The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.6013

39.6013 Case plan amendments.—

(1) 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.

(2) The case plan may be amended at any time in order to change the goal of the plan, employ the use of concurrent planning, add or remove tasks the parent must complete to substantially comply with the plan, provide appropriate services for the child, and update the child’s health, mental health, and education records required by s. 39.6012.

(3) The case plan may be amended upon approval of the court if all parties are in agreement regarding the amendments to the plan and the amended plan is signed by all parties and submitted to the court with a memorandum of explanation.

(4) The case plan may be amended by the court or upon motion of any party at any hearing to change the goal of the plan, employ the use of concurrent planning, or add or remove tasks the parent must complete in order to substantially comply with the plan if there is a preponderance of evidence demonstrating the need for the amendment. The need to amend the case plan may be based on information discovered or circumstances arising after the approval of the case plan for:

(a) A previously unaddressed condition that, without services, may prevent the child from safely returning to the home or may prevent the child from safely remaining in the home;

(b) The child’s need for permanency, taking into consideration the child’s age and developmental needs;

(c) The failure of a party to substantially comply with a task in the original case plan, including the ineffectiveness of a previously offered service; or

(d) An error or oversight in the case plan.

(5) The case plan may be amended by the court or upon motion of any party at any hearing to provide appropriate services to the child if there is competent evidence demonstrating the need for the amendment. The reason for amending the case plan may be based on information discovered or circumstances arising after the approval of the case plan regarding the provision of safe and proper care to the child.

(6) When determining whether to amend the case plan, the court must consider the length of time the case has been open, the level of parental engagement to date, the number of case plan tasks completed, the child’s type of placement and attachment, and the potential for successful reunification.

(7) The case plan is deemed amended as to the child’s health, mental health, and education records required by s. 39.6012 when the child’s updated health and education records are filed by the department under s. 39.701(2)(a).

(8) Amendments must include service interventions that are the least intrusive into the life of the parent and child, must focus on clearly defined objectives, and must provide the most efficient path to quick reunification or permanent placement given the circumstances of the case and the child’s need for safe and proper care. A copy of the amended plan must be immediately given to the persons identified in s. 39.6011(7)(c).

History.—s. 17, ch. 2006-86; s. 3, ch. 2007-5; s. 12, ch. 2009-43; s. 3, ch. 2013-178; s. 7, ch. 2018-103; s. 9, ch. 2019-128.

F.S. 39.6013 on Google Scholar

F.S. 39.6013 on Casetext

Amendments to 39.6013

Arrestable Offenses / Crimes under Fla. Stat. 39.6013

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.6013.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE FAST- TRACK REPORT., 249 So. 3d 1175 (Fla. 2018)

. . . (adding subsection (6) to § 39.6013, Fla. Stat. (2017) ). . . . (amending §§ 39.6013, 39.621(5), 39.6221(1), 39.701(2)(d), Fla. . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, v. N. H., 174 So. 3d 572 (Fla. Dist. Ct. App. 2015)

. . . Section 39.6013, Florida Statutes (2015), authorizes the amendment of a case plan by the court or by . . .

In M. W. a M. B. W. v. Ad, 163 So. 3d 1229 (Fla. Dist. Ct. App. 2015)

. . . court sua sponte amended the case plan absent the requisite evidentiary showing pursuant to section 39.6013 . . .

M. P. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 159 So. 3d 341 (Fla. Dist. Ct. App. 2015)

. . . We note that the case plan may ... be amended pursuant to section 39.6013 and Florida Rule of Juvenile . . .

In S. M. G. M. J. M. D. B. v. Ad, 136 So. 3d 1271 (Fla. Dist. Ct. App. 2014)

. . . We note that the case plan may of course be amended pursuant to section 39.6013 and Florida Rule of Juvenile . . .

A. L. S. L. J. L. M. L. E. L. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 53 So. 3d 324 (Fla. Dist. Ct. App. 2010)

. . . no longer be appropriate, the proper procedure is to amend the case plan in accordance with section 39.6013 . . .

M. I. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 45 So. 3d 878 (Fla. Dist. Ct. App. 2010)

. . . However, section 39.6013, Florida Statutes (2009) expressly allows the amendment of case plan goals by . . . The plain language of sections 39.6013 and 39.621 makes clear that a trial court may change the case . . . plan’s concurrent goal to adoption based upon the preponderance of the evidence standard in section 39.6013 . . .

R. N. G. N. R. C. N. A. N. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 25 So. 3d 697 (Fla. Dist. Ct. App. 2010)

. . . The new rule was adopted in response to the Legislature’s enactment of section 39.6013, Florida Statutes . . . Here, the trial court’s actions complied with both section 39.6013 and Rule 8.420. . . . Section 39.6013, Florida Statutes (2009) provides: (1) After the case plan has been developed under s . . .

In G. C. K. C. J. C. G. P. B. v. Ad, 6 So. 3d 643 (Fla. Dist. Ct. App. 2009)

. . . (b), the court may continue the children’s placement in foster care under an amended case plan, see 39.6013 . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. M. L. Ad, 984 So. 2d 606 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

A. W. In B. W. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 969 So. 2d 496 (Fla. Dist. Ct. App. 2007)

. . . See generally § 39.6011-39.6013 & 39.603, Fla. . . .

K. E. S. C. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 958 So. 2d 968 (Fla. Dist. Ct. App. 2007)

. . . . § 39.6013, Fla. Stat. (2005). . . . 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 . . . See § 39.6013(1), Fla. . . . See § 39.6013(1), Fla. Stat. (2006); R.H., 948 So.2d at 899-900. . . .

R. H. E. H. J. J. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 948 So. 2d 898 (Fla. Dist. Ct. App. 2007)

. . . . § 39.6013, Fla. Stat. (2005). . . .