Florida House Bill H1083 Analysis / Analysis

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1083d.HHS 
DATE: 2/26/2024 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: CS/CS/CS/HB 1083    Permanency for Children 
SPONSOR(S): Health & Human Services Committee, Appropriations Committee, 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 	27 Y, 0 N, As CS Fontaine Pridgeon 
3) Health & Human Services Committee 19 Y, 0 N, As CS DesRochers Calamas 
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/CS/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 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.   
 
The bill shifts judicial review of DCF’s decision on an adoption application from a separate administrative 
process to the dependency court. The bill requires a presiding judge to issue a court order to authorize the 
payment of certain adoption fees, costs, and expenses that exceed certain statutory threshold amounts, 
including an explanation of why the payments are reasonable. The bill prohibits the placement of adoption-
related paid advertisements by non-adoption entities through certain mediums in Florida if the advertisements 
lack the prerequisite licensing information. The bill also expands eligibility for adoption incentive awards and 
increases the award amounts. 
 
The bill identifies DCF as the state agency responsible for conducting fingerprint-based background checks of 
out-of-home care household members when DCF arranges an emergency placement in out-of-home care for a 
child. In this way, the bill positions the state to preserve DCF access to the Federal Bureau of Intelligence (FBI) 
criminal history records database. 
 
The bill 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 DCF and no fiscal impact on local government.   
 
The bill provides an effective date of July 1, 2024. 
   STORAGE NAME: h1083d.HHS 	PAGE: 2 
DATE: 2/26/2024 
  
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: h1083d.HHS 	PAGE: 3 
DATE: 2/26/2024 
  
 
 
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: h1083d.HHS 	PAGE: 4 
DATE: 2/26/2024 
  
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: h1083d.HHS 	PAGE: 5 
DATE: 2/26/2024 
  
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. 
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- STORAGE NAME: h1083d.HHS 	PAGE: 6 
DATE: 2/26/2024 
  
 
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 
                                                                                                                                                                                 
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: h1083d.HHS 	PAGE: 7 
DATE: 2/26/2024 
  
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 review by the Federal Bureau of Investigation (FBI) 
and must be awaiting the results of the state and national criminal history records check.
30
  
 
Federal law authorizes the FBI to exchange criminal history records information (CHRI) with officials of 
state and local government agencies for licensing and employment purposes. The FBI retains the right 
to grant and deny access to national criminal history record information and conditions access to its 
approval of any proposed and actual legislative changes to state law. Without a corresponding state 
law approved by the U.S. Attorney General that unequivocally designates a state government agency 
as the recipient of FBI criminal history records, the FBI must terminate further CHRI exchanges with 
that state government agency. The exchange must terminate because of the risk that CHRI falls 
outside authorized channels between federal and state governments.
31
  
 
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, sometime after Florida 
amended s. 39.0138, F.S., 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. In addition, CJILU 
specifically recommended that Florida identify DCF as the state agency responsible for conducting 
fingerprint-based background checks of out-of-home care household members because DCF arranges 
emergency placements in out-of-home care for sheltered children. While DCF retains temporary access 
to FBI CHRI because of a grace period, Florida law must be brought into compliance by January 1, 
2025. Otherwise, DCF forfeits access to FBI CHRI for running necessary background checks that help 
DCF secure properly vetted emergency placements for sheltered children.
32
 
 
Emergency Postdisposition Modification of Placement  
 
                                                
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
 34 U.S.C. § 40102; Federal Bureau of Investigation, Testimony Before the United States House of Representatives Financial 
Services Committee: FBI’s Perspective on Criminal History Record Information Checks on Individuals Conducting Insurance Business, 
Dennis Lormel, Section Chief, Financial Crimes Section, Federal Bureau of Investigation, (Mar. 6, 2001) 
https://archives.fbi.gov/archives/news/testimony/fbis-perspective-on-criminal-history-record-information-checks-on-individuals-
conducting-insurance-business#:~:text=Public%20law%20%28Pub.%20L.%29%2092 -
544%20authorizes%20the%20FBI,by%20the%20Attorney%20General%20of%20the%20United%20States (last visited Feb. 24, 2024). 
32
 Florida Department of Children and Families, Agency Analysis of 2024 House Bill 1083, p. 3 (Dec. 15, 2023); Florida Department of 
Law Enforcement, Agency Analysis of 2024 House Bill 1083, pp. 2, 5 (Revised Jan. 25, 2024).   STORAGE NAME: h1083d.HHS 	PAGE: 8 
DATE: 2/26/2024 
  
