Case plan developmentRule 8.400
Related statutes: § 39.6011 Case plan development. · § 39.6012 · § 39.602 · § 39.6021 · § 39.603
21 opinions cite Rule 8.400
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K.E. v. Department of Children & Families 958 So. 2d 968 · 5D06-3294 · 5th DCA 2007
· cited by 9 in all courts
Custody to the father and end of jurisdiction reversed because abandoning the reunification goal required a noticed case plan amendment and evidentiary hearing.
…at 899 . Further, this Court found that: The trial court's order was also erroneous because it had the effect of modifying the case plan. Florida Rule of Juvenile Procedure 8.400(b)(2) provides that if any party objects to the amendment of the case plan, the court must conduct an evidentiary hearing. In the present case, the mother was never…
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R.N. v. Department of Children & Families 25 So. 3d 697 · 5D09-1777 · 5th DCA 2010
· cited by 3 in all courts
Certiorari denied: the court could amend the father's case plan after a noticed evidentiary hearing on new domestic violence, without separate notice of amendment.
…are readily distinguishable because they were based on application of the former rule addressing the process for the amendment of case plans — Florida Rule of Juvenile Procedure 8.400(b). 2 In 2007, the case plan amendment rule was significantly modified and is now set forth in Rule 8.420. The new rule was adopted in response to…
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R.H. v. Department of Children & Families 948 So. 2d 898 · 5D06-1324 · 5th DCA 2007
· cited by 9 in all courts
Closing the case and giving the fathers custody without notice or a written motion violated due process; the case plan noncompliance finding stood.
…additional time to complete her case plan. The trial court's order was also erroneous because it had the effect of modifying the case plan. Florida Rule of Juvenile Procedure 8.400(b)(2) provides that if any party objects to the amendment of the case plan, the court must conduct an evidentiary hearing. In the present case, the *900 mother…
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S.M. v. Department of Children & Families 202 So. 3d 769 · SC15-2127 · Florida Supreme Court 2016
· cited by 37 in all courts
Supreme Court approved termination: least restrictive means does not require considering permanent guardianship instead of adoption once grounds and best interests shown.
…procedures for effectuating the legislative scheme beginning with the Shelter Petition (Rule 8.305), the Dependency Petition (Rule 8.310), the Case Plan (Rules 8.400, 8.401 and 8.410), and finally the Termination of Parental Rights Petition (Rule 8.500). Judicial reviews are provided for by statute, section 39.701, and…
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R.W. v. Department of Children & Families 189 So. 3d 978 · 3D15-2838 · 3rd DCA 2016
· cited by 7 in all courts
Termination affirmed; the judge's unobjected questioning of witnesses was not fundamental error, though impartiality was urged, and an unsigned case plan was not void.
…reversal of the order terminating her parental rights. It is true that a case plan “must be signed by all parties.” § 39.6011(3), Fla. Stat. (2015); Fla. R. Juv. P. 8.400 (e). And a parent’s signature on the case plan is evidence that the parent received the case plan and understood its terms. However, this does not mean that…
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Department of Children & Families v. Y.C. 82 So. 3d 1139 · 3D11-1899 · 3rd DCA 2012
· cited by 5 in all courts
Certiorari granted; the order forcing DCF to provide a case plan was invalid because it rested on a mother's default on her own dependency petition.
… (f) To be at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents or legal custodians. 10 . See Fla. R. Juv. P. 8.400(d)(1) ("The department shall prepare a draft of a case plan for each child receiving services under Chapter 39, Florida Statutes.”). 11 . Rule…
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H.G. v. Department of Children & Families 916 So. 2d 1006 · 4D04-4617 · 4th DCA 2006
· cited by 2 in all courts
Denial of reunification reversed: the mother substantially complied with the case plan, and tasks never added to it could not count against her.
