Legislative intent.§ 63.022
56 opinions cite § 63.022
-
Department of Children & Families v. Adoption of X.X.G. 45 So. 3d 79 · 3D08-3044 · 3rd DCA 2010
· cited by 12 in all courts
Florida's ban on adoption by gay people (s. 63.042(3)) has no rational basis; the foster father's adoption of two boys from foster care is affirmed.
…that there be individual studies which the judge must consider in order to decide whether the proposed adoption is in the best interest of the child. § 63.022(2), (4)(c), Fla. Stat.; Fla. Admin. Code R. 56C-16.005(2). There must be a favorable preliminary home study, § 63.112(2)(b), Fla. Stat., followed by a final…
-
Heart of Adoptions, Inc. v. J.A. 963 So. 2d 189 · SC07-738 · Florida Supreme Court 2007
· cited by 114 in all courts
…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." § 63.022(3), Fla. Stat. (2005). The most prevalent theme in the discussion of legislative intent is that of permanence, stability, and finality with regard to adoptive…
-
S.J. ex rel. M.W. v. W.L. 755 So. 2d 753 · 4D99-2724 · 4th DCA 2000
Affirmed denial of siblings' motion to vacate a foster child's adoption; siblings who never lived with her lacked standing, and removal wasn't in her interest.
…the grandparents acquired their legal interest under a New Jersey court order awarding them visitation rights. In this case, the siblings argue that section 63.022(1), Florida Statutes, confers legal status on them in that it sets forth the Legislature's intent to "maintain sibling groups." [1] However, the *756 first…
-
Department of Health & Rehabilitative Services v. Cox 627 So. 2d 1210 · 2D93-01138 · 2nd DCA 1993
· cited by 8 in all courts
En banc, the Second District upholds the ban on adoption by homosexual persons against privacy, due process and equal protection challenges by HRS adoption applicants.
…at 2642 . The state clearly has a legitimate governmental purpose in seeking to provide for the best interests of children in need of adoption. Cf. § 63.022(1), Fla. Stat. (1991) ("It is the intent of the legislature to protect and promote the well-being of persons being adopted and their natural and adoptive parents…
-
D.S. v. J.L. 18 So. 3d 1103 · 1D09-1233 · 1st DCA 2009
… Heart of Adoptions, Inc. v. J.A., 963 So.2d 189, 195 (Fla.2007). In Chapter 63, the Legislature included a provision entitled "Legislative intent." § 63.022. It provides, in pertinent part, as follows: (1) The Legislature finds that: (a) The state has a compelling interest in providing stable and permanent…
-
D.S. v. J.L. 18 So. 3d 1103 · 1D09-1233-2 · 1st DCA 2009
· cited by 3 in all courts
…See Heart of Adoptions, Inc. v. J.A., 963 So.2d 189, 195 (Fla.2007). In Chapter 63, the Legislature included a provision entitled “Legislative intent.” § 63.022. It provides, in pertinent part, as follows: (1) The Legislature finds that: (a) The state has a compelling interest in providing stable and permanent…
-
G.S. v. T.B. 969 So. 2d 1049 · 1D06-5264 · 1st DCA 2007
· cited by 3 in all courts
…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. § 63.022(2) & (4X1), Fla. Stat. (2006). JUDGMENT. — At the conclusion of the hearing, after the court determines that *1051 the date for a parent to file an appeal of…
-
A.R. v. Department of Children & Families 2D20-2477-2 · 2nd DCA 2022
Order striking a biological sibling's filings and sibling-visitation motion was reversed because due process required notice and a hearing on whether her participation served the child's best interests.
…impact the instant case. These statutory provisions enacted by our legislature once again invoke the "best interest of the child" mandate. In section 63.022, Florida Statutes (2020), we find this legislative language repeatedly used. First, section 63.022(2) expressly provides that in adoption proceedings the…
-
A.R. v. Department of Children & Families 2D20-2477 · 2nd DCA 2021
Order striking a sibling's filings seeking sibling visitation reversed because due process required notice and a hearing on whether her participation served the child's interests.
