Bill Text: FL S7034 | 2010 | Regular Session | Introduced

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Bill Title: Dependency Proceedings

Spectrum: Unknown

Status: (N/A - Dead) 2010-02-03 - Submit as committee bill by Children, Families, and Elder Affairs (SB 1674) [S7034 Detail]

Download: Florida-2010-S7034-Introduced.html

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Florida Senate - 2010         (PROPOSED COMMITTEE BILL) SPB 7034 
 
FOR CONSIDERATION By the Committee on Children, Families, and 
Elder Affairs 
586-01424-10                                          20107034__ 
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.