Dependency Law Overview: From Shelter to Permanency

Dependency Law Overview: From Shelter to Permanency
Presenter: David Silverstein Assistant Attorney General

Sources Of Dependency Law
Chapter 39, Florida Statutes Rule 8, Florida Rules of Juvenile Procedure Florida Administrative Code – 65C DCF Operating Procedures Interstate Compact on the Placement of Children F.S

Sources Of Dependency Law
Adoption and Safe Families Act – 42 U.S.C. 620 Indian Child Welfare Act – 25 U.S.C.S. § 1901 Master Trust – F.S Independent Living – Medical Examination and Treatment – F.S

Intent of Chapter 39 F.S Protection, safety and well-being of a child. Prevention and intervention should engage families in constructive, supportive, and nonadversarial relationships. Prevention and intervention should intrude as little as possible into family life. Preserve and strengthen family ties.

Intent of Chapter 39 F.S Permanent placement of children in foster care with biological or adoptive family as soon as possible and no longer than one year. Keep siblings in the same home. System of partnership between DCF, other agencies, and local communities.

Statutory Definitions F.S. 39.01(15)
Dependent Child To have been abandoned, abused, or neglected by the child’s parent or parents or legal custodians. To be at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents or legal custodians.

To have no parent or legal custodians capable of providing supervision and care. To have been sexually exploited and to have no parent, legal custodian, or responsible adult relative currently known and capable of providing the necessary and appropriate supervision and care.

To have been surrendered to the department or a licensed child-placing agency for purpose of adoption. To have been voluntarily placed with a licensed child-placing agency for the purposes of subsequent adoption, and a parent or parents have signed a consent pursuant to the Florida Rules of Juvenile Procedure.

To have been voluntarily placed with a licensed child-caring agency, a licensed child-placing agency, an adult relative, or the department, after which placement, under the requirements of this chapter, a case plan has expired and the parent or parents or legal custodians have failed to substantially comply with the requirements of the plan.

Statutory Definitions 39.01(51)
Party The parent or parents of the child, the petitioner, the department, the guardian ad litem or the representative of the guardian ad litem program when the program has been appointed, and the child.

Participant Any person who is not a party but who should receive notice of hearings involving the child, including the actual custodian of the child, the foster parents or the legal custodian of the child, identified prospective parents, and any other person whose participation may be in the best interest of the child.

A community-based agency under contract with DCF to provide protective services may be designated as a participant at the discretion of the court. Participants may be granted leave by the court to be heard without the necessity of filing a motion to intervene.

Child Any unmarried person under the age of 18 years who has not been emancipated by order of the court.

Parent A woman who gives birth to a child and a man whose consent to the adoption of the child would be required under F.S (1). Adoptive mother or father of the child.

“Parent” does not include an individual whose parental relationship to the child has been legally terminated, or an alleged or prospective parent, unless the parental status falls within the terms of F.S (1) or F.S (1).

Pursuant to F.S (1), written consent for adoption required from father if: Minor was conceived or born while the father was married to the mother; Minor is his child by adoption;

Minor has been adjudicated by the court to be his child; He has filed an affidavit of paternity pursuant to F.S (2)(c) or he is listed on the child's birth certificate; or

An unmarried biological father, Has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, Has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required timeframes, and Has complied with the requirements of F.S (2).

For purposes of Chapter 39 only, when the phrase "parent or legal custodian" is used, it refers to rights or responsibilities of the parent and, only if there is no living parent with intact parental rights, to the rights or responsibilities of the legal custodian who has assumed the role of the parent.

Prospective Parent Person who claims to be, or has been identified as, a person who may be a mother or a father of a child.

Abandonment Situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution to the child’s care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both.

“Establish or maintain a substantial and positive relationship” includes, but is not limited to, frequent and regular contact with the child through frequent and regular visitation or frequent and regular communication to or with the child, and the exercise of parental rights and responsibilities.

Statutory Definitions
If efforts to support and communicate with the child are, in the opinion of the court, only marginal efforts that do not evince a settled purpose to assume all parental duties, court may declare the child to be abandoned. “Abandoned" does not include abandoned newborn infant under F.S , a child or family in need of services under F.S. 984.

Man's acknowledgement of paternity of the child does not limit the period of time considered in determining whether the child was abandoned. Incarceration, repeated incarceration, or extended incarceration of a parent, legal custodian, or caregiver responsible for a child's welfare may support a finding of abandonment.

Neglect Child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment causes the child's physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired.