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.
33
 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.
 34
 In FY 2022-23, the court 
granted a postdisposition change in custody for 6,672 children.
35
  
 
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 
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.
 36
    
 
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.
37
 
 
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.
38
 
 
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.
39
  
 
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 
                                                
33
 See s. 39.01(24), F.S. 
34
 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.  
35
 Florida Department of Children and Families, Agency Analysis of 2024 House Bill 1083, p. 6 (Dec. 15, 2023). 
36
 Id. 
37
 s. 39.6221(6), F.S. 
38
 s. 39.6225(2), F.S. 
39
 s. 39.6225(3), F.S.  STORAGE NAME: h1083d.HHS 	PAGE: 9 
DATE: 2/26/2024 
  
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.
40
 
 
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.
41
 
 
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 Chapter 414 child-only cash assistance.
42
 
 
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.
43
  
 
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.
44
 The 
permanent guardian nominates a successor guardian on the written Guardianship Assistance 
Agreement with DCF.
45
 As a prerequisite of nomination and approval, the successor guardian must 
successfully complete a number of criminal, delinquency, and abuse/neglect history checks.
46
 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.
47
  
 
The successor guardian is not required to be a relative, fictive kin, or licensed caregiver.
48
 
 
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.
49
  
 
                                                
40
 s. 39.6225(5)(d), F.S. 
41
 s. 39.6225(9), F.S. 
42
 s. 39.6225(5)(a), F.S. 
43
 s. 39.6221(1), F.S. 
44
 R. 65C-44.001(6), 65C-44.0045, F.A.C. 
45
 R. 65C-44.004, F.A.C. 
46
 R. 65C-44.0045, F.A.C. 
47
 Id. 
48
 Id. 
49
 s. 63.093(1), F.S.  STORAGE NAME: h1083d.HHS 	PAGE: 10 
DATE: 2/26/2024 
  
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.
50
 To adopt, the prospective adoptive parent must complete the training program,
51
 a 
DCF adoption application, and a home study.
52
 The home study component is two parts: the 
preliminary home study and the final home investigation.  A favorable preliminary home study allows 
the child adjudicated dependent to be placed in the intended adoptive home – pending the trial court’s 
entry of the judgment of adoption.
53
 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.
54
 The final home investigation must be conducted before the adoption 
becomes final.
55
 The final home investigation determines the suitability of the adoptive placement with 
two scheduled visits and vets the applicant’s social and medical history.
56
 
 
Afterwards, one of the agencies must evaluate the applications through a preparation process 
prescribed by rule
57
 and must decide the applicant’s appropriateness to adopt.
58
 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.
59
 
 
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.
60
 
 
 
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.
61
  
 
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.
62
 
 
                                                
50
 s. 63.093(2), F.S. 
51
 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. 
52
 ss. 63.093(2)-(4), F.S. 
53
 s. 63.092(3), F.S. 
54
 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.  
55
 s. 63.125(1), F.S. 
56
 s. 63.125(5), F.S. 
57
 R. 65C-16.005, F.A.C. 
58
 s. 63.093(5), F.S. 
59
 s. 63.093(5), F.S. 
60
 Supra, FN 35 at 11. 
61
 42 U.S.C. § 675(1)(E) 
62
 42 U.S.C. § 5113(e)  STORAGE NAME: h1083d.HHS 	PAGE: 11 
DATE: 2/26/2024 
  
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.
63
  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.
64
 As Chapter 
39 defines abandonment, abandonment means the parent made “no significant contribution to the 
child’s care and maintenance or has failed to establish or maintain a substantial and positive 
relationship with the child, or both.”
65
 
