Dependency Law Finder

1. 31 Foster Children v. Bush 329 F.3d 1255 · CA11-02-10180 · 11th Cir. 2003

   Affirmed in part, reversed in part This opinion cites § 39.601 8 times, the section generally

   · cited by 336 in all courts

   Eleventh Circuit held Adoption Act provisions create no enforceable rights and upheld Younger abstention in a foster children class action, while vacating some claims for mootness or lack of standing.

   …and a 44 description of the efforts to be undertaken to maintain the stability of the child’s education. Id. § 39.601(3)(a)-(i). The case plan must be approved by the court. Id. §§ 39.601(2), (3); 39.603. It may be amended if all the parties agree and the court approves, or…

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

   Other This opinion cites § 39.601 7 times, 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.

   …family-like setting available consistent with the best interest and special needs of the child, and in as close proximity as possible to the child's home. " § 39.601(3)(b), (e) (emphasis supplied). [28] In addition to requiring a case plan that is approved by the dependency court, chapter 39 charges the dependency court with…

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

   Reversed & remanded This opinion cites § 39.601 4 times, the section generally

   · 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.

   …and D.B. was closed prior to the expiration of the 12 month period during which the mother had to *632 comply with the terms of the case plan. See section 39.601(7). We note that in this case, the plan did not expire until May of 2004, and that the mother was eligible, under the permanency plan she was undertaking, to…

4. F.M. v. Department of Children & Families 807 So. 2d 200 · 4D01-1476 · 4th DCA 2002

   Affirmed This opinion cites § 39.601 2 times, the section generally

   · cited by 4 in all courts

   Dependency and a case plan keeping the child with the father affirmed: neglect from the mother's intoxication supported dependency, and reunification with her was not required.

   …to place the child with a legal custodian at the same time it provides for reasonable efforts to "make it possible for the child to return safely home." § 39.601(3)(a), Fla. Stat. (2000). Here, the services provided were geared to assist the mother in improving her personal skills and living habits while at the same time…

5. M.W. v. Davis 722 So. 2d 966 · 4D98-3547 · 4th DCA 1999

   This opinion cites § 39.601 2 times, the section generally

   · cited by 1 in all courts

   …court approval for this treatment. Unlike the judge in a Baker Act case, though, the juvenile court judge has an ongoing relationship with the child. Section 39.601(3)(b), Florida Statutes (Supp.1998) requires the Department to develop a case plan for each child, which must include a "description of the type of home or…

6. R.N. v. Department of Children & Families 25 So. 3d 697 · 5D09-1777 · 5th DCA 2010

   Certiorari / writ denied This opinion cites § 39.601 1 time, the section generally

   · 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.

   …circumstances of the case and the child's need for safe and proper care. A copy of the amended plan must be immediately given to the persons identified in s. 39.601 L(6)(b).

7. P.R. v. Department of Children & Families 936 So. 2d 754 · 4D05-4834 · 4th DCA 2006

   Reversed & remanded This opinion cites § 39.601 1 time, the section generally

   · cited by 2 in all courts

   Order ending supervision with relatives' long-term custody reversed: DCF filed no required case plan, the mother got no amended plan, and custodians' powers were omitted.

   …of the relative" and "does not include reunification with the parents." See § 39.622(1)-(2), Fla. Stat. (2005). Further, pursuant to section 39.601(9)(f), when the trial court amends a case plan, "[a] copy of the amended plan must be immediately given" to the child's parents. Lastly, section 39.521(3)(d)…

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

   Reversed & remanded This opinion cites § 39.601 1 time, the section generally

   · 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.

   …to incorporate the judge's order. Florida Rule of Juvenile Procedure 8.400(b) permits a judge to amend a case plan at a hearing. Florida Statutes section 39.601(9)(f) requires that "competent evidence [support] the need for the amendment." Regardless of whether substantial evidence justified amending the case plan to…

9. R.C. v. Department of Children & Families 917 So. 2d 241 · 5D05-2412 · 5th DCA 2005

   Reversed & remanded This opinion cites § 39.601 1 time, the section generally

   · cited by 2 in all courts

   Order suspending the father's visitation and amending his case plan reversed because hearsay account of abuse was not competent evidence for a case plan amendment.

   …to the child and may be relied upon to the extent of its probative value, even though not competent in an adjudicatory hearing." On the other hand, section 39.601(9)(f), Florida Statutes, provides that the case plan may be amended by the court "based on competent evidence demonstrating the need for the amendment." Hearsay in…

10. Department of Children & Families v. P.K. 893 So. 2d 678 · 5D04-1682 · 5th DCA 2005

    Reversed & remanded This opinion cites § 39.601 1 time, the section generally

    · cited by 1 in all courts

    Order denying termination for four children reversed because it lacked individualized findings for each child; remanded for more testimony and specific findings.

    …terminate P.K.'s parental rights. However, he also concluded that the Department had shown that P.K. had failed to complete her plan within twelve months. § 39.601(7), Fla. Stat. The court found that it was likely that N.K., 16 years old at the date of the hearing, and D.K., 14 years at the date of the hearing, would…

11. J.F. v. Department of Children & Families 890 So. 2d 434 · 4D02-4225 · 4th DCA 2004

    Reversed & remanded This opinion cites § 39.601 1 time, the section generally

    · cited by 15 in all courts

    Termination reversed on all four grounds; DCF lacked proof the mother's anger problems were untreatable, and the manslaughter ground needs a nexus to these children.

