The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Children, Families, and Elder Affairs
BILL: SB 1486
INTRODUCER: Senator Collins
SUBJECT: Child Permanency
DATE: January 15, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Rao Tuszynski CF Pre-meeting
2. AHS
3. FP
I. Summary:
SB 1486 makes numerous changes to Chapters 39, 409, and 63, F.S., to reduce barriers in
dependency proceedings, ensure the safety of children in out-of-home care, increase the time to
permanency, and expand the financial opportunities to children in, or formerly in, the foster care
system and adoptive parents. Specifically, the bill:
Revises the process for background screening process for out-of-home placements.
Creates a process to commit a child to the legal custody of the Department of Children and
Families (DCF) to seek adoption for a child whose parents die while the child is in the
dependency system or who otherwise does not have a legal guardian to care for the child and
must rely on the DCF for services, but is not a victim of abuse, abandonment, or neglect.
Creates an emergency modification of placement process to address child safety of children
in out-of-home care that is separate from a shelter hearing.
Reduces the number of months required to close a case to permanent guardianship and allow
a guardian to receive Guardianship Assistance Program (GAP) benefits from 6 to 3 months if
the caregiver was previously named as a successor guardian.
Reduces the child-age eligibility requirement for a guardian or adoptive parent to receive
GAP payments or adoption assistance payments.
Eliminates the requirement to personally serve a parent with a petition when the parent
appears at a termination of parental rights hearing, aligning statute with the dependency
hearing process.
Shifts the judicial review of the DCF’s decision on adoption applications made to the DCF
under Ch. 39, F.S., from a separate administrative process under Ch. 120, F.S., to the judge
assigned to the dependency processing who has the most familiarity with the child and
family.
Removes the requirement for Community-based care (CBC) lead agencies to provide
adoption services and, instead, requires the DCF to contract with a child-placing agency to
provide such services.
REVISED: BILL: SB 1486 Page 2
Reduces the fee amounts private adoption entities can charge prospective adoptive parents
without court approval.
Expands those who may participate in the adoption benefits program to include certain health
care practitioners.
Repeals the adoption incentive program that awarded incentive payments to CBCs.
Expands independent living services for young adults aging out of foster care by decreasing
the eligibility age for Postsecondary Education Services and Supports and allowing young
adults to receive Aftercare if eligible for the extended GAP program or the extended adoption
assistance program but is not participating in either program.
The bill has an indeterminate, but significant, negative fiscal impact on state government and the
private sector. See Section V. Fiscal Impact Statement.
The bill has an effective date of July 1, 2024, with the exception of sections 10 and 16, which
have an effective date of July 1, 2025.
II. Present Situation:
An estimated 3.9 million referrals of alleged child abuse and neglect were made nationwide in
2021.
1
Of that 3.9 million, approximately 2 million met the requirements for an investigation
2
leading to approximately 588,000 children with a finding of maltreatment.
3
More than 4.28
million children live in a Florida, a vast majority of which, never come to the attention of
Florida’s child welfare system.
4
In 2021, the Department of Children and Families (DCF)
investigated 256,060 reports of potential child abuse, and approximately 11 percent (or 27,394)
of those investigations results in a finding of maltreatment.
5
The United States Congress appropriates federal funds through various grants to the DCF to
supplement state general revenue funds for the implementation of child welfare programs.
6
The
DCF uses these funds to contract with local community non-profits to provide child welfare
services.
7
The DCF uses a centralized child welfare information system known as Florida Safe Families
Network (FSFN) and is in the middle of a multi-year project to transition from old federal
guidelines that required a Statewide Automated Child Welfare System (SACWIS) to new federal
1
U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau, Report on
Child Maltreatment 2021, p. 8, available at: https://www.acf.hhs.gov/sites/default/files/documents/cb/cm2021.pdf (last
visited Jan. 14, 2024).
2
Id. at p. 13; referred to as “screened in referrals.”
3
Id. at 21; referred to as “victims of abuse and neglect.”
4
U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau, Child
Population Data for Florida, available at https://cwoutcomes.acf.hhs.gov/cwodatasite/pdf/florida.html (last visited Jan. 14,
2024).
5
Id.
6
The main federal grant programs that supplement state-level child welfare programs are Titles IV-E and IV-B of the Social
Security Act.
7
Part V of ch. 409, F.S. BILL: SB 1486 Page 3
guidelines that require a Comprehensive Child Welfare Information System (CCWIS).
8
This
transition will modernize and enhance the data capabilities of the DCF.
Florida’s Child Welfare System – Generally
Chapter 39, F.S., creates Florida’s dependency system charged with protecting children who
have been abused, neglected, or abandoned. Florida’s child welfare system identifies children
and families in need of services through reports to the central abuse hotline and child protective
investigations. The DCF and CBCs work with those families to address the problems
endangering children, if possible. If the problems cannot be addressed, the child welfare system
finds safe out-of-home placements for these children.
9
Child welfare services are directed toward the prevention of child abuse, abandonment, and
neglect.
10
The DCF practice model is based on the safety of the child within his or her home,
using in-home services, such as parenting coaching and counseling to maintain and strengthen
the child’s natural supports in the home environment.
11
These services are coordinated by the
DCF-contracted community-based care lead agencies (CBCs).
12
The DCF remains responsible
for a number of child welfare services, including operating the central abuse hotline, performing
child protective investigations, and providing children’s legal services.
13
Ultimately, the DCF is
responsible for program oversight and the overall performance of the child welfare system.
14
Department of Children and Families
The DCF’s statutory mission is to work in partnership with local communities to protect the
vulnerable, promote strong and economically self-sufficient families, and advance personal and
family recovery and resiliency.
15
The DCF must develop a strategic plan to fulfill this mission
and establish measurable goals, objectives, performance standards, and quality assurance
requirements to ensure the DCF is accountable to taxpayers.
16
The DCF is required to provide services relating to
17
:
Adult protection.
Child care regulation.
8
The Children’s Bureau, CCWIS Status, available at https://www.acf.hhs.gov/cb/training-technical-assistance/ccwis-status
(last visited Jan. 14, 2024)
9
Chapter 39, F.S.
10
Section 39.001(8), F.S.
11
See generally: The Department of Children and Families, Florida’s Child Welfare Practice Model, available at:
https://www.myflfamilies.com/services/child-family/child-and-family-well-being/floridas-child-welfare-practice-model (last
visited Jan. 14, 2024).
12
Section 409.986(1), F.S.; See generally The Department of Children and Families (The DCF), About Community-Based
Care, available at https://www.myflfamilies.com/services/child-family/child-and-family-well-being/community-based-
care/about-community-based-care (last visited Jan. 14, 2024).
13
Office of Program Policy Analysis and Government Accountability, Child Welfare System Performance Mixed in First
Year of Statewide Community-Based Care, Report 06-50, June 2006, available at
https://oppaga.fl.gov/Products/ReportDetail?rn=06-50 (last visited Jan. 14, 2024).
14
Id.
15
Section 20.19(1)(a), F.S.
16
Section 20.19(1)(b), F.S.
17
Section 20.19(4)(a), F.S. BILL: SB 1486 Page 4
Child welfare.
Domestic violence.
Economic self-sufficiency.
Homelessness.
Mental health.
Refugees.
Substance abuse.
The DCF must deliver services by contract through private providers to the extent allowed by
law and funding.
18
These private providers include CBCs delivering child welfare services.
19
Community-Based Care System
The DCF, through CBCs, administer a system of care
20
to children and families that is required
to focus on:
Prevention of separation of children from their families;
Intervention to allow children to remain safely in their own homes;
Reunification of families who have had their children removed from their care;
Safety for children who are separated from their families;
Promoting the well-being of children through emphasis on educational stability and timely
health care;
Permanency, including providing adoption and postadoption services; and
Transition to independence and self-sufficiency.
21
The CBCs must give priority to services that are evidence-based and trauma informed.
22
The
CBCs contract with a number of subcontractors for case management and direct care services to
children and their families. There are 17 CBCs statewide, which together serve the state’s 20
judicial circuits.
23
The Dependency System Process – Generally
When child welfare necessitates that the DCF remove a child from the home to ensure his or her
safety, a series of dependency court proceedings must occur to place that child in an out-of-home
placement, adjudicate the child dependent, and if necessary, terminate parental rights and free
that child for adoption. Steps in the dependency process usually include:
A report to the Florida Abuse Hotline.
A child protective investigation to determine the safety of the child.
The court finding the child dependent.
18
Section 20.19(1)(d), F.S.
19
Part V of ch. 409, F.S. and s. 394.9082, F.S.
