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Florida Statute 39.4021 - Full Text and Legal Analysis
Florida Statute 39.4021 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 39.4021 Case Law from Google Scholar Google Search for Amendments to 39.4021

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 39
PROCEEDINGS RELATING TO CHILDREN
View Entire Chapter
39.4021 Priority placement for out-of-home placements.—
(1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds that it is a basic tenet of child welfare practice and the law that a child be placed in the least restrictive, most family-like setting available in close proximity to the home of his or her parents which meets the needs of the child, and that a child be placed in a permanent home in a timely manner.
(2) PLACEMENT PRIORITY.—
(a) When a child cannot safely remain at home with a parent, out-of-home placement options must be considered in the following order:
1. Nonoffending parent.
2. Relative caregiver.
3. Adoptive parent of the child’s sibling, when the department or community-based care lead agency is aware of such sibling.
4. Fictive kin with a close existing relationship to the child.
5. Nonrelative caregiver that does not have an existing relationship with the child.
6. Licensed foster care.
7. Group or congregate care.
(b) Except as otherwise provided for in ss. 39.4022 and 39.4024, sibling groups must be placed in the same placement whenever possible and if placement together is in the best interest of each child in the sibling group. Placement decisions for sibling groups must be made pursuant to ss. 39.4022 and 39.4024.
(c) Except as otherwise provided for in this chapter, a change to a child’s physical or legal placement after the child has been sheltered but before the child has achieved permanency must be made in compliance with this section. Placements made pursuant to s. 63.082(6) are exempt from this section.
History.—s. 5, ch. 2021-169.

F.S. 39.4021 on Google Scholar

F.S. 39.4021 on CourtListener

Amendments to 39.4021


Annotations, Discussions, Cases:

Cases Citing Statute 39.4021

Total Results: 5  |  Sort by: Relevance  |  Newest First

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In Re: Amendments to the Florida Rules of Juv. Procedure - 2021 Fast-Track Report (Fla. 2022).

Published | Supreme Court of Florida

...-2- changes were made in response to the statutory changes. Each rule change discussed herein includes such a comment. Rule 8.305 (Shelter Petition, Hearing, and Order) is amended to conform with the newly enacted section 39.4021, Florida Statutes (2021), which articulates a prioritization for out-of-home placements, including fictive kin and nonrelatives....
...Accordingly, the phrase “fictive kin, or nonrelatives” is added throughout the rule. In addition, a new subdivision (c)(3) is created stating that an order granting shelter care must include a finding on reasonable efforts to place the child in accordance with the prioritization hierarchy articulated in section 39.4021 or explain why priority placement is not available or is not in the child’s best interest....
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Dep't of Child. & Families & Guardian Ad Litem v. J.H. & K.H. (Fla. 6th DCA 2025).

Published | Florida 6th District Court of Appeal

...The trial court 3 did not notice DCF’s mistake, and it placed the Child with Foster Parents. This violated operative statutes and regulations, which likely would have resulted in the Child’s placement with Denied Applicants and his siblings. See § 39.4021(2)(a)3., 6., Fla....
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In Re: Amendments to the Florida Rules of Juv. Procedure - 2021 Fast-Track Report (Fla. 2022).

Published | Supreme Court of Florida

...-2- changes were made in response to the statutory changes. Each rule change discussed herein includes such a comment. Rule 8.305 (Shelter Petition, Hearing, and Order) is amended to conform with the newly enacted section 39.4021, Florida Statutes (2021), which articulates a prioritization for out-of-home placements, including fictive kin and nonrelatives....
...Accordingly, the phrase “fictive kin, or nonrelatives” is added throughout the rule. In addition, a new subdivision (c)(3) is created stating that an order granting shelter care must include a finding on reasonable efforts to place the child in accordance with the prioritization hierarchy articulated in section 39.4021 or explain why priority placement is not available or is not in the child’s best interest....
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Dep't of Child. & Families & Guardian Ad Litem v. J.H. & K.H. (Fla. 6th DCA 2025).

Published | Florida 6th District Court of Appeal

...The trial court 3 did not notice DCF’s mistake, and it placed the Child with Foster Parents. This violated operative statutes and regulations, which likely would have resulted in the Child’s placement with Denied Applicants and his siblings. See § 39.4021(2)(a)3., 6., Fla....
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H.S., the Father v. Dep't of Child. & Families (Fla. 4th DCA 2024).

Published | Florida 4th District Court of Appeal

...Before hearing the father’s motion to return the child to his custody, the trial judge explained to the child what would happen if she permanently removed the child from the father’s custody contrary to the “placement priority” provided by section 39.4021(2)(a)(1.), Florida Statutes (2023), requiring 3 A minor may continue to undergo sex-reassignment treatment if the treatment began and was ongoing on May 17, 2023, and the minor had a prescription to undergo such treatment....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.