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  HB 435  2026
1A bill to be entitled
2An act relating to placement of a child in a certified
3domestic violence center; amending s. 39.01, F.S.;
4revising the definition of the term "shelter";
5amending s. 39.4021, F.S.; providing that a certified
6domestic violence center may be considered a placement
7priority for a child; amending s. 39.521, F.S.;
8providing that the Department of Children and Families
9does not have to provide a home study to the court if
10placing a child in a certified domestic violence
11center; authorizing the court to place a child and his
12or her proposed legal custodian in a certified
13domestic violence center under certain circumstances;
14amending s. 63.092, F.S.; providing that placement of
15a minor in a certified domestic violence center
16constitutes an at-risk placement; authorizing a
17certified domestic violence center to serve as a
18temporary legal residence for a minor; waiving
19preliminary home study requirements under certain
20circumstances; providing that the department is not
21required to conduct an in-person home study of the
22certified domestic violence center under certain
23circumstances; providing construction; prohibiting the
24department from compelling a minor to return to a
25previously approved residence if certain conditions
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26are met; requiring the court to consider the totality
27of the circumstances and not make certain assumptions;
28providing an effective date.
29
30    Be It Enacted by the Legislature of the State of Florida:
31
32Section 1.        Subsection (81) of section 39.01, Florida
33    Statutes, is amended to read:
3439.01        Definitions.—When used in this chapter, unless the
35    context otherwise requires:
36(81)        "Shelter" means a placement with a relative or a
37    nonrelative, or in a licensed home or facility, or in a domestic
38    violence center certified under part XII of this chapter for the
39    temporary care of a child who is alleged to be or who has been
40    found to be dependent, pending court disposition before or after
41    adjudication.
42Section 2.        Paragraph (a) of subsection (2) of section
43    39.4021, Florida Statutes, is amended to read:
4439.4021       Priority placement for out-of-home placements.—
45(2)      PLACEMENT PRIORITY.—
46(a)      When a child cannot safely remain at home with a
47    parent, out-of-home placement options must be considered in the
48    following order:
491.      Nonoffending parent.
502.      Relative caregiver.
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513.      Adoptive parent of the child's sibling, when the
52    department or community-based care lead agency is aware of such
53    sibling.
544.      Fictive kin with a close existing relationship to the
55    child.
565.      Nonrelative caregiver that does not have an existing
57    relationship with the child.
586.      Licensed foster care.
597.      Group or congregate care.
608.      A domestic violence center certified under part XII of
61    this chapter.
62Section 3.        Paragraph (o) of subsection (2) and subsection
63    (3) of section 39.521, Florida Statutes, are amended to read:
6439.521      Disposition hearings; powers of disposition.—
65(2)      The family functioning assessment must provide the
66    court with the following documented information:
67(o)      If the child has been removed from the home and will
68    be remaining with a relative, parent, or other adult approved by
69    the court, a home study report concerning the proposed placement
70    must shall be provided to the court. Before recommending to the
71    court any out-of-home placement for a child other than placement
72    in a licensed shelter or foster home or domestic violence center
73    certified under part XII of this chapter, the department shall
74    conduct a study of the home of the proposed legal custodians,
75    which must include, at a minimum:
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761.      An interview with the proposed legal custodians to
77     assess their ongoing commitment and ability to care for the
78     child.
792.      Records checks through the State Automated Child
80     Welfare Information System (SACWIS), and local and statewide
81     criminal and juvenile records checks through the Department of
82     Law Enforcement, on all household members 12 years of age or
83     older. In addition, the fingerprints of any household members
84     who are 18 years of age or older may be submitted to the
85     Department of Law Enforcement for processing and forwarding to
86     the Federal Bureau of Investigation for state and national
87     criminal history information. The department has the discretion
88     to request State Automated Child Welfare Information System
89     (SACWIS) and local, statewide, and national criminal history
90     checks and fingerprinting of any other visitor to the home who
91     is made known to the department. Out-of-state criminal records
92     checks must be initiated for any individual who has resided in a
93     state other than Florida if that state's laws allow the release
94     of these records. The out-of-state criminal records must be
95     filed with the court within 5 days after receipt by the
96     department or its agent.
973.      An assessment of the physical environment of the home.
984.      A determination of the financial security of the
99     proposed legal custodians.
