CopyCited 289 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 8745, 2003 WL 21027240
...the plan are not present, it can order the Department to amend the plan to include
what is necessary. Id. §
39.603(2).
The state court has continuing jurisdiction over a dependency case and
reviews the child’s status at least every six months. Id. §
39.701(1)(a)....
..., documentation
of the efforts of all parties to comply with the case plan, the number of times the
child’s educational placement has been changed, and copies of all medical and
psychological records that support the terms of the case plan. Id. § 39.701(6)(a).
At the review hearing, the court considers the child’s situation, including whether
45
there has been compliance with the case plan, the appropriateness of the child’s
current placement, and whether the child is in a setting that is family-like and
consistent with the child’s best interests and special needs. Id. § 39.701(7)(d), (g).
No later than 12 months after the date that the child is placed in shelter care, the
court must conduct a judicial review to plan for the child’s permanent placement.
Id. § 39.701(8)(f)....
...If the child is not returned to his parents, the case plan must
document steps the Department is taking to find an adoptive parent or other
permanent living arrangement for the child. Id.
If the Department has not complied with the case plan, the court may find it
in contempt. Id. § 39.701(8)(c). The court can also issue protective orders. Id. §
39.701(8)(g)....
...upon such an amendment. See Fla. Stat. § 39.601(9)(f). Even though any remedial
order would run against the Department, state law makes it a duty of state courts to
decide whether to approve a case plan, and to monitor the plan to ensure it is
followed. Id. § 39.701(1), (7)-(8)....
...p’t of Children & Family Servs. v. M.H.,
830 So. 2d 849, 850 (Fla. 2d DCA 2002), it can hold the Department in contempt
for failing to comply with a child’s case plan and can order the Department to
submit proposals for compliance. Fla. Stat. §
39.701(8)(c); L.W., 615 So....
...on,
the court can take protective measures. It can determine whether a facility in which
a child is located is safe, either by appointing a child’s representative to make an
inquiry or itself investigating conditions at the facility. Fla. Stat. § 39.701(8)(g);
I.C., 742 So....
...n) is in a dangerous facility, the
court can take action, including finding the Department in contempt for failing to
comply with the child’s case plan. See generally, Fla. Stat. §§ 39.601(3)(e);
51
39.701(8)(c); I.C.,
742 So.2d at 404-06....
...ether the parties have complied
with the child’s case plan, the appropriateness of that child’s current facility
53
placement, educational placement, and any special needs the child has. Fla. Stat.
§§ 39.701(7)(d), (g). If the Department is not complying with the case plan for the
child, the court can hold it in contempt. Id. §§ 39.701(8)(c), (g). If the plaintiff
claims that he is in an unsafe and inappropriate placement, as we have already
noted, the court can order the Department to comply with the case plan by putting
him in a safe and appropriate place. Id. §§ 39.601(3)(e); 39.701(8)(c). If the
plaintiff claims that he has been in foster care longer than reasonably necessary, the
court can require the Department to document the steps that it is taking toward
permanent placement. Id. § 39.701(f)....
CopyCited 41 times | Published | Supreme Court of Florida | 2000 WL 551038
...The Fourth District concluded that it was "satisfied that the court did not abuse its discretion in concluding that this nonordinary residential placement was `consistent with the child's best interests and special needs.'" M.W.,
722 So.2d at 969 (quoting section
39.701(7)(g), Florida Statutes (Supp.1998))....
...s home. " § 39.601(3)(b), (e) (emphasis supplied). [28] In addition to requiring a case plan that is approved by the dependency court, chapter 39 charges the dependency court with the responsibility of periodically reviewing the child's status. See § 39.701, Fla....
...[29] At each review, the court or citizen review panel must "seek to determine" the "appropriateness of the child's current placement, including whether the child is in a setting which is as family-like and as close to the parent's *105 home as possible, consistent with the child's best interests and special needs." § 39.701(7)(g)....
