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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to permanency for children; amending 2
s. 39.01, F.S.; defining the term "visitor"; amending 3
s. 39.0138, F.S.; renaming the "State Automated Child 4
Welfare Information System" as the "Comprehensive 5
Child Welfare Information System"; requiring the 6
Department of Children and Families to conduct a 7
criminal history records check of certain visitors to 8
a home in which a child is placed; defining the term 9
"emergency placement"; requiring the department to 10
conduct a name-based check of criminal history records 11
of certain persons in specified circumstances; 12
requiring certain persons to submit their fingerprints 13
to the department or other specified entities; 14
requiring the department or such entities to submit 15
such fingerprints to the Department of Law Enforcement 16
for state processing within a specified timeframe; 17
requiring the Department of Law Enforcement to forward 18
such fingerprints to the Federal Bureau of 19
Investigation within a specified timeframe; requiring 20
a child to be immediately removed from a home if 21
certain persons fail to provide their fingerprints and 22
are not exempt from a criminal history records check; 23
creating s. 39.5035, F.S.; providing procedure s and 24
requirements relating to deceased parents of a 25
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dependent child; amending s. 39.522, F.S.; authorizing 26
certain persons to remove a child from a court -ordered 27
placement under certain circumstances; requiring the 28
Department of Children and Families to f ile a 29
specified motion, and the court to set a hearing, 30
within specified timeframes under certain 31
circumstances; requiring a certain determination by 32
the court to support immediate removal of a child; 33
authorizing the court to base its determination on 34
certain evidence; requiring the court to enter certain 35
orders and conduct certain hearings under certain 36
circumstances; amending s. 39.6221, F.S.; revising a 37
requisite condition for placing a child in a permanent 38
guardianship; amending s. 39.6225, F.S.; revisi ng 39
eligibility for payments under the Guardianship 40
Assistance Program; amending s. 39.801, F.S.; 41
providing that service of process is not necessary 42
under certain circumstances; amending s. 39.812, F.S.; 43
authorizing the court to review the Department of 44
Children and Families' denial of an application to 45
adopt a child; requiring the department to file 46
written notification of its denial with the court and 47
provide copies to certain persons within a specified 48
timeframe; authorizing a denied applicant to file a 49
motion to review such denial within a specified 50
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timeframe; requiring the court to hold a hearing 51
within a specified timeframe; providing standing to 52
certain persons; authorizing certain persons to 53
participate in the hearing under certain 54
circumstances; requiring the court to enter an order 55
within a specified timeframe; providing an exception 56
to authorize the department to remove a child from his 57
or her foster home or custodian; amending s. 63.062, 58
F.S.; conforming provisions to changes made by the 59
act; amending s. 63.093, F.S.; requiring an adoptive 60
home study to be updated every 12 months after the 61
date on which the first study was approved; requiring 62
the department to adopt certain rules; amending s. 63
63.097, F.S.; requiring the court to issue a specified 64
order under certain circumstances; prohibiting certain 65
fees; requiring an adoption entity, beginning on a 66
specified date, to quarterly report certain 67
information to the department; requiring certain 68
information to be itemized by certain categories; 69
providing that confidentiality provisions do not apply 70
to certain information; requiring an adoption entity 71
to redact certain confidential identifying 72
information; requiring the department to quarterly 73
report certain information on its website; requiring 74
the department to adopt rules; amending s. 63.132, 75
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F.S.; requiring certain orders to contain a written 76
determination of reasonableness; conforming a 77
provision to changes made by the act; amending s. 78
63.212, F.S.; providing applicability; requiring a 79
specified statement to be included in certain 80
advertisements; amending s. 409.1451, F.S.; revising 81
the age requirements for receiving postsecondary 82
education services and support; amending s. 409.166, 83
F.S.; revising the age requirements for receiving 84
adoption assistance; amending s. 409.1664, F.S.; 85
providing definitions; providing certain adoption 86
benefits to health care practitioners and tax 87
collector employees; specifying methods for such 88
persons to apply for such benefits; increasing the 89
amount of monetary adoption bene fits certain persons 90
are eligible to receive; amending s. 409.167, F.S.; 91
providing requirements for the statewide adoption 92
exchange and its photo listing component and 93
description of children placed on such exchange; 94
authorizing only certain persons to acc ess the 95
statewide adoption exchange; authorizing certain 96
children to make certain requests and requiring them 97
to be consulted on certain decisions; conforming 98
provisions to changes made by the act; providing an 99
effective date. 100
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101
Be It Enacted by the Leg islature of the State of Florida: 102
103
Section 1. Subsection (88) is added to section 39.01, 104
Florida Statutes, to read: 105
39.01 Definitions.—When used in this chapter, unless the 106
context otherwise requires: 107
(88) "Visitor" means a person who: 108
(a) Provides care or supervision to a child in the home; 109
or 110
(b) Is 12 years of age or older, other than a child in 111
care, and who will be in the child's home at least: 112
1. Five consecutive days; or 113
2. Seven days or more in 1 month. 114
Section 2. Subsections (1) and (5) of section 39.0138, 115
Florida Statutes, are amended to read: 116
39.0138 Criminal history and other records checks; limit 117
on placement of a child. — 118
(1) The department shall conduct a records check through 119
the Comprehensive State Automated Child Welfare Information 120
System (SACWIS) and a local and statewide criminal history 121
records check on all persons, including parents, being 122
considered by the department for placement of a child under this 123
chapter, including all nonrelative placement decisions, and a ll 124
members of the household, 12 years of age and older, of the 125
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person being considered. For purposes of this section, a 126
criminal history records check may include, but is not limited 127
to, submission of fingerprints to the Department of Law 128
