Florida Senate - 2026 SB 516
By Senator Jones
34-00221A-26 2026516__
1 A bill to be entitled
2 An act relating to domestic violence centers; amending
3 s. 39.521, F.S.; prohibiting the Department of
4 Children and Families from deeming the results of a
5 home study unfavorable under certain circumstances;
6 prohibiting the removal of a child from certain
7 placement due to the child and his or her custodian or
8 parent temporarily residing in a certified domestic
9 violence center if certain requirements are met;
10 prohibiting a court from making a certain finding
11 solely due to a parent temporarily residing in a
12 certified domestic violence center; amending s.
13 39.522, F.S.; providing that a child and his or her
14 caregiver temporarily residing in a certified domestic
15 violence center does not rebut a certain presumption
16 if certain requirements are met; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraph (o) of subsection (2) and paragraph
22 (b) of subsection (3) of section 39.521, Florida Statutes, are
23 amended to read:
24 39.521 Disposition hearings; powers of disposition.—
25 (2) The family functioning assessment must provide the
26 court with the following documented information:
27 (o) If the child has been removed from the home and will be
28 remaining with a relative, parent, or other adult approved by
29 the court, a home study report concerning the proposed placement
30 shall be provided to the court. Before recommending to the court
31 any out-of-home placement for a child other than placement in a
32 licensed shelter or foster home, the department shall conduct a
33 study of the home of the proposed legal custodians, which must
34 include, at a minimum:
35 1. An interview with the proposed legal custodians to
36 assess their ongoing commitment and ability to care for the
37 child.
38 2. Records checks through the State Automated Child Welfare
39 Information System (SACWIS), and local and statewide criminal
40 and juvenile records checks through the Department of Law
41 Enforcement, on all household members 12 years of age or older.
42 In addition, the fingerprints of any household members who are
43 18 years of age or older may be submitted to the Department of
44 Law Enforcement for processing and forwarding to the Federal
45 Bureau of Investigation for state and national criminal history
46 information. The department has the discretion to request State
47 Automated Child Welfare Information System (SACWIS) and local,
48 statewide, and national criminal history checks and
49 fingerprinting of any other visitor to the home who is made
50 known to the department. Out-of-state criminal records checks
51 must be initiated for any individual who has resided in a state
52 other than Florida if that state’s laws allow the release of
53 these records. The out-of-state criminal records must be filed
54 with the court within 5 days after receipt by the department or
55 its agent.
56 3. An assessment of the physical environment of the home.
57 4. A determination of the financial security of the
58 proposed legal custodians.
59 5. A determination of suitable child care arrangements if
60 the proposed legal custodians are employed outside of the home.
61 6. Documentation of counseling and information provided to
62 the proposed legal custodians regarding the dependency process
63 and possible outcomes.
64 7. Documentation that information regarding support
65 services available in the community has been provided to the
66 proposed legal custodians.
67 8. The reasonable preference of the child, if the court
68 deems the child to be of sufficient intelligence, understanding,
69 and experience to express a preference.
70
71 The department may not place the child or continue the placement
72 of the child in a home under shelter or postdisposition
73 placement if the results of the home study are unfavorable,
74 unless the court finds that this placement is in the child’s
75 best interest. The results of a home study may not be deemed
76 unfavorable solely due to the potential custodian temporarily
77 residing in a certified domestic violence center. A child may
78 not be removed from such placement due to the custodian and
79 child temporarily residing in a certified domestic violence
80 center instead of the physical environment that was assessed in
81 the home study if the custodian notifies the department within
82 24 hours after taking shelter in the domestic violence center
83 and the domestic violence center administration affirms in an
84 affidavit that the placement remains appropriate and protective.
85
86 Any other relevant and material evidence, including other
87 written or oral reports, may be received by the court in its
88 effort to determine the action to be taken with regard to the
89 child and may be relied upon to the extent of its probative
90 value, even though not competent in an adjudicatory hearing.
91 Except as otherwise specifically provided, nothing in this
92 section prohibits the publication of proceedings in a hearing.
93 (3) When any child is adjudicated by a court to be
94 dependent, the court shall determine the appropriate placement
95 for the child as follows:
96 (b) If there is a parent with whom the child was not
97 residing at the time the events or conditions arose that brought
98 the child within the jurisdiction of the court who desires to
99 assume custody of the child, the court shall place the child
100 with that parent upon completion of a home study, unless the
101 court finds that such placement would endanger the safety, well
102 being, or physical, mental, or emotional health of the child.