 
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.
66
 
 
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.
67
 Notably, the adopted person lacks intestate
68
 inheritance rights to the petitioner’s 
estate.
69
 Meanwhile, the Florida Probate Code may preserve the adopted person’s intestate inheritance 
rights to their birth parents’ estate.
70
  
 
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.
71
 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.
72
 Complicating matters, a TPR court order generally requires a judicial finding of harmful 
parental behavior towards the child.
73
 Also, while living parents may voluntarily surrender their parental 
rights over a child by written consent,
 74
 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.
75
 
 
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.
76
 
 
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 
                                                
63
 s. 39.01(14)(e), F.S. 
64
 Supra, FN 35 at 4; see s. 39.01(1), F.S. 
65
 s. 39.01(1), F.S. 
66
 G.S. v. T.B., 985 So.2d 978, 982 (Fla. 2008).  
67
 s. 63.172(1), F.S. 
68
 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). 
69
 s. 63.172(1)(c), F.S. 
70
 s. 63.172(1)(b), F.S. 
71
 s. 63.172(2), F.S. 
72
 See s. 39.621(3)(b), F.S. 
73
 s. 39.806(1), F.S. 
74
 s. 39.806(1)(a), F.S. 
75
 s. 63.064, F.S. 
76
 Supra, FN 35 at 4.  STORAGE NAME: h1083d.HHS 	PAGE: 12 
DATE: 2/26/2024 
  
these competing applications through a CBC’s adoption applicant review committee (AARC) for a non-
binding recommendation.
77
 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.
78
  
 
Unsuccessful applicants get an opportunity to challenge DCF’s decision under Florida’s Administrative 
Procedure Act (APA).
79
 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.
80
 A final 
order is due within 90 days after the conclusion of an informal hearing.
81
 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).
 82
 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.
83
 Then, 
DCF may adopt the ALJ’s recommended order as the final order or advance its own final order within 
90 days.
84
 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.
85
   
 
A party who is adversely affected by final agency action is entitled to judicial review.
86
 Generally, the 
unsuccessful applicant must appeal DCF’s adoption decision to the First District Court of Appeal (DCA) 
(the appellate district where DCF maintains its headquarters) or the appellate district of the party’s 
residence.
87
 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.
88 
 
The chart below surveys administrative challenges to denied adoption petitions. From 2019 through 
2023, less than 4.5% of DCF decisions made after APA review were appealed to the District Courts of 
Appeal (DCAs), and the DCAs overturned none of DCF’s decisions.
 89 
Year 
DCF Decisions 
Made After APA 
Review 
CBC Decisions 
Overturned 
by DCF 
DCA Appeals 
DCF Decisions 
Overturned 
by DCA 
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 
 
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.
90
  
 
                                                
77
 R. 65C-16.005(9), F.A.C. 
78
 These certified letters represent final agency action for purposes of Florida’s Administrative Procedure Act. 
79
 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).  
80
 s. 120.57(2), F.S. 
81
 s. 120.56(2)(l), F.S. 
82
 s. 120.57(1)(a), F.S. 
83
 s. 120.57(1)(k), F.S. 
84
 ss. 120.56(2)(l), 120.57(1)(l), F.S. 
85
 Supra, FN 35 at 10. 
86
 s. 120.68(1)(a), F.S. 
87
 s. 120.68(2)(a), F.S. 
88
 Supra, FN 35 at 10. 
89
 Id. 
90
 s. 39.812(4), F.S.  STORAGE NAME: h1083d.HHS 	PAGE: 13 
DATE: 2/26/2024 
  
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.
91
 Fundamentally, DCF’s consent to an adoption is not a 
prerequisite to the trial court’s authority to finalize an adoption.
92
 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.
93
 
 
 Adoption Fees 
 
DCF licenses 64 private adoption agencies,
94
 the state certified Florida Association of Christian Child 
Caring Agencies registers one private adoption agency, and the Florida Bar licenses over 100,000 
attorneys.
95
 Current law authorizes all of these adoption entities
96
 to assess fees for adoption services 
rendered.
97
 When the adoption entity is a Chapter 63 agency
98
 (i.e., one of the 64 DCF-licensed private 
adoption agencies), current law authorizes these DCF-licensed private adoption agencies to charge 
DCF-approved fees for foster care expenses, preplacement and postplacement social services, and 
facility and administrative costs.
99
 Specifically for these DCF-approved fees charged by private 
adoption agencies, court approval is not required prior to payment. 
 