Enforcement for processing and forwarding to the Federal Bureau 129
of Investigation for state and national criminal history 130
information, and local criminal records checks through local law 131
enforcement agencies of all household members 18 years of age 132
and older and other visit ors 18 years of age and older to the 133
home. An out-of-state criminal history records check must be 134
initiated for any person 18 years of age or older who resided in 135
another state if that state allows the release of such records. 136
The department must complete the records check within 14 137
business days after receiving a person's criminal history 138
results, unless additional information is required to complete 139
the processing. The department shall establish by rule standards 140
for evaluating any information contained i n the automated system 141
relating to a person who must be screened for purposes of making 142
a placement decision. 143
(5)(a) If a child has been sheltered pursuant to s. 39.402 144
and the department must arrange an emergency placement in out -145
of-home care for the ch ild, the department must conduct a name -146
based check of criminal history records to ascertain if the 147
person with whom placement of the child is being considered and 148
any other adult household members of such person are 149
disqualified. For purposes of this para graph, the term 150
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"emergency placement" means the department is placing a child in 151
the home of a private individual, including a neighbor, friend, 152
or relative, as a result of an immediate removal pursuant to s. 153
39.402. 154
(b) The department may place a child in the a home if the 155
person with whom placement of the child is being considered and 156
any other adult household members or visitors of the home are 157
not disqualified by the name -based check, but, unless exempt, 158
such persons must submit a full set of fingerpr ints to the 159
department or to a vendor, an entity, or an agency authorized 160
under s. 943.053(13). Unless exempt, within 7 calendar days 161
after the name-based check, the department, vendor, entity, or 162
agency must submit the fingerprints to the Department of La w 163
Enforcement for state processing. Within 15 calendar days after 164
the name-based check was conducted, the Department of Law 165
Enforcement must forward the fingerprints to the Federal Bureau 166
of Investigation for national processing that otherwise meets 167
placement requirements if a name check of state and local 168
criminal history records systems does not disqualify the 169
applicant and if the department submits fingerprints to the 170
Department of Law Enforcement for forwarding to the Federal 171
Bureau of Investigation and is awaiting the results of the state 172
and national criminal history records check . 173
(c) The department shall seek a court order to immediately 174
remove the child from the home if the person with whom the child 175
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was placed or any other adult household members or visitors of 176
the home fail to provide their fingerprints within 15 calendar 177
days after the name-based check is conducted and such persons 178
are not exempt from a criminal history records check. 179
Section 3. Section 39.5035, Florida Statutes, is created 180
to read: 181
39.5035 Deceased parents; special procedures. — 182
(1)(a)1. If both parents of a child are deceased or the 183
last known living parent of a child is deceased and a legal 184
custodian has not been appointed for the child through a probate 185
or guardianship proceeding, then an attorney for the department 186
or any other person who has knowledge of the facts alleged or is 187
informed of the alleged facts, and believes them to be true, may 188
initiate a proceeding by filin g a petition for adjudication and 189
permanent commitment. 190
2. If a child has been placed in shelter status by order 191
of the court but has not yet been adjudicated, a petition for 192
adjudication and permanent commitment must be filed within 21 193
days after the shelter hearing. In all other cases, the petition 194
must be filed within a reasonable time after the date the 195
petitioner first becomes aware of the facts that support the 196
petition for adjudication and permanent commitment. 197
(b) If both parents die or the last known living parent 198
dies after a child has already been adjudicated dependent, an 199
attorney for the department or any other person who has 200
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knowledge of the facts alleged or is informed of the alleged 201
facts, and believes them to be true, may file a petition for 202
permanent commitment. The petition must be filed within a 203
reasonable time after the petitioner first becomes aware of the 204
facts that support the petition for permanent commitment. 205
(2) The petition must be: 206
(a) In writing, identify the alleged dece ased parents, and 207
provide facts that establish that both parents of the child are 208
deceased or the last known living parent is deceased and that a 209
legal custodian has not been appointed for the child through a 210
probate or guardianship proceeding. 211
(b) Signed by the petitioner under oath stating the 212
petitioner's good faith in filing the petition. 213
(3) When a petition for adjudication and permanent 214
commitment or a petition for permanent commitment has been 215
filed, the clerk of court must set the case before th e court for 216
an adjudicatory hearing. The adjudicatory hearing must be held 217
as soon as practicable after the petition is filed, but no later 218
than 30 days after the filing date. 219
(4) Notice of the date, time, and place of the 220
adjudicatory hearing and a copy of the petition must be served 221
on the following persons: 222
(a) Any person who has physical custody of the child. 223
(b) A living relative of each parent of the child, unless 224
a living relative cannot be found after a diligent search or 225
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inquiry. 226
(c) The guardian ad litem for the child or the 227
representative of the guardian ad litem program, if the program 228
has been appointed. 229
(5) The court shall conduct adjudicatory hearings without 230
a jury and apply the rules of evidence in use in civil cases, 231
adjourning the hearings as necessary. The court must determine 232
whether the petitioner has established by clear and convincing 233
evidence that both parents of the child are deceased, or that 234
the last known living parent is deceased and the other parent 235
cannot be found after a diligent search or inquiry, and that a 236
legal custodian has not been appointed for the child through a 237
probate or guardianship proceeding. A certified copy of the 238
death certificate for each parent is sufficient evidence of the 239
parents' deaths. 240
(6) Within 30 days after an adjudicatory hearing on a 241
petition for adjudication and permanent commitment: 242
