FAC FIGHTING CPS IN FLORIDA - FAMILIES AGAINST CORRUPTION FIGHTING CPS IN FLORIDA

FAC FIGHTING CPS IN FLORIDA

FAMILIES AGAINST CORRUPTION FIGHTING CPS IN FLORIDA

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WELCOME TO
FAMILIES AGAINST CORRUPTION FIGHTING CPS IN THE STATE OF FLORIDA

COUNTIES OF FLORIDA:

Map Courtesy of Digital Map Store

psst, remember that song that Anita Bryant used to sing? the following is to that tune:

Come to the Florida Court Sunshine Tree!
Where kids are taken for GOV-ERN-MENT MON-NEY
-LEGALLY KIDNAPPED FOR FEDERAL TITLE IV D-
FOR THOSE CORRUPTED FLORIDA THIEVES !!

YES, IN GOD THEY TRUST...that they wont burn in hell for putting parents thru loops.

LINK TO:

Fighting Child Protective Services False Accusations

The New Year baby showed up......

And was immediately kidnapped by CPS!!!

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FLORIDA STATE LAWS THAT SHOULD GOVERN CHILDREN'S PARENT'S SLAYERS:

FLORIDA STATUTES
CHILD ABUSE AND NEGLECT
Child Witnesses to Domestic Violence
To better understand this issue and to view it across States, see the Child Witnesses to Domestic Violence: Summary of State Laws (PDF - 222 KB) publication.

Circumstances That Constitute Witnessing
Citation: Ann. Stat. § 921.0014

[In criminal law] It is considered domestic violence in the presence of a child if an offender is convicted of a primary offense of domestic violence, and that offense is determined to have been committed in the presence of a child under age 16 who is related by blood or marriage to the victim or perpetrator or who is a family or household member with the victim or perpetrator.

Consequences
Citation: Ann. Stat. § 921.0014

When domestic violence is committed in the presence of a child, the subtotal sentence points are multiplied, at the discretion of the court, by 1.5.

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Clergy as Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 287 KB) publication.

Citation: Fla. Stat. Ann. § 39.201(1) (LexisNexis through 2007 Reg. Sess.)

Any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare, or that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care, shall report such knowledge or suspicion to the department.

Citation: Fla. Stat. Ann. § 39.204 (LexisNexis through 2007 Reg. Sess.)

The privileged quality of communications between husband and wife and between any professional person and his or her patient or client, or any other privileged communications except that between attorney and client or the privilege provided by § 90.505 [providing for the confidentiality of communications made to a clergy member for the purpose of spiritual counsel], as such communication relates both to the competency of the witness and to the exclusion of confidential communications, shall not apply to any communication involving the perpetrator or alleged perpetrator in any situation involving known or suspected child abuse, abandonment or neglect, and shall not constitute grounds for failure to report as required by the reporting laws regardless of the source of information requiring the report, failure to cooperate with law enforcement or the department in its activities pursuant to this chapter, or failure to give evidence in any judicial proceeding relating to child abuse, abandonment, or neglect.

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Cross-Reporting Among Responders to Child Abuse and Neglect
To better understand this issue and to view it across States, see the Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws (PDF - 267 KB) publication.

Fla. Stat. Ann. § 39.301(2)(a), (c) (LexisNexis through 2007 Spec. Sess.)

The department shall immediately forward allegations of criminal conduct to the municipal or county law enforcement agency of the municipality or county in which the alleged conduct has occurred.
Upon receiving a written report of an allegation of criminal conduct from the department, the law enforcement agency shall review the information in the written report to determine whether a criminal investigation is warranted. If the law enforcement agency accepts the case for criminal investigation, it shall coordinate its investigative activities with the department, whenever feasible. If the law enforcement agency does not accept the case for criminal investigation, the agency shall notify the department in writing.

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Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 442 KB) publication.

Physical Abuse
Citation: Ann. Stat. § 39.01

Abuse means any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired.
Harm to a child's health or welfare can occur when any person inflicts or allows to be inflicted upon the child physical, mental, or emotional injury, and can include:

Purposely giving a child poison, alcohol, drugs, or other substances that substantially affect the child's behavior, motor coordination, or judgment or that result in sickness or internal injury
Inappropriate or excessively harsh discipline
Exposure to a controlled substance or alcohol
Engaging in violent behavior that demonstrates a wanton disregard for the presence of a child and could reasonably result in serious injury to the child

Neglect
Citation: Ann. Stat. § 39.01

Neglect occurs when:
A child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or medical treatment.
A child is permitted to live in an environment when such deprivation or environment causes a child's physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired.
Neglect of a child includes acts or omissions.

Harm to a child's health or welfare can occur by leaving a child without adult supervision or arrangement appropriate for the child's age or mental or physical condition.

Sexual Abuse
Citation: Ann. Stat. § 39.01

Sexual abuse of a child means one or more of the following acts:

Any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen
Any sexual contact or intentional touching between the genitals or anal opening of one person and the mouth or tongue of another person
The intentional masturbation of the perpetrator's genitals in the presence of a child
The intentional exposure of the perpetrator's genitals in the presence of a child, or any other sexual act intentionally perpetrated in the presence of a child, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose
The sexual exploitation of a child, which includes allowing, encouraging, or forcing a child to solicit for or engage in prostitution, or engage in a sexual performance

Emotional Abuse
Citation: Ann. Stat. § 39.01

Mental injury means an injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the ability to function within the normal range of performance and behavior.

Abandonment
Citation: Ann. Stat. § 39.01

Harm to a child can occur when any person abandons a child.

Standards for Reporting
Citation: Ann. Stat. § 39.01

A report is required when a responsible person:
Inflicts harm on the child or allows harm to be inflicted
Negligently fails to protect the child
Willfully acts or threatens to act to harm the child

Persons Responsible for the Child
Citation: Ann. Stat. § 39.01

Responsible persons include the child's caregiver, including the parent, legal custodian, adult household member, or other person responsible for a child's welfare.
Other person responsible for a child's welfare includes:

The child's legal guardian or foster parent
An employee of a private school, public or private child daycare center, residential home, institution, facility, or agency
A law enforcement officer employed in any facility, service, or program for children that is operated or contracted by the Department of Juvenile Justice
Any other person legally responsible for the child's welfare in a residential setting
An adult sitter or relative entrusted with a child's care

Exceptions
Citation: Ann. Stat. § 39.01

Corporal discipline of a child by a parent does not in itself constitute abuse when it does not result in harm to the child.
It shall not be considered neglect if failure to provide for the child is caused primarily by financial inability unless actual services for relief have been offered to and rejected by the parent.

A parent legitimately practicing religious beliefs in accordance with a recognized church or religious organization who does not provide specific medical treatment for a child shall not, for that reason alone, be considered a negligent parent. This exception does not preclude a court from ordering medical services or other treatment to be provided, when the health of the child so requires.

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Definitions of Domestic Violence
To better understand this issue and to view it across States, see the Definitions of Domestic Violence: Summary of State Laws (PDF - 639 KB) publication.

Defined in Domestic Violence Civil Laws
Citation: Ann. Stat. § 741.28

''Domestic violence'' means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Defined in Child Abuse Reporting and Child Protection Laws
Citation:

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws
Citation:

This issue is not addressed in the statutes reviewed.

Persons Included in the Definition
Citation: Ann. Stat. § 741.28

''Family or household member'' means:
Spouses or former spouses
Persons related by blood or marriage
Persons who are presently residing together as if a family or who have resided together in the past as if a family
Persons who are parents of a child in common regardless of whether they have been married
With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

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Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication.

Confidentiality of Records
Citation: Ann. Stat. § 39.202

All records held by the Department of Children and Family Services concerning reports of child abandonment, abuse, or neglect, including reports made to the central abuse hotline and all records generated as a result of such reports, shall be confidential and exempt from the provisions of § 119.07(1) [allowing public records to be inspected and copied], and they shall not be disclosed except as specifically authorized by this chapter.

Persons or Entities Allowed Access to Records
Ann. Stat. § 39.202

Access to records shall be granted only to the following persons, officials, and agencies:
Employees, authorized agents, or contract providers of the department, the Department of Health, the Agency for Persons with Disabilities, or county agencies responsible for carrying out:
Child or adult protective investigations
Ongoing child or adult protective services
Healthy Start services
Services for victims of domestic violence
Employees or agents of the Department of Juvenile Justice responsible for the provision of services to children
Criminal justice agencies of appropriate jurisdiction
The State attorney of the judicial circuit in which the child resides or in which the alleged abuse or neglect occurred
The parent or legal custodian of any child who is alleged to have been abused, abandoned, or neglected, and the child, and their attorneys
Any person alleged in the report as having caused the abuse, abandonment, or neglect of a child
A court when it is necessary for the determination of an issue before the court
A grand jury when it is necessary in the conduct of its official business
Any appropriate official of the department responsible for administration of the department's programs
Any person who is engaged in bona fide research
The Division of Administrative Hearings for purposes of any administrative challenge
Any appropriate official of a Florida advocacy council investigating a report of known or suspected child abuse, abandonment, or neglect
The Auditor General or the Office of Program Policy Analysis and Government Accountability for the purpose of conducting audits or examinations

The guardian ad litem for the child
Employees or agents of an agency of another State that has comparable jurisdiction to the jurisdiction described above
The Public Employees Relations Commission for the sole purpose of obtaining evidence for appeals filed pursuant to § 447.207
Employees or agents of the Department of Revenue responsible for child support enforcement activities
The principal of a school where the child is a student
Staff of a children's advocacy center
Professional persons when the information is necessary for the diagnosis and treatment of the child or the person perpetrating the abuse or neglect

When Public Disclosure of Records is Allowed
Citation: Ann. Stat. § 39.202

Access to records may be granted to any person in the event of the death of a child determined to be a result of abuse, abandonment, or neglect. Information identifying the reporter shall not be released. Any information otherwise made confidential or exempt by law shall not be released.
When a child under the supervision of the department is determined to be missing, the department may release the following information to the public when it believes the release of the information is likely to assist efforts in locating the child or to promote the safety or well-being of the child:

The name of the child and the child's date of birth
A physical description of the child
A photograph of the child
With the concurrence of the law enforcement agency primarily responsible for investigating the incident, the department may release any additional information it believes likely to assist efforts in locating the child or to promote the safety or well-being of the child.

