Dependency Law Finder

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

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Judicial review of dependency casesRule 8.415

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

Related statutes: § 39.701 Judicial review. · § 39.01305 · § 39.6251 · § 39.6035 · § 39.4024

39 opinions cite Rule 8.415

  1. C.F. v. Department of Children & Families 822 So. 2d 571 · 5D02-412 · 5th DCA 2002

    Reversed & remanded This opinion cites Rule 8.415 3 times: (f), (f)(2), (f)(7)

    · cited by 4 in all courts

    Long-term custody order reversed because the case plan goal remained reunification, the plan was never validly amended, and the review misjudged the mother's compliance.

    …this case, the court must find that all of the statutory conditions are met and enter an order reflecting its findings. See § 39.622 Fla. Stat. (2001); Fla. R. Juv. P. 8.415(f)(7). These conditions include the submission of a case plan that does "not include reunification with the parents or adoption by the relative or other adult." §§…

  2. Department of Children & Family Services v. A.H. 768 So. 2d 1175 · 2D00-248 · 2nd DCA 2000

    Reversed & remanded This opinion cites Rule 8.415 3 times: (e)(2), (e)(7)

    DCF had adequate notice that reunification could be ordered at the judicial review, but the order is reversed for lacking the required written findings.

    …have been remedied to the extent that the child’s safety, well-being, and physical, mental, and emotional health will not be endangered. See also Fla. R. Juv. P. 8.415(e)(2). Thus, the trial court was authorized to order reunification at the judicial review hearing. However, that order must be in accordance with Florida Rule of…

  3. T.M.W. v. Department of Children & Families 4D21-0948 · 4th DCA 2021

    Reversed & remanded This opinion cites Rule 8.415 2 times, the section generally

    Permanent guardianship order reversed because the hearing was noticed as a judicial review, not a permanency hearing, denying the mother fair notice and due process.

    …interchangeably. Each is subject to its own governing statutes and procedural rule. Relevant to this case, judicial reviews are governed by Florida Rule of Juvenile Procedure 8.415 (“Judicial Review of Dependency Cases”) and section 39.701, Florida Statutes (2021) (“Judicial review”). Neither the rule nor the statute on judicial reviews…

  4. B.D.E. v. Department of Children & Families 829 So. 2d 359 · 1D02-0563 · 1st DCA 2002

    Affirmed This opinion cites Rule 8.415 2 times: (f)(2)

    · cited by 7 in all courts

    Order leaving the disabled child in the grandmother's long-term custody affirmed; despite the mother's case-plan compliance, return would be detrimental to the child.

    …will not be detrimental to the child's safety, well-being, and physical, mental, and emotional health." § 39.701(8)(b), Fla. Stat. (2001); see Fla. R. Juv. P. 8.415(f)(2). Inasmuch as the trial court was not so satisfied for reasons it adequately set forth in findings supported by the evidence, we affirm. I. F.E. was…

  5. In re M.C. 796 So. 2d 566 · 2D01-168 · 2nd DCA 2001

    Reversed & remanded This opinion cites Rule 8.415 2 times: (f), (f)(2)

    · cited by 3 in all courts

    Order denying the mother's motion to reopen and ending supervision reversed; a judicial review aimed at reunification and full due process is required.

    …case plan. Accordingly, we reverse the November 8, 2000, order and direct the trial court to conduct a judicial review in compliance with Florida Rule of Juvenile Procedure 8.415(f) and section 39.701, Florida Statutes (2000). The trial court shall ensure that P.D. is afforded full due process. Because the 1995 case plan goal is…

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

    Certiorari / writ granted This opinion cites Rule 8.415 1 time: (5)

    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.

    …of hearings, none of which are hearings to change case plans. See Fla. R. Juv. P. 8.305(5) (hearing to determine probable cause at a shelter hearing); Fla. R. Juv. P. 8.415(5) (hearing to conduct a judicial review of progress and compliance with case plan, which does not involve, but may trigger a hearing to amend the case plan);…

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

    Affirmed This opinion cites Rule 8.415 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.

