Priority placement for out-of-home placements.§ 39.4021
DCF forms citing it: CF-FSP 5438 Assessment for Levels of Care and Placement · CF-FSP 5465 Sibling Placement Assessment Tool
Related court rules: Rule 8.345
5 opinions cite § 39.4021
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Department of Children & Families v. J.H. 6D2025-0304-2 · 6th DCA 2025
Order letting denied applicants adopt reversed because the trial court exceeded its limited review of DCF's adoption decision and punished earlier DCF errors.
…This violated operative statutes and regulations, which likely would have resulted in the Child’s placement with Denied Applicants and his siblings. See § 39.4021(2)(a)3., 6., Fla. Stat. (2021) (requiring DCF to consider adoptive parents of child’s sibling, when aware of that sibling, before foster placement where child’s…
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Department of Children & Families v. J.H. 6D2025-0304 · 6th DCA 2025
Order letting denied applicants adopt reversed because the trial court exceeded its limited review of DCF's adoption decision and punished earlier DCF errors.
…This violated operative statutes and regulations, which likely would have resulted in the Child’s placement with Denied Applicants and his siblings. See § 39.4021(2)(a)3., 6., Fla. Stat. (2021) (requiring DCF to consider adoptive parents of child’s sibling, when aware of that sibling, before foster placement where child’s…
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H.S. v. Department of Children & Families 4D2023-1825 · 4th DCA 2024
Prohibition granted to disqualify the trial judge, whose remarks to the child showed prejudgment against a nonoffending father who opposed his child's gender transition.
…to the child what would happen if she permanently removed the child from the father’s custody contrary to the “placement priority” provided by section 39.4021(2)(a)(1.), Florida Statutes (2023), requiring 3 A minor may continue to undergo sex-reassignment treatment if the treatment began and was ongoing on May 17, 2023,…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2021 Fast-Track Report SC21-1681-2 · Florida Supreme Court 2022
…change discussed herein includes such a comment. Rule 8.305 (Shelter Petition, Hearing, and Order) is amended to conform with the newly enacted section 39.4021, Florida Statutes (2021), which articulates a prioritization for out-of-home placements, including fictive kin and nonrelatives. Accordingly, the phrase…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2021 Fast-Track Report SC21-1681 · Florida Supreme Court 2022
…change discussed herein includes such a comment. Rule 8.305 (Shelter Petition, Hearing, and Order) is amended to conform with the newly enacted section 39.4021, Florida Statutes (2021), which articulates a prioritization for out-of-home placements, including fictive kin and nonrelatives. Accordingly, the phrase…
No opinion cites this provision by number.
2 admin code rules cite § 39.4021
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.
- Rule 65C-29.003 Child Protective Investigations. Implements(3)(a)1.cites (2)
- Rule 65C-30.023 Multidisciplinary Team Staffing. (2)(i)(7)(d)
No admin code rule cites this provision.
0 CFOPs cite § 39.4021
How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.
No CFOP cites § 39.4021.
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(1) LEGISLATIVE FINDINGS AND INTENT. — The Legislature finds that it is a basic tenet of child welfare practice and the law that a child be placed in the least restrictive, most family-like setting available in close proximity to the home of his or her parents which meets the needs of the child, and that a child be placed in a permanent home in a timely manner.
(2) PLACEMENT PRIORITY. —
(a) When a child cannot safely remain at home with a parent, out-of-home placement options must be considered in the following order:
1. Nonoffending parent.
2. Relative caregiver.
3. Adoptive parent of the child’s sibling, when the department or community-based care lead agency is aware of such sibling.
4. Fictive kin with a close existing relationship to the child.
5. Nonrelative caregiver that does not have an existing relationship with the child.
6. Licensed foster care.
7. Group or congregate care.
(b) Except as otherwise provided for in ss. 39.4022 and 39.4024, sibling groups must be placed in the same placement whenever possible and if placement together is in the best interest of each child in the sibling group. Placement decisions for sibling groups must be made pursuant to ss. 39.4022 and 39.4024.
(c) Except as otherwise provided for in this chapter, a change to a child’s physical or legal placement after the child has been sheltered but before the child has achieved permanency must be made in compliance with this section. Placements made pursuant to s. 63.082(6) are exempt from this section.
History. s. 5, ch. 2021-169.