...These positions appears to be consistent with the statutory framework of Chapter 39 and the overall legislative intent in enacting this chapter. Accordingly, reading the entire text of section
39.407 together with sections
39.01(69) and (70), 39.508, 39.601 and
39.701, we find that the Legislature did not intend for the Baker Act to apply to those children who have been adjudicated dependent and placed in the *106 temporary legal custody of the Department....
...o pick up M.W. from Palmetto General when the hospital attempted to discharge him. [9] M.W. and his mother were both present at this hearing. [10] In certain cases, the Department may provide administrative reviews of dependent children's cases. See § 39.701(3)(d), Fla....
...The case plan must be "developed in conference with the parent, caregiver, or legal custodian of the child and any court-appointed guardian ad litem, and if appropriate, the child." § 39.601(1)(a). [29] If the court extends a case plan beyond one year, a judicial review must be conducted every six months. See § 39.701(3)(b), Fla. Stat. (Supp.1998). No more than twelve months after the child is taken into shelter, the dependency court must conduct a judicial review to plan for the permanency goal for the child. See § 39.701(7)(f). Although citizen review panels may conduct hearings to review the status of the child, the parties have a right to object to referral to a citizen review panel and take exception to the findings and recommendations made by the panel. See § 39.701(2)(b)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2002 WL 31431796
...ther and son. Compliance with such a case plan requires that the child be returned to his parent(s) "if the court is satisfied that reunification will not be detrimental to the child's safety, well-being, and physical, mental, and emotional health." § 39.701(8)(b), Fla....
...Record evidence supports the foregoing, numbered findings, which together make clear that the trial court was not "satisfied that reunification will not be detrimental to the child's safety, well-being, and physical, mental, and emotional health." § 39.701(8)(b), Fla....
...She visited her son regularly; her urinalyses remained "clean"; she continued to attend support meetings; and she completed all of the required evaluations. There was no evidence to the contrary. The conclusion that she had not complied with her case plan within the contemplation of section 39.701(8)(b), Florida Statutes (2001), was error, because it was based solely on case plans that had been in place before the superseding case plan approved by the trial court on July 13, 2000, and conduct that occurred before that date....
...would clearly be detrimental to the minor child." The trial court wason objectively reasonable groundsless than "satisfied that reunification will not be detrimental to the child's safety, well-being, and physical, mental, and emotional health." § 39.701(8)(b), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2004 WL 241395
...nt(s) `if the court is satisfied that reunification will not be detrimental to the child's safety, well-being, and physical, mental, and emotional health.'" B.D.E. v. Dep't of Children & Family Servs.,
829 So.2d 359, 360 (Fla. 1st DCA 2002) (quoting §
39.701(8)(b), Fla....
CopyCited 6 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 362, 2016 Fla. LEXIS 1964
...inning with the Shelter Petition (Rule
8.305), the Dependency Petition (Rule 8.310), the Case Plan (Rules 8.400, 8.401
and 8.410), and finally the Termination of Parental Rights Petition (Rule 8.500).
Judicial reviews are provided for by statute, section
39.701, and embedded
throughout the process (Rule 8.415).
For termination to occur, section
39.806, Florida Statutes, requires that the
trial court find by clear and convincing evidence that one or more of the grounds
for termination under the section has been established....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1006621
...r whether P.D. had substantially complied with the terms of the case plan. Accordingly, we reverse the November 8, 2000, order and direct the trial court to conduct a judicial review in compliance with Florida Rule of Juvenile Procedure 8.415(f) and section 39.701, Florida Statutes (2000)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...Custody shall not be returned to either parent unless and until the parent proves that the Long Term Relative Placement is no longer in the best interest of the children and that the parent has had a material change in circumstances. The court was conducting a hearing pursuant to section 39.701(8)(b), which provides that the court shall return a child to the custody of its parents when it determines that they have substantially complied with the case plan and if the court is satisfied that the reunification will not be detrimental to the child's safety, well being, and physical, mental and emotional health. Another requirement is the statute's directive that the case plan be completed within twelve months from shelter unless extraordinary circumstances exist. § 39.701(8)(f), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 13379, 2004 WL 2002446
...d "if the court is satisfied that reunification will not be detrimental to the child's safety, well-being, and physical, mental, and emotional health." B.D.E. v. *703 Dep't of Children & Family Servs.,
