HB 1083 — Permanency for Children

hb1083-02-c2hb1083-01-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/CS/HB1083CS/HB1083 2024 (b)(5) AThe livingcourt relativeshall ofconduct eachadjudicatory parenthearings ofwithout thea child,jury unlessand aapply livingthe relativerules cannotof beevidence foundin afteruse ain diligentcivil searchcases, oradjourning inquiry.the hearings as necessary.

(c) The guardian ad litem for the child or the representative of the guardian ad litem program, if the program has been appointed.

(5) The court shall conduct adjudicatory hearings without a jury and apply the rules of evidence in use in civil cases, adjourning the hearings as necessary.

A disposition hearing must be scheduled no later than 30 days after the entry of the order, in which the Pagedepartment 9ofmust 33provide CODING:a case plan that identifies the permanency goal for the child to the court.

Reasonable efforts must be made to place the child in a timely manner in accordance with the permanency plan and to complete all steps necessary to finalize the permanent placement of the child.

Thereafter, until the adoption of the child is finalized or the child reaches the Page 9of 28 CODING:

hb1083-02-c2hb1083-01-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/CS/HB1083CS/HB1083 2024 departmentage of 18 years, whichever occurs first, the court must providehold ahearings caseevery plan6 thatmonths identifiesto review the permanencyprogress goalbeing formade thetoward childpermanency tofor the court.child.

Reasonable efforts must be made to place the child in a timely manner in accordance with the permanency plan and to complete all steps necessary to finalize the permanent placement of the child.

Thereafter, until the adoption of the child is finalized or the child reaches the age of 18 years, whichever occurs first, the court must hold hearings every 6 months to review the progress being made toward permanency for the child.

(c) If the court finds that the petitioner has not met the clear and convincing standard and that a preponderance of the evidence does not establish that the child does not have a parent or legal custodian capable of providing supervision or Pagecare, 10the of33court CODING:must enter a written order so finding and dismiss the petition.

(7) Within 30 days after an adjudicatory hearing on a petition for permanent commitment:

(a) If the court finds that the petitioner has met the clear and convincing standard, the court must enter a written Page 10 of28 CODING:

hb1083-02-c2hb1083-01-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/CS/HB1083CS/HB1083 2024 care,order thepermanently courtcommitting mustthe enterchild ato writtenthe ordercustody soof findingthe anddepartment dismissfor thepurposes petition.of adoption.

(7) Within 30 days after an adjudicatory hearing on a petition for permanent commitment:

(a) If the court finds that the petitioner has met the clear and convincing standard, the court must enter a written order permanently committing the child to the custody of the department for purposes of adoption.

The order does not bar the petitioner from filing a subsequent petition for Pagepermanent 11commitment of33based CODING:on newly discovered evidence that establishes that both parents of a child are deceased, or that the last known living parent is deceased, and that a legal custodian has not been appointed for the child through a probate or guardianship proceeding.

Section 4.

Subsection (7) is added to section 39.522, Page 11 of28 CODING:

hb1083-02-c2hb1083-01-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/CS/HB1083CS/HB1083 2024 permanentFlorida commitmentStatutes, basedto onread: newly discovered evidence that establishes that both parents of a child are deceased, or that the last known living parent is deceased, and that a legal custodian has not been appointed for the child through a probate or guardianship proceeding.

Section 4.

Subsection (7) is added to section 39.522, Florida Statutes, to read:

At the hearing, the court must Pagedetermine 12if of33the CODING:department has established probable cause to support the immediate removal of the child from his or her current placement.

The court may base its determination on a sworn petition or affidavit or on testimony and may hear all relevant and material evidence, including oral or written reports, to the extent of their probative value, even if such Page 12 of28 CODING:

hb1083-02-c2hb1083-01-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/CS/HB1083CS/HB1083 2024 determineevidence ifwould thenot departmentbe hascompetent establishedevidence probableat causean toadjudicatory supporthearing. the immediate removal of the child from his or her current placement.

The court may base its determination on a sworn petition or affidavit or on testimony and may hear all relevant and material evidence, including oral or written reports, to the extent of their probative value, even if such evidence would not be competent evidence at an adjudicatory hearing.

