What if you have applied to adopt a child from foster care, but you don’t have custody of the child? Do you have any right to information?  You absolutely do. You have a right to notice of hearings. You have a right to be heard by the court. And you have the right to certain legal documents and disclosure on the child’s background.

The first step in advising or representing a prospective adoptive parent is getting that information.

Dependency hearings are open to the public. 

As a preliminary matter, it is important to realize that “All hearings, except as provided in this section, shall be open to the public, and a person may not be excluded except on special order of the judge, who may close any hearing to the public upon determining that the public interest or the welfare of the child is best served by so doing. ” Fla. Stat. § 39.507(2). The general public may be barred from a hearing only under certain circumstances. Preadoptive parents should not, however, be considered mere members of the general public and therefore should not be excluded from hearings.  DCF is required to recruit (F.A.C. 65C-16.004; 65C-16.001(2)) and respond (63.093) to preadoptive parents. 

What information is an adoptive applicant entitled to?

Noncustodial preadoptive parents must be advised of what is happening in dependency cases. Preadoptive parents (i.e., adoptive applicants) are entitled to:

• At least 72 hours’ notice of all court hearings.  Stat. § 39.502(17); Fla. R. Juv. P. 8.225(f)(3).
• Notice of all judicial review and citizen review panel hearings.  Stat. § 39.701(1)(f). Preadoptive parents have the right to address the court at JR hearings. 
• Ask the court for participant status. 39.01(60).
• Ask for a court order to inspect the rest of the dependency court file. Fla. Stat. § 39.0132.
• The child’s abuse reports.  Stat. § 39.202(2)(t). 

Adoptive applicants who have completed their adoption home studies are also entitled to:

1. A family social and medical history form completed pursuant to s. 63.162(6).
2. The biological mother’s medical records documenting her prenatal care and the birth and delivery of the child.
3. A complete set of the child’s medical records documenting all medical treatment and care since the child’s birth and before placement.
4. All mental health, psychological, and psychiatric records, reports, and evaluations concerning the child before placement.
5. The child’s educational records, including all records concerning any special education needs of the child before placement.
6. Records documenting all incidents that required the department to provide services to the child, including all orders of adjudication of dependency or termination of parental rights issued pursuant to chapter 39, any case plans drafted to address the child’s needs, all protective services investigations identifying the child as a victim, and all guardian ad litem reports filed with the court concerning the child.
7. Written information concerning the availability of adoption subsidies for the child, if applicable.

Fla. Stat. § 63.085(2)(a).

Making the request for information

Preadoptive parents are entitled to this information regardless of whether an AARC has already been convened or reached a decision. Dependency procedures are often streamlined and to get all the relevant information in a timely manner, caregivers should move quickly.

No response?

Occasionally DCF and the foster agency each claim the other is responsible for producing the information. But it is not the adoptive applicant’s job to decide who is responsible for producing which document. If you are stonewalled or sent on a wild goose chase, you should consider escalating the matter with the assistance of an attorney.

Conclusion

Adoptive applicants rarely have all the information they are entitled to. Sadly, we have seen this result in disrupted adoptions. Fortunately, DCF will often remedy omissions in a timely manner upon request. When DCF does not, however, you must be ready with the legal authority that supports your request.