829 So.2d 359, 360 (Fla. 1st DCA 2002) (quoting section
39.701(8)(b), Florida Statutes); see also In the Interest of H.H.,
865 So.2d 634, 635 (Fla....
...At the relevant hearings, the mother presented unrebutted evidence that showed that the mother had substantially complied with the case plan and that reunification with the mother would not be detrimental to the children. Thus, reunification is required. See 39.701(8)(b), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2006 WL 1373243
...[4] It is difficult to conceive the burden that would confront the trial courts and litigants if material facts required more than the acceptance and reliance by every interested party, as was true here, before they could be "established." [5] See § 39.701, Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 87, 2007 Fla. LEXIS 245, 2007 WL 415377
...If the court finds that the child could not be safely returned to the parents, it shall extend the case plan for a period of not more than 6 months to allow the social service agency to comply with its obligations under the case plan. (4) At any judicial review held under section
39.701(6), Florida Statutes, if, in the opinion of the court, the department has not complied with its obligations as specified in the written case plan or in the provision of independent living services as required by sections
39.701(6) and
409.1451, Florida Statutes, the court shall issue a show cause order....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 10895, 2002 WL 1769000
...case plan was reunification). Further, our review of the judicial review hearing reveals that the trial court failed to adequately determine "the compliance or lack of compliance of all parties with applicable items of the case plan," as required by section 39.701(7)(d), Florida Statutes....
...the case plan. Because the case plan goal was for reunification, we reverse the order for long term custody. In addition, we direct the *574 lower court to conduct a judicial review in compliance with Florida Rule of Juvenile Procedure 8.415(f) and section 39.701, Florida Statutes (2000)....
CopyCited 1 times | Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 799, 2005 Fla. LEXIS 2284, 2005 WL 3072028
...Wherefore, I Request This Court Extend Or Reinstate Jurisdiction In This Case And Schedule A Hearing As Soon As Possible. _________________________ .....(name)..... .....(address)..... .....(phone number)..... NOTES [1] The proposed amendments conform the rules to chapter 2004-362, section 2, Laws of Florida (amending § 39.701(6), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2017 WL 2885549, 2017 Fla. App. LEXIS 9724
...The parents consented to a finding of dependency, and the trial court set a case plan for reunification. The parents substantially complied with the case plan, the trial court reunified as to both parents, and set a hearing for six months later as required by section 39.701(1)(b), Florida Statutes (2016)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1999 WL 2801
...Section 39.601(3)(b), Florida Statutes (Supp.1998) requires the Department to develop a case plan for each child, which must include a "description of the type of home or institution in which the child is to be placed." That case plan must be approved by the court, section
39.603, and judicially reviewed on a regular basis. §
39.701, Fla....
...as considered by a Family Services Planning Team and a Case Review Committee. Florida Rule of Juvenile Procedure 8.340 permits the juvenile judge to rely on evidence, such as reports, which may not be admissible in non-juvenile proceedings. See also § 39.701(7), Fla. Stat. (Supp.1998). We are satisfied that the court did not abuse its discretion in concluding that this nonordinary residential placement was "consistent with the child's best interests and special needs." § 39.701(7)(g), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 12446
...r whether P.D. had substantially complied with the terms of the case plan. Accordingly, we reverse the November 8, 2000, order and direct the trial court to conduct a judicial review in compliance with Florida Rule of Juvenile Procedure 8.415(f) and section 39.701, Florida Statutes (2000)....
