Case plan amendmentsRule 8.420
Related statutes: § 39.6013 Case plan amendments. · § 39.6021 · § 39.6011 · § 39.6012
9 opinions cite Rule 8.420
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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.
…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 the Legislature’s enactment of section 39.6013, Florida Statutes (2006). 3 *700 See In re…
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R.R. v. Department of Children & Families 3D22-0013 · 3rd DCA 2022
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.
…to adoption. The question presented is whether inadmissible hearsay qualifies as “competent evidence” of the sort required to amend a case plan under Rule 8.420(4) of the Florida Rules of Juvenile Procedure. We hold that it does not and issue the writ. JURISDICTION Because the…
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S.C.P. v. Department of Children & Families 220 So. 3d 1290 · 3D17-0979 · 3rd DCA 2017
· cited by 1 in all courts
Order changing the goal from reunification to permanent guardianship quashed on DCF's concession that there was no evidentiary basis and the mother was compliant.
…basis to support a case plan amendment. See § 39.621, Fla. Stat. (2016); R.N. v. Dep’t of Children & Families, 25 So. 3d 697, 700 (Fla. 5th DCA 2010) (“Rule 8.420 contemplates an evidentiary basis to support a case plan amendment”). The Department properly and commendably concedes that the trial court order lacks an…
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M.P. v. Department of Children & Families 159 So. 3d 341 · 4D14-3439 · 4th DCA 2015
· cited by 1 in all courts
Dependency affirmed but unproven prior-report findings struck, and the father's random drug testing reversed for lack of good cause or evidence of drug use.
…to substance abuse evaluations as part of the case plan. We note that the case plan may . . . be amended pursuant to section 39.6013 and Florida Rule of Juvenile Procedure 8.420 should the need arise.”). 2 Moreover, contrary to the Department’s suggestion, no adverse inference can be made on this issue as a result of the father’s…
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J.M. v. Department of Children & Family Services 136 So. 3d 1271 · 2D13-5345 · 2nd DCA 2014
· cited by 3 in all courts
Certiorari granted in part, quashing case plan requirement of substance abuse evaluations because nothing showed they were relevant to the dependency.
…to substance abuse evaluations as part of the case plan. We note that the case plan may of course be amended pursuant to section 39.6013 and Florida Rule of Juvenile Procedure 8.420 should the need arise. Petition granted in part; order quashed in part. DAVIS, C.J., and CRENSHAW, J., Concur. . Since the Father and the Mother did…
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A.S. v. Department of Children & Family Services 113 So. 3d 77 · 2D12-3460 · 2nd DCA 2013
· cited by 4 in all courts
Dependency affirmed, but terminating jurisdiction after placement with the father reversed because the mother was complying with her plan and no evidentiary hearing was held.
… (Fla. 5th DCA 2007)). Again, due process requires that a court determine the propriety of amending a case plan only after an evidentiary hearing. See Fla. R. Juv. P. 8.420(a)(3) (providing that the court may amend the goal of a case plan “if there is a preponderance of evidence demonstrating the need for the amendment”). The…
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A.L. v. Department of Children & Families 53 So. 3d 324 · 5D10-1927 · 5th DCA 2010
· cited by 6 in all courts
Order ending jurisdiction with the children placed with the father reversed; a vague 'maintain and strengthen' goal and a shortened case plan violated due process.
…would no longer be appropriate, the proper procedure is to amend the case plan in accordance with section 39.6013, Florida Statutes, and Florida Rule of Juvenile Procedure 8.420(b). K.E., 958 So.2d 968 ; see, e.g., R.N. v. Dep’t of Children & Families, 25 So.3d 697 (Fla. 5th DCA 2010). That was not done here. The magistrate…
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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
…See ch. 2018-103, § 12, Laws of Fla. (amending § 39.701(2)(d)(5), Fla. Stat. (2017)). A new paragraph is added at the end of subdivision (a) of rule 8.420 (Case Plan Amendments) to address the factors the court must consider in amending the case plan. See ch. 2018-103, § 7, Laws of Fla. (adding subsection (6)…
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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
…Order-Dependency); and form 8.970 (Order on Judicial Review). The Committee further proposes the adoption of the following three new rules and two new forms: rule 8.420 (Case Plan Amendments); rule 8.425 (Permanency Hearings); rule 8.430 (Modification of Permanency Order); form 8.975 (Order Authorizing Child to Enter into…
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(a) Modifications. After the case plan has been developed, the tasks and services agreed upon in the plan may not be changed or altered except as follows.
(1) The case plan may be amended at any time to change the goal of the plan, employ the use of concurrent planning, add or remove tasks the parent must complete to substantially comply with the plan, provide appropriate services for the child, and update the child’s health, mental health, and education records.
(2) The case plan may be amended on approval of the court if all parties are in agreement regarding the amendments to the plan and the amended plan is signed by all parties and submitted to the court with a memorandum of explanation.
(3) The case plan may be amended by the court or on motion of any party at any hearing to change the goal of the plan, employ the use of concurrent planning, or add or remove the tasks the parent must complete in order to substantially comply with the plan, if there is a preponderance of evidence demonstrating the need for the amendment.
(4) The case plan may be amended by the court or on motion of any party at any hearing to provide appropriate services to the child if there is competent evidence demonstrating the need for the amendment.
(5) The case plan is deemed amended as to the child’s health, mental health, and education records when the child’s updated health and education records are filed by the department. When determining whether to amend the case plan, the court must consider the length of time the case has been open, the level of parental engagement to date, the number of case plan tasks completed, the child’s type of placement and attachment, and the potential for successful reunification.
(b) Basis to Amend the Case Plan. The need to amend the case plan may be based on information discovered or circumstances arising after the approval of the case plan for:
(1) a previously unaddressed condition that, without services, may prevent the child from safely returning to or remaining in the home;
(2) the child’s need for permanency;
(3) the failure of a party to substantially comply with a task in the original case plan, including the ineffectiveness of a previously offered service;
(4) an error or oversight in the case plan;
(5) information discovered or circumstances arising after the approval of the plan regarding the provision of safe and proper care for the child; or
(6) incarceration of a parent after a case plan has been developed if the parent’s incarceration has an impact on permanency for the child, including, but not limited to:
(A) modification of provisions regarding visitation and contact with the child;
(B) identification of services within the facility; or
(C) changing the permanency goal or establishing a concurrent case plan goal.
(c) Service. A copy of the amended plan must be immediately given to all parties.
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. 2007-02-08 Added · 951 So.2d 804
- Eff. 2001-01-01 Amended · 783 So.2d 138