|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 63.09263.092 Report to the court of intended placement by an adoption entity; at-risk placement; preliminary study.—(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.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 63.092
Total Results: 17
422 F.3d 1255, 2005 U.S. App. LEXIS 18807, 2005 WL 2085656
Court of Appeals for the Eleventh Circuit | Filed: Aug 31, 2005 | Docket: 207254
Cited 43 times | Published
home study must be performed.”
Id.
§ 63.092(3). In addition to considering several other factors
382 So. 2d 78
District Court of Appeal of Florida | Filed: Mar 12, 1980 | Docket: 1254943
Cited 14 times | Published
(1979).
[4] § 62.062(2)(a) Fla. Stat. (1979).
[5] § 63.092(2) Fla. Stat. (1979).
[6] § 732.103 Fla. Stat
912 So. 2d 368, 2005 WL 2467056
District Court of Appeal of Florida | Filed: Oct 7, 2005 | Docket: 1755613
Cited 9 times | Published
study of the prospective adoptive parents. See § 63.092(3), Fla. Stat. (2004). On January 10, 2005, the
377 F.3d 1275
Court of Appeals for the Eleventh Circuit | Filed: Jan 28, 2004 | Docket: 397885
Cited 7 times | Published
registry and statewide criminal records. Fla. Stat. § 63.092(3)(b) (2003). DCF administrative regulations and
411 So. 2d 1380
District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 1327553
Cited 5 times | Published
suitability of the intended adoptive home" Section 63.092(2) is concerned. This opinion addresses itself
534 So. 2d 743, 1988 WL 115954
District Court of Appeal of Florida | Filed: Nov 2, 1988 | Docket: 1295775
Cited 4 times | Published
with Hindman for the interview required by section 63.092(3)(a)(1), Florida Statutes (1985). That interview
385 So. 2d 682
District Court of Appeal of Florida | Filed: Jun 10, 1980 | Docket: 1337068
Cited 4 times | Published
the suit is pending. Fla.R.Civ.P. 1.610(c).
[3] § 63.092, Fla. Stat. (1979), addresses the "suitability
912 So. 2d 368, 2005 Fla. App. LEXIS 16035
District Court of Appeal of Florida | Filed: Oct 7, 2005 | Docket: 64840609
Cited 3 times | Published
study of the prospective adoptive parents. See § 63.092(3), Fla. Stat. (2004). On January 10, 2005, the
570 So. 2d 340, 1990 WL 149748
District Court of Appeal of Florida | Filed: Dec 12, 1990 | Docket: 1704157
Cited 2 times | Published
contrary to legislative intent. For instance, section 63.092(1), Florida Statutes (1987), provides that
653 F. Supp. 1221, 55 U.S.L.W. 2511, 1986 U.S. Dist. LEXIS 16013
District Court, N.D. Florida | Filed: Dec 24, 1986 | Docket: 2246431
Cited 1 times | Published
preliminary home studies are discussed at length in Section 63.092. That section makes it clear that the preliminary
District Court of Appeal of Florida | Filed: Aug 1, 2025 | Docket: 70676355
Published
obligation to complete and approve a home study. See § 63.092(3), Fla. Stat. (2023)
(“If the identified prospective
District Court of Appeal of Florida | Filed: Jun 30, 2025 | Docket: 70676355
Published
obligation to complete and approve a home study. See § 63.092(3), Fla. Stat. (2023)
(“If the identified prospective
377 F.3d 1275, 2004 WL 1627022
Court of Appeals for the Eleventh Circuit | Filed: Jul 21, 2004 | Docket: 239193
Published
children placed in adoptive homes. Florida Statute § 63.092(3) (2003) requires a preliminary and thorough
Florida Attorney General Reports | Filed: Nov 13, 1998 | Docket: 3256798
Published
of a favorable preliminary home study under section 63.092(2), Florida Statutes (1998 Supplement), pending
606 So. 2d 1272, 1992 Fla. App. LEXIS 11311, 1992 WL 312827
District Court of Appeal of Florida | Filed: Oct 30, 1992 | Docket: 64670932
Published
Chapter 92-96, § 9, Laws of Florida, amending section 63.092(2) of the Florida Statutes (1991), required
606 So. 2d 1262, 1992 Fla. App. LEXIS 11345, 1992 WL 317557
District Court of Appeal of Florida | Filed: Oct 28, 1992 | Docket: 1511412
Published
performed by a licensed professional or agency. See § 63.092(2), Fla. Stat.
After the court has entered an
480 So. 2d 250, 11 Fla. L. Weekly 94, 1985 Fla. App. LEXIS 6030
District Court of Appeal of Florida | Filed: Dec 31, 1985 | Docket: 64616275
Published
to enforce the provisions thereof except in section 63.092(9), having to do with intermediaries. That