PageSection 135. of33 CODING:

Paragraph (a) of subsection (1) of section 39.6221, Florida Statutes, is amended to read:

39.6221 Permanent guardianship of a dependent child.— (1) If a court determines that reunification or adoption is not in the best interest of the child, the court may place the child in a permanent guardianship with a relative or other Page 13 of28 CODING:

hb1083-02-c2hb1083-01-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/CS/HB1083CS/HB1083 2024 Sectionadult 5.approved by the court if all of the following conditions are met:

Paragraph (a) of subsection (1) of section 39.6221, Florida Statutes, is amended to read:

39.6221 Permanent guardianship of a dependent child.— (1) If a court determines that reunification or adoption is not in the best interest of the child, the court may place the child in a permanent guardianship with a relative or other adult approved by the court if all of the following conditions are met:

Page(c) 14Participating of33in CODING:a program or activity designed to promote or eliminate barriers to employment;

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hb1083-02-c2 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/CS/HB1083 2024 (c) Participating in a program or activity designed to promote or eliminate barriers to employment;

AnyPage such14 barrierof28 toCODING: participation must be supported by documentation in the child's case file or school or medical records of a physical, intellectual, emotional, or psychiatric condition that impairs the child's ability to perform one or more life activities.

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hb1083-01-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/HB1083 2024 Any such barrier to participation must be supported by documentation in the child's case file or school or medical records of a physical, intellectual, emotional, or psychiatric condition that impairs the child's ability to perform one or more life activities.

Page39.812 15Postdisposition of33relief; CODING:

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

After custody of a child for subsequent adoption has been given to the department, the court has jurisdiction for the purpose of reviewing the status of the child and the progress Page 15 of28 CODING:

hb1083-02-c2hb1083-01-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/CS/HB1083CS/HB1083 2024 39.812being Postdispositionmade relief;toward permanent adoptive placement.

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

After custody of a child for subsequent adoption has been given to the department, the court has jurisdiction for the purpose of reviewing the status of the child and the progress being made toward permanent adoptive placement.

The motion to review must allege that the department unreasonably denied the Pageapplication 16to of33adopt CODING:and request that the court allow the denied applicant to file a petition to adopt the child under chapter 63 without the department's consent.

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hb1083-02-c2 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/CS/HB1083 2024 application to adopt and request that the court allow the denied applicant to file a petition to adopt the child under chapter 63 without the department's consent.

Such standing is terminatedPage upon16 theof28 entryCODING: of the court's order.

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hb1083-01-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/HB1083 2024 terminated upon the entry of the court's order.

(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 to adopt, the department may not, in the absence of a prior Page 17 of33of28 CODING:

hb1083-02-c2hb1083-01-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/CS/HB1083CS/HB1083 2024 (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 to adopt, the department may not, in the absence of a prior court order authorizing it to do so, remove the child from the foster home or custodian, except when:

Page63.062(7). 18 of33 CODING:

The petition must be accompanied by a statement, signed by the prospective adoptive parents, acknowledging receipt of all information required to be disclosed under s.

63.085 and a form provided by the department which details the social and medical history of the child and each parent and includes the social security number and date of birth for each Page 18 of28 CODING:

hb1083-02-c2hb1083-01-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/CS/HB1083CS/HB1083 2024 63.062(7).parent, if such information is available or readily obtainable.

The petition must be accompanied by a statement, signed by the prospective adoptive parents, acknowledging receipt of all information required to be disclosed under s.

63.085 and a form provided by the department which details the social and medical history of the child 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 types of postadoption services that were requested by the adoptive family and whether those services were provided Pageby 19the of33community-based CODING:care lead agency.;

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hb1083-02-c2 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/CS/HB1083 2024 by the community-based care lead agency.;

(b) The community-based care lead agency must report annually to the department on the outcomes achieved and recommendationsPage for19 improvementof28 underCODING: this subsection.

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hb1083-01-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/HB1083 2024 recommendations for improvement under this subsection.

Subsections (4) and (5) of section 63.093, PageFlorida 20Statutes, of33are CODING:amended, and subsection (6) is added to that section, to read:

63.093 Adoption of children from the child welfare system.— (4) Before a child is placed in an adoptive home, the community-based care lead agency or its subcontracted agency Page 20 of28 CODING:

hb1083-02-c2hb1083-01-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/CS/HB1083CS/HB1083 2024 Floridamust Statutes,complete arean amended,adoptive andhome subsectionstudy (6)of isa addedprospective toadoptive parent that section,includes toobservation, read:screening, and evaluation of the child and the prospective adoptive parent.

