Bill Text: FL S0530 | 2010 | Regular Session | Comm Sub
Bill Title: Adoption [SPSC]
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2010-03-18 - Read 3rd time -SJ 00265; Substituted CS/HB 315 -SJ 00265; Laid on Table, companion bill(s) passed, see CS/HB 315 (Ch. 2010-6) -SJ 00265 [S0530 Detail]
Download: Florida-2010-S0530-Comm_Sub.html
Florida Senate - 2010 CS for SB 530 By the Committee on Children, Families, and Elder Affairs; and Senators Altman, Peaden, Negron, Dockery, and Thrasher 586-02490-10 2010530c1 1 A bill to be entitled 2 An act relating to adoption; creating s. 63.0422, 3 F.S.; prohibiting an adoption agency or entity from 4 making suitability determinations based on, requiring 5 disclosure relating to, or restricting the lawful 6 possession, storage, or use of a firearm or 7 ammunition; amending s. 409.175, F.S.; providing 8 additional requirements for child-placing agencies; 9 providing additional rulemaking requirements for the 10 Department of Children and Family Services; creating 11 additional grounds for denial, suspension, or 12 revocation of a license; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 63.0422, Florida Statutes, is created to 17 read: 18 63.0422 Prohibited conditions on adoptions; firearms and 19 ammunition.—An adoption agency or entity, whether public or 20 private, may not: 21 (1) Make a determination that a person is unsuitable to 22 adopt based on the lawful possession, storage, or use of a 23 firearm or ammunition by any member of the adoptive home. 24 (2) Require an adoptive parent or prospective adoptive 25 parent to disclose information relating to a person’s lawful 26 possession, storage, or use of a firearm or ammunition as a 27 condition to adopt. 28 (3) Restrict the lawful possession, storage, or use of a 29 firearm or ammunition as a condition for a person to adopt. 30 Section 2. Subsections (5) and (9) of section 409.175, 31 Florida Statutes, are amended to read: 32 409.175 Licensure of family foster homes, residential 33 child-caring agencies, and child-placing agencies; public 34 records exemption.— 35 (5)(a) The department shall adopt and amend licensing rules 36 for family foster homes, residential child-caring agencies, and 37 child-placing agencies. The department may also adopt rules 38 relating to the screening requirements for summer day camps and 39 summer 24-hour camps. The requirements for licensure and 40 operation of family foster homes, residential child-caring 41 agencies, and child-placing agencies shall include: 42 1. The operation, conduct, and maintenance of these homes 43 and agencies and the responsibility which they assume for 44 children served and the evidence of need for that service. 45 2. The provision of food, clothing, educational 46 opportunities, services, equipment, and individual supplies to 47 assure the healthy physical, emotional, and mental development 48 of the children served. 49 3. The appropriateness, safety, cleanliness, and general 50 adequacy of the premises, including fire prevention and health 51 standards, to provide for the physical comfort, care, and well 52 being of the children served. 53 4. The ratio of staff to children required to provide 54 adequate care and supervision of the children served and, in the 55 case of foster homes, the maximum number of children in the 56 home. 57 5. The good moral character based upon screening, 58 education, training, and experience requirements for personnel. 59 6. The department may grant exemptions from 60 disqualification from working with children or the 61 developmentally disabled as provided in s. 435.07. 62 7. The provision of preservice and inservice training for 63 all foster parents and agency staff. 64 8. Satisfactory evidence of financial ability to provide 65 care for the children in compliance with licensing requirements. 66 9. The maintenance by the agency of records pertaining to 67 admission, progress, health, and discharge of children served, 68 including written case plans and reports to the department. 69 10. The provision for parental involvement to encourage 70 preservation and strengthening of a child’s relationship with 71 the family. 72 11. The transportation safety of children served. 73 12. The provisions for safeguarding the cultural, 74 religious, and ethnic values of a child. 75 13. Provisions to safeguard the legal rights of children 76 served. 77 (b) The requirements for the licensure and operation of a 78 child-placing agency shall also include compliance with the 79 requirements of ss. 63.0422 and 790.335. 80 (c)(b)In promulgating licensing rules pursuant to this 81 section, the department may make distinctions among types of 82 care; numbers of children served; and the physical, mental, 83 emotional, and educational needs of the children to be served by 84 a home or agency. 85 (d)(c)The department shall not adopt rules which interfere 86 with the free exercise of religion or which regulate religious 87 instruction or teachings in any child-caring or child-placing 88 home or agency; however, nothing herein shall be construed to 89 allow religious instruction or teachings that are inconsistent 90 with the health, safety, or well-being of any child; with public 91 morality; or with the religious freedom of children, parents, or 92 legal guardians who place their children in such homes or 93 agencies. 94 (e) The department’s rules shall include adoption of a form 95 to be used by child-placing agencies during an adoption home 96 study which requires all prospective adoptive applicants to 97 acknowledge in writing the receipt of a document containing 98 solely and exclusively the language provided for in s. 790.174 99 verbatim. 100 (9)(a) The department may deny, suspend, or revoke a 101 license. 102 (b) Any of the following actions by a home or agency or its 103 personnel is a ground for denial, suspension, or revocation of a 104 license: 105 1. An intentional or negligent act materially affecting the 106 health or safety of children in the home or agency. 107 2. A violation of the provisions of this section or of 108 licensing rules promulgated pursuant to this section. 109 3. Noncompliance with the requirements for good moral 110 character as specified in paragraph (5)(a). 111 4. Failure to dismiss personnel found in noncompliance with 112 requirements for good moral character. 113 5. Failure to comply with the requirements of ss. 63.0422 114 and 790.335. 115 Section 3. This act shall take effect upon becoming a law.