    …the Termination of Parental Rights Petition (Rule 8.500). Judicial reviews are provided for by statute, section 39.701, and embedded throughout the process (Rule 8.415). For termination to occur, section 39.806, Florida Statutes, requires that the trial court find by clear and convincing evidence that one or more of…

  8. J.B. v. Department of Children & Family Services 130 So. 3d 753 · 2D13-4044 · 2nd DCA 2014

    Reversed & remanded This opinion cites Rule 8.415 1 time, the section generally

    · cited by 6 in all courts

    Permanent guardianship reversed because a judicial review hearing was not noticed as a permanency hearing, and the form order lacked evidence and required findings.

    …apparently abandoned the goal of reunification and decided to seek a permanent guardianship. The hearing, however, was noticed under Florida Rule of Juvenile Procedure 8.415 as a judicial review; it was not noticed as a permanency hearing under Florida Rule of Juvenile Procedure 8.425, much less as a permanency hearing at which…

  9. C.D. v. Department of Children & Families 974 So. 2d 495 · 1D06-6397 · 1st DCA 2008

    Reversed & remanded This opinion cites Rule 8.415 1 time: (f)(5)

    · cited by 19 in all courts

    Denial of reunification and permanent guardianship reversed: the order lacked required findings and evidence did not overcome the presumption favoring a substantially compliant mother.

    …and REMAND for reunification of the children with the mother and reinstatement of the Department's supervision. See T.F., 881 So.2d at 703 ; Fla. R. Juv. P. 8.415(f)(5) (2006). No further motions for rehearing will be entertained. The Clerk is directed to issue the mandate forthwith. DAVIS and ROBERTS, JJ., concur. …

  10. Mother v. Department of Children & Families 954 So. 2d 1270 · 1D06-4573 · 1st DCA 2007

    This opinion cites Rule 8.415 1 time: (f)(10)

    …her case plan was amended from reunification to adoption with respect to five of her nine dependent children. Contrary to the requirements of Florida Rule of Juvenile Procedure 8.415(f)(10), as then in effect, the trial court did not include in its order sufficient findings concerning whether the appellant failed to substantially comply with her…

  11. H.G. v. Department of Children & Families 916 So. 2d 1006 · 4D04-4617 · 4th DCA 2006

    Reversed & remanded This opinion cites Rule 8.415 1 time: (f)(2)

    · 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.

    …"safety, well-being, and physical, mental, and emotional health," or otherwise not be in the child's best interest. § 39.522(2), Fla. Stat.; see also Fla. R. Juv. P. 8.415(f)(2). Reversed and Remanded with instructions. STEVENSON, C.J., TAYLOR and HAZOURI, JJ., concur. NOTES [1] According to DCF's amended case plan, the…

  12. D.S. v. Department of Children & Families 900 So. 2d 628 · 5D04-739 · 5th DCA 2005

    Reversed & remanded This opinion cites Rule 8.415 1 time: (f)(2)

    · cited by 9 in all courts

    Closing the case with permanent custody to the fathers reversed; the mother substantially complied and got no time to complete an added evaluation.

    …T.A. and D.B.'s safety, well-being, and physical, mental, and emotional health would be endangered by their reunification with the mother. See also Fla. R. Juv. P. 8.415(f)(2)(court must find that parents have substantially complied with the case plan, and the court "shall" return the child to the custody of the parents if the court…

  13. T.F. v. Department of Children & Family Services 881 So. 2d 702 · 1D03-5439 · 1st DCA 2004

    Reversed & remanded This opinion cites Rule 8.415 1 time: (f)(5)

    · cited by 4 in all courts

    Long-term relative placement reversed; the mother's unrebutted case plan compliance required reunification, and the court relied on unsworn assertions and hearsay.

    …trial court's order is REVERSED and REMANDED for reunification of the children with the mother and reinstatement of the Department's supervision, see Fla. R. Juv. P. 8.415(f)(5). DAVIS, LEWIS and POLSTON, JJ., CONCUR.

  14. Department of Children & Families v. J.L. 834 So. 2d 360 · 5D02-2177 · 5th DCA 2003

    Affirmed This opinion cites Rule 8.415 1 time: (f)(7)

    DCF's appeal affirmed without opinion; a concurrence said DCF was probably right about delaying a termination plan but the issue was largely moot.

