CODING: Words stricken are deletions; words underlined are additions.House Bill 1513c1
Florida House of Representatives - 1997 CS/HB 1513
By the Committee on Family Law & Children and
Representative Sanderson
1 A bill to be entitled
2 An act relating to adoption; amending s.
3 39.001, F.S.; providing legislative intent;
4 amending s. 39.01, F.S.; providing a
5 definition; amending s. 39.45, F.S.;
6 prohibiting the delay of an adoption because a
7 sibling is not also placed in the same home;
8 amending s. 39.451, F.S.; providing for
9 adoptive placement by a licensed child-placing
10 agency or an intermediary; amending s. 39.453,
11 F.S.; revising language with respect to
12 judicial review; amending s. 39.456, F.S.;
13 conforming provisions; amending s. 39.464,
14 F.S.; including reference to an intermediary
15 with respect to termination of parental rights;
16 amending s. 39.469, F.S.; providing that
17 licensed child-placing agencies and
18 intermediaries have exclusive authority for
19 adoptive placement of children committed to the
20 Department of Children and Family Services;
21 amending s. 39.47, F.S.; providing procedures;
22 amending ss. 39.471, 39.473, F.S.; conforming
23 provisions; amending s. 409.166, F.S.;
24 redefining the term "special needs child";
25 amending s. 409.167, F.S.; revising language
26 with respect to the statewide adoption
27 exchange; amending s. 63.072, F.S.; relating to
28 persons whose consent to an adoption may be
29 waived; amending s. 63.092, F.S.; revising
30 language with respect to the preliminary home
31 study; providing for certain documentation;
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1 amending s. 63.097, F.S.; providing for
2 reimbursement of certain fees; providing an
3 effective date.
4
5 Be It Enacted by the Legislature of the State of Florida:
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7 Section 1. Paragraphs (b) and (d) of subsection (1) of
8 section 39.001, Florida Statutes, 1996 Supplement, are amended
9 to read:
10 39.001 Purposes and intent; personnel standards and
11 screening.--
12 (1) The purposes of this chapter are:
13 (b) To provide for the care, safety, and protection of
14 children in an environment that fosters healthy social,
15 emotional, intellectual, and physical development; to ensure
16 secure and safe custody; and to promote the health and
17 well-being of all children within under the state and under
18 the jurisdiction of the state's courts state's care.
19 (d)1. To preserve and strengthen the child's family
20 ties whenever possible, removing the child from parental
21 custody only when his or her welfare or the safety and
22 protection of the public cannot be adequately safeguarded
23 without such removal; and, when the child is removed from his
24 or her own family, to secure for the child custody, care, and
25 discipline as nearly as possible equivalent to that which
26 should have been given by the parents; and to assure, in all
27 cases in which a child must be permanently removed from
28 parental custody, that the child be placed in an approved
29 family home, adoptive home, independent living program, or
30 other placement that provides the most stable and permanent
31 living arrangement for the child, as determined by the court.
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1 2. To assure that all children who are the subject of
2 an order terminating parental rights are expeditiously placed
3 into permanent homes and adopted.
4 3. To assure that no child remains in the department's
5 custody longer than absolutely necessary.
6 4. To reduce long-term emotional and psychological
7 damage to children by mandating that a permanent adoptive
8 placement plan be immediately effectuated for each dependent
9 child upon termination of his or her parents' rights.
10 5. To assure that a termination of parental rights
11 will be effectuated no later than 18 months following a child
12 being declared dependent.
13 6. To mandate the department's cooperation with
14 private child-placing agencies and intermediaries in the
15 adoptive placement of all children whose parents' rights have
16 been terminated.
17 7. To assure that all prospective adoptive parents are
18 considered for placement of such children.
19 8. To maximize the likelihood of success in adoptive
20 placements.
21 9. To mandate dependency court approval of all
22 proposed adoptive placements of children under the protective
23 supervision of the department and to grant authority to the
24 court to enter any order necessary to protect and promote the
25 best interests of the child.
26 10. To expand the department's current contracts with
27 private child-placing agencies to include all adoptive
28 placements for children whose parents' rights have been
29 terminated and whose foster parents and relatives are
30 unwilling or unable to adopt.
