Florida Senate - 2024 CS for CS for SB 1486 By the Appropriations Committee on Health and Human Services; the Committee on Children, Families, and Elder Affairs; and Senator Collins 603-03530-24 20241486c2 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 specified entities; requiring the 12 department or entities to submit such fingerprints to 13 the Department of Law Enforcement for state processing 14 within a specified timeframe; requiring the Department 15 of Law Enforcement to forward such fingerprints to the 16 Federal Bureau of Investigation within a specified 17 timeframe; requiring that a child be immediately 18 removed from a home if certain persons fail to provide 19 their fingerprints and are not otherwise exempt from a 20 criminal history records check; creating s. 39.5035, 21 F.S.; authorizing specified persons to initiate a 22 proceeding if both parents of a child are deceased or 23 the last known living parent is deceased and a legal 24 custodian has not been appointed for the child through 25 a probate or guardianship proceeding; providing 26 requirements for filing a petition for adjudication 27 and permanent commitment of a child if the child has 28 been placed in shelter by order of the court and has 29 not been adjudicated; authorizing an attorney to file 30 a petition for adjudication and permanent commitment 31 within a reasonable time after the petitioner becomes 32 aware of certain facts; providing requirements for the 33 petition; requiring the clerk of court to set the case 34 before the court for an adjudicatory hearing within a 35 specified timeframe; providing that notice of the 36 adjudicatory hearing and a copy of the petition be 37 served on specified persons; providing for adjudicator 38 hearings; amending s. 39.521, F.S.; conforming 39 provisions to changes made by the act; amending s. 40 39.522, F.S.; authorizing certain persons to remove a 41 child from a court-ordered placement under certain 42 circumstances; requiring the Department of Children 43 and Families to file a specified motion, and the court 44 to set a hearing, within specified timeframes under 45 certain circumstances; requiring a certain 46 determination by the court to support immediate 47 removal of a child; authorizing the court to base its 48 determination on certain evidence; requiring the court 49 to enter certain orders and conduct certain hearings 50 under certain circumstances; amending s. 39.6221, 51 F.S.; revising a requisite condition for placing a 52 child in a permanent guardianship; amending s. 53 39.6225, F.S.; revising eligibility for payments under 54 the Guardianship Assistance Program; amending s. 55 39.801, F.S.; providing that service of process is not 56 necessary under certain circumstances; amending s. 57 39.812, F.S.; authorizing the court to review the 58 departments denial of an application to adopt a 59 child; providing requirements for the reviewability of 60 the departments decision to deny an application to 61 adopt a child; requiring the department to file 62 written notification of its denial with the court and 63 provide copies to certain persons within a specified 64 timeframe; authorizing a denied applicant to file a 65 motion to review such denial within a specified 66 timeframe; providing requirements for the motion to 67 review; providing requirements for a denied 68 applicants standing; requiring the court to hold a 69 hearing within a specified timeframe; providing 70 requirements for the hearing; providing for a standard 71 of review; authorizing certain persons to participate 72 in the hearing under certain circumstances; requiring 73 the court to enter an order within a specified 74 timeframe; revising exceptions that authorize the 75 department to remove a child from his or her foster 76 home or custodian; requiring the department or its 77 contracted child-placing agency to conduct certain 78 postadoption duties; conforming provisions to changes 79 made by the act; amending s. 63.032, F.S.; revising a 80 definition; amending s. 63.039, F.S; requiring 81 licensed adoption entities to report specified 82 information relating to private adoptions to the 83 department on a quarterly basis; authorizing the 84 department to adopt rules; requiring the department to 85 make certain information available in a specified form 86 on its website; amending s. 63.062, F.S.; requiring 87 the department take certain action if the minor has 88 been permanently committed to the department for 89 subsequent adoption; amending s. 63.093, F.S.; 90 requiring the department to contract with one or more 91 child-placing agencies to provide certain adoption 92 services beginning on a specified date; authorizing 93 the department to authorize such agency to subcontract 94 with other entities to provide certain duties; 95 requiring that an adoptive home study be updated every 96 12 months after the date on which the first study was 97 approved; authorizing the updated placement or 98 licensed home study to serve as the adoption home 99 study if a child was placed before the termination of 100 parental rights; requiring the department to adopt 101 certain rules; requiring the department to submit an 102 annual report to the Governor and Legislature by a 103 specified date; conforming provisions to changes made 104 by the act; amending s. 63.097, F.S.; making technical 105 changes; requiring the court to issue a certain order 106 when the total of certain amounts exceeds those 107 specified; revising the prohibition of a specified 108 fee; requiring an adoption entity to report specified 109 information for each finalized adoption to the 110 department on a quarterly basis beginning on a 111 specified date; requiring the adoption entity to 112 redact certain information concerning the childs 113 biological parents and the childs adoptive parents; 114 requiring the department to report on its website 115 certain information, including the actual fees, costs, 116 and expenses of finalized adoptions, on a quarterly 117 basis; providing construction; requiring the 118 department to adopt rules; amending s. 63.132, F.S.; 119 requiring that a court order approving fees, costs, or 120 expenses that exceed a certain amount include a 121 certain determination; making a technical change; 122 amending s. 63.212, F.S.; providing applicability for 123 the prohibition against the advertisement of the 124 adoption of a minor child except by certain persons; 125 requiring a person who publishes a newspaper, 126 magazine, billboard, or any other written 127 advertisement distributed in this state to include a 128 statement that only specified licensed adoption 129 entities may legally provide adoption services; 130 conforming provisions to changes made by the act; 131 amending s. 409.1451, F.S.; revising the age 132 requirements for receiving postsecondary education 133 services and support; revising requirements for 134 receiving aftercare services; amending s. 409.166, 135 F.S.; revising age requirements for receiving adoption 136 assistance; repealing s. 409.1662, F.S., relating to 137 children within the child welfare system and the 138 adoption incentive program; amending s. 409.1664, 139 F.S.; defining terms; providing certain adoption 140 benefits to health care practitioners, tax collector 141 employees, and law enforcement officers; specifying 142 requirements for such persons to apply for such 143 benefits; increasing the amount of monetary adoption 144 benefits certain persons are eligible to receive; 145 conforming provisions to changes made by the act; 146 amending s. 409.167, F.S.; revising requirements for 147 the statewide adoption exchange and its photo listing 148 component; authorizing only certain persons to access 149 such photo listing component; requiring consultation 150 with children of a certain age during development of 151 their description; conforming provisions to changes 152 made by the act; amending s. 409.988, F.S.; revising 153 the list of children a community-based care lead 154 agency must serve; providing effective dates. 