Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS/HB 7013, 1st Eng.
       
       
       
       
       
       
                                Ì274192.Î274192                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/F/2R          .                                
             04/08/2015 05:51 PM       .                                
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       Senator Stargel moved the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Between lines 192 and 193
    4  insert:
    5         (5) No person shall be eligible to adopt under this section
    6  if the person has ever been determined by a court to be a sexual
    7  predator as defined in s. 775.21, designated as a sexual
    8  offender under s. 943.0435(1)(a)1., convicted of an offense
    9  listed in 63.089(4)(b)2. in this state or a similar offense in
   10  another jurisdiction, or convicted of an offense listed in s.
   11  943.0435(1)(a)1.a.(I) in this state or a similar offense in
   12  another jurisdiction.
   13         Section 3. Section 63.092, Florida Statutes, is amended to
   14  read:
   15         63.092 Report to the court of intended placement by an
   16  adoption entity; at-risk placement; preliminary study.—
   17         (1) REPORT TO THE COURT.—The adoption entity must report
   18  any intended placement of a minor for adoption with any person
   19  who is not a relative or a stepparent if the adoption entity
   20  participates in the intended placement. The report must be made
   21  to the court before the minor is placed in the home or within 2
   22  business days thereafter.
   23         (2) AT-RISK PLACEMENT.—If the minor is placed in the
   24  prospective adoptive home before the parental rights of the
   25  minor’s parents are terminated under s. 63.089, the placement is
   26  an at-risk placement. If the placement is an at-risk placement,
   27  the prospective adoptive parents must acknowledge in writing
   28  before the minor may be placed in the prospective adoptive home
   29  that the placement is at risk. The prospective adoptive parents
   30  shall be advised by the adoption entity, in writing, that the
   31  minor is subject to removal from the prospective adoptive home
   32  by the adoption entity or by court order at any time prior to
   33  the finalization of the adoption.
   34         (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
   35  intended adoptive home, a preliminary home study must be
   36  performed by a licensed child-placing agency, a child-caring
   37  agency registered under s. 409.176, a licensed professional, or
   38  an agency described in s. 61.20(2), unless the adoptee is an
   39  adult or the petitioner is a stepparent or a relative. If the
   40  adoptee is an adult or the petitioner is a stepparent or a
   41  relative, a preliminary home study may be required by the court
   42  for good cause shown. The department is required to perform the
   43  preliminary home study only if there is no licensed child
   44  placing agency, child-caring agency registered under s. 409.176,
   45  licensed professional, or agency described in s. 61.20(2), in
   46  the county where the prospective adoptive parents reside. The
   47  preliminary home study must be made to determine the suitability
   48  of the intended adoptive parents and may be completed prior to
   49  identification of a prospective adoptive minor. A favorable
   50  preliminary home study is valid for 1 year after the date of its
   51  completion. Upon its completion, a signed copy of the home study
   52  must be provided to the intended adoptive parents who were the
   53  subject of the home study. A minor may not be placed in an
   54  intended adoptive home before a favorable preliminary home study
   55  is completed unless the adoptive home is also a licensed foster
   56  home under s. 409.175. The preliminary home study must include,
   57  at a minimum:
   58         (a) An interview with the intended adoptive parents;
   59         (b) Records checks of the department’s central abuse
   60  registry and criminal records correspondence checks under s.
   61  39.0138 through the Department of Law Enforcement on the
   62  intended adoptive parents;
   63         (c) An assessment of the physical environment of the home;
   64         (d) A determination of the financial security of the
   65  intended adoptive parents;
   66         (e) Documentation of counseling and education of the
   67  intended adoptive parents on adoptive parenting;
   68         (f) Documentation that information on adoption and the
   69  adoption process has been provided to the intended adoptive
   70  parents;
   71         (g) Documentation that information on support services
   72  available in the community has been provided to the intended
   73  adoptive parents; and
   74         (h) A copy of each signed acknowledgment of receipt of
   75  disclosure required by s. 63.085.
   76  
   77  If the preliminary home study is favorable, a minor may be
   78  placed in the home pending entry of the judgment of adoption. A
   79  minor may not be placed in the home if the preliminary home
   80  study is unfavorable. If the preliminary home study is
   81  unfavorable, the adoption entity may, within 20 days after
   82  receipt of a copy of the written recommendation, petition the
   83  court to determine the suitability of the intended adoptive
   84  home. A determination as to suitability under this subsection
   85  does not act as a presumption of suitability at the final
   86  hearing. In determining the suitability of the intended adoptive
   87  home, the court must consider the totality of the circumstances
   88  in the home. A minor may not be placed in a home in which there
   89  resides any person determined by the court to be a sexual
   90  predator as defined in s. 775.21, any person who has ever been
   91  designated as a sexual offender under s. 943.0435(1)(a)1., or
   92  any person who has to have been convicted of an offense listed
   93  in s. 63.089(4)(b)2., or s. 943.0435(1)(a)1.a.(I), in this state
   94  or a similar offense in another jurisdiction.
   95         Section 4. For the purpose of incorporating the amendment
   96  made by this act to section 63.092, Florida Statutes, in a
   97  reference thereto, subsection (2) of section 63.052, Florida
   98  Statutes, is reenacted to read:
   99         63.052 Guardians designated; proof of commitment.—
