Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 774
       
       
       
       
       
       
                                Ì383900|Î383900                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/22/2018           .                                
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       The Committee on Children, Families, and Elder Affairs (Bean)
       recommended the following:
       
    1         Senate Amendment to Amendment (820270) (with title
    2  amendment)
    3  
    4         Delete lines 572 - 573
    5  and insert:
    6         Section 8. Subsection (3) of section 63.092, Florida
    7  Statutes, is amended to read:
    8         63.092 Report to the court of intended placement by an
    9  adoption entity; at-risk placement; preliminary study.—
   10         (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
   11  intended adoptive home, a preliminary home study must be
   12  performed by a licensed child-placing agency, a child-caring
   13  agency registered under s. 409.176, a licensed professional, or
   14  an agency described in s. 61.20(2), unless the adoptee is an
   15  adult or the petitioner is a stepparent or a relative. If the
   16  adoptee is an adult or the petitioner is a stepparent or a
   17  relative, a preliminary home study may be required by the court
   18  for good cause shown. The department is required to perform the
   19  preliminary home study only if there is no licensed child
   20  placing agency, child-caring agency registered under s. 409.176,
   21  licensed professional, or agency described in s. 61.20(2), in
   22  the county where the prospective adoptive parents reside. The
   23  preliminary home study must be made to determine the suitability
   24  of the intended adoptive parents and may be completed prior to
   25  identification of a prospective adoptive minor. A favorable
   26  preliminary home study is valid for 1 year after the date of its
   27  completion. Upon its completion, a signed copy of the home study
   28  must be provided to the intended adoptive parents who were the
   29  subject of the home study. A minor may not be placed in an
   30  intended adoptive home before a favorable preliminary home study
   31  is completed unless the adoptive home is also a licensed foster
   32  home under s. 409.175. The preliminary home study must include,
   33  at a minimum:
   34         (a) An interview with the intended adoptive parents;
   35         (b) Records checks of the department’s central abuse
   36  registry, which the department shall provide to the entity
   37  conducting the preliminary home study, and criminal records
   38  correspondence checks under s. 39.0138 through the Department of
   39  Law Enforcement on the intended adoptive parents;
   40         (c) An assessment of the physical environment of the home;
   41         (d) A determination of the financial security of the
   42  intended adoptive parents;
   43         (e) Documentation of counseling and education of the
   44  intended adoptive parents on adoptive parenting as determined by
   45  the entity conducting the preliminary home study. The department
   46  shall not require training as specified in s. 409.175(14)for
   47  cases involving children placed for adoption that are not in the
   48  custody or control of the department;
   49         (f) Documentation that information on adoption and the
   50  adoption process has been provided to the intended adoptive
   51  parents;
   52         (g) Documentation that information on support services
   53  available in the community has been provided to the intended
   54  adoptive parents; and
   55         (h) A copy of each signed acknowledgment of receipt of
   56  disclosure required by s. 63.085.
   57         If the preliminary home study is favorable, a minor may be
   58  placed in the home pending entry of the judgment of adoption. A
   59  minor may not be placed in the home if the preliminary home
   60  study is unfavorable. If the preliminary home study is
   61  unfavorable, the adoption entity may, within 20 days after
   62  receipt of a copy of the written recommendation, petition the
   63  court to determine the suitability of the intended adoptive
   64  home. A determination as to suitability under this subsection
   65  does not act as a presumption of suitability at the final
   66  hearing. In determining the suitability of the intended adoptive
   67  home, the court must consider the totality of the circumstances
   68  in the home. A minor may not be placed in a home in which there
   69  resides any person determined by the court to be a sexual
   70  predator as defined in s. 775.21 or to have been convicted of an
   71  offense listed in s. 63.089(4)(b)2.
   72  
   73  
   74  ================= T I T L E  A M E N D M E N T ================
   75  And the title is amended as follows:
   76         Delete line 609
   77  and insert:
   78         conforming cross-references; amending s. 63.092, F.S.;
   79         requiring the Department of Children and Families to
   80         release specified records to entities conducting
   81         preliminary home studies; providing the department of
   82         Children and Families shall not require specified
   83         training for certain home studies; providing an
   84         effective.
   85