The Florida Senate

63.052  Guardians designated; proof of commitment.--

(1)  For minors who have been placed for adoption with and permanently committed to an agency, the agency shall be the guardian of the person of the child; for those who have been placed for adoption with and permanently committed to the department, the department shall be the guardian of the person of the child. For minors who have been voluntarily surrendered to an intermediary through an execution of consent to adoption, the intermediary shall be responsible for the child until the time a court orders preliminary approval of placement of the child in the prospective adoptive home, at which time the prospective adoptive parents become guardians pending finalization of adoption.

(2)  For minors who have been placed for adoption with or voluntarily surrendered to an agency, but have not been permanently committed to the agency, the agency shall have the responsibility and authority to provide for the needs and welfare for such minors. For those minors placed for adoption with or voluntarily surrendered to the department, but not permanently committed to the department, the department shall have the responsibility and authority to provide for the needs and welfare for such minors. The department, an intermediary, or a licensed child-placing agency has the authority to authorize all appropriate medical care for the children who have been placed for adoption with or voluntarily surrendered to them. The provisions of s. 627.6578 shall remain in effect notwithstanding the guardianship provisions in this section.

(3)  If a minor is surrendered to an intermediary for subsequent adoption and a suitable prospective adoptive home is not available, the intermediary shall be responsible for the child until a suitable prospective adoptive home is available.

(4)  If a child is voluntarily surrendered to an intermediary for subsequent adoption and the adoption does not become final within 180 days, the intermediary must report to the court on the status of the child and the court may at that time proceed under s. 39.701 or take action reasonably necessary to protect the best interest of the child.

(5)  The recital in the written consent given by the department that the child sought to be adopted has been permanently committed to the department shall be prima facie proof of such commitment. The recital in the written consent given by a licensed child-placing agency or the declaration in an answer or recommendation filed by a licensed child-placing agency that the child has been permanently committed and the child-placing agency is duly licensed by the department shall be prima facie proof of such commitment and of such license.

(6)  Unless otherwise authorized by law, the department is not responsible for expenses incurred by licensed child-placing agencies or intermediaries participating in placement of a child for the purposes of adoption.

History.--s. 5, ch. 73-159; s. 15, ch. 77-147; s. 3, ch. 80-296; s. 5, ch. 92-96; s. 125, ch. 98-403.