Not neglect if caused primarily by financial inability unless actual services for relief have been offered to and rejected. A parent or legal custodian legitimately practicing religious beliefs in accordance with a recognized church or religious organization who does not provide specific medical treatment for a child may not, for that reason alone, be considered a negligent parent or legal custodian; however, a court can order treatment for the child.

Abuse Any willful act or threatened act that results in any physical, mental, or sexual abuse, injury, or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired.

Harm Harm to a child's health or welfare can occur when any person: Inflicts or allows to be inflicted upon the child physical, mental, or emotional injury. Certain factors must be considered in evaluating injury such as child’s age, prior history of injury, location of injury on body, multiplicity of injury, and type of trauma.

Types of injuries include: Various types of physical trauma. Purposefully giving a child poison, alcohol or drugs. Leaving a child without adult supervision. Inappropriate or excessive discipline.

Commits, or allows to be committed, sexual battery, or lewd or lascivious acts against the child. Allows, encourages, or forces the sexual exploitation of a child. Exploits a child, or allows a child to be exploited. Abandons the child. Neglects the child.

Exposes a child to a controlled substance or alcohol by: A test, administered at birth, which indicated that the child’s blood, urine, or meconium contained any amount of alcohol or a controlled substance or metabolites of such substances, the presence of which was not the result of medical treatment administered to the mother or the newborn infant.

Continued chronic and severe use of a controlled substance or alcohol by a parent when the child is demonstrably adversely affected by such usage.

Uses mechanical devices, unreasonable restraints, or extended periods of isolation to control a child. Engages in violent behavior that demonstrates a wanton disregard for the presence of a child and could reasonably result in serious injury to the child.

Negligently fails to protect a child in his or her care from inflicted physical, mental, or sexual injury caused by the acts of another. Has allowed a child's sibling to die as a result of abuse, abandonment, or neglect. Makes the child unavailable for the purpose of impeding or avoiding a protective investigation unless the court determines that the parent, legal custodian, or caregiver was fleeing from a situation involving domestic violence.

Statutory Definitions F.S. 39.01(34) and (79)
Legal Custody Temporary Legal Custody Legal status created by a court which vests in a custodian of the person or guardian, whether an agency or an individual, the right to have physical custody of the child and the right and duty to protect, nurture, guide, and discipline the child and to provide him or her with food, shelter, education, and ordinary medical, dental, psychiatric, and psychological care.

INVESTIGATION F.S. 39.301 Child Abuse Hotline receives a report.
Report, if accepted, is referred to local DCF office for investigation immediately or within 24 hours. Investigation is commenced by Child Protective Investigator (CPI).

INVESTIGATION F.S. 39.301(9)(a)
Review all relevant information. Consult with law enforcement, CPT, DV shelter or advocate, or substance abuse or mental health professional, if necessary. Face to face interviews with child, siblings, parents, legal custodians, and caregivers.

Access who is living in child’s residence. Determine whether child in the family or household has been abused, abandoned or neglected, any current or past injuries, and who is the person responsible. Assessment of the safety of the child including collateral contacts.

Document present and impending danger based on identification of inadequate protective capacities.

“Present danger” means a significant and clearly observable family condition that is occurring at the current moment and is already endangering or threatening to endanger the child. Present danger threats are conspicuous and require that an immediate protective action be taken to ensure the child's safety. F.S (58).

“Impending danger” means a situation in which family behaviors, attitudes, motives, emotions, or situations pose a threat that may not be currently active but that can be anticipated to become active and to have severe effects on a child at any time. F.S (31).

SAFETY PLAN F.S (9)(a) If present or impending danger is identified, the CPI must implement a safety plan or take the child into custody. If present danger is identified and the child is not removed, the CPI shall implement a safety plan before leaving.

SAFETY PLAN F.S (9)(a) If impending danger is identified, the CPI shall create a safety plan as soon as necessary to protect the child. “Safety plan” means a plan created to control present or impending danger using the least intrusive means appropriate to protect a child when a parent, caregiver, or legal custodian is unavailable, unwilling, or unable to do so. F.S (68).

SAFETY PLAN F.S (9)(a) Safety plan must be specific, sufficient, feasible, and sustainable in response to the realities of the present or impending danger. Safety plan may be in-home or out-of-home plan, or combination of both. Safety plan may include tasks or responsibilities for a parent, caregiver, or legal custodian.

SAFETY PLAN F.S (9)(a) Safety plan may not rely on promissory commitments of a parent, caregiver, or legal custodian who is currently not able to protect the child or on services that are not available or will not result in safety for the child. Safety plan may not be implemented if for any reason the parents, guardian, or legal custodian lacks the capacity or ability to comply with the plan.

