Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Definitions.§ 63.032

Chapter 63 · Adoption · 2026 Florida Statutes

53 opinions cite § 63.032

  1. C.G. v. R.C. 1D18-4552 · 1st DCA 2019

    This opinion cites § 63.032 12 times: (1), and the section generally

    …of incarceration was for a significant period of R.’s minority, but also that Appellee had, in general, “abandoned” R., as that term is defined in section 63.032, Florida Statutes, and further, that Appellee had abandoned R. according to the elements set forth in section 63.089(4)(a)1.-4., Florida Statutes. …

  2. In re Adoption of Baby E.A.W. 658 So. 2d 961 · SC84819 · Florida Supreme Court 1995

    This opinion cites § 63.032 12 times: (14), and the section generally

    · cited by 97 in all courts

    …1994), where the district court certified this question as one of great public importance: IN MAKING A DETERMINATION OF ABANDONMENT AS DEFINED BY SECTION 63.032(14), FLORIDA STATUTES (SUPP. 1992), MAY A TRIAL COURT PROPERLY CONSIDER LACK OF EMOTIONAL SUPPORT AND/OR EMOTIONAL ABUSE OF THE FATHER TOWARD THE MOTHER DURING…

  3. Baby E.A.W. v. J.S.W. 647 So. 2d 918 · 4D93-3040 · 4th DCA 1994

    This opinion cites § 63.032 12 times: (14)

    …was required in this case unless the evidence shows that he "abandoned" the child. § 63.072(1), Fla. Stat. (1992). The term "abandoned" is defined in section 63.032(14), Florida Statutes (1992), and provides, inter alia, that "In making this decision, [whether abandonment has occurred] the court may consider the conduct of…

  4. G.W.B. v. J.S.W. 658 So. 2d 961 · SC84819-2 · Florida Supreme Court 1995

    This opinion cites § 63.032 11 times: (14), and the section generally

    · cited by 12 in all courts

    …1994), where the district court certified this question as one of great public importance: IN MAKING A DETERMINATION OF ABANDONMENT AS DEFINED BY SECTION 63.032(14), FLORIDA STATUTES (SUPP.1992), MAY A TRIAL COURT PROPERLY CONSIDER LACK OF EMOTIONAL SUPPORT AND/OR EMOTIONAL ABUSE OF THE FATHER TOWARD THE MOTHER DURING…

  5. G.W.B. v. J.S.W. 647 So. 2d 918 · DCA93-3040 · District Court of Appeal 1994

    This opinion cites § 63.032 8 times: (14)

    …of parental rights. The problem with the statutory definition set forth in subsection 39.01(1), and subsequently engrafted by the legislature into subsection 63.032(14), is that the primary definition clearly envisions circumstances where the parent has abandoned the child post-birth. For example, the first part of the…

  6. A.M. v. D.S. 1D19-1855 · 1st DCA 2021

    Reversed & remanded This opinion cites § 63.032 7 times: (1)

    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.

    …notice and obtain consent or waiver). 6 Chapter 63 provides that abandonment, as that term is defined in section 63.032(1), Florida Statutes, may substitute for actual consent. See § 63.089(3)(e), (4), Fla. Stat. (allowing trial court to enter a TPR “pending adoption” against a…

  7. V.C.B. v. Shakir 145 So. 3d 967 · 4D14-1292 · 4th DCA 2014

    This opinion cites § 63.032 6 times: (1), and the section generally

    · cited by 3 in all courts

    …evidence that the father had abandoned the child, both “financially and emotionally,” based on the definition of “abandoned” contained within section 63.032, Florida Statutes (2014).1 The trial court further stated, however: W. That the Court has considered the holding In Beagle v. Beagle, 678…

  8. J.S. v. S.A. 912 So. 2d 650 · 4D05-156 · 4th DCA 2005

    This opinion cites § 63.032 6 times: (1), (15), (5), (9), and the section generally

