Florida HB 435: Telecommunications Access System Act of 1991

Bill Text

HB 435 2026

CODING: Words stricken are deletions; words underlined are additions.
hb435-00
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A bill to be entitled 1
An act relating to placement of a child in a certified 2
domestic violence center; amending s. 39.01, F.S.; 3
revising the definition of the term "shelter"; 4
amending s. 39.4021, F.S.; providing that a certified 5
domestic violence center may be considered a placement 6
priority for a child; amending s. 39.521, F.S.; 7
providing that the Department of Children and Families 8
does not have to provide a home study to the court if 9
placing a child in a certified domestic violence 10
center; authorizing the court to place a child and his 11
or her proposed legal custodian in a certified 12
domestic violence center under certain circumstances; 13
amending s. 63.092, F.S.; providing that placement of 14
a minor in a certified domestic violence center 15
constitutes an at-risk placement; authorizing a 16
certified domestic violence center to serve as a 17
temporary legal residence for a minor; waiving 18
preliminary home study requirements under certain 19
circumstances; providing that the department is not 20
required to conduct an in-person home study of the 21
certified domestic violence center under certain 22
circumstances; providing construction; prohibiting the 23
department from compelling a minor to return to a 24
previously approved residence if certain conditions 25

HB 435 2026

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are met; requiring the court to consider the totality 26
of the circumstances and not make certain assumptions; 27
providing an effective date. 28
29
Be It Enacted by the Legislature of the State of Florida: 30
31
Section 1. Subsection (81) of section 39.01, Florida 32
Statutes, is amended to read: 33
39.01 Definitions.—When used in this chapter, unless the 34
context otherwise requires: 35
(81) "Shelter" means a placement with a relative or a 36
nonrelative, or in a licensed home or facility, or in a domestic 37
violence center certified under part XII of this chapter for the 38
temporary care of a child who is alleged to be or who has been 39
found to be dependent, pending court disposition before or after 40
adjudication. 41
Section 2. Paragraph (a) of subsection (2) of section 42
39.4021, Florida Statutes, is amended to read: 43
39.4021 Priority placement for out-of-home placements.— 44
(2) PLACEMENT PRIORITY.— 45
(a) When a child cannot safely remain at home with a 46
parent, out-of-home placement options must be considered in the 47
following order: 48
1. Nonoffending parent. 49
2. Relative caregiver. 50

HB 435 2026

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3. Adoptive parent of the child's sibling, when the 51
department or community-based care lead agency is aware of such 52
sibling. 53
4. Fictive kin with a close existing relationship to the 54
child. 55
5. Nonrelative caregiver that does not have an existing 56
relationship with the child. 57
6. Licensed foster care. 58
7. Group or congregate care. 59
8. A domestic violence center certified under part XII of 60
this chapter. 61
Section 3. Paragraph (o) of subsection (2) and subsection 62
(3) of section 39.521, Florida Statutes, are amended to read: 63
39.521 Disposition hearings; powers of disposition.— 64
(2) The family functioning assessment must provide the 65
court with the following documented information: 66
(o) If the child has been removed from the home and will 67
be remaining with a relative, parent, or other adult approved by 68
the court, a home study report concerning the proposed placement 69
must shall be provided to the court. Before recommending to the 70
court any out-of-home placement for a child other than placement 71
in a licensed shelter or foster home or domestic violence center 72
certified under part XII of this chapter, the department shall 73
conduct a study of the home of the proposed legal custodians, 74
which must include, at a minimum: 75

HB 435 2026

CODING: Words stricken are deletions; words underlined are additions.
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1. An interview with the proposed legal custodians to 76
assess their ongoing commitment and ability to care for the 77
child. 78
2. Records checks through the State Automated Child 79
Welfare Information System (SACWIS), and local and statewide 80
criminal and juvenile records checks through the Department of 81
Law Enforcement, on all household members 12 years of age or 82
older. In addition, the fingerprints of any household members 83
who are 18 years of age or older may be submitted to the 84
Department of Law Enforcement for processing and forwarding to 85
the Federal Bureau of Investigatio