Florida Senate - 2024 CS for SB 1486 By the Committee on Children, Families, and Elder Affairs; and Senator Collins 586-02421-24 20241486c1 1 A bill to be entitled 2 An act relating to permanency for children; amending 3 s. 39.01, F.S.; defining the term visitor; amending 4 s. 39.0138, F.S.; renaming the State Automated Child 5 Welfare Information System as the Comprehensive 6 Child Welfare Information System; requiring the 7 Department of Children and Families to conduct a 8 criminal history records check of certain persons; 9 defining the term emergency placement; requiring 10 certain persons to submit their fingerprints to the 11 department or other specified entities; requiring the 12 department or such entities to submit such 13 fingerprints to the Department of Law Enforcement for 14 state processing within a specified timeframe; 15 requiring the Department of Law Enforcement to forward 16 such fingerprints to the Federal Bureau of 17 Investigation within a specified timeframe; requiring 18 that a child be immediately removed from a home if 19 certain persons fail to provide their fingerprints and 20 are not otherwise exempt from a criminal history 21 records check; creating s. 39.5035, F.S.; providing 22 procedures and requirements relating to deceased 23 parents of a dependent child; amending s. 39.521, 24 F.S.; conforming provisions to changes made by the 25 act; amending s. 39.522, F.S.; authorizing certain 26 persons to remove a child from a court-ordered 27 placement under certain circumstances; requiring the 28 Department of Children and Families to file a 29 specified motion, and the court to set a hearing, 30 within specified timeframes under 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.; revising 39 eligibility for payments under the Guardianship 40 Assistance Program; amending s. 39.801, F.S.; 41 providing that service of process is not necessary 42 under certain circumstances; amending s. 39.812, F.S.; 43 authorizing the court to review the departments 44 denial of an application to adopt a child; requiring 45 the department to file written notification of its 46 denial with the court and provide copies to certain 47 persons within a specified timeframe; authorizing a 48 denied applicant to file a motion to review such 49 denial within a specified timeframe; establishing 50 requirements for standing; requiring the court to hold 51 a hearing within a specified timeframe; providing 52 standing to certain persons; authorizing certain 53 persons to 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; requiring the 58 department or its contracted child-placing agency to 59 conduct certain postadoption duties; conforming 60 provisions to changes made by the act; amending s. 61 63.032, F.S.; revising a definition; amending s. 62 63.039, F.S; requiring private adoptions to be 63 reported to the department; amending s. 63.062, F.S.; 64 conforming provisions to changes made by the act; 65 amending s. 63.093, F.S.; requiring the department to 66 contract with one or more child-placing agencies to 67 provide adoption services; authorizing such agency to 68 subcontract with other entities to provide certain 69 duties; requiring that an adoptive home study be 70 updated every 12 months after the date on which the 71 first study was approved; requiring the department to 72 adopt certain rules; requiring the department to 73 submit an annual report to the Governor and 74 Legislature by a specified date; conforming provisions 75 to changes made by the act; amending s. 63.097, F.S.; 76 revising and prohibiting certain fees; amending s. 77 63.132, F.S.; providing that any affidavit seeking 78 certain fees, costs, or expenses is unreasonable; 79 requiring a court order approving fees, costs, or 80 expenses that exceed a certain amount to include 81 certain evidence; requiring that such order include 82 certain evidence; amending s. 409.1451, F.S.; revising 83 the age requirements for receiving postsecondary 84 education services and support; revising the 85 requirements for receiving aftercare services; 86 amending s. 409.166, F.S.; revising the age 87 requirements for receiving adoption assistance; 88 repealing s. 409.1662, F.S., relating to children 89 within the child welfare system and the adoption 90 incentive program; amending s. 409.1664, F.S.; 91 defining terms; providing certain adoption benefits to 92 health care practitioners and tax collector employees; 93 specifying methods for such persons to apply for such 94 benefits; increasing the amount of monetary adoption 95 benefits certain persons are eligible to receive; 96 conforming provisions to changes made by the act; 97 amending s. 409.167, F.S.; providing requirements for 98 the statewide adoption exchange and its photo listing 99 component; authorizing only certain persons to access 100 such photo listing component; requiring consultation 101 with children of a certain age during development of 102 their description; conforming provisions to changes 103 made by the act; amending s. 409.988, F.S.; revising 104 the list of children a community-based care lead 105 agency must serve; providing effective dates. 106 107 Be It Enacted by the Legislature of the State of Florida: 108 109 Section 1.Subsection (88) is added to section 39.01, 110 Florida Statutes, to read: 111 39.01Definitions.When used in this chapter, unless the 112 context otherwise requires: 113 (88)Visitor means a person who: 114 (a)Provides care or supervision to a child in the home; or 115 (b)Is 12 years of age or older, other than a child in 116 care, and who will be in the childs home at least: 117 1.Five consecutive days; or 118 2.Seven days or more in 1 month. 119 Section 2.Subsections (1) and (5) of section 39.0138, 120 Florida Statutes, are amended to read: 121 39.0138Criminal history and other records checks; limit on 122 placement of a child. 123 (1)The department shall conduct a records check through 124 the Comprehensive State Automated Child Welfare Information 125 System (SACWIS) and a local and statewide criminal history 126 records check on all persons, including parents, being 127 considered by the department for placement of a child under this 128 chapter, including all nonrelative placement decisions, and all 129 members of the household, 12 years of age and older, of the 130 person being considered. For purposes of this section, a 131 criminal history records check may include, but is not limited 132 to, submission of fingerprints to the Department of Law 133 Enforcement for processing and forwarding to the Federal Bureau 134 of Investigation for state and national criminal history 135 information, and local criminal records checks through local law 136 enforcement agencies of all household members 18 years of age 137 and older and other visitors 18 years of age and older to the 138 home. An out-of-state criminal history records check must be 139 initiated for any person 18 years of age or older who resided in 140 another state if that state allows the release of such records. 141 The department must complete the records check within 14 142 business days after receiving a persons criminal history 143 results, unless additional information is required to complete 144 the processing. The department shall establish by rule standards 145 for evaluating any information contained in the automated system 146 relating to a person who must be screened for purposes of making 147 a placement decision. 148 (5)(a)If a child has been sheltered pursuant to s. 39.402 149 and must be placed in out-of-home care in an emergency 150 placement, the department must conduct a name-based check of 151 criminal history records to ascertain if the person with whom 152 placement of the child is being considered and any other adult 153 household members or visitors of the home of such person are 154 disqualified. For the purposes of this subsection, the term 155 emergency placement refers to when the department is placing a 156 child in the home of private individuals, including neighbors, 157 friends, or relatives, as a result of an immediate removal 158 pursuant to s. 39.402. 