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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; defining the term 9
"emergency placement"; requiring the department to 10
conduct a name-based check of criminal histor y records 11
of certain persons in specified circumstances; 12
requiring certain persons to submit their fingerprints 13
to the department or other specified entities; 14
requiring the department or such entities to submit 15
such fingerprints to the Department of Law En forcement 16
for state processing within a specified timeframe; 17
requiring the Department of Law Enforcement to forward 18
such fingerprints to the Federal Bureau of 19
Investigation within a specified timeframe; requiring 20
a child to be immediately removed from a ho me if 21
certain persons fail to provide their fingerprints and 22
are not exempt from a criminal history records check; 23
creating s. 39.5035, F.S.; providing procedures and 24
requirements relating to deceased parents of a 25
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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
dependent child; amending s. 39.522, F.S.; authorizing 26
certain persons to remove a child from a court -ordered 27
placement under certain circumstances; requiring the 28
Department of Children and Families to file a 29
specified motion, and the court to set a hearing, 30
within specified timeframes under certa in 31
circumstances; requiring a certain determination by 32
the court to support immediate removal of a child; 33
authorizing the court to base its determination on 34
certain evidence; requiring the court to enter certain 35
orders and conduct certain hearings under ce rtain 36
circumstances; amending s. 39.6221, F.S.; revising a 37
requisite condition for placing a child in a permanent 38
guardianship; amending s. 39.6225, F.S.; revising 39
eligibility for payments under the Guardianship 40
Assistance Program; amending s. 39.801, F.S. ; 41
providing that service of process is not necessary 42
under certain circumstances; amending s. 39.812, F.S.; 43
authorizing the court to review the Department of 44
Children and Families' denial of an application to 45
adopt a child; requiring the department to file 46
written notification of its denial with the court and 47
provide copies to certain persons within a specified 48
timeframe; authorizing a denied applicant to file a 49
motion to review such denial within a specified 50
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timeframe; requiring the court to hold a hearing 51
within a specified timeframe; providing standing to 52
certain persons; authorizing certain persons to 53
participate in the hearing under certain 54
circumstances; requiring the court to enter an order 55
within a specified timeframe; providing an exception 56
to authorize the department to remove a child from his 57
or her foster home or custodian; amending s. 63.062, 58
F.S.; conforming provisions to changes made by the 59
act; amending s. 63.093, F.S.; requiring an adoptive 60
home study to be updated every 12 months after the 61
date on which the first study was approved; requiring 62
the department to adopt certain rules; amending s. 63
63.097, F.S.; requiring the court to issue a specified 64
order under certain circumstances; prohibiting certain 65
fees; requiring an adoption entity, beginn ing on a 66
specified date, to quarterly report certain 67
information to the department; requiring certain 68
information to be itemized by certain categories; 69
providing that confidentiality provisions do not apply 70
to certain information; requiring an adoption ent ity 71
to redact certain confidential identifying 72
information; requiring the department to quarterly 73
report certain information on its website; requiring 74
the department to adopt rules; amending s. 63.132, 75
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F.S.; requiring certain orders to contain a written 76
determination of reasonableness; conforming a 77
provision to changes made by the act; amending s. 78
63.212, F.S.; providing applicability; requiring a 79
specified statement to be included in certain 80
advertisements; amending s. 409.1451, F.S.; revising 81
the age requirements for receiving postsecondary 82
education services and support; revising the 83
requirements for receiving aftercare services; 84
amending s. 409.166, F.S.; revising the age 85
requirements for receiving adoption assistance; 86
amending s. 409.1664, F.S.; providi ng definitions; 87
providing certain adoption benefits to health care 88
practitioners and tax collector employees; specifying 89
methods for such persons to apply for such benefits; 90
increasing the amount of monetary adoption benefits 91
certain persons are eligible t o receive; amending s. 92
409.167, F.S.; providing requirements for the 93
statewide adoption exchange and its photo listing 94
component and description of children placed on such 95
exchange; authorizing only certain persons to access 96
the statewide adoption exchange ; authorizing certain 97
children to make certain requests and requiring them 98
to be consulted on certain decisions; conforming 99
provisions to changes made by the act; providing an 100
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effective date. 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 i n 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 through 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 yea rs 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 fingerprints to the Department of Law 129
Enforcement for processing and forwarding to the Fed eral 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 members 18 years of age 133
and older and other visitors 18 years of age and older to the 134
home. An out-of-state criminal history records check must be 135
initiated for any person 18 years of age or older who resided in 136
another state if that state allows the release of such records. 137
The department must complete the records check within 14 138
business days after receiving a person's criminal history 139
results, unless additional information is required to complete 140
the processing. The department shall establish by rule standards 141
for evaluating any information contained in the automated system 142
relating to a person who must be screened for purposes of making 143
a placement decision. 144
(5)(a) If a child has been sheltered pursuant to s. 39.402 145
and the department must arrange an emergency placement in out -146
of-home care for the child, the department must conduct a name-147
based check of criminal history records to ascertain if the 148
person with whom placement of the child is being considered and 149
any other adult household members of such person are 150
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disqualified. For purposes of this paragraph, the term 151
"emergency placement" means the department is placing a child in 152
