CopyCited 3 times | Published | Florida 1st District Court of Appeal
...LAW We have de novo review of issues involving the interpretation of statutes. See Dep't of Revenue v. Lockheed Martin Corp.,
905 So.2d 1017, 1020 (Fla. 1st DCA 2005). The starting point in determining what procedures are to be followed under Florida law relating to post-termination adoptions is section
63.037, Florida Statutes (2005), which states:
63.037 Proceedings applicable to cases resulting from a termination of parental rights under chapter 39....
...ded in s.
63.088; and procedures for terminating parental rights pending adoption provided in s.
63.089. The children's parental rights were terminated by judgment entered pursuant to chapter 39, Florida Statutes. Thus, by the *1199 express terms of section
63.037, Florida Statutes, this case "shall be governed by s....
...red under s.
409.176, or a licensed professional or agency described in s.
61.20(2)." The Department correctly contends that neither one of the two requirements for a waiver of Department's consent was satisfied in this case. The express language in section
63.037 directs us not only to the other governing provisions in chapter 63, but also to section
39.812, Florida Statutes, which specifically addresses the petition for adoption....
...or readily obtainable. The person seeking to adopt the child may not file a petition for adoption until the judgment terminating parental rights becomes final. An adoption proceeding under this subsection is governed by chapter 63, as limited under s. 63.037....
...consent was being unreasonably withheld (which was not done), and for the petitioner to file with the court a favorable preliminary adoptive home study (which was not done). The trial court reasoned that, notwithstanding the express requirements of section
63.037, Florida Statutes, supra, the provisions of section
39.812 do not apply in this case because the Department was not given custody of these children for subsequent adoption and the Department's consent is not required....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2004 WL 1635858
...iction. The court which terminates the parental rights of a child who is the subject of termination proceedings pursuant to this chapter shall retain exclusive jurisdiction in all matters pertaining to the child's adoption pursuant to chapter 63. Section 63.037, Florida Statutes (2003), provides that adoptions where parental rights have been terminated are "governed by s....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...r adoptive
family is achieved as soon as possible for every child in foster care
and that no child remains in foster care longer than 1 year.”
§
39.001(1)(h), Fla. Stat.
Adoptions are governed by Chapter 63 of the Florida
Statutes. However, section
63.037, Florida Statutes, provides
that “[a] case in which a minor becomes available for adoption
after the parental rights of each parent have been terminated by
a judgment entered pursuant to chapter 39 shall be governed by
s....
...III.
B.S. argues that, because adoptions are governed by Chapter
63, the Family Law Rules of Procedure apply. Post-TPR adoption
proceedings, however, are governed by the Rules of Juvenile
Procedure.
First, as noted above, section
63.037 specifically references
section
39.812....
...2d 581 (Fla. 5th DCA 2004). While
substantive rights governing post-TPR adoptions remain in
chapter 63, the procedures regarding post-TPR adoptions fall
within the ambit of Chapter 39. If not, there would have been no
need for the Legislature to codify section 63.037 differentiating
post-TPR adoptions from other forms of adoption....
