Florida Statutes
Fla. Stat. § 409.165 (2025)
Alternate care for children.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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409.165 Alternate care for children.—
(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.
Notes of Decisions
Cited in 8
cases, 1980–2006 · leading case: Ly v. Dept. of Health & Rehab., 696 So. 2d 430 (Fla. 4th DCA 1997).
Ly v. Dept. of Health & Rehab., 696 So. 2d 430 (Fla. 4th DCA 1997). “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 skills that will contribute to a successful transition to adulthood.”
State, Dept. of Health & Rehab. Servs. v. Brooke, 573 So. 2d 363 (Fla. 1st DCA 1991). “" 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 facilities, psychiatric residential treatment facilities,…”
State, Dep't of Health & Rehabilitative Servs. v. Brooke, 573 So. 2d 363 (Fla. 1st DCA 1991). “” 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 facilities, psychiatric residential treatment facilities,…”
Russell v. Agency for Persons With Disabilities, 929 So. 2d 601 (Fla. 1st DCA 2006). “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 address Amber's developmental disabilities, the record reflects no evidence that services…”
Occean v. Kearney, 123 F. Supp. 2d 618 (S.D. Fla. 2000). “Plaintiff further alleges that once he turned eighteen he was entitled to the benefits until the age of twenty-one, that Defendants provided Plaintiff a plan calling for him to remain in foster care through May 31, 1999, and that Defendants violated the juvenile court judge’s…”
In the Interest of T.S. v. State, Dep't of Health & Rehabilitative Servs., 464 So. 2d 677 (Fla. 5th DCA 1985). “See § 409.165 and 409.175, Fla.Stat. . Birth Education Training and Acceptance, an independent service agency providing parenting education.”
Gulvin v. Comm'r, 40 T.C.M. 126 (Tax Ct. 1980). “165 is the only section in chapter 409, Florida Statutes , which mentions foster home care for children.”
Ts v. State, Dept. of Hlt. & Rehab., 464 So. 2d 677 (Fla. 5th DCA 1985). “See § 409.165 and 409.175, Fla. Stat. [5] Birth Education Training and Acceptance, an independent service agency providing parenting education.”
— 409.165(1) — 3 cases
State, Dept. of Health & Rehab. Servs. v. Brooke, 573 So. 2d 363 (Fla. 1st DCA 1991). “" 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 facilities, psychiatric residential treatment facilities,…”
State, Dep't of Health & Rehabilitative Servs. v. Brooke, 573 So. 2d 363 (Fla. 1st DCA 1991). “” 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 facilities, psychiatric residential treatment facilities,…”
Russell v. Agency for Persons With Disabilities, 929 So. 2d 601 (Fla. 1st DCA 2006). “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 address Amber's developmental disabilities, the record reflects no evidence that services…”
— 409.165(4) — 1 case
Occean v. Kearney, 123 F. Supp. 2d 618 (S.D. Fla. 2000). “Plaintiff further alleges that once he turned eighteen he was entitled to the benefits until the age of twenty-one, that Defendants provided Plaintiff a plan calling for him to remain in foster care through May 31, 1999, and that Defendants violated the juvenile court judge’s…”
— 409.165(4)(a) — 1 case
Ly v. Dept. of Health & Rehab., 696 So. 2d 430 (Fla. 4th DCA 1997). “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 skills that will contribute to a successful transition to adulthood.”
— 409.165(4)(b) — 1 case
Ly v. Dept. of Health & Rehab., 696 So. 2d 430 (Fla. 4th DCA 1997). “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 skills that will contribute to a successful transition to adulthood.”
— 409.165(4)(c) — 1 case
Ly v. Dept. of Health & Rehab., 696 So. 2d 430 (Fla. 4th DCA 1997). “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 skills that will contribute to a successful transition to adulthood.”
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