This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1083a.APC
DATE: 2/13/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1083 Permanency for Children
SPONSOR(S): Children, Families & Seniors Subcommittee, Trabulsy and Abbott
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1486
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Children, Families & Seniors Subcommittee 16 Y, 0 N, As CS DesRochers Brazzell
2) Appropriations Committee Fontaine Pridgeon
3) Health & Human Services Committee
SUMMARY ANALYSIS
When child welfare necessitates that the Florida Department of Children and Families (DCF) remove a child
from the home, a series of dependency court proceedings must occur to adjudicate the child dependent, place
that child in out-of-home care, and achieve a permanency outcome for the child in the form of reunification, a
permanent guardian, adoption, or another permanent living arrangement. For young adults who have aged out
of foster care, extended foster care is available for a period of time or independent living programs are
available to help the young adult transition into adulthood.
CS/HB 1083 makes the adoption process more efficient and less costly while reducing barriers to permanency.
Additionally, the bill enhances protections for children from potentially unsafe placements and expands
financial assistance options for children who are adopted or placed in permanent guardianships as younger
teens. The bill addresses the following topics:
Permanency: Makes several changes to streamline permanency by creating a legal process for orphaned
children, requiring that a child knows the successor guardian, provides flexibility for service of process in
termination of parental rights advisory hearings, ensures safe and appropriate placements, and restricts
access to the statewide adoption exchange.
Adoption Proceedings: Shifts judicial review of DCF’s decision on an adoption application from a separate
administrative process to the dependency court.
Criminal History Checks for Child Placements: Defines the scope of individuals subject to a fingerprint-based
background records check for child placements, which will bring the state into compliance with Federal
regulations and maintain DCF’s expedited access to the Federal Bureau of Intelligence (FBI)’s criminal history
records database.
Independent Living Expansion: Expands the criteria for Post-Secondary Education and Support (PESS),
Aftercare, and Extended Guardianship and Adoption Assistance Programs, to make it easier for young adults
aged 18 to 23 who have been in foster care system to receive benefits as they transition to independence.
The bill has a significant negative fiscal impact on state government and no fiscal impact on local government.
The bill provides an effective date of July 1, 2024.
STORAGE NAME: h1083a.APC PAGE: 2
DATE: 2/13/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Florida’s Child Welfare System
Chapter 39, F.S., creates the dependency system charged with protecting child welfare. The Florida
Legislature has declared four main purposes of the dependency system:
1
to provide for the care, safety, and protection of children in an environment that fosters healthy
social, emotional, intellectual, and physical development;
to ensure secure and safe custody;
to promote the health and well-being of all children under the state’s care; and
to prevent the occurrence of child abuse, neglect, and abandonment.
Florida’s dependency system identifies children and families in need of services through reports to the
central abuse hotline and child protective investigations. The Department of Children and Families
(DCF) works with those families to address the problems endangering children, if possible. DCF’s
practice model is based on the safety of the child within the home by using in-home services, such as
parenting coaching and counseling, to maintain and strengthen that child’s natural supports in his or
her environment. If the problems are not addressed, the child welfare system finds safe out-of-home
placements for these children.
DCF contracts with community-based care lead agencies (CBCs) for case management, out-of-home
services, and related services. The outsourced provision of child welfare services is intended to
increase local community ownership of service delivery and design. CBCs in turn contract with a
number of subcontractors for case management and direct care services to children and their families.
DCF remains responsible for a number of child welfare functions, including operating the central abuse
hotline, performing child protective investigations, and providing children’s legal services.
2
Ultimately,
DCF is responsible for program oversight and the overall performance of the child welfare system.
3
During state fiscal year (SFY) 2022-23, there were a total of 339,728 child abuse reports and child
special conditions contacts for potential child abuse and neglect, and 63% percent of those contacts
were screened in because they met criteria to trigger an investigation or assessment.
4
1
S. 39.001(1)(a), F.S.
2
OPPAGA, report 06-50.
3
Id.
4
Florida Department of Children and Families, Child Welfare Key Indicators Monthly Report October 2023: A Results-Oriented
Accountability Report, Office of Child Welfare, p. 9 (Oct. 2023), https://www.myflfamilies.com/sites/default/files/2023-
11/KI_Monthly_Report_Oct2023.pdf (last visited Dec. 1, 2023). STORAGE NAME: h1083a.APC PAGE: 3
DATE: 2/13/2024
Also for SFY 2022-23, DCF’s permanency report describes Florida’s performance for three cohorts of
children who entered care (children in care less than 12 months; children in care 12-23 months; and
children in care 24 months or longer).
5
As the chart below illustrates, Florida’s performance for each
cohort generally declined over the past several years, with state’s performance in achieving
permanency for children in care less than 12 months declining over 25%.
6
Dependency Case Process
5
Florida Department of Children and Families, Results-Oriented Accountability 2023 Annual Performance Report, Office of Quality and
Innovation, p. 26, (Nov. 21, 2023), https://www.myflfamilies.com/sites/default/files/2023-
11/ROA%20Annual%20Performance%20Report%202022 -23.pdf (last visited Dec. 1, 2023).
6
Id. STORAGE NAME: h1083a.APC PAGE: 4
DATE: 2/13/2024
When child welfare necessitates that DCF remove a child from the home, a series of dependency court
proceedings must occur to adjudicate the child dependent and place that child in out-of-home care.
Steps in the dependency process may include:
A report to the central abuse hotline.
A child protective investigation to determine the safety of the child.
The court finding the child dependent.
Case planning for the parents to address the problems resulting in their child’s dependency.
Placement in out-of-home care, if necessary.
Reunification with the child’s parent or another option to establish permanency, such as
adoption after termination of parental rights.
7
The Dependency Court Process
Dependency
Proceeding
Description of Process
Controlling
Statute
Removal
A child protective investigation determines the child’s home is unsafe, and the
child is removed.
s. 39.401, F.S.
Shelter
Hearing
A shelter hearing occurs within 24 hours after removal. The judge determines
whether to keep the child out-of-home.
s. 39.401, F.S.
Petition for
Dependency
A petition for dependency occurs within 21 days of the shelter hearing. This
petition seeks to find the child dependent.
s. 39.501, F.S.
Arraignment
Hearing and
Shelter Review
An arraignment and shelter review occurs within 28 days of the shelter
hearing. This allows the parent to admit, deny, or consent to the allegations
within the petition for dependency and allows the court to review any shelter
placement.
s. 39.506, F.S.
Adjudicatory
Trial
An adjudicatory trial is held within 30 days of arraignment. The judge
determines whether a child is dependent during trial.
s. 39.507, F.S.
Disposition
Hearing
If the child is found dependent, disposition occurs within 15 days of
arraignment or 30 days of adjudication. The judge reviews the case plan and
placement of the child. The judge orders the case plan for the family and the
appropriate placement of the child.
s. 39.506, F.S.
s. 39.521, F.S.
Postdisposition
hearing
The court may change temporary placement at a postdisposition hearing any
time after disposition but before the child is residing in the permanent
placement approved at a permanency hearing.
s. 39.522, F.S.