20
Section 409.986(1), F.S.; See generally The Department of Children and Families (The DCF), About Community-Based
Care, available at https://www.myflfamilies.com/services/child-family/child-and-family-well-being/community-based-
care/about-community-based-care (last visited Jan. 14, 2024).
21
Id.; Also see generally s. 409.988, F.S.
22
Section 409.988(3), F.S.
23
The DCF, Lead Agency Information, available at https://www.myflfamilies.com/services/child-family/child-and-family-
well-being/community-based-care/lead-agency-information (last visited Jan. 14, 2024). BILL: SB 1486 Page 5
Case planning for the parents to address the problems resulting in their child’s dependency.
Placement in out-of-home care, if necessary.
Reunification with the child’s parent or another option to establish permanency, such as
adoption after termination of parental rights.
24
Dependency
Proceeding
Description of Process
Controlling
Statute(s)
Removal
The DCF may remove a child from his or her home after a
protective investigation determines that conditions in that
child’s home are unsafe and a safety plan cannot make the
conditions safe.
s. 39.401, F.S.
Shelter Hearing
The court must hold a shelter hearing within 24 hours after
removal. At this hearing, the judge determines whether
there was probable cause to remove the child and whether
to keep the child out-of-home.
s. 39.401, F.S.
Petition for
Dependency
The DCF must file a petition for dependency within 21 days
of the shelter hearing. This petition seeks to find the child
dependent.
s. 39.501, F.S.
Arraignment
Hearing and
Shelter Review
The court must hold an arraignment and shelter review
within 28 days of the shelter hearing. The hearing allows the
parent to admit, deny, or consent to the allegations within
the petition for dependency and allows the court to review
any previous shelter placement.
s. 39.506, F.S.
Adjudicatory
Trial
The court must hold an adjudicatory trial within 30 days of
arraignment. The judge determines whether a child is
dependent during this trial.
s. 39.507, F.S.
Disposition
Hearing
The court must hold a disposition hearing within 15 days of
arraignment (if the parents admits or consents to
adjudication) or 30 days of adjudication if a court finds the
child dependent. At this hearing, the judge reviews the case
plan and placement of the child and orders the case plan and
the appropriate placement of the child.
s. 39.506, F.S.
s. 39.521, F.S.
Postdisposition
Change of
Custody Hearing
The court may change the temporary out-of-home
placement of a child at a postdisposition hearing any time
after disposition but before the child is residing in the
permanent placement approved at a permanency hearing.
s. 39.522, F.S.
Judicial Review
Hearings
The court must review the case plan and placement at least
every 6 months, or upon motion of a party.
s. 39.701, F.S.
24
The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in
preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children. S.
63.022, F.S. BILL: SB 1486 Page 6
Dependency
Proceeding
Description of Process
Controlling
Statute(s)
Petition for
Termination of
Parental Rights
If the DCF determines that reunification is no longer a viable
goal and termination of parental rights is in the best interest
of the child, and other requirements are met, a petition for
termination of parental rights is filed.
s. 39.802, F.S.
s. 39.8055, F.S.
s. 39.806, F.S.
s. 39.810, F.S.
Advisory Hearing
The court must hold an advisory hearing as soon as possible
after all parties have been served with the petition for
termination of parental rights. The hearing allows the parent
to admit, deny, or consent to the allegations within the
petition for termination of parental rights.
s. 39.808, F.S.
Adjudicatory
Hearing
The court must hold an adjudicatory trial within 45 days after
the advisory hearing. The judge determines whether to
terminate parental rights to the child at this trial.
s. 39.809, F.S.
Central Abuse Hotline
The DCF is required to operate and maintain a central abuse hotline (hotline)
25
to receive reports
of known or suspected instances of child abuse,
26
abandonment,
27
or neglect,
28
or instances when
a child does not have a parent, legal custodian or adult relative available to provide supervision
and care.
29
The hotline must operate 24 hours a day, 7 days a week, and accept reports in writing
via fax, web-based reporting,
30
web-based chat, or a single statewide toll-free telephone
number.
31
If the hotline determines a report meets the statutory criteria for child abuse, abandonment, or
neglect, a child protective investigation must be completed by a DCF child protective
25
Hereinafter cited as “hotline”. “Florida Abuse Hotline” means the DCF’s central abuse reporting intake assessment center,
which receives and processes reports of known or suspected child abuse, neglect or abandonment 24 hours a day, seven days
a week. Chapter 65C-30.001, F.A.C.
26
Section 39.01(2), F.S., defines “abuse” as any willful act or threatened act that results in any physical, mental, or sexual
abuse, injury, or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly
impaired.
27
Section 39.01(1), F.S., defines “abandoned” or “abandonment” as a situation in which the parent or legal custodian of a
child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution to
the child’s care and maintenance or has made no significant contribution to the child’s care and maintenance or has failed to
establish or maintain a substantial and positive relationship with the child, or both. “Establish or maintain a substantial and
positive relationship” means, in part, frequent and regular contact with the child, and the exercise of parental rights and
responsibilities.
28
Section 39.01(50), F.S., states “neglect” occurs when a child is deprived of, or is allowed to be deprived of, necessary food,
clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment
causes the child’s physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly
impaired, except when such circumstances are caused primarily by financial inability unless services have been offered and
rejected by such person.
29
Section 39.201(4), F.S.
30
Section 39.201(2)(j), F.S., requires the DCF to update the web-based reporting form to include fields for specified
information and allow a reporter to save and return to a report at a later time.
31
Section 39.201(4) and (5), F.S. BILL: SB 1486 Page 7
investigator (CPI).
32
The CPI must either implement a safety plan for the child, which allows the
child to remain in the home with in-home services or take the child into custody. If the child
cannot safely remain in the home with a safety plan, the DCF must file a shelter petition and
remove the child from his or her current home and temporarily places them in out-of-home
care.
33
Hotline reports and child welfare records are confidential.
34
However, the law requires the DCF
to release records to “any person in the event of the death of a child determined to be a result of
abuse, abandonment, or neglect.”
35
Current law does not detail or specify whom must make the
determination that the death was the result of abuse, abandonment, or neglect or when that
determination must occur. This lack of specificity has caused issues with the DCF being unaware
of “determinations” made by other entities and being unknowingly liable for the release of
records.
36
In-Home Services
The DCF is required to make all efforts to keep children with their families and provide
interventions that allow children to remain safely in their own homes.
37
CPIs and CBC case
managers can refer families for in-home services to allow children who would otherwise be
unsafe to remain in their own homes.
As of September 30, 2023, 8,136 children were receiving in-home services.
38
Out-of-Home Placements
When a CPI determines that in-home services are not enough to ensure a child’s safety, the CPI
removes the child from the home and places him or her in a safe and appropriate temporary out-
of-home placement, which can include placement with:
32
Section 39.201 (4), F.S. Hereinafter cited as “CPI.” The DCF recruits qualified professional staff to serve as child
protective investors. Preference is given to individuals who have baccalaureate and master’s degrees in social work,
psychology, sociology, counseling, special education, education, human development, child development, family
development, marriage and family therapy, nursing, or individuals with a combination of relevant work and volunteer
experience that demonstrate a commitment to helping children and families. All CPIs are required to complete training on the
recognition of and responses to head trauma and brain injury in a child under 6 years of age developed by the Child
Protection Team Program within the Department of Health, and training that is either focused on serving a specific
population, including, but not limited, to, medically fragile children, sexually exploited children, children under 3 years of
age, or families with a history of domestic violence, mental illness, or substance abuse, or focused on performing certain
aspects of child protection practice, including, but not limited to, investigation techniques and analysis of family dynamics.
Section 402.402, F.S. See also: s. 39.01, F.S. defines “Protective investigator” as an authorized agent of the department who
receives and investigates reports of child abuse, abandonment, or neglect; who, as a result of the investigation, may
recommend that a dependency petition be filed for the child; and who performs other duties necessary to carry out the
required actions of the protective investigation function.
33
Section 39.201, F.S.
34
Section 39.202(1), F.S.
35
Section 39.202(2)(o), F.S.
36
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), pp. 3-4, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
37
Sections 39.402(7), 39.521(1)(f), and 39.701(d), F.S.
38
The Department of Children and Families, Child Welfare Key Indicators Monthly Report October 2023, available at:
https://www.myflfamilies.com/KIDS/ROA/child-welfare-key-indicators-reports (last visited Jan. 14, 2024). BILL: SB 1486 Page 8
a nonoffending parent;
relative caregiver;
adoptive parent of the child’s sibling;
fictive kin who has a close existing relationship to the child;
nonrelative caregiver that does not have an existing relationship with the child; or
licensed foster care, group care or residential care.