Current law authorizes all types of adoption entities to charge, or pay on behalf of prospective adoptive 
parents, certain fees, costs, and expenses.
100
 Specifically, an adoption entity may charge or pay for the 
following fees, costs, and expenses.
101
 
 
 Reasonable living expenses of the birth mother which the birth mother is unable to pay due to 
unemployment, underemployment, or disability. 
 Reasonable and necessary medical expenses. 
 Expenses necessary to comply with Chapter 63 (e.g., service of process, investigator fees, 
diligent searches, a preliminary home study, and a final home investigation). 
 Court filing expenses, court costs, and other litigation expenses and birth certificate and medical 
record expenses. 
 Costs associated with an adoption entity’s placement of paid advertisements or paid listings for 
adoption services. 
 Certain professional fees relating to legal representation, agent representation, and professional 
counseling. 
 
Court approval of these fees, costs, and expenses are not required until they exceed certain statutory 
thresholds. Specifically, an adoption entity must secure court approval to charge or pay amounts 
                                                
91
 s. 63.062(7), F.S. 
92
 B.Y. v. Fla. Dep’t of Children and Families, 887 So.2d 1253, 1257 (Fla. 2004).  
93
 Id. 
94
 DCF’s Office of Licensing within the Office of Quality and Innovation licenses Florida’s child-placing agencies. 
95
 Florida Department of Children and Families, Agency Analysis of 2024 House Bill 1083, p. 13 (Dec. 15, 2023). 
96
 In Chapter 63, an “adoption entity” means DCF, a residential child-caring agency or family foster home registered with an association 
certified by a Florida statewide child care organization, a Florida child-placing agency licensed by DCF, a child-placing agency licensed 
in another state and licensed by DCF, or an attorney licensed or authorized to practice in Florida. ss. 63.032(3), (10), F.S. 
97
 See s. 63.097, F.S. generally.  
98
 For Chapter 63 purposes, “agency” means any DCF-licensed child-placing agency that places minors for adoption. s. 63.032(6), F.S. 
DCF’s Office of Licensing within the Office of Quality and Innovation licenses Florida’s child-placing agency. The types of child-placing 
licenses include community-based care lead agencies (for child protection and child welfare services), case management organizations 
(for ongoing safety management and service provision), foster home maintenance (for home studies), and private adoption agencies 
who are authorized to recruit families, place minors for adoption, and provide post-adoption services. Florida Department of Children 
and Families, Child-Placing Agency Licensing, https://www.myflfamilies.com/services/licensing/child-placing-agency-licensing (last 
visited Feb. 24, 2024). 
99
 S. 63.097(1), F.S. 
100
 S. 63.097(2), F.S. 
101
 Id.  STORAGE NAME: h1083d.HHS 	PAGE: 14 
DATE: 2/26/2024 
  
exceeding $5,000 in legal or other fees,
102
 $800 in court costs, and $5,000 in reasonable and 
necessary living and medical expenses.
103
   
 
However, for fees, costs, and expenses not itemized in the list above, current law requires an adoption 
entity to secure court approval before payment occurs. The presiding judge can only approve these 
unenumerated fees, costs, and expenses if he or she finds that extraordinary circumstances justify 
payment and that they are not prohibited by current law.
104
 Current law prohibits any fee or expense 
that constitutes payment for locating a minor for adoption, payment which lacks support in the affidavit 
of receipts and expenses filed with the adoption court, payment for vague, undefined service fees (e.g., 
facilitation fee or acquisition fee), and payment for fees that lack the date on which the adoption entity 
rendered the service, the time required to render the service, the person or entity rendering the service, 
and the hourly fee charged.
105
 
