The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.092

63.092 Report to the court of intended placement by an adoption entity; at-risk placement; preliminary study.—

(1) REPORT TO THE COURT.—The adoption entity must report any intended placement of a minor for adoption with any person who is not a relative or a stepparent if the adoption entity participates in the intended placement. The report must be made to the court before the minor is placed in the home or within 2 business days thereafter.

(2) AT-RISK PLACEMENT.—If the minor is placed in the prospective adoptive home before the parental rights of the minor’s parents are terminated under s. 63.089, the placement is an at-risk placement. If the placement is an at-risk placement, the prospective adoptive parents must acknowledge in writing before the minor may be placed in the prospective adoptive home that the placement is at risk. The prospective adoptive parents shall be advised by the adoption entity, in writing, that the minor is subject to removal from the prospective adoptive home by the adoption entity or by court order at any time prior to the finalization of the adoption.

(3) PRELIMINARY HOME STUDY.—Before placing the minor in the intended adoptive home, a preliminary home study must be performed by a licensed child-placing agency, a child-caring agency registered under s. 409.176, a licensed professional, or an agency described in s. 61.20(2), unless the adoptee is an adult or the petitioner is a stepparent or a relative. If the adoptee is an adult or the petitioner is a stepparent or a relative, a preliminary home study may be required by the court for good cause shown. The department is required to perform the preliminary home study only if there is no licensed child-placing agency, child-caring agency registered under s. 409.176, licensed professional, or agency described in s. 61.20(2), in the county where the prospective adoptive parents reside. The preliminary home study must be made to determine the suitability of the intended adoptive parents and may be completed before identification of a prospective adoptive minor. If the identified prospective adoptive minor is in the custody of the department, a preliminary home study must be completed within 30 days after it is initiated. A favorable preliminary home study is valid for 1 year after the date of its completion. Upon its completion, a signed copy of the home study must be provided to the intended adoptive parents who were the subject of the home study. A minor may not be placed in an intended adoptive home before a favorable preliminary home study is completed unless the adoptive home is also a licensed foster home under s. 409.175. The preliminary home study must include, at a minimum:

(a) An interview with the intended adoptive parents.

(b) Records checks of the department’s central abuse registry, which the department shall provide to the entity conducting the preliminary home study, and criminal records correspondence checks under s. 39.0138 through the Department of Law Enforcement on the intended adoptive parents.

(d) A determination of the financial security of the intended adoptive parents.

(e) Documentation of counseling and education of the intended adoptive parents on adoptive parenting, as determined by the entity conducting the preliminary home study. The training specified in s. 409.175(14) shall only be required for persons who adopt children from the department.

(f) Documentation that information on adoption and the adoption process has been provided to the intended adoptive parents.

(g) Documentation that information on support services available in the community has been provided to the intended adoptive parents.

(h) A copy of each signed acknowledgment of receipt of disclosure required by s. 63.085.

If the preliminary home study is favorable, a minor may be placed in the home pending entry of the judgment of adoption. A minor may not be placed in the home if the preliminary home study is unfavorable. If the preliminary home study is unfavorable, the adoption entity may, within 20 days after receipt of a copy of the written recommendation, petition the court to determine the suitability of the intended adoptive home. A determination as to suitability under this subsection does not act as a presumption of suitability at the final hearing. In determining the suitability of the intended adoptive home, the court must consider the totality of the circumstances in the home. A minor may not be placed in a home in which there resides any person determined by the court to be a sexual predator as defined in s. 775.21 or to have been convicted of an offense listed in s. 63.089(4)(b)2.

History.—s. 9, ch. 73-159; s. 5, ch. 75-226; s. 18, ch. 77-147; s. 5, ch. 78-190; s. 4, ch. 80-296; s. 3, ch. 82-166; s. 2, ch. 84-28; s. 1, ch. 85-189; s. 9, ch. 92-96; s. 126, ch. 98-403; s. 19, ch. 2001-3; s. 20, ch. 2003-58; s. 14, ch. 2004-371; s. 33, ch. 2006-86; s. 15, ch. 2008-151; s. 18, ch. 2012-81; s. 39, ch. 2016-24; s. 13, ch. 2018-103; s. 8, ch. 2020-138; s. 4, ch. 2022-168.

F.S. 63.092 on Google Scholar

F.S. 63.092 on Casetext

Amendments to 63.092

Arrestable Offenses / Crimes under Fla. Stat. 63.092

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.092.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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)

. . . petitioner has filed with the court a favorable preliminary adoptive home study as required under s. 63.092 . . .

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

. . . See § 63.092(3), Fla. Stat. (2004). . . .

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

. . . . § 63.092(3). . . . Id.. § 63.092(3)(b). . . . Id. § 63.092(3). . . . Ann. § 63.092(3). . . . .

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

. . . Florida Statute § 63.092(3) (2003) requires a preliminary and thorough home study of prospective adoptive . . . Stat. § 63.092(3)(b) (2003). . . .

LOFTON, v. SECRETARY OF THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, H. R. S. XI X, 358 F.3d 804 (11th Cir. 2004)

. . . . §§ 63.092(3), 63.112(2)(b). . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. B. Y., 863 So. 2d 418 (Fla. Dist. Ct. App. 2003)

. . . conducted by a licensed child-placing agency or a professional in the same manner as provided in s. 63.092 . . .

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

. . . 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 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. BENSON,, 606 So. 2d 1272 (Fla. Dist. Ct. App. 1992)

. . . where the prospective adoptive parents reside, Chapter 92-96, § 9, Laws of Florida, amending section 63.092 . . . Section 63.092(2), as amended, requires HRS to perform the preliminary home study only if there is no . . . does not contend that there are no qualified agencies or professionals in Seminole County, section 63.092 . . .

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

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

In ADOPTION A MINOR CHILD, 570 So. 2d 340 (Fla. Dist. Ct. App. 1990)

. . . For instance, section 63.092(1), Florida Statutes (1987), provides that intermediaries are to report . . .

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 . . . available options and that a HRS caseworker met with Hindman for the interview required by section 63.092 . . .

STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. FRIENDS OF CHILDREN, INC., 653 F. Supp. 1221 (N.D. Fla. 1986)

. . . For example, the preliminary home studies are discussed at length in Section 63.092. . . . Fla.Stat. § 63.092(2). . . .

NATIONAL ADOPTION COUNSELING SERVICE, INC. v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 480 So. 2d 250 (Fla. Dist. Ct. App. 1985)

. . . it given the power to bring suits for injunction to enforce the provisions thereof except in section 63.092 . . .

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

. . . potential adopting parents to “inquire into the suitability of the intended adoptive home” Section 63.092 . . .

ADOPTION HOT LINE, INC. a v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, DISTRICT XI, B. ROTHMAN, 385 So. 2d 682 (Fla. Dist. Ct. App. 1980)

. . . . § 63.092, Fla.Stat. (1979), addresses the “suitability of the intended adoptive home” and the fact . . .

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

. . . . § 63.092(2) Fla.Stat. (1979). . § 732.103 Fla.Stat. (1979) (inheritance) and § 61.13(2)(b) Fla.Stat . . .