155 156 Be It Enacted by the Legislature of the State of Florida: 157 158 Section 1.Subsection (88) is added to section 39.01, 159 Florida Statutes, to read: 160 39.01Definitions.When used in this chapter, unless the 161 context otherwise requires: 162 (88)Visitor means a person who: 163 (a)Provides care or supervision to a child in the home; or 164 (b)Is 12 years of age or older, other than a child in 165 care, and who will be in the childs home at least: 166 1.Five consecutive days; or 167 2.Seven days or more in 1 month. 168 Section 2.Subsections (1) and (5) of section 39.0138, 169 Florida Statutes, are amended to read: 170 39.0138Criminal history and other records checks; limit on 171 placement of a child. 172 (1)The department shall conduct a records check through 173 the Comprehensive State Automated Child Welfare Information 174 System (SACWIS) and a local and statewide criminal history 175 records check on all persons, including parents, being 176 considered by the department for placement of a child under this 177 chapter, including all nonrelative placement decisions, and all 178 members of the household, 12 years of age and older, of the 179 person being considered. For purposes of this section, a 180 criminal history records check may include, but is not limited 181 to, submission of fingerprints to the Department of Law 182 Enforcement for processing and forwarding to the Federal Bureau 183 of Investigation for state and national criminal history 184 information, and local criminal records checks through local law 185 enforcement agencies of all household members 18 years of age 186 and older and other visitors 18 years of age and older to the 187 home. An out-of-state criminal history records check must be 188 initiated for any person 18 years of age or older who resided in 189 another state if that state allows the release of such records. 190 The department must complete the records check within 14 191 business days after receiving a persons criminal history 192 results, unless additional information is required to complete 193 the processing. The department shall establish by rule standards 194 for evaluating any information contained in the automated system 195 relating to a person who must be screened for purposes of making 196 a placement decision. 197 (5)(a)If a child has been sheltered pursuant to s. 39.402 198 and must be placed in out-of-home care in an emergency 199 placement, the department must conduct a name-based check of 200 criminal history records to ascertain if the person with whom 201 placement of the child is being considered and any other adult 202 household members or visitors of the home of such person are 203 disqualified. For the purposes of this subsection, the term 204 emergency placement refers to when the department is placing a 205 child in the home of private individuals, including neighbors, 206 friends, or relatives, as a result of an immediate removal 207 pursuant to s. 39.402. 208 (b)The department may place a child in the a home if the 209 person with whom placement of the child is being considered and 210 any other adult household members or visitors of the home are 211 not disqualified by the name-based check, but, unless exempt, 212 such persons must submit a full set of fingerprints to the 213 department or to a vendor, an entity, or an agency authorized 214 under s. 943.053(13). Unless exempt, within 7 calendar days 215 after the name-based check, the department or the vendor, 216 entity, or agency must submit the fingerprints to the Department 217 of Law Enforcement for state processing. Within 15 calendar days 218 after the name-based check is conducted, the Department of Law 219 Enforcement must forward the fingerprints to the Federal Bureau 220 of Investigation for national processing that otherwise meets 221 placement requirements if a name check of state and local 222 criminal history records systems does not disqualify the 223 applicant and if the department submits fingerprints to the 224 Department of Law Enforcement for forwarding to the Federal 225 Bureau of Investigation and is awaiting the results of the state 226 and national criminal history records check. 227 (c)The department shall seek a court order to immediately 228 remove the child from the home if the person with whom the child 229 was placed or any other adult household members or visitors of 230 the home fail to provide their fingerprints within 15 calendar 231 days after the name-based check is conducted, if such persons 232 are not exempt from a criminal history records check. 233 Section 3.Section 39.5035, Florida Statutes, is created to 234 read: 235 39.5035Deceased parents; special procedures. 236 (1)(a)1.If both parents of a child are deceased or the 237 last known living parent of a child is deceased and a legal 238 custodian has not been appointed for the child through a probate 239 or guardianship proceeding, an attorney for the department or 240 any other person who has knowledge of the facts alleged or is 241 informed of such facts, and believes them to be true, may 242 initiate a proceeding by filing a petition for adjudication and 243 permanent commitment. 244 2.If a child has been placed in shelter status by order of 245 the court but has not yet been adjudicated, a petition for 246 adjudication and permanent commitment must be filed within 21 247 days after the shelter hearing. In all other cases, the petition 248 must be filed within a reasonable time after the date the 249 petitioner first becomes aware of the facts alleged supporting 250 the petition for adjudication and permanent commitment. 251 (b)If both parents die or the last known living parent 252 dies after a child has been adjudicated dependent, an attorney 253 for the department or any other person who has knowledge of the 254 facts alleged or is informed of such facts, and believes them to 255 be true, may file a petition for permanent commitment. The 256 petition must be filed within a reasonable time after the 257 petitioner first becomes aware of the alleged facts that support 258 the petition for permanent commitment. 259 (2)The petition must: 260 (a)Be in writing, identify the alleged deceased parents, 261 and provide facts that establish that both parents of the child 262 are deceased or the last known living parent is deceased and 263 that a legal custodian has not been appointed for the child 264 through a probate or guardianship proceeding. 265 (b)Be signed by the petitioner under oath stating the 266 petitioners good faith in filing the petition. 267 (3)When a petition for adjudication and permanent 268 commitment or a petition for permanent commitment has been 269 filed, the clerk of court shall set the case before the court 270 for an adjudicatory hearing. The adjudicatory hearing must be 271 held as soon as practicable after the petition is filed, but no 272 later than 30 days after the filing date. 273 (4)Notice of the date, time, and place of the adjudicatory 274 hearing and a copy of the petition must be served on the 275 following persons: 276 (a)Any person who has physical custody of the child. 277 (b)A living relative of each parent of the child, unless a 278 living relative cannot be found after a diligent search or 279 inquiry. 280 (c)The guardian ad litem for the child or the 281 representative of the guardian ad litem program, if the program 282 has been appointed. 283 (5)The court shall conduct adjudicatory hearings without a 284 jury and apply the rules of evidence in use in civil cases, 285 adjourning the hearings as necessary. The court shall determine 286 whether the petitioner has established by clear and convincing 287 evidence that both parents of the child are deceased, or that 288 the last known living parent is deceased and the other parent 289 cannot be found after a diligent search or inquiry, and that a 290 legal custodian has not been appointed for the child through a 291 probate or guardianship proceeding. A certified copy of the 292 death certificate for each parent is sufficient evidence of the 293 parents deaths. 