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1 Section 2. Present subsections (35) through (76) of
2 section 39.01, Florida Statutes, 1996 Supplement, are
3 redesignated as subsections (36) through (77), respectively,
4 and a new subsection (35) is added to said section to read:
5 39.01 Definitions.--When used in this chapter:
6 (35) "Intermediary" means a licensed attorney who is a
7 member of The Florida Bar and authorized by chapter 63 to
8 place a child for adoption.
9 Section 3. Subsection (2) of section 39.45, Florida
10 Statutes, is amended and renumbered as subsection (3) and a
11 new subsection (2) is added to said section to read:
12 39.45 Legislative intent.--
13 (2) It is the intent of the Legislature to:
14 (a) Assure that no child remains in foster care longer
15 than absolutely necessary.
16 (b) Reduce long-term emotional and psychological
17 damage to children by mandating that a permanent adoptive
18 placement plan be expeditiously effectuated for each dependent
19 child upon termination of his or her parents' rights.
20 (c) Assure that all children who are the subject of an
21 order terminating parental rights are expeditiously placed
22 into permanent homes and adopted.
23 (d) To expand the department's current contracts with
24 private child-placing agencies to include all adoptive
25 placements for children whose parents' rights have been
26 terminated and whose foster parents and relatives are
27 unwilling or unable to adopt.
28 (e) Maximize the likelihood of success in adoptive
29 placements.
30 (3)(2) It is the intent of the Legislature that each
31 child be assured the care, guidance, and control in a
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1 permanent home which will serve the best interests of the
2 child's moral, emotional, mental, and physical welfare and
3 that such home preferably be the child's own home or, if that
4 is not possible, an adoptive home. It is the further intent of
5 the Legislature that, if neither of those options is
6 achievable, other options for the child as set out in this
7 section be pursued. When a child must be taken into foster
8 care, it is the intent of the Legislature that the parent or
9 guardian from whose custody the child has been taken assist
10 the department to the fullest extent possible to locate
11 relatives suitable to serve as caretakers for the child. It is
12 the intent of the Legislature that permanent placement with
13 the biological or adoptive family be achieved as soon as
14 possible for every child in foster care and that no child
15 remain in foster care longer than 1 year. It is the further
16 intent of the Legislature that a child be reunited with the
17 child's natural family whenever possible and, when not
18 possible, that the child be permanently placed for adoption
19 or, when neither option is achievable, that the child be
20 prepared for alternative permanency goals or placements to
21 include, but not be limited to, long-term foster care,
22 independent living, custody to a relative on a permanent basis
23 with or without legal guardianship, or custody to a foster
24 parent on a permanent basis with or without legal
25 guardianship. It is the intent of the Legislature, therefore,
26 to help ensure a permanent home for a child in foster care by
27 requiring a case plan or, if the child's natural parents will
28 not or cannot participate in a case plan, a permanent
29 placement plan and a periodic review and report to the court
30 on the child's status. When two or more children in foster
31 care are siblings, every reasonable attempt shall be made to
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1 place them in the same foster home; in the event of permanent
2 placement of the siblings, to place them in the same adoptive
3 home; and, if the siblings are separated, to keep them in
4 contact with each other. The inability to place siblings in
5 the same adoptive home, however, must not delay or preclude
6 the immediate placement of one child in an otherwise
7 appropriate and available home if the court determines such
8 placement to be in the individual child's best interest.
9 Section 4. Subsections (1) and (2) of section 39.451,
10 Florida Statutes, are amended to read:
11 39.451 Case planning for children in foster care.--
12 (1) In presenting the case plan to the court, the
13 purpose of a case plan is to ensure permanency for children
14 through recording the actions to be taken by the parties
15 involved in order to quickly assure the safe return of the
16 child to the parents or, if this is not possible, the
17 termination of parental rights and the placement of the child
18 with the department by or a licensed child-placing agency or
19 an intermediary for the purpose of finding a permanent
20 adoptive home. Permanent adoptive placement should be is the
21 primary permanency goal when parental rights are terminated a
22 child is permanently placed with the department or a licensed
23 child-placing agency. Continuity of the ties and attachments
24 between the child and relatives and the child and the child's
25 foster parents shall be preserved by the following:
26 (a) Relatives, whether or not they are foster parents,
27 may choose to provide a permanent home for the child without
28 the legal step of adoption.
