Senate Bill sb2030
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Florida Senate - 2007 SB 2030
By Senator Rich
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1 A bill to be entitled
2 An act relating to adoption; amending s.
3 39.812, F.S.; requiring the Department of
4 Children and Family Services to verify that
5 adoptive parents have received all information
6 required to be disclosed; amending s. 49.011,
7 F.S.; providing for service of process by
8 publication for termination of parental rights
9 under ch. 63, F.S.; amending s. 63.022, F.S.;
10 revising legislative intent concerning
11 cooperation between the department and private
12 adoption entities; amending s. 63.032, F.S.;
13 redefining terms and defining the term
14 "primarily lives and works in Florida";
15 amending s. 63.039, F.S.; requiring an adoption
16 entity to provide adoption disclosure
17 statements to persons whose consent is required
18 for adoption; amending s. 63.0423, F.S.;
19 providing that a judgment of adoption is
20 voidable under certain circumstances involving
21 provision of false information; amending s.
22 63.0425, F.S.; providing a grandparent's right
23 to notice; amending s. 63.052, F.S.; revising
24 conditions for placement of a minor with an
25 adoption entity; providing that a court in this
26 state retains jurisdiction until the adoption
27 is finalized within or outside this state;
28 amending s. 63.053, F.S.; providing that if an
29 unmarried biological father fails to take the
30 actions that are available to him to establish
31 a relationship with his child, his parental
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1 interest may be lost entirely; amending s.
2 63.054, F.S.; providing that an unmarried
3 biological father who fails to register
4 paternity prior to the filing of a petition for
5 termination of parental rights may not file a
6 paternity claim under ch. 742, F.S.; providing
7 that if an unmarried biological father fails to
8 report a change of address to the Florida
9 Putative Father Registry, the failure is not a
10 valid defense based upon lack of notice and the
11 adoption entity or adoption petitioner is not
12 obligated to search further for the registrant;
13 requiring a petitioner in a proceeding in which
14 parental rights are terminated simultaneously
15 with entry of final judgment of adoption to
16 provide certain notice to the Office of Vital
17 Statistics of the Department of Health;
18 providing procedures for a search of the
19 Florida Putative Father Registry when
20 termination of parental rights and an adoption
21 proceeding are adjudicated separately; amending
22 s. 63.062, F.S.; revising provisions relating
23 to service of notice to the father of a minor
24 under certain circumstances; revising
25 requirements for an unmarried biological father
26 to be determined to have a substantial
27 relationship with the child; providing that an
28 adoption agency may file a notice of an
29 intended adoption plan at any time before the
30 birth of the child or before placing the child
31 in the adoptive home; providing for the proper
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1 venue to file a petition to terminate parental
2 rights; amending s. 63.063, F.S.; revising
3 provisions relating to responsibilities of each
4 party pertaining to fraudulent actions;
5 amending s. 63.082, F.S.; providing that notice
6 and consent provisions do not apply in cases in
7 which the child was conceived as a result of a
8 violation of certain criminal statutes;
9 revising consent requirements applicable to
10 men; limiting period for revocation of a
11 consent to adopt to 3 business days if the
12 child is older than 6 months of age;
13 authorizing a court to transfer a child to the
14 prospective adoptive parents under certain
15 circumstances; requiring the adoption entity to
16 file a petition for adoption or termination of
17 parental rights after the transfer of the
18 child; revising requirements for withdrawing a
19 consent for adoption; amending s. 63.085, F.S.;
20 revising requirements for required disclosures
21 by an adoption entity; requiring that
22 background information on the child be revealed
23 to prospective adoptive parents; amending s.
24 63.087, F.S.; revising procedures to terminate
25 parental rights pending an adoption; providing
26 the proper venue in which to file a petition to
27 terminate parental rights; requiring a person
28 to answer the petition and to appear at the
29 hearing for termination of parental rights;
30 providing applicability; providing that failure
31 to appear at certain hearings constitutes
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1 grounds for termination of parental rights;
2 removing provision relating to procedure for
3 notifying a petitioner of a final hearing;
4 amending s. 63.088, F.S.; requiring the court
5 to conduct an inquiry concerning the father of
6 the child who is to be adopted; revising
7 requirements for notice concerning the
8 termination of parental rights; requiring
9 persons contacted by a petitioner or adoption
10 entity to release certain information; amending
11 s. 63.089, F.S.; revising provisions relating
12 to service of notice and petition regarding
13 termination of parental rights and consent to
14 adoption; revising conditions under which the
15 court may enter a judgment terminating parental
16 rights; revising conditions for making a
17 finding of abandonment; prohibiting a person
18 who failed to establish parental rights from
19 challenging a judgment terminating parental
20 rights under certain circumstances; amending s.
21 63.092, F.S.; revising conditions of and
22 timeframe for an adoption entity to report
23 intent to place a minor for adoption to the
24 court; revising requirements regarding who must
25 perform a preliminary home study; amending s.
26 63.097, F.S.; providing that certain additional
27 fees, costs, and expenses do not require court
28 approval prior to payment; amending s. 63.102,
29 F.S.; revising procedures for the filing of a
30 petition for adoption; providing the proper
31 venue where the petition may be filed; amending
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1 s. 63.112, F.S.; revising language requiring
2 that certain documents be filed at the same
3 time the petition for adoption is filed;
4 amending s. 63.122, F.S.; providing that
5 certain information may be removed from the
6 petition under certain circumstances; deleting
7 a provision authorizing the court to order
8 certain investigations in cases of adult
9 adoption; amending s. 63.125, F.S.; providing
10 that certain licensed professionals may conduct
11 the final home investigation; amending s.
12 63.132, F.S.; providing exceptions to the
13 requirement that the adoptive parent and the
14 adoption entity file an affidavit itemizing all
15 expenses and receipts; amending s. 63.135,
16 F.S.; requiring the adoption entity or
17 petitioner to file an affidavit under the
18 Uniform Child Custody Jurisdiction and
19 Enforcement Act in a termination of parental
20 rights proceeding; deleting information
21 required to be submitted under oath to the
22 court; amending s. 63.142, F.S.; requiring that
23 if an adoption petition is dismissed, any
24 further proceedings regarding the minor be
25 brought in a separate custody action under ch.
26 61, F.S., a dependency action under ch. 39,
27 F.S., or a paternity action under ch. 742,
28 F.S.; revising conditions under which a
29 judgment terminating parental rights is
30 voidable; amending s. 63.152, F.S.; requiring
31 the clerk of court to transmit a certified
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1 statement of the adoption to the state where
2 the child was born; amending s. 63.162, F.S.;
3 revising requirements concerning the disclosure
4 of information pertaining to an adoption;
5 amending s. 63.192, F.S.; requiring the courts
6 of this state to recognize decrees of
7 termination of parental rights and adoptions
8 from other states and countries; amending s.
9 63.207, F.S.; permitting prospective adoptive
10 parents to finalize the adoption in their home
11 state; amending s. 63.212, F.S.; revising acts
12 that are unlawful pertaining to adoptions;
13 providing penalties; amending s. 63.213, F.S.;
14 prohibiting an attorney from representing the
15 volunteer mother and the intended father and
16 mother in a preplanned adoption arrangement;
17 revising the definition of "fertility
18 technique"; creating s. 63.236, F.S.; providing
19 that any petition for termination of parental
20 rights filed before the effective date of the
21 act is governed by the law in effect at the
22 time the petition was filed; amending s.
23 409.166, F.S.; redefining the term "special
24 needs child"; providing for participation by
25 adoption intermediaries in the adoption program
26 for special needs children administered by the
27 Department of Children and Family Services;
28 providing for waiver of adoption fees for
29 intermediary-placed adoptions; amending s.
30 409.176, F.S.; providing that licensing
31 provisions do not apply to organizations whose
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1 standards are similar to those of licensed
2 child-placing agencies; providing
3 responsibilities of a qualified association
4 meeting standards of a statewide child care
5 organization; amending s. 742.021, F.S.;
6 requiring the clerk of court to issue certain
7 notice in cases of complaints concerning
8 determination of paternity; amending s. 742.10,
9 F.S.; providing applicability of chs. 39 and
10 63, F.S., to jurisdiction and procedures for
11 determination of paternity for children born
12 out of wedlock; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Subsection (5) of section 39.812, Florida
17 Statutes, is amended to read:
18 39.812 Postdisposition relief; petition for
19 adoption.--
20 (5) The petition for adoption must be filed in the
21 division of the circuit court which entered the judgment
22 terminating parental rights, unless a motion for change of
23 venue is granted pursuant to s. 47.122. A copy of the consent
24 executed by the department as required under s. 63.062(7) must
25 be attached to the petition, unless the court determines that
26 such consent is being unreasonably withheld and provided that
27 the petitioner has filed with the court a favorable
28 preliminary adoptive home study as required under s. 63.092
29 performed by a licensed child-placing agency, a child-caring
30 agency registered under s. 409.176, or a licensed professional
31 or agency described in s. 61.20(2). The petition must be
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1 accompanied by a statement signed by the adoptive parents
2 acknowledging receipt of all information required to be
3 disclosed under s. 63.085 and a form provided by the
4 department which details the social and medical history of the
5 child and each parent and includes the social security number
6 and date of birth for each parent, if such information is
7 available or readily obtainable. The person seeking to adopt
8 the child may not file a petition for adoption until the
9 judgment terminating parental rights becomes final. An
10 adoption proceeding under this subsection is governed by
11 chapter 63, as limited under s. 63.037.
12 Section 2. Subsection (13) of section 49.011, Florida
13 Statutes, is amended to read:
14 49.011 Service of process by publication; cases in
15 which allowed.--Service of process by publication may be made
16 in any court on any person mentioned in s. 49.021 in any
17 action or proceeding:
18 (13) For termination of parental rights pursuant to
19 part IX of chapter 39 or chapter 63.
20 Section 3. Subsection (5) of section 63.022, Florida
21 Statutes, is amended to read:
22 63.022 Legislative intent.--
23 (5) It is the intent of the Legislature to provide for
24 cooperation between private adoption entities and the
25 Department of Children and Family Services in matters relating
26 to permanent placement options for children in the care of the
27 department whose birth parent wishes parents wish to
28 participate in a private adoption plan with a qualified
29 family.
30 Section 4. Section 63.032, Florida Statutes, is
31 amended to read:
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1 63.032 Definitions.--As used in this chapter, the
2 term:
3 (1) "Abandoned" means a situation in which the parent
4 or person having legal custody of a child, while being able,
5 makes no provision for the child's support and makes little or
6 no effort to communicate with the child, which situation is
7 sufficient to evince an intent to reject parental
8 responsibilities. If, in the opinion of the court, the efforts
9 of such parent or person having legal custody of the child to
10 support and communicate with the child are only marginal
11 efforts that do not evince a settled purpose to assume all
12 parental duties, the court may declare the child to be
13 abandoned. In making this decision, the court may consider the
14 conduct of a father towards the child's mother during her
15 pregnancy.
16 (2) "Adoption" means the act of creating the legal
17 relationship between parent and child where it did not exist,
18 thereby declaring the child to be legally the child of the
19 adoptive parents and their heir at law and entitled to all the
20 rights and privileges and subject to all the obligations of a
21 child born to such adoptive parents in lawful wedlock.
22 (3) "Adoption entity" means the department, an agency,
23 a child-caring agency registered under s. 409.176, an
24 intermediary, an attorney licensed in another state who is
25 placing a child from another state into this state, or a
26 child-placing agency licensed in another state which is
27 placing a child from another state into this state and is
28 qualified by the department to place children in this state
29 the State of Florida.
30 (4)(20) "Adoption plan" means an arrangement
31 arrangements made by a birth parent or other individual having
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1 a legal right to custody of a minor child, born or to be born,
2 with an adoption entity in furtherance of placing the
3 placement of the minor for adoption.
4 (5)(4) "Adult" means a person who is not a minor.
5 (6)(5) "Agency" means any child-placing agency
6 licensed by the department pursuant to s. 63.202 to place
7 minors for adoption.
8 (7)(6) "Child" means a minor son or daughter, whether
9 by birth or adoption.
10 (8)(7) "Court" means any circuit court of this state
11 and, when the context requires, the court of any state that is
12 empowered to grant petitions for adoption.
13 (9)(8) "Department" means the Department of Children
14 and Family Services.
15 (10)(9) "Intermediary" means an attorney who is
16 licensed or authorized to practice in this state and who is
17 placing or intends to place a child for adoption, including
18 placing children born in another state with citizens of this
19 state or country or placing children born in this state with
20 citizens of another state or country.
21 (11)(10) "Legal custody" means a legal status created
22 by court order or letter of guardianship that vests in a
23 custodian or guardian of the child, whether an agency or an
24 individual, the right to have physical custody of the child
25 and the right and duty to protect, train, and discipline the
26 child and to provide him or her with food, shelter, education,
27 and ordinary medical, dental, psychiatric, and psychological
28 care. The term "legal custodian" means the person or entity in
29 whom the legal right to custody is vested has the meaning
30 ascribed in s. 39.01.