Use of Records for Employment Screening
Citation: Ann. Stat. § 39.202

Employees, authorized agents, or contract providers of the department, the Department of Health, or county agencies may have access for the purpose of licensure or approval of adoptive homes, foster homes, or child care facilities.

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Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.

Establishment
Citation: Ann. Stat. § 39.201
Effective June 30, 2008
The Department of Children and Family Services shall establish and maintain a central abuse hotline to receive all reports made pursuant to this section in writing, via fax, via web-based reporting, or through a single statewide toll-free telephone number, which any person may use to report known or suspected child abuse, abandonment, or neglect at any hour of the day or night, any day of the week.

Purpose
Citation: Ann. Stat. § 39.201
Effective June 30, 2008

The central abuse hotline shall be operated in such a manner as to enable the department to:

Immediately identify and locate prior reports or cases of child abuse, abandonment, or neglect through utilization of the department's automated tracking system
Monitor and evaluate the effectiveness of the department's program for reporting and investigating suspected abuse, abandonment, or neglect of children through the development and analysis of statistical as well as other information
Track critical steps in the investigative process to ensure compliance with all requirements for any report of abuse, abandonment, or neglect
Maintain and produce aggregate statistical reports monitoring patterns of child abuse, child abandonment, and child neglect
Serve as a resource for the evaluation, management, and planning of preventive and remedial services for children who have been subject to abuse, abandonment, or neglect
Initiate and enter into agreements with other States for the purpose of gathering and sharing information contained in reports on child maltreatment to further enhance programs for the protection of children

Contents
Citation: Ann. Stat. § 39.201
Effective June 30, 2008
The department shall voice-record all incoming or outgoing calls that are received or placed by the central abuse hotline that relate to suspected or known child abuse, neglect, or abandonment. The department shall maintain an electronic copy of each fax and web-based report. The recording or electronic copy of each fax and web-based report shall become a part of the record of the report.

Maintenance
Citation: Ann. Stat. § 39.202
The department shall make and keep reports and records of all cases relating to child abuse, abandonment, and neglect and shall preserve the records pertaining to a child and family until 7 years after the last entry was made or until the child is age 18, whichever date is first reached, and may then destroy the records.

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Immunity for Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.

Citation: Fla. Stat. Ann. § 39.203(1) (LexisNexis through 2008 Reg. Sess.)
Statute:
Any person, official, or institution participating in good faith in any act authorized or required by the reporting laws or reporting in good faith any instance of child abuse, abandonment, or neglect to the department or any law enforcement agency shall be immune from any civil or criminal liability that might otherwise result by reason of such action.
Nothing contained in the reporting laws shall be deemed to grant immunity, civil or criminal, to any person suspected of having abused, abandoned, or neglected a child, or committed any illegal act upon or against a child.

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Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.

Reporting Procedures

Individual Responsibility
Citation: Ann. Stat. § 39.201; Admin. Code 65C-29.002
Any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare, or that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care shall report such knowledge or suspicion to the Department of Children and Family Services in the manner prescribed below.
Each report shall be made immediately to the department's central abuse hotline. Reports may be made on the single statewide toll-free telephone number or via fax or web-based report.

The names of reporters shall be entered into the record of the report but shall be held confidential and exempt as provided in § 39.202.

In regulation: Professionally mandated reporters are required to provide their names to the abuse hotline when making a report of alleged child maltreatment. A report shall be accepted if it meets statutory criteria for acceptance even if the reporters wish to remain anonymous. Nonprofessionally mandated reporters are not required to provide their names for the acceptance of a report.

Content of Reports
Citation: Ann. Stat. §§ 39.201; 39.301
The department shall voice-record all incoming or outgoing calls that are received or placed by the central abuse hotline that relate to suspected or known child abuse, neglect, or abandonment. The department shall maintain an electronic copy of each fax and web-based report. The recording or electronic copy of each fax and web-based report shall become a part of the record of the report.

The child protective investigation shall gather the following information:

The composition of the family or household, including the name, address, date of birth, Social Security number, sex, and race of each child named in the report; any siblings or other children in the same household or in the care of the same adults; the parents, legal custodians, or caregivers; and any other adults in the same household
Indications that any child in the family or household has been abused, abandoned, or neglected; the nature and extent of present or prior injuries, abuse, or neglect, and any evidence thereof
The person or persons apparently responsible for the abuse, abandonment, or neglect, including the name, address, date of birth, Social Security number, sex, and race of each such person

Special Reporting Procedures

Suspicious Deaths
Citation: Ann. Stat. § 39.201
Any person required to report or investigate cases of suspected child abuse, abandonment, or neglect who has reasonable cause to suspect that a child died as a result of child abuse, abandonment, or neglect shall report his or her suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and shall report his or her findings, in writing, to the local law enforcement agency, the appropriate State attorney, and the department. Autopsy reports maintained by the medical examiner are not subject to the confidentiality requirements provided for in § 39.202.

Substance-Exposed Infants
Not addressed in statutes reviewed.

Screening Reports
Citation: Ann. Stat. §§ 39.201; 39.301; Admin. Code 65C-29.002; 65C-29.003
The Department of Children and Family Services shall be capable of receiving and investigating, 24 hours a day, 7 days a week, reports of known or suspected child abuse. If it appears that the immediate safety or well-being of a child is endangered, that the family may flee, or the child will be unavailable for purposes of conducting a child protective investigation, or that the facts otherwise so warrant, the department shall commence an investigation immediately, regardless of the time of day or night. In all other cases, a child protective investigation shall be commenced within 24 hours.
If the report is of an instance of known or suspected child abuse by someone other than a parent, legal custodian, caregiver, or other person responsible for the child's welfare, the report or call shall be immediately electronically transferred to the appropriate county sheriff's office by the central abuse hotline.

Upon receiving a report, the central abuse hotline shall determine if the report requires an immediate onsite protective investigation. For reports requiring an immediate onsite protective investigation, the central abuse hotline shall immediately notify the department.

The department shall immediately forward allegations of criminal conduct to the appropriate law enforcement agency. Upon receiving a written report of an allegation of criminal conduct from the department, the law enforcement agency shall review the information in the report to determine whether a criminal investigation is warranted. If the law enforcement agency accepts the case for criminal investigation, it shall coordinate its investigative activities with the department, when feasible.

The person responsible for the investigation shall determine whether the report is complete. If the investigator finds that the report is incomplete, he or she shall return it without delay to the person or agency originating the report to request additional information in order to complete the report.

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Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.

Professionals Required to Report
Citation: Ann. Stat. § 39.201

The following persons are mandated reporters:
Physicians, osteopaths, medical examiners, chiropractors, nurses, or hospital personnel
Other health or mental health professionals
Practitioners who rely solely on spiritual means for healing
School teachers or other school officials or personnel
Social workers, daycare center workers, or other professional child care, foster care, residential, or institutional workers
Law enforcement officers or judges

Reporting by Other Persons
Citation: Ann. Stat. § 39.201

Any person who knows or has reasonable cause to suspect that a child is abused, abandoned, or neglected shall report.

Standards for Making a Report
Citation: Ann. Stat. § 39.201

A report is required when:
A person knows or has reasonable cause to suspect that a child is abused, abandoned, or neglected.
A person knows that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care.

Privileged Communications
Citation: Ann. Stat. § 39.204

Only the attorney-client and clergy-penitent privileges are permitted.

Inclusion of Reporter's Name in Report
Citation: Ann. Stat. § 39.201

Professionals who are mandated reporters are required to provide their names to hotline staff.

Disclosure of Reporter Identity
Citation: Ann. Stat. §§ 39.201; 39.202

The names of reporters shall be entered into the record of the report, but shall be held confidential. The name of the reporter may not be released to any person other than employees of the department responsible for child protective services, the central abuse hotline, law enforcement, the child protection team, or the appropriate State attorney, without the written consent of the person reporting.
This does not prohibit the subpoenaing of a person reporting child abuse, abandonment, or neglect when deemed necessary by the court, the State attorney, or the department, provided the fact that such person made the report is not disclosed.

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Parental Drug Use As Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.

