Dependency Law Finder

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

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Hearings and records in adoption proceedings; confidential nature.§ 63.162

Chapter 63 · Adoption · 2026 Florida Statutes

23 opinions cite § 63.162

  1. A.D. v. M.D.M. 920 So. 2d 857 · 4D05-2935 · 4th DCA 2006

    This opinion cites § 63.162 10 times: (2), (4), and the section generally

    · cited by 2 in all courts

    …We reverse the court order giving M.D.M. copies or access to any other pleadings in the case, because such records are protected from disclosure by section 63.162(2), Florida Statutes. In his petition for writ of mandamus, M.D.M. claimed that he engaged in sexual intercourse with the mother, K.G., which resulted in the…

  2. D.M. v. Berkowitz 112 So. 3d 575 · 4D13-3 · 4th DCA 2013

    This opinion cites § 63.162 7 times: (2), (4), and the section generally

    …and records pertaining to a petition to terminate parental rights pending adoption are related to the subsequent adoption of the minor and are subject to s. 63.162. Section 63.162(2) provides that the records are confidential subject to release by order of the court: All papers and records pertaining to the adoption,…

  3. Department of Health & Rehabilitative Services v. M.G. 584 So. 2d 600 · 2D91-00349 · 2nd DCA 1991

    This opinion cites § 63.162 5 times: (1)(d), (1)(d)4.a., and the section generally

    · cited by 2 in all courts

    …requiring it to disclose the names of P.A.G.’s adoptive parents to the child’s natural mother, M.G. The order was entered on a petition pursuant to section 63.162, Florida Statutes (1989). Although the mother intends to use the names in a pending habeas corpus proceeding, we conclude that the section 63.162 petition is…

  4. Mayer v. State 523 So. 2d 1171 · 2D87-1155 · 2nd DCA 1988

    This opinion cites § 63.162 5 times: (1), and the section generally

    · cited by 5 in all courts

    …custody and permanent placement hearings for dependent children, is clearly indistinguishable in intent, scope and purpose from the provisions of section 63.162(1), Florida Statutes (1983), relating to confidentiality of adoption hearings. Section 63.162(1) provides that: All hearings held in proceedings under this…

  5. Guardian ad Litem Program v. Department of Children & Families 5D23-0279 · 5th DCA 2023

    Affirmed in part, reversed in part This opinion cites § 63.162 2 times, the section generally

    Certiorari granted in part: birth parents with a proper interest may see dependency records, but grandparents may not see records solely about the other child.

    …the court by persons deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162, a child and the parents of the child and their attorneys . . . shall always have the right to inspect and copy any…

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

    This opinion cites § 63.162 2 times: (2), and the section generally

    …the court’s decision on the basis of the language in section 39.0132(3) subjecting the right to access the records to “the provisions of section 63.162 . . . .” Section 63.162(2), Florida Statutes, states in pertinent part: In the case of an adoption not handled by the department or a child-placing…

  7. D.J. v. Department of Children & Families 890 So. 2d 370 · 4D04-4165 · 4th DCA 2004

    This opinion cites § 63.162 2 times: (2), and the section generally

    …as they seek to have the judge in the closed adoption case exercise jurisdiction over their request to inspect and copy records from the that case. See § 63.162(2), Fla. Stat. (2003). See also Dep’t. of Health, Office of Vital Statistics v. Adoption of Gilli, 746 So.2d 1172 (Fla. 5th DCA 1999); Dixon v. Melton, …

  8. Department of Children & Family Services v. Natural Parents of J.B. 736 So. 2d 111 · 4D98-2255 · 4th DCA 1999

    This opinion cites § 63.162 2 times, the section generally

    · cited by 6 in all courts

    …But the court also stated that: " While Florida, as a matter of public policy, has expressly made certain civil proceedings confidential (adoptions, § 63.162, Fla. Stat. (1987); paternity, § 742.031, Fla. Stat. (1987); juvenile proceedings, § 39.09 and 39.408, Fla. Stat. (1987)) and some states have enacted…

  9. C.E.B. v. Birken 566 So. 2d 907 · DCA90-0900 · District Court of Appeal 1990

    This opinion cites § 63.162 2 times, the section generally

    · cited by 1 in all courts

    …be inspected only upon order of the court by persons deemed by the court to have a proper interest therein, except that, subject to the provisions of section 63.162, a child and the parents or legal custodians of the child and their attorneys, law enforcement agencies, and the department and its designees shall always…

  10. Guardian ad Litem Program v. Alberto 3D22-0801 · 3rd DCA 2022

    Certiorari / writ granted This opinion cites § 63.162 1 time, the section generally

    Certiorari granted quashing orders compelling confidential Chapter 39 records for a rule 1.540 petition, because the court never inspected them in camera or found necessity.

