Florida Senate Bill S1486 Analysis / Analysis

                    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: CS/SB 1486 
INTRODUCER: Children, Families, and Elder Affairs Committee and Senator Collins 
SUBJECT:  Child Permanency 
DATE: January 24, 2024 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Rao  Tuszynski CF Fav/CS 
2.     AHS   
3.     FP  
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
CS/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. 
 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 and is known to the child. 
 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 
REVISED:   BILL: CS/SB 1486   	Page 2 
 
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.  
 Reduces the fee amounts private adoption entities can charge prospective adoptive parents 
without court approval. 
 Requires private adoption entities to quarterly report to the DCF all private adoptions, 
including certain information, and make the aggregate data available on its website. 
 Expands those who may participate in the adoption benefits program to include certain health 
care practitioners and tax collector employees.  
 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 section 21which has 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 
                                                
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.    BILL: CS/SB 1486   	Page 3 
 
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 
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 
                                                
7
 Part V of ch. 409, F.S.   
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.   BILL: CS/SB 1486   	Page 4 
 
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.  
 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
  
 
                                                
16
 Section 20.19(1)(b), F.S.   
17
 Section 20.19(4)(a), F.S.  
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: CS/SB 1486   	Page 5 
 
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.  
 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.  
                                                
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: CS/SB 1486   	Page 6 
 
Dependency 
Proceeding  
Description of Process  
Controlling 
Statute(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.  
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 
                                                
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  BILL: CS/SB 1486   	Page 7 
 
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 
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 
                                                
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. 
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.  BILL: CS/SB 1486   	Page 8 
 
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: 
 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.  
 
                                                
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).  
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: CS/SB 1486   	Page 9 
 
 
Source: Department of Children and Families, Child Welfare Key Indicators Monthly Report, October 2023, p. 31  
 
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.  
 
                                                
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.    BILL: CS/SB 1486   	Page 10 
 
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 
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 
                                                
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.    
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  BILL: CS/SB 1486   	Page 11 
 
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 
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. 
 
                                                
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.  
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).  BILL: CS/SB 1486   	Page 12 
 
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.;  
 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
 
                                                
59
 Section 39.621 (1), F.S.   
60
 Id.  
61
 Id.  
62
 Section 39.621, F.S.   
63
 Ch. 63, F.S.   
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.  BILL: CS/SB 1486   	Page 13 
 
  
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) 
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 
                                                
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   
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.  BILL: CS/SB 1486   	Page 14 
 
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.
78
 
 
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 
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
79
. 
This does not include any additional delays caused by appeals to the District Court which adds, 
on average, an additional 323 days.
80
 
 
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.
81
 There are currently 64 private adoption agencies licensed by the 
                                                
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). 
78
 Id.  
79
 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). 
80
 Id.  
81
 Section 63.302, F.S.  BILL: CS/SB 1486   	Page 15 
 
DCF; one private adoption agency registered under FACCCA, and over 100,000 attorneys 
licensed by the Florida Bar.
82
 
 
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.
83
 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.
84
 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.  
 
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.
85
   
 
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.
86
 
 
In order to lessen the economic burden of private adoptions, adoptive parents may file for a 
federal adoption tax credit for qualifying adoption expenses
87
 based on the adoptive parent’s 
income. The 2023 federal adoption tax credit is approximately $16,000.
88
  
 
Adoption from the Child Welfare System 
 
                                                
82
 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). 
83
 Section 63.097, F.S.  
84
 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).  
85
  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). 
86
 Section 63.097, F.S.  
87
 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. 
88
 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).  BILL: CS/SB 1486   	Page 16 
 
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.
89
 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.
90
 
 
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.
91
 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.
92
 
 
 
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.
93
The DCF overtook the administration of the adoption benefits program in 
2007.
94
 In 2010, the program was repealed, and funding ended.
95
 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.
96
  
 
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.
97
 
                                                
89
 Section 409.166, F.S.  
90
 Id.   
91
 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. 
92
 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 
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.  
93
 Chapter 2000-241, Laws of Fla. 
94
 Chapter 2010-158, Laws of Fla.  
 
