Bill Summary – FastDemocracy

       Florida Senate - 2023                                    SB 1288
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00601A-23                                          20231288__
                      A bill to be entitled                      
       An act relating to adoption; amending s. 63.032, F.S.;
       revising the definitions of the terms “abandoned” and
       “parent”; amending s. 63.037, F.S.; exempting certain
       adoption proceedings from specified requirements if
       certain documentation is contained in the court’s
       file; making technical changes; amending s. 63.0423,
       F.S.; providing requirements for an adoption entity,
       rather than a licensed child-placing agency, relating
       to surrendered infants; requiring a certain finding by
       the court before a judgment terminating parental
       rights may be granted; amending s. 63.052, F.S.;
       providing when an adoption entity, rather than an
       intermediary, becomes the designated guardian of the
       person for a child; requiring a child to be placed
       with an intermediary, rather than with a relative,
       under certain circumstances; making technical changes;
       amending s. 63.062, F.S.; revising consent
       requirements for unmarried biological fathers;
       providing requirements for a notice of intended
       adoption plan and service of such notice on an
       unmarried biological father; revising the methods by
       which a notice of a petition to adopt an adult may be
       completed; providing construction; making technical
       changes; amending s. 63.082, F.S.; providing that a
       consent to adoption may identify a specific adoptive
       parent; providing that a parent’s identified or
       nonidentified consent is valid, binding, and
       enforceable; authorizing an adoption entity to
       intervene after the execution of consent and filing of
       a preliminary home study; revising the factors a court
       must consider in determining whether to transfer
       custody of a child; specifying persons who must be
       notified upon a revocation of consent; requiring the
       court to enter an order maintaining certain placement
       of the child under certain circumstances; providing
       that a denied petition to terminate parental rights
       may not be used in certain ways; providing that an
       identified or nonidentified consent may not be treated
       as a surrender of parental rights to the department or
       the court in the absence of the express written
       consent of the parent; making technical changes;
       amending s. 63.085, F.S.; revising the requirements of
       a certain required disclosure; requiring that a copy
       of certain documents be filed with the court; making
       technical changes; amending s. 63.087, F.S.; requiring
       the clerk of court to issue a separate case number for
       a petition for adoption and providing that such
       petition may not be maintained in a specified court
       file; authorizing a copy of a consent to adoption to
       be filed with a petition for termination of parental
       rights; revising and providing requirements for such
       petitions; making technical changes; amending s.
       63.089, F.S.; revising the factors a court must
       consider in determining a finding of abandonment;
       amending s. 63.122, F.S.; requiring that a certain
       notice of hearing be given as prescribed in the
       Florida Family Law Rules of Procedure; amending s.
       63.132, F.S.; specifying that certain fees are hourly
       fees; making technical changes; amending s. 63.212,
       F.S.; providing that a person contemplating adoption
       of a child may make specified payments to the mother
       of the child for a specified period of time regardless
       of whether the medical needs of the mother require
       such support; amending s. 39.812, F.S.; conforming a
       cross-reference; providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Subsections (1) and (12) of section 63.032,
Florida Statutes, are amended to read:
       63.032 Definitions.—As used in this chapter, the term:
       (1) “Abandoned” means a situation in which a the parent or
a person having legal custody of a child, while being able,
makes little or no provision for the child’s support or makes
little or no effort to communicate with the child, which
situation is sufficient to evince rejection of an intent to
reject parental responsibilities. If, in the opinion of the
court, the efforts of such parent or person having legal custody
of the child to support and communicate with the child are only
marginal efforts that do not evince a settled purpose to assume
all parental duties, the court may declare the child to be
abandoned. In making this decision, the court may consider the
conduct of a father toward towards the child’s mother during her
pregnancy.
       (12) “Parent” means a woman who gives birth to a child and
who is not a gestational surrogate as defined in s. 742.13 or a
man whose consent to the adoption of the child would be required
under s. 63.062(1). If a child has been legally adopted, the
term “parent” means the adoptive mother or father of the child.
The term does not include an individual whose parental
relationship to the child has been legally terminated, an
unmarried biological father, or an alleged or prospective
parent.
