Florida Senate - 2024 SB 1486 By Senator Collins 14-00826A-24 20241486__ 1 A bill to be entitled 2 An act relating to child permanency; amending s. 3 39.01, F.S.; defining the term visitor; amending s. 4 39.0138, F.S.; requiring the Department of Children 5 and Families to conduct a records check through the 6 Comprehensive Child Welfare Information System on all 7 persons being considered for placement of a child; 8 requiring the department to complete a name-based 9 check of federal criminal history records for certain 10 persons being considered for child placement when a 11 child has been sheltered; requiring a specified entity 12 to ensure that the fingerprints of the applicant and 13 the members of the applicants household are submitted 14 to the Department of Law Enforcement by a specified 15 time, unless certain exemptions apply; requiring the 16 Department of Law Enforcement to forward the 17 fingerprints to the Federal Bureau of Investigation by 18 a specified time; prohibiting the Department of 19 Children and Families from placing a child in a home 20 if certain requirements are not met; requiring the 21 Department of Children and Families to seek a court 22 order to remove a child from a placement if certain 23 fingerprinting requirements are not met; amending s. 24 39.202, F.S.; allowing any person to have access to 25 certain identifying child records under specified 26 circumstances; creating s. 39.5035, F.S.; authorizing 27 specified persons to file both a petition alleging 28 dependency and a petition for permanent commitment of 29 a child whose parents are deceased and who does not 30 have a legal custodian; requiring that both a petition 31 alleging dependency and a petition for permanent 32 commitment of a child be filed within specified 33 timeframes, as applicable; authorizing specified 34 persons to file a petition for the permanent 35 commitment of a child whose parents are deceased, 36 under certain circumstances; providing requirements 37 for the petition for the permanent commitment of the 38 child; requiring that adjudicatory hearings be held 39 within a specified timeframe; providing notice 40 requirements; providing requirements for the 41 adjudicatory hearing on the petition for the permanent 42 commitment of a child; requiring the court to enter 43 certain orders in certain circumstances within 44 specified timeframes after the adjudicatory hearing; 45 specifying requirements for disposition hearings; 46 amending s. 39.522, F.S.; authorizing a childs case 47 manager, an authorized agent of the department, or a 48 law enforcement officer to remove a child from a 49 court-ordered placement under certain circumstances; 50 requiring the department to perform certain duties 51 within a specified timeframe after a child is removed 52 from placement if the child was not placed in licensed 53 care at the time of removal; requiring the court to 54 hold a hearing to determine whether the department had 55 probable cause to support the removal of the child; 56 requiring the court to enter certain orders, depending 57 on whether the court determines there is probable 58 cause to remove the child; requiring the court to 59 conduct a hearing if a finding of probable cause for 60 the removal of the child is made and the childs 61 placement is modified, unless certain parties waive 62 this requirement; amending s. 39.6221, F.S.; revising 63 a condition for the placement of a child in permanent 64 guardianship; amending s. 39.6225, F.S.; revising a 65 criterion for guardianship assistance payments made to 66 guardians who have entered into a guardianship 67 assistance agreement; amending s. 39.801, F.S.; 68 authorizing the court to proceed with a hearing for 69 the termination of parental rights under certain 70 circumstances; amending s. 39.812, F.S.; authorizing 71 the court to review the departments denial of an 72 application to adopt a child; requiring that certain 73 provisions be carried out upon the courts review of a 74 denial of an application to adopt a child; revising 75 the conditions under which the department may remove a 76 child from the foster home the child was residing in 77 or the custodian the child was residing with; 78 requiring the department or its contracted licensed 79 child-placing agency to make every reasonable effort 80 to contact the adoptive family of the child once the 81 adoption is finalized; requiring the department or its 82 contracted licensed child-placing agency to record 83 certain information; amending s. 63.032, F.S.; 84 defining the term licensed child-placing agency; 85 amending s. 63.062, F.S.; requiring the department to 86 consent to an adoption or attach to the petition to 87 adopt the court order finding that the adoption was 88 unreasonably withheld in certain circumstances; 89 amending s. 63.093, F.S.; requiring the department to 90 contract with licensed child-placing agencies for 91 specified purposes beginning on a specified date; 92 requiring the department, through its contracted 93 licensed child-placing agency, to respond to certain 94 inquiries from an adoptive parent in a certain amount 95 of time; requiring the department, through its 96 contracted licensed child-placing agency, to refer an 97 adoptive parent to a certain training program; 98 requiring the department, through its contracted 99 licensed child-placing agency, to complete an adoptive 100 home study that must be updated on a specified 101 schedule; authorizing the updated placement or 102 licensing home study to serve as the adoption home 103 study under certain circumstances; requiring the 104 contracted licensed child-placing agency to approve or 105 deny a home study within a specified timeframe; 106 requiring the department to adopt certain rules to 107 eliminate certain practices; requiring the department 108 to annually report to the Governor and the Legislature 109 on the status of adoptions in this state; amending s. 110 63.097, F.S.; revising the amount of certain fees that 111 may be assessed without approval of the court; 112 prohibiting the court from approving certain fees if 113 the fees exceed the total amount of the Federal 114 Adoption Tax Credit for the current tax year; amending 115 s. 409.1451, F.S.; providing that aftercare services 116 are available to certain young adults who are eligible 117 for either the Guardianship Assistance Program or the 118 adoption assistance program; amending