Florida Senate - 2023                             CS for SB 1322
       
       
        
       By the Committee on Judiciary; and Senator Grall
       
       
       
       
       
       590-03529-23                                          20231322c1
    1                        A bill to be entitled                      
    2         An act relating to adoption; amending s. 63.082, F.S.;
    3         providing legislative findings and intent; specifying
    4         that certain adoption consents are valid, binding, and
    5         enforceable by the court; specifying that a consent to
    6         adoption is not valid during the pendency of a
    7         petition for termination of parental rights;
    8         authorizing the adoption entity to file a specified
    9         motion under certain circumstances; making technical
   10         changes; deleting a provision regarding the
   11         sufficiency of the home study provided by the adoption
   12         entity; requiring that an evidentiary hearing be
   13         granted if a certain motion is filed; specifying the
   14         determinations to be made at such hearing; providing a
   15         rebuttable presumption; requiring the court to grant
   16         party status to the current caregivers under certain
   17         circumstances; providing when such party status
   18         expires; requiring the intervening party to prove
   19         certain factors to rebut a certain presumption;
   20         revising the factors for a best interests
   21         consideration at a certain hearing; requiring the
   22         court to order the transfer of custody of the child to
   23         the adoptive parents under certain circumstances and
   24         in accordance with a certain transition plan;
   25         requiring certain disclosures related to the right to
   26         participate in a private adoption plan; amending s.
   27         63.087, F.S.; requiring the clerk of court to issue a
   28         separate case number for a petition for adoption and
   29         prohibiting such petition from being maintained in a
   30         specified court file; revising requirements for a
   31         petition for adoption; amending s. 63.122, F.S.;
   32         requiring that a certain notice of hearing be given as
   33         prescribed in the Florida Family Law Rules of
   34         Procedure; amending s. 63.132, F.S.; making technical
   35         changes; specifying that certain fees are hourly fees;
   36         amending s. 63.212, F.S.; providing that a person
   37         contemplating adoption of a child may make specified
   38         payments to the mother of the child for a specified
   39         period of time regardless of whether the medical needs
   40         of the mother require such support; requiring the
   41         Department of Children and Families to provide a
   42         certain list of child-caring and child-placing
   43         agencies to the Office of Program Policy Analysis and
   44         Government Accountability by a specified date;
   45         requiring certain child-caring and child-placing
   46         agencies to provide certain data to OPPAGA by a
   47         specified date; requiring OPAGGA to submit a specified
   48         report to the Legislature by a specified date;
   49         providing requirements for the report; providing an
   50         effective date.
   51          
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. Subsection (6) of section 63.082, Florida
   55  Statutes, is amended to read:
   56         63.082 Execution of consent to adoption or affidavit of
   57  nonpaternity; family social and medical history; revocation of
   58  consent.—
   59         (6)(a)1.The Legislature finds that there is a compelling
   60  state interest in ensuring that a child involved in chapter 39
   61  proceedings is served in a way that minimizes his or her trauma,
   62  provides safe placement, maintains continuity of bonded
   63  placements, and achieves permanency as soon as possible.
   64         2.The Legislature finds that the use of intervention in
   65  dependency cases for the purpose of adoption has the potential
   66  to be traumatic for a child in the dependency system and that
   67  the disruption of a stable and bonded long-term placement by a
   68  change of placement to a person or family with whom the child
   69  has no bond or connection may create additional trauma.
   70         3.The Legislature finds that the right of a parent to
   71  determine an appropriate placement for a child who has been
   72  found dependent is not absolute and must be weighed against
   73  other factors that take the child’s safety, well-being, and best
   74  interests into account.
   75         4.It is the intent of the Legislature to reduce the
   76  disruption of stable and bonded long-term placements that have
   77  been identified as prospective adoptive placements.
