Florida Senate - 2021 SB 1814 By Senator Rodriguez 39-01921A-21 20211814__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to medical records of children 2 available for adoption; amending ss. 63.082, 63.085, 3 and 63.093, F.S.; requiring the Department of Children 4 and Families, adoption entities, and community-based 5 care lead agencies or their subcontracted agencies, 6 respectively, to provide certain written notification 7 to prospective adoptive parents regarding the medical 8 records of the child available for adoption; amending 9 s. 63.142, F.S.; requiring the Department of Health to 10 provide certain medical records to adopting parents 11 within a specified time after entry of a judgment of 12 adoption; prohibiting the department from disposing of 13 such records for a specified time; providing an 14 effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18

Section 1. Paragraph (

d) of subsection (6) of

section 19 63.082, Florida Statutes, is amended to read: 20 63.082 Execution of consent to adoption or affidavit of 21 nonpaternity; family social and medical history; revocation of 22 consent.— 23 (6) 24 (

d) If after consideration of all relevant factors, 25 including those set forth in paragraph (e), the court determines 26 that the prospective adoptive parents are properly qualified to 27 adopt the minor child and that the adoption is in the best 28 interests of the minor child, the court shall promptly order the 29

Florida Senate - 2021 SB 1814 39-01921A-21 20211814__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. transfer of custody of the minor child to the prospective 30 adoptive parents, under the supervision of the adoption entity. 31 The court may establish reasonable requirements for the transfer 32 of custody in the transfer order, including a reasonable period 33 of time to transition final custody to the prospective adoptive 34 parents. The adoption entity shall thereafter provide monthly 35 supervision reports to the department until finalization of the 36 adoption.

If the child has been determined to be dependent by 37 the court, the department shall provide the following written 38 information to the prospective adoptive parents at the time they 39 receive placement of the dependent child: 40 1. Information regarding approved parent training classes 41 available within the community. 42 2.

Information that upon adoption, a child’s immunization 43 records are removed from the Florida Shots database within the 44 Department of Health, and the necessity to retain the complete 45 set of the child’s medical records that are provided to the 46 prospective adoptive parents under s. 63.085(2)(a), as they may 47 be needed for school enrollment and future medical care. 48 49 The department shall file with the court an acknowledgment of 50 the parent’s receipt of the information required under this 51 paragraph regarding approved parent training classes available 52 within the community. 53

Section 2. Paragraph (

a) of subsection (2) of

section 54 63.085, Florida Statutes, is amended to read: 55 63.085 Disclosure by adoption entity.— 56

(2) DISCLOSURE TO ADOPTIVE PARENTS.— 57 (

a) At the time that an adoption entity is responsible for 58

Florida Senate - 2021 SB 1814 39-01921A-21 20211814__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. selecting prospective adoptive parents for a born or unborn 59 child whose parents are seeking to place the child for adoption 60 or whose rights were terminated under pursuant to

chapter 39, 61 the adoption entity must provide the prospective adoptive 62 parents with information concerning the background of the child 63 to the extent such information is disclosed to the adoption 64 entity by the parents, legal custodian, or the department. This 65 subsection applies only if the adoption entity identifies the 66 prospective adoptive parents and supervises the placement of the 67 child in the prospective adoptive parents’ home.

If any 68 information cannot be disclosed because the records custodian 69 failed or refused to produce the background information, the 70 adoption entity has a duty to provide the information if it 71 becomes available. An individual or entity contacted by an 72 adoption entity to obtain the background information must 73 release the requested information to the adoption entity without 74 the necessity of a subpoena or a court order. In all cases, the 75 prospective adoptive parents must receive all available 76 information by the date of the final hearing on the petition for 77 adoption.

The information to be disclosed includes: 78 1. A family social and medical history form completed 79 pursuant to s. 63.162(6). 80 2. The biological mother’s medical records documenting her 81 prenatal care and the birth and delivery of the child. 82 3. A complete set of the child’s medical records 83 documenting all medical treatment and care since the child’s 84 birth and before placement. The adoption entity must inform 85 prospective adoptive parents that upon adoption, a child’s 86 immunization records are removed from the Florida Shots database 87

Florida Senate - 2021 SB 1814 39-01921A-21 20211814__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. within the Department of Health, and the adoption entity must 88 provide written notification to the prospective adoptive parents 89 regarding the necessity to retain a complete set of the child’s 90 medical records as they may be needed for school enrollment and 91 future medical care. 92 4. All mental health, psychological, and psychiatric 93 records, reports, and evaluations concerning the child before 94 placement. 95 5.

The child’s educational records, including all records 96 concerning any special education needs of the child before 97 placement. 98 6. Records documenting all incidents that required the 99 department to provide services to the child, including all 100 orders of adjudication of dependency or termination of parental 101 rights issued pursuant to

chapter 39, any case plans drafted to 102 address the child’s needs, all protective services 103 investigations identifying the child as a victim, and all 104 guardian ad litem reports filed with the court concerning the 105 child. 106 7. Written information concerning the availability of 107 adoption subsidies for the child, if applicable. 108

Section 3. Subsection (6) is added to

section 63.093, 109 Florida Statutes, to read: 110 63.093 Adoption of children from the child welfare system.— 111

(6) If the community-based care lead agency or its 112 subcontracted agency approves the adoptive parent’s application 113 file, the community-based care lead agency or its subcontracted 114 agency, as applicable, must provide written notification to the 115 prospective adoptive parent that upon adoption, a child’s 116

Florida Senate - 2021 SB 1814 39-01921A-21 20211814__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. immunization records are removed from the Florida Shots database 117 within the Department of Health, and the necessity to retain a 118 complete set of the child’s medical records as they may be 119 needed for school enrollment and future medical care. 120 121 Notwithstanding subsections (1) and (2), this

section does not 122 apply to a child adopted through the process provided in s. 123 63.082(6). 124

Section 4. Subsection (4) of

section 63.142, Florida 125 Statutes, is amended to read: 126 63.142 Hearing; judgment of adoption.— 127

(4) JUDGMENT.— 128 (

a) At the conclusion of the hearing, after the court 129 determines that the date for a parent to file an appeal of a 130 valid judgment terminating that parent’s parental rights has 131 passed and no appeal, pursuant to the Florida Rules of Appellate 132 Procedure, is pending and that the adoption is in the best 133 interest of the person to be adopted, a judgment of adoption 134 shall be entered.

A judgment terminating parental rights pending 135 adoption is voidable and any later judgment of adoption of that 136 minor is voidable if, upon a parent’s motion for relief from 137 judgment, the court finds that the adoption substantially fails 138 to meet the requirements of this chapter. The motion must be 139 filed within a reasonable time, but not later than 1 year after 140 the date the judgment terminating parental rights was entered. 141 (

b) Upon entry of a judgment of adoption, the clerk of the 142 court shall transmit a certified copy of the judgment to the 143 Department of Health. Within 15 business days after receipt of 144 the certified copy of the judgment of adoption, the Department 145

Florida Senate - 2021 SB 1814 39-01921A-21 20211814__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. of Health must provide, by e-mail or certified mail, return 146 receipt requested, a complete set of the adopted child’s medical 147 records, including the child’s immunization records, to the 148 adopting parents. The Department of Health may not dispose of an 149 adopted child’s medical and immunization records until 16 150 business days after the court enters the judgment of adoption. 151

Section 5. This act shall take effect July 1, 2021. 152