103 The court may not find that such placement would endanger the
104 safety, well-being, or physical, mental, or emotional health of
105 the child solely due to the parent temporarily residing in a
106 certified domestic violence center. Any party with knowledge of
107 the facts may present to the court evidence regarding whether
108 the placement will endanger the safety, well-being, or physical,
109 mental, or emotional health of the child.
110 1. If the court places the child with such parent, it may
111 do either of the following:
112 a.1. Order that the parent assume sole custodial
113 responsibilities for the child. The court may also provide for
114 reasonable visitation by the noncustodial parent. The court may
115 then terminate its jurisdiction over the child.
116 b.2. Order that the parent assume custody subject to the
117 jurisdiction of the circuit court hearing dependency matters.
118 The court may order that reunification services be provided to
119 the parent from whom the child has been removed, that services
120 be provided solely to the parent who is assuming physical
121 custody in order to allow that parent to retain later custody
122 without court jurisdiction, or that services be provided to both
123 parents, in which case the court shall determine at every review
124 hearing which parent, if either, shall have custody of the
125 child. The standard for changing custody of the child from one
126 parent to another or to a relative or another adult approved by
127 the court shall be the best interest of the child.
128 2. The court may not remove the child from placement with
129 the parent due to the parent and the child temporarily residing
130 in a certified domestic violence center instead of the physical
131 environment that was assessed in the home study if the parent
132 notifies the department within 24 hours after taking shelter in
133 the domestic violence center and the domestic violence center
134 administration affirms in an affidavit that the placement
135 remains appropriate and protective.
136
137 Protective supervision continues until the court terminates it
138 or until the child reaches the age of 18, whichever date is
139 first. Protective supervision shall be terminated by the court
140 whenever the court determines that permanency has been achieved
141 for the child, whether with a parent, another relative, or a
142 legal custodian, and that protective supervision is no longer
143 needed. The termination of supervision may be with or without
144 retaining jurisdiction, at the court’s discretion, and shall in
145 either case be considered a permanency option for the child. The
146 order terminating supervision by the department shall set forth
147 the powers of the custodian of the child and shall include the
148 powers ordinarily granted to a guardian of the person of a minor
149 unless otherwise specified. Upon the court’s termination of
150 supervision by the department, no further judicial reviews are
151 required, so long as permanency has been established for the
152 child.
153 Section 2. Paragraph (b) of subsection (3) of section
154 39.522, Florida Statutes, is amended to read:
155 39.522 Postdisposition change of custody.—
156 (3)
157 (b)1. In a hearing on the change of physical custody under
158 this section, there shall be a rebuttable presumption that it is
159 in the child’s best interest to remain permanently in his or her
160 current physical placement if:
161 a. The child has been in the same safe and stable placement
162 for 9 consecutive months or more;
163 b. Reunification is not a permanency option for the child;
164 c. The caregiver is able, willing, and eligible for
165 consideration as an adoptive parent or permanent custodian for
166 the child;
167 d. The caregiver is not requesting the change in physical
168 placement; and
169 e. The change in physical placement being sought is not to
170 reunify the child with his or her parent or sibling or
171 transition the child from a safe and stable nonrelative
172 caregiver to a safe and stable relative caregiver.
173 2. In order to rebut the presumption established in this
174 paragraph, the court shall hold an evidentiary hearing on the
175 change in physical custody to determine if the change in
176 placement is in the best interest of the child. As part of the
177 evidentiary hearing, the court must consider competent and
178 substantial evidence and testimony related to the factors
179 enumerated in s. 39.01375 and any other evidence deemed relevant
180 to a determination of placement, including evidence from a
181 court-selected neutral and independent licensed professional
182 with expertise in the science and research of child-parent
183 bonding.
184 3. This presumption may not be rebutted solely by the
185 expressed wishes of a biological parent, a biological relative,
186 or a caregiver of a sibling of the child.
187 4. A child temporarily residing with his or her caregiver
188 in a certified domestic violence center does not rebut the
189 presumption established in this paragraph if the caregiver
190 notifies the department within 24 hours after taking shelter in
191 the domestic violence center and the domestic violence center
192 administration affirms in an affidavit that the placement
193 remains appropriate and protective.
194 Section 3. This act shall take effect July 1, 2026.