karen.hood@rc1fl.com

In 2021, SB 80 made substantial
additions and changes to Chapter
39. One of the most significant
changes is section 39.522(3)(c)4.a.
that grants “party status” to a current
caregiver under certain conditions.
This portion of the statute, which is the
focus of this article, has caused much
confusion and led to a flurry of litigation
whereby foster parents and caregivers
hired attorneys to essentially attempt
to “win” custody of children in actions
against the parents. While this change to
Chapter 39 was clearly never intended
to apply to children who were in the
process of reunifying with parents, the
statutorily created “right” to party
status, caused situations where those
“rights” of foster parents resulted in an
interference with parents’ fundamental
rights to their own children as the courts
struggled to decide which rights reigned
supreme. In 2023, the First District Court
of Appeal (DCA) put the matter to rest
in Statewide Guardian ad Litem Office v.
J.B., 361 So. 3d 419 (Fla. 1st DCA 2023).

“Recovered and reinvigorated, I decided to act. I started with those who gave so much of themselves to lift me through my recovery. I began to focus on how I could be a better father, husband, and friend. I began finding ways to reinvest and volunteer in my community. Most importantly, I became more committed to my profession than ever before. I am always aware that I must approach each case with my best efforts. I have accepted that I can protect my clients’ constitutional rights while acknowledging and respecting a victim’s struggle.”

Advocates express concern that this lack of interaction could lead to long-lasting negative effects on children and hinder reunification efforts. Candice K. Brower, Regional Counsel for Florida’s 1st District Court of Appeals, emphasizes that the strength of the parent-child bond is critical in decisions regarding custody, and losing this bonding time may have serious repercussions for families.

Florida’s Department of Children and Families (DCF) often removes children from mothers who are victims of abuse. These mothers are not being accused of harming their children; DCF holds them responsible for exposing their kids to domestic violence. The investigation underscores the need for reform in Florida’s child welfare policies to support families better and prioritize the safety and well-being of children without penalizing victims of domestic violence. Candice K. Brower, Regional counsel, provides perspective on barriers mothers face in reunification.

Candice K. Brower, head of the Office of Criminal Conflict and Civil Regional Counsel, shared her journey and insights in an interview with Attorney at Law Magazine. She has dedicated over 12 years to public service, emphasizing the importance of due process and justice.

There are many challenges Florida parents face when investigated by child protection agencies for allegations of abuse or neglect. A USA TODAY investigation highlights that many allegations, particularly against low-income families, often stem from poverty-related issues rather than actual neglect. The article provides advice from RC1 attorneys on how parents should navigate these investigations.