  100         (2) For minors who have been voluntarily surrendered to an
  101  intermediary through an execution of a consent to adoption, the
  102  intermediary shall be responsible for the minor until the time a
  103  court orders preliminary approval of placement of the minor in
  104  the prospective adoptive home, after which time the prospective
  105  adoptive parents shall become guardians pending finalization of
  106  adoption, subject to the intermediary’s right and responsibility
  107  to remove the child from the prospective adoptive home if the
  108  removal is deemed by the intermediary to be in the best
  109  interests of the child. The intermediary may not remove the
  110  child without a court order unless the child is in danger of
  111  imminent harm. The intermediary does not become responsible for
  112  the minor child’s medical bills that were incurred before taking
  113  physical custody of the child after the execution of adoption
  114  consents. Prior to the court’s entry of an order granting
  115  preliminary approval of the placement, the intermediary shall
  116  have the responsibility and authority to provide for the needs
  117  and welfare of the minor. A minor may not be placed in a
  118  prospective adoptive home until that home has received a
  119  favorable preliminary home study, as provided in s. 63.092,
  120  completed and approved within 1 year before such placement in
  121  the prospective home. The provisions of s. 627.6578 shall remain
  122  in effect notwithstanding the guardianship provisions in this
  123  section.
  124         Section 5. For the purpose of incorporating the amendment
  125  made by this act to section 63.092, Florida Statutes, in a
  126  reference thereto, subsection (7) of section 63.062, Florida
  127  Statutes, is reenacted to read:
  128         63.062 Persons required to consent to adoption; affidavit
  129  of nonpaternity; waiver of venue.—
  130         (7) If parental rights to the minor have previously been
  131  terminated, the adoption entity with which the minor has been
  132  placed for subsequent adoption may provide consent to the
  133  adoption. In such case, no other consent is required. The
  134  consent of the department shall be waived upon a determination
  135  by the court that such consent is being unreasonably withheld
  136  and if the petitioner has filed with the court a favorable
  137  preliminary adoptive home study as required under s. 63.092.
  138         Section 6. For the purpose of incorporating the amendment
  139  made by this act to section 63.092, Florida Statutes, in a
  140  reference thereto, paragraph (c) of subsection (2) of section
  141  63.097, Florida Statutes, is reenacted to read:
  142         63.097 Fees.—
  143         (2) The following fees, costs, and expenses may be assessed
  144  by the adoption entity or paid by the adoption entity on behalf
  145  of the prospective adoptive parents:
  146         (c) Expenses necessary to comply with the requirements of
  147  this chapter, including, but not limited to, service of process
  148  under s. 63.088, investigator fees, a diligent search under s.
  149  63.088, a preliminary home study under s. 63.092, and a final
  150  home investigation under s. 63.125.
  151         Section 7. For the purpose of incorporating the amendment
  152  made by this act to section 63.092, Florida Statutes, in a
  153  reference thereto, paragraph (b) of subsection (2) of section
  154  63.112, Florida Statutes, is reenacted to read:
  155         63.112 Petition for adoption; description; report or
  156  recommendation, exceptions; mailing.—
  157         (2) The following documents are required to be filed with
  158  the clerk of the court at the time the petition is filed:
  159         (b) The favorable preliminary home study of the department,
  160  licensed child-placing agency, or professional pursuant to s.
  161  63.092, as to the suitability of the home in which the minor has
  162  been placed, unless the petitioner is a stepparent or a
  163  relative.
  164         Section 8. For the purpose of incorporating the amendment
  165  made by this act to section 63.092, Florida Statutes, in a
  166  reference thereto, subsection (1) of section 63.125, Florida
  167  Statutes, is reenacted to read:
  168         63.125 Final home investigation.—
  169         (1) The final home investigation must be conducted before
  170  the adoption becomes final. The investigation may be conducted
  171  by a licensed child-placing agency or a professional in the same
  172  manner as provided in s. 63.092 to ascertain whether the
  173  adoptive home is a suitable home for the minor and whether the
  174  proposed adoption is in the best interest of the minor. Unless
  175  directed by the court, an investigation and recommendation are
  176  not required if the petitioner is a stepparent or if the minor
  177  is related to one of the adoptive parents within the third
  178  degree of consanguinity. The department is required to perform
  179  the home investigation only if there is no licensed child
  180  placing agency or professional pursuant to s. 63.092 in the
  181  county in which the prospective adoptive parent resides.
  182  
  183  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  184  And the directory clause is amended as follows:
  185         Delete line 181
  186  and insert:
  187  (3), and a new subsection (4) and subsection (5) are added to
  188  that section, to read:
  189  ================= T I T L E  A M E N D M E N T ================
  190  And the title is amended as follows:
  191         Delete line 10
  192  and insert:
  193         desires to educate the adopted child at home;
  194         prohibiting certain individuals from adopting;
  195         amending s. 63.092, F.S.; revising the circumstances
  196         that preclude a minor from being placed in the home
  197         where certain persons reside; reenacting ss.
  198         63.052(2), 63.062(7), 63.097(2)(c), 63.112(2)(b), and
  199         63.125(1), F.S., relating to guardians designated and
  200         proof of commitment; persons required to consent to
  201         adoption, affidavit of nonpaternity, and waiver of
  202         venue; fees; petition for adoption, description,
  203         report or recommendations, exceptions, and mailings;
  204         and final home investigations, respectively, to
  205         incorporate the amendment made to s. 63.092, F.S., in
  206         references thereto; amending