The Florida Senate

63.052  Guardians designated; proof of commitment.--

(1)  For minors who have been placed for adoption with and permanently committed to an agency as defined in s. 63.032 or a child-caring agency registered under s. 409.176, such agency shall be the guardian of the person of the minor; for those who have been placed for adoption with and permanently committed to the department, the department shall be the guardian of the person of the minor.

(2)  For minors who have been voluntarily surrendered to an intermediary through an execution of consent to adoption, the intermediary shall be responsible for the minor until the time a court orders preliminary approval of placement of the minor in the prospective adoptive home, at which time the prospective adoptive parents become guardians pending finalization of adoption. Until a court has terminated parental rights pending adoption and has ordered preliminary approval of placement of the minor in the adoptive home, the minor must be placed in the care of a relative as defined in s. 39.01, in foster care as defined in s. 39.01, or in the care of a prospective adoptive home. No minor shall be placed in a prospective adoptive home until that home has received a favorable preliminary home study by a licensed child-placing agency, a licensed professional, or an agency, as provided in s. 63.092, within 1 year before such placement in the prospective home. Temporary placement in the prospective home with the prospective adoptive parents does not give rise to a presumption that the parental rights of the parents will subsequently be terminated. For minors who have been placed for adoption with or voluntarily surrendered to an agency, but have not been permanently committed to the agency, the agency shall have the responsibility and authority to provide for the needs and welfare for such minors. For those minors placed for adoption with or voluntarily surrendered to the department, but not permanently committed to the department, the department shall have the responsibility and authority to provide for the needs and welfare for such minors. The adoption entity may authorize all appropriate medical care for a minor who has been placed for adoption with or voluntarily surrendered to the adoption entity. The provisions of s. 627.6578 shall remain in effect notwithstanding the guardianship provisions in this section.

(3)  If a minor is surrendered to an intermediary for subsequent adoption and a suitable prospective adoptive home is not available pursuant to s. 63.092 at the time the minor is surrendered to the intermediary or, if the minor is a newborn admitted to a licensed hospital or birth center, at the time the minor is discharged from the hospital or birth center, the minor must be placed in foster care until such a suitable prospective adoptive home is available.

(4)  If a minor is voluntarily surrendered to an adoption entity for subsequent adoption and the adoption does not become final within 180 days, the adoption entity must report to the court on the status of the minor and the court may at that time proceed under s. 39.701 or take action reasonably necessary to protect the best interest of the minor.

(5)  The recital in the written consent given by the department that the minor sought to be adopted has been permanently committed to the department shall be prima facie proof of such commitment. The recital in the written consent given by a licensed child-placing agency or the declaration in an answer or recommendation filed by a licensed child-placing agency that the minor has been permanently committed and the child-placing agency is duly licensed by the department shall be prima facie proof of such commitment and of such license.

(6)  Unless otherwise authorized by law, the department is not responsible for expenses incurred by other adoption entities participating in placement of a minor for the purposes of adoption.

(7)  The court retains jurisdiction of a minor who has been placed for adoption until the adoption is final. After a minor is placed with an adoption entity or prospective adoptive parent, the court may review the status of the minor and the progress toward permanent adoptive placement. As part of this continuing jurisdiction, for good cause shown by a person whose consent to an adoption is required under s. 63.062, the adoption entity, the parents, persons having legal custody of the minor, persons with custodial or visitation rights to the minor, persons entitled to notice pursuant to the Uniform Child Custody Jurisdiction Act or the Indian Child Welfare Act, or upon the court's own motion, the court may review the appropriateness of the adoptive placement of the minor.

History.--s. 5, ch. 73-159; s. 15, ch. 77-147; s. 3, ch. 80-296; s. 5, ch. 92-96; s. 125, ch. 98-403; s. 12, ch. 2001-3.