Judicial
Review
Hearings
The court must review the case plan and placement every 6 months, or upon
motion of a party.
s. 39.701, F.S.
Petition for
Termination of
Parental Rights
Once the child has been out-of-home for 12 months, if DCF determines that
reunification is no longer a viable goal, termination of parental rights is in the
best interest of the child, and other requirements are met, a petition for
termination of parental rights is filed.
s. 39.802, F.S.
s. 39.8055,
F.S.
s. 39.806, F.S.
s. 39.810, F.S.
Advisory
Hearing
This hearing is set as soon as possible after all parties have been served with
the petition for termination of parental rights. The hearing allows the parent to
admit, deny, or consent to the allegations within the petition for termination of
parental rights.
s. 39.808, F.S.
7
The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing
the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children. S. 63.022, F.S. STORAGE NAME: h1083a.APC PAGE: 5
DATE: 2/13/2024
Adjudicatory
Hearing
An adjudicatory trial shall be set within 45 days after the advisory hearing. The
judge determines whether to terminate parental rights to the child at this trial.
s. 39.809, F.S.
The Florida Supreme Court’s Florida Rules of Juvenile Procedure control procedural matters for
Chapter 39 dependency proceedings unless otherwise provided by law.
8
DCF personally serves the
parent(s) with a physical copy of the petition of dependency. Service of process gives the opposing
party notice of the proceedings so that they may be given the opportunity to offer a defense.
9
Without
proper service of process, the court lacks personal jurisdiction over the opposing party.
10
However, under s. 39.502(2), F.S., a personal appearance by any person in a dependency hearing
before the court, such as an arraignment, excuses DCF from having to serve process on that person.
11
Effective October 1, 2022, the Florida Supreme Court amended the Florida Rules of Juvenile
Procedure to authorize personal appearances via audio-video communication technology in
dependency hearings.
12
Therefore, in dependency proceedings, a personal appearance, whether in-
person or remote, waives the formal service of process.
However, these court amendments preserved the personal service requirement in hearings for the
termination of parental rights (TPR),
13
and s. 39.801(3), F.S., still requires personal service upon a
parent in a TPR advisory hearing.
14
Thus, even if a parent attends the TPR advisory hearing, the court
cannot conduct the hearing until DCF personally serves that parent. Previously, when TPR advisory
hearings were routinely held in person, this was resolved when DCF personally served the physically-
present parent with a physical copy of the petition in the courtroom. However, TPR advisory are now
routinely conducted remotely by audio-video communication technology. As a result, DCF staff are not
physically present with the parent to serve him or her, and DCF must request continuances from the
court until it can complete service by a formal process service—even if the parent is simultaneously
attending that TPR hearing remotely.
Permanency Placements
Approximately 59,000 children statewide receive child welfare services. Of those children, roughly 48
percent are in in-home care and 52 percent are in out-of-home care.
15
While these children receive in-
home or out-of-home care, which are both temporary solutions by design, DCF develops a permanency
plan for each child. Current law specifies the following permanency goals, listed in order of preference:
Reunification with the child’s family;
Adoption, if a petition for termination of parental rights has been or will be filed;
Permanent guardianship under s. 39.6221, F.S.;
Permanent placement with a fit and willing relative under s. 39.6231, F.S.; or
Placement in another planned permanent living arrangement under s. 39.6241, F.S.
16
During SFY 2022-2023, 10,686 children exited out-of-home care. The table below shows the number
placement type.
Permanency Placements SFY 2022-2023
17
8
S. 39.013(1), F.S.; Fla. R. Juv. P. 8.000.
9
M.J.W. v. Fla. Dep’t of Children and Families, 825 So.2d 1038, 1041 (Fla. 1st DCA 2002).
10
Id.
11
S. 39.502(2), F.S.; Fla. R. Juv. P. 8225(a)(3)(C).
12
In re Amendments to Florida Rules of Juvenile Procedure, Florida Family Law Rules of Procedure, and Florida Supreme Court
Approved Family Law Forms, 356 So.3d 685, 686 (Fla. 2022).
13
Id. at Appendix, Rule 8.505. Process and Service.
14
S. 39.801(3)(b), F.S.
15
Supra, FN 4.
16
S. 39.621(3), F.S. STORAGE NAME: h1083a.APC PAGE: 6
DATE: 2/13/2024
Reunification Adoption Permanent Guardianship Permanent Placement with a fit and
willing relative or in another planned
permanent living arrangement
4,645 3,521 1,926 594
Some children living in DCF licensed care do not receive a permanent placement and age out of the
system. For a child living in DCF licensed care who reaches age 18 without achieving permanency, the
current law gives these young adults the option to remain in DCF licensed care under judicial
supervision. If these young adults decide not to continue receiving Extended Foster Care services, then
these young adults must actively participate in any one of four self-sufficiency activities:
1. Completing secondary education or a program leading to an equivalent credential;
2. Being enrolled in an institution that provides postsecondary or vocational education;
3. Participating in a program or activity designed to promote or eliminate barriers to employment;
or
4. Being employed for at least 80 hours per month.
However, the young adult may be excused from the self-sufficiency activities if the young adult
documents a physical, intellectual, emotional, or a psychiatric condition that limits the young adult’s full-
time participation.
18
The young adult loses eligibility to remain in DCF licensed care on the young adult’s 21
st
birthday (or
22
nd
for those with disabilities), leave care to live in a permanent home consistent with the young adult’s
permanency plan, or knowingly and voluntarily withdraws consent to participate in extended care.
19
Background Checks Prior to Child Placement
DCF may not place a child with a person, other than a parent, if the criminal history records check
reveals that the person has certain felony convictions.
20
Additionally, DCF considers the criminal history
of other individuals present in that person’s home.
To determine whether any of these individuals have a disqualifying criminal history, DCF conducts a
records check. The nature of the review and the standards for placement depend on the age of the
individual and the nature of their presence in the home and whether they provide care to the child.
These requirements are codified in statute and in rule.
When DCF scrutinizes a proposed placement of a child, under s. 39.0138(1), DCF must conduct a
records check of household members.
21
DCF rule defines a “household member” as “any person who
resides in a household, including the caregiver, other family members residing in the home, and adult
visitors to the home who provide care of the child outside the parent’s sight and/or sound
supervision.”
22
At a minimum, DCF must conduct records checks for all household members 12 years of age and older
through the State Automated Child Welfare Information System (SACWIS), a local law enforcement
17
Office of Child Welfare Performance and Quality Improvement, Child Welfare Key Indicators Monthly Report, October 2023, Florida
Department of Children and Families, (Oct. 2023) https://www.myflfamilies.com/sites/default/files/2023-
11/KI_Monthly_Report_Oct2023.pdf (last visited Jan. 16, 2024). DCF did not breakdown the numbers for permanent placement with a
fit and willing relative or placement in another planned permanent living arrangement.
