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