29 (b) Nonrelative foster parents of the child shall have
30 3 months from the time the termination of parental rights
31 petition is granted.
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1 (c) When the child's relatives have stated that they
2 cannot provide a permanent home for the child and foster
3 parents have stated that they are unwilling or unable to
4 adopt, then an intermediary or licensed adoption agency shall
5 pursue an adoptive placement for these children. Later
6 consideration of foster parents or relatives shall not be
7 precluded. If it is not possible to find a permanent adoptive
8 home, the case plan must record the actions taken for
9 preparing the child for alternative permanency goals or
10 placements such as long-term foster care or independent
11 living.
12 (2) The case plan must be limited to as short a period
13 as possible for the accomplishments of its provisions. To
14 balance the need for the child to achieve permanency in a
15 timely manner and the right of the parents to have an
16 opportunity to complete the objectives of the case plan when
17 reunification is the primary goal an alternative permanency
18 goal must also be selected. Unless extended under s.
19 39.453(8), the plan expires no later than 18 months after the
20 date the child was initially removed from the home.
21 Section 5. Paragraph (c) of subsection (1) and
22 paragraph (c) of subsection (6) of section 39.453, Florida
23 Statutes, are amended to read:
24 39.453 Judicial review.--
25 (1)
26 (c) After termination of parental rights, the court
27 shall retain jurisdiction over any child for whom custody is
28 given to a social service agency until the child is adopted.
29 The jurisdiction of the court after termination of parental
30 rights and custody is given to the agency is for the purpose
31 of reviewing the status of the child and the progress being
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1 made toward permanent adoptive placement by the department, an
2 agency, or an intermediary. As part of the continuing
3 jurisdiction, the court shall determine the appropriateness of
4 the adoptive placement of the child. As part of this
5 continuing jurisdiction, for good cause shown by the guardian
6 ad litem for the child, the court may review the
7 appropriateness of the adoptive placement of the child.
8 (6)
9 (c) In a case in which the child has been permanently
10 placed with the social service agency, the agency shall
11 furnish to the court a written report concerning the progress
12 being made to place the child for adoption by the department,
13 an agency, or an intermediary. If, as stated in s. 39.451(1),
14 the child cannot be placed for adoption, a report on the
15 progress made by the child in alternative permanency goals or
16 placements, including, but not limited to, long-term foster
17 care, independent living, custody to a relative or adult
18 nonrelative approved by the court on a permanent basis with or
19 without legal guardianship, or custody to a foster parent on a
20 permanent basis with or without legal guardianship, must be
21 submitted to the court. The report must be submitted to the
22 court at least 48 hours before each scheduled judicial review.
23 Section 6. Section 39.456, Florida Statutes, is
24 amended to read:
25 39.456 Exemptions.--This part does not apply to:
26 (1) Minors who have been placed in adoptive homes by
27 the department or by a licensed child-placing agency or an
28 intermediary;
29 (2) Minors who are refugees or entrants to whom
30 federal regulations apply and who are in the care of a social
31 service agency; or
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1 (3) Minors who are the subjects of termination of
2 parental rights cases pursuant to s. 39.464.
3 Section 7. Paragraph (a) of subsection (1) of section
4 39.464, Florida Statutes, is amended to read:
5 39.464 Grounds for termination of parental rights.--
6 (1) The department, the guardian ad litem, a licensed
7 child-placing agency, or any person who has knowledge of the
8 facts alleged or who is informed of said facts and believes
9 that they are true, may petition for the termination of
10 parental rights under any of the following circumstances:
11 (a) When the parent or parents have voluntarily
12 executed a written surrender of the child and consented to the
13 entry of an order giving custody of the child to the
14 department or to a licensed child-placing agency or
15 intermediary for subsequent adoption and the department, or
16 licensed child-placing agency or intermediary is willing to
17 accept custody of the child.
18 1. The surrender document must be executed before two
19 witnesses and a notary public or other person authorized to
20 take acknowledgments.
21 2. The surrender and consent may be withdrawn after
22 acceptance by the department or licensed child-placing agency
23 only after a finding by the court that the surrender and
24 consent were obtained by fraud or duress.
