Placement of Child in Certified Domestic Violence Center

HB 435 2026

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A bill to be entitled 1
An act relating to placement of a child in a certified 2
domestic violence center; amending s. 39.01, F.S.; 3
revising the definition of the term "shelter"; 4
amending s. 39.4021, F.S.; providing that a certified 5
domestic violence center may be considered a placement 6
priority for a child; amending s. 39.521, F.S.; 7
providing that the Department of Children and Families 8
does not have to provide a home study to the court if 9
placing a child in a certified domestic violence 10
center; authorizing the court to place a child and his 11
or her proposed legal custodian in a certified 12
domestic violence center under certain circumstances; 13
amending s. 63.092, F.S.; providing that placement of 14
a minor in a certified domestic violence center 15
constitutes an at-risk placement; authorizing a 16
certified domestic violence center to serve as a 17
temporary legal residence for a minor; waiving 18
preliminary home study requirements under certain 19
circumstances; providing that the department is not 20
required to conduct an in-person home study of the 21
certified domestic violence center under certain 22
circumstances; providing construction; prohibiting the 23
department from compelling a minor to return to a 24
previously approved residence if certain conditions 25

HB 435 2026

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are met; requiring the court to consider the totality 26
of the circumstances and not make certain assumptions; 27
providing an effective date. 28
29
Be It Enacted by the Legislature of the State of Florida: 30
31
Section 1. Subsection (81) of section 39.01, Florida 32
Statutes, is amended to read: 33
39.01 Definitions.—When used in this chapter, unless the 34
context otherwise requires: 35
(81) "Shelter" means a placement with a relative or a 36
nonrelative, or in a licensed home or facility, or in a domestic 37
violence center certified under part XII of this chapter for the 38
temporary care of a child who is alleged to be or who has been 39
found to be dependent, pending court disposition before or after 40
adjudication. 41
Section 2. Paragraph (a) of subsection (2) of section 42
39.4021, Florida Statutes, is amended to read: 43
39.4021 Priority placement for out-of-home placements.— 44
(2) PLACEMENT PRIORITY.— 45
(a) When a child cannot safely remain at home with a 46
parent, out-of-home placement options must be considered in the 47
following order: 48
1. Nonoffending parent. 49
2. Relative caregiver. 50

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3. Adoptive parent of the child's sibling, when the 51
department or community-based care lead agency is aware of such 52
sibling. 53
4. Fictive kin with a close existing relationship to the 54
child. 55
5. Nonrelative caregiver that does not have an existing 56
relationship with the child. 57
6. Licensed foster care. 58
7. Group or congregate care. 59
8. A domestic violence center certified under part XII of 60
this chapter. 61
Section 3. Paragraph (o) of subsection (2) and subsection 62
(3) of section 39.521, Florida Statutes, are amended to read: 63
39.521 Disposition hearings; powers of disposition.— 64
(2) The family functioning assessment must provide the 65
court with the following documented information: 66
(o) If the child has been removed from the home and will 67
be remaining with a relative, parent, or other adult approved by 68
the court, a home study report concerning the proposed placement 69
must shall be provided to the court. Before recommending to the 70
court any out-of-home placement for a child other than placement 71
in a licensed shelter or foster home or domestic violence center 72
certified under part XII of this chapter, the department shall 73
conduct a study of the home of the proposed legal custodians, 74
which must include, at a minimum: 75

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1. An interview with the proposed legal custodians to 76
assess their ongoing commitment and ability to care for the 77
child. 78
2. Records checks through the State Automated Child 79
Welfare Information System (SACWIS), and local and statewide 80
criminal and juvenile records checks through the Department of 81
Law Enforcement, on all household members 12 years of age or 82
older. In addition, the fingerprints of any household members 83
who are 18 years of age or older may be submitted to the 84
Department of Law Enforcement for processing and forwarding to 85
the Federal Bureau of Investigation for state and national 86
criminal history information. The department has the discretion 87
to request State Automated Child Welfare Information System 88
(SACWIS) and local, statewide, and national criminal history 89
checks and fingerprinting of any other visitor to the home who 90
is made known to the department. Out-of-state criminal records 91
checks must be initiated for any individual who has resided in a 92
state other than Florida if that state's laws allow the release 93
of these records. The out-of-state criminal records must be 94
filed with the court within 5 days after receipt by the 95
department or its agent. 96
3. An assessment of the physical environment of the home. 97
4. A determination of the financial security of the 98
proposed legal custodians. 99
5. A determination of suitable child care arrangements if 100

