Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 172
                        Barcode 582134
                            CHAMBER ACTION
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       02/15/2006 09:32 AM         .                    
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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
16  
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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    11:38 AM   02/13/06                            s0172d-cf07-tf9

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. 31 2 11:38 AM 02/13/06 s0172d-cf07-tf9
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. 5 6 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 10 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. 23 24 25 26 27 28 29 30 31 3 11:38 AM 02/13/06 s0172d-cf07-tf9