HB 0757CS

CHAMBER ACTION




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


CODING: Words stricken are deletions; words underlined are additions.