Citation: Fla. Stat. Ann. § 39.01(32) (LexisNexis through Fla. 2009 Legis. Serv., Ch. 21)

Statute Text:

Harm to a child's health or welfare can occur when any person:
Inflicts or allows to be inflicted upon the child physical, mental, or emotional injury. In determining whether harm has occurred, the following factors must be considered in evaluating any physical, mental, or emotional injury to a child: the age of the child, any prior history of injuries to the child, the location of the injury on the body of the child, the multiplicity of the injury, and the type of trauma inflicted. Such injury includes, but is not limited to, purposely giving a child poison, alcohol, drugs, or other substances that substantially affect the child's behavior, motor coordination, or judgment, or that result in sickness or internal injury.
Exposes a child to a controlled substance or alcohol. Exposure to a controlled substance or alcohol is established by:
A test, administered at birth, that indicated that the child's blood, urine, or meconium contained any amount of alcohol or a controlled substance or metabolites of such substances, the presence of which was not the result of medical treatment administered to the mother or the newborn infant
Evidence of extensive, abusive, and chronic use of a controlled substance or alcohol by a parent when the child is demonstrably adversely affected by such usage
For the purposes of this subparagraph, the term ''drugs'' means prescription drugs not prescribed for the child or not administered as prescribed, and controlled substances as outlined in Schedule I [a substance that has a high potential for abuse and no currently accepted medical use] or Schedule II [a substance that has a high potential for abuse and has a currently accepted but severely restricted medical use] of § 893.03.

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Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 166 KB) publication.

Failure to Report
Ann. Stat. § 39.205(1)-(2)

A person who is required to report known or suspected child abuse or neglect, and who knowingly and willfully fails to do so, or who knowingly and willfully prevents another person from doing so, is guilty of a misdemeanor of the first degree. Upon conviction, the person may be:
Imprisoned for a term not to exceed 1 year
Fined $1,000
Unless the court finds that the person is a victim of domestic violence or that other mitigating circumstances exist, a person who is 18 years of age or older and lives in the same house or living unit as a child who is known or suspected to be a victim of child abuse, neglect of a child, or aggravated child abuse, and knowingly and willfully fails to report the child abuse commits a felony of the third degree. Upon conviction, the person may be

Imprisoned for a term not to exceed 5 years
Fined $5,000

False Reporting
Ann. Stat. §§ 39.205(6); 39.206(1)

A person who knowingly and willfully makes a false report of child abuse, abandonment, or neglect, or who advises another to make a false report, is guilty of a felony of the third degree. Upon conviction, the person may be:
Imprisoned for a term not to exceed 5 years
Fined $5,000
In addition to any other penalty authorized by this section or other law, the department may impose a fine, not to exceed $10,000 for each violation, upon a person who knowingly and willfully makes a false report of abuse, abandonment, or neglect of a child, or a person who counsels another to make a false report.

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Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.

Right of the Reported Person to Review and Challenge Records
Ann. Stat. § 39.202(2)(e)

Except for the name of the reporter, access to child abuse and neglect reports shall be granted to any person alleged in the report as having caused the abuse, abandonment, or neglect of a child. This access shall be made available no later than 30 days after the Department of Children and Family Services receives the initial report of abuse, abandonment, or neglect and, when the alleged perpetrator is not a parent, shall be limited to information involving the protective investigation only and shall not include any information relating to subsequent dependency proceedings. However, any information otherwise made confidential or exempt by law shall not be released.

When Records Must Be Expunged
Ann. Stat. § 39.202

The Department of Children and Family Services shall make and keep reports and records of all cases under this chapter relating to child abuse, abandonment, and neglect and shall preserve the records pertaining to a child and family until 7 years after the last entry was made or until the child is age 18, whichever date is first reached, and may then destroy the records.

FLORIDA STATE LAWS
CHILD WELFARE:

Case Planning for Families Involved With Child Welfare Agencies
To better understand this issue and to view it across States, see the Case Planning for Families Involved With Child Welfare Agencies: Summary of State Laws (PDF - 696 KB) publication.

When Case Plans Are Required
Citation: Ann. Stat. § 39.6011

The Department of Children and Family Services shall prepare a draft of the case plan for each child receiving services under this chapter. A parent of a child may not be threatened or coerced with the loss of custody or parental rights for failing to admit in the case plan of abusing, neglecting, or abandoning a child. Participating in the development of a case plan is not an admission to any allegation of abuse, abandonment, or neglect, and it is not a consent to a finding of dependency or termination of parental rights.
A case plan must be prepared, but need not be submitted to the court, for a child who will be in care no longer than 30 days unless that child is placed in out-of-home care a second time within a 12-month period.

In each case in which a child has been placed in out-of-home care, a case plan must be prepared within 60 days after the department removes the child from the home and shall be submitted to the court before the disposition hearing for the court to review and approve.

The case plan must be filed with the court and copies provided to all parties, including the child, if appropriate, not less than 3 business days before the disposition hearing.

Who May Participate in the Case Planning Process
Citation: Ann. Stat. § 39.6011

The case plan must be developed in a face-to-face conference with the parent of the child, any court-appointed guardian ad litem, and, if appropriate, the child and the temporary custodian of the child.

The parent may receive assistance from any person or social service agency in preparing the case plan. The social service agency, the department, and the court, when applicable, shall inform the parent of the right to receive such assistance, including the right to assistance of counsel.

If a parent is unwilling or unable to participate in developing a case plan, the department shall document that unwillingness or inability to participate. The unwillingness or inability of the parent to participate in developing a case plan does not preclude the filing of a petition for dependency or for termination of parental rights.

The parent, if available, must be provided a copy of the case plan and be advised that he or she may, at any time before the filing of a petition for termination of parental rights, enter into a case plan and that he or she may request judicial review of any provision of the case plan with which he or she disagrees at any court hearing set for the child.

Contents of a Case Plan
Ann. Stat. § 39.6011

The case plan must be written simply and clearly in English and, if English is not the principal language of the child's parent, to the extent possible in the parent's principal language. Each case plan must contain:

A description of the identified problem being addressed, including the parent's behavior or acts resulting in risk to the child and the reason for the intervention by the department
The permanency goal, as defined in § 39.01(51)
If concurrent planning is being used, a description of the permanency goal of reunification with the parent or legal custodian in addition to a description of an alternate permanency goal
The date the compliance period expires
A written notice to the parent that failure of the parent to substantially comply with the case plan may result in the termination of parental rights, and that a material breach of the case plan may result in the filing of a petition for termination of parental rights sooner than the compliance period set forth in the case plan
The case plan must be signed by all parties, except that the signature of a child may be waived if the child is not of an age or capacity to participate in the case planning process. Signing the case plan constitutes an acknowledgement that the case plan has been developed by the parties and that they are in agreement as to the terms and conditions contained in the case plan. The refusal of a parent to sign the case plan does not prevent the court from accepting the case plan if the case plan is otherwise acceptable to the court.

The case plan must describe:

The role of the foster parents or legal custodians when developing the services that are to be provided to the child, foster parents, or legal custodians

The minimum number of face-to-face meetings to be held each month between the parents and the department's family services counselors to review the progress of the plan, to eliminate barriers to progress, and to resolve conflicts or disagreements
The parent's responsibility for financial support of the child, including, but not limited to, health insurance and child support
When the permanency goal for a child is adoption, the case plan must include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangement for the child.

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Concurrent Planning for Permanency for Children
To better understand this issue and to view it across States, see the Concurrent Planning for Permanency for Children: Summary of State Laws (PDF - 200 KB) publication.

Citation: Fla. Stat. Ann. § 39.01(18) (LexisNexis through 2007 Sess.)

Statute Text:

''Concurrent planning'' means establishing a permanency goal in a case plan that uses reasonable efforts to reunify the child with the parent, while at the same time establishing another goal that must be one of the following options:
Adoption when a petition for termination of parental rights has been filed or will be filed
Permanent guardianship of a dependent child under § 39.6221
Permanent placement with a fit and willing relative under § 39.6231
Placement in another planned permanent living arrangement under § 39.6241
The permanency goal is also the case plan goal. If concurrent case planning is being used, reunification may be pursued at the same time that another permanency goal is pursued.

Citation: Fla. Stat. Ann. § 39.701(9)(e) (LexisNexis through 2007 Sess.)

Statute Text:

No later than 6 months after the date that the child was placed in shelter care, the court shall conduct a judicial review hearing to review the child's permanency goal as identified in the case plan. At the hearing the court shall make findings regarding the likelihood of the child's reunification with the parent or legal custodian within 12 months after the removal of the child from the home. If, at this hearing, the court makes a written finding that it is not likely that the child will be reunified with the parent or legal custodian within 12 months after the child was removed from the home, the department must file with the court, and serve on all parties, a motion to amend the case plan under § 39.6013 and declare that it will use concurrent planning for the case plan. The department must file the motion no later than 10 business days after receiving the written finding of the court. The department must attach the proposed amended case plan to the motion. If concurrent planning is already being used, the case plan must document the efforts the department is taking to complete the concurrent goal.

Citation: Fla. Ann. Stat. § 39.6011(2) (LexisNexis through 2007 Sess.)