96
 Chapter 2015-130, Laws of Fla.  
97
 Chapter 2015-130, Laws of Fla.   BILL: CS/SB 1486   	Page 17 
 
2017 
Full-time or part-time employees of charter schools or the Florida Virtual School to 
the list of eligible employees.
98
 
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.
99
 
2022 Law enforcement officers.
100
 
 
Qualifying adoptive employees, veterans, or servicemembers who adopt a child from the child 
welfare system, who is “difficult to place”
101
, 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.
102
  If the 
child being adopted is not considered “difficult to place,” a qualifying adoptive employee, 
veteran, or servicemember is eligible to receive $5,000 per child, while a law enforcement 
officer is eligible to receive $10,000 per child.
103
 
 
 
The following table identifies the number of adoption subsidies that were requested from the 
total number DCF adoptions.
104
 
 
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; 
                                                
98
 Chapter 2017-140, Laws of Fla.  
99
 Chapter 2020-22, Laws of Fla.  
100
 Chapter 2022-23, Laws of Fla.  
101
 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. 
102
 Section 409.1664, F.S.   
103
 Section 409.1664, F.S.  
104
 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).  BILL: CS/SB 1486   	Page 18 
 
complete initial and final adoptive home studies; comply with adoption disclosure requirement; 
and implement and administer adoption assistance benefits.
105
 
 
Additionally, CBCs, or its subcontractors, are required to inform prospective adoptive parents of 
the available adoption benefits.
106
 
 
In Florida, the average length of time from a child being sheltered to termination of parental 
rights is 18 months.
107
 The average length of time from termination of parental rights to 
finalizing adoption is 12 months.
108
 This means the average length of time from shelter to a 
finalized adoption is 2.5 years.
109
 In June 2023, there were 4,700 children legally free for 
adoption of which 3,300 were matched or placed with prospective adoptive parents.
110
 
 
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
111
:  
 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;  
 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.
112
 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.
113
  
 
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.  
                                                
105
 R. 65C-16.004, F.A.C   
106
 65C-16.012 F.A.C. 
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
 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). 
109
 Id.  
110
 Id.  
111
 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). 
112
  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). 
113
 Id.   BILL: CS/SB 1486   	Page 19 
 
 
Since the implementation of the Pilot, the total number of adoptions increased, and the total 
number of children in care decreased.
114
 The tables below compare the first quarter of the Pilot to 
the same quarter during the year prior to the Pilot’s implementation.
115
  
 
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% 
 
Statewide Adoption Exchange 
The DCF currently contracts with a third-party vendor to operate the Adoption Exchange 
(exchange) pursuant to s. 409.167, F.S. The purpose of the exchange is to serve all authorized 
licensed child-placing agencies as a means of recruiting adoptive families for children who are 
eligible for adoption and who have been permanently placed with the DCF or a licensed child-
placing agency. The exchange is required by law to post a description of the child along with a 
photograph and any other relevant information.
116
  
 
The law was implemented in 1983, long before the internet was a viable option for the display of 
this information.
117 
 In subsequent updates to the law in 1994, 1997, and 2014, the language has 
not been updated to take into account the unique privacy concerns the internet creates.
118 
The 
exchange currently operates as a website open to the general public with profiles and photos of 
children eligible for adoption open and searchable to the general public.
119
 
 
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.
120
 Through the 
Adoption Incentive Program, the DCF can award CBCs, and subcontractors involved in the 
                                                
114
 Id.  
115
 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). 
116
 Section 409.167(2), F.S. 
117
 Chapter 1983-246, Laws of Fla. 
118
 Chapters 1994-164, 1997-101, and 2014-19, Laws of Fla. 
119
 The DCF, Explore Adoption, available at: http://www.adoptflorida.org/ (last visited 1/16/24). 
120
 Section 409.1662, F.S.    BILL: CS/SB 1486   	Page 20 
 
adoption process, with an incentive payment when achieving specific and measure adoption 
performance standards.
121
 
 
Due to budgetary constraints, the DCF has been unable to award incentive payments to any CBC 
since State Fiscal Year 2019-20.
122
 
 
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.
123
 
 
In F.L.M. v. Department of Children and Families,
124
 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.
125
 As such, the DCF relies upon this maltreatment to adjudicate orphaned 
children dependent.
126
   