    …of the Appellant, Department of Children and Families, is probably correct. Certainly the trial judge failed to make the required written findings. Fla. R. Juv. P. 8.415(f)(7). It is plain on the record, however, why the judge decided to delay the implementation of a plan for termination of parental rights. The mother, who is a…

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

    Other This opinion cites Rule 8.415 1 time, 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 received…

  16. In re Amendments to the Florida Rules of Juvenile Procedure - 2021 Fast-Track Report SC21-1681-2 · Florida Supreme Court 2022

    Rule amendment This opinion cites Rule 8.415 4 times, the section generally

    …case status hearing, and new subdivision (b)(2)(D) specifies when a court must conduct a hearing and issue an order to effectuate a change of custody. Rule 8.415 (Judicial Review of Dependency Cases) is amended to address recent legislative changes to section 39.701(3), Florida Statutes (2021), which now requires a…

  17. In re Amendments to the Florida Rules of Juvenile Procedure - 2021 Fast-Track Report SC21-1681 · Florida Supreme Court 2022

    Rule amendment This opinion cites Rule 8.415 4 times, the section generally

    …case status hearing, and new subdivision (b)(2)(D) specifies when a court must conduct a hearing and issue an order to effectuate a change of custody. Rule 8.415 (Judicial Review of Dependency Cases) is amended to address recent legislative changes to section 39.701(3), Florida Statutes (2021), which now requires a…

  18. In re Amendments to the Florida Rules of Juvenile Procedure – Corrected Opinion SC15-150-4 · Florida Supreme Court 2016

    Rule amendment This opinion cites Rule 8.415 4 times: (c)(4), and the section generally

    …(a) to refer specifically to section 39.01305, Florida Statutes. We have similarly modified the Committee’s proposed amendments to rules 8.305(a), 8.310(a)(6), and 8.415(c)(4) to refer to section 39.01305. -3- Also in response to the comments and as proposed by the Committee,…

  19. In re Amendments to the Florida Rules of Juvenile Procedure SC15-150 · Florida Supreme Court 2016

    Rule amendment This opinion cites Rule 8.415 4 times: (c)(4), and the section generally

    …(a) to refer specifically to section 39.01305, Florida Statutes. We have similarly modified the Committee’s proposed amendments to rules 8.305(a), 8.310(a)(6), and 8.415(c)(4) to refer to section 39.01305. -3- Also in response to the comments and as proposed by the Committee,…

  20. In re Amendments to the Florida Rules of Juvenile Procedure 191 So. 3d 257 · SC15-150-2 · Florida Supreme Court 2016

    Rule amendment This opinion cites Rule 8.415 4 times: (c)(4), and the section generally

    …dependency petition to identify each child who has a special need requiring the appointment of counsel, as defined in section 39.01305, Flórida Statutes. In rule 8.415 (Judicial Review of Dependency Cases), subdivision (c) (Report) is amended to add a new subdivision (c)(4), which provides that the Florida Department of…

  21. In re Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation SC2024-1093 · Florida Supreme Court 2024

    Rule amendment This opinion cites Rule 8.415 3 times: (b)(3), (b)(4), and the section generally

    … Further, consistent with the language added to section 39.701(3), Florida Statutes (2023), by section 24 of chapter 2024- 70, Laws of Florida, we amend rule 8.415(b)(3) (Scheduling Hearings; Review Hearings for Children 16 Years of Age) to require the court to provide not just the child but also the guardian ad litem the…

  22. In re Amendments to the Florida Rules of Juvenile Procedure – Corrected Opinion SC15-150-3 · Florida Supreme Court 2015

    Rule amendment This opinion cites Rule 8.415 3 times, the section generally

    …petition. See ch. 2014-224, § 13, Laws of Fla. (amending § 39.501(3)(d), Fla. Stat.). The amendment to subdivision (b) (Scheduling Hearings) of rule 8.415 (Judicial Review of Dependency Cases) requires the order removing the disability of nonage of the child to remove disabilities of nonage “pursuant to…

  23. In re Amendments to the Florida Rules of Juvenile Procedure 158 So. 3d 523 · SC15-150-5 · Florida Supreme Court 2015

    Rule amendment This opinion cites Rule 8.415 3 times, the section generally

    · cited by 4 in all courts

    …petition. See ch. 2014-224, § 13, Laws of Fla. (amending § 39.501(3)(d), Fla. Stat.). The amendment to subdivision (b) (Scheduling Hearings) of rule 8.415 (Judicial Review of Dependency Cases) requires the order removing the disability of nonage of the child to remove disabilities of nonage “pursuant to…