s. 409.166, 119 F.S.; revising conditions for the department to 120 provide adoption assistance payments to adoptive 121 parents of certain children; repealing s. 409.1662, 122 F.S., relating to the adoption incentive program; 123 amending s. 409.1664, F.S.; defining the term health 124 care practitioner; authorizing specified persons to 125 receive a lump sum monetary benefit for the adoption 126 of certain children in the welfare system; increasing 127 the amount of a lump sum monetary benefit specified 128 persons are authorized to receive for such adoptions; 129 authorizing health care practitioners to apply for the 130 monetary benefit if certain requirements are met; 131 requiring a health care practitioner to apply to the 132 Department of Health to obtain the benefit; allowing a 133 health care practitioner to obtain adoption assistance 134 for which he or she may qualify under applicable 135 statutes; authorizing the department to adopt rules 136 that may provide for an application process that 137 health care practitioners may use to apply for 138 monetary benefits; amending s. 409.988, F.S.; deleting 139 provisions that require a lead agency to serve certain 140 children; providing effective dates. 141 142 Be It Enacted by the Legislature of the State of Florida: 143 144 Section 1.Subsection (88) is added to section 39.01, 145 Florida Statutes, to read: 146 39.01Definitions.When used in this chapter, unless the 147 context otherwise requires: 148 (88)Visitor means a person who: 149 (a)Provides care or supervision to children in the home; 150 or 151 (b)Is 14 years of age or older, other than a child in 152 care, and who will be in the childs home at least: 153 1.Five consecutive days; or 154 2.Any seven or more days in a period of a month. 155 Section 2.Subsections (1) and (5) of section 39.0138, 156 Florida Statutes, are amended to read: 157 39.0138Criminal history and other records checks; limit on 158 placement of a child. 159 (1)The department shall conduct a records check through 160 the Comprehensive State Automated Child Welfare Information 161 System (SACWIS) and a local and statewide criminal history 162 records check on all persons, including parents, being 163 considered by the department for placement of a child under this 164 chapter, including all nonrelative placement decisions, and all 165 members of the household, 12 years of age and older, of the 166 person being considered. For purposes of this section, a 167 criminal history records check may include, but is not limited 168 to, submission of fingerprints to the Department of Law 169 Enforcement for processing and forwarding to the Federal Bureau 170 of Investigation for state and national criminal history 171 information, and local criminal records checks through local law 172 enforcement agencies of all household members 18 years of age 173 and older and other frequent adult visitors to the home. An out 174 of-state criminal history records check must be initiated for 175 any person 18 years of age or older who resided in another state 176 if that state allows the release of such records. The department 177 must complete the records check within 14 business days after 178 receiving a persons criminal history results, unless additional 179 information is required to complete the processing. The 180 department shall establish by rule standards for evaluating any 181 information contained in the automated system relating to a 182 person who must be screened for purposes of making a placement 183 decision. 184 (5)When a child has been sheltered pursuant to s. 39.402 185 and must be placed in out-of-home care due to an emergency, the 186 department must complete a name-based check of federal criminal 187 history records to ascertain whether the applicant being 188 considered for placement or the adult household members residing 189 with the applicant will jeopardize the safety of the sheltered 190 child. 191 (a)If the name-based check of federal criminal history 192 records does not return any record of federal criminal history, 193 the department, vendor, entity, or agency authorized by s. 194 943.053(13) must ensure that the fingerprints of the applicant 195 and all adult members of the applicants household are submitted 196 to the Department of Law Enforcement for state processing within 197 7 days after receipt of the results of the name-based check if 198 such persons are not exempted from the fingerprinting 199 requirements. The Department of Law Enforcement shall forward 200 the fingerprints to the Federal Bureau of Investigation for 201 national processing within 15 calendar days after the date the 202 Department of Law Enforcement received the fingerprints. The 203 department may not place a child in a home if the applicant or a 204 member of the applicants household is disqualified by the name 205 based check or if their fingerprints are not submitted timely to 206 the Federal Bureau of Investigation. 207 (b)The department shall seek a court order to immediately 208 remove the child from the home if any applicant or adult 209 household member fails to provide fingerprints within 7 days 210 after the name-based check, unless such persons are exempted 211 from the fingerprint requirements The department may place a 212 child in a home that otherwise meets placement requirements if a 213 name check of state and local criminal history records systems 214 does not disqualify the applicant and if the department submits 215 fingerprints to the Department of Law Enforcement for forwarding 216 to the Federal Bureau of Investigation and is awaiting the 217 results of the state and national criminal history records 218 check. 219 Section 3.Paragraph (o) of subsection (2) of section 220 39.202, Florida Statutes, is amended to read: 221 39.202Confidentiality of reports and records in cases of 222 child abuse or neglect; exception. 223 (2)Except as provided in subsection (4), access to such 224 records, excluding the name of, or other identifying information 225 with respect to, the reporter which shall be released only as 226 provided in subsection (5), shall be granted only to the 227 following persons, officials, and agencies: 228 (o)Any person in the event that the cause of the death of 229 a child, as determined by the department at the completion of 230 its investigation in accordance with s. 39.301(16), was to be a 231 result of abuse, abandonment, or neglect. Information 232 identifying the person reporting abuse, abandonment, or neglect 233 may shall not be released. Any information otherwise made 234 confidential or exempt by law may shall not be released pursuant 235 to this paragraph. 