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Florida Statute 63.022 | Lawyer Caselaw & Research
F.S. 63.022 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 63
ADOPTION
View Entire Chapter
F.S. 63.022
63.022 Legislative intent.
(1) The Legislature finds that:
(a) The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children.
(b) An unmarried mother faced with the responsibility of making crucial decisions about the future of a newborn child is entitled to privacy, has the right to make timely and appropriate decisions regarding her future and the future of the child, and is entitled to assurance regarding an adoptive placement.
(c) Adoptive children have the right to permanence and stability in adoptive placements.
(d) Adoptive parents have a constitutional privacy interest in retaining custody of a legally adopted child.
(e) An unmarried biological father has an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood, both during the pregnancy and after the child’s birth. The state has a compelling interest in requiring an unmarried biological father to demonstrate that commitment by providing appropriate medical care and financial support and by establishing legal paternity rights in accordance with the requirements of this chapter.
(2) It is the intent of the Legislature that in every adoption, the best interest of the child should govern and be of foremost concern in the court’s determination. The court shall make a specific finding as to the best interests of the child in accordance with the provisions of this chapter.
(3) It is the intent of the Legislature to protect and promote the well-being of persons being adopted and their birth and adoptive parents and to provide to all children who can benefit by it a permanent family life, and, whenever appropriate, to maintain sibling groups.
(4) The basic safeguards intended to be provided by this chapter are that:
(a) The minor is legally free for adoption and that all adoptions are handled in accordance with the requirements of law.
(b) The required persons consent to the adoption or the parent-child relationship is terminated by judgment of the court.
(c) The required social studies are completed and the court considers the reports of these studies prior to judgment on adoption petitions.
(d) A sufficient period of time elapses during which the minor has lived within the proposed adoptive home under the guidance of an adoption entity, except stepparent adoptions or adoptions of a relative.
(e) All expenditures by adoption entities or adoptive parents relative to the adoption of a minor are reported to the court and become a permanent record in the file of the adoption proceedings, including, but not limited to, all legal fees and costs, all payments to or on behalf of a birth parent, and all payments to or on behalf of the minor.
(f) Social and medical information concerning the minor and the parents is furnished by the parent when available and filed with the court before a final hearing on a petition to terminate parental rights pending adoption, unless the petitioner is a stepparent or a relative.
(g) A new birth certificate is issued after entry of the adoption judgment.
(h) At the time of the hearing, the court may order temporary substitute care when it determines that the minor is in an unsuitable home.
(i) The records of all proceedings concerning custody and adoption of a minor are confidential and exempt from s. 119.07(1), except as provided in s. 63.162.
(j) The birth parent, the prospective adoptive parent, and the minor receive, at a minimum, the safeguards, guidance, counseling, and supervision required in this chapter.
(k) In all matters coming before the court under this chapter, the court shall enter such orders as it deems necessary and suitable to promote and protect the best interests of the person to be adopted.
(l) In dependency cases initiated by the department, where termination of parental rights occurs, and siblings are separated despite diligent efforts of the department, continuing postadoption communication or contact among the siblings may be ordered by the court if found to be in the best interests of the children.
(5) It is the intent of the Legislature to provide for cooperation between private adoption entities and the Department of Children and Families in matters relating to permanent placement options for children in the care of the department whose birth parents wish to participate in a private adoption plan with a qualified family.
History.s. 2, ch. 73-159; s. 2, ch. 75-226; s. 13, ch. 77-147; s. 1, ch. 78-190; s. 1, ch. 80-296; s. 1, ch. 82-166; s. 1, ch. 87-16; s. 2, ch. 87-397; s. 18, ch. 90-360; s. 1, ch. 91-99; s. 2, ch. 92-96; s. 22, ch. 96-406; s. 172, ch. 97-101; s. 2, ch. 98-50; s. 6, ch. 2001-3; s. 1, ch. 2003-58; s. 2, ch. 2012-81; s. 25, ch. 2014-19.

