Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Care of children; “reasonable and prudent parent” standard.§ 409.145

Chapter 409 · Part I · Social and Economic Assistance › Care of Children and Young Adults · 2026 Florida Statutes

DCF guidance: DCF memo, 2026 Foster Parent COLA (Jan. 28, 2026) the 2026 foster care board rates by age

DCF forms citing it: CF-FSP 5081 Recommendation for and Consent to Adoption

11 opinions cite § 409.145

  1. Department of Children & Family Services v. I.B. 891 So. 2d 1168 · 1D04-0355 · 1st DCA 2005

    This opinion cites § 409.145 4 times, the section generally

    · cited by 10 in all courts

    …... rule implements or interprets `specific powers and duties.'"). As "specific authority," Rule 65C-16.008(2) cites sections 120.57, 120.68, 409.026(8), and 409.145. As "law implemented," Rule 65C-16.008(2) cites sections 120.68 and 409.145. Section 120.57 pertains to substantial interest hearings of the kind which the…

  2. L.Y. v. Department of Health & Rehabilitative Services 696 So. 2d 430 · 4D96-2384 · 4th DCA 1997

    This opinion cites § 409.145 4 times: (3)(a), (3)(b), (4)

    · cited by 4 in all courts

    …entered its order, seeing no way around it, in light of the clear language of chapter 39, Florida Statutes. We reluctantly agree. In our view, section 409.145(4), Florida Statutes, does not permit an interpretation argued by appellants whereby we would extend juvenile jurisdiction to L.Y. by reading it in para materia…

  3. Interest of K.H. 444 So. 2d 547 · 1DAQ-355 · 1st DCA 1984

    This opinion cites § 409.145 4 times: (2)(a), and the section generally

    · cited by 9 in all courts

    …with that overlying philosophy is the requirement that every reasonable effort to reunite the child with the family should be taken. See also Section 409.145, Florida Statutes (1981). However, when those efforts have been exhausted and it is determined that the child should be permanently removed from parental…

  4. In re D.W.K. 492 So. 2d 1360 · 5DBJ-17 · 5th DCA 1986

    This opinion cites § 409.145 3 times: (2)(a), and the section generally

    · cited by 1 in all courts

    …the placement of all dependent children in the care of persons other than the natural parents is subject to HRS’s supervision and protection. See Section 409.145(2)(a), Florida Statutes (1983); In the Interest of K.H. and M.C., 444 So.2d 547, 550 (Fla. 1st DCA 1984) and T.W.S. v. Department of Health and Rehab. Serv.,…

  5. Simms v. Department of Health & Rehabilitative Services 641 So. 2d 957 · 3D92-1629 · 3rd DCA 1994

    This opinion cites § 409.145 2 times, the section generally

    · cited by 24 in all courts

    …re J.S., 444 So.2d at 1150 . The authority of HRS to protect children stems either from its enabling act, in chapter 409, Florida Statutes (1991), see § 409.145, or a court order divesting the court's exclusively original jurisdiction. Division of Family Servs. v. State, 319 So.2d 72, 76 (Fla. 1st DCA 1975). …

  6. M.H. v. Department of Children & Family Services 977 So. 2d 755 · 2D07-1006 · 2nd DCA 2008

    Reversed This opinion cites § 409.145 1 time: (2)

    · cited by 1 in all courts

    Denial of foster license renewal reversed because DCF had to prove its abuse charge by a preponderance and the hearing officer found it unproven.

    … 670 So.2d at 934-35 . We understand that children in the foster care program are subject to the protection, care, guidance, and supervision of DCF. § 409.145(2). We also appreciate that DCF must exercise the utmost care in the selection of family foster homes in order to protect the health, safety, and well-being of…

  7. Department of Health & Rehabilitative Services v. Brooke 573 So. 2d 363 · 1D90-2475 · 1st DCA 1991

    This opinion cites § 409.145 1 time: (1)

    · cited by 10 in all courts

    …discretion is not subject to judicial scrutiny regarding its identification of a specific placement. [4] We do not disagree with this proposition. Section 409.145(1), Florida Statutes (1989), [5] requires the Department to "conduct, supervise, and administer a program for dependent children and their families."…

  8. Department of Health & Rehabilitative Services v. Brooke 573 So. 2d 363 · DCA90-2475 · District Court of Appeal 1991

    This opinion cites § 409.145 1 time: (1)

    · cited by 14 in all courts

    …discretion is not subject to judicial scrutiny regarding its identification of a specific placement. 4 We do not disagree with this proposition. Section 409.145(1), Florida Statutes (1989), 5 requires the Department to “conduct, supervise, and administer a program for dependent children and their families.”…

  9. Murray v. Lewis 576 So. 2d 264 · SC76383 · Florida Supreme Court 1990

    This opinion cites § 409.145 1 time: (3)

    · cited by 6 in all courts

    …participant's right to a fee waiver. Section 240.35(1)(a) provides: Any student for whom the state is paying a foster care board payment pursuant to s. 409.145(3) or parts III and V of chapter 39, for whom the permanency planning goal pursuant to part V of chapter 39 is long-term foster care or independent living shall…