236 Section 4.Section 39.5035, Florida Statutes, is created to 237 read: 238 39.5035Deceased parents; special procedures. 239 (1)(a)If both parents of a child are deceased, or the last 240 known living parent dies and a legal custodian has not been 241 appointed for the child through a probate or guardianship 242 proceeding, an attorney for the department, a guardian ad litem, 243 or any other person who has knowledge of the facts alleged or is 244 informed of such facts and believes that they are true may 245 initiate a proceeding by filing both a petition alleging 246 dependency and a petition for the permanent commitment of the 247 child. Both the petition alleging dependency and the petition 248 for the permanent commitment of the child must be filed within 249 21 days after the shelter hearing for a child who has been 250 placed in shelter status by order of the court and has not yet 251 been adjudicated dependent. In all other cases, both the 252 petition alleging dependency and the petition for the permanent 253 commitment of the child must be filed within a reasonable time 254 after the petitioner first becomes aware of the facts supporting 255 the petitions. 256 (b)If both parents die or the last known living parent 257 dies after a child has already been adjudicated dependent, an 258 attorney for the department, a guardian ad litem, or any other 259 person who has knowledge of the facts alleged or is informed of 260 them and believes that they are true may file a petition for 261 permanent commitment of the child. The petition must be filed 262 within a reasonable time after the petitioner first becomes 263 aware of the facts that support the petition for permanent 264 commitment. 265 (2)A petition for the permanent commitment of the child 266 must fulfill all of the following requirements: 267 (a)Be in writing. 268 (b)Identify the alleged deceased parent or parents and 269 provide facts that establish that both parents of the child are 270 deceased or the last known living parent is deceased and that a 271 legal custodian has not been appointed for the child through a 272 probate or guardianship proceeding. 273 (c)Be signed by the petitioner under oath stating the 274 petitioners good faith in filing the petition. 275 (3)When a petition for the permanent commitment of the 276 child has been filed, the clerk of the court shall set the case 277 before the court for an adjudicatory hearing. The adjudicatory 278 hearing must be held as soon as practicable after either 279 petition is filed and no later than 30 days after the filing 280 date. 281 (4)Notice of the date, time, and place of the adjudicatory 282 hearing and a copy of the petition must be served on the 283 following persons: 284 (a)Any person who has physical custody of the child. 285 (b)A living relative of each parent of the child, unless a 286 living relative cannot be found after a diligent search or 287 inquiry. 288 (c)The guardian ad litem for the child or the 289 representative of the guardian ad litem program, if a guardian 290 ad litem has been appointed. 291 (5)Adjudicatory hearings must be conducted by a judge, 292 without a jury, applying the rules of evidence used in civil 293 cases and adjourning the hearings from time to time as 294 necessary. At the hearing, the judge shall determine whether the 295 petitioner has established by clear and convincing evidence that 296 both parents of the child are deceased, or that the last known 297 living parent is deceased and the other parent cannot be found 298 after diligent search or inquiry, and that a legal custodian has 299 not been appointed for the child through a probate or 300 guardianship proceeding. A certified copy of the death 301 certificate for a parent is sufficient evidence of proof of the 302 parents death. 303 (6)If, within 30 days after an adjudicatory hearing on a 304 petition for the permanent commitment of the child, the court 305 finds that the petitioner: 306 (a)Has met the clear and convincing standard, the court 307 must enter a written order adjudicating the child dependent and 308 permanently committing the child to the custody of the 309 department for the purpose of adoption. A disposition hearing 310 must be scheduled no later than 30 days after the entry of the 311 order, in which hearing the department must provide to the court 312 a case plan that identifies the permanency goal for the child. 313 Reasonable efforts must be made to place the child in a timely 314 manner in accordance with the permanency plan and to complete 315 all steps necessary to finalize the permanent placement of the 316 child. Thereafter, until the adoption of the child is finalized 317 or the child reaches 18 years of age, whichever occurs first, 318 the court shall hold hearings every 6 months to review the 319 progress being made toward permanency for the child. 320 (b)Has not met the clear and convincing standard and that 321 a preponderance of the evidence establishes that the child does 322 not have a parent or legal custodian capable of providing 323 supervision or care, the court must enter a written order 324 adjudicating the child dependent. A disposition hearing must be 325 scheduled no later than 30 days after the entry of the order as 326 provided in s. 39.521. 327 (c)Has not met the clear and convincing standard and that 328 a preponderance of the evidence does not establish that the 329 child does not have a parent or legal custodian capable of 330 providing supervision or care, the court must enter a written 331 order so finding and dismissing the petition. 332 Section 5.Subsection (7) is added to section 39.522, 333 Florida Statutes, to read: 334 39.522Postdisposition change of custody. 335 (7)Notwithstanding any other provision of this section, a 336 childs case manager, an authorized agent of the department, or 337 a law enforcement officer may at any time remove a child from a 338 court-ordered placement and take the child into custody if the 339 childs current caregiver requests immediate removal of the 340 child from the home. An authorized agent of the department or a 341 law enforcement officer may also remove a child from a court 342 ordered placement and take the child into custody if there is 343 probable cause as required in s. 39.401(1)(b). 