For decades, relatives’ adoption applications have been awarded special preference by DCF, often over the foster caregivers who had a strong parent-child relationship with the foster child they had been parenting for years. DCF, through its Adoption Applicant Review Committee (AARC), has used the “kinship rule” to tear apart foster adoptive families on the eve of their adoption.

In 2024, Jay and Campbell challenged the validity of the “kinship rule” and won.

The Florida Adoption Act, which governs all adoptions in Florida, never awarded relatives priority in foster adoptions. Unsurprisingly, adoption law prioritizes relationships and bonds, through the eyes of the child. The Division of Administrative Hearings (DOAH) held that the agency rule is invalid because DCF stepped over its boundaries when it created a policy that was not authorized by the law. Making laws is the role of the legislature, not the executive branch.

Foster adoptive families should become much more stable with this ruling. A relative’s competing adoption application should not derail or delay long term foster parents’ adoption. 

What this means for relatives: if you want to care for a relative in foster care, you must step up immediately, as soon as the child has been sheltered by DCF. Don’t wait for DCF to terminate the parental rights. Don’t trust case management to ask the court to transfer custody to you. Hire an attorney, get a private home study done if DCF is dragging its heels, and ask the court for custody now, because the law does NOT award you priority consideration after the child is freed for adoption. Many adoptive families have positive, mutually beneficial, post adoption contact with relatives and this is another option you can explore.