18
S. 39.6251(1)-(4), F.S.
19
S. 39.6251(5), F.S.
20
Child abuse, abandonment, neglect, domestic violence, child pornography or other felony in which a child was a victim of the offense,
homicide, or sexual battery. Violent felonies are also automatically disqualifying offenses unless the violent felony was felony assault of
an adult, felony battery of an adult, or resisting arrest with violence. For these violent felony exceptions, DCF may not place a child with
that person, other than a parent, if the felony conviction was within the previous 5 years. Also, a drug-related felony conviction within
the previous 5 years subjects the person convicted, other than a parent, to a moratorium on placement approvals.
21
S. 39.0138(1), F.S.
22
65C-30.001(59), F.A.C. STORAGE NAME: h1083a.APC PAGE: 7
DATE: 2/13/2024
agency, and a statewide law enforcement agency.
23
For all household members age 18 or older, a
name check through the National Crime Information Center must be performed when there are exigent
circumstances which demand an emergency placement within 72 hours.
24
In addition, an out-of-state
criminal history records check is mandatory for all household members 18 years of age and older who
resided in another state.
25
At DCF’s discretion, a criminal history records check may include a Level 2
screening and a local criminal records check through local law enforcement agencies of other visitors to
the home of the proposed placement.
26
DCF must complete the records check with 14 business days after receiving a person’s criminal history
results, unless additional information is required to complete the processing.
27
Applicants must also
disclose to DCF any prior or pending local, state, or national criminal proceeding in they are or were
involved.
28
Florida statute authorizes DCF to place a child in a home that otherwise meets placement requirements
if a name check of state and local criminal history records systems does not disqualify the applicant.
29
But first, DCF must submit fingerprints to FDLE for FBI review and must be awaiting the results of the
state and national criminal history records check.
30
The FBI’s Criminal Justice Information Law Unit (CJILU) previously authorized access for DCF to
conduct fingerprint-based background checks for child placements. In 2020, CJILU deemed s. 39.0138,
F.S. inadequate because it found the term “visitor” in the definition of “household member” in DCF rule
to be overly broad and the timeframes governing fingerprint-based background checks were not
explicitly stated. While DCF retains temporary access to FBI criminal history record information
because of a grace period, s. 39.0138, F.S., must be brought into compliance by January 1, 2025, or
DCF risks losing access to FBI criminal history record information that is necessary to conduct these
background checks.
31
Emergency Postdisposition Modification of Placement
After the court adjudicates a child dependent, the court determines the most appropriate protections,
services, and placement for the child in dependency cases at the disposition hearing.
32
However, these
decisions may be changed at any time before the child begins residing at the approved permanent
placement if DCF or another interested person petitions the court. If the motion made in the petition
alleges a need for a change in the conditions of protective supervision or the placement, and if the
interim caregiver denies the need for a change, then the court will hold a postdisposition hearing. If the
court grants the postdisposition motion, the court will change the placement, modify the conditions of
protective supervision, or continue the conditions of protective supervision.
33
In FY 2022-23, the court
granted a postdisposition change in custody for 6,672 children.
34
However, emergency circumstances may require a child’s removal more quickly than the petition
process allows, and current law does not include an expedited emergency postdisposition process to
modify a child’s placement. When DCF assesses that the child is in danger of or has been subject to is
abuse, abandonment, or neglect in the current placement, DCF takes physical custody of the child.
Without an emergency postdisposition process in current law, DCF can only petition the court for a
23
S. 39.0138(1), F.S.
24
65C-28.011(1)(e), F.A.C.
25
Id. The foreign state’s jurisdiction may or may not allow the release of such records.
26
Id.
27
Id.
28
S. 39.1038(6), F.S.
29
S. 39.0138(5), F.S.
30
Id.
31
Florida Department of Children and Families, Agency Analysis of 2024 House Bill 1083, p. 3 (Dec. 15, 2023).
32
See S. 39.01(24), F.S.
33
S. 39.522(2), F.S. To evaluate arguments at a postdisposition hearing, the court uses the best interest of the child standard factors in
s. 39.01375, F.S.
34
Florida Department of Children and Families, Agency Analysis of 2024 House Bill 1083, p. 6 (Dec. 15, 2023). STORAGE NAME: h1083a.APC PAGE: 8
DATE: 2/13/2024
shelter hearing, which is the initial stage of dependency and thus inappropriate given that the child is in
the later stage of dependency proceedings, having already been sheltered and in DCF custody.
35
Permanent Guardianship
Permanent guardianships promote the child’s best interests when the child needs a nurturing, stable
environment outside the home of their parents. An alternative to adoption, permanent guardianships
preserve the legal parent-child relationship while physical custody rights to the child transfer from DCF
to a legal caregiver. This permanency option maintains the child’s inheritance rights, the parents’ right
to consent to a child’s adoption, and the parents’ responsibilities to provide financial, medical, and other
support to the child.
36
Guardianship Assistance Program
DCF operates the Guardianship Assistance Program to provide guardianship assistance payments to
the child’s permanent guardian. DCF establishes a permanent guardian’s eligibility for guardianship
assistance payments once all of the following requirements are met:
The court approved the child’s placement with the permanent guardian.
The court granted legal custody to the permanent guardian.
The permanent guardian is licensed to care for the child as a foster parent.
The child retained eligibility for foster care room and board payments for at least 6 consecutive
months while the child resided in the home of the permanent guardian so long as the permanent
guardian is licensed to care for the child as a foster parent.
37
Once the permanent guardian formalizes a guardianship agreement with DCF for a child adjudicated
dependent, the permanent guardian may also receive guardianship assistance payments for that child’s
sibling(s). The sibling(s) adjudicated dependent because of child abuse, neglect, or abandonment are
covered so long as the sibling(s) are also placed with the permanent guardian.
38
Generally, DCF remits guardianship assistance payments in the default amount of $4,000 annually,
paid on a monthly basis. However, the permanent guardian and DCF may set a different amount
memorialized in their Guardianship Assistance Agreement and adjust that amount from time to time
based on changes in the needs of the child or the circumstances of the permanent guardian.
39
Current law extends guardianship assistance payments beyond the child’s 18
th
birthday in certain
situations. First, the child’s permanent guardian needs to create an initial Guardianship Assistance
Agreement with DCF during the period between the child’s 16
th
birthday and 18
th
birthday. Second, the
child must actively perform any one of four self-sufficiency activities until the child’s 21
st
birthday. These
four self-sufficiency activities are as follows:
1. Completing secondary education or a program leading to an equivalent credential;
2. Being enrolled in an institution that provides postsecondary or vocational education;
3. Participating in a program or activity designed to promote or eliminate barriers to employment;
or
4. Being employed for at least 80 hours per month.
However, the child may be excused from the self-sufficiency activities if the child has a documented
physical, intellectual, emotional, or a psychiatric condition that limits the child’s full-time participation.
40
35
Id.
36
S. 39.6221(6), F.S.
37
S. 39.6225(2), F.S.
38
S. 39.6225(3), F.S.
39
S. 39.6225(5)(d), F.S.
40
S. 39.6225(9), F.S. STORAGE NAME: h1083a.APC PAGE: 9
DATE: 2/13/2024
Finally, a child or young adult receiving benefits through the guardianship assistance program is not
eligible to simultaneously receive relative caregiver benefits under s. 39.5085, F.S., postsecondary
education services and supports under s. 409.1451, F.S., or child-only cash assistance under Chapter
414.
