Florida Statutes 39.01375 – Best interest determination for placement
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 39.01375
- abandonment: means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution to the child's care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both. See Florida Statutes 39.01
- Abuse: means any willful act or threatened act that results in any physical, mental, or sexual abuse, injury, or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. See Florida Statutes 39.01
- Caregiver: means the parent, legal custodian, permanent guardian, adult household member, or other person responsible for a child's welfare as defined in subsection (54). See Florida Statutes 39.01
- Department: means the Department of Children and Families. See Florida Statutes 39.01
- Out-of-home: means a placement outside of the home of the parents or a parent. See Florida Statutes 39.01
- Relative: means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. See Florida Statutes 39.01
- Sibling: means :(a) A child who shares a birth parent or legal parent with one or more other children; or(b) A child who has lived together in a family with one or more other children whom he or she identifies as siblings. See Florida Statutes 39.01The department, community-based care lead agency, or court shall consider all of the following factors when determining whether a proposed placement under this chapter is in the child’s best interest:(1) The child’s age.(2) The physical, mental, and emotional health benefits to the child by remaining in his or her current placement or moving to the proposed placement.(3) The stability and longevity of the child’s current placement.(4) The established bonded relationship between the child and the current or proposed caregiver.(5) The reasonable preference of the child, if the child is of a sufficient age and capacity to express a preference.(6) The recommendation of the child’s current caregiver, if applicable.(7) The recommendation of the child’s guardian ad litem, if one has been appointed.(8) The child’s previous and current relationship with a sibling and if the change of legal or physical custody or placement will separate or reunite siblings, evaluated in accordance with s. 39.4024.(9) The likelihood of the child attaining permanency in the current or proposed placement.(10) The likelihood the child will be required to change schools or child care placement, the impact of such change on the child, and the parties’ recommendations as to the timing of the change, including an education transition plan required under s. 39.4023.(11) The child’s receipt of medical, behavioral health, dental, or other treatment services in the current placement; the availability of such services and the degree to which they meet the child’s needs; and whether the child will be able to continue to receive services from the same providers and the relative importance of such continuity of care.(12) The allegations of any abuse, abandonment, or neglect, including sexual abuse and human trafficking history, which caused the child to be placed in out-of-home care and any history of additional allegations of abuse, abandonment, or neglect.(13) The likely impact on activities that are important to the child and the ability of the child to continue such activities in the proposed placement.(14) The likely impact on the child’s access to education, Medicaid, and independent living benefits if moved to the proposed placement.(15) Any other relevant factor.