HB 0757 2004
1	A bill to be entitled
2	An act relating to adoption; amending s. 39.812, F.S.;
3	restricting the ability of the Department of Children and
4	Family Services to remove a child from the home of a
5	foster parent or court-ordered custodian under certain
6	circumstances; providing an exception to a requirement
7	that a department consent be attached to an adoption
8	petition; amending s. 63.062, F.S.; requiring a waiver of
9	department consent under certain circumstances; providing
10	an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Subsections (4) and (5) of section 39.812,
15	Florida Statutes, are amended to read:
16	39.812 Postdisposition relief; petition for adoption.--
17	(4) The court shall retain jurisdiction over any child
18	placed in the custody of the department until the child is
19	adopted. After custody of a child for subsequent adoption has
20	been given to the department, the court has jurisdiction for the
21	purpose of reviewing the status of the child and the progress
22	being made toward permanent adoptive placement. As part of this
23	continuing jurisdiction, for good cause shown by the guardian ad
24	litem for the child, the court may review the appropriateness of
25	the adoptive placement of the child. When a licensed foster
26	parent or court-ordered custodian has applied to adopt a child
27	who has resided with the foster parent or custodian for at least
28	6 months and who has previously been permanently committed to
29	the legal custody of the department and the department does not
30	grant the application to adopt, the department may not, in the
31	absence of a prior court order authorizing it to do so, remove
32	the child from the foster home or custodian, except when:
33	(a) There is probable cause to believe that the child is
34	at imminent risk of abuse or neglect;
35	(b) Thirty days have expired following written notice to
36	the foster parent or custodian of the denial of the application
37	to adopt, within which period no formal challenge of the
38	department's decision has been filed; or
39	(c) The foster parent or custodian agrees to the child's
40	removal.
41	(5) The petition for adoption must be filed in the
42	division of the circuit court which entered the judgment
43	terminating parental rights, unless a motion for change of venue
44	is granted pursuant to s. 47.122. A copy of the consent executed
45	by the department as required under s. 63.062(7) must be
46	attached to the petition, unless the court determines that such
47	consent is being unreasonably withheld. The petition must be
48	accompanied by a form provided by the department which details
49	the social and medical history of the child and each parent and
50	includes the social security number and date of birth for each
51	parent, if such information is available or readily obtainable.
52	The person seeking to adopt the child may not file a petition
53	for adoption until the judgment terminating parental rights
54	becomes final. An adoption proceeding under this subsection is
55	governed by chapter 63, as limited under s. 63.037.
56	Section 2. Subsection (7) of section 63.062, Florida
57	Statutes, is amended to read:
58	63.062 Persons required to consent to adoption; affidavit
59	of nonpaternity; waiver of venue.--
60	(7) If parental rights to the minor have previously been
61	terminated, the adoption entity with which the minor has been
62	placed for subsequent adoption may provide consent to the
63	adoption. In such case, no other consent is required. The
64	consent of the department shall be waived upon a determination
65	by the court that such consent is being unreasonably withheld.
66	Section 3. This act shall take effect upon becoming a law.