Alternate care for children.§ 409.165
DCF forms citing it: CF-FSP 5313 Plan for Achieving Self-Support (Non-Disabled)
8 opinions cite § 409.165
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L.Y. v. Department of Health & Rehabilitative Services 696 So. 2d 430 · 4D96-2384 · 4th DCA 1997
· cited by 4 in all courts
…Subsection 409.145(3)(b) mandates that the services continue so long as the individual complies with the statutory requirements. Pursuant to subsection 409.165(4)(a), state foster care funds "shall be used to establish a continuum of an array of independent living services to assist adolescent foster children to develop…
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Department of Health & Rehabilitative Services v. Brooke 573 So. 2d 363 · 1D90-2475 · 1st DCA 1991
· cited by 10 in all courts
…Department to "conduct, supervise, and administer a program for dependent children and their families." Additionally, "[w]ithin funds appropriated," section 409.165(1) requires the Department to supervise a program of foster homes, group homes, agency-operated group treatment homes, non-psychiatric residential group care…
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Department of Health & Rehabilitative Services v. Brooke 573 So. 2d 363 · DCA90-2475 · District Court of Appeal 1991
· cited by 14 in all courts
…Department to “conduct, supervise, and administer a program for dependent children and their families.” Additionally, “[wjithin funds appropriated,” section 409.165(1) requires the Department to supervise a program of foster homes, group homes, agency-operated group treatment homes, non-psychiatric residential group care…
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In re D.W.K. 492 So. 2d 1360 · 5DBJ-17 · 5th DCA 1986
· cited by 1 in all courts
…that the majority’s interpretation is consistent with certain statutes — other than section 409.168(2)(d), defining foster care — particularly sections 409.165(1) and (3) (providing for the department’s establishing and licensing of foster homes and other placement centers, and for the placement of children with…
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Russell v. Agency for Persons With Disabilities 929 So. 2d 601 · 1D05-5150 · 1st DCA 2006
· cited by 3 in all courts
…provided under this statute do not address the needs of children with developmental disabilities, like Amber. See § 409.1451(4). Further, while section 409.165(1) requires DCF to provide psychiatric residential treatment facilities "within funds appropriated," other than Amber's Baker Act commitments, which did not…
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Lofton v. Secretary of the Department of Children & Family Services 358 F.3d 804 · CA11-01-16723-2 · 11th Cir. 2004
· cited by 184 in all courts
Eleventh Circuit upheld Florida's ban on adoption by practicing homosexuals against due process and equal protection challenges by foster and guardian caregivers.
…fourteen years of age, Fla. Stat. § 39.623 (1), and DCF may remove a foster child anytime that it believes it to be in the child’s best interests, id. § 409.165(3)(f). Similarly, legal guardians in Florida are subject to ongoing judicial oversight, in-eluding the duty to file annual guardianship reports and annual review by…
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T.S. v. State 464 So. 2d 677 · 5D84-552 · 5th DCA 1985
…child's basic and special medical needs were being provided at public expense in the custody and care of persons approved, supervised and paid by HRS. See § 409.165 and 409.175, Fla. Stat. [5] Birth Education Training and Acceptance, an independent service agency providing parenting education. [6] See §…
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In the Interest of T.S. v. Department of Health & Rehabilitative Services 464 So. 2d 677 · DCA84-552 · District Court of Appeal 1985
· cited by 14 in all courts
…child’s basic and special medical needs were being provided at public expense in the custody and care of persons approved, supervised and paid by HRS. See § 409.165 and 409.175, Fla.Stat. . Birth Education Training and Acceptance, an independent service agency providing parenting education. . See §…
No opinion cites this provision by number.
4 admin code rules cite § 409.165
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.
- Rule 65C-15.002 Licensed Child-Placing Agencies. Implements
- Rule 65C-28.001 Definitions. Implements
- Rule 65C-28.008 Relative Caregiver Program Requirements. (2)(g)1.
- Rule 65C-30.001 Definitions. Implements
No admin code rule cites this provision.
1 CFOP cite § 409.165
How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.
- CFOP 170-10 Providing Services and Support for Children in Care and for Caregivers p. 19 (2)
No CFOP cites this provision.
Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.
(1) Within funds appropriated, the department shall establish and supervise a program of emergency shelters, runaway shelters, foster homes, group homes, agency-operated group treatment homes, nonpsychiatric residential group care facilities, psychiatric residential treatment facilities, and other appropriate facilities to provide shelter and care for dependent children who must be placed away from their families. The department, in accordance with outcome goals established in s. 409.986, shall contract for the provision of such shelter and care by counties, municipalities, nonprofit corporations, and other entities capable of providing needed services if:
(a) The services provided comply with all department standards, policies, and procedures;
(b) The services can be provided at a reasonable cost; and
(c) Unless otherwise provided by law, such providers of shelter and care are licensed by the department.
(2) Funds appropriated for the alternate care of children as described in this section may be used to meet the needs of children in their own homes or those of relatives if the children can be safely served in such settings and the expenditure of funds in such manner is equal to or less than the cost of out-of-home placement.
(3) The department shall cooperate with all child service institutions or agencies within the state which meet the department’s standards in order to maintain a comprehensive, coordinated, and inclusive system for promoting and protecting the well-being of children, consistent with the goals established in s. 409.986.
(a) The department shall work with the Department of Health in the development, use, and monitoring of medical foster homes for medically complex children.
(b) The department shall collaborate with all relevant state and local agencies to provide such supports and services as may be necessary to maintain medically complex children in the least restrictive and most nurturing environment.
(4) With the written consent of parents, custodians, or guardians, or in accordance with those provisions in chapter 39 that relate to dependent children, the department, under rules properly adopted, may place a child:
(a) With a relative;
(b) With an adult nonrelative approved by the court for long-term custody;
(c) With a person who is considering the adoption of a child in the manner provided for by law;
(d) When limited, except as provided in paragraph (b), to temporary emergency situations, with a responsible adult approved by the court;
(e) With a person or family approved by the department to serve as a medical foster home;
(f) With a person or agency licensed by the department in accordance with s. 409.175; or
(g) In a subsidized independent living situation,
under such conditions as are determined to be for the best interests or the welfare of the child. Any child placed in an institution or in a family home by the department or its agency may be removed by the department or its agency, and such other disposition may be made as is for the best interest of the child, including transfer of the child to another institution, another home, or the home of the child. Expenditure of funds appropriated for out-of-home care can be used to meet the needs of a child in the child’s own home or the home of a relative if the child can be safely served in the child’s own home or that of a relative if placement can be avoided by the expenditure of such funds, and if the expenditure of such funds in this manner is equal to or less than the cost of out-of-home placement.
History. s. 1, ch. 69-268; ss. 19, 35, ch. 69-106; s. 1, ch. 70-255; s. 3, ch. 76-168; s. 275, ch. 77-147; s. 1, ch. 77-457; s. 6, ch. 78-433; s. 102, ch. 79-164; ss. 2, 3, ch. 81-318; ss. 2, 3, 4, ch. 83-250; s. 40, ch. 88-337; s. 4, ch. 91-183; ss. 3, 4, ch. 93-115; ss. 48, 53, ch. 94-164; ss. 4, 9, ch. 2002-19; s. 49, ch. 2006-1; s. 26, ch. 2014-224; s. 31, ch. 2021-51.