    …only upon order of the court by persons deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162, a child and the parents of the child and their attorneys, the guardian ad litem, criminal conflict and civil regional counsels, law…

  11. In re Adoption of K.A.G. 152 So. 3d 1271 · 5D14-2751 · 5th DCA 2014

    This opinion cites § 63.162 1 time, the section generally

    · cited by 5 in all courts

    …court then excluded counsel for DCF and the guardian ad litem from the courtroom because adoption proceedings are closed to all but the parties. 3 See § 63.162, Fla. Stat. (2013). The trial court then heard testimony from Grandmother and Aunt. After the testimony was concluded, Grandmother’s counsel argued that…

  12. City of Plant City v. Department of Children & Family Services 101 So. 3d 407 · 2D11-4366 · 2nd DCA 2012

    Reversed & remanded This opinion cites § 63.162 1 time, the section generally

    · cited by 2 in all courts

    A city defending a wrongful-death suit showed a proper interest in inspecting the child's confidential dependency records; denial reversed, and the nonparty's appeal was proper.

    …inspected only upon order of the court by persons *409 deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162 [pertaining to adoption], a child and the parents of the child and their attorneys, guardian ad litem, law enforcement agencies, and the department and its…

  13. R.L.F. v. Department of Children & Families 63 So. 3d 902 · 5D11-444 · 5th DCA 2011

    Certiorari / writ denied This opinion cites § 63.162 1 time, the section generally

    · cited by 1 in all courts

    Stepfather's mandamus petition denied: party-status request was moot, and as a non-parent he had no clear legal right to confidential DCF records.

    …shall be inspected only upon order of the court by persons deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162, a child and the parents of the child and their attorneys, guardian ad litem, law enforcement agencies, and the department and its designees shall always have…

  14. Department of Children & Family Services v. I.B. 891 So. 2d 1168 · 1D04-0355 · 1st DCA 2005

    This opinion cites § 63.162 1 time, the section generally

    · cited by 10 in all courts

    …is available or readily obtainable. This information shall be kept on file by the department or agency for possible future use as provided in ss. 63.082 and 63.162 or as may be otherwise provided by law. (7) Whenever any child is placed by the department in a shelter home, foster home, or other residential placement,…

  15. Natural Parents of J.B. v. Department of Children & Family Services 780 So. 2d 6 · SC96171 · Florida Supreme Court 2001

    Other This opinion cites § 63.162 1 time, the section generally

    · cited by 8 in all courts

    Supreme Court answered certified question yes: the statute mandating closure of all termination hearings to the public is constitutional.

    … TPR proceedings are not the only proceedings the Florida Legislature has required by statute to be closed as a matter of public policy. Adoptions (section 63.162, Florida Statutes (1999)), actions establishing parental status in situations of gestational surrogacy (section 742.16, Florida Statutes (1999)), and hearings…

  16. Department of Health & Rehabilitative Services v. Cox 627 So. 2d 1210 · 2D93-01138 · 2nd DCA 1993

    Reversed & remanded This opinion cites § 63.162 1 time, the section generally

    · cited by 8 in all courts

    En banc, the Second District upholds the ban on adoption by homosexual persons against privacy, due process and equal protection challenges by HRS adoption applicants.

