Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 774
Ì383900|Î383900
LEGISLATIVE ACTION
Senate . House
Comm: WD .
01/22/2018 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Children, Families, and Elder Affairs (Bean)
recommended the following:
1 Senate Amendment to Amendment (820270) (with title
2 amendment)
3
4 Delete lines 572 - 573
5 and insert:
6 Section 8. Subsection (3) of section 63.092, Florida
7 Statutes, is amended to read:
8 63.092 Report to the court of intended placement by an
9 adoption entity; at-risk placement; preliminary study.—
10 (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
11 intended adoptive home, a preliminary home study must be
12 performed by a licensed child-placing agency, a child-caring
13 agency registered under s. 409.176, a licensed professional, or
14 an agency described in s. 61.20(2), unless the adoptee is an
15 adult or the petitioner is a stepparent or a relative. If the
16 adoptee is an adult or the petitioner is a stepparent or a
17 relative, a preliminary home study may be required by the court
18 for good cause shown. The department is required to perform the
19 preliminary home study only if there is no licensed child
20 placing agency, child-caring agency registered under s. 409.176,
21 licensed professional, or agency described in s. 61.20(2), in
22 the county where the prospective adoptive parents reside. The
23 preliminary home study must be made to determine the suitability
24 of the intended adoptive parents and may be completed prior to
25 identification of a prospective adoptive minor. A favorable
26 preliminary home study is valid for 1 year after the date of its
27 completion. Upon its completion, a signed copy of the home study
28 must be provided to the intended adoptive parents who were the
29 subject of the home study. A minor may not be placed in an
30 intended adoptive home before a favorable preliminary home study
31 is completed unless the adoptive home is also a licensed foster
32 home under s. 409.175. The preliminary home study must include,
33 at a minimum:
34 (a) An interview with the intended adoptive parents;
35 (b) Records checks of the department’s central abuse
36 registry, which the department shall provide to the entity
37 conducting the preliminary home study, and criminal records
38 correspondence checks under s. 39.0138 through the Department of
39 Law Enforcement on the intended adoptive parents;
40 (c) An assessment of the physical environment of the home;
41 (d) A determination of the financial security of the
42 intended adoptive parents;
43 (e) Documentation of counseling and education of the
44 intended adoptive parents on adoptive parenting as determined by
45 the entity conducting the preliminary home study. The department
46 shall not require training as specified in s. 409.175(14)for
47 cases involving children placed for adoption that are not in the
48 custody or control of the department;
49 (f) Documentation that information on adoption and the
50 adoption process has been provided to the intended adoptive
51 parents;
52 (g) Documentation that information on support services
53 available in the community has been provided to the intended
54 adoptive parents; and
55 (h) A copy of each signed acknowledgment of receipt of
56 disclosure required by s. 63.085.
57 If the preliminary home study is favorable, a minor may be
58 placed in the home pending entry of the judgment of adoption. A
59 minor may not be placed in the home if the preliminary home
60 study is unfavorable. If the preliminary home study is
61 unfavorable, the adoption entity may, within 20 days after
62 receipt of a copy of the written recommendation, petition the
63 court to determine the suitability of the intended adoptive
64 home. A determination as to suitability under this subsection
65 does not act as a presumption of suitability at the final
66 hearing. In determining the suitability of the intended adoptive
67 home, the court must consider the totality of the circumstances
68 in the home. A minor may not be placed in a home in which there
69 resides any person determined by the court to be a sexual
70 predator as defined in s. 775.21 or to have been convicted of an
71 offense listed in s. 63.089(4)(b)2.
72
73
74 ================= T I T L E A M E N D M E N T ================
75 And the title is amended as follows:
76 Delete line 609
77 and insert:
78 conforming cross-references; amending s. 63.092, F.S.;
79 requiring the Department of Children and Families to
80 release specified records to entities conducting
81 preliminary home studies; providing the department of
82 Children and Families shall not require specified
83 training for certain home studies; providing an
84 effective.
85