Florida Dependency Law | Aplus eBooks

Florida Dependency Law is governed by Chapter 39 of the Florida Statutes. The following information contains two sections: (1) an Overview of a dependency law case; and (2) a Step-by-Step Guide to the dependency law process and downloadable PDF’s. For more information on the subject, see our Dependency Law in a Nutshell page.

A. Overview: Florida Dependency Law Case Plan

1. Probable Cause

Dependency proceedings in Florida usually initiate upon a child’s being sheltered (i.e., removed from his or her parent’s or legal guardian’s custody) due to the existence of probable cause to believe the child is being: (1) abused, (2) abandoned, or (3) neglected, or (4) is at imminent risk of being abused, abandoned, or neglected.

2. Preponderance of the Evidence

If any one of the above four elements are met, a trial is subsequently held to determine whether a preponderance of the evidence shows that the child is dependent upon the State for its care or custody. If the child is adjudicated dependent on the State, the parents must enter into a Case Plan which outlines certain tasks the parents must successfully complete in order for the child to return to, or remain in, the parents care and custody.

3. Substantial Compliance

Upon the parents substantial compliance with a Case Plan, and if the child has safely remained in the custody of the parents for 6 months, the Court may terminate supervision and terminate jurisdiction on the case.

Alternatively, if the parents have not substantially complied with the Case Plan, the Court may permanently place the child under a variety of other permanency goals. For instance: (1) permanent guardianship, (2) placement with a fit and willing relative, or (3) another planned permanent living arrangement. The Court may retain jurisdiction or supervision depending on which permanency goal is selected.

B. Overview: Termination of Parental Rights

In Florida, a termination of parental rights proceeding usually initiates upon the filing of a Petition for the termination of a parent’s parental rights. The Petition is typically filed by the Department of Children and Families (“DCF” or “the Department”), although it may be filed by any person with an interest in the child.

1. Clear and Convincing Evidence

Florida allows termination of parental rights only for certain enumerated grounds as noted above, which must be proven at trial by clear and convincing evidence. In addition to the grounds, the petitioner must also prove by clear and convincing evidence that: (1) termination of the parents rights is in the manifest best interest of the child, and (2) termination of the parents rights is the least restrictive means for protecting the child.

2. One-Parent Terminations

In cases of one-parent terminations of parental rights, additional requirements apply. If the Court makes all three findings (and the one-parent termination requirements are met, if applicable), the parent or parents’ rights are terminated and the child is free for adoption. A termination of parental rights proceeding may, but not necessarily, follow a dependency proceeding.

The following is a step-by-step guide of the above information.

A. Step-by-Step Guide to Florida Dependency Law

This is a step-by-step guide to the Dependency process in Florida. This Guide provides a brief description of each hearing that parents are expected to attend when they are involved with the Department of Children and families (“DCF”).

1. Shelter Hearing

After DCF takes a child into custody the State is required to conduct a shelter hearing in front of a Circuit Court Judge that handles juvenile matters within 24 hours. An Emergency Shelter Petition is usually drafted by DCF and the child protective investigator outlining the allegations.

The Petition generally includes information such as voluntary services that were offered to the family, DCF’s recommendation for the parents’ visitation, and the proposed temporary placement of the child. The Department must show by probable cause that the child or children have been (1) abused, (2) abandoned, or (3)neglected or (4) are at imminent risk of abuse, abandonment, or neglect.

2. Dependency Arraignment

In most cases, DCF will then file a Petition for Dependency and serve it on the parents. An arraignment on the Dependency Petition must be held within 30 days from the date that the children were removed from the parents custody. At the hearing, the parents are expected to enter a plea admitting, denying, or consenting to the allegations in the Petition.

In rare instances the Department can directly file a Dependency Petition without seeking to remove the children. In this case the arraignment would be the first court proceeding.

3. Case Plan Resolution Conference

Once a Dependency Petition has been filed, Chapter 39 of the Florida Statutes requires the State to sit down with the parents and develop a Case Plan that specifically addresses the issues the family is facing. (Some jurisdictions refer to this process as a mediation or a case plan resolution conference.)

4. Dependency Pre-Trial

The Dependency Pre-Trial is typically a short hearing to address the status of the case. If the parties agreed to (and signed) a Case Plan prior to the Pre-Trial, then this hearing will oftentimes be used to accept the signed Case Plan. If the parties did not come to an agreement, the case is then scheduled for an Adjudicatory Hearing.

5. Adjudicatory Hearing

If a Case Plan is not accepted by the Court, DCF is required to prove by a Preponderance of the Evidence that the child has been abandoned, abused, or neglected or is at imminent risk of abandonment, abuse, or neglect. If DCF can prove this, the Court is then required to order a Case Plan or Court Order to protect the children. The law requires that an Adjudicatory Hearing be held within 30 days from the date of the arraignment on the Dependency Petition.

6. Disposition Hearing

If a child is adjudicated dependent and the parties do not agree to a Case Plan, the Court is required to hold a Dispositional Hearing within 30 days from the Adjudicatory Hearing to determine what the Case Plan tasks and goal should be.

The Disposition Hearing is an opportunity for all of the parties to present evidence about what tasks should be required of the parents and what the Court’s plan for permanency should be.

7. Judicial Review

A Judicial Review is required to take place no more than 90 days after disposition or the date when the Court accepts the Case Plan. In no circumstance should the initial Judicial Review be more than 6 months after a child is removed from the parents custody. Subsequent Judicial Reviews should be scheduled at least every 6 months to address the status of the case.

The Judicial Review is an opportunity for the Court to get a status on the child(ren) and the parents’ compliance with the Case Plan. The parents visitation, the Case Plan goal, and the goal date are also typically discussed at this hearing. The Department is required to file a Judicial Review Social Study Report (JRSSR) that outlines the issues listed above.

8. Permanency Judicial Review

No later than 6 months after a child has been placed in shelter care, the Court shall conduct a Judicial Review to review the child’s permanency goal as identified in the Case Plan.

At this Hearing, the Court is required to make specific findings as to the parents and child’s likelihood of reunification. The Court’s specific findings must occur within 12 months of the child’s removal from the parents home.

The Court will oftentimes begin concurrent planning if a parent is not on track for reunification. The Court may consider mending the goal to Permanent Guardianship or Termination of Parental Rights and Adoption.