1 | The Committee on Judiciary recommends the following: |
2 |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to adoption; amending s. 39.812, F.S.; |
7 | restricting the ability of the Department of Children and |
8 | Family Services to remove a child from the home of a |
9 | foster parent or court-ordered custodian under certain |
10 | circumstances; providing an exception to a requirement |
11 | that a department consent be attached to an adoption |
12 | petition; amending s. 63.062, F.S.; requiring a waiver of |
13 | department consent under certain circumstances; providing |
14 | an effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Subsections (4) and (5) of section 39.812, |
19 | Florida Statutes, are amended to read: |
20 | 39.812 Postdisposition relief; petition for adoption.-- |
21 | (4) The court shall retain jurisdiction over any child |
22 | placed in the custody of the department until the child is |
23 | adopted. After custody of a child for subsequent adoption has |
24 | been given to the department, the court has jurisdiction for the |
25 | purpose of reviewing the status of the child and the progress |
26 | being made toward permanent adoptive placement. As part of this |
27 | continuing jurisdiction, for good cause shown by the guardian ad |
28 | litem for the child, the court may review the appropriateness of |
29 | the adoptive placement of the child. When a licensed foster |
30 | parent or court-ordered custodian has applied to adopt a child |
31 | who has resided with the foster parent or custodian for at least |
32 | 6 months and who has previously been permanently committed to |
33 | the legal custody of the department and the department does not |
34 | grant the application to adopt, the department may not, in the |
35 | absence of a prior court order authorizing it to do so, remove |
36 | the child from the foster home or custodian, except when: |
37 | (a) There is probable cause to believe that the child is |
38 | at imminent risk of abuse or neglect; |
39 | (b) Thirty days have expired following written notice to |
40 | the foster parent or custodian of the denial of the application |
41 | to adopt, within which period no formal challenge of the |
42 | department's decision has been filed; or |
43 | (c) The foster parent or custodian agrees to the child's |
44 | removal. |
45 | (5) The petition for adoption must be filed in the |
46 | division of the circuit court which entered the judgment |
47 | terminating parental rights, unless a motion for change of venue |
48 | is granted pursuant to s. 47.122. A copy of the consent executed |
49 | by the department as required under s. 63.062(7) must be |
50 | attached to the petition, unless the court determines that such |
51 | consent is being unreasonably withheld, provided that the |
52 | petitioner has filed with the court a favorable preliminary |
53 | adoptive home study performed by a licensed child-placing |
54 | agency, a child-caring agency registered under s. 409.176, or a |
55 | licensed professional or agency described in s. 61.20(2). The |
56 | petition must be accompanied by a form provided by the |
57 | department which details the social and medical history of the |
58 | child and each parent and includes the social security number |
59 | and date of birth for each parent, if such information is |
60 | available or readily obtainable. The person seeking to adopt the |
61 | child may not file a petition for adoption until the judgment |
62 | terminating parental rights becomes final. An adoption |
63 | proceeding under this subsection is governed by chapter 63, as |
64 | limited under s. 63.037. |
65 | Section 2. Subsection (7) of section 63.062, Florida |
66 | Statutes, is amended to read: |
67 | 63.062 Persons required to consent to adoption; affidavit |
68 | of nonpaternity; waiver of venue.-- |
69 | (7) If parental rights to the minor have previously been |
70 | terminated, the adoption entity with which the minor has been |
71 | placed for subsequent adoption may provide consent to the |
72 | adoption. In such case, no other consent is required. The |
73 | consent of the department shall be waived upon a determination |
74 | by the court that such consent is being unreasonably withheld, |
75 | provided that the petitioner has filed with the court a |
76 | favorable preliminary adoptive home study performed by a |
77 | licensed child-placing agency, a child-caring agency registered |
78 | under s. 409.176, or a licensed professional or agency described |
79 | in s. 61.20(2). |
80 | Section 3. This act shall take effect upon becoming a law. |