    …construction, expressio unius est exclusio alterius, mention of one thing implies exclusion of another). An "adoption entity" is defined in section 63.032 as: [T]he department, an agency, a child-caring agency registered under s. 409.176, an intermediary, or a child-placing agency licensed in another state…

  9. J.S. v. S.A. 912 So. 2d 650 · 4D05-156-2 · 4th DCA 2005

    This opinion cites § 63.032 6 times: (1), (15), (5), (9), and the section generally

    · cited by 11 in all courts

    …construction, expressio unius est exclusio alterius, mention of one thing implies exclusion of another). An “adoption entity” is defined in section 63.032 as: [Tjhe department, an agency, a child-caring agency registered under s. 409.176, an intermediary, or a child-placing agency licensed in another state…

  10. W.T.J. v. E.W.R. 721 So. 2d 723 · SC92161 · Florida Supreme Court 1998

    This opinion cites § 63.032 5 times: (10), (14), and the section generally

    …issue on appeal as "whether the trial court erred in finding that appellant's conduct constituted abandonment of his minor child within the meaning of section 63.032, Florida Statutes (1995)." 702 So.2d at 1343 . After analyzing our decision in B.W., the court concluded that B.W. was indistinguishable from the…

  11. W.T.J. v. E.W.R. 721 So. 2d 723 · SC92161-2 · Florida Supreme Court 1998

    This opinion cites § 63.032 5 times: (10), (14), and the section generally

    · cited by 9 in all courts

    …issue on appeal as “whether the trial court erred in finding that appellant’s conduct constituted abandonment of his minor child within the meaning of section 63.032, Florida Statutes (1995).” 702 So.2d at 1343 . After analyzing our decision in B.W., the court concluded that B.W. was indistinguishable from the…

  12. V.R. v. Department of Children & Families 4D21-1550 · 4th DCA 2021

    Reversed & remanded This opinion cites § 63.032 3 times: (12), (3)

    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.

    …adoption entity, Denise E. Kistner of the Law Offices of Denise E. Kistner, P.A. See, e.g., In re S.N.W., 912 So. 2d 368, 370 (Fla. 2d DCA 2005). 2 Section 63.032(3) defines “adoption entity” as “the department, a child-caring agency registered under s. 409.176, an intermediary, a Florida child-placing agency licensed…

  13. Bergman v. In re: Adoption of Z.E.S., a Child 238 So. 3d 847 · 4D17-1730 · 4th DCA 2018

    This opinion cites § 63.032 3 times: (2)

    … and entitled to all the rights and privileges and subject to all the obligations of a child born to such adoptive parents in lawful wedlock. § 63.032(2), Fla. Stat. (2016) (emphasis added). An adoption proceeding begins with the filing of a petition, meaning “the filing of a verified, truthful application…

  14. S.M.K. v. S.L.E. 238 So. 3d 925 · 5D17-1751 · 5th DCA 2018

    This opinion cites § 63.032 3 times: (1)

    · cited by 1 in all courts

    …v. Heart of Adoptions, Inc. , 989 So.2d 32 , 35 (Fla. 2d DCA 2008) ("Abandonment waives the biological father's right to oppose adoption."). Section 63.032(1), Florida Statutes (2016), defines "abandoned" as follows: (1) "Abandoned" means a situation in which the parent or person having legal custody of a child,…

  15. S.M.K. v. S.L.E. 5D17-1751-2 · 5th DCA 2018

    This opinion cites § 63.032 3 times: (1)

    …J.C.J. v. Heart of Adoptions, Inc., 989 So. 2d 32, 35 (Fla. 2d DCA 2008) (“Abandonment waives the biological father’s right to oppose adoption.”). Section 63.032(1), Florida Statutes (2016), defines “abandoned” as follows: (1) “Abandoned” means a situation in which the parent or person having…

  16. J.C.J. v. Heart of Adoptions, Inc. 989 So. 2d 32 · 2D07-2679 · 2nd DCA 2008

    This opinion cites § 63.032 3 times: (1)

