Florida Statutes

Fla. Stat. § 63.092 (2025)

Report to the court of intended placement by an adoption entity; at-risk placement; preliminary study.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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63.092 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.

(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.

Notes of Decisions

Cited in 17 cases (2 in the last 5 years), 1980–2025 · leading case: Lofton v. Sec'y of the Dep't of Child. & Fam. Servs., 358 F.3d 804 (11th Cir. 2004).

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Lofton v. Sec'y of the Dep't of Child. & Fam. Servs., 358 F.3d 804 (11th Cir. 2004). “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 parents after completing a requisite ten-week course in January of 2000.”

Jason K. Behrens v. Jerry Regier, 422 F.3d 1255 (11th Cir. 2005). “Furthermore, if the Behrenses did, in fact, receive an unfavorable home study, the complaint does not explain whether or not a court was petitioned to review the suitability of their home, as permitted under Florida law.”

Ramey v. Thomas, 382 So. 2d 78 (Fla. 5th DCA 1980). · cites it 2× “[5] § 63.092(2) Fla. Stat. (1979). [6] § 732.”

Adoption Hot Line, Inc. v. ST. ETC., 385 So. 2d 682 (Fla. 3d DCA 1980). · cites it 2× “[3] § 63.092, Fla. Stat. (1979), addresses the "suitability of the intended adoptive home" and the fact that a study and a report are required to be undertaken by the "department or any other qualified agency or person designated by the department.”

Adoption Miracles, LLC v. S.C.W., 912 So. 2d 368 (Fla. 2d DCA 2005). · cites it 2× “See § 63.092(3), Fla. Stat. (2004). On January 10, 2005, the judge assigned to East Division entered an order approving the placement of the child with the prospective adoptive parents and providing “they shall be named court-ordered temporary custodians of the minor pending…”

Hindman v. Bischoff, 534 So. 2d 743 (Fla. 2d DCA 1988). · cites it 2× “The record, however, leaves doubtless that Bischoff explained the available options and that a HRS caseworker met with Hindman for the interview required by section 63.092(3)(a)(1), Florida Statutes (1985).”

In Re Adoption of MAH, 411 So. 2d 1380 (Fla. 4th DCA 1982). “[7] It is we hope obvious that the legislature has not excluded the best interests of the child in so far as the required study of potential adopting parents to "inquire into the suitability of the intended adoptive home" Section 63.092(2) is concerned. This opinion addresses…”

In Re Adoption of a Minor Child, 570 So. 2d 340 (Fla. 4th DCA 1990). · cites it 2× “For instance, section 63.092(1), Florida Statutes (1987), provides that intermediaries are to report to the Department of Health and Rehabilitative Service any intended placements of minors for adoption with any person not a stepparent or not related within the third degree, if…”

Lofton v. Sec'y of the Dep't of Child. & Fam. Servs., 377 F.3d 1275 (11th Cir. 2004). “Fla. Stat. § 63.092 (3)(b) (2003). DCF administrative regulations and Florida's labor code (not the Florida adoption statute) bar those convicted of crimes against children and certain crimes of violence from adopting.”

In Re Jeramie N., 688 A.2d 825 (R.I. 1997). “, Fla. Stat. Ann. § 63.092 (West 1995); Iowa Code Ann.”

STATE OF FLA., DEPT. OF HRS v. Friends of Child., 653 F. Supp. 1221 (N.D. Fla. 1986). · cites it 3× “For example, the preliminary home studies are discussed at length in Section 63.092. That section makes it clear that the preliminary home study is to be completed before placement occurs: [I]n no event shall the child be placed in the prospective adoptive home prior to the…”

In Re Snw, 912 So. 2d 368 (Fla. 2d DCA 2005). · cites it 2× “See § 63.092(3), Fla. Stat. (2004). On January 10, 2005, the judge assigned to East Division entered an order approving the placement of the child with the prospective adoptive parents and providing "they shall be named court-ordered temporary custodians of the minor pending…”

Show all 17 citing cases →

— 63.092(1) — 1 case

In Re Adoption of a Minor Child, 570 So. 2d 340 (Fla. 4th DCA 1990). “For instance, section 63.092(1), Florida Statutes (1987), provides that intermediaries are to report to the Department of Health and Rehabilitative Service any intended placements of minors for adoption with any person not a stepparent or not related within the third degree, if…”

— 63.092(2) — 5 cases

Ramey v. Thomas, 382 So. 2d 78 (Fla. 5th DCA 1980). “[5] § 63.092(2) Fla. Stat. (1979). [6] § 732.”

STATE OF FLA., DEPT. OF HRS v. Friends of Child., 653 F. Supp. 1221 (N.D. Fla. 1986). “For example, the preliminary home studies are discussed at length in Section 63.092. That section makes it clear that the preliminary home study is to be completed before placement occurs: [I]n no event shall the child be placed in the prospective adoptive home prior to the…”

Dep't of Health & Rehabilitative Servs. v. Benson, 606 So. 2d 1272 (Fla. 5th DCA 1992).

Matter of Adoption of Kmc, 606 So. 2d 1262 (Fla. 4th DCA 1992).

— 63.092(3) — 4 cases

Adoption Miracles, LLC v. S.C.W., 912 So. 2d 368 (Fla. 2d DCA 2005). “See § 63.092(3), Fla. Stat. (2004). On January 10, 2005, the judge assigned to East Division entered an order approving the placement of the child with the prospective adoptive parents and providing “they shall be named court-ordered temporary custodians of the minor pending…”

In Re Snw, 912 So. 2d 368 (Fla. 2d DCA 2005). “See § 63.092(3), Fla. Stat. (2004). On January 10, 2005, the judge assigned to East Division entered an order approving the placement of the child with the prospective adoptive parents and providing "they shall be named court-ordered temporary custodians of the minor pending…”

Dep't of Child. & Families & Guardian Ad Litem v. J.H. & K.H. (Fla. 6th DCA 2025).

— 63.092(3)(a)(1) — 1 case

Hindman v. Bischoff, 534 So. 2d 743 (Fla. 2d DCA 1988). “The record, however, leaves doubtless that Bischoff explained the available options and that a HRS caseworker met with Hindman for the interview required by section 63.092(3)(a)(1), Florida Statutes (1985).”

— 63.092(9) — 1 case

Nat'l Adoption Counseling Serv., Inc. v. State, Dep't of Health & Rehabilitative Servs., 480 So. 2d 250 (Fla. 4th DCA 1985).

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