41
However, the child may be excused from the self-sufficiency activities if the child has a documented
physical, intellectual, emotional, or a psychiatric condition that limits the child’s full-time participation.
42
Finally, a child or young adult receiving benefits through the guardianship assistance program is not
eligible to simultaneously receive relative caregiver benefits under s. 39.5085, F.S., postsecondary
education services and supports under s. 409.1451, F.S., or child-only cash assistance under Chapter
414.
43
Successor Guardians
If a permanent guardian named a DCF-approved successor guardian on the child’s guardianship
assistance agreement, current law states a court must let a 6-month interim period elapse before the
child can be permanently placed with a successor guardian.
44
Subject to DCF approval, a permanent guardian may formally nominate a successor guardian to
assume care and responsibility for the child if the permanent guardian can no longer do so.
45
The
permanent guardian nominates a successor guardian on the written Guardianship Assistance
Agreement with DCF.
46
As a prerequisite of nomination and approval, the successor guardian must
successfully complete a number of criminal, delinquency, and abuse/neglect history checks.
47
Should
events occur that activate the successor guardian, the successor guardian must have a home study
completed and approved before the child’s placement with the successor guardian.
48
The successor guardian is not required to be a relative, fictive kin, or licensed caregiver.
49
Adoption of Children from the Child Welfare System
DCF, a CBC lead agency, or the CBC’s subcontracted agency may field an initial inquiry from a
prospective adoptive parent who seeks to learn about the adoption of children adjudicated dependent.
Upon initial inquiry, an agency must respond to the prospective adoptive parent within 7 business days
with information about the adoption process and the requirements for adopting a child adjudicated
dependent.
50
When the prospective adoptive parent articulates an interest in adopting a child adjudicated dependent,
one of the agencies must refer the prospective adoptive parent to a DCF-approved adoptive parent
training program.
51
To adopt, the prospective adoptive parent must complete the training program,
52
a
DCF adoption application, and a home study.
53
The home study component is two parts: the
preliminary home study and the final home investigation. A favorable preliminary home study allows
41
S. 39.6225(5)(a), F.S.
42
S. 39.6225(9), F.S.
43
S. 39.6225(5)(a), F.S.
44
S. 39.6221(1), F.S.
45
R. 65C-44.001(6), 65C-44.0045, F.A.C.
46
R. 65C-44.004, F.A.C.
47
R. 65C-44.0045, F.A.C.
48
Id.
49
Id.
50
S. 63.093(1), F.S.
51
S. 63.093(2), F.S.
52
The following prospective adoptive parents are not required to complete the training program: a licensed foster parent or an eligible
caregiver. An eligible caregiver attended a training program within the past 5 years, had the child for at least 6 months, and can
demonstrate a determination to understand the challenges and parenting skills needed to successfully parent the child who is available
for adoption.
53
Ss. 63.093(2)-(4), F.S. STORAGE NAME: h1083a.APC PAGE: 10
DATE: 2/13/2024
the child adjudicated dependent to be placed in the intended adoptive home – pending the trial court’s
entry of the judgment of adoption.
54
A preliminary home study must include at a minimum an interview,
a records checks, a physical home environment assessment, a financial security determination, and
other required documentation.
55
The final home investigation must be conducted before the adoption
becomes final.
56
The final home investigation determines the suitability of the adoptive placement with
two scheduled visits and vets the applicant’s social and medical history.
57
Afterwards, one of the agencies must evaluate the applications through a preparation process
prescribed by rule
58
and must decide the applicant’s appropriateness to adopt.
59
This decision must
reflect the final recommendation included in the adoptive home study and must be rendered within 14
business days after receipt of the final recommendation.
60
The average length of time from a child being sheltered to the termination of parental rights (TPR) is 18
months. The average length of time from TPR to finalizing an adoption is 12 months. Thus, a child
adjudicated dependent spends an average of 2.5 years in the dependency court before exiting through
adoption. In June 2023, approximately 4,700 children adjudicated dependent were available for
adoption. By December 2023, 3,300 of those children were matched and/or placed with caregivers who
wanted to adopt.
61
The Statewide Adoption Exchange
The federal Social Security Act Title IV-E conditions federal payments for foster care, prevention, and
permanency upon DCF demonstrating proof that they are meeting a variety of requirements. Regarding
the permanency goal of adoption, DCF must document how it is attempting to find an adoptive family
for a child. At a minimum, such documentation must include child specific recruitment efforts through an
electronic state, regional, or national adoption exchange that facilitates orderly and timely in-State and
interstate placements.
62
The federal Child Abuse Prevention and Treatment and Adoption Reform Act (CAPTA) also reflects a
focused effort, in part, to eliminate barriers to adoptions across jurisdictional boundaries. The HHS
Secretary must award CAPTA grants to states that carry out initiatives to this end. These CAPTA
grants supplement, and do not supplant, efforts to expand the capacity of all adoption exchanges to
serve increasing numbers of children.
63
In Florida, current law directs DCF to establish, directly or through purchase, a statewide adoption
exchange. All DCF-licensed child placing agencies must receive access to the statewide adoption
exchange as a means to recruit adoptive families for children legally freed for adoption and who have
Adoption of Orphaned Children
A child adjudicated dependent under Chapter 39 can be a child who was abandoned because they lack
a parent or legal custodian capable of providing supervision and care.
64
When orphaned children are
adjudicated dependent, there is no statutory mechanism to permanently commit the child to DCF for
the purposes of adoption because an orphaned child’s parent(s) did not abandon them.
65
As Chapter
39 defines abandonment, abandonment means the parent made “no significant contribution to the
54
S. 63.092(3), F.S.
55
Id. A preliminary home study must document the counseling and education of the applicant(s) on adoptive parenting, that an agency
provided the applicant(s) with information about the adoption process and community support services, and signed copies
acknowledging receipt of required agency disclosures.
56
S. 63.125(1), F.S.
57
S. 63.125(5), F.S.
58
R. 65C-16.005, F.A.C.
59
S. 63.093(5), F.S.
60
S. 63.093(5), F.S.
61
Florida Department of Children and Families, Agency Analysis of 2024 House Bill 1083, p. 11 (Dec. 15, 2023).
62
42 U.S.C. § 675(1)(E)
63
42 U.S.C. § 5113(e)
64
S. 39.01(14)(e), F.S.
65
Florida Department of Children and Families, Agency Analysis of 2024 House Bill 1083, p. 4 (Dec. 15, 2023); see s. 39.01(1), F.S. STORAGE NAME: h1083a.APC PAGE: 11
DATE: 2/13/2024
child’s care and maintenance or has failed to establish or maintain a substantial and positive
relationship with the child, or both.”
66
Instead, dependency court judges rely on their inherent authority to enter any order in the child’s best
interest to permanently commit the child for adoption.
67
A judgment of adoption relieves the birth parents of all parental rights and responsibilities, terminates
all legal relationships between the adopted person and their birth parents and relatives, and creates a
familial and legal relationship between the adopted person, the adoptive parent, and the adoptive
parent’s relatives.