294 (6)Within 30 days after an adjudicatory hearing on a 295 petition for adjudication and permanent commitment: 296 (a)If the court finds that the petitioner has met the 297 clear and convincing standard, the court must enter a written 298 order adjudicating the child dependent and permanently 299 committing the child to the custody of the department for the 300 purpose of adoption. A disposition hearing must be scheduled no 301 later than 30 days after the entry of the order, in which the 302 department must provide a case plan that identifies the 303 permanency goal for the child to the court. Reasonable efforts 304 must be made to place the child in a timely manner in accordance 305 with the permanency plan and to complete all steps necessary to 306 finalize the permanent placement of the child. Thereafter, until 307 the adoption of the child is finalized or the child reaches the 308 age of 18 years, whichever occurs first, the court must hold 309 hearings every 6 months to review the progress being made toward 310 permanency for the child. 311 (b)If the court finds that clear and convincing evidence 312 does not establish that both parents of a child are deceased, or 313 that the last known living parent is deceased and the other 314 parent cannot be found after a diligent search or inquiry, and 315 that a legal custodian has not been appointed for the child 316 through a probate or guardianship proceeding, but that a 317 preponderance of the evidence establishes that the child does 318 not have a parent or legal custodian capable of providing 319 supervision or care, the court must enter a written order 320 adjudicating the child dependent. A disposition hearing must be 321 scheduled no later than 30 days after the entry of the order as 322 provided in s. 39.521. 323 (c)If the court finds that the petitioner has not met the 324 clear and convincing standard and that a preponderance of the 325 evidence does not establish that the child does not have a 326 parent or legal custodian capable of providing supervision or 327 care, the court must enter a written order so finding and 328 dismiss the petition. 329 (7)Within 30 days after an adjudicatory hearing on a 330 petition for permanent commitment: 331 (a)If the court finds that the petitioner has met the 332 clear and convincing standard, the court must enter a written 333 order permanently committing the child to the custody of the 334 department for purposes of adoption. A disposition hearing must 335 be scheduled no later than 30 days after the entry of the order, 336 in which the department must provide an amended case plan that 337 identifies the permanency goal for the child to the court. 338 Reasonable efforts must be made to place the child in a timely 339 manner in accordance with the permanency plan and to complete 340 all steps necessary to finalize the permanent placement of the 341 child. Thereafter, until the adoption of the child is finalized 342 or the child reaches the age of 18 years, whichever occurs 343 first, the court must hold hearings every 6 months to review the 344 progress being made toward permanency for the child. 345 (b)If the court finds that clear and convincing evidence 346 does not establish that both parents of a child are deceased or 347 that the last known living parent is deceased and the other 348 parent cannot be found after a diligent search or inquiry, the 349 court must enter a written order denying the petition. The order 350 has no effect on the childs prior adjudication. The order does 351 not bar the petitioner from filing a subsequent petition for 352 permanent commitment based on newly discovered evidence that 353 establishes that both parents of a child are deceased, or that 354 the last known living parent is deceased, and that a legal 355 custodian has not been appointed for the child through a probate 356 or guardianship proceeding. 357 Section 4.Paragraph (o) of subsection (2) of section 358 39.521, Florida Statutes, is amended to read: 359 39.521Disposition hearings; powers of disposition. 360 (2)The family functioning assessment must provide the 361 court with the following documented information: 362 (o)If the child has been removed from the home and will be 363 remaining with a relative, parent, or other adult approved by 364 the court, a home study report concerning the proposed placement 365 shall be provided to the court. Before recommending to the court 366 any out-of-home placement for a child other than placement in a 367 licensed shelter or foster home, the department shall conduct a 368 study of the home of the proposed legal custodians, which must 369 include, at a minimum: 370 1.An interview with the proposed legal custodians to 371 assess their ongoing commitment and ability to care for the 372 child. 373 2.Records checks through the Comprehensive State Automated 374 Child Welfare Information System (SACWIS), and local and 375 statewide criminal and juvenile records checks through the 376 Department of Law Enforcement, on all household members 12 years 377 of age or older. In addition, the fingerprints of any household 378 members who are 18 years of age or older may be submitted to the 379 Department of Law Enforcement for processing and forwarding to 380 the Federal Bureau of Investigation for state and national 381 criminal history information. The department has the discretion 382 to request Comprehensive State Automated Child Welfare 383 Information System (SACWIS) and local, statewide, and national 384 criminal history checks and fingerprinting of any other visitor 385 to the home who is made known to the department. Out-of-state 386 criminal records checks must be initiated for any individual who 387 has resided in a state other than Florida if that states laws 388 allow the release of these records. The out-of-state criminal 389 records must be filed with the court within 5 days after receipt 390 by the department or its agent. 391 3.An assessment of the physical environment of the home. 392 4.A determination of the financial security of the 393 proposed legal custodians. 394 5.A determination of suitable child care arrangements if 395 the proposed legal custodians are employed outside of the home. 396 6.Documentation of counseling and information provided to 397 the proposed legal custodians regarding the dependency process 398 and possible outcomes. 399 7.Documentation that information regarding support 400 services available in the community has been provided to the 401 proposed legal custodians. 402 8.The reasonable preference of the child, if the court 403 deems the child to be of sufficient intelligence, understanding, 404 and experience to express a preference. 405 406 The department may not place the child or continue the placement 407 of the child in a home under shelter or postdisposition 408 placement if the results of the home study are unfavorable, 409 unless the court finds that this placement is in the childs 410 best interest. 411 412 Any other relevant and material evidence, including other 413 written or oral reports, may be received by the court in its 414 effort to determine the action to be taken with regard to the 415 child and may be relied upon to the extent of its probative 416 value, even though not competent in an adjudicatory hearing. 417 Except as otherwise specifically provided, nothing in this 418 section prohibits the publication of proceedings in a hearing. 419 Section 5.Subsection (7) is added to section 39.522, 420 Florida Statutes, to read: 421 39.522Postdisposition change of custody. 422 (7)Notwithstanding any other provision of this section, a 423 childs case manager, an authorized agent of the department, or 424 a law enforcement officer may, at any time, remove a child from 425 a court-ordered placement and take the child into custody if the 426 court-ordered caregiver of the child requests immediate removal 427 of the child from the home. Additionally, an authorized agent of 428 the department or a law enforcement officer may, at any time, 429 remove a child from a court-ordered placement and take the child 430 into custody if there is probable cause as required under s. 431 39.401(1)(b). 