F.S. 63.022 on Google Scholar

F.S. 63.022 on Casetext

Amendments to 63.022


Arrestable Offenses / Crimes under Fla. Stat. 63.022
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.022.



Annotations, Discussions, Cases:

Cases from cite.case.law:

E. P. P. P. M. P. v. HOGREVE,, 259 So. 3d 1007 (Fla. App. Ct. 2018)

. . . attorneys for adoptive parents, "who evidently intended to benefit child by adopting her"); see also § 63.022 . . .

I. B. J. S. v. In ADOPTION OF Z. E. S. a, 238 So. 3d 847 (Fla. App. Ct. 2018)

. . . and that "the adoption decree was consistent with the intent of the Legislature set forth in section 63.022 . . .

CHILDREN S HOME SOCIETY OF FLORIDA, v. V. D. In a, 188 So. 3d 920 (Fla. Dist. Ct. App. 2016)

. . . . § 63.022 (reciting unmarried birth mother’s right to privacy in making decisions about her future and . . . Stat. (2015); see also id. § 63.022 (providing that unmarried biological father’s interests “acquire[ . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. STATEWIDE GUARDIAN AD LITEM PROGRAM P. W. F. W. W. W. W. W. J. W., 186 So. 3d 1084 (Fla. Dist. Ct. App. 2016)

. . . .” § 63.022(2), Fla. Stat. (2015). . . .

KEMP ASSOCIATES, INC. v. CHISHOLM,, 162 So. 3d 172 (Fla. Dist. Ct. App. 2015)

. . . .” § 63.022(l)(a), Fla. Stat. (2010). . . . . § 63.022(l)(c),(d), Fla. Stat. (2010). . . . .” § 63.022(3), Fla. Stat. (2010). Invalidating the 1961 Texas adoption judgment (or, adopting Ms. . . . commitment to the responsibilities of parenthood, both during the pregnancy and after the child’s birth.” § 63.022 . . .

In ADOPTION OF K. A. G. a, 152 So. 3d 1271 (Fla. Dist. Ct. App. 2014)

. . . See § 63.022(2), Fla. Stat. (2013). . . . Section 63.022(4)(k) provides: “In all matters coming before the court under this chapter, the court . . .

In ADOPTION OF D. P. P. G. P. v. C. P., 158 So. 3d 633 (Fla. Dist. Ct. App. 2014)

. . . The adoption decree was consistent with the intent of the Legislature set forth in section 63.022, Florida . . .

D. M. T. v. T. M. H., 129 So. 3d 320 (Fla. 2013)

. . . not have any protected liberty interest in the child under the Florida or federal constitutions); § 63.022 . . . See § 63.022(l)(a), Fla. Stat. . . .

K. H. v. CHILDREN S HOME SOCIETY OF FLORIDA,, 120 So. 3d 104 (Fla. Dist. Ct. App. 2013)

. . . .” § 63.022(l)(e), Fla. Stat. (2012). . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, v. In ADOPTION OF X. X. G. N. R. G., 45 So. 3d 79 (Fla. Dist. Ct. App. 2010)

. . . Subsection 63.022(2), part of the 2001 overhaul, states: It is the intent of the Legislature that in . . . Section 63.022(l)(a), Florida Statutes (2006); G.S. v. T.B., 985 So.2d 978, 982 (Fla.2008). . . . . . § 63.022(2), (4)(c), Fla. Stat.; Fla. Admin. Code R. 56C-16.005(2). . . .

K. D. v. GIFT OF LIFE ADOPTIONS, INC., 17 So. 3d 1244 (Fla. Dist. Ct. App. 2009)

. . . .” § 63.022(l)(e), Fla. Stat. (2007). . . .

