CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2007 WL 419350
...he children. D.G. Alternatively, the court may consider a motion to amend the case plan so as to change the case plan goal from reunification of the children with the mother, to placement of one or both of the children with their respective fathers. § 39.6013, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2007 WL 1450735
...he children. D.G. Alternatively, the court may consider a motion to amend the case plan so as to change the case plan goal from reunification of the children with the mother, to placement of one or both of the children with their respective fathers. § 39.6013, Fla....
...the child was removed. . . . No case plan amendment shall take place absent proper notice and the opportunity for an evidentiary hearing should a party object to the proposed amendment. Fla. R. Juv. P. 8.400(b). Id. at 900 (emphasis added); see also §
39.6013(2), Fla. Stat. (2006). Section
39.6013, Florida Statutes (2006), and Florida Rule of Juvenile Procedure 8.400(b) govern the process of case plan amendment. See §
39.6013(1), Fla. Stat. (2006) ("After the case plan has been developed under s.
39.6011, the tasks and services agreed upon in the plan may not be changed or altered in any way except as provided in this section."). In pertinent part, sections
39.6013(2), (4)(b) and (4)(c), Florida Statutes (2006), provide: (2) The case plan may be amended at any time in order to change the goal of the plan....
...(Emphasis added). If a party objects to a proposed amendment to the case plan rejecting the goal of reunification, an evidentiary hearing must be held to determine whether the need for the amendment is established by the preponderance of evidence. See § 39.6013(1), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 19758, 2010 WL 5184730
...Where the offending parent has not yet substantially complied with the case plan and the time for such compliance has not expired, if a party or the court concludes that reunification with the offending parent would no longer be appropriate, the proper procedure is to amend the case plan in accordance with section 39.6013, Florida Statutes, and Florida Rule of Juvenile Procedure 8.420(b)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 13383, 2010 WL 3488828
...ent is bound by the negotiated goal of permanent guardianship since the Father did not substantially comply with the case plan. The Department argues that it was fundamentally unfair for the trial court to amend the Father's case plan goal. However, section 39.6013, Florida Statutes (2009) expressly allows the amendment of case plan goals by the court at any time: (2) The case plan may be amended at any time in order to change the goal of the plan.......
...Additionally, section
39.621, Florida Statutes (2009) addresses the amendment of case plan goals at the permanency hearing: "The purpose of the permanency hearing is to determine ... whether modifying the current goal is in the best interest of the child." §
39.621(1), Fla. Stat. (2009). The plain language of sections
39.6013 and
39.621 makes clear that a trial court may change the case plan goals....
...end the goal to meet the needs of the child. To do less would put the interest of the parent ahead of the child. Next, we conclude that, by amending the case plan's concurrent goal to adoption based upon the preponderance of the evidence standard in section 39.6013, the trial court did not abuse its discretion....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 418, 2010 WL 198471
...the amendment of case plansFlorida Rule of Juvenile Procedure 8.400(b). [2] In 2007, the case plan amendment rule was significantly modified and is now set forth in Rule 8.420. The new rule was adopted in response to the Legislature's enactment of section 39.6013, Florida Statutes (2006)....
...hild. (Emphasis added). Although Rule 8.420 contemplates an evidentiary basis to support a case plan amendment, the rule does not require that specific prior notice of a possible amendment be given. Here, the trial court's actions complied with both section 39.6013 and Rule 8.420....
...(2) If any party objects to the amendment of the case plan, the court must conduct a hearing allowing each party to present evidence and information as permitted in rule 8.340(a). (3) Any amendment granted by the court must be based on competent evidence. [3] Section 39.6013, Florida Statutes (2009) provides: (1) After the case plan has been developed under s....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 13049, 2015 WL 5132689
...DCF bears the burden of demonstrating that the
trial court departed from the essential requirements of law, thereby causing
irreparable injury which cannot be adequately remedied on appeal after final
judgment. Belair v. Drew,
770 So. 2d 1164, 1166 (Fla. 2000).
Section
39.6013, Florida Statutes (2015), authorizes the amendment of a
case plan by the court or by agreement of all parties when certain conditions have
occurred, and only in those circumstances....
CopyPublished | Florida 2nd District Court of Appeal | 2015 WL 2261693
...J.M. v. Dep't of Children & Family Servs.,
136 So. 3d 1271,
1271 (Fla. 2d DCA 2014) (granting the petition for writ of certiorari in part where the trial
court sua sponte amended the case plan absent the requisite evidentiary showing
pursuant to section
39.6013, Florida Statutes)....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 3477, 2015 WL 1044156
...2d DCA 2014)
(“[W]e grant the petition for writ of certiorari in part, quashing the
disposition order to the extent that it requires the Father and the Mother
to submit to substance abuse evaluations as part of the case plan. We
note that the case plan may . . . be amended pursuant to section 39.6013
and Florida Rule of Juvenile Procedure 8.420 should the need arise.”).
2 Moreover, contrary to the Department’s suggestion, no adverse inference can be
made on this issue as a result of the father’s invocation of his Fifth Amendment
rights....
CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 2357067
...pon both parent and child being afforded the full panoply of rights due them in a dependency proceeding. DCFS argues that because the trial court retained jurisdiction three years earlier, DCFS simply can proceed based upon an amended case plan. See § 39.6013, Fla. Stat. (2007). We disagree. Section 39.6013 contemplates amendments to a case plan still in effect, a circumstance not present here....
CopyPublished | Supreme Court of Florida
...early education program, or any
other educational placement. See id.
2. See ch. 2018-45, §§ 1-2, Laws of Fla. (creating §
39.6021(1), (5), Fla.
Stat. effective July 1, 2018); ch. 2018-103, §§ 7-8, 9, 12, 33, Laws of Fla.
(amending §§
39.6013,
39.621(5),
39.6221(1),
39.701(2)(d), Fla....
...(2017)).
A new paragraph is added at the end of subdivision (a) of rule 8.420 (Case
Plan Amendments) to address the factors the court must consider in amending the
case plan. See ch. 2018-103, § 7, Laws of Fla. (adding subsection (6) to § 39.6013,
Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 1622050
...As such, we grant the petition for writ of certiorari in part, quashing the disposition order to the extent that it requires the Father and the Mother to submit to substance abuse evaluations as part of the case plan. We note that the case plan may of course be amended pursuant to section 39.6013 and Florida Rule of Juvenile Procedure 8.420 should the need arise....