1005.      A determination of suitable child care arrangements if
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101    the proposed legal custodians are employed outside of the home.
1026.      Documentation of counseling and information provided to
103    the proposed legal custodians regarding the dependency process
104    and possible outcomes.
1057.      Documentation that information regarding support
106    services available in the community has been provided to the
107    proposed legal custodians.
1088.      The reasonable preference of the child, if the court
109    deems the child to be of sufficient intelligence, understanding,
110    and experience to express a preference.
111
112    The department may not place the child or continue the placement
113    of the child in a home under shelter or postdisposition
114    placement if the results of the home study are unfavorable,
115    unless the court finds that this placement is in the child's
116    best interest.
117
118    Any other relevant and material evidence, including other
119    written or oral reports, may be received by the court in its
120    effort to determine the action to be taken with regard to the
121    child and may be relied upon to the extent of its probative
122    value, even though not competent in an adjudicatory hearing.
123    Except as otherwise specifically provided, nothing in this
124    section prohibits the publication of proceedings in a hearing.
125(3)      When any child is adjudicated by a court to be
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126    dependent, the court shall determine the appropriate placement
127    for the child as follows:
128(a)      If the court determines that the child can safely
129    remain in the home with the parent with whom the child was
130    residing at the time the events or conditions arose that brought
131    the child within the jurisdiction of the court and that
132    remaining in this home is in the best interest of the child,
133    then the court shall order conditions under which the child may
134    remain or return to the home and that this placement be under
135    the protective supervision of the department for not less than 6
136    months.
137(b)      If there is a parent with whom the child was not
138    residing at the time the events or conditions arose that brought
139    the child within the jurisdiction of the court who desires to
140    assume custody of the child, the court shall place the child
141    with that parent upon completion of a home study, unless the
142    court finds that such placement would endanger the safety, well-
143    being, or physical, mental, or emotional health of the child.
144    Any party with knowledge of the facts may present to the court
145    evidence regarding whether the placement will endanger the
146    safety, well-being, or physical, mental, or emotional health of
147    the child. If the court places the child with such parent, it
148    may do either of the following:
1491.      Order that the parent assume sole custodial
150    responsibilities for the child. The court may also provide for
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151    reasonable visitation by the noncustodial parent. The court may
152    then terminate its jurisdiction over the child.
1532.      Order that the parent assume custody subject to the
154    jurisdiction of the circuit court hearing dependency matters.
155    The court may order that reunification services be provided to
156    the parent from whom the child has been removed, that services
157    be provided solely to the parent who is assuming physical
158    custody in order to allow that parent to retain later custody
159    without court jurisdiction, or that services be provided to both
160    parents, in which case the court shall determine at every review
161    hearing which parent, if either, shall have custody of the
162    child. The standard for changing custody of the child from one
163    parent to another or to a relative or another adult approved by
164    the court shall be the best interest of the child.
165(c)      If the court determines that the child can safely
166    remain with a parent, relative, or other adult approved by the
167    court but that it is not safe for the child to reside in the
168    same home as the child was residing at the time the events or
169    conditions arose that brought the child within the jurisdiction
170    of the court, the court may place the child and parent,
171    relative, or other adult approved by the court in a domestic
172    violence center certified under part XII of this chapter if all
173    of the following conditions are met:
1741.      The parent, relative, or other adult approved by the
175    court is fleeing domestic violence.
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1762.      The domestic violence center is certified and meets the
177    licensing standards of part XII of this chapter.
1783.      The department is notified within 24 hours after
179    placement of the child in a certified domestic violence center.
1804.      The certified domestic violence center coordinates with
181    the department to provide necessary updates to the department
182    and to coordinate access to the child for case management
183    purposes.
184(d)(c)      If no fit parent is willing or available to assume
185    care and custody of the child, place the child in the temporary
186    legal custody of an adult relative, the adoptive parent of the
187    child's sibling, or another adult approved by the court who is
188    willing to care for the child, under the protective supervision
189    of the department. The department must supervise this placement
190    until the child reaches permanency status in this home, and in
191    no case for a period of less than 6 months. Permanency in a
192    relative placement shall be by adoption, long-term custody, or
193    guardianship.
