The Florida Senate

63.039  Duty of adoption entity to prospective adoptive parents; sanctions.--

(1)  An adoption entity placing a minor for adoption has an affirmative duty to follow the requirements of this chapter and specifically the following provisions, which protect and promote the well-being of persons being adopted and their parents and prospective adoptive parents by promoting certainty, finality, and permanency for such persons. The adoption entity must:

(a)  Provide written initial disclosure to the prospective adoptive parent at the time and in the manner required under s. 63.085

(b)  Provide written initial and postbirth disclosure to the parent at the time and in the manner required under s. 63.085

(c)  When a written consent for adoption is obtained, obtain the consent at the time and in the manner required under s. 63.082

(d)  When a written consent or affidavit of nonpaternity for adoption is obtained, obtain a consent to adoption or affidavit of nonpaternity that contains the language required under s. 63.062 or s. 63.082

(e)  Include in the petition to terminate parental rights pending adoption all information required under s. 63.087(6)(e) and (f).

(f)  Obtain and file the affidavit of inquiry pursuant to s. 63.088(3), if the required inquiry is not conducted orally in the presence of the court.

(g)  When the identity of a person whose consent to adoption is necessary under this chapter is known but the location of such a person is unknown, conduct the diligent search and file the affidavit required under s. 63.088(4).

(h)  Serve the petition and notice of hearing to terminate parental rights pending adoption at the time and in the manner required by s. 63.088

(i)  Obtain the written waiver of venue required under s. 63.062 in cases involving a child younger than 6 months of age in which venue for the termination of parental rights will be located in a county other than the county where the parent whose rights are to be terminated resides.

(2)  If a court finds that a consent to adoption or an affidavit of nonpaternity taken under this chapter was obtained by fraud or under duress attributable to the adoption entity, the court must award all sums paid by the prospective adoptive parents or on their behalf in anticipation of or in connection with the adoption. The court may also award reasonable attorney's fees and costs incurred by the prospective adoptive parents in connection with the adoption and any litigation related to placement or adoption of a minor. The court must award reasonable attorney's fees and costs, if any, incurred by the person whose consent or affidavit was obtained by fraud or under duress. Any award under this subsection to the prospective adoptive parents or to the person whose consent or affidavit was obtained by fraud or under duress must be paid directly to them by the adoption entity or by any applicable insurance carrier on behalf of the adoption entity.

(3)  If a person whose consent to an adoption is required under s. 63.062 prevails in an action to set aside a judgment terminating parental rights pending adoption, or a judgment of adoption, the court must award reasonable attorney's fees and costs to the prevailing party. An award under this subsection must be paid by the adoption entity or by any applicable insurance carrier on behalf of the adoption entity if the court finds that the acts or omissions of the entity were the basis for the court's order granting relief to the prevailing party.

(4)  Within 30 days after the date that the order was issued, the clerk of the court must forward to:

(a)  The Florida Bar any order that imposes sanctions under this section against an attorney acting as an adoption entity.

(b)  The Department of Children and Family Services any order that imposes sanctions under this section against a licensed child-placing agency or a child-placing agency licensed in another state that is qualified by the department.

(c)  The entity under s. 409.176 that certifies child-caring agencies any order that imposes sanctions under this section against a child-caring agency registered under s. 409.176

History.--s. 9, ch. 2001-3.