Statute Text:

The case plan must be written simply and clearly in English and, if English is not the principal language of the child's parent, to the extent possible in the parent's principal language. Each case plan must contain:

A description of the identified problem being addressed, including the parent's behavior or acts resulting in risk to the child and the reason for the intervention by the department
The permanency goal as defined in § 39.01(51)
If concurrent planning is being used, a description of the permanency goal of reunification with the parent or legal custodian in addition to a description of one of the remaining permanency goals described in § 39.01(51)

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Court Hearings for the Permanent Placement of Children
To better understand this issue and to view it across States, see the Court Hearings for the Permanent Placement of Children: Summary of State Laws (PDF - 528 KB) publication.

Schedule of Hearings
Citation: Ann. Stat. §§ 39.701; 39.621
Hearings shall be held to review the status of the child:
At least every 6 months until the child reaches permanency status
No later than 90 days after the date of the disposition hearing or after the date of the hearing at which the court approves the case plan, whichever comes first
No later than 6 months after the date the child was removed from the home
No later than 6 months after the date that the child was placed in shelter care to review the child's permanency goal as identified in the case plan
At minimum, 6 months following the reunification of the child with his or her parent(s) to determine whether supervision by the Department of Children and Family Services and the court's jurisdiction shall continue or be terminated
If the child is placed in the custody of the department or a licensed child-placing agency for the purpose of adoptive placement, every 6 months until the adoption is finalized
Within 90 days after a child's 17th birthday and as necessary during the year prior to the child's 18th birthday
A permanency hearing must be held:

No later than 12 months after the date the child was removed from the home
No later than 30 days after a court determines that reasonable efforts to return a child to either parent are not required
At least every 12 months for any child who continues to receive supervision from the department or awaits adoption

Persons Entitled to Attend Hearings
Citation: Ann. Stat. § 39.701
Notice of a judicial review hearing or a citizen review panel hearing must be served upon all of the following persons, if available to be served, regardless of whether the person was present at the previous hearing at which the date, time, and location of the hearing was announced:
The social service agency charged with the supervision of care, custody, or guardianship of the child
The foster parent or legal custodian in whose home the child resides
The parents
The guardian ad litem for the child
The attorney for the child
The child if he or she is age 13 or older
Any preadoptive parent
Such other persons as the court may direct

Determinations Made at Hearings
Citation: Ann. Stat. §§ 39.701; 39.621
The court shall seek to determine:
The compliance or lack of compliance of all parties with applicable items of the case plan, including the parents' compliance with child support orders
The compliance or lack of compliance with a visitation contract between the parent and the social service agency for contact with the child
The compliance or lack of compliance of the parent in meeting specified financial obligations pertaining to the care of the child
Whether the child is receiving safe and proper care, including, but not limited to, the appropriateness of the child's current placement
A projected date likely for the child's return home or other permanent placement
When appropriate, the basis for the unwillingness or inability of the parent to become a party to a case plan
For a child who has reached age 13 but is not yet age 18, the adequacy of the child's preparation for adulthood and independent living
If amendments to the case plan are required
At the permanency hearing, the court shall determine:

Whether the current permanency goal for the child is appropriate or should be changed
When the child will achieve one of the permanency goals
Whether the department has made reasonable efforts to finalize the permanency plan currently in effect
The best interests of the child is the primary consideration in determining the permanency goal for the child. The court must also consider:

The reasonable preference of the child if the court has found the child to be of sufficient intelligence, understanding, and experience to express a preference
Any recommendation of the guardian ad litem

Permanency Options
Citation: Ann. Stat. § 39.621
The permanency goals available under this chapter, listed in order of preference, are:
Reunification
Adoption, if a petition for termination of parental rights has been or will be filed
Permanent guardianship of a dependent child under § 39.6221
Permanent placement with a fit and willing relative under § 39.6231
Placement in another planned permanent living arrangement under § 39.6241
If a child will not be reunited with a parent, adoption is the primary permanency option. If the child is placed with a relative or with a relative of the child's half-brother or half-sister as a permanency option, the court may recognize the permanency of this placement without requiring the relative to adopt the child.

If the court approves a permanency goal of permanent guardianship of a dependent child, placement with a fit and willing relative, or another planned permanent living arrangement, the court shall make findings as to why this permanent placement is established without adoption of the child to follow. If the court approves a permanency goal of another planned permanent living arrangement, the court shall document the compelling reasons for choosing this goal.

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Criminal Background Checks for Prospective Foster and Adoptive Parents
To better understand this issue and to view it across States, see the Criminal Background Checks for Prospective Foster and Adoptive Parents: Summary of State Laws (PDF - 553 KB) publication.

Requirements for Foster Parents
Citation: Admin. Code §§ 65C-13.009 (6); 65C-28.011(6)(b)

A local criminal records check is completed yearly. If the applicant has lived in the current jurisdiction for less than 6 months, the screening is also conducted for the applicant's previous residence.
State criminal records checks are completed every 5 years, and Federal criminal records checks and fingerprints are only done one time at the initial licensing.
A relative or nonrelative home is disqualified as a placement option when a criminal records check reveals any of the following felony convictions:
Child abuse, abandonment, or neglect
Spousal abuse
A crime against children, including child pornography
A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery
Murder, manslaughter, or aggravated manslaughter of an elderly person, disabled adult, or child
Sexual battery
Procuring a person under age 18 for prostitution
Lewd or lascivious offenses committed upon or in the presence of persons less than age 16
Impregnation of a child under age 16 by a person over age 21
Sexual exploitation of a child
Computer pornography
Selling or buying minors
Domestic violence
Physical assault, battery, or a drug-related offense within the past 5 years
Abuse Registry checks are obtained annually for all family foster homes, family emergency shelters, and family group homes.

Requirements for Adoptive Parents
Citation: Ann. Stat. §§ 63.092; 63.089(4)(b)(2); Admin. Code § 65C-16.007

The preliminary home study must include a records check of the central abuse registry and a criminal records check on the intended adoptive parents.
No minor may be placed in a home in which there resides any person determined by the court to be a sexual predator or to have been convicted of any of the following offenses:
Child abuse
First-degree or second-degree murder
Sexual battery that constitutes a capital, life, or first-degree felony
Abuse Hotline checks must be conducted on all adoptive applicants. For applicants who have previously been foster parents or have adopted in other States, Abuse Hotline checks must be completed in the previous State. Abuse Hotline checks must be current within 30 days of placement of an adoptive child in the home. Abuse Hotline checks also must be conducted on all other household members who are age 12 or older.
Criminal background checks through local, State, and Federal law enforcement agencies will be conducted on all persons age 18 or older residing in the prospective adoptive home. For applicants who have been foster parents or who have adopted in other States, local and State checks must be completed in the State of previous residence.
Juvenile delinquency checks must be conducted on all household members age 12 through 17 as a public record search. If this check reveals a juvenile justice record, this information must be addressed in the home study, and a determination must be made regarding possible impact on the adopted child.
Applicants who have been convicted of a crime specified under § 435.045(1)(a) within the last 5 years cannot be approved until 5 years have elapsed. At that time, the applicants also must be referred to the adoption review committee. Applicants who have been found guilty or pled guilty or nolo contendere for crimes not listed in § 435.045 shall be carefully evaluated as to the extent of their rehabilitation.

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Determining the Best Interests of the Child
To better understand this issue and to view it across States, see the Determining the Best Interests of the Child: Summary of State Laws (PDF - 385 KB) publication.

Citation: Fla. Stat. Ann. § 39.810 (LexisNexis through 10-26-07)

Statute Text:

For the purpose of determining the manifest best interests of the child, the court shall consider and evaluate all relevant factors, including, but not limited to:
Any suitable permanent custody arrangement with a relative of the child
The ability and disposition of the parent(s) to provide the child with food, clothing, medical care, or other remedial care…, and other material needs of the child
The capacity of the parent(s) to care for the child to the extent that the child's safety, well-being, and physical, mental, and emotional health will not be endangered upon the child's return home
The present mental and physical health needs of the child and such future needs of the child to the extent that such future needs can be ascertained based on the present condition of the child
The love, affection, and other emotional ties existing between the child and the child's parent(s), siblings, and other relatives, and the degree of harm to the child that would arise from the termination of parental rights and duties
The likelihood of an older child remaining in long-term foster care upon termination of parental rights, due to emotional or behavioral problems or any special needs of the child
The child's ability to form a significant relationship with a parental substitute and the likelihood that the child will enter into a more stable and permanent family relationship as a result of permanent termination of parental rights and duties
The length of time that the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
The depth of the relationship existing between the child and the present custodian
The reasonable preferences and wishes of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference
The recommendations for the child provided by the child's guardian ad litem or legal representative
The availability of a nonadoptive relative placement may not receive greater consideration than any other factor weighing on the manifest best interests of the child.

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Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.

