Updated 04/28/25
FAC By laws – Exhibit “C”
Policies for Participation in Florida Adoption Council’s Listserv
- The Florida Adoption Council listserv is a forum for Florida Adoption Council members to share
and disseminate information pertaining to the practice of adoption in the state of Florida,
including but not limited to legislative changes and updates, legal questions, sharing
information relating to available adoptive matches and placements, networking for adoption
services, education in the field of adoption, and the prevention of adoption fraud.
- Membershipin the Florida Adoption Council is required to participate on the Florida Adoption
Council listserv. Members are expressly prohibited from making any queries or postings on
behalf of non-members, including, but not limited to, queries and postings pertaining to birth
mother inquiries, birth mother alerts, adoptive families needed, requests for assistance, requests
for information, etc. Participants will be removed from the listserv if their Florida Adoption
Council membership lapses or they are no longer a member in good standing. Participants
understand that the use of the listserv is a privilege of Florida Adoption Council membership,
which privilege may be suspended or revoked by the Florida Adoption Council for breach of
the listserv policies.
- Atthe time ofa member’s initial application for membership, or renewal ofmembership, in
the Florida Adoption Council, the member shall sign a form acknowledging receipt of
Policies for Participation in Florida Adoption Council’s Listserv and agreeing to follow and
comply with the policies contained therein.
- All members acknowledge that this listserv is a private forum wherein all listserv postings are
confidential and for Florida Adoption Council members only. Listserv participants are
prohibited from forwarding or disseminating in any manner any listserv message to anyone not
a member of the Florida Adoption Council. Administrative staff of Florida Adoption Council
members may access and receive listserv messages or forward listserv messages to Florida
Adoption Council members but are similarly restricted from disseminating this information.
Improper dissemination of listserv postings will be deemed unprofessional and grounds for
sanctions, including but limited to immediate suspension/revocation of Florida Adoption
Council membership and/or immediate suspension or revocation of access to the listserv.
- Postings on the Florida Adoption Council listserv shall be limited to matters relating to
adoption. Use of the listserv for commercial purposes or promotion (i.e., marketing items for
sale, charitable activities, etc.) is prohibited. No member shall post or forward to the listserv
any information regarding a prospective adoptive family seeking a child, nor shall any member
advertise adoption services through the listserv unless the referenced family or services are in
direct response to an inquiry from another member.
- Membersshall insure that their personal use of the listserv does not cause unnecessary spam or
nuisance e-mail to other members. Any member whose computer becomes infected with a virus
or other undesirable computer infiltration shall immediately notify the person maintaining the
listserv of the problem.
- TheFlorida Adoption Council may, but generally does not, screen posting content prior to
posting by the member and, therefore, does not approve, authorize, censor, edit or otherwise
exercise any discretion over the content of the postings to the listserv prior to the posting.
The member posting any e-mail is therefore solely responsible for the content ofthe posting
and agrees to be individually liable for any posting originating from the member’s e-mail
address. By utilizing the listserv, members agree to hold harmless and indemnify the Florida
Adoption Council from any liability associated with any member’s posting(s) to the listserv.
- Listservparticipants shall always conform to appropriate standards of conduct on the listserv.
Any obscene, offensive, inflammatory, libelous, or derogatory statement, or any personal
attack, in a message is strictly prohibited. Derogatory or disparaging information or comments
pertaining to birth parents are also strictly prohibited, as are postings in violation of Section
11 below. Any posting in violation of these policies will result in sanctions. Unless otherwise
directed by the board, the first violation not determined to be serious or blatant will result in a
private warning via e-mail. Unless otherwise directed by the board, any violation after the initial
warning will result in at least a 30-day suspension of membership (which includes a suspension
of listserv privileges). However, any violation determined by the Board of Directors to be
serious and blatant may result in immediate temporary suspension of membership and listserv
privileges, or permanent suspension or revocation of membership and/or listserv privileges,
regardless ofwhether there has been a previous warning. Unless otherwise directed by the board
in any instance, sanctions for listserv violations not determined to be serious or blatant are as
follows:
- FirstViolation: Private e-mail warning from FAC secretary or president
on behalf of the board.