25 Section 8. Subsection (2) of section 39.469, Florida
26 Statutes, is amended to read:
27 39.469 Powers of disposition; order of disposition.--
28 (2) If the court finds that the grounds for
29 termination of parental rights have been established by clear
30 and convincing evidence, the court shall, by order, place the
31 child in the custody of the department for the purpose of an
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1 adoptive placement by the department, a licensed child-placing
2 agency, or an intermediary adoption or place the child in the
3 custody of a licensed child-placing agency for the purpose of
4 adoption. Through the adoption exchange, as authorized in s.
5 409.167, the department shall make available to all licensed
6 child-placing agencies and intermediaries the name of any
7 child who is legally available for adoption and whose
8 nonrelative foster parents are unwilling or unable to adopt
9 the child. The licensed child-placing agencies and
10 intermediaries have shared responsibility with the department
11 for the adoptive placement of these children.
12 Section 9. Subsections (1) and (2) of section 39.47,
13 Florida Statutes, are amended to read:
14 39.47 Post disposition relief.--
15 (1) In the case of a child under the protective
16 supervision of the department, a licensed child-placing agency
17 or an intermediary with authority to place the department
18 which is given custody of a child for subsequent adoption in
19 accordance with this chapter may place a the child in a family
20 home for prospective subsequent adoption provided that:
21 (a) All the procedures and prerequisites for an
22 adoptive placement under chapter 63 are completed;
23 (b) All documents evidencing compliance with chapter
24 63 are filed with the court;
25 (c) The dependency court shall determine the
26 appropriateness of the prospective adoptive home and determine
27 that the prospective adoptive parents have received full
28 disclosure concerning the history of the child and are willing
29 and able to provide for all current and future recommendations
30 of the mental health providers working with the child; and
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1 (d) The adoption is in the manifest best interest of
2 the child as determined by the court after having considered
3 and evaluated all relevant factors; including, but not limited
4 to:
5 1. The ability and disposition of the prospective
6 adoptive parent or parents to provide the child with food,
7 clothing, medical care or other remedial care recognized and
8 permitted under state law.
9 2. The capacity of the parent or parents to care for
10 the child to the extent that the child's health and well-being
11 will be enhanced upon placement in the prospective adoptive
12 home.
13 3. The present mental and physical health needs of the
14 child and such future needs of the child as can be determined
15 and the capacity of the prospective adoptive parents to meet
16 those needs.
17 4. The child's ability to form a significant
18 relationship with a parental substitute and the likelihood
19 that the child will enter into a more stable and permanent
20 family relationship as a result of permanent adoptive
21 placement with the prospective adoptive parent or parents.
22 5. The length of time that the child has lived in a
23 stable, satisfactory environment with the prospective adoptive
24 parent, if applicable, and the desirability of maintaining
25 continuity.
26 6. The depth of the relationship existing between the
27 child and the prospective adoptive parent or parents, if
28 possible.
29 7. The reasonable preferences and wishes of the child,
30 if the court deems the child to be of sufficient intelligence,
31 understanding, and experience to express a preference.
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1 8. The recommendations of the child's guardian ad
2 litem or legal representative.
3 9. That every reasonable effort has been made, to have
4 siblings adopted together if appropriate, and that such
5 efforts having failed, the likelihood exists that the
6 prospective adoptive parent or parents will allow and promote
7 continuing contact of the child with the child's siblings, if
8 such contact is deemed to be in the child's best interest and
9 may thereafter become a party to any proceeding for the legal
10 adoption of the child and appear in any court where the
11 adoption proceeding is pending and consent to the adoption;
12 and that consent alone shall in all cases be sufficient.
13 (e) Follow-up information services will be provided by
14 the department upon the request of any family who has adopted
15 a foster child.
16 (2) In any subsequent adoption proceeding, the parents
17 and legal guardian shall not be entitled to any notice
18 thereof, nor shall they be entitled to knowledge at any time
19 after the order terminating parental rights is entered of the
20 whereabouts of the child or of the identity or location of any
21 person having the custody of or having adopted the child,
22 except as provided by order of the court pursuant to this
23 chapter or chapter 63; and in any habeas corpus or other
24 proceeding involving the child brought by any parent or legal
25 guardian of the child, no agent of the licensed child-placing
26 agency, intermediary, or department shall be compelled to
27 divulge that information, but may be compelled to produce the
28 child before a court of competent jurisdiction if the child is
29 still subject to the guardianship of the licensed
30 child-placing agency, intermediary, or department.