(a) If the court finds that the petitioner has met the 243
clear and convincing standard, the court must enter a written 244
order adjudicating the child dependen t and permanently 245
committing the child to the custody of the department for the 246
purpose of adoption. A disposition hearing must be scheduled no 247
later than 30 days after the entry of the order, in which the 248
department must provide a case plan that identifie s the 249
permanency goal for the child to the court. Reasonable efforts 250
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must be made to place the child in a timely manner in accordance 251
with the permanency plan and to complete all steps necessary to 252
finalize the permanent placement of the child. Thereafter, until 253
the adoption of the child is finalized or the child reaches the 254
age of 18 years, whichever occurs first, the court must hold 255
hearings every 6 months to review the progress being made toward 256
permanency for the child. 257
(b) If the court finds that cle ar and convincing evidence 258
does not establish that both parents of a child are deceased, or 259
that the last known living parent is deceased and the other 260
parent cannot be found after a diligent search or inquiry, and 261
that a legal custodian has not been appoi nted for the child 262
through a probate or guardianship proceeding, but that a 263
preponderance of the evidence establishes that the child does 264
not have a parent or legal custodian capable of providing 265
supervision or care, the court must enter a written order 266
adjudicating the child dependent. A disposition hearing must be 267
scheduled no later than 30 days after the entry of the order as 268
provided in s. 39.521. 269
(c) If the court finds that the petitioner has not met the 270
clear and convincing standard and that a preponderance of the 271
evidence does not establish that the child does not have a 272
parent or legal custodian capable of providing supervision or 273
care, the court must enter a written order so finding and 274
dismiss the petition. 275
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(7) Within 30 days after an adjudicatory hearing on a 276
petition for permanent commitment: 277
(a) If the court finds that the petitioner has met the 278
clear and convincing standard, the court must enter a written 279
order permanently committing the child to the custody of the 280
department for purposes of adoption. A disposition hearing must 281
be scheduled no later than 30 days after the entry of the order, 282
in which the department must provide an amended case plan that 283
identifies the permanency goal for the chi ld to the court. 284
Reasonable efforts must be made to place the child in a timely 285
manner in accordance with the permanency plan and to complete 286
all steps necessary to finalize the permanent placement of the 287
child. Thereafter, until the adoption of the child is finalized 288
or the child reaches the age of 18 years, whichever occurs 289
first, the court must hold hearings every 6 months to review the 290
progress being made toward permanency for the child. 291
(b) If the court finds that clear and convincing evidence 292
does not establish that both parents of a child are deceased or 293
that the last known living parent is deceased and the other 294
parent cannot be found after a diligent search or inquiry, the 295
court must enter a written order denying the petition. The order 296
has no effect on the child's prior adjudication. The order does 297
not bar the petitioner from filing a subsequent petition for 298
permanent commitment based on newly discovered evidence that 299
establishes that both parents of a child are deceased, or that 300
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the last known living parent is deceased, and that a legal 301
custodian has not been appointed for the child through a probate 302
or guardianship proceeding. 303
Section 4. Subsection (7) is added to section 39.522, 304
Florida Statutes, to read: 305
39.522 Postdisposition change of c ustody.— 306
(7) Notwithstanding any other provision of this section, a 307
child's case manager, an authorized agent of the department, or 308
a law enforcement officer may, at any time, remove a child from 309
a court-ordered placement and take the child into custody if the 310
court-ordered caregiver of the child requests immediate removal 311
of the child from the home. Additionally, an authorized agent of 312
the department or a law enforcement officer may, at any time, 313
remove a child from a court -ordered placement and take the child 314
into custody if there is probable cause as required under s. 315
39.401(1)(b). 316
(a) If, at the time of the removal, the child was not 317
placed in licensed care in the department's custody, the 318
department must file a motion to modify placement within 1 319
business day after the child is taken into custody. The court 320
must then set a hearing within 24 hours after the motion is 321
filed unless all of the parties and the current caregiver agree 322
to the change of placement. At the hearing, the court must 323
determine if the department has established probable cause to 324
support the immediate removal of the child from his or her 325
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current placement. The court may base its determination on a 326
sworn petition or affidavit or on testimony and may hear all 327
relevant and material evid ence, including oral or written 328
reports, to the extent of their probative value, even if such 329
evidence would not be competent evidence at an adjudicatory 330
hearing. 331
(b) If the court finds that the department did not 332
establish probable cause to support the removal of the child 333
from his or her current placement, the court must enter an order 334
that the child be returned to such placement. An order by the 335
court to return the child to his or her current placement does 336
not preclude a party from filing a subsequent motion pursuant to 337
subsection (2). 338
(c) If the current caregiver admits that a change of 339
placement is needed or the department establishes probable cause 340
to support removal of the child, the court must enter an order 341
changing the placement of the child. The new placement for the 342
child must meet the home study criteria in this chapter if the 343
child is not placed in foster care. 344
(d) If the court finds probable cause and modifies the 345
child's placement, the court must conduct a hearing pursuant to 346
subsection (2) or subsection (3), unless such hearing is waived 347
by all parties and the caregiver. 348
Section 5. Paragraph (a) of subsection (1) of section 349
39.6221, Florida Statutes, is amended to read: 350
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39.6221 Permanent guardianship of a dependent child. — 351
(1) If a court determines that reunification or adoption 352
is not in the best interest of the child, the court may place 353
