Modification of permanency orderRule 8.430
Related statutes: § 39.621 Permanency determination by the court. · § 39.6221 · § 39.6231 · § 39.522
8 opinions cite Rule 8.430
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A.A. v. Department of Children & Families 147 So. 3d 621 · 3D14-1020 · 3rd DCA 2014
· cited by 2 in all courts
Denial of the mother's motion to modify a permanent guardianship quashed because the court held no evidentiary hearing and made no section 39.621(10) findings.
…and physical, mental, and emotional health of the child is not endangered by the modification. (Emphasis supplied). See also Fla. R. Juv. P. 8.430(a)-(b)(1). In the instant case, the trial court failed to conduct an evidentiary hearing, denying Petitioner a reasonable opportunity to present evidence…
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A.H. v. Department of Children & Families 144 So. 3d 662 · 1D14-656 · 1st DCA 2014
· cited by 11 in all courts
Termination reversed on DCF's concession it was not the least restrictive means; the child thrived in a permanent guardianship and the mother posed no harm.
…1st DCA 2006) (same). An order that creates a permanent guardianship is a type of permanency order that may be modified as set forth in Florida Rule of Juvenile Procedure 8.430. In re J.B., 130 So.3d 753, 757 (Fla. 2d DCA 2014) (citing section 39.6221(5), Florida Statutes, and explaining that the creation of a permanent…
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Department of Children & Families v. Interest of B.D. 102 So. 3d 707 · 1D12-3698 · 1st DCA 2012
· cited by 7 in all courts
Certiorari granted because the court reopened a closed permanent guardianship on the mother's motion without an evidentiary hearing or the findings the statute requires.
…mental, and emotional health of the child is not endangered by the modification. (emphasis added). Additionally, the Department cited Florida Rule of Juvenile Procedure 8.430, which deals with modification of a permanency order and states in pertinent part: (a) Best Interests of Child. The permanency placement is intended to…
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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.
…of guardianship. But the order of guardianship is a type of permanency order and, thus, the process to modify a permanent guardianship is performed under rule 8.430. The process is not simple, and at least under usual circumstances, the parent has no attorney to assist in the process. Accordingly, while a permanent…
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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.
…to the mother, who did not lose her parental rights and who can move for modification if and when she achieves all the goals of the case plan. See Fla. R. Juv. P. 8.430(b). However, even if the mother could satisfy the standards for modification, the possibility of a future modification is not an excuse for utilizing confusing…
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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
…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 Child's 18th Birthday); and form 8.976…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report SC19-1818 · Florida Supreme Court 2020
…occurs first. (h)-(i) [No Changes] Committee Notes [No Changes] RULE 8.430. MODIFICATION OF PERMANENCY ORDER (a) [No Changes] (b) Request for Modification by a Parent. (1) If, after a…
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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
…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 SERVICES …
No opinion cites this provision by number.
0 admin code rules cite Rule 8.430
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.
No admin code rule cites Rule 8.430.
0 CFOPs cite Rule 8.430
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No CFOP cites Rule 8.430.
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(a) Best Interests of Child. The permanency placement is intended to continue until the child reaches the age of majority and may not be disturbed absent a finding by the court that the circumstances of the permanency placement are no longer in the best interest of the child.
(b) Request for Modification by a Parent.
(1) If, after a child is residing in the permanent placement approved at the permanency hearing, a parent who has not had his or her parental rights terminated makes a motion for reunification or increased contact with the child, the court shall first hold a hearing to determine whether the dependency case should be reopened and whether there should be a modification of the order. At the hearing, the parent must demonstrate that the safety, well-being, and physical, mental, and emotional health of the child is not endangered by the modification.
(2) The court shall base its decision concerning any motion by a parent for reunification or increased contact with a child on the effect of the decision on the safety, well-being, and physical and emotional health of the child. Factors that must be considered and addressed in the findings of fact of the order on the motion must include:
(A) the compliance or noncompliance of the parent with the case plan;
(B) the circumstances which caused the child’s dependency and whether those circumstances have been resolved;
(C) the stability and length of the child’s placement;
(D) the preference of the child, if the child is of sufficient age and understanding to express a preference;
(E) the recommendation of the current custodian; and
(F) the recommendation of the guardian ad litem, if one has been appointed.
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. 2007-02-08 Added · 951 So.2d 804
- Eff. 2001-01-01 Amended · 783 So.2d 138