Bill Text: FL S1674 | 2010 | Regular Session | Introduced


Bill Title: Dependency Proceedings [SPSC]

Spectrum: Unknown

Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S1674 Detail]

Download: Florida-2010-S1674-Introduced.html
 
       Florida Senate - 2010                                    SB 1674 
        
       By the Committee on Children, Families, and Elder Affairs 
       586-02050-10                                          20101674__ 
    1                        A bill to be entitled                       
    2         An act relating to dependency proceedings; amending s. 
    3         63.082, F.S.; requiring an adoption entity to 
    4         intervene in certain dependency cases if a parent 
    5         executes a consent for placement of a child with the 
    6         adoption entity; providing an effective date. 
    7   
    8  Be It Enacted by the Legislature of the State of Florida: 
    9   
   10         Section 1. Subsection (6) of section 63.082, Florida 
   11  Statutes, is amended to read: 
   12         63.082 Execution of consent to adoption or affidavit of 
   13  nonpaternity; family social and medical history; withdrawal of 
   14  consent.— 
   15         (6)(a) If a parent executes a consent for placement of a 
   16  minor with an adoption entity or qualified prospective adoptive 
   17  parents and the minor child is in the custody of the department, 
   18  but parental rights have not yet been terminated, the adoption 
   19  consent is valid, binding, and enforceable by the court. 
   20         (b) Upon execution of the consent of the parent, the 
   21  adoption entity shall may intervene in the dependency case as a 
   22  party in interest and must provide the court having jurisdiction 
   23  over the minor, pursuant to the shelter or dependency petition 
   24  filed by the department, a copy of the preliminary home study of 
   25  the prospective adoptive parents and any other evidence of the 
   26  suitability of the placement. The preliminary home study must be 
   27  maintained with strictest confidentiality within the dependency 
   28  court file and the department’s file. A preliminary home study 
   29  must be provided to the court in all cases in which an adoption 
   30  entity has intervened pursuant to this section. 
   31         (c) Upon a determination by the court that the prospective 
   32  adoptive parents are properly qualified to adopt the minor child 
   33  and that the adoption appears to be in the best interest of the 
   34  minor child, the court shall immediately order the transfer of 
   35  custody of the minor child to the prospective adoptive parents, 
   36  under the supervision of the adoption entity. The adoption 
   37  entity shall thereafter provide monthly supervision reports to 
   38  the department until finalization of the adoption. 
   39         (d) In determining whether the best interest of the child 
   40  is served by transferring the custody of the minor child to the 
   41  prospective adoptive parent selected by the parent, the court 
   42  shall consider the rights of the parent to determine an 
   43  appropriate placement for the child, the permanency offered, the 
   44  child’s bonding with any potential adoptive home that the child 
   45  has been residing in, and the importance of maintaining sibling 
   46  relationships, if possible. 
   47         Section 2. This act shall take effect July 1, 2010. 
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