Circumstances That Are Grounds for Termination of Parental Rights
Ann. Stat. § 39.806

Grounds for the termination of parental rights may be established under any of the following circumstances:
The parent has abandoned the child.
The parent's conduct toward the child or other children threatens the life, safety, well-being, or physical, mental, or emotional health of the child, irrespective of the provision of services.
The parent is incarcerated and either:
The time for which the parent is expected to be incarcerated will constitute a substantial portion of time before the child will attain age 18.
The incarcerated parent has been determined by the court to be a violent career criminal, a habitual violent felony offender, or a sexual predator.
The court determines by clear and convincing evidence that continuing the parental relationship with the incarcerated parent would be harmful to the child.
A child has been adjudicated dependent, a case plan has been filed with the court, and:
The child continues to be abused, neglected, or abandoned by the parents.
The parent has materially breached the case plan by making it unlikely that he or she will be able to substantially comply with the case plan before the time for compliance expires.
The parent has engaged in egregious conduct or knowingly failed to prevent egregious conduct that threatens the life, safety, or physical, mental, or emotional health of the child or the child's sibling.
The parent has subjected the child to aggravated child abuse, sexual battery, sexual abuse, or chronic abuse.
The parent or parents have committed murder or voluntary manslaughter of another child, or a felony assault that results in serious bodily injury to the child or another child, or aided or abetted, attempted, conspired, or solicited to commit such a murder or voluntary manslaughter or felony assault.
The parental rights of the parent to a sibling have been terminated involuntarily.

Circumstances That Are Exceptions to Termination of Parental Rights
Ann. Stat. § 39.806

A petition may be filed when the parents have substantially failed to comply with a case plan for 12 months, unless the failure to comply was due to:
A lack of financial resources of the parent
A failure of the department to make reasonable efforts to reunify the family

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Infant Safe Haven Laws
To better understand this issue and to view it across States, see the Infant Safe Haven Laws: Summary of State Laws (PDF - 660 KB) publication.

Infant's Age
Ann. Stat. § 383.50

A newborn infant may be relinquished. The term ''newborn infant'' means a child that a licensed physician reasonably believes to be approximately 3 days old or younger.

Who May Relinquish the Infant
Ann. Stat. § 383.50

The infant may be relinquished by his or her parent.

Who May Receive the Infant
Ann. Stat. § 383.50

The child may be left at a hospital, emergency medical services station, or fire station.

Responsibilities of the Safe Haven Provider
Ann. Stat. § 383.50

Each emergency medical services station or fire station staffed with full-time firefighters, emergency medical technicians, or paramedics shall accept any newborn infant left with a firefighter, emergency medical technician, or paramedic. They shall consider these actions as implied consent to and shall:
Provide emergency medical services to the newborn infant to the extent he or she is trained to provide those services
Arrange for the immediate transportation of the newborn infant to the nearest hospital having emergency services
Each hospital shall admit and provide all necessary emergency services and care to any newborn infant left with the hospital in accordance with this section. The hospital or any of its licensed health care professionals shall consider these actions as implied consent for treatment, and a hospital accepting physical custody of a newborn infant has implied consent to perform all necessary emergency services and care.

Upon admitting a newborn infant, the hospital shall immediately contact a local licensed child-placing agency or alternatively contact the statewide central abuse hotline for the name of a licensed child-placing agency for purposes of transferring physical custody of the newborn infant. The hospital shall notify the licensed child-placing agency that a newborn infant has been left with the hospital and approximately when the licensed child-placing agency can take physical custody of the child. In cases where there is actual or suspected child abuse or neglect, the hospital or any of its licensed health care professionals shall report the actual or suspected child abuse or neglect in accordance with statute in lieu of contacting a licensed child-placing agency.

Immunity for the Provider
Ann. Stat. § 383.50

A medical services provider, a fire department, or an employee or agent of a provider or fire department is immune from criminal or civil liability for acting in good faith pursuant to this section. Nothing in this subsection limits liability for negligence.

The hospital or any of its licensed health care professionals is immune from criminal or civil liability for acting in good faith in accordance with this section. Nothing in this subsection limits liability for negligence.

Protection for Relinquishing Parent
Ann. Stat. § 383.50

A newborn infant left at a hospital, emergency medical services station, or fire station in accordance with this section shall not be deemed abandoned and subject to reporting and investigation requirements, unless there is actual or suspected child abuse or until the department takes physical custody of the child.

A criminal investigation shall not be initiated solely because a newborn infant is left at a hospital under this section, unless there is actual or suspected child abuse or neglect.

Except where there is actual or suspected child abuse or neglect, any parent who leaves a newborn infant with a firefighter, emergency medical technician, or paramedic at a fire station or emergency medical services station, or brings a newborn infant to an emergency room of a hospital and expresses an intent to leave the newborn infant and not return, has the absolute right to remain anonymous and to leave at any time and may not be pursued or followed unless the parent seeks to reclaim the newborn infant.

Effect on Parental Rights
Ann. Stat. § 383.50

There is a presumption that the parent who leaves the newborn infant in accordance with this section intended to leave the newborn infant and consented to termination of parental rights.

A parent of a newborn infant left at a hospital, emergency medical services station, or fire station may claim his or her newborn infant up until the court enters a judgment terminating his or her parental rights. A claim to the newborn infant must be made to the entity having physical or legal custody of the newborn infant or to the circuit court before which proceedings involving the newborn infant are pending.

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Online Resources for State Child Welfare Law and Policy
To better understand this issue and to view it across States, see the Online Resources for State Child Welfare Law and Policy (PDF - 472 KB) publication.

Statutes:

Website for Statutes: www.flsenate.gov/statutes/index.cfm?
Citations:

Adoption: Title VI, Chapter 63
Child Protection: Title V, Chapter 39, Parts I through III
Child Welfare: Title V, Chapter 39, Parts IV through XII

Regulation/Policy

Website for Administrative Code: www.flrules.org/gateway/Department.asp?DeptID=65
Note:
See Division Numbers 65B, 65C

Website for Agency Policies: www.dcf.state.fl.us/publications/policies.shtml

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Placement of Children With Relatives
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.

Relative Placement for Foster Care and Guardianship
Citation: Ann. Stat. § 39.5085
The Relative Caregiver Program provides financial assistance to relatives who are within the fifth degree, by blood or marriage, to the parent or stepparent of a child and who are caring for the child full-time as a result of a court's determination of child abuse, neglect, or abandonment.

Requirements for Placement with Relatives
Citation: Ann. Stat. § 39.5085
The Relative Caregiver Program shall offer financial assistance to caregivers who are relatives and who would be unable to serve without the relative caregiver payment because of financial burden, thus exposing the child to the trauma of placement in a shelter or in foster care.
Relative caregivers must be capable, as determined by a home study, of providing a physically safe environment and a stable, supportive home for the children under their care. They must assure that the children's well-being is met, including, but not limited to, the provision of immunizations, education, and mental health services as needed.

Relatives who qualify for and participate in the Relative Caregiver Program are not required to meet foster care licensing requirements.

Relatives who are caring for children placed with them by the court shall receive a special monthly relative caregiver benefit established by rule of the department. The amount of the special benefit payment shall be based on the child's age and subject to availability of funding. The statewide average monthly rate for children judicially placed with relatives who are not licensed as foster homes may not exceed 82 percent of the statewide average foster care rate, nor may the cost of providing the assistance to any relative caregiver exceed the cost of providing out-of-home care in an emergency shelter or foster care.

Relatives Who May Adopt
Citation: Ann. Stat. § 63.0425

The child's grandparent has the right to petition to adopt the child.

Requirements for Adoption by Relatives
Citation: Ann. Stat. § 63.0425
The child must have lived with the grandparent for at least 6 months within the 24-month period immediately preceding the filing of a petition for termination of parental rights.

This section shall not apply if the placement for adoption is a result of the death of the child's parent, and a different preference is stated in the parent's will. This section also shall not apply in stepparent adoptions.

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Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 368 KB) publication.

What Are Reasonable Efforts
Citation: Ann. Stat. § 39.521(1)(f)
''Reasonable efforts'' mean the exercise of reasonable diligence and care by the department to provide the services ordered by the court or delineated in the case plan.

When Reasonable Efforts Are Required
Citation: Ann. Stat. § 39.521(1)(f)
The court shall determine whether reasonable efforts have been made by reviewing:
Whether or not prevention or reunification services were indicated
A written description of what appropriate and available efforts were made
Why further efforts could or could not have prevented or shortened the separation of the parent and child

When Reasonable Efforts Are NOT Required
Citation: Ann. Stat. §§ 39.521(1)(f); 39.806(1)
A reasonable effort has been made if the appraisal of the home situation indicates the severity of conditions is such that reunification efforts were inappropriate.
Reasonable efforts are not required when the parent is alleged to have committed any of the acts listed as grounds for expedited termination of parental rights in § 39.806(1)(f)-(i):

The parent has engaged in egregious conduct or had the opportunity and capability to prevent and knowingly failed to prevent egregious conduct that threatens the life, safety, or physical, mental, or emotional health of the child or the child's sibling.
''Sibling'' means another child who resides with or is cared for by the parent regardless of whether the child is related.
''Egregious conduct'' means abuse, abandonment, neglect, or any other conduct that is deplorable, flagrant, or outrageous by a normal standard of conduct. Egregious conduct may include an act or omission that occurred only once but was of such intensity, magnitude, or severity as to endanger the life of the child.
The parent has subjected the child to aggravated child abuse, sexual battery, sexual abuse, or chronic abuse.
The parent has committed murder or voluntary manslaughter of another child, or a felony assault that results in serious bodily injury to the child or another child, or aided, abetted, attempted, conspired, or solicited to commit any crime listed.
The parental rights of the parent to a sibling have been terminated involuntarily.

