Florida Senate - 2023                                    SB 1322
       
       
        
       By Senator Grall
       
       
       
       
       
       29-01485-23                                           20231322__
    1                        A bill to be entitled                      
    2         An act relating to adoption of children in dependency
    3         court; amending s. 63.082, F.S.; specifying that
    4         certain adoption consents are valid, binding, and
    5         enforceable by the court; specifying that a consent to
    6         adoption is not valid after certain petitions for
    7         termination of parental rights have been filed; making
    8         technical changes; requiring that the final hearing on
    9         a motion to intervene and the change of placement of
   10         the child be held by a certain date; deleting a
   11         provision regarding the sufficiency of the home study
   12         provided by the adoption entity; requiring that an
   13         evidentiary hearing be granted if a certain motion to
   14         intervene is filed; specifying the determinations to
   15         be made at such hearing; providing legislative
   16         findings; providing a rebuttable presumption;
   17         requiring the court to grant party status to the
   18         current caregivers under certain circumstances;
   19         providing when such party status expires; specifying
   20         the factors for consideration to rebut the rebuttable
   21         presumption; requiring the court to order the transfer
   22         of custody of the child to the adoptive parents under
   23         certain circumstances and in accordance with a certain
   24         transition plan; conforming provisions to changes made
   25         by the act; requiring the Office of Program Policy
   26         Analysis and Government Accountability (OPPAGA) to
   27         conduct a certain analysis; requiring the Department
   28         of Children and Families to provide a certain list of
   29         child-caring and child-placing agencies to OPPAGA by a
   30         certain date; requiring certain child-caring and
   31         child-placing agencies to provide certain data to
   32         OPPAGA by a certain date; requiring OPPAGA to provide
   33         a certain analysis and report to the Legislature by a
   34         certain date; providing an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Subsection (6) of section 63.082, Florida
   39  Statutes, is amended to read:
   40         63.082 Execution of consent to adoption or affidavit of
   41  nonpaternity; family social and medical history; revocation of
   42  consent.—
   43         (6)(a) If a parent executes a consent for adoption of a
   44  child minor with an adoption entity or qualified prospective
   45  adoptive parents and the minor child is under the supervision of
   46  the department, or otherwise subject to the jurisdiction of the
   47  dependency court as a result of the entry of a shelter order, a
   48  or dependency petition, or a petition for termination of
   49  parental rights pursuant to chapter 39, but parental rights have
   50  not yet been terminated, the adoption consent is valid, binding,
   51  and enforceable by the court. A consent to adoption of a child
   52  with an adoption entity or qualified prospective adoptive
   53  parents is not valid if executed after the filing of a petition
   54  for termination of parental rights pursuant to s. 39.802.
   55         (b) Upon execution of the consent of the parent, the
   56  adoption entity may petition shall be permitted to intervene in
   57  the dependency case as a party of in interest and must provide
   58  the court that acquired jurisdiction over the child minor,
   59  pursuant to the shelter order or dependency petition filed by
   60  the department, a copy of the preliminary home study of the
   61  identified prospective adoptive parents and any other evidence
   62  of the suitability of the placement. The preliminary home study
   63  must be maintained with strictest confidentiality within the
   64  dependency court file and the department’s file. A preliminary
   65  home study must be provided to the court in all cases in which
   66  an adoption entity has been allowed to intervene intervened
   67  pursuant to this section. Absent good cause or mutual agreement
   68  of the parties, the final hearing on the motion to intervene and
   69  the change of placement of the child must be held within 30 days
   70  after the filing of the motion, and a written final order must
   71  be filed within 15 days after the hearing Unless the court has
   72  concerns regarding the qualifications of the home study
   73  provider, or concerns that the home study may not be adequate to
   74  determine the best interests of the child, the home study
   75  provided by the adoption entity shall be deemed to be sufficient
   76  and no additional home study needs to be performed by the
   77  department.
   78         (c) If a motion to intervene and the change of placement of