63.093 Adoption of children from the child welfare system.— (4) Before a child is placed in an adoptive home, the community-based care lead agency or its subcontracted agency must complete an adoptive home study of a prospective adoptive parent that includes observation, screening, and evaluation of the child and the prospective adoptive parent.

The community-based care lead Pageagency 21or of33its CODING:subcontracted agency must approve or deny the home study within 14 business days after receipt of the recommendation.

(6) The department shall adopt rules to eliminate duplicative practices and delays in the adoption home study process for a member of a uniformed service on active duty Page 21 of28 CODING:

hb1083-02-c2hb1083-01-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/CS/HB1083CS/HB1083 2024 agencyseeking orto itsadopt subcontractedin agencythe muststate, approveincluding, orbut denynot thelimited hometo, studyproviding withina 14credit businessfor daysadoption afterclasses receiptthat ofhave been taken in another state which substantially cover the recommendation.preservice training required under s.

(6) The department shall adopt rules to eliminate duplicative practices and delays in the adoption home study process for a member of a uniformed service on active duty seeking to adopt in the state, including, but not limited to, providing a credit for adoption classes that have been taken in another state which substantially cover the preservice training required under s.

or was at least 14 16 years of age and was adopted from foster care or placed with a court-approved dependency guardian after spending at least 6 Pagemonths 22in of33licensed CODING:care within the 12 months immediately preceding such placement or adoption;

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hb1083-02-c2 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/CS/HB1083 2024 months in licensed care within the 12 months immediately preceding such placement or adoption;

1003.4282, or its equivalent pursuantPage to22 s.of28 CODING:

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hb1083-01-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/HB1083 2024 pursuant to s.

Signed an agreement to allow the department and the Pagecommunity-based 23care of33lead CODING:agency access to school records.

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hb1083-02-c2 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/CS/HB1083 2024 community-based care lead agency access to school records.

b.Page 23 of28 CODING:

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hb1083-01-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/HB1083 2024 b.

adoption assistance program.— (4) ADOPTION ASSISTANCE.— (d) Effective January 1, 2019, adoption assistance Pagepayments 24may of33be CODING:made for a child whose adoptive parent entered into an initial adoption assistance agreement after the child reached 14 16 years of age but before the child reached 18 years of age.

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hb1083-02-c2 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/CS/HB1083 2024 payments may be made for a child whose adoptive parent entered into an initial adoption assistance agreement after the child reached 14 16 years of age but before the child reached 18 years of age.

Completing secondary education or a program leading to anPage equivalent24 credential;of28 CODING:

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hb1083-01-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/HB1083 2024 an equivalent credential;

Section 409.1664, Florida Statutes, is amended to read:

409.1664 Adoption benefits for qualifying adoptive employees of state agencies, veterans, servicemembers, and law enforcement officers, health care practitioners, and tax Page 25 of33 CODING:

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hb1083-02-c2 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/CS/HB1083 2024 collector employees.— (1) As used in this section, the term:

(a) "Child within the child welfare system" has the same meaning as provided in s.

409.166(2).

(b) "Health care practitioner" means a person listed in s.

456.001(4) who holds an active license from the Department of Health and whose gross income does not exceed $150,000 per year.

(c)(b) "Law enforcement officer" has the same meaning as provided in s.

943.10(1).

(d)(c) "Qualifying adoptive employee" means a full-time or part-time employee of a state agency, a charter school established under s.

1002.33, or the Florida Virtual School established under s.

1002.37, who is not an independent contractor and who adopts a child within the child welfare system pursuant to chapter 63 on or after July 1, 2015.

The term includes instructional personnel, as defined in s.

1012.01, who are employed by the Florida School for the Deaf and the Blind, and includes other-personal-services employees who have been continuously employed full time or part time by a state agency for at least 1 year.

(e)(d) "Servicemember" has the same meaning as in s.

250.01(19).

