Judicial review.§ 39.701
DCF forms citing it: CF-FSP 5426 Records and Resources Exchanged
Related court rules: Rule 8.415 Judicial review of dependency cases · Rule 8.286 · Rule 8.340 · Rule 8.401 · Rule 8.410 · Rule 8.425 · Rule 8.435 · Rule 8.535
65 opinions cite § 39.701
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31 Foster Children v. Bush 329 F.3d 1255 · CA11-02-10180 · 11th Cir. 2003
· 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.
…Id. § 39.603(2). The state court has continuing jurisdiction over a dependency case and reviews the child’s status at least every six months. Id. § 39.701(1)(a). Prior to the review hearing, the Department must furnish to the court a written report that includes, among other items, a description of the placement of…
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M.W. v. Davis 756 So. 2d 90 · SC95443 · Florida Supreme Court 2000
· 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.
…that this nonordinary residential placement was `consistent with the child's best interests and special needs.'" M.W., 722 So.2d at 969 (quoting section 39.701(7)(g), Florida Statutes (Supp.1998)). Accordingly, the Fourth District denied M.W.'s petition for a writ of habeas corpus. See id. ANALYSIS The question…
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J.B. v. Department of Children & Families 170 So. 3d 780 · SC14-1990 · Florida Supreme Court 2015
· cited by 26 in all courts
Supreme Court held the right to counsel in termination cases includes effective assistance, set a test and interim procedure, and approved denying this mother relief.
…39.402 (shelter and shelter review hearing); 39.506 (arraignment); 39.507 (dependency adjudicatory hearing); 39.521 (disposition); 39.621 (permanency); 39.701(judicial review); 39.808 (advisory and pretrial); 39.809 (termination adjudicatory), Fla. Stat. (2014). The amicus curiae brief filed by the GAL…
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B.D.E. v. Department of Children & Families 829 So. 2d 359 · 1D02-0563 · 1st DCA 2002
· 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.
…"if the court is satisfied that reunification will not be detrimental to the child's safety, well-being, and physical, mental, and emotional health." § 39.701(8)(b), Fla. Stat. (2001); see Fla. R. Juv. P. 8.415(f)(2). Inasmuch as the trial court was not so satisfied for reasons it adequately set forth in findings…
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C.S. v. S.H. 671 So. 2d 260 · 4D95-4099 · 4th DCA 1996
…the selection of an adoptive parent. [8] (Emphasis supplied). Part V of Chapter 39 addressing children in foster care similarly provides in subsection 39.453(1)(c) that: After termination of parental rights, the court shall retain jurisdiction over any child for whom custody is given to a social service agency until…
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C.S. v. S.H. 671 So. 2d 260 · DCA95-4099 · District Court of Appeal 1996
· cited by 35 in all courts
…over the selection of an adoptive parent. 8 (Emphasis supplied). Part V of Chapter 39 addressing children in foster care similarly provides in subsection 39.453(l)(c) that: After termination of parental rights, the court shall retain jurisdiction over any child for whom custody is given to a social service agency until…
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Department of Children & Family Services v. A.H. 768 So. 2d 1175 · 2D00-248 · 2nd DCA 2000
DCF had adequate notice that reunification could be ordered at the judicial review, but the order is reversed for lacking the required written findings.
…YOUR CHILD TO YOU OR OTHER FAMILY MEMBERS, LEAVE YOUR CHILD WITH THE CURRENT CUSTODIAN, OR START PROCEEDINGS TO CONSIDER ADOPTION FOR YOUR CHILDREN. Section 39.701(5), Florida Statutes (1999), provides that notice of a judicial review hearing must be served by the clerk of court upon, inter alia, the social service agency…
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M.W. v. Davis 722 So. 2d 966 · 4D98-3547 · 4th DCA 1999
· cited by 1 in all courts
…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) and 39.603(2), Fla. Stat. (Supp.1998). M.W. argues…
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In Interest of L.W. 615 So. 2d 834 · 4D91-3461 · 4th DCA 1993
· cited by 10 in all courts
…the Court retains jurisdiction of this child for the purpose of reviewing progress being made toward permanent adoptive placement. Part V of Florida Statute 39.453(c) specifically states that the jurisdiction of the Court after termination of parental rights is for the purpose of reviewing the status of the child and the…
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T.M.W. v. Department of Children & Families 4D21-0948 · 4th DCA 2021
Permanent guardianship order reversed because the hearing was noticed as a judicial review, not a permanency hearing, denying the mother fair notice and due process.
…rule. Relevant to this case, judicial reviews are governed by Florida Rule of Juvenile Procedure 8.415 (“Judicial Review of Dependency Cases”) and section 39.701, Florida Statutes (2021) (“Judicial review”). Neither the rule nor the statute on judicial reviews specifically contemplates immediate entry of a…
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R.W. v. Department of Children & Families 909 So. 2d 402 · 1D04-4853 · 1st DCA 2005
Permanent custody with the non-offending father affirmed; the mother's substantial case plan compliance did not mandate return to her.
…that, because the trial court found she substantially complied with her case plan and the case plan goal throughout the proceedings was reunification, section 39.701(9)(b), Florida Statutes (2004) mandates the court return the child to her. We affirm. When a child is adjudicated dependent, the court is required to place the…
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T.F. v. Department of Children & Family Services 881 So. 2d 702 · 1D03-5439 · 1st DCA 2004
· cited by 4 in all courts
Long-term relative placement reversed; the mother's unrebutted case plan compliance required reunification, and the court relied on unsworn assertions and hearsay.
…physical, mental, and emotional health." B.D.E. v. *703 Dep't of Children & Family Servs., 829 So.2d 359, 360 (Fla. 1st DCA 2002) (quoting section 39.701(8)(b), Florida Statutes); see also In the Interest of H.H., 865 So.2d 634, 635 (Fla. 2d DCA 2004). An order that determines that these requirements have not…
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C.F. v. Department of Children & Families 822 So. 2d 571 · 5D02-412 · 5th DCA 2002
· 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.
…court failed to adequately determine "the compliance or lack of compliance of all parties with applicable items of the case plan," as required by section 39.701(7)(d), Florida Statutes. See also, In Interest of L.W., 615 So.2d 834, 838 (Fla. 4th DCA 1993) (purpose of judicial review is to assure that the Department…
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McGillis v. Department of Children & Family Services 826 So. 2d 1028 · 3D01-1370 · 3rd DCA 2001
…in either the order, on appeal in case no. 3D00-841, which prohibits appellant from contact with one and limits it with another juvenile relative, see § 39.701(7),(8), Fla. Stat. (2000); 3 Fla.Jur.2d Appellate Review § 299 (1997), or the order, on appeal in case no. 3D01-1370, which terminates his status as a…
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L.L.C. v. Department of Children & Families 790 So. 2d 1239 · 5D00-3454 · 5th DCA 2001
· cited by 7 in all courts
Long-term relative placement reversed as too drastic after the mother completed her plan; court must extend the case plan toward possible reunification.