432 (a)If, at the time of the removal, the child was not 433 placed in licensed care in the departments custody, the 434 department must file a motion to modify placement within 1 435 business day after the child is taken into custody. The court 436 must then set a hearing within 24 hours after the motion is 437 filed unless all of the parties and the current caregiver agree 438 to the change of placement. At the hearing, the court must 439 determine whether the department has established probable cause 440 to support the immediate removal of the child from his or her 441 current placement. The court may base its determination on a 442 sworn petition or affidavit or on testimony and may hear all 443 relevant and material evidence, including oral or written 444 reports, to the extent of their probative value, even if such 445 evidence would not be competent evidence at an adjudicatory 446 hearing. 447 (b)If the court finds that the department did not 448 establish probable cause to support the removal of the child 449 from his or her current placement, the court must enter an order 450 that the child be returned to such placement. An order by the 451 court to return the child to his or her current placement does 452 not preclude a party from filing a subsequent motion pursuant to 453 subsection (2). 454 (c)If the current caregiver admits that a change of 455 placement is needed or the department establishes probable cause 456 to support removal of the child, the court must enter an order 457 changing the placement of the child. The new placement for the 458 child must meet the home study criteria in this chapter if the 459 child is not placed in foster care. 460 (d)If the court finds probable cause and modifies the 461 childs placement, the court must conduct a hearing pursuant to 462 subsection (2) or subsection (3), unless such hearing is waived 463 by all parties and the caregiver. 464 Section 6.Paragraph (a) of subsection (1) of section 465 39.6221, Florida Statutes, is amended to read: 466 39.6221Permanent guardianship of a dependent child. 467 (1)If a court determines that reunification or adoption is 468 not in the best interest of the child, the court may place the 469 child in a permanent guardianship with a relative or other adult 470 approved by the court if all of the following conditions are 471 met: 472 (a)The child has been in the placement for not less than 473 the preceding 6 months, or the preceding 3 months if the 474 caregiver is already known by the child and the caregiver has 475 been named as the successor guardian on the childs guardianship 476 assistance agreement. 477 Section 7.Subsection (9) of section 39.6225, Florida 478 Statutes, is amended to read: 479 39.6225Guardianship Assistance Program. 480 (9)Guardianship assistance payments may not shall only be 481 made for a young adult unless the young adults whose permanent 482 guardian entered into a guardianship assistance agreement after 483 the child attained 14 16 years of age but before the child 484 attained 18 years of age and if the child is: 485 (a)Completing secondary education or a program leading to 486 an equivalent credential; 487 (b)Enrolled in an institution that provides postsecondary 488 or vocational education; 489 (c)Participating in a program or activity designed to 490 promote or eliminate barriers to employment; 491 (d)Employed for at least 80 hours per month; or 492 (e)Unable to participate in programs or activities listed 493 in paragraphs (a)-(d) full time due to a physical, intellectual, 494 emotional, or psychiatric condition that limits participation. 495 Any such barrier to participation must be supported by 496 documentation in the childs case file or school or medical 497 records of a physical, intellectual, emotional, or psychiatric 498 condition that impairs the childs ability to perform one or 499 more life activities. 500 Section 8.Present paragraph (d) of subsection (3) of 501 section 39.801, Florida Statutes, is redesignated as paragraph 502 (e), and a new paragraph (d) is added to that subsection, to 503 read: 504 39.801Procedures and jurisdiction; notice; service of 505 process. 506 (3)Before the court may terminate parental rights, in 507 addition to the other requirements set forth in this part, the 508 following requirements must be met: 509 (d)Personal appearance of a person at the advisory hearing 510 as provided in s. 39.013(13) obviates the necessity of serving 511 process on that person and the court may proceed with the 512 advisory hearing and any subsequently noticed hearing. 513 Section 9.Subsections (4), (5), and (6) of section 39.812, 514 Florida Statutes, are amended to read: 515 39.812Postdisposition relief; petition for adoption. 516 (4)The court shall retain jurisdiction over any child 517 placed in the custody of the department until the child is 518 adopted. After custody of a child for subsequent adoption has 519 been given to the department, the court has jurisdiction for the 520 purpose of reviewing the status of the child and the progress 521 being made toward permanent adoptive placement. As part of this 522 continuing jurisdiction, for good cause shown by the guardian ad 523 litem for the child, the court may: 524 (a)Review the appropriateness of the adoptive placement of 525 the child if good cause is shown by the guardian ad litem for 526 the child. 527 (b)Review the departments denial of an application to 528 adopt a child. The departments decision to deny an application 529 to adopt a child is only reviewable under this section and is 530 not subject to chapter 120. 531 1.If the department denies an application to adopt a 532 child, the department must file written notification of the 533 denial with the court and provide copies to all parties within 534 10 business days after the departments decision. 535 2.A denied applicant may file a motion to have the court 536 review the departments denial within 30 business days after the 537 issuance of the departments written notification of its 538 decision to deny the application to adopt a child. The motion to 539 review must allege that the department unreasonably denied the 540 application to adopt and request that the court allow the denied 541 applicant to file a petition to adopt the child under chapter 63 542 without the departments consent. 543 3.A denied applicant only has standing under this chapter 544 to file a motion to review the departments denial and to 545 present evidence in support of such motion. Such standing is 546 terminated upon the entry of the courts order. 547 4.The court shall hold a hearing within 30 business days 548 after the denied applicant files the motion to review. The court 549 may only consider whether the departments denial of the 550 application is consistent with its policies and if the 551 department made such decision in an expeditious manner. The 552 standard of review is whether the departments denial of the 553 application is an abuse of discretion. 554 5.If the department selected a different applicant to 555 adopt the child, the selected applicant may participate in the 556 hearing as a participant as defined in s. 39.01 and may be 557 granted leave by the court to be heard without the need to file 558 a motion to intervene. 559 6.Within 15 business days after the conclusion of the 560 hearing, the court shall enter a written order denying the 561 motion to review or finding that the department unreasonably 562 denied the application to adopt and authorizing the denied 563 applicant to file a petition to adopt the child under chapter 63 564 without the departments consent. 565 (5)When a licensed foster parent or court-ordered 566 custodian has applied to adopt a child who has resided with the 567 foster parent or custodian for at least 6 months and who has 568 previously been permanently committed to the legal custody of 569 the department and the department does not grant the application 570 to adopt, the department may not, in the absence of a prior 571 court order authorizing it to do so, remove the child from the 572 foster home or custodian, except when: 573 (a)There is probable cause to believe that the child is at 574 imminent risk of abuse or neglect; 575 (b)Thirty business days have expired following written 576 notice to the foster parent or custodian of the denial of the 577 application to adopt, within which period no formal challenge of 578 the departments decision has been filed; 579 (c)A motion to review the departments denial of an 580 application to adopt a child under paragraph (4)(b) has been 581 denied; or 582 (d)(c)The foster parent or custodian agrees to the childs 583 removal. 