 
Otherwise, when an adoption entity uses the services of a licensed child-placing agency, a 
professional, a preliminary home study investigator for at-risk placements, or DCF on behalf of the 
person seeking to adopt the child, the prospective adoptive parent must pay an amount equal to the 
cost of all services performed, including, but not limited to, the cost of conducting the preliminary home 
study, counseling, and the final home investigation.
106
 
 
 Adoption Advertisements 
 
Current law prohibits the act of placing an advertisement or offering to the public that a minor is 
available for adoption or that someone is seeking a minor for adoption. Current law carves out a safe 
harbor provision only for adoption entities. As Florida heavily regulates adoption entities, the state 
possesses the means to hold adoption entities accountable in fulfilling the state’s adoption permanency 
goal for children adjudicated dependent. For example, even if an adoption entity purchases advertising 
space or broadcast time to advertise adoption services, current law requires adoption entities to include 
their Florida license number in their advertisements (or The Florida Bar number if the advertising 
adoption entity is an attorney). If the adoption entity fails to disclose licensure information in the 
advertisement, the adoption entity commits an illegal act.
107
  
 
State Adoption Subsidies 
 
The Maintenance Adoption Subsidy 
 
Current law makes adoption assistance available to prospective adoptive parents to enable them to 
adopt difficult-to-place children.
108
 A difficult-to-place child is a child: 
 Adjudicated dependent remaining in the permanent custody of DCF of a licensed child-placing 
agency; 
 Adjudicated dependent who established significant emotional ties with the foster parents or is 
unlikely to be adopted for certain reasons;
109
 or  
 For whom a reasonable but unsuccessful effort was made to place that child without providing a 
maintenance subsidy.
110
 
 
                                                
102
 While “other fees” is not defined, traditional canons of statutory interpretation indicate a presiding would interpret the statute in 
context with its surrounding provisions. Therefore, “other fees” foreseeably refers to professional fees, expenses relating to Chapter 63 
compliance, and an adoption entity’s placement of paid advertisements for adoption services.  
103
 S. 63.097(3), F.S. 
104
 S. 63.097(4), F.S. 
105
 S. 63.097(5), F.S. 
106
 S. 63.097(6), F.S. 
107
 See s. 63.212(g), F.S., generally. 
108
 s. 409.166(1), F.S. 
109
 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.  
110
 s. 409.166(2)(d), F.S.  STORAGE NAME: h1083d.HHS 	PAGE: 15 
DATE: 2/26/2024 
  
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.
111
 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.
112
 
 
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.
113
  
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.
114
   
 
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: 
 Completing secondary education or a program leading to an equivalent credential; 
 Being enrolled in an institution that provides postsecondary or vocational education; 
 Participating in a program or activity designed to promote or eliminate barriers to employment; 
or 
 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.
115
 
 
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. 
 
 Incentivizing Adoption 
 
Section 409.1664, F.S., provides for monetary awards to certain individuals to incentive the adoption of 
children from the child welfare system and those whom are generally difficult-to-place.  Difficult-to-place 
children are those who meet one of the following:  has developed strong emotional ties to the foster 
parents, is eight years of age or older, has a developmental disability, is physically or emotionally 
handicapped, is a member of a racial group that is disproportionately placed relative to other racial 
groups, or is a member of a sibling group.
116
 
 
Initially, adoption incentive awards were available to state employees, but the Legislature has since 
expanded eligibility to include veterans, law enforcement officers, and servicemembers.  The incentive 
awards are provided as a lump-sum payment in various amounts depending upon whether or not the 
child is considered difficult-to-place: 
 
 Employee, veteran or servicemember - $10,000 per difficult-to-place child; 
 Law enforcement officer - $25,000 per difficult-to-place child; 
                                                
111
 s. 409.166(2)(a), F.S. 
112
 s. 409.166(4)(b), F.S. 
113
 s. 409.166(5)(a), F.S. 
114
 s. 409.166(4)(c), F.S. 
115
 s. 409.166(4)(d), F.S. 
116
 s. 409.166, F.S.  STORAGE NAME: h1083d.HHS 	PAGE: 16 
DATE: 2/26/2024 
  
 Employee, veteran or servicemember - $5,000 per not difficult-to-place child; 
 Law enforcement officer - $10,000 per not difficult-to-place child. 
 