31 (11) "Minor" means a person under the age of 18 years.
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1 (12) "Parent" means a woman who gives birth to a child
2 or a man whose consent to the adoption of the child would be
3 required under s. 63.062(1). If a child has been legally
4 adopted, the term "parent" means the adoptive mother or father
5 of the child. The term does not include an individual whose
6 parental relationship to the child has been legally terminated
7 or an alleged or prospective parent has the same meaning
8 ascribed in s. 39.01.
9 (13) "Person" includes a natural person, corporation,
10 government or governmental subdivision or agency, business
11 trust, estate, trust, partnership, or association, and any
12 other legal entity.
13 (13)(15) "Placement" or "to place" means the process
14 of a parent or legal guardian surrendering a child for
15 adoption and the prospective adoptive parents receiving and
16 adopting the child, and includes all actions by any person or
17 adoption entity participating in the process.
18 (14) "Primarily lives and works in Florida" means that
19 a person lives and works in this state at least 6 months and 1
20 day of the year, is a member of military personnel who
21 designates Florida as his or her place of residence in
22 accordance with the Servicemembers Civil Relief Act, Pub. L.
23 No. 108-189, or is a citizen of the United States living in a
24 foreign country who designates Florida as his or her place of
25 residence.
26 (16) "Placement" means the process of a parent or
27 legal guardian surrendering a child for adoption and the
28 prospective adoptive parents receiving and adopting the child
29 and all actions by any adoption entity participating in
30 placing the child.
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1 (15)(17) "Primarily lives and works outside Florida"
2 means that a person who lives and works outside this state at
3 least 6 months and 1 day of the year, is a member of military
4 personnel who designates a state other than designate Florida
5 as his or her their place of residence in accordance with the
6 Servicemembers Civil Relief Act, Pub. L. No. 108-189 Soldiers'
7 and Sailors' Civil Relief Act of 1940, or is a citizen
8 employees of the United States Department of State living in a
9 foreign country who designates designate a state other than
10 Florida as his or her their place of residence.
11 (16)(14) "Relative" means a person related by blood
12 within the third degree of consanguinity, by adoption, or by
13 marriage to the person being adopted within the third degree
14 of consanguinity.
15 (17)(18) "Suitability of the intended placement"
16 includes the fitness of the intended placement, with primary
17 consideration being given to the best interest of the child.
18 (18)(19) "Unmarried biological father" means the
19 child's biological father who is not married to the child's
20 mother at the time of conception or birth of the child and
21 who, prior to the filing of the petition to terminate parental
22 rights, has not been declared by a court of competent
23 jurisdiction to be the legal father of the child or has not
24 executed an affidavit pursuant to s. 382.013(2)(c).
25 Section 5. Paragraph (i) of subsection (1) of section
26 63.039, Florida Statutes, is amended, and paragraph (j) is
27 added to that subsection, to read:
28 63.039 Duty of adoption entity to prospective adoptive
29 parents; sanctions.--
30 (1) An adoption entity placing a minor for adoption
31 has an affirmative duty to follow the requirements of this
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1 chapter and specifically the following provisions, which
2 protect and promote the well-being of persons being adopted
3 and their parents and prospective adoptive parents by
4 promoting certainty, finality, and permanency for such
5 persons. The adoption entity must:
6 (i) Obtain the written waiver of venue required under
7 s. 63.062, if applicable in cases in which venue for the
8 termination of parental rights will be located in a county
9 other than the county where a parent whose rights are to be
10 terminated resides.
11 (j) Provide an adoption disclosure statement, as
12 required under s. 63.085(1), to all persons whose consent is
13 required under s. 63.062(1) and any unmarried biological
14 father identified by the biological mother as a biological
15 father of the child, when their identities and locations are
16 known.
17 Section 6. Subsection (9) of section 63.0423, Florida
18 Statutes, is amended to read:
19 63.0423 Procedures with respect to abandoned
20 infants.--
21 (9)(a) A judgment terminating parental rights pending
22 the adoption of a minor who was abandoned as described in this
23 section is voidable, and any later judgment of adoption of
24 that minor is voidable, if, upon the motion of a birth parent
25 whose consent is required for adoption, the court finds that a
26 person knowingly gave false information that prevented the
27 birth parent from timely making known his or her desire to
28 assume parental responsibilities toward the minor or from
29 exercising his or her parental rights. A motion under this
30 subsection must be filed with the court originally entering
31 the judgment. The motion must be filed within a reasonable
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1 time, but not later than 1 year after the entry of the
2 judgment terminating parental rights.
3 (b) No later than 30 days after the filing of a motion
4 under this subsection, the court shall conduct a preliminary
5 hearing to determine what contact, if any, will be permitted
6 between a birth parent and the child pending resolution of the
7 motion. The Such contact may be allowed only if it is
8 requested by a parent who has appeared at the hearing and the
9 court determines that it is in the best interest of the child.
10 If the court orders contact between a birth parent and child,
11 the order must be issued in writing as expeditiously as
12 possible and must state with specificity the terms any
13 provisions regarding contact with persons other than those
14 with whom the child resides.
15 (c) At the preliminary hearing, the court, upon the
16 motion of any party or upon its own motion, may order
17 scientific testing to determine the paternity or maternity of
18 the minor if the person seeking to set aside the judgment is
19 alleging to be the child's birth parent but has not previously
20 been determined by legal proceedings or scientific testing to
21 be the birth parent. Upon the filing of test results
22 establishing that person's maternity or paternity of the
23 abandoned infant, the court may order visitation as it deems
24 appropriate and in the best interest of the child.
25 (d) Within 45 days after the preliminary hearing, the
26 court shall conduct a final hearing on the motion to set aside
27 the judgment and shall enter its written order as
28 expeditiously as possible thereafter.
29 Section 7. Section 63.0425, Florida Statutes, is
30 amended to read:
31 63.0425 Grandparent's right to notice adopt.--
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1 (1) When a child has lived with a grandparent for at
2 least 6 months within the 24-month period immediately
3 preceding the filing of a petition for termination of parental
4 rights pending adoption, the adoption entity shall provide
5 notice to that grandparent of the hearing on the petition for
6 termination of parental rights pending adoption.
7 (2) This section shall not apply if the placement for
8 adoption is the a result of the death of the child's parent
9 and a different preference is stated in the parent's will.
10 (3) This section shall not apply in stepparent
11 adoptions.
12 (4) Nothing in this section shall contravene the
13 provisions of s. 63.142(4).
14 Section 8. Subsections (1) and (7) of section 63.052,
15 Florida Statutes, are amended to read:
16 63.052 Guardians designated; proof of commitment.--
17 (1) For minors who have been placed for adoption with
18 and permanently committed to an adoption entity, other than an
19 intermediary, such adoption entity shall be the guardian of
20 the person of the minor and has the responsibility and
21 authority to provide for the needs and welfare of the minor.
22 (7) The court retains jurisdiction of a minor who has
23 been placed for adoption until the adoption is finalized
24 within or outside this state final. After a minor is placed
25 with an adoption entity or prospective adoptive parent, the
26 court may review the status of the minor and the progress
27 toward permanent adoptive placement.
28 Section 9. Subsection (1) of section 63.053, Florida
29 Statutes, is amended to read:
30 63.053 Rights and responsibilities of an unmarried
31 biological father; legislative findings.--
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1 (1) In enacting the provisions contained in this
2 chapter, the Legislature prescribes the conditions for
3 determining whether an unmarried biological father's actions
4 are sufficiently prompt and substantial so as to require
5 protection of a constitutional right. If an unmarried
6 biological father fails to take the actions that are available
7 to him to establish a relationship with his child, his
8 parental interest may be lost entirely, or greatly diminished,
9 by his failure to timely comply with the available legal steps
10 to substantiate a parental interest.
11 Section 10. Subsections (1), (6), and (7) of section
12 63.054, Florida Statutes, are amended to read:
13 63.054 Actions required by an unmarried biological
14 father to establish parental rights; Florida Putative Father
15 Registry.--
16 (1) In order to preserve the right to notice and
17 consent to an adoption under this chapter, an unmarried
18 biological father must, as the "registrant," file a notarized
19 claim of paternity form with the Florida Putative Father
20 Registry maintained by the Office of Vital Statistics of the
21 Department of Health which includes and shall include therein
22 confirmation of his willingness and intent to support the
23 child for whom paternity is claimed in accordance with state
24 law. The claim of paternity may be filed at any time prior to
25 the child's birth, but a claim of paternity may not be filed
26 after the date a petition is filed for termination of parental
27 rights. In each proceeding for termination of parental rights,
28 the petitioner shall submit to the Office of Vital Statistics
29 of the Department of Health a copy of the petition for
30 termination of parental rights. The Office of Vital Statistics
31 of the Department of Health shall not record a claim of
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1 paternity after the date that a petition for termination of
2 parental rights is filed. The failure of an unmarried
3 biological father to register his paternity prior to the date
4 a petition for termination of parental rights is filed also
5 bars him from filing a paternity claim under chapter 742.
6 (6) It is the obligation of the registrant or, if
7 designated under subsection (4), his designated agent or
8 representative to notify and update the Office of Vital
9 Statistics of any change of address or change in the
10 designation of an agent or representative. The failure of a
11 registrant, or designated agent or representative, to report
12 any such change is at the registrant's own risk and shall not
13 serve as a valid defense based upon lack of notice, and the
14 adoption entity or petitioner shall have no further obligation
15 to search for the registrant unless the person petitioning for
16 termination of parental rights or adoption has actual or
17 constructive notice of the registrant's address and
18 whereabouts from another source.
19 (7) In each proceeding for termination of parental
20 rights or each adoption proceeding in which parental rights
21 are being terminated simultaneously with entry of the final
22 judgment of adoption, as in stepparent and relative adoptions
23 filed under this chapter, the petitioner must contact the
24 Office of Vital Statistics of the Department of Health by
25 submitting an application for a search of the Florida Putative
26 Father Registry. The petitioner shall provide the same
27 information, if known, on the search application form which
28 the registrant is required to furnish under subsection (3).
29 Thereafter, the Office of Vital Statistics must issue a
30 certificate signed by the State Registrar certifying:
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1 (a) The identity and contact information, if any, for
2 each registered unmarried biological father whose information
3 matches the search request sufficiently so that the such
4 person may be considered a possible father of the subject
5 child; or
6 (b) That a diligent search has been made of the
7 registry of registrants who may be the unmarried biological
8 father of the subject child and that no matching registration
9 has been located in the registry.
10
11 The This certificate must be filed with the court in the
12 proceeding to terminate parental rights or the adoption
13 proceeding. If a termination of parental rights and an
14 adoption proceeding are being adjudicated separately
15 simultaneously, the Florida Putative Father Registry need only
16 be searched in the termination of parental rights proceeding
17 once.
18 Section 11. Paragraph (b) of subsection (1),
19 subsection (2), paragraph (a) of subsection (3), and
20 subsection (9) of section 63.062, Florida Statutes, are
21 amended to read:
22 63.062 Persons required to consent to adoption;
23 affidavit of nonpaternity; waiver of venue.--
24 (1) Unless supported by one or more of the grounds
25 enumerated under s. 63.089(3), a petition to terminate
26 parental rights pending adoption may be granted only if
27 written consent has been executed as provided in s. 63.082
28 after the birth of the minor or notice has been served under
29 s. 63.088 to:
30 (b) The father of the minor, if:
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1 1. The minor was conceived or born while the father
2 was married to the mother;
3 2. The minor is his child by adoption;
4 3. The minor has been established by court judgment
5 proceeding to be his child no later than the date that a
6 petition is filed for termination of parental rights;
7 4. He has filed an affidavit of paternity pursuant to
8 s. 382.013(2)(c) no later than the date that a petition is
9 filed for termination of parental rights; or
10 5. In the case of an unmarried biological father, he
11 has acknowledged in writing, signed in the presence of a
12 competent witness, that he is the father of the minor, has
13 filed such acknowledgment with the Office of Vital Statistics
14 of the Department of Health within the required timeframes,
15 and has complied with the requirements of subsection (2).
16 (2) In accordance with subsection (1), the consent of
17 an unmarried biological father shall be required necessary
18 only if the unmarried biological father has complied with the
19 requirements of this subsection.
20 (a)1. With regard to a child who is placed with
21 adoptive parents more than 6 months after the child's birth,
22 an unmarried biological father must have developed a
23 substantial relationship with the child, taken some measure of
24 responsibility for the child and the child's future, and
25 demonstrated a full commitment to the responsibilities of
26 parenthood by providing financial support to the child in
27 accordance with the unmarried biological father's ability, if
28 not prevented from doing so by the person or authorized agency
29 having lawful custody of the child, and either:
30 a. Regularly visited the child at least monthly, when
31 physically and financially able to do so and when not
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1 prevented from doing so by the birth mother or the person or
2 authorized agency having lawful custody of the child; or
3 b. Maintained regular communication with the child or
4 with the person or agency having the care or custody of the
5 child, when physically or financially unable to visit the
6 child and or when not prevented from doing so by the birth
7 mother or person or authorized agency having lawful custody of
8 the child.