68
Notably, the adopted person lacks intestate
69
inheritance rights to the petitioner’s
estate.
70
Meanwhile, the Florida Probate Code may preserve the adopted person’s intestate inheritance
rights to their birth parents’ estate.
71
For orphaned children, a judgment of adoption may produce a different outcome. For example, if an
orphaned child is adopted by a close relative, the child’s right of inheritance from or through the
deceased parents is unaffected by the close relative adoption.
72
However, in all other cases, current
law requires a court order granting the termination of parental rights (TPR) as a requirement to non-
close relative adoptions because the orphaned child is considered dependent for Chapter 39
purposes.
73
Complicating matters, a TPR court order generally requires a judicial finding of harmful
parental behavior towards the child.
74
Also, while living parents may voluntarily surrender their parental
rights over a child by written consent,
75
deceased parents cannot consent. Furthermore, current law
authorizes a court to waive the consent of certain individuals to an adoption, but none of those
individuals include deceased parents.
76
This current technical shortcoming in Florida statute means DCF lacks statutory authorization to secure
legal custody of orphaned children for purposes of a permanent placement through a court order.
77
Legal Challenges to Denied Adoption Petitions
When DCF receives the custodial rights of a child adjudicated dependent, DCF may seek an adoption
placement for the child through its contracted CBCs if the court establishes adoption as the child’s
permanency goal. When there are two or more families with approved home studies, DCF’s rules route
these competing applications through a CBC’s adoption applicant review committee (AARC) for a non-
binding recommendation.
78
When a CBC’s AARC offers the adoption recommendation to DCF, DCF
reviews and issues its consent to one applicant while communicating its denial to the other applicant(s)
through certified letter.
79
Unsuccessful applicants get an opportunity to challenge DCF’s decision under Florida’s Administrative
Procedure Act (APA).
80
If an unsuccessful applicant only contests DCF’s reasoning, the unsuccessful
applicant may request an informal hearing with a designated hearing officer at the agency.
81
A final
66
S. 39.01(1), F.S.
67
G.S. v. T.B., 985 So.2d 978, 982 (Fla. 2008).
68
S. 63.172(1), F.S.
69
When a person dies intestate, that person died without a valid will. When this happens, the state’s intestate law predetermines how
the deceased person’s estate will be distributed. See Bryan Gardner, Intestate Law, Black’s Law Dictionary (11th ed. 2019) (Accessed
Westlaw Dec. 22, 2023).
70
S. 63.172(1)(c), F.S.
71
S. 63.172(1)(b), F.S.
72
S. 63.172(2), F.S.
73
See s. 39.621(3)(b), F.S.
74
S. 39.806(1), F.S.
75
S. 39.806(1)(a), F.S.
76
S. 63.064, F.S.
77
Florida Department of Children and Families, Agency Analysis of 2024 House Bill 1083, p. 4 (Dec. 15, 2023).
78
R. 65C-16.005(9), F.A.C.
79
These certified letters represent final agency action for purposes of Florida’s Administrative Procedure Act.
80
Fla. Dep’t of Children and Family Services v. I.B. and D.B., 891 So.2d 1168, 1170 (Fla. 1st DCA 2005) (The Administrative Procedure
Act confers an unsuccessful adoption applicant with the right to a hearing wherein they have an opportunity to change the agency’s
mind).
81
S. 120.57(2), F.S. STORAGE NAME: h1083a.APC PAGE: 12
DATE: 2/13/2024
order is due within 90 days after the conclusion of an informal hearing.
82
If an unsuccessful applicant
contests a material fact underlying DCF’s decision, the unsuccessful applicant may petition for a formal
hearing before an administrative law judge (ALJ) assigned by the Division of Administrative Hearings
(DOAH).
83
The DOAH ALJ submits to DCF and all parties a non-binding, recommended order –
complete with an established factual record, conclusions of law, and the suggested outcome.
84
Then,
DCF may adopt the ALJ’s recommended order as the final order or advance its own final order within
90 days.
85
From 2021 through 2022, the average length of time between the receipt of a hearing request and entry
of a final order was 161 days.
86
The chart below surveys administrative challenges to denied adoption
petitions:
87
Year
DCF Decisions Made
After APA Review
CBC AARC
Decisions
Overturned by these
DCF Decisions
DCA Appeals
DCF Decisions
After APA Review
Overturned
through DCA
Appeals
2019 58 0 2 0
2020 46 0 4 0
2021 42 1 2 0
2022 41 1 1 0
2023 41 1 1 0
As the chart suggests, a party who is adversely affected by final agency action is entitled to judicial
review.
88
Generally, the unsuccessful applicant must appeal DCF’s adoption decision to the First
District Court of Appeals (the appellate district where DCF maintains its headquarters) or the appellate
district of the party’s residence.
89
From 2021 through 2022, the average additional delay created when
an unsuccessful applicant appeals a DCF adoption decision to the appellate court was 323 days.
90
Meanwhile, the original dependency trial court retains jurisdiction over a child adjudicated dependent
until the child is adopted. This means the trial court can review the status of the child and the progress
towards an adoption placement. In addition, for good cause shown by the guardian ad litem for the
child, the trial court may review the appropriateness of a proposed adoptive placement for the child.
91
Current law empowers a denied adoption applicant to file a petition with the court to argue DCF
unreasonably withheld agency consent for the applicant to adopt the child. Along with the petition, the
denied adoption applicant must also file a favorable preliminary adoptive home study. If the trial court
agrees with the petitioner that DCF unreasonably withheld agency consent for the applicant to adopt
the child, then the court waives DCF consent.
92
Fundamentally, DCF’s consent to an adoption is not a
prerequisite to the trial court’s authority to finalize an adoption.
93
Rather, the court’s orders must
advance the best interests of the child and the legislative goal of expeditiously providing a stable and
permanent home for the child.
94
State Adoption Subsidies
82
S. 120.56(2)(l), F.S.
83
S. 120.57(1)(a), F.S.
84
S. 120.57(1)(k), F.S.
85
Ss. 120.56(2)(l), 120.57(1)(l), F.S.
86
Florida Department of Children and Families, Agency Analysis of 2024 House Bill 1083, p. 10 (Dec. 15, 2023).
87
Id.
88
S. 120.68(1)(a), F.S.
89
S. 120.68(2)(a), F.S.
90
Florida Department of Children and Families, Agency Analysis of 2024 House Bill 1083, p. 10 (Dec. 15, 2023).
91
S. 39.812(4), F.S.
92
S. 63.062(7), F.S.
93
B.Y. v. Fla. Dep’t of Children and Families, 887 So.2d 1253, 1257 (Fla. 2004).
94
Id. STORAGE NAME: h1083a.APC PAGE: 13
DATE: 2/13/2024
The Maintenance Adoption Subsidy
Current law makes adoption assistance available to prospective adoptive parents to enable them to
adopt difficult-to-place children.
95
A difficult-to-place child is a child:
1. adjudicated dependent remaining in the permanent custody of DCF of a licensed child-placing
agency;
2. adjudicated dependent who established significant emotional ties with the foster parents or is
unlikely to be adopted for certain reasons;
96
or
3. for whom a reasonable but unsuccessful effort was made to place that child without providing a
maintenance subsidy.