SAFETY PLAN F.S (9)(a) If DCF is unable to develop a plan that is specific, sufficient, feasible and sustainable, DCF shall file a shelter petition. The CPI may modify the safety plan if there is additional impending danger. If any party to safety plan fails to comply with the safety plan resulting in the child being unsafe, DCF shall file a shelter petition.

SAFETY PLAN DOMESTIC VIOLENCE F.S. 39.301(9)(a)
CPI shall implement separate safety plans for the perpetrator of domestic violence and the parent who is the victim of domestic violence. Purpose of the injunction is to implement a safety plan for the perpetrator and to impose any other conditions to protect the child. The victim’s safety plan may not be shared with the perpetrator.

SAFETY PLAN DOMESTIC VIOLENCE F.S. 39.301(9)(a)
If the perpetrator is not the parent, guardian, or legal custodian, the CPI shall seek a Chapter 39 injunction. Reasonable cause exists for an injunction if there is evidence of child abuse or if there is a reasonable likelihood of such abuse occurring based on a recent overt act or failure to act. F.S (1).

SAFETY PLAN F.S (9)(a) CPI shall collaborate with CBC lead agency in the development of the safety plan. CPI shall identify services necessary for implementation of the safety plan. CPI and CBC shall mobilize service resources to assist all parties in complying with safety plan. CPI shall monitor the safety plan until transferred to CBC who shall then monitor safety plan.

Child Abuse Investigation No Removal - F.S. 39.301(9)(b)1
Voluntary Services If the CPI determines that the interests of the child and the public will be best served by providing the child care or other treatment voluntarily accepted by the child and the parents or legal custodians, the parent or legal custodian and child may be referred for such care, case management, or other community resources.

Child Abuse Investigation No Removal - F.S. 39.301(9)(b)2
Court ordered services (Non-shelter petition). If the CPI determines that the child is in need of protection and supervision, DCF may file a petition for dependency.

Child Abuse Investigation Removal - F.S. 39.401
Child may be removed from the home by protective investigator or law enforcement.

Must have probable cause that: Child has been abused, neglected, or abandoned, or is suffering from or is in imminent danger of illness or injury as a result of abuse, neglect, or abandonment;

Parent or legal custodian of the child has materially violated a condition of placement imposed by the court; or Child has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care.

Child Abuse Investigation Removal - F.S. 39.401(2)(a)
Placement Placement with a responsible adult relative should be given priority over non-relative placement when it is in the best interest of the child.

Child Abuse Investigation Removal - F.S. 39.401(3)b
Any placement of a child other than in licensed shelter care must be preceded by a local and state criminal background check and a check of DCF’s abuse registry on all household members. The complete criminal history records check must be considered when determining whether placement with the person will jeopardize the safety of the child. F.S (6)

Criminal background check Must include SACWIS and a local and statewide criminal records check for parents and persons in household 12 years old and older. May include submission of fingerprints to FDLE for national criminal history for all persons over 18 in household and other visitors to the home. Must include out of state check for persons over 18 who lived in another state if that state allows release of such records.

DCF may not place a child with a person other than a parent if the criminal history records check reveals that the person:

Has been convicted of any felony of child abuse, abandonment, or neglect, domestic violence, child pornography or other felony in which a child was a victim of the offense, homicide, sexual battery, or other felony involving violence, other than felony assault or felony battery when an adult was the victim of the assault or battery. F.S.

Has, within the previous 5 years, been convicted of a felony of assault, battery, or a drug-related offense.

Court may review a decision of DCF to grant or deny the placement based on criminal background check. F.S (7)(a) Review may be upon the motion of any party, the request of any person who has been denied placement by the DCF, or on the court's own motion. F.S (7)(a)

Person denied placement because of the results of a criminal history records check has the burden of setting forth sufficient evidence of rehabilitation to show that the person will not present a danger to the child if the placement of the child is allowed. F.S (7)(b)

Child Abuse Investigation Removal - F.S. 39.401(3)
Once a child has been removed and before the court hearing, the CPI must review legal sufficiency with the DCF Attorney. CPIs typically consult with their supervisors before removal. CPIs do not have to consult with attorney or obtain court order before removing a child.

Shelter Hearing F.S. 39.402 Court hearing held within 24 hours.
Shelter Petition is drafted by the CPI or DCF attorney. Indigent parents are entitled to be represented by a court appointed attorney.

