Dependency Law Finder

1. S.S. v. Department of Children & Families 75 So. 3d 818 · 5D11-1184 · 5th DCA 2011

   Affirmed This opinion cites § 39.6011 3 times: (2)(a), (2)(e), and the section generally

   Termination affirmed; a no-new-law-violations case plan task is permissible though not alone sufficient, and other breaches and threats were proven.

   …may be imposed in the first place, or that doing so violates the separation of powers doctrine. We reach this conclusion based upon our reading of sections 39.6011, 39.6012, and 39.603, Florida Statutes, in which the legislature expressly authorizes *821 DCF to develop case plans with “a description of the identified…

2. In re E.C. 33 So. 3d 710 · 2D08-3544 · 2nd DCA 2010

   Affirmed This opinion cites § 39.6011 3 times: (2)(a), (3), (8)Cited as § 39.6011(7) (2006 statutes), now § 39.6011(8)

   Termination affirmed: failure to file the case plan was not fundamental error because the parents knew of it and never objected over three years; dissent.

   …name and a description of the parents' "acts resulting in risk to [E.C.] and the reason for the intervention by the [D]epartment" as required by section 39.6011(2)(a). Furthermore, it was not signed by the parties as required by section 39.6011(3). Third, the paper was not filed three days before the disposition hearing as…

3. R.C. v. Department of Children & Family Services 33 So. 3d 710 · 2D08-3544-2 · 2nd DCA 2010

   Affirmed This opinion cites § 39.6011 3 times: (2)(a), (3), (8)Cited as § 39.6011(7) (2006 statutes), now § 39.6011(8)

   · cited by 12 in all courts

   Termination affirmed: failure to file the case plan was not fundamental error because the parents knew of it and never objected over three years; dissent.

   …E.C.’s name and a description of the parents’ “acts resulting in risk to [E.C.] and the reason for the intervention by the [Department” as required by section 39.6011(2)(a). Furthermore, it was not signed by the parties as required by section 39.6011(3). Third, the paper was not filed three days before the disposition hearing as…

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

   Affirmed This opinion cites § 39.6011 2 times, 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.

   …services investigation (section 39.301), the shelter hearing (section 39.401), the adjudication of dependency (section 39.501), the case plan (section 39.6011), and finally the permanency determination (section 39.621) and the termination of parental rights (section 39.801). The Florida Rules of Juvenile…

5. Ford v. Ford 153 So. 3d 315 · 4D13-1369 · 4th DCA 2014

   This opinion cites § 39.6011 2 times, the section generally

   …or child into therapy, nor does any other provision of chapter 61 give such authority. Chapter 61 also contains no language similar to sections 39.507(10) or 39.6011, Florida Statutes, authorizing the trial judge to fashion a reunification plan for parents and their children, or to order the parents into long-term,…

6. In re G.S. 84 So. 3d 1231 · 2D12-69 · 2nd DCA 2012

   Reversed & remanded This opinion cites § 39.6011 2 times: (2)(a), and the section generally

   · cited by 1 in all courts

   Case plan acceptance reversed on concession because tasks like domestic violence and parenting classes did not address the mother's out-of-state arrest that caused dependency.

   …to the issues in this case. The Mother now appeals the order of dependency to the extent that it accepted a case plan that included these tasks. Section 39.6011 requires the Department to prepare a case plan for each child receiving services through the Department. *1233 Each case plan must include "[a] description…

7. C.T. v. Department of Children & Family Services 84 So. 3d 1231 · 2D12-69-2 · 2nd DCA 2012

   Reversed & remanded This opinion cites § 39.6011 2 times: (2)(a), and the section generally

   · cited by 3 in all courts

   Case plan acceptance reversed on concession because tasks like domestic violence and parenting classes did not address the mother's out-of-state arrest that caused dependency.

   …to the issues in this case. The Mother now appeals the order of dependency to the extent that it accepted a case plan that included these tasks. Section 39.6011 requires the Department to prepare a case plan for each child receiving services through the De *1233 partment. Each case plan must include “[a] description…

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

   Certiorari / writ granted This opinion cites § 39.6011 1 time, the section generally

   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.

   …contact with the Department, and that the childrens’ status was not moving towards a permanent resolution within the one-year period mandated by section 39.6011(d), Florida Statutes. An evidentiary hearing was held on November 15, 2021. One factual issue concerned whether the Mother was unable to be contacted…

9. L.C.A. v. Department of Children & Families 3D20-1289 · 3rd DCA 2021

   Reversed & remanded This opinion cites § 39.6011 1 time: (2)

   Termination reversed because the domestic violence victim completed her case plan, DCF caused delays, and lack of insight cannot alone justify termination.