…complied with the case plan. The reason for this conclusion is that the case plan was never amended to incorporate the judge's order. Florida Rule of Juvenile Procedure 8.400(b) permits a judge to amend a case plan at a hearing. Florida Statutes section 39.601(9)(f) requires that "competent evidence [support] the need for the…
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M.B. v. Department of Children & Families 785 So. 2d 1240 · 5D00-2722 · 5th DCA 2001
· cited by 2 in all courts
Dependency and disposition orders vacated: the feeding setback was inexperience, not neglect, and the court skipped required case plan, report and home study steps.
…court, served upon a parent, and provided to the GAL within 72 hours before the disposition hearing. See Fla. Stat. § 39.508 (1), (6), (9)(d) (2000); Fla. R. Juv. P. 8.400(a). 3. Failing to schedule a review hearing within 90 days after acceptance of case plan. See Fla. Stat. § 39.508 (7); Fla. R. Juv. P. 8.410(e). 4.…
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In re Amendments to the Florida Rules of Juvenile Procedure 26 So. 3d 552 · SC09-141 · Florida Supreme Court 2009
· cited by 7 in all courts
…the Department of Children and Families to develop and file with the court a case plan for each child receiving services. In accordance with this requirement, rule 8.400 (Case Plan Development) is amended to require that a case plan be filed and served on the parties three business days before a disposition or case plan review…
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In re Amendments to the Florida Rules of Juvenile Procedure 725 So. 2d 296 · SC93-3 · Florida Supreme Court 1998
· cited by 1 in all courts
…(c)(3), and (c)(6)-(7); rule 8.310(a)(2) and (a)(4)-(5); rule 8.315(d); rule 8.320(a)(l)-(2); rule 8.325(a)-(c); rule 8.340(a) and (c)(5)-(6); rule 8.345(b); rule 8.400(a), (a)(2), (a)(3)(B), and (c); rule 8.410(a), (b)(3)-(4), (c), and (e); rule 8.415(a)-©; rule 8.505(a)(2), (a)(7), and (b); rule 8.510(a)(3) and (b); rule…
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Amendments to the Florida Rules of Juvenile Procedure 894 So. 2d 875 · SC04-97 · Florida Supreme Court 2005
· cited by 1 in all courts
…in juvenile proceedings may need to be reviewed and possibly amended in the future, we adopt rule 8.257 as proposed at this time. 8 III. CASE PLANS Rule 8.400, Case Plans, is amended to add new subdivisions (b)(2) and (b)(3) to clarify the procedure for amending case plans. In M.W. v. Davis, 756 So.2d 90, 107 …
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In re Amendments to the Florida Rules of Juvenile Procedure – 2020 Fast-Track Report SC20-1153-2 · Florida Supreme Court 2020
…placement. Thus, we add new subdivision (c) (Change of Permanency Goal), to require that the court evaluate the child’s permanency goal. We also amend rule 8.400 (Case Plan Development) to address the legislative changes made to section 39.6011(5), Florida Statutes, by chapter 2020- 138, section 6, Laws of Florida.…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report SC19-1818 · Florida Supreme Court 2020
…§ 6, Laws of Fla. (amending § 39.407(6)(g)2., Fla. Stat. (2018)). -3- Subdivision (b) (Contents) of rule 8.400 (Case Plan Development) is amended to add a phrase regarding the parent’s responsibility to comply with the case plan no later than one year after removal…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2018 Fast-Track Report 249 So. 3d 1175 · SC18-1047 · Florida Supreme Court 2018
…§ 39.402(11)(c), Fla. Stat. (2017) effective July 1, 2018). -2- New subdivision (b)(6) is added to rule 8.400 (Case Plan Development) to require that if the parent is incarcerated, the case plan contain the list of services available to the parent at the facility.…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2017 Fast-Track Report 235 So. 3d 322 · SC17-2040 · Florida Supreme Court 2018