Shelter Hearing F.S. 39.402 Court determines probable cause that:
Child has been abused, neglected, or abandoned, or is suffering from or is in imminent danger of illness or injury as a result of abuse, neglect, or abandonment; Placement is necessary; and There are no services available that could prevent removal. F.S (8) There are no strict rules of evidence. The court can consider any relevant and material evidence to the extent of its probative value. FlaR.Juv.P. Rule 8.305(b)(5)

Shelter Hearing F.S (3) If probable cause exists, court will enter an order addressing the following: Schedule of arraignment hearing within 28 days. Whether remaining in the home is contrary to the welfare of the child. Whether DCF made reasonable efforts to prevent or eliminate the need for removal from the home.

Shelter Hearing F.S Whether there are available and appropriate services to prevent removal. Placement of the child. Appointment of Guardian Ad Litem.

Shelter Hearing F.S Appointment of attorney for a child with special needs under F.S if: Child resides in or may be placed in skilled nursing facility. Child is prescribed psychotropic medication but does not agree to the medication.

Shelter Hearing F.S Child has developmental disability that is a substantial handicap that can be expected to continue indefinitely. Child is being or may be placed in a residential treatment center. Child is a victim of human trafficking.

Shelter Hearing F.S Visitation between parents and child. First visit must be within 72 hours. Any order of visitation must comply with F.S Must have compelling reason to restrict visitation. Court shall grant visitation unless there is clear and convincing evidence that visitation is not in the children’s best interest.

Shelter Hearing F.S A person who meets the rebuttable presumption criteria of detriment to a child may not contact with a child without a hearing and order by the court. A rebuttable presumption of detriment to a child is created when: A court of competent jurisdiction has found probable cause exists that a parent or caregiver has sexually abused a child as defined in F.S

Shelter Hearing F.S A parent or caregiver has been found guilty of, regardless of adjudication, or has entered a plea of guilty or nolo contendere to, charges under the following statutes or substantially similar statutes of other jurisdictions: Section , relating to removing minors from the state or concealing minors contrary to court order; Section , relating to sexual battery;

Shelter Hearing F.S Section , relating to lewd and lascivious behavior; Chapter 800, relating to lewdness and indecent exposure; Section , relating to incest; Chapter 827, relating to the abuse of children; or Similar crimes in another state.

Shelter Hearing F.S Before allowing contact, court must conduct a hearing and the person requesting contact must prove by clear and convincing evidence that the safety, well-being, and physical, mental, and emotional health of the child would not be endangered by contact.

Shelter Hearing F.S If court allows contact, the contact must be supervised by a person who has previously received training in the dynamics of child sexual abuse or a supervised visitation program approved by the court. F.S (5)(b).

Federal Law Removal States required to comply with certain mandates in return for federal funds for children in licensed foster care. Removal must be based on court order or voluntary placement agreement. Section 472(a)(1), SSA Agency must have care and custody or custody and guardianship of the child. Legal custody granted directly to individual other than agency does not satisfy federal law.

Federal Law Removal Child’s removal from home must have been the result of judicial determination that continuation in home would be contrary to welfare of child or removal would be in child’s best interests. Section 472(a)(1), SSA, 45 CFR (c)

Federal Law Removal Court must make a case specific determination within 60 days of removal whether reasonable efforts were made to prevent removal or that reasonable efforts were not required. Section 471(a)(15), SSA, 45 CFR (b)(1), 45 CFR (d) Failure to comply with mandates will result in loss of federal funding for child’s entire stay in licensed care.

Petition for Dependency F.S. 39.501
Drafted by the CLS Attorney. Signed under oath by Petitioner. Contains allegations of dependency (abuse, abandonment, neglect, or substantial risk of imminent abuse, abandonment or neglect.) Filed within 21 days after the shelter hearing.

Petition for Dependency F.S. 39.501
Uniform Child Custody Jurisdiction Act Affidavit. Residences of child for past 5 years and whether there are other custody proceedings. Fla.R.Juv.P. Rule 8.205 Whether parents rejected or unsuccessfully participated in voluntary services or DCF has determined that voluntary services are inappropriate. Whether parents participated in mediation and whether mediation agreement exists.

Service of Process F.S Parents must be served with the dependency petition and a summons containing the notice of the arraignment hearing. Service must be made at least 72 hours in advance of the arraignment hearing. Summons and petition may be served by sheriff, process server, authorized agents of DCF or GAL. These documents may not be served by CBC staff.