…in the best interest of the children and that the parent has had a material change in circumstances. The court was conducting a hearing pursuant to section 39.701(8)(b), which provides that the court shall return a child to the custody of its parents when it determines that they have substantially complied with the case plan…
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Department of Children & Family Services v. I.C. 742 So. 2d 401 · 4D99-206 · 4th DCA 1999
…the court could have issued an order in each child's case requiring the production of the child's records in a judicial review pursuant *405 to section 39.453(1)(a), Florida Statutes (1997). Such review may be made as frequently as the court deems necessary or desirable. Therefore, the trial court had the authority to…
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Department of Children & Family Services v. I.C. 742 So. 2d 401 · DCA99-206 · District Court of Appeal 1999
· cited by 23 in all courts
…the court could have issued an order in each child’s case requiring the production of the child’s records in a judicial review pursu *405 ant to section 39.453(l)(a), Florida Statutes (1997). Such review may be made as frequently as the court deems necessary or desirable. Therefore, the trial court had the authority to…
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L.Y. v. Department of Health & Rehabilitative Services 696 So. 2d 430 · 4D96-2384 · 4th DCA 1997
· cited by 4 in all courts
…already in place. See § 39.41(2)(a)10 (providing for court review of the status of foster care children in independent living situations pursuant to section 39.453); § 39.453 (providing for continuing jurisdiction of juvenile court to review status of foster care children, generally). As Judge Karlan points out, it is…
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In re S.H.P. 593 So. 2d 536 · DCA91-1269 · District Court of Appeal 1992
· cited by 1 in all courts
…in foster care for a specified period of time, or initiate termination of parental rights proceedings for subsequent placement in an adoptive home. Section 39.453, Florida Statutes (1989). Section 39.453(8)(f) provides that if, at the time of the 18-month judicial review, the child is not returned to the physical…
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In Interest of D.J.S. 563 So. 2d 655 · 1D88-141 · 1st DCA 1990
· cited by 37 in all courts
…statutorily authorized to be included in the guardian ad litem's reports and social services studies, at judicial review hearings and disposition hearings. §§ 39.453 and 39.469, Fla. Stat. (1987). However, the hearing we are now reviewing was neither a judicial review *698 hearing [21] nor a disposition hearing, but an…
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Doe v. Department of Health & Rehabilitative Services 563 So. 2d 655 · DCA88-141-2 · District Court of Appeal 1990
· cited by 5 in all courts
…statutorily authorized to be included in the guardian ad litem's reports and social services studies, at judicial review hearings and disposition hearings. §§ 39.453 and 39.469, Fla. Stat. (1987). However, the hearing we are now reviewing was neither a judicial re *698 view hearing 21 nor a disposition hearing, but an…
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C.H.-c. v. Miami Herald Publishing Co. 262 So. 3d 226 · 3D18-1421 · 3rd DCA 2018
Certiorari denied; the court properly let a newspaper obtain a redacted transcript of a dependency judicial review hearing as a person with a proper interest.
…or recording. Therefore, we deny the petition.1 The children were the subject of a January 17, 2018 judicial review hearing held pursuant to section 39.701, Florida Statutes (2018). The Miami Herald, via its reporter Carol Marbin Miller (also named as a Respondent), was not present at that hearing. The Herald…
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A.R. v. Department of Children & Families 239 So. 3d 1266 · 2D17-2815 · 2nd DCA 2018
Order placing children in permanent guardianship and custody quashed because the mother lacked notice of the goal change and an opportunity to present evidence.
…permanency hearing, the [D]epartment shall file its judicial review social services report with the court and serve copies of the report on all parties"); § 39.701(2)(b)(1) (requiring that the parent "must be served" the Department's and the Guardian ad Litem Program's written reports seventy-two hours before the judicial…
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T.B. v. Department of Children & Families 222 So. 3d 646 · 5D17-807-2 · 5th DCA 2017
· cited by 2 in all courts
Order modifying permanency and visitation reversed because the incarcerated father was denied due process by being absent from the hearing without waiver.
…parents substantially complied with the case plan, the trial court reunified as to both parents, and set a hearing for six months later as required by section 39.701(1)(b), Florida Statutes (2016). Shortly after reunification, but before the hearing, the father was arrested for burglary and larceny. At the judicial review…
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T.B. v. Department of Children & Families 5D17-807 · 5th DCA 2017
Order modifying permanency and visitation reversed because the incarcerated father was denied due process by being absent from the hearing without waiver.
…substantially complied with the case plan, the trial court reunified as to both parents, and set a hearing for six months later as required by section 39.701(1)(b), Florida Statutes (2016). Shortly after reunification, but before the hearing, the father was arrested for burglary and larceny. At the judicial…
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S.M. v. Department of Children & Families 202 So. 3d 769 · SC15-2127 · Florida Supreme Court 2016
· 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.
…(Rules 8.400, 8.401 and 8.410), and finally the Termination of Parental Rights Petition (Rule 8.500). Judicial reviews are provided for by statute, section 39.701, and embedded throughout the process (Rule 8.415). For termination to occur, section 39.806, Florida Statutes, requires that the trial court find by…
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R.N. v. Department of Children & Families 25 So. 3d 697 · 5D09-1777 · 5th DCA 2010
· 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.
…health, mental health, and education records required by s. 39.6012 when the child's updated health and education records are filed by the department under s. 39.701(8)(a). (7) Amendments must include service interventions that are the least intrusive into the life of the parent and child, must focus on clearly defined…
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K.E. v. Department of Children & Families 958 So. 2d 968 · 5D06-3294 · 5th DCA 2007
· 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.
…reunification with the children if she substantially complied with her case plan and if reunification would not be detrimental to the children."); §§ 39.522(2) and 39.701(9)(b), Fla. Stat. (2006). In a situation where the offending parent has not yet substantially complied with the case plan and the time for such compliance has not…
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R.F. v. Department of Children & Families 949 So. 2d 357 · 4D06-2508 · 4th DCA 2007
· cited by 1 in all courts
…be detrimental to the child's safety, well-being, and physical, mental, and emotional health, the court shall return the minor child to his father. See § 39.701(9)(b), Fla. Stat. (2006). Reversed. WARNER, GROSS and TAYLOR, JJ., concur.
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B.B. v. P.J.M. 933 So. 2d 57 · 1D05-0510 · 1st DCA 2006
· cited by 3 in all courts
Adoption by grandparents reversed over a dissent: the unmarried father was established as the father through the dependency proceeding, so his consent was required.
…material facts required more than the acceptance and reliance by every interested party, as was true here, before they could be "established." [5] See § 39.701, Fla. Stat. (2004). [6] The term "master" was replaced with "magistrate" throughout the Florida Statutes, and various rules of court procedure, after the…
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S.P. v. Department of Children & Families 904 So. 2d 615 · 4D04-4619 · 4th DCA 2005
· cited by 1 in all courts
Denial of reunification reversed because the mother had completed her case plan and the court made no findings that return would be unsafe.
