Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 172
Barcode 582134
CHAMBER ACTION
Senate House
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11 The Committee on Children and Families (Lynn) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsection (5) of section 39.812, Florida
19 Statutes, is amended to read:
20 39.812 Postdisposition relief; petition for
21 adoption.--
22 (5)(a) The petition for adoption must be filed in the
23 division of the circuit court which entered the judgment
24 terminating parental rights, unless a motion for change of
25 venue is granted pursuant to s. 47.122. A copy of the consent
26 executed by the department as required under s. 63.062(7) must
27 be attached to the petition, unless the court determines that
28 such consent is being unreasonably withheld and provided that
29 the petitioner has filed with the court a favorable
30 preliminary adoptive home study performed by a licensed
31 child-placing agency, a child-caring agency registered under
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 172
Barcode 582134
1 s. 409.176, or a licensed professional or agency described in
2 s. 61.20(2). The petition must be accompanied by a form
3 provided by the department which details the social and
4 medical history of the child and each parent and includes the
5 social security number and date of birth for each parent, if
6 such information is available or readily obtainable. The
7 person seeking to adopt the child may not file a petition for
8 adoption until the judgment terminating parental rights
9 becomes final. An adoption proceeding under this subsection is
10 governed by chapter 63, as limited under s. 63.037.
11 (b) Any person who is otherwise barred from adopting a
12 child under s. 63.042, may adopt a child if the court finds,
13 by clear and convincing evidence, that:
14 1. The child has been in foster care for 2 years or
15 more;
16 2. The child resides with the person proposing to
17 adopt the child;
18 3. The child recognizes the person as the child's
19 parent;
20 4. Granting the child permanency in the home of the
21 person proposing to adopt the child is more important to the
22 child's developmental and psychological needs than maintaining
23 the child in a temporary placement or foster care; and
24 5. The best interests of the child will be served by
25 approving the adoption. In determining the best interests of
26 the child, the court shall consider any recommendation made by
27 the district administrator of the Department of Children and
28 Family Services and the director of the contracted
29 community-based care lead agency in the service area in which
30 the child resides.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 172
Barcode 582134
1 This paragraph shall stand repealed July 1, 2011, unless
2 reviewed and saved from repeal through reenactment by the
3 Legislature.
4 Section 2. This act shall take effect July 1, 2006.
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7 ================ T I T L E A M E N D M E N T ===============
8 And the title is amended as follows:
9 Delete everything before the enacting clause
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11 and insert:
12 A bill to be entitled
13 An act relating to adoption; amending s.
14 39.812, F.S.; providing that a person who is
15 otherwise not eligible to adopt a child under
16 ch. 63, F.S., is eligible to be an adoptive
17 parent if the person meets certain specified
18 criteria; requiring the court to find that the
19 person satisfies the eligibility criteria by
20 clear and convincing evidence; providing for
21 future legislative review and repeal; providing
22 an effective date.
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