  10. In Interest of B.W. 479 So. 2d 740 · 5D84-844 · 5th DCA 1985

    This opinion cites § 409.145 1 time: (1)(b)

    · cited by 8 in all courts

    …C.B. Because under legislated public policy the objective is "the reunification of families who have had children placed in foster homes or institutions" (§ 409.145(1)(b), Fla. Stat.), and not the permanent termination of parental rights, the legislative mandate in § 409.168(3)(a), Fla. Stat., of a peformance agreement in every…

  11. State v. Hollis 439 So. 2d 947 · 1DAL-100 · 1st DCA 1983

    This opinion cites § 409.145 1 time, the section generally

    · cited by 16 in all courts

    …matters relating to child custody and commitment proceedings to both HRS and to the circuit courts. See generally ss. 39.001, 39.40, 39.404, 39.41, 409.168, 409.145, Florida Statutes (1981). When such an overlap of powers occurs, the legitimate exercise of powers by one branch, in this case the judiciary, cannot be said…

22 admin code rules cite § 409.145

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.

  1. Rule 65C-9.002 Definitions. Implements
  2. Rule 65C-9.003 Procedure for Handling Undocumented Foreign National Children Alleged to Be Abused, Neglected or Abandoned. Implements
  3. Rule 65C-28.001 Definitions. Implements
  4. Rule 65C-28.008 Relative Caregiver Program Requirements. (2)(g)2.(3)(d)1.cites (3)
  5. Rule 65C-28.009 Transition to Adulthood. Implements(1)(d)1.
  6. Rule 65C-28.019 Normalcy. Implements(1)(b)
  7. Rule 65C-30.001 Definitions. Implements
  8. Rule 65C-30.005 Ongoing Family Functioning Assessment. Implements
  9. Rule 65C-30.011 Placement Responsibilities of the Child Welfare Professional. Implements
  10. Rule 65C-43.004 Training for Foster Parents of Safe Foster Homes and Staff of Safe Houses. (1)cites (2)(e)
  11. Rule 65C-43.006 Administrative Actions. (2)cites (2)(c)
  12. Rule 65C-45.002 Parent Preparation Pre-service and Inservice Training for all Levels of Licensure. (3)(a)
  13. Rule 65C-45.003 Foster Home Initial Licensing Requirements for all Levels of Licensure. Implements
  14. Rule 65C-45.004 Summary, Recommendations, and Process for Submission of Initial Licensure. Implements
  15. Rule 65C-45.010 Standards for all Licensed Out-of-Home Caregivers. Implements
  16. Rule 65C-45.011 Supports for all Levels of Licensure. Implements
  17. Rule 65C-45.012 Relicensing requirements for all Levels of Licensure. Implements
  18. Rule 65C-45.0121 Level II Non-Child-Specific Foster Home Relicensing Requirements. Implements
  19. Rule 65C-45.0122 Level III Safe Foster Home for Victims of Human Trafficking Relicensing Requirements. Implements
  20. Rule 65C-45.0123 Level IV Therapeutic Foster Home and Level V Medical Foster Home Relicensing Requirements. Implements
  21. Rule 65C-46.005 Safety, Sanitation, and Food Service Requirements. (5)(e)cites (2)(a)
  22. Rule 65C-46.008 Individual Needs and Rights of Children in Care. (9)

3 CFOPs cite § 409.145

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

  1. CFOP 170-10 Providing Services and Support for Children in Care and for Caregivers p. 19 (3)(a)
  2. CFOP 170-11 Placement p. 36
  3. CFOP 170-15 Federal and State Funding Eligibility p. 14 (3)p. 45p. 49 (3)

Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.

(1) SYSTEM OF CARE. — The department shall develop, implement, and administer a coordinated community-based system of care for children who are found to be dependent and their families. This system of care must be directed toward the following goals:

(a) Prevention of separation of children from their families.

(b) Intervention to allow children to remain safely in their own homes.

(c) Reunification of families who have had children removed from their care.

(d) Safety for children who are separated from their families by providing alternative emergency or longer-term parenting arrangements.

(e) Focus on the well-being of children through emphasis on maintaining educational stability and providing timely health care.

(f) Permanency for children for whom reunification with their families is not possible or is not in the best interest of the child.

(g) The transition to independence and self-sufficiency for older children who remain in foster care through adolescence.

(2) REASONABLE AND PRUDENT PARENT STANDARD. —

(a) Definitions. — As used in this subsection, the term:

1. “Age-appropriate” means an activity or item that is generally accepted as suitable for a child of the same chronological age or level of maturity. Age appropriateness is based on the development of cognitive, emotional, physical, and behavioral capacity which is typical for an age or age group.

2. “Caregiver” means a person with whom the child is placed in out-of-home care, or a designated official for a group care facility licensed by the department under s. 409.175.