584 (6)(5)The petition for adoption must be filed in the 585 division of the circuit court which entered the judgment 586 terminating parental rights, unless a motion for change of venue 587 is granted pursuant to s. 47.122. A copy of the consent to adopt 588 executed by the department must be attached to the petition, 589 unless such consent is waived under pursuant to s. 63.062(7). 590 The petition must be accompanied by a statement, signed by the 591 prospective adoptive parents, acknowledging receipt of all 592 information required to be disclosed under s. 63.085 and a form 593 provided by the department which details the social and medical 594 history of the child and each parent and includes the social 595 security number and date of birth for each parent, if such 596 information is available or readily obtainable. The prospective 597 adoptive parents may not file a petition for adoption until the 598 judgment terminating parental rights becomes final. An adoption 599 proceeding under this subsection is governed by chapter 63. 600 (7)(6)(a)Once a childs adoption is finalized, the 601 department or its contracted child-placing agency community 602 based care lead agency must make a reasonable effort to contact 603 the adoptive family by telephone 1 year after the date of 604 finalization of the adoption as a postadoption service. For 605 purposes of this subsection, the term reasonable effort means 606 the exercise of reasonable diligence and care by the department 607 or its contracted child-placing agency community-based care lead 608 agency to make contact with the adoptive family. At a minimum, 609 the department or its contracted child-placing agency must 610 document the following: 611 1.The number of attempts made by the department or its 612 contracted child-placing agency community-based care lead agency 613 to contact the adoptive family and whether those attempts were 614 successful; 615 2.The types of postadoption services that were requested 616 by the adoptive family and whether those services were provided 617 by the department or its contracted child-placing agency 618 community-based care lead agency; and 619 3.Any feedback received by the department or its 620 contracted child-placing agency community-based care lead agency 621 from the adoptive family relating to the quality or 622 effectiveness of the services provided. 623 (b)The contracted child-placing agency community-based 624 care lead agency must report annually to the department on the 625 outcomes achieved and recommendations for improvement under this 626 subsection. 627 Section 10.Present subsection (6) and (7) of section 628 63.032, Florida Statutes, are redesignated as subsections (7) 629 and (6), respectively, and present subsection (6) of that 630 section is amended to read: 631 63.032Definitions.As used in this chapter, the term: 632 (7)(6)Child-placing agency means an any child-placing 633 agency licensed by the department pursuant to s. 63.202 to place 634 minors for adoption. 635 Section 11.Present subsections (3), (4), and (5) of 636 section 63.039, Florida Statutes, are redesignated as 637 subsections (4), (5), and (6), respectively, and a new 638 subsection (3) is added to that section, to read: 639 63.039Duty of adoption entity to prospective adoptive 640 parents; sanctions. 641 (3)A licensed adoption entity must, on a quarterly basis, 642 report to the department all private adoptions that were 643 finalized in the preceding quarter. Information must include the 644 age of the child, the race of the child, the ethnicity of the 645 child, the sex of the child, the county of birth of the child, 646 and the county of adoptive family of the child. The department 647 may adopt rules to implement this section. The department shall 648 make this information available as aggregate data on its 649 website. 650 Section 12.Subsection (7) of section 63.062, Florida 651 Statutes, is amended to read: 652 63.062Persons required to consent to adoption; affidavit 653 of nonpaternity; waiver of venue. 654 (7)If parental rights to the minor have previously been 655 terminated, the adoption entity with which the minor has been 656 placed for subsequent adoption may provide consent to the 657 adoption. In such case, no other consent is required. If the 658 minor has been permanently committed to the department for 659 subsequent adoption, the department must consent to the adoption 660 or the court order finding that the department unreasonably 661 denied the application to adopt entered under s. 39.812(4) must 662 be attached to the petition to adopt, and The consent of the 663 department shall be waived upon a determination by the court 664 that such consent is being unreasonably withheld and if the 665 petitioner must file has filed with the court a favorable 666 preliminary adoptive home study as required under s. 63.092. 667 Section 13.Section 63.093, Florida Statutes, is amended to 668 read: 669 63.093Adoption of children from the child welfare system. 670 (1)Beginning July 1, 2025, the department shall contract 671 with one or more child-placing agencies to provide adoptive 672 services to prospective adoptive parents, complete the adoption 673 processes for children permanently committed to the department, 674 and support adoptive families. The department may authorize a 675 contracted child-placing agency to subcontract with other 676 entities to fulfill the duties imposed in this section. 677 (2)The department, through its contracted child-placing 678 agency or community-based care lead agency as defined in s. 679 409.986(3), or its subcontracted agency, must respond to an 680 initial inquiry from a prospective adoptive parent within 7 681 business days after receipt of the inquiry. The response must 682 inform the prospective adoptive parent of the adoption process 683 and the requirements for adopting a child from the child welfare 684 system. 685 (3)(2)The department, through its contracted child-placing 686 agency or community-based care lead agency, or its subcontracted 687 agency, must refer a prospective adoptive parent who is 688 interested in adopting a child in the custody of the department 689 to a department-approved adoptive parent training program. A 690 prospective adoptive parent must successfully complete the 691 training program, unless the prospective adoptive parent is a 692 licensed foster parent or a relative or nonrelative caregiver 693 who has: 694 (a)Attended the training program within the last 5 years; 695 or 696 (b)Had the child who is available for adoption placed in 697 their home for 6 months or longer and has been determined to 698 understand the challenges and parenting skills needed to 699 successfully parent the child who is available for adoption. 700 (4)(3)A prospective adoptive parent must complete an 701 adoption application created by the department. 702 (5)(4)Before a child is placed in an adoptive home, the 703 department, through its contracted child-placing agency, 704 community-based care lead agency or its subcontracted agency 705 must complete an adoptive home study of a prospective adoptive 706 parent that includes observation, screening, and evaluation of 707 the child and the prospective adoptive parent. An adoptive home 708 study must be updated every is valid for 12 months after the 709 date on which the study was approved. If the child was placed 710 before the termination of parental rights, the updated placement 711 or licensed home study may serve as the adoption home study. In 712 addition, the department, through its contracted child-placing 713 agency, community-based care lead agency or its subcontracted 714 agency must complete a preparation process, as established by 715 department rule, with the prospective adoptive parent. 716 (6)(5)At the conclusion of the adoptive home study and 717 preparation process, a decision must shall be made about the 718 prospective adoptive parents appropriateness to adopt. This 719 decision shall be reflected in the final recommendation included 720 in the adoptive home study. If the recommendation is for 721 approval, the adoptive parent application file must be submitted 722 to the department, through its contracted child-placing agency, 723 community-based care lead agency or its subcontracted agency for 724 approval. The contracted child-placing agency community-based 725 care lead agency or its subcontracted agency must approve or 726 deny the home study within 14 business days after receipt of the 727 recommendation. 