Often caregivers ask us if they have any rights in a dependency/foster care proceeding. It is important for foster parents and other caregivers to know that as a “participant,” you play a vital role in the court case. You have a right to notice of hearings. You have a right to be heard by the court. And you have the right to extensive documentation.

Caregivers to children in the dependency system—whether foster parents, relatives, or nonrelatives—are entitled to virtually all the information about the child in their care and that child’s legal case. The first step in advising or representing a caregiver is getting that information.

Dependency hearings are open to the public. 

As a preliminary matter, it is important to realize that “All hearings, except as provided in this section, shall be open to the public, and a person may not be excluded except on special order of the judge, who may close any hearing to the public upon determining that the public interest or the welfare of the child is best served by so doing. ” Fla. Stat. § 39.507(2). The general public may be barred from a hearing only under certain circumstances. Caregivers and preadoptive parents are not, however, members of the general public and may not be excluded from hearings. 

What information is a caregiver entitled to?

The following laws make  clear that caregivers—and sometimes even noncustodial preadoptive parents—must be advised of what is happening in dependency cases. Remember, children in the dependency system are “public” children. Accordingly, dependency cases are open to the public, Fla. Stat. § 39.507(2), and DCF is required to recruit (F.A.C. 65C-16.004; 65C-16.001(2)) and respond (63.093) to preadoptive parents. 

Caregivers are entitled to:

• “all relevant information regarding the child and the background of his or her biological family,” 39.4087(1)(c)(1)
• “all information in the department’s records relating to the caregiver,” 39.4087(1)(n).
• At least 72 hours’ notice of all court hearings.  Stat. § 39.502(6) and (17). Preadoptive parents (whether custodians or not) must also be notified of all proceedings and hearings. Fla. R. Juv. P. 8.225(f)(3).
• Notice of all judicial review and citizen review panel hearings.  Stat. § 39.701(1)(f). Caregivers are entitled to DCF’s and the guardian ad litem program’s written reports at least 72 hours before that hearing. Fla. Stat. § 39.701(2)(b)(1).
• Inspect and copy the TPR portion of the court file.  Fla. Stat. § 39.814(3).
• Ask for a court order to inspect the rest of the dependency court file. Fla. Stat. § 39.0132.
• The child’s entire case record, including the case record face sheet, maintained by DCF, which details the child’s history in the dependency system.  Stat. § 39.00145. Anyone who refuses to provide the case record may be subject to sanctions. Stat. § 39.00145(2)(c).
• The child’s abuse reports.  Stat. § 39.202(2)(t). 

Adoptive applicants who have completed their adoption home studies are entitled to:

1. A family social and medical history form completed pursuant to s. 63.162(6).
2. The biological mother’s medical records documenting her prenatal care and the birth and delivery of the child.
3. A complete set of the child’s medical records documenting all medical treatment and care since the child’s birth and before placement.
4. All mental health, psychological, and psychiatric records, reports, and evaluations concerning the child before placement.
5. The child’s educational records, including all records concerning any special education needs of the child before placement.
6. Records documenting all incidents that required the department to provide services to the child, including all orders of adjudication of dependency or termination of parental rights issued pursuant to chapter 39, any case plans drafted to address the child’s needs, all protective services investigations identifying the child as a victim, and all guardian ad litem reports filed with the court concerning the child.
7. Written information concerning the availability of adoption subsidies for the child, if applicable.

Fla. Stat. § 63.085(2)(a).

In 2019, the Florida legislature enacted a law that DCF must “strive to” fully disclose to the caregiver information about the child, the child’s case plan, all court decisions, and at least 7 days’ notice of any meeting or court hearing. Fla. Stat. § 39.4087. DCF must turn over all information about the caregiver him or herself, if requested by the caregiver. Id. If DCF fails in its duties to properly train and disclose information to a caregiver, the caregiver may make a formal—albeit internal—complaint to resolve concerns. Id.

 Caregivers must be involved in developing the child’s case plan. Further, “[t]he caregiver must have the opportunity to participate in all team meetings or court hearings related to the child’s care and future plans. The department and community-based care lead agency must support and facilitate caregiver participation through timely notification of such meetings and hearings and provide alternative methods for participation for a caregiver who cannot be physically present at a meeting or hearing.” Fla. Stat. § 409.1415(2)(b)(2). Caregivers must be invited to all multidisciplinary team staffings (“MDTs”). Fla. Stat. § 39.4022(4)(a)(1)(c).

Caregivers are entitled to address the court

Federal law states that caregivers have a right to address the court. 42 USCA § 675(5)(G). Florida law also requires the court to consider testimony and reports from caregivers and the state must solicit the caregivers’ opinions and report those statements to the court. Fla. Stat. §§ 39.701(2).

Making the request for information

Caregivers are entitled to this information regardless of whether they have party status in the dependency case, an administrative appeal pending, or have filed an adoption petition. Dependency procedures are often streamlined and to get all the relevant information in a timely manner, caregivers should move quickly.

No response?

Occasionally DCF and the foster agency each claim the other is responsible for producing the information. But it is not the caregiver’s job to decide who is responsible for producing which document. If you are stonewalled or sent on a wild goose chase, you should consider escalating the matter with the assistance of an attorney.

Conclusion

Caregivers rarely have all the information they are entitled to. Fortunately, DCF will often remedy omissions in a timely manner upon request. When DCF does not, however, caregivers must be ready with the legal authority that supports their request.