(f)(e) "State agency" means a branch, department, or agency of state government for which the Chief Financial Officer processes payroll requisitions, a state university or Florida Page 26 of33 CODING:

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hb1083-02-c2 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/CS/HB1083 2024 College System institution as defined in s.

1000.21, a school district unit as defined in s.

1001.30, or a water management district as defined in s.

373.019.

(g) "Tax collector employee" means an employee of an office of county tax collector in the state.

(h)(f) "Veteran" has the same meaning as in s.

1.01(14).

(2) A qualifying adoptive employee, veteran, law enforcement officer, health care practitioner, tax collector employee, or servicemember who adopts a child within the child welfare system who is difficult to place as described in s.

409.166(2)(d)2.

is eligible to receive a lump-sum monetary benefit in the amount of $25,000 $10,000 per such child, subject to applicable taxes.

A law enforcement officer who adopts a child within the child welfare system who is difficult to place as described in s.

409.166(2)(d)2.

is eligible to receive a lump-sum monetary benefit in the amount of $25,000 per such child, subject to applicable taxes.

A qualifying adoptive employee, veteran, law enforcement officer, health care practitioner, tax collector employee, or servicemember who adopts a child within the child welfare system who is not difficult to place as described in s.

409.166(2)(d)2.

is eligible to receive a lump-sum monetary benefit in the amount of $10,000 $5,000 per such child, subject to applicable taxes.

A law enforcement officer who adopts a child within the child welfare system who is not difficult to place as described in s.

Page 27 of33 CODING:

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hb1083-02-c2 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/CS/HB1083 2024 409.166(2)(d)2.

is eligible to receive a lump-sum monetary benefit in the amount of $10,000 per each such child, subject to applicable taxes.

A qualifying adoptive employee of a charter school or the Florida Virtual School may retroactively apply for the monetary benefit provided in this subsection if such employee was employed by a charter school or the Florida Virtual School when he or she adopted a child within the child welfare system pursuant to chapter 63 on or after July 1, 2015.

A veteran or servicemember may apply for the monetary benefit provided in this subsection if he or she is domiciled in this state and adopts a child within the child welfare system pursuant to chapter 63 on or after July 1, 2020.

A law enforcement officer may apply for the monetary benefit provided in this subsection if he or she is domiciled in this state and adopts a child within the child welfare system pursuant to chapter 63 on or after July 1, 2022.

A health care practitioner or tax collector employee may apply for the monetary benefit provided in this subsection if he or she is domiciled in this state and adopts a child within the child welfare system pursuant to chapter 63 on or after July 1, 2024.

(a) Benefits paid to a qualifying adoptive employee who is a part-time employee must be prorated based on the qualifying adoptive employee's full-time equivalency at the time of applying for the benefits.

(b) Monetary benefits awarded under this subsection are Page 28 of33 CODING:

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hb1083-02-c2 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/CS/HB1083 2024 limited to one award per adopted child within the child welfare system.

(c) The payment of a lump-sum monetary benefit for adopting a child within the child welfare system under this section is subject to a specific appropriation to the department for such purpose.

(3) A qualifying adoptive employee must apply to his or her agency head, or to his or her school director in the case of a qualifying adoptive employee of a charter school or the Florida Virtual School, to obtain the monetary benefit provided in subsection (2).

A veteran, or servicemember, or tax collector employee must apply to the department to obtain the benefit.

A law enforcement officer must apply to the Department of Law Enforcement to obtain the benefit.

A health care practitioner must apply to the Department of Health to obtain the benefit.

Applications must be on forms approved by the department and must include a certified copy of the final order of adoption naming the applicant as the adoptive parent.

Monetary benefits shall be approved on a first-come, first-served basis based upon the date that each fully completed application is received by the department.

(4) This section does not preclude a qualifying adoptive employee, veteran, servicemember, health care practitioner, tax collector employee, or law enforcement officer from receiving adoption assistance for which he or she may qualify under s.

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hb1083-02-c2 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/CS/HB1083 2024 409.166 or any other statute that provides financial incentives for the adoption of children.

(5) Parental leave for a qualifying adoptive employee must be provided in accordance with the personnel policies and procedures of his or her employer.

(6) The department may adopt rules to administer this section.