159 (b)The department may place a child in the a home if the 160 person with whom placement of the child is being considered and 161 any other adult household members or visitors of the home are 162 not disqualified by the name-based check, but, unless exempt, 163 such persons must submit a full set of fingerprints to the 164 department, to a vendor, an entity, or an agency authorized 165 under s. 943.053(13). Unless exempt, within 7 calendar days 166 after the name-based check, the department, vendor, entity, or 167 agency must submit the fingerprints to the Department of Law 168 Enforcement for state processing. Within 15 calendar days after 169 the name-based check is conducted, the Department of Law 170 Enforcement shall forward the fingerprints to the Federal Bureau 171 of Investigation for national processing that otherwise meets 172 placement requirements if a name check of state and local 173 criminal history records systems does not disqualify the 174 applicant and if the department submits fingerprints to the 175 Department of Law Enforcement for forwarding to the Federal 176 Bureau of Investigation and is awaiting the results of the state 177 and national criminal history records check. 178 (c)The department shall seek a court order to immediately 179 remove the child from the home if the person with whom the child 180 was placed or any other adult household members or visitors of 181 the home fail to provide their fingerprints within 15 calendar 182 days after the name-based check is conducted if such persons are 183 not exempt from a criminal history records check. 184 Section 3.Section 39.5035, Florida Statutes, is created to 185 read: 186 39.5035Deceased parents; special procedures. 187 (1)(a)1.If both parents of a child are deceased or the 188 last known living parent of a child is deceased and a legal 189 custodian has not been appointed for the child through a probate 190 or guardianship proceeding, an attorney for the department or 191 any other person who has knowledge of the facts alleged or is 192 informed of the alleged facts, and believes them to be true, may 193 initiate a proceeding by filing a petition for adjudication and 194 permanent commitment. 195 2.If a child has been placed in shelter status by order of 196 the court but has not yet been adjudicated, a petition for 197 adjudication and permanent commitment must be filed within 21 198 days after the shelter hearing. In all other cases, the petition 199 must be filed within a reasonable time after the date the 200 petitioner first becomes aware of the facts supporting the 201 petition for adjudication and permanent commitment. 202 (b)If both parents die or the last known living parent 203 dies after a child has already been adjudicated dependent, an 204 attorney for the department or any other person who has 205 knowledge of the facts alleged or is informed of the alleged 206 facts, and believes them to be true, may file a petition for 207 permanent commitment. The petition must be filed within a 208 reasonable time after the petitioner first becomes aware of the 209 facts that support the petition for permanent commitment. 210 (2)The petition must: 211 (a)Be in writing, identify the alleged deceased parents, 212 and provide facts that establish that both parents of the child 213 are deceased or the last known living parent is deceased and 214 that a legal custodian has not been appointed for the child 215 through a probate or guardianship proceeding. 216 (b)Be signed by the petitioner under oath stating the 217 petitioners good faith in filing the petition. 218 (3)When a petition for adjudication and permanent 219 commitment or a petition for permanent commitment has been 220 filed, the clerk of court shall set the case before the court 221 for an adjudicatory hearing. The adjudicatory hearing must be 222 held as soon as practicable after the petition is filed, but no 223 later than 30 days after the filing date. 224 (4)Notice of the date, time, and place of the adjudicatory 225 hearing and a copy of the petition must be served on the 226 following persons: 227 (a)Any person who has physical custody of the child. 228 (b)A living relative of each parent of the child, unless a 229 living relative cannot be found after a diligent search or 230 inquiry. 231 (c)The guardian ad litem for the child or the 232 representative of the guardian ad litem program, if the program 233 has been appointed. 234 (5)The court shall conduct adjudicatory hearings without a 235 jury and apply the rules of evidence in use in civil cases, 236 adjourning the hearings as necessary. The court shall determine 237 whether the petitioner has established by clear and convincing 238 evidence that both parents of the child are deceased, or that 239 the last known living parent is deceased and the other parent 240 cannot be found after a diligent search or inquiry, and that a 241 legal custodian has not been appointed for the child through a 242 probate or guardianship proceeding. A certified copy of the 243 death certificate for each parent is sufficient evidence of the 244 parents deaths. 245 (6)Within 30 days after an adjudicatory hearing on a 246 petition for adjudication and permanent commitment: 247 (a)If the court finds that the petitioner has met the 248 clear and convincing standard, the court must enter a written 249 order adjudicating the child dependent and permanently 250 committing the child to the custody of the department for the 251 purpose of adoption. A disposition hearing must be scheduled no 252 later than 30 days after the entry of the order, in which the 253 department must provide a case plan that identifies the 254 permanency goal for the child to the court. Reasonable efforts 255 must be made to place the child in a timely manner in accordance 256 with the permanency plan and to complete all steps necessary to 257 finalize the permanent placement of the child. Thereafter, until 258 the adoption of the child is finalized or the child reaches the 259 age of 18 years, whichever occurs first, the court must hold 260 hearings every 6 months to review the progress being made toward 261 permanency for the child. 262 (b)If the court finds that clear and convincing evidence 263 does not establish that both parents of a child are deceased, or 264 that the last known living parent is deceased and the other 265 parent cannot be found after a diligent search or inquiry, and 266 that a legal custodian has not been appointed for the child 267 through a probate or guardianship proceeding, but that a 268 preponderance of the evidence establishes that the child does 269 not have a parent or legal custodian capable of providing 270 supervision or care, the court must enter a written order 271 adjudicating the child dependent. A disposition hearing must be 272 scheduled no later than 30 days after the entry of the order as 273 provided in s. 39.521. 274 (c)If the court finds that the petitioner has not met the 275 clear and convincing standard and that a preponderance of the 276 evidence does not establish that the child does not have a 277 parent or legal custodian capable of providing supervision or 278 care, the court must enter a written order so finding and 279 dismiss the petition. 280 (7)Within 30 days after an adjudicatory hearing on a 281 petition for permanent commitment: 282 (a)If the court finds that the petitioner has met the 283 clear and convincing standard, the court must enter a written 284 order permanently committing the child to the custody of the 285 department for purposes of adoption. A disposition hearing must 286 be scheduled no later than 30 days after the entry of the order, 287 in which the department must provide an amended case plan that 288 identifies the permanency goal for the child to the court. 