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Dependency Law is a sub-topic of Family Law. Florida Dependency Law is primarily governed by Chapter 39 of the Florida Statutes. This Nutshell is a very condensed version of Chapter 39. You should be able to directly access the statues by clicking-on the highlighted link associated with the main text. Some links are internal.
Florida Dependency Law in a Nutshell
Florida dependency proceedings usually initiate upon a child being sheltered (i.e., removed from the parents custody) based on probable cause to believe the child is, has been, or is at imminent risk of being abused, abandoned, or neglected.
I. Intent of Chapter 39 §39.001
II. Statutory Definitions §39.01
III. Child Abuse Investigation §39.301
IV. Jurisdiction and Right to Counsel §39.013
V. Guardian Ad Litem (GAL) §39.822
VI. Shelter Hearing §39.401, §39.402
VII. Shelter/Placement §39.402
VIII. Petition for Dependency §39.501
IX. Case Plan §39.6011
X. Arraignment Hearing §39.506
XI. Adjudicatory Hearing §39.507
XII. Disposition Hearing §39.521
XIII. Post-Disposition Change of Custody, Visitation §39.522
XIV. Judicial Review Hearing §39.701
XV. Permanency Hearing §39.621
XVI. Termination of Parental Rights (TPR) §39.521
XVII. Permanent Guardianship §39.6221
XVIII. Permanent Placement with a Fit and Willing Relative §39.6231
XIX. Another Planned Permanent Living Arrangement (APPLA) §39.6241
XX. Adoption §39.812
XXI. Termination of Supervision, Jurisdiction §39.521
I. Intent of Chapter 39 F.S. 39.001
1. Protection, safety and well-being of a child.
2. Prevention and intervention should engage families in constructive, supportive, and non-adversarial relationships.
3. Prevention and intervention should intrude as little as possible into family life.
4. Preserve and strengthen family ties.
5. Permanent placement of children in foster care with biological or adoptive family as soon as possible and no longer than 1 year.
6. Keep siblings in the same home.
7. System of partnership between DCF, other agencies, and local communities.
II. Statutory Definitions F.S. 39.01
1. 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, makes no provision for the child’s support and has failed to establish or maintain a substantial and positive relationship with the child.
2. For purposes of this subsection, “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.
3. 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.
4. “Abandoned” does not include abandoned newborn infant under F.S. 383.50, a child or family in need of services under F.S. 984. Incarceration may support a finding of abandonment.
Any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired. Abuse includes acts or omissions. Corporal discipline of a child for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.
C. Adjudicatory Hearing F.S. 39.01(4)
Court determines whether the facts support the allegations stated in the petition in dependency cases or in termination of parental rights cases.
D. Caregiver F.S. 39.01(10)
Parent, legal custodian, permanent guardian, adult household member, or other person responsible for a child’s welfare as defined in subsection (47).
E. Case Plan F.S. 39.01(11)
Document as described in F.S. 39.6011, prepared by DCF with input from all parties. The case plan follows the child from the provision of voluntary services through any dependency, foster care, or termination of parental rights proceeding or related activity or process.
F. Child F.S. 39.01(12)
Any unmarried person under the age of 18 years who has not been emancipated by order of the court.
G. Concurrent Planning F.S. 39.01(19)
Establishing a permanency goal in a case plan that uses reasonable efforts to reunify the child with the parent, while at the same time establishing another goal that must be one of the following options:
(a) Adoption when a petition for termination of parental rights has been filed or will be filed;
(b) Permanent guardianship of a dependent child under F.S. 39.6221;
(c) Permanent placement with a fit and willing relative under F.S. 39.6231; or
(d) Placement in another planned permanent living arrangement under F.S. 39.6241.
H. Dependent Child F.S. 39.01(15)
A child who is found by the court:
(a) To have been abandoned, abused, or neglected by the child’s parent or parents or legal custodians;
(b) To have been surrendered to the department, the former Department of Health and Rehabilitative Services, or a licensed child-placing agency for purpose of adoption;
(c) To have been voluntarily placed with a licensed child-caring agency, a licensed child-placing agency, an adult relative, the department, or the former Department of Health and Rehabilitative Services, 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;
(d) 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;
(e) To have no parent or legal custodians capable of providing supervision and care;
(f) To be at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents or legal custodians; or
(g) 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.