39
Out-of-home placements provide housing, support, and services to a child until the conditions in
his or her home are safe enough to return or the child achieves permanency with another family
through another permanency option, like adoption.
40
Children in out-of-home care should be placed in the least restrictive, most family-like
environment in close proximity to parents.
41
CBCs are responsible for placing children in the
most appropriate available setting after conducting an assessment using child-specific factors.
42
The following chart demonstrates the number of children in out-of-home care in the state as of
September 30, 2023.
Source: Department of Children and Families, Child Welfare Key Indicators Monthly Report, October 2023, p. 31
39
Section 39.4021, F.S.
40
The Office of Program Policy and Government Accountability, Program Summary, available at
https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=5053 (last visited Jan. 14, 2024).
41
Sections 39.001(1) and 39.4021(1), F.S.
42
Rule 65C-28.004, F.A.C., provides that the child-specific factors include age, sex, sibling status, physical, educational,
emotional, and developmental needs, maltreatment, community ties, and school placement. BILL: SB 1486 Page 9
Background Screening Requirements for Out-of-Home Placements
Statute requires the DCF to conduct local and criminal history records on all persons being
considered as a placement option, including all “household members” 12 years of age and older
43
A criminal history records check may include, but is not limited to, submission of fingerprints to
the Florida Department of Law Enforcement (FDLE) for processing and forwarding to the
Federal Bureau of Investigation (FBI) for state and national criminal history information, and a
local criminal records checks through local law enforcement agencies for all household members
18 years of age and older and other visitors to the home.
The DCF uses the FBI’s criminal history record databases to complete criminal history records
checks
44
State statute must be in compliance with federal law and rules to allow a state agency to
access the FBI’s criminal history information. Section 39.0138, F.S., was previously approved
and the FBI’s Criminal Justice Information Law Unit (CJILU) authorized the DCF to conduct
finger-based background checks of any person being considered for placement of dependent
children. However, in 2020, changes were made to s. 39.0138, F.S., which prompted a review by
the CJLIU.
The review found the definition of “visitor” to be too broad and timeframes and processes for the
background check were not explicitly stated.
45
For DCF to continue using the FBI system Florida
statute must come into compliance with federal standards.
46
In state fiscal year 2022-23 the DCF utilized the FBI’s system to:
Complete 33,380 screenings for placement of children and adoptions, of which 929 were
denied.
Conduct 7,527 screenings for emergency placement, of which 7,373 were approved and 154
were disqualified.
Emergency Postdisposition Change of Placements
Section 39.522, F.S., details the process for a dependency court to grant changes of placement
for children who are in the dependency system. The law allows a petition to be brough before the
court alleging the need for the change of placement of child who is placed by the DCF under
protective supervision. If any party
47
to the child’s case or the current caregiver denies the need
for the change, the court must hear from all parties through an evidentiary hearing. Upon the
admission of a need for a change or after such hearing and finding of a need for change of
placement, the court must enter an order changing the placement, modifying the conditions of
43
Section 39.0138, F.S.
44
Pub. L. 92-544 provides the authority for the DCF to utilize the FBI’s criminal history record databases.
45
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), p. 3, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
46
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), p. 3, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
47
“Party” is defined as the parent or parents of the child, the petitioner, the department, the guardian ad litem or the
representative of the guardian ad litem program when the program has been appointed, and the child. The presence of the
child may be excused by order of the court when presence would not be in the child’s best interest. Notice to the child may be
excused by order of the court when the age, capacity, or other condition of the child is such that the notice would be
meaningless or detrimental to the child. S. 39.01, F.S. BILL: SB 1486 Page 10
protective supervision, or continuing the conditions of protective supervision as ordered. The
standard for postdisposition change of placement is the best interests of the child.
48
When determining whether a change of legal custody or placement is in the best interests of the
child, the court must consider 15 best interest factors,
49
and any report filed by the
multidisciplinary team. The court must also consider the priority of placements established in
law when deciding what placement is in the child‘s best interest.
50
Importantly, s. 39.522(2), F.S., does not provide for an emergency hearing when a child’s
placement must be immediately modified. Because there is no emergency process for
modification of placement, when a child is at risk of abuse, abandonment, or neglect in his or her
current placement, the DCF has been exercising its shelter power to protect the child.
51
This
requires the court to conduct a shelter hearing for the child already under the DCF’s supervision.
This leads to confusion as to whether the standard to be used to move the child is probable cause
to shelter or best interests of the child to modify placement.
52
During state fiscal year 2022-23, dependency courts granted a postdisposition change of
placement for 6,672 children in the dependency system.
53
Termination of Parental Rights
To free a child for adoption, the DCF must terminate the legal relationship between the child and
his or her parents in a proceeding known as a termination of parental rights. Once this process
has occurred and parental rights have been terminated, the court retains jurisdiction over the
48
Section 39.01375, F.S.
49
Section 39.01375, F.S. lists 15 factors the court must consider when determining whether a proposed placement change is
in a child’s best interest: The child’s age; the physical, mental, and emotional health benefits to the child by remaining in his
or her current placement or moving to the proposed placement; the stability and longevity of the child’s current placement;
the established bonded relationship between the child and the current or proposed caregiver; the reasonable preference of the
child, if the child is of a sufficient age and capacity to express a preference; the recommendation of the child’s current
caregiver, if applicable; the recommendation of the child’s guardian ad litem, if one has been appointed; the child’s previous
and current relationship with a sibling and if the change of legal or physical custody or placement will separate or reunite
siblings, evaluated in accordance with s. 39.4024, F.S.; the likelihood of the child attaining permanency in the current or
proposed placement; the likelihood the child will be required to change schools or child care placement, the impact of such
change on the child, and the parties’ recommendations as to the timing of the change, including an education transition plan
required under s. 39.4023, F.S.; the child’s receipt of medical, behavioral health, dental, or other treatment services in the
current placement; the availability of such services and the degree to which they meet the child’s needs; and whether the
child will be able to continue to receive services from the same providers and the relative importance of such continuity of
care; the allegations of any abuse, abandonment, or neglect, including sexual abuse and human trafficking history, which
caused the child to be placed in out-of-home care and any history of additional allegations of abuse, abandonment, or neglect;
the likely impact on activities that are important to the child and the ability of the child to continue such activities in the
proposed placement; the likely impact on the child’s access to education, Medicaid, and independent living benefits if moved
to the proposed placement; and any other relevant factor.
50
Section 39.4021(2)(a), F.S. lists the priority of placements that must be considered, as follows: 1. Nonoffending parent; 2.
Relative caregiver; 3. Adoptive parent of the child’s sibling, when the DCF or CBC is aware of such sibling; 4. Fictive kin
with a close existing relationship with the child; 5. Nonrelative caregiver that does not have an existing relationship with the
child; 6. Licensed foster care; 7. Group or congregate care.
51
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), p. 6, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
52
Id.
53
Id. BILL: SB 1486 Page 11
child until the child is adopted.
54
The DCF, the guardian ad litem assigned to the child’s case, or
any other person knowledgeable of the facts of the case is permitted to file a petition for the
termination of parental rights with the court.
55
During the dependency phase of a dependency case, personal appearance of any person in a
hearing before the court obviates the necessity of serving process on that person.
56
However,
there is no similar provision during the termination of parental rights phase of the case.
57
Because of this, when a case has entered the termination of parental rights phase, even if a parent
arrives to a hearing, the DCF must personally serve that parent and the hearing must be reset to a
later date. When hearings are conducted remotely, the DCF is not able to personally serve the
parent during the hearing; therefore, the hearing cannot be re-held until service by a formal
process server is completed.
58
This can result in delays in the termination of parental rights
process and permanency for children.
Permanency
Florida law requires a permanency hearing no later than 12 months after the child was removed
from his or her home or within 30 days after a court determines that reasonable efforts to return
the child to either parent are not required, whichever occurs first.
59
The purpose of the
permanency hearing is for the court to determine when the child will achieve permanency or
whether modifying the permanency goal is in the child’s best interest.
60
A permanency hearing
must be held at least every 12 months for any child who continues to be supervised by the
DCF.
61
The permanency goals under Florida law
62
, listed in order of preference are:
Reunification;
Adoption, if a petition for termination of parental rights has been or will be filed;
Permanent guardianship under s. 39.6221, F.S.;
Permanent placement with a fit and willing relative under s. 39.6231, F.S.; or
Placement in another planned permanent living arrangement under s. 39.6241, F.S.
