Determining the Best Interests of the Child - Florida

Date: September 2023

Guiding Principles

This issue is not addressed in the statutes reviewed.

 Best Interests Factors

Citation: Ann. Stat. § 39.01375

The Department of Children and Families, community-based care lead agency, or court shall consider all the following factors when determining whether a proposed placement under this chapter is in the child's best interests:

  • The child's age
  • The physical, mental, and emotional health benefits to the child by remaining in their current placement or moving to the proposed placement
  • The stability and longevity of the child's current placement
  • The established bonded relationship between the child and the current or proposed caregiver
  • The recommendation of the child's current caregiver, if applicable
  • The recommendation of the child's guardian ad litem, if one has been appointed
  • The child's previous and current relationship with a sibling and if the change of legal or physical custody or placement will separate or reunite siblings
  • The likelihood of the child attaining permanency in the current or proposed placement
  • The likelihood the child will be required to change schools or child care placement, the impact of such change on the child, and the parties' recommendations as to the timing of the change
  • The child's receipt of medical, behavioral health, dental, or other treatment services in the current placement; the availability of such services and the degree to which they meet the child's needs; and whether the child will be able to continue to receive services from the same providers and the relative importance of such continuity of care
  • The allegations of any abuse, abandonment, or neglect, including sexual abuse and human trafficking history, which caused the child to be placed in out-of-home care and any history of additional allegations of abuse, abandonment, or neglect
  • The likely impact on activities that are important to the child and the ability of the child to continue such activities in the proposed placement
  • The likely impact on the child's access to education, Medicaid, and independent living benefits if moved to the proposed placement
  • Any other relevant factor

Other Considerations

Citation: Ann. Stat. §§ 39.01375; 39.4024

The department, when determining whether a proposed placement is in the child's best interests, shall consider the reasonable preference of the child, if the child is of a sufficient age and capacity to express a preference. 

The legislature finds the following:

  • Sibling relationships can provide a significant source of continuity throughout a child's life and are likely to be the longest relationships that most individuals experience. Further, the placement of siblings together can increase the likelihood of achieving permanency and is associated with a significantly higher rate of family reunification.
  • It is beneficial for a child who is placed in out-of-home care to be able to continue existing relationships with their siblings, regardless of age, so that they may share their strengths and association in their everyday and often common experiences.
  • Healthy connections with siblings can serve as a protective factor for children who have been placed in out-of-home care. 
  • Child protective investigators and caseworkers should be aware of the variety of demographic and external situational factors that may present challenges to placement in order to identify such factors relevant to a particular group of siblings and ensure that these factors are not the sole reasons that siblings are not placed together.
  • It is the responsibility of all entities and adults involved in a child's life, including, but not limited to, the department, community-based care lead agencies, parents, foster parents, guardians ad litem, next of kin, and other persons important to the child to seek opportunities to foster sibling relationships to promote continuity and help sustain family connections.
  • There is a presumption in law and policy that it is in the best interests of a child going into out-of-home care to be placed with any siblings.
  • The overall well-being of the child and family improves when the person or team responsible for placement decisions evaluates the child's sibling and family bonds and prioritizes the bonds that are unique drivers of the child's ability to maintain and develop healthy relationships.