…Fams. for Equity & Reform, 431 U.S. 816, 843 (1977), and a biological relationship is present here. 8 In section 63.022, Florida Statutes (2020), we find this legislative language repeatedly used. First, section 63.022(2) expressly provides that in adoption proceedings the…
-
Baby E.A.W. v. J.S.W. 647 So. 2d 918 · 4D93-3040 · 4th DCA 1994
…his right to consent to the adoption by prebirth abandonment of the mother. Nor is this principle at odds with the legislative intent set forth in section 63.022(2)( l ), Florida Statutes (1993), that "[i]n all matters coming before the court pursuant to this act, the court shall enter such orders as it deems necessary and…
-
Palm Beach County Ex Rel. Adoption of T.G.L. 606 So. 2d 730 · 4D91-2735 · 4th DCA 1992
· cited by 1 in all courts
…for [T.G.L.'s] attorney's fees... ." The court entered an order awarding fees and costs and holding the county responsible, citing to sections 43.28 and 63.022, Florida Statutes (1991). *732 LAW AND ANALYSIS The trial court relied on section 43.28, which requires the county to provide the "personnel…
-
In re Adoption of Baby A. 944 So. 2d 380 · 2D05-3614 · 2nd DCA 2006
· cited by 6 in all courts
…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. § 63.022, Fla. Stat. (2004). The legislature's theory that an unmarried biological father's constitutional rights are "inchoate" is further explained in section…
-
I.B. v. Department of Children & Families 876 So. 2d 581 · 5D03-2480 · 5th DCA 2004
· cited by 18 in all courts
Foster parents had standing to be heard, and the court must hold a best-interests hearing before moving the child to DCF-selected out-of-state relatives.
… An adoption proceeding under this subsection is governed by chapter 63, as limited under s. 63.037. (emphasis added) Chapter 63 specifically provides: 63.022. Legislative intent (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…
-
G.W.B. v. J.S.W. 647 So. 2d 918 · DCA93-3040 · District Court of Appeal 1994
…his right to consent to the adoption by prebirth abandonment of the mother. Nor is this principle at odds with the legislative intent set forth in section 63.022(2)©, Florida Statutes (1993), that “[i]n all matters coming before the court pursuant to this act, the court shall enter such orders as it deems necessary and…
-
Matter of Adoption of Doe 543 So. 2d 741 · SC72593 · Florida Supreme Court 1989
· cited by 48 in all courts
…parents are interlopers, albeit benign, in this case. The issue of the best interest of this child arises only when the child is legally free for adoption. § 63.022(2), Fla. Stat. (1985). Were that issue to be reached, history has demonstrated that, unless unfit, the best interest of the child lies with the natural parents.…
-
Children's Home Society of Florida v. V.D. 188 So. 3d 920 · 1D16-0021 · 1st DCA 2016
…as to the identity of potential biological fathers identified to the adoption agency “before the date [the mother] signed the consent for adoption”); id. § 63.022 (reciting unmarried birth mother’s right to privacy in making decisions about her future and the future of the child); id. § 63.063(2) (finding that “the…
-
In re Adoption of K.A.G. 152 So. 3d 1271 · 5D14-2751 · 5th DCA 2014
· cited by 5 in all courts
…for rehearing, Grandmother and Father timely appealed. A child’s best interests must be at the forefront when the court considers an adoption. See § 63.022(2), Fla. Stat. (2013). Our standard of review in a termination of parental rights case is highly deferential. N.L. v. Dep’t of Children & Family Servs., 843…
-
D.M.T. v. T.M.H. 129 So. 3d 320 · SC12-261 · Florida Supreme Court 2013
· cited by 37 in all courts
…that a genetic father who has not acted as a parent does not have any protected liberty interest in the child under the Florida or federal constitutions); § 63.022(l)(e), Fla. Stat. (“An unmarried biological father has an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full…
-
Department of Children & Family Services v. P.S. 932 So. 2d 1195 · 1D05-4421 · 1st DCA 2006
· cited by 6 in all courts
Adoption by an out-of-state grandmother reversed because the court skipped DCF's consent, an unreasonably-withheld finding, and the required favorable preliminary adoptive home study.