344 (a)If, at the time of the removal, the child was not 345 placed in licensed care in the departments custody, the 346 department must file a motion to modify placement within 1 347 business day after the child is taken into custody. Unless all 348 parties and the current caregiver agree to the change of 349 placement, the court shall set a hearing within 24 hours after 350 the filing of the motion. At the hearing, the court shall 351 determine whether the department has established probable cause 352 to support the immediate removal of the child from his or her 353 current placement. The court may base its determination on a 354 sworn petition, testimony, or an affidavit and may hear all 355 relevant and material evidence, including oral or written 356 reports, to the extent of its probative value even though it 357 would not be competent evidence at an adjudicatory hearing. 358 (b)If the court finds that probable cause is not 359 established to support the removal of the child from the 360 placement, the court must order that the child be returned to 361 his or her current placement. Such a finding does not preclude a 362 party from filing a subsequent motion pursuant to subsection 363 (2). 364 (c)If the current caregiver admits to a need for a change 365 of placement or if probable cause is established to support the 366 removal, the court must enter an order changing the placement of 367 the child. If the child is not placed in foster care, the new 368 placement for the child must meet the home study criteria in 369 this chapter. 370 (d)If the childs placement is modified based on a 371 probable cause finding, the court must conduct a hearing under 372 the procedures in subsection (2) or subsection (3), unless 373 waived by all parties and the caregiver. 374 Section 6.Paragraph (a) of subsection (1) of section 375 39.6221, Florida Statutes, is amended to read: 376 39.6221Permanent guardianship of a dependent child. 377 (1)If a court determines that reunification or adoption is 378 not in the best interest of the child, the court may place the 379 child in a permanent guardianship with a relative or other adult 380 approved by the court if all of the following conditions are 381 met: 382 (a)The child has been in the placement for not less than 383 the preceding 6 months, or the preceding 3 months if the 384 caregiver has been named as the successor guardian on the 385 childs guardianship assistance agreement. 386 Section 7.Subsection (9) of section 39.6225, Florida 387 Statutes, is amended to read: 388 39.6225Guardianship Assistance Program. 389 (9)Guardianship assistance payments shall only be made for 390 a young adult whose permanent guardian entered into a 391 guardianship assistance agreement after the child attained 14 16 392 years of age but before the child attained 18 years of age if 393 the child is: 394 (a)Completing secondary education or a program leading to 395 an equivalent credential; 396 (b)Enrolled in an institution that provides postsecondary 397 or vocational education; 398 (c)Participating in a program or activity designed to 399 promote or eliminate barriers to employment; 400 (d)Employed for at least 80 hours per month; or 401 (e)Unable to participate in programs or activities listed 402 in paragraphs (a)-(d) full time due to a physical, intellectual, 403 emotional, or psychiatric condition that limits participation. 404 Any such barrier to participation must be supported by 405 documentation in the childs case file or school or medical 406 records of a physical, intellectual, emotional, or psychiatric 407 condition that impairs the childs ability to perform one or 408 more life activities. 409 Section 8.Present paragraph (d) of subsection (3) of 410 section 39.801, Florida Statutes, is redesignated as paragraph 411 (e), and a new paragraph (d) is added to that subsection, to 412 read: 413 39.801Procedures and jurisdiction; notice; service of 414 process. 415 (3)Before the court may terminate parental rights, in 416 addition to the other requirements set forth in this part, the 417 following requirements must be met: 418 (d)Personal appearance of any person at the advisory 419 hearing as provided in s. 39.013(13) obviates the necessity of 420 serving process on that person, and the court may proceed with 421 the advisory hearing and any subsequently noticed hearing. 422 Section 9.Subsection (4) and present subsections (5) and 423 (6) of section 39.812, Florida Statutes, are amended, and 424 subsection (7) is added to that section, to read: 425 39.812Postdisposition relief; petition for adoption. 426 (4)The court shall retain jurisdiction over any child 427 placed in the custody of the department until the child is 428 adopted. After custody of a child for subsequent adoption has 429 been given to the department, the court has jurisdiction for the 430 purpose of reviewing the status of the child and the progress 431 being made toward permanent adoptive placement. As part of this 432 continuing jurisdiction, the court may: 433 (a)For good cause shown by the guardian ad litem for the 434 child, the court may review the appropriateness of the adoptive 435 placement of the child. 436 (b)Review the departments denial of an application to 437 adopt a child. The departments decision to deny an application 438 to adopt a child is reviewable only as provided in this section 439 and is not subject to chapter 120. 440 1.If the department denies an application to adopt, the 441 written notification of denial provided to the applicant must be 442 filed with the court and copies provided to all parties within 443 10 business days after the decision. 444 2.A denied applicant may file a motion to review the 445 departments denial within 30 days after the issuance of the 446 departments written notification of the decision to deny the 447 application. 448 3.A denied applicant has standing under this chapter only 449 to file the motion to review in subparagraph 2. and to present 450 evidence in support of the motion. Such standing is terminated 451 upon entry of the courts order. 452 4.The motion to review under subparagraph 2. must allege 453 the department unreasonably withheld its consent to the adoption 454 and must request that the court allow the denied applicant to 455 file a petition to adopt the child under chapter 63 without the 456 departments consent. 