    …and necessary therapeutic goal in the mother's case. This court has on more than one occasion noted that such a requirement is impermissible under section 39.601(1), Florida Statutes, as a condition of any case plan. See A.C. v. Dep't of Children & Families, 798 So.2d 32 , 35 n. 2 (Fla. 4th DCA 2001); D. Children…

12. J.F. v. Department of Children & Families 866 So. 2d 81 · 4D02-4225-2 · 4th DCA 2004

    Reversed & remanded This opinion cites § 39.601 1 time, the section generally

    · cited by 4 in all courts

    Termination reversed on all four grounds; DCF lacked proof the mother's anger problems were untreatable, and the manslaughter ground needs a nexus to these children.

    …and necessary therapeutic goal in the mother's case. This court has on more than one occasion noted that such a requirement is impermissible under section 39.601(1), Florida Statutes, as a condition of any case plan. See A.C. v. Dep't of Children & Families, 798 So.2d 32 , 35 n. 2 (Fla. 4th DCA 2001); D. Children…

13. P.O. v. Department of Children & Families 840 So. 2d 360 · 4D02-2391 · 4th DCA 2003

    Affirmed This opinion cites § 39.601 1 time, the section generally

    · cited by 1 in all courts

    Termination affirmed on case plan noncompliance; DCF's poor reasonable efforts were criticized but did not cause the mother's failure to address her drug problem.

    …to provide how many, much less any, face-to-face meetings were to be held between P.O. and DCF caseworkers, an omission in direct contravention of section 39.601(l)(c), Florida Statutes (2001). When questioned why DCF failed to provide any services to P.O., Beatty responded she had basically delegated the task of assisting…

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

    Reversed & remanded This opinion cites § 39.601 1 time, the section generally

    · 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.

    …Review Social Study/Case Plan Updates," which purported to change the case plan goal from reunification to long-term custody, did not comply with section 39.601(9)(f) which provides, in pertinent part: The case plan may be amended at any time if all parties are in agreement regarding the revisions to the plan and the…

15. D. v. Department of Children & Family Services 820 So. 2d 980 · 4D01-1644 · 4th DCA 2002

    Affirmed This opinion cites § 39.601 1 time, the section generally

    · cited by 7 in all courts

    Dependency of all three children affirmed over a dissent: unexplained anal trauma to the infant in an intact home justified adjudicating both parents and siblings.

    … I am concerned that the social worker expects the parent to admit his or her acts of abuse. Such a requirement would be impermissible according to section 39.601(1), regarding case plans, which states "[a] parent of a child may not be required nor coerced through threat of loss of custody or parental rights to admit in…

16. A.C. v. Department of Children & Families 798 So. 2d 32 · 4D00-4487 · 4th DCA 2001

    Affirmed in part, reversed in part This opinion cites § 39.601 1 time, the section generally

    · cited by 8 in all courts

    Termination affirmed as to the burned daughter, but reversed as to the son because no case plan was offered and least restrictive means was unproven.

    …appeals are consolidated for purposes of this opinion. [2] If the parents were offered a case plan, it could not be conditioned on admitting abuse. See § 39.601(1), Fla. Stat. (2000).

17. B.R. v. Department of Children & Families 779 So. 2d 595 · 2D00-111 · 2nd DCA 2001

    Affirmed This opinion cites § 39.601 1 time, the section generally

    Dependency adjudication affirmed, but the court asked the Department to amend the unachievable case plan for the incarcerated father once he is released.

    …father who was incarcerated in a federal prison. We note that the plan set a target date of October 30, 2000, apparently due to the requirements in section 39.601(7), Florida Statutes (1999). It would be impossible for the father to accomplish the goals set forth in the plan because he will be incarcerated until some time…

18. In re Z.J.S. 787 So. 2d 875 · 2D00-545 · 2nd DCA 2001

    Reversed & remanded This opinion cites § 39.601 1 time, the section generally

    Termination reversed because the case plan ground requires a reunification-goal plan, which was never offered; the cousins' placement appeal was dismissed as moot.

    …June 1997, it presented J.R.S. with a case plan with a goal of termination of parental rights. [2] It appears that the Department did not comply with section 39.601, Florida Statutes (1999), both in formulating the plan and in its content. Instead, the case plan was a standard form plan, not tailored to the specific needs…

19. J.R.S. v. Department of Children & Families 787 So. 2d 875 · 2D00-545-2 · 2nd DCA 2001

    Reversed & remanded This opinion cites § 39.601 1 time, the section generally

    · cited by 12 in all courts

    Termination reversed because the case plan ground requires a reunification-goal plan, which was never offered; the cousins' placement appeal was dismissed as moot.

    …June 1997, it presented J.R.S. with a case plan with a goal of termination of parental rights. 2 It appears that the Department did not comply with section 39.601, Florida Statutes (1999), both in formulating the plan and in its content. Instead, the case plan was a standard form plan, not tailored to the specific needs…

20. 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 § 39.601 1 time, the section generally

    · cited by 3 in all courts

    …section 39.501(4), Florida Statutes (2001), hearing on petition for dependency; section 39.521(l)(a), Florida Statutes (2001), disposition hearing; section 39.601(2), Florida Statutes (2001), case plan requirements; section 39.701(6)(b), Florida Statutes (2001), judicial review of child’s status; rule 8.215(c)(1), report…

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1. CFOP 15-14 Publishing Filing and Distributing Reports Required by Law p. 5

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