The availability of adoption incentive awards is subject to legislative appropriations, and are limited to 
one award per adopted child.  During Fiscal Year 2022-23, a total of 412 adoptions received an 
incentive award for a total of $4,345,000.
117
  For Fiscal Year 2024-25, a total of $8,377,470 of recurring 
base funding is available for adoption incentive awards. 
 
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.
118
 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.
119
 These young adults also have a higher need for public assistance 
and are more likely to experience housing instability and homelessness.
120
 
 
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,
121
 
with 2,167 teens and young adults entering Florida’s foster care system.
122
 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.
123
 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.
124
 In the interim, the most recent Florida NYTD available 
on DCF’s website is the 2018 report.
125
 In the chart below, the 2018 Florida NYTD documented 
outcomes related to education, employment, housing, finances and transportation, health and well-
being, and connections:
126
 
 
Outcomes of Young Adults who Aged Out of Care 
Area 	Outcome 
                                                
117
 E-mail correspondence with the Department of Children and Families, dated February 15, 2024, and on file with the Health Care 
Appropriations Subcommittee. 
118
 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 February 14, 2024).  
119
 Id.  
120
 Id.  
121
 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).  
122
 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). 
123
 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). 
124
 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).  
125
 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).  
126
 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: h1083d.HHS 	PAGE: 17 
DATE: 2/26/2024 
  
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. 
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.
127
  
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.
 128
 
 
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. 
                                                
127
 Id.  
128
 s. 409.1451(1)(c), F.S.  STORAGE NAME: h1083d.HHS 	PAGE: 18 
DATE: 2/26/2024 
  
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
129
 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.  
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.
130
 
 
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.
131
 
 
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.
132
 Eligible young adults receive financial 
assistance during the months when they are enrolled in a postsecondary education institution.
133
 
 
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.
134
 
 
Aftercare services include, but are not limited to, the following: 
 Mentoring and tutoring. 
 Mental health services and substance abuse counseling. 
 Life skills classes, including credit management and preventive health activities. 
 Parenting classes. 
 Job and career skills training. 
 Counselor consultations. 
 Temporary financial assistance for necessities.  
 Temporary financial assistance for emergencies like automobile repairs or large medical 
expenses. 
                                                
129
 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.  
130
 s. 409.1451(2)(a), F.S. 
131
 s. 409.1451(2)(b), F.S. 
132
 s. 409.1451(2)(d), F.S. 
133
 s. 409.1451(2)(b), F.S. 
134
 s. 409.1451(3)(a), F.S.; R. 65C-42.003(1), F.A.C.  STORAGE NAME: h1083d.HHS 	PAGE: 19 
DATE: 2/26/2024 
  
 Financial literary skills training.
135
 
 
DCF or a CBC lead agency determines the specific aftercare services provided to eligible young adults 
after an assessment.
136
 The resulting aftercare services plan is reassessed every 90 days.
137
 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.
138
 
 
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):  
 
139
 
 
Effect of the Bill 
 
Records Check Process 
 
To preserve DCF’s access to the FBI’s CHRI database, Florida must bring DCF’s criminal history 
record checks process into federal compliance. CS/CS/CS/HB 1083 requires certain standards for 
household members and visitors to the household. 
 
                                                
135
 s. 409.1451(3)(b), F.S. 
136
 s. 409.1451(3)(b), F.S. 
137
 R. 65C-42.003(8), F.A.C.  
138
 s. 409.1451(3)(a), F.S. 
139
 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: h1083d.HHS 	PAGE: 20 
DATE: 2/26/2024 
  
For household members, the bill first identifies DCF as the state agency responsible for conducting 
fingerprint-based background checks of out-of-home care household members when DCF arranges an 
emergency placement in out-of-home care for a child. 
 
