| 1 | A bill to be entitled |
| 2 | An act relating to adoption; creating s. 63.0421, F.S.; |
| 3 | providing for adoptive eligibility and preference for |
| 4 | foster parents seeking to adopt a child after caring for |
| 5 | the child for a specified period of time and meeting |
| 6 | certain criteria; creating s. 63.139, F.S.; providing |
| 7 | factors to be considered by a court in determining whether |
| 8 | to grant an adoption petition; providing an effective |
| 9 | date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Section 63.0421, Florida Statutes, is created |
| 14 | to read: |
| 15 | 63.0421 Adoption by foster parents; preference.-- |
| 16 | (1) Notwithstanding s. 63.042, any person or couple who as |
| 17 | a foster parent or parents under chapter 409 has cared for a |
| 18 | child for 36 months or more is eligible to adopt the child. The |
| 19 | person or couple may apply to the adopting entity for placement |
| 20 | of the child for adoption if: |
| 21 | (a) The child is eligible for adoption. |
| 22 | (b) The foster parent or parents have developed a bond |
| 23 | with the child. |
| 24 | (c) The foster parent or parents have an excellent record |
| 25 | foster parenting of the child. |
| 26 | (2) Any foster parent or parents meeting the criteria in |
| 27 | subsection (1) and seeking to adopt the child shall be given |
| 28 | preference and first consideration by the adopting entity and |
| 29 | the courts. |
| 30 | Section 2. Section 63.139, Florida Statutes, is created to |
| 31 | read: |
| 32 | 63.139 Adoption criteria.-- |
| 33 | (1) The best interests of the child shall be paramount in |
| 34 | determining whether an adoption petition concerning the child is |
| 35 | granted. The decision shall be based upon the needs of the |
| 36 | individual child and the ability of the petitioner to meet those |
| 37 | needs. |
| 38 | (2) Factors to be considered in determining whether an |
| 39 | adoption under this chapter is in the best interests of the |
| 40 | child may include, but are not be limited to, the following: |
| 41 | (a) Where relevant, the factors used in determining an |
| 42 | award of child custody under s. 61.13(3). |
| 43 | (b) The petitioner's ability to provide the child with |
| 44 | conditions and opportunities to promote the healthy personality |
| 45 | growth, character development, and education of the child. |
| 46 | (c) The petitioner's ability to assume responsibility for |
| 47 | the safety, care, and support of the child, including: |
| 48 | 1. The petitioner's financial resources. |
| 49 | 2. Whether the petitioner's housing facilities would |
| 50 | provide a stable environment that meets the child's needs. |
| 51 | (d) The petitioner's ability to offer a reasonably happy |
| 52 | and secure family life with love, understanding, guidance, and |
| 53 | companionship. |
| 54 | Section 3. This act shall take effect July 1, 2005. |