P RESENTED BY : T RACY S HEEHAN, C IRCUIT C OURT J UDGE & J ON J OHNSON, G ENERAL M AGISTRATE T HE T HIRTEENTH J UDICIAL C IRCUIT T AMPA, F LORIDA I N THE T RENCHES : J UVENILE D EPENDENCY C ASES FROM S HELTER TO A DOPTION

Permanency Determination by the Court- (1)Time is of the essence for permanency of children in the dependency system. A permanency hearing must be held no later than 12 months after the date the child was removed from the home or no later than 30 days after a court determines that reasonable efforts to return a child to either parent are not required Grounds for Termination of Parental Rights- (e)When a child has been adjudicated dependent, a case plan has been filed with the court, and: (1) The child continues to be abused, neglected, or abandoned by the parent or parents. The failure of the parent to substantially comply with the case plan for a period of 9 months after an adjudication of the child as a dependent child or the child’s placement into shelter care, whichever occurs first.

Time Limitations; Continuances- (1)The Legislature finds that time is of the essence for establishing permanency for a child in the dependency system. Time limitations are a right of the child which may not be waived, extended, or continued at the request of the party except as provided in this section.

Best Way to Manage a Dependency Case is to Think Permanency from Day One!

Visitation Child Support Placement Referrals

Who’s the Father?

Legal vs. Prospective Father Participation of Prospective Father One man legal father and another man identified who may have rights to child or two men meet the Chapter 39 definition of parent See Shuler v. Guardian Ad Litem Program, 34 Fla. L. Weekly D1364 (Fla. 5 th DCA 2009)

Interim Placement Report & Probable Cause Affidavit for Dependency Petition – Shelter Hearing Information

Interim Placement Report & Probable Cause Affidavit for Dependency Petition – Probable Cause Statement

Interim Placement Report & Probable Cause Affidavit for Dependency Petition – Probable Cause Statement, Cont.

Interim Placement Report & Probable Cause Affidavit for Dependency Petition

Interim Placement Report & Probable Cause Affidavit for Dependency Petition

Interim Placement Report & Probable Cause Affidavit for Dependency Petition

Hillsborough County Sheriff’s Office Child Protective Investigations Division – Notice of Hearing

Non-Offending Dads ( , , ) Relative Placements Incarcerated Parents

Case plan tasks must be reasonably related to reason child came into care Case plan amendments

Determine up front who is paying for services Understand that course completion does not mean task completion – parent must demonstrate competency with task STATUS FREQUENTLY AND EARLY (ideally, first status should be 30 days after disposition) Drug Issues

Assess case plan compliance Reassess reasonableness of case plan tasks

Review provider evaluations and progress reports Review Comprehensive Behavioral Health Assessments

Material Breach

12 mo.

Permanency – Nine months or twelve months (1)(e)(1) v Permanent Guardianship Voluntary Surrenders

TPR Advisories/Trials Appellate Process Adoption Process

Informed Consent Fully completed affidavit with documents physician reviewed Treatment Plan Second opinion for children up to five years old (DCF administrative Code )

Questions?

Thank you for your attention and participation.