CopyPublished | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 13183, 2001 WL 1093099
PER CURIAM. No harmful error or abuse of discretion has been demonstrated in either the order, on appeal in case no. 3D00-841, which prohibits appellant from contact with one and limits it with another juvenile relative, see § 39.701(7),(8), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 11743, 2000 WL 1299026
...IAL REVIEW HEARING IS VERY IMPORTANT. AT THE JUDICIAL REVIEW THE COURT WILL DECIDE WHETHER TO RETURN YOUR CHILD TO YOU OR OTHER FAMILY MEMBERS, LEAVE YOUR CHILD WITH THE CURRENT CUSTODIAN, OR START PROCEEDINGS TO CONSIDER ADOPTION FOR YOUR CHILDREN. Section 39.701(5), Florida Statutes (1999), provides that notice of a judicial review hearing must be served by the clerk of court upon, inter alia, the social service agency and the parents unless they were at the previous hearing at which the date, time, and location of the hearing were announced....
...and children, it felt that the mother was not ready for reunification at that time. Thus, DCF’s argument that it was not notified that reunification might be sought, and granted at the hearing is without merit. This is especially true in light of section 39.701(8)(a), which provides in pertinent part that at a judicial review hearing: [T]he court shall determine whether or not the social service agency shall ......
...hearing including a statement of the facts, those findings it was directed to determine by law, and a determination of the future course of the proceedings.” *1177 Accordingly, we reverse and remand for entry of a written order in conformance with section 39.701(8)(a) and rule 8.415(e)(7)....
CopyPublished | Supreme Court of Florida
Further, consistent with the language added to section
39.701(3), Florida Statutes (2023), by section 24
CopyPublished | Supreme Court of Florida
...Procedure in response to recent legislation. See Fla. R. Jud. Admin. 2.140(e). We
have jurisdiction 1 and adopt the amendments as proposed.
In response to chapter 2020-65 and chapter 2020-138, Laws of Florida,
which amend sections
39.0137,
39.522,
39.6011, and
39.701, Florida Statutes
(2019), and became effective July 1, 2020, the Committee proposes amendments to
the following rules: 8.225 (Process, Diligent Searches, and Service of Pleadings
and Papers), 8.345 (Post-Disposition Relief), 8.400 (Case Plan Development), and
1....
...Thus, we add new subdivision (6) requiring written notice to the parents
and caregivers to apprise them that it is their responsibility to work together to
achieve the case plan.
Finally, we amend rule 8.415 (Judicial Review of Dependency Cases) to
address the legislative changes made to section 39.701, Florida Statutes, by chapter
2020-138, section 7, Laws of Florida. The legislative changes throughout the
section include replacing “legal custodian” with “caregiver.” The amendment also
added subsection (b)(2) to section 39.701, establishing certain requirements
-3-
regarding retaining jurisdiction....
CopyPublished | Supreme Court of Florida
...Rules of Juv. Proc.,
158 So. 3d 523 (Fla. 2015). The amendments
were proposed by the Florida Bar’s Juvenile Court Rules Committee (Committee)
in a fast-track report to implement recent legislation. See ch. 2014-166, § 1, Laws
of Fla. (amending §
39.701, Fla. Stat.); ch. 2014-224, §§ 12, 13, 17, Laws of Fla.
(amending §§
39.402;
39.501;
39.701, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 8011
For all of these reasons, I would affirm. . See §
39.701, Fla. Stat. (2004). . The term “master'' was
CopyPublished | Supreme Court of Florida
...hearing,
and new subdivision (b)(2)(D) specifies when a court must conduct a
hearing and issue an order to effectuate a change of custody.
Rule 8.415 (Judicial Review of Dependency Cases) is amended
to address recent legislative changes to section 39.701(3), Florida
Statutes (2021), which now requires a judicial review hearing when
a dependent child turns 16....