Service of Process F.S If identity or location of a parent is unknown, court shall conduct inquiry of the parent or legal custodian and if not available of any relative custodian to determine whether there is a legal or prospective parent. If the inquiry identifies a parent, the parent must be served.

Service of Process F.S If the inquiry identifies a prospective parent, the prospective parent shall be provided notice and an opportunity to assert rights. If the inquiry fails to identify the legal or prospective parent, the court may proceed without further notice.

Service of Process F.S If the location of the parent or prospective parent is unknown, DCF must conduct a diligent search for the person and file an affidavit of diligent search if the person cannot be found after the search. Publication is not required in dependency cases. DCF must continue the search process until excused by the court.

Arraignment Hearing F.S. 39.506
Held within 28 days after the shelter hearing. Court determines whether parents were served with the petition. If parent is not served and does not appear at the hearing, court will continue the arraignment hearing. If the parent personally appears at the hearing there is no need to serve process. F.S (2)

If the parent was properly served and fails to appear at the hearing, the court will enter a consent to the allegations on behalf of the parent. Court will appoint an attorney for the parent if one has not already been appointed.

Parents can respond to the allegations of the petition by entering the following pleas: Admit allegations – Court will find dependency; Deny allegations – Court will schedule trial; or Consent – neither admit nor deny allegations – Court will find dependency.

Adjudicatory Hearing F.S. 39.507
Held within 30 days of Arraignment Hearing. Burden of proof – must prove case by a preponderance of the evidence (just over 50%). Petitioner presents witnesses and evidence. Evidence rules apply.

Adjudication F.S If the parents admit or consent to the petition or if the court at an adjudicatory hearing finds that the children are dependent, the court may adjudicate the children dependent. Fla.R.Juv.P A dependency adjudication means that the children need protection of the court.

Adjudication F.S One adjudication order. Adjudication may be based on the conduct of one or both parents. Court must determine whether each parent in the case abused, abandoned, or neglected the child in a subsequent evidentiary hearing. Court must supplement adjudication order, disposition order, and case plan as necessary.

Withhold of Adjudication F.S. 39.507(5)
Court can find the children are dependent but withhold adjudication. Children must be returned or remain in the home. Court will accept a case plan and require the parents to complete a case plan. If the parents fail to substantially comply with the case plan, the court may adjudicate the children dependent without an adjudicatory hearing on the original allegations of the petition.

Withhold of Adjudication F.S. 39.507(5)
If children subject to a withhold of adjudication are removed from the home, the court must adjudicate the children dependent. Fla.R.Juv.P (c) If the court adjudicates the children dependent after entering a withhold of adjudication, the court will schedule a disposition hearing. Fla.R.Juv.P (c)

Case Plan Conference F.S. 39.6011
Case plan must be developed in a face-to-face conference with the parent, GAL, and, if appropriate, the child and the temporary custodian of the child. Parent may receive assistance from any person or social service agency in preparing the case plan.

Case Plan F.S. 39.6011 Description of problem being addressed.
Permanency goal. Can be concurrent. Expiration date for compliance. No longer than 12 months from removal. Tasks to improve conditions in home, facilitate return of child, facilitate permanent placement.

Case Plan F.S. 39.6011 Child’s medical and educational information.
Signed by all parties. Signing the case plan is not an admission of wrongdoing. Copy must be provided to all parties.

Permanency Goal F.S (52) The living arrangement for the child to return to or the permanent living arrangement of the child. Permanency goals listed in order of preference, are: Reunification; Adoption when a petition for termination of parental rights has been or will be filed;

Permanency Goal F.S (52) Permanent guardianship of a dependent child under F.S ; Permanent placement with a fit and willing relative under F.S ; Placement in another planned permanent living arrangement under F.S ; Permanency goal is also the case plan goal.

Concurrent Planning F.S. 39.01(19)
Permanency goal in a case plan that includes reunification and another goal that must be: Adoption; Permanent guardianship; Permanent placement with a fit and willing relative; and Placement in another planned permanent living arrangement.

Substantial Compliance F.S. 39.01(77)
Circumstances which caused the creation of the case plan have been significantly remedied to the extent that the well-being and safety of the child will not be endangered upon the child's remaining with or being returned to the child's parent.

Disposition Hearing F.S. 39.521
If parent admits or consents to petition, Disposition Hearing set within 15 days of Arraignment Hearing. If Adjudicatory Hearing is held, disposition hearing is set within 30 days. Court reviews and accepts case plan. Case plan must be filed 72 hours before hearing.

