Florida Statutes
Part I - Social and Economic Assistance (Ss. 409.016-409.5093)
409.145 - Care of children; “reasonable and prudent parent” standard.


(1) SYSTEM OF CARE.—The department shall develop, implement, and administer a coordinated community-based system of care for children who are found to be dependent and their families. This system of care must be directed toward the following goals:
(a) Prevention of separation of children from their families.
(b) Intervention to allow children to remain safely in their own homes.
(c) Reunification of families who have had children removed from their care.
(d) Safety for children who are separated from their families by providing alternative emergency or longer-term parenting arrangements.
(e) Focus on the well-being of children through emphasis on maintaining educational stability and providing timely health care.
(f) Permanency for children for whom reunification with their families is not possible or is not in the best interest of the child.
(g) The transition to independence and self-sufficiency for older children who remain in foster care through adolescence.

(2) REASONABLE AND PRUDENT PARENT STANDARD.—
(a) Definitions.—As used in this subsection, the term:
1. “Age-appropriate” means an activity or item that is generally accepted as suitable for a child of the same chronological age or level of maturity. Age appropriateness is based on the development of cognitive, emotional, physical, and behavioral capacity which is typical for an age or age group.
2. “Caregiver” means a person with whom the child is placed in out-of-home care, or a designated official for a group care facility licensed by the department under s. 409.175.
3. “Reasonable and prudent parent” standard means the standard of care used by a caregiver in determining whether to allow a child in his or her care to participate in extracurricular, enrichment, and social activities. This standard is characterized by careful and thoughtful parental decisionmaking that is intended to maintain a child’s health, safety, and best interest while encouraging the child’s emotional and developmental growth.

(b) Application of standard of care.—
1. Every child who comes into out-of-home care pursuant to this chapter is entitled to participate in age-appropriate extracurricular, enrichment, and social activities.
2. Each caregiver shall use the reasonable and prudent parent standard in determining whether to give permission for a child living in out-of-home care to participate in extracurricular, enrichment, or social activities. When using the reasonable and prudent parent standard, the caregiver must consider:
a. The child’s age, maturity, and developmental level to maintain the overall health and safety of the child.
b. The potential risk factors and the appropriateness of the extracurricular, enrichment, or social activity.
c. The best interest of the child, based on information known by the caregiver.
d. The importance of encouraging the child’s emotional and developmental growth.
e. The importance of providing the child with the most family-like living experience possible.
f. The behavioral history of the child and the child’s ability to safely participate in the proposed activity.


(c) Verification of services delivered.—The department and each community-based care lead agency shall verify that private agencies providing out-of-home care services to dependent children have policies in place which are consistent with this section and that these agencies promote and protect the ability of dependent children to participate in age-appropriate extracurricular, enrichment, and social activities.
(d) Limitation of liability.—A caregiver is not liable for harm caused to a child who participates in an activity approved by the caregiver, provided that the caregiver has acted in accordance with the reasonable and prudent parent standard. This paragraph may not be interpreted as removing or limiting any existing liability protection afforded by law.

(3) ROOM AND BOARD RATES.—
(a) Effective July 1, 2022, room and board rates shall be paid to foster parents, including relative and nonrelative caregivers who are licensed as a level I child-specific foster placement, and to relative and nonrelative caregivers who are participating in the Relative Caregiver Program and receiving payments pursuant to s. 39.5085(2)(d)1. or 2., as follows:
Monthly Room and Board Rate
0-5 YearsAge
6-12 YearsAge
13-21 YearsAge
$517.94
$531.21
$621.77

(b) Each January, foster parents, including relative and nonrelative caregivers who are licensed as a level I child-specific foster placement and relative and nonrelative caregivers who are participating in the Relative Caregiver Program and receiving payments pursuant to s. 39.5085(2)(d)1. or 2., shall receive an annual cost of living increase. The department shall calculate the new room and board rate increase equal to the percentage change in the Consumer Price Index for All Urban Consumers, U.S. City Average, All Items, not seasonally adjusted, or successor reports, for the preceding December compared to the prior December as initially reported by the United States Department of Labor, Bureau of Labor Statistics. The department shall make available the adjusted room and board rates annually.
(c) The amount of the monthly room and board rate may be increased upon agreement among the department, the community-based care lead agency, and the foster parent.
(d) Effective July 1, 2022, community-based care lead agencies providing care under contract with the department shall pay a supplemental room and board payment to foster parents, including relative and nonrelative caregivers who are licensed as a level I child-specific foster placement and relative and nonrelative caregivers who are participating in the Relative Caregiver Program and receiving payments pursuant to s. 39.5085(2)(d)1. or 2., on a per-child basis, for providing independent life skills and normalcy supports to children who are 13 through 17 years of age placed in their care. The supplemental payment must be paid monthly in addition to the current monthly room and board rate payment. The supplemental monthly payment shall be based on 10 percent of the monthly room and board rate for children 13 through 21 years of age as provided under this section and adjusted annually.