457 5.The court shall hold a hearing within 30 days after the 458 filing of the motion to review. The court may only consider 459 whether the departments denial of the application was 460 consistent with department policies and made in an expeditious 461 manner. The standard of review is whether the departments 462 denial of the application was an abuse of discretion. 463 6.If the department selected a different applicant to 464 adopt the child, the selected applicant may participate in the 465 hearing as a participant as defined in s. 39.01(57) and may be 466 granted leave by the court to be heard without the necessity of 467 filing a motion to intervene. 468 7.The court shall enter a written order within 15 days 469 after the conclusion of the hearing, either denying the motion 470 to review or finding that the department unreasonably withheld 471 its consent and authorizing the denied applicant to file a 472 petition to adopt the child under chapter 63 without the 473 departments consent. 474 (5)When a licensed foster parent or court-ordered 475 custodian has applied to adopt a child who has resided with the 476 foster parent or custodian for at least 6 months and who has 477 previously been permanently committed to the legal custody of 478 the department and the department does not grant the application 479 to adopt, the department may not, in the absence of a prior 480 court order authorizing it to do so, remove the child from the 481 foster home or custodian, except when: 482 (a)There is probable cause to believe that the child is at 483 imminent risk of abuse or neglect; 484 (b)A motion filed under paragraph (4)(b) to review the 485 departments denial of an application has been denied by the 486 court; 487 (c)(b)Thirty days have expired following written notice to 488 the foster parent or custodian of the denial of the application 489 to adopt, within which period no formal challenge of the 490 departments decision has been filed; or 491 (d)(c)The foster parent or custodian agrees to the childs 492 removal. 493 (6)(5)The petition for adoption must be filed in the 494 division of the circuit court which entered the judgment 495 terminating parental rights, unless a motion for change of venue 496 is granted pursuant to s. 47.122. A copy of the consent executed 497 by the department must be attached to the petition, unless 498 waived pursuant to s. 63.062(7). The petition must be 499 accompanied by a statement, signed by the prospective adoptive 500 parents, acknowledging receipt of all information required to be 501 disclosed under s. 63.085 and a form provided by the department 502 which details the social and medical history of the child and 503 each parent and includes the social security number and date of 504 birth for each parent, if such information is available or 505 readily obtainable. The prospective adoptive parents may not 506 file a petition for adoption until the judgment terminating 507 parental rights becomes final. An adoption proceeding under this 508 subsection is governed by chapter 63. 509 (7)(a)(6)(a)Once a childs adoption is finalized, the 510 department or its contracted licensed child-placing community 511 based care lead agency must make a reasonable effort to contact 512 the adoptive family by telephone 1 year after the date of 513 finalization of the adoption as a postadoption service. For 514 purposes of this subsection, the term reasonable effort means 515 the exercise of reasonable diligence and care by the department 516 or its contracted licensed child-placing community-based care 517 lead agency to make contact with the adoptive family. At a 518 minimum, the department or its contracted licensed child-placing 519 agency must document the following: 520 1.The number of attempts made by the department or its 521 contracted licensed child-placing community-based care lead 522 agency to contact the adoptive family and whether those attempts 523 were successful; 524 2.The types of postadoption services that were requested 525 by the adoptive family and whether those services were provided 526 by the department or its contracted licensed child-placing 527 community-based care lead agency; and 528 3.Any feedback received by the department or its 529 contracted licensed child-placing community-based care lead 530 agency from the adoptive family relating to the quality or 531 effectiveness of the services provided. 532 (b)The department or its contracted licensed child-placing 533 community-based care lead agency must report annually to the 534 department on the outcomes achieved and recommendations for 535 improvement under this subsection. 536 Section 10.Effective July 1, 2025, present subsections 537 (12) through (19) of section 63.032, Florida Statutes, are 538 redesignated as subsections (13) through (20), respectively, and 539 a new subsection (12) is added to that section, to read: 540 63.032Definitions.As used in this chapter, the term: 541 (12)Licensed child-placing agency has the same meaning 542 as in s. 39.01. 543 Section 11.Subsection (7) of section 63.062, Florida 544 Statutes, is amended to read: 545 63.062Persons required to consent to adoption; affidavit 546 of nonpaternity; waiver of venue. 547 (7)If parental rights to the minor have previously been 548 terminated, the adoption entity with which the minor has been 549 placed for subsequent adoption may provide consent to the 550 adoption. In such case, no other consent is required. If the 551 minor has been permanently committed to the department for 552 subsequent adoption, the department must consent to the adoption 553 or, in the alternative, the court order finding that the 554 department unreasonably withheld its consent entered under s. 555 39.812(4) must be attached to the petition to adopt and the 556 consent of the department shall be waived upon a determination 557 by the court that such consent is being unreasonably withheld 558 and if the petitioner must file has filed with the court a 559 favorable preliminary adoptive home study as required under s. 560 63.092. 561 Section 12.Section 63.093, Florida Statutes, is amended to 562 read: 563 63.093Adoption of children from the child welfare system. 564 (1)Beginning July 1, 2025, the department shall contract 565 with one or more licensed child-placing agencies to provide 566 adoptive services to prospective adoptive parents, to complete 567 the adoption processes for children permanently committed to the 568 department, and to support adoptive families. The department may 569 permit a contracted licensed child-placing agency to subcontract 570 the duties required in this section. 