Florida Statute 409.166 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXX
SOCIAL WELFARE

Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE

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409.166 Children within the child welfare system; adoption assistance program.—

(1) LEGISLATIVE INTENT.—It is the intent of the Legislature to protect and promote each child’s right to the security and stability of a permanent family home. The Legislature intends to make adoption assistance, including financial aid, available to prospective adoptive parents to enable them to adopt a child in the state’s foster care system who, because of his or her needs, has proven difficult to place in an adoptive home.

(2) DEFINITIONS.—As used in this section, the term:

(a) “Adoption assistance” means financial assistance and services provided to a child and his or her adoptive family. Such assistance may include a maintenance subsidy, medical assistance, Medicaid assistance, and reimbursement of nonrecurring expenses associated with the legal adoption. The term also includes a tuition exemption at a postsecondary career program, community college, or state university.

(b) “Child within the child welfare system” or “child” means a difficult-to-place child and any other child who was removed from the child’s caregiver due to abuse or neglect and whose permanent custody has been awarded to the department or to a licensed child-placing agency.

(d) “Difficult-to-place child” means:

1. A child whose permanent custody has been awarded to the department or to a licensed child-placing agency;

2. A child who has established significant emotional ties with his or her foster parents or is not likely to be adopted because he or she is:

a. Eight years of age or older;

b. Developmentally disabled;

c. Physically or emotionally handicapped;

d. A member of a racial group that is disproportionately represented among children described in subparagraph 1.; or

e. A member of a sibling group of any age, provided two or more members of a sibling group remain together for purposes of adoption; and

3. Except when the child is being adopted by the child’s foster parents or relative caregivers, a child for whom a reasonable but unsuccessful effort has been made to place the child without providing a maintenance subsidy.

(e) “Licensed child-placing agency” has the same meaning as in s. 39.01.

(f) “Maintenance subsidy” means a monthly payment as provided in subsection (4).

(3) ADMINISTRATION OF PROGRAM.—

(a) The department shall establish and administer an adoption program for children to be carried out by the department or by contract with a licensed child-placing agency. The program shall attempt to increase the number of persons seeking to adopt children and the number of finalized adoptions and shall extend adoption assistance, when needed, to the adoptive parents of a child.

(b) The department shall collect and maintain the necessary data and records to evaluate the effectiveness of the program in encouraging and promoting the adoption of children.

(4) ADOPTION ASSISTANCE.—

(a) For purposes of administering payments under paragraph (d), the term:

1. “Child” means an individual who has not attained 21 years of age.

2. “Young adult” means an individual who has attained 18 years of age but who has not attained 21 years of age.

(b) A maintenance subsidy shall be granted only when all other resources available to a child have been thoroughly explored and it can be clearly established that this is the most acceptable plan for providing permanent placement for the child. The maintenance subsidy may not be used as a substitute for adoptive parent recruitment or as an inducement to adopt a child who might be placed without providing a subsidy. However, it shall be the policy of the department that no child be denied adoption if providing a maintenance subsidy would make adoption possible. The best interest of the child shall be the deciding factor in every case. This section does not prohibit foster parents from applying to adopt a child placed in their care. Foster parents or relative caregivers must be asked if they would adopt without a maintenance subsidy.

(c) The department shall provide adoption assistance to the adoptive parents, subject to specific appropriation, in the amount of $5,000 annually, paid on a monthly basis, for the support and maintenance of a child until the 18th birthday of such child or in an amount other than $5,000 annually as determined by the adoptive parents and the department and memorialized in a written agreement between the adoptive parents and the department. The agreement shall take into consideration the circumstances of the adoptive parents and the needs of the child being adopted. The amount of subsidy may be adjusted based upon changes in the needs of the child or circumstances of the adoptive parents. Changes shall not be made without the concurrence of the adoptive parents. However, in no case shall the amount of the monthly payment exceed the foster care maintenance payment that would have been paid during the same period if the child had been in a foster family home.

(d) Effective January 1, 2019, adoption assistance payments may be made for a child whose adoptive parent entered into an initial adoption assistance agreement after the child reached 14 years of age but before the child reached 18 years of age. Such payments may be made until the child reaches age 21 if the child is:

1. Completing secondary education or a program leading to an equivalent credential;

2. Enrolled in an institution that provides postsecondary or vocational education;

3. Participating in a program or activity designed to promote or eliminate barriers to employment;

4. Employed for at least 80 hours per month; or

5. Unable to participate in programs or activities listed in subparagraphs 1.-4. full time due to a physical, an intellectual, an emotional, or a psychiatric condition that limits participation. Any such barrier to participation must be supported by documentation in the child’s case file or school or medical records of a physical, an intellectual, an emotional, or a psychiatric condition that impairs the child’s ability to perform one or more life activities.

(e) A child or young adult receiving benefits through the adoption assistance program is not eligible to simultaneously receive relative caregiver benefits under s. 39.5085 or postsecondary education services and support under s. 409.1451.

