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DCFS Termination of Parental Rights Case with an Adoption Entity Intervening in Orlando, Florida

Did you know that Chapter 63 of Florida Statutes in a dependency case requires that the court permit intervention by an adoption entity if a parent executes a consent for adoption of a minor with an adoption entity? Florida Statute 63.082(6)(a) allows that. What does that mean? How does that affect a DCFS Termination of Parental Rights case? How can this lead to an adoption by someone the parent chooses instead of who DCFS chooses? After the intervention, what are the impediments to the adoption by who the person the parent chooses to adopt their child? 

How it Works

When there is a Termination of Parental Rights case in the Orlando, Florida area, a parent may sign a Surrender, Waiver of Notice and Consent for Adoption. If a parent does that, an adoption agency can intervene on behalf of the person who wants to adopt their child. That way the parent, not DCFS, chooses who should adopt their child. This allows parents, in matters relating to permanent placement options for children in the care of the department whose birth parents wish to participate in a private adoption plan with a qualified family, to do so.  

Further, if an adoption entity files a motion to intervene in the dependency case in accordance with Chapter 63, the dependency court shall promptly grant a hearing to determine whether the adoption entity has filed the required documents to be permitted to intervene and whether a change of placement of the child is in the best interest of the child. 

Potential Concerns

If a parent goes this route, they will be allowed a hearing to determine if the proper paperwork is filed to request that their child be placed with the relative or person that they choose to adopt their child, rather than someone DCFS chooses. What impediments does the parent through the adoption entity face in this process that could prevent their child from being placed with who they choose and adopted by them? They may face opposition from the other parent, who may not agree with their choice. That may cause issues. They may also face opposition from DCFS. Lastly, they may face opposition from the child’s Guardian Ad Litem, which is referred to as the GAL. 

These are all things to think about if your child, grandchild, relative’s child, or friend’s child is under DCFS custody, and the parents’ parental rights are being terminated by DCFS. This gives the parents and family another viable option. 

If you have more questions regarding an Adoption matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.