Florida Senate - 2016                                     SB 590
       
       
        
       By Senator Detert
       
       
       
       
       
       28-00623-16                                            2016590__
    1                        A bill to be entitled                      
    2         An act relating to adoption; amending s. 63.082, F.S.;
    3         revising the circumstances under which an adoption
    4         consent is valid, binding, and enforceable; providing
    5         an exception; requiring a court to determine, under
    6         certain circumstances, whether a change of placement
    7         of a child is in the child’s best interests, rather
    8         than whether the change of placement is appropriate;
    9         deleting a determination that a court must consider
   10         under certain circumstances; revising when a court
   11         must advise a parent of specified information;
   12         providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (6) of section 63.082, Florida
   17  Statutes, is amended to read:
   18         63.082 Execution of consent to adoption or affidavit of
   19  nonpaternity; family social and medical history; revocation of
   20  consent.—
   21         (6)(a) If a parent executes a consent for placement of a
   22  minor with an adoption entity or qualified prospective adoptive
   23  parents and the minor child is under the supervision in the
   24  custody of the department, but parental rights have not yet been
   25  terminated, the adoption consent is valid, binding, and
   26  enforceable by the court unless a termination of parental rights
   27  petition has been filed and qualified adoptive parents have been
   28  identified.
   29         (b) Upon execution of the consent of the parent, the
   30  adoption entity shall be permitted to intervene in the
   31  dependency case as a party in interest and must provide the
   32  court that acquired jurisdiction over the minor, pursuant to the
   33  shelter or dependency petition filed by the department, a copy
   34  of the preliminary home study of the prospective adoptive
   35  parents and any other evidence of the suitability of the
   36  placement. The preliminary home study must be maintained with
   37  strictest confidentiality within the dependency court file and
   38  the department’s file. A preliminary home study must be provided
   39  to the court in all cases in which an adoption entity has
   40  intervened pursuant to this section. Unless the court has
   41  concerns regarding the qualifications of the home study
   42  provider, or concerns that the home study may not be adequate to
   43  determine the best interests of the child, the home study
   44  provided by the adoption entity shall be deemed to be sufficient
   45  and no additional home study needs to be performed by the
   46  department.
   47         (c) If an adoption entity files a motion to intervene in
   48  the dependency case in accordance with this chapter, the
   49  dependency court shall promptly grant a hearing to determine
   50  whether the adoption entity has filed the required documents to
   51  be permitted to intervene and whether a change of placement of
   52  the child is in the best interests of the child pursuant to s.
   53  39.522(1) appropriate.
   54         (d) Upon a determination by the court that the prospective
   55  adoptive parents are properly qualified to adopt the minor child
   56  and that the adoption is appears to be in the best interests of
   57  the minor child, the court shall immediately order the transfer
   58  of custody of the minor child to the prospective adoptive
   59  parents, under the supervision of the adoption entity. The
   60  adoption entity shall thereafter provide monthly supervision
   61  reports to the department until finalization of the adoption. If
   62  the child has been determined to be dependent by the court, the
   63  department shall provide information to the prospective adoptive
   64  parents at the time they receive placement of the dependent
   65  child regarding approved parent training classes available
   66  within the community. The department shall file with the court
   67  an acknowledgment of the parent’s receipt of the information
   68  regarding approved parent training classes available within the
   69  community.
   70         (e) In determining whether the best interests of the child
   71  are served by transferring the custody of the minor child to the
   72  prospective adoptive parent selected by the parent, the court
   73  shall consider the rights of the parent to determine an
   74  appropriate placement for the child, the permanency offered, the
   75  child’s bonding with any potential adoptive home that the child
   76  has been residing in, and the importance of maintaining sibling
   77  relationships, if possible.
   78         (e)(f) The adoption entity shall be responsible for keeping
   79  the dependency court informed of the status of the adoption
   80  proceedings at least every 90 days from the date of the order
   81  changing placement of the child until the date of finalization
   82  of the adoption.
   83         (f)(g) At the arraignment hearing held pursuant to s.
   84  39.506 in all dependency proceedings, after it is determined
   85  that reunification is not a viable alternative and prior to the
   86  filing of a petition for termination of parental rights, the
   87  court shall advise the biological parent who is a party to the
   88  case of the right to participate in a private adoption plan.
   89         Section 2. This act shall take effect July 1, 2016.