    · cited by 4 in all courts

    …as to J.C.J. was whether his parental rights should be terminated because of his abandonment of the child. See Id. at 202 (citing §§ 63.089, 63.064(1), 63.032(1), Fla. Stat. (2005)). [1] Our review of the record reflects that J.C.J. had ample opportunity to challenge the termination of his rights. As explained in …

  17. Heart of Adoptions, Inc. v. J.A. 963 So. 2d 189 · SC07-738 · Florida Supreme Court 2007

    This opinion cites § 63.032 3 times: (1), (12)

    · cited by 114 in all courts

    …of the child. In addition, the petition alleged physical and financial abandonment of the birth mother and child pursuant to sections 63.089, 63.064(1) and 63.032(1), Florida Statutes (2005). The petition also alleged the following: that J.A.'s consent to the adoption was not required or should be considered waived; that…

  18. M.A.F. v. E.J.S. 917 So. 2d 236 · 5D04-4130 · 5th DCA 2005

    This opinion cites § 63.032 3 times: (1)

    · cited by 8 in all courts

    …upon clear and convincing evidence that a parent or person having legal custody has abandoned the child in accordance with the definition contained in s. 63.032(1). A finding of abandonment may be based upon emotional abuse or a refusal to provide reasonable financial support, when able, to a birth mother during her…

  19. G.T. v. Adoption of A.E.T. 725 So. 2d 404 · 4D98-2280 · 4th DCA 1999

    This opinion cites § 63.032 3 times: (14)

    · cited by 17 in all courts

    …excused or "waived" by the court pursuant to section 63.072(1) upon a determination that he or she abandoned the child. The term "abandoned" is defined in § 63.032(14): "Abandoned" means a situation in which the parent or legal custodian of a child, while being able, makes no provision for the child's support and makes no…

  20. K.M.G. v. Heart of Adoptions, Inc. 2D2023-2771 · 2nd DCA 2024

    Certiorari / writ granted This opinion cites § 63.032 2 times: (11), (14)

    Order transferring placement to an adoption entity quashed because the court took no evidence on the child's best interests as section 63.082 requires.

    …that a proposed change of placement to which the best interests factors apply refers only to a physical relocation of the child. But section 63.032(14) defines "placement" not as a physical entrustment, but as "the process of a parent or legal guardian surrendering a child for adoption and the prospective…

  21. Y.G. v. Department of Children & Families 246 So. 3d 509 · 1D18-0049 · 1st DCA 2018

    Reversed & remanded This opinion cites § 63.032 2 times: (10), (3)

    · cited by 1 in all courts

    Termination reversed because the court should have continued the trial for a best-interests hearing on the grandfather's intervention after the mother consented to his adopting.

    …parties appear to have proceeded on the basis that the grandfather, or his counsel, was an “adoption entity” for purposes of section 63.082(6)(b)-(d). See § 63.032(3), (10), & (18), Fla. Stat. (defining “adoption entity” to include “intermediary” and defining “intermediary” as “an attorney who is licensed or authorized…

  22. N.A.G. v. J.L.G. 2D16-1441 · 2nd DCA 2016

    This opinion cites § 63.032 2 times: (1)

    …efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. § 63.032(1); see also M.A.F. v. E.J.S., 917 So. 2d 236, 238 (Fla. 5th DCA 2005) (explaining that a finding of abandonment under chapter 63 "must be predicated…

  23. N.A.G. v. J.L.G. 198 So. 3d 1025 · 2D16-1441-2 · 2nd DCA 2016

    This opinion cites § 63.032 2 times: (1)

    · cited by 2 in all courts

    …the child are only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. § 63.032(1); see also M.A.F. v. E.J.S., 917 So.2d 236, 238 (Fla. 5th DCA 2005) (ex *1028 plaining that a finding of abandonment under chapter 63 “must be predicated…