D. S. In a v. J. L., 18 So. 3d 1103 (Fla. Dist. Ct. App. 2009)

. . . .” § 63.022. . . . support and by establishing legal paternity rights in accordance with the requirements of this chapter. § 63.022 . . . See § 63.022(l)(a). . . . 63, the Legislature intended to provide permanent homes for adoptive children in a prompt manner. § 63.022 . . . inchoate parental rights must promptly demonstrate a full commitment to his parental responsibilities. § 63.022 . . .

J. C. J. v. HEART OF ADOPTIONS, INC. C. L. S., 989 So. 2d 32 (Fla. Dist. Ct. App. 2008)

. . . . § 63.022(l)(e), Fla. Stat. (2004). . . .

THE FLORIDA BAR, v. DOVE,, 985 So. 2d 1001 (Fla. 2008)

. . . (citations omitted)), see also § 63.022(2)(Z), Fla. Stat. (2002). . . .

G. S. v. T. B., 985 So. 2d 978 (Fla. 2008)

. . . compelling interest in providing stable and permanent homes for adoptive children, as expressed in section 63.022 . . . child’s statutory right to permanence and stability in adoptive placements as set forth in section 63.022 . . . In section 63.022, as we stated earlier, the Legislature declared the State’s “compelling interest” in . . . can benefit by it a permanent family life, and, whenever appropriate, to maintain sibling groups. § 63.022 . . .

G. S. B. S. I. S. C. S. v. T. B. E. B., 969 So. 2d 1049 (Fla. Dist. Ct. App. 2007)

. . . See § 63.022(3), Fla. Stat. (2006). . . . Under Florida law, permanency and adoption are preferred. § 63.022(l)(a), Fla. . . . statutes are intended “to provide to all children who can benefit by it a permanent family life[.]” § 63.022 . . . See § 63.022(3), Fla. Stat. (2006). . . . . § 63.022(2) & (4X1), Fla. Stat. (2006). . . .

HEART OF ADOPTIONS, INC. v. J. A., 963 So. 2d 189 (Fla. 2007)

. . . .” § 63.022(3), Fla. Stat. (2005). . . . Section 63.022(l)(a), Florida Statutes (2005), provides: “The state has a compelling interest in providing . . . Similarly, other provisions of section 63.022 address the right of an unmarried mother to “assurance . . . placements,” and the right of adoptive parents “in retaining custody of a legally adopted child.” § 63.022 . . . Further, section 63.022(4)(a), Florida Statutes (2005), states that one of the safeguards intended to . . . See § 63.022(1)(e), Fla. Stat. (2006). . . .

D. R. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 963 So. 2d 746 (Fla. Dist. Ct. App. 2007)

. . . substantial, competent evidence as to the best interests of the child, see §§ 39.621(3), 39.812(4)-(5), 63.022 . . .

In BABY H. a J. A. v., 981 So. 2d 471 (Fla. Dist. Ct. App. 2007)

. . . The legislature has also specifically found in section 63.022(l)(e) that “[t]he state has a compelling . . .

C. M. A. A. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 953 So. 2d 547 (Fla. Dist. Ct. App. 2007)

. . . parent(s) may file, so “that all adoptions are handled in accordance with the requirements of law,” § 63.022 . . .

In J. T. a v. R. T. Ad A. M. v. R. T. Ad R. T. v. Ad A. M. v. A. M. R. T. Ad R. T. v. A. M. Ad, 947 So. 2d 1212 (Fla. Dist. Ct. App. 2007)

. . . .” § 63.022(l)(e). . . .

In ADOPTION OF BABY A. a A. S. v. A. S. v., 944 So. 2d 380 (Fla. Dist. Ct. App. 2006)

. . . . § 63.022, Fla. Stat. (2004). . . . father may still be able to transform the “inchoate interest” recognized by the legislature in section 63.022 . . . best interest of the child should govern and be of foremost concern in the court’s determination.” § 63.022 . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. P. S. In C. S. G. S. M. S., 932 So. 2d 1195 (Fla. Dist. Ct. App. 2006)

. . . compelling interest in providing stable and permanent homes for adoptive children in a prompt manner-” § 63.022 . . . Stat. (2005); see § 63.022(2) (articulating legislative intent “that in every adoption, the best interest . . .