- SecondViolation: When a second violation occurs within one year of
the first violation, at least a 30-day suspension of membership, which
includes a suspension of listserv privileges during any period of membership
suspension.
- ThirdViolation and Subsequent Violations: When a third or
subsequent violation occurs within one year of a second violation,
sanctions as determined by the board, which include, but are not limited
to: fines; private or public reprimands; probation periods, during which
all postings to listserv must receive prior approval; temporary or
permanent suspension/revocation of membership and/or listserv
privileges; etc.
- Alllistserv postings shall include a subject heading (i.e., Legislative Update, Legal Question,
Criminal Actions, Birth Mother Inquiry, Birth Mother BOLO, Adoptive Parent Inquiry,
Adoptive Parcnt5OW, Adoptive Family Needed, etc.) sufficient to enable members to quickly
identify the content of the posting.
- Thefollowing definitions shall apply:
- “BirthParent Inquiry (“BMI”).” Any posted inquiry by a member seeking to
determine if any other members have heard from or communicated with a birth
parent communicating with the posting member.
- “BeOn the Lookout For (“BOLO”).” Any posted inquiry by a member seeking
to warn or advise other members of behaviors of concern by a birth parent. All
BMI’s and BOLO’s postings to the listserv shall be posted in the following form:
1- If WITHOUT Written Authorization Of Birth Parent – Absent written
authorization from a birth parent to disclose identifying information via e-
mail, listserv or other media, listserv postings relating to birth parent inquiries
or alerts shall only contain non-identifying information which shall include
the birth parent’s first name, and the first letter of last name, anticipated due
date or date of delivery, and city and state ofresidence or expected/actual place
of delivery, (i.e. Susan D. due 2/8/09 in Jacksonville, Florida; or Jennifer B.,
delivered 12/4/08 in Tampa, Florida). No other identifying information may
be included.
- IfWITH Written Authorization Of Birth Parent – Postings from
members who have written authorization from a birth parent to disclose
identifying information via email, listserv or other media postings relating
to birth parent inquires or alerts may contain the birth parent’s first and last
name, anticipated due date or date of delivery, and city and state of residence
or expected/actual place of delivery (i.e. Janet Thompson, due 4/14/09 in
Jacksonville, Florida; or Samantha Smith delivered 10/15/08 in Daytona
Beach, Florida). Any post identifying a birth parent by more than first name
and ONLY the first letter of the last name must state “WITH written
permission. ”
NO other written commentary or information about the birth parent or the status of
his/her adoption plan shall be posted with the inquiry or alert (i.e., “watch out for”,
“matched and receiving support”, etc.). If a member wants further information about a specific
alert or inquiry, they should telephone, privately e-mail, or otherwise privately contact the
member making the post.
- “AdoptiveParent Inquiry (“API”),” Any posted inquiry by a member seeking to
determine if any other members have worked with or engaged in home study
services with the prospective adoptive parent.
- “BeOn the Lookout For” (“BOLO AP”) Any posted inquiry by a member seeking
to warn or advise other members of concern by prospective adoptive parents who
the Member has reason to believe will impede, compromise, or circumvent home
study requirements or are providing misinformation in pursuit of home study
approval. All API’s and AP BOLO’s postings to the listserv shall be posted in the
following form:
1- If WITHOUT Written Authorization Of Prospective Adoptive Parents –
Absent written authorization from prospective adoptive parents to disclose
identifying information via e-mail, listserv or other media, listserv postings
relating to prospective adoptive parents inquiries or alerts shall only contain non¬
identifying information which shall include the prospective adoptive parents’
first name, and the first letter of last name and city, county and state of
residence (i.e., API: Ann & Michael D. Palm Beach County, or APBOLO:
Ann &.Michael D. Palm Beach County, FL). No other identifying information
may be included.