…and the information that I've seen. The court denied the motion for reunification and granted DCF's motion to terminate protective supervision. Section 39.701(8)(b), Florida Statutes (2002) states: The court shall return the child to the custody of the parents at any time it determines that they have substantially…
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In re H.H. 865 So. 2d 634 · 2D03-2376 · 2nd DCA 2004
· cited by 10 in all courts
Long-term relative placements reversed because the record did not support case plan noncompliance and no specific findings showed reunification would be detrimental.
…well-being, and physical, mental, and emotional health.'" B.D.E. v. Dep't of Children & Family Servs., 829 So.2d 359, 360 (Fla. 1st DCA 2002) (quoting § 39.701(8)(b), Fla. Stat. (2001)); see also In re M.C., 796 So.2d 566 , 568 (Fla. 2d DCA 2001). Additionally, "[w]e will not reverse an order that determines…
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R.F. v. Department of Children & Families 844 So. 2d 821 · 5D02-3363 · 5th DCA 2003
· cited by 3 in all courts
Denial of the father's reunification motion affirmed despite case plan compliance and a positive home study, because return would harm the children, who feared him.
…Florida Statutes, requires the trial court to place the children with the parent upon completion of a home study, this section and sections 39.522(2) and 39.701(8)(b), Florida Statutes, provide that the return to the parent is authorized only when the placement will not be detrimental to the children's safety, well-being,…
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Department of Children & Families v. J.L. 834 So. 2d 360 · 5D02-2177 · 5th DCA 2003
DCF's appeal affirmed without opinion; a concurrence said DCF was probably right about delaying a termination plan but the issue was largely moot.
…for such an expectation, the trial judge chose to conclude that if the mother were given a bit more time, it could happen. The question is whether section 39.701(8)(f), Florida Statutes (2001), will permit it. The statute sets a twelve month limit for shelter and will allow an extension only if “the situation of the child is…
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Department of Children & Family Services v. J.C. 847 So. 2d 487 · 3D01-2620 · 3rd DCA 2002
· cited by 8 in all courts
DCF's petition denied; the court could review the adoptive placement and keep the child with his long-time caregiver pending hearing after DCF abruptly removed him.
…identical to the 1994 version. A comparison of the 1993 and 1994 statutes follows: Fla. Stat. § 39.47 (4)(1993) Fla. Stat. § 39.453 (1)(c)(1994) The Court shall retain jurisdiction over any The Court shall retain jurisdiction over any child for whom custody is given to a…
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In re M.C. 796 So. 2d 566 · 2D01-168 · 2nd DCA 2001
· cited by 3 in all courts
Order denying the mother's motion to reopen and ending supervision reversed; a judicial review aimed at reunification and full due process is required.
…the November 8, 2000, order and direct the trial court to conduct a judicial review in compliance with Florida Rule of Juvenile Procedure 8.415(f) and section 39.701, Florida Statutes (2000). The trial court shall ensure that P.D. is afforded full due process. Because the 1995 case plan goal is reunification, the judicial…
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A.G. v. Department of Children & Family Services 716 So. 2d 792 · 4D97-4231 · 4th DCA 1998
· cited by 4 in all courts
…conditions. Additionally, after two of the children were placed in foster care, the court conducted the mandatory judicial review hearings required by section 39.453, Florida Statutes (Supp.1994). Accordingly, the petition for writ of mandamus is denied. WARNER, POLEN and KLEIN, JJ., concur. ON MOTION FOR…
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S.J. v. Department of Health & Rehabilitative Services 700 So. 2d 71 · 1D97-432 · 1st DCA 1997
· cited by 7 in all courts
…circuit court, if the court finds the parents failed to comply with a case plan and the court determines at a judicial review hearing held pursuant to section 39.453, that neither reunification, termination of parental rights, nor adoption is in the child's best interest. See In the Interest of S.H.P., III, 593 So.2d…
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In re Interest of G.R.S. 647 So. 2d 1025 · 4D93-1737 · 4th DCA 1994
· cited by 10 in all courts
…performance agreement if the need arises) for a period of six (6) months from the date of the issuance of mandate in this case in accordance with section 39.453(8)(e), Florida Statutes. REVERSED AND REMANDED. FARMER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
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In Interest of J.Z. 636 So. 2d 726 · 2D93-00740 · 2nd DCA 1993
· cited by 7 in all courts
…court determines that the parents have failed to comply with the performance agreement and the court determines at a judicial review held pursuant to section 39.453, that neither reunification, termination of parental rights, nor adoption is in the best interest of the child. Additionally, certain conditions referenced in…
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Department of Health & Rehabilitative Services v. D.H. 575 So. 2d 1382 · DCA90-1728 · District Court of Appeal 1991
…charged with homicide, the judge vacated the order of dependency and left the child to the total care of his jailers, de facto not de jure. Under section 39.453(1)(b), Florida Statutes (1989), the court had the option to terminate jurisdiction over the child (which was done, in effect, by the order vacating the order of…
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In Interest of J.A. 561 So. 2d 356 · 3D89-1739 · 3rd DCA 1990
· cited by 12 in all courts
…a view toward returning custody to her."). Once the child is in foster care, the court must conduct a review of the child's status at specified intervals. § 39.453, Fla. Stat. (1989). If, at the time the trial court conducts its 18-month review, the child has not returned to the physical custody of his natural parents,…
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In re Amendments to Florida Rule of Juvenile Procedure 8.255 3 So. 3d 1239 · SC08-1236 · Florida Supreme Court 2009
· cited by 1 in all courts
…any party to file a motion to excuse the presence of the child. The Steering Committee states that the proposed amendment is intended to implement section 39.701(6)(a), Florida Statutes (2008). That section requires the court in dependency proceedings to hold a judicial review hearing within ninety days after a child's…
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In re Amendments to the Florida Rules of Juvenile Procedure – Corrected Opinion SC15-150-3 · Florida Supreme Court 2015
…by the Committee. The more significant amendments make the following changes to the rules. 2. See ch. 2014-166, § 1, Laws of Fla. (amending § 39.701(3)(a), Fla. Stat.); ch. 2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§ 39.402(8)(h), (9); 39.501(3)(d); 39.701(2)(c), (3)(a), Fla. Stat.); ch. 2014-227, § 1,…
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In re Amendments to the Florida Rules of Juvenile Procedure 158 So. 3d 523 · SC15-150-5 · Florida Supreme Court 2015
· cited by 4 in all courts
