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Florida Statute 63.092 - Full Text and Legal Analysis
Florida Statute 63.092 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 63
ADOPTION
View Entire Chapter
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.
(c) An assessment of the physical environment of the home.
(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; s. 9, ch. 2024-71; s. 23, ch. 2025-156.

F.S. 63.092 on Google Scholar

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Amendments to 63.092


Annotations, Discussions, Cases:

Cases Citing Statute 63.092

Total Results: 17  |  Sort by: Relevance  |  Newest First

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Jason K. Behrens v. Jerry Regier, 422 F.3d 1255 (11th Cir. 2005).

Cited 43 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 18807, 2005 WL 2085656

...le for carrying out . . . [l]icensure or approval of adoptive homes.” Id. § 39.202(2)(a).2 Florida’s adoption laws state that before a child is placed in an “intended adoptive home, a preliminary home study must be performed.” Id. § 63.092(3). In addition to considering several other factors, the home study must include checking “the department’s central abuse registry.” Id. § 63.092(3)(b). A child may not be placed in a prospective adoptive home if the preliminary home study was unfavorable. Id. § 63.092(3)....
...65C–16.005(9)(a)(2). Furthermore, if the Behrenses did, in fact, receive an unfavorable home study, the complaint does not explain whether or not a court was petitioned to review the suitability of their home, as permitted under Florida law. See Fla. Stat. Ann. § 63.092(3). 7 The Supreme Court has established a two-part test for qualified immunity analysis. Smith ex rel....
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Ramey v. Thomas, 382 So. 2d 78 (Fla. 5th DCA 1980).

Cited 14 times | Published | Florida 5th District Court of Appeal

...Unless constrained by his obligation to preserve the confidence and secrets of his client, a lawyer should reveal to appropriate authorities any knowledge he may have of such improper conduct. [3] § 744.391 Fla. Stat. (1979). [4] § 62.062(2)(a) Fla. Stat. (1979). [5] § 63.092(2) Fla....
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In Re Snw, 912 So. 2d 368 (Fla. 2d DCA 2005).

Cited 9 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2467056

...ly law cases. It appears that Adoption Miracles included with its initial filings a motion for approval of placement of the child with the prospective adoptive parents and the preliminary favorable home study of the prospective adoptive parents. See § 63.092(3), Fla....
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Lofton v. Sec'y of the Dep't of Child. & Fam. Servs., 377 F.3d 1275 (11th Cir. 2004).

Cited 7 times | Published | Court of Appeals for the Eleventh Circuit

...Houghton attempted to adopt Roe. Because of Houghton’s homosexuality, however, he did not receive a favorable preliminary home study evaluation, which precluded him from filing the necessary adoption petition in state circuit court. Fla. Stat. §~ 63.092(3), 63.112(2)(b). Plaintiff-appellants Wayne Lame Smith and Daniel Skahen, an attorney and real estate broker residing together in Key West, became licensed DCF foster parents after completing a requisite ten-week course in January of 2000....
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In Re Adoption of MAH, 411 So. 2d 1380 (Fla. 4th DCA 1982).

Cited 5 times | Published | Florida 4th District Court of Appeal

...words in Section 63.072(1). [7] It is we hope obvious that the legislature has not excluded the best interests of the child in so far as the required study of potential adopting parents to "inquire into the suitability of the intended adoptive home" Section 63.092(2) is concerned....
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Hindman v. Bischoff, 534 So. 2d 743 (Fla. 2d DCA 1988).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 1988 WL 115954

...She asserts that the consent was executed under duress, that she was not afforded the opportunity to review the document, and that she received no counselling to insure that it was voluntary. She also claims that Bischoff failed to comply with sections 63.022(k), 63.082(5), and 63.092(1) and (3)(c), Florida Statutes (1985)....
...uld be sued by Bischoff for the expenses he assumed if she were not to complete the process. The record, however, leaves doubtless that Bischoff explained the available options and that a HRS caseworker met with Hindman for the interview required by section 63.092(3)(a)(1), Florida Statutes (1985)....
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Adoption Hot Line, Inc. v. ST. ETC., 385 So. 2d 682 (Fla. 3d DCA 1980).