Once DCF determines no household member is disqualified after the records check, the bill authorizes 
DCF to place the child in that household. 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.  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. 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. 
For visitors to the household, the bill requires DCF to conduct a name-based check of criminal history 
records of all visitors to the home. 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. This applies to any 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.   
The bill changes the name of DCF’s record checks system to the Comprehensive Child Welfare 
Information System. 
 
Orphaned Children Adjudication Process 
 
The bill creates a designated procedural process to adjudicate the dependency status of orphaned 
children.  
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 identify 
the allegedly deceased parents, a factual basis that both parents are deceased or the last known living 
parent is deceased, and 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 he or she 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   STORAGE NAME: h1083d.HHS 	PAGE: 21 
DATE: 2/26/2024 
  
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.  
 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.  
 
Adoption Incentive Awards 
 
The bill expands the population of who may be eligible to receive an adoption incentive award.  The bill 
includes certain health care practitioners and tax collector employees.  In this context, a health care 
practitioner is a person listed in s. 456.001(4), F.S. who holds an active license from the Department of 
Health and whose annual gross income does not exceed $150,000.
140
 Tax collector in this context 
refers to an employee of an office of a county tax collector within Florida. 
 
The bill increases the award amount and introduces parity among the eligible population: 
 
 State employee, veteran, law enforcement officer, health care practitioner, tax collector, or 
servicemember - $25,000 per difficult-to-place child; 
 State employee, veteran, law enforcement officer, health care practitioner, tax collector, or 
servicemember - $10,000 per not difficult-to-place 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.  
                                                
140
 s. 456.001(4), F.S. defines “health care practitioner” as one who holds a license pursuant to ch. 457, ch. 458, ch. 459, ch. 460, ch. 
461, ch. 462, ch. 463, ch. 464, ch. 465, ch. 466, ch. 467, certain parts of ch. 468, ch. 478, ch. 480, certain parts of ch. 483, ch. 484, ch. 
486, ch. 490, and ch. 491.  STORAGE NAME: h1083d.HHS 	PAGE: 22 
DATE: 2/26/2024 
  
 
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.  
 
DCF estimates these particular reforms will shave an average of 116 days of delay in the current 
permanency process.   
 
Adoption Fees 
 
The bill requires a court order, as opposed to mere court approval, to authorize the payment of certain 
adoption fees, costs, and expenses that exceed certain statutory threshold amounts. Within the court 
order, the bill requires the presiding judge to explain why he or she believes exceeding a statutory 
threshold hold amount is reasonable based on the case at bar. The bill expands the list of prohibited 
fees to include those fees listed on an affidavit that are not fees of an adoption entity and are not 
supported by a receipt. 
 
In addition, beginning January 1, 2025, the bill requires adoption entities to submit quarterly reports to 
DCF that disclose certain demographic information as well as the fees, costs, and expenses for each 
adoption finalized. Specifically, the adoption entities must report the following demographic information: 
 
 The adopted child’s age, race, ethnicity, sex, and Florida county of birth; and 
 The adoptive family’s Florida county of residence.  
 
The bill requires DCF to report quarterly, on its website, the statutorily enumerated information relating 
to demographics and finances for each adoption finalized. While the bill advises that the confidentiality 
provisions of Chapter 63 do not apply to reporting requirements on fees, costs, and expenses, the bill 
requires DCF to redact any confidential identifying information concerning a child, the child’s biological 
parents, and the child’s adoptive parents. 
 