Disposition Hearing F.S. 39.521
Court reviews Predisposition Study (PDS). PDS must be filed 72 hours before hearing. Court determines placement of child and parents’ visitation. The disposition order changes the placement from shelter status to foster care status. Court may consider any evidence to extent of its probative value.

Judicial Review Hearing F.S. 39.701
First Judicial Review hearing must take place either 90 days from the disposition hearing or within 6 months of removal whichever is first. Case Manager prepares Judicial Review Social Study Report.

CLS attorney reviews report. Report must be filed and served on the parties at least 72 hours before the hearing. Court reviews the status of the child. Court determines status of case plan compliance by the parents.

Court determines whether the parents have made behavioral changes necessary to keep children safe in the home. Court may modify placement or visitation. Court may change the goal of the case plan or make changes to the tasks of the case plan.

Court cannot extend the existing case plan. A new case plan must be filed to extend time for compliance or to amend provisions of the case plan. Court may consider any evidence to extent of its probative value. Timely reviews are necessary in order to obtain federal funding – at least every six months. Some counties set every five months.

Post-Disposition Modification of Placement or Conditions of Supervision F.S. 39.522
Not required to have another adjudicatory hearing or file a new dependency petition. Standard for reunification is whether parent has substantially complied with the case plan to the extent that the child is safe with the parent. Otherwise, standard for changing custody is best interest of the child.

Permanency Hearing F.S Permanency hearing must take place within 12 months from the children’s removal from the home or within 30 days after the court determines that reasonable efforts to return a child to either parent are not required, whichever occurs first. Hearing is for the court to determine permanency for the children. Permanency means that the children have a permanent placement until they reach 18 years of age.

Permanency Hearing F.S Court considers permanency goals in order of preference: Reunification. TPR and adoption. Permanent Guardianship. (Supervision terminated and no more JR hearings.) Placement with a Fit and Willing Relative. (Continued supervision and JR hearings.) Another Planned Permanent Living Arrangement (APPLA). (Continued supervision and JR hearings.)

Permanency Hearing F.S If not reunified, DCF must file a TPR petition unless compelling reasons are documented why TPR is not in the child’s best interest. Permanency placement shall not be disturbed unless court finds that the circumstances of the permanency placement are no longer in the best interest of the child.

Federal Law Permanency Hearing
Permanency hearing must be held within 12 months of the entry of child into foster care. Entry of child is considered the earlier of the fact finding of abuse or neglect or the date that is 60 days after removal of child from home, including where child removed and placed into shelter. If court makes a finding that reasonable efforts to reunify are not required, a permanency hearing must be held within 30 days.

Subsequent permanency hearings must be held every 12 months from preceding hearing. Court must find DCF made reasonable efforts to finalize the permanency plan. Findings must be case specific.

Failure to comply with federal mandates will result in loss of funding for child until state is compliant. Section 471(a)(15) of SSA; 45 CFR (b)(2) and 45 CFR (d)

Permanent Guardianship F.S. 39.6221
The child must have been in the placement at least 6 months. Proposed guardian must agree to keep child until age 18.

The child and proposed guardian are not likely to need supervision or services of DCF to ensure the stability of the permanent guardianship. Court must specify why permanent guardianship is more appropriate than adoption.

Court must specify the reasons why the parents are not fit to care for the children. Court shall give permanent guardian a separate order which can be provided to non-parties. Court must retain jurisdiction. Court shall discontinue judicial review hearings and DCF supervision.

Permanent Placement with a Fit and Willing Relative F.S. 39.6231
Same criteria as permanent guardianship. Must be placed with a relative. Continued DCF supervision. Continued judicial reviews. Appropriate for situations in which custodian needs continued DCF assistance and services for the child.

Another Planned Permanent Living Arrangement (APPLA) F.S. 39.6241
Includes other placement arrangements that do not meet the criteria for the other permanency options. Other permanency options must not be in the child’s best interest. Continued judicial review and supervision. DCF must provide court with a list of services needed by the child.

Another Planned Permanent Living Arrangement (APPLA) F.S. 39.6241
Must show compelling reasons for APPLA. Compelling reasons include: Parent and child have significant bond but parent is unable to care for child due to emotional or physical disability; Tribe of American Indian child has chosen APPLA; 16+ year old foster child decides to remain in foster care and foster parents are willing to care for the child until age 18;

Extended Foster Care F.S. 39.6251
Young adult may remain in foster care after turn age 18 and may remain until age 21 (22 if disabled). Young adult who has left foster care may apply to re-renter extended foster care before turning 21.