B. B. J. M. a v. P. J. M. K. M., 933 So. 2d 57 (Fla. Dist. Ct. App. 2006)

. . . This legislative intent is specifically expressed in sections 63.022, and 63.053, Florida Statutes (2004 . . . Section 63.022 states, (1) The Legislature finds that: (a) The state has a compelling interest in providing . . .

A. F. L. JR. B. P. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 927 So. 2d 101 (Fla. Dist. Ct. App. 2006)

. . . See § 63.022(l)(a). 912 So.2d at 661-62. . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. T. A. T. A K A C. M. a, 915 So. 2d 228 (Fla. Dist. Ct. App. 2005)

. . . See § 63.022(2), Fla. Stat. (2005); Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980); D.B. v. . . .

In S. N. W. a LLC, v. S. C. W., 912 So. 2d 368 (Fla. Dist. Ct. App. 2005)

. . . . § 63.022(5), Fla. . . .

J. S. V. B. v. S. A. J. A., 912 So. 2d 650 (Fla. Dist. Ct. App. 2005)

. . . See § 63.022(l)(e), Fla. Stat. (2004). . . . See § 63.022(l)(a), Fla. Stat. (2004). . . .

K. BEHRENS, v. REGIER,, 422 F.3d 1255 (11th Cir. 2005)

. . . . § 63.022(2) (“It is the intent of the Legislature that in every adoption, the best interest of the . . . Ann. §§ 63.022(2), 63.125(1), 63.142(4). . . .

STATE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. I. B. D. B., 891 So. 2d 1168 (Fla. Dist. Ct. App. 2005)

. . . compelling interest in providing stable and permanent homes for adoptive children in a prompt manner,” § 63.022 . . .

B. Y. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 887 So. 2d 1253 (Fla. 2004)

. . . the best interest of the child in adoption proceedings is the paramount consideration); see also, §§ 63.022 . . . See § 63.022(2)0), Fla. . . .

LOFTON, v. SECRETARY OF THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, H. R. S. XI X, 377 F.3d 1275 (11th Cir. 2004)

. . . . § 63.022(3) (2003). . . .

I. B. D. B. T. T. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 876 So. 2d 581 (Fla. Dist. Ct. App. 2004)

. . . (emphasis added) Chapter 63 specifically provides: 63.022. . . . In turn, section 63.022(2) specifically provides that in every adoption, the best interests of the child . . . trial court clearly has the authority, as well as the duty, under sections 39.812(4) and(5) and section 63.022 . . .

AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- STEPPARENT ADOPTION FORMS, 870 So. 2d 791 (Fla. 2004)

. . . The 2003 Florida Legislature amended numerous statutes related to adoption, in-eluding sections 63.022 . . .

AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- STEPPARENT ADOPTION FORMS, 821 So. 2d 263 (Fla. 2002)

. . . The 2001 Florida Legislature enacted new adoption laws, sections 63.022-.039, 63.0425-.0427, 63.052-.132 . . .

S. J. I. J. M. W. D. B. v. W. L. L. L., 755 So. 2d 753 (Fla. Dist. Ct. App. 2000)

. . . [emphasis supplied] § 63.022(1), Fla. . . . review the First District reversed, saying: “We reject [the adoptive parents] interpretation of [section 63.022 . . . The legislative statement contained in section 63.022(1) is a general statement of legislative intent . . . And while it is true that section 63.022 is merely a statement of legislative intent and does not purport . . . See § 63.022(1) (“It is the intent of the Legislature ... whenever possible, to maintain sibling groups . . . In this case, the siblings argue that section 63.022(1), Florida Statutes, confers legal status on them . . . district rejected such interpretation of the statute, finding that the legislative statement in section 63.022 . . . Section 63.022(1), Florida Statutes (1997), provides that it is the intent of the Legislature to protect . . .