Adoption Advertisements 
 
Current law prohibits non-adoption entities from advertising adoption-related services in any medium. 
To this end, the bill specifies examples of the types of media covered by the prohibition: paid 
advertisements, articles, notices, or any paid communications published in any newspaper, magazine, 
on the Internet, on a billboard, over radio, over television, or over other similar media. The bill advises 
that the listing of these mediums does not exclude other media that were not identified on the list.  
  STORAGE NAME: h1083d.HHS 	PAGE: 23 
DATE: 2/26/2024 
  
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. 63.097, F.S., relating to fees. 
Section 12: Amending s. 63.132, F.S., relating to affidavit of expenses and receipts. 
Section 13: Amending s. 63.212, F.S., relating to prohibited acts; penalties for violation. 
Section 14: Amending s. 409.1451, F.S., relating to the road-to-independence program. 
Section 15: Amending s. 409.166, F.S., relating to children within the child welfare system; adoption 
assistance program. 
Section 16: Amending s. 409.1664, F.S., relating to adoption benefits for qualifying adoptive 
employees of state agencies, veterans, servicemembers, law enforcement officers, health 
care practitioners, and tax collector employees. 
Section 17:  Amending s. 409.167, F.S., relating to statewide adoption exchange; establishment; 
responsibilities; registration requirements; rules. 
Section 18:  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 expands the population eligible for adoption incentive awards to include health care 
practitioners and employees of tax collectors.  Based on these changes, the department anticipates 
a total of 728 adoptions to receive incentive awards during Fiscal Year 2024-25, for a total need of 
$18,200,000.  With existing base funding of $8,377,470, this equates to an additional need of 
$9,822,530. 
The House proposed General Appropriations Act for FY 2024-25 (GAA) provides $9,822,530 for the 
additional funding needs that result from the bill’s expansion of adoption incentive award benefits.   
Also, 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  STORAGE NAME: h1083d.HHS 	PAGE: 24 
DATE: 2/26/2024 
  
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 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. 
In total, the bill has a fiscal impact of $17,932,670 ($9,822,530 for adoption incentive awards and 
$8,110,140 for expanded Independent Living eligibility).  The House proposed GAA includes 
sufficient funding to address the provisions of the bill. 
 
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 
On February 14, 2024, the Appropriations Committee adopted one amendment, and reported the bill 
favorably as a committee substitute. The amendment: 
 
 Expands the eligibility for adoption incentive awards by including certain health care practitioners 
and employees of tax collector offices as potential award recipients: 
o Specifies that a health care practitioner’s gross annual income may not exceed $150,000, 
o Specifies that a health care practitioner must hold an active licensed pursuant to ch.  
456.001(4), F.S. and apply for an incentive award through the Department of Health,  STORAGE NAME: h1083d.HHS 	PAGE: 25 
DATE: 2/26/2024 
  
o Specifies that a health care practitioner or tax collector employee may apply for an award 
only is he or she is a resident of the state and adopts a child from the child welfare system 
on, or after, July 1, 2024. 
 
 Increases the adoption incentive award amount for all eligible populations from $5,000 to $10,000 
for a child who is not difficult-to-place and from $10,000 to $25,000 for a child considered difficult-
to-place. 
 
On February 22, 2024, the Health & Human Services Committee adopted three amendments, and 
reported the bill favorably as a committee substitute. The amendments: 
 
 Identifies DCF as the state agency responsible for conducting fingerprint-based background 
checks of out-of-home care household members when DCF arranges an emergency placement 
in out-of-home care for a child. 
 
 Requires a court order to approve certain adoption fees, costs, and expenses that exceed 
certain statutory threshold amounts before payment.  
 
 Requires the court order to include an explanation of why the judge believes exceeding a 
statutory threshold amount is reasonable based on the case at bar.  
 
 Prohibits fees that are not a fee of an adoption entity and not supported by a receipt. 
 
 Requires adoption entities to submit quarterly reports to DCF that disclose certain demographic 
information for each adoption finalized and the fees/costs/expenses for each adoption finalized.  
 
 Advises that Chapter 63 confidentiality provisions do not apply to reporting requirements on 
fees/costs/expenses. However, the amendment requires DCF to redact any confidential 
identifying information concerning a child, the child’s biological parents, and the child’s adoptive 
parents. 
 
 Prohibits the placement of adoption-related paid advertisements by non-adoption entities 
through certain mediums in Florida if the advertisements lack the prerequisite licensing 
information.  
 
 Makes technical drafting changes to maintain aftercare eligibility for individuals who aged out of 
foster care. 
 
The analysis is drafted to the bill as amended by the Health & Human Services Committee.