Dependency Law Finder

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

   Reversed & remanded This opinion cites § 39.6013 8 times: (1), (2), (4)(b), (4)(c), and 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.

   …to change the case plan goal from reunification of the children with the mother, to placement of one or both of the children with their respective fathers. § 39.6013, Fla. Stat. (2005). A case plan is not required to have a goal of reunifying a child with the parent from whom the child was removed. . . . No case plan…

2. M.I. v. Department of Children & Families 45 So. 3d 878 · 4D09-3819 · 4th DCA 2010

   Affirmed This opinion cites § 39.6013 3 times, the section generally

   · cited by 5 in all courts

   Termination affirmed; the court could amend the case plan goal from permanent guardianship to adoption after the father stopped complying and chose incarceration over probation.

   …comply with the case plan. The Department argues-that it was fundamentally unfair for the trial court to amend the Father’s case plan goal. However, section 39.6013, Florida Statutes (2009) expressly allows the amendment of case plan goals by the court at any time: (2) The case plan may be amended at any time in…

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

   Certiorari / writ denied This opinion cites § 39.6013 3 times, 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.

   …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 Amends. to the Fla. Rules of Juv. Pro., 951 So.2d 804 (Fla.2007). Rule…

4. Department of Children & Family Services v. M.L. 984 So. 2d 606 · 3D08-1187 · 3rd DCA 2008

   Certiorari / writ denied This opinion cites § 39.6013 2 times, the section generally

   · cited by 1 in all courts

   DCF could not reinstate supervision by amending an old case plan three years after supervision ended; due process requires a new dependency proceeding.

   … DCFS argues that because the trial court retained jurisdiction three years earlier, DCFS simply can proceed based upon an amended case plan. See § 39.6013, Fla. Stat. (2007). We disagree. Section 39.6013 contemplates amendments to a case plan still in effect, a circumstance not present here. We further agree…

5. Department of Children & Families v. N.H. 174 So. 3d 572 · 3D15-1554 · 3rd DCA 2015

   Certiorari / writ granted This opinion cites § 39.6013 1 time, the section generally

   Certiorari granted, quashing the order excusing the father from case plan tasks, because recent domestic violence near the child gave no basis to amend.

   …injury which cannot be adequately remedied on appeal after final judgment. Belair v. Drew, 770 So. 2d 1164, 1166 (Fla. 2000). Section 39.6013, Florida Statutes (2015), authorizes the amendment of a case plan by the court or by agreement of all parties when certain conditions have occurred, and…

6. M.B.W. v. Department of Children & Families 163 So. 3d 1229 · 2D15-59 · 2nd DCA 2015

   Reversed & remanded This opinion cites § 39.6013 1 time, the section generally

   Case plan reversed because nothing in the record supported tasks beyond a parenting class; the unchallenged adjudication stands and an amended plan is required.

   …petition for writ of certiorari in part where the trial court sua sponte amended the case plan absent the requisite evidentiary showing pursuant to section 39.6013, Florida Statutes). As such, we affirm the adjudication of dependency, but we reverse the acceptance of the Father's case plan and remand for the Department…

7. 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 § 39.6013 1 time, the section generally

   · 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.

   …Father and the Mother to submit 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…

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

   Certiorari / writ granted This opinion cites § 39.6013 1 time, the section generally

   · 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.

   …and the Mother to submit 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.,…

9. A.L. v. Department of Children & Families 53 So. 3d 324 · 5D10-1927 · 5th DCA 2010

   Reversed & remanded This opinion cites § 39.6013 1 time, the section generally

   · 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.

   …that reunification with the offending parent 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…

10. In re G.C. 6 So. 3d 643 · 2D08-1409 · 2nd DCA 2009

    Reversed & remanded This opinion cites § 39.6013 1 time: (4)

    Termination reversed: case plan noncompliance did not show continuing harm, and DCF proved neither a threat to the children nor that services would be futile.

    …applicable in dependency hearings, see 39.507(1)(b), the court may continue the children's placement in foster care under an amended case plan, see 39.6013(4),.811(1)(a). Reversed and remanded for further proceedings. SILBERMAN and KELLY, JJ., Concur. NOTES [1] DCF also requested termination of the Father's…

11. J.C. v. Department of Children & Family Services 6 So. 3d 643 · 2D08-1409-2 · 2nd DCA 2009

    Reversed & remanded This opinion cites § 39.6013 1 time: (4)

    · cited by 8 in all courts

    Termination reversed: the parents largely complied with their case plans, and the department did not prove domestic violence or mental illness threatened the children.

    …applicable in dependency hearings, see 39.507(1)(b), the court may continue the children’s placement in foster care under an amended case plan, see 39.6013(4), .811(1)(a). Reversed and remanded for further proceedings. SILBERMAN and KELLY, JJ., Concur. . DCF also requested termination of the Father's…

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

    Affirmed This opinion cites § 39.6013 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.

    …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 fulfilling…

13. R.H. v. Department of Children & Families 948 So. 2d 898 · 5D06-1324 · 5th DCA 2007

    Reversed & remanded This opinion cites § 39.6013 1 time, the section generally

    · cited by 9 in all courts

    Closing the case and giving the fathers custody without notice or a written motion violated due process; the case plan noncompliance finding stood.

    …to change the case plan goal from reunification of the children with the mother, to placement of one or both of the children with their respective fathers. § 39.6013, Fla. Stat. (2005). A case plan is not required to have a goal of reunifying a child with the parent from whom the child was removed. As stated in F.M. v.…

14. In re Amendments to the Florida Rules of Juvenile Procedure - 2018 Fast-Track Report 249 So. 3d 1175 · SC18-1047 · Florida Supreme Court 2018

    Rule amendment This opinion cites § 39.6013 2 times, the section generally

    …ch. 2018-45, §§ 1-2, Laws of Fla. (creating § 39.6021(1), (5), Fla. Stat. effective July 1, 2018); ch. 2018-103, §§ 7-8, 9, 12, 33, Laws of Fla. (amending §§ 39.6013, 39.621(5), 39.6221(1), 39.701(2)(d), Fla. Stat. (2017) effective July 1, 2018); ch. 2018-108, §§ 2, 7, Laws of Fla. (amending § 39.402(11)(c), Fla. Stat.…

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1. Rule 65C-30.006 Case Planning. Implements
2. Rule 65C-30.016 New Children in Families under Supervision. Implements

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No CFOP cites § 39.6013.

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