O. A. H. v. R. L. A. E. P. A., 712 So. 2d 4 (Fla. Dist. Ct. App. 1998)

. . . Indeed, as stated in section 63.022(2)(b), Florida Statutes (1993), one of the “basic safeguards” of . . .

C. S. J. S. v. S. H. K. H., 671 So. 2d 260 (Fla. Dist. Ct. App. 1996)

. . . See § 63.022(1), (2), Fla.Stat. . . .

PEREGOOD, a v. COSMIDES, 663 So. 2d 665 (Fla. Dist. Ct. App. 1995)

. . . Section 63.022(1). . . . Section 63.022(2)(1). . . .

L. KRANZ, v. KRANZ,, 661 So. 2d 876 (Fla. Dist. Ct. App. 1995)

. . . . § 63.022(1), Fla.Stat. (1993). . . .

FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. DOE B. M. BROWNS, v. DOE B. M., 659 So. 2d 697 (Fla. Dist. Ct. App. 1995)

. . . Respondents argue that section 63.022(1), Florida Statutes (1993), confers legal status upon them as . . . The legislative statement contained in section 63.022(1) is a general statement of legislative intent . . .

RUSHING, a v. E. BOSSE, R. P. A., 652 So. 2d 869 (Fla. Dist. Ct. App. 1995)

. . . In doing so, the court noted subsection 63.022(1), Florida Statutes (1987), which provides: “It is the . . . The supreme court found the legislature made its intent even more explicit by adding subsection 63.022 . . . See §§ 63.022(1), 63.022(2)(/), 63.032(11), 63.062(l)(c), 63.092(1), 63.092(3)(a)4„ 63.142(4), 63.162 . . .

In ADOPTION OF BABY E. A. W. G. W. B. v. J. S. W. M. F. W. R. E. A. W., 647 So. 2d 918 (Fla. Dist. Ct. App. 1994)

. . . Section 63.022(2)(Z), Florida Statutes (1993), provides: (2)(Z) In all matters coming before the court . . . Nor is this principle at odds with the legislative intent set forth in section 63.022(2)©, Florida Statutes . . . Earlier in the same statute, in subsection 63.022(2)(a) to be exact, the legislature has articulated, . . . Giving section 63.022(2)© its literal and, we think, obvious meaning, therefore, there is no question . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. W. COX M., 627 So. 2d 1210 (Fla. Dist. Ct. App. 1993)

. . . Cf § 63.022(1), Fla.Stat. (1991) (“It is the intent of the legislature to protect and promote the well-being . . . and adoptive parents and to provide to all children who can benefit by it a permanent family life. § 63.022 . . . children to be adopted, and providing all children who can benefit from it a permanent family life, § 63.022 . . . interests, is to also promote and protect the wellbeing of the natural and adoptive parents involved, § 63.022 . . . The statute intends to “provide to all children who can benefit by it a permanent family life,” § 63.022 . . .

HENRIQUEZ, v. ADOPTION CENTRE, INC., 641 So. 2d 84 (Fla. Dist. Ct. App. 1993)

. . . supreme court’s decision in Doe and the legislative policy regarding adoptions as set forth in section 63.022 . . . , Florida Statutes (1991), and especially subsection 63.022(2)(l) which was added in 1987, we leave the . . .

In C. G. a, 612 So. 2d 602 (Fla. Dist. Ct. App. 1992)

. . . The legislature has set forth its intentions regarding the placement of siblings in section 63.022(1) . . .

In ADOPTION K. M. C., 606 So. 2d 1262 (Fla. Dist. Ct. App. 1992)

. . . See §§ 63.092(2), 63.125(1), 63.022(2)(c), Fla. Stat. . . . See § 63.022(2)(c), Fla. Stat. . . .