289 Reasonable efforts must be made to place the child in a timely 290 manner in accordance with the permanency plan and to complete 291 all steps necessary to finalize the permanent placement of the 292 child. Thereafter, until the adoption of the child is finalized 293 or the child reaches the age of 18 years, whichever occurs 294 first, the court must hold hearings every 6 months to review the 295 progress being made toward permanency for the child. 296 (b)If the court finds that clear and convincing evidence 297 does not establish that both parents of a child are deceased or 298 that the last known living parent is deceased and the other 299 parent cannot be found after a diligent search or inquiry, the 300 court must enter a written order denying the petition. The order 301 has no effect on the childs prior adjudication. The order does 302 not bar the petitioner from filing a subsequent petition for 303 permanent commitment based on newly discovered evidence that 304 establishes that both parents of a child are deceased, or that 305 the last known living parent is deceased, and that a legal 306 custodian has not been appointed for the child through a probate 307 or guardianship proceeding. 308 Section 4.Paragraph (o) of subsection (2) of section 309 39.521, Florida Statutes, is amended to read: 310 39.521Disposition hearings; powers of disposition. 311 (2)The family functioning assessment must provide the 312 court with the following documented information: 313 (o)If the child has been removed from the home and will be 314 remaining with a relative, parent, or other adult approved by 315 the court, a home study report concerning the proposed placement 316 shall be provided to the court. Before recommending to the court 317 any out-of-home placement for a child other than placement in a 318 licensed shelter or foster home, the department shall conduct a 319 study of the home of the proposed legal custodians, which must 320 include, at a minimum: 321 1.An interview with the proposed legal custodians to 322 assess their ongoing commitment and ability to care for the 323 child. 324 2.Records checks through the Comprehensive State Automated 325 Child Welfare Information System (SACWIS), and local and 326 statewide criminal and juvenile records checks through the 327 Department of Law Enforcement, on all household members 12 years 328 of age or older. In addition, the fingerprints of any household 329 members who are 18 years of age or older may be submitted to the 330 Department of Law Enforcement for processing and forwarding to 331 the Federal Bureau of Investigation for state and national 332 criminal history information. The department has the discretion 333 to request Comprehensive State Automated Child Welfare 334 Information System (SACWIS) and local, statewide, and national 335 criminal history checks and fingerprinting of any other visitor 336 to the home who is made known to the department. Out-of-state 337 criminal records checks must be initiated for any individual who 338 has resided in a state other than Florida if that states laws 339 allow the release of these records. The out-of-state criminal 340 records must be filed with the court within 5 days after receipt 341 by the department or its agent. 342 3.An assessment of the physical environment of the home. 343 4.A determination of the financial security of the 344 proposed legal custodians. 345 5.A determination of suitable child care arrangements if 346 the proposed legal custodians are employed outside of the home. 347 6.Documentation of counseling and information provided to 348 the proposed legal custodians regarding the dependency process 349 and possible outcomes. 350 7.Documentation that information regarding support 351 services available in the community has been provided to the 352 proposed legal custodians. 353 8.The reasonable preference of the child, if the court 354 deems the child to be of sufficient intelligence, understanding, 355 and experience to express a preference. 356 357 The department may not place the child or continue the placement 358 of the child in a home under shelter or postdisposition 359 placement if the results of the home study are unfavorable, 360 unless the court finds that this placement is in the childs 361 best interest. 362 363 Any other relevant and material evidence, including other 364 written or oral reports, may be received by the court in its 365 effort to determine the action to be taken with regard to the 366 child and may be relied upon to the extent of its probative 367 value, even though not competent in an adjudicatory hearing. 368 Except as otherwise specifically provided, nothing in this 369 section prohibits the publication of proceedings in a hearing. 370 Section 5.Subsection (7) is added to section 39.522, 371 Florida Statutes, to read: 372 39.522Postdisposition change of custody. 373 (7)Notwithstanding any other provision of this section, a 374 childs case manager, an authorized agent of the department, or 375 a law enforcement officer may, at any time, remove a child from 376 a court-ordered placement and take the child into custody if the 377 court-ordered caregiver of the child requests immediate removal 378 of the child from the home. Additionally, an authorized agent of 379 the department or a law enforcement officer may, at any time, 380 remove a child from a court-ordered placement and take the child 381 into custody if there is probable cause as required under s. 382 39.401(1)(b). 383 (a)If, at the time of the removal, the child was not 384 placed in licensed care in the departments custody, the 385 department must file a motion to modify placement within 1 386 business day after the child is taken into custody. The court 387 must then set a hearing within 24 hours after the motion is 388 filed unless all of the parties and the current caregiver agree 389 to the change of placement. At the hearing, the court must 390 determine whether the department has established probable cause 391 to support the immediate removal of the child from his or her 392 current placement. The court may base its determination on a 393 sworn petition or affidavit or on testimony and may hear all 394 relevant and material evidence, including oral or written 395 reports, to the extent of their probative value, even if such 396 evidence would not be competent evidence at an adjudicatory 397 hearing. 398 (b)If the court finds that the department did not 399 establish probable cause to support the removal of the child 400 from his or her current placement, the court must enter an order 401 that the child be returned to such placement. An order by the 402 court to return the child to his or her current placement does 403 not preclude a party from filing a subsequent motion pursuant to 404 subsection (2). 405 (c)If the current caregiver admits that a change of 406 placement is needed or the department establishes probable cause 407 to support removal of the child, the court must enter an order 408 changing the placement of the child. The new placement for the 409 child must meet the home study criteria in this chapter if the 410 child is not placed in foster care. 411 (d)If the court finds probable cause and modifies the 412 childs placement, the court must conduct a hearing pursuant to 413 subsection (2) or subsection (3), unless such hearing is waived 414 by all parties and the caregiver. 415 Section 6.Paragraph (a) of subsection (1) of section 416 39.6221, Florida Statutes, is amended to read: 417 39.6221Permanent guardianship of a dependent child. 418 (1)If a court determines that reunification or adoption is 419 not in the best interest of the child, the court may place the 420 child in a permanent guardianship with a relative or other adult 421 approved by the court if all of the following conditions are 422 met: 423 (a)The child has been in the placement for not less than 424 the preceding 6 months, or the preceding 3 months if the 425 caregiver is already known by the child and the caregiver has 426 been named as the successor guardian on the childs guardianship 427 assistance agreement. 