I. Diligent Efforts by a Parent F.S. 39.01(22)
A course of conduct which results in a reduction in risk to the child in the child’s home that would allow the child to be safely placed permanently back in the home as set forth in the case plan.
J. Diligent Search F.S. 39.01(24)
The efforts of a social service agency to locate a parent or prospective parent whose identity or location is unknown, initiated as soon as the social service agency is made aware of the existence of such parent, with the search progress reported at each court hearing until the parent is either identified and located or the court excuses further search.
K. Disposition Hearing F.S. 39.01(25)
Court determines the most appropriate protections, services, and placement for the child in dependency cases.
L. Expedited Termination of Parental Rights F.S. 39.01(28)
Proceedings wherein a case plan with the goal of reunification is not being offered.
M. Harm F.S. 39.01(32)
1. 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.
2. Types of injuries include:
(a) Various types of physical trauma.
(b) Purposefully giving a child poison, alcohol or drugs.
(c) Leaving a child without adult supervision.
(d) Inappropriate or excessive discipline.
(e) Commits, or allows to be committed, sexual battery, or lewd or lascivious acts against the child.
(f) Allows, encourages, or forces the sexual exploitation of a child.
(g) Exploits a child, or allows a child to be exploited.
(h) Abandons the child.
(i) Neglects the child.
(j) Exposes a child to a controlled substance or alcohol by:
(i) Use by the mother of a controlled substance or alcohol during pregnancy when the child, at birth, is demonstrably adversely affected by such usage; or
(ii) Continued chronic and severe use of a controlled substance or alcohol by a parent when the child is demonstrably adversely affected by such usage.
(iii) Uses mechanical devices, unreasonable restraints, or extended periods of isolation to control a child.
(iv) 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.
(v) Negligently fails to protect a child in his or her care from inflicted physical, mental, or sexual injury caused by the acts of another.
(vi) Has allowed a child’s sibling to die as a result of abuse, abandonment, or neglect.
(vii) 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.
N. Legal Custody F.S. 39.01(35), Temporary Legal Custody F.S. 39.01(75)
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.
O. Mediation F.S. 39.01(41)
A process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives.
1. 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.
2. Not neglect if caused primarily by financial inability unless actual services for relief have been offered to and rejected.
3. 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.
Q. Next of Kin F.S. 39.01(44)
An adult relative of a child who is the child’s brother, sister, grandparent, aunt, uncle, or first cousin.
R. Parent F.S. 39.01(49)
1. 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. 63.062(1).
2. Adoptive mother or father of the child.
3. “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. 39.503(1) or F.S. 63.062(1).
4. For purposes of this chapter 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.
S. Prospective Parent F.S. 39.01(60)
Person who claims to be, or has been identified as, a person who may be a mother or a father of a child.
T. Permanency Goal F.S. 39.01(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:
(a) Reunification;
(b) Adoption when a petition for termination of parental rights has been or will be filed;
(c) Permanent guardianship of a dependent child under F.S. 39.6221;
(d) Permanent placement with a fit and willing relative under F.S. 39.6231;
(e) Placement in another planned permanent living arrangement under F.S. 39.6241;
(f) Permanency goal is also the case plan goal.
U. Permanency Plan F.S. 39.01(53)
The plan that establishes the placement intended to serve as the child’s permanent home.
V. Protective Investigation F.S. 39.01(61)
The acceptance of a report alleging child abuse, abandonment, or neglect, as defined in this chapter, by the central abuse hotline or the acceptance of a report of other dependency by the department; the investigation of each report; the determination of whether action by the court is warranted; the determination of the disposition of each report without court or public agency action when appropriate; and the referral of a child to another public or private agency when appropriate.
W. Relative F.S. 39.01(64)
A grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. The term does not include a stepparent.
Child is removed from parent(s) custody and is placed with a relative or a nonrelative, or in a licensed home or facility for the temporary care of a child who is alleged to be or who has been found to be dependent, pending court disposition before or after adjudication.
Y. Shelter Hearing F.S. 39.01(69)
A hearing in which the court determines whether probable cause exists to keep a child in shelter status pending further investigation of the case.