 
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.
127
  
 
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.
128
  
                                                
121
 Section 409.1662(3), F.S. 
122
 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).  
123
 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). 
124
 912 So. 2d 1264 (Fla. 4th DCA 2005)   
125
 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). 
126
 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). 
127
 Id.  
128
 Id.   BILL: CS/SB 1486   	Page 21 
 
 
Florida’s Independent Living Services 
The DCF strives to achieve permanency for all children in care before their 18
th
 birthday.
129
 
However, a child will age out of care upon reaching 18 years of age if a permanent placement is 
not found.
130
 From October 1, 2022, to September 30, 2023, there were 801 young adults who 
aged out of Florida’s foster care system.
131
 
 
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.
132
 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)
133 
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)
134 
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 
immediately preceding such adoption or placement; 
and  
 Have earned a high school diploma or equivalent; 
and  
$1,720 per month for: 
 Housing  
 Utilities  
 Living expenses  
Available until the 
age 23. 
                                                
129
 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. 
130
 Rule 65C-30.022, F.A.C.  
131
 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).  
132
 Chapter 2013-178, Laws of Florida  
133
 Section 39.6251, F.S. 
134
 Section 409.1451(2), F.S.  BILL: CS/SB 1486   	Page 22 
 
Program 	Eligibility 	Services 
 Are attending a college or vocational school that is 
Florida Bright Futures eligible.  
Aftercare
135 
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 12  years of age or older, other than a child in care, 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. 
136
 
 
Section 2 of the bill amends s. 39.0138, F.S. to require the DCF to conduct a criminal history 
records check on all  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, such as an emergency 
placement in the home of private individuals including neighbors, friends, or relatives, 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 calendar days after 
receipt of the results of the name-based check, unless an individual is exempted from 
fingerprinting requirements.  
                                                
135
 Section 409.1451(3), F.S. 
136
 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).  BILL: CS/SB 1486   	Page 23 
 
 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 or any other adult household member does not submit the required 
fingerprints to the FDLE within 15 calendar days after the name-based check is conducted, 
provided that such persons are not exempt from a criminal history records check.  
  
 
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.
 
 
 
 
Adoption of Orphaned Children (Section 3) 
Section 3 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 
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 commitment 
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;   BILL: CS/SB 1486   	Page 24 
 
 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 adjudication and 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 bill requires the DCF to make reasonable 
efforts to place the child in a timely manner and finalize the permanent placement of 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.  
 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.  
 
The bill requires the court to make one of the following determinations 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 permanently committing the child to DCF custody 
for the purposes of adoption. The court must schedule a disposition hearing no later than 30  BILL: CS/SB 1486   	Page 25 
 
days after the entry of the order, where the DCF must provide the court with a case plan that 
identifies the permanency goal for the child. The bill requires the DCF to make reasonable 
efforts to place the child and finalize the permanent placement. 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.  
 If the court finds that clear and convincing evidence does not establish 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 a diligent search or inquiry: the bill requires the 
court to enter a written order denying the petition.  
 
Emergency Postdisposition Change of Placement (Sections 4 and 5) 
Section 4 of the bill amends s. 39.521, F.S., to make conforming changes that reflect the shift to 
utilizing the Comprehensive Child Welfare Information System, rather than the State Automated 
Child Welfare Information System when conducting records checks when a child will be 
remaining with an adult approved by the court.  
 
Section 5 of the bill 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.
137
  
 
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.  
                                                
137
 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: CS/SB 1486   	Page 26 
 
 
Permanent Guardianship and Guardianship Assistance Program (Section 6 and 7) 
Section 6 of the bill 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 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 of the bill 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 only 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.
138
 
 
Judicial Notice in Termination of Parental Rights Cases (Section 8) 
Section 8 of the bill 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 12) 
Section 9 of the bill 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. 
 
                                                
138
 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).  BILL: CS/SB 1486   	Page 27 
 
The bill requires the court to hold a hearing within 30 business 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.  
 
The bill requires the court to enter a written order within 15 business 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. 
 
Section 12 of the bill 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.
139
 
 
Statewide Adoption Services (Sections 13, 9, 10, 11, 18, 20, and 21) 
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.  
 