...Subdivision (e) (Retention of Jurisdiction
Following Reinstatement of Parental Rights) addresses retention of
jurisdiction following reinstatement of parental rights.
Finally, a new form is created and designated as form 8.973A,
to conform with section 39.701(3), Florida Statutes, which as stated
above now requires an additional judicial review hearing when a
dependent child turns 16....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 135, 2005 Fla. LEXIS 382, 2005 WL 486598
...sion (f)(4) which sets forth a procedure for finding the Department of Children and Families in contempt for failing to comply with its obligations under a case plan or in provision of independent living services. This amendment conforms the rule to section 39.701, Florida Statutes (2004) (“Judicial Review”), which was amended in 2004 to create a procedure by which a court could find the department in contempt under the aforementioned circumstances....
...If the court finds that the child could not be safely returned to the parents, it shall extend the case plan for a period of not more than 6 months to allow the social *54 service agency to comply with its obligations under .the ease plan. (4) At any judicial review held under section
39.701(6), Florida Statutes, if, in the opinion of the court, the department has not complied with its obligations as specified in the written case plan or in the provision of independent living services as required by sections
39.701(6) and
409.1451, Florida Statutes, the court shall issue a show cause order....
CopyPublished | Supreme Court of Florida
...viewing the relevant
legislation, we amend the Florida Rules of Juvenile Procedure as proposed by the
Committee. The more significant amendments make the following changes to the
rules.
2. See ch. 2014-166, § 1, Laws of Fla. (amending §
39.701(3)(a), Fla. Stat.);
ch. 2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§
39.402(8)(h), (9);
39.501(3)(d);
39.701(2)(c), (3)(a), Fla....
...ections
743.044,
743.045,
743.046, and
743.047, Florida Statutes, as well as any other
disabilities of nonage that the court finds to be in the child’s best interest to
remove.” See chs. 2014-166, § 1; 2014-224, § 17, Laws of Fla. (amending §
39.701(3)(a), Fla....
...d duration of
contacts among siblings who have been separated during placement, as well as any
efforts undertaken to reunite separated siblings, if doing so is in the best interest of
each child.” See ch. 2014-224, § 17, Laws of Fla. (amending § 39.701(2)(c), Fla.
Stat.)....
...If the court finds that
the child could not be safely returned to the parents, it must extend the case plan
for a period of not more than 6 months to allow the social service agency to
comply with its obligations under the case plan.
(4) At any judicial review held under section 39.701(3), Florida
Statutes, if, in the opinion of the court, the department has not met its obligations
to the child as stated in the written case plan or in the provision of independent
- 16 -
livi...
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 147, 2014 Fla. LEXIS 984, 2014 WL 1281915
...If the
court finds that the child could not be safely returned to the parents, it shallmust
extend the case plan for a period of not more than 6 months to allow the social
service agency to comply with its obligations under the case plan.
(4) At any judicial review held under section
39.701(6)(3), Florida
Statutes, if, in the opinion of the court, the department has not complied withmet
its obligations to the child as specifiedstated in the written case plan or in the
provision of independent living services as required by sections
39.701(6) and
409.1451, Florida Statutes, the court shallmay a show cause order issue an order
directing the department to show cause as to why it has not done so....
CopyPublished | Florida 2nd District Court of Appeal
... plan at least seventy-two hours before the hearing on court's approval); §
39.621(3)(a)
("At least 3 business days before the permanency hearing, the [D]epartment shall file its
judicial review social services report with the court and serve copies of the report on all
parties"); §
39.701(2)(b)(1) (requiring that the parent "must be served" the Department's
and the Guardian ad Litem Program's written reports seventy-two hours before the
judicial review hearing); see also J.B....