571 (2)The department, through its contracted licensed child 572 placing or community-based care lead agency as defined in s. 573 409.986(3), or its subcontracted agency, must respond to an 574 initial inquiry from a prospective adoptive parent within 7 575 business days after receipt of the inquiry. The response must 576 inform the prospective adoptive parent of the adoption process 577 and the requirements for adopting a child from the child welfare 578 system. 579 (3)(2)The department, through its contracted licensed 580 child-placing or community-based care lead agency, or its 581 subcontracted agency, must refer a prospective adoptive parent 582 who is interested in adopting a child in the custody of the 583 department to a department-approved adoptive parent training 584 program. A prospective adoptive parent must successfully 585 complete the training program, unless the prospective adoptive 586 parent is a licensed foster parent or a relative or nonrelative 587 caregiver who has: 588 (a)Attended the training program within the last 5 years; 589 or 590 (b)Had the child who is available for adoption placed in 591 their home for 6 months or longer and has been determined to 592 understand the challenges and parenting skills needed to 593 successfully parent the child who is available for adoption. 594 (4)(3)A prospective adoptive parent must complete an 595 adoption application created by the department. 596 (5)(4)Before a child is placed in an adoptive home, the 597 department, through its contracted licensed child-placing 598 community-based care lead agency or its subcontracted agency, 599 must complete an adoptive home study of a prospective adoptive 600 parent that includes observation, screening, and evaluation of 601 the child and the prospective adoptive parent. An adoptive home 602 study must be updated every is valid for 12 months from after 603 the date on which the study was approved. If the child was 604 placed before the termination of parental rights, the updated 605 placement or licensing home study may serve as the adoption home 606 study. In addition, the department, through its contracted 607 licensed child-placing community-based care lead agency or its 608 subcontracted agency, must complete a preparation process, as 609 established by department rule, with the prospective adoptive 610 parent. 611 (6)(5)At the conclusion of the adoptive home study and 612 preparation process, a decision shall be made about the 613 prospective adoptive parents appropriateness to adopt. This 614 decision shall be reflected in the final recommendation included 615 in the adoptive home study. If the recommendation is for 616 approval, the adoptive parent application file must be submitted 617 to the department, through its contracted licensed child-placing 618 community-based care lead agency or its subcontracted agency, 619 for approval. The contracted licensed child-placing community 620 based care lead agency or its subcontracted agency must approve 621 or deny the home study within 14 business days after receipt of 622 the recommendation. 623 (7)The department shall adopt rules that eliminate 624 duplicative practices and delays in the adoption home study 625 process for active service members seeking to adopt in this 626 state, including, but not limited to, giving credit for adoption 627 classes that have been taken in another state that substantially 628 complies with s. 409.175(14)(b). 629 (8)By November 15 of each year, the department shall 630 report to the Governor, the President of the Senate, and the 631 Speaker of the House of Representatives on the status of 632 adoptions in this state. 633 634 Notwithstanding subsections (2) and (3) (1) and (2), this 635 section does not apply to a child adopted through the process 636 provided in s. 63.082(6). 637 Section 13.Present subsection (6) of section 63.097, 638 Florida Statutes, is redesignated as subsection (7), a new 639 subsection (6) is added to that section, and subsection (3) of 640 that section is amended, to read: 641 63.097Fees. 642 (3)Approval of the court is not required when until the 643 total of amounts permitted under subsection (2) exceeds: 644 (a)$2,500 $5,000 in legal or other fees; 645 (b)$800 in court costs; or 646 (c)$2,500 $5,000 in reasonable and necessary living and 647 medical expenses. 648 (6)Excluding reasonable, medically necessary expenses, the 649 court may not approve the fees per child contemplated by this 650 section if they exceed the total amount of the Federal Adoption 651 Tax Credit for the current tax year. 652 Section 14.Paragraph (a) of subsection (2) and subsection 653 (3) of section 409.1451, Florida Statutes, are amended to read: 654 409.1451The Road-to-Independence Program. 655 (2)POSTSECONDARY EDUCATION SERVICES AND SUPPORT. 656 (a)A young adult is eligible for services and support 657 under this subsection if he or she: 658 1.Was living in licensed care on his or her 18th birthday 659 or is currently living in licensed care; or was at least 14 16 660 years of age and was adopted from foster care or placed with a 661 court-approved dependency guardian after spending at least 6 662 months in licensed care within the 12 months immediately 663 preceding such placement or adoption; 664 2.Spent at least 6 months in licensed care before reaching 665 his or her 18th birthday; 666 3.Earned a standard high school diploma pursuant to s. 667 1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent 668 pursuant to s. 1003.435; 669 4.Has been admitted for enrollment as a full-time student 670 or its equivalent in an eligible postsecondary educational 671 institution as provided in s. 1009.533. For purposes of this 672 section, the term full-time means 9 credit hours or the 673 vocational school equivalent. A student may enroll part-time if 674 he or she has a recognized disability or is faced with another 675 challenge or circumstance that would prevent full-time 676 attendance. A student needing to enroll part-time for any reason 677 other than having a recognized disability must get approval from 678 his or her academic advisor; 679 5.Has reached 18 years of age but is not yet 23 years of 680 age; 681 6.Has applied, with assistance from the young adults 682 caregiver and the community-based lead agency, for any other 683 grants and scholarships for which he or she may qualify; 684 7.Submitted a Free Application for Federal Student Aid 685 which is complete and error free; and 686 8.Signed an agreement to allow the department and the 687 community-based care lead agency access to school records. 