9 2. The mere fact that an unmarried biological father
10 expresses a desire to fulfill his responsibilities towards his
11 child which is unsupported by acts evidencing this intent does
12 not preclude a finding by the court that the unmarried
13 biological father failed to comply with the requirements of
14 this subsection.
15 3. An unmarried biological father who openly lived
16 with the child for at least 6 consecutive months within the
17 1-year period following the birth of the child and immediately
18 preceding placement of the child with adoptive parents and who
19 openly held himself out to be the father of the child during
20 that period shall be deemed to have developed a substantial
21 relationship with the child and to have otherwise met the
22 requirements of this paragraph.
23 (b) With regard to a child who is younger than 6
24 months of age at the time the child is placed with the
25 adoptive parents, an unmarried biological father must have
26 demonstrated a full commitment to his parental responsibility
27 by having performed all of the following acts before prior to
28 the time the mother executes her consent for adoption:
29 1. Filed a notarized claim of paternity form with the
30 Florida Putative Father Registry within the Office of Vital
31 Statistics of the Department of Health, which form shall be
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1 maintained in the confidential registry established for that
2 purpose and shall be considered filed when the notice is
3 entered in the registry of notices from unmarried biological
4 fathers.
5 2. Upon service of a notice of an intended adoption
6 plan or a petition for termination of parental rights pending
7 adoption, timely executed and filed an affidavit in that
8 proceeding stating that he is personally fully able and
9 willing to take responsibility for the child, setting forth
10 his plans for care of the child, and agreeing to a court order
11 of child support and a contribution to the payment of living
12 and medical expenses incurred for the mother's pregnancy and
13 the child's birth in accordance with his ability to pay.
14 3. If he had knowledge of the pregnancy, paid a fair
15 and reasonable amount of the expenses incurred in connection
16 with the mother's pregnancy and the child's birth, in
17 accordance with his financial ability and when not prevented
18 from doing so by the birth mother or person or authorized
19 agency having lawful custody of the child.
20 (c) The petitioner shall file with the court a
21 certificate from the Office of Vital Statistics stating that a
22 diligent search has been made of the Florida Putative Father
23 Registry of notices from unmarried biological fathers
24 described in subparagraph (b)1. and that no filing has been
25 found pertaining to the father of the child in question or, if
26 a filing is found, stating the name of the putative father and
27 the time and date of filing. That certificate shall be filed
28 with the court before prior to the entry of a final judgment
29 of termination of parental rights.
30 (d) An unmarried biological father who does not comply
31 with each of the conditions provided in this subsection is
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1 deemed to have waived and surrendered any rights in relation
2 to the child, including the right to notice of any judicial
3 proceeding in connection with the adoption of the child, and
4 his consent to the adoption of the child is not required.
5 (3)(a) Under Pursuant to chapter 48, an adoption
6 entity may serve upon any unmarried biological father
7 identified by the mother or identified by a diligent search of
8 the Florida Putative Father Registry, or upon an entity whose
9 consent is required, a notice of intended adoption plan at any
10 time before the child's birth or before placing prior to the
11 placement of the child in the adoptive home, including prior
12 to the birth of the child. The notice of intended adoption
13 plan must specifically state that if the unmarried biological
14 father desires to contest the adoption plan, he must file with
15 the court, within 30 days after service, a verified response
16 that contains a pledge of commitment to the child in
17 substantial compliance with subparagraph (2)(b)2. The notice
18 of intended adoption plan shall notify the unmarried
19 biological father that he must file a claim of paternity form
20 with the Office of Vital Statistics within 30 days after
21 service upon him and must provide the adoption entity with a
22 copy of the verified response filed with the court and the
23 claim of paternity form filed with the Office of Vital
24 Statistics. If the party served with the notice of intended
25 adoption plan is an entity, the entity must file, within 30
26 days after service, a verified response setting forth a legal
27 basis for contesting the intended adoption plan, specifically
28 addressing the best interest of the child. If the unmarried
29 biological father or entity whose consent is required fails to
30 properly file a verified response with the court and, in the
31 case of an unmarried biological father, a claim of paternity
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1 form with the Office of Vital Statistics within 30 days after
2 service upon that unmarried biological father or entity whose
3 consent is required, the consent of that unmarried biological
4 father or entity shall no longer be required under this
5 chapter and that party shall be deemed to have waived any
6 claim of rights to the child. Each notice of intended adoption
7 plan served upon an unmarried biological father must include
8 instructions as to the procedure the unmarried biological
9 father must follow to submit a claim of paternity form to the
10 Office of Vital Statistics and the address to which the
11 registration must be directed.
12 (9) A petition for termination of parental rights
13 shall be filed in the appropriate county as determined under
14 s. 63.087(2). If any the parent or parents whose consent is
15 required objects rights are to be terminated object to venue
16 in the county where the action was filed, the court may
17 transfer venue to a proper venue consistent with this chapter
18 and chapter 47 the action to the county where the objecting
19 parent or parents reside, unless the objecting parent has
20 previously executed a waiver of venue.
21 Section 12. Subsection (1) of section 63.063, Florida
22 Statutes, is amended to read:
23 63.063 Responsibility of each party for his or her
24 their own actions; fraud or misrepresentation; statutory
25 compliance.--
26 (1) Each parent of a child conceived or born outside
27 of marriage is responsible for his or her own actions and is
28 not excused from strict compliance with the provisions of this
29 chapter based upon any action, statement, or omission of the
30 other parent or a third party, except as provided in s.
31 63.062(2)(a).
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1 Section 13. Paragraph (d) of subsection (1),
2 paragraphs (b), (c), and (e) of subsection (4), and
3 subsections (5), (6), and (7) of section 63.082, Florida
4 Statutes, are amended to read:
5 63.082 Execution of consent to adoption or affidavit
6 of nonpaternity; family social and medical history; withdrawal
7 of consent.--
8 (1)
9 (d) The notice and consent provisions of this chapter
10 as they relate to the birth of a child or to legal fathers do
11 not apply in cases in which the child is conceived as a result
12 of a violation of the criminal laws of this or another state,
13 including, but not limited to, sexual battery, unlawful sexual
14 activity with certain minors under s. 794.05, lewd acts
15 perpetrated upon a minor, or incest.
16 (4)
17 (b) A consent to the adoption of a minor who is to be
18 placed for adoption shall not be executed by the birth mother
19 sooner than 48 hours after the minor's birth or the day the
20 birth mother has been notified in writing, either on her
21 patient chart or in release paperwork, that she is fit to be
22 released from the licensed hospital or birth center, whichever
23 is earlier. A consent by any man a biological father or legal
24 father may be executed at any time after the birth of the
25 child. A consent executed under this paragraph is valid upon
26 execution and may be withdrawn only if the court finds that it
27 was obtained by fraud or duress.
28 (c) When the minor to be adopted is older than 6
29 months of age at the time of the execution of the consent, the
30 consent to adoption is valid upon execution; however, it is
31 subject to a 3-day revocation period of 3 business days or may
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1 be revoked at any time prior to the placement of the minor
2 with the prospective adoptive parents, whichever is later. If
3 a consent has been executed, this subsection may not be
4 construed to provide a birth parent with more than 3 days to
5 revoke the consent once the child has been placed with the
6 prospective adoptive parents.
7 (e) A consent to adoption being executed by the birth
8 parent must be in at least 12-point boldfaced type in
9 substantially the following form:
10 CONSENT TO ADOPTION
11
12 YOU HAVE THE RIGHT TO SELECT AT LEAST ONE
13 PERSON WHO DOES NOT HAVE AN EMPLOYMENT,
14 PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH THE
15 ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE
16 PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS
17 EXECUTED AND TO SIGN IT AS A WITNESS. YOU MUST
18 ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED
19 OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS
20 OR WITNESSES YOU SELECTED, IF ANY.
21
22 YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU
23 MAY DO ANY OF THE FOLLOWING INSTEAD OF SIGNING
24 THIS CONSENT OR BEFORE SIGNING THIS CONSENT:
25 1. CONSULT WITH AN ATTORNEY;
26 2. HOLD, CARE FOR, AND FEED THE CHILD UNLESS
27 OTHERWISE LEGALLY PROHIBITED;
28 3. PLACE THE CHILD IN FOSTER CARE OR WITH ANY
29 FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS
30 WILLING TO CARE FOR THE CHILD;
31
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1 4. TAKE THE CHILD HOME UNLESS OTHERWISE
2 LEGALLY PROHIBITED; AND
3 5. FIND OUT ABOUT THE COMMUNITY RESOURCES THAT
4 ARE AVAILABLE TO YOU IF YOU DO NOT GO THROUGH
5 WITH THE ADOPTION.
6
7 IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP
8 ALL RIGHTS TO YOUR CHILD. YOUR CONSENT IS
9 VALID, BINDING, AND IRREVOCABLE EXCEPT UNDER
10 SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING
11 UP YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE
12 IMMEDIATELY PLACED FOR ADOPTION UPON THE
13 CHILD'S RELEASE FROM A LICENSED HOSPITAL OR
14 BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD
15 WILL BE IMPOSED UPON THE BIRTH MOTHER BEFORE
16 SHE MAY SIGN THE CONSENT FOR ADOPTION. A BIRTH
17 MOTHER MUST WAIT 48 HOURS FROM THE TIME OF
18 BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS
19 BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT
20 CHART OR IN RELEASE PAPERS, THAT SHE IS FIT TO
21 BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
22 CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT
23 FOR ADOPTION MAY BE EXECUTED. ANY MAN A
24 BIOLOGICAL FATHER MAY EXECUTE A CONSENT AT ANY
25 TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU
26 HAVE SIGNED THE CONSENT, IT IS VALID, BINDING,
27 AND IRREVOCABLE AND CANNOT BE WITHDRAWN UNLESS
28 A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR
29 DURESS.
30
31
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1 IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED
2 BY FRAUD OR DURESS AND YOU WISH TO REVOKE THAT
3 CONSENT, YOU MUST:
4 1. NOTIFY THE ADOPTION ENTITY, BY WRITING A
5 LETTER, THAT YOU WISH TO WITHDRAW YOUR CONSENT;
6 AND
7 2. PROVE IN COURT THAT THE CONSENT WAS
8 OBTAINED BY FRAUD OR DURESS.
9
10 This statement of rights is not required for the adoption of a
11 relative, an adult, a stepchild, or a child older than 6
12 months of age. A consent form for the adoption of a child
13 older than 6 months of age at the time of execution of consent
14 must contain a statement outlining the revocation rights
15 provided in paragraph (c).
16 (5) A copy or duplicate original of each consent
17 signed under this chapter in an action for termination of
18 parental rights pending adoption must be provided to the
19 person who executed the consent to adoption. The copy must be
20 hand delivered, with a written acknowledgment of receipt
21 signed by the person whose consent is required at the time of
22 execution. If a copy of a consent cannot be provided as
23 required in this subsection, the adoption entity must execute
24 an affidavit stating why the copy of the consent was not
25 delivered. The original consent and acknowledgment of receipt,
26 or an affidavit stating why the copy of the consent was not
27 delivered, must be filed with the petition for termination of
28 parental rights pending adoption.
29 (6)(a) If a birth parent executes a consent for
30 placement of a minor with an adoption entity or qualified
31 prospective adoptive parents and the minor child is in the
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1 custody of the department, but parental rights have not yet
2 been terminated, the adoption consent shall be valid, binding,
3 and enforceable by the court and shall be the basis for a
4 transfer of custody.
5 (b) Upon execution of the consent of the birth parent,
6 the adoption entity shall be permitted to intervene in the
7 dependency case as a party in interest and shall provide the
8 court having jurisdiction over the minor pursuant to the
9 shelter or dependency petition filed by the department with a
10 copy of the preliminary home study of the prospective adoptive
11 parents and any other evidence of the suitability of the
12 placement. The preliminary home study shall be maintained with
13 strictest confidentiality within the dependency court file and
14 the department's file. A preliminary home study must be
15 provided to the court in all cases in which an adoption entity
16 has intervened pursuant to this section.
17 (c) Upon a determination by the court that the
18 prospective adoptive parents have met the requirements of this
19 chapter are properly qualified to adopt the minor child and
20 that the adoption appears to be in the best interest of the
21 minor child, the court shall immediately order the transfer of
22 custody of the minor child to the prospective adoptive
23 parents, under the supervision of the adoption entity.
24 Thereafter, the adoption entity must file a petition for
25 termination of parental rights or a petition for adoption in
26 the court having jurisdiction over child welfare or custody in
27 the county with the appropriate venue according to s. 63.087
28 or s. 63.102. The adoption entity shall thereafter provide
29 monthly supervision reports to the court, if required,
30 department until finalization of the adoption.
