HB 1377 — Adoption of Children in Dependency Court

revocation of consent.— (6)(a)(6)(a)1. If a parent executes a consent for adoption of a child minor with an adoption entity or qualified prospective adoptive parents and the minor child is under the supervision of the department, or otherwise subject to the jurisdiction of the dependency court as a result of the entry of a shelter order, a or dependency petition, or a petition for termination of parental rights pursuant to chapter 39, but parental rights have not yet been terminated, the adoption consent is valid, binding, Page 2of 10 CODING:

The Legislature finds that there is a compelling state interest in ensuring that a child involved in chapter 39 proceedings is served in a way that minimizes his or her trauma, provides safe placement, maintains continuity of bonded placements, and achieves permanency as soon as possible.

2.

The Legislature also finds that the use of intervention Page 3of 17 CODING:

hb1377-00hb1377-01-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 HB1377CS/HB1377 2023 in dependency cases for the purpose of adoption has the potential to be traumatic for a child in the dependency system and enforceablethat the disruption of a stable and bonded long-term placement by a change of placement to a person or family with whom the court.child has no bond or connection may create additional trauma for the child.

A3. consent to adoption of a child with an adoption entity or qualified prospective adoptive parents is not valid if executed after the filing of a petition for termination of parental rights pursuant to s.

The Legislature further finds that the right of a parent to determine an appropriate placement for a child who has been found dependent is not absolute and must be weighed against other factors that take the child's safety, well-being, and best interests into account.

4.

Therefore, it is the intent of the Legislature to reduce the disruption of stable and bonded long-term placements that have been identified as prospective adoptive placements.

(b) If a parent executes a consent for adoption of a child minor with an adoption entity or qualified prospective adoptive parents and the minor child is under the supervision of the department, or otherwise subject to the jurisdiction of the dependency court as a result of the entry of a shelter order, a dependency petition, or a petition for termination of parental rights pursuant to chapter 39, but parental rights have not yet been terminated, the adoption consent is valid, binding, and enforceable by the court.

For purposes of this subsection, a consent to adoption of a child with an adoption entity or qualified prospective adoptive parents is valid if executed Page 4of 17 CODING:

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hb1377-01-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/HB1377 2023 during the pendency of the chapter 39 proceeding up to and including the 30th day after the filing of the petition for termination of parental rights pursuant to s.

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

Absent good cause or mutual agreement of the parties, the final hearing on the motion to intervene and the change of placement of the child must be held within 30 days after the filing of the motion, and a written final order must be filed within 15 days after the hearing Unless the court has concerns regarding the qualifications of the home study provider, or concerns that the home study may not be adequate to determine the best interests of the child, the home study provided by the adoption entity shall be deemed to be sufficient Pageand 3ofno 10additional CODING:home study needs to be performed by the department.

(d)1.(c) If an adoption entity files a motion to intervene and change placement of the child in the dependency case in Page 5of 17 CODING:

hb1377-00hb1377-01-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 HB1377CS/HB1377 2023 andaccordance nowith additionalthis homechapter, studythe needsdependency court must shall promptly grant an evidentiary a hearing to bedetermine performedall byof the department.following:

(c)a. If a motion to intervene and the change of placement of the child by an adoption entity is filed files a motion to intervene in the dependency case in accordance with this chapter, the dependency court must shall promptly grant an evidentiary a hearing to determine whether:

1.If whether the adoption entity has filed the required documents to be allowed permitted to intervene.

The adoption entity has filed the required documents to be allowed permitted to intervene;

and 2.

The fee and compensation structure of the adoption entity creates any undue financial incentive for the parent to consent or for the adoption entity to intervene;

3.

The preliminary home study is adequate and provides the information required to make a best interests determination;

and 4.

The whether a change of placement of the child to the prospective adoptive family is in the best interests of the child.

Absent good cause or mutual agreement of the parties, the final hearing on the motion to intervene and the change of placement of the child must be held within 30 days after the filing of the motion, and a written final order shall be filed within 15 days after the hearing.

(d)1.a.

The Legislature finds that there is a compelling state interest to ensure that a child involved in chapter 39 proceedings is served in a way that minimizes his or her trauma, provides safe placement, maintains continuity of bonded Page 4of 10 CODING:

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hb1377-00 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 HB1377 2023 placements, and achieves permanency as soon as possible.