Adoptions
Child Welfare Adoptions and Adoption Decision Review Process
The Florida Adoptions Act, codified in Ch. 63, F.S., applies to all adoptions, whether private or
from the child welfare system, involving the following entities
63
:
The DCF under Chapter 39, F.S.;
54
Section 39.811, F.S.
55
Section 39.802, F.S.
56
Section 39.502(2), F.S.
57
See generally, Part X of Ch. 39, F.S.
58
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), pp. 4-6, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
59
Section 39.621 (1), F.S.
60
Id.
61
Id.
62
Section 39.621, F.S.
63
Ch. 63, F.S. BILL: SB 1486 Page 12
Child-placing agencies licensed by the DCF under s. 63.202, F.S.;
Child-caring agencies registered under s. 409.176, F.S.;
An attorney licensed to practice in Florida; or
A child-placing agency licensed in another state which is licensed by the DCF to place
children in Florida.
Ultimately, if the court is unable to reunify a child to his or her home due to safety concerns, the
child welfare system may seek a permanent home for that child through the adoption process.
64
Adoption is the act of creating a legal relationship between a parent and child where one did not
previously exist, declaring the child to be legally the child of the adoptive parents and entitled to
all rights and privileges and subject to all obligations of a child born to the adoptive parents.
65
Adoption is one of the legally recognized child-welfare permanency goals that may be ordered
by a court for a child within the child welfare system.
66
To free a child for adoption, the DCF must terminate the legal relationship between the child and
his or her current parents in a proceeding known as a termination of parental rights. Once this
process has occurred and parental rights have been terminated, the court retains jurisdiction over
the child until the child is adopted.
67
The DCF may place the child with a licensed child-placing
agency, a registered child-caring agency, or a family home for prospective adoption if given
custody of a child that has been made available for a subsequent adoption under ch. 39, F.S.
68
The DCF’s ability to place a child in its custody for adoption and the court’s review of that
placement is controlled by s. 39.812, F.S. The DCF may place a child in a home and the DCF’s
consent alone, in all cases, is sufficient. The dependency court retains jurisdiction over any child
placed in the custody of the DCF until the child is adopted. After custody of a child for
subsequent adoption has been given to the DCF, the court has jurisdiction for the purpose of
reviewing the status of the child and the progress being made toward permanent adoptive
placement. As part of this continuing jurisdiction the court may review the appropriateness of the
adoptive placement upon good cause shown by the Guardian ad Litem for the child.
Adoption Decision Review Process
When a child is available for adoption, the DCF, through its contractors, receives applications to
adopt the child.
69
Some applicants are denied because their adoption home study is denied based
on criminal history.
70
When there are two or more families with approved home studies, the DCF
sends these conflicting applications through the adoption applicant review committee (AARC)
64
Section 39.811(2), F.S.; See generally Parts VIII and X of ch. 39, F.S.
65
Section 39.01 (5), F.S.
66
Section 39.01(59), F.S., defines “permanency goal” to mean the living arrangement identified for the child to return to or
identified as the permanent living arrangement of the child. The permanency goal is also the case plan goal. If concurrent
case planning is being used, reunification may be pursued at the same time as another permanency goal is pursued. See also
Section 39.621(3), F.S.
67
Section 39.811(9), F.S.
68
Section 39.812(1), F.S.; See generally Parts VIII and X of ch. 39, F.S.
69
Rule 65C-16.004, F.A.C.
70
Rule 65C-16.007, F.A.C BILL: SB 1486 Page 13
for resolution.
71
The decision of the AARC is then reviewed and the DCF issues its consent to
one applicant while communicating its denial to the other applicants through certified letter.
72
Unsuccessful applicants are able to seek review of the DCF action through the administrative
hearing process under Chapter 120, F.S. Designated hearing officers at the DCF hear these
reviews. The assignment of adoption decision disputes to the Chapter 120, F.S., process did not
originate with, nor was it inspired by, legislative directive. This process arose due to the opinion
in Department of Children & Family Services v. I.B. and D.B.
73
Notwithstanding this opinion,
the Legislature’s overall intent in relation to permanency and the resolution of disputes in the
dependency case is to proceed under Ch. 39, F.S. Furthermore, the Ch. 120, F.S., process
precludes the selected applicant from participating, which is statutorily permissible in the
dependency court proceeding.
74
Florida law also permits denied adoption applicants to initiate legal action under Chapter 63,
F.S., by filing a petition for adoption.
75
Upon filing the petition, the petitioner must demonstrate
that the DCF has unreasonably withheld its consent to the adoption.
76
Because Chapter 63, F.S.,
permits anyone who meets the requirements of s. 63.042(2), F.S., to adopt and any petitioner
may argue the DCF’s consent to the adoption should be waived because it was unreasonably
withheld, multiple parties may file a petition to adopt the same child.
77
There can be up to four proceedings simultaneously addressing the permanency or adoption of a
single child using the same child-specific facts:
The Chapter 39, F.S., dependency proceeding;
The Chapter 63, F.S., adoption proceeding filed by the family who has the DCF’s consent;
The Chapter 63, F.S., adoption proceeding filed by the applicant whose application was
denied; and
The Chapter 120, F.S., proceeding to dispute the adoption decision by the DCF.
The chart below includes the number of 120 adoption denial cases the DCF commenced and
concluded each year, of those the number of cases that resulted in a different decision than the
AARC recommendation and the number of DCA appeals and the outcome decisions.
Year
Chapter
120 Cases
AARC Decisions
Overturned
(by 120 Decision)
DCA Appeals
DCA Decisions
Overturning Agency
Decision
2019 58 0 2 0
2020 46 0 4 0
2021 42 1 2 0
71
Rule 65C-16.005(9), F.A.C.
72
Id.
73
See generally 891 So. 2d 1168 (Fla. 1st DCA 2005).
74
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), p. 6, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
75
Section 63.042(2), F.S.
76
Section 63.062(7), F.S.
77
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), pp. 8-10, (on file with the Senate
Committee on Children, Families, and Elder Affairs). BILL: SB 1486 Page 14
Year
Chapter
120 Cases
AARC Decisions
Overturned
(by 120 Decision)
DCA Appeals
DCA Decisions
Overturning Agency
Decision
2022 41 1 1 0
2023 41 1 1 0
This current process delays adoption. Between 2021 and 2022, the average length of time
between the receipt of a chapter 120 hearing request and entry of a final order was 161 days
78
.
This does not include any additional delays caused by appeals to the District Court which adds,
on average, an additional 323 days.
79
Adoption Costs
Private Adoptions
Under Ch. 63, F.S., only adoption entities can complete adoption activities in Florida. Adoption
entities include the DCF, a child-caring agency registered under the Florida Association of
Christian Child Caring Agencies (FACCCA), a Florida licensed-attorney, and a child-placing
agency licensed by the DCF.
80
There are currently 64 private adoption agencies licensed by the
DCF; one private adoption agency registered under FACCCA, and over 100,000 attorneys
licensed by the Florida Bar.
81
Current law allows adoption entities to assess fees, costs, and expenses for private adoptions, or
they pay for the fees and services on behalf of the adoptive parents.
82
Private adoption services
and fees vary, but it is estimated the total amount of fees and services paid by prospective
adoptive parents can range from $30,000 to $60,000.
83
Section 63.097, F.S., allows private
adoption entities may charge prospective adoptive families for:
Reasonable living expenses of the birth mother when the birth mother is unable to pay due to
unemployment, underemployment, or disability.
Reasonable and necessary medical expenses.
Court filing expenses, court costs, and other litigation expenses.
Birth certificate and medical record expenses.
Costs associated with adverting.
Professional fees.
Expenses necessary to comply with the requires of Ch. 63, F.S., including, but not limited to,
service of process, investigator fees, a diligent search, a preliminary home study, and a final
home investigation.
78
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), pp. 3-4, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
79
Id.
80
Section 63.302, F.S.
81
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), p. 13, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
82
Section 63.097, F.S.
83
Child Welfare Information Gateway, Planning for Adoption: Knowing the Costs and Resources, available at:
https://www.childwelfare.gov/resources/planning-adoption-knowing-costs-and-resources/ (last visited Jan. 14, 2024). BILL: SB 1486 Page 15
Adoption entities seeking to charge fees, costs, or expenses for other items than those listed
above require court approval prior to payment and a finding that the costs are based on a finding
of extraordinary circumstances.
84
Additionally, the court must approve the total amount of fees charged to prospective adoptive
parents when an adoption entity charges more than the following:
$5,000 in legal or other fees;
$800 in court costs; or
$5,000 in reasonable and necessary living and medical expenses.
85
In order to lessen the economic burden of private adoptions, adoptive parents may file for a
federal adoption tax credit for qualifying adoption expenses
86
based on the adoptive parent’s
income. The 2023 federal adoption tax credit is approximately $16,000.
