Title: Adoptions

Summary: Requiring that the court provide a petitioner with certain information related to postadoption services and informal change of custody; removing the requirement that a violation of the section must be willful and with criminal intent in order for such violation to result in criminal liability; requiring any adoption that conducts intercountry adoptions to meet certain requirements, etc.

Full Text:
An act relating to adoptions; amending s. 63.142, F.S.; requiring that the court provide a petitioner with certain information related to postadoption services and informal change of custody; amending s. 63.212, F.S.; removing the requirement that a violation of the section must be willful and with criminal intent in order for such violation to result in criminal liability; providing that a person other than an adoption entity who advertises or offers to the public that a child is available for adoption commits a felony of the third degree; amending s. 409.175, F.S.; defining the term  intercountry adoption ; requiring any adoption entity that conducts intercountry adoptions to meet certain requirements; requiring such entity to maintain certain records; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (4) of section 63.142, Florida Statutes, is amended to read: 63.142 Hearing; judgment of adoption.  (4) JUDGMENT. At the conclusion of the hearing:, (a)  After the court determines that the date for a parent to file an appeal of a valid judgment terminating that parent s parental rights has passed and,pursuant to the Florida Rules of Appellate Procedure, no appeal,pursuant to the Florida Rules of Appellate Procedure, is pending and that the adoption is in the best interest of the person to be adopted, a judgment of adoption shall be entered. A judgment terminating parental rights pending adoption is voidable and any later judgment of adoption of that minor is voidable if, upon a parent s motion for relief from judgment, the court finds that the adoption substantially fails to meet the requirements of this chapter. The motion must be filed within a reasonable time, but not later than year after the date the judgment terminating parental rights was entered. (b) The court shall inform the petitioner that: 1. Postadoption services are available if the petitioner experiences difficulty in caring for the child; and 2. Making an informal change of custody to a person other than a relative without appropriate court action may be a violation of s. 63.212 and constitute a criminal act. Section 2. Subsection (8) of section 63.212, Florida Statutes, is amended to read: 63.212 Prohibited acts; penalties for violation.  (8) Unless otherwise indicated, a person who willfully and with criminal intent violates any provision of this section,excluding paragraph (1)(g), commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition to the penalties specified in this section, A person who willfully and with criminal intent violates paragraph (1)(g) commits a misdemeanor of the second degree, punishable as provided in s. 775.083; and each day of continuing violation of paragraph (1)(g) is shall be considered a separate offense,punishable by a fine of up to $150 per day.In addition, any person who knowingly publishes or assists with the publication of any advertisement or other publication which violates the requirements of paragraph (1)(g) commits a misdemeanor of the second degree, punishable as provided in s. 775.083, and may be required to pay a fine of up to $150 per day for each day of continuing violation. Section 3. Present subsection (17) of section 409.175, Florida Statutes, is renumbered as subsection (18), and a new subsection (17) is added to that section, to read: 409.175 Licensure of family foster homes, residential child-caring agencies, and child-placing agencies; public records exemption.  (17)(a) As used in this subsection, the term  intercountry adoption  means the process by which a person: 1. Adopts a child from a country other than his or her own country through permanent legal means; and 2. Brings that child to his or her country of residence to live permanently. (b)   A nadoption entity as defined in s. 63.032 which conducts intercountry adoptions in this state must be accredited, approved, supervised or temporarily accredited by a United States Department of State designated accredit ing entity for intercountry adoption services. (c)   A nadoption entity as defined in s. 63.032 which provides adoption services in this state for intercountry adoption, in either incoming or outgoing cases, must comply with all federal statutes and regulations pertaining to intercountry adoptions. (d)   An adoption entity as defined in s. 63.032 in this state which provides intercountry adoption services for families residing in this state shall maintain a record that contains, at a minimum, the following: 1. All available family and medical history of the birth family; 2. All legal documents translated into English; 3. All documents required for the child to attain United States citizenship; and 4. All supervisory reports before and after the adoption. Section 4. This act shall take effect July 1, 2014.