TheIf Legislature finds that the usepreliminary ofhome interventionstudy intois dependencyadequate casesand forprovides the purposeinformation ofrequired adoption has the potential to bemake traumatic for a childbest ininterests thedetermination. dependency system and that the disruption of a stable and bonded long-term placement and the change of placement to a person or family to whom the child has no bond or connection may create additional trauma.

TheIf Legislatureand findswhether thata thechange right of a parent to determine an appropriate placement forof athe child who has been found dependent is notin absolutethe andbest mustinterests beof weighed against other factors that take the child'schild. safety and well-being into account.

d.

It is the intent of the Legislature to reduce the disruption of stable and bonded long-term placements that have been identified as potential adoptive placements.

IfAbsent thegood childcause has been in his or hermutual currentagreement placement for at least 9 continuous months or 15 of the lastparties, 24the monthsfinal immediatelyhearing precedingon the filing of the motion to intervene and change placement the change of placement of the child andmust thatbe placementheld iswithin a30 prospectivedays adoptiveafter placement,the therefiling isof athe rebuttablemotion, presumptionand thata itwritten isfinal inorder theshall child'sbe bestfiled interestwithin to15 remaindays inafter histhe orhearing. her current placement.

(e) If the child has been in a prospective adoptive placement for at least 9 continuous months or 15 of the last 24 months immediately preceding the filing of the motion to intervene, there is a rebuttable presumption that the placement is stable and that it is in the child's best interests to remain in his or her current stable placement.

This limited party status Pageexpires 5ofupon 10the CODING:issuance of a final order on the motion to intervene and change of placement of the child.

To Page 6of 17 CODING:

hb1377-00hb1377-01-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 HB1377CS/HB1377 2023 expiresrebut upon the issuancepresumption ofestablished ain finalthis orderparagraph, on the motionintervening toparty intervenemust prove by clear and convincing evidence that it is in the changebest interests of the child to disrupt the current stable prospective adoptive placement ofusing the child.factors set forth in paragraph (f) and any other factors that the court deems relevant.

To(f)(d) rebutAt thea presumptionhearing establishedto determine if it is in thisIf subparagraph,after consideration of all relevant factors, including those set forth in paragraph (e), the interveningcourt partydetermines mustthat provethe byprospective competentadoptive andparents substantialare evidenceproperly qualified to adopt the minor child and that itthe adoption is in the best interests of the childminor tochild, disruptthe court shall promptly order the currenttransfer stableof custody of the minor child to the prospective adoptive placementparents, usingunder the factorssupervision setof forththe inadoption subparagraphentity. 3.

and any other factors the court deems relevant.

3.

In determining whether changing placement to the prospective adoptive parents selected by the parent or adoption entity is in the best interests of the child, the court shall consider and weigh all relevant factors, including, but not limited to:

a.

The permanency offered by each placement;

b.

The established bond between the child and the current caregiver with whom the child is residing if that placement is a potential adoptive home;

c.

The stability of the current placement if that placement is a potential adoptive home, as well as the desirability of maintaining continuity of that placement;

d.

The importance of maintaining sibling relationships, if possible;

e.

The reasonable preferences and wishes of the child, if the court deems the child to be of sufficient maturity, understanding, and experience to express a preference;

and Page 6of 10 CODING:

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hb1377-00 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 HB1377 2023 f.

The right of the parent to determine an appropriate placement for the child.

(e) If after consideration of all relevant factors, including those set forth in subparagraph (d)3.

paragraph (e), the court determines that the home study is adequate and provides the information necessary to determine that the prospective adoptive parents are properly qualified to adopt the minor child and that the change of placement adoption is in the best interests of the minor child, the court must shall promptly order the transfer of custody of the minor child to the prospective adoptive parents, under the supervision of the adoption entity, in accordance with a transition plan developed by the department in consultation with the caregivers of the current placement and the caregivers of the newly ordered placement to minimize the trauma of removal of the child from his or her current placement.

If the child has been determined to be dependent by the court, the department must shall provide information to the prospective adoptive parents at the time they receive placement of the dependent child regarding approved parent training classes available Pagewithin 7ofthe 10community. CODING:

The department shall file with the court an acknowledgment of the parent's receipt of the information Page 7of 17 CODING:

hb1377-00hb1377-01-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 HB1377CS/HB1377 2023 regarding approved parent training classes available within the community.

