Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Approval of case plansRule 8.410

Part III · Dependency and Termination of Parental Rights Proceedings — D. Case Plans · Rules of Juvenile Procedure (October 1, 2026 ed.)

Related statutes: § 39.603 Court approvals of case planning. · § 39.6011 · § 39.6013 · § 39.521 · § 39.701

14 opinions cite Rule 8.410

  1. M.W. v. Davis 756 So. 2d 90 · SC95443 · Florida Supreme Court 2000

    Other This opinion cites Rule 8.410 3 times: (c), and the section generally

    · cited by 53 in all courts

    Certified question answered no: neither Chapter 39 nor the constitution requires a Baker Act hearing before placing a dependent child in residential mental health treatment.

    …adjudicatory hearings, disposition hearings, the initial approval of case plans and judicial reviews. See Fla. R. Juv. P. 8.300, 8.305, 8.330, 8.340, 8.410, 8.415. Even rule 8.410(c), which governs amendments to case plans, does not specify what type of hearing should be held and what type of evidence should be…

  2. Wofford v. Eid 671 So. 2d 859 · 4D95-2465 · 4th DCA 1996

    This opinion cites Rule 8.410 2 times: (b)(3), and the section generally

    · cited by 6 in all courts

    …above rules. The October 1992 hearing was conducted pursuant to rule 8.340, which is included in Part II.B. However, the trial court improperly relied upon rule 8.410, Florida Rules of Juvenile Procedure, as that rule falls within Part II. C., Foster Care, which was not involved in the 1992 or 1993 hearings. Frankly, I do…

  3. R.R. v. Department of Children & Families 3D22-0013 · 3rd DCA 2022

    Certiorari / writ granted This opinion cites Rule 8.410 1 time: (4)

    Certiorari granted quashing a case plan goal change to adoption because inadmissible hearsay is not competent evidence to amend a case plan under rule 8.420.

    …specifically, a case plan is initially approved based upon facts established at the adjudicatory hearing upon which the order of dependency is based. Fla. R. Juv. P. 8.410(4) (approval of a case plan must be based on “the facts, circumstances, and problems on which the court based its order of dependency for the child.”). The…

  4. S.M. v. Department of Children & Families 202 So. 3d 769 · SC15-2127 · Florida Supreme Court 2016

    Affirmed This opinion cites Rule 8.410 1 time, the section generally

    · 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.

    …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…

  5. C.B. v. Department of Children & Families 148 So. 3d 833 · 5D14-2578 · 5th DCA 2014

    This opinion cites Rule 8.410 1 time: (b)(4)

    …correctly concedes error because the evidence was insufficient to demonstrate that the father needs to participate in anger management counseling. See Fla. R. Juv. P. 8.410(b)(4) (“The case plan is meaningful and designed to address the facts, circumstances, and problems on which the court based its order of dependency for the…

  6. M.B. v. Department of Children & Families 785 So. 2d 1240 · 5D00-2722 · 5th DCA 2001

    Reversed & remanded This opinion cites Rule 8.410 1 time: (e)

    · 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.

    …(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. Allowing the predisposition report to be amended at the disposition hearing in violation of section 39.508(1) and (6) Florida Statutes, which requires…

  7. In re Amendments to the Florida Rules of Juvenile Procedure 26 So. 3d 552 · SC09-141 · Florida Supreme Court 2009

    Rule amendment This opinion cites Rule 8.410 6 times, the section generally

    · cited by 7 in all courts

    …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 hearing. Additionally, rule 8.410 (Approval of Case Plans) is amended to require the court to review the contents of the case plan at the disposition or case plan review hearing. Rule 8.505…

  8. In re Amendments to the Florida Rules of Juvenile Procedure 725 So. 2d 296 · SC93-3 · Florida Supreme Court 1998

    Rule amendment This opinion cites Rule 8.410 3 times: (a), (b)(3), and the section generally

    · cited by 1 in all courts

    …(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 8.515(a)(2) and (a)(4)-(5); rule 8.520(d); rule…

  9. In re Amendments to Rules of Juvenile Proc. 951 So. 2d 804 · SC06-2151 · Florida Supreme Court 2007

    Rule amendment This opinion cites Rule 8.410 2 times, the section generally

    · cited by 4 in all courts

    …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 Order-Delinquency); form…

  10. Amendments to the Florida Rules of Juvenile Procedure 894 So. 2d 875 · SC04-97 · Florida Supreme Court 2005

    Rule amendment This opinion cites Rule 8.410 2 times, the section generally

    · cited by 1 in all courts

    …each party to present evidence and information as permitted by rule 8.340(a), Disposition Hearings; Information Available to Court. Subdivision (b)(4) of rule 8.410, Approval of Case Plans, is amended to clarify what findings a court must make in approving a case plan with a goal of reunification with the parents. We…

  11. Amendment to Rules of Juvenile Proc. 8.350 804 So. 2d 1206 · SC00-2044 · Florida Supreme Court 2001

    Rule amendment Other This opinion cites Rule 8.410 1 time: (c)

    · cited by 4 in all courts

    Supreme Court adopts rule 8.350 setting procedures, including hearings and guardian ad litem appointment, for placing a dependent child in residential mental health treatment.