87
Adoption from the Child Welfare System
Adoption Assistance
Section 409.166, F.S., creates the adoption assistance program to provide financial assistance to
adoptive parents who adopt a child from the foster care system.
88
Such assistance may include,
but is not limited to, a monthly subsidy, medical assistance, Medicaid assistance, and
reimbursement of nonrecurring expenses associated with the legal adoption.
89
Individuals who adopt a child from the child welfare system are eligible to receive $5,000
annually, paid on a monthly basis, for the support and maintenance of the child until the child’s
18
th
birthday.
90
In the event the child was adopted after the age of 16, s. 409.166(4)(d), F.S.,
allows for the adoptive family to remain eligible for the adoption assistance payment until the
child reaches 21 years of age, if the young adult is participating in specific programs or
activities.
91
84
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), p. 10, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
85
Section 63.097, F.S.
86
Qualifying adoption expenses include adoption fees, attorney fees, court costs, travel expenses (including meals and
lodging while away from the home), and re-adoption expenses relating to adoption of a foreign child.
87
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), p. 10, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
88
Section 409.166, F.S.
89
Id.
90
Section 409.166(4)(c), F.S. The adoptive parents can receive an amount other than $5,000 upon agreement by the DCF and
memorialized in a written agreement between the adoptive parents and the DCF. The agreement must take into consideration
the circumstances of the adoptive parents and the needs of the child being adopted. The amount of subsidy may be adjusted
upon changes in the needs of the child or circumstances of the adoptive parents. In no case shall the amount of the monthly
payment exceed the foster care maintenance payment that would have been paid during the same period if the child had been
in a foster family home.
91
This program is known as the Extended Maintenance Adoption Subsidy (EMAS). The payments may be made to the
adoptive parents until the child reaches 21 if the child is: completing secondary education or a program leading to an
equivalent credential; enrolled in an institution that provides postsecondary or vocational education; participating in a
program or activity designated to promote or eliminate barriers to employment; employed for at least 80 hours per month; or BILL: SB 1486 Page 16
Beginning in 2000, Florida’s Department of Management Services could administer adoption
benefits to any state employee or water management district employee who adopted from the
child welfare system.
92
vertook the administration of the adoption benefits program.
93
In 2010,
the program was repealed, and funding ended.
94
However, in 2015, the Legislature reestablished
the adoption benefit program to provide a one-time benefit to qualifying employees who adopt a
child from the foster care system.
95
The following table includes information on the expansion of persons eligible for the adoption
benefit program over time:
Year Employees Eligible for the Adoption Benefit under s. 409.1664, F.S.
2015
Full-time or part-time employee of a state agency who is paid from regular salary
appropriations rather than a temporary employee. The term includes instructional
personnel who are employed by the Florida School for the Deaf and Blind.
96
2017
Full-time or part-time employees of charter schools or the Florida Virtual School to
the list of eligible employees.
97
2020
Full-time or part-time employee from a state agency, charter school, or Florida
Virtual School that is not an independent contractor.
Other personal services employees who have been continuously employed full-time
or part-time by a state agency for at least 1 year.
Veterans and servicemembers that are domiciled in the state.
98
2022 Law enforcement officers.
99
Qualifying adoptive employees, veterans, or servicemembers who adopt a child from the child
welfare system, who is “difficult to place”
100
, is eligible to receive a one-time monetary benefit
of $10,000 per child, while law enforcement offices is eligible to $25,000 per child.
101
If the
child being adopted is not considered “difficult to place,” a qualifying adoptive employee,
unable to participate in the following programs or activities full time due to a physical, an intellectual, an emotional, or
psychiatric conditions that limits participation.
92
Chapter 2000-241, Laws of Fla.
93
Chapter 2007-119, Laws of Fla.
94
Chapter 2010-158, Laws of Fla.
95
Chapter 2015-130, Laws of Fla.
96
Chapter 2015-130, Laws of Fla.
97
Chapter 2017-140, Laws of Fla.
98
Chapter 2020-22, Laws of Fla.
99
Chapter 2022-23, Laws of Fla.
100
Section 409.166(2), F.S., defines ”difficult to place” as a child whose (1) permanent custody has been awarded to the DCF
or to a licensed child-placing agency; (2) has established significant emotional ties with his or her foster parents or is not
likely to be adopted because he or she meet a specific category (eight years of age; developmentally disabled; physically or
emotionally handicapped; a member of a racial group that is disproportionately represented among children available for
adoption or a member of sibling group of any age provided two or more members of a sibling group remain together for
purposes of adoption); and (3) for whom a reasonable but unsuccessful effort has been made to place the child without
providing a benefit.
101
Section 409.1664, F.S. BILL: SB 1486 Page 17
veteran, or servicemember is eligible to receive $5,000 per child, while a law enforcement
officer is eligible to receive $10,000 per child.
102
The following table identifies the number of adoption subsidies that were requested from the
total number DCF adoptions.
103
SFY DCF Adoptions Adoption Subsidies Requested % with Subsidies
2019-20 4,548 275 6%
2020-21 3,904 263 7%
2021-22 3,888 323 8%
2022-23 3,602 412 11%
Statewide Adoption Services
Various adoption services may be provided at the time a child is permanently committed to
DCF’s custody for subsequent adoption. To facilitate adoption, CBCs, or its subcontractors, are
required to recruit prospective adoptive families; annually assess adoptive parent resource needs;
complete initial and final adoptive home studies; comply with adoption disclosure requirement;
and implement and administer adoption assistance benefits.
104
Additionally, CBCs, or its subcontractors, are required to inform prospective adoptive parents of
the available adoption benefits.
105
In Florida, the average length of time from a child being sheltered to termination of parental
rights is 18 months.
106
The average length of time from termination of parental rights to
finalizing adoption is 12 months.
107
This means the average length of time from shelter to a
finalized adoption is 2.5 years.
108
In June 2023, there were 4,700 children legally free for
adoption of which 3,300 were matched or placed with prospective adoptive parents.
109
To help eliminate barriers to timely adoption and permanency, the DCF and various
stakeholders, including the Guardian ad Litem program, CBCs, case management organizations,
and the judiciary identified the following barriers to finalizing adoptions
110
:
Multiple background screenings of prospective adoptive parents due to expiration;
Adoption application packets were not uniform statewide and could range from 60-70 pages
based on the CBC;
102
Section 409.1664, F.S.
103
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), p. 15, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
104
R. 65C-16.004, F.A.C
105
65C-16.012 F.A.C.
106
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), p. 11, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
107
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), p. 11, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
108
Id.
109
Id.
110
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), p. 11, (on file with the Senate
Committee on Children, Families, and Elder Affairs). BILL: SB 1486 Page 18
Adoption home studies were not completed timely and compiling data for the child specific
information for the home studies caused delays.
Based on these barriers to finalizing adoptions, in July 2023, the DCF launched a pilot in Circuits
6 and 13 to expedite adoptions, which included streamlining adoption procedures, clarifying
requirements, meeting with stakeholders to address barriers, and brining in dedicated case
management staff to focus on finalizing adoptions.
111
Circuits 6 and 13 were selected for the
pilot due to both having the highest statewide pending adoption rates and both recently
experiencing a turnover of its CBC.
112
During the pilot, the DCF identified additional barriers in the adoption process due to
unnecessary adoption practices, including:
CBCs requesting documents from case managers that were not required by administrative
rule or statute.
Lengthy enhanced subsidy approval processes caused delays.
Adoption specialists were assigned only after parental rights were terminated instead of after
the petition for the termination of parental rights was filed.
Since the implementation of the Pilot, the total number of adoptions increased, and the total
number of children in care decreased.
113
The tables below compare the first quarter of the Pilot to
the same quarter during the year prior to the Pilot’s implementation.
114
Circuit 6 – Family Support Services of SunCoast (CBC)
Category SFY 2022-23 (Q1) SFY 2023-24 (Q1) % Change
Total Adoptions 62 100 61%
Average Number of Children in Out-
of-Home Care
2, 532 1,999 -21%
Circuit 13 – Children’s Network of Hillsborough (CBC)
Category SFY 2022-23 (Q1) SFY 2023-24 (Q1) % Change
Total Adoptions 30 71 137%
Average Number of Children in Out-
of-Home Care
2,433 2,143 -12%
Adoption Incentive Program
The Adoption Incentive Program aims to improve the achievement of permanency, stability, and
well-being for children in foster care who cannot be reunified with their families.
115
Through the
111
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), pp. 11-12, (on file with the
Senate Committee on Children, Families, and Elder Affairs).