31
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1 (d) In determining whether the best interest of the
2 child will be served by transferring the custody of the minor
3 child to the prospective adoptive parent selected by the birth
4 parent, the court shall give consideration to the rights of
5 the birth parent to determine an appropriate placement for the
6 child, the permanency offered, the child's bonding with any
7 potential adoptive home that the child has been residing in,
8 and the importance of maintaining sibling relationships, if
9 possible.
10 (7) In the case of a child older than 6 months of age
11 who is placed with adoptive parents and for whom a parent is
12 seeking to withdraw consent under paragraph (4)(c):
13 (a) The parent seeking to withdraw consent must notify
14 A consent that is being withdrawn under paragraph (4)(c) may
15 be withdrawn at any time prior to the minor's placement with
16 the prospective adoptive parents or by notifying the adoption
17 entity in writing by certified United States mail, return
18 receipt requested, not later than 3 business days after
19 execution of the consent. As used in this subsection, the term
20 "business day" means any day on which the United States Postal
21 Service accepts certified mail for delivery.
22 (b) Upon receiving timely written notice from a person
23 whose consent to adoption is required of that person's desire
24 to withdraw consent to adoption, the adoption entity must
25 contact the prospective adoptive parent to arrange a time
26 certain for the adoption entity to regain physical custody of
27 the minor, unless, upon a motion for emergency hearing by the
28 adoption entity, the court determines in written findings that
29 placement of the minor with the person who had legal or
30 physical custody of the child immediately before placing the
31 child for adoption withdrawing consent may endanger the minor,
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1 or that the person who desires to withdraw consent to the
2 adoption would not be required to consent to the adoption, or
3 has been determined to have abandoned the child, or is
4 otherwise subject to a determination that the person's consent
5 is waived under this chapter.
6 (c) If the court finds that the such placement may
7 endanger the minor, the court must enter an order regarding
8 continued placement of the minor. The order shall direct
9 continued placement with the prospective adoptive parents
10 pending further proceedings if they desire continued
11 placement. If the prospective adoptive parents do not desire
12 continued placement, the order shall include, but not be
13 limited to, whether temporary placement in foster care, with
14 the person who had legal or physical custody of the child
15 immediately before placing the child for adoption, or with a
16 relative is in the best interest of the child and is
17 appropriate, whether an investigation by the department is
18 recommended, and whether a relative is available for the
19 temporary placement.
20 (d) If the person withdrawing consent claims to be the
21 father of the minor but has not been established to be the
22 father by marriage, court order, or scientific testing, the
23 court may order scientific paternity testing and reserve
24 ruling on removal of the minor until the results of such
25 testing have been filed with the court.
26 (e) The adoption entity must return the minor within 3
27 business days after timely and proper notification of the
28 withdrawal of consent or after the court determines that
29 withdrawal is valid and binding upon consideration of an
30 emergency motion, as filed pursuant to paragraph (b), to the
31 physical custody of the person withdrawing consent or the
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1 person directed by the court. If the person seeking to validly
2 withdraw consent claims to be the father of the minor but has
3 not been established to be the father by marriage, court
4 order, or scientific testing, the adoption entity may return
5 the minor to the care and custody of the mother, if she
6 desires such placement, and the mother is not otherwise
7 prohibited by law from having custody of the child.
8 (f) Following the revocation period for withdrawal of
9 consent described in paragraph (a), or the placement of the
10 child with the prospective adoptive parents, whichever occurs
11 later, consent may be withdrawn only when the court finds that
12 the consent was obtained by fraud or duress.
13 (g) An affidavit of nonpaternity may be withdrawn only
14 if the court finds that the affidavit was obtained by fraud or
15 duress.
16 Section 14. Section 63.085, Florida Statutes, is
17 amended to read:
18 63.085 Disclosure by adoption entity.--
19 (1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
20 ADOPTIVE PARENTS.--Not later than 14 days after a person
21 seeking to adopt a minor or a person seeking to place a minor
22 for adoption contacts an adoption entity in person or provides
23 the adoption entity with a mailing address, the entity must
24 provide a written disclosure statement to that person if the
25 entity agrees or continues to work with the such person. The
26 If an adoption entity shall also provide the written
27 disclosure to any parent or any known and identified potential
28 unmarried biological father is assisting in the effort to
29 terminate the parental rights of a parent who did not initiate
30 the contact with the adoption entity, the written disclosure
31 must be provided within 14 days after that parent or potential
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1 unmarried biological father is identified and located. For
2 purposes of providing the written disclosure, a person is
3 considered to be seeking to place a minor for adoption when
4 that person has sought information or advice from the adoption
5 entity regarding the option of adoptive placement. The written
6 disclosure statement must be in substantially the following
7 form:
8 ADOPTION DISCLOSURE
9
10 THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE
11 PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A
12 MINOR OR SEEKING TO PLACE A MINOR FOR ADOPTION,
13 TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
14 ADOPTION UNDER FLORIDA LAW:
15 1. The name, address, and telephone number of
16 the adoption entity providing this disclosure
17 is:
18 Name:
19 Address:
20 Telephone Number:
21 2. The adoption entity does not provide legal
22 representation or advice to birth parents or
23 anyone signing a consent for adoption or
24 affidavit of nonpaternity, and birth parents
25 have the right to consult with an attorney of
26 their own choosing to advise them.
27 3. With the exception of an adoption by a
28 stepparent or relative, a child cannot be
29 placed into a prospective adoptive home unless
30 the prospective adoptive parents have received
31
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1 a favorable preliminary home study, including
2 criminal and child abuse clearances.
3 4. A valid consent for adoption may not be
4 signed by the birth mother until 48 hours after
5 the birth of the child, or the day the birth
6 mother is notified, in writing, that she is fit
7 for discharge from the licensed hospital or
8 birth center. Any man A putative father may
9 sign a valid consent for adoption at any time
10 after the birth of the child.
11 5. A consent for adoption signed before the
12 child attains the age of 6 months is binding
13 and irrevocable from the moment it is signed
14 unless it can be proven in court that the
15 consent was obtained by fraud or duress. A
16 consent for adoption signed after the child
17 attains the age of 6 months is valid from the
18 moment it is signed; however, it may be revoked
19 until the child is placed in an adoptive home,
20 or up to 3 business days after it was signed,
21 whichever period is longer.
22 6. A consent for adoption is not valid if the
23 signature of the person who signed the consent
24 was obtained by fraud or duress.
25 7. An unmarried biological father must act
26 immediately in order to protect his rights with
27 regard to the child. He must register his
28 paternity with the Florida Putative Father
29 Registry maintained by the Office of Vital
30 Statistics of the Department of Health within
31 the timeframes set forth in s. 63.062 and must
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1 provide the child with financial and physical
2 support by assisting the mother during her
3 pregnancy and providing for the child after
4 birth.
5 8.7. There are alternatives to adoption,
6 including foster care, relative care, and
7 parenting the child. There may be services and
8 sources of financial assistance in the
9 community available to birth parents if they
10 choose to parent the child.
11 9.8. A birth parent has the right to have a
12 witness of his or her choice, who is
13 unconnected with the adoption entity or the
14 adoptive parents, to be present and witness the
15 signing of the consent or affidavit of
16 nonpaternity.
17 10.9. A birth parent 14 years of age or
18 younger must have a parent, legal guardian, or
19 court-appointed guardian ad litem to assist and
20 advise the birth parent as to the adoption
21 plan.
22 11.10. A birth parent has a right to receive
23 supportive counseling from a counselor, social
24 worker, physician, clergy, or attorney, and
25 such counseling would be beneficial to the
26 birth parent.
27 12.11. The payment of living or medical
28 expenses by the prospective adoptive parents
29 prior to the birth of the child does not, in
30 any way, obligate the birth parent to sign the
31 consent for adoption.
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1 (2) DISCLOSURE TO ADOPTIVE PARENTS.--
2 (a) At the time that an adoption entity identifies
3 prospective adoptive parents for a born or unborn child whose
4 parents are seeking to place the child for adoption or whose
5 rights were terminated pursuant to chapter 39, the adoption
6 entity shall provide the prospective adoptive parents with
7 information on the background of the child to the extent such
8 information is available. If any of the information is
9 unavailable, the adoption entity has an affirmative duty to
10 provide the information within 14 days after the information
11 becoming available. In all cases, the prospective adoptive
12 parents shall receive all available information by the date
13 that the final hearing on the adoption is noticed with the
14 court. The information that is required to be disclosed
15 includes:
16 1. A family social and medical history form completed
17 pursuant to s. 63.082.
18 2. The biological mother's medical records documenting
19 her prenatal care and the birth and delivery of the child.
20 3. A complete set of the child's medical records
21 documenting all medical treatment and care since the child's
22 birth.
23 4. All mental health, psychological, and psychiatric
24 records, reports, and evaluations concerning the child.
25 5. The child's educational records, which include all
26 records concerning any special education needs of the child.
27 6. Records documenting all incidents that required the
28 department to provide services to the child, including, but
29 not limited to, all orders of adjudication of dependency or
30 termination of parental rights issued pursuant to chapter 39,
31 any case plans drafted to address the child's needs, all
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1 protective services investigations identifying the child as a
2 victim, and all guardian ad litem reports filed with the court
3 concerning the child.
4 7. Written information concerning the availability of
5 adoption subsidies for the child.
6 (b) When providing disclosure pursuant to this
7 subsection, the adoption entity shall redact any confidential
8 identifying information concerning the child's parents,
9 siblings, and relatives, and perpetrators of crimes against
10 the child or involving the child.
11 (3)(2) ACKNOWLEDGMENT OF DISCLOSURE.--The adoption
12 entity must obtain a written statement acknowledging receipt
13 of the disclosures disclosure required under subsections
14 subsection (1) and (2) and signed by the persons receiving the
15 disclosure or, if it is not possible to obtain such an
16 acknowledgment, the adoption entity must execute an affidavit
17 stating why an acknowledgment could not be obtained. If the
18 disclosure was delivered by certified United States mail,
19 return receipt requested, a return receipt signed by the
20 person from whom acknowledgment is required is sufficient to
21 meet the requirements of this subsection. A copy of the
22 acknowledgment of receipt of the disclosure must be provided
23 to the person signing it. A copy of the acknowledgment or
24 affidavit executed by the adoption entity in lieu of the
25 acknowledgment must be maintained in the file of the adoption
26 entity. The original acknowledgment or affidavit must be filed
27 with the court.
28 (4)(3) REVOCATION OF CONSENT.--Failure to meet the
29 requirements of this section subsection (1) or subsection (2)
30 does not constitute grounds for revocation of a consent to
31 adoption or withdrawal of an affidavit of nonpaternity unless
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1 the extent and circumstances of such a failure result in a
2 material failure of fundamental fairness in the administration
3 of due process, or the failure constitutes or contributes
4 materially to fraud or duress in obtaining a consent to
5 adoption or affidavit of nonpaternity.
6 Section 15. Section 63.087, Florida Statutes, is
7 amended to read:
8 63.087 Proceeding to terminate parental rights pending
9 adoption; general provisions.--
10 (1) JURISDICTION.--A court of this state that which is
11 competent to decide child welfare or custody matters has
12 jurisdiction to hear all matters arising from a proceeding to
13 terminate parental rights pending adoption.
14 (2) VENUE.--
15 (a) A petition to terminate parental rights pending
16 adoption must be filed:
17 1. In the county where the child resides; or
18 2. If the child does not reside in the State of
19 Florida, In the county where the adoption entity is located ;
20 3. In the county where the adoption entity is located;
21 or
22 4. If neither parent resides in the state, in the
23 county where the adoption entity is located. The fact of the
24 minor's presence within the state confers jurisdiction on the
25 court in proceedings in the minor's case under this chapter,
26 or to a parent or guardian if due notice has been given.
27 (b) If a petition for termination of parental rights
28 has been filed and a parent whose consent is required rights
29 are to be terminated objects to venue, there must be a hearing
30 in which the court shall determine whether that parent intends
31 to assert legally recognized grounds to contest a termination
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1 of parental rights and, if so, the court may shall immediately
2 transfer venue to a proper venue under this subsection the
3 county where that parent resides or resided at the time of the
4 execution of the consent. For purposes of selecting venue, the
5 court shall consider the ease of access to the court for the
6 parent and the factors set forth in s. 47.122 who intends to
7 contest a termination of parental rights.
8 (c) If there is a transfer of venue, the court may
9 determine which party shall bear the cost of venue transfer.
10
11 For purposes of the hearing under this subsection, witnesses
12 located in another jurisdiction may testify by deposition or
13 testify by telephone, audiovisual means, or other electronic
14 means before a designated court or at another location.
15 Documentary evidence transmitted from another location by
16 technological means that do not produce an original writing
17 may not be excluded from evidence on an objection based on the
18 means of transmission. The court on its own motion may
19 otherwise prescribe the manner in which and the terms upon
20 which the testimony is taken.