428 Section 7.Subsection (9) of section 39.6225, Florida 429 Statutes, is amended to read: 430 39.6225Guardianship Assistance Program. 431 (9)Guardianship assistance payments may not shall only be 432 made for a young adult unless the young adults whose permanent 433 guardian entered into a guardianship assistance agreement after 434 the child attained 14 16 years of age but before the child 435 attained 18 years of age and if the child is: 436 (a)Completing secondary education or a program leading to 437 an equivalent credential; 438 (b)Enrolled in an institution that provides postsecondary 439 or vocational education; 440 (c)Participating in a program or activity designed to 441 promote or eliminate barriers to employment; 442 (d)Employed for at least 80 hours per month; or 443 (e)Unable to participate in programs or activities listed 444 in paragraphs (a)-(d) full time due to a physical, intellectual, 445 emotional, or psychiatric condition that limits participation. 446 Any such barrier to participation must be supported by 447 documentation in the childs case file or school or medical 448 records of a physical, intellectual, emotional, or psychiatric 449 condition that impairs the childs ability to perform one or 450 more life activities. 451 Section 8.Present paragraph (d) of subsection (3) of 452 section 39.801, Florida Statutes, is redesignated as paragraph 453 (e), and a new paragraph (d) is added to that subsection, to 454 read: 455 39.801Procedures and jurisdiction; notice; service of 456 process. 457 (3)Before the court may terminate parental rights, in 458 addition to the other requirements set forth in this part, the 459 following requirements must be met: 460 (d)Personal appearance of a person at the advisory hearing 461 as provided in s. 39.013(13) obviates the necessity of serving 462 process on that person and the court may proceed with the 463 advisory hearing and any subsequently noticed hearing. 464 Section 9.Subsections (4), (5), and (6) of section 39.812, 465 Florida Statutes, are amended to read: 466 39.812Postdisposition relief; petition for adoption. 467 (4)The court shall retain jurisdiction over any child 468 placed in the custody of the department until the child is 469 adopted. After custody of a child for subsequent adoption has 470 been given to the department, the court has jurisdiction for the 471 purpose of reviewing the status of the child and the progress 472 being made toward permanent adoptive placement. As part of this 473 continuing jurisdiction, for good cause shown by the guardian ad 474 litem for the child, the court may: 475 (a)Review the appropriateness of the adoptive placement of 476 the child if good cause is shown by the guardian ad litem for 477 the child. 478 (b)Review the departments denial of an application to 479 adopt a child. The departments decision to deny an application 480 to adopt a child is only reviewable under this section and is 481 not subject to chapter 120. 482 1.If the department denies an application to adopt a 483 child, the department must file written notification of the 484 denial with the court and provide copies to all parties within 485 10 business days after the departments decision. 486 2.A denied applicant may file a motion to have the court 487 review the departments denial within 30 business days after the 488 issuance of the departments written notification of its 489 decision to deny the application to adopt a child. The motion to 490 review must allege that the department unreasonably denied the 491 application to adopt and request that the court allow the denied 492 applicant to file a petition to adopt the child under chapter 63 493 without the departments consent. 494 3.A denied applicant only has standing under this chapter 495 to file a motion to review the departments denial and to 496 present evidence in support of such motion. Such standing is 497 terminated upon the entry of the courts order. 498 4.The court shall hold a hearing within 30 business days 499 after the denied applicant files the motion to review. The court 500 may only consider whether the departments denial of the 501 application is consistent with its policies and if the 502 department made such decision in an expeditious manner. The 503 standard of review is whether the departments denial of the 504 application is an abuse of discretion. 505 5.If the department selected a different applicant to 506 adopt the child, the selected applicant may participate in the 507 hearing as a participant as defined in s. 39.01 and may be 508 granted leave by the court to be heard without the need to file 509 a motion to intervene. 510 6.Within 15 business days after the conclusion of the 511 hearing, the court shall enter a written order denying the 512 motion to review or finding that the department unreasonably 513 denied the application to adopt and authorizing the denied 514 applicant to file a petition to adopt the child under chapter 63 515 without the departments consent. 516 (5)When a licensed foster parent or court-ordered 517 custodian has applied to adopt a child who has resided with the 518 foster parent or custodian for at least 6 months and who has 519 previously been permanently committed to the legal custody of 520 the department and the department does not grant the application 521 to adopt, the department may not, in the absence of a prior 522 court order authorizing it to do so, remove the child from the 523 foster home or custodian, except when: 524 (a)There is probable cause to believe that the child is at 525 imminent risk of abuse or neglect; 526 (b)Thirty business days have expired following written 527 notice to the foster parent or custodian of the denial of the 528 application to adopt, within which period no formal challenge of 529 the departments decision has been filed; 530 (c)A motion to review the departments denial of an 531 application to adopt a child under paragraph (4)(b) has been 532 denied; or 533 (d)(c)The foster parent or custodian agrees to the childs 534 removal. 535 (6)(5)The petition for adoption must be filed in the 536 division of the circuit court which entered the judgment 537 terminating parental rights, unless a motion for change of venue 538 is granted pursuant to s. 47.122. A copy of the consent to adopt 539 executed by the department must be attached to the petition, 540 unless such consent is waived under pursuant to s. 63.062(7). 541 The petition must be accompanied by a statement, signed by the 542 prospective adoptive parents, acknowledging receipt of all 543 information required to be disclosed under s. 63.085 and a form 544 provided by the department which details the social and medical 545 history of the child and each parent and includes the social 546 security number and date of birth for each parent, if such 547 information is available or readily obtainable. The prospective 548 adoptive parents may not file a petition for adoption until the 549 judgment terminating parental rights becomes final. An adoption 550 proceeding under this subsection is governed by chapter 63. 551 (7)(6)(a)Once a childs adoption is finalized, the 552 department or its contracted child-placing agency community 553 based care lead agency must make a reasonable effort to contact 554 the adoptive family by telephone 1 year after the date of 555 finalization of the adoption as a postadoption service. For 556 purposes of this subsection, the term reasonable effort means 557 the exercise of reasonable diligence and care by the department 558 or its contracted child-placing agency community-based care lead 559 agency to make contact with the adoptive family. At a minimum, 560 the department or its contracted child-placing agency must 561 document the following: 562 1.The number of attempts made by the department or its 563 contracted child-placing agency community-based care lead agency 564 to contact the adoptive family and whether those attempts were 565 successful; 566 2.The types of postadoption services that were requested 567 by the adoptive family and whether those services were provided 568 by the department or its contracted child-placing agency 569 community-based care lead agency; and 570 3.Any feedback received by the department or its 571 contracted child-placing agency community-based care lead agency 572 from the adoptive family relating to the quality or 573 effectiveness of the services provided. 