R. Regul. Fl. Bar 6-28.2

As amended through November 4, 2024
Rule 6-28.2 - DEFINITIONS
(a) Adoption Law. "Adoption law" is the practice of law dealing with the complexities and legalities of interstate and intrastate adoption placements, including civil controversies arising from termination of the biological parents' parental rights, the Indian Child Welfare Act, interstate placements controversies before the placement of a child for adoption, and all post-placement proceedings. The practice of adoption law in the state of Florida is generally unique in that decisional, statutory, and procedural laws are specific to this state.
(b) Adoption Placements. "Adoption placements" is the process of surrendering a child for adoption and creating a legal parental relationship between the child and non-relative adoptive parents within the meaning and intent of Florida Statutes.
(c) Contested Adoption Proceedings. "Contested adoption proceedings" is when a litigant contests a proceeding under the Florida Adoption Act. The proceeding may be a contested termination of parental rights in furtherance of adoption, contested adoption judgement, or contested intervention. The proceeding may occur before or after entry of a final judgment of termination of parental rights in furtherance of adoption, a contested stepparent or relative adoption judgment, or order granting or denying intervention.
(d) Adoption Appeal. "Adoption appeal" is any appeal of an issue arising under the Florida Adoption Act, whether the issue was presented pre-or-post finalization of the adoption.
(e) Related Adoption Proceeding. "Related adoption proceeding" is a proceeding commenced under Chapter 120 of the Florida Statutes in which one party challenges the Florida Department of Children and Families' selection of an adoptive family for a child or children committed to the department for adoption or the denial of an adoption subsidy.
(f) Substantial Involvement. The applicant must demonstrate substantial involvement in the placement of minor children for adoption within the 5-year period immediately preceding the application date.
(1)Adoption Placement. Substantial involvement in adoption placement includes active participation in interviewing and counseling adoptive parents, providing full disclosure to adoptive parents regarding applicable law and the subject minor child, providing legally mandated disclosure to biological and legal parents, investigating issues necessary to assure a legally stable adoption placement, preparation of pleadings, providing notice to individuals legally entitle to notice, taking consents for adoption, presentation of evidence in termination of parental rights and adoption proceedings, attendance at hearings, preparation of interstate adoption documentation, and drafting and preparation of post-placement communication agreements, and authorizing payment of living and medical expenses.
(2)Contested Adoption Proceedings or Adoption Appeals. Substantial involvement in a contested adoption proceeding or adoption appeal requires that the applicant demonstrate responsibility for at least 50 percent of the legal work in preparing and presenting the case for any trial, appeal, or evidentiary hearing for disposition by the trier of fact.
(3)Related Adoption Proceedings. Substantial involvement in a related adoption proceeding requires that the applicant demonstrate responsibility for at least 50 percent of the legal work in preparing and presenting the case for any evidentiary hearing for disposition by the trier of fact or appeal of the decision.

R. Regul. Fl. Bar 6-28.2

New subchapter added June 11, 2009, (SC08-1981), (11 So.3d 343);amended and effective 5/20/2016 by The Florida Bar Board of Governors; amended and effective 12/4/2020 by The Florida Bar Board of Governors; amended and effective 3/25/2022 by The Florida Bar Board of Governors.