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Adoption in a Dependency Case in Orlando and Lake Mary, Florida Areas

What happens to the foster parents when an adoption agency intervenes on behalf of a parent whose parental rights are being terminated in a dependency case? This can occur because the parent may want the adoption agency to intervene on behalf of a particular individual in the dependency case, so that individual can adopt the child. What can foster parents do in this situation? Many times in this situation, the foster parents and the child may be very bonded. 

If the foster parents who have had the child for nine months prior to the parent filing for the adoption agency to intervene, they can intervene as a party in the case themselves to try to prevent the adoption entity from going through with the adoption. The adoption agency most likely will move to change placement of the child from the foster parents to the person that parent wants to adopt. The foster parents will intervene to fight this. 

The court will then analyze this issue under Florida Statute 63.082. 

Has the parent whose rights are being terminated filed a consent to have the particular individual adopt their child? If they have, the adoption entity may file a motion to intervene and change placement of child in the dependency case as party. The dependency hearing will then grant an evidentiary hearing. 

The court will examine if there has been a home study completed and that there is adequate information provided, the information required to make a best interests determination. The court must determine if the change of placement of the child is in the best interest of the child. Absent good cause or mutual agreement of the parties, the final hearing on the motion to intervene and change of placement of the child must be held within 30 days after filing of the motion, and a written order shall be filed within 15 days after the hearing. 

If the child has been in his or current placement for at least 9 months continuous months or 15 of the last 24 months immediately preceding the filing of the motion to intervene, and that placement is a prospective adoptive placement, there is a rebuttable presumption that the placement is stable and that it is in the child’s best interest to remain in the current stable placement. 

The court shall grant party status to the current caregiver who is adoptive placement for the limited purpose of filing motions and presenting evidence pursuant to this subsection. The limited party status expires upon issuance of a final order on the motion to intervene and change of placement of the child. To rebut the presumption established in this paragraph, the intervening party must prove by clear and convincing evidence that it is in the best interests of the child to disrupt the current stable prospective adoptive placement using the factor set forth in paragraph (f) and any other factors that the court deems relevant.  

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com