Young adult must be eligible for extended foster care by: Completing secondary education or equivalent; Enrolling in post-secondary or vocational education. Participating in program or activity to promote or eliminate barriers to employment. Being employed at least 80 hours per month.

Young adult does not need to meet eligibility requirements if unable to participate in programs or activities full time due to physical, intellectual, emotional, or psychiatric condition that limits participation.

Court shall maintain jurisdiction and oversight to ensure agencies are providing services. Court shall review status of young adult at least every 6 months and a permanency review at least annually. Young adult may choose to leave foster care voluntarily or the Department may discharge the young adult for not meeting elgility requirements.

Termination of Supervision F.S. 39.521(1)(b)3
Protective supervision continues until the court terminates it or until the child reaches the age of 18, whichever is date is first. Protective supervision shall be terminated by the court when permanency has been achieved for the child, whether with a parent, another relative, or legal custodian, and protective supervision is no longer needed. If protective supervision is terminated, no further judicial reviews are required.

Termination of Supervision F.S. 39.521(1)(b)3
If child is returned or remains in the home, protective supervision must continue for at least 6 months. Supervision may be terminated when child is placed in permanent guardianship after child has been in placement for at least six months. F.S (1)(a) Party requesting termination must file motion or written report. Fla.R.Juv.P. Rule 8.345(b)

Termination of Jurisdiction F.S. 39.521(7)
Court can terminate jurisdiction when child has been returned to a parent for at least six months. Decision to terminate jurisdiction of child who is returned to the parents shall be based on report from DCF, agency, or GAL or other relevant factors.

Termination of Jurisdiction F.S. 39.013
Children are dependent and under jurisdiction of the court until: They reach the age of 21. They are under the age of 21 but are not eligible for extended foster care or choose to leave extended foster care. They are adopted. They are emancipated. They marry.

Termination of Jurisdiction F.S. 39.013
Young adult may request that the court continue jurisdiction until the 19th birthday to monitor the provision of independent living and other services or until their 22nd birthday to monitor an application for special juvenile immigrant visa.

Termination of Parental Rights Petition – F.S. 39.802
TPR Petition can be filed at any time and must include: At least one ground for TPR under F.S : Voluntary surrender. Abandonment. Identity or location of parent unknown. Continuing involvement of parent threatens child irrespective of services. Incarcerated parent.

Continued abuse, abandonment or neglect after disposition and acceptance of case plan. Continued abuse, abandonment, or neglect is presumed when parent fails to substantially comply with case plan within 12 months of removal. Material breach of case plan. Must prove that parent will not substantially comply within expiration date of case plan.

Egregious conduct. Aggravated child abuse, sexual battery, sexual abuse, or chronic abuse of a child. Murder, manslaughter, aiding or abetting the murder of the other parent or a child. Prior involuntary termination of parental rights to a sibling.

History of extensive, abusive, and chronic use of alcohol or a controlled substance which renders them incapable of caring for the child, and have refused or failed to complete treatment for the past 3 years.

At birth, child’s blood, urine, or meconium contained any amount of alcohol or a controlled substance and the mother had another child who was adjudicated dependent due to harm from exposure to a controlled substance or alcohol and the mother had an opportunity to participate in substance abuse treatment.

On three or more occasions the child or another child of the parent or parents has been placed in out-of-home care pursuant to this chapter, and the conditions that led to the child’s out-of-home placement were caused by the parent or parents.

Child was conceived as a result of sexual battery. A guilty plea or conviction is conclusive proof. Parent was convicted of an offense that requires the parent to register as a sexual predator.

If grounds are related to the case plan, must prove that parents were informed of right to counsel at all hearings attended and a disposition order was entered. If petition is filed before time for compliance with the case plan, DCF must prove a material breach of the case plan.

TPR is in the manifest best interest of the child under F.S Best interest factors: Suitable custody relationship with relative unless child in stable or preadoptive placement for 6 months. Ability and disposition of parents to provide for child’s needs. Capacity of the parents to care for the child to the extent that the child’s safety and well-being would not be endangered.

Physical and mental health needs of child. Love and emotional ties with parents, siblings, and relatives, and the degree of harm from TPR. Likelihood of older child remaining in long-term foster care due to problems or special needs. Child’s ability to form relationship with parental substitute.

Length of time child has been in satisfactory placement. Relationship between child and custodian. Reasonable preferences of child if able. Recommendations of GAL.

TPR is the least restrictive means of protecting the child. (Constitutional not statutory). See S.M. v. DCF, SC (Fla. 2016) Fundamental liberty interest for parent to raise child. Ordinarily DCF must make a good faith effort to rehabilitate the parent and reunite the family.