…with adoption recognizes "[t]he state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner . . . ." § 63.022(1)(a), Fla. Stat. (2005); see § 63.022(2) (articulating legislative intent "that in every adoption, *1201 the best interest of the child should govern and be of…
-
B.B. v. P.J.M. 933 So. 2d 57 · 1D05-0510 · 1st DCA 2006
· cited by 3 in all courts
Adoption by grandparents reversed over a dissent: the unmarried father was established as the father through the dependency proceeding, so his consent was required.
…and the finality of adoptions, to encourage responsible fatherhood, and to combat fraud. 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 stable…
-
J.S. v. S.A. 912 So. 2d 650 · 4D05-156 · 4th DCA 2005
…a timely and full commitment to the responsibilities of parenthood" by providing care and support and by establishing legal paternity rights. See § 63.022(1)(e), Fla. Stat. (2004). Allowing a father to "sit on his rights" or remain on the fence indefinitely would undermine the state's "compelling *662 interest in…
-
J.S. v. S.A. 912 So. 2d 650 · 4D05-156-2 · 4th DCA 2005
· cited by 11 in all courts
…a timely and full commitment to the responsibilities of parenthood” by providing care and support and by establishing legal paternity rights. See § 63.022(l)(e), Fla. Stat. (2004). Allowing a father to “sit on his rights” or remain on the fence indefinitely would undermine the state’s “com *662 pelling interest in…
-
Behrens v. Regier 422 F.3d 1255 · CA11-04-14820 · 11th Cir. 2005
· cited by 64 in all courts
Dismissal affirmed: a father listed by DCF as a verified child abuser alleged no stigma-plus liberty interest, and there is no fundamental right to adopt.
…the decision to place a child in a prospective home is a discretionary one, where the “best interests of the child” always govern. See Fla. Stat. Ann. § 63.022(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…
-
B.Y. v. Department of Children & Families 887 So. 2d 1253 · SC04-258 · Florida Supreme Court 2004
· cited by 56 in all courts
Supreme Court quashed the district court: a trial court may finalize a relative's adoption without DCF consent when DCF unreasonably withholds it.
…of Doe, 543 So.2d 741 (Fla.1989) (stating that the best interest of the child in adoption proceedings is the paramount consideration); see also, §§ 63.022(2)( l ), 63.122(5), 63.142(4), Fla. Stat. (2002). This duty exists during the dependency proceedings, and continues through the adoption proceedings. See B.B. v.…
-
C.S. v. S.H. 671 So. 2d 260 · 4D95-4099 · 4th DCA 1996
…foster care for more than 1 year." § 39.45(2), Fla.Stat. Of course, the trial court must act in the child's best interests in adoption proceedings. See § 63.022(1), (2), Fla.Stat. But that general statement of policy cannot supersede the specific statutory limitations on the trial court's authority to interfere with…
-
C.S. v. S.H. 671 So. 2d 260 · DCA95-4099 · District Court of Appeal 1996
· cited by 35 in all courts
…foster care for more than 1 year.” § 39.45(2), Fla.Stat. Of course, the trial court must act in the child’s best interests in adoption proceedings. See § 63.022(1), (2), Fla.Stat. But that general statement of policy cannot supersede the specific statutory limitations on the trial court’s authority to interfere with…
-
Department of Health & Rehabilitative Services v. Doe 659 So. 2d 697 · 1D95-355 · 1st DCA 1995
· cited by 3 in all courts
…but they did not have standing to challenge adoption as to the sister with whom they had not established such a relationship. Respondents argue that section 63.022(1), Florida Statutes (1993), confers legal status upon them as intervenors. That section states the legislative intent of the Florida Adoption Act: It is the…
-
Department of Health & Rehabilitative Services v. Doe 659 So. 2d 697 · DCA95-355 · District Court of Appeal 1995
· cited by 6 in all courts
…but they did not have standing to challenge adoption as to the sister with whom they had not established such a relationship. Respondents argue that section 63.022(1), Florida Statutes (1993), confers legal status upon them as intervenors. That section states the legislative intent of the Florida Adoption Act: It is the…
-
Henriquez v. Adoption Centre, Inc. 641 So. 2d 84 · 5D93-173 · 5th DCA 1994
· cited by 3 in all courts
…and unambiguous legislative mandates. In light of the 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 establishment of any "cooling-off" period to the…
-
V.R. v. Department of Children & Families 4D21-1550 · 4th DCA 2021
Denial of the adoption entity's motion to intervene reversed because section 63.082(6) requires only one parent's consent, and the father had consented.