  24. Home at Last Adoption Agency, Inc. v. V.M. 126 So. 3d 1236 · 5D12-3732 · 5th DCA 2013

    This opinion cites § 63.032 2 times: (1)

    · cited by 2 in all courts

    …the Father is under no legal obligation to provide support or visit the minor child. Therefore, the Father has not abandoned the child as defined in section 63.032(1), Florida Statutes, and the case is hereby dismissed. This court did not, as suggested by the trial court, hold that Appellee was “under no legal obligation…

  25. D.M.T. v. T.M.H. 129 So. 3d 320 · SC12-261 · Florida Supreme Court 2013

    This opinion cites § 63.032 2 times: (12)

    · cited by 37 in all courts

    …plus the assumption of parental responsibilities, as we have demonstrated applies in this case, or through application of another statute. See, e.g., § 63.032(12), Fla. Stat. (2008) (defining the term “parent” to mean “a woman who gives birth to a child or a man whose consent to the adoption of the child would be…

  26. In re Adoption of Baby A. 944 So. 2d 380 · 2D05-3614 · 2nd DCA 2006

    This opinion cites § 63.032 2 times: (1), (12)

    · cited by 6 in all courts

    … The legislature's intent is implemented in part by defining who is a "parent." Chapter 63 has no definition of "mother" or "father." Rather, section 63.032(12) states that the word "parent" as used in chapter 63 "has the same meaning ascribed in s. 39.01." Section 39.01(49), Florida Statutes (2004), defines parent as…

  27. In re S.N.W. 912 So. 2d 368 · 2D05-996 · 2nd DCA 2005

    Reversed & remanded This opinion cites § 63.032 2 times: (3), (7)

    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.

    …Miracles, LLC, a licensed child-placing agency pursuant to section 63.202, Florida Statutes (2004), and therefore an adoption entity pursuant to section 63.032(3), Florida Statutes (2004), seeks review of an order denying its motion to intervene in a dependency proceeding regarding the child, S.N.W. The order also set…

  28. Adoption Miracles, LLC v. S.C.W. 912 So. 2d 368 · 2D05-996-2 · 2nd DCA 2005

    Reversed & remanded This opinion cites § 63.032 2 times: (3), (7)

    · 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.

    …Miracles, LLC, a licensed child-placing agency pursuant to section 63.202, Florida Statutes (2004), and therefore an adoption entity pursuant to section 63.032(3), Florida Statutes (2004), seeks review of an order denying its motion to intervene in a dependency proceeding regarding the child, S.N.W. The order also set…

  29. Ashley Nicole Isabel Brito v. Jennifer Salas & Angel Giovanni Rivera v. Jennifer Salas SC2024-1184 · Florida Supreme Court 2025

    This opinion cites § 63.032 1 time: (2)

    …from how they were used at the relevant time. - 49 - relationship between parent and child where it did not exist.” § 63.032(2), Fla. Stat. (2025). Critically, an adoption does not just create new legal rights, it also relieves at least one birth parent of all parental rights and…

  30. D.C. v. In re the Matter of the adoption of N.L.W. 1D2023-1725 · 1st DCA 2024

    This opinion cites § 63.032 1 time, the section generally

    …817 (Fla. 1st DCA 2022))). A finding of abandonment requires clear and convincing evidence that the parent abandoned the child, as defined in section 63.032. § 63.089(3)(e), Fla. Stat. And section 63.089(4) identifies additional factors for the trial court to consider when making an abandonment determination.…

  31. Kaplan v. Department of Children & Families 4D2023-1394 · 4th DCA 2024

    Dismissed This opinion cites § 63.032 1 time, the section generally

    Adoption entity's appeal from denial of its motion to intervene in a termination case was dismissed as moot after the termination judgment was affirmed.