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 9711, 2005 WL 1458769
...e basis at this time. Maybe in the future, but certainly not now. Not based on a full review of this case and the information that I've seen. The court denied the motion for reunification and granted DCF's motion to terminate protective supervision. Section 39.701(8)(b), Florida Statutes (2002) states: The court shall return the child to the custody of the parents at any time it determines that they have substantially complied with the case plan, if the court is satisfied that reunification will...
CopyPublished | Florida 5th District Court of Appeal
...We reach only one issue and reverse.
The parents consented to a finding of dependency, and the trial court set a case
plan for reunification. The parents substantially complied with the case plan, the trial court
reunified as to both parents, and set a hearing for six months later as required by section
39.701(1)(b), Florida Statutes (2016)....
CopyPublished | Supreme Court of Florida
...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....
...oval of the child from
the home” and “the frequency, duration, manner, and level of engagement of the
parent or legal custodian’s visitation with the child in compliance with the case
plan.” See ch. 2018-103, § 12, Laws of Fla. (amending § 39.701(2)(d)(5), Fla.
Stat....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 606, 2000 Fla. LEXIS 1461, 2000 WL 963895
...(44) Appellate arguments, hearings, and conferences should prevail over trial court proceedings. (45) The case in which the trial date has been first set should take precedence. . See, e.g., §
39.001 (h) — (j), Fla.Stat. (1999) (recognizing permanent placement for dependent children as one purpose of Chapter 39); §
39.701(8)(f), Fla.Stat....
CopyPublished | Supreme Court of Florida
...The Committee did not publish
the proposals before filing them with the Court. After considering the
2. See ch. 2019-142, §§ 5-6, 9-10, Laws of Fla. (amending §§
39.402(8)(h),
39.407(3)(d)1.,
39.407(6)(g)2.,
39.6251(2)(e),
39.6251(6),
39.701(2)(d), and
39.701(4), Fla....
...New
subdivision (f)(6) is added to require that when the court determines at a judicial
review hearing that a child is placed out of home, the judicial review order must
state that the department has placement and care responsibility for the child. See
ch. 2019-142, § 10, Laws of Fla. (amending § 39.701(2)(d), Fla. Stat. (2018), and
enacting § 39.701(4)(f)-(g), Fla....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 51, 2002 Fla. LEXIS 3, 2002 WL 5491
...2001), shelter placement hearing; section
39.501(4), Florida Statutes (2001), hearing on petition for dependency; section
39.521(l)(a), Florida Statutes (2001), disposition hearing; section 39.601(2), Florida Statutes (2001), case plan requirements; section
39.701(6)(b), Florida Statutes (2001), judicial review of child’s status; rule 8.215(c)(1), report of guardian ad litem; and rule 8.415(d), judicial review of dependency cases....
CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 11, 2016 Fla. LEXIS 129, 2016 WL 264523
...to Fla. Rules of Juv. Proc.,
158 So.3d 523 (Fla.2015). The amendments were proposed by the Florida Bar’s- Juvenile Court Rules Committee (Committee) in a fast-track report to implement recent legislation. See ch.2014-166, § 1, Laws of Fla. (amending §
39.701, Fla. Stat.); ' ch.2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§
39.402;
39.501;
39.701, Fla.-Stat.); ch.2014-227, § 1, Laws of Fla....
CopyPublished | Supreme Court of Florida
...Rules of Juv. Proc.,
158 So. 3d 523 (Fla. 2015). The amendments
were proposed by the Florida Bar’s Juvenile Court Rules Committee (Committee)
in a fast-track report to implement recent legislation. See ch. 2014-166, § 1, Laws
of Fla. (amending §
39.701, Fla. Stat.); ch. 2014-224, §§ 12, 13, 17, Laws of Fla.
(amending §§
39.402;
39.501;
39.701, Fla....
CopyPublished | Supreme Court of Florida
...hearing,
and new subdivision (b)(2)(D) specifies when a court must conduct a
hearing and issue an order to effectuate a change of custody.