…that the mother was “the first person listed as to from whom consent must be sought” to adopt. Second, the court found the legislative intent behind section 63.022(5) was: to provide for cooperation between private adoption entities and the Department of Children and Families in matters relating…
-
A.M. v. D.S. 1D19-1855 · 1st DCA 2021
Termination and permanent guardianship reversed because a Chapter 63 adoption-related case was decided under Chapter 39 without notice, violating the father's due process.
…the requirements of law”; and that the “required persons consent to the adoption or the parent-child relationship is terminated by judgment of the court.” § 63.022(4)(a)–(b), Fla. Stat. Unlike a chapter 39 TPR proceeding—where termination is its own end upon clear and convincing proof of certain statutory factors—a TPR…
-
N.C. v. Department of Children & Families 2D19-2542 · 2nd DCA 2020
Certiorari granted; order authorizing immunization of sheltered children over the mother's religious objection quashed because the court misapplied the governing statutes.
…the Legislature."); Fla. Dep't of Health & Rehab. Servs. v. Doe, 659 So. 2d 697, 699 (Fla. 1st DCA 1995) ("The legislative statement contained in section 63.022(1)[, Florida Statutes (1993),] is a general statement of legislative intent to guide HRS and does not provide a basis for legal standing."). Although the…
-
E.P. v. Hogreve 259 So. 3d 1007 · 5D17-3171 · 5th DCA 2018
· cited by 2 in all courts
…party beneficiary of contract but defendants were attorneys for adoptive parents, "who evidently intended to benefit child by adopting her"); see also § 63.022, Fla. Stat. (2010) ("It is the intent of the Legislature to protect and promote the well-being of persons being adopted and their birth and adoptive parents…
-
Bergman v. In re: Adoption of Z.E.S., a Child 238 So. 3d 847 · 4D17-1730 · 4th DCA 2018
…of the court’s power to enter judgments of adoption” and that “the adoption decree was consistent with the intent of the Legislature set forth in section 63.022, Florida Statutes (2012).” Id. at 638 n.2. While D.P.P. implicitly approves of a parent petitioning with a non- spouse to adopt her own child, that case…
-
Department of Children & Families v. Guardian ad Litem Program 186 So. 3d 1084 · 1D15-5563 · 1st DCA 2016
· cited by 2 in all courts
Writ granted quashing an order limiting DCF to one prospective adoptive family; selecting the adoptive home exceeded the court's authority and separation of powers.
…made clear its “intent ... that in every adoption, the best interest of thé child should govern and be of foremost concern in the court’s determination.” § 63.022(2), Fla. Stat. (2015). “A case in which a minor becomes available for adoption after the parental rights of each parent have been terminated by a judgment…
-
Adoption of D.P.P. v. C.P. 158 So. 3d 633 · 5D13-1766 · 5th DCA 2014
· cited by 1 in all courts
…v. Allen Parker Co., 202 So.2d 4 (Fla. 3d DCA 1967)). . The adoption decree was consistent with the intent of the Legislature set forth in section 63.022, Florida Statutes (2012), which provides, in part: (1) The Legislature finds that: (a) The state has a compelling interest in providing stable and…
-
K.H. v. Children's Home Society 120 So. 3d 104 · 4D13-1509 · 4th DCA 2013
· cited by 2 in all courts
…inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood ....” § 63.022(l)(e), Fla. Stat. (2012). Commitment to the responsibilities of parenthood must be shown in accordance with the requirements of Chapter 63. Id. Here, the father…
-
K.D. v. Gift of Life Adoptions, Inc. 17 So. 3d 1244 · 2D08-6403 · 2nd DCA 2009
…an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood.” § 63.022(l)(e), Fla. Stat. (2007). In order to preserve his right to notice and consent to an adoption, an unmarried biological father must comply with the dictates of both…
-
J.C.J. v. Heart of Adoptions, Inc. 989 So. 2d 32 · 2D07-2679 · 2nd DCA 2008
· cited by 4 in all courts