    …is given custody of a child for subsequent adoption in accordance with this chapter, the department may place the child with an agency as defined in s. 63.032, with a child-caring agency registered under s. 409.176, or in a family home for prospective subsequent adoption. The department may thereafter become a party…

  32. C.D.F. v. D.R. 2D21-0652 · 2nd DCA 2022

    Reversed & remanded This opinion cites § 63.032 1 time: (8)

    Dismissal of the permanent guardians' Chapter 63 termination petition was reversed because the dependency court's retained jurisdiction did not oust the domestic relations division.

    …of the court system and the assignment of judges to various divisions does not limit a particular judge's jurisdiction."); see also § 39.01(19), .013(2); § 63.032(8), .087(1). The domestic relations division correctly recognized that, generally, it had jurisdiction over chapter 63 TPR petitions. …

  33. Home At Last Agency, Inc. v. J.L.C.-W 98 So. 3d 699 · 5D12-265 · 5th DCA 2012

    This opinion cites § 63.032 1 time: (6)

    …fee; (2) $19,000 for the placemenVservice fee; and (3) $1,100 for an interstate placement fee (Appellees are residents of Connecticut). . Section 63.032(6), Florida Statutes (2011), defines "agency” as “any child-placing agency licensed by the department pursuant to section 63.202 to place minors for adoption.”

  34. T.M.H. v. D.M.T. 79 So. 3d 787 · 5D09-3559-2 · 5th DCA 2011

    This opinion cites § 63.032 1 time: (12)

    …expulsion or extraction of a product of human conception from its mother, irrespective of the duration of pregnancy....") (emphasis added); see also § 63.032(12), Fla. Stat. (2008) ("`[P]arent' means a woman who gives birth to a child or .... the adoptive mother ...."). Accordingly, under both common law and…

  35. T.M.H. v. D.M.T. 79 So. 3d 787 · 5D09-3559 · 5th DCA 2011

    This opinion cites § 63.032 1 time: (12)

    · cited by 4 in all courts

    …expulsion or extraction of a product of human conception from its mother, irrespective of the duration of pregnancy ....”) (emphasis added); see also § 63.032(12), Fla. Stat. (2008) (“ ‘[Pjarenfi means a woman who gives birth to a child or .... the adoptive mother....”). Accordingly, under both common law and…

  36. F.L.C. v. G.C. 24 So. 3d 669 · 5D08-4231 · 5th DCA 2009

    This opinion cites § 63.032 1 time: (1)

    · cited by 7 in all courts

    …of a parent to support and communicate with the child are "only marginal efforts that do not evince a settled purpose to assume all parental duties." § 63.032(1), Fla. Stat. (2008); see also M.A.F. v. E.J.S., 917 So.2d 236 (Fla. 5th DCA 2005). Here, the trial court's determination that the father had abandoned…

  37. D.S. v. J.L. 18 So. 3d 1103 · 1D09-1233 · 1st DCA 2009

    This opinion cites § 63.032 1 time: (19)

    …alleged that Appellant's consent to the adoption of his child was not required because he was an "unmarried biological father" within the meaning of section 63.032(19), Florida Statutes (2008), and he had not complied with the requirements of section 63.062(2). Section 63.062(2) provides as follows: In accordance with…

  38. D.S. v. J.L. 18 So. 3d 1103 · 1D09-1233-2 · 1st DCA 2009

    This opinion cites § 63.032 1 time: (19)

    · cited by 3 in all courts

    …alleged that Appellant’s consent to the adoption of his child was not required because he was an “unmarried biological father” within the meaning of section 63.032(19), Florida Statutes (2008), and he had not complied with the requirements of section 63.062(2). Section 63.062(2) provides as follows: In accordance with…

  39. R.H. v. Department of Children & Families 988 So. 2d 673 · 4D08-286 · 4th DCA 2008

    Affirmed This opinion cites § 63.032 1 time, the section generally

    · cited by 3 in all courts

    Approval of DCF's chosen adoptive home affirmed; court reviews only appropriateness of DCF's selection, not competing petitions; relatives' petition to be dismissed.