the home of a private individual, including a neighbor, friend, 153
or relative, as a result of an immediate removal pursuant to s. 154
39.402. 155
(b) The department may place a child in the a home if the 156
person with whom placement of the child is being considered and 157
any other adult household members or visitors of the home are 158
not disqualified by the name -based check, but, unless exempt, 159
such persons must submit a full set of fingerprints to the 160
department or to a vend or, an entity, or an agency authorized 161
under s. 943.053(13). Unless exempt, within 7 calendar days 162
after the name-based check, the department, vendor, entity, or 163
agency must submit the fingerprints to the Department of Law 164
Enforcement for state processing. Within 15 calendar days after 165
the name-based check was conducted, the Department of Law 166
Enforcement must forward the fingerprints to the Federal Bureau 167
of Investigation for national processing that otherwise meets 168
placement requirements if a name check of state and local 169
criminal history records systems does not disqualify the 170
applicant and if the department submits fingerprints to the 171
Department of Law Enforcement for forwarding to the Federal 172
Bureau of Investigation and is awaiting the results of the sta te 173
and national criminal history records check . 174
(c) The department shall seek a court order to immediately 175
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remove the child from the home if the person with whom the child 176
was placed or any other adult household members or visitors of 177
the home fail to provide their fingerprints within 15 calendar 178
days after the name-based check is conducted and such persons 179
are not exempt from a criminal history records check. 180
Section 3. Section 39.5035, Florida Statutes, is created 181
to read: 182
39.5035 Deceased paren ts; special procedures. — 183
(1)(a)1. If both parents of a child are deceased or the 184
last known living parent of a child is deceased and a legal 185
custodian has not been appointed for the child through a probate 186
or guardianship proceeding, then an attorney for the department 187
or any other person who has knowledge of the facts alleged or is 188
informed of the alleged facts, and believes them to be true, may 189
initiate a proceeding by filing a petition for adjudication and 190
permanent commitment. 191
2. If a child has been placed in shelter status by order 192
of the court but has not yet been adjudicated, a petition for 193
adjudication and permanent commitment must be filed within 21 194
days after the shelter hearing. In all other cases, the petition 195
must be filed within a reasonabl e time after the date the 196
petitioner first becomes aware of the facts that support the 197
petition for adjudication and permanent commitment. 198
(b) If both parents die or the last known living parent 199
dies after a child has already been adjudicated dependent, an 200
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attorney for the department or any other person who has 201
knowledge of the facts alleged or is informed of the alleged 202
facts, and believes them to be true, may file a petition for 203
permanent commitment. The petition must be filed within a 204
reasonable time after the petitioner first becomes aware of the 205
facts that support the petition for permanent commitment. 206
(2) The petition must be: 207
(a) In writing, identify the alleged deceased parents, and 208
provide facts that establish that both parents of the child ar e 209
deceased or the last known living parent is deceased and that a 210
legal custodian has not been appointed for the child through a 211
probate or guardianship proceeding. 212
(b) Signed by the petitioner under oath stating the 213
petitioner's good faith in filing the petition. 214
(3) When a petition for adjudication and permanent 215
commitment or a petition for permanent commitment has been 216
filed, the clerk of court must set the case before the court for 217
an adjudicatory hearing. The adjudicatory hearing must be held 218
as soon as practicable after the petition is filed, but no later 219
than 30 days after the filing date. 220
(4) Notice of the date, time, and place of the 221
adjudicatory hearing and a copy of the petition must be served 222
on the following persons: 223
(a) Any person who h as physical custody of the child. 224
(b) A living relative of each parent of the child, unless 225
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a living relative cannot be found after a diligent search or 226
inquiry. 227
(c) The guardian ad litem for the child or the 228
representative of the guardian ad litem pro gram, if the program 229
has been appointed. 230
(5) The court shall conduct adjudicatory hearings without 231
a jury and apply the rules of evidence in use in civil cases, 232
adjourning the hearings as necessary. The court must determine 233
whether the petitioner has est ablished by clear and convincing 234
evidence that both parents of the child are deceased, or that 235
the last known living parent is deceased and the other parent 236
cannot be found after a diligent search or inquiry, and that a 237
legal custodian has not been appoint ed for the child through a 238
probate or guardianship proceeding. A certified copy of the 239
death certificate for each parent is sufficient evidence of the 240
parents' deaths. 241
(6) Within 30 days after an adjudicatory hearing on a 242
petition for adjudication and pe rmanent commitment: 243
(a) If the court finds that the petitioner has met the 244
clear and convincing standard, the court must enter a written 245
order adjudicating the child dependent and permanently 246
committing the child to the custody of the department for the 247
purpose of adoption. A disposition hearing must be scheduled no 248
later than 30 days after the entry of the order, in which the 249
department must provide a case plan that identifies the 250
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permanency goal for the child to the court. Reasonable efforts 251
must be made to place the child in a timely manner in accordance 252
with the permanency plan and to complete all steps necessary to 253
finalize the permanent placement of the child. Thereafter, until 254
the adoption of the child is finalized or the child reaches the 255
age of 18 years, whichever occurs first, the court must hold 256
hearings every 6 months to review the progress being made toward 257
permanency for the child. 258
(b) If the court finds that clear and convincing evidence 259
does not establish that both parents of a child are d eceased, or 260
that the last known living parent is deceased and the other 261
parent cannot be found after a diligent search or inquiry, and 262
that a legal custodian has not been appointed for the child 263
through a probate or guardianship proceeding, but that a 264