…by the Committee. The more significant amendments make the following changes to the rules. 2. See ch. 2014-166, § 1, Laws of Fla. (amending § 39.701(3)(a), Fla. Stat.); ch. 2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§ 39.402(8)(h), (9); 39.501(3)(d); 39.701(2)(c), (3)(a), Fla. Stat.); ch. 2014-227, § 1,…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report SC19-1818 · Florida Supreme Court 2020
…considering the 2. See ch. 2019-142, §§ 5-6, 9-10, Laws of Fla. (amending §§ 39.402(8)(h), 39.407(3)(d)1., 39.407(6)(g)2., 39.6251(2)(e), 39.6251(6), 39.701(2)(d), and 39.701(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),…
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In re Amendments to the Florida Rules of Juvenile Procedure – 2020 Fast-Track Report SC20-1153-2 · Florida Supreme Court 2020
…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 Searches,…
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Amendments to the Florida Rules of Juvenile Procedure 898 So. 2d 47 · SC04-1653 · Florida Supreme Court 2005
…for failing to comply with its obligations under a case plan or in provision of independent living services. This amendment conforms the rule to section 39.701, Florida Statutes (2004) (“Judicial Review”), which was amended in 2004 to create a procedure by which a court could find the department in contempt under the…
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In re Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation SC2024-1093 · Florida Supreme Court 2024
…by chapter 2024-177, section 4, Laws of Florida. -3- Further, consistent with the language added to section 39.701(3), Florida Statutes (2023), by section 24 of chapter 2024- 70, Laws of Florida, we amend rule 8.415(b)(3) (Scheduling Hearings; Review Hearings for Children…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2021 Fast-Track Report SC21-1681-2 · Florida Supreme Court 2022
…order to effectuate a change of custody. Rule 8.415 (Judicial Review of Dependency Cases) is amended to address recent legislative changes to section 39.701(3), Florida Statutes (2021), which now requires a judicial review hearing when a dependent child turns 16. Such review was previously required only when a…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2021 Fast-Track Report SC21-1681 · Florida Supreme Court 2022
…order to effectuate a change of custody. Rule 8.415 (Judicial Review of Dependency Cases) is amended to address recent legislative changes to section 39.701(3), Florida Statutes (2021), which now requires a judicial review hearing when a dependent child turns 16. Such review was previously required only when a…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2018 Fast-Track Report 249 So. 3d 1175 · SC18-1047 · Florida Supreme Court 2018
…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. (2017) effective July 1, 2018). …
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In re Amendments to the Florida Rules of Juvenile Procedure – Corrected Opinion SC15-150-4 · Florida Supreme Court 2016
…Bar’s Juvenile Court Rules Committee (Committee) in a fast-track report to implement recent legislation. See ch. 2014-166, § 1, Laws of Fla. (amending § 39.701, Fla. Stat.); ch. 2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§ 39.402; 39.501; 39.701, Fla. Stat.); ch. 2014-227, § 1, Laws of Fla. (creating §…
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In re Amendments to the Florida Rules of Juvenile Procedure SC15-150 · Florida Supreme Court 2016
…Bar’s Juvenile Court Rules Committee (Committee) in a fast-track report to implement recent legislation. See ch. 2014-166, § 1, Laws of Fla. (amending § 39.701, Fla. Stat.); ch. 2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§ 39.402; 39.501; 39.701, Fla. Stat.); ch. 2014-227, § 1, Laws of Fla. (creating §…
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In re Amendments to the Florida Rules of Juvenile Procedure 191 So. 3d 257 · SC15-150-2 · Florida Supreme Court 2016
…Bar’s- Juvenile Court Rules Committee (Committee) in a fast-track report to implement recent legislation. See ch.2014-166, § 1, Laws of Fla. (amending § 39.701, Fla. Stat.); ' ch.2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§ 39.402; 39.501; 39.701, Fla.-Stat.); ch.2014-227, § 1, Laws of Fla. (creating §…
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In re Amendments to Florida Rules of Juvenile Procedure 136 So. 3d 508 · SC13-2385 · Florida Supreme Court 2014
…6 months to allow the social service agency to comply with its obligations under the case plan. (4) At any judicial review held under section 39.701(6)(3), Florida Statutes, if, in the opinion of the court, the department has not complied withmet its obligations to the child as specifiedstated in the written…
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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
…not more than 6 months to allow the social service agency to comply with its obligations under the case plan. (4) At any judicial review held under section 39.701(6), Florida Statutes, if, in the opinion of the court, the department has not complied with its obligations as specified in the written case plan or in the…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2020 Fast-Track Report SC20-1153 · Florida Supreme Court 2021
…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 to,…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2017 Fast-Track Report 235 So. 3d 322 · SC17-2040 · Florida Supreme Court 2018
…Order, and Case Plan) add language that must be included in a notice 2. See ch. 2017-8, §§ 3, 8, Laws of Fla. (amending § 39.701(3)(a), Fla. Stat.; effective May 1, 2017); ch. 2017-151, §§ 3, 7, 10, 12-13, 17, 21, 46, Laws of Fla. (amending §§ 39.013(2), 39.402(8)(c), 39.507(7)(b),…
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In re Amendments to the Florida Rules of Juvenile Procedure-2017 Fast-Track Report 235 So. 3d 322 · SC17-2040-2 · Florida Supreme Court 2018
…[[Image here]] [[Image here]] [[Image here]] [[Image here]] . Art. V, § 2(a), Fla. Const. . See ch. 2017-8, §§ 3, 8,. Laws of Fla. (amending § 39.701(3)(a), Fla. Stat.; effective May 1, 2017); ch, 2017-151, §§ 3, 7, 10, 12-13, 17, 21, 46, Laws of,Fla. (amending §§ 39.013(2), 39.402(8)(c)j 39.5Q7(7)(b),…
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In re Amendments to Rules of Juvenile Proc. 915 So. 2d 592 · SC05-1303-2 · Florida Supreme Court 2005
· cited by 1 in all courts
… .....(phone number)..... NOTES [1] The proposed amendments conform the rules to chapter 2004-362, section 2, Laws of Florida (amending § 39.701(6), Fla. Stat.); chapter 2005-65, section 2, Laws of Florida (amending § 39.407(3), Fla. Stat.); chapter 2005-179, section 1, Laws of Florida (amending §…
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Amendments to Florida Rules of Juvenile Procedure 8.135 & 8.510 816 So. 2d 536 · SC01-1937 · Florida Supreme Court 2002
· cited by 3 in all courts
…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 of guardian ad litem; and rule 8.415(d), judicial review of dependency…
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Amendment to Rules of Juvenile Proc. 8.350 804 So. 2d 1206 · SC00-2044 · Florida Supreme Court 2001
· cited by 4 in all courts
Supreme Court adopts rule 8.350 setting procedures, including hearings and guardian ad litem appointment, for placing a dependent child in residential mental health treatment.
