Florida Juvenile Procedure Rule 8.535
RULE 8.535. POSTDISPOSITION HEARINGS
(a) Initial Hearing. If the court terminates parental rights, a
postdisposition hearing must be set within 30 days after the date of
disposition. At the hearing, the department or licensed child-placing
agency must provide to the court a plan for permanency for the
child.
(b) Subsequent Hearings. Following the initial
postdisposition hearing, the court must hold hearings every 6
months to review progress being made toward permanency for the
child until the child is adopted or reaches the age of 18, whichever
occurs first. Review hearings for alternative forms of permanent
placement must be held as provided by law.
(c) Continuing Jurisdiction. The court that terminates the
parental rights to a child under chapter 39, Florida Statutes, must
retain exclusive jurisdiction in all matters pertaining to the child’s
adoption under chapter 63, Florida Statutes. The petition for
adoption must be filed in the division of the circuit court that
entered the judgment terminating parental rights, unless a motion
for change of venue is granted as provided by law.
(d) Review of the Department’s Denial of an Application
to Adopt a Child.
(1) Notice of Denial of Application to Adopt. If the
department denies an application to adopt a child, the department
must file written notification of the denial with the court and
provide copies to all parties and the denied applicant within 10
business days after the department’s decision.
(2) Motion to Review Denial of Application to Adopt. A
denied applicant may file a motion to have the court review the
department’s denial within 30 business days after the issuance of
the department’s written notification of its decision to deny the
application to adopt a child. The motion to review must allege that
the department unreasonably denied the application to adopt and
request that the court allow the denied applicant to file a petition to
adopt the child under chapter 63 without the department’s consent.
(3) Standing. A denied applicant only has standing to
file a motion to review the department’s denial and to present
evidence in support of such motion. Such standing is terminated
upon the entry of the court’s order. If the department selected a
different applicant to adopt the child, the selected applicant may
participate in the hearing as a participant pursuant to law and may
be granted leave by the court to be heard without the need to file a
motion to intervene.
(4) Hearing on Motion. The court must hold a hearing
within 30 business days after the denied applicant files the motion
to review. The court may only consider whether the department’s
denial of the application is consistent with its policies and if the
department made such decision in an expeditious manner. The
standard of review is whether the department’s denial of the
application is an abuse of discretion.
(5) Order. Within 15 business days after the conclusion
of the hearing, the court must enter a written order denying the
motion to review or finding that the department unreasonably
denied the application to adopt and authorizing the denied
applicant to file a petition to adopt the child under chapter 63
without the department’s consent.
(a) Initial Hearing. If the court terminates parental rights, a
postdisposition hearing must be set within 30 days after the date of
disposition. At the hearing, the department or licensed child-placing
agency must provide to the court a plan for permanency for the
child.
(b) Subsequent Hearings. Following the initial
postdisposition hearing, the court must hold hearings every 6
months to review progress being made toward permanency for the
child until the child is adopted or reaches the age of 18, whichever
occurs first. Review hearings for alternative forms of permanent
placement must be held as provided by law.
(c) Continuing Jurisdiction. The court that terminates the
parental rights to a child under chapter 39, Florida Statutes, must
retain exclusive jurisdiction in all matters pertaining to the child’s
adoption under chapter 63, Florida Statutes. The petition for
adoption must be filed in the division of the circuit court that
entered the judgment terminating parental rights, unless a motion
for change of venue is granted as provided by law.
(d) Review of the Department’s Denial of an Application
to Adopt a Child.
(1) Notice of Denial of Application to Adopt. If the
department denies an application to adopt a child, the department
must file written notification of the denial with the court and
provide copies to all parties and the denied applicant within 10
business days after the department’s decision.
(2) Motion to Review Denial of Application to Adopt. A
denied applicant may file a motion to have the court review the
department’s denial within 30 business days after the issuance of
the department’s written notification of its decision to deny the
application to adopt a child. The motion to review must allege that
the department unreasonably denied the application to adopt and
request that the court allow the denied applicant to file a petition to
adopt the child under chapter 63 without the department’s consent.
(3) Standing. A denied applicant only has standing to
file a motion to review the department’s denial and to present
evidence in support of such motion. Such standing is terminated
upon the entry of the court’s order. If the department selected a
different applicant to adopt the child, the selected applicant may
participate in the hearing as a participant pursuant to law and may
be granted leave by the court to be heard without the need to file a
motion to intervene.
(4) Hearing on Motion. The court must hold a hearing
within 30 business days after the denied applicant files the motion
to review. The court may only consider whether the department’s
denial of the application is consistent with its policies and if the
department made such decision in an expeditious manner. The
standard of review is whether the department’s denial of the
application is an abuse of discretion.
(5) Order. Within 15 business days after the conclusion
of the hearing, the court must enter a written order denying the
motion to review or finding that the department unreasonably
denied the application to adopt and authorizing the denied
applicant to file a petition to adopt the child under chapter 63
without the department’s consent.