  24. Amendments to the Florida Rules of Juvenile Procedure 898 So. 2d 47 · SC04-1653 · Florida Supreme Court 2005

    Rule amendment This opinion cites Rule 8.415 3 times, the section generally

    …three rules and two forms: Rule 8.041, Witness Attendance and Subpoenas, Rule 8.225, Process, Diligent Searches, and Service of Pleadings and Papers, Rule 8.415, Judicial Review of Dependency-Cases, Form 8.929, Detention Order, and Form 8.947, Disposition Order — Delinquency. The proposals were published by The…

  25. In re Amendments to the Florida Rules of Juvenile Procedure – 2020 Fast-Track Report SC20-1153-2 · Florida Supreme Court 2020

    Rule amendment This opinion cites Rule 8.415 2 times, the section generally

    …notice to the parents and caregivers to apprise them that it is their responsibility to work together to achieve the case plan. Finally, we amend rule 8.415 (Judicial Review of Dependency Cases) to address the legislative changes made to section 39.701, Florida Statutes, by chapter 2020-138, section 7, Laws of…

  26. In re Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report SC19-1818 · Florida Supreme Court 2020

    Rule amendment This opinion cites Rule 8.415 2 times, the section generally

    …case plan within a reasonable time. See id. The subsequent paragraphs of subdivision (d) are renumbered accordingly. Existing subdivision (f)(6) of rule 8.415 (Judicial Review of Dependency Cases) is renumbered to (f)(7) to accommodate new subdivision (f)(6). New subdivision (f)(6) is added to require that when…

  27. In re Amendments to the Florida Rules of Juvenile Procedure - 2018 Fast-Track Report 249 So. 3d 1175 · SC18-1047 · Florida Supreme Court 2018

    Rule amendment This opinion cites Rule 8.415 2 times, the section generally

    …parent at the facility. See ch. 2018-45, § 1, Laws of Fla. (creating § 39.6021(1), Fla. Stat.). Two sentences are added to subdivision (i)(1) of rule 8.415 (Judicial Review of Dependency Cases) that require the court to consider, at the judicial review hearing, “the level of the parent or legal custodian’s…

  28. In re Amendments to the Florida Rules of Juvenile Procedure - 2017 Fast-Track Report 235 So. 3d 322 · SC17-2040 · Florida Supreme Court 2018

    Rule amendment This opinion cites Rule 8.415 2 times, the section generally

    …plan to the case -3- plan. The amendment to subdivision (b)(3) (Review Hearings for Children 17 Years of Age) of rule 8.415 (Judicial Review of Dependency Cases) requires the Department to update the child’s transition plan before each judicial review hearing and requires the…

  29. 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

    Rule amendment This opinion cites Rule 8.415 2 times, the section generally

    …to attach the young adult’s transition plan to the case plan. The amendment to subdivision (b)(3) "(Review Hearings for Children 17 Years of Age) of rule 8.415 (Judicial Review of Dependency Cases) requires the Department to update the child’s transition plan before each judicial review hearing and 'requires the…

  30. In re Amendments to Florida Rules of Juvenile Procedure 136 So. 3d 508 · SC13-2385 · Florida Supreme Court 2014

    Rule amendment This opinion cites Rule 8.415 2 times, the section generally

    …to recent statutory changes. See Fla. R. Jud. Admin. 2.140(e). We have jurisdiction.1 The Committee proposes amendments to current Florida Rule of Juvenile Procedure 8.415 and form 8.973, and the deletion of forms 8.971 and 8.972. The Committee also proposes new rules 8.401 and 8.435, and several new forms. The amended and new…

  31. In re Amendments to the Florida Rules of Juvenile Procedure 101 So. 3d 368 · SC12-1605 · Florida Supreme Court 2012

    Rule amendment This opinion cites Rule 8.415 2 times, the section generally

    · cited by 1 in all courts

    …type. The amendments to rules 8.201, 8.425, 8.500, and 8.510, and form 8.980 shall take effect immediately upon the release of this opinion. The amendment to rule 8.415 will take effect on January 1, 2013, at 12:01 a.m. Because the amendments were not published for comment prior to their adoption, interested persons shall…

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

    Rule amendment This opinion cites Rule 8.415 2 times, the section generally

    · cited by 4 in all courts

    …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 8.950 (Restitution Order); form 8.951…