574 (b)The contracted child-placing agency community-based 575 care lead agency must report annually to the department on the 576 outcomes achieved and recommendations for improvement under this 577 subsection. 578 Section 10.Present subsection (6) and (7) of section 579 63.032, Florida Statutes, are redesignated as subsections (7) 580 and (6), respectively, and present subsection (6) of that 581 section is amended to read: 582 63.032Definitions.As used in this chapter, the term: 583 (7)(6)Child-placing agency means an any child-placing 584 agency licensed by the department pursuant to s. 63.202 to place 585 minors for adoption. 586 Section 11.Present subsections (3), (4), and (5) of 587 section 63.039, Florida Statutes, are redesignated as 588 subsections (4), (5), and (6), respectively, and a new 589 subsection (3) is added to that section, to read: 590 63.039Duty of adoption entity to prospective adoptive 591 parents; sanctions. 592 (3)A licensed adoption entity must, on a quarterly basis, 593 report to the department all private adoptions that were 594 finalized in the preceding quarter. Information must include the 595 age of the child, race of the child, ethnicity of the child, sex 596 of the child, county of birth of the child, and county of 597 adoptive family of the child. The department may adopt rules to 598 implement this section. The department shall make this 599 information available as aggregate data on its website. 600 Section 12.Subsection (7) of section 63.062, Florida 601 Statutes, is amended to read: 602 63.062Persons required to consent to adoption; affidavit 603 of nonpaternity; waiver of venue. 604 (7)If parental rights to the minor have previously been 605 terminated, the adoption entity with which the minor has been 606 placed for subsequent adoption may provide consent to the 607 adoption. In such case, no other consent is required. If the 608 minor has been permanently committed to the department for 609 subsequent adoption, the department must consent to the adoption 610 or the court order finding that the department unreasonably 611 denied the application to adopt entered under s. 39.812(4) must 612 be attached to the petition to adopt, and The consent of the 613 department shall be waived upon a determination by the court 614 that such consent is being unreasonably withheld and if the 615 petitioner must file has filed with the court a favorable 616 preliminary adoptive home study as required under s. 63.092. 617 Section 13.Section 63.093, Florida Statutes, is amended to 618 read: 619 63.093Adoption of children from the child welfare system. 620 (1)Beginning July 1, 2025, the department shall contract 621 with one or more child-placing agencies to provide adoptive 622 services to prospective adoptive parents, complete the adoption 623 processes for children permanently committed to the department, 624 and support adoptive families. The department may allow a 625 contracted child-placing agency to subcontract with other 626 entities to fulfill the duties imposed in this section. 627 (2)The department, through its contracted child-placing 628 agency or community-based care lead agency as defined in s. 629 409.986(3), or its subcontracted agency, must respond to an 630 initial inquiry from a prospective adoptive parent within 7 631 business days after receipt of the inquiry. The response must 632 inform the prospective adoptive parent of the adoption process 633 and the requirements for adopting a child from the child welfare 634 system. 635 (3)(2)The department, through its contracted child-placing 636 agency or community-based care lead agency, or its subcontracted 637 agency, must refer a prospective adoptive parent who is 638 interested in adopting a child in the custody of the department 639 to a department-approved adoptive parent training program. A 640 prospective adoptive parent must successfully complete the 641 training program, unless the prospective adoptive parent is a 642 licensed foster parent or a relative or nonrelative caregiver 643 who has: 644 (a)Attended the training program within the last 5 years; 645 or 646 (b)Had the child who is available for adoption placed in 647 their home for 6 months or longer and has been determined to 648 understand the challenges and parenting skills needed to 649 successfully parent the child who is available for adoption. 650 (4)(3)A prospective adoptive parent must complete an 651 adoption application created by the department. 652 (5)(4)Before a child is placed in an adoptive home, the 653 department, through its contracted child-placing agency, 654 community-based care lead agency or its subcontracted agency 655 must complete an adoptive home study of a prospective adoptive 656 parent that includes observation, screening, and evaluation of 657 the child and the prospective adoptive parent. An adoptive home 658 study must be updated every is valid for 12 months after the 659 date on which the study was approved. If the child was placed 660 before the termination of parental rights, the updated placement 661 or licensed home study may serve as the adoption home study. In 662 addition, the department, through its contracted child-placing 663 agency, community-based care lead agency or its subcontracted 664 agency must complete a preparation process, as established by 665 department rule, with the prospective adoptive parent. 666 (6)(5)At the conclusion of the adoptive home study and 667 preparation process, a decision must shall be made about the 668 prospective adoptive parents appropriateness to adopt. This 669 decision shall be reflected in the final recommendation included 670 in the adoptive home study. If the recommendation is for 671 approval, the adoptive parent application file must be submitted 672 to the department, through its contracted child-placing agency, 673 community-based care lead agency or its subcontracted agency for 674 approval. The contracted child-placing agency community-based 675 care lead agency or its subcontracted agency must approve or 676 deny the home study within 14 business days after receipt of the 677 recommendation. 678 (7)The department shall adopt rules to eliminate 679 duplicative practices and delays in the adoption home study 680 process for a member of a uniformed service on active duty 681 seeking to adopt in the state, including, but not limited to, 682 providing a credit for adoption classes that have been taken in 683 another state which substantially cover the preservice training 684 required under s. 409.175(14)(b). 685 (8)By November 15 of each year, the department shall 686 submit an annual report to the Governor, the President of the 687 Senate, and the Speaker of the House of Representatives on the 688 status of adoptions within this state. 689 690 Notwithstanding subsections (2) and (3) (1) and (2), this 691 section does not apply to a child adopted through the process 692 provided in s. 63.082(6). 693 Section 14.Section 63.097, Florida Statutes, is amended to 694 read: 695 63.097Fees. 696 (1)When the adoption entity is an agency, fees may be 697 assessed if such fees they are approved by the department within 698 the process of licensing the agency and if such fees they are 699 for: 700 (a)Foster care expenses; 701 (b)Preplacement and postplacement social services, 702 including a preliminary home study under s. 63.092 and a final 703 home investigation under s. 63.125; and 704 (c)Agency facility and administrative costs. 