21 (3) PREREQUISITE FOR ADOPTION.--A petition for
22 adoption may not be filed until after the date the court
23 enters the judgment terminating parental rights pending
24 adoption under this chapter or under chapter 39. Adoptions of
25 relatives, adult adoptions, or adoptions of stepchildren shall
26 not be required to file a separate termination of parental
27 rights proceeding pending adoption. In such cases, the
28 petitioner may file a joint petition for termination of
29 parental rights and adoption, attaching all required consents,
30 affidavits, notices, and acknowledgments shall be attached to
31 the petition for adoption or filed separately in the adoption
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1 proceeding. Unless otherwise provided by law, this chapter
2 applies to joint petitions.
3 (4) PETITION.--
4 (a) A proceeding seeking to terminate parental rights
5 pending adoption under pursuant to this chapter must be
6 initiated by the filing of an original petition after the
7 birth of the minor.
8 (b) The petition may be filed by a parent or person
9 having physical or legal custody of the minor. The petition
10 may be filed by an adoption entity only if a parent or person
11 having physical or legal custody who has executed a consent to
12 adoption pursuant to s. 63.082 also consents in writing to the
13 adoption entity filing the petition. The original of the such
14 consent must be filed with the petition.
15 (c) The petition must be entitled: "In the Matter of
16 the Termination of Parental Rights for the Proposed Adoption
17 of a Minor Child."
18 (d) The petition to terminate parental rights pending
19 adoption must be in writing and signed by the petitioner under
20 oath stating the petitioner's good faith in filing the
21 petition. A written consent to adoption, affidavit of
22 nonpaternity, or affidavit of diligent search under s. 63.088,
23 for each person whose consent to adoption is required under s.
24 63.062, must be executed and attached.
25 (e) The petition must include:
26 1. The minor's name, gender, date of birth, and place
27 of birth. The petition must contain all names by which the
28 minor is or has been known, excluding the minor's prospective
29 adoptive name but including the minor's legal name at the time
30 of the filing of the petition. In the case of an infant child
31 whose adoptive name appears on the original birth certificate,
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1 the adoptive name shall not be included in the petition, nor
2 shall it be included elsewhere in the termination of parental
3 rights proceeding, except in the case of a petition for
4 adoption filed pursuant to s. 63.102(6).
5 2. All information required by the Uniform Child
6 Custody Jurisdiction and Enforcement Act and the Indian Child
7 Welfare Act, except the names and addresses of the adoptive
8 parents, which shall be kept confidential as required by s.
9 63.162.
10 3. A statement of the grounds under s. 63.089 upon
11 which the petition is based.
12 4. The name, address, and telephone number of any
13 adoption entity seeking to place the minor for adoption.
14 5. The name, address, and telephone number of the
15 division of the circuit court in which the petition is to be
16 filed.
17 6. A certification of compliance with the requirements
18 of s. 63.0425 regarding notice to grandparents of an impending
19 adoption.
20 (5) SUMMONS TO BE ISSUED.--The petitioner shall cause
21 a summons to be issued substantially in the form provided in
22 Form 1.902, Florida Rules of Civil Procedure. The Petition and
23 summons and a copy of the petition to terminate parental
24 rights shall be served upon any person who executed a whose
25 consent to adoption and has been provided but who has not
26 waived service of the pleadings and notice of the hearing
27 thereon and also upon any person whose consent to adoption is
28 required under s. 63.062 but who has not provided that consent
29 or an affidavit of nonpaternity.
30 (6) ANSWER AND APPEARANCE REQUIRED.--An answer to the
31 petition or any pleading requiring an answer shall be filed in
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1 accordance with the Florida Family Law Rules of Civil
2 Procedure. Failure to file a written response or to appear at
3 the hearing on the petition constitutes grounds upon which the
4 court may terminate parental rights. Failure to appear at the
5 hearing constitutes grounds upon which the court may terminate
6 parental rights. The petitioner shall provide notice of the
7 final hearing by United States mail to any person who has been
8 served with the summons and petition for termination of
9 parental rights within the specified time periods.
10 Notwithstanding the filing of any answer or any pleading, Any
11 person present at the hearing to terminate parental rights
12 pending adoption whose consent to adoption is required under
13 s. 63.062 must:
14 (a) Be advised by the court that he or she has a right
15 to ask that the hearing be reset for a later date so that the
16 person may consult with an attorney; and
17 (b) Be given an opportunity to admit or deny the
18 allegations in the petition.
19 Section 16. Section 63.088, Florida Statutes, is
20 amended to read:
21 63.088 Proceeding to terminate parental rights pending
22 adoption; notice and service; diligent search.--
23 (1) NOTICE REQUIRED.--An unmarried biological father,
24 by virtue of the fact that he has engaged in a sexual
25 relationship with a woman, is deemed to be on notice that a
26 pregnancy and an adoption proceeding regarding that child may
27 occur and that he has a duty to protect his own rights and
28 interest. He is, therefore, entitled to notice of a birth or
29 adoption proceeding with regard to that child only as provided
30 in this chapter.
31
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1 (2) INITIATION OF INITIATE LOCATION PROCEDURES.--When
2 the location of a person whose consent to an adoption is
3 required but is unknown not known, the adoption entity must
4 begin the inquiry and diligent search process required by this
5 section within a reasonable time period after the date on
6 which the person seeking to place a minor for adoption has
7 evidenced in writing to the adoption entity a desire to place
8 the minor for adoption with that entity, or not later than 30
9 days after the date any money is provided as permitted under
10 this chapter by the adoption entity for the benefit of the
11 person seeking to place a minor for adoption.
12 (3) LOCATION AND IDENTITY KNOWN.--Before the court may
13 determine that a minor is available for adoption, and in
14 addition to the other requirements set forth in this chapter,
15 each person whose consent is required under s. 63.062, who has
16 not executed a consent for adoption or an affidavit of
17 nonpaternity, and whose location and identity have been
18 determined by compliance with the procedures in this section
19 must be personally served, pursuant to chapter 48, at least 20
20 days before the hearing with a copy of the petition to
21 terminate parental rights pending adoption and with notice in
22 substantially the following form:
23
24 NOTICE OF PETITION AND HEARING
25 TO TERMINATE PARENTAL RIGHTS
26 PENDING ADOPTION
27
28 A petition to terminate parental rights pending
29 adoption has been filed. A copy of the petition
30 is being served with this notice. There will be
31 a hearing on the petition to terminate parental
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1 rights pending adoption on ...(date)... at
2 ...(time)... before ...(judge)... at
3 ...(location, including complete name and
4 street address of the courthouse).... The court
5 has set aside...(amount of time)... for this
6 hearing.
7
8 UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE
9 TO TIMELY FILE A WRITTEN RESPONSE TO THE
10 PETITION AND THIS NOTICE WITH THE COURT AND OR
11 TO APPEAR AT THIS HEARING CONSTITUTES GROUNDS
12 UPON WHICH THE COURT SHALL END ANY PARENTAL
13 RIGHTS YOU MAY HAVE OR ASSERT REGARDING THE
14 MINOR CHILD.
15
16 (4) REQUIRED INQUIRY.--In proceedings initiated under
17 s. 63.087, the court must conduct an inquiry of the person who
18 is placing the minor for adoption and of any relative or
19 person having legal custody of the minor who is present at the
20 hearing and likely to have the following information regarding
21 the identity of:
22 (a) Any person to whom the mother of the minor was
23 married at any time when conception of the minor may have
24 occurred or at the time of the birth of the minor;
25 (b) Any person who has been declared by a court to be
26 the father of the minor;
27 (b)(c) Any man who has adopted the minor;
28 (c)(d) Any man who has been established by a court
29 judgment as the father of the minor child before the date that
30 a petition is filed for termination of parental rights with
31
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1 whom the mother was cohabiting at any time when conception of
2 the minor may have occurred; and
3 (d)(e) Any man who has filed an affidavit of paternity
4 pursuant to s. 382.013(2)(c) before the date that a petition
5 is filed for termination of parental rights person who has
6 acknowledged or claimed paternity of the minor.
7
8 The information required under this subsection may be provided
9 to the court in the form of a sworn affidavit by a person
10 having personal knowledge of the facts, addressing each
11 inquiry enumerated in this subsection, except that, if the
12 inquiry identifies a father under paragraph (a), paragraph
13 (b), or paragraph (c), the inquiry shall not continue further.
14 The inquiry required under this subsection may be conducted
15 before the birth of the minor.
16 (5) LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry
17 by the court under subsection (4) identifies any person whose
18 consent to adoption is required under s. 63.062 and who has
19 not executed a consent to adoption or an affidavit of
20 nonpaternity, and the location of the person from whom consent
21 is required is unknown, the adoption entity must conduct a
22 diligent search for that person which must include inquiries
23 concerning:
24 (a) The person's current address, or any previous
25 address, through an inquiry of the United States Postal
26 Service through the Freedom of Information Act;
27 (b) The last known employment of the person, including
28 the name and address of the person's employer;
29 (c) Regulatory agencies, including those regulating
30 licensing in the area where the person last resided;
31
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1 (d) Names and addresses of relatives to the extent
2 they such can be reasonably obtained from the petitioner or
3 other sources, contacts with those relatives, and inquiry as
4 to the person's last known address. The petitioner shall
5 pursue any leads of any addresses to which the person may have
6 moved;
7 (e) Information as to whether or not the person may
8 have died and, if so, the date and location;
9 (f) Telephone listings in the area where the person
10 last resided;
11 (g) Inquiries of law enforcement agencies in the area
12 where the person last resided;
13 (h) Highway patrol records in the state where the
14 person last resided;
15 (i) Department of Corrections records in the state
16 where the person last resided;
17 (j) Hospitals in the area where the person last
18 resided;
19 (k) Records of utility companies, including water,
20 sewer, cable television, and electric companies, in the area
21 where the person last resided;
22 (l) Records of the Armed Forces of the United States
23 as to whether there is any information as to the person;
24 (m) Records of the tax assessor and tax collector in
25 the area where the person last resided; and
26 (n) Search of one Internet databank locator service.
27
28 A person contacted by a petitioner or adoption entity when
29 requesting information under this subsection must release the
30 requested information to the petitioner or adoption entity,
31 except when prohibited by law, without the necessity of a
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1 subpoena or a court order. An affidavit of diligent search
2 executed by the petitioner and the adoption entity must be
3 filed with the court confirming completion of each aspect of
4 the diligent search enumerated in this subsection and
5 specifying the results. The diligent search required under
6 this subsection may be conducted before the birth of the
7 minor.
8 (6) CONSTRUCTIVE SERVICE.--This subsection only
9 applies if, as to any person whose consent is required under
10 s. 63.062 and who has not executed a consent to adoption or an
11 affidavit of nonpaternity, the location of the person is
12 unknown and the inquiry under subsection (4) fails to locate
13 the person. The unlocated person must be served notice under
14 subsection (3) by constructive service in the manner provided
15 in chapter 49. The notice shall be published in the county
16 where the person was last known to have resided. The notice,
17 in addition to all information required under chapter 49, must
18 include a physical description, including, but not limited to,
19 age, race, hair and eye color, and approximate height and
20 weight of the person, the minor's date of birth, and the place
21 of birth of the minor. Constructive service by publication
22 shall not be required to provide notice to an identified birth
23 father whose consent is not required under pursuant to ss.
24 63.062 and 63.064.
25 Section 17. Section 63.089, Florida Statutes, is
26 amended to read:
27 63.089 Proceeding to terminate parental rights pending
28 adoption; hearing; grounds; dismissal of petition; judgment.--
29 (1) HEARING.--The court may terminate parental rights
30 pending adoption only after a hearing.
31
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1 (2) HEARING PREREQUISITES.--The court may hold the
2 hearing only when:
3 (a) For each person whose consent to adoption is
4 required under s. 63.062:
5 1. A consent under s. 63.082 has been executed and
6 filed with the court;
7 2. An affidavit of nonpaternity under s. 63.082 has
8 been executed and filed with the court;
9 3. Notice has been provided under ss. 63.087 and
10 63.088; or
11 4. The certificate from the Office of Vital Statistics
12 has been provided to the court stating that a diligent search
13 has been made of the Florida Putative Father Registry created
14 in s. 63.054 and that no filing has been found pertaining to
15 the father of the child in question or, if a filing is found,
16 stating the name of the putative father and the time and date
17 of the filing.
18 (b) For each notice and petition that must be served
19 under ss. 63.087 and 63.088:
20 1. At least 20 days have elapsed since the date of
21 individual personal service and an affidavit of service has
22 been filed with the court;
23 2. At least 30 days have elapsed since the first date
24 of publication of constructive service and an affidavit of
25 service has been filed with the court; or
26 3. An affidavit of nonpaternity, consent for adoption,
27 or other document that which affirmatively waives service has
28 been executed and filed with the court;
29 (c) The minor named in the petition has been born; and
30 (d) The petition contains all information required
31 under s. 63.087 and all affidavits of inquiry, diligent
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1 search, and service required under s. 63.088 have been
2 obtained and filed with the court.