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

    Rule amendment This opinion cites Rule 8.415 2 times, the section generally

    · cited by 1 in all courts

    …by all parties and approved by the court.” This amendment requires dependency media-tions to comply with statutory time requirements. Subdivision (f)(6) of rule 8.415, Judicial Review of Dependency Cases, is amended to remove a provision that allows commitment of a child to a licensed child-placing agency for adoption. This…

  34. 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 8.415 2 times: (a), and the section generally

    · cited by 1 in all courts

    …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 8.525(i)(A); and rule 8.535(c). We…

  35. In re Amendments to the Florida Rules of Juvenile Procedure 648 So. 2d 115 · SC84336 · Florida Supreme Court 1994

    Rule amendment This opinion cites Rule 8.415 2 times, the section generally

    …address), which implements changes passed by the legislature during the 1994 session to section 39.4057 of the Florida Statutes; and proposed an amendment to rule 8.415 (judicial review hearings), to implement additional 1994 legislative changes to sections 39.451, 39.452, and 39.453, of the Florida Statutes. The proposed…

  36. In re Amendments to Rules of Juvenile Proc. 915 So. 2d 592 · SC05-1303-2 · Florida Supreme Court 2005

    Rule amendment This opinion cites Rule 8.415 1 time, the section generally

    · cited by 1 in all courts

    …the department do so, it must seek court authorization for the continued administration of the medication as required in subdivision (a) of this rule. RULE 8.415. JUDICIAL REVIEW OF DEPENDENCY CASES (a)—(e) [No change] (f) Court Action. (1)—(7) [No change] (8) If a youth in the legal custody of the department…

  37. Amendments to Florida Rules of Juvenile Procedure 8.135 & 8.510 816 So. 2d 536 · SC01-1937 · Florida Supreme Court 2002

    Rule amendment This opinion cites Rule 8.415 1 time: (d)

    · cited by 3 in all courts

    …case plan requirements; section 39.701(6)(b), Florida Statutes (2001), judicial review of child’s status; rule 8.215(c)(1), report of guardian ad litem; and rule 8.415(d), judicial review of dependency cases. We hereby adopt the amendments to rules 8.135 and 8.510, as reflected in the appendix. New language is indicated by…

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

    Rule amendment This opinion cites Rule 8.415 1 time, the section generally

    · cited by 8 in all courts

    …a hearing within 45 days, lists the criteria the court must consider in reviewing the agreement or plan, and provides procedures following the hearing. RULE 8.415. JUDICIAL REVIEW OF DEPENDENCY CASES (a) Required Review. All dependent children shall have their status reviewed as provided by law. (b) Scheduling…

  39. In re Amendments to the Florida Rules of Juvenile Procedure 608 So. 2d 478 · SC79591 · Florida Supreme Court 1992

    Rule amendment This opinion cites Rule 8.415 1 time, the section generally

    · cited by 8 in all courts

    …protect the health, safety, and well-being of the child. Committee Notes 1992 Amendment. Dismissal of a petition is not appropriate after adjudication. RULE 8.415. JUDICIAL REVIEW OF CHILDREN IN FOSTER CARE (a) Required Review. Children in foster care shall have their status reviewed as provided by law. (ab)…

Cited as rule 8.415 under earlier numbering (1)

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(a) Required Review. All dependent children must have their status reviewed as provided by law. Any party may petition the court for a judicial review as provided by law.

(b) Scheduling Hearings.

(1) Initial Review Hearing. The court must determine when the first review hearing must be held and the clerk of the court must immediately schedule the review hearing. In no case may the hearing be scheduled for later than 6 months from the date of removal from the home or 90 days from the disposition or case plan approval hearing, whichever comes first. In every case, the court must conduct a judicial review at least every 6 months.

(2) Subsequent Review Hearings. At each judicial review hearing, the court must schedule the next judicial review hearing which must be conducted within 6 months. The clerk of the court, at the judicial review hearing, must provide the parties, the social service agency charged with the supervision of care, custody, or guardianship of the child, the foster parent or caregiver in whose home the child resides, any preadoptive parent, and such other persons as the court may direct with written notice of the date, time, and location of the next judicial review hearing.