(4) CHILD CARE SUBSIDY.—Any foster parents and relative or nonrelative caregivers, regardless of whether the relative or nonrelative caregivers are licensed as a level I child-specific foster placement or participate in the Relative Caregiver Program, who have a child placed in out-of-home care in the home between the age of birth to school entry shall receive a payment of $200 per month per child to pay toward the cost of an early learning or child care program.
(5) RULEMAKING.—The department shall adopt by rule procedures to administer this section.
History.—s. 1, ch. 69-268; ss. 19, 35, ch. 69-106; s. 1, ch. 70-255; s. 26, ch. 73-334; s. 3, ch. 76-168; s. 273, ch. 77-147; s. 1, ch. 77-457; s. 4, ch. 78-190; s. 5, ch. 78-433; s. 101, ch. 79-164; s. 1, ch. 80-174; ss. 2, 3, ch. 81-318; ss. 1, 3, 4, ch. 83-250; s. 39, ch. 88-337; ss. 3, 4, ch. 93-115; ss. 46, 55, ch. 94-164; s. 42, ch. 97-103; s. 37, ch. 98-280; s. 77, ch. 2000-139; s. 49, ch. 2000-153; s. 1, ch. 2000-180; s. 9, ch. 2000-217; s. 49, ch. 2001-62; ss. 2, 9, ch. 2002-19; s. 991, ch. 2002-387; s. 7, ch. 2013-178; s. 3, ch. 2015-130; s. 20, ch. 2018-103; s. 76, ch. 2019-3; s. 11, ch. 2020-138; s. 2, ch. 2022-68.

Structure Florida Statutes

Florida Statutes

Title XXX - Social Welfare

Chapter 409 - Social and Economic Assistance

Part I - Social and Economic Assistance (Ss. 409.016-409.5093)

409.016 - Definitions.

409.017 - Revenue Maximization Act; legislative intent; revenue maximization program.

409.031 - State agency for administering social service funds.

409.1415 - Parenting partnerships for children in out-of-home care; resources.

409.145 - Care of children; “reasonable and prudent parent” standard.

409.1451 - The Road-to-Independence Program.

409.14515 - Independent living preparation.

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; documentation regarding eligibility f...

409.1454 - Motor vehicle insurance and driver licenses for children in care and certified unaccompanied homeless youth.

409.146 - Children and families client and management information system.

409.1464 - Responsible Fatherhood Initiative.

409.1465 - Grants to address the needs of fathers.

409.1467 - Mentorship for at-risk male students.

409.147 - 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; adoption assistance program.

409.1662 - Children within the child welfare system; adoption incentive program.

409.1664 - Adoption benefits for qualifying adoptive employees of state agencies, veterans, servicemembers, and law enforcement officers.

409.1666 - Annual adoption achievement awards.

409.167 - Statewide adoption exchange; establishment; responsibilities; registration requirements; rules.

409.16742 - Shared family care residential services program for substance-exposed newborns.

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; reimbursement methodology.

409.16791 - Ongoing study of commercial sexual exploitation of children.

409.175 - Licensure of family foster homes, residential child-caring agencies, and child-placing agencies; public records exemption.

409.1754 - Commercial sexual exploitation of children; screening and assessment; training; multidisciplinary staffings; service plans.

409.1755 - One Church, One Child of Florida Corporation Act; creation; duties.

409.1757 - Persons not required to be refingerprinted or rescreened.

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.

409.2355 - Programs for prosecution of males over age 21 who commit certain offenses involving girls under age 16.

409.2551 - Legislative intent.

409.2554 - Definitions; ss. 409.2551-409.2598.

409.2557 - State agency for administering child support enforcement program.

409.25575 - Support enforcement; privatization.

409.2558 - Support distribution and disbursement.

409.2559 - State disbursement unit.

409.256 - Administrative proceeding to establish paternity or paternity and child support; order to appear for genetic testing.

409.2561 - Support obligations when public assistance is paid; assignment of rights; subrogation; medical and health insurance information.

409.2563 - Administrative establishment of child support obligations.

409.25633 - Title IV-D Standard Parenting Time Plans.

409.25635 - Determination and collection of noncovered medical expenses.

409.2564 - Actions for support.

409.25641 - Procedures for processing interstate enforcement requests.

409.2565 - Publication of delinquent obligors.

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.

409.2567 - Services to individuals not otherwise eligible.

409.2569 - Continuation of support services for recipients of public assistance when benefits are terminated.

409.257 - Service of process.

409.2571 - Court and witness fees; bond.

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; administrative fine.

409.2579 - Safeguarding Title IV-D case file information.

409.2581 - Use of clearing accounts and revolving funds.

409.2584 - Interest on obligations due; waiver.

409.259 - Filing fees in Title IV-D cases; electronic filing of pleadings, returns of service, and other papers.

409.2594 - Record requirements.

409.2597 - Retention of actions.

409.2598 - License suspension proceeding to enforce support order.

409.2599 - Data processing services; interagency agreement.

409.25995 - State Title IV-D agency; contracts.

409.25996 - Organizations that assist noncustodial parents.

409.2673 - Shared county and state health care program for low-income persons.

409.26731 - Certification of local funds as state match for federally funded services.

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; Interstate Compact on the Placement of Children.

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.

409.4101 - Rulemaking authority.

409.441 - Runaway youth programs and centers.

409.508 - Low-income home energy assistance program.

409.509 - Definitions; weatherization of low-income residences.

409.5091 - Department responsible for weatherizing agencies; energy assessment.

409.5093 - Replacement agency.