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1 Section 10. Paragraph (a) of subsection (6) of section
2 39.471, Florida Statutes, 1996 Supplement, is amended to read:
3 39.471 Oaths, records, and confidential information.--
4 (6) No court record of proceedings under this part
5 shall be admissible in evidence in any other civil or criminal
6 proceeding, except that:
7 (a) Orders terminating the rights of a parent and
8 committing the child to a licensed child-placing agency or the
9 department for adoptive placement by a licensed child-placing
10 agency or intermediary for adoption shall be admissible in
11 evidence in subsequent adoption proceedings relating to the
12 child.
13 Section 11. Subsection (3) of section 39.473, Florida
14 Statutes, is amended to read:
15 39.473 Appeal.--
16 (3) The taking of an appeal does not operate as a
17 supersedeas in any case unless the court so orders. However, a
18 termination of parental rights order with placement of the
19 child with a licensed child-placing agency or an intermediary
20 the department for subsequent adoption is suspended while the
21 appeal is pending, but the child shall continue in custody
22 under the order until the appeal is decided.
23 Section 12. Paragraph (a) of subsection (2) of section
24 409.166, Florida Statutes, is amended to read:
25 409.166 Special needs children; subsidized adoption
26 program.--
27 (2) DEFINITIONS.--As used in this section, the term:
28 (a) "Special needs child" means a child whose
29 permanent custody has been awarded to the department, or to a
30 licensed child-placing agency, or an intermediary and
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1 1. Who has established significant emotional ties with
2 his or her foster parents; or
3 2. is not likely to be adopted because he or she is:
4 1.a. Eight years of age or older;
5 2.b. Mentally retarded;
6 3.c. Physically or emotionally handicapped;
7 4.d. Of black or racially mixed parentage; or
8 5.e. A member of a sibling group of any age, provided
9 two or more members of a sibling group remain together for
10 purposes of adoption.
11 Section 13. Subsection (2) of section 409.167, Florida
12 Statutes, is amended to read:
13 409.167 Statewide adoption exchange; establishment;
14 responsibilities; registration requirements; rules.--
15 (2)(a) Each district of the department shall notify
16 the adoption exchange in writing of refer each child in its
17 care who has been legally freed for adoption to the adoption
18 exchange no later than 30 days after the date of the final
19 orders terminating the rights of the child's parents
20 acceptance by the department for permanent placement. The
21 referral must be accompanied by a photograph and description
22 of the child.
23 (a) If the district has identified a placement which
24 will occur within 3 months of the final order to terminate
25 parental rights, the notification sent to the adoption
26 exchange shall so indicate. The adoption exchange shall be
27 notified within 10 working days of such adoption placement.
28 (b) The child's name is to be held in an inactive
29 status on the adoption exchange if one of the following
30 circumstances exists:
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1 1. The child is placed for adoption with the child's
2 foster parents, relatives, or another identified family and
3 such placement will occur within 3 months of the order
4 terminating parental rights. If the child has not been placed
5 for adoption within 3 months after the termination order is
6 issued, the district shall provide an update to the adoption
7 exchange requesting that the child's registration be taken off
8 inactive status.
9 2. There is a significant change in the child's
10 physical, mental, or emotional status so that a move to an
11 adoptive home would adversely affect the child's safety or
12 place the adoption at increased risk for disruption. Such
13 status must be documented in the child's case record, and a
14 copy attached to the adoption exchange registration form. The
15 district must inform the adoption exchange when the child
16 returns to active status.
17 3. Adoption is no longer the plan for the child and
18 the goal change has been approved by the court. The adoption
19 exchange will close its case on children in this status.
20 4. Prior to placing a child in inactive status, the
21 department must document the reasons for the action and must
22 obtain the approval of the dependency court.
23 (b) The department shall establish criteria by which a
24 district may determine that a child need not be registered
25 with the adoption exchange. Within 90 days after the date of
26 acceptance by the department for permanent placement, the name
27 of the child accepted for permanent placement must be
28 forwarded to the statewide adoption exchange by the district
29 together with reference to the specific reason why the child
30 should not be placed on the adoption exchange. If the child
31 has not been placed for adoption within 3 months after the
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1 date of acceptance by the department for permanent placement,
2 the district shall provide the adoption exchange with the
3 necessary photograph and information for registration of the
4 child with the adoption exchange and the child shall be placed
5 on the exchange.