       Section 2. Section 63.037, Florida Statutes, is amended to
read:
       63.037 Proceedings applicable to cases resulting from a
termination of parental rights under chapter 39.—A case in which
a child minor becomes available for adoption after the parental
rights of each parent have been terminated by a judgment entered
under pursuant to chapter 39 is shall be governed by s. 39.812
and this chapter. Adoption proceedings initiated under chapter
39 are exempt from the following provisions of this chapter:
requirement for search of the Florida Putative Father Registry
provided in s. 63.054(7), if a search was previously completed
and documentation of the search is contained in the court’s case
file maintained in the dependency proceeding; disclosure
requirements for the adoption entity provided in s. 63.085(1);
general provisions governing termination of parental rights
pending adoption provided in s. 63.087; notice and service
provisions governing termination of parental rights pending
adoption provided in s. 63.088; and procedures for terminating
parental rights pending adoption provided in s. 63.089.
       Section 3. Subsections (1) through (5) and (10) of section
63.0423, Florida Statutes, are amended to read:
       63.0423 Procedures with respect to surrendered infants.—
       (1) Upon entry of final judgment terminating parental
rights, an adoption entity a licensed child-placing agency that
takes physical custody of an infant surrendered at a hospital,
emergency medical services station, or fire station under
pursuant to s. 383.50 assumes responsibility for the medical and
other costs associated with the emergency services and care of
the surrendered infant from the time the adoption entity
licensed child-placing agency takes physical custody of the
surrendered infant.
       (2) The adoption entity licensed child-placing agency shall
immediately seek an order from the circuit court for emergency
custody of the surrendered infant. The emergency custody order
remains shall remain in effect until the court orders
preliminary approval of placement of the surrendered infant in a
the prospective adoptive home, at which time the prospective
adoptive parent is the guardian of the surrendered infant
parents become guardians pending termination of parental rights
and finalization of adoption or until the court orders
otherwise. The adoption entity may remove the surrendered infant
from the guardianship of the prospective adoptive parent parents
shall remain subject to the right of the licensed child-placing
agency to remove the surrendered infant from the placement
during the pendency of the proceedings if such removal is deemed
by the adoption entity licensed child-placing agency to be in
the best interests of the child and in accordance with s.
63.052. The adoption entity licensed child-placing agency may
immediately seek to place the surrendered infant in a
prospective adoptive home.
       (3) The adoption entity licensed child-placing agency that
takes physical custody of the surrendered infant shall, within
24 hours thereafter, request assistance from law enforcement
officials to investigate and determine, through the Missing
Children Information Clearinghouse, the National Center for
Missing and Exploited Children, and any other national and state
resources, whether the surrendered infant is a missing child.
       (4) The parent who surrenders the infant in accordance with
s. 383.50 is presumed to have consented to termination of
parental rights, and express consent is not required. Unless
Except when there is actual or suspected child abuse or neglect,
the adoption entity may licensed child-placing agency shall not
attempt to pursue, search for, or notify that parent as provided
in s. 63.088 and chapter 49. For purposes of s. 383.50 and this
section, an infant who tests positive for illegal drugs,
narcotic prescription drugs, alcohol, or other substances, but
shows no other signs of child abuse or neglect, must shall be
placed in the custody of an adoption entity a licensed child
placing agency. Such a placement does not eliminate the
reporting requirement under s. 383.50(7). When the department is
contacted regarding an infant properly surrendered under this
section and s. 383.50, the department shall provide instruction
to contact an adoption entity a licensed child-placing agency
and may not take custody of the infant unless reasonable efforts
to contact an adoption entity a licensed child-placing agency to
accept the infant have not been unsuccessful successful.
       (5) A petition for termination of parental rights under
this section may not be filed until 30 days after the date the
infant was surrendered in accordance with s. 383.50. The court
may not grant a judgment terminating a petition for termination
of parental rights may not be granted until the court finds that
a parent has failed to reclaim or claim the surrendered infant
within the time period specified in s. 383.50.
       (10) Except to the extent expressly provided in this
section, proceedings initiated by an adoption entity a licensed
child-placing agency for the termination of parental rights and
subsequent adoption of a newborn infant left at a hospital,
emergency medical services station, or fire station in
accordance with s. 383.50 must shall be conducted under pursuant
to this chapter.
