“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).”

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