112
Id.
113
Id.
114
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), p. 11, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
115
Section 409.1662, F.S. BILL: SB 1486 Page 19
Adoption Incentive Program, the DCF can award CBCs, and subcontractors involved in the
adoption process, with an incentive payment when achieving specific and measure adoption
performance standards.
116
Due to budgetary constraints, the DCF has been unable to award incentive payments to any CBC
since State Fiscal Year 2019-20.
117
Adoption of Orphaned Children
Currently, when both parents of a child are deceased with no family member to serve as legal
guardian or custodian through a probate or guardianship proceeding, the DCF can adjudicate a
child dependent. However, there is no legal mechanism to permanently commit a child to the
custody of the DCF for subsequent adoption.
118
In F.L.M. v. Department of Children and Families,
119
the court held that when the parents of a
child have died they have not abandoned the child because the definition of ”abandonment” in
Ch. 39, F.S., contemplates the failure to provide a minor child with support and supervision
while being able, and the parents who died are no longer able. Instead, the courts have held that
an orphaned child without a legal custodian can be adjudicated dependent based on the child
having no parent or legal custodian capable of providing supervision and care pursuant to s.
39.01(14)(e), F.S.
120
As such, the DCF relies upon this maltreatment to adjudicate orphaned
children dependent.
121
Section 39.811(2), F.S., allows a court to commit a child to DCF’s custody for subsequent
adoption if the court finds by clear and convincing evidence that the grounds for termination of
parental rights are established. Section 39.806(1), F.S., outlines various grounds for termination
of parental rights. However, all available grounds require that a parent engage in behavior that
puts a child at risk. This prevents the DCF from seeking termination of a deceased parent’s
parental rights based on available grounds because a deceased parent has not engaged in
behavior that puts a child at risk. Furthermore, even if there were a statutory ground to seek the
termination of a deceased parent’s rights, there are benefits that a child may be receiving, such as
social security benefits or an inheritance, and termination of the deceased parent’s rights would
disrupt those benefits.
122
116
Section 409.1662(3), F.S.
117
The Department of Children and Families, Adoption Incentive Reports 2019-20, 2020-21, 2021-22, 2022-23, available at:
https://www.myflfamilies.com/services/child-family/lmr (last visited Jan. 12, 2024).
118
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), p. 4, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
119
912 So. 2d 1264 (Fla. 4th DCA 2005)
120
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), p. 4, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
121
The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), pp. 4-6, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
122
Id. BILL: SB 1486 Page 20
Currently, courts are permanently committing children to DCF"s custody without meeting the
requirements of s. 39.811(2), F.S., which requires termination of parental rights by clear and
convincing evidence that the grounds for termination of parental rights are established.
123
Florida’s Independent Living Services
The DCF strives to achieve permanency for all children in care before their 18
th
birthday.
124
However, a child will age out of care upon reaching 18 years of age if a permanent placement is
not found.
125
From October 1, 2022, to September 30, 2023, there were 801 young adults who
aged out of Florida’s foster care system.
126
Florida provides independent living services to young adults to help them transition out of foster
care and to prepare them to become self-sufficient adults. Florida’s independent living services
include extended foster care (EFC), which applies to young adults who were in licensed foster
care upon turning 18 years of age.
127
Florida also offers two other independent living programs:
Postsecondary Education Services and Support (PESS) and Aftercare services (Aftercare). The
following tables provides information on the eligibility requirements to participate in Florida’s
independent living programs and the services provided by each.
Program Eligibility Services
Extended
Foster Care
(EFC)
128
Young adults who turned 18 in foster care and are:
Completing high school or its equivalent; or
Enrolled in college or vocational schooling; or
Working at least 80 hours per month.
To stay in EFC, the young adult must:
Meet with a case manager every month.
Continue to participate in a required activity.
Attend court reviews every six months.
Young adults may
choose to remain in
licensed foster care
and receive foster
care services until the
age of 21 (22 with a
disability).
Postsecondary
Education
Services and
Support
(PESS)
129
1. Young adults who turned 18 in foster care and spent at
least 6 months in licensed out-of-home care before
turning 18.
2. Young adults who are at least 18 and were adopted
from foster care after age 16 or were placed with a
court-approved guardian after sending at least 6
months in licensed foster care within the 12 months
$1,720 per month for:
Housing
Utilities
Living expenses
Available until the
age 23.
123
Id.
124
Section 39.01, F.S. Section 39.621, F.S., lists the permanency goals in order of preference as 1. reunification; 2. adoption,
if a petition for termination of parental rights has been or will be filed; 3. permanent guardianship; 4. permanent placement
with a fit and willing relative; or 5. placement in another planned permanent living arrangement.
125
Rule 65C-30.022, F.A.C.
126
Florida Department of Children and Families, Office of Child and Family Well-Being Dashboard, available at:
https://www.myflfamilies.com/ocfw-dashboard (last visited Jan. 12, 2024).
127
Chapter 2013-178, Laws of Florida
128
Section 39.6251, F.S.
129
Section 409.1451(2), F.S. BILL: SB 1486 Page 21
Program Eligibility Services
immediately preceding such adoption or placement;
and
Have earned a high school diploma or equivalent;
and
Are attending a college or vocational school that is
Florida Bright Futures eligible.
Aftercare
130
Young adults who turned 18 while in licensed foster care,
but are not yet 23, and
Are not in EFC; or
Are not in PESS.
Mentoring
Tutoring
Substance abuse
treatment
Counseling
Job and career skills
training
Temporary financial
assistance for
necessities
III. Effect of Proposed Changes:
Background Screenings (Sections 1 and 2)
Section 1 of the bill amends s. 39.01, F.S., to add the definition of “visitor” to Ch. 39, F.S., to
require individuals that fall under the definition to complete a background screening when a
child is being considered for an out-of-home placement. The bill defines “visitor” as a person
who:
Provide care or supervision to children in the home; or
Is 14 years of age or older who will be in the child’s home at least five consecutive days or
any seven or more days in a period of a month.
This change (along with the changes in section 2) will make Florida statutes compliant with
federal requirements and allow the DCF to continue to use the FBI’s federal database to conduct
and complete required background screenings for out-of-home placements. 131
Section 2 of the bill amends s. 39.0138, F.S. to require the DCF to conduct a criminal history
records check on frequent adult visitors to a home being considered for an out-of-home
placement.
The bill also amends the process for conducting and completing a background check by:
Requiring the DCF to complete a name-based check of federal criminal history records if a
child has been sheltered and must be placed in out-of-home care due to an emergency.
Requiring fingerprints of the out-of-home placement applicant and all other adult members of
the applicant’s household to be submitted to the FDLE within seven days after receipt of the
130
Section 409.1451(3), F.S.
131
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results of the name-based check, unless an individual is exempted from fingerprinting
requirements.
Requiring the FDLE to forward the fingerprints to the FBI for review within 15 calendar
days after the FDLE received the fingerprints.
The bill prohibits the DCF from placing a child in an out-of-home placement if the:
applicant or any household members are disqualified as a result of the name-based check; or
fingerprints are not submitted timely to the FBI.
The bill requires the DCF to seek a court order to immediately remove a child from that
placement if an applicant does not submit the required fingerprints to the FDLE within the
timeframe required by the bill.
The bill removes current statutory language allowing the DCF to place a child in a home if the
home meets placement requirements, but the DCF is waiting for the results of the state and
national criminal history records check. This current language is removed due to the bill’s
changes made to the background screening process.
The bill also changes the name of the child welfare systems of record used by the DCF from the
State Automated Child Welfare System (SACWIS) to the Comprehensive Child Welfare
Information System (CWIS).to reflect the transition to new federal guidelines.
These change (along with the changes in section 1) will make Florida statutes compliant with
federal requirements and allow the DCF to continue to use the FBI’s federal database to conduct
and complete required background screenings for out-of-home placements.
Child Abuse Records (Section 3)
Section 3 of the bill amends s. 39.202(2)(o), F.S. to allow access to child abuse records in the
case of a child’s death only after the DCF has closed its investigation and met the requirements
of 39.301(16), F.S., which states that the DCF must close its investigation within 60 days unless:
There is an active, concurrent criminal investigation that is continuing beyond the 60-day
period and closure of the DCF investigation may compromise successful criminal
prosecution.
The final report of a medical examiner is necessary for the DCF to close its investigation and
the report has not been received.
The child necessary to the investigation has been declared missing by the DCF, a law
enforcement agency, or a court.
This change gives the DCF adequate time to fully complete its investigation and ensure sensitive
information is not released inaccurately or prematurely.
