Dependency Law Finder

1. 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 § 39.603 2 times: (1)(f)

   · 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.

   …plan is meaningful and designed to address facts and circumstances upon which the court based the finding of dependency in involuntary placements . . . .” § 39.603(1)(f), Fla. Stat. (2014). “Generic case plans that do not consider the needs and circumstances of the individual family violate these statutory directives, as…

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

   Reversed & remanded This opinion cites § 39.603 2 times: (1)(f)

   · 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.

   …The Mother does not challenge the adjudication of dependency, but she argues that the trial court's acceptance of the Department's case plan violates section 39.603(1)(f), Florida Statutes (2011), because the case plan does not meaningfully address the facts and circumstances that resulted in G.S.'s dependency. The Department…

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

   Reversed & remanded This opinion cites § 39.603 2 times: (1)(f)

   · 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.

   …The Mother does not challenge the adjudication of dependency, but she argues that the trial court’s acceptance of the Department’s case plan violates section 39.603(l)(f), Florida Statutes (2011), because the case plan does not meaningfully address the facts and circumstances that resulted in G.S.’s dependency. The Department…

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

   Affirmed This opinion cites § 39.603 2 times: (1), 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.

   …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 problem being…

5. 31 Foster Children v. Bush 329 F.3d 1255 · CA11-02-10180 · 11th Cir. 2003

   Affirmed in part, reversed in part This opinion cites § 39.603 2 times: (2), and 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.

   …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 after a hearing it may be amended by the court on its own motion or that of a party,…

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

   This opinion cites § 39.603 2 times: (2), and the section generally

   · cited by 1 in all courts

   …must include a "description of the type of home or institution in which the child is to be placed." That case plan must be approved by the court, section 39.603, and judicially reviewed on a regular basis. § 39.701, Fla. Stat. (Supp. 1998). It may be amended at any time to meet the needs of the child. §§ 39.601(9)(f)…

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

   Reversed & remanded This opinion cites § 39.603 1 time: (1)(f)

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

   …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 Shelter and…

8. K.C. v. Department of Children & Families 220 So. 3d 579 · 1D17-1902 · 1st DCA 2017

   Dismissed This opinion cites § 39.603 1 time: (1)

   Certiorari petition dismissed because the permanent guardianship order was non-final and the mother showed no irreparable harm, without prejudice to review of a final order.

   …the filing of a modified case plan. The order is not final because judicial labor remains to be done to achieve permanency for the dependent child. See § 39.603(1), Fla. Stat. (2017); M.M. v. Dep’t of Children & Families, 189 So. 3d 134, 137 (Fla. 2016); T.H. v. Dep’t of Children and Families, 736 So. 2d 126 (Fla. 1st…

9. 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 § 39.603 1 time: (1)(f)

   · 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.

   …must determine “[w]hether the plan is meaningful and designed to address facts and circumstances upon which the court based the finding of dependency.” § 39.603(l)(f). Later, the court’s determination whether there has been “substantial compliance” with the case plan will turn on whether “the circumstances which caused the…

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

    Affirmed This opinion cites § 39.603 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.

    …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 the case…

11. B.D.E. v. Department of Children & Families 829 So. 2d 359 · 1D02-0563 · 1st DCA 2002

    Affirmed This opinion cites § 39.603 1 time: (2)

    · cited by 7 in all courts

    Order leaving the disabled child in the grandmother's long-term custody affirmed; despite the mother's case-plan compliance, return would be detrimental to the child.

    …the new case plan, the trial court did not require the parties to make any modifications in order to incorporate terms of earlier case plans. See § 39.603(2), Fla. Stat. (2000). [5] On March 21, 2000, the trial court entered an order granting B.D.E. visitation rights and setting a visitation schedule. [6] …

12. D.M. v. Department of Children & Families 807 So. 2d 90 · 5D01-2911 · 5th DCA 2002

    Affirmed This opinion cites § 39.603 1 time: (1)(f)

    · cited by 4 in all courts

    A non-dependent mother could be required to follow a case plan because she admitted she could not care for the children and voluntarily placed them.

    …was non-offending and the court found the children dependent only as to the father, it was error to require her to submit to a case plan. We affirm. Section 39.603(1)(f) provides: (1) At the hearing on the plan ... the court shall determine: (f) Whether the plan is meaningful and designed to address facts and circumstances…

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