preponderance of the evidence establishes that the child does 265
not have a parent or legal custodian capable of providing 266
supervision or care, the court must enter a written order 267
adjudicating the child dependent. A disposition hearing must be 268
scheduled no later than 30 days after the entry of the order as 269
provided in s. 39.521. 270
(c) If the court finds that the petitioner has not met the 271
clear and convincing standard and that a preponderance of the 272
evidence does not establish that the child does not have a 273
parent or legal custodian capable of providing supervision or 274
care, the court must enter a written order so finding and 275
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dismiss the petition. 276
(7) Within 30 days after an adjudicatory hearing on a 277
petition for permanent commitment: 278
(a) If the court finds tha t the petitioner has met the 279
clear and convincing standard, the court must enter a written 280
order permanently committing the child to the custody of the 281
department for purposes of adoption. A disposition hearing must 282
be scheduled no later than 30 days after the entry of the order, 283
in which the department must provide an amended case plan that 284
identifies the permanency goal for the child to the court. 285
Reasonable efforts must be made to place the child in a timely 286
manner in accordance with the permanency plan and to complete 287
all steps necessary to finalize the permanent placement of the 288
child. Thereafter, until the adoption of the child is finalized 289
or the child reaches the age of 18 years, whichever occurs 290
first, the court must hold hearings every 6 months to review the 291
progress being made toward permanency for the child. 292
(b) If the court finds that clear and convincing evidence 293
does not establish that both parents of a child are deceased or 294
that the last known living parent is deceased and the other 295
parent cannot be found after a diligent search or inquiry, the 296
court must enter a written order denying the petition. The order 297
has no effect on the child's prior adjudication. The order does 298
not bar the petitioner from filing a subsequent petition for 299
permanent commitment based on newly discovered evidence that 300
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establishes that both parents of a child are deceased, or that 301
the last known living parent is deceased, and that a legal 302
custodian has not been appointed for the child through a probate 303
or guardianship proceeding. 304
Section 4. Subsection (7) is added to section 39.522, 305
Florida Statutes, to read: 306
39.522 Postdisposition change of custody. — 307
(7) Notwithstanding any other provision of this section, a 308
child's case manager, an authorized agent of the departm ent, or 309
a law enforcement officer may, at any time, remove a child from 310
a court-ordered placement and take the child into custody if the 311
court-ordered caregiver of the child requests immediate removal 312
of the child from the home. Additionally, an authorized agent of 313
the department or a law enforcement officer may, at any time, 314
remove a child from a court -ordered placement and take the child 315
into custody if there is probable cause as required under s. 316
39.401(1)(b). 317
(a) If, at the time of the removal, the ch ild was not 318
placed in licensed care in the department's custody, the 319
department must file a motion to modify placement within 1 320
business day after the child is taken into custody. The court 321
must then set a hearing within 24 hours after the motion is 322
filed unless all of the parties and the current caregiver agree 323
to the change of placement. At the hearing, the court must 324
determine if the department has established probable cause to 325
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support the immediate removal of the child from his or her 326
current placement. The court may base its determination on a 327
sworn petition or affidavit or on testimony and may hear all 328
relevant and material evidence, including oral or written 329
reports, to the extent of their probative value, even if such 330
evidence would not be competent evidence at an adjudicatory 331
hearing. 332
(b) If the court finds that the department did not 333
establish probable cause to support the removal of the child 334
from his or her current placement, the court must enter an order 335
that the child be returned to such placement. An order by the 336
court to return the child to his or her current placement does 337
not preclude a party from filing a subsequent motion pursuant to 338
subsection (2). 339
(c) If the current caregiver admits that a change of 340
placement is needed or the dep artment establishes probable cause 341
to support removal of the child, the court must enter an order 342
changing the placement of the child. The new placement for the 343
child must meet the home study criteria in this chapter if the 344
child is not placed in foster ca re. 345
(d) If the court finds probable cause and modifies the 346
child's placement, the court must conduct a hearing pursuant to 347
subsection (2) or subsection (3), unless such hearing is waived 348
by all parties and the caregiver. 349
Section 5. Paragraph (a) of subsection (1) of section 350
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39.6221, Florida Statutes, is amended to read: 351
39.6221 Permanent guardianship of a dependent child. — 352
(1) If a court determines that reunification or adoption 353
is not in the best interest of the chil d, the court may place 354
the child in a permanent guardianship with a relative or other 355
adult approved by the court if all of the following conditions 356
are met: 357
(a) The child has been in the placement for not less than 358
the preceding 6 months , or the preceding 3 months if the 359
caregiver is already known by the child and such caregiver has 360
been named as the successor guardian on the child's guardianship 361
assistance agreement . 362
Section 6. Subsection (9) of section 39.6225, Florida 363
Statutes, is amended to read: 364
39.6225 Guardianship Assistance Program. — 365
(9) Guardianship assistance payments may not shall only be 366
made for a young adult unless the young adult's whose permanent 367
guardian entered into a guardianship assistance agreement after 368
the child attained 14 16 years of age but before the child 369
attained 18 years of age and if the child is: 370
(a) Completing secondary education or a program leading to 371
an equivalent credential; 372
(b) Enrolled in an institution that provides postsecondary 373
or vocational education; 374
(c) Participating in a program or activity designed to 375
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promote or eliminate barriers to employment; 376
(d) Employed for at least 80 hours per month; or 377
(e) Unable to participate in programs or activities listed 378