…and submitted to the court before its 3 month review. 3. For any child in residential treatment at the time a judicial review is held pursuant to s. 39.701, the child's continued placement in residential treatment must be a subject of the judicial review. 4. If at any time the court determines that the child…
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In re Proposed Amendment to Florida Rule of Judicial Administration 2.052(a) 770 So. 2d 152 · SC96265 · Florida Supreme Court 2000
· cited by 1 in all courts
…precedence. . See, e.g., § 39.001 (h) — (j), Fla.Stat. (1999) (recognizing permanent placement for dependent children as one purpose of Chapter 39); § 39.701(8)(f), Fla.Stat. (1999) (requiring judicial review to plan for child’s permanency *153 no later than 12 months after the date the child is placed in shelter care);…
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In re Amendments to the Florida Rules of Juvenile Procedure 648 So. 2d 115 · SC84336 · Florida Supreme Court 1994
…Statutes; and proposed an amendment to rule 8.415 (judicial review hearings), to implement additional 1994 legislative changes to sections 39.451, 39.452, and 39.453, of the Florida Statutes. The proposed amendments and the addition were unanimously endorsed by the Board of Governors of The Florida Bar. We approve the…
No opinion cites this provision by number.
11 admin code rules cite § 39.701
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.
- Rule 65C-16.003 Case Reviews. Implements
- Rule 65C-16.007 Abuse Hotline and Registry and Criminal Records Checks. Implements
- Rule 65C-28.001 Definitions. Implements
- Rule 65C-28.006 Permanency Staffings. Implements
- Rule 65C-28.009 Transition to Adulthood. Implements(5)(6)(7)cites (3), (3)(b)
- Rule 65C-28.014 Behavioral Health Services. Implements
- Rule 65C-30.001 Definitions. Implements
- Rule 65C-30.013 Judicial Reviews and Court Reports. Implements(1)(d)cites (2)(a)
- Rule 65C-30.016 New Children in Families under Supervision. Implements
- Rule 65C-30.018 Out-of-County Services. Implements
- Rule 65C-30.022 Termination of Services. Implements
No admin code rule cites this provision.
6 CFOPs cite § 39.701
How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.
- CFOP 15-14 Publishing Filing and Distributing Reports Required by Law p. 8 (2)(a)
- CFOP 170-1 Florida Child Welfare Practice Model p. 130 (1)(h)p. 133 (1)(h)p. 136 (1)(h)
- CFOP 170-9 Family Assessment and Case Planning p. 37
- CFOP 170-11 Placement p. 22p. 23
- CFOP 170-13 Child Support in Child Welfare Cases p. 4 (2)(c)
- CFOP 170-17 Services for Transitioning Youth and Young Adults p. 9 (3)p. 10 (3)(b)p. 13 (3)p. 14 (3)
No CFOP cites this provision.
Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.
(1) GENERAL PROVISIONS. —
(a) The court shall have continuing jurisdiction in accordance with this section and shall review the status of the child at least every 6 months as required by this subsection or more frequently if the court deems it necessary or desirable.
(b)1. The court shall retain jurisdiction over a child returned to his or her parents for a minimum period of 6 months after the reunification, but, at that time, based on a report of the social service agency and the guardian ad litem and any other relevant factors, the court shall make a determination as to whether supervision by the department and the court’s jurisdiction shall continue or be terminated.
2. Notwithstanding subparagraph 1., the court must retain jurisdiction over a child if the child is placed in the home with a parent or caregiver with an in-home safety plan and such safety plan remains necessary for the child to reside safely in the home.
(c)1. The court shall review the status of the child and shall hold a hearing as provided in this part at least every 6 months until the child reaches permanency status. The court may dispense with the attendance of the child at the hearing, but may not dispense with the hearing or the presence of other parties to the review unless before the review a hearing is held before a citizen review panel.
2. Citizen review panels may conduct hearings to review the status of a child. The court shall select the cases appropriate for referral to the citizen review panels and may order the attendance of the parties at the review panel hearings. However, any party may object to the referral of a case to a citizen review panel. Whenever such an objection has been filed with the court, the court shall review the substance of the objection and may conduct the review itself or refer the review to a citizen review panel. All parties retain the right to take exception to the findings or recommended orders of a citizen review panel in accordance with Rule 1.490(h), Florida Rules of Civil Procedure.
3. Notice of a hearing by a citizen review panel must be provided as set forth in paragraph (f). At the conclusion of a citizen review panel hearing, each party may propose a recommended order to the chairperson of the panel. Thereafter, the citizen review panel shall submit its report, copies of the proposed recommended orders, and a copy of the panel’s recommended order to the court. The citizen review panel’s recommended order must be limited to the dispositional options available to the court in paragraph (2)(d). Each party may file exceptions to the report and recommended order of the citizen review panel in accordance with Rule 1.490, Florida Rules of Civil Procedure.
(d)1. The initial judicial review hearing must be held no later than 90 days after the date of the disposition hearing or after the date of the hearing at which the court approves the case plan, whichever comes first, but in no event shall the review be held later than 6 months after the date the child was removed from the home. Citizen review panels may not conduct more than two consecutive reviews without the child and the parties coming before the court for a judicial review.
2. If the citizen review panel recommends extending the goal of reunification for any case plan beyond 12 months from the date the child was removed from the home, the case plan was adopted, or the child was adjudicated dependent, whichever date came first, the court must schedule a judicial review hearing to be conducted by the court within 30 days after receiving the recommendation from the citizen review panel.
3. If the child is placed in the custody of the department or a licensed child-placing agency for the purpose of adoptive placement, judicial reviews must be held at least every 6 months until the adoption is finalized.
4. If the department and the court have established a formal agreement that includes specific authorization for particular cases, the department may conduct administrative reviews instead of the judicial reviews for children in out-of-home care. Notices of such administrative reviews must be provided to all parties. However, an administrative review may not be substituted for the first judicial review, and in every case the court must conduct a judicial review at least every 6 months. Any party dissatisfied with the results of an administrative review may petition for a judicial review.
5. The clerk of the circuit court shall schedule judicial review hearings in order to comply with the mandated times cited in this section.
6. In each case in which a child has been voluntarily placed with the licensed child-placing agency, the agency shall notify the clerk of the court in the circuit where the child resides of such placement within 5 working days. Notification of the court is not required for any child who will be in out-of-home care no longer than 30 days unless that child is placed in out-of-home care a second time within a 12-month period. If the child is returned to the custody of the parents before the scheduled review hearing or if the child is placed for adoption, the child-placing agency shall notify the court of the child’s return or placement within 5 working days, and the clerk of the court shall cancel the review hearing.
(e) The court shall schedule the date, time, and location of the next judicial review during the judicial review hearing and shall list same in the judicial review order.
(f) Notice of a judicial review hearing or a citizen review panel hearing, and a copy of the motion for judicial review, if any, must be served by the clerk of the court upon all of the following persons, if available to be served, regardless of whether the person was present at the previous hearing at which the date, time, and location of the hearing was announced:
1. The social service agency charged with the supervision of care, custody, or guardianship of the child, if that agency is not the movant.