Rule 8.415 (Judicial Review of Dependency Cases) is amended
to address recent legislative changes to section 39.701(3), Florida
Statutes (2021), which now requires a judicial review hearing when
a dependent child turns 16....
...Subdivision (e) (Retention of Jurisdiction
Following Reinstatement of Parental Rights) addresses retention of
jurisdiction following reinstatement of parental rights.
Finally, a new form is created and designated as form 8.973A,
to conform with section 39.701(3), Florida Statutes, which as stated
above now requires an additional judicial review hearing when a
dependent child turns 16....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 2742, 2007 WL 601194
...If the father has substantially complied with his case plan and the court is satisfied that unification will not be detrimental to the child's safety, well-being, and physical, mental, and emotional health, the court shall return the minor child to his father. See § 39.701(9)(b), Fla....
CopyPublished | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 264, 2009 Fla. LEXIS 269, 2009 WL 485113
...less the child's presence is excused based on a showing of good cause. The amendment also would permit any party to file a motion to excuse the presence of the child. The Steering Committee states that the proposed amendment is intended to implement section 39.701(6)(a), Florida Statutes (2008)....
...days after a child's seventeenth birthday and requires that the child "be given the opportunity to address the court with any information relevant to the child's best interests, particularly as it relates to independent living transition services." § 39.701(6)(a), Fla....
...at dependency case hearings, including judicial review hearings. In support of its proposal, the Steering Committee asserts that a child's personal appearance in court affords the best opportunity for the court to carry out legislative intent under section 39.701(a)(1)-(10), Florida Statutes (2008), that children who are "aging out" of the dependency system are receiving appropriate services and are prepared for adulthood. The Steering Committee states that its proposal requires court attendance by children who are at least sixteen in order to ensure that the age group specified in section 39.701(6)(a) is able to meaningfully "address the court" as anticipated by the statute....
...with the Steering Committee that, in many instances, a child's presence and meaningful participation in dependency proceedings is critical, the Legislature has already clearly spoken with regard to the issue the Steering Committee seeks to address. Section 39.701(6)(a) requires the court in dependency proceedings to hold a judicial review hearing within ninety days after a child's seventeenth birthday and continue to hold timely judicial review hearings thereafter. § 39.701(6)(a), Fla. Stat. (2008). Further, at each judicial review hearing held under section 39.701(6)(a), the statute requires that "the child shall be given the opportunity to address the court with any information relevant to the child's best interests, particularly as it relates to independent living transition services." Id. In addition, the Department of Children and Family Services must provide the court with written verification that the child "[h]as been encouraged to attend all judicial review hearings occurring after his or her 17th birthday." § 39.701(6)(a)(10), Fla....
...2) a child have the opportunity to address the court at the hearing, and (3) the Department of Children and Family Services verify that the child has been encouraged to attend all court hearings occurring after his or her seventeenth birthday. See §§ 39.701(6)(a), 39.701(6)(a)(10), Fla....
...the court will likely be conducting only two more judicial review hearings before the youth attains the age of majority.[n. 6] Personal appearance in court by the youth affords the best opportunity for the court to carry out Legislative intent under section 39.701(6)(a)1-10, Florida Statutes, that youth reaching the end of their childhood are receiving services and are being prepared for adulthood....
...ed when that person is 17 and older. Therefore, allowing the court direct access to youth in court maximizes the opportunity for meaningful review of the services and training provided to transition the young person successfully to adulthood. [N. 6] Section 39.701(6)(a), Florida Statutes permits more frequent reviews of the child's status during the year prior to the child's 18th birthday....
...Improvements in Independent Living Services Will Better Assist State's Struggling Youth, OPPAGA Report No. 05-61 (December 2005), available at http://www.oppaga.state.fl.us/reports/ pdf/0561rpt.pdf. [4] Within the past five years, the Legislature has created sections
39.701(6)(a),
743.045, and
743.046. Section
39.701(6)(a) mandates that a judicial review hearing be held within ninety days after a child's seventeenth birthday....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 101, 2015 Fla. LEXIS 281, 2015 WL 686028
...viewing the relevant
legislation, we amend the Florida Rules of Juvenile Procedure as proposed by the
Committee. The more significant amendments make the following changes to the
rules.