Z. Substantial Compliance F.S. 39.01(70)
The 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.
AA. Taken into Custody F.S. 39.01(74)
The status of a child immediately when temporary physical control over the child is attained by a person authorized by law, pending the child’s release or placement.
BB. Temporary Legal Custody F.S. 39.01(75)
The relationship that a court creates between a child and an adult relative of the child, legal custodian, agency, or other person approved by the court until a more permanent arrangement is ordered. Temporary legal custody confers upon the custodian the right to have temporary physical custody of the child and the right and duty to protect, nurture, guide, and discipline the child and to provide the child with food, shelter, and education, and ordinary medical, dental, psychiatric, and psychological care, unless these rights and duties are otherwise enlarged or limited by the court order establishing the temporary legal custody relationship.
III. Child Abuse Investigation F.S. 39.301
A. Investigation Initiation
1. The Child Abuse Hotline receives a report.
2. The report, if accepted, is referred to the local DCF office for immediate investigation or within 24 hours of receiving the report.
3. An investigation is commenced by a Child Protective Investigator (“CPI”).
4. The CPI responds to the report, interviews the child and parent, observes condition of the child and the home, and obtains all necessary information.
5. The CPI gathers evidence and completes a risk assessment of the child.
6. The investigation must be completed in 60 days of receiving the report.
B. Removal of Child
1. A child may be removed from the home by a CPI or law enforcement officer. F.S. 39.401.
2. Standard of proof—”probable cause that reasonable grounds for removal exists” F.S. 39.402(1):
(a) The 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;
(b) The parent or legal custodian of the child has materially violated a condition of placement imposed by the court; or
(c) The child has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care.
C. Federal Law Removal
1. States are required to comply with certain mandates in return for federal funds for children in licensed foster care.
2. Removal must be based on a court order or a voluntary placement agreement. Section 472(a)(1), SSA.
3. The agency must have care and custody or custody and guardianship of the child.
4. Legal custody granted directly to the individual other than agency does not satisfy federal law.
5. The child’s removal from home must have been the result of judicial determination that continuation in home would be contrary to the welfare of the child, or removal would be in child’s best interests. Section 472(a)(1), SSA, 45 CFR 1356.21 (c).
6. The court must make a case specific determination within 60 days of removal of the child, whether reasonable efforts were made to prevent removal, or that reasonable efforts were not required. Section 471(a)(15), SSA, 45 CFR 1356.21 (b)(1) and 45 CFR 1356.21 (d).
7. Failure to comply with mandates will result in loss of federal funding for child’s entire stay in licensed care.
IV. Jurisdiction and Right to Counsel F.S. 39.013
A. Proceedings and Jurisdiction
1. All procedures, including petitions, pleadings, subpoenas, summonses, and hearings shall be conducted according to the Florida Rules of Juvenile Procedure unless otherwise provided by law.
2. The circuit court has exclusive original jurisdiction over dependency proceedings.
3. Jurisdiction attaches when: (a) the initial shelter petition, dependency petition, termination of parental rights petition, or a petition for an injunction to prevent child abuse is filed, or (b) a child is taken into custody by DCF.
4. The court retains jurisdiction of a dependent child until the child reaches age 21, with the following exceptions:
(a) The court relinquishes jurisdiction by court order;
(b) A young adult chooses to leave foster care upon reaching 18 years of age;
(c) A young adult does not meet the eligibility requirements to remain in foster care under F.S. 39.6251 or chooses to leave care under that section;
(d) A young adult petitions the court at any time before his or her 19th birthday requesting the court’s continued jurisdiction. The court may retain jurisdiction for a period not exceeding 1 year following the young adult’s 18th birthday. The purpose is to determine whether services that were required to be provided to the young adult before reaching age 18 have been provided; or
(e) If a petition for special immigrant juvenile status and an application for adjustment of status have been filed on behalf of a foster child and the petition and application have not been granted by the time the child reaches age 18, the court may retain jurisdiction over the dependency case solely for the purpose of allowing the continued consideration of the petition and application by federal authorities. The court’s jurisdiction terminates upon the final decision of the federal authorities. The court may not retain jurisdiction of the case after the immigrant child’s 22nd birthday.