The rules may provide for an application process such as, but not limited to, an open enrollment period during which qualifying adoptive employees, veterans, servicemembers, health care practitioners, tax collector employees, or law enforcement officers may apply for monetary benefits under this section.

(7) The Chief Financial Officer shall disburse a monetary benefit to a qualifying adoptive employee upon the department's submission of a payroll requisition.

The Chief Financial Officer shall transfer funds from the department to a state university, a Florida College System institution, a school district unit, a charter school, the Florida Virtual School, or a water management district, as appropriate, to enable payment to the qualifying adoptive employee through the payroll systems as long as funds are available for such purpose.

(8) To receive an approved monetary benefit under this section, a veteran or servicemember must be registered as a vendor with the state.

(9) Each state agency shall develop a uniform procedure for informing employees about this benefit and for assisting the Page 30 of33 CODING:

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hb1083-02-c2 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/CS/HB1083 2024 department in making eligibility determinations and processing applications.

Any procedure adopted by a state agency is valid and enforceable if the procedure does not conflict with the express terms of this section.

Section 14.

rules.— (1) The Department of Children and Families shall establish, either directly or through purchase, a statewide adoption exchange, with a photo listing component, which serves shall serve all authorized licensed child-placing agencies in the state as a means of recruiting adoptive families for children who have been legally freed for adoption and who have been permanently placed with the department or a licensed child- placingPage agency.25 of28 CODING:

The statewide adoption exchange must shall provide, in accordance with rules adopted by the department, a description and photo listing component of each child descriptions and photographs of such children, as well as any other information deemed useful in the recruitment of adoptive families for each child.

The photo listing component of the statewide adoption exchange must be updated monthly and may not be accessible to the public, except to persons who have completed or are in the process of completing an adoption home study.

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hb1083-02-c2hb1083-01-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/CS/HB1083CS/HB1083 2024 (2)(a)placing Eachagency. district of the department shall refer each child in its care who has been legally freed for adoption to the statewide adoption exchange no later than 30 days after the date of acceptance by the department for permanent placement.

The statewide adoption exchange must shall provide, in accordance with rules adopted by the department, a description and photo listing component of each child descriptions and photographs of such children, as well as any other information deemed useful in the recruitment of adoptive families for each child.

The photo listing component of the statewide adoption exchange must be updated monthly and may not be accessible to the public, except to persons who have completed or are in the process of completing an adoption home study.

(2)(a) Each district of the department shall refer each child in its care who has been legally freed for adoption to the statewide adoption exchange no later than 30 days after the date of acceptance by the department for permanent placement.

Within 30 days after the date of acceptance by the department for permanent placement, the name of the child accepted for permanent placement must be forwarded to the statewide adoption exchange by the district togetherPage with26 referenceof28 toCODING: the specific reason why the child should not be placed on the statewide adoption exchange.

If the child has not been placed for adoption within 3 months after the date of acceptance by the department for permanent placement, the district must shall provide the statewide adoption exchange with the necessary photograph and information for registration of the child with the statewide adoption exchange and the child must shall be placed on the statewide adoption exchange.

The department shall establish procedures for monitoring the status of children who are not placed on the statewide adoption Page 32 of33 CODING:

hb1083-02-c2hb1083-01-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/CS/HB1083CS/HB1083 2024 exchangetogether withinwith 30reference daysto afterthe specific reason why the datechild ofshould acceptancenot bybe theplaced departmenton forthe permanentstatewide placement.adoption exchange.

If the child has not been placed for adoption within 3 months after the date of acceptance by the department for permanent placement, the district must shall provide the statewide adoption exchange with the necessary photograph and information for registration of the child with the statewide adoption exchange and the child must shall be placed on the statewide adoption exchange.

The department shall establish procedures for monitoring the status of children who are not placed on the statewide adoption exchange within 30 days after the date of acceptance by the department for permanent placement.

The photo listingPage component27 ofof28 theCODING: statewide adoption exchange may not be accessible to the public, except to persons who have completed or are in the process of completing an adoption home study.

SectionWords 15.strickenare deletions;

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hb1083-01-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/HB1083 2024 listing component of the statewide adoption exchange may not be accessible to the public, except to persons who have completed or are in the process of completing an adoption home study.

Section 14.

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hb1083-02-c2hb1083-01-c1