Permanency hearingsRule 8.425
Related statutes: § 39.621 Permanency determination by the court. · § 39.6221 Permanent guardianship of a dependent child. · § 39.6231 Permanent placement with a fit and willing relative. · § 39.6241 Another planned permanent living arrangement. · § 39.6036 · § 39.701
9 opinions cite Rule 8.425
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J.B. v. Department of Children & Family Services 130 So. 3d 753 · 2D13-4044 · 2nd DCA 2014
· 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.
…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 the court was expected to enter a final permanency order. The Department filed nothing before the hearing to…
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T.M.W. v. Department of Children & Families 4D21-0948 · 4th DCA 2021
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.
…other immediate, permanent, out-of-home placement of a child. A permanency determination in this case, on the other hand, would be governed by Florida Rule of Juvenile Procedure 8.425 (“Permanency Hearings”), section 39.621, Florida Statutes (2021) (“Permanency determination by the court”), and section 39.6221, Florida Statutes (2021)…
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T.M. v. Department of Children & Families 210 So. 3d 172 · 2D16-794 · 2nd DCA 2016
Permanent guardianship order reversed because it lacked required section 39.6221 findings and the court held no evidentiary hearing.
…for the trial court to conduct further proceedings necessary for it to determine whether a permanent guardianship is the 1Florida Rule of Juvenile Procedure 8.425(d)(5) mirrors the requirements of section 39.6221(2). -3- appropriate permanency option for the children. See J.B.…
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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
…§ 1, Laws of Fla. (creating section 39.6021(5), Fla. Stat.). -3- New subdivision (b)(1)(D) is added to rule 8.425 (Permanency Hearings) to require the court, at the permanency hearing, to consider whether the frequency, duration, manner, and level of engagement of the…
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In re Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation SC2024-1093 · Florida Supreme Court 2024
…has entered into a formal agreement with a supportive adult and, if so, to ensure such agreement is documented in the child’s court file. Thus, we amend rule 8.425(d) (Permanency Order) by adding: For children with another planned permanent living arrangement case plan goal, the guardian ad litem must also…
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In re Amendments to the Florida Rules of Juvenile Procedure 101 So. 3d 368 · SC12-1605 · Florida Supreme Court 2012
· cited by 1 in all courts
…in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through 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,…
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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 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 Residential Leasehold Before the…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report 258 So. 3d 1254 · SC18-174 · Florida Supreme Court 2018
…a child with special needs as defined in chapter 39, Florida Statutes, and who is not already represented by an attorney. (b) [No Change] RULE 8.425. PERMANENCY HEARINGS (a) [No Change] (b) Determinations at Hearing. (1) The court shall determine: …
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In re Amendments to the Florida Rules of Juvenile Procedure 123 So. 3d 1128 · SC13-1354 · Florida Supreme Court 2013
· cited by 1 in all courts
…emotional health of the child would not be endangered by reunification and that reunification would be in the best interest of the child. (b)[No Change] RULE 8.425. PERMANENCY HEARINGS (a) [No Change] (b) Determinations at Hearing. (1) — (3) [No Change] (4) If the court approves a permanency goal of adoption, the…
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(a) Required Review. A permanency hearing must be held no later than 12 months after the date the child was removed from the home or within 30 days after a court determines that reasonable efforts to return a child to either parent are not required, whichever occurs first. A permanency hearing must be held at least every 12 months for any child who continues to be supervised by the department or awaits adoption.
(b) Determinations at Hearing.
(1) The court must determine:
(A) whether the current permanency goal for the child is appropriate or should be changed;
(B) when the child will achieve one of the permanency goals;
(C) whether the department has made reasonable efforts to finalize the permanency plan currently in effect; and
(D) whether the frequency, duration, manner, and level of engagement of the parent or legal guardian’s visitation with the child meets the case plan requirements.
(2) The court must approve a permanency goal for the child as provided by law choosing from the following options, listed in order of preference:
(A) reunification;
(B) adoption, if a petition for termination of parental rights has been or will be filed;
(C) permanent guardianship of a dependent child under section 39.6221, Florida Statutes;
(D) permanent placement with a fit and willing relative under section 39.6231, Florida Statutes; or
(E) placement in another planned permanent living arrangement under section 39.6241, Florida Statutes.
(3) The best interest of the child is the primary consideration in determining the permanency goal. The court must also consider the reasonable preference of the child if the court has found the child to be of sufficient intelligence, understanding, and experience to express a preference and any recommendation of the guardian ad litem.