in paragraphs (a)-(d) full time due to a p hysical, intellectual, 379
emotional, or psychiatric condition that limits participation. 380
Any such barrier to participation must be supported by 381
documentation in the child's case file or school or medical 382
records of a physical, intellectual, emotional, or psyc hiatric 383
condition that impairs the child's ability to perform one or 384
more life activities. 385
Section 7. Paragraph (d) of subsection (3) of section 386
39.801, Florida Statutes, is redesignated as paragraph (e), and 387
a new paragraph (d) is added to that subsec tion to read: 388
39.801 Procedures and jurisdiction; notice; service of 389
process.— 390
(3) Before the court may terminate parental rights, in 391
addition to the other requirements set forth in this part, the 392
following requirements must be met: 393
(d) Personal appearance of a person at the advisory 394
hearing as provided in s. 39.013(13) obviates the necessity of 395
serving process on that person and the court may proceed with 396
the advisory hearing and any subsequently noticed hearing. 397
Section 8. Subsections (4), (5), and (6) of section 398
39.812, Florida Statutes, are amended to read: 399
39.812 Postdisposition relief; petition for adoption. — 400
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(4) The court shall retain jurisdiction over any child 401
placed in the custody of the department until the child is 402
adopted. After custody of a child for subsequent adoption has 403
been given to the department, the court has jurisdiction for the 404
purpose of reviewing the status of the child and the progress 405
being made toward permanent adoptive placement. As part of this 406
continuing jurisdict ion, for good cause shown by the guardian ad 407
litem for the child, the court may: 408
(a) Review the appropriateness of the adoptive placement 409
of the child if good cause is shown by the guardian ad litem for 410
the child. 411
(b) Review the department's denial of an application to 412
adopt a child. The department's decision to deny an application 413
to adopt a child is only reviewable under this section and is 414
not subject to chapter 120. 415
1. If the department denies an application to adopt a 416
child, the department must f ile written notification of the 417
denial with the court and provide copies to all parties within 418
10 business days after the department's decision. 419
2. A denied applicant may file a motion to have the court 420
review the department's denial within 30 business d ays after the 421
issuance of the department's written notification of its 422
decision to deny the application to adopt a child. The motion to 423
review must allege that the department unreasonably denied the 424
application to adopt and request that the court allow the denied 425
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applicant to file a petition to adopt the child under chapter 63 426
without the department's consent. 427
3. A denied applicant only has standing under this chapter 428
to file a motion to review the department's denial and to 429
present evidence in support of such motion. Such standing is 430
terminated upon the entry of the court's order. 431
4. The court shall hold a hearing within 30 business days 432
after the denied applicant files the motion to review. The court 433
may only consider whether the department's denial of the 434
application is consistent with its policies and if the 435
department made such decision in an expeditious manner. The 436
standard of review is whether the department's denial of the 437
application is an abuse of discretion. 438
5. If the department selected a di fferent applicant to 439
adopt the child, the selected applicant may participate in the 440
hearing as a participant, as defined in s. 39.01, and may be 441
granted leave by the court to be heard without the need to file 442
a motion to intervene. 443
6. Within 15 business days after the conclusion of the 444
hearing, the court must enter a written order denying the motion 445
to review or finding that the department unreasonably denied the 446
application to adopt and authorizing the denied applicant to 447
file a petition to adopt the chi ld under chapter 63 without the 448
department's consent. 449
(5) When a licensed foster parent or court -ordered 450
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custodian has applied to adopt a child who has resided with the 451
foster parent or custodian for at least 6 months and who has 452
previously been permanen tly committed to the legal custody of 453
the department and the department does not grant the application 454
to adopt, the department may not, in the absence of a prior 455
court order authorizing it to do so, remove the child from the 456
foster home or custodian, exce pt when: 457
(a) There is probable cause to believe that the child is 458
at imminent risk of abuse or neglect; 459
(b) Thirty business days have expired following written 460
notice to the foster parent or custodian of the denial of the 461
application to adopt, within which period no formal challenge of 462
the department's decision has been filed; 463
(c) A motion to review the department's denial of an 464
application to adopt a child under paragraph (4)(b) has been 465
denied; or 466
(d)(c) The foster parent or custodian agrees to the 467
child's removal. 468
(6)(5) The petition for adoption must be filed in the 469
division of the circuit court which entered the jud gment 470
terminating parental rights, unless a motion for change of venue 471
is granted pursuant to s. 47.122. A copy of the consent to 472
adoption executed by the department must be attached to the 473
petition, unless such consent is waived under pursuant to s. 474
63.062(7). The petition must be accompanied by a statement, 475
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signed by the prospective adoptive parents, acknowledging 476
receipt of all information required to be disclosed under s. 477
63.085 and a form provided by the department which details the 478
social and medical history of the child and each parent and 479
includes the social security number and date of birth for each 480
parent, if such information is available or readily obtainable. 481
The prospective adoptive parents may not file a petition for 482
adoption until the judgment terminating parental rights becomes 483
final. An adoption proceeding under this subsection is governed 484
by chapter 63. 485
(7)(a)(6)(a) Once a child's adoption is finalized, the 486
community-based care lead agency must make a reasonable effort 487
to contact the adopt ive family by telephone 1 year after the 488
date of finalization of the adoption as a postadoption service. 489
For purposes of this subsection, the term "reasonable effort" 490
means the exercise of reasonable diligence and care by the 491
community-based care lead agen cy to make contact with the 492