B. Right to Counsel
1. At each stage of the dependency proceedings, the court shall advise parent(s) of their right to counsel.
2. The court shall appoint legal counsel for indigent parent(s).
3. The court shall ensure parent(s) understand their right to counsel or, where appropriate, the parent(s) right to knowingly and intelligently waive their right to counsel.
4. The right to counsel cannot be waived if the parent(s) is unable to make an intelligent choice to waive due to mental condition, age, education, experience, nature or complexity of the case, or other factors.
5. If the right to counsel is waived and accepted, the court must re-offer the parent(s) the right to counsel at every proceeding thereafter.
6. The right to counsel does not apply if the parent(s) voluntarily executed a written surrender of the child, and consents to entry of a court order terminating parental rights.
V. Guardian Ad Litem (“GAL”) F.S. 39.822
1. The court shall appoint a GAL at the earliest possible time to represent the best interest of the child.
2. A GAL is appointed for abuse, abandonment, or neglect proceedings in both civil and criminal cases.
3. The GAL is allowed to inspect and copy records relating to the best interests of the child, including confidential records: Records include:
(a) medical,
(b) mental health,
(c) substance abuse,
(d) child care,
(e) education,
(f) law enforcement,
(h) court proceedings,
(i) social services, and
(j) financial records.
4. The GAL shall:
(a) Be present at all critical stages of dependency proceedings unless excused by court;
(b) If excused, the GAL must submit a written report of the GAL’s recommendations to the court 72 hours prior to hearing; and
(c) Represent the child’s best interest until court jurisdiction is terminated, or until the GAL is excused by the court.
VI. Shelter Hearing F.S. 39.401, F.S. 39.402
1. A shelter hearing must be held within 24 hours of the child’s removal. F.S. 39.401(3)(b), 39.402(8)(a).
2. At the shelter hearing, the court shall:
(a) Appoint a GAL to represent the best interest of the child, unless the court finds that such representation is unnecessary;
(b) Inform parents of their right to an attorney pursuant to F.S. 39.013; and
(c) Give parents an opportunity to be heard and present evidence. F.S. 39.402(8)(c).
3. Standard of proof—probable cause by the court to believe that:
(a) The 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;
(b) Placement is necessary; and
(c) There are no services available that could prevent removal. F.S. 39.402(8).
4. If probable cause exists, the court will enter an order addressing the following F.S. 39.402(8)(h):
(a) Whether remaining in the home is contrary to the child’s welfare;
(b) Whether DCF made reasonable efforts to prevent or eliminate the need for removal from the home;
(c) Whether there are available and appropriate services to prevent removal;
(d) Placement of the child;
(e) Scheduling of an Arraignment Hearing within 28 days of the Shelter Hearing;
(g) Visitation between parents and child. The first visit must be within 72 hours of the Shelter Hearing. (Stricter visitation rules apply if sexual abuse is at issue (see F.S. 39.0139); and
(h) Determine if additional time is necessary to obtain and review documents pertaining to the child’s risk of returning to the family. Additional time (continuance) cannot exceed 72 hours. If additional time is granted the child remains in DCF’s custody.
VII. Shelter/Placement F.S. 39.401, F.S. 39.402
A. Shelter/Placement Requirements
1. A child may not be held in a shelter longer than 24 hours absent a court order after the shelter hearing. F.S. 39.402(8)(a).
2. Shelter/placement with a responsible adult relative should be given priority over non-relative placement when it is in the best interest of the child. F.S. 39.401(2)(a).
3. 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. F.S. 39.401(3).
4. The complete criminal history records check must be considered when determining whether DCF may not place a child with a person other than a parent if the criminal history records check reveals that the person:
(a) 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. 39.0138(2); or
(b) Has, within the previous 5 years, been convicted of a felony of assault, battery, or a drug-related offense. F.S. 39.0138(3).
5. The court may review a decision of DCF to grant or deny the placement based on criminal background check. F.S. 39.0138(7)(a).
6. Review may be upon the motion of any party, the request of any person who has been denied placement by DCF, or on the court’s own motion. F.S. 39.0138(7)(a).
B. Visitation Denial F.S. 39.0139
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. See F.S. 39.0138(7)(b).