Adoption of Orphaned Children (Section 4)
Section 4 of the bill creates s. 39.5035, F.S. to allow a court to permanently commit a child
whose parents are deceased to DCF’s custody. This change allows a child to find permanency
when there’s no legal custodian available to care the child after the death of his or her parents BILL: SB 1486 Page 23
and to allow the child to continue to receive death benefits without terminating the deceased
parent’s parental rights.
The bill allows an attorney for the DCF, or any person with knowledge of the facts, to file a
petition for adjudication and permanent commitment if both parents of a child are deceased and
there has been no appointment of a legal custodian or guardian through probate or a guardianship
proceeding.
If the child has not been adjudicated dependent, the bill requires the filing of the petition
adjudication and permanent commitment within 21 days after the shelter hearing. If the child has
been adjudicated dependent, the bill requires the filing of a petition for permanent commit within
a reasonable time after the petitioner first becomes aware of the facts that support the petitions.
The bill requires the petition for adjudication and permanent commitment to be in writing and
contain the following:
Identification of the deceased parent or parents;
Facts that establish both parents of the child;
Facts that establish that a legal custodian or guardian has not been appointed for the child;
and
Be signed by the petitioner under oath stating the filing of the petition is in good faith.
The bill requires the court to conduct an adjudicatory hearing as soon as practicable, but no later
than 30 days after the filing of a petition. Notice of the date, time, and place of the adjudicatory
hearing and a copy of the petition must be served on:
Any person with physical custody of the child.
A living relative of each parent of the child, unless one cannot be found after a diligent
search or inquiry.
The guardian ad litem for the child or a representative of the guardian ad litem program, if
applicable.
The bill requires adjudicatory hearings to be conducted by a judge without a jury and applying
the rules of evidence in use in civil cases. The bill requires the court to determine by clear and
convincing evidence that both parents of the child are deceased, or that the last known living
parent is deceased, and the other parent cannot be found after diligent search or inquiry, and that
a legal custodian or guardian has not been appointed for the child. The bill allows a certified
copy of a death certificate to be sufficient evidence of proof of a parent’s death.
The bill requires the court to make one of the following determines within 30 days after the
adjudicatory hearing on a petition for the permanent commitment of the child:
If the court finds the petitioner has met the clear and convincing standard: the bill
requires the court to enter a written order adjudicating the child dependent and permanently
committing the child to DCF’s custody for subsequent adoption. The court must schedule a
disposition hearing no later than 30 days after the entry of the order, where the DCF must
provide the court with a case plan for the child. The court must hold hearings every 6 months
to review the progress of the child’s case plan permanency goal, until the child reaches 18
years of age, or the adoption of the child is finalized. BILL: SB 1486 Page 24
If the court finds the petitioner has not met the clear and convincing standard, but that
a preponderance of the evidence establishes that the child does not have a parent of
legal custodian capable of providing supervision of care: the bill requires the court to
enter a written order adjudicating the child dependent. A disposition hearing must be
scheduled no later than 30 days after the entry of the order.
If the court finds the petitioner has not met the clear and convincing standard and that
a preponderance of the evidence does not establish that the child does not have a parent
or legal custodian capable of providing supervision of care: the bill requires the court to
enter a written order dismissing the petition.
Emergency Postdisposition Change of Placement (Section 5)
Section 5 amends s. 39.522, F.S. to create process for emergency modification of a child’s court-
ordered placement. The bill allows a child’s case manager, authorized DCF agent, or law
enforcement officer to remove a child from a placement if the current caregiver requests
immediate removal of the child or if the circumstances meet the criteria of a shelter pursuant to s.
39.401(1)(b), F.S.
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The bill requires that, if at the time of removal, the child was not placed in foster care, the DCF
to file a motion to modify placement within one business day of the child being taken into
custody. Unless all parties and the caregiver agree to the change of placement, the court must set
a hearing within 24 hours after the filing of the motion to modify placement to determine
whether the DCF has established probable cause that reasonable grounds exist for the immediate
removal of the child. The court may base its determination on a sworn petition, testimony, or an
affidavit and may hear all relevant and material evidence, including oral or written reports, to the
extent of its probative value even though it would not be competent evidence at an adjudicatory
hearing.
If the court finds probable cause has not been established to support the removal of the
child: the bill requires the court to order the return of the child to his or her current
placement. This finding by the court does not preclude a subsequent motion.
If the current caregiver admits to a need for a change of placement or probable cause is
established: the bill requires the court to enter an order changing the child’s placement. If
the child is not placed in licensed foster care, the new placement must meet the required
home study criteria of ch.39, F.S.
If the child’s placement is modified based on a probable cause finding: the bill requires
the court to conduct postdisposition hearings under s. 39.522(2) and (3), F.S., unless waived
by all parties.
Permanent Guardianship and Guardianship Assistance Program (Section 6 and 7)
Section 6 amends s. 39.6221, F.S., to allows the court to close a case to permanent guardianship
if the child was placed with a relative or other approved adult for the preceding three months and
that person was named on the child’s guardianship assistance agreement. This change allows
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Pursuant to s. 39.401(1)(b), F.S., there must be probable cause that supports that the child has been (1) abused, neglected,
or abandoned, or is suffering from or is in imminent danger of illness or injury as a result of abuse, neglect, or abandonment;
(2) the parent or legal custodian has materially violated a condition of placement imposed by the court; or (3) that the child
has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision or care. BILL: SB 1486 Page 25
children to achieve permanency with a guardian that has already been vetted through the
background screening requirements of the Guardianship Assistance Agreement, without having
to unnecessarily return to the child welfare system.
Section 7 amends s. 39.6225, F.S. to expand the eligibility of guardianship assistance payments
by reducing the age requirement a child must be for a guardian to receive payments. The bill
allows a guardian who entered into a guardianship assistance agreement when a child was 14 to
receive guardianship assistance payments, rather than when the child was 16 years of age. This
increases the eligible population by 782 individuals, with an expected 235 of those choosing to
participate in the program.
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Judicial Notice in Termination of Parental Rights Cases (Section 8)
Section 8 amends s. 39.801(3), F.S. to mirror language relating to the dependency phase of the
case that allows for personal appearance at a termination advisory hearing, or any subsequent
hearing, to remove the need for personal services.
This language will enable a trial court to conduct an advisory hearing if a parent has personally
appeared regardless of whether the parent was personally served with the petition, eliminating
continuances and delays, and reducing time to permanency for children.
Child Welfare Adoptions and Adoption Decision Review Process (Sections 9 and 11)
Section 9 amends s. 39.812(4), F.S. to change the jurisdiction for reviewing the DCF’s denial of
an application to adopt a child from a ch.120, F.S., administrative hearing to the dependency
court. The DCF’s decision to deny an adoption applicant will now be reviewable only under s.
39.812, F.S., and is not subject to ch. 120, F.S.
The bill requires the DCF to file the denial with the court and provide copies to the parties within
10 business days after the decision. The bill allows the denied applicant to file a motion to
review the denial within 30 days of the issuance of the written notification of denial. The motion
must allege the DCF unreasonably withheld its consent and request that the court allow the
denied applicant to file a petition to adopt the child under ch. 63, F.S., without DCF’s consent.
The denied applicant is given limited standing in the ch.39, F.S., proceeding to file the motion
and to present evidence in support of the motion. Such standing terminates upon the entry of the
court’s order. The bill maintains the standard of review for these cases that is applicable in the
ch. 120, F.S., administrative proceedings.
The bill requires the court to hold a hearing within 30 days after the filing of the motion. The
court may only consider whether the DCF’s review of the application was consistent with the
agency’s policies and made in an expeditious manner using an abuse of discretion review. If the
DCF selected another applicant to adopt the child, the selected applicant may participate in the
hearing and may be granted leave by the court to be heard without filing a motion to intervene.
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The bill requires the court to enter a written order within 15 days after the hearing that either
denies the motion to review or finds the DCF unreasonably withheld its consent. If the court
finds the DCF unreasonably withheld consent, the bill requires the court to authorize the denied
applicant to file a petition to adopt the child without the DCF’s consent.
The bill amends s. 39.812(5), F.S., to allow the DCF to remove a child from a foster home or
court-ordered custodian whose adoption application was denied by the DCF, and the court
denied review of DCF’s denial.
The bill amends s. 39.812(6), F.S., to require the DCF to attach a copy of the consent for
adoption to the petition to adopt.
The bill amends s. 63.062(7), F.S., to require the DCF to consent to the adoption or the petitioner
to attach to his or her petition to adopt the court order finding that the DCF unreasonably
withheld its consent when the court permanently commits a minor to the DCF for adoption. The
petitioner must also file a favorable preliminary adoptive home study as required by s. 63.092,
F.S.