adoptive family. At a minimum, the agency must document all of 493
the following: 494
1. The number of attempts made by the community -based care 495
lead agency to contact the adoptive family and whether those 496
attempts were successful .; 497
2. The types of postadoption services that were requested 498
by the adoptive family and whether those services were provided 499
by the community-based care lead agency .; and 500
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3. Any feedback received by the community -based care lead 501
agency from the adoptive fa mily relating to the quality or 502
effectiveness of the services provided. 503
(b) The community-based care lead agency must report 504
annually to the department on the outcomes achieved and 505
recommendations for improvement under this subsection. 506
Section 9. Subsection (7) of section 63.062, Florida 507
Statutes, is amended to read: 508
63.062 Persons required to consent to adoption; affidavit 509
of nonpaternity; waiver of venue. — 510
(7) If parental rights to the minor have previously been 511
terminated, the adoption entity w ith which the minor has been 512
placed for subsequent adoption may provide consent to the 513
adoption. In such case, no other consent is required. If the 514
minor has been permanently committed to the department for 515
subsequent adoption, the department must consent to the adoption 516
or the court order finding that the department unreasonably 517
denied the application to adopt entered under s. 39.812(4) must 518
be attached to the petition to adopt, and The consent of the 519
department shall be waived upon a determination by the court 520
that such consent is being unreasonably withheld and if the 521
petitioner must file has filed with the court a favorable 522
preliminary adoptive home study as required under s. 63.092. 523
Section 10. Subsections (4) and (5) of section 63.093, 524
Florida Statutes, are amended, and subsection (6) is added to 525
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that section, to read: 526
63.093 Adoption of children from the child welfare 527
system.— 528
(4) Before a child is placed in an adoptive home, t he 529
community-based care lead agency or its subcontracted agency 530
must complete an adoptive home study of a prospective adoptive 531
parent that includes observation, screening, and evaluation of 532
the child and the prospective adoptive parent. An adoptive home 533
study must be updated every is valid for 12 months after the 534
date on which the first study was approved. If the child was 535
placed before the termination of parental rights, the updated 536
placement or licensing home study may serve as the adoption home 537
study. In addition, the community -based care lead agency or its 538
subcontracted agency must complete a preparation process, as 539
established by department rule, with the prospective adoptive 540
parent. 541
(5) At the conclusion of the adoptive home study and 542
preparation process, a decision must shall be made about the 543
prospective adoptive parent's appropriateness to adopt. This 544
decision must shall be reflected in the final recommendation 545
included in the adoptive home study. If the recommendation is 546
for approval, the adoptive parent application file must be 547
submitted to the community -based care lead agency or its 548
subcontracted agency for approval. The community -based care lead 549
agency or its subcontracted agency must approve or deny the home 550
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study within 14 business days after receipt of the 551
recommendation. 552
(6) The department shall adopt rules to eliminate 553
duplicative practices and delays in the adoption home study 554
process for a member of a uniformed service on active duty 555
seeking to adopt in the state, including, but not limi ted to, 556
providing a credit for adoption classes that have been taken in 557
another state which substantially cover the preservice training 558
required under s. 409.175(14)(b). 559
560
Notwithstanding subsections (1) and (2), this section does not 561
apply to a child adopt ed through the process provided in s. 562
63.082(6). 563
Section 11. Subsections (1), (3), and (4) and paragraph 564
(c) of subsection (5) of section 63.097, Florida Statutes, are 565
amended, and subsection (7) is added to that section, to read: 566
63.097 Fees.— 567
(1) When the adoption entity is an agency, fees may be 568
assessed if such fees they are approved by the department within 569
the process of licensing the agency and if such fees they are 570
for: 571
(a) Foster care expenses .; 572
(b) Preplacement and postplacement social services.; and 573
(c) Agency facility and administrative costs. 574
(3) The court must issue an order pursuant to s. 63.132(3) 575
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if Approval of the court is not required until the total of 576
amounts permitted under subsection (2) exceeds: 577
(a) $5,000 in legal o r other professional fees; 578
(b) $800 in court costs; or 579
(c) $5,000 in reasonable and necessary living and medical 580
expenses. 581
(4) Any fees, costs, or expenses not included in 582
subsection (2) or prohibited under subsection (5) require court 583
approval and entry of an order pursuant to s. 63.132(3) before 584
prior to payment and must be based on a finding of extraordinary 585
circumstances. 586
(5) The following fees, costs, and expenses are 587
prohibited: 588
(c) Any fee on the affidavit which is not a fee of the 589
adoption entity, is not supported by a receipt, does not specify 590
the service that was provided and for which the fee is being 591
charged, such as a fee for facilitation, acquisition, or other 592
similar service, or which does not identify the date the service 593
was provided, the time required to provide the service, the 594
person or entity providing the service, and the hourly fee 595
charged. 596
(7) Beginning January 1, 2025, an adoption entity shall 597
report quarterly to the department information related to the 598
age, race, ethnicity, sex, and county of birth of the adopted 599
child and the county of residence of the adoptive family for 600
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each finalized adoption. The adoption entity shall also report 601
for each finalized adoption the fees, costs, and expenses that 602
were assessed by the ado ption entity or paid by the adoption 603
entity on behalf of the prospective adoptive parents, itemized 604
by the categories enumerated in subsection (2), and any fees, 605
costs, and expenses approved by the court under subsection (4). 606
The confidentiality provisions of this chapter do not apply to 607
the fees, costs, and expenses assessed or paid in connection 608
with an adoption. In reporting the information required by this 609
subsection to the department, the adoption entity shall redact 610