3 (3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
4 ADOPTION.--The court may enter a judgment terminating parental
5 rights pending adoption or a judgment declaring that a person
6 has no parental rights if the court determines by clear and
7 convincing evidence, supported by written findings of fact,
8 that the each person whose consent to adoption is required
9 under s. 63.062:
10 (a) Has executed a valid consent under s. 63.082 and
11 the consent was obtained according to the requirements of this
12 chapter;
13 (b) Has executed an affidavit of nonpaternity and the
14 affidavit was obtained according to the requirements of this
15 chapter;
16 (c) Has been served with a notice of the intended
17 adoption plan in accordance with the provisions of s.
18 63.062(3) and has failed to respond within the designated time
19 period;
20 (d) Has failed to timely perfect his or her right to
21 consent pursuant to s. 63.062 because the person failed to
22 register as required by s. 63.054 and comply with s.
23 63.062(2)(b);
24 (e) Has failed to timely perfect his or her right to
25 consent pursuant to s. 63.062 because, in the case of a child
26 who is placed with the adoptive parents more than 6 months
27 after the child's birth, the person failed to register as
28 required by s. 63.054 and comply with s. 63.062(2)(a);
29 (f)(d) Has been properly served notice of the
30 proceeding in accordance with the requirements of this chapter
31 and has failed to file a written answer or appear at the
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1 evidentiary hearing resulting in the judgment terminating
2 parental rights pending adoption;
3 (g)(e) Has been properly served notice of the
4 proceeding in accordance with the requirements of this chapter
5 and has been determined under subsection (4) to have abandoned
6 the minor as defined in s. 63.032;
7 (h)(f) Is a parent of the person to be adopted, which
8 parent has been judicially declared incapacitated with
9 restoration of competency found to be medically improbable;
10 (i)(g) Is a person who has legal custody of the person
11 to be adopted, other than a parent, who has failed to respond
12 in writing to a request for consent for a period of 60 days
13 or, after examination of his or her written reasons for
14 withholding consent, is found by the court to be withholding
15 his or her consent unreasonably;
16 (j)(h) Has been properly served notice of the
17 proceeding in accordance with the requirements of this
18 chapter, but has been found by the court, after examining
19 written reasons for the withholding of consent, to be
20 unreasonably withholding his or her consent; or
21 (k)(i) Is the spouse of the person to be adopted who
22 has failed to consent, and the failure of the spouse to
23 consent to the adoption is excused by reason of prolonged and
24 unexplained absence, unavailability, incapacity, or
25 circumstances that are found by the court to constitute
26 unreasonable withholding of consent.
27
28 A person whose consent is not required may voluntarily waive
29 any and all parental rights that he or she may have to the
30 child by executing a consent for adoption or an affidavit of
31 nonpaternity.
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1 (4) FINDING OF ABANDONMENT.--A finding of abandonment
2 resulting in a termination of parental rights must be based
3 upon clear and convincing evidence that a parent or person
4 having legal custody has abandoned the child in accordance
5 with the definition contained in s. 63.032(1). A finding of
6 abandonment may be based upon emotional abuse or a refusal to
7 provide reasonable financial support, when able, to a birth
8 mother during her pregnancy. If, in the opinion of the court,
9 the efforts of a parent or person having legal custody of the
10 child to support and communicate with the child are only
11 marginal efforts that do not evince a settled purpose to
12 assume all parental duties, the court may declare the child to
13 be abandoned. In making this decision, the court may consider
14 the conduct of a father toward the child's mother during her
15 pregnancy.
16 (a) In making a determination of abandonment at a
17 hearing for termination of parental rights under pursuant to
18 this chapter, the court must consider, among other relevant
19 factors not inconsistent with this section:
20 1. Whether the actions alleged to constitute
21 abandonment demonstrate a willful disregard for the safety or
22 welfare of the child or the unborn child;
23 2. Whether the person alleged to have abandoned the
24 child, while being able, failed to provide financial support;
25 3. Whether the person alleged to have abandoned the
26 child, while being able, failed to pay for medical treatment;
27 and
28 4. Whether the amount of support provided or medical
29 expenses paid was appropriate, taking into consideration the
30 needs of the child and relative means and resources available
31 to the person alleged to have abandoned the child.
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1 (b) The child has been abandoned when the parent of a
2 child is incarcerated on or after October 1, 2001, in a state
3 or federal correctional institution and:
4 1. The period of time for which the parent has been or
5 is expected to be incarcerated constitutes will constitute a
6 significant substantial portion of the child's minority. This
7 period of time begins on the date that the parent enters into
8 incarceration at any federal, state, or county correctional
9 institution or facility period of time before the child will
10 attain the age of 18 years;
11 2. The incarcerated parent has been determined by the
12 court to be a violent career criminal as defined in s.
13 775.084, a habitual violent felony offender as defined in s.
14 775.084, convicted of child abuse as defined in s. 827.03, or
15 a sexual predator as defined in s. 775.21; has been convicted
16 of first degree or second degree murder in violation of s.
17 782.04 or a sexual battery that constitutes a capital, life,
18 or first degree felony violation of s. 794.011; or has been
19 convicted of an offense in another jurisdiction which is
20 substantially similar to one of the offenses listed in this
21 subparagraph. As used in this section, the term "substantially
22 similar offense" means any offense that is substantially
23 similar in elements and penalties to one of those listed in
24 this subparagraph, and that is in violation of a law of any
25 other jurisdiction, whether that of another state, the
26 District of Columbia, the United States or any possession or
27 territory thereof, or any foreign jurisdiction; or
28 3. The court determines by clear and convincing
29 evidence that continuing the parental relationship with the
30 incarcerated parent would be harmful to the child and, for
31
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1 this reason, that termination of the parental rights of the
2 incarcerated parent is in the best interest of the child.
3 (5) DISMISSAL OF PETITION.--If the court does not find
4 by clear and convincing evidence that parental rights of a
5 parent should be terminated pending adoption, the court must
6 dismiss the petition and that parent's parental rights that
7 were the subject of such petition shall remain in full force
8 under the law. The order must include written findings in
9 support of the dismissal, including findings as to the
10 criteria in subsection (4) if rejecting a claim of
11 abandonment. Parental rights may not be terminated based upon
12 a consent that the court finds has been timely withdrawn under
13 s. 63.082 or a consent to adoption or affidavit of
14 nonpaternity that the court finds was obtained by fraud or
15 duress. The court must enter an order based upon written
16 findings providing for the placement of the minor. The court
17 may order scientific testing to determine the paternity of the
18 minor at any time during which the court has jurisdiction over
19 the minor. Further proceedings, if any, regarding the minor
20 must be brought in a separate custody action under chapter 61,
21 a dependency action under chapter 39, or a paternity action
22 under chapter 742.
23 (6) JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
24 ADOPTION.--
25 (a) The judgment terminating parental rights pending
26 adoption must be in writing and contain findings of fact as to
27 the grounds for terminating parental rights pending adoption.
28 (b) Within 7 days after filing, the court shall mail a
29 copy of the judgment to the department. The clerk shall
30 execute a certificate of the such mailing.
31
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1 (c) The judgment terminating parental rights pending
2 adoption legally frees the child for subsequent adoption,
3 adjudicates the child's status, and may not be challenged by a
4 person claiming parental status who did not establish parental
5 rights prior to the filing of the petition for termination,
6 except as specifically provided in this chapter.
7 (7) RELIEF FROM JUDGMENT TERMINATING PARENTAL
8 RIGHTS.--
9 (a) A motion for relief from a judgment terminating
10 parental rights must be filed with the court originally
11 entering the judgment. The motion must be filed within a
12 reasonable time, but not later than 1 year after the entry of
13 the judgment terminating parental rights.
14 (b) No later than 30 days after the filing of a motion
15 under this subsection, the court must conduct a preliminary
16 hearing to determine what contact, if any, shall be permitted
17 between a parent and the child pending resolution of the
18 motion. The Such contact shall be considered only if it is
19 requested by a parent who has appeared at the hearing. If the
20 court orders contact between a parent and child, the order
21 must be issued in writing as expeditiously as possible and
22 must state with specificity the terms any provisions regarding
23 contact with persons other than those with whom the child
24 resides.
25 (c) At the preliminary hearing, the court, upon the
26 motion of any party or upon its own motion, may order
27 scientific testing to determine the paternity of the minor if
28 the person seeking to set aside the judgment is alleging to be
29 the child's father and that fact has not previously been
30 determined by legitimacy or scientific testing. The court may
31 order visitation with a person for whom scientific testing for
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1 paternity has been ordered and who has previously established
2 a bonded relationship with the child.
3 (d) Unless otherwise agreed between the parties or for
4 good cause shown, the court shall conduct a final hearing on
5 the motion for relief from judgment within 45 days after the
6 filing and enter its written order as expeditiously as
7 possible thereafter.
8 (8) RECORDS; CONFIDENTIAL INFORMATION.--All papers and
9 records pertaining to a petition to terminate parental rights
10 pending adoption are related to the subsequent adoption of the
11 minor and are subject to the provisions of s. 63.162. The
12 confidentiality provisions of this chapter do not apply to the
13 extent information regarding persons or proceedings must be
14 made available as specified under s. 63.088.
15 Section 18. Section 63.092, Florida Statutes, is
16 amended to read:
17 63.092 Report to the court of intended placement by an
18 adoption entity; at-risk placement; preliminary study.--
19 (1) REPORT TO THE COURT.--The adoption entity must
20 report any intended placement of a minor for adoption with any
21 person who is not a relative or a stepparent if the adoption
22 entity has knowledge of, or participates in the, such intended
23 placement. The report must be made to the court before the
24 minor is placed in the home or within 2 business days 48 hours
25 thereafter.
26 (2) AT-RISK PLACEMENT.--If the minor is placed in the
27 prospective adoptive home before the parental rights of the
28 minor's parents are terminated under s. 63.089, the placement
29 is an at-risk placement. If the placement is an at-risk
30 placement, The prospective adoptive parents must acknowledge
31 in writing that the placement is at risk before the minor may
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1 be placed in the prospective adoptive home that the placement
2 is at risk. The prospective adoptive parents shall be advised
3 by the adoption entity, in writing, that the minor is subject
4 to removal from the prospective adoptive home by the adoption
5 entity or by court order at any time before prior to the
6 finalization of the adoption.
7 (3) PRELIMINARY HOME STUDY.--Before placing the minor
8 in the intended adoptive home, a preliminary home study must
9 be performed by a licensed child-placing agency, a
10 child-caring agency registered under s. 409.176, a licensed
11 professional, or an agency described in s. 61.20(2), unless
12 the adoptee is an adult or the petitioner is a stepparent or a
13 relative. If the adoptee is an adult or the petitioner is a
14 stepparent or a relative, a preliminary home study may be
15 required by the court for good cause shown. The department is
16 required to perform the preliminary home study only if there
17 is no licensed child-placing agency, child-caring agency
18 registered under s. 409.176, licensed professional, or agency
19 described in s. 61.20(2), in the county where the prospective
20 adoptive parents reside. The preliminary home study must be
21 made to determine the suitability of the intended adoptive
22 parents and may be completed before prior to identification of
23 a prospective adoptive minor. A favorable preliminary home
24 study is valid for 1 year after the date of its completion.
25 Upon its completion, a copy of the home study must be provided
26 to the intended adoptive parents who were the subject of the
27 home study. A minor may not be placed in an intended adoptive
28 home before a favorable preliminary home study is completed
29 unless the adoptive home is also a licensed foster home under
30 s. 409.175. The preliminary home study must include, at a
31 minimum:
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1 (a) An interview with the intended adoptive parents;
2 (b) Records checks of the department's central abuse
3 registry and criminal records correspondence checks under s.
4 39.0138 through the Department of Law Enforcement on the
5 intended adoptive parents;
6 (c) An assessment of the physical environment of the
7 home;
8 (d) A determination of the financial security of the
9 intended adoptive parents;
10 (e) Documentation of counseling and education of the
11 intended adoptive parents on adoptive parenting;
12 (f) Documentation that information on adoption and the
13 adoption process has been provided to the intended adoptive
14 parents;
15 (g) Documentation that information on support services
16 available in the community has been provided to the intended
17 adoptive parents; and
18 (h) A copy of each intended adoptive parent's signed
19 acknowledgment of receipt of disclosure required by s. 63.085.
20
21 If the preliminary home study is favorable, a minor may be
22 placed in the home pending entry of the judgment of adoption.
23 A minor may not be placed in the home if the preliminary home
24 study is unfavorable. If the preliminary home study is
25 unfavorable, the adoption entity may, within 20 days after
26 receipt of a copy of the written recommendation, petition the
27 court to determine the suitability of the intended adoptive
28 home. A determination as to suitability under this subsection
29 does not act as a presumption of suitability at the final
30 hearing. In determining the suitability of the intended
31 adoptive home, the court must consider the totality of the
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1 circumstances in the home. No minor may be placed in a home in
2 which there resides any person determined by the court to be a
3 sexual predator as defined in s. 775.21 or to have been
4 convicted of an offense listed in s. 63.089(4)(b)2.