- IfWITH Written Authorization Of Prospective Adoptive Parents –
Postings from members who have written authorization from prospective
adoptive parents to disclose identifying information via email, listserv or
other media postings relating to prospective adoptive parent inquires or
alerts may contain the prospective adoptive parents’ first and last name, and
city, county and state of residence (i.e. API: Ann & Michael Douglas Palm
Beach County, FL or AP BOLO: Ann & Michael Douglas Palm Beach
County, FL. ) Any post identifying prospective adoptive parent by more than
first name and ONLY the first letter of the last name must state “WITH
written permission. ”
NO other written commentary or information about the prospective adoptive parents or
the status ofhis/her adoption plan shall be posted with the inquiry or alert ti.e.. “watch
out for”, “possible fraud”, etc.). If a member wants further information about a specific alert
or inquiry, they should telephone, privately e-mail, or otherwise privately contact the member
making the post.
If the Florida Adoption Council should provide approved forms to be utilized for postings,
then each member must utilize the form provided by the Council.
- Membersacknowledge privacy and confidentiality are key considerations when posting
on the FAC Listserv. Members will observe the same format requirements set out above for
birth parents when posting about an alleged birth father, an alleged possible birth father, or a
legal father. Postings with information about a child to be placed for adoption should include
non-identifying information only, such as age, type of medical issues, and general location. Full
names should NOT be used. Specific identifying information other than what is expressly
allowed herein should only be shared directly (in person, on the phone, or in an email) with an
interested FAC member and NOT posted on the listserv. Failure to observe these guidelines
may result in sanctions as outlined in Section 8.
- Alllistserv postings shall include the name, telephone number, and email address of
the member making the post to enable members to sufficiently identify the member making
the post.
- Membersof the FAC shall refrain from engaging in solicitation of birth parents who
are currently working with another member.
- FloridaAdoption Council members shall extend every possible professional courtesy
to other Florida Adoption Council members and to the clients of other members. If a
Florida Adoption Council member learns that a birth parent has previously made an
adoption plan through another member, is receiving actual financial assistance from
another member, or actually received financial assistance from another member,
concerning the same pregnancy or placement, the member shall forthwith contact the
other member to confer regarding the matter. If appropriate, the newly contacted entity
should attempt to assist in reconciling any misunderstandings or miscommunications that
might allow the birth parent to return to the prior member and/or prospective adopting
parent(s) with whom the birth parent had been matched. If this is either impossible or not
agreeable to the birth parent, then in circumstances where the birth parent has received
assistance with living and/or medical expenses from a member or clients represented by
that member, the newly contacted member shall extend every professional courtesy to
other Florida Adoption Council members and to the clients of other members, by
attempting to secure financial reimbursement of said living and/or medical expenses to
the entity or person(s) who incurred said expenses on behalf of the birth parent, so long
as the reimbursement represents legally permissible and reasonable expenses as provided
in Chapter.63 of the Florida Statutes.
- Membersof the Florida Adoption Council shall refrain from initiating any
unsolicited contact with any birth parent who the member knows, or has reason to
believe, is currently working with another adoption entity and encouraging or
discussing with the birth parent changing adoption entities or considering other
prospective adoptive parents for their child. This includes any member that has
previously worked with said birth parent, or any member that has represented or
worked with, or is currently representing or working with, a prospective adoptive
parent that has previously adopted a child from said birth parent. In instances where
the member feels that maintaining sibling contact or placement of siblings together is
a possibility, the member shall contact the adoption entity believed to be currently
working with the birth parent directly to inform the adoption entity of the possibility.
- Policiesfor Participation in the Florida Adoption Council’s Listserv shall be enforced
by the Florida Adoption Council Board of Directors, based upon the recommendations
from the Grievance Committee, in such manner as the board shall determine. The Board
of Directors has the authority to temporarily suspend or permanently revoke the
membership, and/or listserv access, to any member who violates any of the provisions
contained herein, and the board’s decision shall be final. The board may also delegate to
such officer, member, or committee, as it deems appropriate, the authority to immediately
suspend a member’s membership and/or listserv privileges for up to 30 days without prior
board approval.
- Questionsor complaints regarding the suitability of a listserv posting should be
addressed to the Secretary of the Florida Adoption Council, or such other person(s) as the
Board ofDirectors shall designate.