Section 13 of the bill 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, beginning July 1, 
2025. 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:  
 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.  
                                                
139
 The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), pp. 9-10, (on file with the Senate 
Committee on Children, Families, and Elder Affairs).  BILL: CS/SB 1486   	Page 28 
 
 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 9 of the bill amends s. 39.812, F.S. to conform to the more centralized adoption 
structure. 
 
Section 10 of the bill amends the definition of “agency” in s. 63.032(12), F.S., to “ child-placing 
agency”  to mean an agency licensed by the DCF pursuant to s. 63.202 to place minors for 
adoption. This change in definition to conform to other changes made in the bill.  
 
Section 11 of the bill amends s. 63.039, F.S., to require a licensed adoption entity to quarterly 
report to the DCF all private adoptions that were finalized in the preceding quarter. The bill 
requires that the report provide the age, race, ethnicity, sex, county of birth, and county of 
adoptive families for private adoptions, and have this information available as aggregate data on 
the DCF website.  
 
Section 18 of the bill 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 20 of the bill amends s. 409.167, F.S., to require the statewide adoption exchange to be 
in accordance with the rules adopted by the DCF. 
 
The bill changes the requirements of the statewide adoption exchange photo-listing component 
that includes descriptions and photographs of children legally freed for adoption. The bill 
requires the statewide adoption exchange photo-listing component to be inaccessible to the 
public unless the individuals have completed or are in the process of completing an adoption 
home study. The bill permits licensed child-placing agencies to utilize the photo listing 
component of the statewide adoption exchange for the purposes of family-matching, provided 
only individuals who have completed, or are in the process of completing, an adoption home 
study have access.  
  BILL: CS/SB 1486   	Page 29 
 
Section 21 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 services. 
 
This section has an effective date of July 1, 2025 
 
Adoption Costs and Adoption Benefits (Sections 14, 15, 17, and 19)   
Section 14 amends s. 63.097(3), F.S. to include preliminary home studies and final home 
investigations as a preplacement and postplacement social service within the list of fees the DCF 
must approve within the process of licensing an adoption agency. 
 
The bill requires the DCF to adopt rules to implement this change to ensure all fees assessed are 
reasonable and that the total fees assessed do not exceed the federal adoption tax credit, which is 
currently $15,950 per child.
140 
The bill requires the DCF to adopt rules that require agencies to 
report quarterly to the DCF the number of adoptions in which a court enters an order that 
approves fees that exceed the statutory limits.  
 
The bill requires the courts to issue an order that approves or disapproves the fees if the total 
amount of fees exceeds:  
 $5,000 in legal or other professional fees;  
 $800 in court costs; or  
 $5,000 in reasonable and necessary living and medical expenses.  
 
Section 15 amends s. 63.132, F.S., to require a written order by a court containing competent and 
substantial evidence of reasonableness resulting from extraordinary circumstances for fees that 
exceed statutory limits. An affidavit seeking fees, costs, or expenses that exceed statutory limits 
is per se unreasonable and must be denied, absent this written order.  
 
Section 17 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.
141
 
 
Section 19 amends s. 409.1664, F.S. to make health care practitioners
142
 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, and tax collector employees who are an employee 
of an office of county tax collector in the state, to be eligible to receive adoption benefits when 
                                                
140
 Internal Revenue Service, Topic No. 607, Adoption Credit and Adoption Assistance Programs, available at: 
https://www.irs.gov/taxtopics/tc607  (last visited Jan. 14, 2024). 
141
 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). 
142
 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.   BILL: CS/SB 1486   	Page 30 
 
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 or tax collector employee 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, and a tax collector employee to apply through the DCF. The bill does not preclude a 
health care practitioner or tax collector employee from qualifying for or receiving another type of 
adoption assistance.  
 
Independent Living Services (Section 16) 
Section 16 of the bill 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.
143
  
 
The bill also amends eligibility for Aftercare services available to young adults. The bill allows a 
young adult who is eligible or extended guardianship assistance payments or extended adoption 
assistance, but is not participating in either program, to be eligible for Aftercare services if he or 
she meets the other requirements.  
 
