Dependency Law Finder

1. Department of Children & Family Services v. P.S. 932 So. 2d 1195 · 1D05-4421 · 1st DCA 2006

   Reversed & remanded This opinion cites § 63.112 5 times: (2), (2)(b)

   · 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.

   …favorable preliminary adoptive home study performed by an appropriate entity, simply because the petitioner is a relative. The trial court noted that section 63.112(2)(b), Florida Statutes (2005), states that the favorable preliminary home study must be filed with the clerk of the court when the petition for adoption is filed…

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

   This opinion cites § 63.112 3 times: (1)(i), and the section generally

   …meaning “the filing of a verified, truthful application for adoption.” Rodriguez v. Adoption of Rodriguez, 219 So. 3d 944, 946 (Fla. 3d DCA 2017). Section 63.112, Florida Statutes (2016), sets forth an explicit list of those items which must be included in the petition. Among the requirements, the petition “shall be…

3. Department of Children & Families v. Adoption of X.X.G. 45 So. 3d 79 · 3D08-3044 · 3rd DCA 2010

   Affirmed This opinion cites § 63.112 2 times: (2)(b)

   · 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.

   …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 home investigation "to ascertain whether the adoptive home is a suitable home for the minor and whether the proposed adoption…

4. Hausmann ex rel. Doe v. L.M. 806 So. 2d 511 · 4D01-1811 · 4th DCA 2001

   This opinion cites § 63.112 2 times, the section generally

   · cited by 8 in all courts

   …certain persons from adopting, but it does not disqualify relatives of the child, particularly grandparents. See § 63.042(3),(4), Fla. Stat. (1999). Section 63.112 sets forth the allegations a petition for adoption must contain, but nothing in that section precludes adoption by a grandparent. In this case, the…

5. Rodriguez v. In re: the Adoption of Mariana Andrea Rodriguez 219 So. 3d 944 · 3D16-2191 · 3rd DCA 2017

   This opinion cites § 63.112 1 time, the section generally

   · cited by 1 in all courts

   …allegation in the petition is false. Chapter 63, Florida Statutes (2016), provides the statutory scheme that governs adoptions. Sections 63.102 and 63.112 establish the required content of the petition. Section 63.042 establishes who may adopt and who may be adopted. None of the relevant provisions of chapter…

6. In re Baby R.P.S. 942 So. 2d 906 · 2D05-2582 · 2nd DCA 2006

   This opinion cites § 63.112 1 time, the section generally

   · cited by 1 in all courts

   …unmarried biological father could not protect his rights at this stage either because the termination of his rights would already be considered final. Section 63.112 states that a petition for adoption shall attach a certified copy of the judgment of termination of parental rights. If the erroneously entered judgment…

7. J.C.J. v. Heart of Adoptions, Inc. 942 So. 2d 906 · 2D05-2582-2 · 2nd DCA 2006

   This opinion cites § 63.112 1 time, the section generally

   · cited by 6 in all courts

   …unmarried biological father could not protect his rights at this stage either because the termination of his rights would already be considered final. Section 63.112 states that a petition for adoption shall attach a certified copy of the judgment of termination of parental rights. If the erroneously entered judgment…

8. B.Y. v. Department of Children & Families 887 So. 2d 1253 · SC04-258 · Florida Supreme Court 2004

   Reversed This opinion cites § 63.112 1 time: (2)(a)

   · 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.

   …it is required under section 63.062(7). The statute's other provision addressing the content of adoption petitions confirms such an interpretation. See § 63.112(2)(a), Fla. Stat. (2003) (explaining that an adoption petition must include "the required consent, unless such consent is excused by the court"). Even if these…

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

   Other This opinion cites § 63.112 1 time: (2)(b)

   · 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.

   …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 licensed DCF…

10. 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 § 63.112 1 time: (2)(b)

    · 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.

    …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 licensed DCF foster…

11. In the Interest of M.L. v. State 578 So. 2d 464 · DCA90-2566 · District Court of Appeal 1991

    This opinion cites § 63.112 1 time, the section generally

    …discharge from commitment status is affirmed. ZEHMER, J., and CAWTHON, Senior Judge, concur. . Appellant pled guilty to escape, a third degree felony, § 63.112, Fla.Stat. (1989), which carries a maximum penalty of imprisonment for five years. § 775.082(3)(d), Fla.Stat. (1989).

12. Amendments to Florida Supreme Court Approved FamiLy Law Forms—Stepparent Adoption Forms 870 So. 2d 791 · SC04-104 · Florida Supreme Court 2004

    Rule amendment This opinion cites § 63.112 1 time, the section generally

    · cited by 2 in all courts

    … 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 new laws related to adoption, including sections…

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