Florida law establishes a statewide system to make sure that children in out-of-home care are informed of their rights and legal protections in ways that are appropriate to their age and development. The law is intended to promote self-advocacy, transparency, and accountability within the child welfare system by requiring consistent education about rights, clear access to information, and an independent process for addressing concerns related to those rights.

The law also creates the Office of the Children’s Ombudsman and requires coordination across DCF, community-based care providers, the courts, and child welfare professionals. This coordination is intended to ensure that children in out-of-home care understand their rights, know how to get help when issues arise, and receive ongoing education about their rights throughout their time in care.

Child welfare professionals are responsible for providing, discussing, and documenting youth rights information for children entering and remaining in out-of-home care. This includes using the Youth in Foster Care Rights Brochure as a standardized resource. Information must be communicated in a manner that is appropriate to the child’s age and developmental level, and youth must be informed of available supports, including the Office of the Children’s Ombudsman. Child welfare professionals must also complete required training to support consistent and accurate implementation of these responsibilities.

Required Practice Responsibilities

Child welfare professionals must:

• Ensure that each child who is of sufficient age and understanding entering out-of-home care is provided with the Youth in Foster Care Rights Brochure and provided an explanation of their rights using age-appropriate language and communication methods.
• Provide caregivers with a written copy of the child’s protections at each placement change.
• Through support of the Youth in Foster Care Rights Brochure, hold a direct conversation with the child explaining:
  • Their rights and legal protections while in out-of-home care; and
  • How to seek help or raise concerns if they believe their rights have been violated, including how to contact the Office of the Children’s Ombudsman.
• Provide a meaningful opportunity for questions and ensure responses are appropriate to the child’s age, developmental level, and understanding.
• Re-review and reissue rights information, in an age and developmentally appropriate manner:
  • At least every six months.
  • Following any placement change that results in a new caregiver; and
  • As needed, continuing until the child exits out-of-home care.

Documentation Requirements

• Document in court reports and case notes:
  • The date the child’s rights and responsibilities were discussed and reviewed, and the Youth in Foster Care Rights Brochure was provided, when applicable.
  • The completed and signed acknowledgement form must be provided to Children’s Legal Services for court filing.
  • Upload the signed acknowledgement of the Youth in Foster Care Rights Brochure into the case file.
• The Child Protective Investigator will incorporate the signed acknowledgement(s) obtained ahead of the formal case transfer as part of the Case Transfer Staffing packet.
• The lead agency will ensure signed acknowledgements of the Youth in Foster Care Rights Brochure is appropriately documented, to include uploading the signed form, in the case record for each of the following reasons:
  • At least every six months.
  • Following any placement change that results in a new caregiver; and
  • As needed, continuing until the child or young adult exits out-of-home care.

RESOURCES: Office of the Children’s Ombudsman Chapter 2023-248, Laws of Florida (SB 272), Brochure for Youth in Foster Care