97
Adoption assistance may include a maintenance subsidy, medical assistance, Medicaid assistance,
reimbursement of nonrecurring expenses associated with adoption, and a tuition exemption at a
postsecondary education institution.
98
As to the maintenance subsidy, DCF grants this monthly
payment when all other resources available to a child were thoroughly explored, and it can be clearly
established that the maintenance subsidy is the most acceptable plan for securing a permanent
placement for the child.
99
As a condition of receiving adoption assistance, the adoptive parents must have an approved adoption
home study and an adoption assistance agreement with DCF before the adoption is finalized.
100
Generally, the default maintenance subsidy is $5,000/year, paid on a monthly basis, for the support and
maintenance of a child until the child’s 18
th
birthday. However, the adoptive parents and DCF may set a
different amount memorialized in their Adoption Assistance Agreement and adjust that amount from
time to time based on changes in the needs of the child or the circumstances of the adoptive
parents.
101
Current law extends maintenance subsidy payments beyond the child’s 18
th
birthday in certain
situations. First, the child’s adoptive parents need to create an initial Adoption Assistance Agreement
with DCF during the period between the child’s 16
th
birthday and 18
th
birthday. Second, the child must
actively be involved in any one of four self-sufficiency activities until the child’s 21
st
birthday. These four
self-sufficiency activities include:
1. Completing secondary education or a program leading to an equivalent credential;
2. Being enrolled in an institution that provides postsecondary or vocational education;
3. Participating in a program or activity designed to promote or eliminate barriers to employment;
or
4. Being employed for at least 80 hours per month.
However, the child may be excused from the self-sufficiency activities if the child has a documented
physical, intellectual, emotional, or a psychiatric condition that limits the child’s full-time participation.
102
Finally, a child or young adult receiving benefits through the adoption assistance program is not eligible
to simultaneously receive relative caregiver benefits under s. 39.5085, F.S. or postsecondary education
services and supports under s. 409.1451, F.S.
95
S. 409.166(1), F.S.
96
These reasons could be that child is 8 years of age or older, developmentally disabled, physically or emotionally handicapped, a
member of a racial group that is disproportionately represented among children adjudicated dependent, and/or a member of a sibling
group of any age if two or more members of a sibling group remain together for purposes of adoption.
97
S. 409.166(2)(d), F.S.
98
S. 409.166(2)(a), F.S.
99
S. 409.166(4)(b), F.S.
100
S. 409.166(5)(a), F.S.
101
S. 409.166(4)(c), F.S.
102
S. 409.166(4)(d), F.S. STORAGE NAME: h1083a.APC PAGE: 14
DATE: 2/13/2024
Transition to Adulthood
Young adults who age out of the foster care system more frequently have challenges achieving self-
sufficiency compared to young adults who never came to the attention of the foster care system. Young
adults who age out of the foster care system are less likely to earn a high school diploma or GED and
more likely to have lower rates of college attendance.
103
They have more mental health problems, have
a higher rate of involvement with the criminal justice system, and are more likely to have difficulty
achieving financial independence.
104
These young adults also have a higher need for public assistance
and are more likely to experience housing instability and homelessness.
105
In federal fiscal year 2021, the federal Children’s Bureau within the U.S. Department of Health &
Human Services reported 46,694 teens and young adults entered foster care in the United States,
106
with 2,167 teens and young adults entering Florida’s foster care system.
107
The Children’s Bureau also
collects information and outcomes on youth and young adults currently or formerly in foster care who
received independent living services supported by federal funds.
108
To this end, the Children’s Bureau’s
National Youth in Transition Database (NYTD) representation tracks the independent living services
each state provides to foster youth in care and assesses each state’s performance in providing
independent living and transition services.
DCF will establish its fifth NYTD report (Oct. 2022 – Sept. 2023) that surveys youth in Florida’s foster
care system beginning on their 17
th
birthday.
109
In the interim, the most recent Florida NYTD available
on DCF’s website is the 2018 report.
110
In the chart below, the 2018 Florida NYTD documented
outcomes related to education, employment, housing, finances and transportation, health and well-
being, and connections:
111
Outcomes of Young Adults who Aged Out of Care
Area Outcome
Education
74% were enrolled in and attending high school, GED classes, post-high
school vocational training, or college.
12% experienced barriers that prevented them from continuing education.
The top three reported barriers included the need to work full-time, not
having transportation, and having academic difficulties.
Employment
15% were employed full-time (35 hours per week or more).
26% were employed part-time.
78% had a paid job over the last year.
22% completed an apprenticeship, internship, or other on-the-job training,
either paid or unpaid.
103
Gypen, L., Vanderfaeillie, J., et al., “Outcomes of Children Who Grew Up in Foster Care: Systematic-Review”, Children and Youth
Services Review, vol. 76, pp. 74-83, http://dx.doi.org/10.1016/j.childyouth.2017.02.035 (last visited November 30, 2023).
104
Id.
105
Id.
106
Children’s Bureau, The Adoption and Foster Care Analysis and Reporting System (AFCARS) FY 2021 data, U.S. Department of
Health and Human Services, p. 2, June 28, 2022, https://www.acf.hhs.gov/sites/default/files/documents/cb/afcars-report-29.pdf (last
accessed Dec. 3, 2023).
107
Children’s Bureau, The Adoption and Foster Care Analysis and Reporting System (AFCARS) FY 2021 data: Florida , U.S.
Department of Health and Human Services, p. 1, June 28, 2022, https://www.acf.hhs.gov/sites/default/files/documents/cb/afcars-tar-fl-
2021.pdf (last accessed Dec. 3, 2023).
108
Children’s Bureau, Data and Statistics: National Youth in Transition Database, U.S. Department of Health & Human Services,
https://www.acf.hhs.gov/cb/data-research/data-and-statistics-nytd#FL_26606 (last visited Dec. 3, 2023).
109
Florida Department of Children and Families, Independent Living Services Annual Report, Office of Child Welfare, Feb. 2023, p. 15
https://www.myflfamilies.com/sites/default/files/2023-07/Independent_Living_Services_Report_2022.pdf (last visited Dec. 4, 2023).
110
Florida Department of Children and Families, Annual Reports for Independent Living, Child and Family Services,
https://www.myflfamilies.com/services/child-family/independent-living/annual-reports-for-independent-living (last visited Dec. 4, 2023).
111
Florida Department of Children and Families, Florida National Youth in Transition Database, 2018 Survey Data Report,
https://www.myflfamilies.com/sites/default/files/2023-06/2018%20Florida%20NYTD%20Statewide%20Report%20Final.pdf (last visited
Dec. 4, 2023). STORAGE NAME: h1083a.APC PAGE: 15
DATE: 2/13/2024
Housing
The top three current living situations included living in their own
apartment, house, or trailer; living with friends or a roommate; and living in
a group care setting (including a group home or residential care facility).
41% had to couch surf or move from house to house because they did not
have a permanent place to stay.