705 706 The department shall adopt rules to implement this subsection, 707 including a rule establishing standards and fee schedules that 708 ensure all fees assessed are reasonable and the total fees 709 assessed do not exceed the federal adoption tax credit and a 710 rule requiring agencies to report quarterly to the department 711 the number of adoptions in which a court enters an order that 712 approves fees that exceed the limits established in subsection 713 (3). 714 (2)The following fees, costs, and expenses may be assessed 715 by the adoption entity or paid by the adoption entity on behalf 716 of the prospective adoptive parents: 717 (a)Reasonable living expenses of the birth mother which 718 the birth mother is unable to pay due to unemployment, 719 underemployment, or disability. Reasonable living expenses are 720 rent, utilities, basic telephone service, food, toiletries, 721 necessary clothing, transportation, insurance, and expenses 722 found by the court to be necessary for the health and well-being 723 of the birth mother and the unborn child. Such expenses may be 724 paid during the pregnancy and for a period of up to 6 weeks 725 postpartum. 726 (b)Reasonable and necessary medical expenses. Such 727 expenses may be paid during the pregnancy and for a period of up 728 to 6 weeks postpartum. 729 (c)Expenses necessary to comply with the requirements of 730 this chapter, including, but not limited to, service of process 731 under s. 63.088, investigator fees, and a diligent search under 732 s. 63.088, a preliminary home study under s. 63.092, and a final 733 home investigation under s. 63.125. 734 (d)Court filing expenses, court costs, and other 735 litigation expenses and birth certificate and medical record 736 expenses. 737 (e)Costs associated with advertising under s. 738 63.212(1)(g). 739 (f)The following professional fees: 740 1.A reasonable hourly fee or flat fee necessary to provide 741 legal representation to the adoptive parents or adoption entity 742 in a proceeding filed under this chapter. 743 2.A reasonable hourly fee or flat fee for contact with the 744 parent related to the adoption. In determining a reasonable 745 hourly fee under this subparagraph, the court must consider if 746 the tasks done were clerical or of such a nature that the matter 747 could have been handled by support staff at a lesser rate than 748 the rate for legal representation charged under subparagraph 1. 749 Such tasks include, but need not be limited to, transportation, 750 transmitting funds, arranging appointments, and securing 751 accommodations. 752 3.A reasonable hourly fee for counseling services provided 753 to a parent or a prospective adoptive parent by a psychologist 754 licensed under chapter 490 or a clinical social worker, marriage 755 and family therapist, or mental health counselor licensed under 756 chapter 491, or a counselor who is employed by an adoption 757 entity accredited by the Council on Accreditation of Services 758 for Children and Families to provide pregnancy counseling and 759 supportive services. 760 (3)The court must issue an order pursuant to s. 63.132(3) 761 when Approval of the court is not required until the total of 762 amounts permitted under subsection (2) exceeds: 763 (a)$5,000 in legal or other professional fees; 764 (b)$800 in court costs; or 765 (c)$5,000 in reasonable and necessary living and medical 766 expenses. 767 (4)Any fees, costs, or expenses not included in subsection 768 (2) or prohibited under subsection (5) require court approval 769 and entry of an order pursuant to s. 63.132(3) prior to payment 770 and must be based on a finding of extraordinary circumstances. 771 (5)The following fees, costs, and expenses are prohibited: 772 (a)Any fee or expense that constitutes payment for 773 locating a minor for adoption. 774 (b)Any payment which is not itemized and documented on the 775 affidavit filed under s. 63.132. 776 (c)Any fee on the affidavit which is not a fee of the 777 adoption entity, is not supported by a receipt, and does not 778 specify the service that was provided and for which the fee is 779 being charged, such as a fee for facilitation, acquisition, or 780 other similar service, or which does not identify the date the 781 service was provided, the time required to provide the service, 782 the person or entity providing the service, and the hourly fee 783 charged. 784 (6)Unless otherwise indicated in this section, when an 785 adoption entity uses the services of a licensed child-placing 786 agency, a professional, any other person or agency pursuant to 787 s. 63.092, or, if necessary, the department, the person seeking 788 to adopt the child must pay the licensed child-placing agency, 789 professional, other person or agency, or the department an 790 amount equal to the cost of all services performed, including, 791 but not limited to, the cost of conducting the preliminary home 792 study, counseling, and the final home investigation. 793 Section 15.Subsection (3) of section 63.132, Florida 794 Statutes, is amended to read: 795 63.132Affidavit of expenses and receipts. 796 (3)The court must issue a separate order approving or 797 disapproving the fees, costs, and expenses itemized in the 798 affidavit. The court may approve only fees, costs, and 799 expenditures allowed under s. 63.097. Any affidavit seeking 800 fees, costs, or expenses that exceed the limits set in s. 63.097 801 is per se unreasonable and therefore denied, absent a written 802 finding by the court of reasonableness resulting from 803 extraordinary circumstances. Any order approving fees, costs, or 804 expenses that exceed the limits set in s. 63.097(3) must include 805 the specific competent and substantial evidence upon which the 806 court relied to make a finding of both reasonableness and the 807 extraordinary circumstances. The court may reject in whole or in 808 part any fee, cost, or expenditure listed if the court finds 809 that the expense is any of the following: 810 (a)Contrary to this chapter. 811 (b)Not supported by a receipt, if requested, if the 812 expense is not a fee of the adoption entity. 813 (c)Not a reasonable fee or expense, considering the 814 requirements of this chapter and the totality of the 815 circumstances. 816 Section 16.Paragraph (a) of subsection (2) and paragraph 817 (a) of subsection (3) of section 409.1451, Florida Statutes, are 818 amended to read: 819 409.1451The Road-to-Independence Program. 820 (2)POSTSECONDARY EDUCATION SERVICES AND SUPPORT. 821 (a)A young adult is eligible for services and support 822 under this subsection if he or she: 823 1.Was living in licensed care on his or her 18th birthday 824 or is currently living in licensed care; or was at least 14 16 825 years of age and was adopted from foster care or placed with a 826 court-approved dependency guardian after spending at least 6 827 months in licensed care within the 12 months immediately 828 preceding such placement or adoption; 829 2.Spent at least 6 months in licensed care before reaching 830 his or her 18th birthday; 831 3.Earned a standard high school diploma pursuant to s. 832 1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent 833 pursuant to s. 1003.435; 834 4.Has been admitted for enrollment as a full-time student 835 or its equivalent in an eligible postsecondary educational 836 institution as provided in s. 1009.533. For purposes of this 837 section, the term full-time means 9 credit hours or the 838 vocational school equivalent. A student may enroll part-time if 839 he or she has a recognized disability or is faced with another 840 challenge or circumstance that would prevent full-time 841 attendance. A student needing to enroll part-time for any reason 842 other than having a recognized disability must get approval from 843 his or her academic advisor; 844 5.Has reached 18 years of age but is not yet 23 years of 845 age; 846 6.Has applied, with assistance from the young adults 847 caregiver and the community-based lead agency, for any other 848 grants and scholarships for which he or she may qualify; 849 7.Submitted a Free Application for Federal Student Aid 850 which is complete and error free; and 851 8.Signed an agreement to allow the department and the 852 community-based care lead agency access to school records. 