   78         (b) If a parent executes a consent for adoption of a child
   79  minor with an adoption entity or qualified prospective adoptive
   80  parents and the minor child is under the supervision of the
   81  department, or otherwise subject to the jurisdiction of the
   82  dependency court as a result of the entry of a shelter order or,
   83  a dependency petition, or a petition for termination of parental
   84  rights pursuant to chapter 39, but parental rights have not yet
   85  been terminated, the adoption consent is valid, binding, and
   86  enforceable by the court. A consent to adoption of a child with
   87  an adoption entity or qualified prospective adoptive parents is
   88  not valid if executed during the pendency of a petition for
   89  termination of parental rights pursuant to s. 39.802.
   90         (c)(b) Upon execution of the consent of the parent, the
   91  adoption entity may file a motion shall be permitted to
   92  intervene and change placement of the child in the dependency
   93  case as a party in interest and must provide the court that
   94  acquired jurisdiction over the child minor, pursuant to the
   95  shelter order or dependency petition filed by the department, a
   96  copy of the preliminary home study of the prospective adoptive
   97  parents selected by the parent or adoption entity and any other
   98  evidence of the suitability of the placement. The preliminary
   99  home study must be maintained with strictest confidentiality
  100  within the dependency court file and the department’s file. A
  101  preliminary home study must be provided to the court in all
  102  cases in which an adoption entity has been allowed to intervene
  103  intervened pursuant to this section. Unless the court has
  104  concerns regarding the qualifications of the home study
  105  provider, or concerns that the home study may not be adequate to
  106  determine the best interests of the child, the home study
  107  provided by the adoption entity shall be deemed to be sufficient
  108  and no additional home study needs to be performed by the
  109  department.
  110         (d)1.(c) If an adoption entity files a motion to intervene
  111  and change placement of the child in the dependency case in
  112  accordance with this chapter, the dependency court must shall
  113  promptly grant an evidentiary a hearing to determine whether:
  114         a. The adoption entity has filed the required documents to
  115  be allowed permitted to intervene;
  116         b.The preliminary home study is adequate and provides the
  117  information required to make a best interests determination; and
  118         c.The whether a change of placement of the child is in the
  119  best interests of the child.
  120         2. Absent good cause or mutual agreement of the parties,
  121  the final hearing on the motion to intervene and change
  122  placement the change of placement of the child must be held
  123  within 30 days after the filing of the motion, and a written
  124  final order shall be filed within 15 days after the hearing.
  125         (e)If the child has been in his or her current placement
  126  for at least 9 continuous months or 15 of the last 24 months
  127  immediately preceding the filing of the motion to intervene, and
  128  that placement is a prospective adoptive placement, there is a
  129  rebuttable presumption that the placement is stable and that it
  130  is in the child’s best interests to remain in that current
  131  stable placement. The court shall grant party status to the
  132  current caregiver who is a prospective adoptive placement for
  133  the limited purpose of filing motions and presenting evidence
  134  pursuant to this subsection. This limited party status expires
  135  upon the issuance of a final order on the motion to intervene
  136  and change of placement of the child. To rebut the presumption
  137  established in this paragraph, the intervening party must prove
  138  by clear and convincing evidence that it is in the best
  139  interests of the child to disrupt the current stable prospective
  140  adoptive placement using the factors set forth in paragraph (f)
  141  and any other factors that the court deems relevant.
  142         (d)If after consideration of all relevant factors,
  143  including those set forth in paragraph (e), the court determines
  144  that the prospective adoptive parents are properly qualified to
  145  adopt the minor child and that the adoption is in the best
  146  interests of the minor child, the court shall promptly order the
  147  transfer of custody of the minor child to the prospective
  148  adoptive parents, under the supervision of the adoption entity.
  149  The court may establish reasonable requirements for the transfer
  150  of custody in the transfer order, including a reasonable period
  151  of time to transition final custody to the prospective adoptive
  152  parents. The adoption entity shall thereafter provide monthly
  153  supervision reports to the department until finalization of the
  154  adoption. If the child has been determined to be dependent by
  155  the court, the department shall provide information to the
  156  prospective adoptive parents at the time they receive placement
  157  of the dependent child regarding approved parent training
  158  classes available within the community. The department shall
  159  file with the court an acknowledgment of the parent’s receipt of
  160  the information regarding approved parent training classes
  161  available within the community.