Section 11 amends s. 63.062, F.S. to reflect the changes to the Chapter 120 hearing changes in
Section 9 of the bill. The bill establishes that if parental rights to the minor have been terminated
and the minor has been permanently committed to the DCF for subsequent adoption, the DCF
must provide consent to the adoption, or the petitioner must include the court order finding the
DCF unreasonably withheld consent as well as a favorable preliminary adoptive home study in
the petition to adopt. This change ensures there is only one adoption petition filed for each
child.
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Statewide Adoption Services (Sections 10, 12, 16, and 18)
The bill makes changes throughout Ch. 63 and Ch. 409, F.S., to centralize statewide adoption
services by removing the requirement that CBCs provide adoption services and supports.
The bill delays the effective date of these sections until July 1, 2025.
Section 10 amends the definition of “agency” in s. 63.032(12), F.S., to “licensed child-placing
agency” to have the same meaning as s. 39.01, F.S., which defines “licensed child-placing
agency as a person, society, association, or institution licensed by the DCF to care for, receive, or
board children and to place children in licensed child-caring institution or a foster or adoptive
home. This change in definition to conform to other changes made in the bill.
Section 12 amends s. 63.093, F.S. to require the DCF to contract with one or more licensed
child-placing agencies to provide adoptive services, complete the adoption processes for children
permanently committed to the DCF, and to support adoptive families. The bill allows a
contracted licensed child-placing agency to subcontract for the provision of adoptive services.
The bill requires the contracted licensed child-placing agency, rather than a CBC, to:
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Committee on Children, Families, and Elder Affairs). BILL: SB 1486 Page 27
Respond to an initial inquiry from a prospective adoptive parent within seven business days
after receipt of the inquiry to inform the prospective adoptive parent of the adoption process
and requirements for adopting a child from the child welfare system.
Refer a prospective adoptive parent interested in adopting a child in DCF’s custody to a
DCF-approved adoptive parent training program.
Complete an adoptive home study of a prospective adoptive parent that includes observation,
screening, and evaluation of the child and the prospective adoptive parent. The bill allows the
home study to serve as the adoptive home study if the child was placed in the home prior to
the termination of parental rights.
Complete a preparation process, as established by DCF rule, with the prospective adoptive
parent.
Approve or deny the home study within 14 business days after receipt of the recommendation
of approval of the prospective adoptive parent’s appropriateness to adopt.
The bill requires the DCF to adopt rules that eliminate duplicative practices and delays in the
adoption home study process for active service members seeking to adopt in Florida, including,
but not limited to, giving credit for adoption classes that have been taken in another state that
substantially comply with s. 409.175(14)(b), F.S.
The bill also requires the DCF to annually report to the Governor, the President of the Senate,
and the Speaker of the House of Representatives on the status of adoptions in Florida by
November 15.
Section 16 repeals s. 409.1662, F.S. that requires the DCF to create an adoption incentive
program that awards incentive payments to CBCs for specific adoption performance standards.
Section 18 amends s. 409.988, F.S. to remove the requirement of CBCs to serve children who
were adopted from the child welfare system and families that require postadoption supports.
Adoption Costs and Adoption Benefits (Sections 13, 15, and 17)
Section 13 amends s. 63.097(3), F.S. to reduce the fees, costs, and expenses that private adoption
entities are permitted to charge prospective adoptive parents without court approval. The bill
requires an adoption entity to receive court approval when the fees, costs, and expenses exceed:
$2,500 in legal or other fees, as opposed to $5,000 in current law.
$2,500 in reasonable and necessary living and medical expenses, as opposed to $5,000 in
current law.
The bill prohibits the court from approving fees, excluding reasonable, medically necessary
expenses, if they exceed the total amount of the Federal Adoption Tax Credit for the current tax
year. The current Federal Adoption Tax Credit is $15,950 per child.
135
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Internal Revenue Service, Topic No. 607, Adoption Credit and Adoption Assistance Programs, available at:
https://www.irs.gov/taxtopics/tc607#:~:text=The%20maximum%20adoption%20credit%20allowable%20in%202023%20is,d
ollar%20limit%20for%202023%20less%20%248%2C000%20previously%20claimed%29. (last visited Jan. 14, 2024). BILL: SB 1486 Page 28
Section 15 amends s. 409.166(4), F.S., to expand the eligibility for adoption assistance by
reducing the age requirement a child must be for an adoptive parent to receive payments. The bill
allows an adoptive parent who entered into an initial adoption assistance agreement when a child
was 14 to receive adoption assistance payments, rather than when the child was 16. The DCF
estimates this will increase the eligible population by 550 individuals, with 165 participating in
the program.
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Section 17 amends s. 409.1664, F.S. to make health care practitioners
137
as listed in s. 456.
001(4), F.S., who hold an active status license from the Department of Health (DOH) and whose
individual income does not exceed $150,000 to be eligible to receive adoption benefits when
adopting a child from the child welfare system. The bill increases the amount of the adoption
benefit from $10,000 to $25,000 when the child being adopted is “difficult to place” and from
$5,000 to $10,000 when the child being adopted is not “difficult to place.”
The bill allows a health care practitioner to apply for the adoption benefit if he or she is
domiciled in Florida and adopts a child in the child welfare system on or after July 1, 2024. The
bill requires a health care practitioner to apply to the DOH to obtain the benefit. The bill does not
preclude a health care practitioner from qualifying for or receiving another type of adoption
assistance.
Independent Living Services (Section 14)
Section 14 amends s. 409.1451(2), F.S. to increase the number of young adults eligible to
receive PESS by allowing a young adult who was at least 14 years of age (rather than 16 years of
age) to receive services, provided other eligibility requirements are met. The DCF estimates this
will make an additional 351 young adults eligible to receive PESS services, with an estimated 71
choosing to participate in the program.
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Effective Dates
Section 19 provides an effective date of July 1, 2024, notwithstanding Sections, 10, 12, 16, and
18.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
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The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), p. 8, (on file with the Senate
Committee on Children, Families, and Elder Affairs).
137
Section 456.001(4) defines health care practitioner as any person licensed under chapters 457, 458, 459, 460, 461, 462,
463, 464, 465, 466, 467, part I, part II, part III, part V, part X, part XII, part XIV of chapter 468, 478, 480, part I, part II, and
part III of chapter 483, 484, 486, 490, or 491.
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B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Community-Based Care Lead Agencies
There is an indeterminate, but likely negative, fiscal impact on CBCs with the removal of
the requirements that CBCs provide adoptive and post-adoptive services. The CBCs will
no longer receive funding to provide these services.
Child-Placing Agencies
There is an indeterminate, but likely positive, fiscal impact on child-placing agencies.
The bill requires the DCF to contract with licensed child-placing agencies to provide
adoptive and post-adoptive services. Contract licensed child-placing agencies will be able
to receive funding to provide these services.
Adoption Entities
There is an indeterminate, but likely significant, negative fiscal impact on private
adoption entities due to the bill reducing the type and amount of fees, costs, and expenses
that a private adoption entity can charge to a prospective adoptive parent without court
approval. This will reduce the revenues of private adoption entities.
C. Government Sector Impact:
Expansion of Independent Living Services
The DCF estimates a significant negative fiscal impact due to the expansion of
independent living services in sections 7 and 14 of the bill.
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139
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Service Expanded Increased Fiscal
Extended Post-18 Adoption and
Guardianship Assistance Payments
$3,216,000
Postsecondary Education Services and
Support (PESS)
$1,465,440
Aftercare Services $3,428,700
Total $8,110,140
Expansion of the Adoption Benefits Program
There is an indeterminate, but likely significant, negative fiscal impact due to making
health care practitioners eligible to receive adoption benefits when adopting a child from
the child welfare system. There is also an indeterminate, but likely, negative fiscal impact
due to increasing the monetary amounts that eligible employees can receive.
Court System
There is an indeterminate, but likely insignificant, negative fiscal impact on the court
system due to adoption review hearings being done by the dependency court, rather than
an administrative hearing pursuant to Chapter 120, F.S.
There is an indeterminate positive fiscal impact on the DCF in workload due to the
streamlining the adoption review hearings and reducing the work of DCF attorneys.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends ss. 39.01, 39.0138, 39.202, 39.522, 39.6221, 39.6225, 39.801,
39.812, 63.032, 63.093, 63.097, 409.1451, 409.166, 409.1664, and 409.988, Florida Statutes.
This bill creates s. 39.5035, Florida Statutes.
This bill repeals s. 409.1662, Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None. BILL: SB 1486 Page 31
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.