2. See ch. 2014-166, § 1, Laws of Fla. (amending §
39.701(3)(a), Fla. Stat.);
ch. 2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§
39.402(8)(h), (9);
39.501(3)(d);
39.701(2)(c), (3)(a), Fla....
...ctions
743.044,
743.045 ,
743.046, and
743.047, Florida Statutes, as well as any other
disabilities of nonage that the court finds to be in the child’s best interest to
remove.” See chs. 2014-166, § 1; 2014-224, § 17, Laws of Fla. (amending §
39.701(3)(a), Fla....
...d duration of
contacts among siblings who have been separated during placement, as well as any
efforts undertaken to reunite separated siblings, if doing so is in the best interest of
each child.” See ch. 2014-224, § 17, Laws of Fla. (amending § 39.701(2)(c), Fla.
Stat.)....
...If the court finds that
the child could not be safely returned to the parents, it must extend the case plan
for a period of not more than 6 months to allow the social service agency to
comply with its obligations under the case plan.
(4) At any judicial review held under section 39.701(3), Florida
Statutes, if, in the opinion of the court, the department has not met its obligations
to the child as stated in the written case plan or in the provision of independent
- 16 -
livi...
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 1308
...court is satisfied that reunification will not be detrimental to the child’s safety, well-being, and physical, mental, and emotional health.’ ” B.D.E. v. Dep’t of Children & Family Servs.,
829 So.2d 359, 360 (Fla. 1st DCA 2002) (quoting §
39.701(8)(b), Fla....
CopyPublished | Supreme Court of Florida
See ch. 2017-8, §§ 3, 8,. Laws of Fla. (amending § 39,701(3)(a), Fla. Stat.; effective May 1, 2017); ch
CopyPublished | Supreme Court of Florida
...e; In General) and (e)(2)
(Notice; Summons) of rule 8.347 (Motion to Supplement Order of Adjudication,
Disposition Order, and Case Plan) add language that must be included in a notice
2. See ch. 2017-8, §§ 3, 8, Laws of Fla. (amending § 39.701(3)(a), Fla.
Stat.; effective May 1, 2017); ch....
CopyPublished | District Court of Appeal of Florida
2018 judicial review hearing held pursuant to section
39.701, Florida Statutes (2018). The Miami Herald
CopyPublished | Florida 4th District Court of Appeal
...and the terms may not be used interchangeably. Each is subject to its
own governing statutes and procedural rule. Relevant to this case, judicial
reviews are governed by Florida Rule of Juvenile Procedure 8.415
(“Judicial Review of Dependency Cases”) and section 39.701, Florida
Statutes (2021) (“Judicial review”)....
...However, the Department and GAL’s
arguments miss the mark, as they essentially equivocate a change in case
plan goal with entry of a permanent guardianship. Moreover, as
discussed, where the hearing is billed as a “judicial review,” which is
governed by section
39.701, the mother would not have been on notice
that the hearing was proceeding as a permanency hearing under section
39.621.
Accordingly, we reverse and remand for further proceedings consistent
with this opinion.
Reversed and reman...
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 12664, 2005 WL 1943208
...the child in the permanent custody of his natural father, a non-offending parent. Appellant argues that, because the trial court found she substantially complied with her case plan and the case plan goal throughout the proceedings was reunification, section 39.701(9)(b), Florida Statutes (2004) mandates the court return the child to her....
...No argument is made that, prior to placing the child with the father, the court failed to consider the best interest of the child. Clearly, substantial compliance with a case plan is a prerequisite to reuniting a parent and a dependent child. See §
39.522(2) and §
39.701(9)(b), Fla....