(3) Review Hearings for Children 16 Years of Age. The court must provide the child and the guardian ad litem the opportunity to address the court and must review the child’s independent living transition services. The foster parent, legal custodian, or guardian ad litem may also provide any information relevant to the child’s best interest to the court. At the first hearing after the child’s 16th birthday, the court must inquire about the life skills the child has acquired and whether they are age-appropriate, and the department must provide a report that includes specific information as to the life skills the child has acquired since the child’s 13th birthday, or since the child came into foster care, whichever came later.

(4) Review Hearings for Children 17 Years of Age. The court must hold a judicial review hearing within 90 days after a child’s 17th birthday. The court must also issue an order, separate from the order on judicial review, that the specific disabilities of nonage of the child have been removed under sections 743.044, 743.045, 743.046, and 743.047, Florida Statutes, as well as any other disabilities of nonage that the court finds to be in the child’s best interest to remove. The court must continue to hold timely judicial review hearings. The department must update the child’s transition plan before each judicial review hearing as required by law. If necessary, the court may review the status of the child more frequently during the year before the child’s 18th birthday. At the last review hearing before the child reaches 18 years of age, the court must also address whether the child plans to remain in foster care, and, if so, ensure that the child’s transition plan complies with the law. It must also determine whether the child has entered into a formal agreement with a supportive adult. The court must approve the child’s transition plan before the child’s 18th birthday.

(5) Review Hearings for Young Adults in Foster Care. The court must review the status of a young adult at least every six months and must hold a permanency review hearing at least annually while the young adult remains in foster care. The young adult or any other party to the dependency case may request an additional hearing or judicial review.

(c) Report. In all cases, the department or its agent must prepare a report to the court. The report must contain facts showing the court to have jurisdiction of the cause as a dependency case. It must contain information as to the identity and residence of the parent, if known, and the caregiver, the dates of the original dependency adjudication and any subsequent judicial review proceedings, the results of any safe-harbor placement assessment including the status of the child’s placement, and a request for one or more of the following forms of relief:

(1) that the child’s placement be changed;

(2) that the case plan be continued to permit the parents or social service agency to complete the tasks assigned to them in the agreement;

(3) that proceedings be instituted to terminate parental rights and legally free the child for adoption; or

(4) that the child has a special need as defined in section 39.01305, Florida Statutes, who is not represented by an attorney, and who requires appointment of an attorney.

(d) Service. A copy of the report containing recommendations and, if not previously provided by the court, a notice of review hearing must be served on all persons who are required by law to be served at least 72 hours before the judicial review hearing.

(e) Information Available to Court. At the judicial review hearing the court may receive any relevant and material evidence pertinent to the cause. This must include written reports required by law and may include, but must not be limited to, any psychiatric or psychological evaluations of the child or parent, caregiver that may be obtained and that are material and relevant. This evidence may be received by the court and relied on to the extent of its probative value, even though it may not be competent in an adjudicatory hearing.

(f) Court Action.

(1) The court must hold a hearing to review the compliance of the parties with the case plan and to determine what assigned tasks were and were not accomplished and the reasons for any noncompliance. The court must also determine the frequency, kind, and duration of contracts among siblings who have been separated during placement, as well as any efforts undertaken to reunite separated siblings, if doing so is in the best interest of each child.

(2) If the court determines that the circumstances that caused the out-of-home placement, and any issues subsequently identified, have been remedied to the extent that returning the child to the home with an in-home safety plan prepared or approved by the department will not be detrimental to the child’s safety, well- being, and physical, mental, and emotional health, the court must return the child to the custody of the parents.

(3) If the court finds that the social service agency has not complied with its obligations, the court may find the social service agency to be in contempt, must order the social service agency to submit its plan for compliance with the case plan, and must require the social service agency to show why the child could not be safely returned to the home of the parents. If the court finds that the child could not be safely returned to the parents, it must extend the case plan for a period of not more than 6 months to allow the social service agency to comply with its obligations under the case plan.

(4) At any judicial review held under section 39.701(3), Florida Statutes, if, in the opinion of the court, the department has not met its obligations to the child as stated in the written case plan or in the provision of independent living services, the court may issue an order directing the department to show cause as to why it has not done so. If the department cannot justify its noncompliance, the court may give the department 30 days within which to comply and, on failure to comply, the court may hold the department in contempt.

(5) The court must appoint an attorney to represent a child with special needs as required by rule 8.231, and who is not already represented by an attorney.

(6) If, at any judicial review, the court determines that the child must remain in out-of-home care in a placement other than with a parent, the court must order that the department has placement and care responsibility for the child.