The(e) departmentIn shalldetermining filewhether withthe best interests of a child to change placement the courtchild anare acknowledgmentserved by transferring the custody of the minor child to the prospective adoptive parents'parents parent'sparent receiptselected ofby the informationparent regardingor approvedadoption parententity, trainingthe classescourt availableshall withinconsider and weigh all relevant factors, including, but not limited to, all of the community.following:

(e) In determining whether the best interests of the child are served by transferring the custody of the minor child to the prospective adoptive parent selected by the parent or adoption entity, the court shall consider and weigh all relevant factors, including, but not limited to:

The permanency offered;offered by both the child's current placement and the prospective adoptive placement selected by the parent or adoption entity.;

The established bond bonded relationship between the child and the current caregiver inwith anywhom potentialthe adoptivechild homeis inresiding whichif thethat childplacement hasis beena residing;prospective adoptive placement.

in any potential adoptive home in which the child has been residing;

The stability of the prospective adoptive placement potential adoptive home in which the child has been residingresiding, which must be presumed stable if the placement meets the requirements in paragraph (e), as well as the desirability of maintaining continuity of placement;placement.;

The importance of maintaining sibling relationships, if possible;possible.;

The reasonable preferences and wishes of the child, if the court deems the child to be of sufficient maturity, understanding, and experience to express a preference;preference.;

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hb1377-01-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/HB1377 2023 6.

39.806(1)(f), (g), or (h);(h).;

What is best for the child;child.;

The right of the parent to determine an appropriate Pageplacement 8offor 10the CODING:child.

(g)1.

If, after consideration of all relevant factors, including those set forth in paragraph (f), the court determines that the home study is adequate and provides the information necessary to make a determination that the prospective adoptive parents are properly qualified to adopt the child and that the change of placement is in the best interests of the child, the court must order the change of placement to the prospective adoptive placement selected by the parent or adoption entity, under the supervision of the adoption entity.

2.

The order must allow a reasonable period of time to transition placement of the child in accordance with a transition plan developed by the department in consultation with the current caregivers, the prospective adoptive parent, and the guardian ad litem, if one is appointed.

3.

The transition plan must be developed to minimize the trauma of removing the child from his or her current placement and take the needs of each child into account, including the child's age, relationships, bonds, and preferences.

4.

The adoption entity must thereafter provide monthly supervision reports to the department until finalization of the Page 9of 17 CODING:

hb1377-00hb1377-01-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 HB1377CS/HB1377 2023 placementadoption. for the child.

(f)If Thethe adoptionchild entityhas isbeen shalldetermined to be responsibledependent forby keeping the dependencycourt, courtthe informeddepartment ofmust theprovide statusinformation ofto the adoptionprospective proceedingsadoptive parents at least every 90 days from the datetime ofthey thereceive order changing placement of the dependent child untilregarding theapproved dateparent oftraining finalizationclasses ofavailable within the adoption.community.

(g)The Atdepartment must file with the arraignmentcourt hearingan heldacknowledgment pursuantof tothe s.prospective adoptive parents' receipt of the information regarding approved parent training classes available within the community.

39.506,(h)(f) inThe adoption entity is shall be responsible for keeping the dependency court informed of the status of the adoption proceedings at least every 90 days after from the date of the order thatchanging approvesplacement of the casechild planuntil pursuantthe todate s.of finalization of the adoption.

39.603,(i)(g) andThe inparent thewho orderis thata changesparty to the permanencydependency goalcase must be provided written notice of his or her right to participate in a private adoption pursuantplan, toincluding s.written notice of the factors set forth in paragraph (f).

39.621,This the court shall provide written notice tomust thebe biologicalprovided parentwith who is a party to the casepetition offor hisdependency orfiled herpursuant right to participates. in a private adoption plan including written notice of the factors set forth provided in subparagraph (d)3.

paragraph39.501, (e).in the order that adjudicates the child dependent issued pursuant to s.

39.507, in the order of disposition issued pursuant to s.

39.521 at the arraignment hearing held pursuant to s.

39.506, in the order that approves the case plan issued pursuant to s.

39.603, and in the order that changes the permanency goal to adoption issued pursuant to s.