Parents will be informed of availability of private placement with an adoption entity.

Termination of Parental Rights F.S. 39.801, 39.808
Expedited TPR Can have expedited basis for TPR where no case plan is offered to the parents. Service of Petition Same requirements as service of dependency petition. If location of parent is unknown, DCF must conduct a diligent search and publish legal notice in a newspaper Advisory Hearing – same as dependency arraignment.

Termination of Parental Rights F.S. 39.809
Adjudicatory Hearing Evidence rules apply. Burden of proof is clear and convincing evidence.

If TPR is granted, child becomes free for adoption and DCF has authority to consent to adoption. Court must make specific findings of fact regarding the TPR grounds, best interest factors and least restrictive means. If TPR is not granted, court may dismiss petition or adjudicate children to be dependent.

TPR on one parent under if: Child has only one surviving parent. Identity of a prospective parent is unknown after sworn testimony. Parent subject of petition became a parent by single-parent adoption. Protection of the child demands TPR of a single parent. Parent subject of petition meets any of the criteria specified in F.S (1)(d) and (f)-(m).

Adoption F.S Court retains jurisdiction and monitors progress towards finalizing the adoption. Adoptive home study completed. DCF provides written consent to adoption. For good cause shown by the guardian ad litem, court may review the appropriateness of the adoptive placement of the child. Adoption petition must be filed with court that entered TPR order.

Adoption F.S When licensed foster parent or court-ordered custodian has applied to adopt a child who has resided with the foster parent or custodian for at least 6 months and who has previously been permanently committed to the legal custody of the department and DCF does not grant the application to adopt, DCF may not, in the absence of a prior court order authorizing it to do so, remove the child from the foster home or custodian, except when:

Adoption F.S There is probable cause to believe that the child is at imminent risk of abuse or neglect; 30 days have expired following written notice to the foster parent or custodian of the denial of the application to adopt, within which period no formal challenge of the department's decision has been filed; or The foster parent or custodian agrees to the child’s removal.

Interstate Compact on The Placement of Children F.S. 409.401
Agreement between the states on the out-of-state placement of children under DCF supervision. Sending state court enters order agreeing to retain jurisdiction and follow ICPC regulations. Receiving state will conduct home study on proposed placement, and if approved, will provide protective supervision.

Regulation 7 – Priority Placement. Placement with Appropriate Relative and Child or sibling if 4 or under; Child has substantial relationship; Unexpected dependency; or In shelter care.

Regulation 2 – Regular Placement. Regulation 1 – Relocation of intact family. Once order is signed, case manager will send documents to DCF to be sent to other state. If other state does not approve placement, placement cannot be made. Child can visit for 30 days or during holiday and school breaks.

Indian Child Welfare Act 25 USCS 1901
Standards for the placement of Indian children in culturally appropriate foster or adoptive homes. Child must be eligible for tribal membership. Tribe has jurisdiction on reservation or can petition state court to transfer jurisdiction. Tribe can petition to intervene to ensure appropriate placement.

State must provide notice to tribe. Court must make findings by clear and convincing evidence that continued custody by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. Court must consider testimony of expert witnesses. Expert testifies regarding tribal customs and childrearing practices.

TPR burden of proof is beyond a reasonable doubt. State must prove that the state made active efforts to reunify the child with the parents.

Medical Treatment F.S DCF may obtain medical screen of child or have child examined for child abuse or neglect without parental consent. DCF must obtain parental consent or obtain a court order for medical treatment. Legal custodians may obtain ordinary and necessary medical, mental health and dental treatment. F.S (34) and (79)

Medical Treatment F.S Parents must provide express and informed consent for psychotropic medications or DCF must file a motion with the physician’s medical report to obtain a court order. Court will appoint the child an attorney if the child does not assent to the medications.

Independent Living F.S If eligibility criteria is met a young adult may receive Postsecondary Education Services and Support funds. Otherwise, young adult may receive aftercare services including assistance with education, life and job skills, and counseling.

Dependency Law Overview: From Shelter to Permanency

Similar presentations

Presentation on theme: "Dependency Law Overview: From Shelter to Permanency"— Presentation transcript:

Similar presentations

About project

Feedback

Log in

Auth with social network:

Dependency Law Overview: From Shelter to Permanency

Similar presentations

Presentation on theme: "Dependency Law Overview: From Shelter to Permanency"— Presentation transcript:

Similar presentations

About project

Feedback