5 Section 19. Subsections (1) and (4) of section 63.097,
6 Florida Statutes, are amended to read:
7 63.097 Fees.--
8 (1) When the adoption entity is an agency, fees may be
9 assessed if they are approved by the department as part of
10 within the process of licensing the agency and if they are
11 for:
12 (a) Foster care expenses;
13 (b) Preplacement and postplacement social services;
14 and
15 (c) Agency facility and administrative costs.
16 (4) Any fees, costs, or expenses not included in
17 subsection (1) or subsection (2) or prohibited under
18 subsection (5) require court approval prior to payment and
19 must be based on a finding of extraordinary circumstances.
20 Section 20. Subsections (1), (2), (5), and (6) of
21 section 63.102, Florida Statutes, are amended to read:
22 63.102 Filing of petition for adoption or declaratory
23 statement; venue; proceeding for approval of fees and costs.--
24 (1) PETITION FOR ADOPTION.--A petition for adoption
25 may not be filed until after the entry of the judgment or
26 decree terminating parental rights pending adoption under this
27 chapter, unless the adoptee is an adult or, the petitioner is
28 a stepparent or a relative, or the minor has been the subject
29 of a judgment terminating parental rights under chapter 39.
30 After a judgment terminating parental rights has been entered,
31 a proceeding for adoption may be commenced by filing a
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1 petition entitled, "In the Matter of the Adoption of _____" in
2 the circuit court. The person to be adopted shall be
3 designated in the caption in the name by which he or she is to
4 be known if the petition is granted. Except in the case of a
5 joint petition for adoption of a stepchild, a relative, or an
6 adult, any name by which the minor was previously known may
7 not be disclosed in the petition, the notice of hearing, or
8 the judgment of adoption, or the court docket according to s.
9 63.162(3).
10 (2) VENUE.--A petition for adoption or for a
11 declaratory statement as to the adoption contract shall be
12 filed in the county where the petition for termination of
13 parental rights was granted or filed, unless the court, in
14 accordance with s. 47.122, changes the venue to the county
15 where the petitioner or petitioners or the minor resides or
16 where the adoption entity with which the minor has been placed
17 is located. The circuit court in this state must retain
18 jurisdiction over the matter until a final judgment is entered
19 on the adoption, either within or outside the state. The
20 Uniform Child Custody Jurisdiction and Enforcement Act does
21 not apply until a final judgment is entered on the adoption.
22 (5) PRIOR APPROVAL OF FEES AND COSTS.--A proceeding
23 for prior approval of fees and costs may be commenced any time
24 after an agreement is reached with between the birth mother or
25 and the adoptive parents by filing a petition for declaratory
26 statement on the agreement entitled "In the Matter of the
27 Proposed Adoption of a Minor Child" in the circuit court.
28 (a) The petition must be filed by the adoption entity
29 with the consent of the parties to the agreement.
30 (b) A contract for the payment of fees, costs, and
31 expenses permitted under this chapter must be in writing, and
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1 any person who enters into the contract has 3 business days in
2 which to cancel the contract unless placement of the child has
3 occurred. To cancel the contract, the person must notify the
4 adoption entity in writing by certified United States mail,
5 return receipt requested, no later than 3 business days after
6 signing the contract. For the purposes of this subsection, the
7 term "business day" means a day on which the United States
8 Postal Service accepts certified mail for delivery. If the
9 contract is canceled within the first 3 business days, the
10 person who cancels the contract does not owe any legal,
11 intermediary, or other fees, but may be responsible for the
12 adoption entity's actual costs during that time.
13 (c) The court may grant approval only of fees and
14 expenses permitted under s. 63.097. A prior approval of
15 prospective fees and costs shall create a presumption that
16 these items will subsequently be approved by the court under
17 s. 63.132. The court, under s. 63.132, may order an adoption
18 entity to refund any amounts paid under this subsection that
19 are subsequently found by the court to be greater than fees,
20 costs, and expenses actually incurred.
21 (d) The contract may not require, and the court may
22 not approve, any amount that constitutes payment for locating
23 a minor for adoption, except as authorized under s. 63.212(1).
24 (e) A declaratory statement as to the adoption
25 contract, regardless of when filed, shall be consolidated with
26 any related petition for adoption. The clerk of the court
27 shall only assess one filing fee that includes the adoption
28 action, the declaratory statement petition, and the petition
29 for termination of parental rights.
30
31
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1 (f) Prior approval of fees and costs by the court does
2 not obligate the parent to ultimately relinquish the minor for
3 adoption.
4 (6) STEPCHILD, RELATIVE, AND ADULT
5 ADOPTIONS.--Petitions for the adoption of a stepchild, a
6 relative, or an adult shall not require the filing of a
7 separate judgment or separate proceeding terminating parental
8 rights pending adoption. The final judgment of adoption has
9 shall have the effect of terminating parental rights
10 simultaneously with the granting of the decree of adoption.
11 Section 21. Subsection (2) of section 63.112, Florida
12 Statutes, is amended to read:
13 63.112 Petition for adoption; description; report or
14 recommendation, exceptions; mailing.--
15 (2) The following documents are required to be filed
16 with the clerk of the court at the time the petition is filed:
17 (a) A certified copy of the court judgment terminating
18 parental rights under chapter 39 or under this chapter or, if
19 the adoptee is an adult or a minor relative or stepchild of
20 the petitioner, the required consent, unless such consent is
21 excused by the court.
22 (b) The favorable preliminary home study required
23 under of the department, licensed child-placing agency, or
24 professional pursuant to s. 63.092, as to the suitability of
25 the home in which the minor has been placed, unless the
26 petitioner is a stepparent or a relative.
27 (c) A copy of any declaratory statement previously
28 entered by the court pursuant to s. 63.102.
29 (d) Documentation that an interview was held with the
30 minor, if older than 12 years of age, unless the court, in the
31
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1 best interest of the minor, dispenses with the minor's consent
2 under s. 63.062(1)(c).
3 Section 22. Subsections (3) and (5) of section 63.122,
4 Florida Statutes, are amended to read:
5 63.122 Notice of hearing on petition.--
6 (3) Upon a showing by the petitioner or parent that
7 the privacy, safety, or and welfare of the petitioner, parent,
8 or minor may be endangered, the court may order the names of
9 the petitioner, parent, or minor, or all both, to be deleted
10 from the notice of hearing and from the copy of the petition
11 attached thereto, provided the substantive rights of any
12 person will not thereby be affected.
13 (5) After filing the petition to adopt an adult, the
14 court may order an appropriate investigation to assist in
15 determining whether the adoption is in the best interest of
16 the persons involved and is in accordance with state law.
17 Section 23. Subsection (4) of section 63.125, Florida
18 Statutes, is amended to read:
19 63.125 Final home investigation.--
20 (4) The department, the licensed child-placing agency,
21 or the professional making the required investigation may
22 request other state agencies, licensed professionals qualified
23 to conduct a home study, or child-placing agencies within or
24 outside this state to make investigations of designated parts
25 of the inquiry and to make a written report to the department,
26 the professional, or other person or agency.
27 Section 24. Subsection (4) of section 63.132, Florida
28 Statutes, is amended to read:
29 63.132 Affidavit of expenses and receipts.--
30 (4) This section does not apply to an adoption by a
31 stepparent or an adoption of a relative or adult, the
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1 finalization of an adoption of a minor whose parent's parental
2 rights were terminated under chapter 39, or the domestication
3 of an adoption decree of a minor child adopted in a foreign
4 country.
5 Section 25. Section 63.135, Florida Statutes, is
6 amended to read:
7 63.135 Information under oath to be submitted to the
8 court.--
9 (1) The adoption entity or petitioner must file an
10 affidavit under the Uniform Child Custody Jurisdiction and
11 Enforcement Act in a termination of parental rights Each party
12 in an adoption proceeding, in the first pleading or in an
13 affidavit attached to that pleading, shall give information
14 under oath as to the child's present address, the places where
15 the child has lived within the last 5 years, and the names and
16 present addresses of the persons with whom the child has lived
17 during that period. In the pleading or affidavit each party
18 shall further declare under oath whether:
19 (a) The party has participated as a party or witness
20 or in any other capacity in any other litigation concerning
21 the custody of the same child in this or any other state;
22 (b) The party has information of any custody
23 proceeding concerning the child pending in a court of this or
24 any other state; and
25 (c) The party knows of any person not a party to the
26 proceedings who has physical custody of the child or claims to
27 have custody or visitation rights with respect to the child.
28 (2) If the declaration as to any item specified in
29 subsection (1) is in the affirmative, the declarant shall give
30 additional information under oath as required by the court.
31 The court may examine the parties under oath about details of
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1 the information furnished and other matters pertinent to the
2 court's jurisdiction and judgment of adoption.
3 (2)(3) Each party has a continuing duty to inform the
4 court of any custody proceeding concerning the child in this
5 or any other state about which he or she obtained information
6 during this proceeding.
7 Section 26. Subsections (3) and (4) of section 63.142,
8 Florida Statutes, are amended to read:
9 63.142 Hearing; judgment of adoption.--
10 (3) DISMISSAL.--
11 (a) If the petition is dismissed, further proceedings,
12 if any, regarding the minor must be brought in a separate
13 custody action under chapter 61, a dependency action under
14 chapter 39, or a paternity action under chapter 742 the court
15 shall determine the person that is to have custody of the
16 minor.
17 (b) If the petition is dismissed, the court shall
18 state with specificity the reasons for the dismissal.
19 (4) JUDGMENT.--At the conclusion of the hearing, after
20 the court determines that the date for a parent to file an
21 appeal of a valid judgment terminating that parent's parental
22 rights has passed and no appeal, under pursuant to the
23 Florida Rules of Appellate Procedure, is pending and that the
24 adoption is in the best interest of the person to be adopted,
25 a judgment of adoption shall be entered. A judgment
26 terminating parental rights pending adoption is voidable and
27 any later judgment of adoption of that minor is voidable if,
28 upon a parent's motion for relief from judgment, the court
29 finds that the adoption fails to substantially meet the
30 requirements of this chapter. The motion must be filed within
31
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1 a reasonable time, but not later than 1 year after the date
2 the judgment terminating parental rights was entered.
3 Section 27. Section 63.152, Florida Statutes, is
4 amended to read:
5 63.152 Application for new birth record.--Within 30
6 days after entry of a judgment of adoption, the clerk of the
7 court shall transmit a certified statement of the entry to the
8 state registrar of vital statistics in the state where the
9 adopted person was born on a form provided by the registrar. A
10 new birth record containing the necessary information supplied
11 by the certificate shall be issued by the registrar on
12 application of the adopting parents or the adopted person.
13 Section 28. Subsections (1), (3), and (7) of section
14 63.162, Florida Statutes, are amended to read:
15 63.162 Hearings and records in adoption proceedings;
16 confidential nature.--
17 (1) All hearings held in proceedings under this
18 chapter act shall be held in closed court without admittance
19 of any person other than essential officers of the court, the
20 parties, witnesses, counsel, persons who have not consented to
21 the adoption and are required to consent, and representatives
22 of the agencies who are present to perform their official
23 duties.
24 (3) The court files, records, and papers in the
25 adoption of a minor shall be indexed only in the name of the
26 petitioner, and the names name of the petitioner and the minor
27 may shall not be noted on any docket, index, or other record
28 outside the court file, except that closed agency files may be
29 cross-referenced in the original and adoptive names of the
30 minor.
31
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1 (7) The court may, upon petition of an adult adoptee,
2 for good cause shown, appoint an intermediary or a licensed
3 child-placing agency to contact a birth parent and to who has
4 not registered with the adoption registry pursuant to s.
5 63.165 and advise him or her them of the adoptee's request to
6 open the file and the adoption registry and offer the parent
7 the opportunity to waive confidentiality and consent to the
8 opening of the parent's records availability of same.
9 Section 29. Section 63.192, Florida Statutes, is
10 amended to read:
11 63.192 Recognition of foreign judgment or decree
12 affecting adoption.--A judgment of court terminating the
13 relationship of parent and child or establishing the
14 relationship by adoption, or a decree granting legal
15 guardianship for purposes of adoption, issued pursuant to due
16 process of law by a court or authorized body of any other
17 jurisdiction within or without the United States shall be
18 recognized in this state, and the rights and obligations of
19 the parties on matters within the jurisdiction of this state
20 shall be determined as though the judgment or decree were
21 issued by a court of this state. A judgment or decree of a
22 court or authorized body terminating the relationship of a
23 parent and child, whether independent, incorporated in an
24 adoption decree, or incorporated in a legal guardianship order
25 issued pursuant to due process of law of any other
26 jurisdiction within or without the United States, shall be
27 deemed to effectively terminate parental rights for purposes
28 of a proceeding on a petition for adoption in this state. When
29 a minor child has been made available for adoption in a
30 foreign state or foreign country and the parental rights of
31 the minor child's parent have been terminated or the child has
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1 been declared to be abandoned or orphaned, no additional
2 termination of parental rights proceeding need occur, and the
3 adoption may be finalized according to the procedures set
4 forth in this chapter.