the child in a permanent guardianship with a relative or other 354
adult approved by the court if all of the following conditions 355
are met: 356
(a) The child has been in the placement for not less than 357
the preceding 6 months , or the preceding 3 months if the 358
caregiver is already known by the child and such caregiver has 359
been named as the successor guardian on the child's guardianship 360
assistance agreement. 361
Section 6. Subsection (9) of section 39.6225, Florida 362
Statutes, is amended to read: 363
39.6225 Guardianship Assistance Program. — 364
(9) Guardianship assistance payments may not shall only be 365
made for a young adult unless the young adult's whose permanent 366
guardian entered into a guardianship assistance agreement after 367
the child attained 14 16 years of age but before the child 368
attained 18 years of age and if the child is: 369
(a) Completing secondary education or a program leading to 370
an equivalent credential; 371
(b) Enrolled in an institution that provides postsecondary 372
or vocational education; 373
(c) Participating in a program or activity designed to 374
promote or eliminate barriers to employment; 375
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(d) Employed for at least 80 hours per month; or 376
(e) Unable to participate in programs or activities listed 377
in paragraphs (a)-(d) full time due to a physical, intellectual, 378
emotional, or psychiatric condition that limits participation. 379
Any such barrier to participation must be supported by 380
documentation in the child's case file or school or medical 381
records of a physical, intellectual, emotional, or psychiatric 382
condition that impairs the child's ability to perform one or 383
more life activities. 384
Section 7. Paragraph (d) of subsection (3) of section 385
39.801, Florida Statutes, is redesignated as paragraph (e), and 386
a new paragraph (d) is added to that subsection to read: 387
39.801 Procedures and jurisdiction; notice; service of 388
process.— 389
(3) Before the court may terminate parental rights, in 390
addition to the other requirements set forth in this part, the 391
following requirements must be met: 392
(d) Personal appearance of a person at the advisory 393
hearing as provided in s. 39.013(13) obviates the necessity of 394
serving process on that person and the court may proceed with 395
the advisory hearing and any subsequently noticed hearing. 396
Section 8. Subsections (4), (5), and (6) of section 397
39.812, Florida Statutes, are amended to read: 398
39.812 Postdisposition relief; petition for adoption. — 399
(4) The court shall retain jurisdi ction over any child 400
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placed in the custody of the department until the child is 401
adopted. After custody of a child for subsequent adoption has 402
been given to the department, the court has jurisdiction for the 403
purpose of reviewing the status of the child and the progress 404
being made toward permanent adoptive placement. As part of this 405
continuing jurisdiction, for good cause shown by the guardian ad 406
litem for the child, the court may: 407
(a) Review the appropriateness of the adoptive placement 408
of the child if good cause is shown by the guardian ad litem for 409
the child. 410
(b) Review the department's denial of an application to 411
adopt a child. The department's decision to deny an application 412
to adopt a child is only reviewable under this section and is 413
not subject to chapter 120. 414
1. If the department denies an application to adopt a 415
child, the department must file written notification of the 416
denial with the court and provide copies to all parties within 417
10 business days after the department's decision. 418
2. A denied applicant may file a motion to have the court 419
review the department's denial within 30 business days after the 420
issuance of the department's written notification of its 421
decision to deny the application to adopt a child. The motion to 422
review must allege that the department unreasonably denied the 423
application to adopt and request that the court allow the denied 424
applicant to file a petition to adopt the child under chapter 63 425
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without the department's consent. 426
3. A denied applicant only has standing under this chapter 427
to file a motion to review the department's denial and to 428
present evidence in support of such motion. Such standing is 429
terminated upon the entry of the court's order. 430
4. The court shall hold a hearing within 30 business days 431
after the denied app licant files the motion to review. The court 432
may only consider whether the department's denial of the 433
application is consistent with its policies and if the 434
department made such decision in an expeditious manner. The 435
standard of review is whether the depar tment's denial of the 436
application is an abuse of discretion. 437
5. If the department selected a different applicant to 438
adopt the child, the selected applicant may participate in the 439
hearing as a participant, as defined in s. 39.01, and may be 440
granted leave by the court to be heard without the need to file 441
a motion to intervene. 442
6. Within 15 business days after the conclusion of the 443
hearing, the court must enter a written order denying the motion 444
to review or finding that the department unreasonably denied the 445
application to adopt and authorizing the denied applicant to 446
file a petition to adopt the child under chapter 63 without the 447
department's consent. 448
(5) When a licensed foster parent or court -ordered 449
custodian has applied to adopt a child who has resid ed with the 450
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foster parent or custodian for at least 6 months and who has 451
previously been permanently committed to the legal custody of 452
the department and the department does not grant the application 453
to adopt, the department may not, in the absence of a pr ior 454
court order authorizing it to do so, remove the child from the 455
foster home or custodian, except when: 456
(a) There is probable cause to believe that the child is 457
at imminent risk of abuse or neglect; 458
(b) Thirty business days have expired following written 459
notice to the foster parent or custodian of the denial of the 460
application to adopt, within which period no formal challenge of 461
the department's decision has been filed; 462
(c) A motion to review the department's denial of an 463
application to adopt a child under paragraph (4)(b) has been 464
denied; or 465
(d)(c) The foster parent or custodian agrees to the 466
child's removal. 467
(6)(5) The petition for adoption must be filed in the 468
division of the circuit court which entered the jud gment 469
terminating parental rights, unless a motion for change of venue 470
is granted pursuant to s. 47.122. A copy of the consent to 471