2. The foster parent or legal custodian in whose home the child resides.
3. The parents.
4. The guardian ad litem for the child.
5. The attorney ad litem for the child, if one is appointed.
6. The child, if the child is 13 years of age or older.
7. Any preadoptive parent.
8. Such other persons as the court may direct.
(g) The attorney for the department shall notify a relative who submits a request for notification of all proceedings and hearings pursuant to s. 39.301(14)(b). The notice shall include the date, time, and location of the next judicial review hearing.
(h) If a child is born into a family that is under the court’s jurisdiction or a child moves into a home that is under the court’s jurisdiction, the department shall assess the child’s safety and provide notice to the court.
1. The department shall complete an assessment to determine how the addition of a child will impact family functioning. The assessment must be completed at least 30 days before a child is expected to be born or to move into a home, or within 72 hours after the department learns of the pregnancy or addition if the child is expected to be born or to move into the home in less than 30 days. The assessment shall be filed with the court.
2. Once a child is born into a family or a child moves into the home, the department shall complete a progress update and file it with the court.
3. The court has the discretion to hold a hearing on the progress update filed by the department.
(2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF AGE. —
(a) Social study report for judicial review. — Before every judicial review hearing or citizen review panel hearing, the social service agency shall make an investigation and social study concerning all pertinent details relating to the child and shall furnish to the court or citizen review panel a written report that includes, but is not limited to:
1. A description of the type of placement the child is in at the time of the hearing, including the safety of the child and the continuing necessity for and appropriateness of the placement.
2. Documentation of the diligent efforts made by all parties to the case plan to comply with each applicable provision of the plan.
3. The amount of fees assessed and collected during the period of time being reported.
4. The services provided to the foster family or caregiver in an effort to address the needs of the child as indicated in the case plan.
5. A statement that either:
a. The parent, though able to do so, did not comply substantially with the case plan, and the agency recommendations;
b. The parent did substantially comply with the case plan; or
c. The parent has partially complied with the case plan, with a summary of additional progress needed and the agency recommendations.
6. A statement from the foster parent or caregiver providing any material evidence concerning the well-being of the child, the impact of any services provided to the child, the working relationship between the parents and caregivers, and the return of the child to the parents.
7. A statement concerning the frequency, duration, and results of the parent-child visitation, if any, and the agency and caregiver recommendations for an expansion or restriction of future visitation.
8. The number of times a child has been removed from his or her home and placed elsewhere, the number and types of placements that have occurred, and the reason for the changes in placement.
9. The number of times a child’s educational placement has been changed, the number and types of educational placements which have occurred, and the reason for any change in placement.
10. If the child has reached 13 years of age but is not yet 18 years of age, a statement from the caregiver on the progress the child has made in acquiring independent living skills.
11. Copies of all medical, psychological, and educational records that support the terms of the case plan and that have been produced concerning the parents or any caregiver since the last judicial review hearing.
12. Copies of the child’s current health, mental health, and education records as identified in s. 39.6012.
(b) Submission and distribution of reports. —
1. A copy of the social service agency’s written report and the written report of the guardian ad litem must be served on all parties whose whereabouts are known; to the foster parents or legal custodians; and to the citizen review panel, at least 72 hours before the judicial review hearing or citizen review panel hearing. The requirement for providing parents with a copy of the written report does not apply to those parents who have voluntarily surrendered their child for adoption or who have had their parental rights to the child terminated.
2. In a case in which the child has been permanently placed with the social service agency, the agency shall furnish to the court a written report concerning the progress being made to place the child for adoption. If the child cannot be placed for adoption, a report on the progress made by the child towards alternative permanency goals or placements, including, but not limited to, guardianship, long-term custody, long-term licensed custody, or independent living, must be submitted to the court. The report must be submitted to the court at least 72 hours before each scheduled judicial review.
3. In addition to or in lieu of any written statement provided to the court, the foster parent or legal custodian, or any preadoptive parent, shall be given the opportunity to address the court with any information relevant to the best interests of the child at any judicial review hearing.
(c) Review determinations. — The court and any citizen review panel shall take into consideration the information contained in the social services study and investigation and all medical, psychological, and educational records that support the terms of the case plan; testimony by the social services agency, the parent, the foster parent or caregiver, the guardian ad litem, the surrogate parent for educational decisionmaking if one has been appointed for the child, and any other person deemed appropriate; and any relevant and material evidence submitted to the court, including written and oral reports to the extent of their probative value. These reports and evidence may be received by the court in its effort to determine the action to be taken with regard to the child and may be relied upon to the extent of their probative value, even though not competent in an adjudicatory hearing. In its deliberations, the court and any citizen review panel shall seek to determine:
1. If the parent was advised of the right to receive assistance from any person or social service agency in the preparation of the case plan.
2. If the parent has been advised of the right to have counsel present at the judicial review or citizen review hearings. If not so advised, the court or citizen review panel shall advise the parent of such right.
3. If a guardian ad litem needs to be appointed for the child in a case in which a guardian ad litem has not previously been appointed.
4. Who holds the rights to make educational decisions for the child. If appropriate, the court may refer the child to the district school superintendent for appointment of a surrogate parent or may itself appoint a surrogate parent under the Individuals with Disabilities Education Act and s. 39.0016.
5. The compliance or lack of compliance of all parties with applicable items of the case plan, including the parents’ compliance with child support orders.
6. The compliance or lack of compliance with a visitation contract between the parent and the social service agency for contact with the child, including the frequency, duration, and results of the parent-child visitation and the reason for any noncompliance.
7. The frequency, kind, and duration of contacts among siblings who have been separated during placement, as well as any efforts undertaken to reunite separated siblings if doing so is in the best interests of the child.
8. The compliance or lack of compliance of the parent in meeting specified financial obligations pertaining to the care of the child, including the reason for failure to comply, if applicable.
9. Whether the child is receiving safe and proper care according to s. 39.6012, including, but not limited to, the appropriateness of the child’s current placement, including whether the child is in a setting that is as family-like and as close to the parent’s home as possible, consistent with the child’s best interests and special needs, and including maintaining stability in the child’s educational placement, as documented by assurances from the community-based care lead agency that:
a. The placement of the child takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
b. The community-based care lead agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement.
10. A projected date likely for the child’s return home or other permanent placement.
11. When appropriate, the basis for the unwillingness or inability of the parent to become a party to a case plan. The court and the citizen review panel shall determine if the efforts of the social service agency to secure party participation in a case plan were sufficient.
12. For a child who has reached 13 years of age but is not yet 18 years of age, the adequacy of the child’s preparation for adulthood and independent living. For a child who is 15 years of age or older, the court shall determine if appropriate steps are being taken for the child to obtain a driver license or learner’s driver license.