    …It does not require public disclosure of personal matters. Indeed, chapter 63 makes the files and the proceedings concerning adoptions confidential. § 63.162, Fla. Stat. (1991). This statute does not compel unwarranted inquiry concerning private matters. In fact, this statute does not mandate any specific inquiry…

  17. Investigation: Florida Statute 27.04 v. State 589 So. 2d 978 · 4D90-3071 · 4th DCA 1991

    This opinion cites § 63.162 1 time: (1)

    · cited by 4 in all courts

    …by the courts of this land. For example, in In re: Adoption of H.Y.T., 458 So.2d 1127 (Fla. 1984), the court upheld the constitutionality of section 63.162(1), Florida Statutes (1983), against a challenge by the press that the statute making adoption proceedings confidential did not outweigh the media's first…

  18. Florida Pub. Co. v. Brooke 576 So. 2d 842 · 1D90-3459 · 1st DCA 1991

    This opinion cites § 63.162 1 time, the section generally

    · cited by 10 in all courts

    …shall be inspected only upon order of the court by persons deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162, a child and the parents or legal custodians of the child and their attorneys, law enforcement agencies, and the department and its designees shall always…

  19. In re Amendments to Florida Rule of Judicial Administration 2.420 124 So. 3d 819 · SC11-2466 · Florida Supreme Court 2013

    Rule amendment This opinion cites § 63.162 2 times, the section generally

    · cited by 1 in all courts

    …termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. §§_39.0132(3), 39.0132(4)(a), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. (iii) Social Security, bank account, charge, debit, and credit card numbers in court records. § 119.0714(1)©-(j), (2)(a)-(e), Fla. Stat. (Unless…

  20. In re Amendments to Florida Rule of Judicial Administration 2.420 31 So. 3d 756 · SC07-2050 · Florida Supreme Court 2010

    Rule amendment This opinion cites § 63.162 2 times, the section generally

    · cited by 8 in all courts

    …matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. § 39.0132(3), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. (iii) Social Security, bank account, charge, debit, and credit card numbers in court records. § 119.0714(l)(i)-(j), (2)(a)-(e), Fla. Stat.…

  21. In re Amendments to Florida Rule of Judicial Administration 2.420 156 So. 3d 499 · SC14-2434 · Florida Supreme Court 2015

    Rule amendment This opinion cites § 63.162 1 time, the section generally

    …guardians ad litem, child abuse, neglect, and abandonment. §§ 39.0132(3), 39.0132(4)(a), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. (iii) Social Security, bank account, charge, debit, and credit card numbers. § 119.0714(1)(i)–(j), (2)(a)–(e), Fla.…

  22. In re Amendments to Florida Rule of Judicial Administration 2.420 68 So. 3d 228 · SC10-2242 · Florida Supreme Court 2011

    Rule amendment This opinion cites § 63.162 1 time, the section generally

    · cited by 5 in all courts

    …and abandonment. § 39.0132(3), Fla. Stat. (If the document is filed within a Chapter 39 case, this form is not required.) _ Adoption records. § 63.162, Fla. Stat. (If the document is filed within a Chapter 63 adoption case, this form is not required.) _ Social Security, bank account, charge, debit,…

  23. 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 § 63.162 1 time, the section generally

    · 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 of Fla. Pursuant to…

2 admin code rules cite § 63.162

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

  1. Rule 65C-16.014 Post Adoption Services. (1)
  2. Rule 65C-16.016 Access to Closed Adoption Records. Implements(1)(b)1.

2 CFOPs cite § 63.162

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. 149p. 153
  2. CFOP 175-67 Finalized Adoption Cases and Automated System Client Identifiers p. 1

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

(1) All hearings held in proceedings under this act shall be held in closed court without admittance of any person other than essential officers of the court, the parties, witnesses, counsel, persons who have not consented to the adoption and are required to consent, and representatives of the agencies who are present to perform their official duties.

(2) All papers and records pertaining to the adoption, including the original birth certificate, whether part of the permanent record of the court or a file in the office of an adoption entity are confidential and subject to inspection only upon order of the court; however, the petitioner in any proceeding for adoption under this chapter may, at the option of the petitioner, make public the reasons for a denial of the petition for adoption. The order must specify which portion of the records are subject to inspection, and it may exclude the name and identifying information concerning the parent or adoptee. Papers and records of the department, a court, or any other governmental agency, which papers and records relate to adoptions, are exempt from s. 119.07(1). In the case of an adoption not handled by the department or a child-placing agency licensed by the department, the department must be given notice of hearing and be permitted to present to the court a report on the advisability of disclosing or not disclosing information pertaining to the adoption. In the case of an agency adoption, the licensed child-placing agency must be given notice of hearing and be permitted to present to the court a report on the advisability of disclosing or not disclosing information pertaining to the adoption. This subsection does not prohibit the department from inspecting and copying any official record pertaining to the adoption that is maintained by the department or from inspecting and copying any of the official records maintained by an agency licensed by the department and does not prohibit an agency from inspecting and copying any official record pertaining to the adoption that is maintained by that agency.

