Reinstatement of parental rights.§ 39.8155
DCF forms citing it: CF-FSP 5220 Tuition and Fee Exemption for Students in Foster Care/Independent Living/Adoption
Related court rules: Rule 8.540 Motion to reinstate parental rights
2 opinions cite § 39.8155
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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
…new subdivision (b)(3). Next, a new rule 8.540 (Motion to Reinstate Parental Rights) is created to conform with the recently enacted section 39.8155, Florida Statutes (2021). To align with section 39.8155, rule 8.540(a) states that the parent whose rights were terminated, or the …
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In re Amendments to the Florida Rules of Juvenile Procedure - 2021 Fast-Track Report SC21-1681 · Florida Supreme Court 2022
…new subdivision (b)(3). Next, a new rule 8.540 (Motion to Reinstate Parental Rights) is created to conform with the recently enacted section 39.8155, Florida Statutes (2021). To align with section 39.8155, rule 8.540(a) states that the parent whose rights were terminated, or the …
No opinion cites this provision by number.
2 admin code rules cite § 39.8155
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.
- Rule 6A-10.087 Postsecondary Education Benefits and Services for Students Who Have Been or are in Foster Care or are Experiencing Homelessness. (2)(e)4.
- Rule 65C-30.023 Multidisciplinary Team Staffing. (2)(n)
No admin code rule cites this provision.
1 CFOP cite § 39.8155
How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.
- CFOP 170-1 Florida Child Welfare Practice Model p. 20
No CFOP cites this provision.
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(1) After parental rights have been terminated in accordance with this part, the department, the parent whose rights were terminated, or the child may file a motion to reinstate the parent’s parental rights. The court may consider a motion to reinstate parental rights if:
(a) The grounds for termination of parental rights were based on s. 39.806(1)(a) or (e)1.-3.
(b) The parent is not the verified perpetrator of sexual or physical abuse of the child.
(c) The parent has not been a perpetrator involved in any verified reports of abuse, neglect, or abandonment since his or her parental rights for the child were terminated.
(d) The parent has not had his or her parental rights terminated for any other child, under any grounds, in this state or any other jurisdiction, since his or her parental rights for the child were terminated.
(e) The child is at least 13 years of age.
(f) The child has not achieved permanency and is not in a preadoptive placement, and at least 36 months have passed since the termination of parental rights.
(2) The court shall dismiss a motion to reinstate parental rights if the criteria are not met in subsection (1).
(3) If a motion to reinstate parental rights is filed, the court shall consider all relevant evidence, including whether:
(a) The child possesses sufficient maturity to express a preference regarding the reinstatement of parental rights.
(b) The child is not in a preadoptive home or under permanent guardianship.
(c) The parent has a documented change in behavior such that, given the current age and maturity of the child, the circumstances that brought the child into care are remedied.
(d) The parent demonstrates sufficient protective capacities, given the child’s age, physical and behavioral health, and any other specific characteristics and needs, such that the risk of the child reentering care is low.
(e) Both the parent and child wish to reinstate parental rights.
(f) The child’s guardian ad litem recommends the reinstatement of parental rights.
(4) Upon finding that the criteria in subsection (3) are established by clear and convincing evidence, the court shall order the department to conduct supervised visitation and trial home visits between the child and former parent for at least 3 consecutive months after the completion of a home study. In issuing the order, the court shall consider the transition plan developed by the child’s multidisciplinary team. The department shall report to the court at least once every 30 days regarding the former parent’s interactions with the child and recommend whether the court should reinstate parental rights. The department shall immediately cease the visitation with the former parent if there is an allegation of abuse, neglect, or abandonment of the child by the parent; if the department determines that the child’s safety or well-being is threatened; or that such visitation is not in the child’s best interest. The department shall immediately notify the court if it ceases visitation between the child and former parent.
(5) The court may reinstate parental rights upon a finding of clear and convincing evidence that it is in the best interest of the child. Upon ordering reinstatement of parental rights, the court shall place the child in the custody of the former parent with an in-home safety plan. The court shall retain jurisdiction for at least 6 months, during which the department shall supervise the placement and report to the court on the stability of the placement. The court shall determine whether its jurisdiction should be continued or terminated 6 months after reinstating parental rights based on a report from the department or the child’s guardian ad litem and any other relevant factors.
History. s. 15, ch. 2021-169.