2024 Florida Statutes
< Back to Statute SearchTitle V JUDICIAL BRANCH
Chapter 39
PROCEEDINGS RELATING TO CHILDREN
SECTION 01375Best interest determination for placement.
39.01375 Best interest determination for placement.—The department, community-based care lead agency, or court shall consider all of the following factors when determining whether a proposed placement under this chapter is in the child’s best interest:
(1) The child’s age.
(2) The physical, mental, and emotional health benefits to the child by remaining in his or her current placement or moving to the proposed placement.
(3) The stability and longevity of the child’s current placement.
(4) The established bonded relationship between the child and the current or proposed caregiver.
(5) The reasonable preference of the child, if the child is of a sufficient age and capacity to express a preference.
(6) The recommendation of the child’s current caregiver, if applicable.
(7) The recommendation of the child’s guardian ad litem.
(8) 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, evaluated in accordance with s. 39.4024.
(9) The likelihood of the child attaining permanency in the current or proposed placement.
(10) 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, including an education transition plan required under s. 39.4023.
(11) 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.
(12) 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.
(13) 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.
(14) The likely impact on the child’s access to education, Medicaid, and independent living benefits if moved to the proposed placement.
(15) Any other relevant factor.
History.—s. 2, ch. 2021-169; s. 10, ch. 2024-70.