RULE 8.425. PERMANENCY HEARINGS

(a) Required Review. A permanency hearing must be held
no later than 12 months after the date the child was removed from
the home or within 30 days after a court determines that
reasonable efforts to return a child to either parent are not
required, whichever occurs first. A permanency hearing must be
held at least every 12 months for any child who continues to be
supervised by the department or awaits adoption.

(b) Determinations at Hearing.

(1) The court must determine:

(A) whether the current permanency goal for the
child is appropriate or should be changed;

(B) when the child will achieve one of the
permanency goals;
(C) whether the department has made reasonable
efforts to finalize the permanency plan currently in effect; and

(D) whether the frequency, duration, manner, and
level of engagement of the parent or legal guardian’s visitation with
the child meets the case plan requirements.

(2) The court must approve a permanency goal for the
child as provided by law choosing from the following options, listed
in order of preference:

(A) reunification;

(B) adoption, if a petition for termination of
parental rights has been or will be filed;

(C) permanent guardianship of a dependent child
under section 39.6221, Florida Statutes;

(D) permanent placement with a fit and willing
relative under section 39.6231, Florida Statutes; or

(E) placement in another planned permanent
living arrangement under section 39.6241, Florida Statutes.

(3) The best interest of the child is the primary
consideration in determining the permanency goal. The court must
also consider the reasonable preference of the child if the court has
found the child to be of sufficient intelligence, understanding, and
experience to express a preference and any recommendation of the
guardian ad litem.

(c) Case Plan. The case plan must list the tasks necessary
to finalize the permanency placement and must be amended at the
permanency hearing if necessary. If a concurrent case plan is in
place, the court must approve a single goal that is in the child’s
best interest.

(d) Permanency Order.
(1) The findings of the court regarding reasonable
efforts to finalize the permanency plan must be explicitly
documented, made on a case-by-case basis, and stated in the court
order.

(2) The court must enter an order approving the
permanency goal for the child.

(3) If the court approves a permanency goal of
permanent guardianship of a dependent child, placement with a fit
and willing relative, or another planned permanent living
arrangement, the court must make findings as to why this
permanent placement is established without adoption of the child to
follow. The department and the guardian ad litem must provide the
court with a recommended list and description of services needed
by the child, such as independent living services and medical,
dental, educational, or psychological referrals, and a recommended
list and description of services needed by his or her caregiver. For
children with another planned permanent living arrangement case
plan goal, the guardian ad litem must also advise the court whether
the child has been connected with a supportive adult and, if so,
whether the child has entered into a formal agreement with the
adult as provided by law. It is the guardian ad litem’s responsibility
to ensure the agreement is documented in the child’s court file.

(4) If the court establishes a permanent guardianship
for the child, the court’s written order must:

(A) transfer parental rights with respect to the
child relating to protection, education, care and control of the
person, custody of the person, and decision-making on behalf of the
child to the permanent guardian;

(B) list the circumstances or reasons why the
child’s parents are not fit to care for the child and why reunification
is not possible by referring to specific findings of fact made in its
order adjudicating the child dependent or by making separate
findings of fact;
(C) state the reasons why a permanent
guardianship is being established instead of adoption;

(D) specify the frequency and nature of visitation
or contact between the child and his or her parents, siblings, and
grandparents; and

(E) require that the permanent guardian not
return the child to the physical care and custody of the person from
whom the child was removed without the approval of the court; and

(F) state whether the child demonstrates a strong
attachment to the prospective permanent guardian and such
guardian has a strong commitment to permanently caring for the
child.

(5) The court must retain jurisdiction over the case and
the child must remain in the custody of the permanent guardian
unless the order creating the permanent guardianship is modified
by the court. The court must discontinue regular review hearings
and relieve the department of the responsibility for supervising the
placement of the child. Notwithstanding the retention of
jurisdiction, the placement must be considered permanency for the
child.

(6) If the court permanently places a child with a fit
and willing relative, the court’s written order must:

(A) list the circumstances or reasons why
reunification is not possible by referring to specific findings of fact
made in its order adjudicating the child dependent or by making
separate findings of fact;

(B) state the reasons why permanent placement
with a fit and willing relative is being established instead of
adoption;

(C) specify the frequency and nature of visitation
or contact between the child and his or her parents, siblings, and
grandparents; and
(D) require that the relative not return the child to
the physical care and custody of the person from whom the child
was removed without the approval of the court.

(7) If the court establishes another planned permanent
living arrangement as the child’s permanency option:

(A) The court must find that a more permanent
placement, such as adoption, permanent guardianship, or
placement with a fit and willing relative, is not in the best interests
of the child.

(B) The department must document reasons why
the placement will endure and how the proposed arrangement will
be more stable and secure than ordinary foster care.

(C) The court must find that the health, safety,
and well-being of the child will not be jeopardized by such an
arrangement.

(D) The court must find that compelling reasons
exist to show that placement in another planned permanent living
arrangement is the most appropriate permanency goal.

(e) Entry of Separate Order Establishing Permanency. If
the court permanently places a child in a permanent guardianship
or with a fit and willing relative, the court must enter a separate
order establishing the authority of the permanent guardian or
relative to care for the child, reciting that individual’s powers and
authority with respect to the child and providing any other
information the court deems proper which can be provided to
persons who are not parties to the proceeding as necessary,
notwithstanding the confidentiality provisions of Chapter 39,
Florida Statutes.

(f) Recommendations for Sustaining Permanency. If the
court approves a goal of placement with a fit and willing relative or
another planned permanent living arrangement, the department
and the guardian ad litem must provide the court with a
recommended list and description of services needed by the child,
and a recommended list and description of services needed by his
or her caregiver.