(f) The department may provide adoption assistance to the adoptive parents, subject to specific appropriation, for medical assistance initiated after the adoption of the child for medical, surgical, hospital, and related services needed as a result of a physical or mental condition of the child which existed before the adoption and is not covered by Medicaid, Children’s Medical Services, or Children’s Mental Health Services. Such assistance may be initiated at any time but shall terminate on or before the child’s 18th birthday.

(5) ELIGIBILITY FOR SERVICES.—

(a) As a condition of receiving adoption assistance under this section, the adoptive parents must have an approved adoption home study before the adoption is finalized and must enter into an adoption-assistance agreement with the department before the adoption is finalized which specifies the financial assistance and other services to be provided.

(b) A child who is handicapped at the time of adoption is eligible for services through a plan under contract with the agency to serve children and youth with special heath care needs if the child was eligible for such services before the adoption.

(6) WAIVER OF ADOPTION FEES.—The adoption fees shall be waived for all adoptive parents who adopt children in the custody of the department. Fees may be waived for families who adopt children in the custody of a licensed child-placing agency or who adopt children through independent adoptions, and who receive or may be eligible for maintenance subsidies through the department. Retroactive reimbursement of fees is not required for families who adopt children in the custody of licensed child-placing agencies.

(7) REIMBURSEMENT FOR EXPENSES.—The department is authorized to reimburse, retroactive to January 1, 1987, up to $1,000 in nonrecurring expenses related to the adoption of a child which have been incurred by adoptive parents. For purposes of this subsection, “nonrecurring expenses” means one-time expenses, such as attorney’s fees, court costs, birth certificate fees, travel expenses, agency fees, and physical examination fees.

(8) RULES.—The department shall adopt rules to administer this section.

History.—ss. 1, 2, 3, 4, 5, 6, ch. 76-203; s. 1, ch. 77-174; s. 1, ch. 77-293; s. 1, ch. 78-362; s. 1, ch. 83-246; s. 17, ch. 84-254; s. 5, ch. 91-99; s. 24, ch. 92-96; s. 113, ch. 97-101; s. 43, ch. 97-103; s. 181, ch. 99-8; s. 50, ch. 2000-153; s. 5, ch. 2007-124; s. 112, ch. 2008-4; s. 7, ch. 2010-158; s. 174, ch. 2014-19; ss. 27, 28, 89, ch. 2018-10; s. 21, ch. 2018-103; s. 4, ch. 2022-55; s. 15, ch. 2024-177; s. 19, ch. 2025-88.

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Amendments to 409.166

Annotations, Discussions, Cases:

Cases Citing Statute 409.166

Total Results: 8 | Sort by: Relevance | Newest First

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In Interest of AB, 444 So. 2d 981 (Fla. 1st DCA 1983).

Cited 13 times | Published | Florida 1st District Court of Appeal

...da Statutes ("Family Services"). One of those, not especially pertinent here except as it verifies the purpose of the other, provided financial subsidies for permanent adoptions of children having "special needs" as defined then and thereafter. Sec. 409.166(2)(a), Fla. Stat. (1976 Supp.), (1981). That statute emphasizes "every child's right to the security and stability of a permanent family home" and a purpose "to reduce state expenditures for long-term *990 foster care." The intent of the law was expressed in section 409.166(1): It is the intent of the Legislature to protect and promote every child's right to the security and stability of a permanent family home....

...ho, because of his special needs, has proven difficult to place in an adoptive home. In providing subsidies for children with special needs in foster homes, it is the intent of the Legislature to reduce state expenditures for long-term foster care. [§ 409.166(1), Fla....

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Ts v. State, Dept. of Hlt. & Rehab., 464 So. 2d 677 (Fla. 5th DCA 1985).

Cited 11 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 619

...drawal from reality. [10] This was the second time that T.S. had been described as a special needs child. She had been so labeled while in the hospital. These words have a technical meaning in the state's social and economic assistance programs. See § 409.166(2)(a), Florida Statutes....

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Nabinger v. Nabinger, 82 So. 3d 1075 (Fla. 1st DCA 2011).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 20898, 2011 WL 6851182

...The trial court's modification order erred in the calculation of the new child support amount by offsetting the Child Support Guidelines amount by the adoption subsidy received by the former wife for the support and maintenance of the child. §§ 61.30 & 409.166, Fla. Stat. In *1076 all other respects, the order on appeal is affirmed. During the parties' six-year marriage, they adopted a child and received financial "adoption assistance" pursuant to section 409.166, Florida Statutes....

...care system is to "protect and promote each child's right to the security and stability of a permanent family home," for those children in the foster care system "who, because of his or her needs, has proven difficult to place in an adoptive home." § 409.166(1), Fla. Stat. It has been recognized that "no provision of section 409.166 absolves adoptive parents of the financial responsibility incurred in the care of special needs children." In Interest of T....