  162         (f)(e)At a hearing to determine In determining whether it
  163  is in the best interests of a child to change placement the
  164  child are served by transferring the custody of the minor child
  165  to the prospective adoptive parents parent selected by the
  166  parent or adoption entity, the court shall consider and weigh
  167  all relevant factors, including, but not limited to:
  168         1. The permanency offered by both the child’s current
  169  placement and the prospective adoptive placement selected by the
  170  parent or adoption entity;
  171         2. The established bond bonded relationship between the
  172  child and the current caregiver with whom the child is residing
  173  if that placement is a prospective adoptive placement in any
  174  potential adoptive home in which the child has been residing;
  175         3. The stability of the prospective adoptive placement
  176  potential adoptive home in which the child has been residing,
  177  which must be presumed stable if the placement meets the
  178  requirements of paragraph (e), as well as the desirability of
  179  maintaining continuity of placement;
  180         4. The importance of maintaining sibling relationships, if
  181  possible;
  182         5. The reasonable preferences and wishes of the child, if
  183  the court deems the child to be of sufficient maturity,
  184  understanding, and experience to express a preference;
  185         6. Whether a petition for termination of parental rights
  186  has been filed pursuant to s. 39.806(1)(f), (g), or (h);
  187         7. What is best for the child; and
  188         7.8. The right of the parent to determine an appropriate
  189  placement for the child.
  190         (g)If after consideration of all relevant factors,
  191  including those set forth in paragraph (f), the court determines
  192  that the home study is adequate and provides the information
  193  necessary to make the determination that the prospective
  194  adoptive parents are properly qualified to adopt the child and
  195  that the change of placement is in the best interests of the
  196  child, the court must promptly order the change of placement to
  197  the prospective adoptive placement selected by the parent or
  198  adoption entity, under the supervision of the adoption entity,
  199  in accordance with a transition plan developed by the department
  200  in consultation with the current caregivers, the prospective
  201  adoptive parent, and the guardian ad litem, if one is appointed,
  202  to minimize the trauma of removal of the child from his or her
  203  current placement. The adoption entity must thereafter provide
  204  monthly supervision reports to the department until finalization
  205  of the adoption. If the child has been determined to be
  206  dependent by the court, the department must provide information
  207  to the prospective adoptive parents at the time they receive
  208  placement of the dependent child regarding approved parent
  209  training classes available within the community. The department
  210  must file with the court an acknowledgment of the prospective
  211  adoptive parents’ receipt of the information regarding approved
  212  parent training classes available within the community.
  213         (h)(f) The adoption entity is shall be responsible for
  214  keeping the dependency court informed of the status of the
  215  adoption proceedings at least every 90 days from the date of the
  216  order changing placement of the child until the date of
  217  finalization of the adoption.
  218         (i)(g)The parent who is a party to the dependency case
  219  must be provided written notice of his or her right to
  220  participate in a private adoption plan, including written notice
  221  of the factors identified in paragraph (f). This written notice
  222  must be provided with the petition for dependency filed pursuant
  223  to s. 39.501, in the order that adjudicates the child dependent
  224  issued pursuant to s. 39.507, in the order of disposition issued
  225  pursuant to s. 39.521 at the arraignment hearing held pursuant
  226  to s. 39.506, in the order that approves the case plan issued
  227  pursuant to s. 39.603, and in the order that changes the
  228  permanency goal to adoption issued pursuant to s. 39.621, the
  229  court shall provide written notice to the biological parent who
  230  is a party to the case of his or her right to participate in a
  231  private adoption plan including written notice of the factors
  232  provided in paragraph (e).