adoption executed by the department must be attached to the 472
petition, unless such consent is waived under pursuant to s. 473
63.062(7). The petition must be accompanied by a statement, 474
signed by the prospective adoptive parents, acknowledging 475
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receipt of all information required to be disclosed under s. 476
63.085 and a form provided by the department which details the 477
social and medical history of the child and each parent and 478
includes the social security number and date of birth for each 479
parent, if such information is available or readily obtainable. 480
The prospective adoptive parents may not file a petition for 481
adoption until the jud gment terminating parental rights becomes 482
final. An adoption proceeding under this subsection is governed 483
by chapter 63. 484
(7)(a)(6)(a) Once a child's adoption is finalized, the 485
community-based care lead agency must make a reasonable effort 486
to contact the adoptive family by telephone 1 year after the 487
date of finalization of the adoption as a postadoption service. 488
For purposes of this subsection, the term "reasonable effort" 489
means the exercise of reasonable diligence and care by the 490
community-based care lead agency to make contact with the 491
adoptive family. At a minimum, the agency must document all of 492
the following: 493
1. The number of attempts made by the community -based care 494
lead agency to contact the adoptive family and whether those 495
attempts were successfu l.; 496
2. The types of postadoption services that were requested 497
by the adoptive family and whether those services were provided 498
by the community-based care lead agency .; and 499
3. Any feedback received by the community -based care lead 500
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agency from the adopti ve family relating to the quality or 501
effectiveness of the services provided. 502
(b) The community-based care lead agency must report 503
annually to the department on the outcomes achieved and 504
recommendations for improvement under this subsection. 505
Section 9. Subsection (7) of section 63.062, Florida 506
Statutes, is amended to read: 507
63.062 Persons required to consent to adoption; affidavit 508
of nonpaternity; waiver of venue. — 509
(7) If parental rights to the minor have previously been 510
terminated, the adoption ent ity with which the minor has been 511
placed for subsequent adoption may provide consent to the 512
adoption. In such case, no other consent is required. If the 513
minor has been permanently committed to the department for 514
subsequent adoption, the department must con sent to the adoption 515
or the court order finding that the department unreasonably 516
denied the application to adopt entered under s. 39.812(4) must 517
be attached to the petition to adopt, and The consent of the 518
department shall be waived upon a determination by the court 519
that such consent is being unreasonably withheld and if the 520
petitioner must file has filed with the court a favorable 521
preliminary adoptive home study as required under s. 63.092. 522
Section 10. Subsections (4) and (5) of section 63.093, 523
Florida Statutes, are amended, and subsection (6) is added to 524
that section, to read: 525
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63.093 Adoption of children from the child welfare 526
system.— 527
(4) Before a child is placed in an adoptive home, the 528
community-based care lead agency or its subcontracted agency 529
must complete an adoptive home study of a prospective adoptive 530
parent that includes observation, screening, and evaluation of 531
the child and the prospective adoptive parent. An adoptive home 532
study must be updated every is valid for 12 months after the 533
date on which the first study was approved. If the child was 534
placed before the termination of parental rights, the updated 535
placement or licensing home study may serve as the adoption home 536
study. In addition, the community -based care lead agency or its 537
subcontracted agency must complete a preparation process, as 538
established by department rule, with the prospective adoptive 539
parent. 540
(5) At the conclusion of the adoptive home study and 541
preparation process, a decision must shall be made about the 542
prospective adoptive parent's appropriateness to adopt. This 543
decision must shall be reflected in the final recommendation 544
included in the adoptive home study. If the recommendation is 545
for approval, the adoptive parent application file must be 546
submitted to the community -based care lead agency or its 547
subcontracted agency for approval. The community -based care lead 548
agency or its subcontracted agency must approve or deny the home 549
study within 14 business days after receipt of the 550
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recommendation. 551
(6) The department shall adopt rules to eliminate 552
duplicative practices and delays in the adoption home study 553
process for a member of a uniformed service on active duty 554
seeking to adopt in the state, including, but not limited to, 555
providing a credit for adoption classes that have been taken in 556
another state which substantially cover the preservice training 557
required under s. 409.175(14)(b). 558
559
Notwithstanding subsections (1) and (2), this section does not 560
apply to a child adopted through the process provided in s. 561
63.082(6). 562
Section 11. Subsections (1), (3), and (4) and paragraph 563
(c) of subsection (5) of section 63.097, Florida Statutes, are 564
amended, and subsection (7) is added to that section, to read: 565
63.097 Fees.— 566
(1) When the adoption entity is an agency, fees may be 567
assessed if such fees they are approved by the department within 568
the process of licensing the agency and if such fees they are 569
for: 570
(a) Foster care expenses .; 571
(b) Preplacement and postplacement social services .; and 572
(c) Agency facility and administrative costs. 573
(3) The court must issue an order pursuant to s. 63.132(3) 574
if Approval of the court is not required until the total of 575
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amounts permitted under subsection (2) exceeds: 576
(a) $5,000 in legal or other professional fees; 577
(b) $800 in court costs; or 578
(c) $5,000 in reasonable and necessary living and medical 579
expenses. 580
(4) Any fees, costs, or expenses not included in 581
subsection (2) or prohibited under subsection (5) require court 582
approval and entry of an order pursuant to s. 63.132(3) before 583
prior to payment and must be based on a finding of extraordinary 584
circumstances. 585
(5) The following fees, costs, and expenses are 586
prohibited: 587
(c) Any fee on the affidavit which is not a fee of the 588
adoption entity, is not supported by a receipt, does not specify 589
the service that was provided and for which the fee is being 590
charged, such as a fee for facilitation, acquisition, or other 591