(c) Case Plan. The case plan must list the tasks necessary to finalize the permanency placement and must be amended at the permanency hearing if necessary. If a concurrent case plan is in place, the court must approve a single goal that is in the child’s best interest.
(d) Permanency Order.
(1) The findings of the court regarding reasonable efforts to finalize the permanency plan must be explicitly documented, made on a case-by-case basis, and stated in the court order.
(2) The court must enter an order approving the permanency goal for the child.
(3) If the court approves a permanency goal of permanent guardianship of a dependent child, placement with a fit and willing relative, or another planned permanent living arrangement, the court must make findings as to why this permanent placement is established without adoption of the child to follow. The department and the guardian ad litem must provide the court with a recommended list and description of services needed by the child, such as independent living services and medical, dental, educational, or psychological referrals, and a recommended list and description of services needed by his or her caregiver. For children with another planned permanent living arrangement case plan goal, the guardian ad litem must also advise the court whether the child has been connected with a supportive adult and, if so, whether the child has entered into a formal agreement with the adult as provided by law. It is the guardian ad litem’s responsibility to ensure the agreement is documented in the child’s court file.
(4) If the court establishes a permanent guardianship for the child, the court’s written order must:
(A) transfer parental rights with respect to the child relating to protection, education, care and control of the person, custody of the person, and decision-making on behalf of the child to the permanent guardian;
(B) list the circumstances or reasons why the child’s parents are not fit to care for the child and why reunification is not possible by referring to specific findings of fact made in its order adjudicating the child dependent or by making separate findings of fact;
(C) state the reasons why a permanent guardianship is being established instead of adoption;
(D) specify the frequency and nature of visitation or contact between the child and his or her parents, siblings, and grandparents; and
(E) require that the permanent guardian not return the child to the physical care and custody of the person from whom the child was removed without the approval of the court; and
(F) state whether the child demonstrates a strong attachment to the prospective permanent guardian and such guardian has a strong commitment to permanently caring for the child.
(5) The court must retain jurisdiction over the case and the child must remain in the custody of the permanent guardian unless the order creating the permanent guardianship is modified by the court. The court must discontinue regular review hearings and relieve the department of the responsibility for supervising the placement of the child. Notwithstanding the retention of jurisdiction, the placement must be considered permanency for the child.
(6) If the court permanently places a child with a fit and willing relative, the court’s written order must:
(A) list the circumstances or reasons why reunification is not possible by referring to specific findings of fact made in its order adjudicating the child dependent or by making separate findings of fact;
(B) state the reasons why permanent placement with a fit and willing relative is being established instead of adoption;
(C) specify the frequency and nature of visitation or contact between the child and his or her parents, siblings, and grandparents; and
(D) require that the relative not return the child to the physical care and custody of the person from whom the child was removed without the approval of the court.
(7) If the court establishes another planned permanent living arrangement as the child’s permanency option:
(A) The court must find that a more permanent placement, such as adoption, permanent guardianship, or placement with a fit and willing relative, is not in the best interests of the child.
(B) The department must document reasons why the placement will endure and how the proposed arrangement will be more stable and secure than ordinary foster care.
(C) The court must find that the health, safety, and well-being of the child will not be jeopardized by such an arrangement.
(D) The court must find that compelling reasons exist to show that placement in another planned permanent living arrangement is the most appropriate permanency goal.
(e) Entry of Separate Order Establishing Permanency. If the court permanently places a child in a permanent guardianship or with a fit and willing relative, the court must enter a separate order establishing the authority of the permanent guardian or relative to care for the child, reciting that individual’s powers and authority with respect to the child and providing any other information the court deems proper which can be provided to persons who are not parties to the proceeding as necessary, notwithstanding the confidentiality provisions of Chapter 39, Florida Statutes.
(f) Recommendations for Sustaining Permanency. If the court approves a goal of placement with a fit and willing relative or another planned permanent living arrangement, the department and the guardian ad litem must provide the court with a recommended list and description of services needed by the child, and a recommended list and description of services needed by his or her caregiver.
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. 2019-01-01 Amended · 258 So.3d 1254
- Eff. 2013-10-03 Amended · 123 So.3d 1128
- Eff. 2012-10-11 Amended · 101 So.3d 368
- Eff. 2007-02-08 Added · 951 So.2d 804
- Eff. 2001-01-01 Amended · 783 So.2d 138