Florida Statutes 63.093 – Adoption of children from the child welfare system
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(1) The department or community-based care lead agency as defined in s. 409.986(3), or its subcontracted agency, must respond to an initial inquiry from a prospective adoptive parent within 7 business days after receipt of the inquiry. The response must inform the prospective adoptive parent of the adoption process and the requirements for adopting a child from the child welfare system.
(2) The department or community-based care lead agency, or its subcontracted agency, must refer a prospective adoptive parent who is interested in adopting a child in the custody of the department to a department-approved adoptive parent training program. A prospective adoptive parent must successfully complete the training program, unless the prospective adoptive parent is a licensed foster parent or a relative or nonrelative caregiver who has:
(a) Attended the training program within the last 5 years; or
Terms Used In Florida Statutes 63.093
- Adoption: means the act of creating the legal relationship between parent and child where it did not exist, thereby declaring the child to be legally the child of the adoptive parents and their heir at law and entitled to all the rights and privileges and subject to all the obligations of a child born to such adoptive parents in lawful wedlock. See Florida Statutes 63.032
- Agency: means any child-placing agency licensed by the department pursuant to…. See Florida Statutes 63.032
- Child: means any unmarried person under the age of 18 years who has not been emancipated by court order. See Florida Statutes 63.032
- Department: means the Department of Children and Families. See Florida Statutes 63.032
- Parent: means a woman who gives birth to a child and who is not a gestational surrogate as defined in…. See Florida Statutes 63.032
- Placement: means the process of a parent or legal guardian surrendering a child for adoption and the prospective adoptive parents receiving and adopting the child and all actions by any adoption entity participating in placing the child. See Florida Statutes 63.032
- Relative: means a person related by blood to the person being adopted within the third degree of consanguinity. See Florida Statutes 63.032
(b) Had the child who is available for adoption placed in their home for 6 months or longer and has been determined to understand the challenges and parenting skills needed to successfully parent the child who is available for adoption.
(3) A prospective adoptive parent must complete an adoption application created by the department.
(4) Before a child is placed in an adoptive home, the community-based care lead agency or its subcontracted agency must complete an adoptive home study of a prospective adoptive parent that includes observation, screening, and evaluation of the child and the prospective adoptive parent. An adoptive home study must be updated every 12 months after the date on which the first study was approved. If the child was placed before the termination of parental rights, the updated placement or licensing home study may serve as the adoption home study. In addition, the community-based care lead agency or its subcontracted agency must complete a preparation process, as established by department rule, with the prospective adoptive parent.
(5) At the conclusion of the adoptive home study and preparation process, a decision must be made about the prospective adoptive parent’s appropriateness to adopt. This decision must be reflected in the final recommendation included in the adoptive home study. If the recommendation is for approval, the adoptive parent application file must be submitted to the community-based care lead agency or its subcontracted agency for approval. The community-based care lead agency or its subcontracted agency must approve or deny the home study within 14 business days after receipt of the recommendation.
(6) The department shall adopt rules to eliminate duplicative practices and delays in the adoption home study process for a member of a uniformed service on active duty seeking to adopt in the state, including, but not limited to, providing a credit for adoption classes that have been taken in another state which substantially cover the preservice training required under s. 409.175(14)(b).
Notwithstanding subsections (1) and (2), this section does not apply to a child adopted through the process provided in s. 63.082(6).