Cited 4 times | Published | Florida 3rd District Court of Appeal

...A temporary injunction is clearly not conclusive; its provisions may be merged in, or dissolved by, the final decree, North Dade Water Co. v. Adken Land Co., 114 So.2d 347 (Fla. 3d DCA 1959), or it may be attacked while the suit is pending. Fla.R.Civ.P. 1.610(c). [3] § 63.092, Fla....
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Adoption Miracles, LLC v. S.C.W., 912 So. 2d 368 (Fla. 2d DCA 2005).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 16035

study of the prospective adoptive parents. See § 63.092(3), Fla. Stat. (2004). On January 10, 2005, the
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In Re Adoption of a Minor Child, 570 So. 2d 340 (Fla. 4th DCA 1990).

Cited 2 times | Published | Florida 4th District Court of Appeal | 1990 WL 149748

...since that case was decided. [4] Although the courts should not adhere to the literal meaning when it is clearly contrary to legislative intent, we cannot find that the literal interpretation is clearly contrary to legislative intent. For instance, section 63.092(1), Florida Statutes (1987), provides that intermediaries are to report to the Department of Health and Rehabilitative Service any intended placements of minors for adoption with any person not a stepparent or not related within the th...
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STATE OF FLA., DEPT. OF HRS v. Friends of Child., 653 F. Supp. 1221 (N.D. Fla. 1986).

Cited 1 times | Published | District Court, N.D. Florida | 55 U.S.L.W. 2511, 1986 U.S. Dist. LEXIS 16013

...The legislature has not included all adoption related activities in the term placement. Throughout the Florida Adoption Act, the legislature has repeatedly referred to placement as separate from home studies and other adoption related activities. For example, the preliminary home studies are discussed at length in Section 63.092....
...That section makes it clear that the preliminary home study is to be completed before placement occurs: [I]n no event shall the child be placed in the prospective adoptive home prior to the completion of the preliminary study unless ordered by the court. Fla.Stat. § 63.092(2)....
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Dep't of Health & Rehabilitative Servs. v. Benson, 606 So. 2d 1272 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 11311, 1992 WL 312827

Chapter 92-96, § 9, Laws of Florida, amending section 63.092(2) of the Florida Statutes (1991), required
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Matter of Adoption of Kmc, 606 So. 2d 1262 (Fla. 4th DCA 1992).

Published | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 11345, 1992 WL 317557

...The intermediary represents the adoptive parents and acts only as an intermediary for the child's placement. See § 63.085(1)(f), Fla. Stat. Before a child can be placed in a prospective adoptive parent's home by an intermediary, a preliminary home study must be performed by a licensed professional or agency. See § 63.092(2), Fla....
...Second, Chapter 63's statutory scheme requires that a trained and qualified professional assess the adoptive parents' home environment at all pertinent times during the adoption process and that the trial court consider the professional reports prior *1265 to judgment on the adoption petitions. See §§ 63.092(2), 63.125(1), 63.022(2)(c), Fla....
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Ago (Fla. Att'y Gen. 1998).

Published | Florida Attorney General Reports

of a favorable preliminary home study under section 63.092(2), Florida Statutes (1998 Supplement), pending
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Dep't of Child. & Families & Guardian Ad Litem v. J.H. & K.H. (Fla. 6th DCA 2025).

Published | Florida 6th District Court of Appeal

obligation to complete and approve a home study. See § 63.092(3), Fla. Stat. (2023) (“If the identified prospective
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Lofton v. Sec. Dept. of Child. & Fam., 377 F.3d 1275 (11th Cir. 2004).

Published | Court of Appeals for the Eleventh Circuit | 2004 WL 1627022

...59 the state had adequate anti-fraud provisions with strict penalties, Florida’s rationale should likewise be discounted, given that Florida has explicitly tailored provisions to protect children placed in adoptive homes. Florida Statute § 63.092(3) (2003) requires a preliminary and thorough home study of prospective adoptive parents and the state uses its full power to screen all applicants and bar adoption by anyone not deemed to be a fit parent....
...In the context of adoption, this disparity of treatment on the face of the statute amounts to the purest form of irrationality. 23 The statute’s preliminary home study requirement includes a check of the DCF central abuse registry and statewide criminal records. Fla. Stat. § 63.092(3)(b) (2003)....
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Nat'l Adoption Counseling Serv., Inc. v. State, Dep't of Health & Rehabilitative Servs., 480 So. 2d 250 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 94, 1985 Fla. App. LEXIS 6030

to enforce the provisions thereof except in section 63.092(9), having to do with intermediaries. That
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Dep't of Child. & Families & Guardian Ad Litem v. J.H. & K.H. (Fla. 6th DCA 2025).

Published | Florida 6th District Court of Appeal

obligation to complete and approve a home study. See § 63.092(3), Fla. Stat. (2023) (“If the identified prospective

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