27% experienced some type of homelessness in the past year.
112
Financial &
Transportation
46% received public food assistance.
10% received social security payments (Supplemental Security Income,
Social Security Disability Insurance, or dependents’ payments).
83% had a reliable means of transportation to school/work.
76% had an open bank account.
Health &
Well-Being
85% were on Medicaid.
18% had children.
34% had not received medical care for a physical health problem,
treatment for a mental health problem, or dental care in the past two years
for some health problem needing to be addressed.
24% were confined in a jail, prison, correctional facility, or juvenile
detention facility within the past two years.
Connections
85% had at least one adult in their life, other than their case manager, to go
to for advice or emotional support.
67% had a close relationship with biological family members.
Florida’s Road-to-Independence Program
Current law offers financial assistance to eligible young adults who desire the acquisition of skills,
education, and necessary support to become self-sufficient and exit foster care. Eligible young adults
access financial assistance through postsecondary education services and support (PESS) or aftercare
services.
113
PESS
The PESS stipend helps eligible young adults seek higher education and self-sufficiency. A young adult
becomes PESS eligible once eight criteria are met:
1. A former foster youth who is in one of three situations:
a. Turned 18 years of age while in the legal custody of DCF,
b. Adopted from foster care after the age of 16 after spending at least 6 months in licensed
care within the 12 months immediately preceding the adoption, or
c. Placed with a court-approved permanent guardian after the age of 16 after spending at
least 6 months in licensed care within the 12 months immediately preceding the
permanent guardianship.
2. Spent at least 6 months in licensed care before reaching their 18
th
birthday.
3. Earned a standard high school diploma or its equivalent.
4. Admitted for enrollment as a full-time student
114
at an eligible Florida Bright Futures
postsecondary educational institution.
5. Reached the age of 18 but is not yet 23 years of age.
6. Applied for other grants and scholarships that the eligible young adult qualifies for.
112
Id.
113
S. 409.1451(1)(c), F.S.
114
Students may enroll part-time if they have a recognized disability or if they secure approval from their academic advisor relating to a
challenge or circumstance preventing full-time enrollment. Otherwise, full-time enrollment requires 9 credit hours or the vocational
school equivalent. STORAGE NAME: h1083a.APC PAGE: 16
DATE: 2/13/2024
7. Submitted a complete and error-proof Free Application for Federal Student Aid.
8. Signed an agreement to allow DCF and the CBC lead agency access to school records.
115
After establishing eligibility, DCF determines the PESS stipend amount. Generally, the PESS stipend
amount is $1,720/month. However, if the young adult remains in foster care while attending a
postsecondary school and resides in a licensed foster home, the monthly PESS stipend amount is the
established room and board rate for foster parents. If the young adult remains in foster care while
attending a postsecondary school and resides in a licensed group home, the monthly PESS stipend
amount is negotiated between the CBC lead agency and the licensed group home provider.
116
Before an eligible young adult receives the PESS stipend, DCF or its contracted agency must assess
the young adult’s financial literacy and existing competencies necessary for successful independent
living and the completion of postsecondary education.
117
Eligible young adults receive financial
assistance during the months when they are enrolled in a postsecondary education institution.
118
115
S. 409.1451(2)(a), F.S.
116
S. 409.1451(2)(b), F.S.
117
S. 409.1451(2)(d), F.S.
118
S. 409.1451(2)(b), F.S. STORAGE NAME: h1083a.APC PAGE: 17
DATE: 2/13/2024
Aftercare Services
Aftercare services are intended to bridge gaps in an eligible young adult’s progress towards self-
sufficiency. A young adult establishes eligibility for aftercare services if the young adult meets three
criteria:
1. Reached the age of 18 while in licensed foster care, but is not yet 23 years of age.
2. Is not in Extended Foster Care pursuant to s. 39.6251, F.S.
3. Temporarily not receiving a PESS stipend.
119
Aftercare services include, but are not limited to, the following:
1. Mentoring and tutoring.
2. Mental health services and substance abuse counseling.
3. Life skills classes, including credit management and preventive health activities.
4. Parenting classes.
5. Job and career skills training.
6. Counselor consultations.
7. Temporary financial assistance for necessities.
8. Temporary financial assistance for emergencies like automobile repairs or large medical
expenses.
9. Financial literary skills training.
120
DCF or a CBC lead agency determines the specific aftercare services provided to eligible young adults
after an assessment.
121
The resulting aftercare services plan is reassessed every 90 days.
122
Subject to
available funding, aftercare services are available to PESS stipend grantees who experience an
emergency situation and whose resources are insufficient to meet the emergency situation.
123
DCF reports that Florida experienced a 13% increase in the total number of young adults receiving
independent living services for state fiscal year (SFY) 2022-2023 compared to SFY 2021-2022. The
table below itemizes the number of young adults served in each Independent Living program by each
CBC Lead Agency during the past two state fiscal years (SFYs):
119
S. 409.1451(3)(a), F.S.; R. 65C-42.003(1), F.A.C.
120
S. 409.1451(3)(b), F.S.
121
S. 409.1451(3)(b), F.S.
122
R. 65C-42.003(8), F.A.C.
123
S. 409.1451(3)(a), F.S. STORAGE NAME: h1083a.APC PAGE: 18
DATE: 2/13/2024
124
Effect of the Bill
Records Check Process
To preserve DCF’s access to the FBI’s criminal history records database, Florida must bring DCF’s
record checks process into federal compliance. PCS for HB 1083 requires the following:
Household Members:
o For emergency out-of-home care placements to benefit sheltered children, DCF to conduct
a name-based criminal history records check of all adult members of a household.
o Once DCF determines no household member is disqualified after the records check, the
bill authorizes DCF to place the child in that household.
o Unless an exemption applies, the bill requires all adult household members to
subsequently submit a full set of fingerprints which the Florida Department of Law
Enforcement (FDLE) must receive within 7 calendar days after the records check.
o Then, the bill requires FDLE to forward the fingerprints to the Federal Bureau of
Investigation for national processing within 15 calendar days after the records check.
o Should an adult household member fail to submit their fingerprints within 15 calendar day
after the records check, the bill requires DCF to seek a court order to immediately remove
the child from the emergency out-of-home care placement.
Visitors to the Household:
124
Department of Children and Families, Department of Children and Families Response to the Independent Living Services Advisory
Council 2023 Annual Report, p. 6 (Dec. 31, 2023) https://www.myflfamilies.com/services/child-family/lmr (last visited Jan. 4, 2023). EFC
is the acronym for Extended Foster Care and is beyond the scope of this bill. STORAGE NAME: h1083a.APC PAGE: 19
DATE: 2/13/2024
o The bill adds a chapter-wide definition of visitor in s. 39.01, F.S. For Chapter 39
purposes, the bill defines a “visitor” as a person who provides care or supervision to a
child the home or is person 12 years of age or older who will be in the child’s home at
least five consecutive days or a minimum of seven days total for any one-month period.
o With this new definition in mind, the bill requires DCF to conduct a name-based check
of criminal history records of all visitors to the home.
o As a matter of discretion, the bill authorizes DCF to require a local criminal record check
of all visitors to the home who are at least 18 years of age as an optional add-on
component of the department’s records check process.
