Florida Statute 63.092 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.092

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.

F.S. 63.092 on Google Scholar

F.S. 63.092 on Casetext

Amendments to 63.092

Arrestable Offenses / Crimes under Fla. Stat. 63.092

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.092.

Annotations, Discussions, Cases:

Cases Citing Statute 63.092

Total Results: 20

Department of Children & Families v. Statewide Guardian Ad Litem Program

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-29T00:00:00-08:00

Citation: 186 So. 3d 1084

Snippet: preliminary adoptive home study as required under s. 63.092.” Id. Chapter 39, Florida Statutes, governs “Proceedings

O'Berry v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-14T00:00:00-07:00

Citation: 114 So. 3d 1110

Snippet: entitled to relief. See Santobello, 404 U.S. at 262-63, 92 S.Ct. 495: We need not reach the question whether

McCullough v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-02-29T00:00:00-08:00

Citation: 974 So. 2d 1214

Snippet: withdraw his plea. Santobello, 404 U.S. at 262-63, 92 S.Ct. 495. In his concurring opinion, Justice Douglas

Mehl v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-09T00:53:00-07:00

Citation: 958 So. 2d 465

Snippet: plea of guilty." [e.s., f.o.] 404 U.S. at 262-63, 92 S.Ct. 495. The Court also took pains to show that

MacK v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-03-26T00:53:00-07:00

Citation: 955 So. 2d 51

Snippet: quot;[3]Id. See also Santobello, 404 U.S. at 262-63, 92 S.Ct. 495 (leaving to state courts whether, when

In Re SNW

Court: Fla. Dist. Ct. App. | Date Filed: 2005-10-07T00:53:00-07:00

Citation: 912 So. 2d 368

Snippet: study of the prospective adoptive parents. See § 63.092(3), Fla. Stat. (2004). On January 10, 2005, the

Adoption Miracles, LLC v. S.C.W.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-10-07T00:00:00-07:00

Citation: 912 So. 2d 368

Snippet: study of the prospective adoptive parents. See § 63.092(3), Fla. Stat. (2004). On January 10, 2005, the

Dept. of Children and Family Services v. By

Court: Fla. Dist. Ct. App. | Date Filed: 2003-12-30T23:53:00-08:00

Citation: 863 So. 2d 418

Snippet: professional in the same manner as provided in s. 63.092 to ascertain whether the adoptive home is a suitable

Ago

Court: Fla. Att'y Gen. | Date Filed: 1998-11-12T23:53:00-08:00

Snippet: favorable preliminary home study under section 63.092(2), Florida Statutes (1998 Supplement), pending

Zile v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-05-20T00:53:00-07:00

Citation: 710 So. 2d 729

Snippet: from legitimate independent sources. Id. at 460-63, 92 S.Ct. at 1665. Transactional immunity is a creature

Rushing v. Bosse

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

Citation: 652 So. 2d 869

Snippet: , 63.022(2)(l), 63.032(11), 63.062(1)(c), 63.092(1), 63.092(3)(a)4., 63.142(4), 63.162(1)(d)4, Fla. Stat

Cardentey v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-08-10T00:00:00-07:00

Citation: 621 So. 2d 1093

Snippet: 567 So.2d 62 (Fla. 3d DCA 1990). Nos. 93-63, 92-2730 District Court of Appeal of Florida fladistctapp

Department of Health & Rehabilitative Services v. Benson

Court: Fla. Dist. Ct. App. | Date Filed: 1992-10-30T00:00:00-08:00

Citation: 606 So. 2d 1272

Snippet: Chapter 92-96, § 9, Laws of Florida, amending section 63.092(2) of the Florida Statutes (1991), required HRS…Seminole County to prepare the home study. Section 63.092(2), as amended, requires HRS to perform the preliminary…agencies or professionals in Seminole County, section 63.092(2) does not apply. Therefore, the trial court departed

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: performed by a licensed professional or agency. See § 63.092(2), Fla. Stat. After the court has entered an order…1265 to judgment on the adoption petitions. See §§ 63.092(2), 63.125(1), 63.022(2)(c), Fla. Stat. Again,

In Re Adoption of a Minor Child

Court: Fla. Dist. Ct. App. | Date Filed: 1990-12-11T23:53:00-08:00

Citation: 570 So. 2d 340

Snippet: contrary to legislative intent. For instance, section 63.092(1), Florida Statutes (1987), provides that intermediaries

Hindman v. Bischoff

Court: Fla. Dist. Ct. App. | Date Filed: 1988-11-02T00:00:00-08:00

Citation: 534 So. 2d 743

Snippet: comply with sections 63.022(k), 63.082(5), and 63.092(1) and (3)(c), Florida Statutes (1985). We affirm…with Hindman for the interview required by section 63.092(3)(a)(1), Florida Statutes (1985). That interview

National Adoption Counseling Service, Inc. v. State, Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1985-12-31T00:00:00-08:00

Citation: 480 So. 2d 250

Snippet: enforce the provisions thereof except in section 63.092(9), having to do with intermediaries. That section

Ago

Court: Fla. Att'y Gen. | Date Filed: 1984-07-31T00:53:00-07:00

Snippet: placement with the department as required by s 63.092, F.S., but the child being placed will not be born…date of Ch. 84-101. Further, the provisions of s 63.092 relating to the report of intended placement by…adoption process or procedure provided for in s 63.092 or to be granted a judgment of adoption by the … by s 63.142, F.S. The procedures provided in s 63.092, F.S., appear to constitute inchoate procedural…defined by s 63.032(9), F.S., and regulated by s 63.092, F.S., prior to the effective date of Ch. 84-101

In Re Adoption of MAH

Court: Fla. Dist. Ct. App. | Date Filed: 1982-04-06T23:53:00-08:00

Citation: 411 So. 2d 1380

Snippet: suitability of the intended adoptive home" Section 63.092(2) is concerned. This opinion addresses itself

Jackson Vitrified v. People's Am.

Court: Fla. Dist. Ct. App. | Date Filed: 1980-09-16T00:53:00-07:00

Citation: 388 So. 2d 1059

Snippet: 1977); Murray, Commercial Law, 30 U.Miami L.Rev. 63, 92-93 (1975). Courts of other jurisdictions have,