Effective Dates 
The bill provides an effective date of July 1, 2024, notwithstanding Section 21, which has an 
effective date of July, 1, 2025. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
                                                
143
 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).  BILL: CS/SB 1486   	Page 31 
 
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.  
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:
144
  
 
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  
                                                
144
 The Department of Children and Families, SB 1486 Agency Bill Analysis (January 2024), pp. 18-19, (on file with the 
Senate Committee on Children, Families, and Elder Affairs).  BILL: CS/SB 1486   	Page 32 
 
There is a significant negative fiscal impact due to making health care practitioners and 
tax collector employees eligible to receive adoption benefits when adopting a child from 
the child welfare system.  
 
There is also a negative fiscal impact due to increasing the monetary amounts that 
eligible employees can receive.  
The DCF estimates the fiscal impact of including health care practitioners and tax 
collector employees and increasing lump sum amounts for eligible employees will be 
$9,822,530, recurring.
145
 
 
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,  39.521, 39.522, 39.6221, 39.6225, 39.801, 
39.812, 63.032, 63.039, 63.062, 63.093, 63.097, 63.132, 409.1451, 409.166, 409.1664, 409.167 
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 Substantial Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
CS by Children, Families, and Elder Affairs on January 23, 2024: 
The CS makes the following changes: 
 Lowers the age of who falls under the definition of “visitor” for the purpose of 
background screening requirements from 14 years of age to 12 years of age. 
 Requires the DCF to conduct a criminal history records check on all visitors in a 
home considered for placement. 
                                                
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 The Department of Children and Families, SB 1486 Agency Bill Analysis, p. 19 (on file with the Senate Committee on 
Children, Families, and Elder Affairs).   BILL: CS/SB 1486   	Page 33 
 
 Requires that the DCF submit fingerprints to the FDLE within 7 “calendar” days after 
receipt of results of a name-based check rather than 7 days. 
 Requires the FDLE to forward fingerprints to the FBI within 15 calendar days after 
conducting the name-based check. 
 Requires the DCF to seek a court order for immediate a removal of a child if 
fingerprints are not provided within 15 calendar days after the FDLE conducted a 
name-back check and such person was not exempted from a criminal history records 
check. 
 Requires the court to enter a written order within 15 “business” days after a hearing 
that considers whether the DCF unreasonably withheld it consent for adoption. 
 Changes the definition of “agency” in Ch. 63, F.S., (adoption statutes) to “child-
placing agency” to mean an agency licensed by the DCF pursuant to s. 63.202 to 
place minors for adoption. 
 Adds tax collector employees as eligible for adoption benefits when adopting a child 
from the child welfare system and requires tax collector employees to apply to the 
DCF to obtain an adoption benefit. 
 Requires the adoption exchange, which provides information on children in DCF’s 
custody available for adoption, to be in accordance with rules adopted by the DCF. 
 Prohibits the photo-listing component of the adoption exchange from being accessible 
by the public and only accessible to persons who have completed or are in the process 
of completing an adoption home study. 
 Requires the photo-listing component of the adoption exchange to facility family-
matching between children and prospective adoptive parents and requires the DCF to 
consult with any child 12 years of age or older during the development of his or her 
description on the statewide adoption exchange, and allows a child 12 years of age or 
older to request a specific photo for his or her adoption exchange photo listing. 
 Removes the requirement that child abuse records in the case of a child’s death be 
available only upon the DCF’s closure of its investigation. 
 Creates a new section of law that requires a licensed adoption entity to report all 
private adoptions to the DCF on a quarterly basis, with specified information. The 
amendment permits DCF to adopt rules to implement this section and requires the 
DCF to make the aggregate information available on its website. 
 Requires the DCF to adopt rules that regulate the fees charged by adoption agencies, 
and requires adoption agencies to report the number of adoptions in which a court 
enters an order that approves fees that exceed current statutory limits. 
 Requires a court order, rather than simple court approval, when fees that adoption 
entities assess exceed the current statutory limits. 
 Requires an affidavit seeking fees above current statutory limits be per se 
unreasonable and denied absent a written finding with competent and substantial 
evidence of reasonableness resulting from extraordinary circumstances. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.