The bill modernizes the name of DCF’s record checks system to the Comprehensive Child Welfare
Information System.
Orphaned Children Adjudication Process
The bill creates a formal process to adjudicate orphaned children dependent tailored to their situation.
The bill authorizes an attorney for DCF, or any other person with factual or sourced knowledge
of the allegations and who believes those allegations, to commence a Chapter 39 dependency
proceeding if both parents of a child are deceased or the last known living parent of a child is
deceased and the child did not receive an appointed legal custodian.
In the event a child previously adjudicated dependent later becomes an orphan, the bill allows
an interested party to file a petition for permanent commitment as a petition for adjudication is
not necessary.
The bill requires a petition for adjudication or permanent commitment of an orphaned child to
include the following details in writing:
o Identity of the allegedly deceased parents.
o A factual basis that both parents are deceased or the last known living parent is
deceased.
o A factual basis that the child has not receive an appointed legal custodian.
The bill requires the petitioner to sign a petition under oath affirming the petition was filed in
good faith.
The bill prescribes the procedural process for scheduling hearings, noticing required parties,
conducting hearings, ruling on evidence, finalizing court orders, and developing case plans.
Emergency Process for Modifying a Child’s Permanent Placement
The bill establishes a process to make emergency changes of placement for children whom the
dependency court initially transferred the physical custody rights to the child from DCF to the
permanent placement.
Specifically, the bill establishes the following procedural process:
The bill allows a child’s case manager, an authorized agent of DCF, and law enforcement
officers to remove a child from a court-ordered placement at any time after the child’s
authorized caregiver requests the child’s immediate removal from the placement.
Separately, the bill authorizes DCF and law enforcement officers to remove a child from a
placement if they have probable cause:
o That a placed child was abused, neglected, or abandoned, or
o That a placed child currently suffers from or is in imminent danger of illness or injury as a
result of abuse, neglect, or abandonment. STORAGE NAME: h1083a.APC PAGE: 20
DATE: 2/13/2024
The bill prescribes the procedural process for the court to render the appropriate court order
based on the facts and circumstances of the case for the purpose of finding a new placement
for the child.
Changes a Placement with a Permanent Guardian
The bill cuts the minimum duration of the interim period before a child can be permanently placed with
a successor guardian from 6 months to 3 months. The bill also requires the successor guardian to be
known to the child.
Age Eligibility Threshold Programs for Formerly Dependent Young Adults
The bill amends the age eligibility threshold for the extended guardianship assistance payment (EGAP),
the extended maintenance adoption subsidy (EMAS), and the PESS programs by lowering the child’s
minimum eligibility age from 16 to 14. In addition, the bill allows young adults who qualify for, but do not
participate in, the EGAP or EMAS programs to access aftercare services instead.
As illustrated by the table below, DCF projects participation in EGAP, EMAS, PESS, and aftercare
services will increase as follows.
Program Increased Eligible Population Estimated Increase in Participation
EGAP 782 235
EMAS 550 165
PESS 351 71
Aftercare Services 1,835 275
Totals 3,518 746
Service of Process Waiver in TPR Proceedings
In advisory proceedings for the termination of parental rights, the bill authorizes the court to waive the
service of process on any person if that person personally appears in court. The bill will enable the trial
court to commence the TPR advisory proceeding without need for a continuance if the person on whom
process is required makes a personal appearance, whether that person is physically present in the
courtroom or remotely present in the courtroom by audio-video communication technology.
Adoption Appeal Process
The bill streamlines the process to resolve competing claims of prospective adoptive parents who were
denied petitions to adopt. Specifically, the bill:
grants the dependency trial court exclusive discretion to review DCF’s denial of a petitioner’s
application to adopt a child.
expressly eliminates the petitioner’s access to administrative review under Chapter 120.
prescribes the procedural process for the court to review a denied application to adopt.
o While DCF must file a written notification of the denied application with the court and
provide copies to all parties within 10 business days after DCF’s decision, the court does
not hold a hearing about the denial until the unsuccessful applicant files a motion to
review.
o If the court denies the unsuccessful applicant’s motion to review, the bill authorizes DCF
to remove the child from the unsuccessful applicant’s home.
requires the petition of adoption to include two items:
o a favorable preliminary adoptive home study, and
o an attached copy of DCF’s consent to adopt unless the court waives the attached copy
requirement upon a finding that DCF unreasonably withheld their consent to adopt. STORAGE NAME: h1083a.APC PAGE: 21
DATE: 2/13/2024
DCF estimates these particular reforms will shave an average of 116 days of delay in the current
permanency process.
Statewide Adoption Exchange Platform
The bill restricts public access to the online profiles of children available for adoption. It allows only
prospective adoptive parents who completed or are completing an adoptive home study to access
these online profiles, and no other members of the public are afforded access.
Any child who is 12 years of age or older may request that a specific photo be used for that child’s
photo listing and must be consulted during the development of the child’s description.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amending s. 39.01, F.S., relating to definitions.
Section 2: Amending s. 39.0138, F.S., relating to criminal history and other records checks; limit on
placement of a child.
Section 3: Creating s. 39.5035, F.S., relating to deceased parents; special procedures.
Section 4: Amending s. 39.522, F.S., relating to postdisposition change of custody.
Section 5: Amending s. 39.6221, F.S., relating to permanent guardianship of a dependent child.
Section 6: Amending s. 39.6225, F.S., relating to the guardianship assistance program.
Section 7: Amending s. 39.801, F.S., relating to procedures and jurisdiction; notice; service of
process.
Section 8: Amending s. 39.812, F.S., relating to postdisposition relief; petition for adoption.
Section 9: Amending s. 63.062, F.S., relating to persons required to consent to adoption; affidavit of
nonpaternity; waiver of venue.
Section 10: Amending s. 63.093, F.S., relating to adoption of children from the child welfare system.
Section 11: Amending s. 409.1451, F.S., relating to the road-to-independence program.
Section 12: Amending s. 409.166, F.S., relating to children within the child welfare system; adoption
assistance program.
Section 13: Amending s. 409.167, F.S., relating to statewide adoption exchange; establishment;
responsibilities; registration requirements; rules.
Section 14: Providing an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill amends the eligibility criteria for the three Independent Living programs by lowering the age
of eligibility from age 16 to age 14 for both the EMAS/EGAP and the PESS program. It also
expands the population that is eligible for Aftercare services. The department expects these
changes to result in additional youth being served and to require an additional $8,110,140 for all
three Independent Living programs (EMAS/EGAP - $3,216,000; PESS - $1,465,440; Aftercare -
$3,428,700).
The House proposed General Appropriations Act for FY 2024-25 (GAA) includes an additional
$8,110,140 to DCF for the increased costs anticipated with the expanded eligibility of the
Independent Living programs. The funding in the GAA is contingent upon HB 1083, or substantially
similar legislation, becoming a law.
STORAGE NAME: h1083a.APC PAGE: 22
DATE: 2/13/2024
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
DCF has sufficient rulemaking authority to implement the provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES