Florida Statute 63.052 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.052

63.052 Guardians designated; proof of commitment.—

(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.

F.S. 63.052 on Google Scholar

F.S. 63.052 on Casetext

Amendments to 63.052

Arrestable Offenses / Crimes under Fla. Stat. 63.052

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.052.

Annotations, Discussions, Cases:

Cases Citing Statute 63.052

Total Results: 11

Florida Department of Children & Families v. Adoption of B.G.J.

Court: Fla. Dist. Ct. App. | Date Filed: 2002-06-26T00:00:00-07:00

Citation: 819 So. 2d 984, 2002 Fla. App. LEXIS 8781, 2002 WL 1369999

Snippet: s consent must be in writing. See §§ 39.812(5), 63.052(5), 63.082(3)(b), Fla. Stat. (2001). Accordingly

Amendments to Florida Supreme Court Approved Family Law Forms—Stepparent Adoption Forms

Court: Fla. | Date Filed: 2002-03-28T00:00:00-08:00

Citation: 821 So. 2d 263, 27 Fla. L. Weekly Supp. 285, 2002 Fla. LEXIS 542, 2002 WL 464628

Snippet: adoption laws, sections 63.022-.039, 63.0425-.0427, 63.052-.132, 63.142, 63.162-.165, 63.202-.219, 63.2325

Cs v. Sh

Court: Fla. Dist. Ct. App. | Date Filed: 1996-04-10T00:53:00-07:00

Citation: 671 So. 2d 260

Snippet: the legal guardian of the child, see §§ 39.47(3), 63.052, Fla.Stat., throughout Chapter 63 the term "…preceding section of the statute. See also §§ 63.032, 63.052(1), 63.082. A more reasonable and logical construction

C.S. v. S.H.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-04-10T00:00:00-07:00

Citation: 671 So. 2d 260, 1996 Fla. App. LEXIS 3845

Snippet: the legal guardian of the child, see §§ 39.47(3), 63.052, Fla.Stat., throughout Chapter 63 the term “department…preceding section of the statute. See also §§ 63.032, 63.052(1), 63.082. A more reasonable and logical construction

Rushing v. Bosse

Court: Fla. Dist. Ct. App. | Date Filed: 1995-03-07T23:53:00-08:00

Citation: 652 So. 2d 869

Snippet: shall be responsible for the child... ." § 63.052, Fla. Stat. (1991). Upon entry of the preliminary…intermediary assumes a supervisory role. See §§ 63.122(1), 63.052(1), Fla. Stat. (1991). [2] The phrase "best

G.W.B. v. J.S.W.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-11-30T00:00:00-08:00

Citation: 647 So. 2d 918, 1994 Fla. App. LEXIS 11522

Snippet: of an attorney ad litem for E.A.W. Under section 63.052(1), Florida Statutes (1993), upon the entry of

Baby Eaw v. Jsw

Court: Fla. Dist. Ct. App. | Date Filed: 1994-11-29T23:53:00-08:00

Citation: 647 So. 2d 918

Snippet: of an attorney ad litem for E.A.W. Under section 63.052(1), Florida Statutes (1993), upon the entry of

Matter of Adoption of Kmc

Court: Fla. Dist. Ct. App. | Date Filed: 1992-10-27T23:53:00-08:00

Citation: 606 So. 2d 1262

Snippet: intermediary assumes a supervisory role. See §§ 63.122(1), 63.052(1), Fla. Stat. A final home investigation as detailed…' rights as the child's guardian. See § 63.052(1), Fla. Stat. Under the facts herein, once the

Motor Union (Aviation) Orion Insurance v. Levenson

Court: Fla. Dist. Ct. App. | Date Filed: 1963-06-04T00:53:00-07:00

Citation: 153 So. 2d 852

Snippet: Nos. 63-52 to 63-54 District Court of Appeal of Florida fladistctapp Fla. Dist. Ct. App

Motor Union (Aviation) Orion Insurance v. Levenson

Court: Fla. Dist. Ct. App. | Date Filed: 1963-06-04T00:00:00-07:00

Citation: 153 So. 2d 852

Snippet: orders appealed from in the above cases numbered 63-52, 63-53 and 63-54 are in part affirmed and in part…circuit court for further proceedings. Nos. 63-52 to 63-54 District Court of Appeal of Florida fladistctapp

State Board of Control v. Clutter Construction Corporation

Court: Fla. Dist. Ct. App. | Date Filed: 1962-03-21T23:53:00-08:00

Citation: 139 So. 2d 153

Snippet: Public Works and Contracts, 804, 805, §§ 62, 63; 52 A.L.R.2d 792-814. [3] Graham v. Clyde, (Fla. 1952