similar service, or which does not identify the date the service 592
was provided, the time required to provide the service, the 593
person or entity providing the service, and the hourly fee 594
charged. 595
(7) Beginning January 1, 2025, an adoption entity shall 596
report quarterly to the department information related to the 597
age, race, ethnicity, sex, and county of birth of the adopted 598
child and the county of residence of the adoptive family for 599
each finalized adoption. The adoption entity shall also report 600
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for each finalized adoption the fees, costs, and expenses that 601
were assessed by the adoption entity or paid by the adoption 602
entity on behalf of t he prospective adoptive parents, itemized 603
by the categories enumerated in subsection (2), and any fees, 604
costs, and expenses approved by the court under subsection (4). 605
The confidentiality provisions of this chapter do not apply to 606
the fees, costs, and expe nses assessed or paid in connection 607
with an adoption. In reporting the information required by this 608
subsection to the department, the adoption entity shall redact 609
any confidential identifying information concerning the child, 610
the child's biological parents , and the child's adoptive 611
parents. The department shall report quarterly on its website 612
information for each adoption entity including the actual fees, 613
costs, and expenses of finalized adoptions. The department shall 614
adopt rules to implement this subsecti on. 615
Section 12. Subsection (3) of section 63.132, Florida 616
Statutes, is amended to read: 617
63.132 Affidavit of expenses and receipts. — 618
(3) The court must issue a separate order approving or 619
disapproving the fees, costs, and expenses itemized in the 620
affidavit. The court may approve only fees, costs, and 621
expenditures allowed under s. 63.097. An order approving fees, 622
costs, and expenses that exceed the limits set forth in s. 623
63.097 must include a written determination of reasonableness. 624
The court may reject in whole or in part any fee, cost, or 625
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expenditure listed if the court finds that the expense is any of 626
the following: 627
(a) Contrary to this chapter. 628
(b) Not supported by a receipt , if requested, if the 629
expense is not a fee of the adoption entity. 630
(c) Not a reasonable fee or expense, considering the 631
requirements of this chapter and the totality of the 632
circumstances. 633
Section 13. Paragraph (g) of subsection (1) of section 634
63.212, Florida Statutes, is amended to read: 635
63.212 Prohibited acts; penalties for violation. — 636
(1) It is unlawful for any person: 637
(g) Except an adoption entity, to place an advertisement 638
or offer to the public, in any way, by any medium whatever that 639
a minor is available for adoption or that a minor is sought for 640
adoption; and, further, it is unlawful for any person purchasing 641
advertising space or purchasing broadcast time to advertise 642
adoption services to fail to include in any publication or fail 643
to include in the broadcast for such advertisement the Florida 644
license number of the adoption entity or The Florida Bar number 645
of the attorney placing the advertisement. This prohibition 646
applies, but is not limited, to a paid advertisement, an 647
article, a notice, or any other paid communication published in 648
any newspaper or maga zine, or on the Internet, on a billboard, 649
over radio or television, or other similar media. 650
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1. Only a person who is an attorney licensed to practice 651
law in this state or an adoption entity licensed under the laws 652
of this state may place an a paid advertisement in this state or 653
paid listing of the person's telephone number, on the person's 654
own behalf, in a telephone directory that: 655
a. A child is offered or wanted for adoption; or 656
b. The person is able to place, locate, or receive a child 657
for adoption. 658
2. A person who publishes a telephone directory , 659
newspaper, magazine, billboard, or any other written 660
advertisement that is distributed in this state must shall 661
include, at the beginning of any classified heading for adoption 662
and adoption services, a statement that informs directory users 663
that only attorneys licensed to practice law in this state and 664
licensed adoption entities licensed under the laws of this state 665
may legally provide adoption services under state law. 666
3. A person who places an advertise ment described in 667
subparagraph 1. in a telephone directory must include the 668
following information: 669
a. For an attorney licensed to practice law in this state, 670
the person's Florida Bar number. 671
b. For a child-placing agency licensed under the laws of 672
this state, the number on the person's adoption entity license. 673
Section 14. Paragraph (a) of subsection (2) of section 674
409.1451, Florida Statutes, is amended to read: 675
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409.1451 The Road-to-Independence Program. — 676
(2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.— 677
(a) A young adult is eligible for services and support 678
under this subsection if he or she: 679
1. Was living in licensed care on his or her 18th birthday 680
or is currently living in licensed care; or was at least 14 16 681
years of age and was adopted from foster care or placed with a 682
court-approved dependency guardian after spending at least 6 683
months in licensed care within the 12 months immediately 684
preceding such placement or adoption; 685
2. Spent at least 6 months in licensed care before 686
reaching his or her 18th birthday; 687
3. Earned a standard high school diploma pursuant to s. 688
1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent 689
pursuant to s. 1003.435; 690
4. Has been admitted for enrollment as a full -time student 691
or its equivalent in an eli gible postsecondary educational 692
institution as provided in s. 1009.533. For purposes of this 693
section, the term "full -time" means 9 credit hours or the 694
vocational school equivalent. A student may enroll part -time if 695
he or she has a recognized disability or is faced with another 696
challenge or circumstance that would prevent full -time 697
attendance. A student needing to enroll part -time for any reason 698
other than having a recognized disability must get approval from 699
his or her academic advisor; 700
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5. Has reached 18 years of age but is not yet 23 years of 701
age; 702
6. Has applied, with assistance from the young adult's 703
caregiver and the community -based lead agency, for any other 704
grants and scholarships for which he or she may qualify; 705
7. Submitted a Free Application for Federal Student Aid 706
which is complete and error free; and 707
8. Signed an agreement to allow the department and the 708