688 (3)AFTERCARE SERVICES. 689 (a)1.Aftercare services are available to a young adult who 690 has reached 18 years of age but is not yet 23 years of age and 691 is: 692 a.Not in foster care. 693 b.Temporarily not receiving financial assistance under 694 subsection (2) to pursue postsecondary education. 695 c.Eligible for either the Guardianship Assistance Program 696 pursuant to s. 39.6225(9) or the adoption assistance program 697 pursuant to s. 409.166(4)(d), but the young adult is not 698 participating in either program. 699 2.Subject to available funding, aftercare services as 700 specified in subparagraph (b)8. are also available to a young 701 adult who is between the ages of 18 and 22, is receiving 702 financial assistance under subsection (2), is experiencing an 703 emergency situation, and whose resources are insufficient to 704 meet the emergency situation. Such assistance shall be in 705 addition to any amount specified in paragraph (2)(b). 706 (b)Aftercare services include, but are not limited to, the 707 following: 708 1.Mentoring and tutoring. 709 2.Mental health services and substance abuse counseling. 710 3.Life skills classes, including credit management and 711 preventive health activities. 712 4.Parenting classes. 713 5.Job and career skills training. 714 6.Counselor consultations. 715 7.Temporary financial assistance for necessities, 716 including, but not limited to, education supplies, 717 transportation expenses, security deposits for rent and 718 utilities, furnishings, household goods, and other basic living 719 expenses. 720 8.Temporary financial assistance to address emergency 721 situations, including, but not limited to, automobile repairs or 722 large medical expenses. 723 9.Financial literacy skills training under s. 724 39.6035(1)(c). 725 726 The specific services to be provided under this paragraph shall 727 be determined by an assessment of the young adult and may be 728 provided by the community-based care provider or through 729 referrals in the community. 730 (c)Temporary assistance provided to prevent homelessness 731 shall be provided as expeditiously as possible and within the 732 limitations defined by the department. 733 Section 15.Paragraph (d) of subsection (4) of section 734 409.166, Florida Statutes, is amended to read: 735 409.166Children within the child welfare system; adoption 736 assistance program. 737 (4)ADOPTION ASSISTANCE. 738 (d)Effective January 1, 2019, adoption assistance payments 739 may be made for a child whose adoptive parent entered into an 740 initial adoption assistance agreement after the child reached 14 741 16 years of age but before the child reached 18 years of age. 742 Such payments may be made until the child reaches age 21 if the 743 child is: 744 1.Completing secondary education or a program leading to 745 an equivalent credential; 746 2.Enrolled in an institution that provides postsecondary 747 or vocational education; 748 3.Participating in a program or activity designed to 749 promote or eliminate barriers to employment; 750 4.Employed for at least 80 hours per month; or 751 5.Unable to participate in programs or activities listed 752 in subparagraphs 1.-4. full time due to a physical, an 753 intellectual, an emotional, or a psychiatric condition that 754 limits participation. Any such barrier to participation must be 755 supported by documentation in the childs case file or school or 756 medical records of a physical, an intellectual, an emotional, or 757 a psychiatric condition that impairs the childs ability to 758 perform one or more life activities. 759 Section 16.Effective July 1, 2025, section 409.1662, 760 Florida Statutes, is repealed. 761 Section 17.Section 409.1664, Florida Statutes, is amended 762 to read: 763 409.1664Adoption benefits for qualifying adoptive 764 employees of state agencies, veterans, servicemembers, and law 765 enforcement officers, and health care practitioners. 766 (1)As used in this section, the term: 767 (a)Child within the child welfare system has the same 768 meaning as provided in s. 409.166(2). 769 (b)Health care practitioner means a person listed in s. 770 456.001(4) who holds an active status license from the 771 Department of Health and whose individual income does not exceed 772 $150,000. 773 (c)Qualifying adoptive employee means a full-time or 774 part-time employee of a state agency, a charter school 775 established under s. 1002.33, or the Florida Virtual School 776 established under s. 1002.37, who is not an independent 777 contractor and who adopts a child within the child welfare 778 system pursuant to chapter 63 on or after July 1, 2015. The term 779 includes instructional personnel, as defined in s. 1012.01, who 780 are employed by the Florida School for the Deaf and the Blind, 781 and includes other-personal-services employees who have been 782 continuously employed full time or part time by a state agency 783 for at least 1 year. 784 (d)Servicemember has the same meaning as in s. 785 250.01(19). 786 (e)State agency means a branch, department, or agency of 787 state government for which the Chief Financial Officer processes 788 payroll requisitions, a state university or Florida College 789 System institution as defined in s. 1000.21, a school district 790 unit as defined in s. 1001.30, or a water management district as 791 defined in s. 373.019. 792 (f)Veteran has the same meaning as in s. 1.01(14). 793 (2)A qualifying adoptive employee, veteran, or 794 servicemember, law enforcement officer, or health care 795 practitioner who adopts a child within the child welfare system 796 who is difficult to place as described in s. 409.166(2)(d)2. is 797 eligible to receive a lump-sum monetary benefit in the amount of 798 $25,000 $10,000 per such child, subject to applicable taxes. A 799 law enforcement officer who adopts a child within the child 800 welfare system who is difficult to place as described in s. 801 409.166(2)(d)2. is eligible to receive a lump-sum monetary 802 benefit in the amount of $25,000 per such child, subject to 803 applicable taxes. A qualifying adoptive employee, veteran, or 804 servicemember, law enforcement officer, or health care 805 practitioner who adopts a child within the child welfare system 806 who is not difficult to place as described in s. 409.166(2)(d)2. 