(3) The court files, records, and papers in the adoption of a minor shall be indexed only in the name of the petitioner, and the name of the minor shall not be noted on any docket, index, or other record outside the court file, except that closed agency files may be cross-referenced in the original and adoptive names of the minor.

(4) (4)

(4)(a) A person may disclose the following from the records without a court order:

1. The name and identity of the birth parent, if the birth parent authorizes in writing the release of his or her name and the adoptee is 18 years of age or older. If the adoptee is younger than 18 years of age, the adoptive parent must also provide written consent to disclose the birth parent’s name;

2. The name and identity of the adoptee, if the adoptee is 18 years of age or older and authorizes in writing the release of his or her name; or, if the adoptee is younger than 18 years of age, written consent to disclose the adoptee’s name is obtained from an adoptive parent; or

3. The name and identity of the adoptive parent, if the adoptive parent authorizes in writing the release of his or her name.

(b) A person may disclose from the records the name and identity of a birth parent, an adoptive parent, or an adoptee upon order of the court for good cause shown. In determining whether good cause exists, the court shall give primary consideration to the best interests of the adoptee, but must also give due consideration to the interests of the adoptive and birth parents. Factors to be considered in determining whether good cause exists include, but are not limited to:

1. The reason the information is sought;

2. The existence of means available to obtain the desired information without disclosing the identity of the birth parents, such as by having the court, a person appointed by the court, the department, or the licensed child-placing agency contact the birth parents and request specific information;

3. The desires, to the extent known, of the adoptee, the adoptive parents, and the birth parents;

4. The age, maturity, judgment, and expressed needs of the adoptee; and

5. The recommendation of the department, licensed child-placing agency, or professional that prepared the preliminary study and home investigation, or the department if no such study was prepared, concerning the advisability of disclosure.

(5) The adoptee or other person seeking information under this subsection shall pay the department or agency making reports or recommendations as required hereunder a reasonable fee for its services and expenses.

(6) Subject to the provisions of subsection (4), identifying information regarding the birth parents, adoptive parents, and adoptee may not be disclosed unless a birth parent, adoptive parent, or adoptee has authorized in writing the release of such information concerning himself or herself. Specific names or identifying information must not be given in a family medical history. All nonidentifying information, including the family medical history and social history of the adoptee and the birth parents, when available, must be furnished to the adoptive parents before the adoption becomes final and to the adoptee, upon the adoptee’s request, after he or she reaches majority. Upon the request of the adoptive parents, all nonidentifying information obtained before or after the adoption has become final must be furnished to the adoptive parents.

(7) The court may, upon petition of an adult adoptee or birth parent, for good cause shown, appoint an intermediary or a licensed child-placing agency to contact a birth parent or adult adoptee, as applicable, who has not registered with the adoption registry pursuant to s. 63.165 and advise both of the availability of the intermediary or agency and that the birth parent or adult adoptee, as applicable, wishes to establish contact.

History. s. 16, ch. 73-159; s. 10, ch. 75-226; s. 2, ch. 77-140; s. 22, ch. 77-147; s. 2, ch. 77-446; s. 3, ch. 78-190; s. 5, ch. 80-296; s. 4, ch. 82-166; s. 3, ch. 84-101; s. 2, ch. 85-189; s. 2, ch. 87-16; s. 19, ch. 90-360; s. 16, ch. 92-96; s. 341, ch. 95-147; s. 23, ch. 96-406; s. 25, ch. 99-2; s. 27, ch. 2001-3; s. 30, ch. 2003-58; s. 20, ch. 2012-81; s. 1, ch. 2020-42.