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8.535 Postdisposition Hearings
(a) Initial Hearing. If the court terminates parental
rights, a postdisposition hearing must be set within 30
days after the date of disposition. At the hearing, the
department or licensed child-placing agency shall provide
to the court a plan for permanency for the child.
(b) Subsequent Hearings. Following the initial
postdisposition hearing, the court shall hold hearings
every 6 months to review progress being made toward
permanency for the child until the child is adopted or
reaches the age of 18, whichever occurs first. Review
hearings for alternative forms of permanent placement
shall be held as provided by law.
(c) Continuing Jurisdiction. The court that terminates
the parental rights to a child under chapter 39,
Florida Statutes, shall retain exclusive jurisdiction
in all
matters pertaining to the child’s adoption under chapter
63, Florida Statutes. The petition for adoption must be
filed in the division of the circuit court that entered the
judgment terminating parental rights, unless a motion
for change of venue is granted as provided by law.
(d) Withholding Consent to Adopt.
(1) When a petition for adoption and a favorable
home study under section 39.812(5), Florida Statutes,
have been filed and the department’s consent has not
been filed, the court shall conduct a hearing to determine
if the department has unreasonably withheld consent.
(2) In reviewing whether the department unreasonably
withheld its consent to adopt, the court
shall determine whether the department abused its
discretion by withholding consent to the adoption by
the petitioner. In making this determination, the court
shall consider all relevant information, including information
obtained or otherwise used by the department
in selecting the adoptive family, pursuant to Florida
Administrative Code Chapter 65C.
(3) If the court determines that the department
unreasonably withheld consent to adopt, and the
petitioner has filed with the court a favorable home
study as required by law, the court shall incorporate
its findings into a written order with specific findings
of fact as to how the department abused its discretion
in withholding its consent to adopt, and the consent of
the department shall be waived.
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