...e result. § 61.30(11)(a), Fla. Stat.; see also, § 61.14, Fla. Stat. (equitable result desired in modification proceedings). However, the offset fashioned by the trial court in this case defeats the legislative purpose of the adoption subsidy under section 409.166 and its intended benefit to the child....

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Florida Dep't of Child. & Families v. Adoption of X.X.G., 45 So. 3d 79 (Fla. 3d DCA 2010).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 14014, 61 A.L.R. 6th 621

...Florida's need for more adoptive parents 33. Florida seeks to find adoptive parents who are able to meet the unique needs of each child who is eligible for adoption and provide a secure and stable permanent family home. Fla. Admin. Code rr. 65C-16.002, 004 and 005; Fla. Stat. Section 409.166(1). 34. Florida has set up several programs to increase the pool of potential adoptive parents. See, e.g., Fla. Stats. §§ 409.166 (subsidies for adopting "special needs" children); 409.167 (statewide adoption exchange); 409.1755 (recruitment of adoptive parents for African American children); 409.401 (Interstate Compact on the Placement of Children to facilitate interstate adoption)....

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In Interest of TS, 511 So. 2d 435 (Fla. 2d DCA 1987).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2008, 1987 Fla. App. LEXIS 9891

...Appellants, the parents of T.S., a sixteen year-old child, appeal the trial court's order granting T.S.' dependency petition based on *436 a finding of abuse. We reverse in part and affirm in part. T.S. and her three biological brothers and sisters, "special needs children" as defined by section 409.166, Florida Statutes (1985), were placed in appellants' home on April 4, 1980, for adoption....

...s construed together empower the trial court to order appellants to pay for counseling. Appellants further contend that it is unjust to require the parents to pay for counseling in light of the fact that T.S. is a "special needs child" as defined in section 409.166. While section 409.166(4)(a)1., the subsidy provision, provides that HRS may subsidize the adoptive parents of such children for costs of support and maintenance, no provision of section 409.166 absolves *437 adoptive parents of the financial responsibility incurred in the care of special needs children. Therefore, we affirm the trial court's order requiring appellants to pay for counseling. We note, however, that appellants may seek subsidies for the costs of psychological counseling of T.S. pursuant to section 409.166(4)(a)2., which authorizes HRS to pay subsidies for medical care needed as a result of a physical or mental condition of the child which existed prior to adoption. Subsidies under this section may be initiated at anytime prior to T.S.' eighteenth birthday. § 409.166(4)(a)2., Fla....

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Tluzek v. Tluzek, 179 So. 3d 455 (Fla. 5th DCA 2015).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 17005, 2015 WL 7017418

...We affirm as to issues two and three without further discussion. However, we Reverse and- remand on- -the first issue for the reasons explained below. The parties have two adopted, special-needs minor • children for which they receive a $590 per month subsidy from the State of Florida pursuant to section 409.166, Florida Statutes (2014)....

...to make adoption assistance, including financial aid, available to prospective adoptive parents to enable them to adopt a child in the state’s foster care system who, because of his or her needs, has proven difficult to place in an adoptive home, § 409.166(1), Fla....

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Greenfield v. Dep't of Child. & Fam. Servs., 794 So. 2d 739 (Fla. 1st DCA 2001).

Published | Florida 1st District Court of Appeal | 2001 WL 1110486

...program through which the federal government provides participating states with funding to advance the adoption of special needs children. The Department is charged with the duty of administering Florida's Title IV-E adoption assistance program. See § 409.166, Fla....

...expenditure. Response to Question 8 in PIQ 92-02 (emphasis added). In Florida, the statute implementing the Title IV-E adoption assistance program contains no specific provision authorizing an award of retroactive adoption maintenance subsidies. See § 409.166, Fla. Stat. (1999). In fact, the legislative intent as stated in the statute indicates that the legislature intended to restrict the payment of adoption subsidies only to those circumstances where placement could not be made without subsidy. See § 409.166(1), Fla....

...ntent behind Florida's adoption assistance program. One provision in the statute implementing the Title IV-E program in Florida does specifically provide for the payment of retroactive reimbursement up to $1000 of nonrecurring adoption expenses. See § 409.166(6), Fla....

...In this case, the Florida legislature clearly indicated in the statute implementing Florida's Title IV-E adoption assistance program that "[i]n providing subsidies for children with special needs in foster homes, it is the intent of the Legislature to reduce state expenditures for long-term foster care." § 409.166(1), Fla....

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In the Interest of T.S. v. State, Dep't of Health & Rehabilitative Servs., 464 So. 2d 677 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 619, 1985 Fla. App. LEXIS 12652

...ithdrawal from reality. . This was the second time that T.S. had been described as a special needs child. She had been so labeled while in the hospital. These words have a technical meaning in the state's social and economic assistance programs. See § 409.166(2)(a), Florida Statutes....

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