    …is given custody of a child for subsequent adoption in accordance with this chapter, the department may place the child with an agency as defined in s. 63.032, with a child-caring agency registered under s. 409.176, or in a family home for prospective subsequent adoption. The department may thereafter become a party…

  40. G.S. v. T.B. 969 So. 2d 1049 · 1D06-5264 · 1st DCA 2007

    This opinion cites § 63.032 1 time: (2)

    · cited by 3 in all courts

    …visitation, as natural parents have the right to do. Treating natural parents differently from adoptive parents is specifically rejected by section 63.032(2), Florida Statutes (2005) (defining adoption as “the act of creating the legal relationship between *1054 parent and child where it did not exist, thereby…

  41. S.D.T. v. Bundle of Hope Ministries, Inc. 949 So. 2d 1132 · 1D06-2137 · 1st DCA 2007

    This opinion cites § 63.032 1 time: (3)

    · cited by 1 in all courts

    …record. We affirm the trial court's order. On November 22, 2005, the appellee, Bundle of Hope Ministries, Inc., the "adoption entity" as defined in section 63.032(3), *1134 Florida Statutes (2005), filed its report with the trial court of its intended placement for adoption of the minor child, Infant Male T., who was…

  42. B.B. v. P.J.M. 933 So. 2d 57 · 1D05-0510 · 1st DCA 2006

    Reversed & remanded This opinion cites § 63.032 1 time: (19)

    · 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.

    …of law that B.B. is the child's father such that it can reasonably be said that the child was "established by court proceeding to be his child." See § 63.032(19), Fla. Stat. (2004) (defining the phrase "unmarried biological father" to mean a man who "has not been declared by a court of competent jurisdiction to be the…

  43. I.B. v. Department of Children & Families 876 So. 2d 581 · 5D03-2480 · 5th DCA 2004

    Reversed & remanded This opinion cites § 63.032 1 time, the section generally

    · 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.

    …is given custody of a child for subsequent adoption in accordance with this chapter, the department may place the child with an agency as defined in s. 63.032, with a child-caring agency registered under s. 409.176, or in a family home for prospective subsequent adoption. The department may thereafter become a party…

  44. Lofton v. Secretary of the Department of Children & Family Services 377 F.3d 1275 · CA11-01-16723 · 11th Cir. 2004

    Other This opinion cites § 63.032 1 time: (2)

    · cited by 8 in all courts

    Text is the panel opinion upholding Florida's gay adoption ban plus fragments of separate opinions on rehearing en banc; the rehearing disposition is not shown.

    …nor the societal, cultural, and legal significance as does adoptive parenthood, which is the legal equivalent of natural parenthood. Fla. Stat. § 63.032(2). Foster care and legal guardianship are designed to address a different situation than permanent adoption, and “the legislature must be allowed…

  45. Lofton v. Secretary of the Department of Children & Family Services 358 F.3d 804 · CA11-01-16723-2 · 11th Cir. 2004

    Affirmed This opinion cites § 63.032 1 time, the section generally

    · cited by 184 in all courts

    Eleventh Circuit upheld Florida's ban on adoption by practicing homosexuals against due process and equal protection challenges by foster and guardian caregivers.

    …permanence nor the societal, cultural, and legal significance as does adoptive parenthood, which is the legal equivalent of natural parenthood. Fla. Stat. § 63.032 (2). Foster care and legal guardianship are designed to address a different situation than permanent adoption, and “the legislature must be allowed leeway…

  46. Department of Children & Family Services v. B.Y. 863 So. 2d 418 · 4D03-715 · 4th DCA 2003

    Reversed & remanded This opinion cites § 63.032 1 time, the section generally

    · cited by 3 in all courts

    Adoption by the grandmother reversed because the trial court could not order DCF to consent or waive its final home study requirement.