   79  the child by an adoption entity is filed files a motion to
   80  intervene in the dependency case in accordance with this
   81  chapter, the dependency court must shall promptly grant an
   82  evidentiary a hearing to determine whether:
   83         1. The adoption entity has filed the required documents to
   84  be allowed permitted to intervene; and
   85         2.The fee and compensation structure of the adoption
   86  entity creates any undue financial incentive for the parent to
   87  consent or for the adoption entity to intervene;
   88         3.The preliminary home study is adequate and provides the
   89  information required to make a best interests determination; and
   90         4.The whether a change of placement of the child to the
   91  prospective adoptive family is in the best interests of the
   92  child. Absent good cause or mutual agreement of the parties, the
   93  final hearing on the motion to intervene and the change of
   94  placement of the child must be held within 30 days after the
   95  filing of the motion, and a written final order shall be filed
   96  within 15 days after the hearing.
   97         (d)1.a.The Legislature finds that there is a compelling
   98  state interest to ensure that a child involved in chapter 39
   99  proceedings is served in a way that minimizes his or her trauma,
  100  provides safe placement, maintains continuity of bonded
  101  placements, and achieves permanency as soon as possible.
  102         b.The Legislature finds that the use of intervention into
  103  dependency cases for the purpose of adoption has the potential
  104  to be traumatic for a child in the dependency system and that
  105  the disruption of a stable and bonded long-term placement and
  106  the change of placement to a person or family to whom the child
  107  has no bond or connection may create additional trauma.
  108         c.The Legislature finds that the right of a parent to
  109  determine an appropriate placement for a child who has been
  110  found dependent is not absolute and must be weighed against
  111  other factors that take the child’s safety and well-being into
  112  account.
  113         d.It is the intent of the Legislature to reduce the
  114  disruption of stable and bonded long-term placements that have
  115  been identified as potential adoptive placements.
  116         2.If the child has been in his or her current placement
  117  for at least 9 continuous months or 15 of the last 24 months
  118  immediately preceding the filing of the motion to intervene and
  119  the change of placement of the child and that placement is a
  120  prospective adoptive placement, there is a rebuttable
  121  presumption that it is in the child’s best interest to remain in
  122  his or her current placement. The court shall grant party status
  123  to the current caregiver who is a prospective adoptive placement
  124  for the limited purpose of filing motions and presenting
  125  evidence pursuant to this subsection. This limited party status
  126  expires upon the issuance of a final order on the motion to
  127  intervene and the change of placement of the child. To rebut the
  128  presumption established in this subparagraph, the intervening
  129  party must prove by competent and substantial evidence that it
  130  is in the best interests of the child to disrupt the current
  131  stable prospective adoptive placement using the factors set
  132  forth in subparagraph 3. and any other factors the court deems
  133  relevant.
  134         3.In determining whether changing placement to the
  135  prospective adoptive parents selected by the parent or adoption
  136  entity is in the best interests of the child, the court shall
  137  consider and weigh all relevant factors, including, but not
  138  limited to:
  139         a. The permanency offered by each placement;
  140         b. The established bond between the child and the current
  141  caregiver with whom the child is residing if that placement is a
  142  potential adoptive home;
  143         c. The stability of the current placement if that placement
  144  is a potential adoptive home, as well as the desirability of
  145  maintaining continuity of that placement;
  146         d. The importance of maintaining sibling relationships, if
  147  possible;
  148         e. The reasonable preferences and wishes of the child, if
  149  the court deems the child to be of sufficient maturity,
  150  understanding, and experience to express a preference; and
  151         f.The right of the parent to determine an appropriate
  152  placement for the child.
  153         (e) If after consideration of all relevant factors,
  154  including those set forth in subparagraph (d)3. paragraph (e),
  155  the court determines that the home study is adequate and
  156  provides the information necessary to determine that the
  157  prospective adoptive parents are properly qualified to adopt the
  158  minor child and that the change of placement adoption is in the
  159  best interests of the minor child, the court must shall promptly