3. “Reasonable and prudent parent” standard means the standard of care used by a caregiver in determining whether to allow a child in his or her care to participate in extracurricular, enrichment, and social activities. This standard is characterized by careful and thoughtful parental decisionmaking that is intended to maintain a child’s health, safety, and best interest while encouraging the child’s emotional and developmental growth.

(b) Application of standard of care. —

1. Every child who comes into out-of-home care pursuant to this chapter is entitled to participate in age-appropriate extracurricular, enrichment, and social activities.

2. Each caregiver shall use the reasonable and prudent parent standard in determining whether to give permission for a child living in out-of-home care to participate in extracurricular, enrichment, or social activities. When using the reasonable and prudent parent standard, the caregiver must consider:

a. The child’s age, maturity, and developmental level to maintain the overall health and safety of the child.

b. The potential risk factors and the appropriateness of the extracurricular, enrichment, or social activity.

c. The best interest of the child, based on information known by the caregiver.

d. The importance of encouraging the child’s emotional and developmental growth.

e. The importance of providing the child with the most family-like living experience possible.

f. The behavioral history of the child and the child’s ability to safely participate in the proposed activity.

(c) Verification of services delivered. — The department and each community-based care lead agency shall verify that private agencies providing out-of-home care services to dependent children have policies in place which are consistent with this section and that these agencies promote and protect the ability of dependent children to participate in age-appropriate extracurricular, enrichment, and social activities.

(d) Limitation of liability. — A caregiver is not liable for harm caused to a child who participates in an activity approved by the caregiver, provided that the caregiver has acted in accordance with the reasonable and prudent parent standard. This paragraph may not be interpreted as removing or limiting any existing liability protection afforded by law.

(3) ROOM AND BOARD RATES. —

(a) Effective July 1, 2026, room and board rates shall be paid to foster parents, including relative and nonrelative caregivers who are licensed as a level I child-specific foster placement, and to relative and nonrelative caregivers who are participating in the Relative Caregiver Program and receiving payments pursuant to s. 39.5085(2)(d)1. or 2., as follows:

(b) Each January, foster parents, including relative and nonrelative caregivers who are licensed as a level I child-specific foster placement and relative and nonrelative caregivers who are participating in the Relative Caregiver Program and receiving payments pursuant to s. 39.5085(2)(d)1. or 2., shall receive an annual cost of living increase. The department shall calculate the new room and board rate increase equal to the percentage change in the Consumer Price Index for All Urban Consumers, U.S. City Average, All Items, not seasonally adjusted, or successor reports, for the preceding December compared to the prior December as initially reported by the United States Department of Labor, Bureau of Labor Statistics. The department shall make available the adjusted room and board rates annually.

(c) The amount of the monthly room and board rate may be increased upon agreement among the department, the community-based care lead agency, and the foster parent.

(d) Effective July 1, 2022, community-based care lead agencies providing care under contract with the department shall pay a supplemental room and board payment to foster parents, including relative and nonrelative caregivers who are licensed as a level I child-specific foster placement and relative and nonrelative caregivers who are participating in the Relative Caregiver Program and receiving payments pursuant to s. 39.5085(2)(d)1. or 2., on a per-child basis, for providing independent life skills and normalcy supports to children who are 13 through 17 years of age placed in their care. The supplemental payment must be paid monthly in addition to the current monthly room and board rate payment. The supplemental monthly payment shall be based on 10 percent of the monthly room and board rate for children 13 through 21 years of age as provided under this section and adjusted annually.

(4) CHILD CARE SUBSIDY. — Any foster parents and relative or nonrelative caregivers, regardless of whether the relative or nonrelative caregivers are licensed as a level I child-specific foster placement or participate in the Relative Caregiver Program, who have a child placed in out-of-home care in the home between the age of birth to school entry shall receive a payment of $200 per month per child to pay toward the cost of an early learning or child care program.

(5) RULEMAKING. — The department shall adopt by rule procedures to administer this section.

History. s. 1, ch. 69-268; ss. 19, 35, ch. 69-106; s. 1, ch. 70-255; s. 26, ch. 73-334; s. 3, ch. 76-168; s. 273, ch. 77-147; s. 1, ch. 77-457; s. 4, ch. 78-190; s. 5, ch. 78-433; s. 101, ch. 79-164; s. 1, ch. 80-174; ss. 2, 3, ch. 81-318; ss. 1, 3, 4, ch. 83-250; s. 39, ch. 88-337; ss. 3, 4, ch. 93-115; ss. 46, 55, ch. 94-164; s. 42, ch. 97-103; s. 37, ch. 98-280; s. 77, ch. 2000-139; s. 49, ch. 2000-153; s. 1, ch. 2000-180; s. 9, ch. 2000-217; s. 49, ch. 2001-62; ss. 2, 9, ch. 2002-19; s. 991, ch. 2002-387; s. 7, ch. 2013-178; s. 3, ch. 2015-130; s. 20, ch. 2018-103; s. 76, ch. 2019-3; s. 11, ch. 2020-138; s. 2, ch. 2022-68; s. 8, ch. 2026-236.