CopyCited 38 times | Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 659, 2004 Fla. LEXIS 1990, 2004 WL 2534335
...in the absence of its consent to the adoption, and subsidies could not be applied for because B.Y.'s fingerprints, necessary for the application process, had been damaged. In response, the attorney ad litem for the three children argued that a final home investigation was not required under section 63.125, Florida Statutes (1999), because B.Y....
...The department then refused to consent to the adoptions due to the lack of a favorable final home study, even though two of the three adoptions in this case were exempt from such a study because of the children's blood relationship with the petitioner. See § 63.125(1), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 14014, 61 A.L.R. 6th 621
...There must be a favorable preliminary home study, §
63.112(2)(b), Fla. Stat., followed by a final home investigation "to ascertain whether the adoptive home is a suitable home for the minor and whether the proposed adoption is in the best interest of the minor." Id. §
63.125(1); Fla....
...65C-16.001(7), (8). "The report of the investigation must contain an evaluation of the placement with a recommendation on the granting of the petition for adoption and any other information the court requires regarding the petitioner or the minor." § 63.125(3), Fla....
...This process includes a family social and medical history, in-home visits with the minor and minor's proposed adoptive parent or parents and gathering any other information which may be relevant to the suitability of the intended adoptive home. Id. § 63.125(5)....
...Secretary of Department of Children & Family Services,
358 F.3d 804 (11th Cir.), rehearing en banc denied,
377 F.3d 1275 (11th Cir.2004). [7] Unless otherwise directed by the court, an investigation and recommendation is not required if the petitioner is a stepparent or blood relative. Id. §
63.125....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 19802, 2003 WL 23095250
...post-adoption subsidies. DCF contends that discretion over this chain of events from home study to consent to subsidies is firmly reposed in it by Chapter 39 and related administrative rules, and may not be upset by judicial intervention, even where section 63.125(1), Florida Statutes applies....
...instead relies upon the judicial powers for the protection of children vested by Chapter 63 in asserting that the trial court did not err by finalizing the adoption of the children. This is especially the case because no home study was required under section 63.125(1) where at least two of the siblings to be adopted were within the third degree of consanguinity with B.Y....
...nvestigation. DCF also stated that adoption subsidies would not be payable to B.Y. in the absence of DCF consent to the adoption. In response, the attorney ad litem for the three children argued that a final home investigation was not required under section 63.125, because B.Y....
...This, however, does not resolve the question of whether DCF was justified in withholding its consent considering the circumstances of the case at bar. B.Y. contends that the final home study was not required in the present case based on the language of section 63.125(1): The final home investigation must be conducted before the adoption becomes final....
...Furthermore, a court can order the home study where it has concerns about the adoption, even if DCF does not have those concerns. Overall, DCF holds the discretion to consent to adoptions, withhold its consent, and do so based on inability to conduct a final home study even where section 63.125(1) applies, if DCF has concerns about the prospective adoptive placement....
CopyPublished | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 11345, 1992 WL 317557
...ns to order the child to be returned immediately to the adoptive parents and to vacate its order terminating the adoption petition. Accordingly, the final home investigation should resume when the child is returned to the adoptive parents' home. See § 63.125, Fla....
...Upon entry of the preliminary order, the intermediary ceases to be the child's guardian, the adoptive parents are the child's guardian, and the intermediary assumes a supervisory role. See §§
63.122(1),
63.052(1), Fla. Stat. A final home investigation as detailed by section
63.125(1), Florida Statutes, must be conducted before the adoption becomes final....
...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....
...See §
63.022(2)(c), Fla. Stat. Accordingly, this case is remanded with instructions to immediately return the child to the adoptive parents, vacate the order terminating the adoption petition, and order that the final home investigation be conducted as set forth in section
63.125, Florida Statutes....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 17 Fla. L. Weekly Fed. B 20, 2003 Bankr. LEXIS 1725, 2003 WL 23014382
...The state court also found that the Debtor had committed a fraud on the court by signing the petition for adoption, which stated that he was related to the birth mother within the third degree of consanguinity. This fact is critical because if there is no such relationship, *920 Florida Statutes section 63.125 requires a home study, which specifically includes an interview with the birth mother....