   …of the child, or facilitate the child's permanent placement.” § 39.6012(1)(a), Fla. Stat. To that end, the “case plan must be written simply,” § 39.6011(2), Fla. Stat., with clear objectives, describing “each of the tasks with which the parent must comply and the services to be provided to the parent.” §…

10. L.C.A. v. Department of Children & Families 3D20-1289-2 · 3rd DCA 2021

    Reversed & remanded This opinion cites § 39.6011 1 time: (2)

    Termination reversed because the domestic-violence-victim mother completed her case plan, experts supported reunification, and DCF did not prove noncompliance or that termination was least restrictive.

    …of the child, or facilitate the child's permanent placement.” § 39.6012(1)(a), Fla. Stat. To that end, the “case plan must be written simply,” § 39.6011(2), Fla. Stat., with clear objectives, describing “each of the tasks with which the parent must comply and the services to be provided to the parent.” §…

11. L.C. v. Department of Children & Families 3D19-1786 · 3rd DCA 2020

    Reversed & remanded This opinion cites § 39.6011 1 time: (2)(a)

    Order requiring a substance abuse evaluation in the case plan reversed for an evidentiary hearing because good cause was not shown on unsubstantiated allegations.

    …to address facts and circumstances upon which the court based the finding of dependency in involuntary placements.” M.P., 159 So. 3d at 343; see §§ 39.6011(2)(a) & 39.603(1)(f), Fla. Stat. On this record, the only reference to the Mother’s alleged substance abuse is found in the allegations set forth in the…

12. L.C. v. Department of Children & Families 3D20-0102 · 3rd DCA 2020

    Certiorari / writ denied This opinion cites § 39.6011 1 time: (2)(d)

    Certiorari denied against an order changing the case plan goal; courts may change the goal when the parent fails to comply and permanency requires.

    …before us; (b) sections 39.522(2) (reunification must not be detrimental to the child’s safety, well-being, and physical, mental, and emotional health), and 39.6011(2)(d) (twelve-month timeframe for compliance with the case plan), Florida Statutes (2019); and (c) M.I. v. Dep’t of Children & Families, 45 So. 3d 878, 882 (Fla.…

13. F.C.A. v. Department of Children & Families 3D20-0087 · 3rd DCA 2020

    Certiorari / writ denied This opinion cites § 39.6011 1 time: (2)(d)

    Certiorari denied against an order changing the case plan goal; courts may change the goal when the parent fails to comply and permanency requires.

    …before us; (b) sections 39.522(2) (reunification must not be detrimental to the child’s safety, well-being, and physical, mental and emotional health), and 39.6011(2)(d) (twelve-month timeframe for compliance with the case plan), Florida Statutes (2019); and (c) M.I. v. Dep’t of Children & Families, 45 So. 3d 878, 882 (Fla.…

14. A.R. v. Department of Children & Families 239 So. 3d 1266 · 2D17-2815 · 2nd DCA 2018

    Certiorari / writ granted This opinion cites § 39.6011 1 time: (8)Cited as § 39.6011(7) (2016 statutes), now § 39.6011(8)

    Order placing children in permanent guardianship and custody quashed because the mother lacked notice of the goal change and an opportunity to present evidence.

    …also denied A.R. procedural due process to present witnesses and cross-examine the Department's and the Guardian ad Litem Program's witnesses. See, e.g., § 39.6011(7), Fla. Stat. (2016) ("The case plan must be filed with the court and copies provided to all parties . . . not less than 3 business days before the…

15. A.G. v. Department of Children & Families 193 So. 3d 1097 · 4D16-782 · 4th DCA 2016

    Reversed & remanded This opinion cites § 39.6011 1 time: (2)(a)

    · cited by 1 in all courts

    Adjudication, disposition and case plan reversed because of improper in camera testimony, inadequate child competency inquiry, and child hearsay admitted without a reliability hearing.

    …problem being addressed, including the parent’s behavior or acts resulting in risk to the child and the reason for the intervention by the department.” § 39.6011(2)(a), Fla. Stat. (2016). 4

16. R.W. v. Department of Children & Families 189 So. 3d 978 · 3D15-2838 · 3rd DCA 2016

    Affirmed This opinion cites § 39.6011 1 time: (3)

    · cited by 7 in all courts

    Termination affirmed; the judge's unobjected questioning of witnesses was not fundamental error, though impartiality was urged, and an unsigned case plan was not void.

