Florida Foster Parent Bill of Rights: What §39.0139 Guarantees You

Foster parents in Florida are not volunteers operating at the complete discretion of the agency. They are legally recognized partners in the child welfare system, with specific statutory rights codified in Florida Statute §39.0139. Many foster parents are not aware these rights exist until they find themselves in a situation where they need them — facing a surprise placement change, receiving inadequate information about a child's history, or navigating an agency complaint process without understanding what procedural protections apply to them.

Knowing your rights under §39.0139 before you need them changes how you operate as a foster parent.

What Florida Statute §39.0139 Establishes

The Foster Parent Bill of Rights, formally titled the "Rights of Child Welfare Foster Care Parents" and codified at Florida Statute §39.0139, recognizes foster parents as essential professional partners in the child welfare system and guarantees them a set of specific rights in their dealings with CBC lead agencies and DCF.

The statute was strengthened in successive legislative sessions to address consistent feedback from foster parents about information gaps, limited court access, and inadequate due process when facing allegations or license actions.

The Right to Information About the Child

Before a child is placed in your home, Florida law requires the agency to provide you with all available information about the child's medical, educational, behavioral, and social history. This is not a general "we'll let you know if there's anything important" obligation — it is a specific disclosure requirement.

The information provided should include:

• Known medical diagnoses and current medications
• Educational history and any special education needs
• Prior placement history and the reasons for placement disruptions
• Known behavioral patterns or trauma history
• Any known risks or safety concerns

If you accept a placement without receiving this information, you have the right to request it. If the agency claims no information is available, document that claim. The Child Resource Record (CRR) that accompanies a child to every placement should contain whatever the system has on file.

The Right to Receive Ongoing Information

Your right to information does not end at placement. During the child's stay in your home, you are entitled to ongoing information about the child's case, including:

• Notice of court hearings and the ability to attend and provide input
• Notice of significant changes in the case plan
• Information about the child's progress in school and medical care
• Advance notice of any planned placement change with a reasonable timeframe

This ongoing information right is practically significant because it is the mechanism through which you can advocate for the child's best interests in the legal proceedings that determine their future.

The Right to Participate in Court Proceedings

Foster parents have the right to attend dependency court hearings and to provide input to the court regarding the child's needs and your observations. You are not a party to the proceeding in the same way the biological parents or the agency are — but you are a recognized voice in the process.

In practice, this means you can submit a written statement to the court or appear in person at judicial review hearings. Many dependency court judges actively seek input from foster parents because you often have the most current, day-to-day knowledge of the child's functioning and needs.

If you receive a notice of a court hearing and want to attend, contact the child's guardian ad litem or your licensing coordinator about the process for appearing in your circuit's dependency court.

The Right to Advance Notice of Placement Changes

One of the most emotionally difficult aspects of foster care is placement changes — when a child you have been caring for is moved to another home. §39.0139 requires that the agency provide you with reasonable advance notice of a planned placement change and the reasons for it. You also have the right to request a meeting with your licensing coordinator or the child's case manager before the change occurs.

This right does not prevent placement changes — it requires that they be handled with appropriate notice and explanation rather than the surprise removals that damaged so many foster parent-agency relationships in earlier eras of the system.

The Right to Dispute a Placement Change

If you believe a placement change is not in the child's best interest, you have the right to request a formal review of the decision. The Foster Parent Bill of Rights establishes a grievance and dispute resolution process through which you can challenge agency decisions that affect your placement or license.

This is distinct from an appeal of a license denial or revocation — that is a separate administrative process under Chapter 120. The grievance process under §39.0139 is specifically about placement and casework decisions.

Protection Against Retaliation

If you exercise any of your rights under §39.0139 — attending court, filing a grievance, requesting information, advocating for a child against the agency's preferred approach — the agency is prohibited from retaliating against you by threatening your license, denying placements, or applying discriminatory standards to your home.

This protection is real but not self-executing. If you believe retaliation is occurring, document everything — dates, communications, and the specific actions you took that preceded the adverse treatment — and contact the Florida Foster/Adoptive Parent Association (FFAPA) advocacy arm.

The FFAPA FAST Team

The Florida State Foster/Adoptive Parent Association (FFAPA) operates a FAST Team (Foster/Adoptive Support Team) that provides advocacy for foster parents navigating agency complaints, license threats, or administrative investigations. All licensed Florida foster parents are automatically considered FFAPA members.

If you receive notice of a complaint or pending investigation, contact FFAPA before responding to the agency. The FAST Team can assign a peer advocate to attend meetings with you, help you understand the process, and ensure your rights under §39.0139 are respected throughout the investigation.

What the Bill of Rights Does Not Guarantee

§39.0139 establishes rights within the foster care relationship — it does not give foster parents the right to veto case plan decisions, override reunification efforts, or prevent adoption by other families. The legal proceedings that determine a child's future involve many parties, and foster parents have standing in those proceedings but not controlling authority.

The value of understanding your rights is not to use them adversarially — it is to ensure that you are a fully informed, appropriately empowered partner in the child's care, rather than a passive participant in a process that happens around you.

For a comprehensive guide to the licensing process that gives you the foundation for exercising these rights effectively — including how the CBC system works, what to expect in court, and how to advocate for children in your care — see the Florida Foster Care Licensing Guide.

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