eLaws of Florida

  SECTION 63.092. Report to the court of intended placement by an adoption entity; at-risk placement; preliminary study.  


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  • 1(1) 2REPORT TO THE COURT.6-7The adoption entity must report any intended placement of a minor for adoption with any person who is not a relative or a stepparent if the adoption entity participates in the intended placement. The report must be made to the court before the minor is placed in the home or within 2 business days thereafter.
    62(2) 63AT-RISK PLACEMENT.65-66If the minor is placed in the prospective adoptive home before the parental rights of the minor’s parents are terminated under s. 8863.089, 89the placement is an at-risk placement. If the placement is an at-risk placement, the prospective adoptive parents must acknowledge in writing before the minor may be placed in the prospective adoptive home that the placement is at risk. The prospective adoptive parents shall be advised by the adoption entity, in writing, that the minor is subject to removal from the prospective adoptive home by the adoption entity or by court order at any time prior to the finalization of the adoption.
    170(3) 171PRELIMINARY HOME STUDY.174-175Before placing the minor in the intended adoptive home, a preliminary home study must be performed by a licensed child-placing agency, a child-caring agency registered under s. 202409.176, 203a licensed professional, or an agency described in s. 21261.20(2), 213unless the adoptee is an adult or the petitioner is a stepparent or a relative. If the adoptee is an adult or the petitioner is a stepparent or a relative, a preliminary home study may be required by the court for good cause shown. The department is required to perform the preliminary home study only if there is no licensed child-placing agency, child-caring agency registered under s. 280409.176, 281licensed professional, or agency described in s. 28861.20(2), 289in the county where the prospective adoptive parents reside. The preliminary home study must be made to determine the suitability of the intended adoptive parents and may be completed before identification of a prospective adoptive minor. If the identified prospective adoptive minor is in the custody of the department, a preliminary home study must be completed within 30 days after it is initiated. A favorable preliminary home study is valid for 1 year after the date of its completion. Upon its completion, a signed copy of the home study must be provided to the intended adoptive parents who were the subject of the home study. A minor may not be placed in an intended adoptive home before a favorable preliminary home study is completed unless the adoptive home is also a licensed foster home under s. 425409.175426. The preliminary home study must include, at a minimum:
    436(a) 437An interview with the intended adoptive parents.
    444(b) 445Records checks of the department’s central abuse registry, which the department shall provide to the entity conducting the preliminary home study, and criminal records correspondence checks under s. 47339.0138 474through the Department of Law Enforcement on the intended adoptive parents.
    485(c) 486An assessment of the physical environment of the home.
    495(d) 496A determination of the financial security of the intended adoptive parents.
    507(e) 508Documentation of counseling and education of the intended adoptive parents on adoptive parenting, as determined by the entity conducting the preliminary home study. The training specified in s. 536409.175(14) 537shall only be required for persons who adopt children from the department.
    549(f) 550Documentation that information on adoption and the adoption process has been provided to the intended adoptive parents.
    567(g) 568Documentation that information on support services available in the community has been provided to the intended adoptive parents.
    586(h) 587A copy of each signed acknowledgment of receipt of disclosure required by s. 60063.085601.

    602If the preliminary home study is favorable, a minor may be placed in the home pending entry of the judgment of adoption. A minor may not be placed in the home if the preliminary home study is unfavorable. If the preliminary home study is unfavorable, the adoption entity may, within 20 days after receipt of a copy of the written recommendation, petition the court to determine the suitability of the intended adoptive home. A determination as to suitability under this subsection does not act as a presumption of suitability at the final hearing. In determining the suitability of the intended adoptive home, the court must consider the totality of the circumstances in the home. A minor may not be placed in a home in which there resides any person determined by the court to be a sexual predator as defined in s. 744775.21 745or to have been convicted of an offense listed in s. 75663.089(4)(b)2757.

History.-s. 9, ch. 73-159; s. 5, ch. 75-226; s. 18, ch. 77-147; s. 5, ch. 78-190; s. 4, ch. 80-296; s. 3, ch. 82-166; s. 2, ch. 84-28; s. 1, ch. 85-189; s. 9, ch. 92-96; s. 126, ch. 98-403; s. 19, ch. 2001-3; s. 20, ch. 2003-58; s. 14, ch. 2004-371; s. 33, ch. 2006-86; s. 15, ch. 2008-151; s. 18, ch. 2012-81; s. 39, ch. 2016-24; s. 13, ch. 2018-103; s. 8, ch. 2020-138.

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