community-based care lead agency access to school records. 709
Section 15. Paragraph (d) of subsection (4) of section 710
409.166, Florida Statutes, is amended to read: 711
409.166 Children within the child welfare system; adoption 712
assistance program.— 713
(4) ADOPTION ASSISTANCE. — 714
(d) Effective January 1, 2019, adoption assistance 715
payments may be made for a child whose adoptive parent entered 716
into an initial adoption assistance agreement after the child 717
reached 14 16 years of age but before the child reached 18 years 718
of age. Such payments may be made until the child reaches age 21 719
if the child is: 720
1. Completing secondary educat ion or a program leading to 721
an equivalent credential; 722
2. Enrolled in an institution that provides postsecondary 723
or vocational education; 724
3. Participating in a program or activity designed to 725
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promote or eliminate barriers to employment; 726
4. Employed for at least 80 hours per month; or 727
5. Unable to participate in programs or activities listed 728
in subparagraphs 1.-4. full time due to a physical, an 729
intellectual, an emotional, or a psychiatric condition that 730
limits participation. Any such barrier to parti cipation must be 731
supported by documentation in the child's case file or school or 732
medical records of a physical, an intellectual, an emotional, or 733
a psychiatric condition that impairs the child's ability to 734
perform one or more life activities. 735
Section 16. Section 409.1664, Florida Statutes, is amended 736
to read: 737
409.1664 Adoption benefits for qualifying adoptive 738
employees of state agencies, veterans, servicemembers, and law 739
enforcement officers , health care practitioners, and tax 740
collector employees.— 741
(1) As used in this section, the term: 742
(a) "Child within the child welfare system" has the same 743
meaning as provided in s. 409.166(2). 744
(b) "Health care practitioner" means a person listed in s. 745
456.001(4) who holds an active license from the Department of 746
Health and whose gross income does not exceed $150,000 per year. 747
(c)(b) "Law enforcement officer" has the same meaning as 748
provided in s. 943.10(1). 749
(d)(c) "Qualifying adoptive employee" means a full -time or 750
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part-time employee of a state agency, a c harter school 751
established under s. 1002.33, or the Florida Virtual School 752
established under s. 1002.37, who is not an independent 753
contractor and who adopts a child within the child welfare 754
system pursuant to chapter 63 on or after July 1, 2015. The term 755
includes instructional personnel, as defined in s. 1012.01, who 756
are employed by the Florida School for the Deaf and the Blind, 757
and includes other-personal-services employees who have been 758
continuously employed full time or part time by a state agency 759
for at least 1 year. 760
(e)(d) "Servicemember" has the same meaning as in s. 761
250.01(19). 762
(f)(e) "State agency" means a branch, department, or 763
agency of state government for which the Chief Financial Officer 764
processes payroll requisitions, a state university or F lorida 765
College System institution as defined in s. 1000.21, a school 766
district unit as defined in s. 1001.30, or a water management 767
district as defined in s. 373.019. 768
(g) "Tax collector employee" means an employee of an 769
office of county tax collector in t he state. 770
(h)(f) "Veteran" has the same meaning as in s. 1.01(14). 771
(2) A qualifying adoptive employee, veteran, law 772
enforcement officer, health care practitioner, tax collector 773
employee, or servicemember who adopts a child within the child 774
welfare system who is difficult to place as described in s. 775
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409.166(2)(d)2. is eligible to receive a lump -sum monetary 776
benefit in the amount of $25,000 $10,000 per such child, subject 777
to applicable taxes. A law enforcement officer who adopts a 778
child within the child w elfare system who is difficult to place 779
as described in s. 409.166(2)(d)2. is eligible to receive a 780
lump-sum monetary benefit in the amount of $25,000 per such 781
child, subject to applicable taxes. A qualifying adoptive 782
employee, veteran, law enforcement officer, health care 783
practitioner, tax collector employee, or servicemember who 784
adopts a child within the child welfare system who is not 785
difficult to place as described in s. 409.166(2)(d)2. is 786
eligible to receive a lump -sum monetary benefit in the amount of 787
$10,000 $5,000 per such child, subject to applicable taxes. A 788
law enforcement officer who adopts a child within the child 789
welfare system who is not difficult to place as described in s. 790
409.166(2)(d)2. is eligible to receive a lump -sum monetary 791
benefit in the amount of $10,000 per each such child, subject to 792
applicable taxes. A qualifying adoptive employee of a charter 793
school or the Florida Virtual School may retroactively apply for 794
the monetary benefit provided in this subsection if such 795
employee was employed by a charter school or the Florida Virtual 796
School when he or she adopted a child within the child welfare 797
system pursuant to chapter 63 on or after July 1, 2015. A 798
veteran or servicemember may apply for the monetary benefit 799
provided in this subsection if he or she is domiciled in this 800
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state and adopts a child within the child welfare system 801
pursuant to chapter 63 on or after July 1, 2020. A law 802
enforcement officer may apply for the monetary benefit provided 803
in this subsection if he or she is domiciled in this state and 804
adopts a child within the child welfare system pursuant to 805
chapter 63 on or after July 1, 2022. A health care practitioner 806
or tax collector employee may apply for the monetary benefit 807
provided in this subsection if he or she is domiciled in this 808
state and adopts a child within the child welfare system 809
pursuant to chapter 63 on or after July 1, 2024. 810
(a) Benefits paid to a qualifying adoptive employee who is 811
a part-time employee must be prorated based on the qualifying 812
adoptive employee's full-time equivalency at the time of 813
applying for the benefits. 814
(b) Monetary benefits awarded under this subsection are 815
limited to one award per adopted child within the child welfare 816
system. 817
(c) The payment of a lump -sum monetary benefit for 818
adopting a child within the child welfare system under this 819
section is subject to a specific appropriation to the department 820
for such purpose. 821
(3) A qualifying adoptive employee must apply to his or 822
her agency head, or to his or her school director in the case o f 823
a qualifying adoptive employee of a charter school or the 824
Florida Virtual School, to obtain the monetary benefit provided 825
