summary
Introduced
01/05/2024
01/05/2024
In Committee
01/10/2024
01/10/2024
Crossed Over
Passed
Dead
03/08/2024
03/08/2024
Introduced Session
2024 Regular Session
Bill Summary
An act relating to permanency for children; amending s. 39.01, F.S.; defining the term “visitor”; amending s. 39.0138, F.S.; renaming the “State Automated Child Welfare Information System” as the “Comprehensive Child Welfare Information System”; requiring the Department of Children and Families to conduct a criminal history records check of certain persons; defining the term “emergency placement”; requiring certain persons to submit their fingerprints to the department or specified entities; requiring the department or entities to submit such fingerprints to the Department of Law Enforcement for state processing within a specified timeframe; requiring the Department of Law Enforcement to forward such fingerprints to the Federal Bureau of Investigation within a specified timeframe; requiring that a child be immediately removed from a home if certain persons fail to provide their fingerprints and are not otherwise exempt from a criminal history records check; creating s. 39.5035, F.S.; authorizing specified persons to initiate a proceeding if both parents of a child are deceased or the last known living parent is deceased and a legal custodian has not been appointed for the child through a probate or guardianship proceeding; providing requirements for filing a petition for adjudication and permanent commitment of a child if the child has been placed in shelter by order of the court and has not been adjudicated; authorizing an attorney to file a petition for adjudication and permanent commitment within a reasonable time after the petitioner becomes aware of certain facts; providing requirements for the petition; requiring the clerk of court to set the case before the court for an adjudicatory hearing within a specified timeframe; providing that notice of the adjudicatory hearing and a copy of the petition be served on specified persons; providing for adjudicator hearings; amending s. 39.521, F.S.; conforming provisions to changes made by the act; amending s. 39.522, F.S.; authorizing certain persons to remove a child from a court-ordered placement under certain circumstances; requiring the Department of Children and Families to file a specified motion, and the court to set a hearing, within specified timeframes under certain circumstances; requiring a certain determination by the court to support immediate removal of a child; authorizing the court to base its determination on certain evidence; requiring the court to enter certain orders and conduct certain hearings under certain circumstances; amending s. 39.6221, F.S.; revising a requisite condition for placing a child in a permanent guardianship; amending s. 39.6225, F.S.; revising eligibility for payments under the Guardianship Assistance Program; amending s. 39.801, F.S.; providing that service of process is not necessary under certain circumstances; amending s. 39.812, F.S.; authorizing the court to review the department’s denial of an application to adopt a child; providing requirements for the reviewability of the department’s decision to deny an application to adopt a child; requiring the department to file written notification of its denial with the court and provide copies to certain persons within a specified timeframe; authorizing a denied applicant to file a motion to review such denial within a specified timeframe; providing requirements for the motion to review; providing requirements for a denied applicant’s standing; requiring the court to hold a hearing within a specified timeframe; providing requirements for the hearing; providing for a standard of review; authorizing certain persons to participate in the hearing under certain circumstances; requiring the court to enter an order within a specified timeframe; revising exceptions that authorize the department to remove a child from his or her foster home or custodian; requiring the department or its contracted child-placing agency to conduct certain postadoption duties; conforming provisions to changes made by the act; amending s. 63.032, F.S.; revising a definition; amending s. 63.039, F.S; requiring licensed adoption entities to report specified information relating to private adoptions to the department on a quarterly basis; authorizing the department to adopt rules; requiring the department to make certain information available in a specified form on its website; amending s. 63.062, F.S.; requiring the department take certain action if the minor has been permanently committed to the department for subsequent adoption; amending s. 63.093, F.S.; requiring the department to contract with one or more child-placing agencies to provide certain adoption services beginning on a specified date; authorizing the department to authorize such agency to subcontract with other entities to provide certain duties; requiring that an adoptive home study be updated every 12 months after the date on which the first study was approved; authorizing the updated placement or licensed home study to serve as the adoption home study if a child was placed before the termination of parental rights; requiring the department to adopt certain rules; requiring the department to submit an annual report to the Governor and Legislature by a specified date; conforming provisions to changes made by the act; amending s. 63.097, F.S.; making technical changes; requiring the court to issue a certain order when the total of certain amounts exceeds those specified; revising the prohibition of a specified fee; requiring an adoption entity to report specified information for each finalized adoption to the department on a quarterly basis beginning on a specified date; requiring the adoption entity to redact certain information concerning the child’s biological parents and the child’s adoptive parents; requiring the department to report on its website certain information, including the actual fees, costs, and expenses of finalized adoptions, on a quarterly basis; providing construction; requiring the department to adopt rules; amending s. 63.132, F.S.; requiring that a court order approving fees, costs, or expenses that exceed a certain amount include a certain determination; making a technical change; amending s. 63.212, F.S.; providing applicability for the prohibition against the advertisement of the adoption of a minor child except by certain persons; requiring a person who publishes a newspaper, magazine, billboard, or any other written advertisement distributed in this state to include a statement that only specified licensed adoption entities may legally provide adoption services; conforming provisions to changes made by the act; amending s. 409.1451, F.S.; revising the age requirements for receiving postsecondary education services and support; revising requirements for receiving aftercare services; amending s. 409.166, F.S.; revising age requirements for receiving adoption assistance; repealing s. 409.1662, F.S., relating to children within the child welfare system and the adoption incentive program; amending s. 409.1664, F.S.; defining terms; providing certain adoption benefits to health care practitioners, tax collector employees, and law enforcement officers; specifying requirements for such persons to apply for such benefits; increasing the amount of monetary adoption benefits certain persons are eligible to receive; conforming provisions to changes made by the act; amending s. 409.167, F.S.; revising requirements for the statewide adoption exchange and its photo listing component; authorizing only certain persons to access such photo listing component; requiring consultation with children of a certain age during development of their description; conforming provisions to changes made by the act; amending s. 409.988, F.S.; revising the list of children a community-based care lead agency must serve; providing effective dates.
AI Summary
This bill makes several changes to Florida's child welfare and adoption laws:
It defines the term "visitor" for purposes of conducting criminal history checks on individuals who will be in a child's home. It renames the "State Automated Child Welfare Information System" to the "Comprehensive Child Welfare Information System" and requires the Department of Children and Families (DCF) to conduct criminal history checks on certain persons, including household members and visitors, before placing a child in a home.
The bill creates a process for filing a petition for adjudication and permanent commitment of a child if both parents are deceased and a legal custodian has not been appointed. It also authorizes the court to review DCF's denial of an application to adopt a child.
The bill makes changes to adoption-related processes, fees, and reporting requirements, including requiring licensed adoption entities to report certain information to DCF and DCF to make adoption fee information publicly available.
It also revises eligibility and age requirements for certain adoption assistance, guardianship, and postsecondary education services provided to young adults who were in the child welfare system.
Committee Categories
Budget and Finance
Sponsors (1)
Other Sponsors (2)
Appropriations Committee on Health and Human Services (S), Children, Families, and Elder Affairs (S)
Last Action
Laid on Table, refer to CS/CS/CS/HB 1083 (on 03/05/2024)
Official Document
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