September 26, 2020
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       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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