any confidential identifying inform ation concerning the child, 611
the child's biological parents, and the child's adoptive 612
parents. The department shall report quarterly on its website 613
information for each adoption entity including the actual fees, 614
costs, and expenses of finalized adoptions. T he department shall 615
adopt rules to implement this subsection. 616
Section 12. Subsection (3) of section 63.132, Florida 617
Statutes, is amended to read: 618
63.132 Affidavit of expenses and receipts. — 619
(3) The court must issue a separate order approving or 620
disapproving the fees, costs, and expenses itemized in the 621
affidavit. The court may approve only fees, costs, and 622
expenditures allowed under s. 63.097. An order approving fees, 623
costs, and expenses that exceed the limits set forth in s. 624
63.097 must include a w ritten determination of reasonableness. 625
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The court may reject in whole or in part any fee, cost, or 626
expenditure listed if the court finds that the expense is any of 627
the following: 628
(a) Contrary to this chapter. 629
(b) Not supported by a receipt , if requested, if the 630
expense is not a fee of the adoption entity. 631
(c) Not a reasonable fee or expense, considering the 632
requirements of this chapter and the totality of the 633
circumstances. 634
Section 13. Paragraph (g) of subsection (1) of section 635
63.212, Florida Statutes, is amended to read: 636
63.212 Prohibited acts; penalties for violation. — 637
(1) It is unlawful for any person: 638
(g) Except an adoption entity, to place an advertisement 639
or offer to the public, in any way, by any medium whatever that 640
a minor is available for adoption or that a minor is sought for 641
adoption; and, further, it is unlawful for any person purchasing 642
advertising space or purchasing broadcast time to advertise 643
adoption services to fail to include in any publication or fail 644
to include in the br oadcast for such advertisement the Florida 645
license number of the adoption entity or The Florida Bar number 646
of the attorney placing the advertisement. This prohibition 647
applies, but is not limited, to a paid advertisement, an 648
article, a notice, or any other paid communication published in 649
any newspaper or magazine, or on the Internet, on a billboard, 650
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over radio or television, or other similar media. 651
1. Only a person who is an attorney licensed to practice 652
law in this state or an adoption entity licensed und er the laws 653
of this state may place an a paid advertisement in this state or 654
paid listing of the person's telephone number, on the person's 655
own behalf, in a telephone directory that: 656
a. A child is offered or wanted for adoption; or 657
b. The person is abl e to place, locate, or receive a child 658
for adoption. 659
2. A person who publishes a telephone directory , 660
newspaper, magazine, billboard, or any other written 661
advertisement that is distributed in this state must shall 662
include, at the beginning of any classif ied heading for adoption 663
and adoption services, a statement that informs directory users 664
that only attorneys licensed to practice law in this state and 665
licensed adoption entities licensed under the laws of this state 666
may legally provide adoption services u nder state law. 667
3. A person who places an advertisement described in 668
subparagraph 1. in a telephone directory must include the 669
following information: 670
a. For an attorney licensed to practice law in this state, 671
the person's Florida Bar number. 672
b. For a child-placing agency licensed under the laws of 673
this state, the number on the person's adoption entity license. 674
Section 14. Paragraph (a) of subsection (2) and paragraph 675
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(a) of subsection (3) of section 409.1451, Florida Statutes, are 676
amended to read: 677
409.1451 The Road-to-Independence Program. — 678
(2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT. — 679
(a) A young adult is eligible for services and support 680
under this subsection if he or she: 681
1. Was living in licensed care on his or her 18th birthday 682
or is currently living in licensed care; or was at least 14 16 683
years of age and was adopted from foster care or placed with a 684
court-approved dependency guardian after spending at least 6 685
months in licensed care within the 12 months immediately 686
preceding such placement or adoption; 687
2. Spent at least 6 months in licensed care before 688
reaching his or her 18th birthday; 689
3. Earned a standard high school diploma pursuant to s. 690
1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent 691
pursuant to s. 1003.435 ; 692
4. Has been admitted for enrollment as a full -time student 693
or its equivalent in an eligible postsecondary educational 694
institution as provided in s. 1009.533. For purposes of this 695
section, the term "full -time" means 9 credit hours or the 696
vocational school equivalent. A student may enroll part -time if 697
he or she has a recognized disability or is faced with another 698
challenge or circumstance that would prevent full -time 699
attendance. A student needing to enroll part -time for any reason 700
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other than having a reco gnized disability must get approval from 701
his or her academic advisor; 702
5. Has reached 18 years of age but is not yet 23 years of 703
age; 704
6. Has applied, with assistance from the young adult's 705
caregiver and the community -based lead agency, for any other 706
grants and scholarships for which he or she may qualify; 707
7. Submitted a Free Application for Federal Student Aid 708
which is complete and error free; and 709
8. Signed an agreement to allow the department and the 710
community-based care lead agency access to sch ool records. 711
(3) AFTERCARE SERVICES. — 712
(a)1. Aftercare services are available to a young adult 713
who has reached 18 years of age but is not yet 23 years of age 714
and is: 715
a. Not in foster care. 716
b. Temporarily not receiving financial assistance under 717
subsection (2) to pursue postsecondary education. 718
2. Subject to available funding, aftercare services as 719
specified in subparagraph (b)8. are also available to a young 720
adult who is between the ages of 18 and 22 and: 721
a., Is receiving financial assistance und er subsection 722
(2), is experiencing an emergency situation, and whose resources 723
are insufficient to meet the emergency situation. Such 724
assistance shall be in addition to any amount specified in 725
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paragraph (2)(b), or 726
b. Is eligible for the Extended Guardian ship Assistance 727
Program under s. 39.6225(9) or the extended adoption assistance 728
program under s. 409.166(4), but is not participating in either 729