    …the previously-entered case plan compels reversal of the order terminating her parental rights. It is true that a case plan “must be signed by all parties.” § 39.6011(3), Fla. Stat. (2015); Fla. R. Juv. P. 8.400 (e). And a parent’s signature on the case plan is evidence that the parent received the case plan and understood its…

17. M.P. v. Department of Children & Families 159 So. 3d 341 · 4D14-3439 · 4th DCA 2015

    Affirmed in part, reversed in part This opinion cites § 39.6011 1 time: (2)(a)

    · 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.

    …being addressed, including the parent’s behavior or acts resulting in risk to the child and the reason for the intervention by the department.” § 39.6011(2)(a), Fla. Stat. (2014). A case plan must also be designed to improve the conditions in the home and must be the least intrusive possible into the life of the…

18. J.M. v. Department of Children & Family Services 136 So. 3d 1271 · 2D13-5345 · 2nd DCA 2014

    Certiorari / writ granted This opinion cites § 39.6011 1 time: (2)(a)

    · 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 the dependency or that it would meaningfully address the facts and circumstances which resulted in the children’s removal from the home. See, e.g., §§ 39.6011(2)(a), .6012(l)(a), .603(l)(f), Fla. Stat. (2013); C.T. v. Dep’t of Children & Family Servs., 84 So.3d 1231 (Fla. 2d DCA 2012). As such, we grant the petition…

19. T.C. v. Department of Children & Family Services 136 So. 3d 616 · 2D13-2080 · 2nd DCA 2013

    Reversed & remanded This opinion cites § 39.6011 1 time: (1)

    Permanent guardianship reversed on DCF's concession because the case plan improperly required the father to admit harming the child and the order lacked supporting evidence.

    …the case plan improperly requires the father to admit to having caused harm to the minor child before reunification can take place in contravention to section 39.6011(1), Florida Statutes (2012). We also agree with the Department’s concession of error that the trial court’s *617 order was not supported by competent,…

20. J.C. v. Department of Children & Family Services 136 So. 3d 621 · 2D13-2079 · 2nd DCA 2013

    Reversed & remanded This opinion cites § 39.6011 1 time: (1)

    Permanent guardianship reversed on DCF's concession because the case plan improperly required the mother to admit harming the child and the order lacked supporting evidence.

    …the case plan improperly requires the mother to admit to having caused harm to the minor child before reunification can take place in contravention to section 39.6011(1), Florida Statutes (2012). We also agree with the Department s concession of error that the trial court’s order was not supported by competent, substantial…

21. J.Z. v. Department of Children & Family Services 106 So. 3d 976 · CL4988483 · District Court of Appeal 2013

    Affirmed in part, reversed in part This opinion cites § 39.6011 1 time: (2)(a)

    · cited by 3 in all courts

    Evidence supported dependency, but the order was reversed for new findings because it parroted the petition; oral findings cannot cure a defective written order.

    …problem being addressed, including the parent’s behavior or acts resulting in risk to the child and the reason for the intervention by the department.” § 39.6011(2)(a). When called upon to approve a case plan, the court must determine “[w]hether the plan is meaningful and designed to address facts and circumstances upon…

22. Guardian ad Litem Program v. O.R. 45 So. 3d 974 · 3D10-2227 · 3rd DCA 2010

    Certiorari / writ granted This opinion cites § 39.6011 1 time: (2)

    · cited by 1 in all courts

    Certiorari granted quashing an order conditioning the guardian ad litem's motions on Spanish translations for the father; an interpreter at the hearing suffices.

    …has cited no law, and there is no law, requiring the Court to provide Jimenez-Ramos copies of the pleadings translated into Spanish.”); compare § 39.6011(2), Fla. Stat. (2007) (“The case plan must be written simply and clearly in English and, if English is not the principal language of the child’s parent, to the…

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

    Certiorari / writ denied This opinion cites § 39.6011 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.

    …competent evidence. 3 . Section 39.6013, Florida Statutes (2009) provides: (1) After the case plan has been developed under s. 39.6011, the tasks and services agreed upon in the plan may not be changed or altered in any way except as provided in this section. (2) The case plan may be…

24. In re J.L. 15 So. 3d 866 · 2D08-4744 · 2nd DCA 2009

    Reversed & remanded This opinion cites § 39.6011 1 time: (1)(a)

    · cited by 8 in all courts

    Termination reversed because DCF gave the jailed father no proper case plan or help and the court ignored his bond and thwarted contact.