VIII. Petition for Dependency F.S. 39.501
A. Petition Requirements
A Petition for Dependency must comply with the following requirements:
1. Be drafted by a DCF attorney, or other person with knowledge/information of the alleged facts who believes the alleged facts are true (e.g., GAL); and
2. Be in writing, identify and list all parents, if known, and all current legal custodians of the child; and
3. Be signed by the petitioner under oath; and
4. Contain allegations of dependency (abuse, abandonment, neglect, or substantial risk of imminent abuse, abandonment or neglect); and
5. List the child’s residences for past 5 years and whether there are other custody proceedings. Fla.R.Juv.P. Rule 8.205; and
6. State whether the parent(s) rejected or unsuccessfully participated in voluntary services, or DCF has determined that voluntary services are inappropriate; and
7. State whether the parent(s) participated in mediation and whether a mediation agreement exists.
B. Filing the Petition
1. If a child has been placed in shelter by court order, the petition must be filed within 21 days after the shelter hearing (or within 7 days after any party files a demand for early filing of a dependency petition, whichever comes first).
2. In all other cases, the petition must be filed within a reasonable time after the date the child was referred to protective investigation.
C. Service of Process F.S. 39.502
1. Parents must be served with the petition and summons containing the Notice of the Arraignment Hearing.
2. Service must be made at least 72 hours in advance of the arraignment hearing.
3. The summons and petition may be served by a sheriff, process server, authorized agents of DCF, or the GAL.
4. If the identity or location of a parent is unknown, the court shall conduct an 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 inquiry identifies a parent, the parent must be served.
5. If inquiry identifies a prospective parent, the prospective parent shall be provided notice and an opportunity to assert rights.
6. If inquiry fails to identify the legal or prospective parent, the court may proceed without further notice.
7. 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.
8. Publication is not required in dependency cases.
9. DCF must continue the search process until excused by the court.
IX. Case Plan F.S. 39.6011
A. Case Plan Conference F.S. 39.6011(1)
1. A 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. F.S. 39.6011(1)(a).
2. The parent(s) may receive assistance from any person or social service agency in preparing the case plan.
B. Case Plan Requirements F.S. 39.6011(2)
Each case plan must contain:
1. A description of the problem being addressed.
2. The permanency goal—can be concurrent.
3. The expiration date for compliance. No longer than 12 months from removal.
4. The tasks to improve conditions in home, facilitate return of child, facilitate permanent placement.
5. The child’s medical and educational information.
6. The case plan must be signed by all parties. Signing the case plan is not an admission of wrongdoing.
7. A copy of the case plan must be provided to all parties.
X. Arraignment Hearing F.S. 39.506
1. An Arraignment Hearing must be held within 28 days after the Shelter Hearing (or 7 days after the Dependency Petition is filed if demand for early filing was made).
2. Standard of proof—clear and convincing evidence is required for visitation denial.
3. Court determines whether the parent was served with notice of the petition:
(a) If the parent was not served and does not appear at the hearing, the court will allow a continuance of the Arraignment Hearing.
(b) If the parent was served with notice but fails to personally appear at the Arraignment Hearing, failure to appear constitutes consent to the dependency proceedings.
4. The court will appoint an attorney for the parent if one has not already been appointed.
5. The parent can respond to the allegations of the petition by entering one of the following pleas:
(a) Admit—court shall conduct a disposition hearing within 15 days after the arraignment hearing;
(b) Deny—court shall hold an adjudicatory hearing within 30 days after the date of the arraignment hearing unless a continuance is granted; or
(c) Consent (neither deny nor admit)—court shall conduct a disposition hearing within 15 days after the arraignment hearing.
XI. Adjudicatory Hearing F.S. 39.507
A. Requirements
1. The adjudicatory hearing must be held within 30 days of arraignment hearing.
2. The hearing is conducted by the judge without a jury.
3. Rules of evidence apply.
4. Standard of proof —burden on DCF to prove case by a preponderance of the evidence (just over 50%).
5. DCF presents witnesses and evidence—anonymous calls to DCF must be independently corroborated.
B. Adjudication
1. Dependency adjudication means the child needs protection of the court based on a parent’s abuse, neglect, abandonment of the child, or on the substantial risk of imminent harm to the child from the parents.