program. 730
Section 15. Paragraph (d) of subsection (4) of section 731
409.166, Florida Statutes, is amended to rea d: 732
409.166 Children within the child welfare system; adoption 733
assistance program.— 734
(4) ADOPTION ASSISTANCE. — 735
(d) Effective January 1, 2019, adoption assistance 736
payments may be made for a child whose adoptive parent entered 737
into an initial adoption as sistance agreement after the child 738
reached 14 16 years of age but before the child reached 18 years 739
of age. Such payments may be made until the child reaches age 21 740
if the child is: 741
1. Completing secondary education or a program leading to 742
an equivalent credential; 743
2. Enrolled in an institution that provides postsecondary 744
or vocational education; 745
3. Participating in a program or activity designed to 746
promote or eliminate barriers to employment; 747
4. Employed for at least 80 hours per month; or 748
5. Unable to participate in programs or activities listed 749
in subparagraphs 1.-4. full time due to a physical, an 750
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intellectual, an emotional, or a psychiatric condition that 751
limits participation. Any such barrier to participation must be 752
supported by documentatio n in the child's case file or school or 753
medical records of a physical, an intellectual, an emotional, or 754
a psychiatric condition that impairs the child's ability to 755
perform one or more life activities. 756
Section 16. Section 409.1664, Florida Statutes, is amended 757
to read: 758
409.1664 Adoption benefits for qualifying adoptive 759
employees of state agencies, veterans, servicemembers, and law 760
enforcement officers , health care practitioners, and tax 761
collector employees.— 762
(1) As used in this section, the term: 763
(a) "Child within the child welfare system" has the same 764
meaning as provided in s. 409.166(2). 765
(b) "Health care practitioner" means a person listed in s. 766
456.001(4) who holds an active license from the Department of 767
Health and whose gross income does not exceed $150,000 per year. 768
(c)(b) "Law enforcement officer" has the same meaning as 769
provided in s. 943.10(1). 770
(d)(c) "Qualifying adoptive employee" means a full -time or 771
part-time employee of a state agency, a charter school 772
established under s. 1002.33 , or the Florida Virtual School 773
established under s. 1002.37, who is not an independent 774
contractor and who adopts a child within the child welfare 775
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system pursuant to chapter 63 on or after July 1, 2015. The term 776
includes instructional personnel, as defined in s. 1012.01, who 777
are employed by the Florida School for the Deaf and the Blind, 778
and includes other-personal-services employees who have been 779
continuously employed full time or part time by a state agency 780
for at least 1 year. 781
(e)(d) "Servicemember" has the same meaning as in s. 782
250.01(19). 783
(f)(e) "State agency" means a branch, department, or 784
agency of state government for which the Chief Financial Officer 785
processes payroll requisitions, a state university or Florida 786
College System institution as defin ed in s. 1000.21, a school 787
district unit as defined in s. 1001.30, or a water management 788
district as defined in s. 373.019. 789
(g) "Tax collector employee" means an employee of an 790
office of county tax collector in the state. 791
(h)(f) "Veteran" has the same meaning as in s. 1.01(14). 792
(2) A qualifying adoptive employee, veteran, law 793
enforcement officer, health care practitioner, tax collector 794
employee, or servicemember who adopts a child within the child 795
welfare system who is difficu lt to place as described in s. 796
409.166(2)(d)2. is eligible to receive a lump -sum monetary 797
benefit in the amount of $25,000 $10,000 per such child, subject 798
to applicable taxes. A law enforcement officer who adopts a 799
child within the child welfare system who is difficult to place 800
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as described in s. 409.166(2)(d)2. is eligible to receive a 801
lump-sum monetary benefit in the amount of $25,000 per such 802
child, subject to applicable taxes. A qualifying adoptive 803
employee, veteran, law enforcement officer, health care 804
practitioner, tax collector employee, or servicemember who 805
adopts a child within the child welfare system who is not 806
difficult to place as described in s. 409.166(2)(d)2. is 807
eligible to receive a lump -sum monetary benefit in the amount of 808
$10,000 $5,000 per such child, subject to applicable taxes. A 809
law enforcement officer who adopts a child within the child 810
welfare system who is not difficult to place as described in s. 811
409.166(2)(d)2. is eligible to receive a lump -sum monetary 812
benefit in the amount of $1 0,000 per each such child, subject to 813
applicable taxes. A qualifying adoptive employee of a charter 814
school or the Florida Virtual School may retroactively apply for 815
the monetary benefit provided in this subsection if such 816
employee was employed by a charter school or the Florida Virtual 817
School when he or she adopted a child within the child welfare 818
system pursuant to chapter 63 on or after July 1, 2015. A 819
veteran or servicemember may apply for the monetary benefit 820
provided in this subsection if he or she is domiciled in this 821
state and adopts a child within the child welfare system 822
pursuant to chapter 63 on or after July 1, 2020. A law 823
enforcement officer may apply for the monetary benefit provided 824
in this subsection if he or she is domiciled in this state and 825
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adopts a child within the child welfare system pursuant to 826
chapter 63 on or after July 1, 2022. A health care practitioner 827
or tax collector employee may apply for the monetary benefit 828
provided in this subsection if he or she is domiciled in this 829
state and adopts a child within the child welfare system 830
pursuant to chapter 63 on or after July 1, 2024. 831
(a) Benefits paid to a qualifying adoptive employee who is 832
a part-time employee must be prorated based on the qualifying 833
adoptive employee's full -time equivalency at the time of 834
applying for the benefits. 835
(b) Monetary benefits awarded under this subsection are 836
limited to one award per adopted child within the child welfare 837
system. 838
(c) The payment of a lump -sum monetary benefit for 839
adopting a child within t he child welfare system under this 840
section is subject to a specific appropriation to the department 841
for such purpose. 842
(3) A qualifying adoptive employee must apply to his or 843
her agency head, or to his or her school director in the case of 844
a qualifying adoptive employee of a charter school or the 845
Florida Virtual School, to obtain the monetary benefit provided 846