  160  order the transfer of custody of the minor child to the
  161  prospective adoptive parents, under the supervision of the
  162  adoption entity, in accordance with a transition plan developed
  163  by the department in consultation with the caregivers of the
  164  current placement and the caregivers of the newly ordered
  165  placement to minimize the trauma of removal of the child from
  166  his or her current placement. The court may establish reasonable
  167  requirements for the transfer of custody in the transfer order,
  168  including a reasonable period of time to transition final
  169  custody to the prospective adoptive parents. The adoption entity
  170  shall thereafter provide monthly supervision reports to the
  171  department until finalization of the adoption. If the child has
  172  been determined to be dependent by the court, the department
  173  must shall provide information to the prospective adoptive
  174  parents at the time they receive placement of the dependent
  175  child regarding approved parent training classes available
  176  within the community. The department shall file with the court
  177  an acknowledgment of the prospective adoptive parents’ parent’s
  178  receipt of the information regarding approved parent training
  179  classes available within the community.
  180         (e) In determining whether the best interests of the child
  181  are served by transferring the custody of the minor child to the
  182  prospective adoptive parent selected by the parent or adoption
  183  entity, the court shall consider and weigh all relevant factors,
  184  including, but not limited to:
  185         1. The permanency offered;
  186         2. The established bonded relationship between the child
  187  and the current caregiver in any potential adoptive home in
  188  which the child has been residing;
  189         3. The stability of the potential adoptive home in which
  190  the child has been residing as well as the desirability of
  191  maintaining continuity of placement;
  192         4. The importance of maintaining sibling relationships, if
  193  possible;
  194         5. The reasonable preferences and wishes of the child, if
  195  the court deems the child to be of sufficient maturity,
  196  understanding, and experience to express a preference;
  197         6. Whether a petition for termination of parental rights
  198  has been filed pursuant to s. 39.806(1)(f), (g), or (h);
  199         7. What is best for the child; and
  200         8. The right of the parent to determine an appropriate
  201  placement for the child.
  202         (f) The adoption entity is shall be responsible for keeping
  203  the dependency court informed of the status of the adoption
  204  proceedings at least every 90 days from the date of the order
  205  changing placement of the child until the date of finalization
  206  of the adoption.
  207         (g) At the arraignment hearing held pursuant to s. 39.506,
  208  in the order that approves the case plan pursuant to s. 39.603,
  209  and in the order that changes the permanency goal to adoption
  210  pursuant to s. 39.621, the court shall provide written notice to
  211  the biological parent who is a party to the case of his or her
  212  right to participate in a private adoption plan including
  213  written notice of the factors set forth provided in subparagraph
  214  (d)3. paragraph (e).
  215         Section 2. The Office of Program Policy Analysis and
  216  Government Accountability (OPPAGA) shall conduct a comparative
  217  analysis nationally of the state processes that allow private
  218  adoption entities to intervene or participate in dependency
  219  cases, including, at a minimum, processes and requirements for
  220  intervention or participation of private adoption entities in
  221  dependency cases; any statutory fee limits for intervention
  222  adoption services, including attorney fees, recruitment fees,
  223  marketing fees, matching fees, and counseling fees; and any
  224  regulations on marketing and client recruitment methods or
  225  strategies. By July 15, 2023, the Department of Children and
  226  Families shall provide to OPPAGA a list of all child-caring
  227  agencies registered under s. 409.176, Florida Statutes, and all
  228  child-placing agencies licensed under s. 63.202, Florida
  229  Statutes, and contact information for each such agency. By
  230  October 1, 2023, all registered child-caring agencies and
  231  licensed child-placing agencies shall provide OPPAGA with data
  232  as requested by OPPAGA related to contact information for any
  233  intermediary adoption entities the agency contracts with, fees
  234  and compensation for any portion of an intervention adoption the
  235  agency has been involved with, and related costs for adoption
  236  interventions initiated under chapter 39, Florida Statutes.
  237  OPPAGA shall submit the analysis and report to the President of
  238  the Senate and the Speaker of the House of Representatives by
  239  January 1, 2024.
  240         Section 3. This act shall take effect July 1, 2023.