Fla. Stat. 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:The services provided comply with all department standards, policies, and procedures;The services can be provided at a reasonable cost; andUnless otherwise provided by law, such providers of shelter and care are licensed by the department.

(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.The department shall work with the Department of Health in the development, use, and monitoring of medical foster homes for medically complex children.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.

(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:With a relative;With an adult nonrelative approved by the court for long-term custody;With a person who is considering the adoption of a child in the manner provided for by law;When limited, except as provided in paragraph (b), to temporary emergency situations, with a responsible adult approved by the court;With a person or family approved by the department to serve as a medical foster home;With a person or agency licensed by the department in accordance with s. 409.175; orIn 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.

(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,

Source: Section 409.165 — Alternate care for children, https://www.­flsenate.­gov/Laws/Statutes/2024/0409.­165 (accessed Aug. 7, 2025).

409.016
Definitions
409.017
Revenue Maximization Act
409.031
State agency for administering social service funds
409.145
Care of children
409.146
Children and families client and management information system
409.147
Florida Children’s Initiatives
409.153
Implementation of Healthy Families Florida program
409.165
Alternate care for children
409.166
Children within the child welfare system
409.167
Statewide adoption exchange
409.175
Licensure of family foster homes, residential child-caring agencies, and child-placing agencies
409.176
Registration of residential child-caring agencies and family foster homes
409.179
Family-friendly workplace initiative
409.212
Optional supplementation
409.221
Consumer-directed care program
409.256
Administrative proceeding to establish paternity or paternity and child support
409.257
Service of process
409.259
Filing fees in Title IV-D cases
409.285
Opportunity for hearing and appeal
409.352
Licensing requirements for physicians, osteopathic physicians, and chiropractic physicians employed by the department
409.401
Interstate Compact on the Placement of Children
409.402
Financial responsibility for child
409.403
Definitions
409.404
Agreements between party state officers and agencies
409.405
Court placement of delinquent children
409.406
Interstate Compact on Adoption and Medical Assistance
409.407
Interstate agreements between the Department of Children and Families and agencies of other states
409.408
Interstate Compact for the Placement of Children
409.409
Effect of existing compact provisions
409.441
Runaway youth programs and centers
409.508
Low-income home energy assistance program
409.509
Definitions
409.1415
Parenting partnerships for children in out-of-home care
409.1451
The Road-to-Independence Program
409.1452
Collaboration with State University System, Florida College System, and Department of Education to assist children and young adults who have been or are in foster care or are experiencing homelessness
409.1454
Motor vehicle insurance and driver licenses for children in care and certified unaccompanied homeless youth
409.1455
Step into Success Workforce Education and Internship Pilot Program for foster youth and former foster youth
409.1464
Responsible Fatherhood Initiative
409.1465
Grants to address the needs of fathers
409.1467
Mentorship for at-risk male students
409.1662
Children within the child welfare system
409.1664
Adoption benefits for qualifying adoptive employees of state agencies, veterans, servicemembers, law enforcement officers, health care practitioners, and tax collector employees
409.1666
Annual adoption achievement awards
409.1676
Comprehensive residential group care services to children who have extraordinary needs
409.1678
Specialized residential options for children who are victims of commercial sexual exploitation
409.1679
Additional requirements
409.1754
Commercial sexual exploitation of children
409.1755
One Church, One Child of Florida Corporation Act
409.1757
Persons not required to be refingerprinted or rescreened
409.2355
Programs for prosecution of males over age 21 who commit certain offenses involving girls under age 16
409.2551
Legislative intent
409.2554
Definitions
409.2557
State agency for administering child support enforcement program
409.2558
Support distribution and disbursement
409.2559
State disbursement unit
409.2561
Support obligations when public assistance is paid
409.2563
Administrative establishment of child support obligations
409.2564
Actions for support
409.2565
Publication of delinquent obligors
409.2567
Services to individuals not otherwise eligible
409.2569
Continuation of support services for recipients of public assistance when benefits are terminated
409.2571
Court and witness fees
409.2572
Cooperation
409.2574
Income deduction enforcement in Title IV-D cases
409.2575
Liens on motor vehicles and vessels
409.2576
State Directory of New Hires
409.2577
Parent locator service
409.2578
Access to employment information
409.2579
Safeguarding Title IV-D case file information
409.2581
Use of clearing accounts and revolving funds
409.2584
Interest on obligations due
409.2594
Record requirements
409.2597
Retention of actions
409.2598
License suspension proceeding to enforce support order
409.2599
Data processing services
409.2673
Shared county and state health care program for low-income persons
409.4101
Rulemaking authority
409.5091
Department responsible for weatherizing agencies
409.5093
Replacement agency
409.14515
Independent living preparation
409.16742
Shared family care residential services program for substance-exposed newborns
409.16791
Ongoing study of commercial sexual exploitation of children
409.25575
Support enforcement
409.25633
Title IV-D Standard Parenting Time Plans
409.25635
Determination and collection of noncovered medical expenses
409.25641
Procedures for processing interstate enforcement requests
409.25656
Garnishment
409.25657
Requirements for financial institutions
409.25658
Use of unclaimed property for past due support
409.25659
Insurance claim data exchange
409.25661
Public records exemption for insurance claim data exchange information
409.25995
State Title IV-D agency
409.25996
Organizations that assist noncustodial parents
409.26731
Certification of local funds as state match for federally funded services

Current through Fall 2025

§ 409.165. Alternate care for children's source at flsenate​.gov