853 (3)AFTERCARE SERVICES. 854 (a)1.Aftercare services are available to a young adult who 855 has reached 18 years of age but is not yet 23 years of age and 856 is: 857 a.Not in foster care. 858 b.Temporarily not receiving financial assistance under 859 subsection (2) to pursue postsecondary education. 860 c.Eligible for extended guardianship assistance payments 861 under s. 39.6225(9) or extended adoption assistance under s. 862 409.166(4), but is not participating in either program. 863 2.Subject to available funding, aftercare services as 864 specified in subparagraph (b)8. are also available to a young 865 adult who is between the ages of 18 and 22, is receiving 866 financial assistance under subsection (2), is experiencing an 867 emergency situation, and whose resources are insufficient to 868 meet the emergency situation. Such assistance shall be in 869 addition to any amount specified in paragraph (2)(b). 870 Section 17.Paragraph (d) of subsection (4) of section 871 409.166, Florida Statutes, is amended to read: 872 409.166Children within the child welfare system; adoption 873 assistance program. 874 (4)ADOPTION ASSISTANCE. 875 (d)Effective January 1, 2019, adoption assistance payments 876 may be made for a child whose adoptive parent entered into an 877 initial adoption assistance agreement after the child reached 14 878 16 years of age but before the child reached 18 years of age. 879 Such payments may be made until the child reaches age 21 if the 880 child is: 881 1.Completing secondary education or a program leading to 882 an equivalent credential; 883 2.Enrolled in an institution that provides postsecondary 884 or vocational education; 885 3.Participating in a program or activity designed to 886 promote or eliminate barriers to employment; 887 4.Employed for at least 80 hours per month; or 888 5.Unable to participate in programs or activities listed 889 in subparagraphs 1.-4. full time due to a physical, an 890 intellectual, an emotional, or a psychiatric condition that 891 limits participation. Any such barrier to participation must be 892 supported by documentation in the childs case file or school or 893 medical records of a physical, an intellectual, an emotional, or 894 a psychiatric condition that impairs the childs ability to 895 perform one or more life activities. 896 Section 18.Section 409.1662, Florida Statutes, is 897 repealed. 898 Section 19.Section 409.1664, Florida Statutes, is amended 899 to read: 900 409.1664Adoption benefits for qualifying adoptive 901 employees of state agencies, veterans, servicemembers, and law 902 enforcement officers, health care practitioners, and tax 903 collector employees. 904 (1)As used in this section, the term: 905 (a)Child within the child welfare system has the same 906 meaning as provided in s. 409.166(2). 907 (b)Health care practitioner means a person listed in s. 908 456.001(4) who holds an active license from the Department of 909 Health and whose gross income does not exceed $150,000 per year. 910 (c)Law enforcement officer has the same meaning as 911 provided in s. 943.10(1). 912 (d)(c)Qualifying adoptive employee means a full-time or 913 part-time employee of a state agency, a charter school 914 established under s. 1002.33, or the Florida Virtual School 915 established under s. 1002.37, who is not an independent 916 contractor and who adopts a child within the child welfare 917 system pursuant to chapter 63 on or after July 1, 2015. The term 918 includes instructional personnel, as defined in s. 1012.01, who 919 are employed by the Florida School for the Deaf and the Blind, 920 and includes other-personal-services employees who have been 921 continuously employed full time or part time by a state agency 922 for at least 1 year. 923 (e)(d)Servicemember has the same meaning as in s. 924 250.01(19). 925 (f)(e)State agency means a branch, department, or agency 926 of state government for which the Chief Financial Officer 927 processes payroll requisitions, a state university or Florida 928 College System institution as defined in s. 1000.21, a school 929 district unit as defined in s. 1001.30, or a water management 930 district as defined in s. 373.019. 931 (g)Tax collector employee means an employee of an office 932 of county tax collector in this state. 933 (h)(f)Veteran has the same meaning as in s. 1.01(14). 934 (2)A qualifying adoptive employee, veteran, law 935 enforcement officer, health care practitioner, tax collector 936 employee, or servicemember who adopts a child within the child 937 welfare system who is difficult to place as described in s. 938 409.166(2)(d)2. is eligible to receive a lump-sum monetary 939 benefit in the amount of $25,000 $10,000 per such child, subject 940 to applicable taxes. A law enforcement officer who adopts a 941 child within the child welfare system who is difficult to place 942 as described in s. 409.166(2)(d)2. is eligible to receive a 943 lump-sum monetary benefit in the amount of $25,000 per such 944 child, subject to applicable taxes. A qualifying adoptive 945 employee, veteran, law enforcement officer, health care 946 practitioner, tax collector employee, or servicemember who 947 adopts a child within the child welfare system who is not 948 difficult to place as described in s. 409.166(2)(d)2. is 949 eligible to receive a lump-sum monetary benefit in the amount of 950 $10,000 $5,000 per such child, subject to applicable taxes. A 951 law enforcement officer who adopts a child within the child 952 welfare system who is not difficult to place as described in s. 953 409.166(2)(d)2. is eligible to receive a lump-sum monetary 954 benefit in the amount of $10,000 per each such child, subject to 955 applicable taxes. A qualifying adoptive employee of a charter 956 school or the Florida Virtual School may retroactively apply for 957 the monetary benefit provided in this subsection if such 958 employee was employed by a charter school or the Florida Virtual 959 School when he or she adopted a child within the child welfare 960 system pursuant to chapter 63 on or after July 1, 2015. A 961 veteran or servicemember may apply for the monetary benefit 962 provided in this subsection if he or she is domiciled in this 963 state and adopts a child within the child welfare system 964 pursuant to chapter 63 on or after July 1, 2020. A law 965 enforcement officer may apply for the monetary benefit provided 966 in this subsection if he or she is domiciled in this state and 967 adopts a child within the child welfare system pursuant to 968 chapter 63 on or after July 1, 2022. A health care practitioner 969 or tax collector employee may apply for the monetary benefit 970 provided in this subsection if he or she is domiciled in this 971 state and adopts a child within the child welfare system 972 pursuant to chapter 63 on or after July 1, 2024. 973 (a)Benefits paid to a qualifying adoptive employee who is 974 a part-time employee must be prorated based on the qualifying 975 adoptive employees full-time equivalency at the time of 976 applying for the benefits. 977 (b)Monetary benefits awarded under this subsection are 978 limited to one award per adopted child within the child welfare 979 system. 980 (c)The payment of a lump-sum monetary benefit for adopting 981 a child within the child welfare system under this section is 982 subject to a specific appropriation to the department for such 983 purpose. 