  233         Section 2. Subsection (3) and paragraph (e) of subsection
  234  (4) of section 63.087, Florida Statutes, are amended to read:
  235         63.087 Proceeding to terminate parental rights pending
  236  adoption; general provisions.—
  237         (3) PREREQUISITE FOR ADOPTION.—A petition for adoption may
  238  not be filed until after the date the court enters the judgment
  239  terminating parental rights pending adoption. The clerk of the
  240  court shall issue a separate case number and maintain a separate
  241  court file for a petition for adoption. A petition for adoption
  242  may not be maintained in the same court file as the proceeding
  243  to terminate parental rights. Adoptions of relatives, adult
  244  adoptions, or adoptions of stepchildren are not required to file
  245  a separate termination of parental rights proceeding pending
  246  adoption. In such cases, the petitioner may file a joint
  247  petition for termination of parental rights and adoption,
  248  attaching all required consents, affidavits, notices, and
  249  acknowledgments. Unless otherwise provided by law, this chapter
  250  applies to joint petitions.
  251         (4) PETITION.—
  252         (e) The petition must include:
  253         1. The child’s minor’s name, gender, date of birth, and
  254  place of birth. The petition must contain all names by which the
  255  child minor is or has been known, excluding the child’s minor’s
  256  prospective adoptive name but including the child’s minor’s
  257  legal name at the time of the filing of the petition. In the
  258  case of an infant child whose adoptive name appears on the
  259  original birth certificate, the adoptive name shall not be
  260  included in the petition, nor shall it be included elsewhere in
  261  the termination of parental rights proceeding.
  262         2. All information required by the Uniform Child Custody
  263  Jurisdiction and Enforcement Act and the Indian Child Welfare
  264  Act.
  265         3. A statement of the grounds under s. 63.089 upon which
  266  the petition is based.
  267         4. The name, address, and telephone number of any adoption
  268  entity seeking to place the child minor for adoption.
  269         5. The name, address, and telephone number of the division
  270  of the circuit court in which the petition is to be filed.
  271         6. A certification that the petitioner will comply of
  272  compliance with the requirements of s. 63.0425 regarding notice
  273  to grandparents of an impending adoption.
  274         7.A copy of the original birth certificate of the child,
  275  attached to the petition or filed with the court before the
  276  final hearing on the petition to terminate parental rights.
  277         Section 3. Subsection (2) of section 63.122, Florida
  278  Statutes, is amended to read:
  279         63.122 Notice of hearing on petition.—
  280         (2) Notice of hearing must be given as prescribed by the
  281  Florida Family Law Rules of Civil Procedure, and service of
  282  process must be made as specified by law for civil actions.
  283         Section 4. Subsections (1) and (3) of section 63.132,
  284  Florida Statutes, are amended to read:
  285         63.132 Affidavit of expenses and receipts.—
  286         (1) Before the hearing on the petition for adoption, the
  287  prospective adoptive parents parent and any adoption entity must
  288  file two copies of an affidavit under this section.
  289         (a) The affidavit must be signed by the adoption entity and
  290  the prospective adoptive parents. A copy of the affidavit must
  291  be provided to the adoptive parents at the time the affidavit is
  292  executed.
  293         (b) The affidavit must itemize all disbursements and
  294  receipts of anything of value, including professional and legal
  295  fees, made or agreed to be made by or on behalf of the
  296  prospective adoptive parents parent and any adoption entity in
  297  connection with the adoption or in connection with any prior
  298  proceeding to terminate parental rights which involved the child
  299  minor who is the subject of the petition for adoption. The
  300  affidavit must also include, for each hourly legal or counseling
  301  fee itemized, the service provided for which the hourly fee is
  302  being charged, the date the service was provided, the time
  303  required to provide the service if the service was charged by
  304  the hour, the person or entity that provided the service, and
  305  the hourly fee charged.
  306         (c) The affidavit must show any expenses or receipts
  307  incurred in connection with:
  308         1. The birth of the child minor.
  309         2. The placement of the child minor with the petitioner.
  310         3. The medical or hospital care received by the mother or
  311  by the child minor during the mother’s prenatal care and
  312  confinement.
