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Do Florida Group Home Residents Have Legal Rights?

What Families Need to Know About Abuse, Neglect, and Chapter 393

When a loved one with developmental disabilities moves into a group home, families hope they will receive not only the care they need, but also the respect they deserve. Group homes are meant to offer a supportive, community-based setting. But too often, families are left in the dark about the specific legal protections available when something doesn’t feel right.

Florida law recognizes that individuals with developmental disabilities face unique circumstances that can expose their vulnerabilities. To address this, the state of Florida has created a distinct set of legal protections under Chapter 393.13 of the Florida Statutes, known as The Bill of Rights of Persons with Developmental Disabilities. These rights apply to individuals who receive services through Florida’s developmental disabilities system, including those living in licensed group homes.

Many families are unaware of the powerful protections built into this law. Even fewer know what steps to take if their loved one’s rights are violated. At Brooks, LeBoeuf, Foster, Gwartney & Hobbs, P.A., we’ve guided families through these exact questions, especially when abuse or neglect wasn’t clear at first, but became impossible to ignore. Understanding Chapter 393 can help you better advocate for someone you care about and take meaningful action if abuse, neglect, or mistreatment occurs.

What Is Chapter 393, and Who Does It Protect?

Chapter 393.13 outlines specific rights for individuals with developmental disabilities who receive services through Florida’s Agency for Persons with Disabilities (APD). This includes those living in group homes, intermediate care facilities, and other community-based residential programs.

Unlike general rights afforded to residents of assisted living or nursing homes, Chapter 393 focuses on developmental disabilities and the kinds of support these individuals are entitled to when living in residential care settings.

These are not abstract principles. They are codified rights under Florida law. They exist to safeguard personal dignity, ensure humane care, and prevent abuse, isolation, and exploitation.

Chapter 393.13 lists a series of rights meant to protect individuals with developmental disabilities in any setting where services are provided under the state’s care system. Some of the most critical rights include:

  • The right to dignity, privacy, and humane care at all times.
  • The right to religious freedom and freedom from unnecessary restraints or seclusion.
  • The right to receive services in the least restrictive environment appropriate to their needs.
  • The right to consent to or refuse services or treatment when capable of doing so.
  • The right to a fair and individualized treatment plan, with input from the individual or their guardian.
  • The right to communication and visitation with family members, guardians, and others, unless restricted by law.
  • The right to access courts, counsel, and legal representation when needed.

The codification of these rights is designed to protect residents not only from physical harm but also from being silenced, isolated, or controlled in ways that strip them of their independence and humanity.

Florida law also places strict limits on the use of restraints and behavior-influencing medications in group home settings. Any use of mechanical restraints or prescribed medications for behavior control must be medically necessary, supervised by a physician, and reviewed at least every six months. These interventions must be documented in the resident’s record, and the plan must follow procedures that prioritize the individual’s dignity and safety. If misuse is suspected, families have the right to ask whether protocols were followed and to request those records for review.

Why These Rights Matter in Group Home Settings

Group homes often provide care for individuals who cannot fully advocate for themselves. This includes residents with limited communication abilities, cognitive delays, or complex medical needs. Because of this, abuse or neglect can go unnoticed for long periods of time unless family members or legal advocates step in.

Residents with certain disabilities may not always be able to explain when something is wrong. Chapter 393 helps fill this gap by guaranteeing their right to a voice, even if someone else must help speak for them. Understanding these rights gives families the tools they need to recognize when a violation is happening and to act with confidence and purpose.

Warning Signs That a Resident’s Rights May Be Violated

It’s not always obvious when something is wrong. Group homes vary widely in their operations, staffing, and oversight. However, certain red flags may indicate a serious violation of Chapter 393 rights:

  • Unexplained injuries or sudden medical issues.
  • Significant behavioral changes without a medical explanation.
  • Staff refusing or limiting visitation.
  • Lack of hygiene or basic care.
  • Signs of emotional distress or withdrawal.
  • Use of restraints, or isolation without justification.
  • Overmedication or changes in prescriptions without clear documentation.
  • Staff dismissing concerns or discouraging complaints.

Any of these may point to larger systemic problems, including understaffing, inadequate training, or even intentional mistreatment.

What You Can Do If You Suspect Abuse or Neglect

If you believe your loved one’s rights have been violated in a Florida group home, you are not powerless. Florida law gives you the ability to advocate for them and, if necessary, take legal action.

Immediate steps may include:

In serious cases involving injury, exploitation, or ongoing neglect, a civil claim may be appropriate. Legal action can help protect your loved one’s rights and may provide compensation for harm suffered.

If you’re unsure whether your loved one has a case, or you’re ready to take the next step, our experienced Florida group home abuse lawyers can help you review the situation, enforce your loved one’s rights, and take action if abuse or neglect has occurred.

The rights under Chapter 393 are only as strong as the effort made to enforce them. Group homes are required to comply with Florida law, but enforcement often depends on families stepping forward when something doesn’t feel right.

At Brooks, LeBoeuf, Foster, Gwartney & Hobbs, P.A., we represent families in Tallahassee and beyond in cases involving abuse, neglect, and wrongful death in group homes and residential care settings. Our team has seen firsthand how often these rights are ignored and how devastating the consequences can be.

We know how to navigate Florida’s laws, uncover violations, and hold facilities accountable.

Talk to Someone Who Understands

If your loved one lives in a group home in Florida and you’re concerned their rights are being violated, we are here to listen. You don’t have to navigate this alone.

At Brooks, LeBoeuf, Foster, Gwartney & Hobbs, P.A., we proudly serve families in Tallahassee, throughout Leon County, and in surrounding communities with group homes such as Panama City, Lake City, Pensacola, and throughout the state. When group home abuse or neglect becomes a concern, we’re equipped to provide trusted legal guidance to clients across Florida.

We take pride in advocating for those who may not be able to advocate for themselves. To schedule a confidential consultation, contact Brooks, LeBoeuf, Foster, Gwartney & Hobbs, P.A. today. We’ll review what’s happening, explain your options, and help you take the next step forward.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not establish an attorney-client relationship. For advice specific to your situation, please consult a licensed Florida attorney.

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