5 Section 30. Paragraph (b) of subsection (1) of section
6 63.207, Florida Statutes, is amended to read:
7 63.207 Out-of-state placement.--
8 (1) Unless the parent placing a minor for adoption
9 files an affidavit that the parent chooses to place the minor
10 outside the state, giving the reason for that placement, or
11 the minor is to be placed with a relative or with a
12 stepparent, or the minor is a special needs child, as defined
13 in s. 409.166, or for other good cause shown, an adoption
14 entity may not:
15 (b) Place or attempt to place a minor for the purpose
16 of adoption with a family who primarily lives and works
17 outside Florida in another state. If an adoption entity is
18 acting under this subsection, the adoption entity must file a
19 petition for declaratory statement pursuant to s. 63.102 for
20 prior approval of fees and costs. The court shall review the
21 costs pursuant to s. 63.097. The petition for declaratory
22 statement must be converted to a petition for an adoption upon
23 placement of the minor in the home. When a minor is placed for
24 adoption with prospective adoptive parents who primarily live
25 and work outside this state, the circuit court in this state
26 may retain jurisdiction over the matter until the adoption
27 becomes final. The prospective adoptive parents may finalize
28 the adoption in this state or in their home state.
29 Section 31. Paragraph (c) of subsection (1) and
30 subsections (2) and (7) of section 63.212, Florida Statutes,
31 are amended to read:
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1 63.212 Prohibited acts; penalties for violation.--
2 (1) It is unlawful for any person:
3 (c) To sell or surrender, or to arrange for the sale
4 or surrender of, a minor to another person for money or
5 anything of value or to receive a such minor child for a such
6 payment or thing of value. If a minor is being adopted by a
7 relative or by a stepparent, or is being adopted through an
8 adoption entity, this paragraph does not prohibit the person
9 who is contemplating adopting the child from paying, under ss.
10 63.097 and 63.132, the actual prenatal care and living
11 expenses of the mother of the child to be adopted, or from
12 paying, under ss. 63.097 and 63.132, the actual living and
13 medical expenses of the such mother for a reasonable time, not
14 to exceed 6 weeks, if medical needs require such support,
15 after the birth of the minor.
16 (2)(a) It is unlawful for any person or adoption
17 entity under this chapter to:
18 1. Knowingly provide false information; or
19 2. Knowingly withhold material information.
20 (b) It is unlawful for a parent, with the intent to
21 defraud, to accept benefits related to the same pregnancy from
22 more than one adoption entity without disclosing that fact to
23 each entity.
24 (c) It is unlawful for any person who knows that the
25 parent whose rights are to be terminated intends to object to
26 said termination to intentionally file the petition for
27 termination of parental rights in a county inconsistent with
28 the required venue under such circumstances.
29
30 Any person who willfully violates any provision of this
31 subsection commits a misdemeanor of the second degree,
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1 punishable as provided in s. 775.082 or s. 775.083. In
2 addition, the such person is liable for damages caused by the
3 such acts or omissions, including reasonable attorney's fees
4 and costs. Damages may be awarded through restitution in any
5 related criminal prosecution or by filing a separate civil
6 action.
7 (7) It is unlawful for any adoptive parent or adoption
8 entity to obtain a preliminary home study or final home
9 investigation and fail to disclose the existence of the study
10 or investigation to the court when required by law to do so.
11 Section 32. Subsection (4) and paragraph (c) of
12 subsection (6) of section 63.213, Florida Statutes, are
13 amended to read:
14 63.213 Preplanned adoption agreement.--
15 (4) An attorney who represents an intended father and
16 intended mother or any other attorney with whom that attorney
17 is associated shall not represent simultaneously a female who
18 is or proposes to be a volunteer mother in the same any matter
19 relating to a preplanned adoption agreement or preplanned
20 adoption arrangement.
21 (6) As used in this section, the term:
22 (c) "Fertility technique" means artificial
23 embryonation or, artificial insemination, whether in vivo or
24 in vitro or, egg donation, or embryo adoption.
25 Section 33. Section 63.236, Florida Statutes, is
26 created to read:
27 63.236 Petitions filed before effective date;
28 governing law.--Any petition for termination of parental
29 rights filed before July 1, 2007, shall be governed by the law
30 in effect at the time the petition was filed.
31
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1 Section 34. Paragraph (a) of subsection (2), paragraph
2 (a) of subsection (3), and subsection (5) of section 409.166,
3 Florida Statutes, are amended to read:
4 409.166 Special needs children; subsidized adoption
5 program.--
6 (2) DEFINITIONS.--As used in this section, the term:
7 (a) "Special needs child" means a child whose
8 permanent custody has been awarded to the department, or to a
9 licensed child-placing agency, or to an adoption intermediary
10 and:
11 1. Who has established significant emotional ties with
12 his or her foster parents; or
13 2. Is not likely to be adopted because he or she is:
14 a. Eight years of age or older;
15 b. Mentally retarded;
16 c. Physically or emotionally handicapped;
17 d. Of black or racially mixed parentage; or
18 e. A member of a sibling group of any age, provided
19 two or more members of a sibling group remain together for
20 purposes of adoption.
21 (3) ADMINISTRATION OF PROGRAM.--
22 (a) The department shall establish and administer an
23 adoption program for special needs children to be carried out
24 by the department, or by contract with a licensed
25 child-placing agency, or by an adoption intermediary. The
26 program shall attempt to increase the number of persons
27 seeking to adopt special needs children and the number of
28 adoption placements and shall extend subsidies and services,
29 when needed, to the adopting parents of a special needs child.
30 (5) WAIVER OF ADOPTION FEES.--The adoption fees shall
31 be waived for all adoptive parents who participate in the
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1 program who adopt special needs children in the custody of the
2 department. Fees may be waived for families who adopt children
3 in the custody of a licensed child-placing agency agencies or
4 who adopt children through intermediary-placed independent
5 adoptions, and who receive or may be eligible for subsidies
6 through the department. Retroactive reimbursement of fees is
7 may not be required for families who adopt children in the
8 custody of licensed child-placing agencies.
9 Section 35. Paragraph (b) of subsection (5), paragraph
10 (b) of subsection (10), paragraph (b) of subsection (11), and
11 subsection (14) of section 409.176, Florida Statutes, are
12 amended to read:
13 409.176 Registration of residential child-caring
14 agencies and family foster homes.--
15 (5) The licensing provisions of s. 409.175 do not
16 apply to a facility operated by an organization that:
17 (b) Is certified by a Florida statewide child care
18 organization that which was in existence on January 1, 1984,
19 and that which publishes, and requires compliance with, its
20 standards and files copies of its standards thereof with the
21 department. These Such standards shall be in substantial
22 compliance with published minimum standards that similar
23 licensed child-caring agencies, licensed child-placing
24 agencies, or family foster homes are required to meet, as
25 determined by the department, with the exception of those
26 standards of a curricular or religious nature and those
27 relating to staffing or financial stability of licensed
28 child-caring agencies or family foster homes. Once the
29 department has determined that the standards for child-caring
30 agencies, child-placing agencies, or family foster homes are
31 in substantial compliance with minimum standards that similar
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1 facilities are required to meet, the standards need do not
2 have to be resubmitted to the department unless a change
3 occurs in the standards. Any changes in the standards shall be
4 provided to the department within 10 days after of their
5 adoption.
6 (10)
7 (b) The qualified association shall notify the
8 department when the qualified association finds, within 30
9 days after providing written notification by registered mail
10 of the requirement for registration, that a person or facility
11 is continuing continues to care for or place children without
12 a certificate of registration. The department shall notify the
13 appropriate state attorney of the violation of law and, if
14 necessary, shall institute a civil suit to enjoin the person
15 or facility from continuing the care or placement of children.
16 (11)
17 (b) If the department determines that a person or
18 facility is caring for or placing a child without a valid
19 certificate of registration issued by the qualified
20 association or has made a willful or intentional misstatement
21 on any registration application or other document required to
22 be filed in connection with an application for a certificate
23 of registration, the qualified association, as an alternative
24 to or in conjunction with an administrative action against the
25 such person or facility, shall make a reasonable attempt to
26 discuss each violation with, and recommend corrective action
27 to, the person or the administrator of the facility, prior to
28 written notification thereof.
29 (14) Registration under this section, including the
30 issue of substantial compliance with published minimum
31 standards that similar licensed child-caring facilities,
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1 licensed child-placing agencies, or family foster homes are
2 required to meet, as provided in paragraph (5)(b), is subject
3 to the provisions of chapter 120.
4 Section 36. Section 742.021, Florida Statutes, is
5 amended to read:
6 742.021 Venue, process, complaint.--The proceedings
7 shall be in the circuit court of the county where the
8 plaintiff resides or of the county where the defendant
9 resides. The complaint shall assert aver sufficient facts
10 charging the paternity of the child. Upon filing of a
11 complaint seeking to determine paternity, the clerk of court
12 shall issue a notice to be provided to each petitioner and to
13 each respondent along with service of the petition. The notice
14 shall be in substantially the following form:
15
16 In order to preserve the right to notice and consent to the
17 adoption of the child, an unmarried biological father must, as
18 the "registrant," file a notarized claim of paternity form
19 with the Florida Putative Father Registry maintained by the
20 Office of Vital Statistics of the Department of Health which
21 includes confirmation of his willingness and intent to support
22 the child for whom paternity is claimed in accordance with
23 state law. The claim of paternity may be filed at any time
24 prior to the child's birth, but a claim of paternity may not
25 be filed after the date a petition is filed for termination of
26 parental rights.
27
28 Process served on directed to the defendant shall issue
29 forthwith requiring the defendant to file written defenses to
30 the complaint in the same manner as suits in chancery. Upon
31 application and proof under oath, the court may issue a writ
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1 of ne exeat against the defendant on such terms and conditions
2 and conditioned upon bond in such amount as the court may
3 determine.
4 Section 37. Subsection (1) of section 742.10, Florida
5 Statutes, is amended to read:
6 742.10 Establishment of paternity for children born
7 out of wedlock.--
8 (1) Except as provided chapters 39 and 63, this
9 chapter provides the primary jurisdiction and procedures for
10 the determination of paternity for children born out of
11 wedlock. When the establishment of paternity has been raised
12 and determined within an adjudicatory hearing brought under
13 the statutes governing inheritance, or dependency under
14 workers' compensation or similar compensation programs, or
15 when an affidavit acknowledging paternity or a stipulation of
16 paternity is executed by both parties and filed with the clerk
17 of the court, or when an affidavit, a notarized voluntary
18 acknowledgment of paternity, or a voluntary acknowledgment of
19 paternity that is witnessed by two individuals and signed
20 under penalty of perjury as provided for in s. 382.013 or s.
21 382.016 is executed by both parties, or when paternity is
22 adjudicated by the Department of Revenue as provided in s.
23 409.256, such adjudication, affidavit, or acknowledgment
24 constitutes the establishment of paternity for purposes of
25 this chapter. If no adjudicatory proceeding was held, a
26 notarized voluntary acknowledgment of paternity or voluntary
27 acknowledgment of paternity that is witnessed by two
28 individuals and signed under penalty of perjury as specified
29 by s. 92.525(2) shall create a rebuttable presumption, as
30 defined by s. 90.304, of paternity and is subject to the right
31 of any signatory to rescind the acknowledgment within 60 days
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Florida Senate - 2007 SB 2030
34-692A-07
1 after the date the acknowledgment was signed or the date of an
2 administrative or judicial proceeding relating to the child,
3 including a proceeding to establish a support order, in which
4 the signatory is a party, whichever is earlier. Both parents
5 must provide their social security numbers on any
6 acknowledgment of paternity, consent affidavit, or stipulation
7 of paternity. Except for affidavits under seal pursuant to ss.
8 382.015 and 382.016, the Office of Vital Statistics shall
9 provide certified copies of affidavits to the Title IV-D
10 agency upon request.
11 Section 38. This act shall take effect July 1, 2007.
12
13 *****************************************
14 SENATE SUMMARY
15 Modifies current statutes relating to the termination of
parental rights, adoptions, and paternity procedures.
16 Requires that information relating to the child be
disclosed to prospective adoptive parents. Modifies
17 procedures and timetables for unmarried fathers to
register in the Florida Putative Father Registry and for
18 conducting searches of the registry. Revises procedures
for terminating parental rights including venue, notice,
19 service of process, affidavits, and the conditions for
certain court judgments. Revises conditions for making a
20 finding of abandonment. Revises requirements regarding
who may perform a home study for adoption. Exempts
21 certain fees and costs from the requirement of court
approval. Revises procedures and requirements relating to
22 adoptions including venue, withdrawing consent, the
filing and content of petitions and affidavits,
23 timeframes for submitting reports, the filing of joint
petitions, the effect of failing to appear, the
24 disclosure of confidential information, the recognition
of adoptions performed in other states and countries, and
25 the participation of adoption intermediaries in the
adoption of special needs children. Revises provisions
26 relating to the determination of paternity.
27
28
29
30
31
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