  313         4. The living expenses of the birth mother. The living
  314  expenses must be itemized in detail to apprise the court of the
  315  exact expenses incurred.
  316         5. The services relating to the adoption or to the
  317  placement of the child minor for adoption that were received by
  318  or on behalf of the petitioner, the adoption entity, either
  319  parent, the child minor, or any other person.
  320  
  321  The affidavit must state whether any of these expenses were paid
  322  for by collateral sources, including, but not limited to, health
  323  insurance, Medicaid, Medicare, or public assistance.
  324         (3) The court must issue a separate order approving or
  325  disapproving the fees, costs, and expenses itemized in the
  326  affidavit. The court may approve only fees, costs, and
  327  expenditures allowed under s. 63.097. The court may reject in
  328  whole or in part any fee, cost, or expenditure listed if the
  329  court finds that the expense is any of the following:
  330         (a) Contrary to this chapter.;
  331         (b) Not supported by a receipt, if requested in the record,
  332  if the expense is not a fee of the adoption entity.; or
  333         (c) Not a reasonable fee or expense, considering the
  334  requirements of this chapter and the totality of the
  335  circumstances.
  336         Section 5. Paragraph (c) of subsection (1) of section
  337  63.212, Florida Statutes, is amended to read:
  338         63.212 Prohibited acts; penalties for violation.—
  339         (1) It is unlawful for any person:
  340         (c) To sell or surrender, or to arrange for the sale or
  341  surrender of, a child minor to another person for money or
  342  anything of value or to receive such minor child for such
  343  payment or thing of value. If a child minor is being adopted by
  344  a relative or by a stepparent, or is being adopted through an
  345  adoption entity, this paragraph does not prohibit the person who
  346  is contemplating adopting the child from paying, under ss.
  347  63.097 and 63.132, the actual prenatal care and living expenses
  348  of the mother of the child to be adopted, or from paying, under
  349  ss. 63.097 and 63.132, the actual living and medical expenses of
  350  such mother for a reasonable time, not to exceed 6 weeks, if
  351  medical needs require such support, after the birth of the child
  352  minor.
  353         Section 6. (1)On or before July 15, 2023, the Department
  354  of Children and Families shall provide to the Office of Program
  355  Policy Analysis and Government Accountability (OPPAGA) a list of
  356  all child-caring agencies registered under s. 409.176, Florida
  357  Statutes, and all child-placing agencies licensed under s.
  358  63.202, Florida Statutes, and contact information for each such
  359  agency.
  360         (2)On or before October 1, 2023, all registered child
  361  caring agencies and licensed child-placing agencies shall
  362  provide OPPAGA with data as requested by OPPAGA related to
  363  contact information for any intermediary adoption entities the
  364  agency contracts with, fees and compensation for any portion of
  365  adoption interventions the agency has been involved with, and
  366  related costs for adoption interventions initiated under chapter
  367  39, Florida Statutes.
  368         (3)By January 1, 2024, OPPAGA shall submit a report to the
  369  President of the Senate and the Speaker of the House of
  370  Representatives which examines the adoption process in this
  371  state. At a minimum, the report must include:
  372         (a)An update of OPPAGA Report No. 08-05 from January 2008
  373  and expanded analysis of time to permanency by adoption and
  374  barriers to timely permanency.
  375         (b)A general overview and analysis of adoptions under
  376  chapter 63, Florida Statutes, including adoptions of children
  377  outside of the child welfare system.
  378         (c)A national comparative analysis of state processes that
  379  allow private adoption entities to intervene or participate in
  380  dependency cases and requirements for such intervention or
  381  participation.
  382         (d)A national comparative analysis of statutory fee limits
  383  for adoption services when private adoption entities intervene
  384  in dependency cases, including attorney fees, recruitment fees,
  385  marketing fees, matching fees, and counseling fees.
  386         (e)A national comparative analysis of any regulations on
  387  marketing and client recruitment methods or strategies of
  388  private adoption entities in dependency cases.
  389         Section 7. This act shall take effect July 1, 2023.