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the proposed legal custodians are employed outside of the home. 101
6. Documentation of counseling and information provided to 102
the proposed legal custodians regarding the dependency process 103
and possible outcomes. 104
7. Documentation that information regarding support 105
services available in the community has been provided to the 106
proposed legal custodians. 107
8. The reasonable preference of the child, if the court 108
deems the child to be of sufficient intelligence, understanding, 109
and experience to express a preference. 110
111
The department may not place the child or continue the placement 112
of the child in a home under shelter or postdisposition 113
placement if the results of the home study are unfavorable, 114
unless the court finds that this placement is in the child's 115
best interest. 116
117
Any other relevant and material evidence, including other 118
written or oral reports, may be received by the court in its 119
effort to determine the action to be taken with regard to the 120
child and may be relied upon to the extent of its probative 121
value, even though not competent in an adjudicatory hearing. 122
Except as otherwise specifically provided, nothing in this 123
section prohibits the publication of proceedings in a hearing. 124
(3) When any child is adjudicated by a court to be 125

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dependent, the court shall determine the appropriate placement 126
for the child as follows: 127
(a) If the court determines that the child can safely 128
remain in the home with the parent with whom the child was 129
residing at the time the events or conditions arose that brought 130
the child within the jurisdiction of the court and that 131
remaining in this home is in the best interest of the child, 132
then the court shall order conditions under which the child may 133
remain or return to the home and that this placement be under 134
the protective supervision of the department for not less than 6 135
months. 136
(b) If there is a parent with whom the child was not 137
residing at the time the events or conditions arose that brought 138
the child within the jurisdiction of the court who desires to 139
assume custody of the child, the court shall place the child 140
with that parent upon completion of a home study, unless the 141
court finds that such placement would endanger the safety, well-142
being, or physical, mental, or emotional health of the child. 143
Any party with knowledge of the facts may present to the court 144
evidence regarding whether the placement will endanger the 145
safety, well-being, or physical, mental, or emotional health of 146
the child. If the court places the child with such parent, it 147
may do either of the following: 148
1. Order that the parent assume sole custodial 149
responsibilities for the child. The court may also provide for 150

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reasonable visitation by the noncustodial parent. The court may 151
then terminate its jurisdiction over the child. 152
2. Order that the parent assume custody subject to the 153
jurisdiction of the circuit court hearing dependency matters. 154
The court may order that reunification services be provided to 155
the parent from whom the child has been removed, that services 156
be provided solely to the parent who is assuming physical 157
custody in order to allow that parent to retain later custody 158
without court jurisdiction, or that services be provided to both 159
parents, in which case the court shall determine at every review 160
hearing which parent, if either, shall have custody of the 161
child. The standard for changing custody of the child from one 162
parent to another or to a relative or another adult approved by 163
the court shall be the best interest of the child. 164
(c) If the court determines that the child can safely 165
remain with a parent, relative, or other adult approved by the 166
court but that it is not safe for the child to reside in the 167
same home as the child was residing at the time the events or 168
conditions arose that brought the child within the jurisdiction 169
of the court, the court may place the child and parent, 170
relative, or other adult approved by the court in a domestic 171
violence center certified under part XII of this chapter if all 172
of the following conditions are met: 173
1. The parent, relative, or other adult approved by the 174
court is fleeing domestic violence. 175

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2. The domestic violence center is certified and meets the 176
licensing standards of part XII of this chapter. 177
3. The department is notified within 24 hours after 178
placement of the child in a certified domestic violence center. 179
4. The certified domestic violence center coordinates with 180
the department to provide necessary updates to the department 181
and to coordinate access to the child for case management 182
purposes. 183
(d)(c) If no fit parent is willing or available to assume 184
care and custody of the child, place the child in the temporary 185
legal custody of an adult relative, the adoptive parent of the 186
child's sibling, or another adult approved by the court who is 187
willing to care for the child, under the protective supervision 188
of the department. The department must supervise this placement 189
until the child reaches permanency status in this home, and in 190
no case for a period of less than 6 months. Permanency in a 191
relative placement shall be by adoption, long-term custody, or 192
guardianship. 193
(e)(d) If the child cannot be safely placed in a 194
nonlicensed placement, the court shall commit the child to the 195
temporary legal custody of the department. Such commitment 196
invests in the department all rights and responsibilities of a 197
legal custodian. The department shall not return any child to 198
the physical care and custody of the person from whom the child 199
was removed, except for court-approved visitation periods, 200