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Standby Guardianship
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 256 KB) publication.

Who Can Nominate a Standby Guardian
Citation: Ann. Stat. § 744.3046
Both parents, natural or adoptive, if living, or the surviving parent, may nominate a preneed guardian of the person or property or both of the parent's minor child.

How to Establish a Standby Guardian
Citation: Ann. Stat. § 744.3046
The preneed guardian is nominated by making a written declaration that names such guardian to serve if the minor's last surviving parent becomes incapacitated or dies. An alternate to the guardian may also be nominated to act if the designated preneed guardian refuses to serve, renounces the appointment, dies, or becomes incapacitated after the death of the last surviving parent of the minor.
The written declaration must reasonably identify the designated preneed guardian and must be signed by the parents in the presence of at least two attesting witnesses present at the same time. The written declaration must also provide the full name as it appears on the birth certificate or as ordered by a court, date of birth, and social security number, if any, for each minor child.

The parent making the declaration must file the declaration with the clerk of the court.

How Standby Authority is Activated
Citation: Ann. Stat. § 744.3046
When a petition for incapacity of the last surviving parent or the appointment of a guardian upon the death of the last surviving parent is filed, the clerk shall produce the declaration. Production of the declaration in a proceeding to determine incapacity of the last surviving parent, or in a proceeding to appoint a guardian upon the death of the last surviving parent, constitutes a rebuttable presumption that the designated preneed guardian is entitled to serve as guardian. The court is not bound to appoint the designated preneed guardian if the designated preneed guardian is found to be unqualified to serve as guardian.

Within 20 days after assumption of duties as guardian, a preneed guardian shall petition for confirmation of appointment. If the court finds the preneed guardian to be qualified to serve as guardian, appointment of the guardian must be confirmed. Each guardian so confirmed shall file an oath in accordance with § 744.347 and shall file a bond, if the court requires a bond. Letters of guardianship must then be issued in the manner provided in § 744.345.

FLORIDA STATUTES
ADOPTION:

Access to Adoption Records
To better understand this issue and to view it across States, see the Access to Adoption Records: Summary of State Laws (PDF - 504 KB) publication.

Who May Access Information
Citation: Ann. Stat. §§ 63.162; 63.165

Information may be available to:
The adoptee who is age 18 or older
The birth parents
The adoptive parents
Birth siblings
Maternal and paternal birth grandparents

Access to Nonidentifying Information
Citation: Ann. Stat. § 63.162

All nonidentifying information, including the family medical history and social history of the adoptee and the birth parents, when available, must be furnished to the adoptive parents before the adoption becomes final and to the adoptee, upon the adoptee's request, after he or she reaches majority. Upon the request of the adoptive parents, all nonidentifying information obtained before or after the adoption has become final must be furnished to the adoptive parents.

Mutual Access to Identifying Information
Citation: Ann. Stat. § 63.162

Identifying information about a birth parent, an adoptive parent, or an adoptee may not be disclosed unless the respective party has authorized in writing the release of such information. If the adoptee is younger than age 18, written consent must be obtained from an adoptive parent.
The department shall maintain a registry with the last known names and addresses of an adoptee, the birth parents, and the adoptive parents and any other identifying information that the parties wish to include in the registry.

The registry shall be available for those persons choosing to enter information therein, but no one shall be required to do so. A person who enters information in the registry must indicate clearly the persons to whom he or she is consenting to release the information, and shall be limited to the adoptee, the birth parents, the adoptive parents, birth siblings, and maternal and paternal birth grandparents. Consent to the release of this information may be made in the case of a minor adoptee by his or her adoptive parents or by the court after a showing of good cause. At any time, any person may withdraw, limit, or otherwise restrict consent to release information by notifying the department in writing.

Access to Original Birth Certificate
Citation: Ann. Stat. § 63.162

The original birth certificate is available only upon order of the court.

Where the Information Can Be Located

Florida Adoption Reunion Registry (F.A.R.R.), Florida Department of Health and Rehabilitation Services

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Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents
To better understand this issue and to view it across States, see the Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents: Summary of State Laws (PDF - 371 KB) publication.

Agency or Person Gathering Information or Preparing Report
Citation: Ann. Stat. §§ 63.082; 63.092
A birth family social and medical history must be completed by the adoption entity. ''Adoption entity'' includes:
The department
A child-placing or child-caring agency
An intermediary
A home investigation of the adoptive parents must be completed by:

A licensed child-placing agency
A child-caring agency
A licensed professional
An agency
The department is required to perform the home investigation only if there is no licensed child-placing agency or professional in the county in which the prospective adoptive parent resides.

Contents of Report About Person to be Adopted
Citation: Ann. Stat. § 63.082
The family social history includes the biological, sociological, and medical history of the child.

Contents of Report About Birth Parents
Citation: Ann. Stat. § 63.082
The family social history includes the biological, sociological, and medical history of the birth parents.

Contents of Report About Adoptive Parents
Citation: Ann. Stat. §§ 63.092; 63.125
Before placing the minor in the intended adoptive home, a preliminary home study must be performed. The study must include, at a minimum:

A check of the central abuse registry and criminal records
An assessment of the physical environment of the home
A determination of the financial security of the adoptive parents
Documentation of counseling and education on adoptive parenting
A final home investigation must be conducted before the adoption becomes final to determine whether the adoptive home is a suitable home for the child and whether the proposed adoption is in the best interest of the child.

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Consent to Adoption
To better understand this issue and to view it across States, see the Consent to Adoption: Summary of State Laws (PDF - 474 KB) publication.

Who Must Consent to an Adoption
Citation: Ann. Stat. § 63.062
A petition to terminate parental rights pending adoption may be granted only if written consent has been executed by:
The mother of the minor
The father of the minor, if:
The minor was conceived or born while the father was married to the mother.
The minor is his child by adoption.
The minor has been established by court proceeding to be his child.
He has filed an affidavit of paternity.
In the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, and has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required timeframes.
Any person lawfully entitled to custody of the minor, if required by the court
The court having jurisdiction to determine custody of the minor, if the person having physical custody of the minor does not have authority to consent to the adoption
If parental rights to the minor have previously been terminated, the adoption entity with which the minor has been placed for subsequent adoption may provide consent to the adoption. In such case, no other consent is required.

Age When Consent of Adoptee is Considered or Required
Citation: Ann. Stat. § 63.062(1)(c)
A child age 12 or older must consent, unless the court determines it is in the child's best interest to dispense with consent.

When Parental Consent is not Needed
Citation: Ann. Stat. § 63.064
The court may waive the consent of the following individuals to an adoption:

A parent who has deserted a child without means of identification or who has abandoned a child
A parent whose parental rights have been terminated by order of a court of competent jurisdiction
A parent who has been judicially declared incompetent and for whom restoration of competency is medically improbable
A legal guardian or lawful custodian of the person to be adopted, other than a parent, who has failed to respond in writing to a request for consent for a period of 60 days or who, after examination of his or her written reasons for withholding consent, is found by the court to be withholding his or her consent unreasonably
The spouse of the person to be adopted, if the failure of the spouse to consent to the adoption is excused by reason of prolonged and unexplained absence, unavailability, incapacity, or circumstances that are found by the court to constitute unreasonable withholding of consent

When Consent Can Be Executed
Citation: Ann. Stat. § 63.082
An affidavit of nonpaternity may be executed before the birth of the minor; however, the consent to an adoption shall not be executed before the birth of the minor.
A consent to the adoption of a minor shall not be executed by the birth mother sooner than 48 hours after the minor's birth or the day the birth mother has been notified in writing that she is fit to be released from the hospital or birth center, whichever is earlier.

A consent by a biological father or legal father may be executed at any time after the birth of the child.

How Consent Must Be Executed
Citation: Ann. Stat. § 63.082
Consent to an adoption or an affidavit of nonpaternity shall be executed as follows:

If by the person to be adopted, by oral or written statement in the presence of the court or by being acknowledged before a notary public and in the presence of two witnesses
If by an agency, by affidavit from its authorized representative
If by any other person, in the presence of the court or by affidavit acknowledged before a notary public and in the presence of two witnesses
If by a court, by an appropriate order or certificate of the court
A minor parent has the power to consent to the adoption of his or her child and has the power to relinquish his or her control or custody of the child to an adoption entity. Such consent or relinquishment is valid and has the same force and effect as a consent or relinquishment executed by an adult parent. A minor parent, having executed a consent or relinquishment, may not revoke that consent upon reaching the age of majority or otherwise becoming emancipated.

A consent or an affidavit of nonpaternity executed by a minor parent who is age 14 or younger must be witnessed by a parent, legal guardian, or court-appointed guardian ad litem.

The consent to adoption or the affidavit of nonpaternity must be signed in the presence of two witnesses and be acknowledged before a notary public who is not signing as one of the witnesses.

Revocation of Consent
Citation: Ann. Stat. § 63.082
A consent to adoption executed by the mother within 48 hours of the child’s birth is valid upon execution and may be withdrawn only if the court finds that it was obtained by fraud or duress.

When the minor to be adopted is older than age 6 months at the time of the execution of the consent, the consent to adoption is valid upon execution; however, it is subject to a 3-day revocation period or may be revoked at any time prior to the placement of the minor with the prospective adoptive parents, whichever is later.