(7) The court must enter a written order on the conclusion of the review hearing including a statement of the facts, those findings it was directed to determine by law, a determination of the future course of the proceedings, and the date, time, and place of the next hearing.

(8) When a young adult is in extended foster care, each judicial review order must provide that the department has placement and care responsibility for the young adult. When a young adult is in extended foster care, the court must enter an order at least every 12 months that includes a finding of whether the department has made reasonable efforts to finalize the permanency plan currently in effect.

(g) Jurisdiction.

(1) When a child is returned to the parents, the court must not terminate its jurisdiction over the child until 6 months after the return. Based on a report of the department and any other relevant factors, the court must then determine whether jurisdiction should be continued or terminated. If its jurisdiction is to be terminated, it must enter an order to that effect. The court must retain jurisdiction over a child if the child is placed in the home with a parent or caregiver with an in-home safety plan and such safety plan remains necessary for the child to reside safely in the home.

(2) When a child has not been returned to the parent, but has been permanently committed to the department for subsequent adoption, the court must continue to hold judicial review hearings on the status of the child at least every 6 months until the adoption is finalized. These hearings must be held in accordance with these rules.

(3) If a young adult petitions the court at any time before his or her 19th birthday requesting the court’s continued jurisdiction, the court may retain or reinstate jurisdiction for a period of time not to continue beyond the date of the young adult’s 19th birthday for the purpose of determining whether appropriate services that were required to be provided to the young adult before reaching 18 years of age have been provided.

(4) If a young adult has chosen to remain in extended foster care after he or she has reached 18 years of age, the department may not close a case and the court may not terminate jurisdiction until the court finds, following a hearing, that the appropriate statutory criteria have been met.

(5) If the young adult elects to voluntarily leave extended foster care for the sole purpose of ending a removal episode and immediately thereafter executes a voluntary placement agreement with the department to reenroll in extended foster care, the court must enter an order finding that the prior removal episode has ended. Under these circumstances, the court maintains jurisdiction and a petition to reinstate jurisdiction as provided by law is not required. When a young adult enters extended foster care by executing a voluntary placement agreement, the court must enter an order within 180 days after execution of the agreement that determines whether the placement is in the best interest of the young adult.

(6) If a petition for special immigrant juvenile status and an application for adjustment of status have been filed on behalf of a foster child and the petition and application have not been granted by the time the child reaches 18 years of age, the court may retain jurisdiction solely for the purpose of allowing the continued consideration of the petition and application by federal authorities. Review hearings must be set solely for the purpose of determining the status of the petition and application. The court’s jurisdiction must terminate on the final decision of the federal authorities, or on the immigrant child’s 22nd birthday, whichever occurs first.

(h) Administrative Review. The department, under a formal agreement with the court in particular cases, may conduct administrative reviews instead of judicial reviews for children in out-of-home placement. Notice must be provided to all parties. An administrative review may not be substituted for the first judicial review or any subsequent 6-month review. Any party may petition the court for a judicial review as provided by law.

(i) Concurrent Planning.

(1) At the initial judicial review hearing, the court must make findings regarding the likelihood of the child’s reunification with the parent or legal custodian within 12 months after the removal of the child from the home. In making such findings, the court must consider the level of the parent or legal custodian’s compliance with the case plan and demonstrated change in protective capacities compared to that necessary to achieve timely reunification within 12 months after the removal of the child from the home. The court must also consider the frequency, duration, manner, and level of engagement of the parent or legal custodian’s visitation with the child in compliance with the case plan.

(2) If the court makes a written finding that it is not likely that the child will be reunified with the parent or legal custodian within 12 months after the child was removed from the home, the department must file a motion to amend the case plan and declare that it will use concurrent planning for the case plan.

(3) The department must file the motion to amend the case plan no later than 10 business days after receiving the written finding of the court and attach the proposed amended case plan to the motion.

(4) If concurrent planning is already being used, the case plan must document the efforts the department is making to complete the concurrent goal.

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.

Committee notes (2)

1991 Adoption. The rule allows for certain forms of relief pertinent to foster care review. It allows the court to order commencement of a termination of parental rights proceeding if the parents are not in compliance. The court is also permitted to extend or modify the plan.

2022 Amendment. Section (b) of this rule was amended in response to ch. 2021-169, Laws of Florida.