…providing appropriate medical care and financial support and by establishing legal paternity rights in accordance with the requirements of this chapter. § 63.022(1)(e), Fla. Stat. (2004). [2] Additionally, an unmarried biological father of a child younger than six months of age when placed with adoptive parents, on…
-
The Florida Bar v. Dove 985 So. 2d 1001 · SC05-302 · Florida Supreme Court 2008
· cited by 3 in all courts
…children are advanced. This duty exists during the dependency proceedings, and continues through the adoption proceedings." (citations omitted)); see also § 63.022(2)(1), Fla. Stat. (2002). This applies to both biological families and those families that step forward to provide loving care for children. However, misconduct…
-
D.R. v. Department of Children & Family Services 963 So. 2d 746 · 3D06-975 · 3rd DCA 2007
…P.S., 932 So.2d 1195 (Fla. 1st DCA 2006), and substantial, competent evidence as to the best interests of the child, see §§ 39.621(3), 39.812(4)-(5), 63.022(2), 63.142(4), Fla. Stat. (2005); B.Y. v. Dep’t of Children & Families, 887 So.2d 1253 (Fla.2004), we find neither error nor abuse of discretion. …
-
In re Baby H. 981 So. 2d 471 · 2D05-5058 · 2nd DCA 2007
· cited by 1 in all courts
…of this chapter and demonstrates a prompt and full commitment to his parental responsibilities. The legislature has also specifically found in section 63.022(1)(e) that "[t]he state has a compelling interest in requiring an unmarried biological father . . . [to establish] legal paternity rights in accordance with the…
-
C.M. v. Department of Children & Families 953 So. 2d 547 · 1D05-5351 · 1st DCA 2007
· cited by 13 in all courts
Termination affirmed, but commitment for adoption was remanded so the court can consider the paternal aunt as adoptive placement after her home study.
…application to adopt A.A. that (a) potential adoptive parent(s) may file, so "that all adoptions are handled in accordance with the requirements of law," § 63.022(4)(a), Fla. Stat. (2006), with due regard to any statutory priorities that may pertain. See, e.g., § 63.0425, Fla. Stat. (2006) ("Grandparent's right to adopt"). …
-
In re J.T. 947 So. 2d 1212 · 2D06-1523 · 2nd DCA 2007
· cited by 5 in all courts
Appeals from order letting an adoption agency intervene and transferring the case were treated as certiorari and denied; the dependency court keeps jurisdiction.
…protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood, both during pregnancy and after the child's birth." § 63.022(1)(e). Petitions for certiorari in case numbers 2D06-296 and 2D06-416 denied; petition for writ of certiorari in case number 2D06-1037 denied; petitions for writ…
-
A.F.L. v. Department of Children & Families 927 So. 2d 101 · 5D05-2372 · 5th DCA 2006
· cited by 2 in all courts
Biological father's claim denied because he registered with the Putative Father Registry too late and failed to show a prompt commitment to parenthood.
…in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of the children.' See § 63.022(1)(a). 912 So.2d at 661-62 . The Fourth District concluded that there was clear and convincing evidence that the father failed to exercise reasonable diligence…
-
Department of Children & Families v. T.A.T. 915 So. 2d 228 · 5D05-242 · 5th DCA 2005
PER CURIAM. AFFIRMED. See § 63.022(2), Fla. Stat. (2005); Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980); D.B. v. Dep’t of Children and Families, 876 So.2d 581 (Fla. 5th DCA 2004).…
-
In re S.N.W. 912 So. 2d 368 · 2D05-996 · 2nd DCA 2005
Reversed: the adoption agency could intervene in the dependency case, and the mother's adoption consent could not be set aside without notice and fraud proof.
…when a child is the subject of a dependency in one division of the circuit court and the subject of a private adoption in another division or circuit. Cf. § 63.022(5), Fla. Stat. (2004) (indicating legislative intent to provide for cooperation between private adoption entities and the Department in matters relating to…
-
Adoption Miracles, LLC v. S.C.W. 912 So. 2d 368 · 2D05-996-2 · 2nd DCA 2005
· cited by 27 in all courts
Reversed: the adoption agency could intervene in the dependency case, and the mother's adoption consent could not be set aside without notice and fraud proof.
