Effective date: 7/7/2016
(1) The effective date of the adoption placement is the date the child in placed in the physical custody of the adoptive parent or the date the Memorandum of Agreement, CF-FSP 5072, incorporated by reference in paragraph 65C-16.002(2)(c), F.A.C., is signed.
Terms Used In Florida Regulations 65C-16.009
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
(a) Selection of the family. The counselor will assess the abilities of the approved adoptive family to parent a specific child before considering presentation of the child’s information;
(b) Presentation of all family and medical information to the family regarding the child and to the child regarding the family;
(c) First supervised meeting shall occur with a family who has an approved home study, or with a family who is known to the child, is in the process of having a home study completed, and has cleared all required background checks;
(d) Get acquainted period and pre-placement visits can vary depending on the age and child’s history;
(e) Identify and access needed services prior to the day of placement; and,
(f) Day of placement.
(3) The decision on final placement is based on the child’s readiness and the cues given by the child to the counselor that he or she is ready to move in with his or her new family.
(4) An out-of-state placement for the purpose of adoption shall have the prior authorization of the court and of the Interstate Compact on the Placement of Children (ICPC).
(5) The mechanics of final placement include:
(a) An assessment of the child and family’s adjustment during the transition activities, all needed services for the child and family have been identified and are active at the time of placement;
(b) The child’s case manager or adoption counselor will be present to facilitate the transition to the adoptive family at the time of placement; and,
(c) An opportunity for the child to say good-bye to significant adults and children as identified by the child.
(6) When it is necessary for the child to travel to the home of the adoptive parent for placement, the child shall be accompanied by the person with whom he or she has the most meaningful relationship. If this person is a member of the foster family, the community-based-care (CBC) agency will provide financial reimbursement for any costs incurred.
(7) At-Risk Placement.
(a) Occasionally it may be in the child’s best interest to be placed in a prospective adoptive applicant’s home prior to completion of legal termination of parental rights. Examples of situations where an at-risk placement may be appropriate include:
1. The child’s termination of parental rights is on appeal and all known relatives have been considered and have been found unavailable or not appropriate;
2. The child has been voluntarily surrendered and termination of parental rights by the court is anticipated;
3. A petition for termination of parental rights has been filed and it appears unlikely that the child can be returned to the biological parents; and,
4. The child must be moved from his or her current foster home placement, and the placement in a pre-adoptive home will result in one less move for the child.
(b) Pre-adoptive families entering into an at-risk placement must have an approved adoptive parent home study and understand that there is no guarantee that permanent commitment to the Department will occur. Families entering into an at-risk placement must indicate in writing that they understand and accept the risks involved.
Rulemaking Authority 39.0212, 63.233 FS. Implements Florida Statutes § 39.521, 63.092. History—New 4-28-92, Formerly 10M-8.0058, Amended 8-19-03, 11-30-08, 7-7-16.