6 (c) The department shall establish procedures for
7 monitoring the status of children who are not placed on the
8 adoption exchange within 30 days after the date of termination
9 of parental rights as well as children with an inactive status
10 on the exchange within 90 days of becoming inactive, and at
11 90-day intervals thereafter until final judgment of adoption
12 acceptance by the department for permanent placement.
13 Section 14. Subsection (4) of section 63.072, Florida
14 Statutes, is amended to read:
15 63.072 Persons whose consent to an adoption may be
16 waived.--The court may excuse the consent of the following
17 individuals to an adoption:
18 (4) The department, a legal guardian, or lawful
19 custodian of the person to be adopted, other than a parent,
20 who has failed to respond in writing to a request for consent
21 for a period of 60 days or who, after examination of his or
22 her written reasons for withholding consent, is found by the
23 court to be withholding his or her consent unreasonably; or
24 Section 15. Paragraph (e) of subsection (2) of section
25 63.092, Florida Statutes, is amended to read:
26 63.092 Report to the court of intended placement by an
27 intermediary; preliminary study.--
28 (2) PRELIMINARY HOME STUDY.--Before placing the minor
29 in the intended adoptive home, a preliminary home study must
30 be performed by a licensed child-placing agency, a licensed
31 professional, or agency described in s. 61.20(2), unless the
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1 petitioner is a stepparent, a spouse of the birth parent, or a
2 relative. The preliminary study shall be completed within 30
3 days after the receipt by the court of the intermediary's
4 report, but in no event may the child be placed in the
5 prospective adoptive home prior to the completion of the
6 preliminary study unless ordered by the court. If the
7 petitioner is a stepparent, a spouse of the birth parent, or a
8 relative, the preliminary home study may be required by the
9 court for good cause shown. The department is required to
10 perform the preliminary home study only if there is no
11 licensed child-placing agency, licensed professional, or
12 agency described in s. 61.20(2), in the county where the
13 prospective adoptive parents reside. The preliminary home
14 study must be made to determine the suitability of the
15 intended adoptive parents and may be completed prior to
16 identification of a prospective adoptive child. A favorable
17 preliminary home study is valid for 1 year after the date of
18 its completion. A child must not be placed in an intended
19 adoptive home before a favorable preliminary home study is
20 completed unless the adoptive home is also a licensed foster
21 home under s. 409.175. The preliminary home study must
22 include, at a minimum:
23 (e) Documentation of counseling and education of the
24 intended adoptive parents on adoptive parenting and, in the
25 case of a child under the supervision of the Department of
26 Children and Family Services, documentation of counseling and
27 education including MAP (Model Approach to Parenting) or
28 equivalent training approved by the department;
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30 If the preliminary home study is favorable, a minor may be
31 placed in the home pending entry of the judgment of adoption.
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1 A minor may not be placed in the home if the preliminary home
2 study is unfavorable. If the preliminary home study is
3 unfavorable, the intermediary or petitioner may, within 20
4 days after receipt of a copy of the written recommendation,
5 petition the court to determine the suitability of the
6 intended adoptive home. A determination as to suitability
7 under this subsection does not act as a presumption of
8 suitability at the final hearing. In determining the
9 suitability of the intended adoptive home, the court must
10 consider the totality of the circumstances in the home.
11 Section 16. Subsection (2) of section 63.097, Florida
12 Statutes, is renumbered as subsection (3), and a new
13 subsection (2) is added to said section to read:
14 63.097 Fees.--
15 (2) REIMBURSEMENT.--When the child being placed for
16 adoption by an intermediary is a foster child place, pursuant
17 to s. 39.451(1), the person seeking to adopt the child shall
18 be responsible for payment of fees in accordance with
19 requirements of paragraph (1). If the foster child is a
20 special needs child, pursuant to s. 409.166, the family may
21 seek reimbursement from the department of up to $1,000 in
22 nonrecurring adoption expenses, which may include attorney's
23 fees.
24 Section 17. This act shall take effect July 1, 1997.
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