…constitutes consent to the court’s finding that the person contributed to the dependency status of the child. New subdivision (d)(9) is added to rule 8.400 (Case Plan Development) to require the Department of Children and Families (Department) to attach the child’s transition plan, if applicable, to the case…
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In re Amendments to the Florida Rules of Juvenile Procedure-2017 Fast-Track Report 235 So. 3d 322 · SC17-2040-2 · Florida Supreme Court 2018
…hearing constitutes consent to the court’s finding that the person contributed to the dependency status of the child. New subdivision (d)(9) is added to rule 8.400 (Case Plan Development) to require the Department of Children and Families (Department) to attach the child’s transition plan, if applicable, to the case…
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In re Amendments to Rules of Juvenile Proc. 951 So. 2d 804 · SC06-2151 · Florida Supreme Court 2007
· cited by 4 in all courts
…Evaluations, and Treatment); rule 8.257 (General Magistrates); rule 8.305 (Shelter Petition, Hearing, and Order); rule 8.330 (Adjudicatory Hearings); rule 8.400 (Case Plans); rule 8.410 (Approval of Case Plans); rule 8.415 (Judicial Review of Dependency Cases); form 8.929 (Detention Order); form 8.947 (Disposition…
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Amendments to the Rules of Juvenile Procedure 796 So. 2d 468 · SC00-1699 · Florida Supreme Court 2001
Supreme Court adopted new juvenile rule on attorneys ad litem and amended the shelter, case plan and TPR service rules to account for them.
…to this Court proposed amendments to the Rules of Juvenile Procedure, recommending an entirely new rule 8.217 and recommending changes to existing rules 8.305, 8.400, and 8.505. 1 This Court published the proposed amendments for comment in the October 1, 2000, edition of The Florida Bar News, but no comments were filed…
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In re Amendments to the Florida Rules of Civil Procedure 102 So. 3d 451 · SC11-399 · Florida Supreme Court 2012
· cited by 12 in all courts
… RULE 8.300.-RULE 8.305. [No Change] C. PETITION, ARRAIGNMENT, ADJUDICATION, AND DISPOSITION RULE 8.310.-RULE 8.355. [No Change] D.CASE PLANS RULE 8.400.-RULE 8.430. [No Change] E.TERMINATION OF PARENTAL RIGHTS RULE 8.500.-RULE 8.535. [No Change] PART HDV. PROCEEDINGS FOR FAMILIES AND CHILDREN IN NEED OF…
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Amendments to the Rules of Juvenile Procedure 783 So. 2d 138 · SC00-644 · Florida Supreme Court 2000
· cited by 8 in all courts
…parent or is deemed by the court to have achieved permanency with a relative or other adult and the child has been in the placement for at least 6 months. RULE 8.400. CASE PLANS (a) Department Responsibility. At least 72 hours prior to the disposition hearing, but no later than 60 days after removal of a child from the…
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In re Amendments to the Florida Rules of Juvenile Procedure 661 So. 2d 800 · SC85584 · Florida Supreme Court 1995
…rights cases, the foster parents would become parties. If custodians should be parties in a particular case, rule 8.210(b) would allow them to be parties. RULE 8.400. PERFORMANCE AGREEMENTSPARTICIPATORY CASE PLANS (a) Performance AgreementsCase Plans. Within 30 days after placement of a child in foster care the…
No opinion cites this provision by number.
Cited as rule 8.400 under earlier numbering (1)
These opinions cite a rule numbered 8.400 before that number meant this rule: before the rules were renumbered on July 1, 1991. They are about a different rule.
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DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.
No admin code rule cites Rule 8.400.
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(a) Case Planning Conference. The case plan must be developed in a face-to-face conference with the parents, the guardian ad litem, attorney ad litem and, if appropriate, the child and the temporary custodian of the child.