13. If amendments to the case plan are required. Amendments to the case plan must be made under s. 39.6013.
14. If the parents and caregivers have developed a productive relationship that includes meaningful communication and mutual support.
(d) Orders. —
1. Based upon the criteria set forth in paragraph (c) and the recommended order of the citizen review panel, if any, the court shall determine whether the social service agency shall initiate proceedings to have a child declared a dependent child, return the child to the parent, continue the child in out-of-home care for a specified period of time, or initiate termination of parental rights proceedings for subsequent placement in an adoptive home. Amendments to the case plan must be prepared as provided in s. 39.6013. If the court finds that the prevention or reunification efforts of the department will allow the child to remain safely at home or be safely returned to the home, the court shall allow the child to remain in or return to the home after making a specific finding of fact that the reasons for the creation of the case plan have been remedied to the extent that the child’s safety, well-being, and physical, mental, and emotional health will not be endangered.
2. The court shall return the child to the custody of his or her parents at any time it determines that the circumstances that caused the out-of-home placement, and any issues subsequently identified, have been remedied to the extent that returning the child to the home with an in-home safety plan prepared or approved by the department will not be detrimental to the child’s safety, well-being, and physical, mental, and emotional health.
3. If, in the opinion of the court, the social service agency has not complied with its obligations as specified in the written case plan, the court may find the social service agency in contempt, shall order the social service agency to submit its plans for compliance with the agreement, and shall require the social service agency to show why the child could not safely be returned to the home of the parents.
4. If, at any judicial review, the court finds that the parents have failed to substantially comply with the case plan to the degree that further reunification efforts are without merit and not in the best interest of the child, on its own motion, the court may order the filing of a petition for termination of parental rights, regardless of whether the time period as contained in the case plan for substantial compliance has expired.
5. Within 6 months after the date that the child was placed in shelter care, the court shall conduct a judicial review hearing to review the child’s permanency goal as identified in the case plan. At the hearing the court shall make findings regarding the likelihood of the child’s reunification with the parent or legal custodian. In making such findings, the court shall consider the level of the parent or legal custodian’s compliance with the case plan and demonstrated change in protective capacities compared to that necessary to achieve timely reunification within 12 months after the removal of the child from the home. The court shall also consider the frequency, duration, manner, and level of engagement of the parent or legal custodian’s visitation with the child in compliance with the case plan. If the court makes a written finding that it is not likely that the child will be reunified with the parent or legal custodian within 12 months after the child was removed from the home, the department must file with the court, and serve on all parties, a motion to amend the case plan under s. 39.6013 and declare that it will use concurrent planning for the case plan. The department must file the motion within 10 business days after receiving the written finding of the court. The department must attach the proposed amended case plan to the motion. If concurrent planning is already being used, the case plan must document the efforts the department is taking to complete the concurrent goal.
6. The court may issue a protective order in assistance, or as a condition, of any other order made under this part. In addition to the requirements included in the case plan, the protective order may set forth requirements relating to reasonable conditions of behavior to be observed for a specified period of time by a person or agency who is before the court; and the order may require any person or agency to make periodic reports to the court containing such information as the court in its discretion may prescribe.
7. If, at any judicial review, the court determines that the child shall remain in out-of-home care in a placement other than with a parent, the court shall order that the department has placement and care responsibility for the child.
(3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE. — At each review hearing held under this subsection, the court shall give the child and the guardian ad litem the opportunity to address the court and provide any information relevant to the child’s best interest, particularly in relation to independent living transition services. The foster parent or legal custodian may also provide any information relevant to the child’s best interest to the court. In addition to the review and report required under paragraphs (1)(a) and (2)(a), respectively, and the review and report required under s. 39.822(2)(a)2., the court shall:
(a) Inquire about the life skills the child has acquired and whether those services are age appropriate, at the first judicial review hearing held subsequent to the child’s 16th birthday. At the judicial review hearing, the department shall provide the court with a report that includes specific information related to the life skills that the child has acquired since the child’s 13th birthday or since the date the child came into foster care, whichever came later. For any child who may meet the requirements for appointment of a guardian advocate under s. 393.12 or a guardian under chapter 744, the updated case plan must be developed in a face-to-face conference with the child, if appropriate; the child’s attorney ad litem, if one is appointed; the child’s guardian ad litem; the temporary custodian of the child; and the parent of the child, if the parent’s rights have not been terminated.
(b) The court shall hold a judicial review hearing within 90 days after a child’s 17th birthday. The court shall issue an order, separate from the order on judicial review, that the disability of nonage of the child has been removed under ss. 743.044-743.047 for any disability that the court finds is in the child’s best interest to remove. The department shall include in the social study report for the first judicial review that occurs after the child’s 17th birthday written verification that the child has:
1. A current Medicaid card and all necessary information concerning the Medicaid program sufficient to prepare the child to apply for coverage upon reaching the age of 18, if such application is appropriate.
2. A certified copy of the child’s birth certificate and, if the child does not have a valid driver license, a Florida identification card issued under s. 322.051.
3. A social security card and information relating to social security insurance benefits if the child is eligible for those benefits. If the child has received such benefits and they are being held in trust for the child, a full accounting of these funds must be provided and the child must be informed as to how to access those funds.
4. All relevant information related to the Road-to-Independence Program under s. 409.1451, including, but not limited to, eligibility requirements, information on participation, and assistance in gaining admission to the program. If the child is eligible for the Road-to-Independence Program, he or she must be advised that he or she may continue to reside with the licensed family home or group care provider with whom the child was residing at the time the child attained his or her 18th birthday, in another licensed family home, or with a group care provider arranged by the department.
5. An open bank account or the identification necessary to open a bank account and to acquire essential banking and budgeting skills.
6. Information on public assistance and how to apply for public assistance.
7. A clear understanding of where he or she will be living on his or her 18th birthday, how living expenses will be paid, and the educational program or school in which he or she will be enrolled.
8. Information related to the ability of the child to remain in care until he or she reaches 21 years of age under s. 39.013.
9. A letter providing the dates that the child is under the jurisdiction of the court.
10. A letter stating that the child is in compliance with financial aid documentation requirements.
11. The child’s educational records.
12. The child’s entire health and mental health records.
13. The process for accessing the child’s case file.
14. A statement encouraging the child to attend all judicial review hearings.
15. Information on how to obtain a driver license or learner’s driver license.
(c) At the first judicial review hearing held subsequent to the child’s 17th birthday, if the court determines pursuant to chapter 744 that there is a good faith basis to believe that the child qualifies for appointment of a guardian advocate, limited guardian, or plenary guardian for the child and that no less restrictive decisionmaking assistance will meet the child’s needs:
1. The department shall complete a multidisciplinary report which must include, but is not limited to, a psychosocial evaluation and educational report if such a report has not been completed within the previous 2 years.