       Section 4. Section 63.052, Florida Statutes, is amended to
read:
       63.052 Guardians designated; proof of commitment.—
       (1)(a) Except as provided in paragraph (b), an adoption
entity is the guardian of the person for a child who has minors
who have been placed for adoption with an adoption entity, other
than an intermediary, such adoption entity shall be the guardian
of the person of the minor and has the responsibility and
authority to provide for the needs and welfare of the child
minor.
       (b)(2) An adoption entity is the guardian of the person for
a child who has minors who have been voluntarily surrendered to
an adoption entity intermediary through an execution of a
consent to adoption, the intermediary shall be responsible for
the minor until the time a court orders preliminary approval of
placement of the child minor in a the prospective adoptive
home., After such order, which time the prospective adoptive
parent is the guardian of the person for the child parents shall
become guardians pending finalization of adoption, subject to
the adoption entity’s intermediary’s right and responsibility to
remove the child from the prospective adoptive home if the
removal is deemed by the adoption entity intermediary to be in
the best interests of the child. The adoption entity
intermediary may not remove the child without a court order
unless the child is in danger of imminent harm. The adoption
entity is not intermediary does not become responsible for the
minor child’s medical bills that were incurred before taking
physical custody of the child after the execution of adoption
consents. Notwithstanding the guardianship provisions in this
section, the requirements of s. 627.6578 relating to insurance
coverage for adopted and foster children remain in effect Prior
to the court’s entry of an order granting preliminary approval
of the placement, the intermediary shall have the responsibility
and authority to provide for the needs and welfare of the minor.
A child minor may not be placed in a prospective adoptive home
until that home has received a favorable preliminary home study,
as provided in s. 63.092, completed and approved within 1 year
before such placement in the prospective home. The provisions of
s. 627.6578 shall remain in effect notwithstanding the
guardianship provisions in this section.
       (2)(3) If a child minor is surrendered to an adoption
entity for subsequent adoption and a suitable prospective
adoptive home with a favorable home study as provided in s.
63.092 is not available pursuant to s. 63.092 at the time the
child minor is surrendered to the adoption entity, the child
minor must be placed in a licensed foster care home, with a
person or family that has received a favorable preliminary home
study as required under paragraph (1)(b) pursuant to subsection
(2), or with an intermediary a relative until a suitable
prospective adoptive home is available.
       (3)(4) If a child minor is voluntarily surrendered to an
adoption entity for subsequent adoption and the adoption does
not become final within 180 days after termination of parental
rights, the adoption entity must report to the court on the
status of the child 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 child minor.
       (4)(5) The recital in a written consent, answer, or
recommendation filed by an adoption entity that the child minor
has been permanently committed to the adoption entity or that
the adoption entity is duly licensed is shall be prima facie
proof of such commitment. A consent for adoption signed by an
adoption entity does not need to not comply with s. 63.082.
       (5)(6) Unless otherwise authorized by law or ordered by the
court, the department is not responsible for expenses incurred
by other adoption entities participating in a placement of a
child minor.
       (6)(7) The court retains jurisdiction of a child minor who
has been placed for adoption until the adoption is final. After
a child minor is placed with an adoption entity or a prospective
adoptive parent, the court may review the status of the child
minor and the progress toward permanent adoptive placement.
       Section 5. Section 63.062, Florida Statutes, is amended to
read:
       63.062 Persons required to consent to adoption; affidavit
of nonpaternity; waiver of venue.—
       (1) Unless supported by one or more of the grounds
enumerated under s. 63.089(3), a petition to terminate parental
rights pending adoption may be granted only if written consent
has been executed as provided in s. 63.082 after the birth of
the child minor or notice has been served under s. 63.088 to:
       (a) The mother of the child minor.
       (b) The father of the child minor, if:
       1. The child minor was conceived or born while the father
was married to the mother;
       2. The child minor is the father’s his child by adoption;
       3. The child minor has been adjudicated by the court to be
the father’s his child before the date a petition for
termination of parental rights is filed;
       4. The father He has filed an affidavit of paternity under
pursuant to s. 382.013(2)(c) or he is listed on the child’s
birth certificate before the date a petition for termination of
parental rights is filed; or