Final home investigation.§ 63.125
4 opinions cite § 63.125
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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.
…"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." Id. § 63.125(1); Fla. Admin. Code R. 65C-16.001(7), (8). "The report of the investigation must contain an evaluation of the placement with a recommendation on the granting of…
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Department of Children & Family Services v. B.Y. 863 So. 2d 418 · 4D03-715 · 4th DCA 2003
· 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.
…consent to subsidies is firmly reposed in it by Chapter 39 and related administrative rules, and may not be upset by judicial intervention, even where section 63.125(1), Florida Statutes applies. B.Y. instead relies upon the judicial powers for the protection of children vested by Chapter 63 in asserting that the trial…
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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.
…process, had been damaged. In response, the attorney ad litem for the three children argued that a final home investigation was not required under section 63.125, Florida Statutes (1999), because B.Y. was within the third degree of consanguinity with two of the children. The trial court ruled that no home investigation…
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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.
…courts which ultimately approve adoptions, the discretionary authority to make a decision in the child’s best interests. See Fla. Stat. Ann. §§ 63.022(2), 63.125(1), 63.142(4). Florida law does not place any substantive limitations on the exercise of this discretion with respect to the placement of an unrelated child in…
No opinion cites this provision by number.
2 admin code rules cite § 63.125
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.
- Rule 65C-16.007 Abuse Hotline and Registry and Criminal Records Checks. Implements
- Rule 65C-16.010 Adoption Placement – Post-Placement Services. Implements(5)
No admin code rule cites this provision.
0 CFOPs cite § 63.125
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No CFOP cites § 63.125.
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(1) The final home investigation must be conducted before 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 directed by the court, an investigation and recommendation are not required if the petitioner is a stepparent or if the minor is related to one of the adoptive parents within the third degree of consanguinity. The department is required to perform the home investigation only if there is no licensed child-placing agency or professional pursuant to s. 63.092 in the county in which the prospective adoptive parent resides.
(2) The department, the licensed child-placing agency, or the professional that performs the investigation must file a written report of the investigation with the court and the petitioner within 90 days after placement.
(3) The report of the investigation must contain an evaluation of the placement with a recommendation on the granting of the petition for adoption and any other information the court requires regarding the petitioner or the minor.
(4) The department, the licensed child-placing agency, or the professional making the required investigation may request other state agencies or child-placing agencies within or outside this state to make investigations of designated parts of the inquiry and to make a written report to the department, the professional, or other person or agency.
(5) The final home investigation must include:
(a) The information from the preliminary home study.
(b) After the minor is placed in the intended adoptive home, two scheduled visits with the minor and the minor’s adoptive parent or parents, one of which visits must be in the home, to determine the suitability of the placement.
(c) The family social and medical history as provided in s. 63.082.
(d) Any other information relevant to the suitability of the intended adoptive home.
(e) Any other relevant information, as provided in rules that the department may adopt.
History. s. 14, ch. 92-96; s. 24, ch. 2001-3; s. 25, ch. 2003-58.