Attorney at Law
When a child becomes involved in Florida’s dependency system—often due to allegations of abuse, neglect, or abandonment—reunification with the biological parents is typically the initial goal. However, in cases where reunification is no longer possible or appropriate, other permanency options must be considered. One such option is adoption intervention, a legal process under Florida Statutes Chapter 39 that allows a private individual or family to petition for adoption during an open dependency case.
At Tupper Law, P.A., we help individuals and families in Jacksonville navigate the sensitive and complex process of adoption intervention. In this article, we explain what adoption intervention is, how it works, and why it may be an important tool for securing a stable, permanent home for a child in the dependency system.
Understanding Chapter 39 and Dependency Proceedings
Florida’s Chapter 39 governs dependency proceedings—legal actions involving the state’s interest in protecting children who are at risk of harm in their current home environment. When a child is removed from parental custody due to verified abuse, neglect, or abandonment, the Department of Children and Families (DCF) may initiate a dependency case.
During this process, the court will often provide services to help the parents regain custody. However, if the court determines that reunification is no longer viable, it will consider other permanent placement options, such as permanent guardianship or adoption.
What Is Adoption Intervention?
Adoption intervention is a legal mechanism that allows a private adoption entity, typically working with prospective adoptive parents, to petition the dependency court for permission to adopt a child who is already involved in a Chapter 39 case. This petition can be filed before parental rights have been terminated, distinguishing it from the more common post-termination adoptions.
In other words, adoption intervention allows third parties (usually pre-approved adoptive parents) to step into an ongoing dependency case and request to be considered as the child’s permanent placement, with the biological parent’s consent.
Who Can File an Adoption Intervention?
Under Florida law, an adoption intervention can only be initiated by:
- A licensed child-placing agency
- An attorney licensed in Florida who is working with adoptive parents and has experience in adoption law
The prospective adoptive parents must also meet the criteria for adoption eligibility under Florida law. Importantly, the biological parent must voluntarily consent to the intervention and the proposed adoption plan.
The Process of Adoption Intervention
Here is a general overview of how the adoption intervention process unfolds:
Consent of the Parent
The biological parent must provide written consent to the adoption intervention. This is often the most critical step, as the process cannot move forward without it.
Filing the Intervention Petition
The adoption entity working with the adoptive family will file a petition to intervene in the ongoing dependency case. This petition outlines the adoptive parents’ qualifications and their interest in adopting the child.
Court Hearing and Review
The dependency court will review the petition and schedule a hearing. At this stage, the court will consider:
- The best interests of the child
- The fitness and stability of the proposed adoptive parents
- The current case plan and status of the dependency proceedings
Placement Decision
If the court approves the petition, the child may be placed with the adoptive family, even before parental rights have been terminated. The adoptive parents will then continue working through the adoption process with the support of their attorney or adoption agency.
Benefits of Adoption Intervention
For children in dependency proceedings, adoption intervention can provide:
- A faster path to permanency, especially when reunification is unlikely
- Placement with pre-screened, willing adoptive parents
- A way for biological parents to have a say in the child’s future
From the perspective of the biological parent, adoption intervention can also be a compassionate alternative to involuntary termination of parental rights, allowing them to participate in choosing a family for their child.
Legal Considerations and Challenges
While adoption intervention can be a powerful tool, it is not without complexity. The court’s primary concern will always be the best interests of the child, which may or may not align with the wishes of the biological parent or the proposed adoptive family.
Additionally, DCF and the Guardian ad Litem may oppose the intervention if they believe the placement is not appropriate. All parties must be prepared to provide evidence that the intervention and resulting adoption will serve the child’s emotional, physical, and developmental needs.
How Tupper Law, P.A. Can Help
Adoption intervention requires careful legal planning, sensitivity to the needs of all involved parties, and a strong understanding of Florida’s family and dependency laws. At Tupper Law, P.A., we offer experienced guidance to adoptive families and biological parents in Jacksonville seeking to use this unique legal process.
Whether you are a prospective adoptive parent or a biological parent considering adoption during a dependency case, our firm can help ensure your rights are protected and your case is handled with the care it deserves.
If you’re considering adoption intervention in Jacksonville, contact Tupper Law, P.A. today to schedule a consultation and learn more about your options under Florida law.