Following the revocation period for withdrawal of consent or the placement of the child with the prospective adoptive parents, whichever occurs later, consent may be withdrawn only when the court finds that the consent was obtained by fraud or duress.

An affidavit of nonpaternity may be withdrawn only if the court finds that the affidavit was obtained by fraud or duress.

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Court Jurisdiction and Venue for Adoption Petitions
To better understand this issue and to view it across States, see the Court Jurisdiction and Venue for Adoption Petitions: Summary of State Laws (PDF - 233 KB) publication.

Jurisdiction
Citation: Ann. Stat.§ 63.102(1)
An adoption petition must be filed in the circuit court.
The circuit court in this State must retain jurisdiction over the matter until a final judgment is entered on the adoption. The Uniform Child Custody Jurisdiction and Enforcement Act does not apply until a final judgment is entered on the adoption.

Venue
Citation: Ann. Stat. § 63.102(2)

A petition for adoption shall be filed in the county where the petition for termination of parental rights was granted, unless the court, in accordance with § 47.122, changes the venue to the county where the petitioner or petitioners or the minor resides or where the adoption entity with which the minor has been placed is located.

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State Recognition of Intercountry Adoptions Finalized Abroad
To better understand this issue and to view it across States, see the State Recognition of Intercountry Adoptions Finalized Abroad: Summary of State Laws (PDF - 414 KB) publication.

Effect and Recognition of a Foreign Adoption Decree
Citation: Ann. Stat. § 63.192

A judgment of court establishing the relationship of parent and child by adoption issued pursuant to due process of law by a court of any other jurisdiction within or without the United States shall be recognized in this State, and the rights and obligations of the parties on matters within the jurisdiction of this State shall be determined as though the judgment were issued by a court of this State.

Readoption After an Intercountry Adoption

This issue is not addressed in the statutes reviewed.

Application for a U.S. Birth Certificate
Citation: Ann. Stat. § 382.017

The Department of Health will prepare a certificate of foreign birth for a foreign-born adopted person who is not a U.S. citizen and whose judgment of adoption was entered by a Florida court. The certificate will be established upon receipt of:
The report or certified copy of the adoption decree
Proof of the date and place of the adopted person's birth
A request that the certificate be prepared from the court, the adopting parents, or the adopted if he or she is of legal age
The certificate will show the true country and date of birth of the adopted person and will state that it is not evidence of U.S. citizenship for the child.

After registering the certificate of foreign birth in the new name of the adopted person, the department will seal the adoption report or decree. The seal will not be broken except pursuant to a court order.

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Intestate Inheritance Rights for Adopted Children
To better understand this issue and to view it across States, see the Intestate Inheritance Rights for Adopted Children: Summary of State Laws (PDF - 333 KB) publication.

Birth Parents in Relation to Adopted Person
Citation: Ann. Stat. § 63.172
A judgment of adoption relieves the birth parents of the adopted person, except a birth parent who is the petitioner or married to the petitioner, of all parental rights and responsibilities. It terminates all legal relationships between the adopted person and the adopted person's relatives, except that rights of inheritance shall be as provided in the Florida Probate Code.
If one or both parents of a child die without the relationship of parent and child having been previously terminated and a spouse of the living parent or a close relative of the child adopts the child, the child's right of inheritance from or through the deceased parent is unaffected by the adoption. A close relative of a child is the child's brother, sister, grandparent, aunt, or uncle.

Adoptive Parents in Relation to Adopted Person
Citation: Ann. Stat. §§ 732.108; 732.302; 736.608; 736.1102
For the purpose of intestate succession by or from an adopted person, the adopted person is a descendant of the adopting parent and is one of the natural kindred of all members of the adopting parent's family. He or she is not a descendant of his or her birth parents, nor is he or she one of the kindred of any member of the birth parent's family or any prior adoptive parent's family, except that:

Adoption of a child by the spouse of a birth parent has no effect on the relationship between the child and the birth parent or the birth parent's family.
Adoption of a child by a birth parent's spouse who married the birth parent after the death of the other birth parent has no effect on the relationship between the child and the family of the deceased birth parent.
Adoption of a child by a close relative has no effect on the relationship between the child and the families of the deceased birth parents.

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Postadoption Contact Agreements Between Birth and Adoptive Families
To better understand this issue and to view it across States, see the Postadoption Contact Agreements Between Birth and Adoptive Families: Summary of State Laws (PDF - 443 KB) publication.

What may be included in postadoption contact agreements?
Citation: Ann. Stat. § 63.0427

The court may be asked to consider the appropriateness of postadoption communication or contact, including, but not limited to, visits, written correspondence, or telephone calls.

Who may be a party to a postadoption contact agreement?
Citation: Ann. Stat. § 63.0427

The child shall have the right to have contact with his or her siblings or, upon agreement of the adoptive parents, the child shall have the right to have contact with the parents who have had their parental rights terminated or other specified biological relatives.

What is the role of the court in postadoption contact agreements?
Citation: Ann. Stat. § 63.0427

A child whose parents have had their parental rights terminated and whose custody has been awarded to the department pursuant to § 39.811, and who is the subject of a petition for adoption under this chapter, shall have the right to have the court consider the appropriateness of postadoption communication or contact, including, but not limited to, visits, written correspondence, or telephone calls, with his or her siblings or, upon agreement of the adoptive parents, the parents who have had their parental rights terminated or other specified biological relatives. The court shall consider the following in making such determination:
Any orders of the court pursuant to § 39.811(7)
Recommendations of the department, the foster parents if other than the adoptive parents, and the guardian ad litem
Statements of the prospective adoptive parents
Any other information deemed relevant and material by the court
If the court determines that the child's best interests will be served by postadoption communication or contact, the court shall so order, stating the nature and frequency for the communication or contact. This order shall be made a part of the final adoption order, but in no event shall the continuing validity of the adoption be contingent upon such postadoption communication or contact, nor shall the ability of the adoptive parents and child to change residence within or outside the State of Florida be impaired by such communication or contact.

Are agreements legally enforceable?

This issue is not addressed in the statutes reviewed.

How may an agreement be terminated or modified?
Citation: Ann. Stat. § 63.0427

The adoptive parent may, at any time, petition for review of a communication or contact order if the adoptive parent believes that the best interests of the adopted child are being compromised. The court shall have authority to order the communication or contact to be terminated or modified, as the court deems to be in the best interests of the adopted child. As part of the review process, the court may order the parties to engage in mediation. The department shall not be required to be a party to such review.

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Regulation of Private Domestic Adoption Expenses
To better understand this issue and to view it across States, see the Regulation of Private Domestic Adoption Expenses: Summary of State Laws (PDF - 592 KB) publication.

Birth Parent Expenses Allowed
Citation: Ann. Stat. § 63.097

The following fees, costs, and expenses may be assessed by the adoption entity or paid by the adoption entity on behalf of the prospective adoptive parents:
Reasonable living expenses of the birth mother that the birth mother is unable to pay due to unemployment, underemployment, or disability, including rent, utilities, basic telephone service, food, toiletries, necessary clothing, transportation, insurance, and expenses found by the court to be necessary for the health and well-being of the birth mother and the unborn child
Reasonable and necessary medical expenses
Such expenses may be paid during the pregnancy and for a period of up to 6 weeks postpartum.

Birth Parent Expenses Not Allowed
Citation: Ann. Stat. § 63.097
Approval of the court is required when the total amount of expenses permitted above exceeds:

$5,000 in legal or other fees
$800 in court costs
$5,000 in reasonable and necessary living and medical expenses
Any fees, costs, or expenses not included above or prohibited as listed below require court approval prior to payment and must be based on a finding of extraordinary circumstances.

The following fees, costs, and expenses are prohibited:

Any fee or expense that constitutes payment for locating a minor for adoption
Any payment that is not itemized and documented on the affidavit filed under § 63.132
Any fee on the affidavit that does not specify the service that was provided and for which the fee is being charged, such as a fee for facilitation, acquisition, or other similar service, or that does not identify the date the service was provided, the time required to provide the service, the person or entity providing the service, and the hourly fee charged

Allowable Payments for Arranging Adoption
Citation: Ann. Stat. § 63.097
The adoptive parent may be assessed for the following expenses:
Expenses necessary to comply with the requirements of this chapter, including, but not limited to, service of process, investigator fees, a diligent search as required by § 63.088, a preliminary home study, and a final home investigation
Court filing expenses, court costs, and other litigation expenses
Birth certificate and medical record expenses
Costs associated with advertising under § 63.212(1)(g)
The following professional fees:
A reasonable hourly fee or flat fee necessary to provide legal representation to the adoptive parents or adoption entity
A reasonable hourly fee or flat fee for contact with the parent related to the adoption, including clerical support, transportation, transmitting funds, arranging appointments, and securing accommodations
A reasonable hourly fee for counseling services provided to a parent or a prospective adoptive parent

Allowable Payments for Relinquishing Child
Citation: Ann. Stat. §§ 63.212(1)(c); 63.085
It is unlawful for any person:
To sell or surrender, or to arrange for the sale or surrender of, a minor to another person for money or anything of value or to receive such minor child for such payment or thing of value
Having the rights and duties of a parent with respect to the care and custody of a minor, to assign or transfer such parental rights for the purpose of, incidental to, or otherwise connected with, selling or offering to sell such rights and duties
To contract for the purchase, sale, or transfer of custody or parental rights in connection with any child or unborn child in return for any valuable consideration
The payment of living or medical expenses by the prospective adoptive parents prior to the birth of the child does not, in any way, obligate the birth parent to sign the consent for adoption.