2. The department shall identify one or more individuals who are willing to serve as the guardian advocate under s. 393.12 or as the plenary or limited guardian under chapter 744. Any other interested parties or participants may make efforts to identify such a guardian advocate, limited guardian, or plenary guardian. The child’s biological or adoptive family members, including the child’s parents if the parents’ rights have not been terminated, may not be considered for service as the plenary or limited guardian unless the court enters a written order finding that such an appointment is in the child’s best interests.
3. Proceedings may be initiated within 180 days after the child’s 17th birthday for the appointment of a guardian advocate, plenary guardian, or limited guardian for the child in a separate proceeding in the court division with jurisdiction over guardianship matters and pursuant to chapter 744. The Legislature encourages the use of pro bono representation to initiate proceedings under this section.
4. In the event another interested party or participant initiates proceedings for the appointment of a guardian advocate, plenary guardian, or limited guardian for the child, the department shall provide all necessary documentation and information to the petitioner to complete a petition under s. 393.12 or chapter 744 within 45 days after the first judicial review hearing after the child’s 17th birthday.
5. Any proceedings seeking appointment of a guardian advocate or a determination of incapacity and the appointment of a guardian must be conducted in a separate proceeding in the court division with jurisdiction over guardianship matters and pursuant to chapter 744.
(d) If the court finds at the judicial review hearing after the child’s 17th birthday that the department has not met its obligations to the child as stated in this part, in the written case plan, or in the provision of independent living services, the court may issue an order directing the department to show cause as to why it has not done so. If the department cannot justify its noncompliance, the court may give the department 30 days within which to comply. If the department fails to comply within 30 days, the court may hold the department in contempt.
(e) If necessary, the court may review the status of the child more frequently during the year before the child’s 18th birthday. At the last review hearing before the child reaches 18 years of age, and in addition to the requirements of subsection (2), the court shall:
1. Address whether the child plans to remain in foster care, and, if so, ensure that the child’s transition plan includes a plan for meeting one or more of the criteria specified in s. 39.6251 and determine if the child has entered into a formal agreement for an ongoing relationship with a supportive adult.
2. Ensure that the transition plan includes a supervised living arrangement under s. 39.6251.
3. Ensure the child has been informed of:
a. The right to continued support and services from the department and the community-based care lead agency.
b. The right to request termination of dependency jurisdiction and be discharged from foster care.
c. The opportunity to reenter foster care under s. 39.6251.
4. Ensure that the child, if he or she requests termination of dependency jurisdiction and discharge from foster care, has been informed of:
a. Services or benefits for which the child may be eligible based on his or her former placement in foster care, including, but not limited to, the assistance of the Office of Continuing Care under s. 414.56.
b. Services or benefits that may be lost through termination of dependency jurisdiction.
c. Other federal, state, local, or community-based services or supports available to him or her.
(4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE. — During each period of time that a young adult remains in foster care, the court shall review the status of the young adult at least every 6 months and must hold a permanency review hearing at least annually.
(a) The department and community-based care lead agency shall prepare and submit to the court a report, developed in collaboration with the young adult, which addresses the young adult’s progress in meeting the goals in the case plan. The report must include progress information related to the young adult’s independent living plan and transition plan, if applicable, and shall propose modifications as necessary to further the young adult’s goals.
(b) The court shall attempt to determine whether the department and any service provider under contract with the department are providing the appropriate services as provided in the case plan.
(c) If the court believes that the young adult is entitled under department policy or under a contract with a service provider to additional services to achieve the goals enumerated in the case plan, it may order the department to take action to ensure that the young adult receives the identified services.
(d) The young adult or any other party to the dependency case may request an additional hearing or judicial review.
(e)1. Notwithstanding the provisions of this subsection, if a young adult has chosen to remain in extended foster care after he or she has reached 18 years of age, the department may not close a case and the court may not terminate jurisdiction until the court finds, following a hearing, that the following criteria have been met:
a. Attendance of the young adult at the hearing; or
b. Findings by the court that:
(I) The young adult has been informed by the department of his or her right to attend the hearing and has provided written consent to waive this right; and
(II) The young adult has been informed of the potential negative effects of early termination of care, the option to reenter care before reaching 21 years of age, the procedure for, and limitations on, reentering care, and the availability of alternative services, and has signed a document attesting that he or she has been so informed and understands these provisions; or
(III) The young adult has voluntarily left the program, has not signed the document in sub-subparagraph b., and is unwilling to participate in any further court proceeding.
2. In all permanency hearings or hearings regarding the transition of the young adult from care to independent living, the court shall consult with the young adult regarding the proposed permanency plan, case plan, and individual education plan for the young adult and ensure that he or she has understood the conversation. The court shall also inquire of the young adult regarding his or her relationship with the supportive adult with whom the young adult has entered into a formal agreement for an ongoing relationship, if such agreement exists.
(f) If the young adult elects to voluntarily leave extended foster care for the sole purpose of ending a removal episode and immediately thereafter executes a voluntary placement agreement with the department to reenroll in extended foster care, the court shall enter an order finding that the prior removal episode has ended. Under these circumstances, the court maintains jurisdiction and a petition to reinstate jurisdiction as provided in s. 39.6251(6)(b) is not required.
(g)1. When a young adult enters extended foster care by executing a voluntary placement agreement, the court shall enter an order within 180 days after execution of the agreement that determines whether the placement is in the best interest of the young adult. For purposes of this paragraph, a placement may include a licensed foster home, licensed group home, college dormitory, shared housing, apartment, or another housing arrangement, if the arrangement is approved by the community-based care lead agency and is acceptable to the young adult.
2. When a young adult is in extended foster care, each judicial review order shall provide that the department has placement and care responsibility for the young adult.
3. When a young adult is in extended foster care, the court shall enter an order at least every 12 months that includes a finding of whether the department has made reasonable efforts to finalize the permanency plan currently in effect.
History. s. 9, ch. 87-289; s. 11, ch. 90-306; s. 3, ch. 90-309; s. 3, ch. 91-183; s. 49, ch. 92-58; s. 6, ch. 92-158; s. 27, ch. 94-164; s. 78, ch. 98-403; s. 38, ch. 99-193; s. 32, ch. 2000-139; s. 2, ch. 2004-362; s. 7, ch. 2005-2; s. 2, ch. 2005-179; s. 23, ch. 2006-86; s. 8, ch. 2006-194; s. 14, ch. 2008-245; s. 4, ch. 2009-35; s. 13, ch. 2009-43; s. 13, ch. 2012-178; s. 6, ch. 2013-178; s. 7, ch. 2014-17; s. 1, ch. 2014-166; s. 17, ch. 2014-224; s. 3, ch. 2015-112; s. 3, ch. 2016-10; s. 3, ch. 2017-8; s. 20, ch. 2017-151; s. 12, ch. 2018-103; s. 10, ch. 2019-142; s. 7, ch. 2020-138; s. 13, ch. 2021-169; s. 24, ch. 2024-70.