2. At the adjudication hearing, if the court finds that the child is not dependent, the case is dismissed.
3. If a parent admits or consents to the dependency petition, the court can adjudicate the child dependent.
4. If the court finds that the child is dependent, the court shall schedule a disposition hearing within 30 days after the adjudicatory hearing. F.S. 39.507(8).
C. Withhold of Adjudication F.S. 39.507(5)
1. If the court finds that a child is dependent, the court in its discretion may withhold adjudication.
2. The child must be returned or remain in the home.
3. The court will accept a case plan and require the parents to complete a case plan.
4. If the parents fail to substantially comply with the case plan, the court may adjudicate the child dependent without an adjudicatory hearing on the original allegations of the petition.
5. If a child subject to a withhold of adjudication is removed from the home, the court must adjudicate the child dependent.
6. If the court adjudicates a child dependent after entering a withhold of adjudication, the court will schedule a disposition hearing.
XII. Disposition Hearing F.S. 39.521
1. If a parent admits or consents to the dependency petition, a disposition hearing must be set within 15 days of the arraignment hearing.
2. If an adjudicatory hearing is held, a disposition hearing must be set within 30 days of the adjudicatory hearing.
3. Standard of proof—DCF burden to prove it made “reasonable efforts to reunify the child with the parent(s)”.
4. The court reviews and accepts a case plan. The case plan must be filed 72 hours before the disposition hearing.
5. The court reviews a Predisposition Study (PDS). The PDS must be filed 72 hours before the disposition hearing.
6. The court determines placement of the child and the parents’ visitation. The disposition order changes the placement from shelter status to foster care status.
7. The court may consider any evidence to extent of its probative value.
8. At the conclusion of the disposition hearing, the court schedules an initial judicial review hearing which must be set no later than 90 days after the date of the disposition hearing, or after the date of the court approves the case plan, whichever occurs earlier.
9. In no event shall the initial judicial review hearing be held later than 6 months after the child’s removal from the home. F.S. 39.521(1)(c).
XIII. Post-Disposition Change of Custody, Visitation F.S. 39.522
1. The court can change the temporary legal custody or the conditions of protective supervision at a post-disposition hearing.
2. Not required to have another adjudicatory hearing or file a new dependency petition.
3. Standard for reunification with the parent is whether the child is safe with the parent.
4. Otherwise, standard for changing custody is best interest of the child.
5. Must have compelling reason to restrict visitation. Strong presumption for parental visitation.
XIV. Judicial Review Hearing F.S. 39.701
1. The first judicial review hearing must take place either 90 days from the disposition hearing or within 6 months of the child’s removal, whichever is first. See F.S. 39.407(6)(h) and F.S. 39.701(1).
2. DCF prepares a Judicial Review Social Study Report.
3. The report must be filed and served on the parties at least 72 hours before the judicial review hearing. F.S. 39.701(2)(b).
4. The court reviews the status of the child, and status of case plan compliance by the parents.
5. The court may modify placement or visitation.
6. The court may change the goal of the case plan or make changes to the tasks of the case plan.
7. The court cannot extend the existing case plan timeline. A new case plan must be filed to extend time for compliance or to amend provisions of the case plan. (See F.S. 39.6013 Case Plan Amendments.)
8. Standard of proof—the court may consider any evidence to extent of its “probative value”.
9. If the court finds reunification is unlikely within 12 months of the child’s removal, DCF must take steps to begin concurrent case planning. F.S. 39.701(d).
XV. Permanency Hearing F.S. 39.621
A. Requirements
1. A permanency hearing must take place within 12 months of the child’s removal from the home for the court to determine permanency of the child.
2. Permanency means that the child has a permanent placement until he or she reaches age 18.
3. Standard of proof—the court may consider any evidence to extent of its “probative value”.
4. The court considers permanency goals in order of preference:
(a) Reunification.
(b) Termination of Parental Rights (TPR) and adoption.
(c) Permanent Guardianship. (Supervision terminated and no more JR hearings.)
(d) Placement with a Fit and Willing Relative. (Continued supervision and JR hearings.)
(e) Another Planned Permanent Living Arrangement (APPLA). (Continued supervision and JR hearings.)
5. If the child and parent(s) are reunified, the court must retain jurisdiction over the case for at least 6 months. F.S. 39.701(1)(b).