Allowable Fees Charged by Department/Agency
Citation: Ann. Stat. § 63.097
When an adoption entity uses the services of a licensed child-placing agency, a professional, any other person or agency, or, if necessary, the department, the person seeking to adopt the child must pay the licensed child-placing agency, professional, other person or agency, or the department an amount equal to the cost of all services performed, including, but not limited to, the cost of conducting the preliminary home study, counseling, and the final home investigation.

Accounting of Expenses Required by Court
Citation: Ann. Stat. § 63.132
Before the hearing on the adoption petition, the prospective adoptive parent and any adoption entity must file a signed affidavit. The affidavit must itemize all disbursements and receipts of anything of value, including professional and legal fees, made or agreed to be made by or on behalf of the prospective adoptive parent and any adoption entity in connection with the adoption. The affidavit must also include, for each legal or counseling fee itemized, the service provided, the date the service was provided, the time required to provide the service if the service was charged by the hour, the person or entity that provided the service, and the hourly fee charged.

The affidavit must show any expenses or receipts incurred in connection with:

The birth of the minor
The placement of the minor with the petitioner
The medical or hospital care received by the mother or minor during the mother's prenatal care and confinement
The itemized living expenses of the birth mother
The services relating to the adoption or placement of the minor for adoption that were received by or on behalf of the petitioner, the adoption entity, either parent, the minor, or any other person
The affidavit must state whether any of these expenses were paid for by collateral sources, including, but not limited to, health insurance, Medicaid, Medicare, or public assistance.

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Rights of Presumed (Putative) Fathers, The
To better understand this issue and to view it across States, see the Rights of Presumed (Putative) Fathers, The: Summary of State Laws (PDF - 925 KB) publication.

Legal definition of "father"
Ann. Stat. §§ 39.01; 63.062; 409.256

''Parent'' means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under § 63.062(1).
Written consent must be executed by the father of the minor, if:

The minor was conceived or born while the father was married to the mother.
The minor is his child by adoption.
The minor has been established by court proceeding to be his child.
He has filed an affidavit of paternity pursuant to § 382.013(2)(c).
In the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required timeframes, and has complied with all requirements.
''Putative father'' means an individual who is or may be the biological father of a child whose paternity has not been established and whose mother was unmarried when the child was conceived and born.

Putative father registry
Ann. Stat. § 63.054

The Department of Health shall establish and maintain a Florida Putative Father Registry through its Office of Vital Statistics.

In order to preserve the right to notice and consent to an adoption under this chapter, an unmarried biological father must, as the ''registrant,'' file a notarized claim of paternity form with the Florida Putative Father Registry. He shall include therein confirmation of his willingness and intent to support the child for whom paternity is claimed in accordance with State law.

The claim of paternity may be filed at any time prior to the child's birth, but a claim of paternity may not be filed after the date a petition is filed for termination of parental rights. In each proceeding for termination of parental rights, the petitioner shall submit to the Office of Vital Statistics of the Department of Health a copy of the petition for termination of parental rights. The Office of Vital Statistics of the Department of Health shall not record a claim of paternity after the date that a petition for termination of parental rights is filed.

By filing a claim of paternity form with the Office of Vital Statistics, the registrant expressly consents to submit to DNA testing upon the request of any party, the registrant, or the adoption entity with respect to the child referenced in the claim of paternity.

Alternate means to establish paternity
Ann. Stat. § 742.10

Procedures for the determination of paternity for children born out of wedlock include:

The establishment of paternity at an adjudicatory hearing
An affidavit acknowledging paternity or a stipulation of paternity that is executed by both parties and filed with the clerk of the court
An affidavit or voluntary acknowledgment of paternity that is executed by both parties
Paternity that is adjudicated by the Department of Revenue as provided in § 409.256
Such adjudication, affidavit, or acknowledgment constitutes the establishment of paternity. If no adjudicatory proceeding was held, a notarized voluntary acknowledgment of paternity or voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury shall create a rebuttable presumption of paternity.

Judicial or administrative proceedings are not required or permitted to ratify an unchallenged acknowledgment of paternity.

Required Information
Ann. Stat. § 63.054

The claim of paternity form shall be signed by the unmarried biological father and must include:

His name, address, date of birth, and physical description
The name, address, date of birth, and physical description of the mother
The date, place, and location of conception of the child, if known
The name, date, and place of birth of the child or estimated date of birth of the expected minor child, if known
The claim of paternity form shall be signed under oath by the registrant.

Revocation of claim to paternity
Ann. Stat. §§ 63.054; 742.10

The registrant may, at any time prior to the birth of the child for whom paternity is claimed, execute a notarized written revocation of the claim of paternity previously filed with the Florida Putative Father Registry. Upon receipt of such revocation, the claim of paternity shall be deemed null and void.

If a court determines that a registrant is not the father of the minor or has no parental rights, the court shall order the Department of Health to remove the registrant's name from the registry.

A voluntary acknowledgment of paternity is subject to the right of any signatory to rescind the acknowledgment within 60 days after the date the acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party, whichever is earlier.

After the 60-day period, a signed voluntary acknowledgment of paternity shall constitute an establishment of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger, and under which the legal responsibilities, including child support obligations of any signatory arising from the acknowledgment may not be suspended during the challenge, except upon a finding of good cause by the court.

Access to information
Ann. Stat. § 63.0541

All information contained in the Florida Putative Father Registry and maintained by the Office of Vital Statistics within the Department of Health is confidential and exempt from public disclosure, except as otherwise provided in this section. Information made confidential and exempt by this section shall be disclosed to:

An adoption entity, upon the filing of a request for a diligent search of the Florida Putative Father Registry in connection with the planned adoption of a child
The registrant unmarried biological father, upon receipt of notarized request for a copy of his registry entry only
The court, upon issuance of a court order concerning a petitioner acting pro se in an action under this chapter
Except as set forth above, the database comprising the Florida Putative Father Registry shall remain confidential and exempt and separate from all other databases in this State, including any local or Federal database. Such database may not be accessed by any other State or Federal agency or entity.

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Use of Advertising and Facilitators in Adoptive Placements
To better understand this issue and to view it across States, see the Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws (PDF - 282 KB) publication.

Use of Advertisement
Citation: Ann. Stat. § 63.212(1)(g)

It is unlawful for any person, except an adoption entity, to advertise or offer to the public, in any way, by any medium whatever, that a minor is available for adoption or that a minor is sought for adoption; it is unlawful for any person to publish or broadcast any such advertisement without including the Florida license number of the agency or attorney placing the advertisement.

Use of Intermediaries/Facilitators
Citation: Ann. Stat. §§ 63.032; 63.039; 63.085; 63.212(c), (f)

An intermediary is an attorney acting as an adoption entity who places a child for adoption. An adoption entity has an affirmative duty to:

Make full disclosure of all State law requirements for adoption
Obtain necessary consents
File necessary petitions and affidavits
Serve notices of hearings
Report to court all expenses paid
It is unlawful for any person, except an adoption entity, to charge or accept any fee or compensation of any nature from anyone for making a referral in connection with an adoption.

It is unlawful for any person to sell or surrender, or to arrange for the sale or surrender of, a minor to another person for money or anything of value or to receive such minor child for such payment or thing of value.

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Who May Adopt, Be Adopted, or Place a Child for Adoption
To better understand this issue and to view it across States, see the Who May Adopt, Be Adopted, or Place a Child for Adoption: Summary of State Laws (PDF - 302 KB) publication.

Who May Adopt
Citation: Ann. Stat. § 63.042
The following persons may adopt:
A husband and wife jointly
An unmarried adult
A married person without a spouse if excused by the court for good cause shown
No person is eligible to adopt if that person is a homosexual.

Who May Be Adopted
Citation: Ann. Stat. § 63.042
Any person, a minor or an adult, may be adopted.

Who May Place a Child for Adoption
Citation: Ann. Stat. §§ 63.022; 63.202
A child may be placed by any of the following:
A parent or intermediary who must report any placement to the Department of Children and Family Services, , except for relative, adult, or stepparent adoptions
A child-placing agency that is licensed by the department

Involvement of the Noncustodial Parent
Citation: Ann. Stat. § 744.3046
Both parents or the surviving parent must consent.

Authority Relationship of the Parent and the Standby
Citation: Ann. Stat. § 744.3046
The preneed guardian shall assume the duties of guardian immediately upon an adjudication of incapacity of the last surviving parent or the death of the last surviving parent.

Withdrawing Guardianship
Citation: Ann. Stat. § 744.3046
If the preneed guardian refuses to serve, a written declaration appointing an alternate preneed guardian constitutes a rebuttable presumption that the alternate preneed guardian is entitled to serve as guardian. The court is not bound to appoint the alternate preneed guardian if the alternate preneed guardian is found to be unqualified to serve as guardian.

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