(b) Contents. The case plan must be written simply and clearly in English and the principal language of the parents, if possible. Each case plan must contain:
(1) a description of the problem being addressed, including the parent’s behavior or acts resulting in risk to the child and the reason for the intervention by the department;
(2) a permanency goal;
(3) if it is a concurrent plan, a description of the permanency goal of reunification with the parent or legal custodian and one of the remaining permanency goals;
(4) the date the compliance period expires;
(5) a written notice to the parent that it is the parent’s responsibility to take action to comply with the case plan so permanency with the child may occur within the shortest period of time possible, but no later than 1 year after removal or adjudication of the child; the parent must notify the parties and the court of barriers to completing case plan tasks within a reasonable time after discovering such barriers if the parties are not actively working to overcome them; failure of the parent to substantially comply with the case plan may result in the termination of parental rights, and that a material breach of the case plan by the parent’s action or inaction may result in the filing of a petition for termination of parental rights sooner than the expiration of the compliance period;
(6) a written notice to the parents and caregivers that it is their responsibility to take action to work together where it is safe to do so towards the success of the case plan; and
(7) if the parent is incarcerated, the list of services available at the facility.
(c) Expiration of Case Plan. The case plan compliance period expires no later than 12 months after the date the child was initially removed from the home or the date the case plan was accepted by the court, whichever occurs first.
(d) Department Responsibility.
(1) The department shall prepare a draft of a case plan for each child receiving services under Chapter 39, Florida Statutes.
(2) The department shall document, in writing, a parent’s unwillingness or inability to participate in the development of the case plan, provide the written documentation to the parent when available for the court record, and prepare a case plan.
(3) Before signing the case plan, the department must explain the provisions of the plan to all persons involved in its implementation, including, when appropriate, the child. The department shall ensure that the parent has contact information for all entities necessary to complete the tasks in the plan. The department must explain the strategies included in the plan which the parent can use to overcome barriers to case plan compliance and shall explain that if a barrier is discovered and the parties are not actively working to overcome such barrier, the parent must notify the parties and the court within a reasonable time after discovering such barrier.
(4) After the case plan has been developed, and before acceptance by the court, the department shall make the appropriate referrals for services that will allow the parents to begin the agreed- upon tasks and services immediately if the parents agree to begin compliance.
(5) The department must immediately give the parties, including the child if appropriate, a signed copy of the agreed-upon case plan.
(6) The department must prepare, but need not submit to the court, a case plan for a child who will be in care no longer than 30 days unless that child is placed in out of home care a second time within a 12-month period.
(7) The department must prepare a case plan for a child in out of home care within 60 days after the department removes the child from the home and shall submit the plan to the court before the disposition hearing for the court to review and approve.
(8) Not less than 3 business days before the disposition or case plan review hearing, the department must file a case plan with the court.
(9) After jurisdiction attaches, the department shall file with the court all case plans, including all case plans prepared before jurisdiction of the court attached. The department shall provide a copy of the case plans filed to all the parties whose whereabouts are known, not less than 3 business days before the disposition or case plan review hearing.
(10) The department must attach a copy of the child’s transition plan, if applicable, to the case plan.
(e) Signature. The case plan must be signed by all parties except the child, if the child is not of an age or capacity to participate in the case planning process.
(f) Service. Each party, including the child, if appropriate, must be provided with a copy of the case plan not less than 3 business days before the disposition or case plan review hearing. If the location of a parent is unknown, this fact must be documented in writing and included in the plan.
Amendments since the 1991 renumbering
From the Florida Bar edition's table of amending opinions. Where it lists a range of rules ("8.400–8.410"), each rule in the range today is listed.
- Eff. 2019-11-27 Amended · 286 So.3d 82
- Eff. 2009-11-12 Amended · 24 So.3d 47
- Eff. 2007-02-08 Amended · 951 So.2d 804
- Eff. 2005-01-27 Amended · 894 So.2d 875
- Eff. 2001-03-01 Amended · 796 So.2d 468
- Eff. 2001-01-01 Amended · 783 So.2d 138
- Eff. 1999-07-01 Amended · 753 So.2d 1214
- Eff. 1998-10-01 Amended · 725 So.2d 296
- Eff. 1995-09-28 Amended · 661 So.2d 800
- Eff. 1991-07-01 Amended · 589 So.2d 818