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Some commonly asked questions What is a home study? Disclaimer: The information provided above is an overview of Florida's adoption law effective June 2, 2003. It is a brief introduction to a complex topic. This is not a complete dissertation of the law, is not tailored to a specific case, and you should not rely on this document. Moreover, the adoption law is new and untested; therefore, this information may change as the courts interpret the law. When you have specific questions regarding your particular adoptive placement, please address them with your adoption professional. |
The ICWA is a federal law that was enacted in 1978 to protect American Indian children who are members of or are eligible for membership in an Indian tribe from being placed for adoption with non-Indian families. The ICWA allows for a tribe to intervene in a termination of parental rights proceeding and, in some cases, allows for jurisdiction to be transferred to the tribe. In order to determine that a child placed for adoption does not fall within the ICWA, we request information from the birth parents as to whether they, or their relatives, are eligible for tribal membership. In order to comply with the ICWA, we write to any tribe that the birth parents indicate may have an interest in the child. In most cases, the child does not qualify for tribal membership and the tribe responds that it has no intention to intervene in the placement. An adoptive placement that involves a child with American Indian heritage is at risk until such time as the tribe indicates that it has no intention to intervene and until the birth parents' rights are terminated. |
Executive Office • 418 W. Platt Ave., Tampa, FL 33606 • Ph. (813) 258-3355 • Fax (813) 258-3373 |
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State Capitol Office • P.O. Box 10728, Tallahassee, FL 32312 • Ph. (850) 577-3077 |
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