PALM BEACH COUNTY, ADOPTION OF T. G. L., 606 So. 2d 730 (Fla. Dist. Ct. App. 1992)

. . . entered an order awarding fees and costs and holding the county responsible, citing to sections 43.28 and 63.022 . . . personnel necessary” to operate the courts, unless such is provided by the state, as well as section 63.022 . . . SECTION 63.022(2)(l) We also fail to see how section 63.-022(2)(Z) mandates the attorney’s appointment . . .

DAVIS v. In ADOPTION OF T. R. D. a, 575 So. 2d 1364 (Fla. Dist. Ct. App. 1991)

. . . The maternal grand-aunt and uncle, with whom the child has also resided, rely on sections 63.022(2)(Z . . .

M. L. B. J. B. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 559 So. 2d 87 (Fla. Dist. Ct. App. 1990)

. . . .” § 63.022, Fla.Stat. (1987). The state’s paramount concern is the best interest of the child. . . .

DAVIS v. DIXON, 545 So. 2d 318 (Fla. Dist. Ct. App. 1989)

. . . See also In Re Adoption of H.Y.T., 458 So.2d 1127 (Fla.1984); Section 63.022(2)(/), Fla.Stat. (1987). . . .

In Of ADOPTION OF DOE, DOE v. ROE, 543 So. 2d 741 (Fla. 1989)

. . . . § 63.022(2), Fla.Stat. (1985). . . . Section 63.022(1), Florida Statutes (1985), provides: "It is the intent of the Legislature to protect . . . district court opinion, the legislature has made its intent even more explicit by adding a new subsection 63.022 . . .

HINDMAN, v. B. BISCHOFF,, 534 So. 2d 743 (Fla. Dist. Ct. App. 1988)

. . . She also claims that Bischoff failed to comply with sections 63.022(k), 63.082(5), and 63.092(1) and . . .

FRIENDS OF CHILDREN, INC. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 35 Fla. Supp. 2d 208 (Fla. Div. Admin. Hearings 1988)

. . . Also at issue is whether Friends violated the legislative intent in Section 63.022, Florida Statutes, . . .

PETITION FOR ADOPTION BY MARTYAK, 28 Fla. Supp. 2d 43 (Fla. Cir. Ct. 1988)

. . . The definition of primary residence and place of employment is found in F.S. 63.022(12) and is defined . . .

In M. BROD, v. MATTER OF AN ADOPTION,, 522 So. 2d 973 (Fla. Dist. Ct. App. 1988)

. . . Section 63.022(2) sets forth the legislative intent of the act and its basic safeguards. . . . are reported to the court and become a permanent record in the file of the adoption proceedings_” § 63.022 . . .

TRUSHIN, v. STATE, 475 So. 2d 1290 (Fla. Dist. Ct. App. 1985)

. . . Under section 63.022(9), Florida Statutes (1979), “to place” is defined as “the process of giving or . . . This argument fails to recognize that the definition of “to place” found at section 63.022(9) does not . . . When sections 63.022(9) and 63.212(l)(a) are read together, they plainly prohibit the giving of custody . . .

In HUMAN RIGHTS ADVOCACY COMMITTEE FOR DEVELOPMENTAL SERVICES FOR DISTRICT VIII, v. LEE COUNTY SCHOOL BOARD,, 457 So. 2d 522 (Fla. Dist. Ct. App. 1984)

. . . .-162, 63.022, and 39.441. . . .

In K. A. F. a FAATZ, v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 442 So. 2d 365 (Fla. Dist. Ct. App. 1983)

. . . See § 63.022, Fla.Stat. (Supp.1982). . . . .

In ADOPTION OF M. A. H. a, 411 So. 2d 1380 (Fla. Dist. Ct. App. 1982)

. . . Intent” does address the “well being of the person being adopted” but this general language in Section 63.022 . . .

RAMEY L. v. B. THOMAS M., 382 So. 2d 78 (Fla. Dist. Ct. App. 1980)

. . . Section 63.022 of the Florida Statutes (1979) provides: (1) It is the intent of the legislature to protect . . .