6. If the child and parent(s) are not reunified, DCF must file a TPR petition unless compelling reasons are documented why TPR is not in the child’s best interest.
7. Permanency placement shall not be disturbed unless the court finds that the circumstances of the permanency placement are no longer in the best interest of the child.
B. Federal Law Permanency Hearing
1. A permanency hearing must be held within 12 months of the entry of child into foster care.
2. Entry of the child into foster care is considered—beginning with the fact finding of abuse or neglect, or the date that is 60 days after removal of child from home, including where the child was removed from and placed into shelter.
3. If the court makes a finding that reasonable efforts to reunify are not required, a permanency hearing must be held within 30 days.
4. Subsequent permanency hearings must be held every 12 months from preceding hearing.
5.The court must find that DCF made reasonable efforts to finalize the permanency plan.
6. Findings must be case specific.
7. 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 1356.21 (b)(2) and 45 CFR 1356.21 (d).
XVI. Termination of Parental Rights (“TPR”) F.S. 39.806
1. Grounds for Termination of Parental Rights (TPR) may be established under any of the following circumstances:
(a) The parent(s) voluntarily surrendered the child to DCF for adoption;
(b) The parent(s) abandoned the child;
(c) A parent’s continual involvement threatens the child’s life, safety, well-being, physical, mental, or emotional health;
(d) The parent is incarcerated (exceptions apply);
(e) The child has been adjudicated dependent, a case plan has been filed with the court, and:
(i) the parent(s) continue to be abuse, abandon or neglect the child. Continued abuse, abandonment, or neglect is presumed when a parent fails to substantially comply with case plan within 12 months of the child’s removal unless failure to comply was due to financial inability; or
(ii) the parent(s) materially breached the case plan. The court must find by clear and convincing evidence that the parent(s) is unlikely or unable to substantially comply with the case plan before the case plan expires;
(f) The parent(s) engaged in egregious conduct, or knowingly failed to prevent egregious conduct that threatens the life, safety, or physical, mental, or emotional health of the child or the child’s sibling;
(g) The parent(s) subjected the child or another child to aggravated child abuse per F.S. 872.03, sexual abuse or battery per F.S. 39.01, or chronic abuse;
(h) The parent(s) committed a felony that resulted in serious bodily injury to the child or to another child;
(i) The parental rights of a sibling to the child were previously involuntarily terminated (prior TPR);
(j) The parent(s) has a history of chronic alcohol or controlled substance abuse that renders the parent(s) incapable of caring for the child, and has refused or failed to complete treatment during the 3-year period immediately preceding the filing of the petition for TPR;
(k) A test administered at birth indicated the child’s blood, urine, or meconium contained alcohol or a controlled substance or metabolites of such substances;
(l) On three or more occasions the child or another child of the parent(s) was placed in out-of-home care due to the parent(s) conduct; or
(m) The court determines by clear and convincing evidence that the child was conceived as a result of an act of sexual battery.
(n) Reasonable efforts to preserve and reunify a family are not required if a court finds that any of the above have occurred.
2. TPR proceedings are initiated upon the filing of a petition by DCF, the GAL, or any other person with knowledge of the alleged facts or is informed of them and believes that they are true. F.S. 39.802(1).
3. The TPR petition may be filed at any time.
4. The TPR petition must contain facts supporting the following allegations:
(a) That at least one of the grounds listed in F.S. 39.806 has been met;
(b) That the parents of the child were informed of their right to counsel at all hearings that they attended and that a dispositional order adjudicating the child dependent was entered in any prior dependency proceeding relied upon in offering a parent a case plan as described in F.S. 39.806;
(c) That the manifest best interests of the child, in accordance with F.S. 39.810, would be served by the granting of the petition; and
(d) That the parents of the child will be informed of the availability of private placement of the child with an adoption entity.
5. The TPR of one parent may be severed without severing the other parent under the following circumstances (F.S. 39.811(6)):
(a) The child has only one surviving parent;
(b) The identity of a prospective parent is unknown after sworn testimony;
(c) The parent subject of the petition became a parent by single-parent adoption;
(d) The protection of the child demands TPR of a single parent; or
(e) The parent subject of the petition meets any of the criteria specified in F.S. 39.806(1)(d) and (f)-(l).