194(e)(d)      If the child cannot be safely placed in a
195    nonlicensed placement, the court shall commit the child to the
196    temporary legal custody of the department. Such commitment
197    invests in the department all rights and responsibilities of a
198    legal custodian. The department shall not return any child to
199    the physical care and custody of the person from whom the child
200    was removed, except for court-approved visitation periods,
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201    without the approval of the court. Any order for visitation or
202    other contact must conform to the provisions of s. 39.0139. The
203    term of such commitment continues until terminated by the court
204    or until the child reaches the age of 18. After the child is
205    committed to the temporary legal custody of the department, all
206    further proceedings under this section are governed by this
207    chapter.
208
209    Protective supervision continues until the court terminates it
210    or until the child reaches the age of 18, whichever date is
211    first. Protective supervision shall be terminated by the court
212    whenever the court determines that permanency has been achieved
213    for the child, whether with a parent, another relative, or a
214    legal custodian, and that protective supervision is no longer
215    needed. The termination of supervision may be with or without
216    retaining jurisdiction, at the court's discretion, and shall in
217    either case be considered a permanency option for the child. The
218    order terminating supervision by the department shall set forth
219    the powers of the custodian of the child and shall include the
220    powers ordinarily granted to a guardian of the person of a minor
221    unless otherwise specified. Upon the court's termination of
222    supervision by the department, no further judicial reviews are
223    required, so long as permanency has been established for the
224    child.
225Section 4.        Subsection (2) of section 63.092, Florida
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226    Statutes, is amended and subsection (4) is added to that
227    section, to read:
22863.092      Report to the court of intended placement by an
229    adoption entity; at-risk placement; preliminary study.—
230(2)      AT-RISK PLACEMENT.—If the minor is placed in the
231    prospective adoptive home or in a certified domestic violence
232    center before the parental rights of the minor's parents are
233    terminated under s. 63.089, the placement is an at-risk
234    placement. If the placement is an at-risk placement in a
235    prospective adoptive home, the prospective adoptive parents must
236    acknowledge in writing before the minor may be placed in the
237    prospective adoptive home that the placement is at risk. The
238    prospective adoptive parents must shall be advised by the
239    adoption entity, in writing, that the minor is subject to
240    removal from the prospective adoptive home by the adoption
241    entity or by court order at any time before prior to the
242    finalization of the adoption.
243(4)      DOMESTIC VIOLENCE EMERGENCIES.—
244(a)      In an emergency domestic violence situation, a
245    domestic violence center certified under part XII of chapter 39
246    may serve as a temporary legal residence for a minor. The
247    preliminary home study required under subsection (3) is
248    temporarily waived as long as all of the following conditions
249    are met:
2501.      A preliminary home study of the certified domestic
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251    violence center is initiated within 15 business days after the
252    minor begins residing at such center.
2532.      The minor's placement at the certified domestic
254    violence center is documented as an at-risk placement under
255    subsection (2).
2563.      Final approval of the minor's placement is completed
257    within 30 days after the minor begins residing at the certified
258    domestic violence center.
259(b)1.       The department is not required to conduct an in-
260    person home study of the certified domestic violence center and
261    instead may:
262a.      Rely on the certification of the domestic violence
263    center as a measure for baseline safety compliance; or
264b.      Accept a signed affidavit from the board of directors
265    of the certified domestic violence center verifying appropriate
266    living conditions for and supervision of the minor within such
267    center.
2682.      Compliance with subparagraph 1. constitutes a modified
269    safety assessment and satisfies all statutory requirements for
270    safety assessments.
271(c)      The existence of an approved preliminary home study
272    does not, by itself, constitute grounds for overriding the
273    placement of a minor in a certified domestic violence center.
274    The department may not compel a minor to return to a previously
275    approved residence if all of the following occur:
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2761.      The parent, relative, or other adult with which the
277    court approved the minor to be placed is fleeing domestic
278    violence.
2792.      The domestic violence center is certified and meets the
280    licensing standards of part XII of chapter 39.
2813.      The board of directors of the certified domestic
282    violence center affirms that placement of the minor within the
283    care of such center is appropriate.
284(d)      The court shall consider the totality of the
285    circumstances, including any risk of harm to the minor, and may
286    not presume that a previously approved home is preferable solely
287    because it received a favorable preliminary home study.
288Section 5.        This act shall take effect upon becoming a law.
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