728 (7)The department shall adopt rules to eliminate 729 duplicative practices and delays in the adoption home study 730 process for a member of a uniformed service on active duty 731 seeking to adopt in the state, including, but not limited to, 732 providing a credit for adoption classes that have been taken in 733 another state which substantially cover the preservice training 734 required under s. 409.175(14)(b). 735 (8)By November 15 of each year, the department shall 736 submit an annual report to the Governor, the President of the 737 Senate, and the Speaker of the House of Representatives on the 738 status of adoptions within this state. 739 740 Notwithstanding subsections (2) and (3) (1) and (2), this 741 section does not apply to a child adopted through the process 742 provided in s. 63.082(6). 743 Section 14.Subsections (1), (3), (4), and (5) of section 744 63.097, Florida Statutes, are amended, and subsection (7) is 745 added to that section, to read: 746 63.097Fees. 747 (1)When the adoption entity is an agency, fees may be 748 assessed if such fees they are approved by the department within 749 the process of licensing the agency and if such fees they are 750 for: 751 (a)Foster care expenses; 752 (b)Preplacement and postplacement social services; and 753 (c)Agency facility and administrative costs. 754 (3)The court must issue an order pursuant to s. 63.132(3) 755 when Approval of the court is not required until the total of 756 amounts permitted under subsection (2) exceeds: 757 (a)$5,000 in legal or other professional fees; 758 (b)$800 in court costs; or 759 (c)$5,000 in reasonable and necessary living and medical 760 expenses. 761 (4)Any fees, costs, or expenses not included in subsection 762 (2) or prohibited under subsection (5) require court approval 763 and entry of an order pursuant to s. 63.132(3) before prior to 764 payment and must be based on a finding of extraordinary 765 circumstances. 766 (5)The following fees, costs, and expenses are prohibited: 767 (a)Any fee or expense that constitutes payment for 768 locating a minor for adoption. 769 (b)Any payment which is not itemized and documented on the 770 affidavit filed under s. 63.132. 771 (c)Any fee on the affidavit which is not a fee of the 772 adoption entity, is not supported by a receipt, and does not 773 specify the service that was provided and for which the fee is 774 being charged, such as a fee for facilitation, acquisition, or 775 other similar service, or which does not identify the date the 776 service was provided, the time required to provide the service, 777 the person or entity providing the service, and the hourly fee 778 charged. 779 (7)Beginning January 1, 2025, an adoption entity shall 780 report quarterly to the department information related to the 781 age, race, ethnicity, sex, and county of birth of the adopted 782 child and the county of residence of the adoptive family for 783 each finalized adoption. The department shall also report for 784 each adoption the fees, costs, and expenses that were assessed 785 by the adoption entity or paid by the adoption entity on behalf 786 of the prospective adoptive parents, itemized by the categories 787 enumerated in subsection (2), and any fees, costs, and expenses 788 approved by the court under subsection (4). The confidentiality 789 provisions of this chapter do not apply to the fees, costs, and 790 expenses assessed or paid in connection with an adoption. In 791 reporting the information required by this subsection to the 792 department, the adoption entity shall redact any confidential 793 identifying information concerning the childs biological 794 parents and the childs adoptive parents. The department shall 795 report quarterly on its website information for each adoption 796 agency, including the actual fees, costs, and expenses of 797 finalized adoptions. The department shall adopt rules to 798 implement this subsection. 799 Section 15.Subsection (3) of section 63.132, Florida 800 Statutes, is amended to read: 801 63.132Affidavit of expenses and receipts. 802 (3)The court must issue a separate order approving or 803 disapproving the fees, costs, and expenses itemized in the 804 affidavit. The court may approve only fees, costs, and 805 expenditures allowed under s. 63.097. An order approving fees, 806 costs, and expenses that exceed the limits set in s. 63.097 must 807 include a written determination of reasonableness. The court may 808 reject in whole or in part any fee, cost, or expenditure listed 809 if the court finds 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 (g) of subsection (1) of section 817 63.212, Florida Statutes, is amended to read: 818 63.212Prohibited acts; penalties for violation. 819 (1)It is unlawful for any person: 820 (g) Except an adoption entity, to place an advertisement or 821 offer to the public, in any way, by any medium whatever that a 822 minor is available for adoption or that a minor is sought for 823 adoption; and, further, it is unlawful for any person purchasing 824 advertising space or purchasing broadcast time to advertise 825 adoption services to fail to include in any publication or fail 826 to include in the broadcast for such advertisement the Florida 827 license number of the adoption entity or The Florida Bar number 828 of the attorney placing the advertisement. This prohibition 829 applies to, but is not limited to, a paid advertisement, an 830 article, a notice, or any other paid communication published in 831 any newspaper or magazine, or on the Internet, on a billboard, 832 over radio or television, or other similar media. 833 1. Only a person who is an attorney licensed to practice 834 law in this state or an adoption entity licensed under the laws 835 of this state may place an advertisement in this state a paid 836 advertisement or paid listing of the persons telephone number, 837 on the persons own behalf, in a telephone directory that: 838 a. A child is offered or wanted for adoption; or 839 b. The person is able to place, locate, or receive a child 840 for adoption. 841 2. A person who publishes a telephone directory, newspaper, 842 magazine, billboard, or any other written advertisement that is 843 distributed in this state shall include, at the beginning of any 844 classified heading for adoption and adoption services, a 845 statement that informs directory users that only attorneys 846 licensed to practice law in this state and licensed adoption 847 entities licensed under the laws of this state may legally 848 provide adoption services under state law. 849 3. A person who places an advertisement described in 850 subparagraph 1. in a telephone directory must include the 851 following information: 852 a. For an attorney licensed to practice law in this state, 853 the persons Florida Bar number. 854 b. For a child-placing agency licensed under the laws of 855 this state, the number on the persons adoption entity license. 856 Section 17.Paragraph (a) of subsection (2) and paragraph 857 (a) of subsection (3) of section 409.1451, Florida Statutes, are 858 amended to read: 859 409.1451The Road-to-Independence Program. 860 (2)POSTSECONDARY EDUCATION SERVICES AND SUPPORT. 