    …of the disagreement as to what procedures should be followed when the case plan is amended, we further request that the Juvenile Court Rules Committee review rule 8.410(c), governing the amendment of case plans, to determine if clarification is required. (Emphasis supplied) (footnote omitted). Shortly after this Court…

  12. Amendments to the Rules of Juvenile Procedure 783 So. 2d 138 · SC00-644 · Florida Supreme Court 2000

    Rule amendment This opinion cites Rule 8.410 1 time, the section generally

    · cited by 8 in all courts

    …at least 72 hours before the disposition hearing. If the location of a parent is unknown, this fact must be documented in writing and included in the plan. RULE 8.410. APPROVAL OF CASE PLANS (a) Hearing. The court shall review the contents of the case plan at the disposition hearing unless a continuance for the filing of…

  13. Amendments to the Florida Rules of Juvenile Procedure 684 So. 2d 756 · SC87656 · Florida Supreme Court 1996

    Rule amendment This opinion cites Rule 8.410 1 time, the section generally

    · cited by 1 in all courts

    …This new rule provides a procedure for permanent placement plans consistent with law. Sections on service and hearing were taken from old rule 8.800. RULE 8.410. JUDICIAL REVIEW OF CASE PLANS (a) Hearing. Upon receipt of the case plan, the court shall set, within 30 days, a hearing to review the contents of the…

  14. In re Amendments to the Florida Rules of Juvenile Procedure 661 So. 2d 800 · SC85584 · Florida Supreme Court 1995

    Rule amendment This opinion cites Rule 8.410 1 time, the section generally

    …This new rule provides a procedure for permanent placement plans consistent with law. Sections on service and hearing were taken from old rule 8.800. RULE 8.410. JUDICIAL REVIEW OF INITIAL PERFORMANCE-AGREEMENT — QR-PERMANENT PLACEMENT RLANCASE PLANS (a) Hearing. Upon receipt of the performance agreement-or…

Cited as rule 8.410 under earlier numbering (1)

These opinions cite a rule numbered 8.410 before that number meant this rule: before the rules were renumbered on July 1, 1991, or before this rule was adopted (effective 1991-07-01). They are about a different rule.

0 admin code rules cite Rule 8.410

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.

No admin code rule cites Rule 8.410.

0 CFOPs cite Rule 8.410

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No CFOP cites Rule 8.410.

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(a) Hearing. The court shall review the contents of the case plan at the disposition or case plan review hearing unless a continuance for the filing of the case plan has been granted by the court.

(b) Determinations by Court. At the hearing, the court shall determine if:

(1) The plan is consistent with the previous orders of the court placing the child in care.

(2) The plan is consistent with the requirements for the content of a case plan as provided by law.

(3) The parents were advised of their right to have counsel present at all prior hearings and the parents were advised of their right to participate in the preparation of the case plan and to have counsel or any other person assist in the preparation of the case plan.

(4) The case plan is meaningful and designed to address the facts, circumstances, and problems on which the court based its order of dependency for the child.

(5) The plan adequately addresses the goals and needs of the child.

(c) Amendment of Initial Case Plan. During the hearing, if the court determines that the case plan does not meet statutory requirements and include previous court orders, it shall order the parties to make amendments to the plan. The amended plan must be submitted to the court within 30 days for another hearing and approval. A copy of the amended plan must be provided to each party, if the location of the party is known, at least 3 business days before filing with the court. If the parties do not agree on the final terms, the court shall order those conditions and tasks it believes must be accomplished to obtain permanency for the child. In addition, the court may order the department to provide those services necessary to assist in achieving the goal of the case plan.

(d) Entry of Findings. The court shall enter its findings with respect to the review of the case plan in writing and make specific findings on each element required by law to be included in a case plan.

(e) Review Hearing. The court will set a hearing to review the performance of the parties to the case plan no later than 90 days after the disposition hearing or the hearing at which the case plan was approved, 6 months from the date on which the child was removed from the home, or 6 months from the date of the last judicial review, whichever comes first.

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.