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without the approval of the court. Any order for visitation or 201
other contact must conform to the provisions of s. 39.0139. The 202
term of such commitment continues until terminated by the court 203
or until the child reaches the age of 18. After the child is 204
committed to the temporary legal custody of the department, all 205
further proceedings under this section are governed by this 206
chapter. 207
208
Protective supervision continues until the court terminates it 209
or until the child reaches the age of 18, whichever date is 210
first. Protective supervision shall be terminated by the court 211
whenever the court determines that permanency has been achieved 212
for the child, whether with a parent, another relative, or a 213
legal custodian, and that protective supervision is no longer 214
needed. The termination of supervision may be with or without 215
retaining jurisdiction, at the court's discretion, and shall in 216
either case be considered a permanency option for the child. The 217
order terminating supervision by the department shall set forth 218
the powers of the custodian of the child and shall include the 219
powers ordinarily granted to a guardian of the person of a minor 220
unless otherwise specified. Upon the court's termination of 221
supervision by the department, no further judicial reviews are 222
required, so long as permanency has been established for the 223
child. 224
Section 4. Subsection (2) of section 63.092, Florida 225

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Statutes, is amended and subsection (4) is added to that 226
section, to read: 227
63.092 Report to the court of intended placement by an 228
adoption entity; at-risk placement; preliminary study.— 229
(2) AT-RISK PLACEMENT.—If the minor is placed in the 230
prospective adoptive home or in a certified domestic violence 231
center before the parental rights of the minor's parents are 232
terminated under s. 63.089, the placement is an at-risk 233
placement. If the placement is an at-risk placement in a 234
prospective adoptive home, the prospective adoptive parents must 235
acknowledge in writing before the minor may be placed in the 236
prospective adoptive home that the placement is at risk. The 237
prospective adoptive parents must shall be advised by the 238
adoption entity, in writing, that the minor is subject to 239
removal from the prospective adoptive home by the adoption 240
entity or by court order at any time before prior to the 241
finalization of the adoption. 242
(4) DOMESTIC VIOLENCE EMERGENCIES.— 243
(a) In an emergency domestic violence situation, a 244
domestic violence center certified under part XII of chapter 39 245
may serve as a temporary legal residence for a minor. The 246
preliminary home study required under subsection (3) is 247
temporarily waived as long as all of the following conditions 248
are met: 249
1. A preliminary home study of the certified domestic 250

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violence center is initiated within 15 business days after the 251
minor begins residing at such center. 252
2. The minor's placement at the certified domestic 253
violence center is documented as an at-risk placement under 254
subsection (2). 255
3. Final approval of the minor's placement is completed 256
within 30 days after the minor begins residing at the certified 257
domestic violence center. 258
(b)1. The department is not required to conduct an in-259
person home study of the certified domestic violence center and 260
instead may: 261
a. Rely on the certification of the domestic violence 262
center as a measure for baseline safety compliance; or 263
b. Accept a signed affidavit from the board of directors 264
of the certified domestic violence center verifying appropriate 265
living conditions for and supervision of the minor within such 266
center. 267
2. Compliance with subparagraph 1. constitutes a modified 268
safety assessment and satisfies all statutory requirements for 269
safety assessments. 270
(c) The existence of an approved preliminary home study 271
does not, by itself, constitute grounds for overriding the 272
placement of a minor in a certified domestic violence center. 273
The department may not compel a minor to return to a previously 274
approved residence if all of the following occur: 275

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1. The parent, relative, or other adult with which the 276
court approved the minor to be placed is fleeing domestic 277
violence. 278
2. The domestic violence center is certified and meets the 279
licensing standards of part XII of chapter 39. 280
3. The board of directors of the certified domestic 281
violence center affirms that placement of the minor within the 282
care of such center is appropriate. 283
(d) The court shall consider the totality of the 284
circumstances, including any risk of harm to the minor, and may 285
not presume that a previously approved home is preferable solely 286
because it received a favorable preliminary home study. 287
Section 5. This act shall take effect upon becoming a law. 288