807 is eligible to receive a lump-sum monetary benefit in the amount 808 of $10,000 $5,000 per such child, subject to applicable taxes. A 809 law enforcement officer who adopts a child within the child 810 welfare system who is not difficult to place as described in s. 811 409.166(2)(d)2. is eligible to receive a lump-sum monetary 812 benefit in the amount of $10,000 per each such child, subject to 813 applicable taxes. A qualifying adoptive employee of a charter 814 school or the Florida Virtual School may retroactively apply for 815 the monetary benefit provided in this subsection if such 816 employee was employed by a charter school or the Florida Virtual 817 School when he or she adopted a child within the child welfare 818 system pursuant to chapter 63 on or after July 1, 2015. A 819 veteran or servicemember may apply for the monetary benefit 820 provided in this subsection if he or she is domiciled in this 821 state and adopts a child within the child welfare system 822 pursuant to chapter 63 on or after July 1, 2020. A law 823 enforcement officer may apply for the monetary benefit provided 824 in this subsection if he or she is domiciled in this state and 825 adopts a child within the child welfare system pursuant to 826 chapter 63 on or after July 1, 2022. A health care practitioner 827 may apply for the monetary benefit provided in this subsection 828 if he or she is domiciled in this state and adopts a child in 829 the child welfare system pursuant to chapter 63 on or after July 830 1, 2024. 831 (a)Benefits paid to a qualifying adoptive employee who is 832 a part-time employee must be prorated based on the qualifying 833 adoptive employees full-time equivalency at the time of 834 applying for the benefits. 835 (b)Monetary benefits awarded under this subsection are 836 limited to one award per adopted child within the child welfare 837 system. 838 (c)The payment of a lump-sum monetary benefit for adopting 839 a child within the child welfare system under this section is 840 subject to a specific appropriation to the department for such 841 purpose. 842 (3)A qualifying adoptive employee must apply to his or her 843 agency head, or to his or her school director in the case of a 844 qualifying adoptive employee of a charter school or the Florida 845 Virtual School, to obtain the monetary benefit provided in 846 subsection (2). A veteran or servicemember must apply to the 847 department to obtain the benefit. A law enforcement officer must 848 apply to the Department of Law Enforcement to obtain the 849 benefit. A health care practitioner must apply to the Department 850 of Health to obtain the benefit. Applications must be on forms 851 approved by the department and must include a certified copy of 852 the final order of adoption naming the applicant as the adoptive 853 parent. Monetary benefits shall be approved on a first-come, 854 first-served basis based upon the date that each fully completed 855 application is received by the department. 856 (4)This section does not preclude a qualifying adoptive 857 employee, veteran, servicemember, or law enforcement officer, or 858 health care practitioner from receiving adoption assistance for 859 which he or she may qualify under s. 409.166 or any other 860 statute that provides financial incentives for the adoption of 861 children. 862 (5)Parental leave for a qualifying adoptive employee must 863 be provided in accordance with the personnel policies and 864 procedures of his or her employer. 865 (6)The department may adopt rules to administer this 866 section. The rules may provide for an application process such 867 as, but not limited to, an open enrollment period during which 868 qualifying adoptive employees, veterans, servicemembers, or law 869 enforcement officers, or health care practitioners may apply for 870 monetary benefits under this section. 871 (7)The Chief Financial Officer shall disburse a monetary 872 benefit to a qualifying adoptive employee upon the departments 873 submission of a payroll requisition. The Chief Financial Officer 874 shall transfer funds from the department to a state university, 875 a Florida College System institution, a school district unit, a 876 charter school, the Florida Virtual School, or a water 877 management district, as appropriate, to enable payment to the 878 qualifying adoptive employee through the payroll systems as long 879 as funds are available for such purpose. 880 (8)To receive an approved monetary benefit under this 881 section, a veteran or servicemember must be registered as a 882 vendor with the state. 883 (9)Each state agency shall develop a uniform procedure for 884 informing employees about this benefit and for assisting the 885 department in making eligibility determinations and processing 886 applications. Any procedure adopted by a state agency is valid 887 and enforceable if the procedure does not conflict with the 888 express terms of this section. 889 Section 18.Effective July 1, 2025, paragraph (a) of 890 subsection (1) of section 409.988, Florida Statutes, is amended 891 to read: 892 409.988Community-based care lead agency duties; general 893 provisions. 894 (1)DUTIES.A lead agency: 895 (a)1.Shall serve: 896 a.all children referred as a result of a report of abuse, 897 neglect, or abandonment to the departments central abuse 898 hotline, including, but not limited to, children who are the 899 subject of verified reports and children who are not the subject 900 of verified reports but who are at moderate to extremely high 901 risk of abuse, neglect, or abandonment, as determined using the 902 departments risk assessment instrument, regardless of the level 903 of funding allocated to the lead agency by the state if all 904 related funding is transferred. 905 b.Children who were adopted from the child welfare system 906 and whose families require postadoption supports. 907 2.The lead agency may also serve children who have not 908 been the subject of reports of abuse, neglect, or abandonment, 909 but who are at risk of abuse, neglect, or abandonment, to 910 prevent their entry into the child protection and child welfare 911 system. 912 Section 19.Except as otherwise expressly provided in this 913 act, this act shall take effect July 1, 2024.