861 (a)A young adult is eligible for services and support 862 under this subsection if he or she: 863 1.Was living in licensed care on his or her 18th birthday 864 or is currently living in licensed care; or was at least 14 16 865 years of age and was adopted from foster care or placed with a 866 court-approved dependency guardian after spending at least 6 867 months in licensed care within the 12 months immediately 868 preceding such placement or adoption; 869 2.Spent at least 6 months in licensed care before reaching 870 his or her 18th birthday; 871 3.Earned a standard high school diploma pursuant to s. 872 1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent 873 pursuant to s. 1003.435; 874 4.Has been admitted for enrollment as a full-time student 875 or its equivalent in an eligible postsecondary educational 876 institution as provided in s. 1009.533. For purposes of this 877 section, the term full-time means 9 credit hours or the 878 vocational school equivalent. A student may enroll part-time if 879 he or she has a recognized disability or is faced with another 880 challenge or circumstance that would prevent full-time 881 attendance. A student needing to enroll part-time for any reason 882 other than having a recognized disability must get approval from 883 his or her academic advisor; 884 5.Has reached 18 years of age but is not yet 23 years of 885 age; 886 6.Has applied, with assistance from the young adults 887 caregiver and the community-based lead agency, for any other 888 grants and scholarships for which he or she may qualify; 889 7.Submitted a Free Application for Federal Student Aid 890 which is complete and error free; and 891 8.Signed an agreement to allow the department and the 892 community-based care lead agency access to school records. 893 (3)AFTERCARE SERVICES. 894 (a)1.Aftercare services are available to a young adult who 895 has reached 18 years of age but is not yet 23 years of age and 896 is: 897 a.Not in foster care. 898 b.Temporarily not receiving financial assistance under 899 subsection (2) to pursue postsecondary education. 900 c.Eligible for extended guardianship assistance payments 901 under s. 39.6225(9) or extended adoption assistance under s. 902 409.166(4), but is not participating in either program. 903 2.Subject to available funding, aftercare services as 904 specified in subparagraph (b)8. are also available to a young 905 adult who is between the ages of 18 and 22, is receiving 906 financial assistance under subsection (2), is experiencing an 907 emergency situation, and whose resources are insufficient to 908 meet the emergency situation. Such assistance shall be in 909 addition to any amount specified in paragraph (2)(b). 910 Section 18.Paragraph (d) of subsection (4) of section 911 409.166, Florida Statutes, is amended to read: 912 409.166Children within the child welfare system; adoption 913 assistance program. 914 (4)ADOPTION ASSISTANCE. 915 (d)Effective January 1, 2019, adoption assistance payments 916 may be made for a child whose adoptive parent entered into an 917 initial adoption assistance agreement after the child reached 14 918 16 years of age but before the child reached 18 years of age. 919 Such payments may be made until the child reaches age 21 if the 920 child is: 921 1.Completing secondary education or a program leading to 922 an equivalent credential; 923 2.Enrolled in an institution that provides postsecondary 924 or vocational education; 925 3.Participating in a program or activity designed to 926 promote or eliminate barriers to employment; 927 4.Employed for at least 80 hours per month; or 928 5.Unable to participate in programs or activities listed 929 in subparagraphs 1.-4. full time due to a physical, an 930 intellectual, an emotional, or a psychiatric condition that 931 limits participation. Any such barrier to participation must be 932 supported by documentation in the childs case file or school or 933 medical records of a physical, an intellectual, an emotional, or 934 a psychiatric condition that impairs the childs ability to 935 perform one or more life activities. 936 Section 19.Section 409.1662, Florida Statutes, is 937 repealed. 938 Section 20.Section 409.1664, Florida Statutes, is amended 939 to read: 940 409.1664Adoption benefits for qualifying adoptive 941 employees of state agencies, veterans, servicemembers, and law 942 enforcement officers, health care practitioners, and tax 943 collector employees. 944 (1)As used in this section, the term: 945 (a)Child within the child welfare system has the same 946 meaning as provided in s. 409.166(2). 947 (b)Health care practitioner means a person listed in s. 948 456.001(4) who holds an active license from the Department of 949 Health and whose gross income does not exceed $150,000 per year. 950 (c)Law enforcement officer has the same meaning as 951 provided in s. 943.10(1). 952 (d)(c)Qualifying adoptive employee means a full-time or 953 part-time employee of a state agency, a charter school 954 established under s. 1002.33, or the Florida Virtual School 955 established under s. 1002.37, who is not an independent 956 contractor and who adopts a child within the child welfare 957 system pursuant to chapter 63 on or after July 1, 2015. The term 958 includes instructional personnel, as defined in s. 1012.01, who 959 are employed by the Florida School for the Deaf and the Blind, 960 and includes other-personal-services employees who have been 961 continuously employed full time or part time by a state agency 962 for at least 1 year. 963 (e)(d)Servicemember has the same meaning as in s. 964 250.01(19). 965 (f)(e)State agency means a branch, department, or agency 966 of state government for which the Chief Financial Officer 967 processes payroll requisitions, a state university or Florida 968 College System institution as defined in s. 1000.21, a school 969 district unit as defined in s. 1001.30, or a water management 970 district as defined in s. 373.019. 971 (g)Tax collector employee means an employee of an office 972 of county tax collector in this state. 973 (h)(f)Veteran has the same meaning as in s. 1.01(14). 974 (2)A qualifying adoptive employee, veteran, law 975 enforcement officer, health care practitioner, tax collector 976 employee, or servicemember who adopts a child within the child 977 welfare system who is difficult to place as described in s. 978 409.166(2)(d)2. is eligible to receive a lump-sum monetary 979 benefit in the amount of $25,000 $10,000 per such child, subject 980 to applicable taxes. A law enforcement officer who adopts a 981 child within the child welfare system who is difficult to place 982 as described in s. 409.166(2)(d)2. is eligible to receive a 983 lump-sum monetary benefit in the amount of $25,000 per such 984 child, subject to applicable taxes. A qualifying adoptive 985 employee, veteran, law enforcement officer, health care 986 practitioner, tax collector employee, or servicemember who 987 adopts a child within the child welfare system who is not 988 difficult to place as described in s. 409.166(2)(d)2. is 989 eligible to receive a lump-sum monetary benefit in the amount of 990 $10,000 $5,000 per such child, subject to applicable taxes. A 991 law enforcement officer who adopts a child within the child 992 welfare system who is not difficult to place as described in s. 993 409.166(2)(d)2. is eligible to receive a lump-sum monetary 994 benefit in the amount of $10,000 per each such child, subject to 995 applicable taxes. A qualifying adoptive employee of a charter 996 school or the Florida Virtual School may retroactively apply for 997 the monetary benefit provided in this subsection if such 998 employee was employed by a charter school or the Florida Virtual 999 School when he or she adopted a child within the child welfare 1000 system pursuant to chapter 63 on or after July 1, 2015. A 1001 veteran or servicemember may apply for the monetary benefit 1002 provided in this subsection if he or she is domiciled in this 1003 state and adopts a child within the child welfare system 1004 pursuant to chapter 63 on or after July 1, 2020. A law 1005 enforcement officer may apply for the monetary benefit provided 1006 in this subsection if he or she is domiciled in this state and 1007 adopts a child within the child welfare system pursuant to 1008 chapter 63 on or after July 1, 2022. A health care practitioner 1009 or tax collector employee may apply for the monetary benefit 1010 provided in this subsection if he or she is domiciled in this 1011 state and adopts a child within the child welfare system 1012 pursuant to chapter 63 on or after July 1, 2024. 1013 (a)Benefits paid to a qualifying adoptive employee who is 1014 a part-time employee must be prorated based on the qualifying 1015 adoptive employees full-time equivalency at the time of 1016 applying for the benefits. 1017 (b)Monetary benefits awarded under this subsection are 1018 limited to one award per adopted child within the child welfare 1019 system. 1020 (c)The payment of a lump-sum monetary benefit for adopting 1021 a child within the child welfare system under this section is 1022 subject to a specific appropriation to the department for such 1023 purpose. 