in subsection (2). A veteran , or servicemember, or tax collector 847
employee must apply to the department to obtain the benefit. A 848
law enforcement offic er must apply to the Department of Law 849
Enforcement to obtain the benefit. A health care practitioner 850
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must apply to the Department of Health to obtain the benefit. 851
Applications must be on forms approved by the department and 852
must include a certified copy of the final order of adoption 853
naming the applicant as the adoptive parent. Monetary benefits 854
shall be approved on a first -come, first-served basis based upon 855
the date that each fully completed application is received by 856
the department. 857
(4) This section do es not preclude a qualifying adoptive 858
employee, veteran, servicemember, health care practitioner, tax 859
collector employee, or law enforcement officer from receiving 860
adoption assistance for which he or she may qualify under s. 861
409.166 or any other statute th at provides financial incentives 862
for the adoption of children. 863
(5) Parental leave for a qualifying adoptive employee must 864
be provided in accordance with the personnel policies and 865
procedures of his or her employer. 866
(6) The department may adopt rules to administer this 867
section. The rules may provide for an application process such 868
as, but not limited to, an open enrollment period during which 869
qualifying adoptive employees, veterans, servicemembers, health 870
care practitioners, tax collector employees, or law enforcement 871
officers may apply for monetary benefits under this section. 872
(7) The Chief Financial Officer shall disburse a monetary 873
benefit to a qualifying adoptive employee upon the department's 874
submission of a payroll requisition. The Chief Financial Officer 875
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shall transfer funds from the department to a state university, 876
a Florida College System institution, a school district unit, a 877
charter school, the Florida Virtual School, or a water 878
management district, as appropriate, to enable payment to the 879
qualifying adoptive employee through the payroll systems as long 880
as funds are available for such purpose. 881
(8) To receive an approved monetary benefit under this 882
section, a veteran or servicemember must be registered as a 883
vendor with the state. 884
(9) Each state agency shall develop a uniform procedure 885
for informing employees about this benefit and for assisting the 886
department in making eligibility determinations and processing 887
applications. Any procedure adopted by a state agency is valid 888
and enforceable if the procedure does not conflict with the 889
express terms of this section. 890
Section 17. Subsections (1) through (4) of section 891
409.167, Florida Statutes, are amended to read: 892
409.167 Statewide adoption exchange; establishment; 893
responsibilities; registrat ion requirements; rules. — 894
(1) The Department of Children and Families shall 895
establish, either directly or through purchase, a statewide 896
adoption exchange, with a photo listing component, which serves 897
shall serve all authorized licensed child -placing agencies in 898
the state as a means of recruiting adoptive families for 899
children who have been legally freed for adoption and who have 900
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been permanently placed with the department or a licensed child -901
placing agency. The statewide adoption exchange must shall 902
provide, in accordance with rules adopted by the department, a 903
description and photo listing component of each child 904
descriptions and photographs of such children , as well as any 905
other information deemed useful in the recruitment of adoptive 906
families for each child. The photo listing component of the 907
statewide adoption exchange must be updated monthly and may not 908
be accessible to the public, except to persons who h ave 909
completed or are in the process of completing an adoption home 910
study. 911
(2)(a) Each district of the department shall refer each 912
child in its care who has been legally freed for adoption to the 913
statewide adoption exchange no later than 30 days after the date 914
of acceptance by the department for permanent placement. The 915
referral must be accompanied by a photo listing component 916
photograph and description of the child. Any child who is 12 917
years of age or older may request that a specific photo be used 918
for that child's photo listing component and such child must be 919
consulted during the development of his or her description. 920
(b) The department shall establish criteria by which a 921
district may determine that a child need not be registered with 922
the statewide adoption exchange. Within 30 days after the date 923
of acceptance by the department for permanent placement, the 924
name of the child accepted for permanent placement must be 925
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forwarded to the statewide adoption exchange by the district 926
together with reference to th e specific reason why the child 927
should not be placed on the statewide adoption exchange. If the 928
child has not been placed for adoption within 3 months after the 929
date of acceptance by the department for permanent placement, 930
the district must shall provide the statewide adoption exchange 931
with the necessary photograph and information for registration 932
of the child with the statewide adoption exchange and the child 933
must shall be placed on the statewide adoption exchange. The 934
department shall establish procedures for monitoring the status 935
of children who are not placed on the statewide adoption 936
exchange within 30 days after the date of acceptance by the 937
department for permanent placement. 938
(3) In accordance with rules established by the 939
department, the statewide adoption exchange may accept, from 940
licensed child-placing agencies, information pertaining to 941
children meeting the criteria of this section, and to 942
prospective adoptive families, for registration with the 943
statewide adoption exchange. 944
(4) For purposes of facilitating family-matching between 945
children and prospective adoptive parents, the statewide 946
adoption exchange must shall provide the photo listing component 947
service to all licensed child -placing agencies and, in 948
accordance with rules adopted established by the department, to 949
all appropriate citizen groups and other organizations and 950
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associations interested in children's services. The photo 951
listing component of the statewide adoption exchange may not be 952
accessible to the public, except to persons who have completed 953
or are in the process of completing an adoption home study. 954
Section 18. This act shall take effect July 1, 2024. 955