39.621, the court shall provide written notice to the biological parent who Page 10 of17 CODING:

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hb1377-01-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/HB1377 2023 is a party to the case of his or her right to participate in a private adoption plan including written notice of the factors provided in paragraph (e).

TheSubsection Office(3) of Program Policy Analysis and Governmentparagraph Accountability(e) (OPPAGA)of shallsubsection conduct(4) a comparative analysis nationally of thesection state63.087, processesFlorida thatStatutes, alloware privateamended adoption entities to interveneread: or participate in dependency cases, including, at a minimum, processes and requirements for intervention or participation of private adoption entities in dependency cases;

any63.087 statutoryProceeding feeto limitsterminate forparental interventionrights adoptionpending services,adoption; including attorney fees, recruitment fees, marketing fees, matching fees, and counseling fees;

andgeneral anyprovisions.— regulations(3) onPREREQUISITE marketingFOR andADOPTION.—A clientpetition recruitmentfor methodsadoption ormay strategies.not be filed until after the date the court enters the judgment terminating parental rights pending adoption.

ByThe Julyclerk 15,of 2023, the Departmentcourt ofmust Childrenissue a separate case number and Pagemaintain 9ofa 10separate CODING:court file for a petition for adoption.

A petition for adoption may not be maintained in the same court file as the proceeding to terminate parental rights.

Adoptions of relatives, adult adoptions, or adoptions of stepchildren are not required to file a separate termination of parental rights proceeding pending adoption.

In such cases, the petitioner may file a joint petition for termination of parental rights and adoption, attaching all required consents, affidavits, notices, and acknowledgments.

Unless otherwise provided by law, this chapter applies to joint petitions.

(4) PETITION.— (e) The petition must include:

1.

The child's minor's name, gender, date of birth, and place of birth.

The petition must contain all names by which the Page 11 of17 CODING:

hb1377-00hb1377-01-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 HB1377CS/HB1377 2023 Familieschild shallminor provideis toor OPPAGAhas abeen listknown, ofexcluding allthe child-caringchild's agenciesminor's registeredprospective underadoptive s.name but including the child's minor's legal name at the time of the filing of the petition.

409.176,In Floridathe Statutes,case andof allan child-placinginfant agencieschild licensedwhose underadoptive s.name appears on the original birth certificate, the adoptive name shall not be included in the petition, nor shall it be included elsewhere in the termination of parental rights proceeding.

63.202,2. Florida Statutes, and contact information for each such agency.

ByAll Octoberinformation 1,required 2023, all registered child-caring agencies and licensed child-placing agencies shall provide OPPAGA with data as requested by OPPAGA related to contact information for any intermediary adoption entities the agencyUniform contractsChild with,Custody feesJurisdiction and compensationEnforcement forAct anyand portion of an intervention adoption the agencyIndian hasChild beenWelfare involvedAct. with, and related costs for adoption interventions initiated under chapter 39, Florida Statutes.

OPPAGA3. shall submit the analysis and report to the President of the Senate and the Speaker of the House of Representatives by January 1, 2024.

A statement of the grounds under s.

63.089 upon which the petition is based.

4.

The name, address, and telephone number of any adoption entity seeking to place the child minor for adoption.

5.

The name, address, and telephone number of the division of the circuit court in which the petition is to be filed.

6.

A certification that the petitioner will comply of compliance with the requirements of s.

63.0425 regarding notice to grandparents of an impending adoption.

7.

A copy of the original birth certificate of the child attached to the petition or filed with the court before the final hearing on the petition to terminate parental rights.

Subsection (2) of section 63.122, Florida Statutes, is amended to read:

63.122 Notice of hearing on petition.— Page 12 of17 CODING:

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hb1377-01-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/HB1377 2023 (2) Notice of hearing must be given as prescribed by the Florida Family Law Rules of Civil Procedure, and service of process must be made as specified by law for civil actions.

Section 4.

Subsections (1) and (3) of section 63.132, Florida Statutes, are amended to read:

63.132 Affidavit of expenses and receipts.— (1) Before the hearing on the petition for adoption, the prospective adoptive parents parent and any adoption entity must file two copies of an affidavit under this section.

(a) The affidavit must be signed by the adoption entity and the prospective adoptive parents.

A copy of the affidavit must be provided to the adoptive parents at the time the affidavit is executed.