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in subsection (2). A veteran , or servicemember, or tax collector 826
employee must apply to the department to obtain the benefit. A 827
law enforcement officer must apply to the Department of Law 828
Enforcement to obtain the benefit. A health care practitioner 829
must apply to the Department of Health to obtain the benefit. 830
Applications must be on forms approved by the department and 831
must include a certified copy of the final order of adoption 832
naming the applicant as the adoptive parent. Monetary benefits 833
shall be approved on a first -come, first-served basis based upon 834
the date that each fully completed application is received by 835
the department. 836
(4) This section does not preclude a qualifying adoptive 837
employee, veteran, servicemember, health care practitioner, tax 838
collector employee, or law enforcement officer from receiving 839
adoption assistance for which he or she may qualify under s. 840
409.166 or any other statute that provides financial incentives 841
for the adoption of children. 842
(5) Parental leave for a qualifying adoptive employee must 843
be provided in accordance with the personnel policies and 844
procedures of his or her employer. 845
(6) The department may adopt rules to administer this 846
section. The rules may provide for an application process such 847
as, but not limited to, an open enrollment period during which 848
qualifying adoptive employees, veterans, servicemembers, health 849
care practitioners, tax coll ector employees, or law enforcement 850
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officers may apply for monetary benefits under this section. 851
(7) The Chief Financial Officer shall disburse a monetary 852
benefit to a qualifying adoptive employee upon the department's 853
submission of a payroll requisition . The Chief Financial Officer 854
shall transfer funds from the department to a state university, 855
a Florida College System institution, a school district unit, a 856
charter school, the Florida Virtual School, or a water 857
management district, as appropriate, to ena ble payment to the 858
qualifying adoptive employee through the payroll systems as long 859
as funds are available for such purpose. 860
(8) To receive an approved monetary benefit under this 861
section, a veteran or servicemember must be registered as a 862
vendor with the state. 863
(9) Each state agency shall develop a uniform procedure 864
for informing employees about this benefit and for assisting the 865
department in making eligibility determinations and processing 866
applications. Any procedure adopted by a state agency is vali d 867
and enforceable if the procedure does not conflict with the 868
express terms of this section. 869
Section 17. Subsections (1) through (4) of section 870
409.167, Florida Statutes, are amended to read: 871
409.167 Statewide adoption exchange; establishment; 872
responsibilities; registration requirements; rules. — 873
(1) The Department of Children and Families shall 874
establish, either directly or through purchase, a statewide 875
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adoption exchange, with a photo listing component, which serves 876
shall serve all authorized licens ed child-placing agencies in 877
the state as a means of recruiting adoptive families for 878
children who have been legally freed for adoption and who have 879
been permanently placed with the department or a licensed child -880
placing agency. The statewide adoption exchange must shall 881
provide, in accordance with rules adopted by the department, a 882
description and photo listing component of each child 883
descriptions and photographs of such children , as well as any 884
other information deemed useful in the recruitment of adoptiv e 885
families for each child. The photo listing component of the 886
statewide adoption exchange must be updated monthly and may not 887
be accessible to the public, except to persons who have 888
completed or are in the process of completing an adoption home 889
study. 890
(2)(a) Each district of the department shall refer each 891
child in its care who has been legally freed for adoption to the 892
statewide adoption exchange no later than 30 days after the date 893
of acceptance by the department for permanent placement. The 894
referral must be accompanied by a photo listing component 895
photograph and description of the child. Any child who is 12 896
years of age or older may request that a specific photo be used 897
for that child's photo listing component and such child must be 898
consulted during the development of his or her description. 899
(b) The department shall establish criteria by which a 900
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
district may determine that a child need not be registered with 901
the statewide adoption exchange. Within 30 days after the date 902
of acceptance by the department for permanent placement, the 903
name of the child accepted for permanent placement must be 904
forwarded to the statewide adoption exchange by the district 905
together with reference to the specific reason why the child 906
should not be placed on the statewide adoption exchange. If the 907
child has not been placed for adoption within 3 months after the 908
date of acceptance by the department for permanent placement, 909
the district must shall provide the statewide adoption exchange 910
with the necessary photograph and information f or registration 911
of the child with the statewide adoption exchange and the child 912
must shall be placed on the statewide adoption exchange. The 913
department shall establish procedures for monitoring the status 914
of children who are not placed on the statewide adoption 915
exchange within 30 days after the date of acceptance by the 916
department for permanent placement. 917
(3) In accordance with rules established by the 918
department, the statewide adoption exchange may accept, from 919
licensed child-placing agencies, informatio n pertaining to 920
children meeting the criteria of this section, and to 921
prospective adoptive families, for registration with the 922
statewide adoption exchange. 923
(4) For purposes of facilitating family -matching between 924
children and prospective adoptive parents , the statewide 925
ENROLLED
CS/CS/CS/HB 1083, Engrossed 1 2024 Legislature
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
adoption exchange must shall provide the photo listing component 926
service to all licensed child -placing agencies and, in 927
accordance with rules adopted established by the department, to 928
all appropriate citizen groups and other organizations a nd 929
associations interested in children's services. The photo 930
listing component of the statewide adoption exchange may not be 931
accessible to the public, except to persons who have completed 932
or are in the process of completing an adoption home study. 933
Section 18. This act shall take effect July 1, 2024. 934