984 (3)A qualifying adoptive employee must apply to his or her 985 agency head, or to his or her school director in the case of a 986 qualifying adoptive employee of a charter school or the Florida 987 Virtual School, to obtain the monetary benefit provided in 988 subsection (2). A veteran, or servicemember, or tax collector 989 employee must apply to the department to obtain the benefit. A 990 law enforcement officer must apply to the Department of Law 991 Enforcement to obtain the benefit. A health care practitioner 992 must apply to the Department of Health to obtain the benefit. 993 Applications must be on forms approved by the department and 994 must include a certified copy of the final order of adoption 995 naming the applicant as the adoptive parent. Monetary benefits 996 shall be approved on a first-come, first-served basis based upon 997 the date that each fully completed application is received by 998 the department. 999 (4)This section does not preclude a qualifying adoptive 1000 employee, veteran, servicemember, health care practitioner, tax 1001 collector employee, or law enforcement officer from receiving 1002 adoption assistance for which he or she may qualify under s. 1003 409.166 or any other statute that provides financial incentives 1004 for the adoption of children. 1005 (5)Parental leave for a qualifying adoptive employee must 1006 be provided in accordance with the personnel policies and 1007 procedures of his or her employer. 1008 (6)The department may adopt rules to administer this 1009 section. The rules may provide for an application process such 1010 as, but not limited to, an open enrollment period during which 1011 qualifying adoptive employees, veterans, servicemembers, health 1012 care practitioners, tax collector employees, or law enforcement 1013 officers may apply for monetary benefits under this section. 1014 (7)The Chief Financial Officer shall disburse a monetary 1015 benefit to a qualifying adoptive employee upon the departments 1016 submission of a payroll requisition. The Chief Financial Officer 1017 shall transfer funds from the department to a state university, 1018 a Florida College System institution, a school district unit, a 1019 charter school, the Florida Virtual School, or a water 1020 management district, as appropriate, to enable payment to the 1021 qualifying adoptive employee through the payroll systems as long 1022 as funds are available for such purpose. 1023 (8)To receive an approved monetary benefit under this 1024 section, a veteran or servicemember must be registered as a 1025 vendor with the state. 1026 (9)Each state agency shall develop a uniform procedure for 1027 informing employees about this benefit and for assisting the 1028 department in making eligibility determinations and processing 1029 applications. Any procedure adopted by a state agency is valid 1030 and enforceable if the procedure does not conflict with the 1031 express terms of this section. 1032 Section 20.Subsections (1) through (4) of section 409.167, 1033 Florida Statutes, are amended to read: 1034 409.167Statewide adoption exchange; establishment; 1035 responsibilities; registration requirements; rules. 1036 (1)The Department of Children and Families shall 1037 establish, either directly or through purchase, a statewide 1038 adoption exchange, with a photo listing component, which serves 1039 shall serve all authorized licensed child-placing agencies in 1040 the state as a means of recruiting adoptive families for 1041 children who have been legally freed for adoption and who have 1042 been permanently placed with the department or a licensed child 1043 placing agency. The statewide adoption exchange must shall 1044 provide, in accordance with rules adopted by the department, 1045 descriptions and photographs of such children, as well as any 1046 other information deemed useful in the recruitment of adoptive 1047 families for each child. The photo listing component of the 1048 statewide adoption exchange must be updated monthly and may not 1049 be accessible to the public, except to persons who have 1050 completed or are in the process of completing an adoption home 1051 study. 1052 (2)(a)Each district of the department shall refer each 1053 child in its care who has been legally freed for adoption to the 1054 statewide adoption exchange no later than 30 days after the date 1055 of acceptance by the department for permanent placement. The 1056 referral must be accompanied by a photo listing photograph and 1057 description of the child. Any child 12 years of age or older may 1058 request that a specific photo be used for their entry and must 1059 be consulted during the development of their description. 1060 (b)The department shall establish criteria by which a 1061 district may determine that a child need not be registered with 1062 the statewide adoption exchange. Within 30 days after the date 1063 of acceptance by the department for permanent placement, the 1064 name of the child accepted for permanent placement must be 1065 forwarded to the statewide adoption exchange by the district 1066 together with reference to the specific reason why the child 1067 should not be placed on the statewide adoption exchange. If the 1068 child has not been placed for adoption within 3 months after the 1069 date of acceptance by the department for permanent placement, 1070 the district must shall provide the statewide adoption exchange 1071 with the necessary photograph and information for registration 1072 of the child with the statewide adoption exchange and the child 1073 must shall be placed on the statewide adoption exchange. The 1074 department shall establish procedures for monitoring the status 1075 of children who are not placed on the statewide adoption 1076 exchange within 30 days after the date of acceptance by the 1077 department for permanent placement. 1078 (3)In accordance with rules established by the department, 1079 the statewide adoption exchange may accept, from licensed child 1080 placing agencies, information pertaining to children meeting the 1081 criteria of this section, and to prospective adoptive families, 1082 for registration with the statewide adoption exchange. 1083 (4)For purposes of facilitating family-matching between 1084 children and prospective adoptive parents, the statewide 1085 adoption exchange must shall provide the photo listing component 1086 service to all licensed child-placing agencies and, in 1087 accordance with rules adopted established by the department, to 1088 all appropriate citizen groups and other organizations and 1089 associations interested in childrens services. The photo 1090 listing component of the statewide adoption exchange may not be 1091 accessible to the public, except to persons who have completed 1092 or are in the process of completing an adoption home study. 1093 Section 21.Effective July 1, 2025, paragraph (a) of 1094 subsection (1) of section 409.988, Florida Statutes, is amended 1095 to read: 1096 409.988Community-based care lead agency duties; general 1097 provisions. 1098 (1)DUTIES.A lead agency: 1099 (a)1.Shall serve: 1100 a.all children referred as a result of a report of abuse, 1101 neglect, or abandonment to the departments central abuse 1102 hotline, including, but not limited to, children who are the 1103 subject of verified reports and children who are not the subject 1104 of verified reports but who are at moderate to extremely high 1105 risk of abuse, neglect, or abandonment, as determined using the 1106 departments risk assessment instrument, regardless of the level 1107 of funding allocated to the lead agency by the state if all 1108 related funding is transferred. 1109 b.Children who were adopted from the child welfare system 1110 and whose families require postadoption supports. 1111 2.May also serve children who have not been the subject of 1112 reports of abuse, neglect, or abandonment, but who are at risk 1113 of abuse, neglect, or abandonment, to prevent their entry into 1114 the child protection and child welfare system. 1115 Section 22.Except as otherwise expressly provided in this 1116 act, this act shall take effect July 1, 2024.