Dependency Law Finder

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

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Report to the court of intended placement by an adoption entity; at-risk placement; preliminary study.§ 63.092

Chapter 63 · Adoption · 2026 Florida Statutes

DCF forms citing it: CF-FSP 5284 ICPC Private Adoption Entity Checklist - From Florida to other state

9 opinions cite § 63.092

  1. Behrens v. Regier 422 F.3d 1255 · CA11-04-14820 · 11th Cir. 2005

    Affirmed This opinion cites § 63.092 4 times: (3), (3)(b)

    · 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.

    … 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…

  2. Department of Children & Families v. J.H. 6D2025-0304-2 · 6th DCA 2025

    Reversed This opinion cites § 63.092 1 time: (3)

    Order letting denied applicants adopt reversed because the trial court exceeded its limited review of DCF's adoption decision and punished earlier DCF errors.

    … 21 Further, the trial court addressed only one deadline during this 180-day time frame: DCF’s obligation to complete and approve a home study. See § 63.092(3), Fla. Stat. (2023) (“If the identified prospective adoptive minor is in the custody of the department, a preliminary home study must be completed within 30…

  3. Department of Children & Families v. J.H. 6D2025-0304 · 6th DCA 2025

    Reversed This opinion cites § 63.092 1 time: (3)

    Order letting denied applicants adopt reversed because the trial court exceeded its limited review of DCF's adoption decision and punished earlier DCF errors.

    … Further, the trial court addressed only one deadline during this 180-day time frame: DCF’s obligation to complete and approve a home study. See § 63.092(3), Fla. Stat. (2023) (“If the identified prospective adoptive minor is in the custody of the department, a preliminary home study must be completed within 30…

  4. Department of Children & Families v. Guardian ad Litem Program 186 So. 3d 1084 · 1D15-5563 · 1st DCA 2016

    Certiorari / writ granted This opinion cites § 63.092 1 time, the section generally

    · 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.

    …such consent is being unreasonably withheld and if the petitioner has filed with the court a favorable preliminary adoptive home study as required under s. 63.092.” Id. Chapter 39, Florida Statutes, governs “Proceedings Relating to Children.” One of the purposes of that chapter is “[t]o ensure that permanent placement…

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

    Reversed & remanded This opinion cites § 63.092 1 time: (3)

    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.

    …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. Stat. (2004). On January 10, 2005, the judge assigned to East Division entered an order approving the placement of the child with the prospective…

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

    Reversed & remanded This opinion cites § 63.092 1 time: (3)

    · 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.

    …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. Stat. (2004). On January 10, 2005, the judge assigned to East Division entered an order approving the placement of the child with the prospective…

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

    Other This opinion cites § 63.092 1 time: (3)

    · 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.

    …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…

  8. 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 § 63.092 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.

    …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 Larue Smith and Daniel Skahen, an attorney and real estate broker residing together in Key West, became…

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

    Reversed & remanded This opinion cites § 63.092 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.

    …the adoption becomes final. The investigation may be conducted by a licensed child-placing agency or a professional in the same manner as provided in s. 63.092 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. Unless…

7 admin code rules cite § 63.092

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

  1. Rule 65C-15.028 Adoption Home Study. Implements
  2. Rule 65C-16.001 Definitions. Implements
  3. Rule 65C-16.004 Recruitment, Screening and Application Process/Adoptive Applicants. Implements(10)cites (3)
  4. Rule 65C-16.005 Evaluation of Applicants. Implements(7)(7)(c)cites (3)
  5. Rule 65C-16.007 Abuse Hotline and Registry and Criminal Records Checks. Implements
  6. Rule 65C-16.009 Adoption Placement. Implements
  7. Rule 65C-16.019 Intervention in Dependency Cases. Implements

1 CFOP cite § 63.092

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

  1. CFOP 170-1 Florida Child Welfare Practice Model p. 92

Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.

(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.