Florida Juvenile Procedure Rule 8.540
RULE 8.540. MOTION TO REINSTATE PARENTAL RIGHTS
(a) Initiation of Proceedings. Following a termination
of parental rights, the department, the parent whose rights were
terminated, or the child, may file a motion to reinstate the parent’s
parental rights as provided by Chapter 39, Florida Statutes.
(b) Initial Evidentiary Hearing on Motion.
(1) Notice of Hearing. The court must issue a
notice of the hearing on the motion to the parties and participants.
The notice must state the issue to be determined and that the
movant is required to present evidence at the hearing on the
motion.
(2) Burden to Present Evidence and Proof. At the
initial evidentiary hearing, the movant has the burden of presenting
relevant evidence. All other parties may present evidence regarding
the claims raised.
(3) Generally. When evaluating a motion to
reinstate parental rights, the court must consider all relevant
evidence including the criteria provided in Chapter 39, Florida
Statutes. The court determines if the movant met the criteria
provided by law by clear and convincing evidence.
(c) Transition Period.
(1) Visitation and Trial Home Visits. If the court
determines that the movant met the criteria at the initial evidentiary
hearing, the court must order the department to conduct
supervised visitation and trial home visits between the child and the
former parent for at least 3 consecutive months following the
completion of an approved home study. The court must consider
the multidisciplinary team’s transition plan.
(2) Reports and Notifications. During the period of
visitation and trial home visits, the court must consider reports
provided by the department every 30 days regarding the supervised
visitation, home visits, and the department’s recommendation for
reinstatement of parental rights. The court must also consider any
notifications by the department of termination of visitations due to
allegations of abuse, neglect, or abandonment, if the child’s safety
or well-being is threatened, or if continuing visitation is not in the
child’s best interest.
(d) Final Evidentiary Hearing for Consideration of
the Reinstatement of Parental Rights. Within 30 days of either
completion of the period of visitation and trial home visits or the
department’s termination of trial home visits, the court must
conduct a final evidentiary hearing on the motion. The court may
reinstate parental rights upon a finding of clear and convincing
evidence that it is in the best interest of the child. If visits are
terminated and the court finds it is not in the child’s best interest to
reinstate parental rights, the court must deny the motion to
reinstate.
(e) Retention of Jurisdiction Following
Reinstatement of Parental Rights. Upon ordering reinstatement
of parental rights, the court must place the child in the custody of
the former parent with an in-home safety plan. The court must
retain jurisdiction for at least 6 months during which the court
must consider the department’s reports on the stability of the
placement. At the end of the 6 months, the court must determine
whether its jurisdiction should continue or be terminated based on
the received reports or any other relevant factors. If the court
retains jurisdiction, the court must review the continued retention
of jurisdiction every 3 months thereafter until the court terminates
its jurisdiction or the child reaches the age of majority.
Committee Note
2022 Amendment. This rule was created in response to ch.
2021-169, Laws of Florida.
PART IV. PROCEEDINGS FOR FAMILIES AND CHILDREN
IN NEED OF SERVICES
(a) Initiation of Proceedings. Following a termination
of parental rights, the department, the parent whose rights were
terminated, or the child, may file a motion to reinstate the parent’s
parental rights as provided by Chapter 39, Florida Statutes.
(b) Initial Evidentiary Hearing on Motion.
(1) Notice of Hearing. The court must issue a
notice of the hearing on the motion to the parties and participants.
The notice must state the issue to be determined and that the
movant is required to present evidence at the hearing on the
motion.
(2) Burden to Present Evidence and Proof. At the
initial evidentiary hearing, the movant has the burden of presenting
relevant evidence. All other parties may present evidence regarding
the claims raised.
(3) Generally. When evaluating a motion to
reinstate parental rights, the court must consider all relevant
evidence including the criteria provided in Chapter 39, Florida
Statutes. The court determines if the movant met the criteria
provided by law by clear and convincing evidence.
(c) Transition Period.
(1) Visitation and Trial Home Visits. If the court
determines that the movant met the criteria at the initial evidentiary
hearing, the court must order the department to conduct
supervised visitation and trial home visits between the child and the
former parent for at least 3 consecutive months following the
completion of an approved home study. The court must consider
the multidisciplinary team’s transition plan.
(2) Reports and Notifications. During the period of
visitation and trial home visits, the court must consider reports
provided by the department every 30 days regarding the supervised
visitation, home visits, and the department’s recommendation for
reinstatement of parental rights. The court must also consider any
notifications by the department of termination of visitations due to
allegations of abuse, neglect, or abandonment, if the child’s safety
or well-being is threatened, or if continuing visitation is not in the
child’s best interest.
(d) Final Evidentiary Hearing for Consideration of
the Reinstatement of Parental Rights. Within 30 days of either
completion of the period of visitation and trial home visits or the
department’s termination of trial home visits, the court must
conduct a final evidentiary hearing on the motion. The court may
reinstate parental rights upon a finding of clear and convincing
evidence that it is in the best interest of the child. If visits are
terminated and the court finds it is not in the child’s best interest to
reinstate parental rights, the court must deny the motion to
reinstate.
(e) Retention of Jurisdiction Following
Reinstatement of Parental Rights. Upon ordering reinstatement
of parental rights, the court must place the child in the custody of
the former parent with an in-home safety plan. The court must
retain jurisdiction for at least 6 months during which the court
must consider the department’s reports on the stability of the
placement. At the end of the 6 months, the court must determine
whether its jurisdiction should continue or be terminated based on
the received reports or any other relevant factors. If the court
retains jurisdiction, the court must review the continued retention
of jurisdiction every 3 months thereafter until the court terminates
its jurisdiction or the child reaches the age of majority.
Committee Note
2022 Amendment. This rule was created in response to ch.
2021-169, Laws of Florida.
PART IV. PROCEEDINGS FOR FAMILIES AND CHILDREN
IN NEED OF SERVICES