    …is given custody of a child for subsequent adoption in accordance with this chapter, the department many place the child with an agency as defined in s. 63.032, with a child-caring agency registered under s. 409.176, or in a family home for prospective subsequent *421 adoption. The department may thereafter…

  47. M.M. v. Adoption of J.T.M. 821 So. 2d 1134 · 4D01-3447 · 4th DCA 2002

    This opinion cites § 63.032 1 time: (14)

    · cited by 2 in all courts

    …or who has abandoned a child; (2) A parent whose parental rights have been terminated by order of a court of competent jurisdiction.... Section 63.032(14), Florida Statutes (2000), defines abandonment as: A situation in which the parent or legal custodian of a child, while being able, makes no provision for…

  48. E.W.R. v. W.T.J. 702 So. 2d 1343 · 1D96-3038 · 1st DCA 1997

    This opinion cites § 63.032 1 time: (14)

    …day. The issue is whether the trial court erred in finding that appellant's conduct constituted abandonment of his minor child within the meaning of section 63.032(14), Florida Statutes (1995). We are unable to distinguish this case from the case of In Interest of B.W., 498 So.2d 946 (Fla.1986), which determined that…

  49. E.W.R. v. W.T.J. 702 So. 2d 1343 · 1D96-3038-2 · 1st DCA 1997

    This opinion cites § 63.032 1 time: (14)

    · cited by 3 in all courts

    …day. The issue is whether the trial court erred in finding that appellant’s conduct constituted abandonment of his minor child within the meaning of section 63.032(14), Florida Statutes (1995). We are unable to distinguish this case from the case of In Interest of B.W., 498 So.2d 946 (Fla.1986), which determined that…

  50. C.S. v. S.H. 671 So. 2d 260 · 4D95-4099 · 4th DCA 1996

    This opinion cites § 63.032 1 time, the section generally

    …is used to reference HRS and HRS is specifically referred to in that manner in section 63.062, the preceding section of the statute. See also §§ 63.032, 63.052(1), 63.082. A more reasonable and logical construction of subsection 63.072(4) in the context of the specific provision, the statute as a whole, and…

  51. C.S. v. S.H. 671 So. 2d 260 · DCA95-4099 · District Court of Appeal 1996

    This opinion cites § 63.032 1 time, the section generally

    · cited by 35 in all courts

    …is used to reference HRS and HRS is specifically referred to in that manner in section 63.062, the preceding section of the statute. See also §§ 63.032, 63.052(1), 63.082. A more reasonable and logical construction of subsection 63.072(4) in the context of the specific provision, the statute as a whole, and…

  52. Amendments to Florida Supreme Court Approved Family Law Forms-Stepparent Adoption Forms 832 So. 2d 684 · SC02-516-2 · Florida Supreme Court 2002

    Rule amendment This opinion cites § 63.032 1 time, the section generally

    … _ b. The person whose consent is required has executed an affidavit of nonpa-ternity. _ c. The birth parent abandoned the child(ren) as defined in s. 63.032. _ d. The parent has been declared incapacitated by a court order, and restora-' tion of capacity is medically improbable. A copy of the order has been…

  53. Amendments to Florida Supreme Court Approved Family Law Forms—Stepparent Adoption Forms 821 So. 2d 263 · SC02-516 · Florida Supreme Court 2002

    Rule amendment This opinion cites § 63.032 1 time, the section generally

    · cited by 1 in all courts

    … _b. The person whose consent is required has executed an affidavit of nonpaternity. _c. The birth parent abandoned the child(ren) as defined in s. 63.032. ___ d. The parent has been declared incapacitated by a court order, and restoration of capacity is medically improbable. A copy of the order has been filed…

1 admin code rule cite § 63.032

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.

  1. Rule 65C-15.010 Finances. (5)

0 CFOPs cite § 63.032

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No CFOP cites § 63.032.