6. Service of TPR Petition:
(a) Same requirements as service of dependency petition.
(b) If location of parent is unknown, DCF must conduct a diligent search and publish legal notice in a newspaper.
7. TPR Advisory Hearing—same as dependency arraignment.
8. TPR Adjudicatory Hearing:
(a) Evidence rules apply.
(b) Burden of proof—clear and convincing evidence.
(c) If TPR is granted, the child becomes free for adoption and DCF has authority to consent to the adoption.
(d) If TPR is not granted, the court may dismiss the petition, or adjudicate or re-adjudicate the child as dependent.
XVII. Permanent Guardianship F.S. 39.6221
1. The child must have been in the placement at least 6 months.
2. The proposed guardian must agree to keep the child until the child reaches age 18.
3. The child and proposed guardian are not likely to need supervision or DCF services to ensure the stability of the permanent guardianship.
4. The court must specify why permanent guardianship is more appropriate than adoption.
5. The court must specify the reasons why the parents are not fit to care for the children.
6. The court shall give permanent guardian a separate order which can be provided to non-parties.
7. The court must retain jurisdiction.
8. The court shall discontinue judicial review hearings and DCF supervision.
XVIII. Permanent Placement with a Fit and Willing Relative F.S. 39.6231
1. Same criteria as permanent guardianship (see above).
2. Must be placed with a relative.
3. Continued DCF supervision.
4. Continued judicial reviews.
5. Appropriate for situations in which custodian needs continued DCF assistance and services for the child.
IXX. Another Planned Permanent Living Arrangement (APPLA) F.S. 39.6241
1. Includes other placement arrangements that do not meet the criteria for the other permanency options.
2. Other permanency options must not be in the child’s best interest.
3. Continued judicial review and supervision.
4. DCF must provide the court with a list of services needed by the child.
5. Must show compelling reasons for APPLA.
6. Compelling reasons include:
(a) Parent and child have significant bond but parent is unable to care for child due to emotional or physical disability;
(b) Tribe of American Indian child has chosen APPLA;
(c) A 16+ year old foster child decides to remain in foster care and foster parents are willing to care for the child until age 18.
XX. Adoption F.S. 39.812
1. The court retains jurisdiction and monitors progress towards finalizing the adoption.
2. An adoptive home study must be completed.
3. DCF provides written consent to adoption.
4. For good cause shown by the GAL, the court may review the appropriateness of the adoptive child’s placement.
5. Adoption petition must be filed with court that entered TPR order.
6. When a 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 DCF, 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:
(a) There is probable cause to believe that the child is at imminent risk of abuse or neglect;
(b) 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
(c) The foster parent or custodian agrees to the child’s removal.
XXI. Termination
A. Termination of Protective Supervision F.S. 39.521(1)(b)3
1. Protective supervision continues until the court terminates it or until the child reaches the age of 18, whichever date is first.
2. 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.
3. If protective supervision is terminated, no further judicial reviews are required.
4. If the child is returned or remains in the home, protective supervision must continue for at least 6 months. F.S. 39.521(3)(a).
5. Supervision may be terminated when the child is placed in permanent guardianship after the child has been in placement for at least six (6) months. F.S. 39.6221(1)(a).
6. The court cannot terminate supervision if the child is permanently placed with a fit and willing relative. F.S. 39.6231(5).
7. Although the court may terminate supervision if the child is placed in another planned permanent living arrangement, many situations would require continued supervision. F.S. 39.6241(3).
8. The party requesting termination must file motion or written report. Fla.R.Juv.P. Rule 8.345(b).
B. Termination of Jurisdiction F.S. 39.521(7)
1. The court can terminate jurisdiction when the child has been returned to a parent for at least six (6) months.
2. The decision to terminate jurisdiction of a child who is returned to the parents shall be based on a report from DCF, agency, the GAL, or other relevant factors. F.S. 39.521(7).
3. The court can also terminate jurisdiction when the child is adopted, reaches age 18, is emancipated, or marries. Fla.R.Juv.P. Rule 8.345 F.S. 39.01(12).
4. The party requesting termination must file a motion or written report. Fla.R.Juv.P. Rule 8.345(b).
Download: Guardian ad Litem Handbook
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