…when a child is the subject of a dependency in one division of the circuit court and the subject of a private adoption in another division or circuit. Cf. § 63.022(5), Fla. Stat. (2004) (indicating legislative intent to provide for cooperation between private adoption entities and the Department in matters relating to…
-
Department of Children & Family Services v. I.B. 891 So. 2d 1168 · 1D04-0355 · 1st DCA 2005
· cited by 10 in all courts
…Fla. Stat. (2003), and say that "[t]he state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner," § 63.022(1)(a), Fla. Stat. (2003), constitute sufficient authority for DCFS to promulgate Rule 65C-16.008(2), prohibiting affected applicants' resort to the Administrative…
-
O.A.H. v. R.L.A. 712 So. 2d 4 · 2D96-05015 · 2nd DCA 1998
…the power to terminate the rights of the nonconsenting parent is vested solely in the judicial branch of the state government. Indeed, as stated in section 63.022(2)(b), Florida Statutes (1993), one of the "basic safeguards" of the adoption chapter is to provide that "[t]he required persons consent to the adoption or the…
-
O.A.H. v. R.L.A. 712 So. 2d 4 · 2D96-05015-2 · 2nd DCA 1998
· cited by 15 in all courts
…the power to terminate the rights of the nonconsenting parent is vested solely in the judicial branch of the state government. Indeed, as stated in section 63.022(2)(b), Florida Statutes (1993), one of the “basic safeguards” of the adoption chapter is to provide that “[t]he required persons consent to. the adoption or the…
-
In Interest of C.G. 612 So. 2d 602 · 4D92-2246 · 4th DCA 1992
· cited by 5 in all courts
…to "parties" in section 39.41(1)(a)7. We agree and reverse. The legislature has set forth its intentions regarding the placement of siblings in section 63.022(1) of the Florida Adoption Act: (1) It is the intent of the Legislature to protect and promote the well-being of persons being adopted and their natural and…
-
M.L.B. v. Department of Health & Rehabilitative Services 559 So. 2d 87 · DCA89-235 · District Court of Appeal 1990
· cited by 8 in all courts
…the well-being of persons being adopted and their natural and adoptive parents and to provide all children who can benefit by it a permanent family life.” § 63.022, Fla.Stat. (1987). The state’s paramount concern is the best interest of the child. 2 In re Adoption of *88 H.Y.T., 458 So.2d 1127 (Fla.1984); …
-
In Interest of K.A.F. 442 So. 2d 365 · 5D81-1354 · 5th DCA 1983
· cited by 18 in all courts
…the child; ... [2] The public policy of Florida favors a permanent family life for children rather than merely an indefinite protective custody. See § 63.022, Fla. Stat. (Supp. 1982). [3] Several courts, however, including this one, previously have applied the "abandonment" test set out in section 39.01(1). See…
-
Amendments to Florida Supreme Court Approved FamiLy Law Forms—Stepparent Adoption Forms 870 So. 2d 791 · SC04-104 · Florida Supreme Court 2004
· cited by 2 in all courts
PER CURIAM. The 2003 Florida Legislature amended numerous statutes related to adoption, in- *792 eluding sections 63.022, 63.062, 63.082, 63.085, 63.087- 089, 63.102, 63.112, 63.122, 63.132, 63.142, and 63.182, Florida Statutes (2002). The 2003 Florida Legislature also created…
-
Amendments to Florida Supreme Court Approved Family Law Forms—Stepparent Adoption Forms 821 So. 2d 263 · SC02-516 · Florida Supreme Court 2002
· cited by 1 in all courts
PER CURIAM. The 2001 Florida Legislature enacted new adoption laws, sections 63.022-.039, 63.0425-.0427, 63.052-.132, 63.142, 63.162-.165, 63.202-.219, 63.2325, 63.235, Florida Statutes (2001), which became effective October 1, 2001. See …
No opinion cites this provision by number.
0 admin code rules cite § 63.022
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.
No admin code rule cites § 63.022.
0 CFOPs cite § 63.022
How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.
No CFOP cites § 63.022.
Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.
(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.