Florida child welfare law includes many nice sounding provisions that seem to value foster parents and caregivers. For example, caregivers have a right to notice of hearings and a right to be heard by the court. They have a right to review the court file. Additionally, Fla. Stat. § 39.4087 provide a list of “rights” for caregivers. If those rights are violated, the caregiver can complain to the foster care agency and hope that the agency voluntarily fixes the problem. But can that caregiver be meaningfully heard in court? If DCF wants to remove a toddler from his foster home of 3-4 years to place him with a relative he doesn’t know, should the foster parents be allowed to present witnesses and evidence? Should they be able to cross-examine DCF’s witnesses? In other words, are caregivers entitled to procedural due process? Some regions of Florida, like Miami, say yes. Others, like Broward and the Treasure Coast, say no.

We have observed firsthand that having the right to watch in silence while being steamrolled by the State of Florida is cold comfort to our clients, who just want a fair hearing. After all, wouldn’t that be best for children, to have all the viewpoints and information presented so that the trial court can make a well-informed decision?

Every year, DCF makes efforts through legislation, administrative rules, and procedural rules, to constantly cut back on caregivers’ access to the courts. That is not in the best interests of children, their caregivers, or taxpayers. Ultimately, it is up to foster parents to fight these efforts.