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(1) “Abandoned” means a situation in which the parent or person having legal custody of a child, while being able, makes little or no provision for the child’s support or makes little or no effort to communicate with the child, which situation is sufficient to evince an intent to reject parental responsibilities. If, in the opinion of the court, the efforts of such parent or person having legal custody of the child to support and communicate with the child are only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. In making this decision, the court may consider the conduct of a father towards the child’s mother during her pregnancy.

(2) “Adoption” means the act of creating the legal relationship between parent and child where it did not exist, thereby declaring the child to be legally the child of the adoptive parents and their heir at law and entitled to all the rights and privileges and subject to all the obligations of a child born to such adoptive parents in lawful wedlock.

(3) “Adoption entity” means the department, a child-caring agency registered under s. 409.176, an intermediary, a Florida child-placing agency licensed under s. 63.202, or a child-placing agency licensed in another state which is licensed by the department to place children in the State of Florida.

(4) “Adoption plan” means an arrangement made by a birth parent or other individual having a legal right to custody of a minor, born or to be born, with an adoption entity in furtherance of placing the minor for adoption.

(5) “Adult” means a person who is not a minor.

(6) “Agency” means any child-placing agency licensed by the department pursuant to s. 63.202 to place minors for adoption.

(7) “Child” means any unmarried person under the age of 18 years who has not been emancipated by court order.

(8) “Court” means a circuit court of this state and, if the context requires, the court of any state that is empowered to grant petitions for adoption.

(9) “Department” means the Department of Children and Families.

(10) “Intermediary” means an attorney who is licensed or authorized to practice in this state and who is placing or intends to place a child for adoption, including placing children born in another state with citizens of this state or country or placing children born in this state with citizens of another state or country.

(11) “Legal custody” has the meaning ascribed in s. 39.01.

(12) “Parent” means a woman who gives birth to a child and who is not a gestational surrogate as defined in s. 742.13 or a man whose consent to the adoption of the child would be required under s. 63.062(1). If a child has been legally adopted, the term “parent” means the adoptive mother or father of the child. The term does not include an individual whose parental relationship to the child has been legally terminated or an alleged or prospective parent.

(13) “Person” includes a natural person, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, or association, and any other legal entity.

(14) “Placement” means the process of a parent or legal guardian surrendering a child for adoption and the prospective adoptive parents receiving and adopting the child and all actions by any adoption entity participating in placing the child.

(15) “Primarily lives and works outside Florida” means that a person lives and works outside this state at least 6 months and 1 day per year, is a member of the military who designates a state other than Florida as his or her place of residence in accordance with the Servicemembers Civil Relief Act, Pub. L. No. 108-189, or is a citizen of the United States living in a foreign country who designates a state other than Florida as his or her place of residence.

(16) “Relative” means a person related by blood to the person being adopted within the third degree of consanguinity.

(17) “Suitability of the intended placement” means the fitness of the intended placement, with primary consideration being given to the best interests of the child.

(18) “To place” means the process whereby a parent or legal guardian surrenders a child for adoption and the prospective adoptive parents receive and adopt the child, and includes all actions by any person or adoption entity participating in the process.

(19) “Unmarried biological father” means the child’s biological father who is not married to the child’s mother at the time of conception or on the date of the birth of the child and who, before the filing of a petition to terminate parental rights, has not been adjudicated by a court of competent jurisdiction to be the legal father of the child or has not filed an affidavit pursuant to s. 382.013(2)(c).

History. s. 3, ch. 73-159; s. 3, ch. 75-226; s. 14, ch. 77-147; s. 2, ch. 80-296; s. 2, ch. 82-166; s. 1, ch. 84-101; s. 3, ch. 87-397; s. 1, ch. 88-109; ss. 3, 25, ch. 92-96; s. 11, ch. 97-101; s. 7, ch. 2001-3; s. 2, ch. 2003-58; s. 6, ch. 2007-5; s. 3, ch. 2008-151; s. 3, ch. 2012-81; s. 26, ch. 2014-19.