Guardians designated; proof of commitment.§ 63.052
6 opinions cite § 63.052
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C.S. v. S.H. 671 So. 2d 260 · 4D95-4099 · 4th DCA 1996
…by the trial court and obviously *269 HRS is not an individual. Also, although HRS is technically the legal guardian of the child, see §§ 39.47(3), 63.052, Fla.Stat., throughout Chapter 63 the term "department" is used to reference HRS and HRS is specifically referred to in that manner in section 63.062, the…
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C.S. v. S.H. 671 So. 2d 260 · DCA95-4099 · District Court of Appeal 1996
· cited by 35 in all courts
…excused by the trial court and obvi *269 ously HRS is not an individual. Also, although HRS is technically the legal guardian of the child, see §§ 39.47(3), 63.052, Fla.Stat., throughout Chapter 63 the term “department” is used to reference HRS and HRS is specifically referred to in that manner in section 63.062, the…
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Department of Children & Families v. Adoption of B.G.J. 819 So. 2d 984 · 4D01-5075 · 4th DCA 2002
· cited by 6 in all courts
Order letting the foster parents adopt reversed because the court cannot override DCF's appropriate adoptive selection and DCF's consent must be in writing.
…an oral affirmation of DCF’s consent that J.M. and G.M. would be the adoptive parents, and in any event, DCF’s consent must be in writing. See §§ 39.812(5), 63.052(5), 63.082(3)(b), Fla. Stat. (2001). Accordingly, we reverse the final order allowing J.M. and G.M. to adopt B.G.J. and remand for further proceedings…
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Baby E.A.W. v. J.S.W. 647 So. 2d 918 · 4D93-3040 · 4th DCA 1994
…keep client informed about status of matter). [8a] We can find no basis in this case for the appointment of an attorney ad litem for E.A.W. Under section 63.052(1), Florida Statutes (1993), upon the entry of the placement order petitioners became her legal guardians. Section 63.062(1)(c), Florida Statutes (1993),…
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G.W.B. v. J.S.W. 647 So. 2d 918 · DCA93-3040 · District Court of Appeal 1994
…keep client informed about status of matter). . We can find no basis in this case for the appointment of an attorney ad litem for E.A.W. Under section 63.052(1), Florida Statutes (1993), upon the entry of the placement order petitioners became her legal guardians. Section 63.062(l)(c), Florida Statutes (1993),…
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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 ch.2001-3, §§ 6-33, 37, Laws…
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(1) For minors who have been placed for adoption with an adoption entity, other than an intermediary, such adoption entity shall be the guardian of the person of the minor and has the responsibility and authority to provide for the needs and welfare of the minor.
(2) For minors who have been voluntarily surrendered to an intermediary through an execution of a consent to adoption, the intermediary shall be responsible for the minor until the time a court orders preliminary approval of placement of the minor in the prospective adoptive home, after which time the prospective adoptive parents shall become guardians pending finalization of adoption, subject to the intermediary’s right and responsibility to remove the child from the prospective adoptive home if the removal is deemed by the intermediary to be in the best interests of the child. The intermediary may not remove the child without a court order unless the child is in danger of imminent harm. The intermediary does not become responsible for the minor child’s medical bills that were incurred before taking physical custody of the child after the execution of adoption consents. Prior to the court’s entry of an order granting preliminary approval of the placement, the intermediary shall have the responsibility and authority to provide for the needs and welfare of the minor. A minor may not be placed in a prospective adoptive home until that home has received a favorable preliminary home study, as provided in s. 63.092, completed and approved within 1 year before such placement in the prospective home. The provisions of s. 627.6578 shall remain in effect notwithstanding the guardianship provisions in this section.
(3) If a minor is surrendered to an adoption entity for subsequent adoption and a suitable prospective adoptive home is not available pursuant to s. 63.092 at the time the minor is surrendered to the adoption entity, the minor must be placed in a licensed foster care home, with a person or family that has received a favorable preliminary home study pursuant to subsection (2), or with a relative until a suitable prospective adoptive home is available.
(4) If a minor is voluntarily surrendered to an adoption entity for subsequent adoption and the adoption does not become final within 180 days after termination of parental rights, the adoption entity must report to the court on the status of the minor and the court may at that time proceed under s. 39.701 or take action reasonably necessary to protect the best interest of the minor.
(5) The recital in a written consent, answer, or recommendation filed by an adoption entity that the minor has been permanently committed to the adoption entity or that the adoption entity is duly licensed shall be prima facie proof of such commitment. A consent for adoption signed by an adoption entity need not comply with s. 63.082.
(6) Unless otherwise authorized by law or ordered by the court, the department is not responsible for expenses incurred by other adoption entities participating in a placement of a minor.
(7) The court retains jurisdiction of a minor who has been placed for adoption until the adoption is final. After a minor is placed with an adoption entity or prospective adoptive parent, the court may review the status of the minor and the progress toward permanent adoptive placement.
History. s. 5, ch. 73-159; s. 15, ch. 77-147; s. 3, ch. 80-296; s. 5, ch. 92-96; s. 125, ch. 98-403; s. 12, ch. 2001-3; s. 9, ch. 2003-58; s. 8, ch. 2012-81.