficult to place as described in s. 675
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409.166(2)(d)2. is eligible to receive a lump -sum monetary 676
benefit in the amount of $10,000 per each such child, subject to 677
applicable taxes. A qualifying adoptive employee of a charter 678
school or the Florida Virtual School may retroactively apply for 679
the monetary benefit provided in this subsection if such 680
employee was employed by a charter school or the Florida Virtual 681
School when he or she adopted a child w ithin the child welfare 682
system pursuant to chapter 63 on or after July 1, 2015. A 683
veteran or servicemember may apply for the monetary benefit 684
provided in this subsection if he or she is domiciled in this 685
state and adopts a child within the child welfare sy stem 686
pursuant to chapter 63 on or after July 1, 2020. A law 687
enforcement officer may apply for the monetary benefit provided 688
in this subsection if he or she is domiciled in this state and 689
adopts a child within the child welfare system pursuant to 690
chapter 63 on or after July 1, 2022. A health care practitioner 691
or tax collector employee may apply for the monetary benefit 692
provided in this subsection if he or she is domiciled in this 693
state and adopts a child within the child welfare system 694
pursuant to chapter 63 on or after July 1, 2024. 695
(a) Benefits paid to a qualifying adoptive employee who is 696
a part-time employee must be prorated based on the qualifying 697
adoptive employee's full -time equivalency at the time of 698
applying for the benefits. 699
(b) Monetary benefits awarded under this subsection are 700
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limited to one award per adopted child within the child welfare 701
system. 702
(c) The payment of a lump -sum monetary benefit for 703
adopting a child within the child welfare system under this 704
section is subject to a specific appropriation to the department 705
for such purpose. 706
(3) A qualifying adoptive employee must apply to his or 707
her agency head, or to his or her school director in the case of 708
a qualifying adoptive employee of a charter school or the 709
Florida Virtual School, to obtain the monetary benefit provided 710
in subsection (2). A veteran , or servicemember, or tax collector 711
employee must apply to the department to obtain the benefit. A 712
law enforcement officer must apply to the Department of Law 713
Enforcement to obtain the benefit. A health care practitioner 714
must apply to the Department of Health to obtain the benefit. 715
Applications must be on forms approved by the department and 716
must include a certified copy of the final order of adoption 717
naming the applicant as the adoptive parent. Monetary benefits 718
shall be approved on a first -come, first-served basis based upon 719
the date that each fully completed application is received by 720
the department. 721
(4) This section does not preclude a qualifying adoptive 722
employee, veteran, servicemember, health care practitioner, tax 723
collector employee, or law enforcement officer from receiving 724
adoption assistance for which he or she may qualify under s. 725
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409.166 or any other statute that provides financial incenti ves 726
for the adoption of children. 727
(5) Parental leave for a qualifying adoptive employee must 728
be provided in accordance with the personnel policies and 729
procedures of his or her employer. 730
(6) The department may adopt rules to administer this 731
section. The rules may provide for an application process such 732
as, but not limited to, an open enrollment period during which 733
qualifying adoptive employees, veterans, servicemembers, health 734
care practitioners, tax collector employees, or law enforcement 735
officers may apply for monetary benefits under this section. 736
(7) The Chief Financial Officer shall disburse a monetary 737
benefit to a qualifying adoptive employee upon the department's 738
submission of a payroll requisition. The Chief Financial Officer 739
shall transfer funds from the department to a state university, 740
a Florida College System institution, a school district unit, a 741
charter school, the Florida Virtual School, or a water 742
management district, as appropriate, to enable payment to the 743
qualifying adoptive employee th rough the payroll systems as long 744
as funds are available for such purpose. 745
(8) To receive an approved monetary benefit under this 746
section, a veteran or servicemember must be registered as a 747
vendor with the state. 748
(9) Each state agency shall develop a u niform procedure 749
for informing employees about this benefit and for assisting the 750
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department in making eligibility determinations and processing 751
applications. Any procedure adopted by a state agency is valid 752
and enforceable if the procedure does not confli ct with the 753
express terms of this section. 754
Section 14. Subsections (1) through (4) of section 755
409.167, Florida Statutes, are amended to read: 756
409.167 Statewide adoption exchange; establishment; 757
responsibilities; registration requirements; rules. — 758
(1) The Department of Children and Families shall 759
establish, either directly or through purchase, a statewide 760
adoption exchange, with a photo listing component, which serves 761
shall serve all authorized licensed child -placing agencies in 762
the state as a means of recruiting adoptive families for 763
children who have been legally freed for adoption and who have 764
been permanently placed with the department or a licensed child -765
placing agency. The statewide adoption exchange must shall 766
provide, in accordance with rules adopted by the department, a 767
description and photo listing component of each child 768
descriptions and photographs of such children , as well as any 769
other information deemed useful in the recruitment of adoptive 770
families for each child. The photo listing compo nent of the 771
statewide adoption exchange must be updated monthly and may not 772
be accessible to the public, except to persons who have 773
completed or are in the process of completing an adoption home 774
study. 775
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(2)(a) Each district of the department shall refer e ach 776
child in its care who has been legally freed for adoption to the 777
statewide adoption exchange no later than 30 days after the date 778
of acceptance by the department for permanent placement. The 779
referral must be accompanied by a photo listing component 780
photograph and description of the child. Any child who is 12 781
years of age or older may request that a specific photo be used 782
for that child's photo listing component and such child must be 783
consulted during the development of his or her description. 784
(b) The department shall establish criteria by which a 785
district may determine that a child need not be registered with 786
the statewide adoption exchange. Within 30 days after the date 787
of acceptance by the department for permanent placement, the 788
name of the child acc epted for permanent placement must be 789
forwarded to the statewide adoption exchange by the district 790
together with reference to the specific reason why the child 791
should not be placed on the statewide adoption exchange. If the 792
child has not been placed for ad option within 3 months after the 793
date of acceptance by the department for permanent placement, 794
the district must shall provide the statewide adoption exchange 795
with the necessary photograph and information for registration 796
of the child with the statewide adoption exchange and the child 797
must shall be placed on the statewide adoption exchange. The 798
department shall establish procedures for monitoring the status 799
of children who are not placed on the statewide adoption 800
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exchange within 30 days after the date of ac ceptance by the 801
department for permanent placement. 802
(3) In accordance with rules established by the 803
department, the statewide adoption exchange may accept, from 804
licensed child-placing agencies, information pertaining to 805
children meeting the criteria of t his section, and to 806
prospective adoptive families, for registration with the 807
statewide adoption exchange. 808
(4) For purposes of facilitating family -matching between 809
children and prospective adoptive parents, the statewide 810
adoption exchange must shall provide the photo listing component 811
service to all licensed child -placing agencies and, in 812
accordance with rules adopted established by the department, to 813
all appropriate citizen groups and other organizations and 814
associations interested in children's services. The photo 815
listing component of the statewide adoption exchange may not be 816
accessible to the public, except to persons who have completed 817
or are in the process of completing an adoption home study. 818
Section 15. This act shall take effect July 1, 2024. 819