    …and the Department failed to explain the circumstances concerning the Father's nonparticipation and the efforts made to secure his participation. See §§ 39.6011(1)(a),.6011(1)(c), .6011(3), .602(1), Fla. Stat. (2006). Further, once the Department became aware of the Father's location, there is nothing in the record showing…

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

    Reversed & remanded This opinion cites § 39.6011 1 time, the section generally

    · 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.

    …case plans tailored to address the needs of the family through the provision of services and requirements that the parents accomplish specified tasks. See § 39.6011-.6012, Fla. Stat. (2006). As this Court explained in T.F. v. Department of Children & Family Services, 881 So.2d 702, 702 (Fla. 1st DCA 2004),…

26. A.W. v. Department of Children & Families 969 So. 2d 496 · 1D07-1724 · 1st DCA 2007

    Affirmed This opinion cites § 39.6011 1 time, the section generally

    · cited by 12 in all courts

    Termination affirmed because the developmentally disabled mother's technical case plan compliance did not remedy unsafe conditions or show parenting ability; limited post-termination letters were upheld.

    …home conditions; and to use this information during her visitations with the child by applying and demonstrating proper parenting skills. See generally § 39.6011-39.6013 & 39.603, Fla. Stat. (2006) (setting out procedures for case plan development, tasks, services, amendments, and court approval). To assist her in…

27. K.E. v. Department of Children & Families 958 So. 2d 968 · 5D06-3294 · 5th DCA 2007

    Reversed & remanded This opinion cites § 39.6011 1 time, the section generally

    · cited by 9 in all courts

    Custody to the father and end of jurisdiction reversed because abandoning the reunification goal required a noticed case plan amendment and evidentiary hearing.

    …Juvenile Procedure 8.400(b) govern the process of case plan amendment. See § 39.6013(1), Fla. Stat. (2006) ("After the case plan has been developed under s. 39.6011, the tasks and services agreed upon in the plan may not be changed or altered in any way except as provided in this section."). In pertinent part, sections…

28. 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 § 39.6011 4 times: (2)(e), (4)

    …Fla. Stat., effective July 1, 2019); ch. 2019-128, §§ 1-4, 6-7, 10, 12, Laws of Fla. (amending §§ 39.001(3), 39.0136, 39.402(18), 39.507(7)(c), 39.522(1), 39.6011(2)(e), 39.6011(4), 39.621(10)(a), and 39.811(5), Fla. Stat., effective Oct. 1, 2019). -2- Committee’s proposals and the…

29. 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 § 39.6011 2 times, a subsectionAlso cites § 39.6011(5), which couldn't be matched to today's text.

    …1 and adopt the amendments as proposed. In response to chapter 2020-65 and chapter 2020-138, Laws of Florida, which amend sections 39.0137, 39.522, 39.6011, and 39.701, Florida Statutes (2019), and became effective July 1, 2020, the Committee proposes amendments to the following rules: 8.225 (Process, Diligent…

30. In re Amendments to the Florida Rules of Juvenile Procedure 26 So. 3d 552 · SC09-141 · Florida Supreme Court 2009

    Rule amendment This opinion cites § 39.6011 2 times, the section generally

    · cited by 7 in all courts

    …in accordance with Florida Rule of Judicial Administration 2.535(f). See Fla. R. Jud. Admin. 2.535(a)(6) (defining "official record"). Next, section 39.6011, Florida Statutes (2008), requires the Department of Children and Families to develop and file with the court a case plan for each child receiving services.…

31. In re Amendments to the Florida Rules of Juvenile Procedure - 2020 Fast-Track Report SC20-1153 · Florida Supreme Court 2021

    Rule amendment This opinion cites § 39.6011 1 time, the section generally

    …Plan Development), and 8.415 (Judicial Review of Dependency Cases). These amendments were in response to legislative changes to sections 39.0137, 39.522, 39.6011, and 39.701, Florida Statutes (2019). See ch. 2020-65, § 2, Laws of Fla.; ch. 2020-138, §§ 5-7, Laws of Fla. The amendments included, but were not limited…

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1. Rule 65C-30.006 Case Planning. Implements
2. Rule 65C-30.007 Case Management Responsibilities After Case Transfer. Implements
3. Rule 65C-30.018 Out-of-County Services. Implements

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1. CFOP 170-9 Family Assessment and Case Planning p. 30 (1)(a)
2. CFOP 170-13 Child Support in Child Welfare Cases p. 4 (4)(d)
3. CFOP 170-14 Response to the Human Trafficking of Children p. 11p. 27

No CFOP cites this provision.

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