1024 (3)A qualifying adoptive employee must apply to his or her 1025 agency head, or to his or her school director in the case of a 1026 qualifying adoptive employee of a charter school or the Florida 1027 Virtual School, to obtain the monetary benefit provided in 1028 subsection (2). A veteran, or servicemember, or tax collector 1029 employee must apply to the department to obtain the benefit. A 1030 law enforcement officer must apply to the Department of Law 1031 Enforcement to obtain the benefit. A health care practitioner 1032 must apply to the Department of Health to obtain the benefit. 1033 Applications must be on forms approved by the department and 1034 must include a certified copy of the final order of adoption 1035 naming the applicant as the adoptive parent. Monetary benefits 1036 shall be approved on a first-come, first-served basis based upon 1037 the date that each fully completed application is received by 1038 the department. 1039 (4)This section does not preclude a qualifying adoptive 1040 employee, veteran, servicemember, health care practitioner, tax 1041 collector employee, or law enforcement officer from receiving 1042 adoption assistance for which he or she may qualify under s. 1043 409.166 or any other statute that provides financial incentives 1044 for the adoption of children. 1045 (5)Parental leave for a qualifying adoptive employee must 1046 be provided in accordance with the personnel policies and 1047 procedures of his or her employer. 1048 (6)The department may adopt rules to administer this 1049 section. The rules may provide for an application process such 1050 as, but not limited to, an open enrollment period during which 1051 qualifying adoptive employees, veterans, servicemembers, health 1052 care practitioners, tax collector employees, or law enforcement 1053 officers may apply for monetary benefits under this section. 1054 (7)The Chief Financial Officer shall disburse a monetary 1055 benefit to a qualifying adoptive employee upon the departments 1056 submission of a payroll requisition. The Chief Financial Officer 1057 shall transfer funds from the department to a state university, 1058 a Florida College System institution, a school district unit, a 1059 charter school, the Florida Virtual School, or a water 1060 management district, as appropriate, to enable payment to the 1061 qualifying adoptive employee through the payroll systems as long 1062 as funds are available for such purpose. 1063 (8)To receive an approved monetary benefit under this 1064 section, a veteran or servicemember must be registered as a 1065 vendor with the state. 1066 (9)Each state agency shall develop a uniform procedure for 1067 informing employees about this benefit and for assisting the 1068 department in making eligibility determinations and processing 1069 applications. Any procedure adopted by a state agency is valid 1070 and enforceable if the procedure does not conflict with the 1071 express terms of this section. 1072 Section 21.Subsections (1) through (4) of section 409.167, 1073 Florida Statutes, are amended to read: 1074 409.167Statewide adoption exchange; establishment; 1075 responsibilities; registration requirements; rules. 1076 (1)The Department of Children and Families shall 1077 establish, either directly or through purchase, a statewide 1078 adoption exchange, with a photo listing component, which serves 1079 shall serve all authorized licensed child-placing agencies in 1080 the state as a means of recruiting adoptive families for 1081 children who have been legally freed for adoption and who have 1082 been permanently placed with the department or a licensed child 1083 placing agency. The statewide adoption exchange must shall 1084 provide, in accordance with rules adopted by the department, 1085 descriptions and photographs of such children, as well as any 1086 other information deemed useful in the recruitment of adoptive 1087 families for each child. The photo listing component of the 1088 statewide adoption exchange must be updated monthly and may not 1089 be accessible to the public, except to persons who have 1090 completed or are in the process of completing an adoption home 1091 study. 1092 (2)(a)Each district of the department shall refer each 1093 child in its care who has been legally freed for adoption to the 1094 statewide adoption exchange no later than 30 days after the date 1095 of acceptance by the department for permanent placement. The 1096 referral must be accompanied by a photo listing photograph and 1097 description of the child. Any child 12 years of age or older may 1098 request that a specific photo be used for their entry and must 1099 be consulted during the development of their description. 1100 (b)The department shall establish criteria by which a 1101 district may determine that a child need not be registered with 1102 the statewide adoption exchange. Within 30 days after the date 1103 of acceptance by the department for permanent placement, the 1104 name of the child accepted for permanent placement must be 1105 forwarded to the statewide adoption exchange by the district 1106 together with reference to the specific reason why the child 1107 should not be placed on the statewide adoption exchange. If the 1108 child has not been placed for adoption within 3 months after the 1109 date of acceptance by the department for permanent placement, 1110 the district must shall provide the statewide adoption exchange 1111 with the necessary photograph and information for registration 1112 of the child with the statewide adoption exchange and the child 1113 must shall be placed on the statewide adoption exchange. The 1114 department shall establish procedures for monitoring the status 1115 of children who are not placed on the statewide adoption 1116 exchange within 30 days after the date of acceptance by the 1117 department for permanent placement. 1118 (3)In accordance with rules established by the department, 1119 the statewide adoption exchange may accept, from licensed child 1120 placing agencies, information pertaining to children meeting the 1121 criteria of this section, and to prospective adoptive families, 1122 for registration with the statewide adoption exchange. 1123 (4)For purposes of facilitating family-matching between 1124 children and prospective adoptive parents, the statewide 1125 adoption exchange must shall provide the photo listing component 1126 service to all licensed child-placing agencies and, in 1127 accordance with rules adopted established by the department, to 1128 all appropriate citizen groups and other organizations and 1129 associations interested in childrens services. The photo 1130 listing component of the statewide adoption exchange may not be 1131 accessible to the public, except to persons who have completed 1132 or are in the process of completing an adoption home study. 1133 Section 22.Effective July 1, 2025, paragraph (a) of 1134 subsection (1) of section 409.988, Florida Statutes, is amended 1135 to read: 1136 409.988Community-based care lead agency duties; general 1137 provisions. 1138 (1)DUTIES.A lead agency: 1139 (a)1.Shall serve: 1140 a.all children referred as a result of a report of abuse, 1141 neglect, or abandonment to the departments central abuse 1142 hotline, including, but not limited to, children who are the 1143 subject of verified reports and children who are not the subject 1144 of verified reports but who are at moderate to extremely high 1145 risk of abuse, neglect, or abandonment, as determined using the 1146 departments risk assessment instrument, regardless of the level 1147 of funding allocated to the lead agency by the state if all 1148 related funding is transferred. 1149 b.Children who were adopted from the child welfare system 1150 and whose families require postadoption supports. 1151 2.May also serve children who have not been the subject of 1152 reports of abuse, neglect, or abandonment, but who are at risk 1153 of abuse, neglect, or abandonment, to prevent their entry into 1154 the child protection and child welfare system. 1155 Section 23.Except as otherwise expressly provided in this 1156 act, this act shall take effect July 1, 2024.