HB 601 — Adoption Proceedings

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 601 2021 A bill to be entitled An act relating to adoption proceedings;

amending s.

63.082, F.S.;

providing that a stepparent or a relative of a minor are not exempted from a preliminary home study in certain situations;

Subsections (5) and (6) of section 39.812, Florida Statutes, are renumbered as subsections (6) and (7), respectively, subsection (4) and present subsection (5) of that section are amended, and a new subsection (5) is added to that section,Page to1 read:of 7 CODING:

39.812 Postdisposition relief;

petition for adoption.— (4) The court shall retain jurisdiction over any child Page 1 of 5 CODING:

hb0601-00hb0601-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 601 2021 placedsection, into theread: custody of the department until the child is adopted.

39.812 Postdisposition relief;

petition for adoption.— (4) The court shall retain jurisdiction over any child placed in the custody of the department until the child is adopted.

AThe courtdepartment's reviewdecision ofto suchdeny denialan mayapplication onlyto beadopt conducteda child is reviewable only as provided underin this paragraphsection and is not subject to chapter 120.

A denied applicant or any other party may file a motion to review the department's denial within 30 days after the dateissuance of the department's written notification of the denialdecision was sent to deny the applicant.application.

A denied applicant has standing under chapter 39 only toPage file2 theof motion7 toCODING: review in subparagraph 2.

Words stricken are deletions;

words underlined are additions.

hb0601-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 601 2021 to file the motion to review in subparagraph 2.

must allege Pagethat 2the ofdepartment 5unreasonably CODING:withheld its consent to the adoption and must request that the court allow the denied applicant to file a petition to adopt the child under chapter 63 without the department's consent.

Words stricken are deletions;

words underlined are additions.

hb0601-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 601 2021 that the department unreasonably withheld its consent to the adoption and must request that the court allow the denied applicant to file a petition to adopt the child under chapter 63 without the department's consent.

(5) When a licensed foster parent or court-ordered custodian has applied to adopt a child who has resided with the foster parent or custodian for at least 6 months and who has previously been permanently committed to the legal custody of the department and the department does not grant the application toPage adopt,3 the department may not, in the absence of a7 priorCODING: court order authorizing it to do so, remove the child from the foster home or custodian, except when:

(a) There is probable cause to believe that the child is Page 3 of 5 CODING:

hb0601-00hb0601-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 601 2021 atto imminentadopt, riskthe department may not, in the absence of abusea prior court order authorizing it to do so, remove the child from the foster home or neglect;custodian, except when:

(a) There is probable cause to believe that the child is at imminent risk of abuse or neglect;

63.085 and a form provided by the department whichPage details4 the social and medical history of the7 childCODING: and each parent and includes the social security number and date of birth for each parent, if such information is available or readily obtainable.

The prospective adoptive parents may not Page 4 of 5 CODING:

hb0601-00hb0601-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 601 2021 filewhich adetails petitionthe forsocial adoptionand untilmedical history of the judgmentchild terminatingand parentaleach rightsparent becomesand final.includes the social security number and date of birth for each parent, if such information is available or readily obtainable.

The prospective adoptive parents may not file a petition for adoption until the judgment terminating parental rights becomes final.

SectionPage 3.5 of 7 CODING:

Words stricken are deletions;

words underlined are additions.

hb0601-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 601 2021 Section 3.

Paragraph (b) of subsection (6) of section 63.082, Florida Statutes, is amended to read:

63.082 Execution of consent to adoption or affidavit of nonpaternity;

family social and medical history;

revocation of consent.— (6) (b) Upon execution of the consent of the parent, the adoption entity shall be permitted to intervene in the dependency case as a party in interest and must provide the court that acquired jurisdiction over the minor, pursuant to the shelter order or dependency petition filed by the department, a copy of the preliminary home study of the prospective adoptive parents and any other evidence of the suitability of the placement.

The preliminary home study must be maintained with strictest confidentiality within the dependency court file and the department's file.

A preliminary home study must be provided to the court in all cases in which an adoption entity has intervened pursuant to this section.

The exemption in s.

63.092(3) from the preliminary home study for a stepparent or relative does not apply if the minor is under the supervision of the department or is otherwise subject to the jurisdiction of the dependency court as a result of the filing of a shelter petition, dependency petition, or termination of parental rights petition under chapter 39.