(b) The affidavit must itemize all disbursements and receipts of anything of value, including professional and legal fees, made or agreed to be made by or on behalf of the prospective adoptive parents parent and any adoption entity in connection with the adoption or in connection with any prior proceeding to terminate parental rights which involved the child minor who is the subject of the petition for adoption.

The affidavit must also include, for each hourly legal or counseling fee itemized, the service provided for which the hourly fee is being charged, the date the service was provided, the time required to provide the service if the service was charged by the hour, the person or entity that provided the service, and Page 13 of17 CODING:

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hb1377-01-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/HB1377 2023 the hourly fee charged.

(c) The affidavit must show any expenses or receipts incurred in connection with:

1.

The birth of the child minor.

2.

The placement of the child minor with the petitioner.

3.

The medical or hospital care received by the mother or by the child minor during the mother's prenatal care and confinement.

4.

The living expenses of the birth mother.

The living expenses must be itemized in detail to apprise the court of the exact expenses incurred.

5.

The services relating to the adoption or to the placement of the child minor for adoption that were received by or on behalf of the petitioner, the adoption entity, either parent, the child minor, or any other person.

The affidavit must state whether any of these expenses were paid for by collateral sources, including, but not limited to, health insurance, Medicaid, Medicare, or public assistance.

(3) The court must issue a separate order approving or disapproving the fees, costs, and expenses itemized in the affidavit.

The court may approve only fees, costs, and expenditures allowed under s.

63.097.

The court may reject in whole or in part any fee, cost, or expenditure listed if the court finds that the expense is any of the following:

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hb1377-01-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/HB1377 2023 (a) Contrary to this chapter.;

(b) Not supported by a receipt, if requested in the record, if the expense is not a fee of the adoption entity.;

or (c) Not a reasonable fee or expense, considering the requirements of this chapter and the totality of the circumstances.

Section 5.

Paragraph (c) of subsection (1) of section 63.212, Florida Statutes, is amended to read:

63.212 Prohibited acts;

penalties for violation.— (1) It is unlawful for any person:

(c) To sell or surrender, or to arrange for the sale or surrender of, a child minor to another person for money or anything of value or to receive such minor child for such payment or thing of value.

If a child minor is being adopted by a relative or by a stepparent, or is being adopted through an adoption entity, this paragraph does not prohibit the person who is contemplating adopting the child from paying, under ss.

63.097 and 63.132, the actual prenatal care and living expenses of the mother of the child to be adopted, or from paying, under ss.

63.097 and 63.132, the actual living and medical expenses of such mother for a reasonable time, not to exceed 6 weeks, if medical needs require such support, after the birth of the child minor.

Section 6.

(1) On or before July 15, 2023, the Department of Children and Families shall provide to the Office of Program Page 15 of17 CODING:

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hb1377-01-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/HB1377 2023 Policy Analysis and Government Accountability (OPPAGA) a list of all residential child-caring agencies registered under s.

409.176, Florida Statutes, and all child-placing agencies licensed under s.

63.202, Florida Statutes, and the contact information for each such agency.

(2) On or before October 1, 2023, all registered child- caring agencies and all licensed child-placing agencies shall provide OPPAGA with data as requested by OPPAGA related to contact information for any intermediary adoption entities with which the agency contracts, any fees and compensation for any portion of adoption interventions in which the agency has been involved, and any related costs for adoption interventions initiated under chapter 39, Florida Statutes.

(3) By January 1, 2024, OPPAGA shall submit a report to the President of the Senate and the Speaker of the House of Representatives which examines the adoption process in this state.

At a minimum, the report must include:

(a) An update of OPPAGA Report No.

08-05 from January 2008 and an expanded analysis on how long the adoption process takes before a child reaches permanency and any barriers to timely permanency.

(b) A general overview and analysis of adoptions under chapter 63, Florida Statutes, including adoptions of children outside of the child welfare system.

(c) A national comparative analysis of state processes Page 16 of17 CODING:

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hb1377-01-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/HB1377 2023 that allow private adoption entities to intervene or participate in dependency cases and requirements for such intervention or participation.

(d) A national comparative analysis of statutory fee limits for adoption services when private adoption entities intervene in dependency cases, including attorney fees, recruitment fees, marketing fees, matching fees, and counseling fees.

(e) A national comparative analysis of any regulations on marketing and client recruitment methods or strategies of private adoption entities in dependency cases.

Section 7.

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